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HomeMy WebLinkAboutminutes.council.19740610Meeting was called to order by Mayor Stacy Standley at 5:10 p.m. with Councilmembers Jack Walls, Jenifer Pedersen, James Breasted, Ramona Markalunas, City Attorney Sandra Stuller and City Manager Dr. Philip Mahoney, CoUncilman Michael Behrendt. Councilwoman Pedersen moved to a~prove the minutes of May 13 and 28 as prepared and distributed by the City Clerk. Seconded by Councilman Walls. All in favor, motion carried. Mr. Don Rogers was introduced to Councilmembers, replacement for John Nixon, Finance Director. Councilman Walls moved to approve the accounts payable as submitted by the Finance Department. Seconded by Councilwoman Pedersen. All in favor, motion carried. CITIZEN PARTICIPATION a. Mr. Rich Wilde, Mall Co-ordinator was present and submitted a request referred by Mall Improv- the Mall Commission of the building previously known as the Aspen Medical Center. ment Request is made by the business owners in the building to install a temporary sculpture garden on the mall in front of the building. All improvements would be donated to the City. Plan was reviewed by Council. City Attorney Stuller stated the owners are willing to grant a bill of sale to the City of the improvements, City would have to maintain the area. There will be no retail transactions taking place. Councilman Breasted moved to approve the request. Seconded by Councilwoman Pedersen. All in favor, motion.carried. b. Red Onion request for extension into the mall was submitted. Mr. wilde reported ,Extension this request has been approved by the Mall Commission. To be discussed later in the Red Onion meeting. c. Mr. Jerry McCarthy stated his concern for the condition and half improvements Highway 82 made by the State Highway Department to Highway 82 within the City limits and adjacent highway. Council instructed the City Manager to relay this concern to the County and State Highway Department, plus Council's concern. GEORGE VI{ANESH, WATER Water Rights Memorandum was submitted by the City Attorney giving the background and pre-trial information relating to the Twin Lakes Reservoir and Canal Company application to change the use of their transmountain water right from irrigation to irrigation, domestic, commercial, industrial and municipal uses. Application is presently being opposed by the Water Conservation District, The Colorado Rivers Council, Trout Unlimited, Crystal Valley Environmental Protection Association, Town of Carbondale, Town of Basalt, Pitkin County and the City of Aspen. Attorney George Vranesh pointed out to Council the City must, since competition for water rights is becoming very active, protect the rights the City presently has. All possible uses must be applied to those rights. Aspen has a large q~anity of water rights and throughout the year they sho~ld~be~u~ed~'a~d presser~e~ ~ The municipal uses would be for Pueblo and other cities on the eastern slopel Further explained that Mr. Balcomb, representing the Water Conservation District is working on a stipulation agreement with the Twin Lakes Company and if the City desires to go this way, all entities should join together. The other alternative is to litigate and would say that this will go to Supreme Court. To litigate would cost a large amount of money and not sure as to the benefits that the City would derive. The following is taken from City Attorney Stuller's memorandum submitted to Council: "State of the Negotiations: Vranesh offered to settle if 3,000 acre feet were left as a minimum flow in the Roaring Fork. Apparently, TWin Lakes was not ready to agree until such time as the Frying Pan - Ark released to Twin Lakes that same amount of water on the eastern slope. Vranesh did nOt want to become involved with any agreements between the two companies but wished to pursue the demand independently of any agreement of the two which, they should reach. Twin Lakes has counter-offered, agreeing to: (1) Not withdraw more than 570,000 acre feet of water in any period of ten years; (2) Nor more than 68,000 acre feet in any one year; and (3) In the event, in the ten years immediately preceding the current water for which calculation of per- missible diversions is being made, there shall have been diverted more water than permitted, Twin Lakes will curtail diversions until a quantity of water equal to Twin Lakes' overdraft shall have been by-passed into the Roaring Fork and/or Lincoln Gulch. The Water Conservation District has accepted this proposal." Mr. Vranesh stated that the stipultions proposed by Mr. Balcomb do not take into consideration minimum stream flow which the Council should consider. Asking at this point direction from the City Council as to what direction he should pursue; do not relish the City getting into this type of litigation. Feel a settle- ment is the better way for the City to go. Twin Lakes' argument is that once the water is theirs what shouldw~e care how it is used. Municipal use is of a higher demand because it is used year around, but the consumption for municipalities is lower than irrigation. It is