HomeMy WebLinkAboutminutes.council.19640803Aspen, Colorado Regular Meeting Aspen City Council August 3~ 1964
Mayor Pabst called the meeting to order at 3:45 PM. Present were Council-
men Barnard, Kuster and McEachern, City Treasurer Lum, and City Administrator
Kerrigan. Absent were Councilmen Stapleton and City Attorney Balcomb.
The accounts payable were given to Councilman McEachern for checking.
The minutes of the regular meeting of July 20, 1964, were approved as read.
A motion was made by Councilman Kuster~ seconded by Councilman Barnard, to
suspend Rule 19, and to allow the accounts payable. Roll call: Councilmen
Barnard aye; Kuster aye; McEachern aye.
Bids on the construction of earth reservoir, dam and structures, and 24" raw Bids-
water pipeline and structures were then opened and reviewed. Dale Rea said total Caste Creek
of breakdown will be sent to each bidder, and he checked each bid for addendum, Water source
bid bond and signature, expansion
Bids were submitted by Bookcliff Construction Co. - Grand Junction
C. C. Kidwell - Palisade
Merrill Constr~ction Co. - Carbondale
Holsam Condrete Products Co. - Englewood
Emerson E. Ellett - Denver
L. H. Linneman Inc. Denver
The bid of Bookcliff Constr~action Co. appeared to be the lowest submitted.
~ Meeting- Mayor Pabst announced that this meeting would be recessed until 11:00 AM Aspen
I recessed Time, Tuesday, August 4, 1964, at which time the decision on the bids would be
! announced.
%.~' Annexation ~ Ordinance - petition f?r annexation Eames Additio~ _ Bijou 9 ~° Attorney
B1 2-Eames Dalcomb could not attend this meeting, this matter was tabl~i~e~g meeting of
tabled Council.
Ordinance No. 7, Series of 1964, Amending Title XI, Chapter 1 to pr6vide for
Ord. 7, 1964 a change in a portion of the B, Business District, to T, T ' '
Rezoning Pabst suggested abllng this ordinance until the next meeting in the hope that some
t ' · outlet District. Mayor
agreement can be reached with the property owners, and he has asked the Planning
Commission to come up with some recommendation. He read the following letter -
dated July 22, 1964, addressed 5e him to the City Council:
Aspen City Council
Aspen, Colorado
Gentlemen:
Faced with a long further delay in obtaining a Master Plan and
observing the accelerating growth of Aspen, both the City Council
and Planning and Zoning Commission have become increasingly
apprehensive about the direction and quality of Aspen's future
growth. The dismal growth pat6erns of too many other areas in
this'country substantiate this alaz~m.
While rezoning of the West End Business lstrlct and better con-
trol of the tourist area density are both necessary to assure proper
and desirable growth for Aspen,~i feel that Ordinanc~ No. 7 and 8 will
not by themselves accomplish the desired results. The problems
we are attempting to control with these ordinances not only inter-
relate with each other but also with other zoning problems.
Altering the zoning of one area can very well create pr6blems in
m other area unless an ~9~rall proMram of planning and zoning is
developed.
Much as I would like to see remedies to our many p~oblems imme-
diately forthcoming, I.believe, nevertheless, that a properly
' developed Master Plan is the only approach which will maintain
i the quality we want with the least amount of dislocation to indi-
~ vidual property owners.
Becauee of my firm belief in the above I hereby disapprove
Ordinance #7, Series of 1964.
Respectfully
Herald Pabst
Mayor
Mption A motion was made by Councilman Bernard, seconded by Councilman McEachern,
Que~stion: that ~he foregoing letter be included, in the Council Minutes. Roll call vo~e:
Councilmen Bernard aye; Kuster aye, McEgchern a
See Min. of ~he q~st~on: shall the ordinance notwiths,_.~%t ~ . . .
Aug. 17,1964 uouncl£man Bernard requested ~-~ ~ ~' ~~~uzn~ one ~ayor' objectlons,be Passe
by the City Clerk for the~_= ~t~u ur~ln~ce No. 7, Series of 1964. be ~=~ ~ d.
~rom Samuel Caudil% and'letter from George Eric~-~ d~e. May?r Pabst read note
£avoring the rezonln~ of the ~--:-- ~ . ~s~, ~anager o~ the As en In
8 uuszn~ss area in tn P n,
Gas station ~opy of the letter from the Buildin~ Ins ....... e ~est_En~. The Mayor also read a
moard of Adjustment re an .... ~ ~=u?or no sr. sea£mear, Chairman o
· , application received for a building permit for % the
service station for Humble Oil Co.
Gerry Hobgood referred to residents being against the area remaining zoned
business, also to petition in circulation for submission at the next meeting.
Rob Roy said from a planning standpoint he would prefer to see it frozen in its
present form; he referred to gas station - he feels this can be built under
control - and feels this ma~ter should be tabled.
Guy Drew asked how persons not owning property in the area can be involved.
