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HomeMy WebLinkAboutminutes.council.19610619 Aspen~ Colorado __Regular Meeting~ Aspen City Council - June 19~ 1961. Mayor Garfish qpened the meeting at 7:30 PM with Councilmen Beyer, Anderson, and James, City Administrator Wurl, City Treasurer Hall and City Attorney Stewart present. Councilman Braun was out of town. The minutes ~of the regular meeting of June 5 were read and approved upon motion by Anderson, seconded by Beyer and carried. The City's bills payable were read and discussed, also the accounts p~yable of the Special Water Fund, and a letter from the Central Bank and Trust Co., regarding trans- fer of reserve funds was reviewed: a motion was made by Anderson, seconded by James, to suspend Rule 19 and pay the several amounts. Carried unanimously. The bills payable of the Electric and Water Departments were then read, and dis- cussed, and Councilman Beyer moved that Rule 19 be suspended and the amounts paid. This , was seconded b~ James, and carried. Mr. Wurl ~ave out profit and loss statements of the Electric and Water Departments and these were discussed. Mr. Gross, Attorney for the Nugget, 3im Snobble and M~. Lockwood were present. Mr. Liquor Lic. Gross emphasized the importance to the Nugget of the approval for a liquor license, and App'l. reviewed his previous presentation. He said every requirement had been .met, and that he The Nugget ~ felt license should be granted. Reference was made to the letter dated June 1 to the Clerk from Attorney Stewart, and this was again read by Mayor Garfish. Attorney Stewart said that, as instrUcted by Council, he had written to the State Liquor Commission, but had received no reply. Later Mr. Wilson and the local inspector, ~Paul Adams, came to his office and told him his letter had been received, and said that f ~ Council should take the position outlined in his June 1 letter. Mr. Gross referred to the City's authority to'determine the needs of the neighbor- hood, and said that the means for measuring di~s~t ance from the school was not included ~.1 in the statute. He also said the Nugget was built before the new school. He referred to Englew6od and Fort Logan, 1960, for examples of licenses issued under similar circumstances. H~ said if application was approved on needs of neighborhood, they would take their chances thereafter. The Nugget Attorney Stewart referred to the Nugget as being beneficial to the area, and said he had appraised statutes and regulations, with the belief that it is a matter of i~terpretation of State law, -stating that Councul could deny on the basis of violation of intertpretation of State code, or base determination on needs o~ the community, in which case Couhcil would be obliged to point out the distance factor and that the building is not yet in existence, although plans have been submitted. CouncilmaW Beyer referred to the objection expressed by the PTA and the School Board..~ moved that the matter be tabled to give the Nugget.a ~hance to contact the State,/~e PTA %nd the School Board to see if they would ~e willing to reyerse their decision on disapproval. This was seconded by Anderson. Mr. Gross said if application is ~pproved by City, it would then be up to the State Commission to weigh the evidence and determine the needs of the neighborhood, and he fel~ this could not be successful if he had to follow the conditions of the motion. Councilman Beyer upheld his mption and further discussion followed,- covering authority of Mr. Wilson,- needs of the community,- measurementi~ according to Code but not according to statute,- and whether Council would be acting against their oath of office in approving application. Attorney Stewart said interpretation of State law is not up to Council. He also said that City could he'liable to suit on the matter of needs and requirements of the City. Mr. Gross expressed the opinion that there wopld be no violation of oath of office if determination was made in good faith, and he said that opposition had been made verbally. Councilman Anderson withdrew his seconding of the motion made by Councilman Beyer, wh~ declared to withdraw the motion. Councilman James then moved that in consideration of the needs of the area, Council tentatively approve the application for a three way liquor license for the Nugget, orlon bri~ging to the attention of the State all factors connected With this application. Seconded by Anderson. The'vote was~- James, yea -~Anderson, yea - Beyer, Nay-d~e to ~ the objection~from the School Board and PTA. Mr. McDonald asked f6r contribution toward the purchase of fireworks for the Fireworks Fourth of July. Beyer moved that the $75.00 provided in the budget be donated to the Motion. Aspen Volunteer Fire Department. Seconded. by James and carried unanimously. Alley closing Mr. Clymer, the Fire Chief, protested the closing of alleys, due ~o fire