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HomeMy WebLinkAboutminutes.council.19680304 Regular Meeting Aspen City Council March 4, 1968 Meeting was called to order by Mayor Robert Barnard at 3:50 p. m. with Councilmen Bergman, John Benninghoff, Clyde Cl?mer, Attorney Scott and Administrator Leon Wurl. The accounts payable were given to Councilman Clymer to check. Councilman Bergman made a motion to approve the minutes of February 19th as mailed. Seconded by Councilman Benninghoff. Ail in favor, motion carried. PUBLIC HEARING - ZONING AMENDMENTS Mayor Barnard - I would, at this time like to convene public hearings on three Zoning-Public of five different topics - vertical zoning, Ordinance #3 - C-lA District, Hearig Ordinance #4 - North Side Annexation Zoning, Ordinance #5 - Building Review, Ordinance #6 and Re-zoning Request, Block 58. The first two, vertical zoning and C-lA District, we will not hold public hearings on for the simple reason nothing came out of the F~iday's Planning and Zoning Hearing. We have no recom- mendation from them, so we will have to wait until they come up with some kind of recommendation. First Public Hearing will be on NORTH SIDE ANNEXATION ZONING A~R I will convene a N.S.A. Zoning public hearing at this time. We will receive any comments from the floor or written comments. Rules of procedure here will be any person who has something to say or material to present may do so and they will have one shot at it. Council would like to hold each person to about S minutes.for their presentation. Hearing is now open to discussion from the floor. The map that was recommended to us from Planning and Zoning is on the wall. C. M. Clark - As far as the low cost housing being on park property, I am against it. This was thawed out in the Planning and Zoning. Are you going to read Planning and Zoning's recommendation? Mayor Barnard - I am not going to read their recommendation, I am simply going to say that this map represents P & Z's recommendation to Council as to what the North Side Annexation zoning should consist of. C. M. Clark - With the exception of the brown. Mayor Barnard - I beg your pardon, that is right, the park'should be green. C. M. Clark - Also would like to discuss this with you. We own 2-1/2 acres down by the river in the purple area and it is now zoned County B-Business. It was the feeling of the P & Z that they w~uld go ahead and put it in C-2. The Master Plan calls for light industrial but conceded that they would review the differential between County B-Business and the new City C-2 for possible changes in the future. I am just bringing this up, because if they do come and say, well due to the fact that we are going against the Master Plan and not establishing alight industrial zone, as I remember, that you would review the differential between the two and then make possible recommendations later on. 740 ' Regular Meeting Aspen City CounCil March 4a 1968 Mayor Barnard Would just like to make it clear, that this map is what the P & North Side Annex. Z felt the zoning should be as their recommendation to Council. Now if Council wishes ~0 change that, just feel free to do so cause that is your job. Zoning C. M. Clark With the exception of the green. Mayor Barnard Well we agree that the map is changed to that extent. The area marked for multiple family dwelling is recommended by Planning and Zoning to be green for park. C. M. Clark Would like to add one statement, that this is what happened at previous P g Z meeting. They allowed us all to make a statement and someone on the Board would come back with a rebuttal and right or wrong we could not rebut that rebuttal. I don't think that that is democratic process. If someone makes a statement, I feel that I should be able to stand up and say well your statement is wrong and here are the reasons why. Mayor Barnard - No, we aren't going to do it that way today. Council will make'~. its decision after the public hearing. C. M. Clark I object to that as democratic process. Mayor Bar~ard - Will make that a par~ of the record. Any further remarks. Bill Dunaway - The black is' the existing County zoning? Admin. Wurl Right, the black border is the County border line of the different zones. Black letters and numerals indicate their type of zoning. The colors are the new zoning by the City. Mayor Barnard This zoning pretty much conforms to what existed in County zonlng~ with a few minor changes. Bill Dunaway Isn't it incorrect to have a C-lA on the map since there isn't any C-lA at all. ¥o~ don't have a C-lA in the law. Mayor Barnard This is Jerry Brown's recommendation. Admin. Wurl What you would have to do actually, is to adopt that and by ordinance adopt something that would define C-lA. Each Councilman and Mayor have a copy of the recommendations from Planning and Zoning. Mayor Barnard This is from the Planning and Zoning meeting public hearing held March 1st on North Side Annexation zoning. There were two points questioned on this, #1 - is Neal Avenue Park, which Mr~ Clark brought up is brown on the map and #2 the C-2 District as relates to light industrial. A motion was made by Mr. Heneghan that the Planning and Zoning recommend to Council the zoning as proposed by Jerry Brown with the exception that the brown, area on Neal Avenue be re-colored as a park. Seconded by Mr. Whitaker. Vote was Heneghan aye; Whi~aker aye; Hartmeister aye; Barnard nay; Tharp aye; Wurl aye. So that is what I bring to you from P & Z on their public hearing. Bill Dunaway - The point'ls you are not going to have the public hearing on C-lA District and yet you have.C-iA on the map. Mayor Barnard You were not listening when I said earlier that the two things which we are holding up until P ~ Z comes to us wi%h a recommendation is vertical~ zonmng and the other is C-lA. Bill Dunaway - Then you cannot do as they said because they did not mention C-lA which is on the map here. Mayor Barnard - Attorney Scott what would be our situation on that? Attorney Scott I think that Council would have to make some sort of admendment on record so that the map could be changed around. You are not talking about ~oning C-lA yet, ~ou are talking about zoning everything but C-lA apparently. Mayor Barnard -~How would you cover it for the time being? Attorney Scott - When the Planning and Zoning considered that part of the annex- ed area they did not come up with any recommendations on it. Council's pcsition would be that until they do, they will not legislate, zoning for that particular part of the annexed area. I think the law is that if it isn't refzoned by the City after annexmtion, ~t stays the same as it was, I am not positive. I think that you cover yourselves by making a verbal amendment to the map and making sure that