HomeMy WebLinkAboutminutes.council.19640120Aspen, Colorado Regular Meeting, Aspen °ity Council January 20~ 1964
The meeting was called to order at 3:~0 PM by Mayor Pabst. Answering the
roll call were Councilman Kuster, McEachern and Stapleton, and Councilman
Barnard came in shortly thereafter. Attorney Balcomb and City Treasurer Lum
were also present/
Council requested ~ouncilman Stapleton to check over the accounts payable.
The minutes of the regular~ meeting of. January 13, 1964, were read and
approved.
Mayor Pabst then outline~ fees for the City Attorney, and a motion was Attorney's
made by Councilman Barnard, seconded by Conncilman Kuster, that the City At- Fees.
torney's fees are to be $100.00 for each meeting, and $15.00 and hour for all
other outside work and consultations. Motion carried on roll call-
Councilman Barnard aye ~- Councilman Kuster aye-
Councilman McEachern aye Councilman Stapleton aye.
Pending liquor license applications:- Liq. Licences
Glen Rose Drug - Clinton Stewart submitted plans and specifications to be Glen Rose
filed with the City Clerk. Discussed - written notice - tabling. Dru~
Mayor Pabst read letter from Dan Wiegner re liquor license for the Smuggler, The Smuggle
requesting that this be tabled as all plans and specifications are not yet com- No.1 Main
plete. A motion was made by Councilman Stapleton, seconded by Councilman
Barnard, to table the liquor license application~ for Number One Main COrporation To Table
(The S~ug~er) indefinitely, as requested. Motion carried-wi~'all ~euncilman
voting "aye".
Councilman Barnard then moved that the liquor license applications of Glen Tabled-
Ro~e Drug Store and the Independence Restaurant Co. be tabled until the meeting Glen Rose &
of February 3, 1964, at which time there will be a formal hearing. Motion car- Ind. Co.
Rocky Mtn. Gas tied with all Councilmen voting "aye".
2% Franchise
Tax to Ed Lynch of the Rocky Mountain Natural Gas Co., gave report on the-2% franchise
Uity tax - 1963 $1,538.59
I 1964 $2,390.00.
! He will furnish copy of report to the City, also up-to-date maps of installations.
~ John Reed of the Rocky Mtn. Gas Co. was also present to answer any questions
-<'~: the Council might have. Councilman Stapleton referred to complaints received by
the fo~mer Council. Reed said they are trying to keep up with the service calls,
and requested that all complaints be referred to them immediately and said some
communities appoint one Councilman to handle this.
Attorney Balcomb's report:
ordinance No. 2, Series of 1964, AN ORDINANCE AMENDING SECTION 11-1-5 OF
THE OFFICIAL CODE OF ASPEN, COLORADO, TO ADD A SUBSECTION THERETO PROHIBITING
Ord. 2 ANY FACILITY IN THE TOURIST AREA FROM DISPENSING OR SELLING FERMENTED MALT BEV-
1964 ERAGES OR MALT, VINOUS OR SPIRITUOUS LIQUORS, AND DECLARING AN EMERGENCY ~
Zoning Amend. was read in full for the first time by Attorhey Balcomb, and a motion was made by
Councilman Barnard, seconded by Councilman Kuster, po approve Ordinance No. 2,
Series of 1964, and to order it published. Motion carried on r011 CAL1-
M Councilman McEachern aye-
orlon COuncilman Barnard aye - Councilman Kuster aye
Councilman Stapleton aye/
HEARING - Discussed - date of h~aring on zoning (Ord, No. 2, Series of 1964) and a
motion was made by Dr. Barnard, seconded by Councilman Kuster, to set the date 6f
M
otzon the hearing as March 9, 1964. Motion carried on roll call -
Councilman Barnard aye Councilman Kuster aye - Councilman McEachern aye-
Councilman Stapleton aye.
Attorney Balcomb then read the foll~wing Resolution:
R E S O L U T I O N
WHEREAS, the alcoholic beverage business, because' of its effect upon
the moral fiber of the community, must, to a greater extent than other types of
business, be subject to control; and
RESOLUTION
Liquor lic. WHEREAS, the General Assembly o~ X~ Colorado by Senate Bill No. 66
application approved May 6, 1963, by amendment of Article 2 of Chapter 75, C. R. S., 1953,
procedure, as amended, provided procedures for application for "new licenses" as in said
amendment defined; and
WHEREAS, certain investigations are being made and hearings conducted,
and determinations made before alcoholic beverage licenses can be issued; and
WHEREAS, the proper and efficient conduct of the corporate affairs and
businsss of the City of Aspen, Colorado, requires the establishment of orderly
procedures in the filing, processing and investigation of applications for the
licensing of establishments engaged in the alcoholic beverage business.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the C~y of Aspen,
Colorado, that all applications for licenses of any kind made' to the Olty of Aspen,
Colorado, pursuant to the provisions of Chapter 75, C. R. S., 1953, shall follow
the procedures hereinafter-set forth.
