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HomeMy WebLinkAboutminutes.council.19650104 Mayor Pabst called the regular meeting ~o order at 3:40 PM. Present were Councilmen McEachern, Stapleton, Barnard,and City Treasurer Lum, City Attorney Balcomb and City Administrator Kerrigan. Councilman Kuster c~e in later. The accounts payable were given to Councilman Stapleton to check. ~Correction The minutes of the regular meeting of December 21, 1964, were approved as 12/21/64 Min. read with the following correction re sale of Lots N , O and'part of P to the City- "the down payment would be $2,964.00 plus advalorem taxes to date of adjustmentU Correction in Minutes of December 7, 1964 - a motion was made by Councilman Correction MeEachern, seconded by Councilman Stapleton - to correct the minutes to show that MinUtes- the regular meeting was recessed for the purpose of the public hearing in the 12/7/64 District CourtroOm - not adjourned. Councilmen Barnard, Stapleton and McEachern voted aye. Councilman Stapleton, having checked the bills, moved for the suspension of ~Rule 19 and payment of the 'amounts. Motloh seconded by Councilman McEachern. Roll call vote - Councilmen - Barnard aye; Stapl~tdn aye; McEachern aye. A letter dated December 29 from Attorney Seavy - Humble Oil suit - was read Humble Oil suit by Mayor Pabst, indicating extension of time to January 15th. Attorney Balcomb extension of ti~ asked Council Pleasure re extension and he outlined the legal procedure. Council felt motions should be filed by January 15th, and aq attempt made to have the case moved to Aspen. After further discussion re delay, Attorney Balcomb was instructed to write to Mr. Seavy that Council is ~agreeable to another 20 day delay. Attorney Balcomb said attorney~g costs on t~ Humble Oil suit would be based on this schedule: $20.00 an hour for within office work; $~00~00 a day for two lawyers in court: Attorneys' fee plus Out-of-pocket expenses - But in no event to exceed $3,000.00 A motion was made by Councilman Barnard, secohded by Councilman Stapleton, that Motion. the above schedule for Zarlengo, Zarlengo and Seavy is approved. Roll call - Councilmen Stapleton ~aye; ~eEachern aye; Kuster aye; Barnard aye. )Special election Special election - Ordinance No. 13, Series of 196~, the following R~solution was read in full by Attorney Balcomb: Resolution R E S O L U T I 0 N ~ WHEREAS, the City Council of the City of Aspen, Colorado, at a regula~ meeting held on November 2, 1964, passed, on second reading, Ordinance ~o, 13, Series of 1964, imposing a Sales an~ Use Tax upon ~.~ tail transactions within the City of Aspen, Colorado, and the same was duly published as required by law; and, WHEREAS, within the time prescribed by statute, and in ac- cordance with the requirements thereof, there was filed with ~he City Clerk, petitions properly prepared and executed, requesting reconsider- ation of such Ordinance; and, ? WHEREAS, on December 7, 1964, Council refused to reconsider such Ordinance, and ordered a Special Election on such Ordinance to be held on February 24, 1965; and, Whereas, certain legal steps must be pursued to properly submit such Ordinance to the registered elector of The City of Aspen, Colorado. NOW, THEREFORE, BE IT RESOLVED by th& City Council of the City of Aspen, Pitkin County, Colorado; 1.~ That the date of such Special Election has already been set as of February 24, 1965. 2. That the City Clerk give notice of Such election in the manner and form prescribed by law. 3. That the question submitted shall be voted upon at the following voting places in each Ward of the City at such election: Ward 1 - Aspen Oit~ Hall, 130 South Galena Street~ Aspen, Colorado Ward 11 - Aspen News Building (Old Mesa Store) 500 Main,Aspen, Colorado That the ballot to be used in submitting said question to the qualified electors of said election shall be as follows: OFFICIAL BALLOT OF THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, SPECIAL QUESTION SUBMITTED, SPECIAL MUNICIPAL ELECTION FEBRUARY 24~ 1965, "SI{ALL ORDINANCE NO. 13, SERIES OF 1965~ OF THE CITY OF ASPEN, COLORADO, ENTITLED, ,AN ORDINANCE ~' ~ Yes TO LEVY A CITY RETAIL SALES AND USE TAX WITHIN THE CITY OF ASPEN, COLORADO' BE AND REMAIN AN No ORDINANCE OF THE CITY OF ASPEN, COLORADO.', Voters desiring t? vote for the measure shall mark a cross (X) in the blank space to the right and opposite the word "Yes". Voters desiring to Resolution VOt~ against the measure shall mark a cross (X) Spec.Election in the blank space to the right and opposite the work "No?. 5.