when you get a map that is supposedly attached to the zoning ordinance it correctly reflects what you are trying to zone in the North Side Annexation. That would include changing that brown area too. It is the same problem as I see it. Tom Benton I would check out very carefully, because I think that their is a certain time period involved when at the end of a certain period there is no zoning there. Mayor Barnard - What would be wrong with zoning tkat C-1 now, pending whatever P ~ Z recommends to us. If they recommena to convert a certain portion to C-lA 2hen we can do so. North Side Anne~ Attorney Scott You could do that. I don't think that you have to wait for a Zoning recommendation. [ Councilman Benninghoff - What is it zoned under the County. Admin. Wurl AR - tourist. But it is adjacent to C-1. On the Master Plan it calls for a continuation of C-1. Councilman Benninghoff- Don't know why we can't leave it status quo as it has been, in other words, it looks like we are going t~rough 2 or 3 steps. Leave it as AR as it was. Admin. Wurl You are going to have to change mt no matter what you do. My only point is if it calls for C-1 in the Master Plan then that would be the logical way to go. Councilman Benninghoff We are going to do something abeut it eventually but I think we should take a step at a time. I think we have public opinion aroused and when we have this public hearing on this C-lA again, I think we can start from scratch from the way it was and not be told that it already is partially commercial and we are just going to revise it. Mayor Barnard - One thing about it, your boundary line for business in town extends down to Original Street. You will be taking a small portion and making it tourist. Admin. Wurl Actually the most highly disputed area ms already C-1. The area that is already in the~ City is Mayor Barnard - I can see the advantage of putting ~t into C-1 and that is this, that if you decide to change it you are going to have to draw your boundaries ar6und another piece that is AR and make it into C-l, I imagine? Admin. Wurl Right, You will have two problems there. If you leave it as it is, then you nave to come up with an ordinance recommending that change and go througk the whole thing that you are going through now, recommending what you want to change that to. Whereas, if you zone it all C~I as of now, incl~ude it in the ordi- nance, then re-hear C-lA or whatever you are going to do as applied to whatever part of that that you want to apply. Councilman Benninghoff - Then do you have an ordinance enabling togo from C-1 to C-lA then. Admin. Wurl Right~ but we have not received a recommendation from P Mayor Barnard - Are there any further comments from the flooT. (no Comments) Then I will close the public hearing and open discussion to Council so th~at they can arrive at whatever d~cision they want to make here; Is the ordinance re~dy? Admin. Wurl - City Clerk has it. Any change that you are gomng to make, if it differs from what the P & Z recommended, then you will have to spell that out. Councilman Benninghoff May I make an observation at this time. I don't thinR that the people who have replied from the floor have h~d sufficient opportunity to express all their ideas. I do not feel it is a democratic way of handling it. I think they should be given an opportunity after hearing other expressions or statements to make a statement. Do not see an)- harm in a reasonable amount of questions and answers. Mayor Barnard - John you weren't here Friday night, tf you.were, you would unaerstand my reasons for this procedure. I intend to adhere tO it. I respect your opinion but I think that I am a better judge than you are. Most of the people WhO are here today were there on Friday and we know how they feel. It is a matter of record. ] don't ~hiRk anyb6dy is being deprived of his constitutional rights here. But I think it is up to you Gentlemen to make a decision because P & Z has made a recommendation. Councilman Benninghoff The hearing was held Friday night~ I am not a member of the P & Z and unfortunately I was out of town. The amount of information gathered here today ~s very little to make a recommendation on my part. I am ill advised because I don't know what I am talking about, speaking about or voting about. Mayor Barnard What is it you don~t 'understand, Councilman Benninghoff I want to know if from these people, I heard several different questions brought up concerning certain portions of this. Mayor Barnard If you would like to direct some ~uestions to someone in the room, feel free to do so. Councilman Benninghoff Since I know so little about it, I hate to appear as stupid as I am and not ask intelligent questions° These people who are qualified and have made a study and taken energy informing themselves on this, I think they should be offered more than just one mere statement or question from the floor. C. M. Clark Mr. Benninghoff, as I understand it this is Councilmanic form of government. If the Council votes not to have any further questions from the floor, I will be more than happy to abide by it. Is this the Mayor's decision to make or the Council's? Mayor Barnard I am running this meeting. If Council wants to make a motion and North Side Anex. direct me to reconvene the hearing, then they are entitled to do so. But Mr. Zoning Clark you are not going to make a mockery out of this meeting like you did on Friday. Mr. Clark, sit down or I will call you out of order. Councilman Benninghoff - I can see that there was an exchange of tempers all right but this is a matter that is a concern to many people and I would like to hear more questions. Since there are only 3 or ~ spokesmen for the group I think they ~hould be allowed a little more latitude. I would like to make a motion to the effect that the people who are here in the audience today be allowed a little more latftude rather than just one simple question or statement. Mayor Barnard You will have to define latitude or we won't know what you mean. Councilman Benninghoff 'I am not a lawyer. I think that you can stop any think that gets out of control. Mayor Barnard I want to know just what you want me to do. Attorney Scott Why dontt you just follow some of the basic rules that you have in court. The Chairman who is the judge of the hearing lays down the rule, cutting someone off if he gets out of order. If he gets redundant or argumentive or any- think in that category. I think Mr. Clark or someone else who has something to add to a reasonable degree of adding something new or making remarks on new observations that have been made, this is the way a court hearing is run and I think the practice and procedure in Colorado and elsewhere with respect to public hearings is to try as much