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HomeMy WebLinkAboutminutes.council.19610515 Aspen~ Colorado Ragu%ar Meeting, Aspen CitM Council~ May 15, 1961. _ The m~eting was called to order at 7:30 PM by Mayor Garfish with Councilmen Ander- son, Bayer, James and Braun, City Attorney Stewart, City Administrator Wurl, and Treas- u=er John Hall present. The Public Service Co. was represented by Mr. Beatty, Mr. Speer and Mr. Craig. Public Mr. Beatty said the company would be willing to have the minimum of 950 BTU'S included Serv. Co. in the franchise. Discussed- franchises of Public Service Co. and Rocky Mountain Natural Gas Co. and the differences therein. It was suggested that propqsed changes be included in the Public Service Co. franchise~before it was presented for reading, and Mr. Stewart and Mr. S~peer will handle. The minutes of the regular meeting of May i were read and the following correction Correction noted - Councilman Anderson, not Braun, was with Mayor Garfish when he ordered the May 1 Min. street sweeper. A motion was made by Anderson, seconded by Braun, to approve the min- utes as corrected. Carried unanimously. The accounts payable of the City, the Electric and Water Departments were read and discussed. A motion was made by Braun, seconded by Bayer, ~o suspend Rule 19 and allow the several amounts. Carried unanimouslyw Discussed-condition under the bridge and the need for liability insurance. Council- New man Braun will take this up with Stapleton. Bridge Neil and Paul Beck would fike to bid on any additional waterworks, and they will be considered if bids are invited. Jim Snobble asked for a ~ecision on the application of the Nugget for a liquor lic- ense. Paul Adams, local law enforcement officer of the State Liquor Code was present at the request of the Mayor. He read an opinion from the Attorney General regarding measure- Application ment - 1946 - that such ~easurement should be made by the most direct line regardless Nugget of any intervening obstacles from the nearest property line to property line. Jim Snobble said that as hearing has been had, they should have been informed if further arguments are to be submitted. Discussion followed on Liquor Law and Code, and verbal remonstrances received from Bill Clark for the School Board, and from Mrs. Flossie~Adams for the PTA, both of whom said his group was unanimously opposed to the issuance of the license. The ~r. Adams said that if application were approved, the State would probably send Nugget another investigator regarding distance from school and the fact that premises are not yet ready for inspection. He suggested the Mayor contact Myron Donald, Director of State liquor Department, Acoma 2 9911, extension 2037. Mr. Stewart said that according to State regulations the measurement from school should be made in a straight line, and that there are no cases in Colorado of a Supreme Court ruling on this. He said Council should not be put into the position of inter- preting State law, but if they decided the license was justified by local needs, atten- tion would have to be draw~ to the school matter and the fact the premis~s~are not yet ready for inspection. As to remonstrances received after last meeting, as this matter was tabled, he said it would be proper to consider. Councilman James made the following motion - since Council does not have a firm policy- to approve application subject to erection of building and State's determin- ation of necessarv measurement. As there was no second, the motion was withdrawn. Councilman Anderson made a motion that a plat be sent to the State Libor Commis- sion and they determine the measurement, and that the City Attorney be authorized to obtain an opinion as to interpretation of the law and regulations promulgated thereunder as they pertain to the measurement of distance in regard to proposed licensed premises andany public or private school, and further action on said license to be tabled until decision is received. Seconded by Beyer and carried unanimously. A copy of the decision to be sent to Mr. Adams. 