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HomeMy WebLinkAboutminutes.council.19651004 The meeting was called to order at 3:40 P. M. with Councilmen Bernard, Staple- ton and MeEachern, Attorney Scott and Gity Administrator Kerrigan present. Councilman Kuster was absent. The minutes of the regular meetir~ of September 20, 1965!~ were approved as read . Councilman Stapleton moved for the suspension of Rule 19 and for th~ paym~ntt of the City's accounts payable. Motion seconded by Councilman McEachern. Roll call vote - Councilman Bernard aye; McEachern aye; Stapleton aye. Humble Oil Co~D~ilman Barnard referred to the H~mble Oil suit , an~ asked ~ayor ~abst if suit. he had/~ulted by Attorney Scary regarding Judge Darrow's instructions with respect to a settlement~ and the Mayor said he had not. Discussed. (Barnard) Councilman Bernard then referred to complaint filed against him with the Medical Investigation- Board in connection with prescriptions writtent by him at the time Carl Perrian ~rug traffic visited Aspen on an investigation of dru~ traffic. Mayor Pabst said investigation and complaint had been made at the request of twelve businessmen, and that it had not been a Council action. Dr. Bernard demanded that the Parian report be produced for Council; and Councilmen McEachern and Stapleton said that they had read the report already. Dis- cussed. Humble Oil Attorney Scott read letter from Attorney Seavy to Attorney Leslie Gross re suit Humble Oil suit, a copy of which had been sent to Attorney Balcomb. COurt Reporter The Mayor then opened the~hearing on the liquor license applications. Mr. Earl R. Addle, District Court reporter, was present to record proceedings of this hearing, and these will be availabe to Council if and when~needed. Liquor license The following liquor lice~sesapplicatlons were reviewed by Attorney Scott: HEARING Sun-Sut Corporation dba Sunnie's Rende~ous - change in Beer, Wine and Spirituous Sunnie's Rendez- liquor license ownership from individual to corporation. Mrs. Mary Johnston, a~orney, vous-change of said change is due to marriage, and for legal and accounting purposes, and the name. ~establishment will be run as formerly. There were no remonstrances. A motion was made by Councilman Bernard to grant the change of name of the Motion applicant fromSunnie Anderson to Sun-Sut Gorporation, dba Sunnie's Rendezvous. Mo- tion was seconded by Councilman McEachern. Roll call vote; Councilmen Stapleton aye; McEachern aye; Bernard ay~ The motion carried. The Mother- Bruce J. Polich dba The Motherlode - change in ~icense from Beer and Wine to lode Beer, Wine and Liquor effective January 1, 1966. Mr. Polich said he had been in to full business for five years, and felt he needed the full liquor license to meet competi- license tion- and that it is his intention to Continue to serve dinner only, and to stay %.~ open until about 11;00 P.M. There were no remonstrances. Motion Attorney Scott advised Council that decisions on liquor licenses need not be made at this meeting and refaced to the provision in the Liquor Code allowing thirty days for the decision. A motion was made by Councilman Stapleton to approve the change in the type of license of Bruce J. Polich dba the Motherlode Restaurant to beer, wine and spirituous liquors. Motion was seconded by Councilman Bernard, Roi1 call vote- Councilman ~cEachern aye; Bernard aye; Stapleton aye. The motion carried, Golden Horn Restaurant CompaBy ~ba G~lde~ M~r~ Rest~arant - applicatiom for Golden Horn beer~ wine and spirituous liquors - Attorney Leslie Gross referred to corporation, Restaurant and to Regulation No. 16.C-3 of the Liquor Code. He said previous lessee of the Knight ClUb has been evicted! and the fact that Erhard %s not a.cltizen ~oses no problem as far as the State zs concerned, and that application ls for ~lcense by reason of transfer of possession by operation of law. Mr. Nevins-Field Supervisor- Liquor Licensing Authority- said the corporation is O.K. and transfer of license is in accordance with opinion of Attorney General's office. Attorney Scott recommended th-at this matter be investigated further. There were no objections or remonstrances. Motion to table A motion was made