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HomeMy WebLinkAboutminutes.council.19641221 Mayor Pabst-called the regular meeting to order at 3:30 P~, with Councilmen Barna~d, Kuster, McEachern and Stapleton, City Treasurer Lum,~ and City Administrator Kerrigan present. Attorney Baleomb came in later. The minutes of the regular meeting of December 7, 1964, and the special meetings of December 11 and 16, 196~, were approved as read, after discussion regarding the · Ray houses and D~ Barnard's letter to the Aspen Times. Regula~ inspections are bray houses, being made on these houses, and* the Building Inspector and the City Administrator are watching them; also the Building Inspector has ssnt letter re non-occupancy of the house on East Hyman Street. Councilman McEachern, having checked the City's bills, moved for ~he suspension of Rule 19, and the payment of the accounts. -Motion seconded by Councilman Kuster. Roll call - Councilman Barnard aye; Kuster--aye; McEachern aye; Stapleton aye. A motion was made by Councilman Stapleton, seconded by Councilman Kuster, water rate to confirm the motion made at the special meeting of December 11, re inside water high school rateto new high school and preparation of ordinance. Roll call- Councilman Bal~.ard aye; Kuster aye; McEachern aye; Stapleton aye. Ordinance No 13, Series of 1964 - an ordinance levying a retail sales and Ord. 13,1965 use tax ~ithin the city of Aspen, Colorado, discussed. The petitions ~iled op- Sales Tax posing this ordinance stop anforcement a~ of January 1, 1965. Date of election on Ordinance No. 13 discussed - and a motion was made by Councilman Kuster, seconded by Councilman Barnard, that the date of the election is to be February 16, 1965. Roll call Councilman Barnard aye; Kuster aye; McEachern aye; Stapleton aye. Ord. 20,1964 Ordinance No. 20, Series of 1964 - An Ordinance Repealing the Previous Traffic Ordinance and Adopting, with Minor Variations, the "Model Traffic Code for Colorado, Municipalities, 1962", Providing for Penalties for a Violation of this Ordinance Hearin~ and Declaring an~ Emergency to Exist" was read in full for the second time by Mayor Pabst. This being the date of the hearing on this Ordinance, the Mayor called for discussion or comments from the floor. There being no response, a motion was made by Councilman Barnard, seconded by Councilman Kuster, to finally adopt and approve Ordinance No. 20, Series of 1964. Roll call vote: Councilman Barnard aye; Kuster aye; McEachern aye; Stapleton aye. - Aspen Fire District - Mr. Kerrigan showed plans for proposed addition on Fire house back part. Discussed fire escapes and 7 fdot easement, and whether variance addition would be required on alley. This is to be referred to the Planning Com~nlssion for : recommendation. ~_~ Wheeler Wheeler Opera House - extension of lease - Attorney Balcomb will have this ~pera House ready for the January ~th meeting. lease Discussed Improvement District No. 2 and i~itial stateme~ from Davis Holder. Improvement A motion was made by Councilman Barnard, seconded, by Councilman Stapieton, to District No.2 authorize proceeding with Improvement lstrlct No. 2 Roll call Councilman Kuster aye; Barnard aye; Stapleton aye~ McEachern aye. Application Discussed ~ application i 3:2 Beer for Honeybucket of Aspen and hearing on 3:2 Beer. 3anuary 4, 1965, was confirmed. A ' ppolntment of auditor - discussed - and a motion was made by Councilman Barnard, seconded b~ Councilman McEachern, to empower City Administrator Kerrigan City Auditor to hire R. H. Lester as City Auditor.. Roll call - Councilman Barnar~ aye; Kuster aye; McEachern aye;. Councilman Stapleto~ voted "nay". ihe motion ~carriedo Dr. Barndrd referred to a ca~(Hen.~y J) impounded by the police from in front of Jim Hayes' house. Mr. Hayes informed Gouncll that most of the snow on Car-damage that street had been plowed over to his side of the street, enclosing his car, Hayes. and he had been uaable to di~ it out. When he came to redeem his car, he said, he found it "bashed in" and ~he battery missing. After discussion, Mr. Kerrigsn w~s instructed to look into damage. Kerrigan also referred to complaint filed by Mr. IIayes' motherlin-law re ~25.00 damage as a result of flooding in basement and this was discussed. Mayor Pabst referred to Humble Oil suit and said he had received a call from Humble Oil their public relations man, and postponement~was suggested. Attorney Balcomb said Suit. this would not prejudice the City's posi~ion. Discussed - Zarlengo, Zarlengo and Scary had been contacted, and they will handle the filing of the motions in the Humble Oil suit. A motion was made by Attorneys- Councilman McEachern to authorize Mr. Balcomb to engage Zarlengo, Zarlengo and Motion Se~vy to act for the City in the Humble Oil suit, subject to satisfactory fin- .. ancial arrangements. The motion was seconded by Councilman