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HomeMy WebLinkAboutminutes.council.19640720 Mayor Pabst called the regular meeting to order at 3:50 P.M~ Present were Councilmen. Barnard, Kuster, McEachern and Stapleton, City Treasurer Lum, City Attorney Balcomb and zty Admznzstrator.Kerrzgan. The accounts payable were turned over to Councilman Kuster to be checked. The minutes of the previous meeting of JUly 6, 1964, and the adjourned meeting Minutes of July 7, 1964, were approved as read with the following correction- re Mollie Correction Gibson liquor license application -"they have taken assignment of existing lease" instead of "they are taking assigment of existing lease". Councilman Kuster then moved to suspend Rule 19 and to allow the accounts payable. Motion seconded by Councilman McEachern: roll call~ Councilman Bernard- aye; Kuster aye; McEachern aye; Stapleton aye. ~ · Mayor Pabst ~J~a~ said Francis :fhztake~ had withdrawn his request to submit a Tri-County closing report on the rtl-County Planning Commission, and a motion was made by Planning Councilman McEachern~ seconded by Councilman Barnard, for a resolution to express appreciation to Mr. ~%itaker for his efforts on this commission. Motion carried- with all Councilmen ~oti~ aye. Mr. Wendt was present in the interest of the annexation Petition-Block 2 Eames Annexation Addition - and Attorney Balcomb. will prepare the ordinance for presentation at the Ordinance next regular meeting. Discussed- State Statute requirements - voting on ordinances, and veto. Benedict Land and Cattle Company - new agreement; pending installation of pump; Benedict right-of ways; Council approved Mr. Kerriga~'s following up these matters, and Agreement Attorney Balcomb is to draw up the agreement. C ' Mayor Pabst then read letter from Jack !galls, Chairman Of the Planning ommls- Planning com. sion, dated July 20,-196~, recommending that the Ordinances #9, #10, #11, and #12 on Ordinances be passed; also recommending that the City Council table the Ordinance No. 7, on Rezoning, and No. 8 on Density Control. This letter also contained request tha~ Council appoint a representative committee to work with the Planning Commission. Mr. Walls also stated in this letter that the Planning Commission had reviewed and Covered sidewalkl approved a covered sidewalk for the Cowenhoven Building, with open areas to permit the planting of trees in the gravel bed. Howard Awrey said he feels not sufficient business people will be represented Advisory on the advisory committee. Council suggested tha~the restaurant owners appoint a Comm. member to this committee. Ordinance No. 7, Series of 196~ - An Ordinance Amending Title X~, Chapter 1. The Zoning Ordinance of the City of Aspen, Colorado, and the Zoning Map of the City of Aspen, Colorado, to Provide for a Change in a Portion of the B, Business Dis- Ord. No. 7 trict from such Zoning to T, Tourist District - was then discussed. Councilman Mc Series 1964 Eachern felt this should be tabled for further discussion with the Planning Com- Mission. COuncilman Bernard felt it should not be tabled. Sid Wheeler - The Villa- requested that this be put to vote, and said they would work out a compromise if the ordinance is voted ~own, otherwise they will go to court. A motion was then made by Councilman Bernard, seconded by Councilman Stapleton, that Ordinance No. 7, Series of 1964, be read for the second time. Roll call: Councilman Bernard aye; Kuster aye; McEachern aye; Stapleton aye. Ordinance No. 7, Series of 1964 (Rezoning) was then read in full for the second time by Attorney Balcomb, who said that the opinion of Leslie Gross, Attorney for property owners in the business area considered for rezoning, had been received by him while he was working on the sales tax ordinance, and his time for research had been limited. He reported on the research of records in c6nnection with Ordinance N~. 6, Series of 1956, and Ordinance No. 10, Series of 1960, by the City Clerk, and further research is necessary. He said joint hearing was according to statute, and said he felt hearing by Planning Commission with subsequent recommenda- tion to Council is good procedure. Guy Drew - asked - are those people who brought property zoned business to suffer because they have n~ immediately developed it as business. Attorney John Wendt said - as thesz City Attorney has not yet had time to pre- pare a written opinion - he feels it would be better to await such opinion. A motion was then made by Councilman Bernard, seconded by Councilman Kuster, Ord. 7- to approve Ordinance No 7, series of 196~ (rezoni~g~. Roll call Councilman Motion Bernard aye; Kuster .aye; McEachern aye: Stapleton NO. Ordinance No. 8, Series of 1964 - An Ordinance Amending Title