HomeMy WebLinkAboutminutes.council.19670501 Regular Meeting Aspen City Council May 1, 1967
Meeting was called to order at 3:45 p.m. by Mayor ~ro Tem McEachern with Councilmen
Stapleton, Clymer and City Administrator Leon Wurl.
Accoun~spayable were given to Councilman Clymer to check.
There being no corrections to the minutes as mailed, all in favor of approval of same.
ORDINANCE #9, SERIES 1967, AN ORDINANCE AMENDING TITLE XI, CHAPTER 1, OF THE ORDINANCES
Ord.#9 Zoning OF THE CITY OF ASPEN, COLORADO, PERTAINING TO ZONING, TO PROVIDE ZONING FOR THE AREA
S.S. Annexation ANNEXED TO THE CITY OF ASPEN, COLORADO, BY ORDINANCE NO. 4, SERIES OF 1967, AND
DECLARING AN EMERGENCY TO EXIST was read in full for the second time by the City Clerk.
Councilman Stapleton made a motion to adopt 'Ordinance #9, Series 1967 as read in full.
Seconded by Councilman Clymer. Roll call vote - Councilman Stapleton aye; Mayor Pro
Tem McEachern aye; Councilman Clymer aye.
Planning & Zoning Member - Administrator Wurl stated Carl Bergman is interested in
P&Z Member serving on the CoLmL~ission. Letter from Planning and Zoning Recommending Donald Copelin
was~read by Mayor Pro Tem McEachern. Council agreed to table this item till the
regular meeting May 15th.
Councilman Clymer moved to pay the bills, seconded by Councilman Stapleton. Roll call
vote - Councilmen Stapleton aye; Clymer aye; Mayor Pro Tem McEachern aye.
Reid Realty - Rooming House License Renewal - Submitted by the City Clerk and reviewed
Rooming House by Council. Councilman Stapletnn made a motion to approve the rooming house license
Lice.ReidRealty for Reid Realty. Seconded by Councilman Clymer. Roll call vote - Mayor Pro Tem
McEachern aye; Councilmen Clymer aye; Stap!et0n ~aye.
The following bids for the tree program were submitted by Administrator Wurl:
Tree Bids
R. L. Landscaping $102.50
Ulfar Skaeringsson 121.75
Henry Pederson 124.00
Councilman Stapleton made a motion R. L. Landscaping be given the bid for trees.
Seconded ~by 'Councilman Clymer. ~ Roll call 'vote- Councilmen Clymer aye;~ Stapleton aye;
Mayor Pro Tem McEachern aye.
Regular Me,ting Aspe~ City Council May 1, 1967
Orders to be made for trees.t~rough City Administrators office.
Colorado Water Pollution Cont,01 Meeting - Wuri stated ~the ~eeting would be held in Meeting-Water
Grand Junction May 18th, relating to classification of the Roaring ForR River. Wurl ~mx ~-~ -
stated the City should be represented as relates to protecting also Maroon and Castle Grand Junctic ' ~
Creek. ~
Councilman Clymer made a motion that Leon Wurl be instructed to represent the City
of Aspen at the Colorado Water Pollution Control Meeting in Grand Junction May 18th.
Seconded by Councilman Stapletnn. Ail in ~a~0r, m~tion carried.
Discussed signed petition from property owners on Second Street from Ha!lam to Smuggler
for paving, curb and gutter on the same participation by the City as Street Improvment St.Improvement
District #67-1. Also request on First Street for one-half block north of Hallam. 2nd & 1st
Council agreed it would not be practical to do 1/2 block on First Street.
Councilman Stapleton made a motion the City participate in the paving, curb and gutter o3
Second Street from Halla~ to. Sm~ggler. SecQnde.~ by Councilma~ Clyme~. Roll call
vote - Councilman Stapleton aye; Mayor Pro Tem McEachern aye; Councilman Clymer aye.
Cost to the Cit~ on Second ~t~ee~ approx'~zmately.$5600'00'.
