HomeMy WebLinkAboutminutes.council.19660103 The regular meeting was called to order at 3:35 P. M. by Mayor Pabst, with
Councilmen Stapleton, Kuster and McEachern, Attorney Tam Scott and City Administrator
! {~ Kerrigan present. Councilman Barnard was hhsent.
I' The accounts payable were given to Councilman Stapleton to check.
~-~ The minutes of the previous meeting of December 20, 1965, were approved as read.
A motion was made by Councilman Stapleton, to suspend Rule 19, and to pay the
City's bills. Motion seconded by Councilman McEachern. Roll call- Councilmen Kuster
aye; Stapleton aye; McEachern aye. The motion carried.
Ordinance No. 22, Series of 1965, - An Ordinance Amending Title XI, Chapter 1,
Ord. 22, The Zoning Ordinance of the City of Aspen, Colorado, to Provide for Two Additional
1965. Districts, and to Establish Uses and Regulations Therein, and~Declaring an Emergency
to Exist- was read in full for the second time by Attorney Scott. Discussed- At-
torney Gross felt there should be a map included. Mr. Scott is to look into this
matter and this Ordinance was tabled.
Ord. 23, 1965 Ordinance Noi 23 Series of 1965, An Ordinance mending Title XI, Chapter 1, the
Zoning Ordinance of the City of Aspen, Colorado to Provide Zoning for the Area Annexed
to the City of Aspen, Colorado, by Ordinance No. 16, Series of 1965, and Declaring
an Emergency to Exist - read for the second time by Attorney Scott_~and after dis-
cussion, this ordinance was tabled, for Attorney's opinion regarding the map mentioned
therein.
Ordinance No. 24, Series of 1965, Amending Chapter 2 of Title VII, as amended,
Ord. 24, to Provide Additional Restrictions on Excavatio~ in City Streets, Alleys, Sidewalks
1965. or Other Public Ways, and Declaring an Emergency to Exist -
read in full for the second time by Attorney Scott, and a motion was made by Council-
man McEachern, seconded by Councilman Kuster, to approve the Ordinance as read and
to finally adopt it. Discussion - Butch Clark said he realizes ~hat a problem exists
because some have been put ~n improperly and those who do good jobs are penalized.
He referred to bonding, and to cut made by his company on Cooper - also competition
with those contractors who came in from the outside. He feels bonds are the answer-
n~{restrictions. Discussed further, and Councilman Kuster withdrew his second to the
motion, and Councilman McEachern withdrew his motion.
Table-Ord. 24. Councilman McEachern then moved to table Ordinance No. 24, 1965, for further
study. Motion seconded by Councilman Stapleton. Roll call vote - Councilman Staple-
ton a~e; Kuster ayea~ McEachern aye.
i%..~ Attorney Scott then refer~ed to Ordinance No.22, Series of 1965, re~arding
Ord. 22~ zoning districts and no reference to map in ordinance, and advised that the second
1965 reading.is valid. A motion was made by Councilman McEacher~, seconded by Councilman
passed. Stapleton, not to table this ordinance and to approve and finally adopt Ordinance No.
22~ Series of 1965,. No further discussion. Roll call vote - Kuster aye; Staple-
ton aye; McEachern ~aye.
Ord. 1 Ordinance No~ 1, Series of 1966 - (Amending Dog Vaccination Ordinance ) An Ordinance
1966. Providing for the acclnat~on and Licensing of Dogs; for the Impounding and Disposition
of Unlicensed Dogs; and DeClaring an Emergency to Exist,- read in full for the first
time by Attorney Scott, and a motion was made by Councilman Stapleton, secobded by
Councilman Kuster, to approve Ord. No, 1, 1966 as read, and to order it published.
There was no discussion. Roll call vote - Councilmen McEachern aye; Kuster aye;
Stapleton aye. ~
Ordinance.No. 2, Series of 1966 - An Ordinance Amending Ordinance No, 2, Series
of 1965, Providing for eg~stratmon of Employess in Occupationsand Industries Criti-
Ord. 2, 1966. ca~ to the Economy of the City of Aspen of Aspen, Colorado, and Vicinity, and
Declaring an Emergency to Exist, read in full for the first time by Attorney Scott,
and a motion was made by Councilman Kuster, seconded by Councilman McEachern, to
approve Ordinance No. 2, 1966 as read and to order it published. There was no dis-
cussion. Roll call - Councilmen Stapleton aye; Kuster aye; McEachern aye.
