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HomeMy WebLinkAboutminutes.council.19640706 The City Council met in regular session at 3:30 P.M. Present were Mayor Pabst, Councilmen Bernard, Kuster, McEachern, and Stapleton, City Treasurer Lum, City Attorney Balcomb and City Administrator Kerrigan. The accounts payable were turned over to Councilman McEachern for checking. Jack Walls, Chairman of the Planning Commission, asked that t.he Council and the Planning Commission work more closely together on future plannin~ and zoning problems. He said legal procedure is to have these matters first referred to the Plannin~ Commission, ~ho should then make recommendation to Council. He referred to Rezoning- the praposed rezoning in the West end, and said ~he Planning Commission had previously West end. proposed further study, and said Commission had delayed further study as this was to be considered under the lonE range plan. The minutes of the previous regular meeting of June 15, 1964, were approved as read. The Treasurer's report wms read by Mr. Lum, and, after discussion, was approved upon motion by Councilman Barnard, seconded by Councilman Kuster -roll call - Councilman Barnard aye; Kuster aye; McEachern aye; Stapleton aye. Councilman M ~ cEachern said the accounts payable were ~in order, and a motion was made by Councilman Stapleton, seconded by Councilman Barnard, to suspend Rule 19 and to allow the several amounts. Roll call - Councilman Barnard aye; Kuster aye; McEachern aye; Stepleton aye. Discussed - use of oil in police cam - Mr. KerriMan will look into this. Liq. Lie. Liquor License Application - transfer of ownership . The Molly Gibson, inc. Molly Gibson dba the Molly Gibson - reviewed by Mayor Pabst, who said the financial and character check was positive. Councilman Barnard asked if there is any conflict of interest in the Knit{hr Club, and Mr. Podmore said he has no interest in the club, that it is held by Mrs. Fodmore; also that Andy Bowles has mo financial interest in the Molly Gibson, and that Bowles will not be working at both places simultaneously. Corp- oration seal not yet obtained, but it was indicated on the application. Mr. Podmore owns 100% of the stock in the Molly Gibson, Inc., and he is applying for the license. A motion was then made by Councilman Barnard, seconded by Councilman Stapleton, to Motion approve the application of Molly Gibson, Inc., dba Molly Gibson, for a full liquor license. Roll call - Councilmen Bernard aye; Kuster aye; McEachern aye; Stapleton aye. A !notion was made by Councilman Bernard, seconded by Councilman Kuster, to halt Motion- further action on the appeal of decision on the Molly Gibson suspension of license %'~Molly Gibson case-Civil Action 3436. Carried with all Councilmen voting aye appeal. · ~rojeot P-26 - Colored? - long range plan - Mayor Pabst reported that the City P-26 Contract Council and the County Commissioners, m~mbers of the City and County ~lanning to cancel Commissions had met a~ 2:30 ~.M. this date to discuss the contract with Paul Lester Wiener, and a letter was drafted covering cancellation of contract and settlement of amount ow~g~~_ to be sent to the Colorado State Division of Planning. Mr. Pabst said he represented the Aspen Institute at the meeting. A motion was made by Councilman Bernard, seconded by Councilman McEachern, to authorize the Mayor to sign for the City of Aspen, the letter dated July 6, 1964, regarding the cancellation of the p~anning contract - Project No. P-26, to'be sent to the Colorado State Planning Division. Roll Call - Councilman Bernard aye; Kuster aye; McEachern aye; ~tapleton aye. Renewal-3:2 Renewal of 3:2 Beer License after reviewin~ the application submitted by Don Beer-Pinocchio, Fleisher, a motion was made by Councilman Kuster, secOhded by Councilman Bernard, to approve the application of Donald J. Fleisher, dba Pinocchio~s, for renewal of the Motion 3:2 beer license. Roll call - Councilmen Barnard aye; Kuster aye; McEachern aye; Stapleton aye. Mr. ~hitaker not being present, the report on the Tri-County Planning was Tri-CoBnty tabled. Engineering Proposal for engineering service from Holder to be studied by Council. Service Funding Bonds ~aterworks Funding Bonds Mr. Kerr~an reported that the fiscal agent is obtain- ing legal opinion re~ard~n~ notice of sale, and ordinance. Mayor Pabst opened and read s letter from Attorney Kane re liquor license ap~ Lease- Molly plication for the Molly Gibson and notice of foreclosure