Administrator Wurl stated the request for~grant to the ?ederal Government has been Pmrks - Fed.
temporarily turned down for Paepcke Park and Glory Hole Park. On the grant applied Grants
for on Bavaria Park of~$29,~000, $1~,000 has bee~ approved. The City will receive
one-half or $16,000 this year. Pending approval, remaining balance will probably
be received next year.
Wurl request sanction from.Council on a course "Public Relations" to be taken by "Public Relation'
all department heads in City Mall. Course will require 2 hours per week, Administrator Conrse
Wurl as instructor.
Councilman Stapleton made a motion to approve the schooling on Public Relations.
Seconded by Councilman Clymer. Ail in favor, motion carried.
Wurl stated the Mayor and Councilmen are invited to attend. -
Garmisch Street Storm Sewer - Wurl requested authorization to spend $5,530.34 for ;torm Sewer
storm sewer on Garmisch Street.
Councilman Stapleton made a motion $5,530.34 be allocated for installation of Garmisch
Street storm sewer extension. Seconded by Councilman Clymer. Roll call vote - Council-
men Stapleton aye; Clymer aye; Mayor Pro Tem McEachern aye.
House Bill ~1141 - Sales Tax - Bill was passed with the following 4 amendments: 1. Sales Tax
Provision made for a seven per cent maximum including State, County and City Sales
Tax. 2. Collection of the sales tax by the State at no charge to the City. 3.
No sales tax can be passed except by vote of the people. 4. - Use tax provision
was eliminated.
Discussed conforming the Cities Sales Tax Ordinance to the States, if the State collects
the sales tax for the City.
Wurl stated the bill has not been signed by the Governor. Pending the Governors
signature the bill will not be in effect until January 1, 1968. Wurl also stated
on use tax in 1966 the City collected approximately $2600.00.
Restrictive Parking - Wurl reported people who rent apartments in the Bowman Block Parking
do not have a place to park. The owner of the vacant lot across the street has
requested the Police Department pull out all vehicles during the summer. Council agreed
they would rather help find the few people involved a place to park their vehicles
rather than remove the restrictive Parking.
Wurl stated May 8th is Student Government Day. List of the City Officials has been Student Gov.Day
sent to the school. Council agreed to have administrator Wurl work on an agenda
and events for this day.
Cost estimate and map of proposed sidewalk improvment project. ~iscussed - the proposed Sidewalk Imp.
area, City participation on alleys as a precedent and sidewalk at the Wheeler Opera _ ~<
House. Council agreed to table this till the next regular meeting May 15th.
Contmolled Wurl submitted a plan for controlled intersection at Seventh and Hallam for better
Intersecti¢ traffic circulation.
' ~ Councilman ClYmer's'uggest acquiring land from the Villa. and making Hallam a one-way street.
!. ~ Wurl request approval so this can be included in the plans for Street Improvement
District #67-1. Wurl stated after approval by the City, would require approval by the
State.
Councilman Stapleton made a motion that the plans be included in the Street Improvement
District and authorization to go ahead. Motion died for lack of second.
Tabled till meeting of May 15th.
Golf Course Golf Course - Wurl reported the sand traps am~ in, ponds near completion. Yvan Tache,
golf pro, has applied to the County for a liquor license, to be heard by the Commissioners
June 5th. Approximat~Z~evenue received by the City from fees $1100.00.
Water Lines Broken Water Line - Wurl reported on Saturday, the water line on Francis broke causing
Broken damage to 2 houses. Insurance Company will take care of the damages. True cause of
breakage unknown, believed to be caused by water hammer resulting from the closing
of a fire hydrant too fast.
Councilman Stapleton stated the Eagles, Elks and Cemetery Committee request the use of
Cemetery a City truck for clean-up of the cemetery. City and County care of cemetery was
discussed. Council agreed to particpate in'this years clean-up.