as possible to equate the public hearing to a court proceeding. Obviously you can't do that perfectly, nobody is trained as a judge. That-is my observation. Mayor Barnard Would you like your motion to encompass that? Councilman Benninghoff Yes I would. That is my motion. Mayor Barnard Maybe I can rephrase that motion for you. Mr. Benninghoff made a motion that the public hearing be reconvened, that it proceed as a quasi-legal proceeding and which people present evidence, statemsnts are allowed to be rebutted and the Chair may cut off discussion if it becomes redundant, argumentative or quar- relsome or immaterial. Seconded by Councilman Bergman. Roll call vote Councilmen Clymer aye; Benninghoff aye; Bergman aye. Mayor Barnard Hearing is reconvened. You have all heard the ground rules here and try and attempt to abide by them. Bill Dunaway I would like to recommend that the area colored C-IA be zoned C-1 to prevent confusion and avoid the risk of no zoning at all and because all the area around it is either C-1 or C~2. It would seem to me a mistake to leave that as it is in the County. Councilman Kuster arrived. C. M. Clark - I would like to hack up to Bill's statement there, it does square up the C-1 Commercial District in the downtown area. Then at such time that Council wants to change from C-1 to C-iA or whatever, they can take action on that as a specific area, rather than a 2 shaped area as we have at present. The C-2 was resolved very nicely Mr. Mayor at the P & Z. The Master Plan calls for light industrial for 6 acres down there. Your feeling was because you did not have a light industrial zoning that you could make the C-2 fit the present County zoning B-Business. With that in mind, I have no further objection. Admin. Wurl We covered that in Planning and Zoning Item $ under C-2 was of a light industrial nature and would allow him to use the land for assembling of com- ponent building parts and so forth. Tom Benton I think the attempt of the Planning and Zoning Commission was to make a zone that was compatible but to follow the lines of the Master Plan. The Plan did envision some light industrial uses there. C. M. Clark Well if anyone on the Council feels that there is some.thing to what Tom j~st said, at Friday nights meeting I made the statement that going against the Master Plan by disallowing the light industrial area is a very dangerous position to put yourselves in. In the future you can say, well we are going to follow the Master Plan, we always have. Well this is definitely not following it. The Master Plan is very specific in their 6 acres of light industrial area. Now I also made the comment that the City under Title XI saw to it that I became a non-conforming use in our presmnt C-1 location. It's fine as I explained to them, we were more than happy. As soon as we had the money to build our new warehouse facilities on our 2-1/2 acres, to do so. Because I don't feel our operation is the type of operation you want in the central business district. To attack me there and throw me out of uptown, and I bought this land prior to this go around, I felt the least the City could do is adopt what the Master Plan calls for which is light industrial. Tom Benton I don't quite think that your operation is prohibited down there. The operation you have got now. I think that possibly a concrete batch plant might be ,~...~,, prohibited. I would like to point out that Title MI is really part of the Master Plan and that is what spells out, not the Master Plan. That spells out exactly what uses the var~mus designated areas in the Master Planare. I don't think your use is prohibited down there, although I can see why possibly a concrete batch plant would be. Mayor Barnard Any further comments. (No further comments) Discussion is confined North Side Annex. to Council. Zoning Mayor Barnard I would like to say something about that Neal Avenue area there. Kuster and I are both familiar with it because we were both primarily responsible for the City actually owning mt today. An expensive law suit resulted in the City getting it from Mr. Buchanan and this is the thing which is particularly interesting to me because for a couple of reasons. One, because I think that parks have been made a sacred cow in this particular situation. We are ~told that the Neal Avenue land is a beautiful park and you can stroll along the river and its really a wonderful thing and this simply is not true. It isn't a park by any stretch of the imagination. My feeling ms and I nave had the feeling for a couple of years, that low cost housing isn't available now in quanitities that are needed. It hasn't been made available in the last two years, in spite of the fact that several people have objected two years ago when they indicated th.eM were going to build it. It hasn't happened. So now we have a piece of land that could be offered by the City on terms where low cost housing could be built. I question these people on their idea of a park. I question John Doremus, for one, the great man for parks and how we must preserve them all. I would like to show Council something which I dug out of the files to prove that perhaps the speech about preserving parks and the reasons for setting them up aren't as they might ~eem to be. This is a plat filed in 1965 called the Stillwat~r Phase I plan. It shows 15 acres of land with 17 building units on it, 136 units in this entire project which looks very much to me like a condominium. This project butts up against Ute Avenue Park. This was a park which we dedicated and this plan for development was presented by this same Pitkin County Park Associa- tion. When they brought the plan around, the plan showed a lot of developments that I wondered about at the time. They were for small little children, slides and things to walk through for little children. And I wondered at the time why that was-.being proposed for an area where there was a steep bank along the river. It would have to be fenced so the kiddies wouldn't fall in the river. Now 2 and 2 begin to add up to 4 to me and I see where we were duped into dedicating a park, spend money and this park will not be for the benefit of all the people in the City at all It will be primarily for the benefit of the people who live in this subdivision. Would also like to remark that when this plat here and you overlay it like this, this shows the BLM land that the City is trying to acquire right here. It also indicate~sthat the developers of this project didn't think enough of parks or potential parks to let their development spill over onto the land to #1 he did not own and #2 that we were going to acquire for a park. So with those remarks I recommend to you Gentlemen, that you zone this piece of brown area just the way it