HomeMy WebLinkAboutminutes.council.19630401Aspen~ Colorado Regular Meeting~ Aspen City Council April__l, 1963
The meeting was called to order at 7:30 PM by Mayor Garrish,lwith Councilmen
Newell, Beyer, Moore and Zordel, City Administrator Humphrey, City Treasurer Mrs.
Taylor, and Mr. Wendt representing Mr. Stewart, present.
The minutes of the regular meeting of March 18 and the special meeting of
March 20, 1963, were read and approved upon motion by Beyer~ seconded by Newell, and
carried.
The City's bills payable were read, and a motion was made by Beyer, seconded by
Newell, to suspend Rule 19 and to allow the several amounts. Motion carried unan-
imously.
A motion was made by Councilman Newell, seconded by Councilman Beyer, to confirm Confirm
the motion regarding the improvement district made at the special meeting of March motion
20, 1963. Motion carried unanimously.
Clyde Clym~r, Fire Chief, was present in the interest of the ordinance regarding
flammable liquids, and he showed Council a picture of a fire caused when a fuel oil
delivery truck was involved in an accident. Mr. Clymer said he feels it is time to Flammable
]init size of trucks as the department does not have the equipment to handle such fires, Liquid
and the City does not have storm sewers. Discussed - attendance of trucks during Ord.
delivery - requirements for fire extinguishers- ordinance covering delivery-possi-
bility of other companies using large tank trucks. This matter is to remain tabled
until the meeting of April 15, and Oouncil requested Mr. Clymer to attend.
Mr. Sanderson infoz~med Council that the Historical Society could not come to Histroical Soc.
any decision until Council informs them what space they may use in Armory Hall. Dis-
cussed-possible conflict with other users of Hall - need to protect exhibits-
Society woul~ like to have first bay - about 20 feet and they would have an 8 foot
wall erected - Council suggested that plan be prepared and presented for consideration.
Jim Snobble and 3ohn Eddy were present regarding the application filed by the
Nugget for a liquor license, which had been tentatively approved by Council, but not Liquor lic..
~xecuted by the Mayor and not sent in to the State Liquor Licensing Authority. Jim app'l. ~
referred to the verbal information from Paul Adams ~o the City Clerk that the license The Nugget {
had been denied in a session in Denver, and he asked for a motion to release the I
application and to send it to the Secretary of State for action. Mayor Garrlsh read
from a certified copy of the Minutes the motion giving tentative approval of the
application. Mr. Snobble said he had been informed that the State office had~no
record of this application.
Mr. %~ndt advised Council that shy applicant has the right of appeal, and while
action is suspended, he is being denied his rights, and he said application should be
executed and sent to the State with letter of transmittal regarding tentative ap-
A '
proval and the 500 feet provision, and let'the State Liquor Licensing uthorlty make
the decision.
Motion- A motion was then made by Councilman~Newell, seconded by Councilman Moore, to
Nugget authorize the Mayor to execute the application of the Aspen oldlng C. dba The Nugget,
application for a liquor license, and to have it sent to the Secretary of State with a letter of
tran-smittal. Motion carried unanimously.
~ Mr. Wendt is to prepare letter of transmittal and submit it to Council at the
I ~ meeting of April 15thl 1963.
Intention- ~JeS Thorpe and Curt Bear showed Council plans for a building to be built at
liquor lic. app' the Little Nell slope. Mr. Thorpe outlined building, and referred to their intention
to apply for a liquor license. Discussed - parking.
Jim Moore asked if decision had been made regarding the land in the area of
Land near the dump. Mr. Humphrey informed Council that G. E. Buchanan, who had been hired
Jonas by Whip Joned, had included in the subdivision land not owned by Jones, and that
the Subdivision encroaches on City property. He said he feels that this can be
handled by replatting by Buchanan, and that the City is not involved. Discussed-
and this ~ atter was tabled for further recommendation from Attorney Stewart.