The following is a verbatim discussion:
City Att orney Janet Gaylord - Mayor, before the meeting adjourns, I would appreciate an answer to
Status the letter I wrote to Council today. I don't think this situation
of having essentially vacating my office can continue. It appears
that the City requires someone to take care of it. I have been
served with papers today in a law suit against the City. I amsure
the City does not realize it. I am forced not to prosecute in City
Court which is part of my duty. I don't intend to just sit and do
nothing and allow the situation to continue like it is. I have
offered to cooperate with you people and if you will do that, I will
go ahead and do my job. If you are just going to sit here and pretend
I am not here, I will have to do something further to straighten the
thin~ out.
Stapleton - Who is the law suit with?
Janet Gaylord - It is a quiet title action and the Sheriff served me on behalf of the
City, which he should not have done. I will get him to perhaps serve
the City Clerk too, to make it legal. My point is you are just
creating confusion by not taking any action. I have asked you to do
Something.
McEachern - I agree with your position, but we are definitely in no position to do anything further today.
Janet Gaylord Gentlemen, I intend to do something if you don't because I don't intend
to be kept in limbo.
McEachern We are in limbo too, don't forget and~we don't want to be either.
Janet Gaylord - You don't have to be, you put yourself in that position yourselves.
McEachern We are still in no position to do anything today.
Janet Gaytord Everything you have done so far in regard to this is illegal and
think you know that, Mr. McEachern, probably better than the rest of
the Councilmen do.
McEachern - I am one of five, Mrs. GaylOrd, and there are only 3 here today. As I
said, we are in no position to do anything further today. That does
not mean we are standing still.
Janet Gaylord - You passed an ordinance today.
McEachern - That means we are in no position to take action today.
Councilman Stapleton mt~§.10 p.ml made a motion to adjourn this meeting till May 8th,
3:30 p.m., City Council Chambers. Seconded by Councilman Clymer. All in favor, meeting
adjourned.
Adjourned Meeting of May 1, 1967 City Council May 8, 1967
Councilman McEachern made a motion that the zoning of a~area applying for water Correction of
service from=the City of Aspen must have the approval of the City of Aspen Planning and April 17th
Zoning Commission if the area is within three (3) miles of the Aspen City Limits. Minutes
Seconded by Councilman Stapleton. Roll call vote - Councilmen Kuster aye; McEachern aye; ~
Clymer aye; $tapleton aye.
May 8, 1967
Meeting was called to order by Mayor Pro Tem McEachern at 3:40 p.m. with Councilman
Stapleton, Clymer and Administrator Leon Wurl.
Public Hearing - The Public Hearing on Creation of Street Improvement District ~67-1 was
opened by Mayor Pro Tem McEachern.
ORDINANCE # 10, SERIES 1967, AN ORDINANCE CREATING STREET tl~P~OVEMENT DISTRICT NO. 67-1 Drd. #10
IN THE CITY OF ASPEN, COLORADO: ORDERING THE CONSTRUCTION THEREIN OF STREET PAVING, CURB St. Imp.#67-1
AND GUTTER AND NECESSARY DRAINAGE IMPROVEMENTS, TOGETHER WiTH NECESSARY INCIDENTIALS:
PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVEME~fS: MAKING PROVISION
FOR NOTICE TO CONTRACTORS AND FOR NOTICE TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT
BONDS OF SAID CITY: AND DECLARING AN EMERGENCY,~.was read in full by Administrator Wurl.
Mayor Pro Tem McEachern opened the hearing up for discussion. Public Hearing
Judge Shaw - I represent Mrs. Shaw in this matter. I submit hare our
objection to this. At the present time we would like to just
know more about it.
Mayor Pro Tem McEachern - That is the primary purpose of this hearing.
Judge Shaw - But as I understand it this law, before you can raise the bonds
you have to have an election on them.
Mayor Pro Tem McEachern - Not for this.
Judge Shaw - I understand at the next election of the City Council under
Section 89-2-29 has to be by a vote of the people unless their -
is an amendment that I don't know anything about.
Mayor Pro Tem McEachern - Then we have about 78 blocks of illegal streets.
Administrator Wurl - I never heardof that before.
Councilman Stapleton - What Statute is that?
