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HomeMy WebLinkAboutminutes.council.19611218Aspen, Colorado Regular Meeting, Aspen City Council December 18, 1961 The regular meeting was called to order 'at 7:30 PM by Mayor Garfish, with Councilmen Beyer, Anderson, James and Braun, City Attorney Stewart, City Adrdnistrator Humphrey and City Treasurer Mrs. Taylor, present. The minutes of the regular meeting of December 4 were read. Mr. Humphrey re- ported that he had not been able to get Miss Hobgood to s~gn claim or release, and will follow this up. A motion was made by James, seconded by Anderson, to approve the min- utes as read. Carried unanimausly. Discussed - pit cover at Hyman and Hunter Streets which does not fit properly, and Mr. Humphrey will handle. Councilman Beyer referred to the Crosby, and Jim Markalunas said the house is Crosby tagged, and that the Lwoderbach's have not moved in. Rouse. Discussed - transfer of funds from Special Water Fund to Water Operating Fund, Recessed and Mr. Stewart suggested recessing the present meeting until December 29th to take Meeting care of such matters. The accounts payable of the City, the Electric Department and the Water Depart- ment were read and discussed. Mr. Humphrey will check overtime wages paid. A motion was made by Braun, seconded by Beyer, to suspend Rule 19 and pay the several amounts. Carried unanimously. The balance of the ~reasurer's report, showing cash operating position, was read by Mrs. Taylor. Tom Fleck was present regarding an application for a liquor license, due ~o change in corporation - formerly Blue Noodle, Inc. dba Newton's Abbey Bar, now License Abbey Corporation dba Abbey Bar and Rest-mutant. Mr. Stewart reviewed the application Abbey Bar and said this change had been discussed with Paul Adams, and that it will not be necessary to publish for remonstrances, there beingno change in location. Mr. Stewart said letters of recommendation from references should accompany application to State office. A motion was made by Beyer,to approve the application of the Abbey Corporation dba The Abbey Bar and Restaurant, effective January 1, 1962, for a. full liquor license, wkich should be accompanied by letters of recommendation. Seconded by Braun, and carried unanimously. Whippl~ Jones was present, and said he had called at the office of Judge Shaw but had not found him in. He wants to see the contract~drawn up for the leasing of Contract Maroon Creek water to Mrs. Paepcke, and he feels that Jim Moore should be included in ~his. He said he would not object to signing the contract if others involved-agree, leasing water Maroon Creek. He referred to a recent snow slide into the flume, and told Council that he had men working to clear this as he assumed City would want to keep it open. After dis- cussion, a motion was made by Beyer, seconded by Anderson, authorizing rheeM my or and the City Clerk to execute the agreement with the lessees for leasing water on Maroon Creek. Carried unanimously. Mr. Jones also referred to a request made for a bus stop at the Wonder Shop on Hyman between Galena and Mills Streets, as tickets to the Highlands area are sold there. Council opposed this location due to congestion, and need for parking space. Bus Mt. Humphrey reported that the Police Chief is opposed to this location~ After dis- stop cussion, Council decided to permit a bus stop on the north side of Hopkins Street Hopkins just west of Mill S~reet, on a trial basis to see if feasible, and Mr. Humphrey was authorized to set this up. Cliff Brelsford again expressed the opinion of the Aspen Lodging AssocSation that the 2% rental tax should apply to all houses rented on a transient basis. Mr. 2% Rental Stewart said he had received calls inquiring if home owners would be affected ad- versely by possible rezoning as business. Mr. Stewart expressed the opinion that the Tax. two Ordinances are entirely separate and that there is Bo ¢~mf~%~t. He said reference is to one family dwellings and this does not change the character of use. He will give Council an opinion on this matter. Mayor Garfish read letters referred to him by Reid Realty, in answer to their letters to home owners requesting reaction to