HomeMy WebLinkAboutminutes.council.19630805 '~' The meeting was called to order at 7:30 PM by Mayor Garfish. Present were Council-
men Beyer and Newell, City Administrator Humphrey, Deputy City Attorney Wendt, and
i newly appointed Councilman Ralph Melville.
Oath of Mayor Garfish then administered the oath of office to Ralph Melville, as Council-
~ office, man.
The minutes of the regular meeting of July 15, 1963, were read and approved upon
motion by Beyer, seconded ~y Newell and carried.
Tb~ accounfs payable of the City were read and discussed, and a motion was made
by Councilman B~yer, seconded by Councilman Newell, to suspend Rule 19 and to allow
the several amounts. Motion carried unanimously.
The Treasurer's report was read by the Cify Clerk and a motion was made by Council-
manman Beyer, seconded by Councilman Newe~l, to accept the report as read and corrected.
Motion carried unanimously.
Bids- Police Car for the Police Department - discussed, and a motion was made by Cdundilman
Car. Newell, seconded by Councilman Beyer, to call for bids on the same type of car as is
now in use.' Motion carried unanimously.
Planner-meeting. Mayor Garfish referred to an anticipated meeCing with the planner, Paul Wiener,
and suggested that all Councilmen and any interested persons be present, as a pre-
liminary report will be presented.
Policemen's Policemen's Pension Fund - current statement read by City Clerk.
Pension Fund/
Resignation - Councilman Moore, due to his moving frdm Ward 2, was read by Mayor
Resignation Garfish. A motion was made by Councilman Beyer, ~econded by Councilman Melville, to
Councilman Moore accept the resignation of Kenneth N.C.B. Moore, as of July 25, 1963. Motion-carried
unanimously.
Application A letter from Mrs. Vivian Goodnough, requesting that she be appointed as Council-
Mrs. Goodnough man to replace Mr. Moore, was read by Mayor Garfish, who stated that Alfred Braun had
Alfred Braun. made verbal application. Mrs. Goodnough said she would like to serve, and have a role
in'the future development of the City of Aspen.
Motion - Braun. After discussion, a motion was made by Councilman Beyer, seconded by Councilman
Newell, that due to his previous experience on the Council, Alfred Braun be appointed
to complete the uneXpired term of Kenneth Moore. Motion carried unanimously.
~ Mayor Garrish thanked Mrs. Goodnough for her interest and desire to serve.
~ Liquor License - Glory Hole Motel ~ no recommendation received from office of the
Liquor license Attorney General. Attorney Wendt said Council could reconsider application, and if
they approved it, the application should be 'sent the the State Liquor Licensing Author-
Glory Hole- ity for action. The application was filed in the Uity Clerk's office on November 26,
Motion. ~1962, and denied by Council at the meeting of December 17, 1962. After discussion, a
motion was made by Councilman Beyer, ~seconded by Councilman Melville, that the appli-
cation of Lester A. Luhnow, dba the Glory Hole Motel, whiCh has been on file, has been
reconsidered, and approved for a full liquor license. The motion carried unanimously.
Application- Liquor License - Dick Fitzgerald asked that his application again be tabled until
Dipsy Doodle. the meeting of August 19, 1963.
Policy Mr. Wendt suggested that Council consider a policy on liquor licensing and get
citizenry recommendations.
Historical Preservation of Historical Buildings - Historical Society will ~o preliminary work-
Buildings. and Attorney Wendt suggested this matte~ be handled by resolution rather than by ordi-
nance.
Ordinance No. 8, Series of 1963 - An Ordinance to Am.end ~itle K of the Official
Code of Aspen to Provide Authority to Remove. Impound an~ Sell.Vehicles and Repealing
Ord. 8 so much of "The Model Traffzc Ordznance for Colorado Munzcipalmties'' as is in Conflict
1963 Herewith, was read in full for the first time by Attorney Wendt, and a motion was made
by Councilman Beyer, seconded by Councilman Newell-, to approve the Ordinance and to order
it published. Motion carried unanimdusly.
Benedict-water- Benedict Land and Cattle Company - proposed agreemeht on waterline - John Doremus
line agreement was present. Mr. Wendt referred to draft prepared for Council consideration. Discussed-
previous consideration of this matter. This draft is to be considered at an adjourned
meeting on August 12, 1963, at 7:30 PM.
