HomeMy WebLinkAboutminutes.council.19650816 The regular meeting was called to order at 3:55 P. M. by Mayor Pabst, with
Councilmen Stapleton, Kuster and Barnard, Attorneys Balcomb and Scott, and City
Administrator Kerrigan present. Councilman McEachern was absent.
The accounts payable were given to Councilman Stapleton to check.
The minutes of the regular meeting of August 2, 1965, and the special meeting
of August 9, 1965, were approved as read.
A ~tion was made by Counqilman Stapleton to suspend Rule 19 and to pay the bills.
Motion seconded by Councilman Kuster. Rpll call vote -.Councilman Barnard aye;
Kuster aye; ~tap!eton aye.
Confirm A motion was made by Councilman Kuster,'sec0nded by Councilman Stapleton, to
Motion- confirm the motion made at the special meeting held August 9, 1965, accepting the
Water Exten- bid of Merrill Construction Company on the Water Extension Project - West - Projec~
sion l&3 No. 1 and 3. Roli call vote - Councilmen Stapleton aye; Kuster aye; Barnard aye.
Bid.
RescueGroup - Mr. Kerrigan reported that he had consulted with them and they
do not feel they h~ve sufficient f~nds for building. Discussed- third floor of the
Rescue Group City Hall and City Administrator is to check out safety features.
Nick Pabst wa~ present in the interest of the Golden Leaves Festival to be held
in September - 16th through 19th. He asked if part of Wagner Park might be used for
art exhibit. Discussed, and a motion was made by Councilman Barnard that a portion of
Motion- Wagner Park be set apart during those days. Mrs. Mary Perkins asked about closing cer-
Wagner Park tazn streets for bicycle race - for parade - and dance. Council requested more in-
formation o~ clos~ing~streets, and other activities. The motion regarding Wagner
Park was seconded bp Councilman Kuster. Roll call vote - Councilman Barnard ~ye;
Kuster aye; Stapleton aye.
Attorney clint~Stewart was present regarding the liquor~license addendum filed
A~dendum- by A1 Stromberg - Independence Restaurant Co. Mr. Kerrigan said credit check had
!'~ndependence been made -~with no derogatory reports. A motion was made by Councilman Bernard
Restaurant Co. to approve the new addendum~x to.Independence Liquor License a~plication. Motion
Liquer License. seconded by Councilman Staple ton. Roll call ~ote- Councilman Staple ton aye;
Barnard ayg; Kuster abstained from voting.
The liquor license applicatiQ~ for the Smuggler Inn was~then discussed, and a
Liq. Lic. motion was m~de by Councilman Stapleton to process this application at the regular
,~ Application- meeting to be held Qn October 4, 1965. There was no second to this mption. After
Smuggler Inr discussion on previous denial of application, Council agreed that this application
should be processed at the October ~ meeting.
k~ Liq. Lic. Bruce Polich said he ~ould like ta apply for a full liquor license for the Mother-
application- lode for 196~ - instead of renewing the beer and wine license he now holds and
Motherlode. Council suggested he submit application for the hearing on October 4th.
Mr. Fred Braun came in regarding using the upper §torey of the City Hall for the
City Hall- Rescue Group - discussed - heat and lights. Council felt the City would pay fhm
Rescue Group the utilities. A motion was made by Councilman Barnard, seconded by Councilman
Stapleton, to authorize the City Administrator to prepare contract. Ail Councilmen
voted aye.
~nexation - Mr. McAllister presented petition - containing ~0 signatumes and
Council reviewed the plat of the area involved. Attorney Scott read the following
Resolution:
Annexation-
Resolution. R E SOL U T~I O N
WHEREAS, a Petition for annexation of territory described hereinafter was filed
with the City Clerk onAugust 16, 1965, requesting annexation of the following described
territory to the City of Aspen, Colorado:
Beginning at a point on the present City Limits, which point
is known as E.A.T. 8 and is so designated on the official
map of the City of Aspen and from whence the S.W. Corner of
Sec. 7, T. 10 S., R. 84 W. of the Sixth Principal Meridian
bears N.89° 20' W. a distance of 1,806.5 feet; thence
S.89°20' E. a distance of 764.9 feet along the north line
of the East Aspen Townsite to E.A.T. 9; thence N. 75° 09' W.
