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HomeMy WebLinkAboutminutes.council.19691027 r Regular Meeting Aspen City Council October 27~ 1969 Meeting was called vo order by Mayor Robert Barnard au 3:45 p.m. with Councilmen Carl Bergman~ John Benninghoff~ Clyde Clymer~ City Administrator Leon Wurl and City Attorney Albert Kern. Councilman Clymer moved to approve the minutes of October 13th as prepared and mailed by Minutes the City Clerk. Seconded by Councilman Benninghoff. Roll call vote Councilmen Bergman aye; Benninghoff aye; Clymer aye. Councilman Bergman moved to ratify the action taken at the special meeting held on October Ratify Action 2~th. Seconded by Councilman Benninghoff. Roll call vote Councilmen Clymer aye; Bergman aye; Benninghoff aye. 953 Re~_e_ting Aspen City Council, _ Qctober 27~ 1969 Burlington City Attorney Kern stated he ~ad talked to the engineer and solicitor general of the D&RGW Zephyr and was told that the tracks from Glenwood Springs to Woody Creek are fit for freight travel but would require approximately $200~000.00 to bring the tracks u~ to the standards required for passenger service. They feel the 8 car train is in very poor condition and ~ each car is permanently connected and they are not interested in running the train. Mayor Barnard stated he felt the train could be purchased for about $60,000 with a down payment of $10,000 and 5 payments of $10~000. Councilman Werner Kusterarrmved~' ~ ~ Councilman Ctymer made a motion to authorize the City Attorney Kern to write a letter to D&RGW and ask them to indicate in writing what specifically would be required. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Bergman aye; ~ Kuster aye. Ii P & Z Appoint- Planning & Zoning Appointment - Mayor Barnard stated he had contacted Michael Garrish and ment he is interested in.serving on the Commission. ~ Co~mcitman Bergman moved to appoint Michael Garfish to the Planning and Zoning Commission ~, to replace George Nene~han. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Benninghoff aye; Bergman aye; Kuster aye; Clymer aye. Bd. of Examiners Board of Examiners and Appeals Appointment -~yor Bernard to check with Robert Lewis to see if he will accept. Bd. of Adjustmen Board of Zoning Adjustment Appointment - Councilman Clymer indicated Jori Chapman may be il Appointment interested in serving on this board. Council agreed to table this till the next meet~g, ii'~ RESOLUTION ~19~ SERIES OF 1969 - tabled. Resolution #20 RESOLUTION #20, SERIES OF 1969 as follows was read in full by the City Clerk: Water Bonds RESOLUTION #20 SERIES OF 1969 gHEREAS, it has been determined by the City Council of the City of Aspen, that it is necessary to extend and improved the water system of said City; and WHEREAS~ there are not sufficient funds in the treasury of the city to pay for the cost of ~ the necessary extensions and improvements to the water system~ and the City Council deems it advisable to issue general obligation negotiable coupon bonds of the City in the principal amount of $350~000 for such purpose; and WHEREAS~ the City Council has determined to provide for the Notice of Sale of said bonds: NOW~ THEREFORE~ BE iT RESOLVED BY THE CITY COUNCIL OF TH~ CITY OF ~SPEN~ PITKIN COUNTY, ii COLORADO: Section 1. That for the purpose of paying the costs of extending and improving the water ~' system of the City~ the City shall issue and sell it~ General Obligation Water Bonds~ in ~i the principal amount of $350~000 dated December 1~ t969~ u~@n the terms and conditions here- after set forth in the Notice of Sale of said bonds~ and an Ordinance to be later adopted ii authorizing their issuance. ~ Section 2. That the Notice of Sale shall be published at least one time ~n Times,il the official newspaper of the City~ and shall be substantially as follows, the Aspen I NOTICE OF BOND SALE Sale Date: Tuesday~ November 4, 1969 City of Aspen~ Colorado General 0bligai~lion Water Bonds Dated December 1~ 1969 $350,o00 PUBLIC NOTICE IS HEREBY GIVEN that the City Treasurer of A~en~ Colorado, will on Tuesday~ the 4th day of November 1969~ at 3:30 o'clock p.m.~ m.s.6, at the City Hall in Aspen~ Colorado~ in the amount of $350~000 to be dated December 1, 1969. Said bonds shall bear interest evidenced by one or more sets of interest coupons at a rate or rates not exceeding 7% per annum~ payable on June 1, 1970, and semi-annually thereafter on the 1st day of June and the 1st day of December~ each year~ and to mature serially on December 1~ as follows: Amount Maturity $10~000 1971 to 1974~ incl. 15,000 1975 to 1978~ incl. 20~000 1979 30~000 1980 40~000 1981 50~000 1982 55~000 1983 and 1984 Bonds of this issue maturing in the years 1971 to 1974~ inclusive~ shall not be redeemable prior to their respective maturity dates. Bonds maturing in the years 1975 to 1984~ inclus- ire, are redeemable at the option of the City on June 1~ 1975~ and on interest payment dates thereafter~ in inverse numberical order~ upon payment of par, accred interest and a premium of 1-1/2% percent of principal. 