Attorney Stewart arrived - to take over from Attorney Wendt.
~lectric system. Mr. Sears Merrick of Merrick and Company was introduced, and the electbic rehabili-
tation program was discussed.
Mayor Garfish said he had canvassed people familiar with line work, who are opposed
to the proposed high voltage. Discussion covered:
~.~' High voltage - is being worked in County.
Danger - need for good line practice.
~ Radio noise - not caused by voltage, but by sparking wh~re better maintenance
is needed.
Mr. Merrick said his firm had investigated the City electric system at. length with
load projections and had found out that the higher voltage would be most economical
for the City; he said they would guarantee that the City would be out of capacity in
five years with 4160. He also said he takes issue with engineers who give recommenda-
tions without study of the system.
Mayor Garfish referred to responsibility of Council to get all available informa-
tion.
Mr. Merrick said they had obtained a te~ year guarantee on triangular system and
the installation. He also referred to excessive line losses which would be reduced in
the new system.
Mr. Merrick outlined triangular installation - and gave Council a breakdown of
possible savings and estimated Costs with Public Service Co. as source of power, and
with Colorado Ute station as source.
Public Service Co. as source - cash requirements $191,593.76
Colorado Ute station as source " " 205,273.76
Councilman Beyer asked Mr. Merridk to research ~he reason for~the removal by the
Long Island Electric Light and Power Co. of an installation of the type recommended
by Merrick and Company for the City's system. This will be done.
Mr. Merrick assured Council that the electric system can be built for under
$206,000.00.
A motion was made by Councilman Beyer, seconded by Councilman Melville, to author- Motion
ize the Mayor and the City Clerk to execute th~ contract with the Bonneville Construc-
tion Co. Motion carried unanimously.
A motion was made by Counci%man Beyer, seconded by Councilman Newell, to give Motion-
formal notice to the Public Service Co. that the volfage will be 14.4/24.9 KY. Motion Voltage
carried unanimously.
Improvement District No. 1 - Gary McFadden gave Council report on costs,-and ad- Motion
justed bid from Corm Construction Co. to provide for thicker slurry seal surface was Corn Construc~
discussed. A motion was mad~ by Councilman Beyer, seconded by Councilman Newe%l, to tion Co.
authorize the Mayor and the City Clerk to execute the adjusted bid award to Cor~ Con-
struction Co.~ and the Notice to Proceed. Motion carried unanimously.
Fritz Benedict showed Council plans for Skating rink in th~ West end. He said
extension into the alley would not be needed, but did ask for permission for an ~ver- S~ating Rink
hang. Discussed- and the Mayor suggested referring this ~atter to the Planning Com-
mission, to provide a wide stmeet to ta~e care of additiormlparklng.
A motion was made by Councilman Beyer, seconded by Councilman Newell, to permit ~Overhang
an overhang 195 feet long - six feet wide - on the proposed ska~i~g~rink building on Bi
West Hyma~ Street, Block 54, into the public-right-of-way; s~bject to the right of the
City Council to order the removal thereof in the event said structure shall subsequent- Motion
ly be found to interfere with the health, safety and welfare of the inhabitants of
the City of Aspen. Motion carried unanimously.
A motion was made by Councilman Beyer, seconded by Councilman Newell to confirm Motion-
Mayor Garrish's appointment of Councilman Melville to the Wagner Park Recreational Board Wagner Park
Councilmen Beyer and Newell, voted "aye" and Councilman Melville refrained from voting. Board.
The motion carried.
Mayor Garfish read letter from the Colorado Health Department-'they are sending Health Dept.
~an up to help City employee to cWeck "cross-connection'%
Ordinance No. 2, Series of 1963 - An Ordinance Rm~a~k~gRegulating the transoortatio~
Delivery and Storage of Flammgble Liquids, L. P. Gas, E~plosiVes, Compressed Gas~and drd. 2,
Other Dangerous Articles within the lty of Aspen ( as redrafted) waa read for the 1963.
first time in full by Attorney Stewart, and a motion was made by Councilman Beyer,
seconded by Councilman Newell, to approve the Ordinance No. 2~, Series of 1963, and to
order it published. Councilmen Beyer and Newell voted "Aye" and Councilman Melville
abstained - for further study of the Ordinance. Motion carried.