1. All licensees shall pay in advance all fees payable to or through the
Cit~ on account of such licenses. All such fees shall be returned to applicant if
license does not issue.
2. Applicants for renewal of licenses issued pursuant to Article 1,
Chapter 75, C. R. S., as amended (Fermented Malt Beverages) shall apply for renewal
a~ least 30 days prior to renewal.
3. Applieants applying for transfer of'any existing license shall include
with such application a financial statement of the transferee and a report 9f the
City Building Inspector showing that the'premises conform to all requirements of
the Building codes.
4. All "new license" applications as defined by 75-2-38(2)(a) C.R.S.
1953 shall include with the application the following:
(a) An application fee of $200.00 to prepay the actual and necessary
expenses of investigation of and hearing on the application.
(b) A financial statement of appllcan~.
(c) The plans and specifications required bY 75-2-40 C. R, S., 1953
5. Applications for renewals of licenses issued pursuant to Article 1,
Chapter 75, C.R.S. 1953, as amended, will be heard by the Oity Council at the
first regular meeting of the Council within 30 days after filing~of same.
6. Applications for renewals of all other licenses will be heard a~ the
first regular meeting of the Council in November annually.
7. All applications for "new licenses" as defined by 75-2-38(2)~a),
O.R.S. 1953 will be heard at either the first meeting in April or at the first
meeting in October, annually, that follows the filing of ~uch application by at
least 30 days.
8. Ail applicants for "new licenses" as define~ b%~X~g~(a), .
C.R.S., 1953, are advised that construction, reconstructlon/~ ~5~r~lng prior to
consideration bythe Council of the application will not be considered, in connection
with the application.
A motion was then made by Councilman Barnard, seconded by Councilman McEachern, Motion
to accept the ResolutiOn, and to order it published for one publication in the Resolution
Aspen Times. Motion carried on roll call -
C '
ouncllman Barnard aye - Councilman Kuster aye
Councilman McEachern a~e - Councilman Stapleton aye
Attorney Balcomb then read Ordinance (repealing the occupational Tax). This Repeal-
was discussed, also other licenses and permits - enforcement through December 31, 1963. Occupational
Bert Bidwell presented a petition - dated June~13, 1963, containing 6~ names - against Tax
the Occupational Tax. Councilman Barnard moved to approve the Ordinance, but it was
then decided to instruct the attornry to redraw it to change the effective date and
Councilman Barnard withdrew his motion.
Sales Tax - Mr. Ba~comb read letter from the Colorado Municipal League - "no Sales Tax
Colorado second-class City has adopted a ~ales tax". Discussed how to collect
Such tax - the 2% Room Re~tal Tax now in effect submitting a proposed ordinance
to the Attorney General for opinion. Attorney Balcomb was then instructed to de-
teDmine legality of sales tax and report at next meeting.
Mr. Balcom read ordinance No. 3, Series of 196~, - AN ORDINANCE AMENDING CHAP- Ord. 3, 196~
TER 2 OF TITLE VII, AND' SPECIFICALLY SECTIONS 8-2-1 and 8-2-2, OF THE D~FFI~CIAL CODE Street cuts.
OF ASPEN, COLORADO - and this Ordisnce was approved and ordered published upon mo-
tion by Councilman Barnard, seconded by Councilman Stapleton, and carried on roll
call - Councilman Barnard aye Councilman ~uster aye
Councilman McEachern aye - Councilman Stapleton aye.
Tri-County Planning and Zoning Co~i~sion - report on 3~nuary 15;~ 196~, meeting
was read by Mayor Pabst. Mr. Balcomb advised that some consideration is being Tri-County
given to the formation of a regional planning commission to cover that portion of Planning
the Roaring r~ork River drainage located in Pitkin, Eagle and Garfield Counties, Comm.
Colorado, plus an area westerly of Glenwood Springs, Colorado, as far as Mitchell
Creek in Garfield County. Each City is to designate one representative. This has
not yet gone to State for formalization.
Mr. Francis Whitaker outlined progress to date because certain areas are not yet Pro-tem
zoned~ A motion was then made by Councilman Barnard, seconded by Councilman Mc-
Ea chern- to a~ooint Francis k%itaker as pro-rem chairman of the ~ri-County Plan-
. ~ · · · ' · ' n "a e"
ning and Zoning Commission. Motion carrle~lth all Councilmen votl g y ·
Mayor Pabst said the gasoline bid of Texaco had been confirmed- with equipment. Gas bid.