Motion - A motion was then made by CounCilman Bernard, seconded by Councilman Kuster,
Ord. 7 to finally adopt and approve Ordinance No. 7, Scrim on 1964 . An Ordinance Amend-
ing Title XI, Chapter 1, the Zoning Ordinance of the City of Aspen, Colorado and
the Zoning Map of the City of Aspen, to Provide for a Change in a Portion of the
B, Business District from such ~,lng to T. Tourist District, and Deleting an
Z '
Emergency to Exist. Roll call Councilmen Bernard aye; Kuster aye; McEachern
aye. The Mayor then announced that the motion had carried and the ordinance
passed.
Ord. 8 Ordinance No. 8, Series of 1964 - Density Control
i , Tabled.
~ - to remain tabled.
~'~Cme ~ 3~o~ 6~_- Adoption of Sales and Use Tax -
A mot a
Hearing public hearinf is t~ ~ ~'~ ~c~a~ern! seconded by Counei~ .... d~lscussed,
....... ~u in the olstrlc~,,~, .... ~ ~ ~. ~.~arnar~/, that a
Ord. 13,1964 house at 8: PM Aspen, Time, on Thursday, August 13 1964, to consider the adoption
, ~ ..... ~uu~ cz rne ~ltk~n County Court-
of a sales and use tax ordinance _ Roll call '
McEachern aye.~ - Councilmen Bernard aye; Kuster aye;
Mayor Pabst read from a letter dated July 20, 1964 - from Jack Walls - that
the Planning Commission has approved a proposed covered sidewalk for the Cowenhoven
Building _ A motion was made by Councilman Bernard, seconded by Councilman McEachern,
Covered
to approve a covered sidewalk for the Cowenhoven Building as recommended by the Plan- sidewalk -
ning Commission, provided the roof of such covered side-walk be open in areas to Cowenhoven
per~it the planting of trees in the 24 inch gravel bed, and subject to the removal
of such cover by order of the Council at any time it interfers with the health, Motion
safety and welfare of the residents of Aspen. Roll call- Councilmen Bernard aye:
Kuster aye; McEachern aye.
A motion was then made by Councilman McEachern, seconded by Councilman Bernard,
to appoint the City Administrator as the budget maker for 1965. All Councilmen Motion
voted aye. Budget
Rob Roy wants to tap on to the waterline coming~out of the Castle Creek Ditch,- Roy- Castle
he said he has an adjudication in the flu~e. Discussed - City Attorney Balcomb reek Flume
should determine legal aspects and the engineer, Dale Rea - should give opininn
re possible expansion and other requested to tap on.
Agreement with Benedict Land and Cattle Company,- revision discussed - Council- Benedict
man Kuster questioned including the Aspen Grove system - as he had been informed %later System
that it is not sanitary. Dale Rea said he had looked at the system during its Agreement
constr~ction, and had examined plans and "specs" and Mr. Hendy's report. He
feels system is sanitary, but that it does not meet first class city oonstru~tion
~eguirements. Discussed-setting standards for future installations - the City
would ~eh~t ~ver a period of tirae by acquiring the B~nedict water system.
Councilman Kuster referred to rate increase indicated on current water bills- Ine - water
City Administrator Kerrigan will look into this. rates
Land at Glory Hole - request from Mrs. Larkin tc buy - Attorney Balcomb in- Land at
formed Mayor that this would not have to be sold on bid - and he had r~commended Glory Hole-
that c~rrent assessment be made and land sold to Mrs. Larkin by ordinance. No Larkin
recommendation from Planning Commission as yet.
Mayor Pabst said he had asked Mr. Balcomp to draw up an ordinance requiring Trash-
that hauled trash be covered. Guy Drew referred to trash accumulated at his corner ordinance.
and asked help on this.
Discussed - holes in streets.
Discussed - sidewalks.
Upon recommendation from Mr. Kerrlgan, a motion was made by Councilman Bid-
Kuster seconded by Councilman McEaehern, to accept the bid of General Electric Co. ~ransformers
of $1,277.00 for 57 transformers. Roll call - Councilmen Bernard aye; Kuster aye;
McEachern aye;
'£he Mayor read a letter from Roy Vroom, dated July 8, 1964, pointing out Bicycles on
a danger to pedestrians as a result of bicyclists~riding on the City sidewalks, sidewalks.
Discussed- enforcement of ordinances.
Ordinance No. 14, Series of 1964 - The Clerk then announced that an Ordinance
to contract an indeb~dness in the amonnt of $350,000 on behalf of the City of
Aspen, Colorado, and upon the credit thereof, by issuing bonds of said City in
the amount of ~350,000 for supplying water to said City by extending its waterworks Ord. 1~,196~
system; prescribing.the form of said bonds; providing for the leyying of taxes to Water Bonds.
pay the same; providing other~details concernin~ said bonds and said system;
ratifying all action taken in connection therewith; a~d declaring an emergency -
which ordinance was introduced and read in full for the first time on the 20th
day oj 3uly, 196~, had, asordered by the City Council, been published in full in
the Aspen Times, a newspaper published and of general circulation in the City of
Aspen, in its issue of July 24, 1964, being at leaS~ tom days prior to this
meeting, and the publisher's affidavit of publication of said ordinance is now on
file in the office of the City Clerk.
