Loading...
HomeMy WebLinkAboutminutes.council.19610501 May 1, 1961 Informal Meeting of Aspen City Council with Representives of Rocky Mountain Natural ~as Co. Rocky Mtn. Mayor Garfish, Councilmen Anderson, James, and Braun, City Administrator/and Proposed City Attorney Stewart met with representatives of the Rocky Mountain Natural Gas Co. Franchise. at 5:00PM, for the purpose of discussing proposed franchise. Add Emergency Clause. Changes - Section 1 and may be cited. Section 4 - change. Check with Stewart and Wurl. Section 5 - Provisions of Public Liability not less than $500,000.00 Sec. 6 - No change Sec. 7 - Check with Wurl Sec. 8 Service Standards added. B.Oalorimeter test added. C.Gas Pressure addition D.Addition E.Addition F. " Maintenance G. Maps to show construction H. Copies of Calorimeter tests. L. Service to Customers. Sections 9 -10- ll-lZ - Ho change Section 13 - Addition. Section 14 - No Change Section 15 - Requiring payment of permit charge for excavation. Sec. 16 . Change. · Sec. 17. No Change. Sec.18 " Sec. 19 Change Sec. 20 No Change Sec. 21 New section re Pol~s~ Sec. 22 Assignment chan~ed Sec. 23 Assignment Sec. 24 Bonds - Surety or Performance. Sec. 25 No change Sec. 26 No change Sec. 27 No change Sec 28 - Emergency clause added. Meeting closed. Aspen, Colorado Regular Meeting-Aspen City. Council, May 1, 1961 The meeting was called to order at 7:30 PM by Mayor Garfish, with Councilmen Braun, James and Anderson, City Administrator Wurl, City ~reasurer Hall and City At- torney Stewart present. Absent - Councilman Beyer - on vacation. The minutes of the regular meeting of April 17 were read and approved upon motion by Anderson, seconded by James, and carried unanimously. The accounts payable of the City were read, and a motion was made by Anderson, seconded by Braun, to suspend Rule 19 and allow the several amounts. Carried unani- mously. The Treasurer's report was read by John Hall, and discussed. A motion was made by Braun, seconded by James, to accept the report. Carried unanimously. Balanger Mr. Balanger and Frank Rae, Engineers, were present and their proposal-was dis- Frank Rae cussed. They said if awarded contract they would use local help and reduce maintenance Engineer cost. Discussed- agreement to be worked out to present to Council; no rang~ points are at intersections, but corners are in; they estimate 25 days for field work with 2 three-men crews; discussion suspended until later. The application of the Aspen Holding Company, dba The Nugget, for a full liquor license, was read by Attorney Stewart, ~nd he referred to the letters of character at- Liquor tached thereto which are avail'able for public inspection. Also to ~he answer of "no" Lie. Appl. to the inquiry as to whether premises are located within 500 feet of the premises of The Nugget any school. Mr. Stewart also read several letters favoring issuance of the license. Mayor Garfish referred to the stenotype machine and operator brought in by the Stenotype attorney for the Nugget, and he said he considered it similar to tape recording, and Operator felt it was not according to law, and in future a court order would be required for such procedure. Attorney Stewart then read letter from the Aspen RestaurAnt Association, opposing issuance of a license, t'he-~e~asons stated therein - there are already sufficient outlets the matter of the 500 feet and'-~he school, and the requirement that inspection must be mad-e prior to approval. There were .~0 other remonstrances. While Council was reviewing application, Mayor Garfish read ~etter from 3ohn Car- roll, U. S. Senate, regarding extension of the Federal Airport Act. Whip Jones said a Aspen survey indicated 14 planes on the Aspen Airport at a time when there were none at Airport Glenwood Springs - ~pril 30, 1961. The Airport is trying to get financial aid for a larger plane. Regarding the application for the liquor license for the Nugget, Attorney Stewart License- said Council could either follow State regulations, or consider this on the basis of Nugget local needs subject to State regulations. Leslie A. Gross, of Denver, a~torney for the Nugget, then took the floor. He said he had called four witnesses - C. F. Pitts and 'Whipple Jones of the Smuggler Motel, and Jim Snobble and Bob Lockwood of the Nugget. He showed map of Aspen and outlined lane of traffic from the entrance to the City past the Nugget on Main Street. He then displayed a chart, and gave to Mayor Garfish an affidavit of the one who prepared it, showing comparison between gross revenue of the Sk~ Corporation ~which they felt best indicated growth Of tourism in Aspen) available lodgings and liquor outlets. Discussion followed, covering - fairness in contrasting dollar revenue of Ski ~orp- oration against facilities in liquor licensed places; had they considered lodges in County also. Mr. Gross said they had tried to cover only Aspen: whether all~ visitors to Aspen would require ~liquor. Mr. Gross said t~ey had not intended to imply this. ~-~ Whether they had considered increased capacity of bars - no. Mr. Gross then handed to the City Clerk the following exhibits to be filed in the Clerk's Office; Exhibit 1 ~- Map of Aspen showing liquor outlets. 