HomeMy WebLinkAboutminutes.council.19631007 Mayor Garfish called the meeting to order at 7:30 PM. Present were Councilmen
Beyer, Braun, Newell and Melville, City Administrator Humphrey, and Deputy City At-
torney Wendt.
The minutes of the regular meeting of September 16, 19&3, and the special meet-
ing of October 1, 1963, were read and approved upon motion by Councilman Newell,
seconded by Councilman Beyer~ and carried.
The accounts payable of the City were read and discussed. Also considered were
bills from
Roberts Electric Motor Service - motor replacement $71.91
Emrnest Repair Shop -adjustmeNt - equipment repair - 7~.96
Henry Pedersen - replacement of trees - Galena St. 98.50
A motion was then made by Councilman Beyer,-seconded by Councilman Braun, to suspend
Rule 19 and to allow the bills as read and discussed. Motion carried unanimously.
Bids- The bids on the police car were then reconsidered;
Police car Tenbrook Garage $1,090.00 plus 1962 Plymouth Car
Mountain Motors 1,500.00 " '~ " "
Standard warranty on each.
Motion A motion was then made by Councilman Beyer, seconded by Councilman Braun, to
accept the lower bid submitted by Tenbrook Garage. Motion carried unanimously.
Motion- A motion was made by Councilman Beyer, seconded by Councilman Melville, to
Harland-Bd. of appoint I~win Harland to the Board of Adjustment. Motion carried unanimously.
Adjustment.
A motion was made by Councilman Beyer, seconded by Councilman Melville, to inter-
Police Magis- view Ross Griffin on Tuesday at 5:30 PM, as applicant for position of police magis-
trate t~ate.
Fleisher- Galena Street East - The Board of Appeals has approved the width of the entrance
Galena St. East on Hymen Street. Plat filed with Building Inspector; he is holding up final ap-
proval until full compliance with regulations - matter of canopy or cover over stair-
way will have to be referred to Council.
PUC -ruling Discussed - motion made at the special meeting of October 1, 1963, that City
on transmission not join with Public Service Company in request for rehearing on Public Utilities
line. Commission ruling on transmission line.
r Motion re
rehearing Mr. Brookover from Public Service Co. referred to contract with the City - they
intend to proceed in accordance with its terms.
Mayor ~arrish read letter dated September 20, 1963, from Bureau of Reclamation
regarding electric service,~iufider contract with the City. Mr. Humphrey gave
report on Bureau rates- delivered power i as approximately 10 mills. Reference ~as
made to-fact that no word or contract had been received from Colorado Ute to date.
Mr. Brookover said Public Service Company has asked for a rehearing - they
are in process of preparing a wheeling contract with Colorado Ute, and they are
taking the necessary steps to work under order from the Public Utilities Commission.
Mayor Garrlsh gave resume' of this project and discussion followed: rates would
not be changed because Public Servlee Go. does not have to build transmission line,
as rate is based on customer service.
Attorney Wendt referred to Section 12 of the agreement and advised that unless
agreement is now ratified it is not in effect. A motion was then made by Councilman
Newell that the agreement dated July 8, 1963, between the City and Public Service
Company be ratified, adopted and confirmed. Councilman Melville seconded the motion.
Motion-ratify Bill Dunaway said he felt contract should be renegotiated rom a five year period, due
agreement to possible rate changes, and Mr. Brookover said any change is subject to review and
appr~.~al of the Public Utilities Gommission. Dr. Bernard asked why a period of
twenty ~ears had been chosen, and Mr. Brookover said this is customary in wholesale
contracts- to assure future power and to provide for planning. He also said they
will take steps to get Colorado Ute part of contract carried out. The motion was then
put to vote and carried unanimously.
Mr. Wendt requested review of an application dated September 6, 1963, submitted
Liquor license by The Aspen Alps Club~ dba Aspen Alps Club, for a full liquor license, and said the
Aspen Alps Club premises have been posted~ and published, for remonstrances, none of which have been
received. Mayor Garfish read the application, and Mr. Hornefeld indicated location
on plat. It is to be a condominium, active management club, not open to the public.