Jim Markalunas reported that he had received no further information regarding
the matter of flammable liquids, and presented to Council a letter from the Mtn.
States ~spection Bureau regarding standards for tanks.
Councilman Moore referred to a delapidated building at Third and Smuggler -
discussed.
Councilman Moore referred to Board of AdjuStment, and Mayor Garfish outlined
their function according to the Municipal Code.
The proposed improvement district was then discussed - letter from Tallmadge
Improvement and Tallmadge read by the Mayor, and formof petition reviewed. Mr. ~%ndt suggested
District that the fair thing Go do would be to enter into a contract with the State Highway
Rt 82 Department wherein they pay for the paving of Route 82, the amount of such payment
i to be applied against the total cost and thereby benefit those in the district.
Discussed- cost per front foot should fall between $5.20 and ~9.00, to cover
curb and gutter, 6" soil cement base and double coa~ing.
Discussed -bidding.
See Page
228A Council then instructed Mr. Humphrey to proceed with petitions, and to send
! i for certified letters to absentee owners. Council also accepted the offer of Mr. Cor-
j ResolUtion nell that his company would send direct mail to property owners, regarding soil
~ ~ Prepared cement.
i ! P~rs~ant to
~nclI~ inS~UO- A motion was made by Councilman Moore, seconded by Councilman Beyer, that the
rich. City should pay its pro-rated share for the City's property in Improvement District
MOTION No. 1. Motion carried unanimously.
E '
lectrzc Electric Improvement prog~n - Ma~or Garfish was informed by Mr. LeOuyer that
program he and the Mountain States Telephone no. are reaching an agreement regarding poles,
and the Mayor instructed Mr. LeCuyer that the project must stay within the bonding and
budget finances. The statement submitted by Merrick and Company was turned over
to Mr. Humphrey.
Request to rezone area in West~end - awaiting information from Planning Commis-
sion.
Bd. of Board of Adjustment- Clerk instructed to send letters to suggested persons to
Adjustment determine if they will serve.
Thrift Shop - agreement still pending, also amount of rent.
Mayor Garfish read-
Letter from Chamber of Commerce, expressing dissatisfaction with the Occupational
Tax.
Letter from Mayor Beattle of Glenwood Spring, r.~ecommending support of the City
in establishing a Chapter of 3aycees in Aspen.
Letter from Attorney Stewart regarding the Improvement District.
Letter frOm University of Colorado re Mayors and Councilmen Institute.
Resignation Letter of resignation from Eldon McCune from the Police Department.
McCune Letter from Communications Board of Glenwood Springs read and placed on agenda.
Agenda-Com
munications
A motion was made by Councilman Beyer, seconded by Councilman Moore, to approve
the issuance of rooming house licenses to the following,as appl~ations have been
Roomin~ House approved by the Building Inspector;
Licenses. Edelweiss Inn and Chalets Slavens Motel Timberline Dorm.
Motion carried unanimously.
! ~ ~ Ord. No.
! iSer~es 1963 Ordinance No. 3, Series of 1963, An Ordinance Providing for the Erection of
! Temporary Signs, Prescribing Their Loc~t.~on, Construction and Area Limitation; Pro-
%-;'~ viding for the Issuance and Duration of Pe.rmits; Providing for the Removal of Cer-
tain Signs; Providing Penalties for the Enforcement Thereof, and Declaring an
Emergency to Exist:
was read in full for the second time by Attorney Wendt:-~, and a motion was made
bY zovcle~ seconded by ~eye=, to finally adopt the Ordinance. Motion carried un-
animously.
Ordinance Ordinance No. ~, Series of 1963, An Ordinance to Amend Title 1, Chapter 17 of
No. 4,1963 the Official Code of Aspen so as to Conform The Municipal Court System to the
Applicable ~tatutory prOvisions of the State of Colorado:
was read in full be Mayor Garfish and finally adopted upon motion by Beyer,
seconded by Zordel, and carried unanimously.