2 Chart ~ Comparison of S~pply 'and Demand. 2A Affidavit from James C. Shearon 3 Plot Plan of Nugget and External Distances~. . 4. Proposed construction to which they would commit themselves if license % gran ted. Liquor License Exhibit 5 Plan of second Floor. The Nugget 6 Postcard - Pool area 7 Postcard - second story lounge and sundeck. 8 Postcard - Exterior view of Nugget - Winter. . 9 Signed petition supporting request for license 17 names and  Snobble affidavit. ~ 10 " " " request for license - 14 names and Snobble affidavit. 11 " " " request for license - 17 names and Snobble affidavit. 12 Proof of Publication in Aspen Times~ 13 Supporting letter - Ross Griffin 14 " " -Stewart Peck 15 " " C. F. Pitts 16 " " Bill Dunaway 17 " " Edgar Stanton 18 " " William C. Mason 19 " *' Mrs. Walter B. Mills 20 " " Sally Scheig Simons 21 Memorandum of Applicant submitted by Mr. Gross. Mr. Gross then called on Mr. Jones, who referre~ to location on Main Street, ~ad- ding that he felt there would be additional accommodations built, and that his guests at the Smuggler would be better served by having a bar and restaurant in the Nugget. He also referred to difficulty in parking in midtown area. Mr. C. F.Pitts said his opinion was similar to Mr. Jones' and he felt ~that the neighborhood was inadequately served. Jim Snobble, Manager and Partner of the Nugget, said he felt that expansion of the Nugget was needed due to the short seasons, and they want to put in 15 more units and a restaurant. It is their desire to increase service to their guests, and also to provide service to those accommodated in the area on Main Street from the Villa La Mart in. The cost of maintenance of the Nugget is such-that more accommodations and service are needed to provide just return on their investment. He also mentioned the distance from the center of town where most restaurants are located. Petitions circulated by Jim Snobble are included in the list of exhibits. Snobble said the opposition of the Restaurant Association was a matter of policy and not personal. He added that if they are to meet competition from the County, they must increase capacity and service. [ ~ Mr. Gross inquired if the n~w school was built subsequent to the building of the Nugget, also if there was competition from the County. The answer w~s "yes". Bob Lockwood, partner in the Nugget and an engineer, said he had personally measured the distance from the main door of ~the Nugget to the main entrance .of the school and that the distance is 677 plus feet. ~e said all improvements would be behind a fence facing onto the pool and patio. Also that there would be a meeting room where food would be served, and that the ba~ wc~uld accommodate from 30 to 35 people. He also said that they anticipated increasing business during April, Septem- ber and October by attracting small groups; that the business is not successful on the pre~t basis, and that they must furnish other services to attract guests. Otto Steiner spoke for the Restaurant Association, and said there was nothing per- sonal in their opposition to the issuance of the liquor license, and that they favor competition, but they feel the Nugget would not get full time participation from guests~ and he referred to the Colorado State Liquor Code re distance from school and the Nugget!.s measuring. He said the Association feels the available restaurants can take care of all guests. Mr. Gross disputed Steiner'm interpretation of the Liquor Code on distance from the school. Tabled. .Councilman Anderson made a motion to table the matter on the application of the Nugget until the next regular meeting, and this was seconded by Braun and carried un- animously. Rocky Mtn. John Reed, Vice President of the Rocky Mountain Natural Gas Co. said he would like Natural Gas. to submit to the City Council a franchise in accordance with the resulution adopted, and which has been negotiated