954 [~-~ED~°~r M~9~ ~ Aspen City Council 0ctober 27~ !969 i Thei bonds wmll be mn the den0mmnatmon of $5~000 ea~h~ numbered 1 to 70 inclusive. Water Bonds Prineipal and interest Will be payable at the Bank of Aspen~ in Aspen, COlorado. i Bmdders are requested to submmt sealed bmds speczfzng the lowest rate or rates of mnterest ~'not e~ceeding the rate set forth abova~ and cas~ premium~ if any~ above par at Which the bidder will purchase the bonds. No more than one intere~st rate may be bid for each maturity land bidders shall specify rates of interest in multiples of twentieths or eights of one percent.~. Any premium b~d must be paid in lawful money of the United States of America as a part of the purchase price. Ail sealed bids should be directed to the City Treasurer~ City Aspen, Colorado, 81611~ and must be accompanied by a certified or cashier's check payable to the City of Aspen~ in the amount of $7,000 which check will be retained by the City as evidence of go~d faith and forfeited if the bidder fails to take~..i~up and pay for the bonds in accordance with his bid. Checks tendered by unsuccessful bidders will be promptly returned after award of the bonds by the City Council. / The bonds will be sold at a price of not less than par and accred interest to the date of delivery. The City Council reserves the right to reject any and all bids and ~o re-advertis~ for the sale of said bonds~ and the right to waive any defect or irregularity in any bid. The bonds will be awarded to the bidder naming the lowest neti~terest cost, which is de- fined as the total amount of interest to accrue from date of issue to date of maturity without regard to the prior ~edemption date~ less the amount of cash premium bid~ if any. Delivery of the bonds will be made at a bank or trust company in Denver~ Colorado, 0r~ at the option and expense of the purchaser~ at any other b~nk or trust company~ It is an- ticipated that delivery will be made on or about December 5~ 1969. Further information concerning this iss.ue may be obCained from M~. Leon A. Wurl~ City Administrator, ~City Hall~ in Aspen~ Colorado~ 81611 or from W. E. Hutton & Company~ Denver Club Building~ Denver, Colorado~ 80202, the financial consultant to the City. A certified transcript of legal proceedings~ the printed bonds with the approving opinion of Messrs. Willson and Lamm~ Attorneys of Denver~ Colorado~ appearing thereon will be furnished the purchaser without charge. GIVEN BY ORDER of the City Council of the City of Aspen~ Colorado~ this 27th dayt~of October 1969. Councilman Kuster stated he was concerned about the money to be spent from this bond issue to take water down to the industrial area outside Of the ~ity. Councilman Benninghoff stated he was concerned also that this was a general obligation issue. ~!Administrator Wurl pointed out the issue is set up as a revenue issue but is backed up by general obligation bonds. Mr. Wurl also stated to Council the importance of this line would be to further the City's long range plans for the water system~ stop small districts from surrounding the City and protect the City's water rights. Councilman Bergman made a motion to adopt Resolution ~20, Series of 1969 as read. Seconded by Councilman Clymer. Roll call vote Councilmen Clymer aye~ Benninghoff ~ay~' Kuster nay~ Bergman aye~ Mayor Bernard aye. Motion carried. Hotel Jerome Remodeling - State form ~lSE was submitted to Council. Attorney Fitzgerald Hotel Jerome stated there would be a management agreement with the extended bar. Building permit has Remodeling been issued. Councilman Bargeman made a motion to approve the remodeling of the Hotel Jerome premises for extension of the liquor license. Seconded by Councilman Clymer. Roll call vote- Councilmen Kuster abstain~ Benninghoff aye~ Bergman aye~ Clymer aye. Motion carried. Starboard Tack Entrance - Mr. Jack Walls~ Architect~ was present and submitted to Council ~tarboard TAck a revision of the plans previously submitted. Construction will be such that it can be~. Entrance taken down at anytime. Councilman Kuster moved to approve the plans as submitted for the . entrance of Starboard Tack. Seconded by Councilman Clymer. Roll call vote - Councilmen i[Bergman aye~ Clymer aye~ Benninghoff aye~ Kuster aye. Home Rule - Administrator Wurl reported Attorney Charles Howe will be in town on Tuesday Home Rule to discuss with he and Attorney Kern proceedings for home rule. Attorney Kern questioned Council if they had a preference on when the second