400.0 feet to AX-l; thence N. 14° 51' E. 390.0 feet to AX-2;
thence N.75° 09' W. 1,110.0 feet to AX-3; thence N.14° 51' E.
1,986.9 feet to AX-4; thence N.50° 56' W. 102.0 feet to AX-5;
thence N. 25° 01' W. 82.8 feet to AX-6; thence N. 85° 15' W.
68.7 feet to AX-7; thence N.33° 22' W. 98.2 feet to AX-8;
thence N.46° 31' W. 62.5 feet to AX-9; thence S. 68o18, W.
96.0 feet t~ AX-10; thence S.78°56' W. 112.1 feet tR AX-ii;
thence S.73- 07' W. 73.3 feet to AX-12; ~hence N.68C 45' W.
140.4 feet to AX-13; thence S. 71°39' W. 35.7 feet to AX-14;
thence S.79° 4~' W. 89.3 feet to AX-i~; thence S.70° 18' W.
73.1 feet tR AX-16; thence S.50° 23' W. 43.3 feet to AX-17;
thence S.62~ 15' W. ~8.6 feet to A5~-18; thence S.50° 36' W.
196,6 feet ~o AX-19; thence S.74° 58,' W. 106.4 feet to AX-20;
thence S.45 12' W. 40.2 feet to ;~i-21; thence N.14° 11' W
24.6 feet t8 AX-22; thence N.38° 13' W. 123.2 feet t8 AX-23;
thence N.34 06' W. 105.5 feet to AX-2~; thence N.27- 30' W.
136.6 ~eet to AX-25; thence N.13°~' W. 106.8 feet to AX-26;
thence S.88°13' W. 22.4 feet to AX-27; thence N.02°~5' W.
657,4 feet to AX-28; which point is on the center-line of the
Denver & Rio Grande Western Railroad right-of-way and on the
West line of Section 7,T. 10 S., R 8~ W. of the Sixth P.M.;
Thence N.49° 12' E. 50.0 feet to AX-29 which point is on the
North boundary of the aforementioned D & R.G.W. Railroad Resolution
property; thenCe N.40° 48' W. 102.6 feet to AX-30: thence Continued
~along a curve to the left with central angle of 85 25' -
and Degree of Curve of 1° 56' a distance of 443.0 to AX-31;
thence along a curve to the left with central angle of
47° 42' and Degrade of Curve of 9° 12' a distance of 520.0
feet to AX-32; thence S.83° 05' W. 107.0 feet to AX-33;
thence along a curve to'the right with central angle of
42° 36' and Degree of Curve of ll° 00' a distance of 387.0
feet to AX-34; thence N.54° 19' W. 220.0 feet to AX.-35;
thence N.33° 10' E. 194.8 feet to AX-36; thence N.50° 00' W.
131.6 feet to AX-37; thence N. 58° 00' W. 165.0 feet to
AX-38; thence N.39° 04' W. 144.5 feet to AX-39; thence
N.43° 12'~iW. ~hOg~,8~eet to AX-40; thence N.35° 52' W.
159,5 feet ~o AX-41; thence N. 88° 50' W. 162.4 feet to AX-42;
thence N~61!.~4'i~-136.7 feet to AX-43; thence S.36° 09' W.
40.9 feet to AX-44; thence N. 38° 19' W. 89.0 feet to AX-45;
thence along a curve to the left with a central angle of
15° 40' and a Degree of Curve of 4° 18' a distance of
364.1 feet to AX-46; thence N. 53° 59' W. 113.0 feet to AX-47;
thence along a curve to the right with a central angle of
27 59' and a Degree of Curve of 7° 52' a distance of
355.0 feet to AX-48; thence N. 26° 00' kJ. 149.0 feet to AX-49;
thence along a curve to the lef~ with a central angle of
24° 47' and Degree of Curve of 5° 38' a distance of 407.5
feet to AX-50; thence~S.45° il' W. 213.5 feet to AX-S1;
thence S.65° 34' E. 112.6 feet to AX-52; thence
S.49° 25' E. 196.8 feet to .~i-5~; thence S.00° 56' W.