assumed that there will be 25% more return flow to the Arkansas from the irrigation water. The Twin Lakes Company is willing to agree to never extend the transmountain system to Maroon and Castle Creeks. Attorney "Tam" Scott jointed with Attorney Vranesh in saying that if we are able to get a top limitation on their system, we will have gained alot. Councilman Walls moved a resolution be prepared stating the Cities position that the stipulations for dismissal be endorsed, if additional paragraph is included limiting additional facilities and guarantees 3,000 acre feet of stream flow. Seconded by Councilwoman Markalunas. All in favor, motion carried. Mr. Vranesh outlined to Council what he is presently working on relating to the Water day to day water right problems: (1) checking into leasing some of the city's Rights water rights that are not being used for minimum flows to the Stat~; (2) condition- al degrees on Maroon and Castle reservoirs firmed up as to use; (3) working on some right-of-way disagreements; (4) rights as relates to the wells and (5) working on federal claims. Will submit to the City a plan of implementation which will include some engineering and construction imput. WOERNDLE PLANNED UNIT DEVELOPMENT PLAN & PRELIMINARY REZONING Woerndle PUD Mayor Standley opened the public hearing. Assistant Planner, Donna Baer submitted to Council material and plat on the outline development plan and the findings of the Planning and Zoning Commission. Development plan includes 7 single family dwellings; each residence will have a private drive and will be maintained by the owners. Engineering department disagrees with the planning office on the under- sized roads. Property owner on Mc Skimming Road questioned if the cul-de-sac were large enough to park cars or would there be a problem with people parking on McSkimming Road. Applicant reported each owner would provide his own parking. Council pointed out McSkimming Road could be posted with no-parking signs. There being no further comments, Mayor Standley closed the public hearing. Councilwoman Pedersen moved to approve the outline development plan and PUD. Seconded by Councilman Breasted. All in favor, motion carried. Red Mt. Pumping RED MOUNTAIN PUMP STATION Station City Engineer Dave Ellis informed Council bids were received on May 17th of which came in over twice what was budgeted for this project. At this time requesting additional funds be appropriated to cover the City's obligation under contract with the Red Mountain Development Corporation and Red Mountain RanCh to supply water. City is obligated to provide the development with the number of taps necessary and if we do not put in the pump station water will have to be curtailed in that area by next summer. Project will take until next spring to complete; presently 1/3rd of the houses are being served; two houses presently waiting for water. Hal Clark, County Building Inspector, stated they have applied for replatting~of the subdivision since some lots were unfeasible for construction etc., case has been tabled - one reason being water. Mr. Ellis stated that the contract assumes that what was put in in 1967 would be sufficient to serve the 100 taps. Manager Mahoney stated a plan will be proposed at budget time for a filter plant on Hunter Creek; this will not solve the immediate problem. Mr. Ellis informed Council $25,000 was spent for pumping improvements two summers ago. Councilman Breasted moved to approve additional funds for this project and City Attorney draft the necessary legal documents for implementation. Seconded by Councilman Walls. Manager Mahoney stated the funds are available in the water funds. Mr. Ellis stated the City is holding a bid bond which is only good for another seven days at $65,000. Council request the ordinance be an emergency ordinance. EQUIPMENT LEASE PACKAGE Equip. Leases Mr. Larry Simmons stated he has been working with the First National Bank of Denver relating to a package for the leasing of equipment. Justification for the procedure is this would increase the cash flow of the City and also more ctosely relate the costs with the year in which they occur. They will have a proposal to the City by the end of this week, at which time can negoiate the interest rate. Talking about pieces of equipment not presently paid for. The Bank would pay for the equipment and they in turn would lease back to the City for three years with a provision whereby the City each year would have the right to walk away from it. Instead of paying out cash this year for the equipment could spread the payments over a three year period. Buses would be included but would be in a separate package. Talking about 7½ or 8% as an interest rate. Councilman Breasted questioned why lease when the City has had an increase in revenues. City Manager Mahoney stated it takes approximately $300,000 to run the City a month, and by lesing the equipment we would have a $300,000 cushion. City Attorney Stuller stated she has not had the time to thoroughly review the contract nor approved it. As a cursory review of the lease contract, there are many problems legaly