HomeMy WebLinkAboutminutes.council.19670410 __Regular Co__n~p3ed M~eting Aspen City Council April 10, 1967
Meeting reconvened at 3:45 p.m. by Mayor Barnard with Councilman Stapleton, Kuster,
~ McEachern and City Administrator Leon Wurl.
~ Street Improvement District #67-1 - Petitions and Certificates of the Engineer
St. Imp. #67 and City Administrator were submitted to Council.
Petitions
The following Resolution was read in full by Councilman Stapleton:
RESOLUTION
Resolution to
Create District ADOPTING DETAILS AND SPECIFICATION FOR AN IMPROVEMENT DISTRRICT IN
ASPEN, COLORADO, TO BE KNOWNAS STREET IMPROVEMENT DISTRICT NO. 67-1,
~.. AND ORDERING PUBLICATION AND :MAILING OF NOTICE OF HEARING TO THE
OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN SAID DISTRICT.
WHEREAS, the City Council of the City of Aspen, Colorado has received Petitions
subscribed by the owners of a majority of frontage directly abutting on that portion
of each of the streets and avenues as hereinafter set forth, on which it is proposed
to construct and install street paving, curb, gutter and necessary drainage improvements
together with necessary incidentals; 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 substantial compliance
with law; and
WHEREAS, pursuant to Chapter 89, Article 2, Colorado Revised Statutes 1963, 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
WHEREAS, pursuant to orders of the City Council, the Engineer of the City for
the proposed street improvemnt project has prepared and filed plans, specifications,
estimates of cost, maps and schedules for. the proposed improvements;
THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN, COLORADO:
1. That the Engineer's reports, together with the details, specifications,
estimates.of cost', maps: and schedules: prepared and filed wi.th the City C. lerk be and
the same are hereby approved and adopted by this City Council for use in the
construction of the improvements to be made in said improvement district.
2. ~bat the material,s_to be used~in c'onStructing the proposed improvements
are stated in the Notice hereinafter set forth.
3. That the assessments to be levied for said improvements shall be due and
payable within thirty days from and after the final publication of the ordinance
assessing the whole actual cost of said improvements against the real proper~y in said
District; provided, however, that any owner who shall pay his full assessment within
said period o.f thim~y 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 any owner
of real estate shall fail to pay the whole of such assessment agalnst his property
within said thirty days, then the whole cost of said improvements so. assessed
against his property shall be payable in not more than 10 equal annmal~installments
of said princ~ipal,~ith interest on unpaid installmentsat the rate of-6% per annum,
payable annually; the first of said installments of said principal shall be due
and payable at such time as may be determined in and by the assessing ordinance and
the remainder of said ann~al installments of principal and interest shall be due
and payable successively on the same day in each year thereafter until all are paid
in full.
4. That the property to be assessed for said improvements shall be the
property specially benefited 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 district to be known as Street-Improvement
District No. 67-1, providing for the construction, in said District, of the improvements
all asis in this ResDlution~seC fo=th and de~cmibed, and in accordance with the
report, plans, maps, specifications, details and estimates of cost of the Engineer
of said City, herein referred to and now on file in the office of the City Clerk.
6.~ .That the said~pmoposed ordinance be .considered for passage and adoption
by the City Council at 3:30 o'clock P.M., on the 8th day of May , 1967.
7. That Notice of the proposed improvements be given by the City Clerk and
pubiisl~ed~in the~Aspen~Times:,: ~ne~spap~r p~blished.-and of general circulation in
said City, in four consecutive weekly editions, therein giving notice to the owners
of the property to be assessedJof~the matters and things required by law. As soon
after the. time of the first publication as possible, notice shall also be given
by prepaid mail'to all kno~zm.owners- of property to be assessed with the cost of said
improvements.
The: Notice t~ be~pnblished: shalT be in substantially the following form:
................................. ~gular Continued Meeting Aspen City Council April 10, 1967
NOTICE
Resolution to
OF A PROPOSITION TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN ASPEN, Create #67-1
COLORADO, TO BE KNOWN AS STREET IMPROVEMENT DISTRICT NO. 67-1, FOR THE
PURPOSE OF CONSTRUCTING AND INSTALLING STREET PAVING, CURB, GUTTER
AND NECESSARY DRAINAGE IMPROVEMENTS, TOGETHER WITH NECESSARY INCIDENTALS,
ON CERTAIN STREETS AND AVENUES THEREIN, AND OF A PUBLIC HEARING THEREON.