395.3 feet to AX-54i thence S. 51° 28' W. 84.1 feet to
AX-55i thence S. 03° 26' E. 187.1 feet to AX-56g thence
S. 20~ 36' E. 191.0 feet to AX-57; thence N. 82 52' W.
501.5 feet to AX-58: thence N.85° 15' W. 506.3 feet to
AX-59; thence N. 84D 01' W. 835,0 feet to AX-60; thence
S.26° 29' W. 168.1 feet t~ AX-61: thence S.36° 36' E.
1520.8 feet to AX-62; thence N. 81° 04' E. 847.0 feet to
AX-63; thence, S. 46° 14' W. 163;3 feet to AX-~4; thence
S.20° 32' E. 213.5 feet to AX-65: thence S.26 34' W.
130.0 feet to AX-66; thence S.00O 02' W. 82.1 feet to
AX-67; thence S.11° 29' E. 223.1 feet t6'AX-68; thence
S.O1° 31' W. 70.0 feet to AX-69; thence S.10° 47' W.
200.1 feet to AX.-70; thence S.10°, 34' E. 126.9 feet to
AX-71; ~hence S,19° ~0t' W. 92.0 feet to ~i-72; thence
S.09°15' W. 300.0 feet to AX-73: thence S.$6° 00' W.
35.0 feet to AX~74~ thence N.750 49' W. 129.7 feet to
AX-75; thence S.14 11' W. 284.0 feet to AX-76; thence
S.75° 09' E. 640.0 feet to AX-77 which point is on the
existing boundary line of the Aspen Townsite; thence
N.07° 53' E. 99~.4 feet along said boundary line to
corner No. 6 of the Aspen Townsite as shown on the
official map of the City of Aspen; thence S.65° 27' E.
3,175.2 feet along the existing boundar~ to corner -
No. 5 of the Aspen Townsite; thence S.43° 13' E.
2,632.8 feet to corner E.A.T. 8 of the East Aspen
Townsite which is the point of beginning.
The lands included within the perimeter described herein
lie partly in Section 7, T. 10 S., R. 84 W., partly in
Section 12, T. 10 S., R. 85 W. and partly in Section 1,
T. 10 S., R. 85 W. all of the sixth Principal Meridian.
AND W~IEREAS, the petition and the documents attached thereto meet
the statutory requirements of the State of Colorado.
NOW, T~iEREFORE, BE IT RESOLVED that the said petition for annexation
shall be, and the same is hereby acceoted and ordered filed, and that
notice over the signature of the City Clerk of the City of Aspen shall
promptly be published for hearing thereon to be conducted on September 20, 1965
at 3:30 o'clock P.M. according to law.
A Motion was made by Councilman Barnard, seconded by Councilman Stapleton, to Motion
adopt the foregoinM Resolution. Roll Call vote: Councilmen Kuster aye; Stapleton aye;
Barnard aye.
A motion was ~ade by Councilman Barnard, seconded by Councilman Stapleton to Liquor Lic.
honor any liquor licenses in effect in areas to be annexed. Roll call vote Motion
Councilmen Muster aye; Bernard aye; Stapleton aye.
Berumin-
Tony Berumin was present in the interest of annexation of the area in which he live Annexation
and this will be considered by Council.
Mayor Pabst then read letter from the Planning Co~vaission regarding proposed
zoning amendments.
Hearing-
Hearing on Zoning Amendments was opened at 5:10 P.M~ upon motion by Councilmen Zoning
Kuster, secgnded by Councilmen Stapleton and carried with all Councilmen voting aye. Amendments
Attorney Scott read letter from Planning Commission recommending adopting of the
ordinances amending'the Zoning Code. Mr. Tom Benton, Planning Commission member, was
present.