the application of the 21 tax to vacation homes: From Mrs~ Kay Reid to Mayor Garfish Dec. 12, 1961 ~ " J.W. Vandeveer to Mayor Garfish Dec. 15, 1961 " Robert S. Callender to Mrs. Kay Reid - December 15,.1961 <'~ Objection to the application of the 2% Tax to vacation homes was expressed in each instance. Attorney Stewart said the objections expressed were similar to those expressed at the time the original 2% Ordinance was adopted. He also said the implication that the amendment was adopted due to pressure from the lodge owners was erroneous, as this matter had been considered by Council long before the lodge owhers had brought it up. Allen Brown of Bell Mountain Lodge, and Mr. and Mrs. O'Rear of Norway Lodge' supported the amendment. Also discussed - that all renters should be licensed. Mayor Garfish said that he had been informed by Mrs. Reid that this matter had been refDrred to an attorney who expressed the opinion that the tax was not appli- cable to home owners. Discussed - effect, if any, on zoning, and Mr. Stewart said there would be no effect unless thD use of the dwellir~ is expande~ beyond that ~ro~ided by Ordinance. Mr. Brelsf6rd asked if a similar amendment had been included in the codification for the motel licensing Ordinance, and he requested that this be done. Mr. Stewart will handle. Ordinance No. 15, Series of 1961, Amending Section 1 of Ordinance No. 4, Series Ord. No. 15 of~ 1957, Pertaining to Definitions in Section 1 Thereof; and Declaring an[iEmergency to Series of Exist, was read for the second ~time by Mr. Stewart, and a motion was made by Beyer, 1961 seconded by Braun,. to approve Ordinance No. 15, Series of 1961, and to order it pub- lished. Carried unanimously. Ordinance No. 14, Series of 1961, An Ordinance Adopting the "O~FICIAL CODE OF ASPEN" Incorporating Therein the uniform Building ~ode, 1961 Edition; the National Electrical Code, 1959 Edition; The Technical Plumbing C6de, Chapters 37, 52 and 57 of the Building Code o{ the City and County of Denver~ Colorado; Gas Installation Rules and Regulations for the City of Aspen, .Colorado; The Uniform Housing Code, 1958 Edition: The Model Ord. No. 14 Traffic Code for Colorado Municipalities, 1 952 Edition, and all Other General Ordinances 1961 of the City of Aspen, Providing for the Repeal of All Ordinances of a General and Permanent Nature not included, Save and Except Such Ordinances Particularly Specified as Excepted from Such Repeal; Providing for Penalties for Violations of the Provisions of said Code; Providing for a Public 'Hearing on the Adoption of said COde and Providing for .~.~ the Effective Date of Said Code~ was read in full for the second time by Attorney Stewart. The following motion was made by Anderson,- after first reading of Ordi- nance No. 14, Series of 1961, the legal notices required relating to the public hearing thereof were published in the Aspen Times, as required by law and the affidavit of publications is on file with the City Clerk; the hearing was held on Decembe~ 11, 1961; therefore I move that Ordinance No. 14, Series of 1961, be passed and approved and adopted, and again published. The motion was seconded by Beyer, and carried with all Councilmen present, and afl voting "Aye'~. There were no "Nays". Jim Markalunas referred to delinquent rents for sewer, and MaYor Garfish read a letter which had been sent to Beck and Bishop, and their reply. The matter was turned Beck and over to Attorney Stewart for a reply to them, as their lease with the City provides Bishop- that they pay for all utilities. Sewer rent. Jim said Tom Crosby had indicated that he would like an extension of time in ~hich to pull down the condemned buildings and to salvage some of the material. It was Crosby- Drought out that the time allowed him had expired, and it was decided to wait until buildings, after the holidays to see what action he will have taken. Beck-parking. Jim will follow up on the matter of parking of heavy equipment by Beck at his residence. Christmas Christmas bonus was discussed, and a motion was made by Beyer, seconded by Bonus James, to pay a bonus of $25.00 to all City employees with service of over one year, and $10.00 to those with service of