Judge Shaw - Section 89-2-2 Special Improvement Districts. There is a
hearing of objections, which we have; notice of apportionment,
which should be; have to have an issuance of property
specifically benefited; and power of the governing body to
contact debt. I~am reading from Section 89-2-29, 1963 Colorado
Revised Statutes. (Judge Shaw read Section 89-2-29)
Mayor Pro Tem McEachern - The big difference I see there, Judge, is this payement will
not be paid by tax, but by assessment.
Judge Shaw - Yes, I know. 'I think you need some advice on that gentlemen.
Gentlemen, you should put yourselves up to what is going to
happen. In about 30 days you will have an injunction to
restrain you from going ahead and proceeding any further unless
you can come up with some explanation on this thing. Of
course, we are just trying to get this thing thrashed out.
Mayor Pro Tem McEachern - We are not doing the whole thing this afternoon and you can
rest assured that it will be done legally and to your satisfac-
Judge Shaw - That is what we want.
Administrator Wurl - We can ask for a specific opinion from Tallmadge, Tallmadge
Willson and Lamm on this.
Judge Shaw - I think you better have a legal opinion on it. !'
Councilman Stapleton - Bill Lamm is the bonding attorney with Tallmadge and Tallmadge . ~
Judge, and I am sure he knows what' he is talking about.
Judge Shaw - They could be wrong you know.
Adjourned~Me~tin$ of May 1, 1967 Aspen City Council May 8, 1967
Public Hearing Mayor Pro Tem McEachern - Fortunately Sir, we still have time to check that out,
#67-1 which we sure will do.
' ~ Judge Shaw - We resent passage of the ordinance at this time.
Mrs. Shaw Could you tell me if this paving goes to pieces, like a lot
of it does, who has to improve that. Does that become
a bill to the City. I don't think after paying one we should
be called upon to keep it going for 10 or 15 years.
Administrator Wurl - Fora year the contractor is responsible. After that the
City assumes the responsibility.
Mrs. Shaw - Will they say that if you sign for it. That they will assume
responsibility for repair and up keep of the curbs and gutters.
Judge Shaw - We have been hit for $2,000 or $3,000 already.
Mrs. Shaw We would like to be assured.
Councilman Stapleton - The City maintains the streets. The City is maintaining the
dirt streets, as a matter of fact, there were no assessments
made for that. We have made no assessments up town for
improving the pavement that was put in several years ago that
has cracked up, But the City has paid for it. We had to go
back and tear out a wh61e section that had been installed at
one time on Mill Street up here and re-do it again.
Mrs. Shaw - Well with the taxpayer who pays this can he get some kind
of statment that this is all he ha~ to pay to have it kept
in good repair.
Councilman Stapleton - You are onlypaying, as I understand it, one time on one
improvement District. Now if there were another i~provement
district, if .you were assessed for another improvement
dis, trict which would go back and have to repair the streets
~'% again, then this is something else. Your one shot deal on
this or one.payment only, Boes for the installation of those
streets not for mepair and maintenance o£ the street.
Administrator Wurl - I never h~ard where you gave a guarantee that you would not
assess again because in a few years or 20 years.
Judge Shaw - I have a question here whether it is a detrement or improve-
ment to the property to go ahead and have this put in. Does
it increase the value.
Councilman Clymer Sure it does.
Judge Shaw - How Much?
Councilman Clymer - Where are you going to draw the line. I personally would
rather buy a lot with paving, in front than on a dirt road.
Anything you do improves the property value.
Mayor Pro Tem McEachern - Do you have the paving petitions there. (Petitions handed
to Mayor Pro Tem McEachern). What percentage of land owners.
City Clerk - 55.20%
Judge Shaw - May we have a copy of that?
City Clerk - I can make you a .copy.
Mayor Pro Tem McEachern - Before we. g.o on, I would like to read these letters.
Dear Friends, :
I hate to always be the dissenter, especially as I am very anxious to get the streets
paved and get rid of the dust.
I must agree with Dr~ Fox that it is unnecessary to extend curb and gutter etc at this
time.
I remember that Walter Paepcke gave the.rest.of the property on the South side t6 the
City to use as a wild flower garden. I think that the tax payer's money would be
better spent on seeding the area' and watering it, than on paying the City's share
of curb and gutter in a place where no one lives nor ever can live.