with Attorney Stewart and City Administrator Wurl and includes all conditions as requested by them. A motion to read the Rocky Mountain Natural Gas Co. Franchise ordinance as amended was made by James, seconded by Anderson, and carried unanimously. Ord. No. 5, Ordinance No. 5, Series, 1961, Rocky Mountain Natural Gas Company Franchise Ord- 1961 inance, was read in full by Attorney Stewart. A motion was made by Anderson, seconded by Braun, toaccept ordinance and order it published. Carried unanimously with Council- men And~on, Braun and James present. Public Serv. Mr. Beatty of the Public Service Company said they had filed a petition with the Co. ~lenwood Springs Council foran initiated ordinance, and that it may be adopted or sub- mi~ted to the vote of the people, also that they still want to serve Aspen on a fran~' chise; if franchise is granted they will get gas to Aspen by fall. Mr. Reed thanked Council for having the ordinance read. Engineering City Administrator Wurl read a letter from the R. L. Corey Engineering of Grand Junction, with a figure of $1,625.00, and he said this is not a complete estimate. Mr. Balanger of Frank Rae Engineering said.they would find out Federal require- ment for loan and would determine what znformatzon is needed. Mr. Wurl read letters from Craig, Riverton and Gunnison, recommending Mr. Parker of Parker Associates. ~ Street Proposals for engineering for street grades were then discussed: Grades. Parke~ Associates $13,750.00 Prank Rae 5,850.00 nglneerlng Service 12,500.00 Mayor Garfish asked ~f Rae plans would be sufficient to start construction and they said these would be preliminary only.. Thei~ proposal is based on the asmumption that pins would be mn, alternate would be hour- ly rate for field service. Comparison of services offered was then considered, and the need of the City to have elevation at block corners and at everF break in grade~ Mr. Balanger said he had spoken to the Highway Department men about establishing grades, and they had told him they would probably do whatever is necessary if presented with comprehenszve' plan. A notion was made by Anderson, seconded by Braun, to accept the proposal of Frank Rae- Motion $5850.00 plus living e~xpenses, and to authorize Attorney Stewart to prepare contract. Frank Rae Carried unanimously. With respect to contract Councilmen Anderson and Braun approved the addition that it should provide for the work in addition to the scope of contract and should include hourly rate. Mr. Rae said they would contact the Federal Home and Housing Agency to get the necessary information so that Mr. Stewart and Mr. Wurl may proceed with the contract. Mayor Garfish referred to notice in the Aspen Times about difference in bid of Merril Bid-Merrill on laying pipe for the City and for the Meadows area, and Wurl and Buchanan said it was largely due to taps in the City and open country in the Meadows. Mayor Garfish also spoke about editorial~out dirty water and ~hrl said they are tak- Water ing action to get on well water. Mr. Balanger asked for information as to City's plan or schedule for street im- St. Improvement provement. Wurl will contact the PlanninK Commission for their recommendations, schedule Anderson - See Minutes of May 15,1961. Mayo~ Garfish said he and Councilman dS~m~l had contacted Booth Rouse Equipment Co. St. Sweeper in Denver, and they will furnish a used street sweeper for $3,100.00 cash. A motion was Motion made by Braun, seconded by James, to appropriate this amant for the purchase of the sweeper. Carried Unanimously. Jack Heath showed plans for a display area for plants on the west side of the Reath -Lath Prince Albert Bldg.,- a kind of lath house. Jim Marklunas said any such addition would house. have to be built of non-inflammable material, After discussion it was dedided that this matter should be referred to the Board of Adjustment, and if permitted, a resolution shoul be prepared, as Council would not oppose it. Bill Dunaway said he is resigning from the Board of Adjustment, and suggested as Bill Dunaway possible reDlacement - Norris Taylor. resigns Mr. Wurl said he had received a letter from LeCuyer outlining the proposed work for the Electric pepartment: 1. 