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HomeMy WebLinkAboutminutes.council.19621105 Mayor Garfish called the meeting to order at 7:30 PM. Present were Councilmen Bayer, Newell, Moore and Zordel, City Administrator Humphrey, City Treasure~ Mrs. Taylor, and City Attorney Stewart. The minutes of the previous regular meeting of October 15, 1962, were read, and approved upon motion by Newell, seconded by Bayer, and carried. The City's bills payable were read and discussed, and a motion was made by Newell, seconded by Zordel, to suspend Rule 19 and allow the several amounts. Motion carried unanimously. The Treasurer's report was read by Mrs. Taylor, and accepted upon motion by Newell, seconded by Bayer, and carried. Water samples. Mr. Humphrey reported that 18 water tests had been made, of which 13 were safe and 5 unsafe ( 3 from Hunter Creek and 2 from wells). Discussed, and sending of water samples to the Board of Health is to continue. Mayor Garfish read - letter from Bert Bidwell registering a complaint on the street paving. - letter fmo~ Tom Sardy, Chairman of the Board of County Com- missioners, re contribution to the County Airport. - letter from Mr. Rubey re waterline on Red Mountain - letter from Herbert Bayer re special meeting to consider Z ' recommendations of the Planning and onlng Commission. - Copy of letter fromMr. Wiener re Aspen Hunter Valley Pro- perties. Dr. Barnard spoke for several business men whO were present about the paving pro- gram, and said they were not satisfied with what had been done. Mr. Humphrey referred to funds budgeted for the street program, which were not sufficient to cover cost of contracting the job, so he had undertaken it with the City Crew. Dr. Barnard requested Street that no further work be done on paving at this time, and he suggested that the City Paving Administrator consider all methods, and if necessary, make a special assessment. Dis- Program cussion followed, covering particularly the condition on Hyman~Street caused by the use of the wrong kind of oil. Mayor Garfish informed them that he had hrd~red!!that gravel be laid to correct the condition. Different methods of paving were discussed, and Mayor Garfish instructed Mr. Humphrey to make a complete survey, which is to be referred to the business men. It was decided to do no further paving this fall. Mr. Kane was present regarding the request of Adolph Barailler for a deed. ~ Deed- Mayor Garfish read a letter from Attorney Delaney suggesting that this matter be fur- { Barailler. thor investigated on behalf of the City before making final decision. Copy of the i notice to G. E. Buchanan was given to the City Clerk for the City's files. Attorney Stewart will study letter and make recommendation to Council. Jim Snyder asked if East Aspen Patent included Henry Clay Lode, and Attorney Jim Snyder~ Stewart said it did, subject to oemtain conditions recorded in the Pitkin County East Aspen Court House, and he also said the Bureau of Land Management would make final decision. Mr. Snyder said he would take action regarding his claim to surface rights, Mr. Brinkman again referred to the application liled for a full liquor, license for The Lodge, and he submitted a petition containing 14 names, and three more letters of recommendation, and mentioned that another outlet is not applying for renewal of lic- Liquor license arise. Councilman Moore moved that, since no remonstrances have been filed, and in The Lodge view of the petition and the fact that the Limelite is not reapplying for a license, the application 6f Aspen Properties, Inc., dba The Lodge, be approved. Discussed - no second to previous motion, and Attorney Stewart expressed the opinion that this is the same as tabling the motion, and he said he could find no similar action for com- parison. Councilman Bayer referred to the advice he had received from Paul Adams, the local inspector, that re-application would require publishing for remonstrances, and Mr. Stewart said this is a matter for the State Liquor Licensing Authority to decide. The motion was seconded by Councilman Bayer, and Councilmen Moore and Bayer voted "Aye"; Councilmen Newell and Zordel voted "Nay". As there was a tie, Mayor Garfish voted - "Aye", and the motion carried. Annexation Mead Metcalf inquired about annexation of Rive~side area, and first notice Riverside been published, on November 2, 1962. Mr. Rubey was not present regarding waterline on Red Mountain. Liquor licenses Applications for renewal of liquor licenses effective January l, 196~, were Jan. 1 1962 reviewed~b~Attorney Stewart, and a motion was made by Councilman Bayer to approve renewals the applications of the following, subject to proper completion: The Steak Pit, Inc. The Motherlode Aspen Unlimited-Molly Gibson Aspen Drug Eagles' Club Elks' Club Gertrud M. Meyer for Toklat of Aspen Guido Meyer for Guido's Red Onion, Inc. Aspen Company for Frontierman's Bar i Crystal Palace The Abbey ~ Louie's Spirit House Magnifico Liquors Matthew Drug Tenney Enterprises (3:2 Beer) The motion was seconded by Councilman Newell and carried unanimously. that Contribution- Discussed - contribution to Pitkin County Airport and a motion/was made in Pitkin County Minutes of May 7, 1962. A motion was made by Newell, seconded by Zordel, to con- Airport tribute $1,000.00 to the Pitkin County AirPort, when funds are available. Motion carried unanimously. It was decided to ask for a financial report 6~:.the Airport. Hearing on request from Planning and Zoning Commission for rezoning business 9rea in the West end to tourist - Mayor Garfish said some of the propgFty owners znvolved had contacted him and he had suggested they contact the Counclz. As three publications of notice are required the meeting scheduled for November 20 has been Rezoning postponed. City Administrator Humphrey's report: He recommended salary increase for Eldon McCune from $365.00 to $380.00 a McCune - month effective November 1~ 1962, as provided in the