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HomeMy WebLinkAboutminutes.council.19640120Aspen, Colorado Regular Meeting, Aspen °ity Council January 20~ 1964 The meeting was called to order at 3:~0 PM by Mayor Pabst. Answering the roll call were Councilman Kuster, McEachern and Stapleton, and Councilman Barnard came in shortly thereafter. Attorney Balcomb and City Treasurer Lum were also present/ Council requested ~ouncilman Stapleton to check over the accounts payable. The minutes of the regular~ meeting of. January 13, 1964, were read and approved. Mayor Pabst then outline~ fees for the City Attorney, and a motion was Attorney's made by Councilman Barnard, seconded by Conncilman Kuster, that the City At- Fees. torney's fees are to be $100.00 for each meeting, and $15.00 and hour for all other outside work and consultations. Motion carried on roll call- Councilman Barnard aye ~- Councilman Kuster aye- Councilman McEachern aye Councilman Stapleton aye. Pending liquor license applications:- Liq. Licences Glen Rose Drug - Clinton Stewart submitted plans and specifications to be Glen Rose filed with the City Clerk. Discussed - written notice - tabling. Dru~ Mayor Pabst read letter from Dan Wiegner re liquor license for the Smuggler, The Smuggle requesting that this be tabled as all plans and specifications are not yet com- No.1 Main plete. A motion was made by Councilman Stapleton, seconded by Councilman Barnard, to table the liquor license application~ for Number One Main COrporation To Table (The S~ug~er) indefinitely, as requested. Motion carried-wi~'all ~euncilman voting "aye". Councilman Barnard then moved that the liquor license applications of Glen Tabled- Ro~e Drug Store and the Independence Restaurant Co. be tabled until the meeting Glen Rose & of February 3, 1964, at which time there will be a formal hearing. Motion car- Ind. Co. Rocky Mtn. Gas tied with all Councilmen voting "aye". 2% Franchise Tax to Ed Lynch of the Rocky Mountain Natural Gas Co., gave report on the-2% franchise Uity tax - 1963 $1,538.59 I 1964 $2,390.00. ! He will furnish copy of report to the City, also up-to-date maps of installations. ~ John Reed of the Rocky Mtn. Gas Co. was also present to answer any questions -<'~: the Council might have. Councilman Stapleton referred to complaints received by the fo~mer Council. Reed said they are trying to keep up with the service calls, and requested that all complaints be referred to them immediately and said some communities appoint one Councilman to handle this. Attorney Balcomb's report: ordinance No. 2, Series of 1964, AN ORDINANCE AMENDING SECTION 11-1-5 OF THE OFFICIAL CODE OF ASPEN, COLORADO, TO ADD A SUBSECTION THERETO PROHIBITING Ord. 2 ANY FACILITY IN THE TOURIST AREA FROM DISPENSING OR SELLING FERMENTED MALT BEV- 1964 ERAGES OR MALT, VINOUS OR SPIRITUOUS LIQUORS, AND DECLARING AN EMERGENCY ~ Zoning Amend. was read in full for the first time by Attorhey Balcomb, and a motion was made by Councilman Barnard, seconded by Councilman Kuster, po approve Ordinance No. 2, Series of 1964, and to order it published. Motion carried on r011 CAL1- M Councilman McEachern aye- orlon COuncilman Barnard aye - Councilman Kuster aye Councilman Stapleton aye/ HEARING - Discussed - date of h~aring on zoning (Ord, No. 2, Series of 1964) and a motion was made by Dr. Barnard, seconded by Councilman Kuster, to set the date 6f M otzon the hearing as March 9, 1964. Motion carried on roll call - Councilman Barnard aye Councilman Kuster aye - Councilman McEachern aye- Councilman Stapleton aye. Attorney Balcomb then read the foll~wing Resolution: R E S O L U T I O N WHEREAS, the alcoholic beverage business, because' of its effect upon the moral fiber of the community, must, to a greater extent than other types of business, be subject to control; and RESOLUTION Liquor lic. WHEREAS, the General Assembly o~ X~ Colorado by Senate Bill No. 66 application approved May 6, 1963, by amendment of Article 2 of Chapter 75, C. R. S., 1953, procedure, as amended, provided procedures for application for "new licenses" as in said amendment defined; and WHEREAS, certain investigations are being made and hearings conducted, and determinations made before alcoholic beverage licenses can be issued; and WHEREAS, the proper and efficient conduct of the corporate affairs and businsss of the City of Aspen, Colorado, requires the establishment of orderly procedures in the filing, processing and investigation of applications for the licensing of establishments engaged in the alcoholic beverage business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the C~y of Aspen, Colorado, that all applications for licenses of any kind made' to the Olty of Aspen, Colorado, pursuant to the provisions of Chapter 75, C. R. S., 1953, shall follow the procedures hereinafter-set forth. 