596
~0urned Meetin~ of~ 1, 1967. AsPen Citz C~n3i~ MaY 8, !967
Should the North side of the street become improved, I would see the point of ~Public Hearing
improving the road. #67-1
~noth~r point with which I am in opposition~is that I feel that a lower bid could
be obtained for the same quality road. I was told this by a customer who ran into
the same situation in his home town. He said that the property owners insisted
on seeing the bids and that one of them found a company who would supply the
surface materials and send outfits to work with the existing City's crew, thus
reducing the cost to the tax payer and doing a top quality job.
We have such an outstanding crew working in the city and, it seems to me that if
we could use it, plus the extra crews needed to speed up the job with their
equipment, we might come out ahead.
I have a hard time believing that it is not pessible to do the job for less. My
share of the Aspen street is $600.00. If as you published, the city pays one
third and Tom Sardy pays the same as I do, that means that 100 feet of road
cost $1800.00. Surely that is unreasonable. Even $1200.00 is probably too
much, I just feel that everything has not been done to assure the best roads at
the best price and I do not want to agree to any further expense Until I see bids.
I do not want you to ~hink that I do not trust you. I just think that the bids
should be available to the persons who are required to pay. We need the very
best roads we can get, but why pay more than necessary for them?
I am sorry that I will not be in Aspen to come in person.
/s/ Terese David
Dear Therese:
I am opposed to the highway, curb etc improvements proposed for the block of
Hopkins Street'west between 3rd & 4th Sts. You and I are the only property
owners in the block~ There are no improvements on the North side of the street in
our block (from 3rd to 4th St.) and from 4th thru 6th St. there are no improvements
on the South side. I will not be able to attend the public hearing on said
proposal which will'be held by the City COuncil at the city hall at 3:30 p.m.
on May 8th, 1967 If you agree with my view would you please express my
opposition to this extension until improvements are made on the north side of
Hopkins St. in the 3rd to 4th St. block of W. Hopkins St.
/s/ Wayne W. Fox, M.D.
Dear Sir:
I received your notice of intention to create street improvement District 467-1.
Let me now say that I am very.munh in favor of your efforts however, I believe
in "first things first". I have had six lots at the corner of 8th and Hallam
since 1962 and they are in the city limits of Aspen and as yet I do not have
sewer service.
Now you come to me with items such as curbs and gutter, etc., and I ask you
which comes first - health and sanitation or curbs and gutters! I shall desist,
if necessary, any intention by the city of assessment against my property that
are less important and less critical than the health standards to my property.
I would have built long ago had the city provided normal utility service. Let
me remind you again that I am not opposed to your improvement district. But
until you fulfill your obligation to provide city sewer I shall desist your request.
/s/ Richard G. Bock
1 copy to Colorado State Health Department
To the Mayor and Council of the City of Aspen:
We, the undersigned taxpayers and owners of property within the proposed district
which is contemplating paving streets and installing gutters, do hereby object
to the City Council authorizing said pavement and curbings and gutters in said
district, and in support of said motion would show.:
1. That the proposed paving is not needed nor required. ,~"'~
2. That it does not benefit the land adjoining said property and is a detriment '
thereto.
3. That the steps taken by the City Council to impose said improvement taxes have
not been done in accordance with the statutes made and provided for same.
597
~p~KBe~M~gpf..Ma_aj&!, 1967 ~spen.CitM Council. 1~ May ~, 1967
Public Hearing 4. That the action of theCity Council in authorizing such paving and curbs in said
#67-1 di district is arbitrary, capricious, and detrimental to the owners of the adjoining
~ land.
5. That there is not a majority of the frontage owners directly abutting on that
i portion of the streets to be improved which have signed said petitions for
i improvement thereof.
6. That the undersigned are the owners of .the following described property situate
in said proposed improvement area, to wit: Lots A,B,C,D,E,F,G,H,I, - Block 25
City and Townsite of Aspen and have never signed any petitions therefor.