Ord. 9 Ordinance No. 9, Series of 1965 - alley set back requirements, was read in full
1965 by attorney Scott. B~ll Beyer referred to variance previously granted on his property
on Mill Street - lot running east and west. This was discussed, and the advantages
under the ~roposed amendment were pointed out. No oppo~sition was expressed.
i~ Ord. 10 ~ Ordinance No. 10, Series of 1965, Measurement of Maximum Height_ of Buildings
i~ 1965 read in full by Attorney Scott. Discussed - and no Opposition expressed.
~.w Ord. 11 'Ordinance No. 11, Series of 1965, Maximum Building Height in business district,
1965 read in full by Attorney Scott. Discussed - and no oppositi on expressed.
A motion was then made to adjourn the Hearing, by Councilman Bernard, seconded by
Motion Councilman Kuster, and carried with all Councilmen voting aye.
The regular meeting was then called to order by Mayor Pabst.
East Aspen Patent - Councilman Bernard said he had asked Mr. John Herron to come to
East Asoen the meeting to brief the Council regarding his land transactions and ownership in the
Patent patented area. Discussed - and Attorney Balcomb expressed the opinion that, as this
matter is in liti%ation, the City's position should not be discussed.
Mr. Balcomb then showed map indicating deeds issued, land claimed and unclaimed
in the East Aspen Patent. He suggested that the streets be surveyed and~dedicated, and
asked what Council wants to do with the riverbank strips, and on those portions of land
on which no applications have Peen filed. Council wants approximate extimate from Davis
Holder of cost to determine the street locations.
Committee Members - Mr. Kerrigan said mll members on the Planning and Zoning
Committee - Coramission are residents of the City.
Resident
Mayor Pabst appointed G. K. Holloway - electrician, and Bob Sterling, architect,
Appointments to the Board of Examiners and Appeals, and additional appointments are to be considered.
Ordinance No. 9, Series of 1965, AN ORDINANCE AMENDING TITLE XI, C~PTER I, THE
ZONING O~DINANCE OF THE CITY OF ASPEN, COLORADO, TO ADD A SUB'SECTION THERETO PROVIDING
Ordinance No.9 FOR ALLEY SETBACK REQUIREMENTS, AND DECLARING AN EMERGENCY TO EXIST: was read in full
for the first time by Attorney Balcomb, and approved as read and ordered published
upon motion made by Councilman Bernard and seconded by Councilman Kuster. Roll call
vote Councilman St~pleton aye; Kuster aye; Bernard aye.
Ordinance No. 1( Ordinance No. 10, Series of 1965, AN ORDINANCE AMgNDIN~ T%~g X%, ~A~ %, ~
ZONING ORDINANCE OF THE ?~IIP~Y~fF ASPEN, COLORADO, TO PROVIDE FOR THE MEASUREMENT OF THE
MAXIMUM HEIGHT ,IN BU.ILDINGg_ .A/qD.DECLARING AN EMERGENCY TO EXIST: was read in full for
· . Dy_ E~orn~ . k~aicomD . .
the first time/, an~1 a m~e~on was made by Councilman Kuster, seconded by Councilman
Barnard, to approve this ordinance as read and to order it published~ Roll call vote ~
Councilman Kuster aye; Bernard aye; Stapleton nay. the motion carried.
Ordinance No. 11, Series of 1965, AN ORDINANCE AMENDING TITLE XI, CHAPTER I, THE
ZONING ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING A SUB-SECTION THERETO PROVIDING
Ordinance No. 11 FOR MAXIMUM HEIGHT OF BUILDINGS IN THE "B" BUSINESS DISTRICT, AND DECLARING AN EMERGENCY
TO EXIST: was read in full for the first time by Attorney Balccmb, and a motion was made
by CouBcilman Barnard, seconded by Councilman Kuster, to approve this ordinance as read
and to order it published. Roll call vote - Councilman Stapleton nay; Kuster aye;
Barnard aye. ~he motion carried.
