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HomeMy WebLinkAboutminutes.council.19630520 Aspen~ Colorado Regular Meeting~ Aspen Git¥ Council May 20~ 1963 Mayor Garfish opened the meeting at 7:45 PM. Present were Councilmen Beyer, Newell, Moore and Zordel, City Administrator Humphrey, and Attorney Stewart came in later. The minutes of the regular meeting of May 6, and the special meeting of May 13, were read, and approved upon motion by Moore, seconded by Beyer, and carried. A mo~ion was mad~ by Counoilman Beyer~ seconded by Councilman Moore, to confirm Confirm Motion the motion made at~ the special meeting of May 13, 1963, appointing a fiscal advisor fiscal advisor for Improvement District No. 1. Motion carried umanimously. The accounts payable of the City, the Electric and Water Departments, were read, and discussed, and a motion was made by Councilman Beyer, seconded by Councilman Moore,, to suspend Rule 19 and to allow the several amounts. The motion carried unanimously. Mrs. Frost, Mrs. McCabe and Mrs. Bishop were present. Mrs. Frost expressed Complaint opposition to the use of wells, and complained of strongodor in the water, and Mr. on water. Humphrey is tb look into this matter. Wes Thorpe and Curt Baar were again present regarding their application for a three=way liquor license. Mr. Thorpe presented petition signed by 30 persons in favor oJ Tentative granting this license, and this was read by Mayor Garfish. There were no further liquor license. remonstrances. A motion was made by Councilman Zordel, seconded by Councilman Beyer, Centre of Aspen to ~ive tentative approval to the application of Aspen Mountain EntePprises, inc., dba The Centre of Aspen, for a liquor license% subject to inspection after substaniial compliance with the plans now on file the the City Clerk. Councilmen Zordel and Beyer voted "Aye"; Councilman Newell voted "Nay"; and Councilman Moore abstained from voting. The motion carried. Councilman Beyer said he had talked to many of the ~ownspeople, and had emphasized the importance of law &nforcement in connection with liquor establishments, and that he had not found opposition to licenses. Councilman Newell said, while he did not see the need f6r additional licenses, he woul~ not oppose future applications, and that he agreed 100% with Councilman Beyer on strictlaw enforcement. Councilman Zordel referred to the application of Lester A. Luhnow, for a full Liquor lic. liquor license, rejected in December 1962 - and this is to be referred to Attorney app'l. - Luhnow Stewart for opinion on reconsideration by Council. Glory Hole. M~. Thorpe said he wished it made a matter of record that he would never come be- fore the City Council to oppose the issuance of any future liquor licenses. Jim Blanning requested that, if Council hears any complaints about the Mollie Gibson, they contact him direct. Chuck Waddi~gton referred to the curbs and asked why they are not being built Objection- according to standard grades. He referred particularly to those across from the Street Pro- Mountain Chalet, and. said there is a 3-1/2% difference, and he feels it is the poorest gram- Chuck job he has ever seen, He questioned Mr. Humphrey as to his qualifications. Mayor Waddington Garfish told him he was out of order, and after a passage of words, the Mayor ad- journed the meeting. Mr. Waddington left the room, and the meeting was re-opened. Jim Blanning asked what disposition will be made of land in the East Aspen East Aspen Patent area on which no claims have been filed, and was informed that such lands would Patent be auctioned off, after all other matters have been resolved, land Discussion on liquor licenses was resumed, and a motion was made by Zordel, seconde( Amendment- by Beyer, to amend the previous motion regarding the liquor license of Aspen Mountain motion-liquor Enterprises,~Inc. ( Thorpe and Baar) to provide that the application is to be held on license. file in the City Clerk's office, and that the local enforcement officer is to be ad- vised of the application. Motion carried unanimously. Attorney Stewart advised that in other communities, liquor licenses have been ap- proved prior to the completion of the premises. Mr. Stewart read letter from Walter Ci Chilton, Jr., Director of the Liquor Con- Police trol Division, - which states in part" .... we have taken the matter up with the at- Magistrate torney general, and he sees no bar in the statute to police magistrate holding a liquor license". Council agreed'there is no reason why Guido Meyer should not con- I~ tinue as the City's police magistrate. I I~rovement Improvement District No. 1 - Hearing to be held May 27, 1963. Mr. Humphrey will ~. ~istrict furnish Council with progress reports. He gave current report. DiscUssed- cost of Route 82- and Council feels owners of abutting property should share cost. Cost of last years work to be included in total cost. Mayor Garfish read - Letter from Aspen Music Associates acknowledging contribution.. Letter from Herbert Bayer regarding ordinance covering historical buildings. Copies to be made for Council. Attorney Stewart asked will of Council before drawing up ordinance. Letter from Norms Anderson resigning from Water and Electric Depts. Letter from Herbert Bayer resigning from the Planning and Zoning Commission. 