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HomeMy WebLinkAboutminutes.council.19650301 The regular meeting wasfcalled to order at 3:35 P. M. by Mayor Pabst. Present were Councilmen Barnard, Kuster, McEachern and Stapleton, City Attorney Balcomb and City Administrator Kerrigan. The accounts payable were turned over to Councilman Stapleton for checking. The minutes of the previous regular meeting held February 15, 1965, were ap- proved as read. A motion was made by Councilman Stapleton, seconded by Councilman McEachern, to suspend Rule 19 and allow the accounts payable. Roll call vote - Councilmen Kuster aye; Stapleton aye; Barnard aye; McEachern aye. OVerlay Chuck Maddalone explained the overlay map he had done - for utility instmlla- map tion- Council discussed this and commended him on the work. Statement and Certificate of Determination of the Special Election held Feb- ruaz~y 2~, 1965 (Wednesday) on the Special Question "Shall Ordinance No. 13, Series of 1964, of the City of Aspen, Colorado, Special Electi¢ entitled 'An Ordinance to Levy a City Retail Sales and Use Tax Within the City of Aspen, Colorado: Be and Remain an Ordinance of the City Sales Tax of Aspen, Colorado?" was read by the City Clerk, the results being: Statement & Ward Ohe Ward Two Total Certificate YES 3~ YES 58 YES 92 NO 36 No ~6 No. 82 and a motion was made by Councilman McEachern to accept the Statement and Certi- ficate into the minutes. MotiOn seconded by Councilman Bernard. Roll call- Councilrman Kuster aye; Barnard aye; Stapleton aye; McEaehern aye. Motion to pay A motion was made by Councilman McEachern to suspend Rule 19 and to allow the j~dges and Judges and Clerks on the Special Election $20,00 each, plus $2,50 each to two clerks. JUdges and two Clerks for return of the election supplies. Seconded by Councilman Bernard. Roll call vote - Councilman McEachern aye; Stapleton aye; Bernard aye; Kuster aye. Don Fleisher was present regarding an awning over the Hymen Street exit of Galena Street East - that it would be functional - not for advertising,- and after Awning discussion, a motion was made by Councilman Barnard, seconded by'COuncilman Galena St. McEachern, to refer this to the Planning Commission, and to permit erection of the East awning if approved by this Commission. All four Councilmen voted aye. %.~ Mollie-Gibson, Inc. - Attorney Balcomb said he had tried to get a court reporter for the meeting scheduled for February 23, 1965, but was unable to do so. He informed Council that he had been advised by Mr. Chilton of the Liquor Licens- Mollie Gibson ins authority that license would not be cancelled merely because an official, not Inc. having active management, was an alien. After discussion, it was decided that Mr. Kerrigan is to gather all information, get an amended addendum, and a special .meeting wilt be called for further consideration. Applications for rooming house licenses were reviewed, and a motion was made by Councilman Kuster, seconded by Councilman Bernard, to approve the issuance of licenses to the following: Romming The Agate Lodge ~ The Applejack Inn Aspen A's House licenses Aspen Court Aspen Manor Bell Mountain Lodge Blue Spruce Ski Ldg. Buckhorn, Inc. Chalet Lis~ Ghristianiaof Aspen Continental Inn Edelweiss Inn & Chalets The Florad0ra Lodge The Garret Hearthstone House Hillside Lodge Hotel Jerome Independence Lodging Sepp Kessler Apts. Limelite Lodge The Lodge Motion Mountain Chalet Mountainee~r Lodge Norski Lodge & Apts. The Nugget The Pines Roaring Pork Silver Queen Chalet Ski-Vu Lodge The Smuggler Snowflake Apts. St~. Moritz Swiss Chalet Tyrol The Viking The Viking Too The Prospector ~he Vagabond The Villa of Aspen The Westerner All four Councilmen voted aye. Attorney Albert Kern was present regarding request of Ken Moore for vacation Deane Ave. of that portiontol Dearie Avenue on which~,~hisproperty encroaches. He saidthat an vacation easement would inflict a hardship on Moore, for which, due to circumstances in 1959, he is not responsible. Discussed, and a motion was made by Councilman Bernard, seconded by Councilman Kuster, to instruct Attorney Balcomb to draw up an ordinance vacating a portion of Deane Avenue according to the plat submitted ~ by Ken Moore. All Councilmen voted aye. i Retail sales snd use tax - enforcement- Mr. Kerrigan has contacted State ~ Retail Sale: Office- and a public announcement of. the effective date of the Ordinance will be %'~ and Use made when the preliminary work has been done. Tax Mayor Pabst referred to annexation, and Councilman Barnard moved that Annexation City Administrator Kerrigan be authorized to draw up petitions for annexation. petitions~ Councilman McEaehern seconded the motion and it carried with all Councilmen voting aye. Contributions Mayor Pabst said request had been received from Club 20 for a contribution by City amounting to $2,000.00. This was discussed, and placed on the agenda for con- Club 20 sideration when othe~ City Contributions are discussed. Buchanan demand for deed in the East Aspen Patent area. Mr. Balcomb said Attorney Buchanan Chables Stewart has recommended that suit be litigated, and Mr. Stewart will attend demand