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HomeMy WebLinkAboutminutes.council.19610306 Aspen, Colorado Regular Meeting Aspen City Council March 6, 1961 Mayor Garfish called the ~eeting to order at 7:30 PM with Councilmen Anderson, Braun, James and Beyer, City Administrator Wurl, _City A~tdrney Stewart and Treasurer John Hall present. The minutes of the regular meeting of February 20 were read and approved upon motion by A6derson, seconded by James, which carried unanimously. Aspen Skating Mr. Garfish said thmt ~he Aspen Skating Rink'suit would come up on March 27, 1961. Rink suit The Accounts Payable of the City and the Special Water Fund were read and discusS- ed. A motion was made by Anderson, seconded by BeYer, to suspend Rule 19 and allow. the several amounts. Approved unanimously. The report of the Treasurer was read and discussed and approved upon motion by James, seconded by Anderson and carried unanimously. Peoples Hearing: Dr. Baxter~ Dr. Barnard and the Henry's were present in the interest of their petition for the vacation of the alley in Block 82. Dr. Baxter said their concern was to cut down traffic through the alley, and to obtain some 6fl-street parking space. Council poir~d out that the City could not maintain the alley if vacated. Dr. Baxter said the County Commissioners had approved such vacation in their minutes. A motion ~ Alley in was made by Jam~s, seconded by Braun, to vacate the alley in Block 82, City of Aspen, ' Block 82 reserving easements and restricting it from any above ground structures. Carried un- animously. Mr. Stewart will draw up ordinance, cost of which is to be charged to the I petitioners. Mayor Garfish then read a l~tter from the Aspen Gas Co. regarding Sec. 54 in the Zoning Ordinance re underground installation for gas ta~ks. Mr. Beattie asked Gas tank that-the Building Inspector be instructed to delay enforcement of t~is provisioh pend- install, ingdecision regarding natural gas. Council agreed to withhold enforcement and sug- gested that Markalunas take this up with the Planning Commission. Bert Bidwell was present regarding trouble between police officers and James Pomeroy. According to Burt's account, this young man was on his way'home, stopped' at Newt's, found it closed, and as he came through the outer doors'he was stopped by an officer and~asked to show identification, and after awhile he was taken to the Court House and put in jail. Officer Baker reported that the time was 3:15 AM, so Pomeroy- Police he asked him to come to the police car to check identification and then took him Office~s. to the Court House, and as Pomeroy became belligerent, put him in jai~. The right of an officer to ask~for identification was discussed, and Attorney Stewart expressed the opiniOn that if there were cause or basis, ~uch would be in order, but that it is not an*arbitrary right without cause. Bert asked that the fine be suspended. This was tabled until the Police Chief furnishes a full report. Phil Scheid, representing the Lodge Owners' Association, said the membership had expressed concern at the delay ~n granting a franchise for natural gas, because Lodge Owners they felt it could not be installed before the next winter season unless immediate Natural Gas action is taken. They felt Aspen should net delay because of Gl~nwood Springs, and he ~ presented a ~tt~o~ bearing about 150 signatures, asking Council to act now. Mayor Garfish explained the need for careful consideration to assure Aspen of the best and most economical service. Mr. Beattie and other representatives from Public Service Co. were present, and Mr. Beattie said their proposal was still firm, but contingent upon their also serving Glenwood Sprin~s. If Glenwood grants a franchise before the end of March, he said they could have the gas installed in Aspen about the end of mext September. Council asked that the three questions asked them at Glenwood be answered. 1, Whether the franchise would include provision for the City to take over the system after five years. The answer was "no" because they did not feel that the system would be on a paying basis until after four years. The City would have recourse to con- ~ I demnation. ! , 2. Would a promotional rate be in~luded~ No, because they feel rate would be low Ii enough to attract customers. .~,. 3. Deliverability of gas. Source of r~serves was outlined. John Reed~of the Rocky Mountain Natural Gas Co. was present and said that his company would serve Aspen without Glenwood Springs, and he does not think that this would affect rates, but that would be up to PU~. Mr. Miller of the Blue Flame Gas Company s~id their previous proposal still stands and they are working on an arrangement to get Carbondale and Basalt; they would serve butane in the interim until natural gas is available;' he feels that develoPmeqt of gas reserves in the near vicinity would aid the e~n~my of Glenwood and Aspen/ Cpuncil Council asked when they can furnish a concrete proposal, and Miller said they would preselt one at the next regular meeting. The Beattie Brothers representing Garfield Gas Gathering Co, said they ~a~e still in terested and were one of the companies to be heard at Glenwood on March 16th, Natural Gas : Otto Steiner, representing the Restaurant Association, referred to the Occupational Tax o~ establishments serving or selling beer, wine and