election should be held~ perhaps~ ~urin off season. Council agreed the schedule should be set up to go as fast as possible. Sales Tax - Administrator Wurl reported total collections to date of $89~185.37 - City Sales Tax $~7~268.25~ $~1~917.12 for the County. Copies of letter from the Aspen Sanitation District stating reasons for the emergency stree Street Cut Aspen cut and requesting permission to cut Mill Street to replace the sewer line behind the Sanitation Distric Woodlander was submitted by Administrator Wurl. Mayor Bernard stated if they make the cut now~ this would give the settling process all winter before paving next year. Councilman Kuster made a motion %o declare this request by the Aspen Sanitation District an emergency and permission granted for the cut. Seconded by Councilman Bergman. Roll call vote - Councilmen Benninghoff aye~ Clymer aye~ Bergman aye~ Kuster aye. Mayor Bernard questioned the dispostion of the Handwerk case before Magistrate's Court on an illegal street cut. It was reported that the case had been continued. Mayor Bernard also reported the repair by the ~anitation District on Cooper ~treet doss not Seem to be Up to the City's specifications. 955 Regular Meeting Aspen City .Council October 27~ 1969 Discussed changing the present ordinance to require additional fines. Water Line Water line contract with Aspen Airport Business Center was submitted to Council. Councilman Aspen Airport Clymer made a motion to authorize the Mayor and Clerk to sign the contract as submitted with Aspen Airport Business Center. Seconded by Councilman Berg~man. Roll call vote - ~Business Cent~ Councilmen Bergman aye; Kester n~y; Ctymer aye; MayDr Bernard nay. Motion not carried. Ordinance #21 ORDINANCE #28~ SERIES OF 1969~ AN ORDINANCE A~fENDING SECTION 4, CHAPTER 14~ 0F TITLE I - Police Magistra ~F THE OFFICIAL CODE OF TH~ CITY 0P ASPEN RELATING TO COMPENSATION OF THE POLICE MAGISTRAT~ was read by title only on second reading by the City Clerk. Councilman Kuster moved to adopt Ordinance ~28~ Series of 1969 and order the smme publishedli Seconded by Councilman Clymer. Roll call vote- Councilman Clymer aye; Kuster aye; Clymer aye. Resolution #21 RESOLUTION ~21, SERIES OF 1969 as follows was read in full by the City Clerk: Michael J. Garr~h Park RESOLUTION~21 SERIES OF 1969 WHEREAS~ the City of Aspen is t he owner of certain real property located in the City of Aspen~ County of Pitkin~ Colorado; and Whereas~ the City Council of the City of Aspen desires that said property be permanently dedicated to the people of the City of Aspen for park and recreation purposed. NOW~THERPOREIp BE IT RESOLVED that the following described property be permanently dedicated and set aside for park and recreation purposed: (Description to be supp%ied by City Engineer following survey of land) BE IT FURTHER RESOLIfED that in honor of Michael J. Garfish who has served as Mayor of the City 9f Aspen and has given his time and efforts for the benefit of the City and its citizens that said real property is hereby named and shall be entitled "Michael J. Currish Park"~ and shall be hereafter denominated as such on all official maps and plats of the City of Aspen. Councilman Bergman moved to adopt Resolution #21~ Series of 1969 as read. Seconded by Cnuncilman Kester. Roll call vote - Councilmen Kuster aye; Benninghoff aye; Bergman aye; Clymer aye. Resolution #22 RESOLUTION ~22~ SERIES OF 1969 as follows was read in full by the City Clerk: Herron Park E~tension RESOLUTION ~22 ~.~ SERIES OF 1969 WHEREAS, the City of Aspen is the owner of certain real property which has been dedicated for park and recreation purposed~ namety, Herron Park; and~ WHEREAS~ The City Council of the City of Aspen desires that the property~ Hereinafter ~x, ~escribed~ adjacent to Herron Park be permanently dedicated for park and recreation purpose~ as an addition to said park. NOW~ THEREFORE~ BE IT RESOLVED that the following described property be and is hereby permanently dedicated and set aside for the use of the public for park and recreation purposed. (Description to be supplied by City Engineer following survey of land) Councilman Clymer moved to adopt Resolution ~22~ Series of 1969 as read. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Clymer aye; Bergman aye; Benninghoff aye; Kuster aye. Resolution #24 RESOLUTION #23~ SERIES OF 1969 as follows was read in full by the City Clerk: West Aspen Sub Filing #2 RESOLUTiON~23 Annexation · SERIES OF 1969 WHEREAS~ the City Council o'f the City of Aspen ~as accepted a petition for annexation of a portion of West Aspen Su~divismon, Fmlmng N~ ~descrmbed as follows: Beginning at the RUg corner of Lot 3~ in the ~es{~ kspen Subdivision~ Filing 2, Park 1~ thenca Q , ,, No~ 66~ 52' 00" West ~3~.