A motion was made by Councilman Beyer, to approve the application of the Aspen Alps
°lub for a full liquor license, subject to substantial compliance with the plans
reviewed by Council. This was seconded by Councilman Braun. Councilmen Beyer and
Braun voted "aye", and Councilmen Newell and Melville abstained from voting. Mayor
Garfish voted "no". Attorney Wendt gave the opinion that, as the majority had voted
in favor of the motion~ it had carried.
Dump- Agreement. on Dump with A. J. Jackson - certificate of insurance received, and a
~Maint. motion was made by Cnuncilman Beyer, seconded by Councilman Melville, to approve
agreement, the execution of the contract. Motion carried unanimously.
Attorney Wendt outlined ~rocedure in connection with the refunding of the
water bonds - hold for later.
Jesse Maddalone and George Strong were present regarding the water service for
the new trailer court. Jesse said a line had been added to serve Zupancis, Harmon
and Ericksen, and another started to serve Baraill~r. They plan to charge $100 tap
fee for new taps. Discussed- ordinance requires metering,- billing- irrigation -
Mr. Wendt suggested that Council set standards for mobile homes. They are ~ re- Trailer Pk.
quired to pay $700 tap fee for the 4" line now laid. It was decided that they (Mad- waterline
dalone and Strong) will dig theZupancis, Harmon and Ericksen line beyond the first
trailer on the south side of the trailer park, and tap that line to a 2'~ line,- and
then, behind thi~ line,the 2" trailerline will be met, and also other 2" lines in
trailer park will be met.
Mr. Maddalone referred to bills from t~e Water Dept. in connection with moving
fire hydrants - and Mr. Humphrey will handle.
DiScussed - sidewalk at Elks Club with unusual conditions to be met. Mr. Hum- Sidewalk-
phrey showe~ plan. Mayor Garfish read letter from Margaret Johnson regarding injury Galena-Elks
suffered by ~er mother on sidewalk on Mill Street. Hold for later discussion. Club.
Contract - City Administrator - hold.~
Long Range Plan - P-26 - p~nding.
Mr. Lehr of Lehr and Mosier was present ~regarding basement entrance to the In- Denied-
dependence Building, corner of Cooper and Ga%cna Streets. This entrance would be in entrance in
the alley. After discussion, a motion was made ~y Councilman Newell, seconded by alley-Ind.
CoUncilman Melville, to deny request for entrance in alley to the Independence Build- Bldg.
ing. Motion carried unanimously.
Waterline agreements - still pending.
Feasibility report -use of water and Water rights pending.
S~imming pool ordinance pending.
Street Sweeper - Mr. Humphrey explained that the sweeper was needed to clean street
the streets after paving - that it had been obtained on a rental agreement- for a sweeper.
two month period - rental for that period would be $729.32. Mayor Garfish sai~Mr.
humphrey had not called him for two months and referred to conditions behind curbs.
Kurt Bresnitz referred to Qverflowing of tank on Little Nell, and the Mayor
referred to fire plug in Feinsinger driveway.
Mayor Garfish admonished Mr. Humphrey f~r not consulting hi, self and the City
Council on administrative matters, particularly regarding the sweeper, since he had
been lead to believe, by the company representative, that the sweeper had been
purchased.
Mr. Humphrey said he had previously r~nted equipment without criticism,~and he
felt the immediate need had justified ~is action. Mr. Wendt reviewed m~-~mR the
agreement with Booth-Rouse Company, and advised Council that it is a standard ren-
tal agreement. After discussion, a motion was made by Cnuncilman Beyer, seconded Motion on
byCouncilman Braun, to suspend Rule 19, and to allow the two-month rental charge of Sweeper.
$729.32 to November 20, 1963, and then return the sweeper, advising the company of
this action by certified - return receipt- mail. Motion carried unanimously.