3:2 Beer Donald Fleisher was present in the interest of his application for a 3:2 Beer license Pinnocchio'~ for Pinocchio's - formerly Corrina Inn. This was read by Attorney Stewart and dis- cussed. Reason for new license was given as sale of business. Articles of incorporation are being prepared. A motion was made by Anderson, seconded by Braun, to approve the 3:2 Beer license for Pinocchio's, the application to be signed ~fter it is properly notarized. Carried unanimously. Limelite Discussed - Limelite and whether old accounts have been paid. Attorney Stewart will l~ok into this. Harry Cornell, Portland Cement Association, referred to trip with Mayor Garfish Soil and Councilman Braun to inspect soil cement paving, and showed additional slides, and Cement a sample. He said the ~ost at Julesburg was $1.41 per sq. yd, - contractor, Inland 'Construction Co. At Wray, $1.50 per sq. yd. including asphalt. Mr. Beatty of the Public Service Co. presented certificate of publication, which was notarized by Mr. Stewart, and requested that the franchise, as amended, be read. The Public Service Company of Colorado, acting by C. E. Beatty, its Division Manager, then filed with the Council its Notice of Application fora franchise entitled: An Ordinance Granting a Franchise by the City of Aspen, Pitkin County Colorado, to public Service Company of Colorado, its Successors and Assigns, to Locate, Build, Construct, Acquire, P~rchas~ Extend, Main- tain and Operate into, within and through the City of Aspen, a Plant or Plants,a~d~'Works, for the Purchase, Manufacture, Transmission and Distribtuiion of Gas, either Natural, Artificial or Mixed, and to Furnish, Sell and Distribute Said Gas to the City of Aspen, and the Inhabitants Thereof, for Heating, Cooking, or other purposes by Means of Pipes, Mains, or Otherwise, Over, Under, Along, Across and Through any and all Streets, Alleys, Viaducts, Bridges, Roads, Lanes and Other Public Ways and Places in Said dity of Aspen, and Fixing the Terms and Conditions Thereof. which application was duly read. The following motion was made by Anderson - that the City Council now consider the franchise ordinance applied for by the Public Service Company and that it be read in full. Seconded by Braun, and carried with Councilmen Anderson, Braun, 3ames and Ord.6, 1961 Beyer present. franch~e Ordinance No. 6, Series 1~61, granting a franchise to Public Service Company of Colorado, was then ~ead in full by AttOrney Stewart and discussed as to the fol- lowing amendments: Article 3, Sec. 1 - amended re 950 BTU~'s and standard measurement of BTU's and change only in accordance with rules of State of Colorado. . Article 6, New Sec. 3 . Change Sections 3,4 and 5 to Sections 4,5, and 6. Mr. Stewart read proposed Section 3 re acquisition of area outside City and what City should pay. There was considerable discussion on this and it was decided to in- clude the formula '~at the then fair market value of said property but not more than the original cost thereof". A motion was then made by A~derson, seconded by Braun, to approve and order pub- lished, Ordinance No. 5, Series 1961, witk the amendments to Article 3, Sec. 1, deleted and restated as read to the Council and with the amendment to Article 6 by adding a new Section 3 as read to the Council and renumbering Section 3,4,and 5 of said Article 6 to be stated as Sections ~,5,and 6 res~pectively, and the Mayor and Clerk are authorized to sign as corrected. Carried unanimously with all Councilmen presort. Further consideration of its application was then requested by Mr. Beatty of Public Service Company, and a motion was made by Anderson, seconded by James, that the City Council may consider further the application of the Public Service Company at its regular meeting to be held June 5, 1961, and that a N~tice as to Further Consideration be published in the Aspen Times for three co~sequtive issues prior to such meeting. Carried unanimously with all Councilmen present. Mr. Reed of the Rocky Mountain Natural Gas Co. said they would like to have their franchise read again at the June 5, meeting. A motion was made by Anderson, seconded by franchise James, to further ~onsider the application of the Rocky Mountain Natural Gas Co. at its Roccky Mtn. regular meeting of June 5, 1961. Carried unanimously. Mayor Garfish read a letter from Rocky Mountain Natural Gas Co. re financial report for the first quarter of 1961. Mr. Reed said City could contact U. S. National~Bank fo~ information. He drew attention to the fact that his company had first approached Aspen about natural gas, and that they are still working on this but~are at a standStill~ait- election in Glenwood Springs. Orville Sho~kley, their auditor, said a report on finan- cial status would be sent to Council and asked them to consider current ass~s and cur- rent liabilities. A contract for engineering service was drafted by Attorney Stewart, City Admin- Eng. St. istrator Wurl and Rae Balanger, and read by Mr. Stewart, the per diem rate to be $10.00 Grades per man. Mr. Stewart had contacted Travis Miller of the Housing and Home Financing Agency, and he thinks application