by Councilman McEachern to table this application until the next meeting. Motion seconded by Council man Bernard. Roll call vote- Councilman Stapleton aye; McEachern aye; Bernard aye. The motion carried. Mr. Gross asked if this application can othe~vzise be considered if the corper- .etlon structure meets with the approval of the Attorney General, and Council agreed. The Woodlander Hampel, Power, Ramsay, Inc., dba The Woodlander - beer, wine and spirituous liquor; application reviewed. Councilman Bernard asked if funds have been set aside to pay Schull and Carney. Mr. Hampel said they had paid $1,500.00 to District Attorney Wendt for this purpose. Discusse4, and a motion was then made by Council- Motion man Stapleton to approve the beer, wine and liquor license application for the Woodlander. There were no remonstrances. The motion was seconded by Councilman Bernard. Roll call vote - Councilmen Barnard aye; McEachern aye; Stapleton aye. The motion carried. Gray's Smuggler Inn., dba the Smuggler Inc., application for beer, wine and ~Gray's Smuggl r spirituous liquor - reviewed. Attorney Clint Stewart, representing Mr. Gray, Inn. requested issuance of the license. Mr. Gray referred to restaurant now in operation, at the Smuggler, and said he felt there is a need for a liquor license for this restaurant, and loss of business because they do not have one. The~e were no remonstrances. Councilman Bernard said he is opposed to liquor licenses in lodges. Council- man McEachern asked how many lodges do and do not have such licenses. Discussed. A.motion was made by Councilman Stapleton to approve the liquor license ap- Liq.License- plicatlon of the Smuggler Inn, Inc. The motion died for lack of a second. Gray's Smuggler Inn-tabled A motion was then made by Councilman Barnard to conduct the i~vestigation of licenses in l~dges as ~eques~ed by Councilman McEachern, and to table the application Motion of the SmUggler Inn, Inc. until the next meeting - October 18, 1965. Motion was seconded by CoUncilman McEachern. Roll call vote - Councilmen Stapleton aye; McEachern aye; Barnard aye. Paragon Restaurant, Inc., dba - trade name not yet determined - for beer and Paragon Restau- wine onlyl Application reviewed- Mr. LeFavour said he intends to run a real French rant-beer & Restaurant in the ROaring~Fork Building and that wine in a necessity, Discussed- Wine lease, and according to LeFavour this is settled. There were no remonstrances. Motion A motion was made by Councilman McEachern, seconded by Councilman Barnard, to approve the application of the Paragon Restaurant for a beer and wine license. Roll Call Vote - Councilman McEachern aye; Stapleton aye; Barnard aye. The motion carried. Gienn Anderson - dba Glenrose Drug - Liquor Licensed Drug Store application GlenroSe Drug reviewed, and Mr. Anderson showed plan - Mr. Robert W. Hanson, attorney for Louis' Spirit House and Magnifico Liquors was present, and referred to the needs of the community and said he felt~ this is now more than adequately served by the existing Package stores and licensed drug stores - and also referred to the need for addi- tional Policing, and asked that the license be denied. Mr. Anderson said he would lose ~is p~armacy license if he did not conform to the liquor code, and that he would do his own pqlicing. Motion A motion was made by Councilman Stapleton, seconded by Councilman Barnard, to approve the liquor license application of Glenn Anderson, dba Glenrose Drug. There were no further remonstrances, or discussion. Roll call vote- Councilman McEachern aye; Barnard aye; StaPleto9 aye. Paul Robinson dba Paul's liquors - application for retail liquor store reviewed. Robinson-. Mr. Clint Stewar~, attorney, referred to the growth of the City and need for ad- Paal's Liquors ditional x~x~ix~ facilities. Remonstrances were again expressed by Attorney Hanson who referred to burden additional licenses would place on his clients. Councilman Stapl~ton referred to needs of the community and said there were over 75,000 people passing through Aspen last ~inter. Discussed- character of applicant and type of business should be considered- also number of people in Aspen,- strict enforcement of the liquor code and