/s/ Dorothy Koch Shaw
/s/ William R. Shaw
Mayor Pro Tem McEachern - Are there any further remonstrances from the floor.
Alfred Braun - I am in favor of having the streets put in but according
to the statements in-the paper on the last streets put in,
there was a short.age of cement in the mix. You should see
that the proper amount of cement is installed. Should be
checked tosee if ~they are up to standard and specification.
In your Specifications, do you have a percentage of cement?
Administrator Wurl - 4%
Alfred Brmnn - According to the paper you did not have that.
City Eng.~Mahnke - ~'~Right, in'spots~
Alfred Braun o It should not be because if they mix it in a mixer, there
:~ ~: '~; ~ ~ shouldn"t~be. ~I would like.to know what is going to happen
to the ditches. At present so far we have ditches, last
fall when the pavement was put in you stopped running any
water. What are you going to do here, what areyour plans?
Administrator Wurl - The only place that we really have utilization of the ditches
~ :~- is out in-the west end. ~We.havesalvaged all the ditches
from 3rd Street west. No, the ditches will not be affected.
We put culverts in last year. ;~ ~ ~
Alfred Braun - I know they put in culverts but they didn't put in any water.
Administrator Wurl - We promise you irrigation ditches.
Mrs. Shaw - Don~t feel any of the streets will hold up.
Councilman Stapleton - In re~ation~to this, ~emember~when Durant Mine water ditch
came out~ and~flood~d down~through the middle of town for
about a month or more and there were cracks in it and it
got down underneath the pavement, we were really worried
because we thought we would have to repair half of the
downtown district. There-isn't any problem wi~h it what so
ever.
Alfred Braun - I think there is a definite~.improvement with the clean
streets, but as long as we get a guarantee that those
i '~hings wi~t~:be~cheeked.
Mayor Pro Tem McEachern - Leon, you or Roger want to say anything about the soil cement
tests.
Administrator Wurl - The l'ast tests we had showed they didn't have sufficient amount
of cement in them. But as I told Council we have held
sufficient ~amo~nt of money on Corn Construction to guarantee
: ~: , .they will:beput in properly. Corn wanted to start work last
week but~because the weather was bad they were not able to.
They will be replaced and done properly.
Mrs. Shaw - Can a person get a statement saying exactly what it is going
to cost:them~ what it will cost to have ~aving done in front
of their property. We do not have any idea what it will cost
~i ~ .'- .~ in front of Koch~:iLnmber Company.
! Administrator Wurl Well you can figure it yoursetf~or we will be happy to do it
for yo~.
598
A~journ~d Meet~n~f May 8, 1967 Aspen CitY Council May__8~ !96_ 7
Mrs. Shaw - Will Main Street be as' wide as the one' in front of the Koch Public Hearing
Lumber Company. #67-1
Administrator Wurl - It will be wider. It will be as wide as it is in front of
the Nugget and Smuggler~
Mrs. Shaw - ~ Is each condominium owner entitled to vote on this.
Administrator Wurl - Yes
Mrs. Shaw - Then they are just as much property owners as everybody else.
Administrator Wurl - Whatever percentage they own. It is all based on the percent-
age of footage in the. zstrzct.~ .In other words, you have to
have 51% of the per front foot involved.
Mrs. Shaw - ~ That is not on individual blocks, that is from one end of
the street to the other end, is that so.
Administrator Wurl - It is the whole district. In this particular district we
had 17,686 lineal feet of property affected in the district,
and we had 9,762 lineal feet sign up.
Mrs. Shaw - That is a very small majority. What is this emergency that
~ ~ exists all the thne. ~
Administrator Wurl - That is a provision in the statutes allowing us to. pass an
ordinance in a hurry. In this case it lowers the dust.
Judge Shaw - You are not going to. pass this ordinance today are you?
Administrator Wurl - This is the first reading today, It will be a second reading
on May 22nd.
Judge Shaw - In the meantime can I have a copy of those petitions there.
As I read it, it is abutting land owners.
Administrator Wurl - Yes ~
Mayor Pro Tem McEachern - Any other remonstrances from the floor.
