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HomeMy WebLinkAboutminutes.council.19631216C~ B~ P~ Fo wa D~ S Sp~ ~sp~n~ Colorado Regular Meeting - Aspen City Council -December 16, 1963 The meeting was called to order at 7:30 PM by Mayor Garfish. Present were Councilmen Beyer, Braun, Melville and Newell, City Administrator Humphrey, City Treasurer, Mrs. Taylor, and City Attorney Stewart. The minutes of the regular meeting of December 2, 1963, were read;~ and approved upo~ motion by Councilman Beyer, seconded by Councilman Newell, and carried unanimous- ly. The accounts 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 un- animously. The Treasurer's report was read by Mrs. Taylor, and after discussion, was ap- proved upon motion by Councilman Braun, seconded by Councilman Beyer, and carried unanimously. Power- Public Service Co. Mr. Beatty of the Public Service Co~pany informed Council that, in accordance with their letter of November 29, 1963, they took over the service at noon on December 16, 1963, and this was witnessed by City AdminiStrator Humphrey. Mr. Beatty expressed thanks for reception they had received from the present Council, and expressed readi- ness and willingness to talk with the incoming Council regarding all negotiations ~, with the present Council. Mr. Honold then presented proposed lease with sketches and this was read by Lease- sub- Attorney Stewart. Discussed - amount of rental, and Mr. Honold said they had arrived station~ at a figure of $60.00 a year, based on mill levy on assesse~ valuation. Councilman Beyer suggested $150.00 a year. Roy Vroom was present and was asked to give his opinion as a realtor. Motion-trans- Mayor Garfish read letter from Mr. Brookover of the Public Service Company, formers garding offer of $12,910.71 for ~ransformers, original cost less depreciation ac- cording to ¢~m~ agreement. A motion was made by Councilman Newell, seconded by Councilman Melville, to accept the offer of $12,910.71 for the transformers. Motion carried unanimously. Mayor Garfish then read letter from the Public Service Company to Mr. humphrey re- Procedure- garding procedure to be followed after they take over, and asking that City employees power. follow this procedure. The liquor license application or'Heinz Wolf was then considered.Mayor Gar- Buffet Room- fish read copy of a letter sent by Mayor-elect Pabst to the Secretary of State, re- Heinz Wolf questing that this liquor license be denied, temporarily; also letter from Dr. Comcowich, for the Board of Directors of the Chamber of Commerce, expressing disap- pointment in Council's approving of this license. Councilman Braun referred to statement in Mr. Pabst's letter that "hearing was not properly held", and Dr. Comcowich replied that interested parties had not at- tended the Qecember 2, 1963,meeting as they had understood that this application had been tabled. Councilman Beyer referred to approval of the application by pedple in the vicinity of the Continental Inn, and the petition filed, which contained the names of many members of the Chamber of Cormmerce. Dr. ComcoWiCh expressed disapproval of Council action, and said there was a motion but he did not know if it was in the minutes. The ~zty Clerk asked permission to step down, and as a City resident, to ask~ Dr. Comcowich if he is a resident of Aspen. When he replied that he is not, she questioned his right to question Council action, and said that if a motion had been made, it would be included in the minutes of the City Council. Then discussed - Section 75-2-42 of the Colorado Liquor Code - and Attorney Stewart said he questioned the right of the City Council to make prior determination, ? as it would be prejudicial. He also referred to the one remonstrance filed, and the notice in the Aspen Times re remonstrances, and he also questioned whether Council can make a "blanket" tabling, and he also questioned whether an application that has not matured may be tabled. Councilman Braun said that Mr. Pabst had not remonstrated against this ap- plication at the meeting of December 2, 1963. A motion was then made by Councilman Beyer, seconded by Councilman Braun,~ to Motion disregard the restrictions included in the motion of December 2, 1963, and to liquor lic. approve the application of Heinz Wolf, dba the Buffet Room, for a three-way liquor license. Councilmen Beyer, Braun and Newell voted "aye" and Councilman Melville voted "nay" as he felt the restrictions should remain. The motion carried. A motion was then made by Councilman Beyer, seconded by Councilman Newell, Motion tO appTove the application of Heinz Wolf, dba the Buffet Room, for renewal of a liq. licenS{~ three-way liquor license for the year 196~. Motion carried with all Councilmen voting "aye". Dr. Gomcowich asked if Council may approve the renewal application before the 1963 license has been issued, and Attorney Stewart replied that the Council has that authority. Roy Vroom then told