is shown multiple family dwellings so that we can offer it to some builder for low cost housing. I hope that I have made ~y point that parks are not holy cows. The fact is that we can offer a piece of land for development that we need h~re in the City and mot deprive anyone of anything. We dedicated~~ 23 acres of park in the last 2 years. This area would be 2-1/2 acres. Admin. Wurt As relates to this subject, I will give you a report on this right now. On the answers to the letters which we sent out 103 in favor of your continuing your study on low cost housing, 52 against, 41 interested in renting the units, 101 said no renting. Total of 155 out of 258. Mayor Barnard Really feel this is what you should dot if you don't you can see what you are faced wJith. If you try and change this ba~k to zoning which you can use for this purpose your going to find yourself faced with a tremendous amount of difficulty. Councilman Benninghoff - Not sold on this operating low cost housing. Mayor Bernard - This isn't what is being p:~posed here, John. What is being proposed is the land being made available to build and operate. We don't want to go into the business. It would be a long term lease. The decisions that you make here today will affect this community in 5 or 10 years to come. Two biggest p~oblems in San Francisco are joblessness and low cost housing. Probably this problem started years and years ago. Nobody had enough gumption to face the fact that the problem was going to develop an~ they needed this housing. And I think, you might say that we are premature about this, ] don't think so. I think what we are seeing down the valley right today is nothing but the direct result of failing to provide housing for these people that should or want to live in town. So they go down the highway and move into a trailer so the result of that situation is the highway is being littered with trailers from Gerbaz' house to_Basalt and below. Its not only their problem, it is our problem. We can't confine our interest just to the City limits we have to look at the bit picture here. Councilman Kuster My feeling is exactly what you said, they have cluttered up the valley with trailers. Mayor Bernard I think that the County is remiss in not having zoned all the County and I also think it is too late now. Five years ago they could have done it. Councilman Benninghoff What about the mine dumps over back in there, don't you think someone might put in some low cost housing up there. Mayor Bernard All we have heard is a lot of talk about khis, people say they are going to but it doesn't happen. Councilman Clymer - This is not an unusual situation, many towns provide areas which they lease on long term lease for housing, industry or lot of things. Any progres- sive town ~n the State, I believe are leasing on long term lease and although I have been against this proposal for a long time~ I thought the condominiums would take care of it. Councilman Clymer But as I see it, they are for short term rental where they can make North Side Annex 61500 a month and if they can't do that they lock it up and don't rent it at all. So Zoing apparently that is not helping us any and for that one reason I think I am inclined to go along with zoning it multiple family it doesnt mean that we are going to build anything on it. Mayor Barnard If you zone it multiple family, then if you Gentlemen choose to do something, you have got the tools to work With. Councilman Ber~man Would it be rented to doctors, nurses, teachers and those sort of people? Mayor Barnard You could set up any ground rules you want. There is already a portion of that area already green as a park. Councilman Clymer Aren't we planning on having a strip along the river green as a par~ also? Mayor Barnard That could be covered in the covenants. That was Jerry's recommendatio~ to guarantee access to the river. Admin. Wurl Planning and Zoning tried to define that on the map but because of the boundaries there they could not do it. At the time it is put into the covenants, then you would want to dedicate that portion as a park. Councilman Bergman This is sort of like the problem was during the war where I came from. They built all these units and then after the war past, what a mess. It turned into a slum area. Then on the other hand, lets look at some of the colleges for their students, it works out okay. Mayor Barnard - Well, I think what to do is to spell the whole thing out, What kind of construction, what is going to be built, control the design, you men are the bosses, you can say what you want. Councilman Benninghoff Kuster, do you want to put the City in competition. Councilman Kuster - I don~t want to put the City in competition, but I don't want to see the whole valley full of trailers. Councilman Benninghoff 40 or 50 units, do you think that is going to stop the trailers down the valley? Councilman Kuster - We sent out a letter and from the report the people want it. Councilman Benninghoff I got one of Leon's letters. I personally feel the City should not have any business in .private enterprise. Mayor Barnard Private enterprise is not doing the 'job, they are not satisfying the demand. Councilman Kuster - We are just talking about zoning now, not low cost housing. Councilman Benninghoff But once it is zoned for that use, that use will probably be forced there. Councilman .Bergman Lets hear from some people here on how they feel about this low cost housing. Councilman Bergman made a motion that Council reopen the public hearing on North Side low cost housing Annex ation on low cost housing on Neal ~venue land. Seconded by Councilman Benninghoff Roll call vote Councilmen Kuster aye; Clymer aye; Benninghoff aye; Bergman aye. N.S.A. Zoning Mayor Barnard I'll convene the public hearing for the semo~[time to consider only the land on Neal Avenue as relates to changing the zoning from Planning and Zoning'$ recommendation of green park to Multiple Family Dwelling. Earl Schennum You refer to trailers taking over the low cost housing. Denver probably has more vacant low cost housing than any City of any size in the Country. It probably also has more trailers than any City of any size in the Countyr. Is there a need for low cost housing. Don't you believe in supply and demand. I don't believe in those letters because anytime you give something free or a deal they will go for it. I will build any number of units that I feel I can get tenants for. What is your idea of low cost housing. Mayor Barnard My idea is utility apartments for about $75.00, 2 bedrooms or 2 rooms fo $110.00 and maybe a little larger than that $125.00. Would top out at $150.00 Earl Schennum I built 5 more units this fall, put an ad in the paper and got one reply. The only reason~the