HomeMy WebLinkAboutminutes.council.19650405 Aspen~ Colorado Regular Meeting Aspen City Council April 5~ 1965.
Mayor Pabst called this regular meetin~ to order at 3:35 P. M.. Present
were Councilmen Stapleton, McEachern, Kuster and Barnard, City Attorney Balcomb,
and City Administrator Kerrigan.
The bills payable were given to Councilman Kuster for checking.
The minutes of the regular meeting of March 15w 1965, were approved asread.
Liquor Liquor License Hearing:
Licenses-
Application for Independence Company - restaurant - Mr. George Robinson
Independence Co was present and referred to fact that no new licenses have been issued, and to
the growth of Aspen ; he felt more licenses would be in order and said the
Independence Restaurant would be run in a first class manner. Discussed -
motion made at the regular meeting of March 15 rescinding Council action pre-
viously denying license. A motion was then made by Councilman Barnard, seconded
by Councilman McEachern, to approve the application and grant a liquor license
to the Independence Company. Roll call ~ote - Councilman McEachern aye;
Stapleton aye; Barnard aye; Kuster aye. There were no remonstmances.
Councilman Kuster moved to suspend Rule 19 and to allow the bills payable.
His motion was seconded by Councilman Barnard. Roll call - Councilmen Me-
Eachern aye; Barnard aye; Stapleton aye; Kuster aye.
Application- The application of the Steak Pit Inc., dba Tke Steak Pit, for a beer, wine
Steak Pit Inc. and spirituous liquor license was then reviewed - and Mayor Pabst asked why Mr.
Guy wanted to change from his present license- beer and wine only- and he
said many of his customers wanted the additional service. There were no remon-
strances.
It was then moved by Councilman Kuster, seconded by Councilman Barnard, to
grant the full liquor license to the Steak Pit Inc., dba The Steak Pit. Roll
call vote Councilmen McEachern aye; Stapleton aye; Barnard aye; Kuster
aye.
Molly Gibson- The application of John P. Waldorf as receiver of the Molly Gibson Bar and
Receiver Restaurant, for a full liquor license, was then reviewed- Mr. Kerrigan informed
Council that there were no derogatory findings - and there were no remonstances.
After discussion, Councilman Stapleton moved to grant a full liquor license to
3ohn P. Waldorf as re~eiver of the Molly Gibson Bar and Restaurant. Council-
man Barnard seconded this motion. Roll call vote - Councilman McEachern aye;
Kuster aye; Stapleton aye; Barnard aye.
Covered sidewalk - Bidwell building at the corner of Galena and Cooper-
Mr. Sterling requested approval for a covered sidewalk, and for an encroachment
of 6 inches into City. property of the footing lO feet underground. This is to
be referred to the Planning Commission for recommendation.
Mr. Kerrigan then distributed copies of"Job Analysis Study"- prepared by
the Colorado Department of Employment - and Mr. Norman Sandberg of the Special
Services Section outlined the procedure and subsequent follow-up. City Admin-
istrator Kerrigan will work up the pay schedule and present it to Council at
the next meeting.
Retail Sales and Use Tax - discussed- x~ possibility of law suit.
Buchanan demand for deed - East Aspen Patent - Mr. Char~s Stewart was unable
to attend meeting. Discussed - Mr. Holder is to complete the map from instructions East Aspen
already given to indicate areas in conflict- deeds not yet applied for- and pend- Patent-
ing Without suit - and unclaimed areas. Attorney Balcomb advised that, if over-
lapping deeds have been issued, the disputes would be between the individuals
involved. Mr. Holder wilt have map ready for next meeting.
Ordinance No. 1, Series of 1965 - An Ordinance Vacating a Certain Portion 6f Ord. 1,1965
Dean Street Abutting on and Adjacent to the We~ Line of Block 97 in the City of Dean St. Vacatior
Aspen, County Of Pitkin, Colorado, and Declaring an Emergency to Exist, was read in
full for the second time by Attorney Balcomb, and a motion was made by Councilman
Barnard, seconded by Councilman Stapleton, to finally adopt and approve Ordinance
No. 1, Series of 1965. Roll call vote- Councilmen Kuster aye; McEachern aye;
Barnard aye; Stapleton aye.
Rooming House Licenses - discussed - and a motion was made by Councilman
Stapleton, seconded by Councilman Kuster, to approve issuance of licenses to Rooming
Tipple Inn and. Town Place The Bunkhaus House licenses.