Quit Claim Deeds - a motion was made by Councilman Newell, seconded by Councilman
Beyer, to authorize the Mayor to execute the following Quit Claim Deeds Deeds-
in and Block
To Anne Farish - Lots G, H, and I in Block 41/to the City and To~l~site of
Aspen.
To Willam P. and Shirley C. Maddy - Lots N and O and West 1/2 of Lo% P in Block 15
and to the City and Townsite of Aspen. Block 15.
The motion carried unanimously.
Board of Adjustment - Council to consider member to replace Ralph~Melville.
Agreement for Dump maintenance - to be considered at adjourned meeting Aug. 12,1963.
Agreement with Mountain States Telephone Co. - joint use of power poles - discussed: Joint use
1. Article 15 re franchise for TV cables, power poles
2. Informing Insurance Co.
A ~otion was made by Councilman Newell, seconded by C~uncilman Beyer, to authorize
the Mayor and City Clerk to execute the agreement with the Mountain States Telephone Motion
~ad Telegraph Company on the joint use of power poles. Motion carried unanimously.
Discussed - transfer of funds f~om the Electric Operating Fund to the General and Trans. of
Water Operating Funds. Funds
A motion was made by Councilman Beyer, seconded by Councilman Melville, ~o author- Motion
ize Attorney Stewart to call C. F. Childs to arrange for the sa~of $20,000 of U. S.
Governments. Motion carried unanimously.
The following Resolution regarding the transfer of funds was read by Attorney
Stewart:
RESOLUTION
Resolution
Funds WHEREAS, the City ~ouncll for the o~_ty of Aspen after investigation
and study of the accounts of the Electrical Operating Fund, advises that there~
is a surplus in said fund of approximately $20,000.00 that is not needed in
said Electrical Fund for operation, maintenance or repair or to meet debt
service;
WHEREAS, the City Council finds that it is for the best interest of
the City to transfer $15,000.00 from the Electrical Operating Fund to the Gen-
eral Fund to be credited to revenues for new construction of streets and
alleys, and that said City Council further finds that ~$,000.00 should be
E '
transferred from the lectrzcal Operating Fund to the Water Operating Fund
for thr purpose of meeting obligations of the City for the Maintenance, re-
pair and improvemeBts of the water system owned~and operated by the City;
WHEREAS the transfer of these funds to the foregoing accounts will
not cause the City to exceed its total budget rom 1963, and that the ~rans-
fer of said funds is necessary to.protect the health, safety and welfare of
the inhabitants of the City of Aspen;
NOW, THEREFORE, BE IT RESOLVED;
1. That there is to be transferred from the Electrical Operating Fund
the sum of $15,000.00 to the ~eneral Fund to be credited to revenues for new
construction of streets and alleys;
2. That there shall be transferred from the lectmical Operating Fund
the sum of $5,000.00 to the Water Operating Fund for the purpose of meeting
obligations Of the City for the maintenance, repair and improvements of the
water system owned and operated by the City;
3. That the City Clerk and the City Treasurer shall be and are hereby
directed and authorized to effect the transfer of th~ foregoing amounts as
herein provided.
A motion was made by Councilman Newell, seconded by Councilman Beyer, to adopt
Motion- the foregoing Resolution. Motion carried unanimously.
Resolution
East Aspen Patent political status - opinion not yet received from Attorney
General's office.
Ins.-check Council agreed to the renewal of check alteration insurance.
~ alteration.
Council instructed that tap fees made by the following are to be refunded:
Aspen Grove - Mary Myers.
Refund-tap J.W. Larson
fees Cliff Brelsford
Kenneth Kallstrom
Lash Laursoo
Riverside Sub-Division - Jesse Joy.
Cleaning Discussed- cost of cleaning police force uniforms = Council agreed that this
Uniforms. should be paid by the individual members of the Police ~orce.
The meeting was adjourned at 1:35 AM until 7:30 PM, Monday, August 12,1963, upon
motion by Newell, seconded by Beyer and carried.
~spen~ Colorado Adjourned Meeting~ Aspen City Council August 12~ 1963
Mayor G~rrish~ re-opened the meeting at 7:30 PM,with Councilmen Beyer, Newell,
and Melville, City Administrator Humphrey and/City Attorney WenRt present.
