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HomeMy WebLinkAboutminutes.council.19631104 The meeting was called to order at 7:30 P.M. by Mayor Garfish, with Councilmen Beyer, Braun, Melville and Newelt, City Administrator Humphrey, City Treasurer Mrs. Taylor and Deputy City Attorney Wendt present. The minutes of the regular meeting of October 21, 1963, were read and approved upom ~otion by Councilman Beyer, seconded by Councilman Newell, and carried. The accounts payable of the City were read and discussed, and a motion was made by Councilman Beyer, seconded by Councilman Melville, to suspend Rule 19 and to al- low the several amounts. Motion carried unanimuosly. The Treasurer's report was read by Mrs. Taylor, and after discussion, was ap- proved upon motion by Councilman Newell, seconded by Councilman Braun and carried unanimously. Package liq. Newt Klusmire referred to application filed by Jeannette Klusmire for a package lie. app'l, liquor license for a store in the Centre of Aspen building. He said that as all Klusmire. requirements have been met, he felt entitled to a decision at this meeting. Councilman Braun referred to the meeting held by the liquor policy committee, who felt that it would not be desirable to have a package store at that location - at the foot of the Little Nell Ski slope. Councilman Melville said he does not feel there is a need for another package outlet, and he does not feel one would be desirable at this location. Wes Thorpe referred to the fact that location is zoned for business, and said that it would not be too far out of line to have such establishment there. Councilman Beyer referred to tentative approval already given by Council for a full liquor license in the same building - Centre of Aspen. Councilman Braun referred to meeting with the Secretary of State- and said if needs have been met, application may be denied. Mr. Thorpe said there had been only one increase in package licenses in 15 years. Motion to A motion was then made by Councilman Braun, seconded by Councilman Beyer, to reject, reject the application'of Jeannette M. Klusmire, dba Centre Liquors, 611 Durant Ave., Aspen, Colorado, for a retail liquor store license, as there is not a need for a package license, and it would not be desirable to have one at that location. Motion carr~ ' unanimously. Liq. licemse LiquDr license application - Number One Main~ Corporation - dba Ratskellar - three k~No. 1 Main reference letters not received - tabled. Beer and Wine Beer and Wine license application - Gary Worthington and Claudette Johnson,' Fondue House. dba Aspen Fondue House, three reference letters not received -applicants not present - tabled. Liq. lic. ~Liquor license application --Independence Restaurant Co. - Mayor Garfish read Independence Co letter dated October 28, 1963, from F. George Robinson - license to be considered at meeting of November 18, 1963. Liq. lic. Liquor license renewals for 1964 - Councilman Beyer said he had talked with the Renewals. Building Inspector who had informed him that some establishments are not complying with safety code. Werner Kuster asked if applicants should not be required to pay taxes before licenses are ~onsidered. Mr. Wendt suggested havinK a special meeting to get list of allldelinquent taxes and building code vriolations. Councilmen Beyer, Melville and Braun will get information for the November 18th meeting. 'Mr. John Norton delivered a quit claim deed to the City to: Quit Claim deed Ail the Silver King Lode, 4746, without the boundaries of-the Henry Clay Lode. from J. Herron All the surface of the Henry Clay Lode as described in the Additional and Amended location Certificate recorded in Book 192, Page 324 of the records of Pitkin County, Colorado, described by metes and bounds as foilows: "Exhibit A" Beginninz at corner No. 10 of the plat of entry by the Mayor of Aspen of East Aspen Addition and Hughes Addition sections 7, 8 and 18 Township 10 S Range 84 West of the 6th P.M. Pitkin County, Colorado, tracts number 40 and 41 for Townsite Patent. Said n~mber l0 corner being in tract number 40. Said corner number 10 is on and intersects the westerly side line of the Henry Clay Lode. Thence from said corner number 10 south 34o47' 43" west along westerly side line of Henry Clay Lode 131 feet to a point thence south 660 9' east 418.75 feet along southerly line for alley in Block 4 to a point, said point is on a line 48-1 north 