Roll call vote - Councilmen Kuster aye; Stapleton aye; Barnard aye; McEaohern
aye.
Discussed - application of the Falcon for a rooming house license - and
their violation of the occupancy provision of the Municipal Code, and a motion was Tabled-
made by Councilman McEachern, seconded by Councilman Barnard, to table~ this ap- 'Ahe Falcon
plication until the next regular meeting. Ail Councilmen voted aye.
Mayor Pabst reported that the International Police Chiefs' Association will Surveys
send a representative to survey the Police Department, and the International City
Managers' Association will send representative to survey City administration- at
no cost to the City.
Ordinance No. 2, Series of 1965 - An Ordinance Providing for the Regiatration
of Employees in Occupations and Industries Critical to the Economy of the City of Ord. 2,1965
Aspen, Colorado, and Vicinity, and Declaring an Emergency to Exist- discussed, and Employee
letter from the Chamber of Commerce recommending adoption, was read- and the Ordi- Registration
nance was then read in full for the first time by Attorney Balcomb; and a motion
was made. by Councilman Barnard, seconded by Councilman McEachern, to approve
Ordinance No. 2, Series of 1965, and to order it published. Roll call vote
Councilman McEachern aye; Stapleton Nay; Kuater aye; Barnard aye.
Hearings on the Registration Ordinance - Monday, April 12, 1965, at 8:00 PM Hearings
in the District Courtroom, and at the regular meeting of the City Council~in the
Council Chambers en April 19, 1965, at3:30 P.M.
Dog control - need for program of enforcement discussed - and Mr. Kerrigan is Dog control
preparing draft for amendment.
Ordinance No. 3, Series of 1965 - An Ordinance Amending Ordinance No. 13~
Series of 1964~ Providing for the Levy of a City Retail Sales and Use Tax Within Ord. 3,
the uity of Aspen, Colorado, to £1mlnate tba Requirement that a Fee Be Paid for 1965
the Licenses Therein Required, and Declaring an Emergency to Exist, was read in
full for the first time by Attorney Balcomb and a motion was made by Councilman
Barnard, seconded by~ Councilman McEachern to approve Ordinance No. 3, Series of
1965, and to order it publ'ished. Roll call vote Councilman Kuster aye;
Stapleton aye McEachern aye; Barnard aye.
Ordinance No. 4, Series of 1965 An Ordinance Amending Chapter 1 of Title 4 Ord. ~, 1965
of the Official Code of Aspen, and PrgE~ing for the Adoption, with Minor Varia-
tions, of the U~-iform Building Code,/~{~ion of the International Conference of
Building Officials, 50 South Los Robles, Pasadena, California, and Declaring an
Emergency to Exist~ was read in full for the first time by Mr. Balcomb - and ap-
proved and ordered pu~llshed upon motion by Councilman McEachern, seconded by
CoUncilman Stapleton. Roll call vote - Councilman Kuster aye; McEachern aye;
Barnard aye; Stapleton aye. ·
Ordinance No. 5, Series of 1965 - An Ordinance Adopting the Uniform Housing
Code, 1964 Edition, Prepared by the International Conference of Building Officials, Ord. 5,1965.
50 South Los Robles, Pa~sadena, California, 91101, and Declaring an Emergency to
Exist, was read in full*Sy Attorney Balcomb, and a motion was made by Councilman *first reading
Kuster, seconded by Councilman Barnard, to Approve Ordinance No. 5, Series of 1965,
and to orcler it published. Roll call - Councilman Stapleton aye; Kuster aye;
McEachern aye; Barnard aye.
Ordinance No. 6~ Series of 1965 - An Ordinance Adopting the Building Exits
Code of 1963, Prepared by the National Fire ProteCtion Association of 60 Battery- Ord. 6
march Street, Boston, Mass. 02110, and Declaring an Emergency to Exist, was read in 1965
full for the first time by Attorney Balcomb - and a motion was made by Councilman
Stapleto~, seconded by Councilman Kuster, to approve this Ordinance and to order it
published. Roll call- Councilman Barnard aye; Kuster aye; Stapl~ton aye; ~
McEahhern aye.
It was then resolved by Councilman Barnard that the City Clerk is to give
notice of h~arings on Ordinances 4, 5, and 6, on May 3, t965, at the Council Chambers Hearing on
at 3:30 PM. This was seconded by Councilman McEachern. Roll call - Councilman Ordinances.
Barnard aye; McEachern aye; Stapleton aye; Kuster aye.