A motion was then made by Councilman Kuster, seconded by Councilman McEachern,
and unanimously carried - ordering that said affidavit be received, filed and
preserved among the records of the City Clerk.
Thereupon, the Mayor announced that this was the time and place of a public Hearing
hearing on said ordinance, which he designated by title, and that anyone desiring
to be heard should so indicate, No one indicated he desired to be heard thereon.
Whereupon. it was moved by Councilman McEachern, seconded by Councilman
Kuster that said ordinance be now placed on its second reading and final passage,
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 for the purpose of permitting the final passage and adoption of said
ordinance at this meeting.
The question being upon the adotion of said motion and the suspension of the
rules, the roll was called with the following result:
Those voting aye: Councilmen Dr. Robert Bernard
Werner Kuster
William T. McEachern
Those voting Nay~ None
Abseht Councilman David E. gtapleton
Three members of the Council having voted in favor if the motion, the pre-
siding officer declared said motion carried and the rules suspended.
Thereupon, said Ordinance was read by the Mayor in full for the second time.
Whereupon, Councilman Barnard moved that said ordinance here.tofore introduced
and published, and, after a public hearing thereon, again read in full at this
mee¢ing, be now placed upon its final passage. Councilman Kuster seconded the
motion. The question being upon placing of said ordinance upon its final pass~ge,
~he roll was called with the following result:
Those voting aye; Councilmen Dr. Robert Barnard
Werner Kuster
William T. McEachern
Those voting nay: None
Those absent Councilman David E. Stapleton
The Mayor declared the motion carried and the said ordinance -(No. 14, Series
1964) - placed upon its final passage.
Councilman McEachern then moved that said ordinance be passed and adopted as
read, as an emergency measure. Councilman Barnard seconded the motion. The
question being upon the passing and adopting of said ordinance, the roll was called
with the follwoing result:
Those voting aye: Councilmen Dr. Robert Bernard
Werner Kuster
William T. McEachern~
Those voting nay: None
Those absent David E. Stapleton
The Mayor thereupon declared that at least three-fourths of all the members
elected to the City Council having voted in favor thereof, the said motion was
carried and the said ordinance duly passed and adopted as read, as an emergency
me asure.
On motion duly adopted, it was ordered that said ordinance be numbered 14, and
after approval by the Mayor, be finally published in the Aspen Times, a newspaper
published and of general circulation in the City of Aspen Colorado, and recorded
according to law.
Thereupon the Council considered other business not relating to the City's
water bonds.
3im Moore asked about acquiring from the City some legal deed or quit claim
Matron Cree on the Maroon Creek Flume - to compensate users for improvements they have made
Flume and might make in the flume. Discussed - need for legal opinion ~ will be referred
to Attorney Balcomb.
~.~ City Mr. Moore asked what action is being taken regardi-ng removal and relocation
Dump of the dump - or other means to stop the excessive odors from burning. Discussed-
the problems involved and County particiDation.
Bids-water Again discussed - bids on water extension project - and Mr. Rea felt the
works, bid of Bookcliff is good. He will discuss this with the bidder, and if he is
satisfied, Mr. Rea! recommends going ahead with the procedure.
Meeting Upon motion by Councilman McEachern, seconded by Councilman Barnard, the
recessed meeting was recessed until 11:00 AM Tueaday, August 4, 1964. Recessed at 6:50 PM.
Aspen Colorado Recessed Meeting - Aspen City Council August 4, 1964
Mayor Pabst re-opened the meeting at 11:00 AM, with Councilmen Barnard, Kuster,
Waterworks and McEachern, City Administrator Kerrigan, and Mr. Dale Rea present. Councilman
Bid. Stapleton was absent.
Mr. Rea said the bid on the water extension project had been discussed with
Mr. Dye of Bookcliff Construction Company, and the low figure represented their
intension.
Mr. Kerrigan said he had checked into the firm's work and found all reports
satisfactory.
Mr. Rea said he had checked the figures, and feels Bookcliff's bid should be
accepted. Mr. Dye said he would like to have the job, and is prepared to go ahead
with it on the present bid.
After discussion on the work and time schedule, a motion was made by Councilman
Motion on Bernard, seconded by Councilman McEachern, to ~ard the bid on the water extension
Bid project to Bookcliff Construction Co - 574 - 25 Road - ~rand Junctign~ Colorado,
using heavily enforced 30" pipe, one long span and one bin-type retaining wall.
Roll call vote: Councilmen Bernard aye: Kuster aye; McEachern aye.
There bein~ no ~urther business to come before the Council the meeting
was adjourned at 11:25 AM, uponmotion by Councilman Barnard, seconded by
Councilman McEachern and carried unanimously.
SEE PAGE
August 13,1964