370 48' 15" east 312 feet from corner 48 of aforementioned plat thence from said point on line 48-1 north 37° 48' 15't east 1186.12 feet to a point said point being identical with corner number 1 of tract 40 of said aforementioned plat. Thence south 56° 6' 34" west 400.25 feet to corner number 2 thence north 33° 53' 17" west 160.80 feet to corner number 3 thence south 38° l' 137 50.60 feet to corner number 4 thence north 55° 12' 17" west 154 feet to corner number 5 thence south 34° 47' 43" west 285 feet to corner number 6 thence south 550 12' 17" east 50 feet to corner number 7 thence south 34° 47' 43" 20 feet to corner number 8 thence north 550 12' 17" west 50 feet to corner number 9 thence south 34° 47' 43" west 453.70 feet to corner number 10 place of beginning. Excepting alley in BloCk 4. Discussed - a quit claim deed from the City of Aspen to John Herron to certain land in East Aspen Patent area - and a motion was made by Councilman NeweI1, seconded Quit claim deed by. Councilman Beyer, to authorize the Mayor to execute the quit claim deed to John to J. Herro~ Herron to: All the Silver Queen Lode - 4~46 - without the boundaries of the Henry Clay Lode. All the surface of the Henry Clay Lode as described in the additional an~ amended location certificate recor4ed in BOok 192, Page 324 of the Motion ~ records of Pitkin County, Colorado. and to accept the quit claim deed from John Herron. Motion carried unanimously. Mr. Saaxegard referred to request from Monneville Construction Co. for extension Electric of time on electric rebuild contract. DiScussed - that contract was signed August 12, rebuild contract 1963, and 20 days were allowed to move in and~90 days to complete contract, which would bring date of completion to December 14, 1963, and Saaxegard feels~they will be finished by that date. He said it had been suggested at a meeting with the con- sulting engineers- Merrick and Company- that the letter be pre-dated as a matter of fo~Ta. ~ Mr. Saaxegard then referred to new well, and informed Council that estimated cost to provide power for pump, including pole, transformers and line, etc., will be Power for new approximately $2,252.00. Mr. Wendt suggested calling for bids to see if this is well actually the lowest cost. Discussed - that %his would be an extension of the con- tract already given to Bonneville Construction Co., and that an emer~encg exists requiring i~ediate action. Motion was then made by Councilman Beyer, seconded by Councilman Melville, to approve &h~extension of the contract to Bonneville Con- struction C9., to provide power line, transfor~ners and pole for the well at the powerplant, for an approximate cost of $2,252.00. Motion carried unanimously. Then discussed - that three-phase lines had to be provided for Independence Three-phase Building, the skating rihk and the Aspen Dairy - total contract price on rebuild to installations. date is $188,000.00; - in some cases entrances to houses are not at the proper height for the new installation - thiS~ is to be discussed with Tom Maddalone, Electric Dept. Mr. Humphrey presented two statements - Three sets of reclosures - items not included in electric rebuild Motion contract $1,440.00 to pay Merrick and Company bill to date - checked by himself and the Electric 'Dept. $12,414.96 A motion was made by Councilman Braun, seconded by Councilman Beyer, to s~spend Rule . 19 and to pay the amounts of $1,440.00 and $12,414.96. Carried unanimously. ' New Street Lights - it was suggested that one be metered in order to estimate St. !i~hts rate. Salary a motion was made by Councilman Beyer, seconded by Councilman Newell, Salary to increase the salary of Carrol Whitmire - marshal - to$380.00 a month, effective Whitmire November 1, 1963, as proyided by the Municipal Code. Motion carried unanimously. Long Range Plan P-26; awaiting report fr~m PlaDning Commission. No new ~ Plan P-26 developments to date. Member to Board of Appeals - still pending. Transmission line - hearing in process in Denver with Public Utilities Commission. Power trans- Mr. Stewart is attending but not in representative c~pacity for the City. mission line Escrow agreement with Central Bank and Trust Company on refunding of Waterworks Bonds was read in full by Attorney 57endt. A motion was made by Councilman Beyer, Escrow Agreementi seconded!by Councilman Melville, to authorize execution of the Escrow Agreement with refunding Bonds. Central