Fern Spaulding - I just wondered about this letter that asked about the 'sewer.
Are you putting in a sewer line along the street before
you put in the paving.
Administrator Wurl - Unfortunately we do not have anything.to do with the sanitation
district. It is separate from the City.
Fern Spaulding - But it is the City doing it and if you put in the sewer later,
you will have to tear it up and re-do it then who is going to
pay for it.
Administrator Wurl No, the sewers go down the alleys in the biggest part of
incidences. · ·
Fern Spaulding I ams peaking of behind Terese David's and Foxes.
Councilman Stapleton - Is there sewer lines in there? ,
Fern Spaulding - I don't know, I am just asking because if they don't, there
is no sue in putting pavement in there and tearing it up later.
Mayor Pro Tem McEachern - Where there isn't an alley there is still an easement there.
No alley gets completely vacated. If there never was an alley
that is a different thing.
Administrator Wurl - Letters have been sent out to all the utilities people indicat-
~ ~ ing or showing them where weplan street improvements and
asking them for their cooperation in installing whatever they
have to put in before the paving. I think a good example is.
l~astyear the phone company did some work they did not plan
to do until this year. In order to get in before the paving.
We always put our water lines in before paving. We will check
out this sewer problem, b~t normally the utility companies
do it previous to the paving.
599
Adjourned MeetinB of May ~ 1967 Aspen CitY Council May 8, 1967
Public Hearing CoUncilman Stapleton - Is Terese David on the sewer out there.
#67-1
Fern Spaulding - I don!t know. I~would just hate to see her pay for paving,
then sewer, then for fixing the road.
Judge Shaw - Dosen't this paving ~dd a burden to the taxpayer of $100 per front foot.
Administrator Wurl - No, It is $8.00 a front ~ineal foot and $6.00 per lineal foot
on the side.
Judge Shaw - This. is a $300,00Obond issue. What do you call these.
Administrator Wurl - Assessment bonds. This would be an obligation on the property.li
Councilman Clymer - Not on all the taxpayers in town, just the property affected.
Judge Shaw - How many per lineal~feet?
Administrator Wurl - 17,672 lineal feet'.
Mrs. Shaw - On these sidewalks you put in, do you have to pay that in lump
S~.
Administrator Wurl - That is the difference between the law we use here and the
law that pertains to sidewalks.
Councilman Stapleton - This takes in alleys and intersections too. Not only just
lineal ~=~p~rty feet but also intersections and alley right-
· of,ways that go across the s. treet which the City will pay for.
Councilman Clymer - The City is paying approximately $95,000.
Judge Shaw - Of course. I am figuring 17,000 lineal feet.
Administrator Wurl - This is only the land that could be per,tinned.
Mayor Pro Tem McEachern -Any other questions or remonstrances.
Councilman Stapleton made a motion that Ordinance #10, Series 1967 for Creation of
Street Improvement Distric% #67~-1 be passed on firs·t ~eading. Seconded by, Councilmmn
Ord. #10 Clymer.
Motion #67-1
Council instructed Administrator Wurl to handle the following:
1. Send letter to our bonding attorney, Mr. Lamm in Denver, requesting clmriflcation
Admin. Instructi ms of the points raised by Judge Shaw.
2. Send letter to Terese David outlining the bid procedure followed for contractors
and as to the sanitation facilities on West Hopkins between 3rd and 4th Street.
Copy to Fern Spaulding.
3. Letter to Mr. Bock advising him the sewer district has no connection with the City.
And also check to see if he is within the snnitation district. If he is
he certainly has the fight to hook up before~the~paving is done.
4. , Send a map outlying the district to Mrs~ Shaw~with special ma~=king of'her property at 5th and Main.
5. Send letter to Mrs. Fox explaining that the idea of the district is to connect
all the streets so that is the reason for paving that one bloc~ so .that 3rd and
Hopkins are tied in.
Roll call vote - Councilmen Stapleton aye; Clymer aye; Mayor Pro Tem McEachern aye.