Sub-Division Regulations - Ordinance pending.
Humble Oil to
Suit Attorney Balcomb informed Council that the City Clerk has/To Denver with the
City records on Zoning Ordinance No. 6, 1956 - and amendments thereto - Ordinance
No. 10, 1960 so that the attorney for Humble Oil Company suit - Leslie Gross-
may go over these in the office of the City's representative - Zar~engo, Zar~engo
and Seavy.
Knight Club ~ The Knight Club, Inc. - suspension of license and subsequent injunction -
Inc. will be heard in the District Court, April 6, 1965, at ~00 PM.
Lots- Paepcke Lots in Paepcke Park - the attorney, Mr. Montgomery, is in town and Mr. Kerri-
Park. gan will show him some City property that might be exchanged.
Improvement District No. 2 - Mr. McAllister said petitions are coming in - and
will determine status. Discussed - type of paving and condition of the State
Improvement Highway - Route 82 - Ken Ward feels CounciR. should consider the base very care-
District N°. fully. Considerable discussion followed on type of paving - flexible base or soil
2 cement - and procedure that would follow if petitions are changed - formig smaller
districts - calling in expert for recommendation - and a motion was made by Council-
man Stapleton~ seconded by Councilman McEachern, to retain Joe MeAllister until
April I9, 1965, with decision on Improvement lstrlct No. 2 to be made at the
meeting of that date. Roll call vote - Councilman KUster nay; Councilman Bernard
Nay; Councilman McEachern aye; Stapleton aye; Mayor Pabst aye.
Gasoline and Deisel Bid - and a motion was made by Councilman Bernard,
Bids- gasoline seconded by Councilman McEachern, to accept the low bid of 15.18¢ per gallon of
and diesel gasoline submitted by Sinclair Company, and the low bid of 12.89~ per gallon of
fuel diesel fuel submitted by Texaco. Roll call vote Councilmen Stapleton aye;
McEachern aye; Bernard aye; Kuster aye.
Bid on the aerial ladder - electric truck - no longer needed. A motion was
Bid - la,der made by Councilman Bernard, s~conded by Councilman Kuster, to accept the 6ne bid
submitted from 3ohnson Electric Co. of Pueblo - $412.00. Roll call - Councilmen
Stapleton aye; Barnard aye; McEachern aye; Kuster aye.
Pipe and Cast iron pipe and hydrants - discussed- and Councilman Bernard moved for
Hydrants the suspension of Rule 19 and approval of an expenditure of approximately $5,000.00,
as indicated on Purchase Order No. 138, March 23, 1965 to Pacific States Cast
Motion Iron Co. Seconded by Councilman McEachern. Roll call-Councilmen' McEachern aye;
Barnard aye; Stapleton aye; Kuster aye.
Walt Connolly - claim for articles lost from car - discussed - and a motion
Claim- was made by Councilman Bernard, seconded by Councilman McEachern, to suspend Rule
W, Connolly 19 and to allow $200.00 for loss of various articles - to Walt Connolly as recom-
mended by City Administrator Kerrigan. Councilman Kuster aye; Bernard aye;
~' Motion McEachern aye; Stapleton Nay.
Mr. Kerrigan read letter from Attorney Stewart reporting an accident (Catherine
Accident-Moyer C~ Moyer). Copy to be sent to Stapleton Agency.
Alternate Alternate parking and recommendation from Mr. Kerrigan discussed. Attorney
parking Balcomb advised that this can be done as an engineering project- with Ccuncil
approval - and Council concurred in this.
Police Dept. salary increases - upon recommendation from City Administrator
Police Dept. Kerrigan - a motion was made by Councilman StaDl~ton, seconded by Councilman Kuster,
Salary increases to adjust the pay rate as follows until new schedule of salaries is adopted;
Chief of Police $555.00 per month eff. April 1, 1965
David Benson 458.00 "
Andrew Lapato 480.00 " " Eff. " " "
Richard 3ervis ~80.00 " " Eff. " B, "
Roy Masterson 504~00 " '~ Eff. " 3, 1965
Roll call - Councilman McEachern aye; Kuster aye; Bernard aye; Stapleton aye.
City Administrator Kerrigan reported that Charles Smith had been appointed to
City Sales set up the Sales Tax records at $2.00 per hour. This was approved by motion of
Tax-administra- Councilman McEachern, seconded by Councilman Stapleton - roll call; Councilmen
tion. Bernard aye; McEachern aye Kuster aye; Stapleton aye.