Bank and Trust Co., subject to clarification as to who is to pay the bank for services. Motion carried unanimously. Ordinance No. 11, Series of 1963 - An Ordinance Adopting the Budget for the Ord. City of Aspen, Colorado,for the Fiscal Year Beginning the First day of January 1964, 1963 and ending the Last day of December 1964, was read for the second tim~ and finally approved upon motion by Councilman Beyer, seconded by Councilman Newell, and carried unanimously. Ordinance No. 12, Series of 196~ - The Annual Appropriation Ordinance - was read Ord. 12 in full for the second time, and finally approved upon motion by Councilman Newell, 1963 seconded by Councilman Beyer, and carried unanimously. Gary McFadden gave a report on Improvement District No. 1. The statement of Corn Constr. Corn Construction Co. is $59,364.13 Notice of final payment is to be published. Co. Amount to be withheld is 15%. Total amount of expenses is to be determined for Resolution and published Impr. Distr. Notices of Assessment on District No. 1. IN°-"l RESOLUTION The following Resolution was read by Mr. Wendt: R E S O L U T I O N WHEREAS, curb, gutter and street paving improvements in improvement District No. 1, Aspen, Colorado, hav~ been satisfactorily completed and have been accepted by the City of Aspen; and WHEREAS, a statement showing the whole cost of said improvements and a proposed apportionment of the same on the property in said District has been filed RESOLUTION in the office of the City Clerk; and cont'd. WHEREAS, the City Council has considered the benefits accruing to each lot or tract of land in said District by reason of the making of said curb, gutter ; and street paving improvements, and has determined that the apportlonment of the assessments for said improvements,as set forth in the following Notice, is ~ ~. accordance with such benefits~ NOW, THEREFORE, BE IT RESOLVED That the Clerk of this City be, and she is hereby authorized and directed to notify the owners of the p~operty to be assessed for said improvements by advertisement in four consecutive weekly issues of the Aspen Times, a newspaper published and of general circulation in the City of Aspen, that said improvements have been completed and accepted, that the cost thereof has been apportioned according to benefits and that a Hearing on the assessments will be held at the time and place specified in the Notice. In addition a summary of said Notice shall be mailed to all owners of property to be assessed with the costs of said i~provements. The City Clerk shall send such Notices by prepaid mail at or about the time of the first publication of the Notice. BE IT FURTHER RESOLVED That the Published Notice shall be in substantially the following for~a: PUBLIC NOTICE OF THE COMPLETION OF CURB, GUTTER AND STREET PAVING IMPROVEMENTS IN IMPROVEMENT DISTRICT NO. 1, IN THE CITY OF ASPEN, STATE OF COLOR3kDO, OF THE APPORTIONMENT OF THE COST THEREOF AND HEARING THEREON. OFFICE OF THE CITY CLERK OF ASPEN, COLORADO, NOVEMBER 4, 1963. TO ALL PERSONS INTERESTED GENERALLY and to the owners of real estate which is hereinafter described, said real estate comprie~n g the District known as Improvement District. No. 1 in the City of Aspen, Colorado NOTICE IS HEREBY GIVEN: That the improvements in Improvement District No. 1, Aspen Colorado, WhiCh were authorized by Ordinance No. 6, Series of 1963, finally adopted and approved on the 17th day of 3une, 1963, have been completed, that the same have been accepted by the City Engineer and the City Council of said City of Aspen and that the cost thereon has been apportioned against the real f' ' property in said District according to benefits. NOTICEAIS FURTHER GIVEN: 1. That the whole cost of said improvements has been definitely as- certained and is in the amount of $212,661.00, said amount including costs of in- spection, collection, incidentals and interest as allowed by law. 2. Of the whole cost stated in paragraph 1, the City of Aspen will pay $88,588,26, leaving the sum of $124,072.74 to be assessed against the real property in said District for the cost of said improvements. 3. That the share apportioned to and upon each lot and tract, of land within said District and assessable for said Improvements is as follows: A S S E S SME NT S Improvement District~No. 1, Aspen, Colorado NAME AND ADDRESS LEGAL DESCRIPTION AMOUNT OF OF PROPERTY ASSESSMENT 4. That any complaints or objections which may be made in writing by the owners of land within said District to the City Council and filed in the office of the!Clerk of said City up to 5:00 P.M. on the second day of December, 1963, will be heard and determined by the City Council before the passage of an ordinance assessing the cost of said improvements. 