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HomeMy WebLinkAboutminutes.council.19631202 Aspen, Colorado Regular Meeting~ Aspen City Council December 2, 1963 Mayor Garfish opened the rm~etiu~ at 7:30 P.M. with Councilmen Beyer, Braun, Melville and Newell, City Administrator Humphrey present, and Attorney Stewart came in later. : The minutes of the regular meeting of November 18 and ~the special meeting of November 19, 1963, were read and approved upon motion by Councilman Newell, seconded ~ by Councilman Beyer, and ca{~ried unanimously. Improvement Hearing on Improvement District No. 1. District No. 1 HEARING Mayor Garrish read letter from William Kasper addressed to. Bill Chambers, re- questing him to be his representative at this hearing, and to state that he (Kasper) is against the ~ssessment. The Mayor also read letters from Mrs. Ella Hoagland, Mr. and Mrs. Frank Kralich and David Hasty: Mrs. Hoagland - said she was not ~otified and she protested the assessment. The Kralich?s - referred to elevation difference due to grade on Main and Aspen Streets. Mr. Hasty referred to dust problem on streets in improvement district. Judge and Mrs..~haw, Mrs. Ethel Frost, Mrs. Eth&l McCabe and Mrs. Lena Van Loon were present - in the interest of property abhtting on the State Highway(Main Street). Mrs. Frost said sh~ had written to Mr. Shumate and had been informed that the work on the State Highway had been paid for by the State, and consequently she did not feel that she should be assessed for this work. Mr. Humphrey explained how the total cost of the district had been adjusted and the cost ~ivided equally among all property owners to avoid inequities. Dr. Barnard supported this statement and laid all in the district benefited from the improvement of State Highway 82. Discussion covered: Cost of similar improvements in other cities averages $10.00 m front foot. Cost for Improver~e6t District No. 1 has exceeded ~6.00 m front foot, and d~'ference has been paid from General Fund. Unsatisfactory paving job done by ~tate Highway Department._ Mayor Garfish outlined preliminary work in formation of the district, and re- ferred to the trip made by himself and Councilman Braun at no expense to the City, to inspect soil cement installations in Julesburg, Wray, and the airport at Ak_ton. ,~ditional Councilman Newell referred to/azstrzcts in which the cost of improvements would be borne by the property owners in each district. Judge Shaw inquired about ordinance and provisions for payment of assessments, and Mayor Garfish referred to legal opinion obtained from the attorneys, TallmadKe and Tallmadge, in matters pertaining to the district. Dr. Barnard and Gary McFadden detailed procedure in connection with the cir- culation of petitions. Leonard Thomas said he had been advised by phone regarding the district, and HEARING that he is ready to meet the requirements. ~ont'd. Mrs. Terese DaVid said she feels they should not have to pay fo~ the improving of State Highway (82). Discussion regarding the inclusion of the paVingiTof~the?iState Highway in the all-over assessment in District No. 1 then followed. Dr. Comcowich complimented the Council on the job done in the district. Judge Shaw referred to possibility that someone might not be able to pay the assessment, and thereby might lose his property, Leonard Thomas said he feels it is m(~t important that City use water rights, and Water he opposes wells. Judge Shaw stressed the importance of use of water rights. Mayor use. Garfish referred to work being done on Castle and Maroon Creeks, repair of flumes, present use of surface water, and cost of installation of system for the purification of surface water. There were no further protests or inquiries regarding Improvement District No. 1. Confirmation of motions: A motion was made by Councilman Beyer, seconded by Councilman NeweI1, to Motion confirm the motion made at the Special Meeting of November 19, 1963, approving the Aspen Alps liquor license application of the Aspen Alps Club. Motion carried unanimously. Club A motion was made by Councilman Braun, seconded by Councilman Beyer! to con- Motion- firm the motion made at the Special Meeting held mn November 19, 1963, approvln~ the Resolution Resolution on the petition for annexation of a portion of Block 2, Eames Addition. Annexation Motion carried unanimously. Statement from Charles Evans - gravel for Improvement DistriCt No. 1- reviewed. Motion- A motion was made by Councilman Beyer, seconded by CounCilman Newell, to suspend gravel Rule 19 and to pay the amount of $9,571.94. Motion carried unanimously. Member to Board of Appeals hold for new Council. Sub-station - lease for land - pending. SUb-station lease Long Range plan - P-26 - Mr. Wiener is expected for a meeting on December 9, 1963. Lon~ Range Plan. Electric System Rebuild - Mr. Saaxegard read list from contractor, of supplies that will be needed for the system - cost approximately $3,900.00. It was~ suggested lectrlcal that list be studied by Electric Department for approval, supplies. Mr. Saaxegard referred to injuries to workers - he feels City would prefer out- ages. He also told Council they are taking down some ~aluable material and he feels Electric this should be taken care of immediately. It was suggested that PUblic Service rebu%ld - ~ompany be conta~ted~ also that material be sorted and an "ad" placed in the"Colorado material Municipalities "regarding junked material. Mr. Humphrey will handle. Saaxegard recommended