less than one year. Carried unanimously. Annual C~uncil agreed to have Mr. Handy do the annual audit for 1961, and he is to be so Audit informed. Jim Markalunas referred to gas fitters licenses issued late in 1961, and no Gas fitters change is to be made in the current procedure of issuing them only for the remainder of licenses, the year. Bids- It was decided to invite bids for bulk gasoline for 1962. Gasoline i i It was-also.decided to recess the present meeting until Friday, December 29,1961, ' ReceSsed at 7:30 PM, to authorize payment of all obligations of the present Council. ' Meeting ~,~'--/ . . As Januar~y 1, 1962 is a holiday~ the City Council meetin~ will be held on~Jan- ~eetlng usry 8, ~962~ and notice is to be published. Jan. 8, 1962 DiscuSsed- installation of recl~sers, and Mr. Sprague of Merrick and Company is Reclosers-etc.i here to work with Tom Maddalone. Waterline agreements -~Mr. Stewart and Mr. Humphrey are to have these ready for Waterline the recessed meeting on December 29th. Policy on waterlines outside City is to be dis- agreements, cussed. Grant-Colo. Colorado State Planning Commission grant - Mr. Stewart has received forms for State exgcution - he will go over them with Mr. Humphrey and bring them to the meeting of December 29th. Mr, Sfgmeier has not yet come in about the safety valves on the pumps. East Aspen Patent - bill from Mr. Mellman amounting to $1,066.49 discussed- and East Aspen a motion was made by Beyer,,seconded by Braun, to suspend Rule 19 and to pay the amount Patent- out of the East Aspen Patent Account. Carried unan~mously. ' Mellma~ Quiet titles - Trial dates are to be set. Agreement with Aspen Skii~ Corporation - Mr. Stewart still in correspondence Aspen Skiing with Mr. Hodges. Corp. agreement Mr. Stewart and Mr. Humphrey are working on the watermainmazntenauce' dist~t agreements. Agreement wi~h Fire District. Mr. Stewart has asked Hod Nicholson and Warren Fire District Conner to come to his office to draft agreementrelative' to Fire Station. Agreement Moving costs for Mr. Humphrey, who said cost would be approximately $200.00 discus- Moving Costs sed, and a motion was made by Beyer,~ seconded by Braun, that.Mr. Humphrey is to be re- imburse~ on a monthly basis over a period of two years for hzs cost ~n movin .to Aspen, (appr°xlmately $200.00). In the event his services are discontinued by the Humphrey balance is to be paid to Mr. Humphrey. Carried unanimously. It was brought lty anyemalnlng out that should Mr. Humphrey discontinue his employment wi th t~ Ci~, payments on the moving cost would cease. Meeting with Les Finley still to be set. Rate a~justment on electric - awaiting recommendation from consulting engineer. Rate Irrigation rate adjustment - postpone until the Spring. adjumtment Mr. Humphrey ~ported thaUhe is working on the monthly reports. He also referred to the meeting with Jack Walls, Planning oramlsslon, on ~treet improvement pro,ram in commercial area. Discussion followed on methods of financing improvement program, also the determining of cost so that public may %e informed,- and it was suggested St. Improvement th~ a sample be made to determine the feasibility of soil cement; also that the program State Highway Department be conta~ed about improving Route 82 through the City. Discussed - damage to power plant due to ice accumulation. Bill Dunaway said the Aspen Ski Club had asked for assistance to meet the cost Donation- of a coach for the Junior Skiers, and after discussion a motion was made by Braun, 'Aspen Ski seconded by James, to contribute $100.00, plus $100.00 from the Skating Rink Fund, Club. to the Aspen Ski Club to assist in the training of the Junio~ Skiers. Carried un- animously. Mayor Garrish read a letter from the Colorado General Assembly re Police Officer training. Upon motion by Anderson, seconded by Braun, the meeting was recessed until Friday, December 29, at 7:30 PM. Carried unanimously. (11.30 PM). Aspen, Colorado - Regular Recessed Meeting~ Aspen City Council~ December 29,1961 The recessed regular meeting of the Aspen City Council was opened by Mayor Gar- fish at 7:30PM with Councilmen Anderson, James, Braun and Beyer, City Administrator Humphrey, City