hazard Fire rates, and insurance rates, statin~ that the Department is opposed to closing. Discussed, and Council asked Clymer to let them know if rates would be affected. Dumping in . Martha Fisher referred to public dumping in the Roaring Fork River in the East End. Roaring Fork Councilman Anderson said that he had..spoken about this to Mr. Delaney about a year ago River- as it is a County problem. It was suggested that she refer this to Dr. Oden, the Health Inspector, as a health hazard. She also inquired about water in the irrigation ditches Irrigation and Mr. Wurl said that after two culverts have been put in water will be turned on. Ditches. Geraldine Price, with Larry Sherman and Richard Lei, presented plan and outline for closing one block as an experimental "Aspen Center" - Hymen between Galena and Mills Streets. Mr. Lei and Mr. Sherman ~xplained the project and showed plan of pro- posed landscaping. Mr. Lai read a letter from Mr. Singer supporting the project, and Aspen he said Bob Craig had indicated the Aspen Institute would assist. The period of closing Civic Cente~ would be fr6m August 11 to August 19. Cliff Brelsford, representing the Chamber of Commerce, said they were in favor of this p~oject. Councilman Anderson asked if all merchants in the area had been contacted. Mr. Lei said the majority had been and that Louis Pastore had stressed his need for ~arking space; Mr. Parsons of Aspen Drug had objected, and Mrs. Taylor said the Bus Depot had not been officially contacted, and parking space would be needed. Discussion followed, covering need for parking space to compensate for area withdrawn,- approval of Fire Department must be obtained. It was suggested that this project be referred to the Planning Commission at their meeting of June 27 and again presented to ~Council. ~ Ordinance No. 7, Series of 1961, an Ordinance Providing for a License for the Engag- ing in any Vocation, Occupation or B~siness in the City of Aspen; Providing for Ex- Ord. No.7 emptions from such License; Providing PenaltiAs for Violations Thereof and Declaring 1961 an<~ Emergency to Exist, was then discussed. Mrs. Taylor, Alford Raleigh, and Cliff I Brelsford asked about purpose of the Ordinance and whom it would cov~r. Attorney Stewart i explained purpose of license,-revenue and regul a tory, and he and Wurl will draw up i application. Mr. Stewart then read the Ordinance in full for the second time. A ~! motion was made by Beyer, seconded by Anderson, to approve Ordinance No. 7, Series of 1961, and order it published. Carri%d unanimously. Cliff Brelsford as representative for the Chamber of Commerce had inquired as to Restoring the feeling of Council on use of Armory Hall for large conventions,- as there is no Armory Hall space available in Aspen for such. The matter of restoration and safety factors were discussed, and Jim Markalunas is to make a preliminary study and present it to Council, and an inquiry is to be made as to fair rental basis. Ordinance No~ 8, Series 1961, an Ordinance Amending a Portion of Section 29, Ordinance No.8~!~ ~dina~ee No. 1, Series of 1960, ~lating to Meter Rates and Charges and Amending Section 1961 ii , said Ordinance No. 1, Providing for Tap Charges for Water Users Within the City of Aspen and Outside the City of Aspen, was read in full for the Second time by Attorney C ' Stewart, and ouncllman Beyer moved that the Ordinance be approved as read and published. Seconded by James, and carried unanimously. City Administrator Wurl's report. Bill from Bealmear for curb at Matthews' Drug discussed. He had adjusted it to com- Curb at pensate for unevenness of curbing, and Mr. Matthews had expressed satisfaction. A motion Matthews was made b~ Anderwon, seconded by James, to pay the bill from Bealmear. Carried unanimou~ Drug ly. Wurl reported on his attendance at the Colorado Municipal League Convention - acom- Colo Mun. plete revision of the liquor laws has been rewritten by SchoOley. Felix Sparks of the League Cony. Water Conservation will send copy of his report to the City. Wurl will follow up on the matter of refund by County to City on roads and bridge~. The City must take inventory Inv. of Sts. of its streets by Fall. Re irrigation rates - discussed - flat rates and demands on the system during period irrigation. of irrigation, and the setting up of regulations as provided by ordinance. Discussed - application for loan from ~ousing and Home Agency and Mr. Stewart Will Loan - Nousing call Fort Worth. and Home Agy. Wurl asked about Bill Sweet during off season. Police Chief Kralicek would like to Police have him walk beat during summer season. Also discussed agreement with County On area outside the City limits to be patrolled. Wurl will take this up with Kralicek. The bids on the police car will be in on July 3. Wurl toured vacant lots, and referred to lots owned by Whittlesby, who has authorized Clean-up/ City to clean up lots and bill him. Also to lot between Opera House and Mother Lode. Councilman Anderson has spoken to Judge Shaw about this and it will be cleaned up. Mayor Garfish read a letter from Ken Moore, th~ Clean-up Chairman, outlinin~ his recommendations, and work already done. Wurl reported that Judge Shaw had received a letter from Edgar Stern about leasing Leasing water, but terms were not favorable to the City and Judge Shaw will continue tp work on Water. this. No plan has been received from property owners about leasing Maroon Creek water. The new well at Little Nell is now 90 Ft. deep and water came in at 77 ft. Drilling Well. to be continued. Count of water users will be made soon. Electric Rates - Wurl is discussing this with Mr. LeCuyer. Bids on vault ! - at next meeting. Discussed using door now available. Annual Report mn preparation. Discussed - raising liability to limit before renewal date. Liability Ins. Discussed- Fritz Benedict is considering extension of waterline to serve Aspen Grove- now in planning and cost estimate stage. request from Ken Moore for extension of waterline in Ute Addition - Wn~t Waterline will call for bids. B~ds. Natalie Gignoux came in and inquired about temporary structure at Golden Horn in the Golden Horn alley, and the structure used by the Parlour for garbage cans. Council instructed At- Entrance in torney Stewart to write Steve Knowlton to remove structure. He was also advised to in- Alley struct the present owner of Steve Knowlton's house to remove the gas tank which is in Parlour - ally the alley. Jim Markalunas will take care of the Parlour matter. Attorney Stewart has sent a letter to Roy Reid to remove the fence. Wurl referred to Council the recommendations of Markalunas re Bell Tower: Interior staircase should be closed. Bell Tower. 1/2" plywood board should be laid on existing*floor. Close off access to underside of existing structure. Remove all flamable material from basement of existing structure. Remove and replace the exisitng dangerous electric service and fuse block. External staircase on South Side. Wurl will get estimate and refer to Council. Wurl referred to the amount provided in the budget for a camera, and said the inten- tion was to have the camera used in the Police, Building an~ his departments. After dis- Motion- cussion, a motion was made by James, seconded by Anderson, to authorize Wurl to get Camera information re purchase of camera. Carried unanimously. Jim Markalunas read suggested fees for the contractors' licensing ordinance. He Fees Cont- is to make a list of the average figures for Council. He has sent a nofice to Hurst to rectors' lic. desist business activity in residential zone. Ord. It was decided that Bill Sweet would-continue on the Street Department pending con- Bill Sweet sideration by Counc~il. - delinquents in clean-up campaign'. Jim Discussed warning notice to be sent tO.n Markalunas will see Jiffy Cleaners re sludge ~ alley. He is following up on Rowland clea' UP. Jim referred to the Building Inspectors' Conference to be held in Aspen on July28. Motion- After discussion, a motion was made by Anderson, seconded by James, that the City buy Bldg. Insp. the lunch for the Building Inspectors, as advertising and promotion of Aspen. Carried Lunch unanimously. Wagner Park was discussed, and Councilman Anderson moved that the $1,000.00 as pro- Motion- vided in the budget be transferred to the Wagner Park Committee. Seconded by Beyer $1000.00 to and carried. Wagner Pk. Aspen, Colorado Regular Meeting Aspen City Council June 19,1961 Cont'd. Attorney Stewart is arranging a meeting with Les Finley. Reward It was decided that the checks deposited with the Clerk for reward for convicting ~. checks, dog poisoner should be returned as stale date. ~ Aspen Skating Rink suit still pending. East Aspen Patent - Mr. Stewart has sent information to Mr. Mellman. ~ Annexation - Ute - awaiting information from Fritz Benedict. June 26 - Meeting with officers of Aspen Skiing Corporation. Quiet titles - Motions in Glenwood on lots in Paepcke Park. Wieben claim - still pending. Codification of ordinances awaiting motor vehicle portion to come from Gordon Hinds. ScavenKer Rules and regulations for scavenger agreement read by Attorney Stewart. A motion Contract was made by James, seconded by Beyer, to adopt the rules and regulations as part of the contract with Victor Goodheart. Carried unanimuosly. U.N. Day ~ Mayor Garfish read letter re proclamation for United Nations Day, and Robert Craig was suggested as chairman ( October 24, 1961) Glory Hole Councilman Anderson referred to dumpin~ in Glory Hole. Discussion covered - ditch and who built flume. Attorney Stewart will review this. Also discussed - to what extent the City is justified in making contributions. A motion to adjourn was made by Be~er, seconded by James at 1:40 AM and carried. f¢ A1 Ut SI~