3chh Doremus was present regarding the water system of Benedict Land and Cattle Co. Bill Dungway referred to individual contracts with land owners, and said he did not feel the °ity would be gaining anything by taking over the system. Doremus re- quested feeling of interest from Council; otherwise, he said, offer would be withdrawn. Council indicated interest but want time for further consideration. A special meeting will be arranged. The following matters are still pending: Flammable liquids delivery - ordinance. Thrift Shop agreement. Historical Society - space - plan not received. Meadows water- Agreement on Meadows waterline - Mr. Humphrey to follow up for plan from Mr. line Buchanan. Holy Cross Holy Cross Association agreement on transmission line - Council instructed Association Mr. Humphrey to go to Denver to consult Public Utilities Commission, and Bureau of agreement Reclamation. Attorney Stewart read letter to go to Holy Cross Associa~idn, and Council approved sending it. Discussed letter from Holy Cross to Bill Dunaway. Alley- Mr. Luhnow referred to alley in Block lOT,between Original and Spring Streets - Block 107 dead-end- with power easement, and asked if Council would either grade or vacate it. Council was opposed to vacation, but did agree to have it graded. Liquor The application for a liquor license Luhnow for the Glory Hole Motel- tabled lie. tabled, for Attorney Stewart's opinion. Mr. Kane and Adolph Barailler were present in the interest of property in the East AsPen Patent. Mr. Buchanan has been served with Notice on April 8, 1963, and no action has been taken on Notice. An Affidavit submitted by Adolph Barailler was read bY the Mayor. Mr. Kane brought to the meeting a Quit Claim Deed recorded as Document No. 114339 in Book 199 Page 566 of the records of Pitkin ~ounty, -dated OctOber 23, 1962, wherein John L. Herron conveyed all title and interest in subject Deed - land to Adolph Barailler; and a Quit Claim Deed recorded as Document No. 114337, Adolph Book 199, Page 563, dated November 5, 1962, in which Emery Baraille~ all title and Barailler interest in subject land to Adolph Barailler. Notice of Service, original Affidavit and original of plat filed with City C~erk, also Indemnity Agreement completed by Adolph Barailler on behalf of the City. Attorney Stewart expressed the opinion that the law should be liberally con- attuned; that applicant has used best information available to him, and that survey has been based on features on the land. A motion was made by Councilman Newell, seconded by Councilman Beyer, that, Motion after revlewln., all documents and considering the facts, Council authorizes the Mayor to execute a deed to Adolph Barailler. Motion carried unanimously. Rezoning in Rezoning in West End - to be considered at Planning meeting of May 28th- 10 foot West End. set back, Fire Zone No. 1, and Zoning as B-2. Communications. Communications Glenwood prlngs - Clerk to write them that no indication has ~been received from the County and City cannot handle this alone. Photostat machine - pending. Water Discussed - water reports, and Mayor Garfish instructed Mr. Humphrey to contact Mr. analysis Brown of the State Board of Health, also Dr. Quick of the Federal Public Health Service, for further investigation to insure safe water. Sewer Also discussed - forcing property owners to hook onto the sewer system, for ~ system, health reasons. Mr. Humphrey to arrange meeting with the Sanitation District Board members. ~ -surface water treatment. Room Rental Collection of Room Rental Tax from Continental Inn - Mr. Stewart will arrange for Tax-Continental legal action. Occupational Occupational Tax - Clerk instructed to send final notice to delinquent accounts. Mr. Stewart advised that refund of deposits on water and electric accounts can Refunds be handled by Council policy. Ord. No. 5~ Ordinance No. 5, Series of 1963 - An Ordinance Amending Section 3-3-5 and Section Series of 1963 3-3-6 of the Official Code of Aspen, Establishing a Change in Water Rates zthln the Ord. 5, City of Aspen, and Outside of the City of Aspen, Providing for Shut-off of Water upon 1963 Failure to Pay the Charges Thereof: and Declaring a~ Emergency to Exist - was read by Attorney Stewart for the first time. Mayor Garfish read a letter from W. K. Martin. re increase in water rates to County users. A motion was made by Councilman Beyer, seconded by Councilman Zordel, to approve Motion Ordinance No~. 5, Series of t963, and to order it published. Councilmen Beye. r, Zordel and Newell voted "Aye" and Councilman Moore voted "Nay". The motion carried. Conveyance - land at dump to Futura, Inc. removed from agenda -no action taken land at dump on their part.- Calderwood annexation- remove from agenda. Calderwood annexation Dump~ site discussed - need for County participation- movie on incinerator to be Dump site shown. Discussed- tree trimming - removal,and watering of newly planted trees. Trees Waterline agreements - pending. The following Resolution was read: RESOLUTION WHEREAS, the City Council. of the City of Aspen desires to pay certain RESOLUTION accounts that are now due ~rd.m the Water Operating Fund of the City, and finds that there is not sufficient money available in the Water Operating Ac- Trans. of funds. count currently to effect such payments; WHEREAS, the payment of such accounts shall not cause the City to exceed the over-all budget of the Water Operating Fund; WHEREAS, the City Council finds that it is in the best interest of the City to make such payments, and desires to transfer the sum of $6,000. from the .Electric Operating Fund to the Water Operating Fund, ~to accomplish the pur- poses aforesaid; NOW, THEREFORE be it resolved: 1. lhe ~ity Clerk and the City Treasurer are hereby authorized and directed to t~ansfer the sum of $6,000.00 from the Electric Operating Fund to the Water Operating Fund to provide for the payment from the Water Op- eratin~ Fund of the followin~ accounts due from the City: Merrill Construction Company $3,098.87' Kenneth N. C. B. Moore 2,487.72 Misc. accounts 413.41 2. A copy of this Resolution shall be delivered to the City Cl~rk and City Treasurer as authority to effect said transfer. A motion was made by Councilman Beyer,~ seconded by Councilman Newell, to approve Motion the Resolution. Councilman Beyer, Zorde~ and Newell voted "aye" and Councilman Moore abstained from voting, due to personal interest. The motion carried. East Aspen Patent political status - pending - no further information received. Meeting was adjourned at 1:00 AM upon motion by Zordel, seconded by Newell and carried. Aspen Colorado ,~Special Meeting of City Council called for 7:30PM, May 2~, 1963. As there was not a quorum present the meeting~.adJourned at 8:00 P.M.