1. All licensees shall pay in advance all fees payable to or through the Cit~ on account of such licenses. All such fees shall be returned to applicant if license does not issue. 2. Applicants for renewal of licenses issued pursuant to Article 1, Chapter 75, C. R. S., as amended (Fermented Malt Beverages) shall apply for renewal a~ least 30 days prior to renewal. 3. Applieants applying for transfer of'any existing license shall include with such application a financial statement of the transferee and a report 9f the City Building Inspector showing that the'premises conform to all requirements of the Building codes. 4. All "new license" applications as defined by 75-2-38(2)(a) C.R.S. 1953 shall include with the application the following: (a) An application fee of $200.00 to prepay the actual and necessary expenses of investigation of and hearing on the application. (b) A financial statement of appllcan~. (c) The plans and specifications required bY 75-2-40 C. R, S., 1953 5. Applications for renewals of licenses issued pursuant to Article 1, Chapter 75, C.R.S. 1953, as amended, will be heard by the Oity Council at the first regular meeting of the Council within 30 days after filing~of same. 6. Applications for renewals of all other licenses will be heard a~ the first regular meeting of the Council in November annually. 7. All applications for "new licenses" as defined by 75-2-38(2)~a), O.R.S. 1953 will be heard at either the first meeting in April or at the first meeting in October, annually, that follows the filing of ~uch application by at least 30 days. 8. Ail applicants for "new licenses" as define~ b%~X~g~(a), . C.R.S., 1953, are advised that construction, reconstructlon/~ ~5~r~lng prior to consideration bythe Council of the application will not be considered, in connection with the application. A motion was then made by Councilman Barnard, seconded by Councilman McEachern, Motion to accept the ResolutiOn, and to order it published for one publication in the Resolution Aspen Times. Motion carried on roll call - C ' ouncllman Barnard aye - Councilman Kuster aye Councilman McEachern a~e - Councilman Stapleton aye Attorney Balcomb then read Ordinance (repealing the occupational Tax). This Repeal- was discussed, also other licenses and permits - enforcement through December 31, 1963. Occupational Bert Bidwell presented a petition - dated June~13, 1963, containing 6~ names - against Tax the Occupational Tax. Councilman Barnard moved to approve the Ordinance, but it was then decided to instruct the attornry to redraw it to change the effective date and Councilman Barnard withdrew his motion. Sales Tax - Mr. Ba~comb read letter from the Colorado Municipal League - "no Sales Tax Colorado second-class City has adopted a ~ales tax". Discussed how to collect Such tax - the 2% Room Re~tal Tax now in effect submitting a proposed ordinance to the Attorney General for opinion. Attorney Balcomb was then instructed to de- teDmine legality of sales tax and report at next meeting. Mr. Balcom read ordinance No. 3, Series of 196~, - AN ORDINANCE AMENDING CHAP- Ord. 3, 196~ TER 2 OF TITLE VII, AND' SPECIFICALLY SECTIONS 8-2-1 and 8-2-2, OF THE D~FFI~CIAL CODE Street cuts. OF ASPEN, COLORADO - and this Ordisnce was approved and ordered published upon mo- tion by Councilman Barnard, seconded by Councilman Stapleton, and carried on roll call - Councilman Barnard aye Councilman ~uster aye Councilman McEachern aye - Councilman Stapleton aye. Tri-County Planning and Zoning Co~i~sion - report on 3~nuary 15;~ 196~, meeting was read by Mayor Pabst. Mr. Balcomb advised that some consideration is being Tri-County given to the formation of a regional planning commission to cover that portion of Planning the Roaring r~ork River drainage located in Pitkin, Eagle and Garfield Counties, Comm. Colorado, plus an area westerly of Glenwood Springs, Colorado, as far as Mitchell Creek in Garfield County. Each City is to designate one representative. This has not yet gone to State for formalization. Mr. Francis Whitaker outlined progress to date because certain areas are not yet Pro-tem zoned~ A motion was then made by Councilman Barnard, seconded by Councilman Mc- Ea chern- to a~ooint Francis k%itaker as pro-rem chairman of the ~ri-County Plan- . ~ · · · ' · ' n "a e" ning and Zoning Commission. Motion carrle~lth all Councilmen votl g y · Mayor Pabst said the gasoline