regulations. Motion A motion was made by Counc{lman~Barnard to approve the liquor license application : Of Paul Robinson dba Paul's ~iquor~for Retail Liquor Store License. Motion seconded by Councilman Stapleton. Tbe~e were no further remonstrances or discussion. Roll ~all vote - Councilman McEachern aye; Barnard aye; Stapleton aye. A motion was then made by Councilman Stapleton that the public hearing on liquor Motion to license applications, ~xcept those that have been tabled, be terminated. Motion close hearing. seconded by Councilman Barnard . Roll call vote- Councilmen McEachern aye; Stapleton aye; Ba~nard aye. (5:50 P.M.) Ordinance NO. 1St 1965 - An Ordinance Levying Taxes for the Year 1966, to Defray Ord. 15,1965 the Costs of Municipal Government of Aspen, Colorado, for the Fiscal Year Beginn%ng 3anua~y 1, 1966, and ending December 31, 1966 - was read in full for the secor~t~me bY City Administratom Kerrigan, and finally adopted and approved upon motion by COuncilman Barnard, seconded by Councilman Stapleton. Roll call vote - Councilman McEachern aye; Barnard aye; Stapleton aye. Ordinance No. 16, Series of 1965 -An Ordinance Providing for the Annexation to Ord. t6,1965 the City of Aspen, Colorado, of that certain Territory or Real Estate Particularly Annexation DeScribed in this Ordinance, Lying Outside but Adjacent to Said City of Aspen, Colorado, was read in full for the sec6nd time by City Administrator Kerrigan. A motion was made by Councilman McEachern to finally adopt and approve Ordinance No. 16, Series of 1965. Motion was seconded by~ Councilman Stapleton. Roll call vote~ Councilman Barnard aye; McEachern aye; Stapleton aye. Mr. Frank Brown of the State Department of Health was present and ~eferred to the Golo. State Aspen Report i Conclusions and ~ecommendations- Colorado State Department of Public Health Dept. Health- and considerable discussion followed on adequate water treDtment - public Water Report. drinking water standard,-filtration plant- water samples- Hunter Creek presents prob- lem - when all planned improvements have been made, problems will probably be solved. Mr. Brown also referred to the City Dump and said that as long as present im- City Dump provements are kept up the problems there will probably be solved. Sewerage -This is not a City problem but Mr. BrpWn solicited Council support in Sewer solving the current problems. Environmental Health - Mr. Brown referred to sanitarian 9nd recommended t~ak on Sanitarian be hired -to be paid 1/3 by State; 1/3 by County and 1/3 by City.. Councilman/~cnern there is provision in the 1966 for such position, and applications are being taken. SePtic tank installation ordinance being considered~by County, and Mr. Brown Septic tank~ suggested Council adopt a similar ordinance, installation ordinance. Ordinance No. 17, Series of 1965 - An Ordinance Repealing Title 1 Chapter 18 of the Official Code of Aspen, Colorado, relating to Personnel, and Readopting with Amendments Certain Portions Thereof Relating to the Pay Schedule and Position Classifi- cation, and Declaring an Emergency to Exist-~oberead in full for the second time &~ the.next regular meeting - October ~8, 1965. Ordinance No. 18, Series of 1965 - An Ordinance Adopting the Budget for the City of Aspen, Colorado for the Fiscal Year Beginning the First Day of January,I966, 1%.~i i Ord. and Ending the Last Day of December, 1966, Estimating the Amount of Money Necessary 18, '1965-Budget to be Raised by Tax Levy BaSed on the Said Budget so Adopted, Estimating the Amount of Money to be Derived From Other Revenue Sources, and Setting Forth the Total Estimated Expenditures for Each Fund - Was read for the first time in full by Attorney Scott - and a motion was made by Councilman Stapleton to Approve Ordinance No. 18, Series of 1965, and to order it published. Motion seconded by Councilman Bernard. Roll Call vote- Councilmen McEachern aye; Bernard aye; Staple ton aye. Ordinance No. 19, Series of 1965 - An Ordinance Appropriating Sums of Money to Ord. 19~965 Defray Expenses and Liabilities of the City of Aspen, Colorado, for the City's Fiscal Appropriations. Year Beginning 3anuar7 l, 1966 and Ending the Last Day of December, 1966, - was read