on its chattel mortgage Gibson on equipment and fixtures, also lease. Attorney 3chh l~ndt said they(are t~kin~)** Oo~ection- ** as§ignment of existing lease from Aspen nllmlted, and that fixtures are not involved. July 20 Min. **60rrection to "have take~9 Mr. Kerrigan referred to bookkeepin~ procedure involved in water rights and water gathering faciliti~s owned by the Aspen Electric Dept., which could be either lease- transferred to or leased to the Aspen Water Dept. Council ayreed to his suggestion Water rights that it would be better to keep these in the Electric Dept. lease them to the Water ~ otc to Water Dept for $1.00 per year, and attorney Balcomb is to draw up the lease. Dept. Ordinance No. 7, Series of 1964, Rezoning from Business to Tourist in Ord. No. 7, - end - read in full for the fi-o~ ~= .... Series 196~ that readin~ of ~ .... %~ ~= Dy Attorney Balccmb. Mayor Pab~ ~]~- ~econa rea~lng for final adoption wou~ ~.[~-~a ~s a ~arter of method, and that July 8th. A motion was made by Councilman Barnard, seconded by Councilman McEachern ..... u~ ~ame p£ace until after the hearing on to approve Ordinance No. 7, Series of 1964, and to order it published. Roll call - Councilmen Barnard aye; Kuste~aye; McEachern aye; Stapleton aye. Ordinance No. 8, Series of 1964, demsi6y'contro - read in full for the Ord. No. 8, first time by Attorney Balcomb - Mr. Emerson presented letter from the Aspen Lodging of 1964 Association dated July 6, opposing this proposed amendment to the Zoning Code. Councilman Barnard said he is not in favor of this ordinance and he feels the lodge owners have ~ood ooints. Discussion followed in which Hans Gramiger said he felt many people are opposed to this. A motion was then made by Councilman Bernard, seconded by Councilman Kuster 4 · to table Ordinance No. 8, Series of 1964. Bill Chambers, owner of the Viking, said otlon to the letter from the Lodge Owners Association was the result of an association Table meetin%, and it expresses their feelings on this ordinance; He also said they-were never contacted or consulted regarding any density survey. The roll was then called on the motion - Councilmen Bernard aye; Kuster aye; Mcl~achern aye; Stapleton aye. Bill Bayer referred to the Westerner - where no set-backs were provided. Councilman McEaeh~rn said this motel could be rebuilt with the now required set- backs - with a loss of only two units under the proposed density control. Councilman Stapleton felt there should be closer liaison between Council and the Planning Commission. Ordinance No. 9, Series of 1964, height restriction - read in full by Attorney Ord. No. 9, Balcomb for the first time and discussed. Mr. Gramiger felt this would result Series of in preponderance of flat roofs. A motion was made by Councilman Barnard, seconded 1964 by Councilman Stapleton, to approve Ordinance No. 9, Series of 1964, and to order it published. Roll call Councilmen Barnard aye; Kuster aye; Mct~achern aye; Stapleton aye. Ordinance No. 10, curb cuts (Series 1964) read for the first time in full by Ord. No. Attorney Balcomb - and a motion was made by Councilman Stapleton, seconded by Series of 1964 Councilman McEachern, to approve Ordinance No. 10, Series of 1964, and to order it published. Roll call - Councilman Barnard aye; Kuster aye; McEachern aye; Stapleton aye. Ordinance No. 11, Series of 196~ - Building Review - read in full for the Ord. No. 11 first time by Attorney Balcomb - and a motion was made by 8ouncilman McEachern, Series of 196~ seconded by ~Councilman Barnard, to approve Ordinance No. 11, Series of 1964, and to prder it published - Roll call - Councilmen Barnard aye; Kuster aye; McEachern aye; Stapleton aye. Ordinance No. 12, Series of 1964 - To provide an R-15 Zone - read in full for Ord. No. 12, the first time by Attorney Balcomb - and a motion to approve Ordinance No. 12, Series of 1964 Series of 1964 was made by Councilman Barnard, seconded by Councilman Kuster, and to order it published. Roll call - Councilmen Bernard aye; Kuster aye; McEachern aye; Stapleton aye. Alley through Block 23~.- Betition dated June 24, 1964, to Council from Elizabeth Alley BI 23 H. Paepcke and Alvin C. Eurich, requesting Council to vacate the alley through Block 23, and the opinion from Attorney Balcomb on this matter were discussed. Mr. Balcomb said, from the examination of the records in the office of the Clerk Attorney's and Recorder for Pitkin County and the City Clerk, it is his conclusion that the opinion alley through Block 23, city of Aspen, never became a public alley so no vacation thereof by the Council is necessary or proper. He did recommend that the Mayor execute a confirming deed to the present owner or owners. A motion was then made Motion by Councilman Rarnard, seconded by Councilman Kuster, that the >.