official Code, and this Was con- Sal. Incre8~i firmed by motion made by Beyer, seconded by Zordel, and carried unanimously. Discussed- waterline on Mill Street and possible annexation. Annexation Calderwood annexation petition received. Calderwood After discussion on leaks in watermai~s outside the City limits, the following Leaks~ motion was made by Zordel, seconded by Newell, and carried unanimously: to authorize watermains out- City Administrator Humphrey to send notice that, due to impending winter weather, leaks side City in watermains must be repaired within 10 days of notice, or water will be shut off. First notice of annexation of Riverside has been published. Public Skating Rink - Committee is arranging for use of Bob Murri's property, Public and matter of payment of taxes is being determined. Skatin~ Rink Mr. Humphrey is to contact Frank Rae - as the State Planning Commission is FrankRae- processing payment to him of $3,000.00. St. Planning Discussed - power plant repair. - control and approval of curbs and gutters put in by individuals. - dump maintenance and County participation. Political status . East Aspen Patent - Mr. Stewart has prepared memorandum to go Political statu~ with letter to the County Commissioners, stating that findings indicate that land East Aspen in ~ast Aspen Patent lies within the City of Aspen. Council authorized Mayor Garfish Patent to sign the letter, and Attorney Stewart is to send it with memorandum. Request from G. E. Buchanan for deed - tabled. Deed-Buchanan Quiet Titles - Lots 9 and 10 - Conners Addition - Wieben. Mr. Stewart outlined Lots 9 and t0 court procedure and said judgment allowed reformation of deed to delete these two lot~.. Conners Add'n. A~ extensive research of records had not revealed inf6rm~tion to contest judgment, Wieben Council agreed not to appeal. Quiet title - Lots H and I in Paepcke Park - Mr. Stewat referred to correspondence Lots H & I · with Christian Church regarding these lots in 1947, and expressed, the opinion that the ~aepcke Par~ City could not be successful in a lawsuit, He said the Church had requested exchange for comparable land, and~after discussion, the Council authorized Mr. Stewart to consult the County Commissioners about this. Deeds - Ericksen and Willians and Lillenas - awaiting de~m~iptions. Amendment re contractors' License Fee and opinion re vendors being prepared by Attorney Stewart. Ordinance No. 7, Series of 1962, - An Ordinance Adopting the Budget for the City of Aspen, Colorado, for the Fiscal Year Beginning January 1, 1963 and Ending Ord. No. 7 December 31, 1963, was read in full for the second time by Attorney Stewart, and a 1962 motion was made by Beyer, seconded~by Zordel, to adopt the Ordinance. Motion car- ried unanimously. Ordinance No. 8, Series of 1962, - Annual Appmopriation Ordinance for the Year 1963, Ord. No. 8 was read in full for the second time by Attorney Stewart, and finally adopted~upon 1962 motion by Newell, seconded by Beyer, and carried unanimously. The Clerk referred to several requests that a 5% collection fee be allowed on 5% on Room the gross 2% Room Re~tal Tax collected by operators of rooming houses, and Council Rental Tax. authorized Attorney Stewart to prepare ~mendment to Official Code to cover this. Binders for 8fficial Code discussed - and amotion was made by Beyer, seconded by Binders - Zordel, to order 100 l~ose leaf - five hole- binders-green with gold igprint - from official Code. Kistler Stationery of Denver. Motion carried unanimously. List of uncoliectible accounts in the Electric Department discussed - and re- Uncollectible ferred to Attorney Stewart for further effort to collect. Accounts Ordinance No. 9, Series of 1962 - An Ordinance. Providing for the Licensing of Ord. No. 9 Bicycles in the City of Aspen, Colorado - was read in full for the first time by Series of 1962 Attorney Stewart, and a motion was made by Beyer, seconded by Zordel, to approve the Ordinance and to order it published. Motion carried unanimously. Ordinance No. 10, Series of 1962, An Ordinance Establishing the Aspen Policemen Retirement Plan and Providing for the Retirement of Policemen in the Employ of the Ord. 10 City, Providing Them with Pensions, Providing Detrain Benefits to be Paid Beneficiaries 1962 of Policemen Who Die, Providing for Disability Benefits, Providing for Contributions to be Made by City and Members of Plan, Providing for the Investment of Monies of the Plan and Providing for the General Administration of the Plan,- was read in full for the first time by Attorney Stewart, and a motion was made by Beyer, seconded by Zordel, to approve the Ordinance and to order it published. Motion carried unanimously. Mr. Sprague from Merrick and Company was present. Mr. Humphrey told Council that the Public S~rvice Company felt the electric program report was good, and also said that Public Service Company was interested in buying the system or furnishin~ the power. Discussed- legal aspect of present franchise with telephone company and joint agree- ment for use of poles. Mr. Sprague said he had reviewed records in the Electric Dept. and that he had up-dated the report, which he showed to Council. Mr. Stewart suggested 203 Aspen, Colorado Regular Meeting, Aspen City Council November 5, 1962. Cont'd. Electric that Bob Kirchner as ffscal agent should review the report and the latest revisions. Power Discussion covered need for program to meet the needs of community growth, and desira- Program bi~ity of having preliminary work completed this winter. Councilmen Beyer, Newell and Zordel favored starting on program. Councilmah Moore felt that he would like to make further study before expressing an opinion. Council suggested that Mr. Sprague bring proposed contract to the next regular meeting. It was suggeste9 that the electric report be made available.~to all interested bidders on the bond zssue. The meeting was adjourned at 1:00 A.M. upon motion by Zordel, seconded by Newell, and carried. re