for the March 15th Council meeting, deed _ Humble Oil ~uit - ruling on motion is pending. Benedict water contract - John Doremus was present. Discussed - bill of sale ~ does not spell out pressure level - contingent liability- the $2,500 the City has Contract wi~hh~ld on present contract - need to switch some service lines in Aspen Grove - Benedict that system would be operated according to City Ordinance. Attorney Balcomb re- commended that new contract be submitted to Benedict for signing, and if this is water done, then contratc be referred to Council. Improvement Distr~ct No. 2 - Mr. Kerrigan reported that paper work has been Improvement completed - that 3ce McAllister is now working in field and response is about equal- District No.2 ly divided between for ~nd against the street improvement district. City Administrator Kerrigan referred to letter from the Building Inspector recommendin~ adoption of the 1964 Edition of the Uniform Building Code - the 1964 Amendments Uniform Housing Code - and the latest edition of the National Fire Protection to Code Association Building Exit Code. Amotion was made by Councilman Barnard, seconded by Councilman McEachern, to instruct Attorney Balcorab to draw up the ordinances as Motion recommended by the Building Inspector. Ail four Councilmen voted aye. Mr. Kerrigan referred to claim for damage to impounded car - amounting to $140.00. Car damage Claimant did not appear - no action taken, claimed. Discussed- loss of articles from Walt Connolly's car - and a motion was made by Councilman Barnard, seconded by Councilman Kuster, to instruct City Administrator loss claim Kerrigan to negotiate with Walt Connolly regarding settlemeDt. Roll call - Council- Connolly man Staple~ton Nay; Councilman McEachern aye; Barnard aye; Kuster aye. The motion carried. Planning Commission - matters ~ill pending : Master street plan Contract - ~ong range plan consultant Recommendation Fire Station Extension. Attorney Balcomb referred to Lots H and I Block 67 - Paepcke Park~ there will B1 67- be a pre-trial conference in April - 2:00 PM in Glenwood ~prings - (#325~ - Sephrona) Lots H and I April 12, 1965 - . Mr. Balcomb has contacted church officials who indicate willingness Paepcke Park to consider exchange of property - to be discussed further. Title Guaranty Policy on Lots N.O.P. -~Block 93 (Herald Pabst to City of Aspen) Lot O B1 Attorney Balcomb has talked with Sam Howell, Pitkin County~Abstract Co., who said 93 survey would be required to include "all of Lot O". Council approved having survey Survey ~- ~made. Mr. Bob Craig, who said he was a representative of Citizens for Better Aspen- Law wnforce- 25 members - referred to police situation as presentfgg a serious problem, not~ ment being adequately handled; and h~ presented to Council a petition bearing ll7 sig- natures - requesting better law enforcement. Petition Bill Tharpe referred to the petition and problem of law enforcement. Then Discussed - whether the police chief is doing his job, and City Adminis- Police Chief trator Kerrigan su~ggested Council go into executive session. Councilman Kuster then moved to dismiss Police Chief. Hennig with two weeks Motion severance pay. Attorney Balcomb referred to section in the Municipal Code - 1-19-1 - and advised that there would have to be a hearing. Councilman Kuster amended his motion to suspend the Police Chief from his duties pending an official hearing. Discussed - an anonymous phone call to Councilman Kuster regarding incident involving a woman and the Police Chief at the Airport~. The motion was then seconded by Councilman Bernard. Miss Fischer asked Mr. Kerrigan why he disagreed with Councilman Kuster. Ker- rigan repli&d that he had worked with C~ief Hennig and cited incidents of police investigation involving transient employees. Mr. Tharpe referred to lack of faith in the police department. A motion was then made by Councilman Bernard, seconded by Councilman McEachern, to table the motion made by Councilman Kuster. Roll call vote - Councilman Barnard Motion aye; Kuster aye; Stapleton aye McEachern aye. Hans Gramiger referred to trees in ba~ condition - NW corner of~Third and Trees Smuggler - which he felt should be removed, or for which the City should assume resPonsibility. City Administrator to handle. Mr Gramiger also asked if commis- . sion would be allowed him if he i~abl9 to effect a satisfactory exchange of pro- ~ perry for the dump site. This is to bo considered further. A motion was made by Councilman Kuster that Council go into ~xecutive session- Executive at 6}15 PM - seconded by Councilman McEachern, and all Councilmen voted aye. Coun- Session cll then interviewed Chief Hennig. A motion was made by Councilman Barnard, seconded by Councilman Kuster, that Motion Council come out of executive session - at 7:10 PM. All Councilmen voted aye. Aspen, Colorado Regular meeting Aspen City Council March 1, 1965 Continued. The regular meeting was then resumed, and Council decided to have Attorney Balcomb make an investigation of the ~harges against Chief Hennig. The meeting was adjourned at 7:12 PM upon motion by Councilman Barnard, seconded by Councilman Kuster and carried.