Deputy
Oath of office. Mayor Garfish administered the oath of office to the newly appointed Councilman,
Alfred Braun.
Agreement Proposed agreement on dump maintenance was discussed - it is to be checked against
-dump agree~ with Victor Goodheart for the removal of garbage and trash, - and provision
~ made/~ac~son must not in anywise compete with Goodheart in exercise of the latter's
franchise. Redraft of agreement to be considered at next regular meeting.
.Agreement Fritz Benedict and John Doremus were present in the interest of the proposed
~ Benedict agreement on the Riverside annex waterline. ~
Riverside
waterline The newly drawn agreement wa~iscussed at lengthz Attorney Wendt said that
while funds from the bond issue may not be spent outside the City limits, funds
from other sources may be spent in a proprietory capacity.
New draft of agreement to include:
Extensions or additions to be made at discretion of City.
No tap may be made to serve a line in excess of 3/~", without prior
consent of City.
Sale price of water - to Benedict 30 cents per 1000 gallons with
a minimum montkly rate of $100.00 per month.
'A new draft of the agreement is to be presented to Council at next regular
meeting. --
Study to be made - bulk water users and regulations for bulk water users. :
A motion was made by Councilman Beyer, seconded by Councilman Melville, that Motion '~'
Benedict pay $700.00 tap fee for a meter to be installed in Riverside at the City Tap fee -Benedic
limits. Motion carried unanimously.
Discussed- Calderwood development - a motion Was made by Councilman Newe~l, d
seconded by Councilman Beyer, that tap fees in Calderwood Sub-Division are to Tap Fee-Calderwo¢
be charged to individual users according to Ordinance, and that Benedict is not Motion
required to pay a $700.00 tap fee. Motion carried unanimously.
Agreement with A. J. Jackson on dump maintenance - draft read, and Attor~aey Dump agreement
%Tendt suggested provision to indemnify and hold City harmless, and need for liability
insurance - also provision to protect Goodheart.
Jesse Maddalone referred to two fire plugs at his trailer park, and asked if Fire plugs
they could be moved with City qulpment and Council agreed.
Also discussed - tap charge for this trailer park- and Council agreed-that as Tap charge
they are running a business, the tap charge of $700.00 must be-paid according to trailer Court
Ordinance.
Mr. Humphrey referred to trees in line of the electric rebuild- to move line
would bring it into street - discussed- that the~e will be a program of tree Tree removal
replacement that removal of most trees is imminent due to their age -and Council
agreed that such trees must be remoVed.
Discussed - Hearing on transmission line and postporm~ent until August 19, 1963.
The meeting was adjourned at 11:20 PM.
city Clerk f?
Aspen Colorado Regular Meeting ~ppen City Council August 19~ 1963
The Mayor opened the meeting at 7:30 PM with Councilmen Beyer, Braun, Melville,
and Newell, City Administrator Humphrey and City Treasurer Mrs. Taylor present.
The meeting was adjourned until 7:30 PM, Wednesday, August 21, 1963, and the Planner-
Mayor and Council members then went to the Aspen Institute Seminar Building to P-26
attend a meeting with M~. Paul Weiner, the planner for Project P-26.
~spen~ Colorado Regular adjourned Meeting -Aspen City Council August 21~ 1963
The adjourned meeting was opened by Mayor Garfish at 7:30 PM, with Councilmen
Beyer, Braun and Melville, CityAdmlnzstrator' ' Humphrey, City Attorney Stewart, City
Treasurer, Mrs. Taylor, present. Councilman Newell came in later.
' 1963,
The minutes of the regular meeting of August 5/ were read and approved, upon
motion by Councilman Beyer, secohded by Councilman Melville, and carried.
The bills payable of the City, the Electric and the Water Departments were
read and discussed, and a motion was made by Councilman Beyer, seconded by Councilman
Braun, to suspend Rule 19 and to allow the several amounts. Motion carried unanimously.
].~ayor Garfish read a letter from Frank Gerzina regarding policy on granting of Liquor lie.
liquor licenses, and revocation of 3:2 beer licenses, policy
R. P.~Fitzgerald, dba The Dipsy Doodle - application for full liquor ~icense
taken from table and reconsidered. No remonstrances other than the general remon- Liquor lie.
stance of Mr. Gerzina had been received. Dipsy Doodle.~.~~
A motion was made by Councilman Melville, seconded by Councilman Beyer, to ap-
prove the application of R. P. Fitzgerald, dba The Dipsy Doodle, for a full liquor
license, as the needs of thD community area have not been met. Motion carried unan-
imously.