Ail owners of real estate and property ~hereinafte. r described, and all persons
generally, are hereby notified that the City Council of Aspen, Colorado, pursuant to
Petitions subscribed by the owners of a majority of frontage directly abutting on
that portion of the streets and avenues to be improved, as hereinafter set forth, and
in accordance with the laws of the State of Colorado, has adopted full details,
plans and specifications for constructing and installing street paving, curb, gutter
and necessary drainage improvements, together with necessary incidentals, in and for
a proposed special improvement district within the corporate limits of Aspen,
Colorado, to be known as Street Improvement District No. 67-1.
1. Ail persons are further notified that the kind of improvements proposed
and the streets and avenues to be improved are as follows:
Street paving, consisting of two-inch asphaltic concrete, hot laid
over a six-inch thick soil cement base, with a 2 .foot 6 inch wide
concrete curb and gutter on each side of the street, together
with necessary drainage improvements and incidentals, on the
following streets and avenues:
Main Street
From the west side of Garmisch Street (Center Street) west to the eas~ side
of Seventh Street. Bleeker Street
Beginning at the west side of Mill Street extending west to the east side of
Seventh Street. Hallam Street
Beginning at the west side of Seventh Street extending to the west lot line
of Lot O, Block 4. Hopkins Street
Beginning at the west side of Third Street extending to the east side of Fourth
Street,
Seventh Street
Beginning at the south side of Main Street extending to the north side of Hallam
Street.
Sixth Street
Beginning at the sou?th side of Hallam extending to the north side of Main Street
Fourth Street
Beginning at the sou?th side of Hallam Street extending to the sourlY,side of
Hopkins Street. Third Street
Beginning at the south"side of Main Street extending to the south side of
Hyman Street
Second Street
Beginnzng at the south side of Main Street extending to~ the north side of
Hyman Street
First Street
Beginnzng at the south side of Hall~am Street extending to the north side of
Hyman Street
Garmisch Street (Center Street)
Beginnzng at the south side of Hopkins Street extending to the north side of
Cooper Avenue.
West End Street
Beginning at the south side of Cooper Street extending to the north side of
Waters Avenue. Hyman Street
Beginning at the east side of Third Street extending to a point 1t fee~t east
of the west lot line of Lot N, .Block 46.
2. The cost of street paving, curb and gutter improvements shall be assessed
against the property abutting on each of the streets and avenues set forth in Section
1, above, on a front or abutting foot basis. The City of Aspen shall pay for the cost
of all street intersections, necessary drainage improvements and approximately one-
third of the cost of improvements along the sides of corner lots and approximately
ten percent of the front street cost. The balance of the cost of improvements along
the sides of corner lots shall be assessed against said corner lots on an abutting
foot basis. In any case where the property fronting or abutting on said improvements
shall consist of a wedge or "V" shape, the amount to be assessed against the particular
property shall be in proportion to the special benefits derived.
R~o~gi_q~9~ M__ eg~i_~g ............ __~J~.~i_.~¥ Council April 10, 1967
3. The assessments for said improvements may be paid in ten (10) equal annual
to installments.
Create #67- 4. 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, 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%). In case any owner of real property
shall fail to pay the whole of such assessment against his property within said thirty
days, then the whole cost of said improvements so assessed against his property shall
be payable in not more than ten equal annual installments of principal, as aforesaid.
The first of such installments of saidprincipal shall be due and payable 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
thereafter until all are paid in full.
5. The ~rate of interest to be paid on unpaid and deferred installments shall
be 6% per annum, payable annually.
6. As shown by the estimates of the Engineer, the probable total cost of said
improvements'in said. District~will~not exceed $320,000~ .Probable cost for the
construction and installation of street paving, curb and gutter improv.ements shall not
exceed $8.00 per front or abutting foot, and, in addition, the cost of said improvements
along the sides of corner lots shall not exceed $6.00 per ~abutting foot.
Ail estimates exclude 6% for inspection, collection and incidentals and
interest as provided by law.
Property owners are specifically referred to the schedule of estimated proposed
assessments on file in the office of the City Clerk from which the approximate amount
to be assessed agains't any particular lot or parcel of property may be determined.
. 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.
7. Not less than 20 days after the first publication of this Notice, an
ordinance authorizing said improvements will be considered by the City Council, to-wit:
on the 8th day of May, 1967, at the hour of 3:30 o'clock P.M., or at an adjourned
meeting thereafter, at the City Hall in said City.
8. 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 a~the office of the City Clerk at any time during business hours on
or before the date referred to in paragraph 7..
