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HomeMy WebLinkAboutminutes.council.19630617 The meeting was opened at 7:30PM by Mayor Garfish. Present were Councilmen Bayer, Newell and. Zordel, City Administrator Humphrey, City Treasurer Mrs. Ta~lor, and Cify Attorney Stewart. Councilman Moore was absent. To correct The minutes of the regular me~ting of June 3, 1963, were read, and a motion was ! Minutes of made by Bayer, seconded by Newell, to accept the minutes, as corrected to show that ~ June 3, 1963 C6uncilman Newell abstained from voting on the motion to use the equipment of the Alpine Construction Co., due to personal interest.' The motion carried unanimously. Bids postpom~d Mayor Garfish informed Council that the bids on the electric system improvement have been postpone4 due to present consideration of the transmission of'power. The bills payable of the City, the Electric and Water Depts. were read and dis- cussed, and a motion was made by Councilman Bayer, seconded by Councilman Newell, to suspend Rule 19 and allow the several amounts. Motion carried unanimously. The Treasurer's report was read by Mrs. Taylor, and accepted upon motion by Newell, seconded by Bayer, and carried. Water samples M~. Humphrey gave report on the amount spent on the Improvement District No. 1, to date, He also said latest reports on water samples were all good. MT. Luhnow was present and his application for a liquor license for the Glory Hole Motel, rejected at the meeting of December 17, 1962, was discussed. Mayor Application- Garfish read a letter from Attorney Stewart, dated May 22, 1963, wherein he recommended liq. lic. to Council that no attempt to reconsider be made in this matter, and also stated that Glory Hole Mr. Luhnow has the right to appeal the liquor license application denial to the Motel. courts. Mr. Luhno~ referred to subsequent approval of application for the Centre of Aspen, and said he feels statutes would not require the expense of a court case. Mr. Stewart said there is no authority for reconsideration, and if Council does recon- sider, the Ultimate decision must rest with the Attorney General,and the State Liquor Licensing Authority, and they sRould~be informed of the facts in this case. A motion was then made by Councilman Newell, seconded by Councilman Bayer, to get an opinion from the Attorney General regarding reconsideration of the application for a liquor license for the Glory Ho,~e Motel. Motion carried unanimously, and Mr. Stewart will handle this matter. The application from Richard Fitzgerald for a full liquor 1 icense for the Application- Dipsy Doodle was then.regiewad~No written remonstrances had been filed. Guido Dipsy Meyer was present and referred to liquor licensing policy and the need to have well- i Doodle run establishments and to discourage undesirable elements. John Mathias said, in : his capacity as Justice of the Peace, there had been indications of youngsters drink- ing in the Dipsy Doodle,- not making purchases, but drinking drinks that had been ~--~ purchased by older customers. Motion to A motion was then made by Councilman Bayer, seconded by Councilman Newell, to table table the application of Richard Fitzgerald for a full liquor license for the Dipsy Doodle, pending decision on Mr. Luhnow's application. Councilmen Bayer and ~ewell voted "Aye" and Councilman Zordel voted "Nay,'. The motion carried. Mr. Fitzgerald said he had talked to the Councilman, who had indicated that it was O.K. for him to go ahead with renovations, and he does not feel he should be penalized because of the Luhnow case. Pinocchio's The application of Donald Fleisher for renewal of the 3:2 beer license for 3:2 Beer- re- Pinncchio's was reviewed, and a motion was made by Councilman Bayer, seconded by newat% Councilman Zordel, to approve the renewal of th~ 3:2 beer license for Pinocchio's. The motion carried unanimously. Mr. Luhnow said statements made by applicant~ for liquor licenses were subse- quently not held to. Incln~rator for dump discussed - Ed Lynch of Rocky M6untain Natural Gas Co. I~inerator said representative from Denver Fire Clay Co. had looked over the dump and would send Council their recommendation. The Mayor read a letter from Roy Vroom and a clipping regarding air pollution. Historical Historical buildings - Attorney Stewart will get information from Santa Fa, Bldgs. and feels action should await more information. Historical Use of A~mory Hall by Histprical Society - Mr. Stewart will prepare waiver of Society responsibility by City. Thrift Shop Thrift Shop agreement - discussed - extensive contributions made by the Thrift agreement Shop Board toward civic activities, and a motion was made by Councilman Newell, seconded by Councilman Bayer, that the annual rent is to be $1.00. Motion carried unanimously. Bids- El- Mayor Garfish referred to the electric rebuild program, and said he felt it ectric prudent to notify Merrick and C6mpany to delay the bids, for two weeks, and Council i rebuild, concurred in this. ~-~ Mayor Garfish gave report on meeting with the officials of Public Service Co., after which discussion followed on - Transmission No definite information received from Holy Cross Association as to cost Electric of electricity. power. Franchise agreement required by Holy