4 Base maps 2. Field Survey 3. Written Log - long range program. Council suggested a contract with ceiling on rates - $4500.00 at most. Discussed - map belonging to John Doremus showing adjacent areas to Aspen, and its merit to the City. Motion was made by Braun, seconded by Anderson, to approve the platting by LeCuyer Motion- of the first and second phases of his proposal ($2500.00) and he is to be engaged at LeCuyer this time as Consulting Engineer for the Electric Department, and Attorney Stewart is Consulting authorized to draw up the contract. Carried unanimously. Eng. Wurl reported that he had received from Mr. and Mrs. P~B1 Frost a bill from Frost Dugger Drilling Co. for work due to frozen pipes. Unde~discussion it was suggested that Dugger this is not City's responsibility; also need for insurance or bond by diggers to cover Drilling their liability, and~ enforcement of permit requirement on street excavations. Wurl and Stewart will formulate regulations. Discussed - collapse of curb at Matthews Drug when waterline was laid. It was sug- ~urb gested that is be repaired temporarily due to pending grade program. Matthew Drug. Wurl has received requestss for waterline extensions from Stan Bealmear and Louis Pastore. This was discussed, and Wurl is to determine if Pastore house is in City limits, Waterline-Pastore and Council does not feel exte~nsion would be justified fcm Bealmear to~ serve ~nly an Bea~lmea~ additiona! building on his property. Wurl and Attorney Stewart were authorized to negotiate on the Meadows waterline, af- Meadows ter discussion on the South Monarch waterline extension and those still hooked on to waterline the old line. A motion was made by Anderson, seconded by B~aun,:to authorize Attorney Motion Stewart and Mr. Wurl to negotiate on the proposed Meadows waterline. Carried unanimous- ly, with the suggestion that ~m estimate on th~ required amount of water be submitted. Wurl said there i~ no waste oil available for the streets. As the Design Confer- Streets ence will start June 15, Wur! is to go ahead with the oil program as formerly, oiling Wurl referred to mower for~park use, and rotary type ~eems to be favored. It was Bids suggested that, inasmuch as the Wagner Park Committee forms policy on maintenance of Park Main~. Wagner Park, bids be invited for Paepcke Park Maintenance. Wurl read a letter fro~ C. H. Hoper, asking for compensation for a trip to Aspen Hoper bill for consultation with Wurl, and Wurl being out of town. After Wurl had given all the facts to Council it was the consensus that the City should not pay the bill. Wurl said Teleo Caparella had informed him that he was hired on a salary of $500.00 ' Wages a month. Wurl talked to the men in the Electric Department and they would like to have Electric a guaranteed minimum pay. This will be provided in codification of ordinances. In the i Water meantime, it was suggested that the m~erage monthly earnings for the last year be reviewed LI and referred to Council. Ord. 4 Ordinance No. 4, Series 1961, - an Ordinance Authorizing the Expenditure of $38,000 1961 for the Further Improvement of the Domestic Water System of the City of Aspen, Colorado, and Declaring an Emergency to Exist, was read fo~ the second tim~ by Mr. Stewart, and a motion was made by Braun, seconded by Anderson, to adopt the Ordinance. Carried un- animously. The following resolution for the transfer of funds was read by Mr. Stewart: RESOLUTION WHEREAS, the City of Aspen has read on final reading Ordinance No.4, (Series of 1961) providing for the expediture of $38,000.00 in excess of the Budget for the calendar year 1961 to be used for the improvement of the domestic water system Resolution- for the City of Aspen, Transfer of Funds WHEREAS, the City of Aspen has available in the Electric Revenue Fund the sum of $10,000.00, in the Electric Oontingent Fund the sum of $8,000.00, and in the General Street Improvement Fund the Rum of $20,000.00, and the expenditure of ~smid monies in such funds shall not be required and it is deemed advisable by the City Council that the total sum of $38,000.00 from such funds be transferred to the Special Water Fund for the expenditure according to the provisions of Ordi- nance No. 4 ( Series 6f 1961), .I NOW, THEREFORE, be it RESOLVED: 1. That the Treasurer and the City Clerk shall and they are hereby authorized to transfer to the Special Water Fuhd the sum of $38,000.00 from the foll~x~i6g funds according to the amount set opposite each 8~mount: Electric Revenue Fund $10,000.00 Electric Contingent Fund 8,000.00 General Street Improvement Fund 20,000.00 2. That a certified copy of this resolution shall be delivered to the Treas- urer for the City of Aspen and to the City Clerk for the per~anent records in their respective offices. Dated at Aspen, Colorado, this 1 day of May, 1961 Dorothy Hoffmann M.J. Garfish City Clerk Mayor A motion was made by