will be expedited in about 15 days. A motion was made by Beyer, seconded by Anderson, to adopt the following resolution: WHEREAS, the City of Aspen Oherein called the applicant) after thorough con- sideration of the various aspects of the problem and study of available data has hereby determined that the construction of certain public works~ general- ly described as Preliminary study and survey of public streets and establishment of streets grades for street improvements Resolution- is desirable and in tb~ public interest and to that end it is necessary that action St. Grades- preliminary to the construction of said works be taken immediately; and WHEREAS, under the terms of Public Law 560, 83md Congress, as amended, the United States of America has authorized the making of advance~ to public bodies to aid in financing the cost of engineering and architectural surveys, designs, plans, working drawings, specifications or other action preliminary to and in prepara- tion for the construction of public works; and WHEREAS, the applicant has examined and duly considered such act and the.applicant considers it to be in the public interest and to its benefit to file an appli- cation under such act and to authorize other action in connection therewith; NOW~ THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN the governing body of said applicant, as follows: 1. That the construction of said public works is essential to and is to the best interests of the applicant, and to the-end that such public works may be provided as promptly as practicable it is desirable that action preliminary to the con- struction thereof be undertaken immediately; 2. That Leon Wu~l, Oity Administrator be hereby authorized to file in behalf of the applicant and application (in form required by the United States and in con- formity with said act) for an advance to be made by the United States to the ap- plicant to aid in defraying the cost of plan preparation for the above described public works, which shall consist gener~l!yc6f Preliminary study and survey of public streets and establishment of street grades for street improvements. 3. That if such advance be made~, the applicant shall provide or make necessary arrangements to provide such funds, in addition to the advance, as may be required to defray the cost of the plan preparation.of such public works; ~. The said Leon Wurl is hereby authorized to furnish such information and take such action as may be necessary to enable the applicant to qualify for the~ad- vance; 5. That the officer designated in the preceding paragraph is hereby designated as the authorized representative of the applicant for the purpose of furnishing to the United States such information, data, and ducuments pertaining to the ap- plication for an advance as may be required; and otherwise to act as authorized representative of the applicant in connection with this application. 6. That certified copies of this resolution be included as part of the application for an advance to be submitted to the unites Sta~es. and to authorize the City Administrator to take the necessary measures. Carried unanimously with all Councilmen present. A motion was made by Beyer~ seconded, by James, that the agreement with Frank R. Frank Rae Rae is approved but said agreement should notbecome effective until after the City has received notification of the approval or rejection of the advanced Public Contract Works plan under the Housing and Home Finance Agency for $7850.00, the total amount of the contract. Carried unanimously. Mr. Wurl drew attention to the meeting of the Colorado Municipal League at Colorado Springs on June 7,8 and 9, 1961. Mayor Garfish read a letter dated May 15, 1961, from Hans Cantrup re leaks Cantrup in watermains near Continental Inn, Discussed. Wurl said the first leak had Watermain been caused by Cantrup's digger. The City had it r~paired and had billed Cantrup leak but bill has not been paid. Attorney Stewart expressed the opinion that the City does not assume any responsibility. The Mayor read a letter from the Chamber of Commerce covering advertising costs and advantages thereof. Wurl is working on tap fees and metering residences outside City limits. Contract LeCuyer ( Merrick and Company) contract with City read by Wurl . A motion was Merrick & made by Anderson seconded by Beyer, authorizing the Mayor and City Clerk to sign the Co. contract with Merrick and Company. Carried unanimously. Mr. Wurl said the tank had been painted and Well No. 2 will be in operation Tuesday. He will send letter of condolence to Mr. Kelly. Mr. Stewart has drafted