people took it and not because they had furniture was because they could ge5 it for 15,00 a month cheaper. There are not enough people for 12 month housing in this town. If there were, some of us people who are building apartments would build them. Mayor Barnard I disagree with you. The reason we cannot build additional units on the land across from us ~s because the unit land cost is too high. Making this land available is the key to making this low cost housing. North Side Annex. Earl Schennum - No one will do it unless they can make money. I do not think there Zoning is a need based on my units. Why not think about this.when there is not the large demand. Mayor B'arnard - The t~rn has to build for capacity not for low points of the year. I believe that when private enterprise does not fill the need then we have to look around and see maybe where we can help. This is why you don't own the water and electric system and run those buses back and forth to Denver every day. Councilman Bergman Lets get down to the subject of maybe policemen, nurses and school teachers for instance what do you people think about that. Earl Schennum - Most people have a family and don~t want to live in an apartment they want a house. , Ramon Drehobl Most of our policemen live in trailsrs because they can't find a place to live. Tom Benton A couple of years ago~ I was a member of a study group on low cost housing and we sent out an awful lot of questionnaires. We got a lot back and I still have the results. There was no question among a certain group in this town that there was a need for moderate priced housing. Mr. Huebinger Does the developer who takes this, does he have to pay taxes on the land. Admin. Wurl Would pay taxes on the improvements, not the land. Mayor Barnard Everybody who is interested in this project and it comes to pass, will have an opportunity on equal footing to make a bid on the project. Councilman Bergman - How would you feel about the three people or categories that I mentioned Mr. Huebinger. Mr. Huebinger - Fine, I am all for it. But I don't want to support some public housing that would be in direct competition. Councilman Benninghoff - Supposing you had 1/2 your units rented out to the~kind of people Carl is talking about. What would you do with the other half. Huebinger I think that there are enough couples to keep them rented on a 12 month basis. Last year we ran 92% occupied. C.M. Clark I think that we have by-passed a lot of the arguments that were at the p ~ Z meeting. The people who were at the P ~ Z meeting fe~t, because there was a vote of 5 to 1 against this. Obviously the Mayor does not agree with protecting one.°urpark system or green area. Wants to take. over Wagner Park and do away with this Councilman Benninghoff I can assure you that the Mayor does not take that position. Confine your remarks to the matter at hand. C. M. Clark - There is a project under discussmon for Wagner Park. The P ~ Z votes 5 to 1 of doing away with this park. To me parks are scared cows, the City and County do not get a shot at them very often but when they do they should be protected and kept free. This is one area where the people at the P & 2 testified that you can gain access to the creek and this is one area that the City can really do.something with. Make a picnic area and access to the river. Snowmass built 20 units of low cost housing and they realize there is a problem and they are going to take care of it. I have worked on this for the last 2 months, on low cost housing~ 42 units. Realize there is a problem and feel that-private enterprise will take care of it and as the demand arises it will be taken care of. Certain plans are underway to alleviate the problem. I am opposed to the City competing and doing away with parks. The law of supply and demand will be met. Cities have a wonder- ful way of getting into somethIng and not knowing how to handle it. I beg of you people not to pass this until you have talked to the Park Association and those people who showed an interest Friday night. Mayor Barnard - Will you sum this up now. C. M. Clark I will sum this up by saying that you people are railroading this through and you should hear from the people who are against it. here. These people, are not Mayor Barnard - We hereby terminate the hearing on low cost housing now. Bill Dunaway I don't want to comment on using the park as such but low cost housing~ the reason some insistance is because private enterprise will always take the most profit and they make more profit by renting by the month, week or day. That ms why it is difficult for long term people to find houses because a lot of pecple will very happily rent during the off season on a lease basis but then when the season comes then they want to make more money and they change it. And that is why sooner or later you need low cost housing. Councilman Kuster Now Clark said something about parks. I think s~nce we have been in office I count about 3 or 4 parks that we have dedicated for the City. So ;ou can't say that we are definitely against parks. So this thing down here right now is not even a park. It is a deposit for snow, it is a disgrace, it couldn't be any worse. We have sent letters out and you are against it you should have sent a letter in, , Councilman Kuster I did not answer my letter and the reason for it is because I didn't North Side Annex want to have any partial feelings about it. But I know that we need low cost housing Zoning in this town, and this we started two years ago. Two years ago everybody said they were going to build some and none have been built yet. I therefore, want to make a motion that we zone this piece of property we have over hefe on the brown area for Multiple Family Dwellings. Seconded by Councilman Clymer. Roll call vote Councilmen Kuster aye; Bergman aye; Benninghoff nay; Clymer aye. Motion carried. -- Councilman Clymer made a motion to zone the striped red as C-1 or solid red. Seconded by Councilman Kuster. Roll-call vote Councilmen Benninghoff aye; Bergman aye; Kuster aye; Clymer aye. ORDINANCE #5, SERIES 1968, AN ORDINANCE AMENDING TITLE XI, CHAPTER 1, OF %HE ORDINANCES Ord.