Mayor Pabst read a letter from Davis Holder re the M and M onstructlon Co., and
C '
Merrill Const. "Red" Merrill was present - about adjustment in his statement for charge for big
qu~pment brouzht in for repair work. Discussed, and to be tabled for further study
Tabled with Mr. Merrill, Mr. ManCke, City Administrator Kerrigan and the City Council.
Harold Tietler referred to complaint filed 6y the Building Inspector in the
Tietler MaKistrate's Court. Council felt this matter should not be discussed by them before
Court hearing the court earing, and suggested that he come back after the hearing.
Mr. Glenn Paas was present in support of Hubert Erhard's application for a liquor
Liquor license for the Golden Horn Restaurant, and had to leave to attend another meeting.
License
Jack Holst also appeared as character reference for Mr. Erhard, and he, too, had
Golden to leave the meeting before the hearing.
Restaurant
Mayor Pabst said Councilmam Barnard had been delayed on an emergency case and
asked if Council wished to hear the application for the liquor license-Golden Horn
Restaurant. Councilmen McEachern and Stapleton were agreeable to this also Attorney
Leslie Gross. -
Mr. Gross presented a memorandum to Council -and said he believes onlk ~haracter
is involved. He presented a petition - eight parts, and r~arlzed, bearing approximately
135 signatures, in favor of the issuance of the liquor license. He also presented a ~m
letter from Mr. and Mrs. Preusch of the Norway Lodge in favor of this license, which
was read by the City Clerk. '
Mr. Gross referred to approvals indicated by Mr. Hoist and Mr. Paas. Wolf Beyer
said he had known Hubert Erhard since 1957-58, when he worked for Buttermilk Ski
area, and spoke very highly of him.
Golden Horn
Robert Craig said he has had business and. friendly relationship with the
Erhard's, and is most impressed with Erhard's contribution to the community; he cont'd.
referred to his first class restaurant and asked that license be granted.
Mr. C. M. Clark endorsed the liquor license, and said he had known Erhard for
about two years- business relations are satisfactory and he would like to see license
issued.
Hans Gramiger spoke iB favor of the liquor~license and said Erhardlruns clean
~ and orderly establishment.
Menry F. Schreiber said he had known Erhard for quite some time and recommends
that license be issued.
Joanna Albus said she had known Erhard for about a year, and strongly recom-
mends that license be issued.
Attorney Scott advised Council that legal questions have been.decided.
A motion was made by Councilman McEachern that Golden Horn Restaurant be granted Golden Horn
a liquor license. The motion was se6onded by Councilman Stapleton. There was no Motion
further discussion and. no remonstrances. Roll call vote - Councilmen Stapleton aye;
~McEachern aye; Mayor Pabst also voted aye. The motion carried. CouncilmaB Kuster
had disqualified himself and had withdrawn during the discussion and motinn.
Oouncilman
Councilman Kuster returned to the Council Chambers. Kuster
Contract with Dale H. Rea - for engineering services on Filter Plant- Treated
Water Storage Reservoir and Watermains - Mr. Kerrigan said City Attorney has looked
over the contract, ~hich is standard contract and Kerrigan recomr0~ended its acceptance. Contract
Discussed - source of revenue, which will come from bond issue, and interim ex- Dale Rea
~enses will be handled by Water Operating Fund. Mr. Kerrigan said he is drafting
letter to Council re additional sources of revenue. Discussed taxing liquor-and
plan of distillers to start court action.
A motion was made by Councilman Kuster to accept the agreement with Dale H. Rea Dale Rea
as presented, and to authorize the Mayor and City Clerk to execute same. Motion was ~Contract
seconded by Councilman Mc~achern. No discussion. Roll call vote - Councilmen.