XI, Chapter 1, Ord. 8- the Zoning Ordinance of the City of Aspen, Colorado~ to Provide for Density Oontrol tabled. in the T. Tourist District - still tabled. Ordinance No. 9, Series of 196~ - An Ordinance Amending Title XI, Chapter 1, Ord. 9 the ZOning Ordinance of the City of Aspen, Colorado, to Provide ~laat the Maximum 1964 m' Height of Buildings ~n the T. Tourist lstrlct shal be Twenty-five (25) Feet - was then read in full for the second time by Attorney Balcomb, and a motion was made by Councilman McEachern, seconded by Councilman Bernard, to approve Ordinance No. 9, Series of 1964. Roll call - Councilman Bernard aye; Kuster aye; McEachern aye; Stapleton aye. Ordinance No. 10, Series of 1964 - An Ordinance Amending Title XI, Chapter t, Ord. lO, the Zoning Ordinance of the City of Aspen, Colorado, to Provide for.th Num er ..... ,O~ rorney and ZlZe of Curb Cuts in all Districts - read in full for the second tlm~, an~ Be' finally approved upon motion by Councilman Bernard, seconded by Councilman Stapleton. Roll call- Councilman Bernard aye; Muster aye; Stapleton aye; McEachern aye. Ord. 11~ Ordinance No. 11, Series of 1964, an Ordinance Amending Title XI, Chapter 1, 1964 the Zoning Ordinance of the City of Aspen, Colorado, to Provide a Procedure for ~ , Building Review by the Planning and Zoning Commission - read in full for the second time by Attorney Balcomb, and finally approved upon motion be Councilman McEachern, seconded by Councilman Kuster. Roll call - Councilman Barnard - aye; Kuster aye; McEachern aye; Stapleton aye. %-? OiscUssed- whether Ordinance No 11 could be considered to include architectural control. Attorney Balcomb said Planning Commission would act in advisory capacity only. Jack Kane referred to "delegation of authority" and does not feel this is constitutional. Ord. 12, Ordinance No. 12, Series of 1964, An Ordinance Amending Title XI, Chapter 1, 1964 the Zoning Ordinance of the City of Aspen, Colorado to Provide an R-15 Residential .District, and to establish Uses and Regulations Therein, was then read in full for the second time by Attorney Balcomb, and finally approved upon motion by CoUncilman Kuster, seconded by Councilman Barnard; roll call - Councilman Barnard- aye; Kuster aye ; McEachern aye; Stapleton aye. Land at Glory Mrs. Larkin referred to land at the Glory Hole to square off her property- Hole- Larkin. previously offered in 1960, but she could not afford it at that time; she said she would like to buy about 2800 Sq. Feet now. Council feels this should be referred to the Planning Commission, and Attorney Balcomb will determine if the land must be sold at auction.~ Bonds- Qater Mr. Franz Rolli, of Stern Brothers, the fiscal agent~ was present, and the Mayor referred to a l~tter dated July 15, 1964, from the bonding attorneys re procedure on the bond ordinance. Council confirmed that the paying agent is to be'the Bank~of Aspen. (General Obligation Water Extension Bonds - $350,000) The bids on the $350,000 General Obligation Water Bonds were then opened and Bids- Bonds. studied: The J. K~ Mullen Investment Co. Average.rate 3.7343% Coughlin and Co. " 3,7214% Kirchner and Co. " 3.679918% Stern Brothers and Co. " 3.72118% Hornblower & Weesk - Hanifer,Imhoff and Samford, Inc. " 3,67493% George Baum, Quinn & Co. " 3.72099% After the bids were checked, a motion was made by Councilman McEachern, Motion seconded by Councilman Barnard, to accept the bid of Hornblower and Weeks, and Hanifer, ImhOff and Samford, Inc. their average rate of 9.67493% being the lowest bid submitted on the $350,000 General Obligation Water Bonds. Roll call- Councilmen Barnard aye; Kuster aye; McEachern aye; Stapleton aye. Ord. No.13 Ordinance No. 13, Series of 1964, An Ordinance to Levy a City Retail Sales 1964 and Use Tax Within the City of Aspen, Colorado and Declaring an Emergeny to Exist - was read by Attorney Balcomb , the ~lty Clerk and Councilman McEachern, successively. A motion was then made by Councilman Barnard, seconded by Council- man Stapleton, to approve Ordinance No. 13, Series of 1964, and to order it published. Roll call - Councilmen Barnard aye; Kuster aye; McEachern aye; Stapleton aye. The.first publication will be July 31, 1964 - due to length of ordinance. Thereupon, Councilman Kuster introduced and moved the adoption of the fol- lowing ordinance, which was thereupon read in full by Mayor Pabst and is as fol- lows, to-wit: Ord. No. 14 Ordinance No. 14, Series of 1964 - An Ordinance to Contract an Indebtedness i~ Series of on Behalf of the City of Aspen, Colorado, and upon the Credit Thereof. by 1964- Issuing Bonds of said City in the Amount of $350,000 for Supplying/~r~id City Water Bonds by Extending its Waterworks System; Prescribing the Form of said