Sam Lum, City Treasurer, requested that Charles Smith be appointed Deputy to
City Treas. handle the details of the Retail Sales .and Use Tax. A motion was made by Council-
Deputy app't. ~ man Stapleton that Ohabte~ Smith be duly appointed as the City Treasurer's Deputy
as provided in the Ordinance No. 13, 1964. Motion seconded by Councilman Bernard,
Roll call vote Councilmen McEachern aye; Bernard aye; Stapleton aye;
~usBer aye.
Sig~s- in Mr. Kerrigan showed reports and pictures of sign violations - Blue Spruce
violation. Ski Lodge and Fred Iselln Ski School - discussed- and to be handled as provided in
the ordinance.
The Mayor Read letters from the Planning Commission, dated April 1, 1965:
Re-simultaneous annexation and zoning - discussed.
-drawings of proposed new buildings on City property - tabled and request
Planning Commission to come to Council meeting for discussion.
-addition to Fire Station,. and Commission's recommendation to post-
p~e action for study by planning consultant.
Fire Station A motion was then made by Councilman Stapleton to table the matter of addition
Motion to the Fire Station until the planning study is completed. There was no second to
this motion.
A motion was then made by Councilman Bernard, seconded by Councilman Staple-
ton - to allow the Fire Department to g~ ahm~dand put the addition on the =ire
Aspen, Colorado Regular Meeting Aspen City Council April 5, 1965 Continued.
Station at their own expense. Roll cai1 - Councilman Kuster aye; McEachern aye;
Barnard aye; Stapleton aye. r~,
The State of Colorado is to adopt Dayl±ght Savings Time from April 25, 1965 to Daylight
October 31; 1965. Savings Time
The follow±rig letters were read by Mayor ?abst and taken by him to answer. Gerard Sanderson re snow removal.
Two letters re article on "surfers" in Life Magazine.
Colorado SP 62 -~Project No. Sanitary Sewer System $4,400.00 - Federal Funds
advanced to the City by the Federal Government for sewer in 1947. Engineering was Sanitary
completed but project was not started. The foll~wimg,Resolution was read by At- Sewer Project
torney Balcomb: Federal Funds
RESOLUTION
WHEREAS, the United States of America has heretofore made a~i advance,
pursuant to an agreement dated June 24, 1947, to the City of Aspen, Colorado,
in the amount of $~,400.00 for the purpose of plan preparation of the public Resolution
work described.in the agreement as a "new sanitation ~stem~and treatment
plant" and,
WHEREAS, by the use of the Federal advance the City of Aspen, Colorado,
caused to be prepared plans and specifications for the public work described
in the aforesaid agreement, and
WHEREAS, no construction'has been ~ndertaken Of the project or any portion
thereof described in the aforesaid agreement dated as of the 24th day of
June, 1947, and
WHEREAS. there is no reasonable likelihoods.of the planned project or any
portion thereof b~ing undertakem because a sanitation district called the
the
Aspen Sanitation Diserict was formed subsequent to ~ preparation of plans
and specifications by the City of Aspen, Colorado. Such district caused to be
prepared its own plans for a sanitary system and treatment plant, and has com-
pleted construction of the same. Such facilities were designed and 'built
without use of or reference to the plans and specifications prepared hy
virtue of the above referred project.
~OW, THEREFORE , be it resolved by the City Council of the City of Aspen,
Coloradothat as there is no reasonable likelihood of the project or any
portion thereof as planned woth the Federal advance ever being placed under
construction for th~ reasons set forth above, the Housing and Home ~inance
Administrator be requested to make determination that the agreement dated on
the 24th day of June, 1947, be terminated and that the City of Aspen, Colo-
rado be relieved of all liability thereunder.
This resolution is adopted pur~suant to the authority provided by
139-31-1 1963 CRS
A motion was made by Councilman McEachern, seconded by Councilman Stapleton, Motion
to adopt this Resolution. ~4~Y%~XR~MJ~M~MM~L~X~%~. Roll call vote:
Councilmen Kuster aye; Stapleton aye; Barnard aye; McEachern aye.
Hans Gramiger (Hans of Aspen Realty) was present and the Mayor read his letter ted
April 5', 1965, re new dump site. Council reviewed proposed site on map and this Dump site
was discussed - no action taken.
The meeting was adjourned at 7:30 PM Upon motion by Councilman Kuster,
seconded by Councilman Barnard and carried.