Mr. Wendt reported that East Aspen Patent Political status is still pending and East Aspen
that Mr. Stewart is trying to contact Attorney Delaney regarding the request of Patent
Mr. Herron for negotiation.
Mr. Wendt is to prepare resolution for Council and letter to the Board of the Mrs. Kralic~
Policemen's Pension Fund regarding pension payable to Mrs. Kralicek, and refund of Police PensioTr
contributions made by Cris Kralicek for F.I.C.A.
A motion was made by Councilman Moore, seconded by Councilman Beyer, to authorize
the Mayor to execute a deed- East Aspen Patent to Anthony Kas~lie and Nora Kas-
relic to - - ~ ~
A tract of land located in Tract ~1 of the East Aspen Townsite
in Section 18, Township lO South, Ran~'e 8h West of the 6th P.M.
Said tract is more fully described as follows:
Beginning at Corner No~ ll oC~said Tract hl, thence S. 0°02' E.
127.O5 feet alon~ the line lO-11 of Tract
Thence N. 8~°h2' W. 1~9.18 feet to the center line of the Roaring
I Fork River; Deed -
Thence N. 8°19' W. 62.70 feet alon~ the center line of the Roarin~ Kastelic
Fork River;
· Thence N. 29°1h, W. 5~.91 feet alon~ the center line of the
Roarin~ Fork River to Line 8-9 of Tract hl;
Thence N. 0°21, E. 119.15 feet to corner No. 8 of Tract Al;
Thence west 115.86 feet along Line 7-8 of Tract hl;
Thence N. 19°~6' W. 61.23 feet;
Thence N. 7~°~' E. 76.63 feet;
Thence North 66.31 feet;
Thence starting on a bearing of N. 86°0h' E. around a curve
the left with a radius of 79h.02 feet a distance of 99.9~ feet
Line 12-13 of Tr$ct hl;
Thence S. OUl5' W. 261.25 feet %o corner #12 of Tract
Thence East 158o00 feet ~o Corner No. ll of Tract hl, the point
of beginning;
Containing kh,6hl square feet, more or less.
Motion carried unanimously.
A meeting to discuss policy on waterline agreements - irrigation rates- feasibility
of use of wa~er rights and other matters will be held-Monday, April 8, 1963, at 7:30PM.
Calderwood annexation- still pending.
A motion was made by Councilman Zordel, seconded by Councilman Beyer, to increase
the salaries as follows:
Roy Baker- Police Chief to $440.00_a month Police force
David Sturgeon - Marshal to 400.00 " Salary inc.
Chalres Davis - Marshal to 1/2 of $420.00 a month
effective April 1, 1963. Motion carried unanimously.
Mr. Humphrey's report:
Clean up program.
Current report on water samples- all safe.
Old fire truck - rebuilt to handle sprinkling.
Mayor Garrish made the following appointments: Council
Councilman Moore ~ to Planning and Zoning Commission. appointments
Councilman Zordel Supervision of Parks
Councilman Beyer, Supervision Streets and Alleys.
Councilman Newell - supervision - buildings and grounds.
A motion was made by Moore, seconded by Zordel - to appoint Councilman Beyer as Mayor
Mayor Pro-Tem. Motion carried unanimously. Pro-rem.
Councilman Moore referred to reference to "engineer" in petitions for the im-
provement district and was informed that this refers to City Administrator Humphrey/ Engineer.
Disc6ssed- dump site.
The meeting was adjourned at 12:35 AM upon motion by Zordel, seconded by Newell
and carried.