Cross Associafion. "Open end" contract that Public Service Go. would offer. Public Service Co. would deliver power at Aspen - and have facilities to produce power in case of local failure; they will put power into City's facil- ities at voltage City would require. Mr. Humphrey referred to 'advantage of "open end" agreement. Mr. Stewart stressed need for Council to provide adequate source of power. Mr. John Reed pf Rocky Mountain Natural Gas Co. said his company would like to submit a formal proposal to serve electric power to Aspen, as they are a utility, and transmission has been built into their gas system and would require only generation. Council requested proposal, and Mr. Reed will submit this in two'weeks to 30 days. Council feels Public Service Company should be encouraged to present actual pro- posal; and Mr. Stewart will prepare letters to Colorado Uts and Holy Cross, inviting proposals- without franchise restrictions. A motion was made by Councilman Beyer, seconded by Councilman Newell, that the following Resolution be adopted: RESOLUTION WHEREAS, Holy Cross Electric Association has given the City of Aspen written notice of its intention to terminate the Wheeling Agreement ~with the ~ity of Aspen, dated January 6, 1958,said notice of termination being dated~May 9, 1963, the effective date of termination of said mgree~ ment being November 9, 1963, WHEREAS, the City Council, in order to protect the welfare, safety and health of the inhabitants of the City of Aspen and others served by the Electric distribution system of the City of Aspen, have requested the Public Service Company of Colorado to determine if it could furnish electrical energy to the City of Aspen at a reasonable rate, WHEREAS, Officers of the Public Service Company of Colorado have submitted a proposal to the City of Aspen stating that it appears it would RESOLUTION be feasible for said company to furnish electric energy to the City at a reasonable cost to the City on an open end basis, WHEREAS, the Council, being fully advised in this matter, desire to move toward comsummating an agreement with the Public Service Company of COlorado on the basis of the proposal submitted'to the City and now desire that a formal contract be drafted for consideration by the City Council, NOW, THEREFORE, BE IT RESOLVED: 1. That the Mayor of the lty of Aspen shall be and is hereby authorized to advise the Public Service Company of Colorado that the City Council are of the opinion that it is to the best interests of the City of Aspen and its inhabitants that a contract he negdtfated in substantial accordance with the proposal heretofore submitted to the City Council by the Public Service Company of Colorado; 2. That in the event a contract is negotiated and signed by the City of Aspen and the Public Service Company of Colorado to provide a source of electric energy to the City, that then in th~tevent said agree- ment shall be 'subject to the jurisdiction of the Public Utilities Com- mission of the State of Colorado, and that the City Council for the City of Aspen are of the opinion that it would also be to the best interests of the City to support the application of the Public Service Company of Colorado to construct a power transmission line from Carbondale to Aspen which must be filed with the Public Utilities Commission of the State of ~ Colorado. The motion carried unanimously. Paving- Gary McFadden gave progress report on Improvement District N6. 1,- bids on paving Bonds will be opened July 1, 1963,at 1PM, and bids on bonds at 2 PM the same day. Bid opening in 1961 Discussed - curbs and gutters installed on Galena St. between Main and Hopkins,/ Curbs on and Council agreed that these should not be replaced. Galena Improvement District No. 1 - Mr. Stewart said Mr. Tallmadge recommends deleting IMPROVEMENT from Ordinance No. 6, Series of 1963, Section 3, "it is proposed that the State of DISTRICT Colorado will pay approximately $22,000 and the City of Aspen approximately $41,916.80 NO. toward the total cost of said improvements", in order to avoid ambiguity, and Council agreed to this. Thereupon the Clerk announced that Ordinance No. 6, Series of 1963, creating an improvement district in the City of A~pen, Colorado,. to be known as Improvement Dis- trict No. 1, introduced and read for the first time in full at the regular meeting of the Council held'on'June 3, 1963, had, as ordered by Council, been published in full in the Aspen Times, a newspaper of general circulation in Aspen, in its issue of June 7, 1963, and that the publisher's affidavit of said publication of Said Ord- inance is now on file in the office of the City Clerk. Whereupon, it was moved by Councilman Newell, seconded by Coundilman Beyer, that said Ordinance be now placed on its second reading and finalii~assage and that all rules ~of the Council which might prevent, unless suspended, the final passage and adoption of said Ordinance at this meeting, be and the same are hereby suspended. The question being upon the adoption of said motion and the ~uspension of the rules, the roll was c~lled with the following result:.: Those voting AYE Councilmen Newell, ZordeI and Beyer Those voting NAY None All members of the City Counci.1 present having voted in favor of said motion, the Mayor ~e¢l~a~'ed said motzon carried and the rules suspended. Ord. 6, ~ Thereupon said Ordinance was read in full for the second time. Series 1963 Whereupon Councilman Zordel moved that said Ordinance be passed and adopted as read. Councilman Beyer seconded the motion. The question being upon the passing and adoption of said Ordinance th~ roll was called with the following result: Those voting AYE ' ' Councilmen Beyer, Newell and Zordel Those Voting NAY None The Mayor declared that, at least a majority of all Councilmen elected, having voted in favor thereof, the said motion was carried and the said Ordinance duly passed and adopted. On motion duly adopted, it was ordered that said O~dinance after approval by the Mayor, be finally published in the Aspen Times, the official newspaper of the City, in the issue of 3une 21, 1963, and be recorded according to law. Zoning iD We~t end - Attorney Stewart recommended that all matters pertaining Rezoning to zoning should be considered at the same time - rezoning, set-back changes, etc., and that Planning Commission. should submit.any changes they want considered. New member for Planning Commission table for further consideration. Water safety Water s~fety assurance - Mr. Humphrey to call State Board of Health. MayOr Gar- fish read letter from Aspen Skiing Corp. a~king that U. S. Board of Health be contacted. Chief Roy?aker was present and discussion covered case wherein a lodgeowner had enforcement- filed a complaint which he later withdrew when case came up in Police Magis~trat~s City Code court. Mr. Baker said police force intend to stricly enforce ordinances, and Council supported him in this. Also discussed- suspension or revocation of liquor licenses accordin~ to State Liquor licenses- statute. Attorney Stewart recommended first calling for a hearing, then invoking suspension or provisions of Liquor Code. Jim Blanning asked who is responsible for maintaining rules revocation and order in establishments, and was informed that the operator has the duty of policing his own place. Dump Discussed - man who wants~to maintain the dump for exclusive salvage rights - .Maintenance. co-ordinating with the County Commissioners - removing old pump house to dumpsite for his shelter - agreement to ~be ~ra~n up. G~orge Madsen said complaints had been made to the Aspen Times office that the ~' City City equipment-including power mower-~were being used for private purposes. He equipment- said he had names of those who had made such complaint. DiScussed - that.fill dirt private use. had been removed with City equipment from the streets to private property because there is no othe~lace to dump it. Mayor Garfish instructed Mr. Humphrey to get all info~mation on this matter. Attorqey Stewart read his recommendation that the water rights on Castle Creek Water rights, and Maroon Creek remain an asset of the mlectric Dept. until matters relating to a firm source of power for the City are resolved. He referred to power rights and feels there is a possibility of use in a reservoir. Discussed- that title is in the City of Aspen and not in its departments, and that water rights must be protected, and Council felt there will be future use of water for utilities. Flume A letter from Mr. Delaney regarding obstruction of flume was referred to Attorney Stewart to handle. Benedict-water- Benedict Land and Cattle Co. - waterline agreement - counter proposal by City line agreement being prepared for Council consideration. Rent to be paid by City for use of power plant building - Council agreed upon Rent-power $190~00 per month. plant bldg. Mr. Humphrey referred to trailer house now stationed at power plant building- Trailer for protection of supplies and materials until construction is completed,- and Council agreed that it may remain there under the circumstances. Mr. Humphrey reported on meeting with Board of Sanitation, and need for o~dinances and State laws to be enforced, was discussed. Water use feasibility report not yet received. ImpoUnding Mr. Humphrey requested ordinance for the impounding of cars, and he will work with of cars. M~. Stewart on this. He also referred to reports from The HartfQrd Steam Boiler Inspection and Insur- We~l shafts ance Company regarding vibration in well shafts. This is to be corrected immediately. Waterline agreements - Vagneur and Meadows lines -still pending. Letter from Colorado Civil Defense Agency read and discussed. ~ East Aspen East Aspen Patent political status - Attorney Stewart said this has not yet been Patent. determined - Mr. Herron has informed him that he will waiver surface rights,, and Mr. Stewart will make further reports to Council. Flammable liquid ordinance - No 2 1963 - hold for next meeting° " Jim Blanning referred to complaint filed against the Mollie Gibson-noise and ..disturbance- and comp~ined about Chief Baker's ~ttltude. Discussed- that Council 246 Aspen Colorado Regular Meeting, Aspen City Council - June 17, 1963 continued is not to get into internal policing of estgblishments within the scope of the Liquor Code- that operator is expected to operate within law and as a credit to the City. The meeting was adjourned at 12:25 AMs upon motion by Zordel, secoBded by Newell, and carried. Humphrey met informally with Mr. Prince at 5:00 PM.