ordinance re exchange of property with Aspen Ski Corp. Quiet Title- Ralph Ball - Attorney Stewart will check. Mayor Garrish will send wire opposing Frying Pan-Arkansas Diversion. A motion was made by Anderson seconded by Braun, to recess the meeting intil May 22, 1961. Carried unanimously at l:35AM. Recessed meeting was later postponed until May~29, 1961. Aspen, Colorado - Recessed Meeting, Aspen city Council~ May 29, 1961 Mayor Garrish re-opened the meeting with Councilmen Braun, Beyer and James, City Admifiistrator Wurl and City Attorney Stewart and Treasurer John Hall present. Council- man Anderson was out of town. The minutes of the special meeting of May 8, re East Aspen Patent, were read and approved upon motion by Braun seconded by James and carried unanimously. Ted Mularz was present about entrance to the Catholic Church which is being re- modelled. He showed plans to Council and outlined proposed construction Which will be ~ntrance in the same place as the former entrance, and said construction had been approved by the Catholic Board of Adjustment. A motion was made by Braun, seconded by Beyer, to confirm the~ Church. action of the Board of Adjustment regarding the entrance to the Catholic Church. Carried unanimously. William Stapleton referred to the easement requested by the City from the D and RG Railroad to build waterlines under the~tracks, and said they require Certificate of . 'Easement Insurance for liability and property damage during construction with limits of D&RG $100.000 and $500,000. After discussion the following motion was made by Braun, seconded waterline by Beyer - to raise City's coverage from $50,000 $300,000 to $100,000 - $500-000 Inc. City ($50,000 to 100,000 per accident coverage). Carried unanimously. Liability Paul Ebstrup wants to increase size of waterline to annex of the Blue Sprnce Lodge t6 2", the annexbeing in the County. He referred to new line on Monarch and said Blue Spruce Lodge is hooked onto old line~ He wants to bring 2, line down Monarch and Waterline -Ebs~ ~ tap onto City line. Mr. Wurl referred to the agreement of the owners of the new line rup in the County, in which this would not be acceptable and would be contrary to City policy and promise to owners of new line. Discussion followed - and Wurl will work further with Mr. Ebstrup on this. Waterline Ken Moore inquired about water on Ute Ave., and said he had received deposit on a Ken Moore lot~, of which $1,500 is held in escrow, and which amount could be applied to waterline i~ the City would pay the balance. He will discums this further with Wurl Waddy Catchings suggested that, when the streets are cut for gas installation, the Conduits ~ity consider putting in conduits for under-ground ~ing to avoid digging at a later date. Wurl ~ill take thi~ up with ~dr. LeCuyer to see if such installation would bel feasible. Jim Moore and Attorney Delaney were present in the interest of water in Castle Leasing water- and Maroon Creeks. Mr. Delaney said this shOuld be ~considered from standpoint of Castle-Maroon Moore, Mrs. Paepcke, Leonard Thomas and Whip Jones. He felt the following should be considered - facilities available and carrying capacity; most desirable sum to be charged; irrigation r~ights and agreement that they should be carried through system; any agreement should protect City's rights, and provide for contribubion from property owners towards maintenance with either City or owners responsibt~ fpr maintenance. He suggested Wurl handle and that City keep books also that some of the cost to the pro- perty owners could be assumed by the Federal Gov't. on water used for agriculture only. He referred to work currently being done by Danny Berry on Mrs. Paepcke's ranch. Dis- cussion followed, on whether City at this time would be justified in expenditures on flumes, work necessary, etc., matter of liability on work done by property owners; the property owners to present plan and amount of water they need. Mr. Delaney said they would proceed with this, and in the meantime Wurl will check on what is now being done and the matter of liability, and he will contact Judge Shaw. He and Jim Moore will look into adjudicated rights of Mills and Thomas. Motion- The motion made a~t the special meeting of May 8, to authorize Mr. Stewart and Mr. i ' East A~pen Mellman to prepare case for court on East Aspen Patent was confirmed on motion made by ! Patent. Beyer, seconded by Braun and unanimously carried. Motion not The motion made at that meeting regarding the east ~0 feet of B1 102, etc, was confirmed, discussed, and the motion was not confirmed, and this matter