#5, Series196~ OF THE CITY OF ASPEN, COLORADO, PERTAINING TO ZONING, TO PROVIDE ZONING FOR THE AREA ANNEXED TO THE CITY OF ASPEN, COLORADO, BY ORDINANCE NO. 30, SERIES OF 1967, AND DE- Zoning N.S.A. CLARING AN EMERGENCY TO EXIST was read in full for the first time by the City Cler~ Councilman Clymer made a motion to approve Ordinance #5, Series 1968 on first reading and order the same published. SEconded by Councilman Benninghoff. Roll call vote Councilmen Clymer aye; Kuster aye; Bergman aye; Benninghoff aye. Mayor Bernard I'll convene a public hearing on BUILDING REVIEW Ordinance #6 which ms to take the function and turn it over to the building inspector and this is what Elimination of was recommended by the Planning and Zoning. Oten to discussion from the floor. Bldg. Review Tom Benton I would like to talk against the Council taking the review away from the P ~ Z Commission. The State Statutes sets up a Planning Commission. Once a City sets up a Planning Commission it has a iot of responsibility and of course the first one is the Master Plan. It is the Planning Commission who holds the initial hearings organizes a plan. It is the Planning Commission who is empowered to enact the zoning to ~mplement that Plan. It is the ~lanning Commission who by State Statutes must review all aspects of the Plan for, maybe I can read just a little bit of it here; "The general location, character, extent of streets, viaducts, subways, bridges, waterways, water- fronts, boulevards, parkways, playgrounds, squares, parks, aviation fields and other public ways, grounds and open spaces, the general location and extent of public utilities and terminals, whether publicly or privately ownYd or operated, for water, light, sani- tation, transportation, communication, power and other'purposes; as well as a zonmng plan for the control of the height, area, bulk, l~£ation and use of buildings and pre- mises.'' All of these things are under the jurisdiction of the Planning Commission, although they snly recommend to the Council. Since the Planning Commission is empowered to control all of these things, or at least review all these things, mt seems to remove a power of seeing that these things are abided with and do fit in with the Master Plan, will be hindering the information that Council will get. Will read one more thing, "for - tb~e purpose of promoting health, safety morals or the general welfare of the community, the legislative body of each City and incorporated town ~s hereby empowered to regulate ah~ restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trades, industry, residence or other p~rposes. ' Now the City is empowered to regulate all of these things once a Master Plan ~s adopted and in light of the Master Plan. Feel to divorce this part from the Planning Commission would be very bad because you would be concentrating on less people and I do not feel that that is a good balance of power. Councilman Clymer - I agree with Tom that t~is is right but wOu~R construe that to mean that P ~ Z does have control over what, and what type as you say which is in general. What we are getting or tryin'g to get away from zs the individual review of each and every blue print that comes in here. Do not feel the P ~ Z has to review every blue- print that comes along. If their plans conform to the law and codes and satisfy the building inspector, I see no reason to review it. C. Mo Clark I agree with P ~ Z to do away with it. It is nothing more than a poli~ic~] football, playing power politics with the plans that come in. It is up to the P ~ Z to review these plans strictly on the interpretation of the law. P g Z makes the law it is up to the building inspector to review them, they either fall inside the law or he goes to the City Attorney. City Attorney writes a letter and legally rules for the City on how this law should be interpretated. In the past what has happened because politics have entered into it, you have had absolute turning down of plans without reasoni these things end up in ooumt anyway. City is running up huge Attorney fees. I can assure you that there isn't anybody coming in with a set of plans and take the City to court if they don't think they are going to win. If the City Attorney rules on these, if there zs a question in the Building inspector's mind, he gets an opinion from the City Attorney City Attorney has to end up ffghting it in court so he can look at it from a legal standpoint. P & Z tends to get real emotional about these things, real political about these things. I ask that it be taken out of the political realm and put back in the hands of competen~ people. If you don't feel that your building inspector is competent then replace him. Councilman Kuster You don't think political power could influence one man instead of a whole commission. _ C. M. Clark You can be influenced anywhere. Councilman Kuster - I think it is much easier to influence one person than a whole board. Elimination of C.M. Clark - Bear in mind that when people come in with plans it could he upwards Bldg. Review of 30 days delay, I got delayed 29 days on one particular project. In the summer- time we have a v~ry short building season, the town is well geared to the amount of construction dollar put into this town. With these things being able to be put off 30 days. I don't think it is fair to anyone. Interpretations should follow a pattern. If they donut the law should be changed. ~ know that you are not following the recommendations of the P & Z but you don't have to, they 3ust merely recommend. P g Z felt themselves 4 to 2, that they should do away with their own board. Now this is, I realize a lot of people want to keep that power, but on the other hand when their own board wants to do away with it themselves in this particular area,. I think they are more cognizant of the problem than anyone else. This is what they are recommending. I am sure that there are other cities that have this, and I am sure that it is legal. But I don't know of any other cities or counties that have boards set up for review of the building inspector. Tom Benton Would lik~ to say that if you go back and look over the record you will find discussion of the projects that Clark is referring to, the Planning Commission did a great sera, ice in acting the way they did because they saved some projects which were definitely not in keeping with the Master Plan. There is one case which I don't care to go into too closely which I think it is one case in the courts now where the Planning Commission was absolutely right. If the Planning Commission hadn't reviewed the turned it down, that project would be going tight now. Why it is in court was not the fault of the Planning Commission. Although this is a lot of work, I feel that it is g good safe g. uard. Bill Dunaway I think the P & Z has acted very poorly~in some instances, they have been criticized for it. But I think in the long run it would be much better to have the board reviewing the plans. It is. very difficult for one man, the building inspector to catch all the zoning problems~ In the past very often the building inspector has missed some zoning violations that the P ~ Z has cought. If the commission acts according to the law~ it is rendering g service to the community. Think it is in the best interest of the City to have the P & Z review the