James, seconded by Anderson, to adopt the resolution~ Car- ried unanimously. License- An application for license for the Kandahar Apa.r.tments was reviewed and a motion Kandahar was made by Anderson, seconded by James, to approve l~suance of license. Carried un- animously. A resolution permitting~ the use by Bert Bidwell 6f the alley in Block 3 was then read by Attorney Stewart: RESOLUTI ON Resolution WHEREAS, BERTRAM A. BIDWELL and MAXIME M. BIDWELL are the owners in joint Bidwell -Alley tenancy of the following described property .situate in the County of Pitkin, BI 3 State of Colorado: Lots P, Q, R and S, in Block 3 in and to the City and Townsite of Aspen: WHEREAS, the said Bertram ~..Bidwell and Maxime M. Bidwell have requested permission from the City Council of the City of Aspen to permit the landscaping of the alley lying immediately northerly of the said above described lots: WHEREAS, the City Council desires to grant permission for the landscaping ~of said lots; NOW, THEREFORE, be it RESOLVED: 1. That the said Bertram Al Bidwell and Maxine M. Bidwell are hereby granted ~ permission to landscape the alley lying North of said Lots P , Q, R and S, in I Block 3, City and Townsite of Aspen; providing, however, the City of Aspen reserves ! the right and privilege at an~ time to revoke this resolution and may at any time , thereafter enter into possession of said alley. Further providing that in the event ~-~ the City of Aspen shall elect to revoke this resolution, notice, in writing, shall be delivered to the said Bertram A. Bidwell and Maxine M. Bidwell within ten days prior to the effective date. Dated at Aspen, Colorado, this 1 day of May, A.D. 1961. A motion was made by Braun, seconded by James, to adopt the resolution. Carried un- animously. Attorne. y Stewart referred to case in Aurora, a decision on which will affect the traffic ordznance in the codification. He will work on thi~. Aspen, Colorado Regular Meeting, Aspen City Council May 1, 1961 Cont'd. Aspen Skating Rink - Pending East Aspen Patent - May 8 as tentative date for meeting Annexation of Ute - Awaiting information from Benedict Albouy and ditch - it was suggested the two owners clean ditch and bill him. Leasing water - still pending Funds have been transferred from Central Bank & Trust to Pitkin County Bank. Investing Funds - Pitkin County Bank will secure, but there should be a conference be- ~ tween John Hall and the Bank. Quiet Titles - A motion to dismiss has been filed by the Christian Church. Wieben - pleadings have been filed. Codification of ordinances - on agenda. Business and contractors' licensing ordinances - on agenda. Regulations on scavenger contract - still pending. False arrest coverage - discussed, and a motion was made by Braun, seconded by False arrest Anderson, to take National Sheriff Association coverage - premium $87.50 a year. Carried coverage unanimously. New Well - Attorney ~Stewart read a letter from Hodges, re quit claim deeds from City on certain mining claims (6/11/38 Easement recorded Bk 167 P 84). Stewart sug- New Well gested entering into an agreement with the Ski Corporation whereby they pay some amount Ski Corp. to the City in connection wit~ mining claims. It was suggested that this be kept separ= ate from original offer of lots for quit claim, and Stewart will contact Hodges. Wurl is working on vault plans and bids. A motion was made by James seconded by Braun, appointing Councilman Beyer to sit Beyer- in on the Fire District meetings as liaison member for Council. Carried Unanimously. Fire Distr. Meetings. Mr. Stewart referred to quit claim summons ( Fritz Benedict) naming City and said no answer is required. Mayor Garfish said Stan Johnson and Ted Mularz had been suggested as replacement Pi & Zoning for John Doremus on the Planning and Zoning Comm. Hold for further discussion. Comm. The matter of the application of the Nugget was discussed further and Attorney Stewart said City could deny, or interpret the State Code. When report is sent in the License distance from school must be reported, also the fact that the building has not yet been Nugget constructed for the restaurant. The needs of the community should be considered. If application is approved a letter of transmittal should go to the State Liquor Board. Letter from Whitney and Schleppenbach, Engineers, was read and handed over to Wurl. The seminar at the Aspen Institute from May 22 to May 26 was discussed, 'and the Mayor and Wurl will try and attend, The meeting was adjourned at i:30PM upon motion by Anderson seconded by 3ames.