that Council consider matter of purchase of new electric Truck- truck with bucket or high ladder, as he feels this is a matter of safety. Discussed- ~laCtric De that Ed LeCuyer had said new truck would notbe required. - pt Mr. Humphrey feels that Mr. LeOuyer Should come up for discussion on reclosures- Reclosures after installation they will not work - they'had to be taken down and new ones installe( He is to contact Mr. Merrick. Co. = Bonneville Construction/statement - net $30,019.89 after lO%-withheld - checked Statement- and approved by Saaxagard - discussed. Balance due about $30,000. Mr. SaaXegard Bonneville said total cost will be approximately $192,000 - about $10,000 over original'estimate. A motion was made by Councilman Beyer, seconded by Councilman Newell, to suspend Motion Rule 19 and to pay $30,019.89 to Bonneville Construction Company. Motion carried unanimously. Mayor Garfish then read letter dated November 29, 1963, from L. R. Patterson of EleCtric the Public Service Company regarding commencement of sale of power to Aspen, and Power notification to Bureau of Reclamation. A motion was made by Councilman Beyer,'seconded by Councilman Newell, that the Power contract City of Aspen notify both Public Service Company and the Bureau of Reclamation as Effective date to the effective date of the power contract as stated in the letter dated November 29, 1963 ~ that is, D~cember 16, 1963. Motion carried unanimously. New well - Mr. Humphrey asked if it should be activated this year or postponed New well for the new Council.~ Discussed - testing well. Leu Thomas again expressed opposition to Wells and Mayor Garrlsh outlined again the cost of surface purification system, and referred to work being done on surface system. Mr. Humphrey will ask Mr. Sigmeier to come up, to explain pump for new well. Swimming pool ordinance - pending. Perm. empl. DiscusSed- wages and Mr. Humphrey recommended that Lee Bartlett and Lesley Sudders & Sudders be made permanent employees, due to qualifications and work. Bartlett Motion A motion was made by Courcilman Melville, seconded by Councilman Beyer, to place Lee Bartlett on permanent employment at $365.00 per month, and Lesley Sudders on perm- anent employment at $300.00 a month effective December l, 1963. Motion carried un- animously. Again reviewed - salary if Eb Tacker, Electric Department - and a motion was M~Y%ion-Tacker made by Councilman Beyer, seconded by Councilman Melville - to supersede the motion made at the November 18, 1963, meeting, and to increase the salary of Eb Tacker to $480.00 a month effective October 1, 1963, due to grade and length of service. Motion carried unanimously. Motion-Rusher A motion was made by Councilman Beyer, seconded by Councilman Newell to in- crease the salary of Orville Rusher - Street Department to $440.00 a month ef- fective December 1, 1963. Motion carried unanimously. Discussed - wages of Teleo Caparrella, Bud Smith and Tom Maddalone -_no action taken as they have reached the maximum as provided in the schedule in the Municipal Code. Motion- Mr. Humphrey recommended a raise for Earle Jenkinson of the Water and Electric Jenkinson Departments, and a motion was made by Councilman Beyer, seconded by Councilman Braun, to increase th9 salary of Earle 3enkinson to $525.00 a month effective December 1, 1963. Motion carried unanimously. Report- Feasibility report - water use - work is being done on this. iwater use. Mayor Garfish read letter from Ireland, Stapleton, Pryor and Holmes re complaint Annan- Electric of Michael Annan about electric outages. outages. Attorney Stewart came in. East Aspen Mayor Garfish read a lette~ from David Hasty regarding purchase of.land in East Patent land Aspen Patent. Discussed - that this will be sold at auction as required by law. Letter to be acknowledged. Roof-Thrift Jesse Maddalone gave Council note from the Board of the Thrift Shop re leaking Shop roof - Mr. Humphrey to handle. Liquor appli- Application of Heinz Wolf - dba the Buffet Room -(Continental Inn)was reviewed cation- by Attorney Stewart who read letters of recommendation,- also remonstranoe~ from Wolf. King Woodward of the Aspen Inn, Present for Mr. Wolf were Richard Simon, Attorney, and ex-Senator, Carl Fulghum. Mr. Simons said the requirements of~the new application had been covered- and read letter from Equitable Investment Company requesting favorable consideration of the license. He also read letters of recommendation from Luke Anthony, Curt Chase, Hillside Lodge, Limelite Lodge, and John O'Rear. A petition was presented - favoring the issuance of the liquor license -from which Mr. Simons read 45 names. He also read financial report submitted by Mr. Wolf, and a summary in support of the appli- cation. He showed Council lease between Wolf and Hans Cantrup. There were no recommendations from the floor. Mr. Fulghum said he appeared as attorney and referred to the one remonstrance filed; also to b6ilding of uontinental Inn and money invested and said it was known that there would be a dining room. He feels current policy should not apply to a build- ing started three years ago, with many investments made, as this is not a "sudden" business; also it is a dining room and not a night club. He asked Council ~onsider- ation of Heinz Wolf's application. Dr. Comcowich referred to co~plaints filed with the Chamber of Commerce e~ainst Continental Inn; also to the request from the Chamber of Commerce.that Ooun~il re- frain from approving applications