A motion was made by Cour~[lman Beyer, seconded by Councilman Newell to proceed
with the appointment of the following as Judges and Clerks of the Election on Nov-
ember 5, 1963:
W~rd i - Judges. Ward 2 Judges Election-
Ann Slavens Ethel Frost Judges
Grace Condon Berneiee Larrew and
Emma Strong Violet Lavey Clerks
~lte.~aate Judges Alternate Judges
Mary Ba~ Gertrude Elder
Gerald/RoBgood Marie Clover
Elsie Snyder Elli Bealmear
Ward - 1 Clerks
Jennie Cowling Ward - 1 Clerks
G~×~xx~s Mrs. Eva Robisdn~
Pearl Gibson Georgia Bishop
Alternate Clerks Alternate Clerks
Jessie Bates Lettie Lee Brand
Gussie Ander~6n Ellen Nicholson
The motion carried unanimously.
The proposed budget for the year 1964 was then reviewed by Council and disnussed.
Ken Moore wished to go on re=ord as having asked that consideration be gl%eh to the
following: BUDGET
Money to be allocated, for relocation of the dump. 196~
Provision for additional parking
Consultants for the City Administrator
Glory Hole drainage. Improvements in. Riverside Annex.
Water program.
Provision for taking over Holy Cross system within the City.
A motion was made by Councilman Beyer, seconded by Councilman Newell, to adopt Motion
the budget as submitted and approved, for the year 1964. Motion carried unanimously. Budget
ORDINANCE NO. 9, Series of 1963, An Omdinance Levying Taxes for the Year 196~,
to Defray the Cost of M6nicipal Government of Aspen, Colorado, for the Fiscal Year
Beginning January 1, 196~, and ending December 31, 1964 - Was read by Mr. Wendt, and Ord. 9
approved and ordered published upon motion by Councilman Beyer, seconded by Council- 1963
man Braun, and carried unanimously.
Councilman Beyer introduced a Resolution providing for the initiatory pro- Resolution
C-
ceedings to be taken by the zty Council in refunding outstand%ng bonded water in- Refunding Bonds
debtednass of the City in the principal amount of $~70,000, which Resolution was
RESOLUTION
thereupon read in full:
RESOLUTION
WHEREAS, the City of Aspen, Pitkin County, Colorado, by Ordinances numbered
1-1958 and 2-1960 of said City, duly authorized bonded indebtedness of the City,
designated Water Bonds, dated March 1, 1958, April 1, 1960 (Series A) and September 1,
1960 (Series B), in the total amount of $500~000, consisting of the following issues
and amounts:
Amount Date of Issue and Series
$200,000 March 1, 1958 (No Series)
200,000 April 1, 1960 (Series A)
100,000 September 1, 1960 (Series B}:and
WHEREAS, there now remain outstanding of said issues of bonds a total of
$470,000, said outstanding bonds being described as follows:
Issue of 1958: City of Aspen, Pitkin County, Colorado, General Obli-
gation Water Bonds, $180,000, dated March 1, 1958, consisting of 180 bonds in the de-
nomination of $1,000 each, numbered 21 to 200 inclusive, bearing interest payable
semi-annuAlly on the first day of March and the 1st day of September each year,
maturing on September 1, as follows:
Amount Maturity Interest rate
$ 6,000 1964 to 1966 incl.
7,000 1967 and 1968
7,000 1969 4-1~4 %
8,000 1970 and 1971 4-124 %
9,000 1972 and 1973 4-1~4 %
10,000 1974 and 1975 4-1~2
11,000 1976 and 1977 4-1~2 %
12,000 1978 and 1979 4-1/2
13,000 1980
14,000 1981 and 1982 4-1/2 %,
bonds maturing in the years 1968 and thereafter being redeemable at the option of
the City on March 1, 1968, and on any interest payment date thereafter, in inverse
numerical order, at par, accrued interest and a premium of 2% of prircipal.
Issue of 1960, Series A: City of Aspen, Pitkin County, Colorado,
General Obligation Waterworks Improvement Bonds, Series A, $190,000, dated April 1,
1960, consisting of 190 bonds fn the denomination of $1,000 each, numbered 11 to
i ! 200, inclusive, bearing interest payable semi-annually on the ~st day of April and
~ on the 1st day of October each year$~ and maturing on October 1, as follows:
Amount ~at~.~ity Interest Rate
$'"5000 1964 and 1965 4-1~4 %
6000 1966
6000 1967 and 1968 4-1J2 %
7000 1969 and 1970 4-1/2 %
8000 1971 4-1~2
8000 1972 and 1973 4-3~4 %
9000 1974 and 1975 4-3~4 %
10,000 1976 4-3/4 %
10,000 1977 and 1978 5%
ll,O00 1979 5%
12,000 1980 and 1981 5%
13,000 1982 5%
14,000 1983 and 1984 5% ,
bonds maturing October 1, 1970, and thereafter being re4eemable ~ the option of
the City on April 1, 1970, and on interest payment dates thereafter in inverse order
at par, accrued interest and a premium of 2% of principal.
