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HomeMy WebLinkAboutminutes.council.19640908 Aspen, Colorado Regular Meeting Aspen City Council Tuesday September 8~ 1964 The regular meeting was called to order at 3:45 P.M. by Mayor Pabst. Present were Councilmen Kuster, McEachern, Stapleton and Barnard, City Attorney Balcomb, City Treasurer Lum, and City Administrator Kerrigan. The accounts payab%e were given to Councilman Stapleton for checking.~ The minutes of the regular meeting of August 17 and the special meetin~ of August 28, 1964, were approved as read. Councilman Staple~ton said that the accounts payable were in order and moved that Rule 19 be puspended and the accounts paid. Motion seconded by Councilman McEachern. Roll call - Councilmen Barnard aye; Kuster aye; Stapleton aye; McEachern aye. The Treasurer's report was read by Mr. Lum, and accepted upon motion by Councilman McEachern, seconded by Councilman Kuster, and carried:- Roll call - Councilmen Barnard aye; Kuster aye; McEachern aye; Stapleton aye. Ord 15,1964 Obdinance No. 15, Series of 1964 - An ordinance providing for the annexation Annexation to the City of Aspen, Colorado of that certain territory or real estate particu- larly described in this ordinance, lying outside but adjacent to said City of Aspen, Colorado - Providing for the annexation of land - was read in full for the second time by Attorney Balcomb, and a motion was made by Councilman Barnard, seconded by Councilman McEache~n, to finally adopt and approve Ordinance No. 15, Series of 1964. Roll call - Councilmen Barnard aye; Kuster aye; McEachern aye; Stapleton aye. Water service- Luke Anthony referred to his request for water service; he said he hoped that L.Anthony matter had been ironed out; that Mr. Kerrigan does not feel there is any easy solution to getting water up to the Smuggler area; and Anthony hopes full facts are heard now. Councilman Barnard said Anthony had worked with Earle Jenkinson, but that Council had not given permission to tap on. Mrl Kerrigan said no signed a~reement had been sub- mitted. Mr. Anthony said the water had been turned off and asked if Council is in agreement with this action. Councilman Stapleton referred to motion to hand this matter over to the City Administrator. Mr. 3enkinson said valve could not be opened except by City employee; also he felt that permission to ~et water had been indicated but he disagreed with this and had. consulted Mr. Kerrigan. Discussed inspection made by Water Dept. - (Teleo Caparella). Mayor Pabst referred to pending water policy. Attorney Balcomb said the City is not required to serve water outside the Water ordi- City limits, and referred to an ordinance in preparation covering lines less than nance two years old - to provide that the system will be up to standard. Mr. Anthony said he felt it is mora!~y wrong, after system is in, to turn off the water, and asked if Council supported this action, A~motion was then made by Motion Councilman Barnard to support the action of City Administrator Kerrigan in shutting off the water to the Anthony sub-division on Smuggler Mountain. Discussion followed in whic~ Anthony said there is no other 6 .inch line over there and he feels this is prohibitive. There was no second to this motion. The application for renewal o~ the 3.2 Beer License for Tom's Market was then Tom's Market reviewed, and a motion was made by Councilman Stapleton, seconded by Councilman 3:2 Beer ~Kust~r, to approve the renewal of the 3.2 Beer License of Thomas McFadden, dba Tom's Market. Roll call - Councilmen Barnard aye; Kuster aye; McEachern aye; Stapleton aye. Ordinance No. 16, Series of 1964 - An ordinance providing for the regulation of the hauling of ashes, trash and garbage, providing for penalties for violation Ord. 16,196~ of the ordinance~ and declaring an emergency to e~ist , hauling of trash, etc. read for the second time in full by Attorney Balcomb, and a motion was made by Councilman Kuster seconded by Councilman McEachern, to finally adopt and approve Ordinance No. 16, Series of 1964. Discusse~ - and Councilman Barnard referred to difficulty in enforce- ment. The roll was then called as follows: Councilmen Barnard aye; Kuster aye; McE~chern aye; Stapleton aye. Discussed - bid awarded to Emerson S. Eflett, Inc. at the special meeting of Bid-Ellett August 28, 1964, and a motion was made by Councilman Stapleton, to confirm the motion Motion Con- made at the special meeting held on August 28, 1964, awarding the contract of Diver- firmed. sion Dam and Inlet Structure and 30" Raw Water Pipeline and Appurtenant Structures to Emerson S. Ellett, Inc. of Denver, Colorado, whose bid of $86,955.90 was the lowest submitted. Motion seconded by Councilman McEachern. Roll call - Councilmen Barnard aye; Kuster aye; Stapleton aye; McEachern aye. Mayor Pabst referred to request for a sidewalk overhang on the East side of oidewalk over Mill Street - Aspen Lumber and Supply Co. Council recommended that this be re- ferred to the Planning and Zoning Commission, and the plans were handed over to Mr. hang Walls. Notice re hearing on liquor license applications at meeting of October 5, 1964, to be published. Ordinance No. 14, Series of 1964 - Water Refunding Bonds - Attorney Balcomb Ord. 1~,196~ referred to letter from bonding attorneys drawing attention to fact that the approval Bonds by the Mayor had not been included in the second publication of the ordinance. Dis- cussed with Bill Dunaway, who said ordinance would be republished without cost to the City. Mr. and Mrs.