Treasurer, Mrs. Taylor, a%d~City Attorney Stewart present. Whipple Jones referred to agreement with the City for leasing of water on Maroon Leasing water Creek, and this was discussed. He'said he is currently spending approximately $75.00 Whip Jones a month on the flume. He requested deletion from'the agreement of the reference in paragraph one to turn-o~s for Arleen and Marolt as not applicable to this agreement, and then signed the agreement. Mayor Garrish reported that work had been done on the Castle Creek and water ia Castle Creek now flowing normally. Mr. Humphrey referred to Mike Marolt's drawing of water from a main in which there is a very bad leak, causing considerable loss of water. Discussion covered whether Waterline service is required as a~consideration for a right of way. Attorney Stewart expressed Mike Marolt the opinion that it is the obligation of Marolt to repair or replace the line, and . if there is an existing contract, Marolt should present it to Council. Mr. Humphrey is to discuss this matter with Marolt. i Mr. Garfish referred to a report that Hans Cantrup had turned on valves to by- Cantrup pass meter at the Continental Inn, and it was suggested that he be charged on a flat By-pass rate for water. Discussed - whether by-pass should be removed- but it was felt this Meter. might be needed. Mr. Stewart reviewed the agreements with Whip 3ones and Mrs. Paepcke, on leasing ~Agreements of water, and these~are to be referred to Judge Shaw by. Mr. Humphrey. 3ones- Paepcke Agreements on waterlines outside of the City were then discussed. Mr. Stewart said he and Mr. Humphrey had worked on these and felt that any policy should work toward annexation. In referring to the Aspen Grove Watermain, Mr. Stewart said the Waterline City cannot assume any of the cost, and can require the needed diameter in the main. agreements In the agreement on the Calderwood Tract, provision is made for possible annexation. Mr. Stewart referred to old mains outside of the limits of the City, and said that as long as it is economically feasible, the ~ity should serve through these mains, but when-it is no longer feasible, the City should require that the line be Watermaln abandoned. He recommended that policy on serving outside of the City should take ~ outside into Consideration public relations and number of customers, and he also said that ~' City the City would have an obligation to serve as lon~ as economically feasible. Mr. Humphrey had suggested placing metRrs on mains at the City limits, and then charging customers on lines outside of the oity for the amount of water metered. He is working on this. The agreement with Stan Bealmear was~discussed - watermain inside City limits. Mr. Stewart referred to the serving of water to Red Mountain residents. He Water said Mr. Humphrey had contacted Edgar Stanton, who came in and talked with Mr. Service to Stewart. Stanton said they had paid for the watertank and are willing to give tank Red Mtn. to the City, and that they feel some reimbursement should ke made if the Red Mountain water system is used to serve adjacent areas.. Discussed - whether any contract should include provision for reimbursementf also the possibility of the State pro- hibiting the serving of raw water. !t was decided that any contract should ~rovide that any reimbursement should be considered as a cost toward source, and not dis- tribution; that they be given a right or license to use water but without any guaran- tee; that line is theirs and their responsibility, and that the City shduld ha~e some control over maintenance of the City's watermain. Mr. Stewart referred to an old agreement between Bob Hurst and the Mountain Utilities and he feels this should be wiped out. Mr. Stewart will draft contract agreement and tender it th Mr. Stanton to be referred to other users on Red Mountain. The pump Hurst-Mtn. at the base of the mountain is provided by the City but they are to pay for the in- Utilities stallation and for the electric power, which is to be provided by Holy Cross at the same rate they charge the Aspen Sanitation District. A bill presented by Fritz Benedict, and the new map for zoning prepared by him, Zoning map- were reviewed - legend