A regular meeting of the City Council of Aspen, Colorado, was held at City Hall
in said City at 7:30 o'clock P.M. on Monday, the first day of April, 1963, at which
i' there were present and answering at roll call:
~/ Mayor: M.J. Garfish
~ Councilmen Wolf J. Beyer
[ ! Kenneth NCB Moore
~ Clyde Newell
Wilbur Zordel
City Clerk Dorothy Hoffmann
City Treasurer Etta Taylor
City Attorney Deputy City Attorney - John Wendt
City Engineer Frank J. Humphrey
Absent None
******* Thereupon, the following RESOLUTION was presented, considered, and unanimously
adopted, all of the Councilmen present Voting AYE on the adoption thereof:
Resolution
prepared put- R E SOL ~. T I O N
suant to Council
instruction -
See page 227 ADOPTING DETAILS AND SPECIFICATIONS FOR AN IMPROVEMENT DISTRICT
IN ASPEN, COLORADO, TO BE KNOWN AS IMPROVEMENT DISTRICT NO. l,
ASPEN, COLORADO, AND ORDERING PUBLICATION AND MAILING OF NOTICE
OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR
IMPROVEMENTS IN SAID DISTRICT.
':~EREAS the City Council of the City of Aspen, Colorado, has received petitions
subscribed by the owners.of a majority of frontage d%re~tly abutting on each of t e
streets and avenues hereinafter set forth, on which it is pro,posed to construct and
install concrete curb, gutter, and street paving improvements, together with necessary
incidentals and appurtenances; and
WHEREAS, the City Council has examined said Petitions and has found the same to
have been signed by the required number of owners and to be in'.substAnti~l compliance
with t~e law; and
WHEREAS, pursuant to Chapter 89, Article 2, Colorado Revised Statures 1953, the
City Council has determined to construct and install such improvements on the streets
and avenues in said City, in accordance with said Petitions, and as hereinafter set
forth; and
ii W/~EREAS, pursuant to orders of the City Council, the Engineer of the City has pre-
pared and filed plans, specifications, estimates, maps and schedules for the proposed
improvements;
THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN, COLORADO:
1. That said Engineer's reports, together with the details, specifications,
estimates, maps and schedules prepared and filed with the City Clerk be and the same
are hereby approved and adopted by said City Council for the use'in the construction
of thelimprovements to be made in said Improvement District.
2. That the materials to be used in constructing the proposed improvements are
stated in the NOTICE h~reinafter set forth.
3. That the assessments to be levied for said improvements shall be due and pay-
able within thirty days from and after the final publication of the ordinance assessing
the whole actual cost of said improvements aga~st the real property in said District;
however, that any owner who shall pay his full assessment within said period of
thirty days shall be entitled to an allowance of five percent (5%) of the amount so
assessed against his property and paid by him. In case anF owner of real estate shall
fail to pay the wh61e of such assessment against his property w~thin said thirty days,
then the whole cost of said improvements so assessed against his property shall be pay-
able in not more than 10 equal annual installments of principal, with interest, o~ un-
paid installments at the rate of 6% per annum, payable annually; the first said in-
stallments of said prin~pal shall be due and payable at such time as may be determined
in and by the assessing ordinance, and the remainder of said annual installments of
prinicpal and interest shall be due and payable successively on the same day in each
year thereafter until all are paid in full.
~. That the property to be assessed for said improvements shall be the property
specifically behefited by said improvements and more particularly described in the
Notice hereinafter set forth.
5. That there shall be prepared an ordinance creating within the corporate
limits of said City a local improvement dis%rict to be known as Improvement District
No. 1, providing for the construction, in sala lstrl=t~ of the improvements, all
as is in this Resolution set forth and described, and in acco.~dance with the reports,
plans, ma~s, specifications, details and estimates of the Engineer of said City, herein
referred to and now on file in the office of the City ~erk.
6. That the said proposed ordinance be considered for passage and adoption ~y the
City Council at 7:30 o'clock P.M., on the 3rd day of June, 1963.