Don Fleishe~ - dba Galena Street East - application for 3:2 beer license - Fleisher
reviewed. Mr. Fleish~r showed plans for nigh~lub at Galena and Hyman Streets, and Galena St. East
said Sid Wheeler would be manager. No.remonstrances with eReeption of general re- 3:2 beer
monstrance in Mr. Gerzina's letter.
'~ A motion was made by Councilman Braun, seconded by Councilman Melville, for
3:2 Beer- tentative approval of the application of Donald Fleisher, dba Galena Street East, mitten)
Galena St. for a 3:2 beer license, subject to suba~an~ial compliance with Plans for renovation sub-
East and on file in the office of the City/~msubject to Council inspection. Motion
carried unanimously.
The plan for the second entrance for Galena St. East was studied by Council - it
is on City property,-and a variance will be required. This is to be checked with
the Building Inspector, and Council wants to see engineer's drawings.
~Glory Hole Glory Hole Motel - Liquor license has been approved by the State Liquor Lic-
Motel - Liquor ensing Authority.
Lic.
Discussed - policy on granting liquor licenses - Attorney Stewart said that
while he recommends a policy, each license must be reveiwed and considered on its
Liq. Lic. merits, and absolute policy cannot be adopted, as each licensee must have a hearing.
Policy Council felt that strict adherence to the Liquor Code should be required, and that
each application should receive careful consideration before renewal.
Bob Kopp was present with a plat regarding land in East Aspen. He said appli-
Bob Kopp- cation had been made under East Aspen Patent, and that land had recently been sur-
Deed-East Aspen veye~. This relates back to 1952 filing for small tract application, based on~
evidence at that time - Block 1, East Aspen Addition. Attorney Stewart said he feels
issuance of deed on present ~survey is reasonable solution, as Kopp is not claiming
more land that he is entitled to and no conflict i's involved, and he feels there is
no legal objection to Council authorizing the Mayor and Clerk to issue deed. He will
bring deed to next meeting.
A letter from Mrs. 3ames, Chaii~man of the Aspen Historical Society, requesting
Opera House- Council to consider designating the Opera House as an historic site in the City of
Historic bldg.- Aspen, was read by Mayor ~arrish, and discussed. Attorney Stewart said that although
opinion. Council is of the opinion that historic buildings should be preserved, it is impossible
to bind future Councils with respect to matters of this type.
Electric Improvement Program - Mr. Humphrey reported that three more trees will
have to be ~moved. Mr. Stewart said he had been ~formed by both Public Service
Co. and Colorado Ute Association that their policy is that trees must be clear so
Tree removal that they will not fall on lines. Again discussed- age of cottonwoods, and im-
minent need of replacement. A motion was t~an made by Councilman Newell, seconded by
Councilman Beyer, that any trees that interfere with the construction of the new dis-
tribution lines in the City of Aspen should be cut,trimmed or removed if necessary.
i Motion carried unanimously.
Improve- Improvement District No. 1 - Mr. Humphrey gave report. Bond money has b~en
~ No.mentlDis'tr' received. Highway 82-- need for further work by State Highway Department.
Long range plan - Project P 26 - preliminary plans presented by Mr. Wiener at
Projec~ P-26. meeting with Council, County representatives and members of the Aspen Institute on
August 19, 1963.
Swimming pool ordinance pending.
New member to replace Melviile on the Board of Adjustment next meeting.
Bd~ of Examiners Discussed - Board of Examiners and Appeals - non-attendance and need for new
& Appeals. members.
Ord. No. 2 Ordinance No. 2, Series of 1963 -(flammable liquids ) - An Ordinance R~gulating
Series of 1963 the Transportation, Delivery and Storage of Flammable Liquids, L. P. Gas, Explosives,
Compressed Gas and other Dangerous Articles within the City of Aspen - was read
for the second time by Mr. Stewart, and finally adopted upon motion by Councilman
Beyer, seconded by Councilman Newell, and carried unanimously.