Mayor Pro Tem McEachern declared the public hearing closed.
Underground Parking - Recommendation from Planning and Zoning not complete. Administrator Wurl
Parking stated he would apply for an additional extension.from HUD.
Appt.R~ert Councilman Stapleton made a motion to appoint Robert Montgomery to defend the City in
Montgomery the up coming law suit with the City Attorney. Seconded by Councilman Clymer.
:City Attorney . ~
Suit Janet Gaylord oI think Council~should be informed~that~this is public funds and to use
this to defend public officers is outside your scope of authority. It is illegal and
it is also illegal to use public funds to defend officers who have been subpoenaed in
their individUal capacity.
600
~d~ourn~d Meeting_of May 1, 1967 ASpen City. Council May 8, 1967
Swimming Pool Discussed volly ball court and. trampolz e on the'vacant lot east side Swimming Pool
of the pool. Council instructed Administrator Wurl to check into the problems of a
trampoline as relates to accidents, insurance~ liability, after hours of on duty
attendant etc. Used trampoline~available for $200;~New trampoline $300 or $350.00.
The following is a discussion relating to the City Attorney: . City Attorney
Problem
Wm. Dunaway - As a taxpayer I object personally to the aldermen using public
funds for a suit of~ this nature. I think you are really
getting into thin water.
Mayor Pro Tem McEachern - This motion had onlyto~do with, hiring an attorney and not with paying him at all.
Attorney Steinberg - The City Council would not have to pass a resolution if the
.... people_were paying for it themselves. ~
Mayor Pro Tem McEachern - Yes, we would have~ to act~ We. are hiring an attorney.
Attorney Steinberg - The City Council need not pass a resolution what they
are attempting to od is an actor the City. The City has
no authority to do t~is,act. ~.
Mayor Pro Tem McEachern - You mean the one we just now did.
Attorney Steinberg - That is right.
Mayor Pro TemMcEacherln -=l*t is very possible~I could agree with. you, however, some
of these things will be determined on Thursday rather than
now. Now I think we are assuming some outcomes now that
might not be so.
Wm. Dunaway - Then why hire an attorney now.
Mayor Pro Tem McEachern - Well we have to de~nd ourselves in some capacity.
Wm. Dunaway - Why don't you hire your own attorney. .~
Administrator Wurl - The City was sued also Bill. Somebody has to defend the Cit
Mayor Pro Tem McEachern - We are not only being sued in our: individual capacity but
also in our official capacity.
Wm. Dunaway - Is someone representing you individually.
Councilman Stapleton - That is a possibility. ~
Wm. Dunaway - I am a taxpayer and I am very interested in this.
Mayor Pro Tem McEachern - You are asking questions.we d_~n':tkno~ the answe~ to and you don't know the answer to, at this ~time, .
Wm. Dunaway - Ail I know is you passed a ResOlution to hire another attorne
Councilman Stapleton - To defend the City. ~
Mayor Pro Tem McEachern - TO defend a sPecific suit in~hich the City is being sued.
Attorney Steinberg - Have you each retained private Counsel then.
Mayor Pro Tem McEachern - No.
Councilman Stapleton - May I ask your name sir?
Attorney Steinberg - Attorney Bernard Steinberg
Administrator Wurl - Why don't you come to court and find that same thing out.
At~rney Steinberg - Sir, can you answer my question.
Administrator Wurl - I don't have to answer 'your questions. . ~
Mayor Pro Tem McEachern - We are not going to rook the City if that is what you are getting at. That is ~hat you intimating.-
'
Adjourned Meeting of May 1, 1967 Aspen City Council May 8, 1967
City Attorney Wm. Dunaway - No, all taxpayers are interested in how the taxpayers money
Problem is spent.
Mayor Pro Tem McEachern - We are well aware of that. I am sure sir, that if in the end
I am personally wrong, I will certainly take care of it.
If the suit does not so let, that is a different thing.
Councilman Stapleton made a motion to adjourn at 4:40 P.m., seconded by Councilman
Clymer. All in favor, meeting adjourned.
Lorraine Graves, City Clerk