Council he had arrived at a figure of $501001~a month rent Motion- on land near the powerhouse for the sub-station. Discussed -location of property- rent-sub- length of lease- and need for sub-station. A motion was then made by Councilman station lease. Newell, seconded by Councilman Beyer, to set the yearly rental at $120.00 in the lease with Public Service Company. Motion carried unanimously. A motion was then made by Councilman Melville, seconded by Councilman Beyer, to authorize the Mayor and the City Clerk to execute the lease for rental of the Lease for sub-station site with the Public Service Company. Motion carried unanimously, sub-station Council instructed that the lot~ section and township must be put on the map to be- come part of the lease. Roy Vroom then presented plat and petition for annexation of part of Lot 19, Lot 19 - owned by Mrs. Dorothy Shaw. Attorney Stewart reviewed the plat, and advised that annexation there should be a description by metes and bounds, tied into one of the corners, petition. and that original plat must be submitted. Mayor Garfish suggested that this be sented to the new Council and Mr. Vroom agreed to this. Hans Gramiger filed verbal protest, and Mr. Stewart advised him that counter-petition should be filed within 30 days of the first publication notice. Mr. Merrick was present to answer questions regarding the electric rabuild. Reclosures. Mr. Humphrey referred to reclusures - 3 purchased for old system and one for new system, all of which must be replaced. Mr. Merrick said they will buy or trade off the one they bought, and will try to dispose of the other three, and they will assume the cost of taking them down. Mayor Garfish asked about need for new truck, and Mr. Merrick suggested that, EleCtric as present ladder is not long enough to reach street lights, a "stick" might be used, truck- or present ladder extended. The contractor is replacing the ladder, as they broke ladder it, and Mr. Saaxegard will find out if longer ladder can be bought with thw Oity paying the difference. Electric rebuild report by Saaxegard the entire system has been energized- Electric all old lines have been taken down - there is some clean-up work to be done and there will be one more outage. ' rebuild report. Street lights not yet completely installed due to injuries to three men; they will be finished this week. Mr. Humphrey asked about acceptance procedure. Mr. Merrick said this will in- elude: Clean-up notes engineer's inspection waivers and release of liens from contractor, which will be presented to Council with final bill in about four to eight weeks. Attorney Stewart recommended advertising re final payment. Mr. Humphrey presented current st~ment f~om Bonneville Construction. Co,, which had been.checked by Mr. Saaxegard. Discussed, andre motion was made by Councilman Braun, seconded by Councilman Beyer, to suspend Rule 19 and to allow the paymentof $15,777.17 to Bonneville Construction Co.. Motion carried unanimously. Mr. Humphrey asked how much longer the engineer would be on the job and Saaxe- gard said for one day. Wind-up and inspection will be made at'no cost to the City. Wolf- Mr. Wolf thanked Council fo~oc6nsideration of his liquor license, and said his establishment would be operat~/as to be a credit to the community. P-26 - Long Ran e Councilman Beyer's report on Long Range Plan P-26 - Mr. Wiener told Planning 'Planning-report. Commission he felt there had been a misunderstanding which, with the lack of co- pperation, has now been overcome. The Commission proposed to retain Mr. Wiener, and they had outlined to him what is expected, based on the present aspects of the City. OrdinanceNo. 13 Ordinance: Councilman Beyer then introduced'and there was read in full the following 1963 Ordinance No. 13, Series of 1963 ANORDINANGE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR IMPROVEMENT DISTRICT NO. l, IN THE CITY OF ASPEN, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT~OR TRACT OF LAND IN SAID DISTRICT: ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. It was thereupon moved by Councilman Braun and seconded by Councilman Melville that the foregoing Ordinance, read in full at this meeting as aforesaid, be passed on first reading and published in full in the Aspen Times, a newspaper of general Motion circulation published in the City of Aspen in its issue of December 20, 1963, and that said Ordinance, after its publication as aforesaid, be considered for final -i passage ~t a regular meeting of the City Council on Monday, the 6th day of Jan- uary, 1964, at the hour of 7:30 o'clock P.M. The question being upon the adoption of said motion, the roll was called with the following result: Those voting AYE - Councilmen Wolf 3. Beyer, Ralph Melville, Clyde L. Newell and Alfred Braun. Those voting NAY: None. All members of the City Council having voted in favor of said motion, the presiding officer thereupon declared said motion carried and