involved. Do not understand what the City Manager is doing. City Manager Mahoney stated he is trying to achieve a cushion to run the City in the event of a downturn. The only other alternative the City has is to short term borrow from the Bank. Council agreed to hold a study session so additional information can be obtained and understood by the Council. Councilmembers stated their lack of understanding of why and what is being proposed. STUDY SESSIONS Wednesday, June 12th: PIF Electric Rate; Ptarmigan Lease; Equipment Lease Package. Monday, June 17th: Joint meeting with P & Z on Housing and Parking. TRANSPORTATION REPORT Trans. Budget Mr. JamesAdams was present and submitted proposed budget in the amount of $13,500. Budget includes day to day operations as well as some long range planning items. Funds were never appropriated for this purpose. Mr. Adams outlined changes which have been madefor better utilization of present equipment and maintaining services. Arrangements include providing service for MAA and Highlands cooperation. Council questioned if the County were putting in any funds. Also stated their concern if any of the funds outlined in the Budget were going to the Weiss study at the airport It was pointed out that the City in years past has spent money to run busses for the recreation department outside of the City. Councilman Breasted moved to approve the budget as submitted, City Manager to work out the appropriate funding. Seconded by Councilwoman Markalunas. All in favor, motion carried. Council request an activity report be submitted relating to the transit system. FOOD HANDLERS Restaurant Inspections Jim Roark gave a report to Council of activity of the Sanitarians office over the last six months. Further stated to Council to get into a training program would cost about$500 and would devote about one hour a week for the program. Recommend a $1.00 fee be charged to all who attend and require all food handlers to attend at least one session for which they would receive a card, which would be good for one year. Council pointed out regulations to impose these requirements would have to be made by the County. Council stated their main concern was on enforcment of restaurants. Suggest the training come in at the time of inspection and be done on the job. City Manager to follow up on this concern and see if it is reasonable for more in- spections to be made. ORDINANCE ~17, SERIES OF 1974 Councilwoman Markalunas moved to read Ordinance ~17, Series of 1974 on first reading. Model Traffic Seconded by Councilwoman Pedersen. All in favor, motion carried. Code Amend. ORDINANCE ~17, SERIES OF 1974, AN ORDINANCE REPEALING AN AMENDMENT TO THE 1973 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES" WHICH REPEAL WILL ELIMINATE THE PROHIBITION AGAINST PARKING WITHIN TWO FEET OF A WALKWAY LEADING TO A RESIDENCE WHERE NO SIDEWALK EXISTS was read by title by the City Clerk. Councilman Breasted moved to adopt Ordinance ~17, Series of 1974 on first reading. Seconded by Councilwoman Pedersen. Roll call vote - ouncilmembers Walls aye; Pedersen aye; Breasted aye; Markalunas aye; Behrendt aye; Mayor Standley aye. Motion carried. ORDINANCE ~18, SERIES OF 1974 Councilman Behrendt moved to read on first reading Ordinance #18, Series of 1974. Stop Work Orders Seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~18, SERIES OF 1974, AN ORDINANCE AMENDING SECTION 7-70F THE MUNICIPAL CODE OF THE CITY OF ASPEN WHICH AMENDMENT MORE PARTICULARLY DESCRIBES WHICH VIOI~ATIONS OF THE ORDINANCES OF THE CITY OF ASPEN WILL AUTHORIZE THE BUILDING INSPECTOR TO ISSUE STOP WORK ORDERS AND FURTHER PROVIDES THAT EACH DAY ONE SO NOTIFIED FAILS TO COMPLY WITH SUCH ORDER SHALL CONSTITUTE A SEPARATE OFFENSE was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~18, Series of 1974 on first reading. Seconded by Councilman Walls. Roll call vote - Councilmembers Behrendt aye; Markalunas aye; Breasted aye; Petersen aye; Walls aye; Standley aye. Motion carried. GALENA STREET EXTENSION VACATION REQUEST ~Galena St. Clos- ure Commissioner Joseph Edwards and County Attorney Leonard Oates were present to request either vacation or closure of the portion of Galena Street to the west of the Courthouse and the 16' wide portion behind the Courthouse that was conveyed to the City in 1958 by way of the East Aspen Townsite Patent. Map of the proposed was reviewed by the Council. Council stated their concern for alternate access for those businesses etc., affected by this request and also approval from those that would be affected. Mr. Edwards stated they would still have access of the alley into their parking and out onto Main Street by using a portion of the Galena right-of-way. Exit would be by way of the Rio Grande property. Councilwoman Markalunas stated it will be difficult, especially in the winter time, to have an access route from the west into the alley for the drive-up window at the First National Bank. Steep incline off of Mill Street into the alley. Mr. Bartel, City/County Planner reviewed with Council the proposed pedestrian path and stated he had no problems with this request. Councilman