Bonds; Providing for the Levying of Taxes to Pay the Same; Providing Other Details Concerning said Bonds and said System; Ratifying all Action Heretofore Taken in Connection Therewith; and Declaring an Emergency. Councilman McEachern seconded the motion to adopt Ordinance No. 14, Series of 1964, Roll call - Councilman Barnard aye;Kuster aye; McEachern aye; Stapleton aye. It was thereupon moved by Councilman Kuster, seconded by Councilman Eachern, that the 3rd day of August, 1964, at the hour of 3:30 o'Clock P;M., Aspen DaYlight Time, in the City Hall, 130 So. Galena St., Aspen, Colorado. be set as the day, houF and place at which the Council shall hold a public hearing od the foregoing ordinance, entitle4 Ordinance.No. 14, Series of 1964, etc, which has been intFoduced and read in full at thi~ meeting; that 'the ordinance be published in full in the Aspen Times, a newspaper of general circulation published and of gegeral circulation in the City of Aspen, in its issue of Friday, July 24th, 1964, and that said ordinance at least ten days after its publication as aforesaid, be considered for final passage at said m~eting of the Council to be held in the Gity H~ll on the 3rd day of August, 1964, at the hour of 3:30 O'clock P.M., Aspen Daylight Saving Time. The question beln., upon the adoption of said motion, the roll was called with the followinK result: ~ Those voting Aye Councilmen Dr. Robert Barnard Werne~ Kuster William T. McEachern David E. Stapleton Those voting Nay None Those Absent None All members of the Council having voted in favor Df said motion, the presiding officer - Mayor Pabst - thereupon declared said motion carried, such hearing so set, and said ordinance ordered published a%d to be considered for final passage as afore- said. Aspen, Colorado Regular Meeting Aspen City Council July 20, 1964 Continued Mayor Pabst said Davis Holder, engineer, would be employedas needed, on a per St. E ' diem basis, for street engineering, nglneer Bids discussed: Bids Las Animas Municipal Light and Power 3 Reclosers $2,500.00 Reclosers Transformers Utility Equipment Co. 57 Transformers 1,068.00 Harry Peabody Co. " " 850.00 A motion was made by Councilman Barnard, seconded by Councilman Stapleton, to accept Motion the recommendation of City Administrator Kerrigan, to accept the bid of gas Animas Municipal Light and Power, of $2,500 for three reclosers, and to reject the two bids on the transfor~ners. Roll call vote: Councilman Barnard aye; Kuster aye; McEachern aye; Stapleton aye. Police Chief - a motion was made by Councilman Stapleton, seconded by Council- Police man McEachern, to appoint Louis Henning as police chief, effective August 1, 1964, Chief at $5,600.00 per year. Counciiman Barnard opposed this appointment due to facts that have come up, and he favors Glen Ricks. Councilman Kuster said he has not changed his opinion. After further discussion the roll was called: Councilman Barnard no; KuSter no; Councilman McEachern aye; Stapleton aye; Mayor Pabst then voted aye. Lease between Aspen Electric Department and Aspen Water Department-facilities Lease-Water owned by the Electric Dept. to be used by Water Dept.- read by Mayor Pabst ahd & Electric approved for execution upon motion by Councilman Stapleton, seconded by Councilman Depts. Barnard. Roll call vote: Councilman Barnard aye¢ Kuster aye; McEachern aye; Stapleton aye. Discussed replacement of old watermains outside the City limits,- becoming Watermazn' an emergency - and a resolution was made by Councilman Stapleton,that, on all old replacement waterlines, the City furnish equipment and labor, and water users pay for the new pipe on a front foot basis; also to authorize the ~ity Administrator, John Kerrigan, to purchase the necessary pipe. Seconded by Councilman MCEechern, and carri~ on roll call vote: ~Councilman Barnard aye; Kuster aye; McEaehern aye; Stapleton aye. Mayor Pabst read letter from Mrs. Beyer - The Vagabond Lodge- re lack of street Street signs signs off Durant and Cooper. The Mayor said~the signs are to be replaced by the Lions' Club. Also read - letters of appreciation - Music Associates for contribution Eagles Club-for hospitality & friendship during convention. ~ Discussed - International Day and tables and debris left. It was felt this was a good project, nevertheless. Bicycle race - Chamber of Commerce request to close streets discussed- and a Bicycle races. motion was made by Councilman Stapleton, seconded by Councilman ~arnard, that the Motzon' streets are to barricaded where races are to be held, and "hold harmless" statements to be obtained from all participants. All Councilmen voted aye. The meeting was adjourned at 7:20 PM upon motion by Councilman Stapleton, seconded by Councilman Barnard, and carried.