liquor, and said they thought Rest. Ass'n it is discriminatOry. He mentioned the proposed business privilege ordinance with a Occupa. Tax $25.00 fee, and the basic State Sales Tax License fee of $2.50. He said the Associaiio~ was considering taking legal action, but before doing so, requested Council give this matter consideration. City Administrator WurI's report. He Showed letter from car rental company, which wasdiscussed. He said Tenbrook Garage offered a 4-door V-8 Savoy for $785.00, with $45.00 interest on 12 months payments Police Car It was decided to ha~erepresentative from rental company cema to Aspen Council for fur- ther explanation, and also to call for bids on a new car. Wurl read letter confirming G. E. Buchanan's status as a registered engineer. St. grades Street grades discussed - and other proposals reviewed. Buchanan Electrical Engineer for Electric Dept. on consulting basis - A motion was made by Braun, seconded by Bayer, to appoint Edward LeCuyer of Merrick and Cc. as Consulting Elec. Eng. Engineer for the Aspen Electric Dept. Carried unanimously. Council discussed projects LeCuyer 'and authorized Wurl to start Le Cuyer out on initial phase. Wurl reported that Mr. Pepper had called from Denver and said that they are having Stop signs signs made for Highway 82 (Main St.) but they are not legal or enforceable, b~t this main st. could be covered by ordinance. Put on agenda - school crossing signs. He showed Council letter he had sent to water users re pressure reducing valves. Press.Red. Valve: Also he has received 8 replies for-and 4 replies against the one-way street emperiment. One-Way Sts. Council instructed him to proceed with this. There will be a meeting with Judge Shaw on the matter of water rights on March 13~ Judge Shaw at 7:30PM. Water rights ~ Mayor Garfish read a letter from Attorney Stewart regarding ski program of Lore~ta 2% Loretta Heights College and the 2% improvement Tax. Stewart is to find out from Lawrence Elisha Heights Coil. whether the school or the individuals will pay for the accommodations. The Clerk ~was instructed to accept the check from the Floradora covering the 2% Floradora Improvement Tax and to advise them to keep current to avoid penalty. ~ 2% Council approved Mayor Garfish signing corrective deeds as follows: Deeds -plenk Henry Plonk-Lots N~O, andP in B1 26 - City and Townslte of Aspen. it Griffith 3ames P. S. Griffith - Lots D and E, Block 49, City and Townsite of Aspen. Re - relinquishment, by purchasers of the Deaconess Crow property, of West 18 feet 18Ft. BI~5- of Lot L Block 25, East Aspen, to the City, accepted and to be recorded. Lot L to City Ordinance No. 2, Series 1961 - Vacating Alley in Block 66 - read by Attorney Stewart Ord. 2,1961 for the second time. A motion was made by Bayer, seconded byAnderson, to adopt the Vac, Alley Ordinance on final reading and order it published. Carried unanimously. B1 66 There will be a meeting with the contractors on March'27 at 7:30 PMand Jim Markaluna~ Contractors will notify them. lic.ord. Regarding the statement from C. H. Anderson for salary from May 1, 1960, to June 15, C.H.Anderson - 1960, the Clerk was instructed to inform him that Councul disallows this amount, salary Mr. Stewart said A1 Kern is 'quieting title to Tommy Carter's property and that, in the abstract, reference is made to a 99 year lease to Big and Little Chief with ease- Tommy Carter ment for ski tow, and he requested that this encumbrace be removed. Ai~mr discussion, release of a motion was made by 3ames, seconded by Anderson, that the Mayor and City Clerk are lease. authorized ~o release that part of the Tom Cgrter property lying in the Big Chief and Llttle~ Claims from the burden of lease in favor of the City coverfng said property for skiing purposes and that the City Attorney is to draft said release. CArried un- amimously. The following licenses for hotel-motel licenses were reviewed: Hotel lie. Timberline Dorm~ Mountain Chalet Guido's Swiss Inn The Bowlby's A motion was made by Anderson, seconded by Braun, to issue licen§es. Carried un- animously. Council appointed Councilman Anderson to go to Denver and get pertinent infdrmation Anderson to in connection with gas franchise from PUS; also their recommendation if waterlines not PUC City owned are causing water loss through leakage and not being repaired, on motion by Beyer seconded by James and carried unanimously. F Jim Markalunas said that the Aspen Co. wants to put a~ exhaust fan in the Roaring Roaring ork! Fork, and has asked if 'they may extend housing into the ~lley. Council approved~this Exhaust fan so long as installation meets the r~quirements of the Building Inspector. Attorney Stewart referred to contract on the pipeline on South Monarch St. A motion was made by Anderson, seconded by Beye~, to approve the contract between Jack Cammack, Wo~ Waterline R. FOster and Elizabeth Foster, John E. Andrus 111 and Mar~O~ H. Andrus, and Paul and So. Monarch Hanna Wirth, and Billie Hanks on the waterline extending ~southerly on Monarch from the City limits, executed December 21, 1960. Carried unanimously. Discussed - new scavenger service being draw~ up. clean up program for C~ty Preparing analysis of how City funds ar~ sDent. Mud Holes City Bookkeepin~ Meeting recessed until March 13, 1961, at 7:30PM. l:45AM City Clerk Aspen, Colorado Continued Meeting Aspen City