{ayor take appro- priate action on the alley in Block 23, as recommended in the letter from Attorney Balcomb. Roll call vote - Councilmen Bernard aye; Kuster aye; McEachern aye; Stapleton aye. Balance of funds returned to City from State contributions that should Trans of Funds not have been made under FICA for policemen. Amotion was mad~ by Councilman to Police McEachern, seconded by Councilman Bernard, that such funds be transferred from Pension Fund the Ceneral Fund to the Policemenfs Pension Fund. Roll Call - Councilmen Bernard aye; Kuster aye; McEachern aye; Stapleton aye. Sales Tax Sales Tax Ordinance - discussed that sales tax will probably not appear on Ord. State ballot - proposed City ordinance will be ready for the next meeting. Benedict Land and Cattle Co. - agreement - Council is re-negotiating water- ~ AgreementQ line contract - to include Aspen Grove and Riverside Subdivision. Benedict George Christensen requested a curb cut on Hymen Street, for entrance to Curb Cut- driveway between the Cowenhoven Building and the Roman Lion building. A motion Hymen Ave. was made by Councilman Bernard, seconded by Councilman Kuster, to instruct the · ° r City Admznzstrsto to handle this matter, with the cost to be borne by the property owners. Ail Councilmen voted aye Robin Molney presented request for a covered sidewalk on the ~^~est side of the Covered side- Cowenhoven Ruilding, and he was advised by Council to refer this matter to the walk,Cowenhoven PlAnning Commission. Bldg Letter from Hans Gramiger re land at the Glory read by Mayor Pabst, who said Land at Planning Commission has been asked to study use of City-owned land. Glory Hole Mayor Pabst read letter from Jack Walls, Chairman of the Planning and ~oning Letter-Planni'n~' Commission, advisin~ the City Council to cancel Colorado P-26, Aspen Area Master Cancel P-26 Plan, with Paul Lester Wiener. The Mayor also read letter from Humble Oil and Refining Co., regarding pro- posed ~as station, ice Letter dated July 2, 1964, from Jack Walls of the Planning Commission, racom- Brown/Palace mending denial of ~he request from the Brown Ice Palace to use approximately five ~ncroachment feet of City property, was read and discussed. A motion was made by Councilman McEachern, seconded by Councilman Barnard, to deny this request. All Councilmen voted aye. Castle Creek Castle Creek Raw Water Transmission program - Mr. Kerrigan said first stage of water development received from Dale Rea - Bids and awards in preparation. devlopment I Discussed - break in watermain - East end of Hyman on Riverside line, which J has been repaired. k.~ Chief of The Chief of Police - discussed - applicants still being considered a motion Police was made by Councilman Barnard, seconded by Councilman Kuster, to appoint Glen Ricks as the Chief of Police. Roll call - Councilmen Barnard aye; Kuster aye, McEachern no; Stapleton no; Mayor Pabst also voted no. Tom FleCk said he felt a Chief should be appointed, as the businessmen felt there should be someone in charqe of the Police. The eetznf was then recessed until 8 AM, Tuesday, July 7, 1964, upon motion m ' by Councilman Barnard, seconded by Councilman McEachern, and carried, at 6:30 P.M. ~.Spen Colorado - Recessed Meeting Aspen City Council July 7, 1964 The reconve~4d meeting was called to order at 8:00 AM by Mayor Pabst, with Councilmen Barnard, Kuster, McEachern and Stapleton, and City dmlnzstrator Kerrigan present. Attorney Balcomb was absent. Mr. Bernard Tie{ney, of Stern Brothers and Company, fiscal agent on the proposed Water Funding $350,000 water bond issue was present, and proposed resolution and aturzty schedule Bonds were discussed. Mr. Tierney said all bonds would have to be sold, and unused funds would be invested in government securities; also the bond sale will be on July 20th, and bond ordinance will be ready for' that meeting; the proceeds from the bonds ~ill be available about August 15th. Thereupon, the followin~i proceedings, among others, were had and taken. Councilman Stapleton introduced the followin~ resolution, which was thereupon read in full, and is as follows: Resolution ~ESOLUTION A RESOLUTION CONCERNING THE P ~ ROPOSED CITY OF ASPEN GENERAL OBLIGATION WATER EXTENSION BONDS, SERIES AUGUST 1, 1964, IN THE PRINCIPAL AMOUNT OF $350,000.00; A~HORt~ING CERTAIN DETAILS CONCERNING SAID PROPOSED SALE AND SAID BONDS; AND PROVIDING THE EFFECTIVE DATE OF ~{IS RESOLUTION. WHEREAS, [~e~9~3~ of ~s~enf (her~i? sometimes designated as the "City") in the Count~ ?