for liquor licenses until policy has been deter- mined. He feels licensing is to protect the public, and asked Council to consider the needs of the neighborhood. Leonard Thomas, as an adjacent property owner, feels that the City should nod grant this license (verbal remonstrance). Hans Gramiger referred to hamperir~ growth , and feels, as a realtor, that he knows what the skiing public wants; he also feels that pressure against the Con- tinental Inn should not apply against the lessee. Councilman Braun said the licensing policy committee, consisting of Mr. 3ames, Mr. Pabst, Mr. Kalmes and the four members of the City Council, were of the opimion that the license should be granted under certain restrictions: No bar Liquor to be served only during the time the restaurant is open. If applicant feels this is wrong - he has the right to appeal. Mr. Wolf said he would agree to any recommendation of Attorney Stewart. Mr. Stewart said he knows of no instances in Colorado where this has been done, and he cannot advise that limitations can be made- if applicant makes definite representations this can be considered. Mr. Wolf said he expects to open on December 20, 1963, and that he agrees to restrictions to serving while dining-room is open - 11:00 AM to 2 PM and from 5:00 PM to 11:00 PM. Mr. Simons referred to Section 75-2-42 of the Liquor Code of Colorado, re notice within 30 days and "reasons". A motion was then made by Councilman Beyer, seconded by Councilman Braun -to ap- Motion- prove the application of Heinz Wolf, dba Buffet Room,for a liquor license with the Wolf application .following given restrictions - liquor to be served at tables and in lounge -service bar - between the hours of 11:00 AM and 2:00 PM, and between 5:00 PM and 11:00 PM., because Council feels the need for bars is met, but not the need to s~ve ti~uor with meals. Motion carried with all Councilmen voting" " Aye . Application of Glen AndersOn - for a drug store license reviewed by Attorney Application-~-~I SteWart, and he read remonstrances from the Red Onion, Don Elisha of the Aspen Co., ~ package lie.for King Woodward of the Aspen Inn. Mr. Stewart also read letters of recommendation~ drug store- There were no remonstrances from the floor. Glen Rose. Mr. Anderson said he had expected to be open by now, but due to delay, is not MOtion to quite ready, and he asked that application be tabled. A motion was made by Councilman table Beyer, seconded by Councilman Newell, to table the application of Glen A~derson for a liquor license until the second meeting of Council in January 1964. Motion carried unanimously. Mayor Garfish read a letter from Dr. Bernard re reimbursement to him for damage Claim-waterlinei to waterline - the original line from his house to Snyder's pond. Mr. Humphrey said damage-Bernard. Dr. Bernard had not informed him of a second lower line, and that Jim Snyder had told him he did not want the line hooked up again. Mr. Humphrey recommended that no part of the claim should be paid~ Tabled for further consideration. Deed- East Aspen Patent - John J. Snyder - reviewed by Attorney Stewart -plat Deed - John J. is correct and deed is to be drawn accordingly. A motion was made by Councilman Snyder Braun, seconded by Councilman Newell, to authorize the Mayor to execute the deed for John J. Snyder - to all of Lots 7,8, and 9 in Block 4, H~ghes Addition Replat. Motion carried unanimously. Jesse Maddalone and George Strong inquired about the water rates for the Smuggler Trailer Court, and referred to the current bill - $59.95 for 6 trailers. Jesse water rate said he understood that their rate would be the same as that charged Benedict Land Trailer Court and Cattle Company. Council referred to Attorney Wendt's reference to the rate as provided in the Municipal Code. Rate charged Benedict had been discussed - but the minutes indicate no authorization by Council that this rate is to apply to the Trailer Court, Jesse suggested that all minutes be tapeilrecorded so that all dis- Review of cussion would be available. Discussed- need to review ordinance-that time is too Code. short for present Council to make any change bringing this matter to the attention of the incoming Council. Jesse Maddalone referred to item in the Aspen Times about members of police force Police' working without pay. He would like to have a committee forraed to contribute toward Force. foot man to check doors. Discussed - that present force is adequate- Council feels they shouldn't put in extra time without pay. Mayor Garfish read letter from Governor Love re Civil Defense. Mayor Garfish then read letter of resignation of City Administrator Humphrey as Resignation of December 31, 1963. The Mayor ~xpressed appreciation Of his work, also that of the Uity Administratol present Council and the City Clerk. Attorney SteWart referred to hearing of Public Utilities Commission- Holy Cross P.U.C. - Association so far only on permits-then will probably be postponed. Place on agenda hearing- for incoming Council - will they want to acg~aire through administrative procedures, Holy Cross the area now being served by Holy Cross, and enter an appearnce at cross examination? Attorney Stewart referred to negotiations with Public Sez~vice Company to purchase Transformers transformers. Assessment ordinance Improvement District No. 1 Mr. Humphrey to contact Tall- Assessment madge and Tallmadge, Ordinance The meeting adjourned at 1:00 AM upon motion by Beyer, seconded by Melville, and carried.