~Stewart Mace asked if the Dental Association had approached Council Fluoridation re fluoride, and requested that plenty of consideration be given to this matter. They are opposed to it. Mayor Pabst read letter addressed to Councilman Barnard re standards for water systems in sub-divisions. Planning Commission is considering an ordinance covering Sub-divisions water service this. Mr.~ Walls said some provisions would apply to County. The Mayor also read letter dated August 28, 1964, from the Planning Commission recommending that the property at the Glory Hole be appraised and land sold to the Larkin-land at Larkin~ to square off their property. Discussed, and Council agreed that land Glory Hole should be appraised, and directed Mr. Kerrigan to handle this. Hans Gramiger re- iterated his offer to buy the entire~ area at the Glory Hole. The Mayor read letters from Roy Vroom re fire siren at noon, and~ bicycles being Fire siren ridden on sidewalks - these were ~iven to City Administrator Kerrigan to handle. A letter from Plateau Engineering Co. was also read and Clerk was instructed to answer Bicycles that water treatment plant is not contemplated at this time. Ordinance No. 14, ~eries of 1964/ Water Bond issue was ~hen reconsidered. There Ord. 14,1964 were present and answering the roll ~all the following, constituting a quorum: / · / Mayor: Harald Pabst Aldermen: Dr. Robert Barnard Werner Kuster William T.'McEachern \ David E. 'Stapleton Absent: None 'constituting all the members of the City Council. There were also present: City Clerk: Dorothy Hoffmadn City Attorney: Kenneth Balcomb Thereupon the Clerk announced that an ordinance entitled: "An Ordinance to-contract an indebtedness on behalf of the City of Aspen, Colorado, and upon the credit thereof, by issuing bonds of said City in the amount of $350,000.00 for supplying water to said City by extending its waterworks system; prescribing the form of said bonds; providing for the levying of taxes to pay the same; providing other details concerning said bonds and said system; ratifying all action heretofore taken in connection therewith; and declaring an emergency." On motion duly made by Councilman Barnard, seconded by Councilman Stapleton O~d.~14 and unanimously carried, it was ordered that said affidavit be received, filed 1964 and preserved among the records of the City Clerk. Thereupon, the Mayor announced that at the public ~earing held on said ordinance on the 3rd day of August, 1964, no one indicated that he desired to be heard thereon. The Mayor stated that while Section 15 of said ordinance and the ~-~ subsequent minutes indicated that the ordinance was adopted as an emergency ' measure, there was some question as to the existence of a sufficient number of votes. The Mayor~also stated that the final publication of said ordinance was questioned as to its sufficiency. Thereupon it was moved by Alderman McEachern and seconded by Alderman Kuster that only that action concerning the final a~option of said ordinance at the said meeting of August 3, 1964, be repealed so that final adoption as an emergency measure can hereafter be made at this meeting. The question being upon the adoptidn of'said motion, the roll was called with the followzn~ result: Those Voting Aye: David E. Stapleton Dr. Robert Barnard Werner Kuster William T. McEachern Those Voting Nay: None Those Absent: None 4 members of the Council having voted in favor of said motion, t~e presiding officer declared said motion carried and said action repealed. l~hereupon, it was moved by Alderman McEachern and seconded by Alderman 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 sus- pended for the purpose of permitting the final passage and adoption of sai~ or- dinance at this meeting. The question being upon the adoption of said motion and the sqspension of the rules, the roll was called with the following result: Those Votiqg Aye: David E. Stapleton Dr. Robert Barnard Werner Kuster William T. McEachern -Mavor Harald Pabst Those Voting Nay; None Those Absent: None Five members of the Council having voted in favor of said motion, the pre- siding officer declared said motion carried and thg rules