is required on map, and it was suggested tha~, as outlying areas Benedict are covered, the County should participate in cost. Mr. Humphrey will handle. Clerk to look up authorization for preparation of map. The contract with the State Planning Commission for grant for street improve- Contract- ment planning program was discussed, and Council authorized the Mayor and City Clerk State Plan. to sign the contract -(14 copies) in accordance with the Resolution adopted by motion Comm. made at the special meeting of 3uly 27, 1961, and confirmed at the regular meeting of August 7, 1961. ~ Mayor Garfish referred to notice from the Public Utilities Commission regarding ~. PUC - bus request from Harold Lesh for increase in bus fares, and Mrs. Taylor said case had fares, been postponed due to one objection having been filed. Prc~st - Occu- Mr. Garfish then read letters from Mead Metcalf of the Crystal Palace, and Louis pational Tax Pastore of Louie's Liquor Store, protesting payment of the Liquor Occupational Tax to the City. Councilman Beyer referred to the Highlands bus, and said many Aspen Ski School pupil~ound for the Buttermilk area had been taken to Highlands Ski area. Mayor Garfish said Mr. Pitts had spoken to him about this matter and will bring it up at Buses -conflict a later meeting. The posting of bus stop signs was discussed, and Mr. Stewart said Buttermilk & it is a policy matter for Council decision. At present both buse~ - Buttermilk and Highlands Highlands - use the same stops at Little Nell Ski Slope and the Ski School meeting place. Mr. Stewart said the City shoult not be arbiter between the two operators~. and he feels that City could delegate certain areas to each bus. Transfer of The transfer of funds in the Special Water Fund to the Water Operating Fund, Funds- and transfer of funds to the Contingency Fund of the Geim~al Fund wezethen dis- cussed,end the following ResolUtions were read into the minutes. General "~ RESOLUTION Fund Resolutio~ WHEREAS, The City Council has reviewed the Budget for 1961 in con- sideration of actual expenditures made against'said accounts WHEREAS, The City Council finds from a review of the Budget that there are excess funds in certai~ accounts as of December 29, 1961, that will not be expended during the year 1961 for said designated purposes, and that there exists a deficiency of funds in certain~ac- counts, WHEREAS, The total expenditures of the City for the Budget year 1961 wilt not exceed the total Budget accepted and approved by the Council for said year and the Council desires to transfer said excess f~nds to the Contingency Fund to pay the expenses of the City incurred in the over- expended accounts, NOW, THEREFORE, be it RESOLVED 1. That the City Clerk should be and is hereby authorized to transfer all amounts in the various accounts of the City not necessary to pay the remaining bills for 1961 to the Contingency Fund, and the City Clerk-is further authorized to pay from said COntingency Fund all accounts of the City for 1961 as are due and payable'from the over-ex- pended accounts from the Contingency Fund. RESOLUTION Aspen, Colorado Regular Recessed Meeting, Aspen City Council December 29, 1961 Cont'd. RESOLUTION Special Water Fund Resnlution WHEREAS, there is in the Special Water Fund a sum of $%022.66 remaining unexpended for the year 1961 and the City Council desires this amount to be transferred to the Water Operating Fund since there is no further need for further expenditures from said Special Water Fund, NOW, be it RESOLVED, 1.That the City Clerk should be and is hereby authorized and directed to transfer the sum of $%022.66 from the Special Water Fund to the Water Operating Fund for expenditures according to the approved Ord- inance of the City of Aspen for the year 1961 and if not so needed, to be used by the approved Ordinance for the year 1962. A motion was made by Anderson, seconded by Beyer, to approve and adopt the two foregoing Resolutions covering transfer of funds, and to authorize their execution by the Mayor and the City Clerk. Carried unanimously with all Councilmen present. The meeting was then adjourned upon motion by Anderson, seconded by Beyer, at 10.35 P.M. 1962 als