~ That all thinks be done by this Council and by the proper City of- ficials necessary to the holding of said election, all in the manner and form prescribed by statute. C E R T I FI~C A T E I, , the City Clerk of the City of Aspen, Pitkin C0unt~'~"Colorado, certify that the above is a true and correct copy of a Resolution passed by the City Council of the City of Aspen, at a regular meeting held on 19 ~ Certified this day of 1965. ~ity Clerk A mOtion was made by Councilman Bernard, seconded by Councilman McEachern, to adopt ~he foregoing Resolution. Roll call vote - Councilmen Stapleton aye; Motion on McEachern aye; Kuster aye; Barnard aye. RESOLUTION Discussed selection of judges and clerks for the special election will be Judges & made at the next regular meeting. Also discussed - that Council has adopted the Clerks sales tax Ordinance - individual Councilmen informing public why they favor this measure; possible adoption of resolution by Council favoring the sales tax. ..Extension of the Wheeler Opera House lease - Attorney Baleomb said previous assignment of lease from Aspen Company to Aspen Institute had been sent to Bob Lease e~- Craig, but apparently had not been filed with the City Clerk. Amendment extending tension- period of the lease was then read by Attorney Balcomb. Discussed - maintenance Wheeler Opera of exterior of building and cost (possibly to be based on 1/3 City and 2/3 Aspen House. Institute) - with particular reference to send, blasting and pointing- and repairs to the roof. City Administrator Kerrigan is to discuss this with Dr. Eurich and inform Attorney Balcomb of the outcome. MayOr Pabst read letter from Attorney Stewart re application for 3:2 Beer- Honeybucke~ of Aspen- that applicants have been unable to complete lease ne- gotiations for the basement of the Independence Building so no action was taken on the application. Ordinance No. 21, Series of 1964, an Ordinance Amehding Chapter 3 Of Title III Ord. 21 of the official Code of Aspen, Colorado, the Same Relating to the Water Department 1964 of the City of Aspen, ColOrado, Establishing Changes in the Rates and Charges for the use of Water, Prescribing the Conditions under Which Water May Be Used, and Establishing Penalties for Violations of the Code and Ordinance, and Declaring an Emergency to Exist - was read in full for the second time by Attorney Balcomb, Motion and finally adopted upon motion made by Councilman Bernard, seconded by Councilman Stapletoni to finally ~dOpt and approve Ordinance No. 21, Series of 1964. Roll eali- Councilmen - Stapleton aye; McEachern aye; .Bernard aye; Kuster aye. Ordinance covering registration of employees - discussed- that not many Registration employers are now using private registration - enforcement if ordinance is ad- Ord. tabled. opted - responsibility of employers. A motion was then made by Councilman Staple- ton, seconded by Councilman Bernard, to table this Ordinance for further discus- sion. Ail Councilmen voted aye. Attorney Balcomb said a report on the Buchanan demand for deed has not yet Deed- been received from Attorney Charles Stewart, - East Aspen Patent, Buchanan Fiscal agent for Improvement District No. 2 --Mr. Kerrigan said firths are Fiscal agent being asked to submit costs also that bonding attorneys have indicated similar Bonding Attorneysl fees. He feels it would be better to have Tallmadge and Tallmadge~as bonding Distr. No. 2 attorneys as they have handled Improvement District No. ~. A motion was made by Councilm~n McEachern, seconded by Councilman Stapleton, to engage Tallmadge and Tallmad~e as bonding attorneys for Improvement District No. 2 - th~ fee to be $3,000.00 on a $400,000.00 bond issue. Roll call vote- Councilmen Stapleton aye; McEachern aye; Barnard aye; Kuster aye. Councilman Barnard asked City Administrator Kerrigan about his taking vacation Vacation during the holiday period and