Stapleton aye; Kuster aye; McEachern aye. . ~
Discussed - Dump Purchase agreement- and a motion was made by Councilman Payment-
Kuster, seconded by Councilman Stapleton, to suspend Rule 19, and to pay the amount Dump Purcha~
of $15,000.00 on the dump purchase agreement on January 15, 1966. Discussed. Mr. Agreement.
Kerrigan has asked Attorney Scott to contact the County Attorney about satisfactory
contract to provide for sharing the cost~of this land- on a 50-5Q basis. Roll call
vote - Councilmen McEachern aye; Kuster aye; Stapleton ~aye.
Attorney Scott referred to East Aspen Patent - Flavien Cerise~ deceased- appli-
cation filed 1958- became mixed up with law suit with John Herron and the City; East Aspen
referred to pre-trial order wherein Herron was to convey surface rights to Cerise; Patent
referred to exchange of deeds between Herron and City - and deeds to $nyder and Flavien Cerise
Sparovic, but not to Cerise. Mr. Scott requested Qouncil to authorize execution of Deed
d~ed to Cerise heirs. He also said he had discussed this with Attorneys Balcomb and
Cllnt Stewart and John Herron, who are in accord on issuance of deed. ~ This is not
involved with the Buchanan suit. Attorney Delaney ~e~resents heirs of Flavien Cerise.
Discussed - issuance of deed to Bob Kopp in conflict with John Hereon. After fur-
ther discussion, a motion was made by Councilman Kuster, seconded by Councilman Mc Motion
Eachern to table this matter subject to written approval of City Attorne~ Balcomb.
Roll call vote - Councilman Staplet0n aye; Kuster ~aye; McEachern aye.
East Aspen Patent map - Mr. Kerrigan said he had met with ~ttorney Balcomb and East Aspen
M~. Holder - progres~ has been made but no final answer yet some land described Patent Map
by m~tes and bounds and some by lots and blocks. Mr. Holder is not now working on it.
Mr. Kerrigan has map of survey of streets. Clerk instructed to continue to hold
recent application umder East Aspen Patent.
Discussed- Winterskol - use of Paepcke Park for snow p~ogram.
use of Wagner Park for dog sleds for dog races, and Winterskol
dog control.
Council agreed to this.
Mr. KerrigAn said he feels there is now a fairly workable program-p~oblem is Dog Control
picking up the same dogs for the second and third time - discussed- and Council
feels they may be taken to Carbondale on second pick-up within 3 months.
Mr. Kerrigan referred to letter dated December 23, from Attorney Montgomery Lots H & I
re Lots H and I in Block 67 QPaepcke Park)~- they want City to buy lots from them Block 67
rather than make exchsnge. No provision in budget for purchase. Discussed - of-
feting them $8,750.00 now and $8,750.00 on January 1, 1967, and Council instructed
Mr. Kerrigan to make this offer to them.
Tony Berumin referred to his request for annexation - this has been referred to Berumin-
Attorney Scott to review, llAnnexation
Bob Craig asked about receiving part of the City's pledge for the n~w Library. Pledge-
Discussed- no date of payment se~. New Library
Discussed- transfer of sales tax funds to the General ~und -to be brought up Trans. of
at meeting of January 17, 1966. Funds-Sales Tax
Letter-from ~lanning and Zoning Commission - re new official map of Aspen and
445
Aspen, Colorado Regular Meeting Aspen Gity Council January 3,1966 continued.
New City new zoning map read and discussed. Councilman Stapleton moved that official City
Map map be drawn up as ocr recommendation from the Planning Commission. After further
discussion Councilman Stapleton withdrew his motion and Council directed Mr, Kerrigan
to handle preliminaries to having this done.
Annexation Letter from the Denver and Rio Grande Western RR re annexation was discussed,
RR Property and file was given to Attorney Scott to handle, based on Council desire to annex
the area in question.
Letter from Building Inspector re amendment to Municipal Code re requiring
permits - Section 4-8-2 "Permits Requimed". Council took this on advisement.
Mr. Kerrigan reported that warning tickets were being issued on parked cars
and this is working out very well.
The meeting was adjourned at 5:55 P.M. upon motion by Councilman Stapleton,
seconded by Councilman McEachern and carried.