5. Complaints or objection to the proposed assessments will be heard by the Gouncll on the 2nd day of December, 1963 at the hour of 7:30 P.M., at the ~ity Hall in said City. WITNESS my hand and official seal this 4th day of November, 1963. (Seal) /s/ DoEoth¥ Hoffmann Cit~' Clerk First Publication: November 8, 1963 Last Publication: November 29, 1963 AND BE IT FURTHER RESOLVED, That said summary of the Notice shall be in substantially the following form: NOTICE TO PROPERTY OWNERS NOTICE IS HEREBY GIVEN, That improvements have been completed, approved and accepted in Improvement District No. 1, Aspen, Colorado, An assessment of $ ~ i has been proposed to be levied on: Resolution (Legal description of property) Distr. No.1 Complaints or objections inwriting should be filed with the City Clerk §efore 5:00 P.M., December 2, 1963. A hearing will be held on the 2nd day of December, 1963, at 7:30 P.M. at the City Hall. BY ORDER of the City Council this 4th day of November, 1963. /s/ Dorothy Hoffmann City Clerk RESOLUTION ADOPTED AND APPROVED This 4th day of November, 1963, upon motion Motion on by Councilman Beyer, seconded by Councilman Braun, and carried unanimously. Resolution A motion was made by Councilman Beyer, seconded by Councilman Braun, to execute Beck ~ Bishop the renewed lease with Beck and Bishop. Motion carried unanimously. Lease- Mr. Humphrey gave report of statement to owners of the Smuggler Trailer Court: Smuggler 2 Meters - 2 regulators - tap fee- labor $1371.73 Frailer Ct. This is to be negotiated with owners. A motion was made by Councilman Beyer, seconded by Councilman Melville - to pay Clerks and $20.00 each to Clerks and Judges of the Election, ~ith additional $2.50 each to 3udges pay. four judges for delivery of ballot boxes, and $10.00 to.sight and Sound for use of store. Motion carried unanimously. Mr. Humphrey referred to initial payment under proposed agreement with Benedict Land and Cattle Company - $2,500 can be paid before the end of 1963, and the balance Agreement before the end of 1964. He also mentioned tap fee of $700.00. A motion was made Benedict Land by Councilman Melville, seconded by Councilman Beyer, to authorize the execution of and Cattle Co. the agreement with the Benedict La~d and Cattle Company - with correction in Para- graph 2, section c - "installments of $~00.00"instead of "installments of $4000.00". Motion carried unanimously. Discussed - cost to remove fire plug - and Council agrees that the bill in the Bill for amount of $251.06 is to be sent to the Aspen Company. fireplug Mr. Humphrey reported: Aspen Inn has put in 2" line from Monarch St. and will install a meter. Well has been drilled to 43 feet and they have struck water. Well. Feasibility report - water use and rights - still pending. Swimming pool ordinance - pending. Mayor Garfish referred to the hut at the dump that had been burned down, also to Hut - hut used on the public skating rink, and said those interested in the latter hut public skating are willing that it be moved to the dump if there will not be a public skating rink. rink. Mr. Humphrey referred to bill from B and B Tree Service for removal and~trimming B and B Tr~e of two trees on City property (Miss Fischer~s house) and a motion was made by Serv. bill Councilman Beyer, seconded by Councilman Melville, to suspend Rule 19 and allow this amount - $36.00. Motion carried unanimously. Power poles - letter from Mountain States Tel Co. read by Mayor Garfish. Mr. Humphrey referred to two issues of the Colorado Municipal League in which Scrap adv. sale of scrap at power plant had been advertised. Discussed - use of City equipment on private projects that at times this is the City only equipment available. Insurance - agreement should be let out with "hold harmless Equipment provision - and special rate schedule should be made known. Mr. Humphrey ~ferred to his contract and asked if he should submit~his resig- Contract- nation - Council indicated there would be no change before the end of the year. ~ity Administrat or The meeting was adjourned at 11:05 PM upon motion by Beyer, seconded by Newell and carried.