7. That Notice of the proposed improvements be given by the City Clerk and
Published in the Aspen Times, a newspaper of general circulation in said City, in
four consecutive weekly editions, therein giving notice to the owners of the property
~ to be assessed of the matters and things ~equired by law. As soon after the time of
, the first publication as possible, notice shall be given by prepaid mail to all known
owners of property to be assessed with the cost of said improvements.
The Notice to be published shall be in substantially the following form, to-wit:
N 0 T I C E
OF A PROPOSITION TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN ASPEN, COLORADO,
TO BE KNOWN AS IPIPROVEMENT~DISTRIOT NO. 1; TO MAKE CURB. GUTTER AND STREET
PAVING IMPROVEMENTS ON CERTAIN STREETS AND AVENUES THEREIN; AND OF A
PUBLIC HEARING THEREIN; AND OF A PUBLIC HEARING THEREON.
All o%-aers of real estate and property hereinafter described, and all persons
generally, are hereby notified that the City Council of the City of Aspen, Colorado,
pursuant to Petitions subscribed by the owners of a majority of frontage directly
abutting on the streets and avenues hereinafter set forth, and in accordance with the
laws of the State of CoIoradQ has adopted full details, plans and specifications for the
construction of curb, gutter and street paving improvements and appurtenances in and for
a proposed special improvement district within the corporate limits of Aspen, Colorado,
to be known as Improvement District No. 1.
1. Ail persons are further notified that the kind of improvements proposed are as
follows:
a. Standard upright concrete curb and gutter;
b. Street paving, which shall consist of a six inch treated base course
prepared and laid according to suggested specifications of the Portland Cement
Association. The wearing surface shall be a double application of "Sand Slurry
Seal" emulsified asphalt surface course on the following streets and avenues:
On Main Street, from the east side of Aspen Street to the west side of
Galena Street;
(2) On Hopkins Avenue, from the east side of Aspen Street to the west side of
Galena Street;
(3) Ou Hymau Avenue, from the east side of Aspen Street to the west side of
Spring Street;
On Cooper Avenue, from the east side of Aspen Street to the west side of
Sprin~ Street;
(5) On Durant Avenue, from the city boundarF line east to the west side of
Spring Street;
(6) On Dean Avenue, from the City ~oundary line east to the west side of
Galena Street;
(7) On Aspen Street, from the north side of Main Street south to the city
boundary line;
(8) On Monarch Street, from the north side of Main Street south to the city
boundary line;
(9) On Mill Street, from the north side of Main Street south to the city
boundary line;
(10) On Galena Street, from the north side of Main Street south to the city
boundary line;
(11)On Hunter Street, from the north side of Hyman Avenue to the south side
of Durant Avenue;
(12)On Spring Street, from the north side of Hyman Avenue to the north end
of Ute Avenue.
'c. Ail radius construction at all intersection~ and concrete gutter pans
where needed to insure proper drainage.
II. The property to be assessed for the costs and expenses of said improvements
is as follows:
All property located'in the following blocks, which property abuts said improvements~
Blocks 73,79, 86, 67, 74, 80, 87, 93, 68, 75, 81, 88, 94, 99, 69, 76, 82, 89, 95,
100, 105, 70, 77, 83, 90, 96, 101, 106,'Block 3 Eames Addition, 84, Block 2,
Connor's Addition, 91, 97, 102, 107, and on real property as more fully set forth
below for street intersection improvement, in Blocks 66, 19 and 104.
The total cost of street intersection improvements shall be app~rti°ned uniformly against
all real property abutting on each street forming the intersection and to a dept~
of one-half block back of such intersection.
The cost of alley intersections shall be included in the cost for improving-
the street in that particularblock in which the alley intersection is located.
III. The assessments for said improvements may be paid in 10 equal annual install-
ments.