9. Ail 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 10th d~y of April , 1967.
/s/ Lorraine Graves
~ - . ..... City Clerk
SEAL
8. The Notice to be~mailed to the owners of property ~o 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~o~f the City of Aspen, Colorado,
proposes to create Street Improvement District No. 67-1 in said City for the purpose
of constructing and installing street paving, curb, gutter and necessary drainage,
together with necessary incidentals, on certain streets and avenues in-said District,
and to assess the cost thereof.'against 'the real property .to be benefited ~y said
improvements. ~ ~
You are specifically refer=ed to the Notice of Intention to creage said District
to be published in the Aspen Times on April 13~ 20~ 27 & May 4~ 1967, and to the plans,
specification, proceedings,and, a~schedule ~of estimated proposed assessments against
each lot or parcel~of property in said DistCict on~ file in the office of ~he City Clerk
in said City.
A Public Hearing on mid,.proposal will be held by the City Council at the City hall
in the'City of. Aspen, on ~onday~ the 8th day of May, 1967, at the hour of 3:30 o'clock
P.M.
DATED as of the 10th day of April, 1967.
/s/ Lorraine Graves
City Clerk
Regular Continued Meeting Aspen City Council, April 10, 1967
9. Should any part or portion of this Resolution ever be judicially determined ~67-1
to be invalid or unenforceable, such determination shall not affect the remaining
parts and provisions hereof, the intention being that each part or provision of this
Ordinance is severable.
ADOPTED AND APPROVED THIS lOth day of April, 1967.
....... /s/ Robert Barnard
_ Mayor
SEAL ....
ATTEST:
/s/ Lorraine Graves ~ -. - _.
City Clerk
Councilman Kuster made a motion to adopt the foregoing Resolution. Seconded by
Councilman Stapleton. Roll call vote - Councilm'en Kuster aye; McEachern aye;
Stapleton aye.
Councilman Clymer arrived~ _- _ .
Tico's of Aspen Liquor License - Administrator Wurl reported the law suit pertaining Tico's Liquor
to the lease has been continued by the court till May 2nd. License
Councilman Stapleton made s motion the liquor license for Tico's of Aspen be tabled
till the regular Council meeting of May 15th, 1967. Seconded by Councilman McEachern.
Councilman Kuster abstained; remaining Councilmen in favor, motion carried.
Wheeler Opera House Theatre Bar Liquor License - Councilman Stapleton made a motion Wheeler Opera
to issue the license to the Wheeler Opera House Theatre Bar. Seconded by Councilman Bar License
McEachern. Roll call vote - Councilmen Stapleton aye; Kuster abstained; McEachern
aye; Clymer nay. Motion ~carr.ied.
Golf Course Lease - Administrator Wurl reported Mr. Wally Mills has control of the Golf Course
water which he will let the City use at. no ~harge.. City will,have to pay the elec- lease
tricity for pumping the water. The,two buildings at the course are owned by Wally
Mills which the City can rent for $150..00 a month. The equipment is owned by the
Trustees. The City offered 9200.00 t.o buy the ~quipmant. Wuzl reported it looks
like they will accept this.
Administrator Wurl reported the past records indicate_ the course took in approximately
$3000 during the heavy months and approximately $1000 the other months. Operating
costs to the City per month would run about 91200. Lease for the season would cost
$10,500.
Wurl stated he would talk to Yvan Tache as to working out the details of operating
the course.
Councilman Kuster made a mo~tio~ to .authorizeMayor Barnard to sign the lease for
the golf course. Seconded by Councilman Stapleton. Roll call vote - Councilmen
Stapleton aye; Clymer aye; McEachern aye; Kuster aye.
Councilman Stapleton made a motion the Cit~ ~en~r into a lease for the buildings at
the ~olf course for $150.00 a month. Seconded by Councilman Kuster. Roll call vote -
Councilmen Kuster aye; Stapleton aye; McEachern aye; Clymer aye.
Ambulance - Administrator Wurl stated he had scheduled a meeting with the Ambulance Ambulance'
Board for later in the week. Discussed the ambulance board not living up to the
agreement. Wurl stated they have not taken care of the maintenance of the ambulance,
have not made a list of the drivers and have not trained the drivers aM per the
agreement. No operating procedures have been made.
Council agreed they backed Sergeant Joe ~ay'i00% for his decision to not let the
ambulance go to Basalt on an accident cas,ewith a driver from the Police Department.
Councilman McEachern ;made a motion the City give 60 days notice to the Ambulance
Board if items as provided in the. contrac~t tg. be done.by,the Ambulance Board are
not taken care of, the City will terminate the contract. Seconded by Councilman
Stapleton. Ail in favor, motion carried.. ·. : ~,
Councilman Stapletommade a motion to adjourn at 4:40 p.m., seconded dy Councilman
Kuster. Ail in favor, meeting adjourned.
Lorraine Graves, City Clerk