Upon inquiry, Councilman Stapleton said he had voted against the Ordinances No. 10 and 11,
as he felt they had not had sufficient consideration.
Budget preparation - a motion was made by Councilman Barnard, seconded by Councilman
Budget Maker Stapleton, to appoint City Administrator, Kerrigan as the budget maker. Roll call vote
Councilman Kuster aye; Barnard aye; Stapleton aye.
Polling Places - Municipal Election - A motion was made by Councilman Stapleton,
seconded by Councilman Barnard - to confirm as polling places for November Election:
Polling Places Ward One City Hall
Nov. Election Ward Two. The Smuggler Inn - Main Street
Roll call vote ~ Councilman Kuster aye; Stapleton aye; Barnard aye.
Parking on Angle Parking on Main Street - discussed - and it was suggested this be worked out
Main St. with the planning consultant and the Police Chief. Council agreed to angle parking
at the Smuggler and Arthur's Restaurant in the meantime.
Humble Oil suit - pretrial on Monday August 23, 1965.
Knight Club - Mr. Balcomb has not heard from their attorney, Mr. Cooley.
Ordinance No. 12, Series of 1965, AN ORDINANCE PROVIDING FOR THE VACCINATION AND
Ordinance No.12 LICENSING OF DOGS; FOR THE IMPOUNDING AND DISPOSITION OF UNLICENSED DOGS; FOR THE REPEAL
Dog Control OF PRIOR ORDINANCES ON THE SAME SUBJECT MATTER; AND DECLARING AN EMERGENCY TO EXIST:
was read ~n full for the first time by Attorney Balcomb - and a motion was made by
Councilman Stapleton, seconded by Councilman Bernard, to approve the ordinance as read
and to order it published. Roll call vote - Councilman Kuster aye; Barnard aye;
Staplston aye.
~ Motion A motion was made by Councilman Stapleton, seconded by Councilman Kuster, that the
next regular meeting of Council will be held on Tuesday, September 7, 1965. All Councilmen
voted aye.
Mr. Kerrigan's report:
Salary Schedule Salary schedule discussed also whether to include in Code by Ordinance. Mr. Balcomb
will advise.
A motion was made by Councilman Kuster to suspend Rule 19, and to approve the followin~
salary increases effective August 16, 1965.
N~ncY AuSeklis $325.00 Mildred Kimsey $325.00 Salary Increase
Lelan~ Bartlett 415.00 Andrew Lapato 504.00
David Benson 480.00 John Lundahl 480.00
Margaret Crowdis 358.00 Patsy Newbury 341.00(170.50 City)
Richard FleWelling 325.00 Marion Scott 612.00
Richard Jervis 504.00 Henry Thurston 583.00(291.50 City )
Notion seconded by Councilman Barnard. Roll call vote; Councilman Stapleton aye;
Kuster aye; Bernard aye. Motion
Mr. Kerrigan recommended~storm sewer and manholes on Original Street - and said bid
of Armco is $10,179.98. A motion was made by Councilman Bernard, seconded by Councilman Bid Storm Sewer
Kuster, to accept the bid Qf Armco, and have Kerrigan enter into a contract with them. & Manholes
Roll call vote -Barnard aye; Kuster aye; ~tapleton aye. Original St.
ute Avenue - Aspen Alps Club - Mr. Kerrigan showed plat - and said there is an
encroachment of fen~e.~a~!the GlOry M&~e,~]~n~ encroachment of rock wall at Aspen Alps Club Encroachment
into the public right-of-way. Discussed wi~h of pavement - parking. A motion was made Aspen Alps Club
by Councilman Bernard, seconded by Councilman Kuster, that the Alps Club be instructed to Ute Ave.
tak.z the rock wall out of the right-of-way. Roll call - Councilmen Bernard aye; kuster
aye; Stapleton aye.