Walls stated he had a conflict, clients building in that area and removed himself from Council table, stated his clients had no objections as long as an alternate access is provided. Galena St. Councilman Behrendt moved to approve conceptually the County request; County pursue Closure the application for vacation or closure. Seconded by Councilwoman Pedersen. Council request waivers be obtained from .the adjacent property owners and more detailed plan be submitted. All in favor, motion carried., Councilman Walls abstained. Councilman Breasted moved to have the Planning Department prepare a complete plan on this. Seconded by Councilwoman Pedersen. All in favor, ~XC~pt f®r'~C®dncilman Walls who abstained. Motion carried. TRAIL PLAN Rio Grande Mr. Edwards submitted plan prepared by A1 Blomquist for pedestiian trail thru the Trail Rio Grande property, Mr. Edwards stated the plan requires major improvements and would be costly; do not agree with the plan. Commissioner Edwards stated he felt the trail should be at ground level. Councilman Breasted moved to authorize the County to pursue the tenative alignment for the trail thru the Rio Grande Property, at grade. Seconded by Councilwoman Pedersen. Ail in favor, motion carried. RED ONION, MALL EXTENSION Red Onion Leas~ Lease agreement was submitted. Councilwoman Pedersen moved to consider Red Onion lease on the agenda. Seconded by Councilman Walls. All in favor, motion carried. Councilman Breasted moved to approve the lease as submitted. Seconded by Council- woman Pedersen. All in favor, motion carried. COUNCILMEMBER COMMENTS RMAA Councilwoman Pedersen moved to nominate Councilwoman Markalunas to serve on the RMAA of COG as the municipal representative. Seconded by Councilman Walls. All in favor, motion carried. Proposed resolution relating to Senate Bill 9S-1361, cable television was considered. Council concurred not to take any action. Councilwoman Pedersen moved to put land usCtransfer tax proposal on the agenda. ~ ~ Seconded by Councilman Behrendt. All in favor, motion carried. ! Settling Pot s Mayor Standley reported PARK and Trout Unlimited are willing to donate $500 for i landscaping of the settling ponds once they are constructed. Ambulance Councilwoman Pedersen informed Council the hospital has given permission to have the ambulance stored at the hospital, they will also provide a structure for the ambulance. Funds for ambulance service will be applied for in the near future from EMS. Grading Council request the City Manager have the grader go thru the parking lot at Rubey Park. Rio Grande Councilman Breasted stated~t~at if more work were done on the Rio Grande Property, Property feel more people would utilize the parking lot. Councilmembers stated they could not see the need for the expenditure at this time. City Manager Mahoney stated the Esco Trucks have been moved to the City's filter plant. Council stated they felt the parking lot should be cleaned up, Esco trucks should go to the dump. Councilwoman Markalunas moved to continue the meeting to Wednesday, June 12, 1974 at 5:00 p.m., Seconded by Councilman Ways~_ All i~favor,/~otion carried. Time: 8:45 p.m. ~/ Lorraine~ ~raves, City Clerk Adjourned Meeting Aspen City Council June 12, 1974 Meeting reconvened by 5:10 p.m.. Councilwoman Markalunas chaired the meeting with Councilmembers Jack Walls, Jenifer Petersen, James Breasted and Michael Behrendt present. Also present City Attorney Sandra Stuller and City Manager Dr. Philip Mahoney. ii~/ORDINANCE #/t~~, SERIES OF 1974 Councilman Walls moved to read Ordinance #19, Series of 1974 on first reading. Seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~, SERIES OF 1974~ AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF THIRTY FOUR THOUSAND FIVE HUNDRED ($34,500.00) DOLLARS TO THE CAPITAL PROJECTS FUND OF THE WATE~ PROGRAM; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by title by the City Clerk. Councilman Walls moved to adopt Ordinance ~18, Series of 1974 on first reading. Seconded bY Councilman Behrendt. Manager Mahoney stated the criteria he used in determinging the availability of funds was based on last years projections, budget and actual expenditures. Budget for this year is $480,000 and to date have taken in $241,000. Roll call vote - Councilmembers Walls aye; Petersen aye; Breasted aye; Behrendt aye; Markalunas aye. Motion carried. RESOLUTION #18, SERIES OF 1974 Councilman Walls moved to read Resolution ~18, Series of 1974 as submitted. Seconded by Councilwoman Pedersen. All in favor, motion carried. RESOLUTION ~18 SERIES 1974 WHEREAS, the City Council has been advised of the status of the Twin Lakes Water Diversion litigation, more specifically, Actions No. W-1869 and W-1901, in the District Court in and for Water District No. 5 for the State of Colorado, in which actions the City is a party protestant and WHEREAS, the City Council wishes to make of record its direction given to counsel in said litigation as to appropriate actions to be taken in resolving the same, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the City of Aspen does agree to stipulate to the dismissal of the above described civil actions, such stipulation being premised upon certain conditions hereinafter enumerated. 