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HomeMy WebLinkAboutminutes.council.19640106 1964 Aspen, Colorado Regular Meeting Aspen City Council January 6, 1964 The meeting was called to order at 7:30 P.M. by Mayor Garrish with Councilmen Beyer, Braun, Melville and Newell, and City Attorney Stewart present. The minutes of the regular meeting of December 16 and the special meeting of December 23, 1963, were read and approv~d~upon motion by Beyer, seconded by Newell and carried. Mr. Pabst referred to statements in minutes regarding approval of the liquor Liq. Lic. license of Heinz Wolf - he said there is a discrepancy of about $10,000 in Wolf's Wolf. financial statement of assets, and registered an o~ection to implication that the committee for liquor licensing policy had approved a liquor license for Wolf. Dis- cussed. The accounts payable of the City were read and discussed, and a motion was made by Newell, seconded by Beyer; to suspend Rule 19 and to allow the several amounts. Motion carried unanimously. After reviewing the voucher, a motion was made by Councilman Beyer, seconded Motion- by Councilman Newell, to suspend Rule 19 and to allow the amount of $2,590.32 for Hendrie-Bolthoff supplies purchased from Hendrie and Bolthoff for the electric rebuild, Motion carried unanimously. J. Herron- Mr. John Herron was present and referred to the deeds under the East Aspen East Aspen .~atent to all land except that deeded to him in the Henry Clay area under the first Patent. suit. Mr. stewart outlined on plat land claimed by Mr. Buchanan, and said deeds to be considered do not cover any land claimed by the~old-timers. Mr. Herron said Claim- there is no contest involved, and he will act as a witness for the City in any u~ Ruch~nan claim of land by Mr. Buchanan. Mayor Garfish pointed out to Mr. Pabst, Mr. Kuster and Mr. Stapleton (incoming Mayor and Councilmen) land claimed by Buchanan, to which the present Council feels he is not entitled. Mr. Herron said this land had been leased from him, and that Klusmire had built the fences. Mr. Stewart said he would like to take deeds down for conference with Mr. Delaney aS to compromise in second suit with Mr. Herron. Discussed - that Erickson is not involved - area under Bowles and Hewilt over which City has no jurisdiction- Reviewed - plats of Parcel No. A motion was made by Councilman Newell, seconded by Councilman Beyer, to author- ize the Mayor and City Clerk to execute deed to John Herron - which deed and plat John Herron have been placed in the files in the office of the City Clerk. Motion carried with Deed all Councilmen voting" Aye . Eb Tacker said he had filed claim to land in the area claimed by G. E. Duchanan - Eb TaCker acquired by deed from Alex Barailler - Mayor Garfish suggested he get legal advice and refer this to incoming council. Discussed - $2,500 budgeted for 1963 for the long-range planning program - P-26, and a motion was made by Councilman Beyer, seconded by Councilman Braun, to authorize $2,500 payment the payment to the State Planning Commission of the $2,500 for 1963,commitment of Planning funds under the agreement with the State, with the understanding that, in the event these funds are not earned by the planner, they are to be returned to the City. Motion carried with all Councilmen voting "aye". Council agreed to having Verifax copy machine brought in for demonstation~purposes- Oopy Machine cost-about $500.00. New well - not yet tested. Water reports - Mayor-Garfish read copy of letter to Mayor-elect Pabst from the Water reports. State Department of Health, also letter to himself from the Department regarding check- ing for cross connections. Five current water reports a~l reported "safe". A motion was made by Councilman Beyer, seconded by Councilman Newell, to confirm Confirm -motion the motions made at the special meeting of December 23, 1963, re execution of deeds to re deeds. Olivia Dunaway and Martin Mishmash. Motion carried unanimously. A motion was made by Councilman Newell, seconded by Councilman Braun, to confirm Motion- the motion made. at. the special meeting of December 23, 1963, to purchase a sand-spreader spreader -the actual cost being $550.00. Motion-carried unanimously. Thereupon the Clerk announced that Ordinance No. 13, Series of 1963, which was Ordinance No. introduced and read for the first time in full at the regular meeting.of-the Council 13, 1963 held on the 16th day of December, 1963, had, as ordered by the Councl, been published Improvement in full in the Aspen Times, R newspaper of general circulation published in the City District No.1 of Aspen, in its issue of December 20, 1963, and that the publisher's affidavit of said publication is now on file in the office of the City Clerk. Thereupon it was moved by Councilman Braun and seconded by Councilman Newell that said Ordinance be now placed on its second reading and final passage, and that all rules of the Council which might prevent, unless suspended, the final passage and adoption of said Ordinance at this meeting, be and the same are hereby suspended. The question being upon the adoption of said motion and the suspension of the rules, the roll was called with the following result: Those voting AYE: Councilmen Wolf J. Beyer Alfred Braun Ralph Melville Clyde L. Newell Those voting NAY None All ~embe~ of the Council having voted in favor of said motion, the presiding Officer declared said motion carried and the rules suspended. Thereupon said Ordinance was read in full for the secom~t time. Councilman Beyer then moved that said Ordinance be pa~sed and adopted as read. Councilman Melville seconded the motion. The question being upon the passing and adopti6n of said Ordinance, the roll was called with the following