Barnard. Roll call vote - Councilman Barnard aye; Kuster aye; McEachern aye; Stapleton aye. Councilman Barnard referred to Humble Oil suit - and said he understood that ~. Dr. Eurich ( Aspen Institute) is not Opposed to a well designed gas station, and he also ~eferred to the Mayor's veto of the rezoning ordinance. Dr. Barnard said M · ot~on- he felt ~ayor Pabst should disqualify himself in this matter due to his connection to disqualify with the Institute, and Councilman Barnard then moved that Mayor Pabst disqualify Mayor himself from all participation in the Humble Oil suit. Discussed- that there would be no grounds until he is actually involved. Mayor Pabst said, when conflict arises, he will decide on his action, and and that he feels it would b~ better to have a;~well designed gas station than to lose the zoning ordinance. There was no No second. second to this motion. Attorney Balcomb was instructed to contact Attorney Seavy re ~dditional time to file motions. Transient employee registration - ordinance - Mayor:Pabst would like to include Transient ~ construction workers and plumbers, electricians etc. Attorney Balcomb is dubious employee in view of recent civil rights decrees, and feels it would be better to confine it registration to the tourist industry. Discussed, and this ordinance was tabled until more in- formation has been obtained from the police department by Mr. Kerrigan. Attorney Balcomb reported - G. E. Buchanan demand for deed - report not yet Deed- ~ubmitted by Attorney Cha~es Stewart. Buchanan Ordinance No. 21, 1964 - An Ordinance Amending Chapter 3 of Title III of the Official Code of Aspen, Colorado, the Same Relating to the Water Department of the Ord. 21,1964 City of Aspen, Colorado, Establishing Changes in the Rates and Charges for the Use of Water, Prescribing ~he Conditions under which Water May Be Used, and Establishing Penalties for Violations of the Code and Ordinance, and Declaring an Emergency to Exist, read in full for the first time by Attorney Balcomb, and discussed. A motion was made byCouncilman. McEachern, seconded by Councilman Kuster, to approve Ordinance No. 21, SerLes of 1964, and to order it published. Roll call vote- Councilmen Barna~d aye ; Kuster aye; McEachern aye; Stapleton aye. Aspen Sanitation District - Mayor Pabst ~aid it would be legal for City to take over if Sanitation Board would so approve, and if City can work out purchase Sanitation agreement. Council instructed City Administrator K~rriganto contact the Board of District- Directors and to expbre possibility of the City purchasing the present sanitation system. Community Gommunicationscenter discussed and. M~. Kerrigan was appointed as Communications City representative to attend a meeting with the County Commissioners on this matter. Center. Mayor Pabst said Mr. Chilton of the State Liquor Licensing Authority had visited local bars, with three inspectors. Mayor Pabst referred to Lo~s N and 0 and West 22 1/2 feet' of Lot P behind the City Hall which he had purchase so that they would be available to the City, for $15,750.00. Terms to the G~ty would be .plus ad~alorem taxes to date of s la.) $2,235.00 down paym~e.~ (corrected to $2,964.00~at meeting Jan ~,1965) See Correctie~ six annual installments payable July 20th of $2,000.00 each 3an 4, 1965 one additional final payment of $1,000.00. Interest would be 6% and prepayment would be allowed. A motion was made by Councilman Barnard, seconded by Councilman Kuster, to To purchas~ purchase these lots. Discussed - that it would be better to handle On installment lots. ~' basis. A ten year restriction on the City's selling these lots will be included in the deed. Roll call - Councilman Barnard aye~ Kuster aye; McEachern aye; Stapleton aye. Discussed - troublM in Galena Street East caused by Edmund Gerbaz. Don Fleisher Get'az-Galena was present during discussion. St. East Discussed - Benedict Land and Cattle Company agreement on waterline - Riverside. Benedict- ant City Administrator Kerrigan recom~anded, based o~ study by Dale Rea, that the waterline agreem City pay $5,350.00 and enter into another contract. Discussed, and a motion was made To pay by Councilman McEachern, to suspend Rule 19, and to pay $5,350.00 o~ the Benedict Land and Cattle agreement. Then discussed - c~ndition of tanks and the City Administrator~ is to check th~m. Motion was seconded by Councilman Barnard. Roll Motion call vote- Councilman Barnard aye; Kuster aye; McEachern aye; Staple~on aye. Discussed- master stmeet ~n - must be adopted. Mayor Pabst read letter from Chamber of Commerce approving Council action on rowdyism, and Councilman McEachern said school is co-operating. Discussmd - fiscal agent and b~nding attorngy for Improvement District No. 2, Bids-Distr. andbids will be invited. No.2 The meeting was adjourned at 6:30 PM upon motion by Councilman ~uster, seconded by Councilman Barnard and carried.