IV. Said assessments will be due and payable without demand within thirty days
from and after the final publication of an ordinance assessing the whole cost of said
improvements against the real property in said District; provided, however, the% any
owner who shall pay his full assessment within said period of thirty days shall be
entitled to an allowance of five percent (5%). In case any owner of real property
shall fail to pay the whole of such assessment against his property within thirty days,
then the whole cost of said improvement so assesse~gainst his property shall be
payable in not more than ten equal annual installments of principal, as aforesaid.
The first of such installments of said principal s~all be due and p~ble at such
time as may be determined in and by the assessing ordinance, and the remainder of said
installments shall be due and payable successively on the same day in each year there-
after ~ntit all are paid in full.
V. The rate of interest to be paid on unpaid and deferred installments shall be
6% per annum, payable annually.
VI. The extent of the District to be improved shall be all of the real property
fronting or ab~tting on all of the streets and avenues in the City of Aspen, Colorado,
set forth above. Improvements to property along the sides of corner lots shall be
assessed on the same basis as improvements to property fronting ~he streets and
avenues improved.
VII. As shown by the estimates of the Engineer, the probable total cost of said
improvements in said District will not exceed $172,779.00. Probable cost per front
foot for concrete curb and gutter is $2.35, and the probable cost per front foot
for street paving improvements is $4.89; the probable cost per front foot for inter-
section improvments is $1.14.
All estimates exclude 6% for inspection, collection and incidentals and
interest as provided by aw.I~-~--
Property owners are specifically referred to the schedule of estimated prop
posed assessments on file in the office of the City Clerk,from which the approximate
amount to be assessed against any particular lot or parcel of property may be deter-
mined.
Upon completion of said improvements, or as soon as the total cost thereof
is definitely ascertained, such cost shall be apportioned to the property in the
District. Notice of such apportionment shall be given and a Hearing will be held prior
to the adoption of an ordinance assessing such cost, all as provided by law.
VII. Not less than 20 days after the first publication of this Notice, an ordi-
nance authorizing said improvements will be considered by the City Council, to-wit:
on the 3rd day of June, 1963, at the hour of 7:30 o'clock, P.M.,or at an adjourned
meeting thereafter, at the City Hall in said City.
IX. A~map, estimate and schedule showing the approximate amount to be assessed,
and all resolutions and proceedings are on file and can be seen and examined by any
person interested at the office of the City Clerk at any time during business hours
prior to the 3rd day of June, 1963.
X. All complaints and objections that may be made in writing concerning the
proposed improvements by the owner or owners of any real property to be assessed will
be heard and determined by the City Council at the meeting specified above, or at
some adjournment thereof, before final action shall be taken.
DATED as of the 3rd day of May, 1963
(SEAL)
City Clerk
Published in the Aspen Times, Aspen, Colorado
FIRST PUBLICATION May 3, 1963 FINAL PUBLICATION May 24, 1963.
8. The Notice to be mailed to the owners of property to be assessed with the
cost of said improvements shall be in substantially the following form::
CITY OF ASPEN
PITKIN COUNTY~ COLORADO
YOU ARE HEREBY NOTIFIED That the City Council of the City of Aspen, Colorado,
proposes to create Improvement District No. 1 in ~id City, for the purpose of con-
structing curb~ gutter and street paving improvements on certain streets and avenues
insaid District, and to assess the cost thereof against the real property to be bene-
fited by said improvements.
You are specifically referred~ the Notice of Intention to create said
District to be published in the Aspen Times on May 3, 10, 17 and 24, 1963, and to'the
plans, specifications, proceedings and a schedule of estimated proposed assessments
against each lot or parcel of property in said District, on file in the office of the
City Clerk in said City.
A public Hearin~ on said proposal will be held by the City Council at the
City Hall in the City of Aspen on Monday, the 27th day of May, 1963, at the hour of
7:30 o'clock P.M.
Dated as of this 8 th day of May, 1963
~'ity'"Clerk
The above resolution was adopted and approved as of the 1 day of April 1963. See
Minutes of the regular meeting of May 6, 1963, confirming the form of this
city'cl