will be discussed further with the Ski Corporation. Mr. Stewart will cOntact Mr. Brown and Mr. Stanton~ The summons in which the City is named- Williams and Lillenas - was discussed and Mr% Stewart said no action was necessary. The invitation from the Public Service Co. to inspect their plant in Denver was discussed, and it was decided to cancel it until a later date as no one can attend at~ this time. The gas franchise ordinances were discussed, and Mr,Stewart said it would be un- desirable to have two outstanding. Wurl referred to Mr. Harmon, who has been doing work gas M ' for Garfield Gas Gathering, and who has gone over the financial status of Rocky ountaln franchises Natural Gas Co. Wurl will arrange a meeting, as Mr. Barmon is agreeable. It was decided that Wurl would find out book value of used police car so that dis- Police car position may be made. .The brusher-sprinkler has arrived, and man will be here to demonstrate. Mr. Wurl said that Public Service Co. had informed him that if their franchise is favored June 5, they will immediately start work on streets were grades are to be es- tablished. He also referred to Convention in Colorado Springs, as he would like to make nec- essary reservations. Mayor Garfish read a latter from Walter Rogers acknowledging telegram opposing Frying Pan-Arkansas Diversin. Jim Markalunas asked about American Legion using City Hall for assembly. Discussed, City Hall whether Oity is meeting code requirements in using Council Room. It was suggested that Fire Code. City not lease out upper part of Hall if Fire Code is not met. Jim will look further into this. Jim said the Building Officials would meet in Aspen on Jul~ 28, and that it is Bldg. Officials usual for the City to pay for lunch tickets. It was suggested he get estimate and again Cony. refer. Wurl referred to the matter of clean-up discussed at the Seminar. It was suggested Clean up that the week of~June 17 be set for this and Mayor Garfish will put proclamation in Aspen Week Times. Vault bids will be in by June 5, also Wurl's report on expenditures. Mr. Handy had told him that reports for the Electric and Water Departments for May Will be available soon. Dis6ussed - park maintenance bids- For Paepcke Park and Fire Station Bestway 175.00 a month Lawn Care -(Kell) 200.00 a month Park Maint. Mower Wagner Park Bestway 125.00 a month Lawn Care (.Kell) 125.00 a month A comparison was made between this and having the City hire a man, purchase mower and handle maintenance of Paepcke Park and Fire Station, with agreement on Wagner Park. A Motion was made by Braun, seconded by James, to authorize Wurl to hire man and purchase a power and a hand mower. Carried unanimously~ Wages and work week were then discussed. Wurl had checked with the Colorado Muni- cipal League and the Public Works of Denver, and had found that there is no standard Wage requirement - that it is up to the City. Discussed that there is not much gained by schedule working Saturdays, and the definite need for stand-bys in all departments. Wurl recom- mended that Council adopt a 40 hour week with wages on a monthly basis. A schedule is~ included in ordinance codification, and after it is passed, will be given to employees. A motion was made by Braun, seconded by Beyer~ to adopt a ~0 hour week with stand-by clause fdr week-ends, with the following schedule of wages: From To From To 1.75 per 88:88 Fy er Mo. 2.00 per ~Our: . 450.00 Carried unanimously. 2.50" " 500.00 ", " Attorney Stewart referred to contract with Denver and Rio Grande Railroad for laying pipeline under tracks, and liability. A motion was made by Braun, seconded by Beyer, to agreement accept agreement dated May 18, 1961 between Denver and Rio Grande Railroad and City of D&RG RR Aspen for laying pipe under railroad and to authorize the Mayor and City Clerk to (waterlin~ execute said agreement and to pay to the D and RG RR the sum of $25.00 for this Privilege. Carried unanimously. Ski Corporation request for vacation of alley in Bi 102 postponed until next meeting. Mr. Stewart said application had been sent to Federal Housing and Home Agency, and i~ not received by Friday,_ a call will be made to Fort Worth. A motion was made by James, seconded by Braun, confirmin~ the motion made at the N. Taylor special meeting of May 3 appointing Norris Taylor to the Board of A~justment. Carried Bd. of Adjust, unanimously. A motion was made by James, seconded by Beyer, to appoint Jack Walls to the Planning J. Walls- and Zoning Commission to replace John Doremus. Carried unanimously. P1 & Zon. Comm. Referring to a summons in which the City has been