Issue of 1960, Series B: City of Aspen, Pitkin County, Colorado,
General Obligation waterworks Improvement BondS, Series B, $100,000, dated September 1,
1960, consisting of 100 bonds in_the~nomination of $1,000 each, numbered 1 to
100, inclusive, bearing znterest~s~m~-annually on the tst day of March and the 1st
day of September each year, and maturing on September 1, as follows:
Amount Maturity Interest Rate
$4,000 1965 to 1970, Incl. ~-1~4 %
5,000 1971 to 1973, incl.
5,000 1974 to 1978, incl.
6,000 1979 to 1984, incl. ~-1/2 %
Bonds maturing in the years 1971 and thereafter beinM redeemable at the option of the
City on September 1, 1970, and on interest payment dates thereafter in inverse
numerical order at par, acaned interest and a premium of 2% of prinicipal~ and
WHEREAS, sai~ remaining $470~000 of said issues of bonds may be refunded
a~ a lower net interest cost and a lower net effective interest rate, thereby
effecting a substantial saving in cost to the City and the inhabitants and taxpayers
thereof: and
WHEREAS, the City proposes to issue Refunding Water Bonds to provide funds
with which to refund said outstanding Water Bonds in the amount of $470,000 hereto-
fore'issued; and
WHEREAS~ it is considered advisable and necessary to authorize the issuance
of said Refunding Water ~onds for such purpose:
THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
1. That said City of Aspen, Colorado shall issue and cause to be sold at
not less thah' their par value to provide funds With which to refund and pay $470,000
of the putstanding Water Bonds of said City hereinabove described, under the pro-
visions of Chapter 139, Article 44, Colorado Revised Statutes 1953, as amended,nego-
tiable coupon bonds of said City, each to be designated "Refunding Water Bond" in the
-aggregate principal amount of $470,000, bearing date November 1, 1963, with interest
from and after date payable March 1, 1964, September l, 1964, and semi-annually on
the ist day of March and the 1st day of September each year, and to mature on September
1, as follows:
Amount Maturity Interest Rate
$ 14,000 1964
18,000 1965
19,000 1966 4%
20,000 1967 and 1968
21,000 1969 4%
22,000 1970 4%
24,000 1971
25,000 1972 and 1973
27,000'!~'i? 1974 and 1975
29,000 1976 and 1977 3.80%
30,000 1978 3.80%
32,000 1979 3.80%
34,000 1980 and 1981 3.80%
20,000 ~1982 3.80%
Bonds maturing in the years 1975, and thereafter shall be redeemable at
the option of the City on September 1, 1973, and on any interest payment date there-
after, in inverse order, upon payment of par, accrued interest;~ and a premium of
2%.
2. The proceeds of the sale of said Refundin~ Water Bonds shall immedi-
ately be placed in escrow to be applied to the payment of said outstanding Water Bonds
of the issues dated March 1, 1958, April 1, 1960, and September 1, 1960, in the man-
ner provided by Law and the Ordinance authorizing such Refunding Bonds.