bid of Texaco had been confirmed- with equipment. Gas bid. 3esse Maddalone was present re Smuggler Trailer Court water bill- Mayor Pabst said concensus of Council is that deposit charge of $150.00 should be removed, also one meter and valve provided the trailer court will purchase these items iff the Trailer Court spring. Council feels, as break in line was on their property, to allow credit Water bill would set a prededent. Jesse referred to leak in the Meadows line - Earle 3enkinson was called in and said that no adjustment had been made due to any leak in that line. Discussed - study to be~made to equalize meters and rate. A motion was then made by Councilman Barnard, seconded by Councilman McEachern, that the deposit charge of $150.00 is to be taken off the bill; also one meter and valve and they are to pay aye . for these items ~n the spring. Motion carried with all Councilmen votihg" " Council approved request of Mayor Pabst that Gary McFadden start survey for traffic control signs. Mayor Pabst has asked Dale Rea to up-date his water report~ charge to be $12.50 Dale Rea per hour for Rea and $7.50 per hour for staff, plus costs- and to take about a day Water report. and a night, and Council approved. Mr. Saaxegard said Kaiser Aluminum Co., had not furnished any warranty and Electric work has not been accepted - the engineers would like to go through the winter with Rebuild the electric rebuild, before accepting it. Mayor Pabst - would like to have City and County zoning standardized; also to Planning have Council advised of any planning,zoning and adjustment decisions, decisions Dog Control - a motion was made by Councilman Barnard, seconded by Councilman Dog Ordinance Stapleton, to instruct Attorney Balcomb to redraw Ordinance No. l, Series of 1962. Carried with all Councilmen voting "aye~ Discussed cars parked on streets for long periods - present impounding ordinance Impounding - cars. and need for storage. Mayor Pabst read letter from Mrs. Goodnough requesting that snow nbt be removed Snow from the streets to keep City more attractive. This is to be referred to the removal City Administrator. The matter of skiing on streets is also to be taken up with him. Health Officer - a motion was made by Councilman Stapleton, seconded by Councilman Barnard, that City appoint the same health officer as the County. Motion carried with all Councilmen voting "aye". A notice re hearing Public Service Commission - Holy Cross Association'- was Holy Cross - ice of Heari given to Attorney Balcomb. ng Letterhead - samples submitted to Council - they approved the form now in use. Letterhead Aspen, Colorado Rmgular Meeting - Aspen, City Council - January 20, 1964, Cont. Ordinance ,No. 1, Series of 1964 - Annexation of a portion of Block 2 Eames Ad- Ord. 1,1964 dition to the uity of Aspen - Attorney BalcomB said he had talked to Mr. Wendt re f-~ discrepancy in petition and ordinance - also inclusion of only one-half of the Tabled street- and Mr. Wendt is agreeable to having this matter tabled for further work. A motion was made by Councilman Barnard, Seconded by Councilman Stapleton, to table Ordinance No. 1, Series of 1964. Motion carried with all Councilmen voting "aye". , Contribution~ Contributions by City - tak~e for study. Benedict waterlJn e · Councilman Barnard - he feels that all facts regarding the Benedict waterline: and rate. and rates should be studied. Canopy- Independence Building request from Mr. Robinson for a canopy on west side of Ind. Bldg. building - Council to study this. Angle Parking. Mayor Pabst requested that signs be placed at Wagner Park and on Main Street at the Catholic Church for angle parking. Andrea Mrs. Andrea Lawrence having agreed to serve, a motion was made by Councilman Lawrence-Plan. Stapleton, seconded by Councilman Barnard, to appoint her to the Planning Commission Comm. to complete the unexpired term of William McEacherm. Motion carried with all Council- men'.:voting "aye". Distr. No. 1 Bill to the uity from Improvement District No. 1 - hold for February 3 meeting. Bill to City Buffet Room -Heinz Wolf liquor license application - carried over until Feb.3 Liq. Lic. meeting. Wolf. Councilman Stapleton then announced that the accounts payable of the City and Accounts the Water and Electric Depts. were in order, and a motion was made by Councilman payable-motion. Barnard, seconded by Councilman Kuster, to suspend Rule 19, and to o~der' the bills paid. Motion carried with all Councilmen voting "aye". The meeting was adjourned at-6:10 P. M. upon motion by Councilman Barnard, seconded by Councilman McEachern, and carried.