Council March 13, 1961 Mayor Garfish re-opened the meeting at 7:30 PM with Councilmen Braun, Beyer, James and Anderson, City Administrator Wurl and City Attorney Stewart present. Judge Shaw- Judge Shaw was present at the request of Council' for a discussion of the City's water rights water rights. He referred to his report already presented, and asked what Council wants to do,- lease, sell or use water. He suggested leasing with the City retaining paramohnt rights and necessary easements. He suggeste~ year to year leases, City to retain paramount title, lessees to be responsible for upkeep, but they should pay the City for such and the City should handle. Council requested Judge Shaw to consult with Attorney Delaney to have contracts Jim Moore drawn up. Judge Shaw is to send letter to Jim Moore that the City recognizes no rights on his part, and he suggested that the City expend some money on the upkeep of ditches. Discussed - overflow- RoH Roy property and Marolt adjudication. Judge Shaw ex- Overflow- pressed the opinign that~he city is not responsible for the overflowing of ajudicated adjudicated water, and he advzsed tha~.the Czty not permit anyone to come into its ditches, also water, that any contracts drawn should indicate the~ supply of water "whe~ available". Also discussed - Headgate should be large enough to accommodate supply of water- adequate City must exercise acts of dominion by doing maintenance work and keeping ~accounts of records, expenditures, etc. Overflow into Regarding overflow from Durant Mine running into Glory Hole, and position of ~ity Glory Hole if Mole fills up. T~e Judge and Attorney Stewart will work on this. Mayor Garfish thanked the Judge for attending the meeting. i , City Administrator Wurl's report: He submitted revised report on Special Water Fund. Discussed - balance of surplus in Electric Fund - drilling another well, and calling in engineers from pump suppliers for advice - pressure ~educing valves,, how far to extend lines in West End and ad- visability of finishing that project. Street grades Mayor Garfish then asked about the street grade program, and Wurl said that G. E. Buchanan Buchanan's proposal provided that the City would get profile sheets with designated width of street and sidewalk, existing grade and proposed grade; grades will be esta- See correction blished at corners and if there is a difference of more than 2% a grade marker will be 3/20 Min. placed wherever needed; plan on drainage and recommendation as to what he thinks should be done with the drainage problem. His work will take 90 days, covering work for both City and Cbunty, and City will get a complete map. A motion was made by Braun, seconded by Anderson, to accept the proposal of G .E. Buchanan for the street grade engineering project as his is the lowest proposal and complies with %he terms and provisions as specified, the work to be completed in 90 days and the Mayor and City Clerk be authorized to enter into an agreement with him in ac- cordance with the p~oposal. Carried unanimously. Will will follow up. It was sug- gested that the contract should provide for negotiation if the Federal Agency should turn down the City's request for funds. Attorney Stewart and Wurl will work on contract. Wurl showed Council proposed revised schedule of ~ap c~arges, and the matter of an disc.water amendment to the Waterworks Ordinance was discussed. Also discussed-reduction of ~0% rates, of meter ~ate during June,July and August to make it more equable with the flat rate; cosl and inconvenience involved in meter repairs, and replacing outside residential meters with flat rate increased in the ratio used for the ~ity increase in April 1960. Attorney Stewart will prepare amendments. Water- Discussed , ~nnexation and problems involved; water users on Red Mountain and. Red Mountain need for additional tank; matter of installing pump on Red.Mountain; that users should be informed by May 15th if present tanks are not adequate. Investigating used tahks. Attorney Stewart advised Clerk that it was in order %o accept check in the amount Rent?Aspen of $10.00 from the Aspen Company covering rent on the Opera ~ouse for ten years, ~ub- Co. ject to their meeting the agreement in their lease. , Scavenger Proposed contract with Goodheart ~or scavenger service, and suggested changes contract discussed- and will be drawn up. Vacating Attorney Stewart will see if ordinances vacating alleys may include provision for k_~' alleys the~City to regain the alley if it shOuld be required for public purposes at a later Vacation- An ordinance vacating a portion ok Cleveland St. was ~ead for the first time Cleveland St. by Attorney Stewart and action was withheld until Council looks over that location'to see if drainage reservations will be required. Bi 67 - Re Lots H and I Block 67 in Paepcke Park - Attorney Stewart is taking steps to Lots H.& I. quief title. ~atural gas Mayor Garfish said he had heard from Russell re brigging wholesale gas to Glenwood Springs for a Municipal system, and if the~ do so they would want to serve Aspen - Aspen, Colorado Regular Meeting Aspen City Council March ~, 1961, cont'd. 50 cents at gate of Aspen. Discussed - vault for City valuables. Wurl will get information on 8 hour resis- Vault tance, and Councilman 3ames will inquire about safe door. The meeting was adjourned at 12:30 AM.