AND BE IT FURTHER RESOLVED That a Certificate of Determination be made and
entered upon the records of the City prior to the issuance of said Refunding Water
Bonds, as provided by law, in the following form, to-wit:
CERTIFICATE
CERTIFICATE OF DETERMINATION OF
in DETERMINATIO]
WHEREAS, the City of Aspen, Colorado,/pursuance of proceedings lawfully had
and taken, proposes to issue its Refunding Water BOnds in the aggregate 'amount of
$470,000, to.refund a total of $470,000 of bonded indebtedness of said City, to-wit:
City of Aspen, Colorado General Obligation Water Bonds in the
amount of $180,000, da~ed March 1, 1958, numbered 21 to 200,
inclusive,maturing in the years 1964 to 1982, inclusive, and
redeemable March 1, 1968;
City.of Aspen, Colorado, General Obligation Waterworks Improve-
ment Bonds, in the amount of $190,000, dated April 1, 1960, desig-
nated Series A, numbered 11 to 200, inclusive, maturing in the years
1964 to 1984, inclusive, and redeemable April 1, 1970:
City of Aspen, Colorado, General Obligation Waterworks Improvement
Bonds, in the amount of $100,000, dated September 1, 1960, desig-
nated Series B, numbered 1 to 100, inclusive, maturing in the ~ears
1965 and 1984, inclusive, and redeemable September 1, 1970; and
WHEREAS, the Law under which said Refunding Water Bonds must be issued
required the City Council to determine the amount of Refunding Water Bonds to be
issued and to make and enter upon the records A Certificate of Determination prior
to the issuance of said bonds;
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, IT IS HEREBY CERTIF~EiD AND
RECITED AND DETERMINED BY THE CITY COUNCIL OF THE CITY OF AEBEN, AS FOLLOWS:
1. That on the date of the Certificate such Refunding Water Bonds have
not been issued.
2. That the amount of said Refunding Water Bonds to be issued for the
purpose of redeeming and refunding~a like amount of the outstanding lawful bonded
indebtedness of said City, above described, is hereby determined to be the sum of
$470,000.
3. That the net interest cost of, and the Net Effective Interest Rate
on the Refunding Water Bonds shall be substantially less that the net In~erest Cost
of and Net Effective Interest rate on the bonds to be refunded.
IN WITNESS WHEREOF, the City ouncll of the City of Aspen, Colorado, has
caused this Certificate of Determination to be signed by the Mayor and attested bY
the ~ity Clerk under the seal of thi~'~ City this day of 1962.
Councilman Newell thereupon moved the adoption of the aforegoing Resolution.
C '
ouncllman Beyer seconded the motion, and upon roll call Councilmen Beyer, Braun,
Melville and Newell voted "aye" and the Resolution was duly adopted.
Thereupon Councilman Melville introduced and there was read in full the following
27:
City of Aspen Regular Meeting Aspen City Counxil October 7, 1963 Cont'd.
Ordinance No. 10, Series of 1963- An Ordinance Providing for the Issuance by the
Ordinance City of Aspen, Colorado, of its Negotiable Coupon Bonds in the Principal Amount of
10 $470,000 to be Designated "Refunding Water Bon~s", for the Purpose of Refunding a
~ 1963 Like Amount of Outstanding Bonded Indebtedness of Said City; Prescribing the Form
of. Said Refunding Bonds; Providing for the Levy and Collection of an Annual Tax to
Pay. Said Bonds, Principal and Interest; and DECLARING AN EMERGENCY TO EXIST.
It was-thereupon moved by Councilman Beyer and seconded by Councilman Braun
that the foregoing Ordinance be passed on first reading and be published in the
Aspen Times, and that said Ordinance be considered for final passage at the regular
meeting of the City Council to be held October 21, i963. The motion carried -with
Councilmen Beyer, Braun, Melville and Newell all voting "aye".
Distr. No. 1 Mr. ~Wendt. informed Council that the Tax Roll for Improvement District No.1
Tax Roll must be ready by October 21, 1963.
Discussion was resumed on the sidewalk at Galena and Hymen, Elks' Building,and
Mayor Garfish authorized Mr. Humphrey to consult the trustees of the ~lks' Club,
Sidewalks- to work out an acceptable plan; also to contact the Eagles' Club regarding side-
Elks& Eagles walk.
Club Bldgs.
Quit Claim Deed - A motion was made by Councilman Beyer, seconded by Councilman
Braun, to authorize the execution of a corrective deed to
Deed- Block 52 Don Hilmuth and Don Rayburn to all of Lots N and O in Block 52,
City and Townsite of Aspen.
Motion carried unanimously.
East Aspen Patent- still pending
Opinion on entrances to service stations - pending.
The me~ting was adjourned at 2:45 AM until 7:45 PM, Monday, October 21, 1963.
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