in full for the first time by Attorney Scott. A motion was made by Councilman Stapleton at approve Ordinance No. 19, Series pf 1965, and to order it published~ Motion seconded by Councilman McEachern. Roll call vote- Councilman Bernard aye; McEachern aye; Stapleton aye. Ordinance ~o..20, Series of 1965 - An Ordinance Amending Title I, Chapter 7, Ord. 20,1965 Section 1, of the Official Code of the City of Aspen, Colorado, Regarding Increase of the Salary of the City Clerk, and Declaring an Emergency to Exist - was read in full for the first time by Attorney Scott and a motion was made by Councilman McEachern to Approve Ordinance No. 20, Series of 1965, and to order it published. Motion was seconded by Councilman Stapleton. Roll call vote - Councilman Bernard aye; Stapleton aye; McEachern aye. O~dinance No. 21, Series of 1965, An Ordinance Amending Title I, Chapter 14, Ordinance No. 2 Section 4, of the Official Code of the City of Aspen, Colorado, Regarding Increase 1965. of the Salary of the Police Magistrate, and Declaring an Emergency to Exist - read in full for the first time by Attorney Scott. A motion was made by Councilman Stapleton to approve Ordinance No. 21, Series of 1965, and to order it published. Motion seconded by Councilman McEachern. Roll call vote - Councilman McEachern aye; Stapl~ton aye; Bernard aye. Discussed- Sanitarian, and Council feels co-operation with the State is advisable. Election- Judges and Clerks for the November 2, 1965, Municipal election. Council in- Judges & strutted the Clerk to contact those persons who had acted as Judges and Clerks and : Clerks Alternates, at the special election in February,1965, and to appoint substitutes when necessary. ~.~ paying- Sidewalk program - letter dated Septer~ber 23, 1965, from the Planning Commission Planting strip re planting strips and boxes read by Mayor Pabst, and Mr. Kerrigan will handle. George Parry - Aspen Self-Service Laundry - was present - he has chosen to go Parry-req.for flat rate on the water service - and he asked for rebate on metered charges, as he rebate -water said he has paid $1,000.00 more than Burgert's Laundry. Discussed, and Council agreed charges, that no rebate could be made. Bob Card asked what to do about a car that is being demolished in front of his Butane trucks, house, and thiswas referred to Mr. Kerrigan to handle. Mr. C~rd also asked if there is safety ordinance covering parking of butane trucks in City. Mr'. Kerrigan to handle. Sidewalk- Mr. Kerrigan referred to sidewalk installation at Mrs. Twinings's garage, af- Mrs. Twining. fecting drainage. Discussed, and Council suggested Mr. Kerrigan work out something with her. Tree-Popi~h's. Discussed- tree at Popish's - partly dead, and Council agreed that it is to be removed. Waterline Waterline contract - with Robert G. B. Marsh - discussed- and a motion was made agreement-Marsh by Councilman Stapleto~, seconded by Councilman Barnard, to authorize the Mayor and City Clerk to execute the agreement. Roll call vote-Councilman McEachern aye- Barnard aye- Stapleton aye. Police Officers- A motion was made by Councilman McEachern, seconded by Council- manBarnard - ~o approve the hiring of the following officers: James Wilcox $480.00 per month John Fitzgerald 480.00 per month Jim Birdsill 50~.00 per month ~oll call vote- Councilmen Bernard aye; McEachern aye; Stapleton aye. Cost of moving Discussed - bill covering cost for removal of Chief Scott's household goods to ChiefScott- Aspen - and a motion was made by Councilman McEachern, sedonded by'Councilman Staple- Motion ton, to suspend Rule 19 and to pay 1/2 of this bill which amounts to $1,215.37. Roll call vote - Councilmen Barnard aye;McEachern aye; Stapleton aye. I Addendum- Attorney Scott referred to the addendum to the Aspen Alps Ute Avenue paving t Ute Ave. agreement and this will be considered at the next meeting. Table4. ~ ~iverside Ave. Hans Gramiger referred to Riverside Avenue in the annexed area, and Mr. Kerrigan is to look into this. Mr. Gramiger also asked for a~ponsor for an ordinance prohibit- Handbilis ing distribution of handbills. The meeting was adjourned at 7:20 PM upon motion by Councilman Stapleton, seconded by Councilman Bernard and carried.