plans. C. M. Clark We do pay a plan fee over and abbve the permit for this purposes. Now if there is a man needed to fill this there are also funds available to hire this man. I would go on record as saying they do need a man in this area and to be compensated when ne reviews the plan. It is known as a Planned Review Fee. Councilman Kuster made a motion to table this.and instruct Leon Wurl to writ~ letters to cities and see what they are doin~ to see in. what direction they are going. Second- ed by Councilman Benninghoff. Tom Daly In tw¢ cities in Illinois they got rid of it because the most competent person to do this was the building inspector. Tom Benton Building Inspector looks at some things and the Commission looks at other things. Suggest that the cities which are picked are ones that are trying to preserve and protect their growth because they have something unique just like Aspen. (Council request Mr. Benton give a list of suggested cities to Administrator Wurl) Roll call vote Councilmen Benninghoff aye; Kuster aye; Clymer aye; Bergman aye. Mayor Barnard - I'll convene the public hearing on re-zoning request on Block 58. Block 58 re-zonim Hearing is open and the recommendation from the Planning and Zoning is Heneghan Request made a motion that the re-zoning request for Block2~58 be denied. (Council reviewed plot plan, request and letters) Think P & Z'$ feelings on this matter were that it constituted spot zoning and also would be a traffic hazard since it was directly across the street from the school. Mrs. Franklin do you have anything further to say. Mrs. Franklin I have nothing further to add. There were three letters submitted adverse to it. None of us intend to put business in our area, We ~t to increase the value of the property. Mayor Barnard - any further comments (No comments ) I close the public hearing. Councilman Clymer made a motion Council deny the request for re-zoning of Block 58. Denied Seconded by Councilman Bergman. Roll call vote Councilmen Benninghoff aye; Kuster aye; Bergman aye; Clymer aye, Mr. James Dodge was present and request additional safety measures be taken at the School Crossir ~Sschool crossings. Asked if the State Highway would remove their 30 mph spped limit sign which is right next to the school crossing sign requiring 1S mph. Administrator Wurl reported when a policeman is available they patrol this area quite heavily. Administrator Wurl to check into further enforcement of the situation.. Tom Daly was present and request the City vacate North 1/2'of Dean Street bordering Block Dea~ St. 97 by Durant and Galena. Plans to build a condominium and would like to landscape Req~st vacate 1/2 of the street. Administrator Wurl recommended denial as a general policy to take unless there is a specific need. Feel the people adjacent to the property should voice their opinion. Councilman Benninghoff made a motion to table this so that Council could inspect the tabled site. Seconded by Councilman Clymer. Roll call vote Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. Mayor's Deed to Dorothy C. Tidwelt was submitted to Council. No problems. Councilman Kuster made a motion to authorize the Mayor and City Clerk to sign a May0r~s Deed to Mayor's Deeds Dorothy C. Tidwell. Seconded by Councilman Benningkoff. Roll Call vote Councilmen Tidwell Clymer aye; Kuster aye; Benninghoff aye: Bergman aye. Library Mr. Wurt request authorization to pay the utility bills for the library out of ~ Library the General Fund. Counci$ had previously agreed to this procedure in lieu of a donation. Councilman Clymer made a motion to pay the electric bill for the library out of the General Fund. Seconded by Councilman Bergman. Roll call vote Councilmen Kuster aye; Bergman aye~ Benninghoff aye; Clymer aye. Councilman Clymer made a motion to pay the bills as submitted. Seconded by Councilman Bergman. Roll call vote Councilmen Benninghoff aye; Kuster aye: Clymer aye; Bergman aye. Resolution #S, Series 1968 was read as follows by the City Clerk: R E S O L U T I O N Res. #5 No. Y,-S~rTe~ T9Y8 Trans. Funds WHEREAS, the City Council of the City of Aspen, Colorado, desires to pay certain amounts that are now due from the Improvement District 66-1 Fund, and finds that there ~s not sufficient money available in said fund currently to effect such payments; and WHEREAS, the City Council of the City of Aspen finds that it is in the best interest of the City to make such payments, and desires to transfer the sum of $13,000o00 from the General Fund to the Improve- ment District 66-1 Fund. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk and the City Treasurer are hereby authorized and directed to transfer the sume of $13,000 from the General Fund to the Improvement District 66-1 Fund. 2. A copy of this resolution shall be delivered to the City Clerk and the City Treasurer as the authority to effect such transfer Councilman Clymer made a motion to approve Resolution #5, Series 1968, as read. Seconded by Councilm'~n Bergman. Roll call vote Councilmen Benninghoff aye; Clymer aye; Kuster aye; Bergman aye. Resolution #6, Series 1968 was read as follows by the City Clerk: R E S 0 L U T I 0 N Rol Y,-S~rTeU T9Y8- Res. #6 Trans. Funds WHEREAS, the City Council of the City of Aspen, Colorado desires to pay certain amounts that are now due fr~m the Improvement District 66-1 and finds that there is not sufficient money available in said fund to effect such payments; and WHEREAS, the City Council of the City of Aspen finds that it is in the best interest of the City to make such payments, and desires to transfer the sum of $10,653.59 from the Electric Operating Fund to the Improvement District 66-1 Fund. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk and the City Treasurer are hereby authorized and directed to transfer the sum of $10,653.59 from the Electric Operating Fund to the Improvement District 66-1 Fund. 2. A copy of this resolution shall be delivered to the City Clerk and the City Treasurer as the authority to effect such transfer. Councilman Benninghoff made a motion to approve Resolution #6, Series 1968 as rea~. Seconded by Councilman Bergman. Roll call vote ~ Councilmen Kuster aye; Clymer aye; Bergman aye: Benninghoff aye. Petition for annexation of the West Aspen Company was submitted to Council. Discussed West Aspen Co. this property as relates to the North Side Annexation which has been filed against Annexation in District Court. Attorney Scott reported the City would continue with procedures as if nothing had happened. The basic complaint on the annexation is on the ~onstitu- tionality of the Statutes. Administrator Wurl reported there are no problems as relates to streets and utilities. Res. #7 West Aspen Co. Resolution #7, Series 1968 as follows was read by the City Clerk: Annex. · RESOLUTION ~o~ 7, SerYe~ ~9YB-- WHEREAS, West Aspen Company, A Colorado Corporation, has filed its ~ Petition for annexation of certain property hereinafter described with the Clerk of the City of Aspen on the 4th day of March~ 1968; and WHEREAS, said petitioner is the owner of one hundred percent (100%) of the land proposed to be annexed; and WHEREAS, all of the requirements of the applicable parts of Sections 3 and 4 of the Municipal Annexation Act of 1965 have been met by said Petition; and, WHEREAS, no election is required under said Act; and, WHEREAS, the City Council determineB not to impose additional terms and conditions upon said land proposed to be annexed; ~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the .City of Aspen, Colorado that the City Council shall annex said territory by ordinance. Councilman Bergman made a motion to adopt Resolution #7, Series 1968 as read. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Kuster aye; Bergman aye; Benninghoff aye: Clymer aye. Ord. #8 West ORDINANCE #8, SERIES 1968, AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE Aspen Co.Annex. CITY OF ASPEN, COLORADO, OF THAT CERTAIN TERRITORY OR REAL ESTATE PARTICULARLY DESCRIBED IN THIS ORDINANCE, LYING OUTSIDE OF BUT ADJACENT TO THE CITY OF ASPEN, COLORADO Wa~ ~ad in full for the first time by the City Clerk. Councilman Kuster made a motion to approve Ordinance #8, Series 1968 as read in full and order the same published. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. Attorney Scott reported by the next meeting of the Council an ordinance will be Sales Tax prepared to conform the Cities sales~tax to the State's and also to call for an election. The ordinance would go into effect January 1, 1969. Low Cost Housing Administrator Wurl reported two more people are interested in construction of low cost housing. Request what Council wishes to propose. Council agreed to table this. Conference Center Wurl reported he has had no official report from the County Conference Commissioners on Wagner Park, and on that basis feels the City should forget this Center location. M. C. M. Clark request if Council would be interested on going along with private enterprise for Rubey Park as a site for conference Center. Council indicgted that they would be. Planter Strip - Mr. Wurl reported due to a lack of funds, request Council delete Main St.Planter one block of the planter strip between Aspen and Monarch, leaving from Galena to Strip Monarch. Also reported on the petition which was submitted by Mr. Schennum, total signatures of IS?, 111 were City residents. Eouncilman Bergman made a motion to authorize the City to go ahead with 2 blocks of planter strip and strict enforcement of the parallel parking. Seconded by Council- man Benninghoff. Roll call vote Councilmen Kuster aye; Benninghoff aye; Clymer aye: Bergman aye. Mr. Schennum request if the people in his block would like to put up the money for a planter strip on that block could they do so. Council agreed that they could. Vail Airways Administrator Wurl reported Vail Airways has received temporary per- Vail Airways mission to put Aspen on their schedule of flights to and from Denver. Dump Maintenance -Mr. Wurl reported Mr. Sherbondy would like to contract with the City and County as Mr. Burlington had done in the past for maintenance of the dump. County has agreed to this. Council agreed to proceed with a contract with Mr. Dump M~int.~ Sherbondy on the same basis as Buffington, -contract to terminate January 1, 1970. Bavaria Park Wurl reported the school wishes to add a football field to Bavaria Bavaria Park Park and would contribute. Administrator Wurl request permission to discuss ~his with the school. C~uncilman Kuster made a motion to authorize Administrator Wurl to negotiate with the school on a football field for Bavaria Pa~k. Seconded by Councilman Clymer. Roll call vote Councilmen Benninghoff aye; Bergman aye; Kuster aye; Clymer aye. Administrator Wurl reported th~ State Highway is requesting a letter of support on Red Buffalo Interstate 70 via Red Buffalo Route. RouFe Councilman Bergman made a motion to the effect that the Ci%y of Aspen support the ~_~ Colorado Department of Highways in their request of the Secretary of Agriculture to route Interstate ?0 via the Red Buffalo location. Sedonded by Councilman Kuster. Roll call vote Councilmen Clymer aye; Benninghoff aye: Kuster aye; Bergman aye. White Bus Mayor Barnard reported the White Bus will be in Aspen over the weekend driving around town transportating people. Owner has approval of the PUC. 750 Regular Meeting Aspen City Council March 4, 1968~ Councilman Clymer made a motion to authorize the White Bus for a rapid transit system and Administrator Wurl to designate a route. Seconded by Councilman Bergman. Roll call Transit System vote Councilman Kust~r ayg Benninghoff aye; Bergman aye; Clymer aye. -- Legal Advertising Administrator Wurl reported the County has put their legal adver- Legal Adv. tising out for bid and recommend the City do same. Councilman Kuster made a motion to call for bids on legal advertising. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Benninghoff aye; Kuster aye: Clymer aye. Wurl reported there will be no hearings in Colorado on the California Zephyr, closest Calif. Zephyr hearing would be in Salt Lake City and felt the City should be represented. Administrator Wurl stated the budget authorizes purchase of a new street sweeper, ~ Quotation on lease-purchase was submitted by Administrator Wurl from Gelco Leasing as follows: Street Sweeper Monthly Cost Yearly Cost 1 Year $418.49 $5,021.88 2 years 397.48 4~769.76 3 Years 375.93 4~511.16 4 Years to 50 Months 352.49 4,934.86 At the end of 50 months the City has the option of purchasing the sweeper for $1.00 Retail price $15,385.00, Gelco capitalization price $14,346.50 Councilman Clymer made a motion to authorize the City Administrator to lease a street sweeper from Gelco Leasing. Seconded by Councilman Bergman. Wurl reported we would keep the old sweeper for standby, delivery on the new one would be 30 to 40 days. Roll call vote Councilmen Kuster aye; Clymer aye; Bergman aye; Benninghoff aye. Letter of resignation from the Planning and Zoning was read by Mayor Bernard from P&Z Clymer Councilman Clymer. Councilman Benninghoff stated he would replace Councilman Clymer Resignation after the next Planning and Zoning meeting. Councilman Bergman made a motion Councilman Benninghoff replace Councilman Clymer on the Planning and Zoning Commission. Seconded by Councilman Kuster. All in favor, motion carried. Councilman Bergman made a motion to adjourn at 7:05 p. m., seconded by Councilman Clymer. All in favor, meeting adjourned. Lorraine Graves,~ty~C~erk