~ rlrmln an~ Stare of ~olorado (~erein sometimes designated as the "State"), is a body corporate acting as a City of the Second Cla~s pursuant to the Constitution and the general statutes of the State of Colorado; and WHEREAS, the City now owns and operates a Municipal water system; and WHEREAS, the City Council of the City has determined, and does hereby redeclare its intent: (a) To supply the City with water by extending the municipal water-works system; and (b) To issue the City's Keneral obligation bonds in the amount of $350,000.00 for that purpose; and I~EREAS, the City Council desires to publicly sell said bonds. NOW, THEREFORE, BE IT RESC. LVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COL©P~DO: Section 1. The Mayor, the City Clerk and the City's Financial Consultants, Stern Brothers & Co., Denver, Colorado, be, and they hereby are, uthorlzed and directed a ' to distribute to such persons or fiz'ms as they may consider to be intereated in the purchase of the bonds herein described, a Notice of Sale which shall be in substantially the following form: (See original Resolution on File) Section 2. The officers of the City be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the provisions %-~ of this resolution, including but not limited to, the preparation of financial and other information concerning the City and the bonds. .. Section 3. Ail orders, by-laws, and resolutions, or parts thereof in conflect with this resolution are hereby repealed. This repealer shall not be construed to revive any order, by-law or resolution, or part thereof, heretofore repealed. Section 4. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this resolution. Section 5. This resolution shall take effect and be in full force from and after its passage and approval. PASSED, ADOPTED AND APYROVED this 6th day cf July, 1964 (Harold Pabst) Mayor City of Aspen (SEAL) Attest: (Dorothy Hoffmann .... Clerk ' City of Aspen Whereupon, it was moved by Councilman McEachern and seconded by Councilman Motion Stapleton, that said resolution be now placed on its final passage, and that all rules of the Council which might prevent, unless shspended, the final passage and adoption of said resolution at this meeting be, and the same are, hereby suspended for the purpose of permitting the final passage and adoption of said resolution at this meeting. The question being the adoption of said motion and the suspension of the rules, the roll was called with the following result: Those v6ting Aye: Dr. Robert Bernard Werner Kuster William T. M~Ea~hern David Stapleton Those Voting Nay None Those Absent None All members of the council having voted in favor of said motion, the presiding officer declared said motion carried and the rules suspended. Councilman Barnard then moved that said resolution be passed and adopted as read. Councilman Kuster seconded the motion. The question being upon the passage and adoption of said resolution, the roll was called with'the following result: Those voting Aye Dr. Robert Barnard Werner Kuster William T. McEachern David Stapleton Those votin% Nay None Those absent None The presiding officer thereupon declared that said motion was carried and the said resolution duly passed and adopted as read. A motion was then made by Councilman Bernard, seconded by Councilman Kuster, that Motion the money from the bond issue is to be spent to rebuild Castle Creek water system as outlined in Dale Rea's engineering report. Those voting Aye: Councilmen Bernard, Kuster, McEachern and Stapleton. Proposed centract with Dale Rea was then read by Mayor Pabst and a motion was Dale Rea made by Councilman Bernard, seconded by Councilman McEachern, to accept the contract Contract with ~ale Rea and to authorize the Mayor and City Clerk to execute it. Those voting aye: Councilmen Darnard, Kuster, McEachern and Stapletoh. Mr. Tierney said there are 13 eligible bidders - he showed a sample prospectus, but said he would prefer to use an offerin% circulator, which would, serve the ~ame purpose, and cost ~50.00. The meeting was adjourned at 9:10 BM upon motion by Councilman Stapleton seconded by Councilman Bernard and carried.