named - Ralph Ball- Mr. Stewart said lot lines comply and as there is no, deviation, no action is required by the Cityo Mr. Stewart referred to inquiry from Larkin as to whether land at Glory Hole could be purchased on installment basis. It was decided to take this up with him when he comes this summer. Lot 45 Ute .Addition - ownership unknown. He.will try ~o get it o~ the tax rolls. Fritz Benedict i~gettin~ additional infor~natlon regarding annexation- Ute. !03 Aspen, Colorado Recessed Meeting Aspen City Council May 29, 1961 cont'd. Hearing Mr. Stewart said there will have to be a public meeting on the ordinance codification Ord. Cod. due to adoption of plumbing, ele-ctric and other codes by reference. He and Wurl will set a date in June. List of regulations for scavenger is being prepared. i Regarding Meadows waterline, City is involved only in tap charges. : New Wurl reported that State has ordered the contractor to ~ake care of hazardous con- ': bridge dition under the new bridge. Councilman Beyer suggested that a c6mplete record be kept of all accidents occurring at right angle turns into Aspen. Fence- He inquired about fence in alley - Roy Reid. Mr. Stewart said this had been tabled Roy Reid for official survey. Mr. Beyer reported that the driller had gone do~rn 68 feet without getting water in Well at the new well at Little Nell. He had discussed this with Councilman Anderson by phone. Little Nell After further discussion, it was decided that Anderson would talk with Shelton, the driller, and this Will be brought up at the next meeting. Policy in connectidn with waterworks was then discussed. Wurl recommended that all commerical establishments in and outside of the oity limits be metered and all residences be on a flat rate.· Council instructed Wurl to proceed along these lines with further Water consideration to be given to the matter of irrigation. Council was agreeable to the rate chg. follQwing changes in rates and an amendment to the Waterworks Ordinance will be prepared. Meter Rate within City First 2~500 gal, used permonth No change Next 12,500" " " " From 80 cents to 50 cents Next 20,000 " " Next 30,000 " Next 35,000 " " Next 100,000 " A~i over 200,000 ' Areas of Maint Wurl showed maps prepared on various areas outside City limits and asked for a direc- waterlines tion from COuncil to designate 9 areas for assessment for maintenance and repair of waterlines. Mr. S~ewart said purpose of rates is to provide for maintenance, amortization of debt ahd profit to the City, so the obligation to maintain and replace lines outside of the City limits falls on the users. Discussion followed regarding notice to users about maintenance or putting in new line, and cutting off ol~ lines after a certain period fol- lowing installation of new line. Policy will be set up by Mr. Stewart and Mr. Wurl and referred to Council. ! Ebstrup Council agreed that Paul Ebstrup should tap on to new l~ne and Wurl will handle. :I water tap Mr~.Wu~l said that when new lines go into operation the City will be able to serve '~ Water water to all but those on Red Mountain, and Wurl and Stewart will notify them accordingly, Red Mtn. with suggestion they either fix tank~supply a pump. ,Correction - "and" see 6/5/61 Min. Policy The {ollowing policy was suggested on line extensions inside the City limits - that line Exten- the user extend the line and the City credit him with 1/2 water rate and 1/2 tap fee sion. until line is paid for. Wurl will discuss this with John Skiff who has this problem. It was suggested, that plat be prepared showing areas outside the City that may want water and the lines necessary to serve. Wurl reported tha~ the tank ig completed and 3/4 of the reducing valves are in, and recount of non-commercial water users will be started soon. alectric Wurl read a letter from the U. S. ~epartment of Interior re reduction in electric Rates power rates. To be discussed later - reduction in commercial rates in City. to Wurl referred to the title/the car the City is leasing for the Police Department, Title- and the following motion was made by Braun, seconded by James, that inasmuch as the title Police Car to the police car was taken in inadvertance in the name of the City, the Mayor and Clerk are authorized to assign back to Ryder Automobile Leasing Co., as the City holds the car as lessee and not as owner. Carried unanimously. Discussed - gas franchise ordinances~ and election in Glenwood on June 27th. Suggestio~ was made to table both ordinances at the June 5 regular meeting. Meeting adjourned at 2:00 AM upon motion by James seconded by Beyer, and carried.