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HomeMy WebLinkAboutminutes.council.19610508 Aspen, Colorado Special Meeting~Aspen City Council May 8~ 1961 East Aspen The Aspen City Council met in special session Monday May 8, 1961, at 7:30 PM. Patent Present were Mayor Garfish, Councilmen Braun, Anderson, and James. Mr. Beyer was absent. Also present were Mr. Clint Stewart, Mr. Mellman, Mr. James Snyder, Mr. Wurl, Mr. Robert Kopp, Mr. Louis Sparovic and his attorney, Mr. Fred Mattson. Clint Stewart explained the plat of East Aspen and the Henry Clay Lode. He pointed out the co~ested area claimed by Mr. Sparovic and Mr. Snyder and also by John Herron,* Mr. Mellman reported that Mr. Herron through his attorney, Mr. Frank Delaney, had prepared an agreement in which he would relinquish surface rights to Cerise, Snyder andSparovlc' and the City could immediately execute deeds to each of these parties; then the City would relinquish to Herron all other land in the con- tested area. Mr. Mellman reported that Mr. Delaney had asked him to ~ign this agree- ment as attorney for the City Council, but he had refused to do so. There was some discussion whether Mr. Herron was claiming this disputed prbperty under the Townsite Act or under the Mineral Law. Mr. Mellman stated that Mr. Herron had failed to apply to the court under the statute of limitations in regard to the Townsite Act, and felt there was a question whether he has applied with the Mineral Law.A He felt that the City was getting nothing under this agreement and advised that it not be signed. He also felt that the City Council had no right to give a deed on land that was being disputed in court - that the court should first decide who legally owned the land and could transfer it. He stated that originglly Mr. Herron' claimed rightslunder the Townsite Act, which were rejected by the Oity aouncil a year ago, and that Mr. Herron had failed to appeal this decision to the Court. This appeal should have been made within 60 days. Mr. Mellman recommended that the Council proceed with the court action and not sign the agreement. Mr. Fred Mattson, representing Mr. Sparovic, requested that the City Council give a deed to Mr. Sparovic subject to a decision on the Henry Clay Lode. Mr. Mellman said that giving a deed subject to Herron's rights would be implying that the City ad- mitted that Herron had. some rights to the disputed land. James Snyder stated that John and Bill Herron had signed, a letter to the Land Management that ~hey had no contest or conflict with anyone on that land in order that the City get the patent. He stated that this letter was on file in the courthouse. He further stated that Herron then withdrew on the whole deal. Mr. Mellman stated that, when there is a contest under the Townsite Act, it has to be appealed, to the court and that the Council had no right to give a deed until the court had made a' rulingg After some discussion, Mr. Mellman suggested that Mr. Mattson draw up a petition oB behalf of the City, set- ting forth that there is some question whether this property is involved in the law- suit, and that there has been a demand made upon the City to issue a deed to the Spar- Special Meeting Aspen City Council, May 8, 1961 continued. ovicsand the City wants an order from the Court to issue a deed. He stated that the City would be able to give a deed to Mr. Sparovic if the court ordered it. Mr. Mellman stated that all the facts should be given to the court, then if the court ordered the City to give the deed, they would be in the clear. He suggested that Mr. Mattson set up the court hearing for about June first and prepare a deed along with the court order. Clint Stewart pointed out that Mr. Herron would have the burden of proving their Motion - position, but that he and Mr. Mellman had to have authorization and instructions from Court case. the Council to make necessary preparation for court action. Mr. Braun made a motion that the Council give Mr. Stewart and Mr. Mellman authority to make necessary prepara- tion for a court case. The motion was seconded by Mr. Anderson and approved unani- mously. This is to be confirmed at the next regular meeting of the Council. Mr. Wurl stated that he had been contacted by Mar7 Helen Cattell in regard to Cattell placing a directional sign in front of her building in the sidewalk. T~.e ~ouncil de- Directional cided that she should be referred to the Planning ~oard, and if not satisfied with Sign their decision, to the Board of Adjustment.· Mr. Wurl brought up the subject of wages of City employees, particularly Teleo Caparella. There was some discussion of putting the men on straight monthly salaries Salaries- those at $1.75 an hour to $350.00 a month,- those at $2.00 an hour at $400.00 a month- and those at $2150'an hour to $500.00 a month. There was some discussion as to whether this was legal since the men work 44 hon~sa week and overtime would have to b~ accounted for someway or the City would have to show that it was paid as overtime. It was decided that the matter of overtime payments, as applied to municipalities, should be checked before a final decision was made. M~. Clint Stewart advised that Council that Mr. D. R. C. Brown and Edgar Stanton had talked to him regarding some land in Block 102. The Ski Corporation would convey to the City 40 feet of the two lots, ~iving the City access from Durant Street to-Ute Avenue and a pumphouse. They asked i n return that the City vacate the alley in Block B1 102 102 and give them a 99 year lease to the land identified in a document recorded in Alley Book 167, Page 84, in the office of the Pitkin County Clerk and Recorder. Mr. 3ames Ski Corp. moved that the City accept the east ~0 feet of Block 102, vacate the alley and a portion of the triangle on Ute and that the City release claim to the land identified in a document recorded in Book 167, Page 8~, of the records in the office of the Pitkin County Clerk and Recorder. Seconded by Mr. Anderson and unanimously approved. This is to be confirmed at the next regular meeting of the Council. At the suggastion of Mr. Braun, Mr. Stewart will attempt to set up a meeting between the City Council and directors of the Aspen Ski Corporation, tentative date was set for Thursday, May 11 at 5:00 PM. Mr. Stewart inquired whether the Council planned to read the publication of Public pub. Serv. Service Company at the next meeting and was told that this was planned. Co. Mr. Anderson moved the meeting adjourn. Seconded by ? The meeting was adjourne~ . Norma And~rsonf ~eputy.