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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