result: Those voting AYE: Councilmen: Wolf J. Beyer Alfred Braun Ralph Melville Clyde L. Newell Those voting NAY: NONE The Mayor theneupon declared that, at least a majority of ~11 the Councilmen eleCted having voted in favor thereof, the said motion was carried and the said Ordinance duly passed and adopted. On motion duly adopted, it was ordered that said Ordinance, after approval by the Mayor, be finally published in The Aspen Times, the official newspaper of the City, and be recorded according to 1Aw. Ordinance No 1, Series of 1964 - An Ordinance Providing for the Annexation of Ord.1 Lots 1,2,3,4,5,6,7,8 and 9, in Block 2 Eames Addition~Adjacent to the City and Town- Series of site of Aspen, to be Made a Part of the City of Aspen; Designating Said Land as 1964 a Part of Ward No. 2; and Declaring an Emergency to Exist,- was read in full for the first time by Attorney Stewart and a motion was made by Eouncilman Melville, seconded by Councilman Beyer, to approve and order published. Motion carried with all Council- men voting "Aye". Liq. Lic. Mayor Garfish read letters from Don Elisha of the Aspen Company and Jim Chesley, Wolf opposing the issuance of a liquor license to Heinz Wolf., The Mayor also read letters: from Fred Lane re parking problem due to new skating rink. Christmas Greetings from Bureau of Reclamation Deeds Deeds - A motion was made by Councilman Beyer, seconded by Councilman Newell - to authorize the Mayor and the City Clerk to execute a quit claim deed to Herald Pabst to Block36 7 Lots A, B and the West 26 feet 9 inches of Lot C, Block 36; Lots R,L,M,N,O,P, 37-Pabst Q,R, and S, all in Block 36; Lots A,B,C,D,E, F and the West one-half of Lot G, Block 37, all ~ the City and Towmsite of Aspen. Motion carried unanimously. Mr. Stewart referred to deed from the City to John Herron - which has been Compromise- checked according to plats - and a motion was made by Councilman Braun, seconded by Herron. Councilman Beyer, to authorize the execution of a deed to Mr. Herron, after conference Suit No. with Mr. Delaney, in compromise of the second law suit No. East Aspen Patent- Motion carried unanimously. Deed- East Aspen Patent - discussed - and a motion was made by Councilman Beyer, seconded by Councilm~ Newell, to authorize execution of deed to A Lillian Hays, lice Anderson, Algot Erickson and Wallie Erickson to ~ PARCEL NO. 1: A tract of land situate in the SW~, Section 7, and ~ th& SE~, Section 7, Township 10 South, Range 84 West of the 6th P. Mo, more particularly described as follows: Beginning at Cor- ~ net No. 1, which is coincident with Corner No. 16, East Aspen Ad- :~ ditional Townsite Entry; thence S. 62°41' W. 40.27 feet to Corner ~ No. 2; thence N. 67o2' W. 32.27 feet to Corner No. 3; thence N. ~2°41' W. 312.10 feet to Corner No. 4; thence N. 42035, E. 40.37 feet to Corner No. 5; thence S. 44o55' E. 356.03 feet to Corner No. l, the place of beginning. Containing 0.32 acre more or less. PARCEL NO. 2: A tract of land situate in the S~, Section 7, Town- ship 10 South, Range 84 West of the 6th P. b~.~ more particularly described as follows: Beginning at a point whence the South Corner of Section 7, said Township and Range, bears S. 15045' E. ,. 68~ feet; thence N. 22°42' E. 150~89 feet to Corner No. 1, 'the place of true beginning; thence N. 24°41' E. 61.12 feet to Corner No. 2: thence S. 42041' E. 79.95 feet ~6 'Corner No.. 3: thence S. 30052' E. 65.43 feet to Corner No. 4; thence N. 62'632, W. 127.7 feet to Corner No. 1, the place of beginning. Containing ~ ~,331.5 square feet. Said above ~arcels of land being situate i~ the East Aspen Additional Townsite Entry. Motion carried unanimously. Deed - East Aspen Patent A motion was made by Councilman Braun, seconded · -~'~'~v by Councilm~ Beyer, to authorize execution of deed to John Harmon of A tract of land situate in the S½ of Section 7, Township 10 South, Range z~~ West of the 6th P.M., more particularly described as follows: B~ginning at COrner No. 1, whence the South ~ Corner of Section 7 bears S. 15o~5' E 68~ / feet; thence N. 22°~2 ' E. 150.89 feet to Corner No. 2t thence S. 62°32' E. 12%7 feet to Corner No. 3; t~nce S. 16°5' E. 28.68 feet to Corner No. ~; thence S. 1~o6' W. 147.71 feet to Corner No. 5; t~nce 63°42 W 133.05 feet to Corner No. 6, thence N. 37°32' W 39.75 feet to Corner No. 1, the place of beginning. Containing 24,840 square feet more or less. The motion carried unanimously. Req.fOr deed Mr. Stewart referred to letter from Mr. Petrie re Ed Smith and referred to deed to Ed Smith Anthony Hannon. No application can ~ found (East Aspen Patent). Gary McFadden said additional field work would have to ~ done and the City is not obligated to make survey. Attorney Stewart outlined for the new Councilmen present details of this case as it will have to be carried over. He referred to recorded deed April 15, 1946, Book 170 Page 297 - Anthony Hannon to Edward J.Smith. Snow at service Discussed- snow piled at corner of Galena and Main at Conoco Station,~and station Council feels it is owner's responsibility to have it removed. Claim of Dr. Bernard against the Qity again discussed - Attorney Stewart said Waterline M~. Humphrey had suggested settlement and the court was so advised - to be entered Dr. Bernard as credit on boo~ with no cash payment. After discussion with Dr. Bernard as to ~hy second line had not been indicated to Humphrey or City employees, Council concurred in the opinion that the City is not respomsible since Dr. Bernard had not indicated ,' that there were two waterlines, and the one indicated was not damaged. i . Discussed purchase of transit and this is to be referred to the new Council. The meeting was adjourned at 10:15 PM upon motion by Newell, seconded by Beyer, and carried.