said he felt this should have been discussed with City Administra-I the Council - due to crowded condition of the City at that time. Discussed. tot Waterline extension contract with Rebecca and John Sterling discussed, and Waterline a motion was made by Councilman Stapleton, seconded by Councilman McEachern, agreement to authorize the Mayor and City Clerk to execute the agreement. Discussed-and Sterling Building Inspector Thurston said he felt the same provision should be included in this agreement as was included in the Shadow Mountain condominium agreement, due to possible health hazard from septic tanks. Councilman Stapleton then amended his motion to include that if a health hazard is created by their occupancy, the Motion City will shut off the water. Councilman McEachern agreed to this amendment. Roll Call - Councilman McEachern aye; Kuster aye; Stapleton aye-Bernard aye. 367 Aspen, Colorado Regular Meeting, Aspen City Council January 4, 1965 continued Discussed - Claim of Jim Hayes of loss of battery and damage to his car in Hayes- impeunding. City Administrator Kerrigan said he had checked with the street crew Battery- and .t, hey denied causing any damage. Kerrigan felt City might be liable for battery,  damage to and will investigate further to see if condition of ear indicates recent damage, car He is to handle adjustment. ~ , Herb Powers asked City co-operation in blocking off streest and alleys toward ~Winterskol the Aspen Alps for dog races during Winterskol; and policing during the parade; and help in putting up the sign on Main Street. Council agreed, and he will submit map of area to be controlled. It was suggested that he refer request to use Wagner Park for dog teams to the Wagner Park Committee. Canopy- An application for a permit to erect a canopy over the sidewalk at the a'Go Go Hymen St. on Hymen Street to be referred to the Planning Commission, for their recommendation. Jack WallS, Chairman of the Planning Commission, reported that the planners Planners- would be interviewed - Sam Huddleston on January 12th;, and Leo Daly on January 15th, Interviews with Council, the County Commissioners, City and County Planning Commissions, and representative from the Aspen Institute present. Zoning change~, Mr. Walls said sub-division regulations are awaiting report from the Aspen Sanitation Board of Directors. Discussed at length - zoning code and need to consult with master planner and to make all changes at the same time. Master street plan in preparation. Mayor Pabst read letter from Mrs. Podmore,The Knight Club of the Golden Horn, indicating their desire to co-operate in running a good establishment. The Mayor will reply. Aspen Ski ~he Mayor also read letter from the Aspen Ski Club requesting a donation. This Club. was turned over to the City Administrator. Letter from Governor Love re publishing names of juveniles was read by Mayor Pabst. Discussed - salary increases indicated in th~ 1965 Budget and a motion was Salary increase~ made by Councilman McEachern, seconded by Councilman BernArd, to increase the salaries of. City employees according to the 1965 Budget, effective January 1, Motion 1965. Roll call vote :Councilman Stapleton aye; Bernard aye; Kuster aye; ~ ~Eachern aye. After discussion, a motion was made by Councilman Kuster, seconded by Council- Scl. Increa~ man Bernard, to pay to the City Clerk an additional amount of $50.00 a month, City Clerk effective January l, 1965, for auxiliary service to other departments. Roll call vote - Councilman Barnard aye; Stapleton aye; McEachern aye; Kuster aye. Councilman McEachern commended the City employees for their extra work on the City Streets during the vacation period. Discussed - need for snow removal and keeping fireplugs uncovered. Executive Upon motion by Councilman McEachern, seconded by Councilman Kuster, Council session-dump went into executive session at 6:10 PM to discuss dump sites. All Councilmen. sites, voted aye. At 6~.20 PM, a motion was made by Councilman McEachern, seconded by Councilman Kuster, that Council go back into open session. All Councilmen voted aye. The regular meeting was adjourned at 6:25 PM upon motion by Councilman Bernard, seconded by Councilman Kuster and carried.