~lfeet; thence North ~1 03 37 West lO0.00 feet; thence North O ~ © , ,! O , 32 26 West 320.65 feet; thenee ~o~th 19 55 0~ ~estidOo83 feet; thenoe N?t~ 55 02 12 West 56.88feet, thence ~orth ~1 17 ~1 East 5'9.82.feet; thence No~th O0 2~ 30 West 53.56 feet; thence No~th 85 ~1' 00" West ~60.70 feet;'~henge North,25o07' 12" East 178.00 feet; thence No~th 36 50' ~5 t~1.95 feet~ thence North 59 ~0' 31 East 368.35 feetl thence North 32~ 06' 00" West 1223.10 feet; thence North 127.13 feet; thence North 66° 52' O0 West 1270.80 feet~ thence No~th 23 08 00 East 290.00 feet~ thence No~th 66© 52' West 45.00 feet; thense North,23~ 08' 00" East 110.00 feet; thence North 66 52' West 0~,00!! feet~ thence North 23 08' 00 West 190.00 feet to point of beginning. which was filed with the City Clerk on October 27~ 1969 and WHEREAS~ the City Council of the City of Aspen makes to following findings of fact re- garding said annexation: 1. - There is at least one-sixth contiguity between the present City of Aspen and the area seeking annexation. 2. - A community of interests exists between the territory to be annexed and the City as evidenced by the following facts: ,956 Regular Meeting Aspen City Council October 27~ 1969 a. More than 50 percent of the adult residents of the area to be annexed use part or Nest A~pen Sub. all of the recreational~ civic~ social~ religious~ industrial or commercial facilities of ?iling #2 the City of Aspen~ and more than 25 percent of the adult residents are employed in the City of Aspen~ knnexation b. Less than one-half of the land to be annexed is agricultural. c. It~ is physically practical to extend normal urban services to the area to be annexe, on the same terms and conditions as such serviced are available to residents of the City of Aspen~ and WHEREAS~ said petitioners are the owners of one hundred percent (100~) of the land proposed to be annexed and~ WHEREAS~ no election is required under said Act~ and, WHEREAS~ the City Council determines not to impose additional terms and conditions upon said land proposed to be annexed; NOW~ THEREFORE~ BE IT RESOLVED that the City Council of the City of Aspen hereby accepts the petition for annexation. Councilman Benninghoff moved to adopt Resolution #23, Series of 1969 as read. Seconded by Councilman Bergman. Roll call vote Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman aye. ORDINANCE ~30~ SERIES OF 1969~ AN ORDINANCE ANNEXING A PORTION FO WEST ASPEN SUBDIVISION rdinance #30 FILING NO.2~ PITKIN COUNTY, COLORADO was read in full on first reading by the City Clerk. Councilman Clymer moved to adopt Ordinance ~30, Series of 1969 on first reading and order the same published. Seconded by Councilman Benninghoff. Roll call vote Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer~aye. Following letter was read by Mayor Bernard and request be made a part of the record: Dear Leon: Sewer Study As a result of our discussion on Tuesday, October 7~ 1969~ regarding the Feasibility Report for Sewage Collections and Treatment for the Upper Roaring Fork Valley~ I put together some ideas and suggestions and am transmitting them to you in this letter. Assuming that you are in accord that a regional plan for sanitary waste collection and treatment is a must for the Aspen area~ there appears to be definite value from implemen- tation of a formal plan at the earliest possible time. Our reasoning in this regard is as iF the City of Aspen or the Pitkin County Board of Commissioners do not have a detailed plan to implement a regional sewer system~ they will be placed in the same awkard position that happened when the Aspen Metro Sanitation District was formed. Namely~ that all of you know that the Aspen Metro Plan was not broad enough to accomplish regional authority and yet no alternate plan could be shown so a reluctant approval had to be given to their plan. Snowmass at Aspen will have to increase their treatment facilities in the immediate future and the Aspen Metro District will also have to add to their treatment facilities. We see the same situation that we discussed in the previous paragrDph occuring at least twice more in the coming year to eighteen months. We should do something to forestall the ex- pansion of these other facilities or the creation of more small sanitation districts. We have talked to Mr. Thomas Grimshaw who~ as you know~ is a State Legislator and one of th sponsors of the RSA bill. The best estimate that we can make of the time element to create a regional sewer system under the ~SA in the Aspen region is some three to fo~r years in the future. ~resuming there is a favorable constitutional amendment vote in the fall of 1970~ enabling legislation will still have to be passed in 1971. Allowing one year to design the facilities~ secure federal grants and