3esse Maddalone was present re Smuggler Trailer Court water bill- Mayor Pabst
said concensus of Council is that deposit charge of $150.00 should be removed,
also one meter and valve provided the trailer court will purchase these items iff the Trailer Court
spring. Council feels, as break in line was on their property, to allow credit Water bill
would set a prededent. Jesse referred to leak in the Meadows line - Earle 3enkinson
was called in and said that no adjustment had been made due to any leak in that line.
Discussed - study to be~made to equalize meters and rate. A motion was then made
by Councilman Barnard, seconded by Councilman McEachern, that the deposit charge of
$150.00 is to be taken off the bill; also one meter and valve and they are to pay
aye .
for these items ~n the spring. Motion carried with all Councilmen votihg" "
Council approved request of Mayor Pabst that Gary McFadden start survey for
traffic control signs.
Mayor Pabst has asked Dale Rea to up-date his water report~ charge to be $12.50 Dale Rea
per hour for Rea and $7.50 per hour for staff, plus costs- and to take about a day Water report.
and a night, and Council approved.
Mr. Saaxegard said Kaiser Aluminum Co., had not furnished any warranty and Electric
work has not been accepted - the engineers would like to go through the winter with Rebuild
the electric rebuild, before accepting it.
Mayor Pabst - would like to have City and County zoning standardized; also to Planning
have Council advised of any planning,zoning and adjustment decisions, decisions
Dog Control - a motion was made by Councilman Barnard, seconded by Councilman Dog Ordinance
Stapleton, to instruct Attorney Balcomb to redraw Ordinance No. l, Series of 1962.
Carried with all Councilmen voting "aye~
Discussed cars parked on streets for long periods - present impounding ordinance Impounding
- cars.
and need for storage.
Mayor Pabst read letter from Mrs. Goodnough requesting that snow nbt be removed Snow
from the streets to keep City more attractive. This is to be referred to the removal
City Administrator. The matter of skiing on streets is also to be taken up with him.
Health Officer - a motion was made by Councilman Stapleton, seconded by Councilman
Barnard, that City appoint the same health officer as the County. Motion carried
with all Councilmen voting "aye".
A notice re hearing Public Service Commission - Holy Cross Association'- was Holy Cross
- ice of Heari
given to Attorney Balcomb. ng
Letterhead - samples submitted to Council - they approved the form now in use. Letterhead
Aspen, Colorado Rmgular Meeting - Aspen, City Council - January 20, 1964, Cont.
Ordinance ,No. 1, Series of 1964 - Annexation of a portion of Block 2 Eames Ad-
Ord. 1,1964 dition to the uity of Aspen - Attorney BalcomB said he had talked to Mr. Wendt re
f-~ discrepancy in petition and ordinance - also inclusion of only one-half of the
Tabled street- and Mr. Wendt is agreeable to having this matter tabled for further work.
A motion was made by Councilman Barnard, Seconded by Councilman Stapleton, to
table Ordinance No. 1, Series of 1964. Motion carried with all Councilmen voting
"aye". ,
Contribution~ Contributions by City - tak~e for study.
Benedict waterlJn e · Councilman Barnard - he feels that all facts regarding the Benedict waterline:
and rate. and rates should be studied.
Canopy- Independence Building request from Mr. Robinson for a canopy on west side of
Ind. Bldg. building - Council to study this.
Angle Parking. Mayor Pabst requested that signs be placed at Wagner Park and on Main Street
at the Catholic Church for angle parking.
Andrea Mrs. Andrea Lawrence having agreed to serve, a motion was made by Councilman
Lawrence-Plan. Stapleton, seconded by Councilman Barnard, to appoint her to the Planning Commission
Comm. to complete the unexpired term of William McEacherm. Motion carried with all Council-
men'.:voting "aye".
Distr. No. 1 Bill to the uity from Improvement District No. 1 - hold for February 3 meeting.
Bill to City
Buffet Room -Heinz Wolf liquor license application - carried over until Feb.3
Liq. Lic. meeting.
Wolf.
Councilman Stapleton then announced that the accounts payable of the City and
Accounts the Water and Electric Depts. were in order, and a motion was made by Councilman
payable-motion. Barnard, seconded by Councilman Kuster, to suspend Rule 19, and to o~der' the bills
paid. Motion carried with all Councilmen voting "aye".
The meeting was adjourned at-6:10 P. M. upon motion by Councilman Barnard,
seconded by Councilman McEachern, and carried.