suspended. Thereupon, said ordinance was read by the City Attorney in full for the second time. Whereupon, Alderman Barnard moved that said ordinance heretofore introduced and published, and, after a public hearing thereon, again read in full at this meeting be now placed upon its final passage. Alderman Kuster seconded ~he motion. The question being upon the placing of sa~d ordinance upon its final passage, the roll was called with the folldwing result: Those Voting Aye: Dr. Robert Barnard Werner Kuster William T. McEachern David E. Stapleton Mayor Harald Pabst Those Voting Nay: None Those Absent: None The presiding officer declared the ~otion carried and the said ordinance placed upon its final passage. Alderman McEachern then moved that said ordinance be passed amd adopted as read, as an emergency measure. Alderman Bernard seconded the motion. The question being upon the passing and adopting of said ordinance, the roll was called with the fol- lowing result: Those otzng Aye. Dr. Robert Barnard Werner Kuster William T. McEachern ~.~' David E. Stapleton Mayor Harald Pabst Those Voting Nay: None Those Absent: None The presiding officer thereupon declared that at leas~ ~hree-fourths of all the members elected to the City Council having voted in favor thereof, said motion was carried and the said ordinance duly passed and adopted as read, as an emergency measure. On motion duly adopted, it was ordered that said ordinance be numbered 14, Series of 1964, and after approval by the Mayor be finally published in the Aspen Times, a Series1964 newspaper published and of general~circulation in the City of Aspen, Colorado, and be recorded according to law. Thereupon, the Council considered other business not related to the City's water bonds. Attorney Balcomb referred to letter and statement from Uohn H. Tippit for set- Statement- vices in connection with East Aspen Patent and he will take this up with Attorney Tippit-East Stewart. Aspen Patent Bob Card referred to the east end of Hyman Street feels he owns land which is also claimed by Bob Snyder. Mr. Card would like to have City research this as Card- East land now lies in Riverside annexed area. Mr. Card also asked who inspects public end of Hyman buildings for safety - such as theatres - This was referred to Mr. Kerrigan who will consult the Fire Chief. Mr. Card then referredt o health and saditation of public buildings such as swimming pool - and Mr. Kerrigan will check into this. The Mayor then referred to the City Hall and possible expansion and Council City Hall-survey approved having a survey made by the Mayor and City Administrator. Water policy ordinance - Attorney Balcomb is working on this. Mr. Balcomb then referred to the two lots in Paepcke Park claimed by the Lots in Park Christian Church - Block 67, Lots H.and I.. This was previously handled by Attorney iB1 67- Stewart and Mr. Balcomb will consult him on this. Discussed - dedication of parks. G ' Hans ramzger referred to closing of Dean Street, and he feels it should be Dean St. kept op&n. Ken Moore referred to density and parking and snow fence he put up with City Administrator's permission. Discussed- maintenance of street by City. Communications - City presently using pack station - FCC ruling that Colorado Communications. State Patrol should be in charge that City has until Sept. 30 to establish its frequency. Cost estimate from Motorola - $1800 less trade-in of $300. After further consideration, Council recommended calling for bids on equipment. Ordinance NO. 13, Series of 1964, Sales and Use Tax - discussed - whether receipts from sales and use tax may be used to reduce ad valorem tax; Hans Gramiger Ord. 13,1964 suggested poll by Aspen Times on Ordinance adoption; possible election, and Attorney Balcomb will advise on procedure. A motion was then made by Councilman Stapleton, seconded by Councilman McEachern, Motion to to table Ordinance No. 13, Series of 1964. Roll call - Councilmen Barnard aye; tab%e Kuster aye; McEachern aye; Stapleton aye. Reviewed - expanded monthly statement covering three major funds - General - Monthly state- Water and Electric, and Council favored it. The Clerk mentioned that the additional ment work involved would require extra help. Discussed - Budget -for 1965, This will be reviewed by Council at special Budget meeting on Thursday, September 17, 1964, 3:30 P.M. Budget hearing at regular meeting Meeting of September 21, 1964 and budget Ordinance will be read at that meeting. Police Department - general discussion covered need to protect police officers Police Dept. possible use of dogs. Also agreement with County Commissioners now in effect re- garding use of .jail. Cit~z Administrator to discuss these matters with Chief Hennig. The meeting was adjourned at 6:30 P.M. upon motion by Councilman Stapleton, seconded by Councilman~arnard and carried.