follow bidding procedures and another eighteen months to construct the system, you can see that it will take approximately four years for the system to become an actuality. In the meantime, the awkard political situa- tions wht~h Aspen City and the Pitkin Board of Commissioners wish to avoid would be occuring at frequent intervals. I would like to suggest a procedure to follow that would implement the program. At the present time~ the Board of Commissioners is the only constitutedbody that could legally implement the regional sewer p~an~.If ~detailed construction plans and specifications were contracted for by the Board of Commissioners and placed "~n the shelf" there is a very good possibility that the plan would coincide with the.legal creation of an Aspen Area Regional Service Authority. The RSA could buy the plans from the Board of Commissioners and construct the facilities. In the event that RSA sewage legislation is delayed and public pressure forces the county to construct the regional sewage facilities~ a gentlemen~s agreement could be made with the Commissioners whereby they would agree to turn over'the facilities to the RSA at the earliest possible time at cost. Even this possibility would ease the burden on RSA since they would be dealing with one government agency instead of many new sanitation districts which could be formed in the next four years. Leon~ I know how strongly you feel about RSA becoming the regional sewer authority in your area and I agree with your philosophy. As Lorain County Engineer and Sanitary Engineer~ I fought long and hard for Regional Planning Authorities in the state of Ohio. If you still believe that the regional sewer system should be delayed until after creation of RSA sewage legislation~ then I would suggest the following alternate procedure. 957 Regular Meeting As~en City Council October 27~ 19~ Sewer Study The Board of Commissioners could apply for a Department of Housing and Urban Development Planning loan under 702 laws to prepare detailed construction plans and specifications. DH~ officials would have to be satisfied that sewer facilitites would be put under construction within five years, tt is our belief that the odds against securing a loan of the amount ~ ~ of money required would be about 10 to 1. This procedure would ease the political situation in any event~ since the Commissioners could say that they have taken positive action to implement the program. The main advantage of having the plans ~ton the shelf" would be the ability of the Board of Commissioners to then apply for Federal Water Pollution Control Agency Grant for 30~ of the cost of sewage treatment and trunk sewer facilities and to also apply for a Department of Housing and Urban Development grant of 50~ of all remaining costs The res~lting delay might coincide with creation of enabling legislation for an Aspen Area Regional Service Authority so that expansion of existing districts and creation of new districts might logically be delayed until the regional system could become a reality. Please give some thought to the ideas presented in this letter. I will call you in a week or two so that we can discuss your thoughts on this subject. /s/ Eugene E. Roberts Project Manager Parker & Associates~ Inc. Correspondence Proceedings relating to Aspen Airways and letter from Aerial Photo were submitted to Counci~i. The following petition bearing 18 signatures was submitted to Council and read by Mayor Bernard: Traffic- The citizens for community action~ Ward 3 North hereby petition the public officials of the Cemetery Lane City of Aspen: 1. - To take all necessary action to slow down the speed of automobiles and vehicle traffic on Cemetery Lane to a safe level and to take any other necessary action to make to roadway safe for school children and pedestrians. 2. - The following suggestions were discussed at the meeting and are voted for your consid- eration and possible use: a. Strict and regular speed law enforcement. b. Acquistion fo accurate radar. c. Pedestrian - bicycle ways or lanes. The foregoing resolution was unanimously adopted on October 9~ 1969. Administrator Wurl reported the P~iice Department has been using the old radar and in a period of 2 days found 58 or ~9 violations~ mostly of people in that area. Administrator Wurl stated he had also met with the State Highway Department Engineer on Friday and 4is- cussed the possiblity of dips or some other safety devices for Main Street. Police activity report was submitted to Council. Administrator Wurl request to meet with Council and discuss the City's water policy. Mr. Wurl to schedule a meeting. Councilman Kuster moved to adjourn at 5:35 p.m.~ seconded by Councilman Benninghoff. Ail in favor~ meeting adjourned. ~rraine Grave§~City Clerk