that said Ordinance be published as aforesaid. Motion to Discussed - final payment to Corn Construction Co. Notice has been published- pay Cor-a he is under bond for one year - and a motion was then made by Councilman Beyer, born Constr. seconded by Councilman Newell, to suspend Rule 19 and allow the final amount of $9,823.33. Motion carried unanimously. Discussed- amount due General Fund from Improvement lstrlct No. I and a Resolution- motion was made by Councilman Newell, seconded by Councilman Beyer, to authorize trans, of funds, the ity Attorney and the ~ity Clerk to prepare a resolution for the transfer of excess funds in Improvement District No. 1 to the General Fund for money hereto- fore expended from the General Fund for the benefit of said zstrlct and to authorize the Mayor to sign same. Motion carried unanimously. Mr. Sei~meler, Colorado Pump and Supply Go., was present, and discussed with Pump for Council testing of the 6ew well, and he explained new type of pump developed by new well Peerless. Mr. Humphrey is trying to get Shelton here to make test. Estimate on new well is 650 to 700 gallons. The installed cost of pump and control is about $7885.00- City has chlorinator, and Mr. Seikmeier does not feel sand extractor will be necessary. Screen will depend upon water analysis - he suggested avoiding over- pumping of wells. Flumes Discussed - estimated cost on flumes is $210,000 - Mr. Seikmeier suggested that~ if City goes to surface water, a guarantee be obtained against damage to in- Surface system stallation during winter due to freezing. Cross- Discussed - ~nspection now being made for cro~s connections in water installa- connections tions in buildings, and Counczlman/sald ther were'six in his lodge, and many others have been reported. ZBeyer Christmas Christmas bonus a motion was made by Councilman'Beyer, seconded by Council- bonus man Braun, that the City pay a Christmas bonus of $25.00 to employees with service of over six. months, and $10.00 ~o employees with ~ervice of less than six months. ~otion carried unanimpusly. Copy machime. Discussed- copy machine, and Attorney Stewart, City Clerk and City Administrator are to get definite information for Council. Gasoline bids. Gasolone bids - bulk - call for first meeting to be held by new Council. ',290 ' Aspen, Colorado Regular Meeting Aspen City Council December 16, 1963, continued. Christmas lights - follow same procedure as last year, on power poles. Christmas · lights Mayor Garfish reported complaint from Zupancis re leak in water line, and Mr. Zupancis- Humphrey will follow up. leak Claim for reimbursement from Dr. Barnard - Mayor Garfish said he had talked with Jim Snyder, who had told him that two waterlines had been put in - that there had Dr. Barnard ] been no agreement and no payment. Mr. Humphrey said he had not been informed that claim-waterlih~ there were two lines, and that Dr. Barnard had Pointed out only one. The Mayor said Snyder would not let anyone pipe into the pond. Discussion covered - if Dr. Barnard is now hooked onto the City system, the other line is obsolete- and if second line was not pointed out the feeling was that the City is not responsible. Attorney Stewart suggested waiving the ~ap charge as a compromise and full settler~nt of claim, and Council concurred. Discussed- salary of Charles Maddalone - Mr. Humphrey pointed out that he had C.Maddalone been hired at a rate higher than the scale in the Code. It was de~cided to table salary this matter for consideration by the incoming Council. Discussed-Maintenance of Wagner Park during 1963. Clerk is to bill the Wagner Wagner Park Fund for this and a motion was made by Councilman Beyer, seconded by Councilman Braun, Maint. & to make the contribution of $1000 to the Wagner Park Fund as provided in the budget. Contribution Motion carried unanimously. Feasibility report - use of water- tabled. Swimming pool ordinance - tabled Waterlines - Meadows and Vagneur - tabled. Mr. Stewart asked for a special meeting for consideration of unfinished business, and this was set for December 23, 1963, at 7:30 PM. Salary - Police Chief Baker - discussed - hold for further infoi~iatio~re set,ce Salary-Baker record. Mayor Garrish read letter addressed to him from theCity of Dallas, regarding recent assassination of President Kennedy. Contract with the Bureau of Reclamation - a motion was made by Councilman Beyer, Bur. of Rec. seconded by Councilman Newell, authorizing the Mayor to sign the termination of term. of contract with the Bureau of Reclamation. Motion carried unanimously, contract, Councilman Braun referred to several complaints regarding service of the Rocky Compt~int- Muuntain Natural Gas Co. Mayor Garfish will contact the local representative, .Ed Rocky Mtn. Lynch, and if there is no improvement, he will contact Mr. Reed in the Denver office. Gas. A motion was made by Braun, seconded by Beyer, to adjourn the meeting at 1:00 AM. Motion carried. 'ity tent