Ord. No. 8 Ordinance No. 8 Series of 1963 - An Ordinance to Amend Title X of the Official
Series 1963 Code of Aspen to Provide Authority to Remove~ Impound and Sell Vehicles and
pealing so much of "The Model Traffic Ordinance for ~torado Municipalities" as is in
Conflict Herewith - read for the second time by Mr. Stewart, and finally adopted
upon motion by Newell, seconded by Beyer, and carried unanimously.
Alley - Block 21 Letter dated August 8, 1963, from Mrs. Evelyn Prockter, requesting vacation of
alley in Tracts H and I (Block 25- East Aspen)- was discussed, and Council con-
cuffed.that in view of current planning, and other problems, the alley should not be
vacated.
Waterlines- Benedict Land and Cattle Co. - agreement on waterline redrafted - for next meeting.
Benedict Discussed - limitation on maximum charge for 3/~"
tap.
and - approval of Council for serving areas
outside corporate limits of City, not
: now served by Benedict.
~ Aspen Inn Proposed agreement on waterline with Aspen Inn Apartments - delete reference to
"reimbursement". To be redrafted and presented at next meeting.
Discussed- that City can require~that all users install meters.
Mrs. Taylor read the Treasurer's report, which was discussed, and approved upon
motion by Councilman Beyer, seconded by Councilman Melville, and carried unanimously.
Discussed- whether a portion of the income from water can be put in capital
reserve for replcament and repairs.
Wells Discussed- wells, and need for more wells - Mr. ~mphrey is to consult Shelton
Drilling Go. for information.
260
Aspen, Colorado Regular Adjourned Meeting, Aspen City Council August 21, 1963 Continued.
Attorney Stewart referred to $201,000 in government bills ( Electric Department Electric
funds) that will mature August 22, 1963. Council agreed to withdraw $126,00Q, and to Funds
reinvest $75,000 in 90 day bills.
Councilman Beyer was appointed to replace Ken Moore as member on the Planning and Councilman ~-~
Zoning Commission, upon motion by Councilman Newell, seconded by Councilman Melville, Beyer to
and carried - Mr. Beyer refrained from voting. Planning Comm.
Dump maintenance agreement with Jackson approved by Council and to be given to Dump Saint.
A.J. Jackson for~execution, then referred back to Council for execution by the Mayor. agreement
Mr. Stewart suggested that Council formulate rules for regulating maintenance of
dump.
Waterlines- Vagneur and Meadows - still pending.
Updating water report - hold until present projects completed.
Jesse Maddalone asked about paving the driveway at the Elks Building - east of Driveway-
Tom's Market- and~ Council agreed that they may use cement. )aving-Elks Bldg
Council approved sending notice to Ken Moore to remove pile of bricks from Dean Moore-Bricks
Street.
Bids to be called for Police car - September 3, 1963. Bids-Police car
There will be a hea~ing on a complaint a~ainst Police Magistrate Guido Meyer on Hearing-
Friday, A~gust 23, 1963 at 5 PM. Police ~a~istrate
City Administrator Humphrey commended the City for putting in adequate watermains,
and referred to situation ~n Estes Park, where water supply is mo~e than adequate,
but present mains are not large enough to deliver the supply.
Discussed- waterline for new trailer court - (Maddalone and Strong) and whether it Waterline
was put in according to City specifications. Council instructed that they should file Trailer Court.
plans with the City, and that they should be informed that no one else may tie on to
the waterline.
Discussed - moving of fire hydrants in trailer park area, and it was suggested that Hydrants-
the fire district should share in the cost. moving.
Discussed - Hearing of Public Utilities Commission on power transmission line.
Fin'al decision has not yet been received.
- Oral arguments to be held in Denver. P.U.C. HearJ
Council approved Mr. Stewart's going to Denver (by air if necessary) to hear and respond- transmission
if necessary -to oral arguments, as representative from the City. line
Council approved the expenditure of $60.00 for a storage cabinet for use by the Cabinet-
Planning Commission. Pl. Comm.
Bob Kirchner had called the Clerk regarding refundin~ of onds. This was discussed, Refunding
and will be considered only if there is a benefit to the oity - and after the more
pressing current matters have been resolved.
The meeting was adjourned at 12:20 AM upon motion by Beyer, seconded by Newell,
and carried.