2. First, that the total trans-basin diversions out of the tributaries of the Colorado River from which the Twin Lakes Reservoir and Canal Company ("Twin Lakes") now derives, and from which Twin Lakes may, pursuant to conditional decrees now entered or applied for, at some future date derive its water supply, shall be voluntarily limited as follows: a. to no more than 570,000 acre feet of water in any period of ten years, b. to no more than 68,000 acre feet of water in any one year, c. computation of diversions by Twin Lakes shall be made with reference to the record of water discharge from the Independence Pass Transmountain Diversion System Tunnel No. 1 East Portal, located in Lake County, Colorado, d. should Twin Lakes construct its conditionally decreed Lost Man Reservoir, water stored therein shall not be included in the limitation on diversions except as the same is delivered via said Tunnel No. 1, e. In determining the allowable diversion in acre feet by Twin Lakes in a current year, there shall be subtrated from 570,000 the sum of the Twin Lakes diversions of the previous nine years (as the same are limited by subparagraph (b) above and the remainder shall constitute the permissible total diversion for the current year, provided, however, that in no event shall the remainder exceed the limitation of sub- paragraph (b) above, f. in determining annual and decennial total diversions a year shall commence October 1 and conclude September 30, thereby corresponding to "water year" records compiled by the State Engineer of Colorado. All water diverted through said Tunnel No. 1 may'be stored or applied directly to beneficial uses. Twin Lakes shall have the right to use, reuse, make successive use of, and make disposition after use of the water diverted through said Tunnel No. 1. Nothing herein shall affect the lawful authority of the Division Engineer for Water Division No. 5 to administer the water rights the subject of this stipulation according to priority, or to call for installation of such measuring devices as may be appropriate, pursuant to Colorado law. In the event Twin Lakes, in the ten years immediately preceding the current water for which calculation of permissible diversions is being made, shall have diverted through said Tunnel No. 1 more water than it is entitled to divert pursuant to this stipulation, Twin Lakes shall be require d to curtail diversions through said Tunnel No. 1 until a quantity of water equal to Twin Lakes' overdraft shall have been by-passed to the Roaring Fork River and/or lincoln Gulch. 3. Second, that Twin Lakes agree that it will never initiate any new appropriation or state waters for incorporation within its existing transmountain diversion system from any water supply source beyond or below the present geographic area of diversion works in the upper Roaring Fork area, to wit, Lost Man Diversion Dam, Roaring Fork Div- ersion Dam, lincoln Creek Diversion Dam, the New York Collection System, intermediate collection points, and its present conditional right to pursue an enlargement or the Lost Man Diversion, all of which are more specifically described in the existing decrees. 4. As a further condition of the City's stipulation to dismiss, Twin Lakes shall agree that there shall be maintained 3,000 acre feet of water as a minimum flow in the Roaring Fork River, which flow shall be released at the Lost Man Diversion Dam, Roaring Fork Diversion Dam and Lincoln Creek Diversion Dam as per the recommendations of the Colorado Division of Wildlife and the United States Bureau of Sport Fisheries was read in full by the City Clerk. Councilman Walls moved to Adopt Resolution ~18, Series of 1974, seconded by Councilwoman Pedersen. All in favor, motion carried. Councilman Walls moved to go into study session and adjourn the regular meeting, seconded by Councilman Behrendt. All in favor, meeting a~jo~nded at 5:30 p.m. ~orraine Graves~ City Clerk 1587i Adjourned~:Me:e~ing Aspen City Councilm June 17, 1974 Meeting was reconvened by Mayor Stacy Standley at 5:10 p.m. with Councilmembers Jack Walls, James Breasted, Ramona Markalunas, Michael Behrendt, City Attorney Sandra Stuller and City Manager Dr. Philip Mahoney present. ORDINANCE #19, SERIES OF 1974 Councilman Breasted moved to read on second reading, Ordinance #19, Series of 1974. Seconded by Councilman Walls. All in favor, motion carried. Ord. #19 ORDINANCE #19, SERIES OF 1974, AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT Supp. Approp. OF THIRTY FOUR THOUSAND FIVE HUNDRED ($34,500.00) DOLLARS TO THE CAPITAL PROJECTS FUND OF THE WATER PROGRAM; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by title by the City Clerk. Councilman Walls moved to adopt Ordinance #19, Series of 1974, seconded by Councilwoman Markalunas. Roll call vote - Councilmembers Walls aye; Breasted aye; Markalunas aye; Behrendt aye; Mayor Standley aye. Motion carried. Councilman Walls moved to adjourned at 5:50 p.m., seconded by Councilman Behrendt. All in favor, meeting adjourned.