Police Officer - Mr. Kerrigan said Fred Macintosh - previously employed on the police
~orce - would like to return, - discussed ~ that he had proved satisfactory, and a motion Police O~fice
was made by Councilman StapletOn, seconded by Councilman Barnard, to rehire Fred Macintosh Rehire
at a mcnthly salary of $529.00. Roll Call vote - Councilman Stapleton aye; Kuster aye
Barnard aye.
Storm Sewer - Mr. Kerrigan said initial payment is due contractor, and a motion was
made by Councilman Kuster to suspend Rule 19 and pay to the Robert Hall Construction Co. Storm Sewer
$2%,494.10. Motion seconded by Councilman Bernard. Roll call vote - Councilman Kuster aye Payment
Stapleton aye; Bernard aye.
Transfer of Funds - the following Resolution providing for the transfer of $40,000.0(
from the Electric Operating Fund to the General Fund was read by Mr. Balcomb, and a motion Transfer of
was made by Councilman Stapleton to adopt the Resolution. Motion seconded by Councilman Funds
Barnard. Roll Call vote - Councilman Kuster aye; Barnard aye; Stapleton aye. Motion
RESOLUTION
WHEREAS, the City Council of the City of Aspen, Colorado desires to pay '
certain amounts that are now due from the General Fund cf the City, and finds RESOLUTION
that there i~ not sufficient money available in the General Fund currently to ~
effect such payments:
WHEREAS, the payments of such accounts shall not cause the City to
exceed the over-all budget of the General Fund:
WHEREAS, the City Council finds that it is in the best interests cf
the City to make such payments, and desires to transfer the sum of $40,000.00
O
from the Electric perat~ng Fund to the General Fund, to accomplish the
purposes aforesaid;
NOW, THEREFORE, be it resolved:
1. The City Clerk and ~the City Treasurer are hereby authorized and
directed to transfer the sum of $40,000.00 from the Electric Operating Fund
to the General Fund to provide for the payment from the General Fund of the
following accounts due from the _City:
Storm Sewer Projects and Other Accounts.
2. A copy of this Resolution shall be delivered to the City Clerk
and City Treasurer as authority to effect said transfer.
Water extension agreements - a motion was made by Councilman Stapleton, seconded Water - City
by Councilman Bernard - to authorize the Mayor and City Clerk to execute the Contract #1 Main Corp.
for water service between the City and No. 1 Main Corp. (Daniel Wiegner, President)
Roll Call vote Councilman Kuster. aye; Stapleton aye; Bernard aye.
A Motion was made by Councilman Stapleton seconded by Councilman Kuster, to AgDeement
authorize the Mayor and City Clerk to execute the Contract for ~ater Service and the Meadowood, In.c]
Prepayment Agreement between the City and Meadowood, Inc. Roll Call vote - Councilman
Barnard aye; Kuster aye; Stapleton aye.
Bob Cutting referred to Council drawing of a stairwell on the east side of the Hotel Stairs Barber
Jerome to barber shop - that Would extend into the public right-of-way, and the Council Shop - Hotel
instructed the Clerk to refer this to the Planning Commission.
Correspondence - The Mayor read a copy of. a letter sent to the planner, Mr. Gerry
Brown, re need for playgrounds.
Councilman Barnard referred to comments made by Mayor Pabst and City Administrator
Kerrigan at the Forum in Leadville, and said he felt the Mayor should check with Council
before making s~eeches regarding City affairs.
No reply re exchange of lots - BI 67 and Glory Hole.
City of Aspen Council Meeting, Regular Meeting August 16, 1965 Continued
Signs on Signs on City Property - Mr. Kerrigan is handling.
City Propert
A Motiom was made by Councilman Barnard, seconded by Councilman Kuster - that
Council go into executive session - at 7:00 P.M. Motion carried with all Councilman
' voting aye.
~ i Discussed - dumpsite.
Council went back into regular mession at 7:40 P.M. °upon motion bwCouncilman
Kuster, seconded by Councilman Barnard and carried with all Councilmen voting aye.
~6 Mayor then calle'd the meeting to order, and the meeting was adjourned at
7:45 P.M. upon motion by Councilman Barnard, seconded by Councilman Staple~on and
carried.
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