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HomeMy WebLinkAboutminutes.council.19680506 Re~ulr. Meetin~ .. .~sp.en Cit~ council May 6~ 1968 Meeting was called to order at 3:45 p.m. by Mayor Pro Tem Kuster with Councilmen Carl Bergman, John Benninghoff, Clyde Clymer and CityAdministrator Leon Wurl. Administrator Wurl requested the presence of Attorney Clinton Stewart for the meeting as special counsel. Attorney Stewart was seated ~t Council table. ~ The accounts payable were given to Councilman Clymer to check.~ Mayor Pro Tem KUster stated to the assembled, the meeting will be conducted in an orderlY fashion and anyone getting out of hand will be called out of order and if necessary removed from the Chambers. Councilman Benninghoff made a motion to approve the minutes of April 15, 1968 as mailed. Seconded by Councilman Bergman. ROI1 call vote - COuncilmen Bergman aye; Benninghoff aye; Clymer aye. Councilman Benninghoff made a motion to ratify the action taken by the City Council at Ratify Actions the Special Meetings held April 22, 1968 and April 30, 19.68 and approve the minutes as special meeti~ gs m~iled. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer abstain; Benninghoff aye; Bergman aye. Motion carried. Councilman Clymer reported he had abstained since he was not present at the meeting of Ii ~ April 22, 1968. il Mayor Pro Tem Kuster opened the public hearing on purchase and ;sale on the application Aspen Drug for liquor licensed Drug Store of Aspen Drug. License - Sale Applicant - Aspen Drug Corporation consisting of Richard Long, Lois Long and Roger Long. Copies of all forms required by the State of Colorado and the City of Aspen were submitted to Council and reviewed by Council. Ail letters of reference w~re read by the City Clerk pertaining to the members of the ©rporation. Richard Long and Attorney William Clark were present representing the applicant. Mayor Pro Tem Kuster questioned the applicant if he wished to make any remarks. No comments were made. Administrator Wurl reported all forms were complete. Councilman Clymer made a motion to approve the purchase and sale application for Aspen Dru~ Corporation. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Bergman abstain; Benninghoff aye; Clymer aye; Motion carried. Metro Sanitation District - Request tQ be put on the agenda. No onepresent. Pitkin County Construction Association - The following Resolution as submitted was read Bldg. Moratorum by the City Clerk. Resolution of the Board of Directors of the Pitkin County Construction Association. RESOLVED: That the Association adopt the f~llowing position concerning the City of Aspen's present handling of building permit applications: 1. The Association was organized to meet a long standing need of those business and professional people who are concerned about Aspen development. 2. The organization at this time was a reaction to the current crises of public confidence that has resulted from the City's handling of Building Permit Applications. 3. The membership haS~eStab'lished a fund of several thousand dollars for use, zf neCessar', to take every appropriate measure which is likely to relieve the crises. 4. Drastic measures would not be necessary, if the City Council will act now to restore public confidenceby: (a) Moratorium: City Council should ~econsider and rescind the so-called "moratoriu ~" on building permits. (b) Rul& by Law rather than by D.ecree: The City Council should disavow the practice of making drastic, inconsistant and retroactive zoning and building policies. The recent cancellation of some permits and the refusal to issue others are based upon "reasons" not found in the ordinances. Futhermore, these actions were taken over the objections of the then City Attorney and Building Inspector - who both resigned as a consequence - to the dismay of local business and the press and against the considered judgement of the Planning and Zoning Commission. · Government by decree rather than by due process of law discredits the City and creates grave risks to the business community, the individual officials and to the City. (c) Impartial Buildin~ Review: Like any other ordinance, the building review procedures should be applied as they are written and in an impartial and eff- icient manner.. If the building and zoning ordinances need improvement they should be amended, rather than attempting to penalize the applicants who relied upon them, or creating artificial obstructions. (d) Association Proposal: The members of this association are very concerned about the orderly development of Aspen, and its public health needs. They would welcome an opportunity to attack those problems cooperatively'with the City, Planning and Zoning Commission, the Sanitation Districts and the other agencie~ involved. Several members have suggested that they Would be willing to perform services at cost to increase the efficiency o.f sewage disposal. Although-the sanitatio~ districts are, according to our information, making satisfactory progress towa~ achieving recently enacted standards, we propose a joint committee of concerne~ association members and interested officials to determine whether the real- ization of the standards cannot be accelerated and exceeded. The same comment~ apply to zoning and building ordinance modifications or any Other areas where concerned business and professional organization can be a force for orderly progress. Directors: /s/ John Huebinger, Jr., Clyde Newell, Richard Fitzgerald, Richard Sprin§er, William Phelps, Leon Norton, Edward A. Nichols. Letter dated May 6, 1968 address to Honorable Werner Kuster, Mayor Pro Tem from John 'Builing Moratori~ , President of the Pitkin County ConstruCtion A~soCiat~ n was read bY Mayor Pro Tem Kuster requesting everyone concerned regroup and' end all of the present controversy among ourselves. Attorne~ Stewart gave a run down of the papers filed against the City in District Court on May 6th~ a.m. Stated a restraining order had been filed on the moratorium. Will be heard in District Court on May 14th. Further stated there was no action for the City to take at this time until after the 14th. Administrator Wurl reported to Council he had retained Attorney Stewart to represent the City in this matter. Mr. Huebinger, Jr. stated to Council the Association would withdraw the action in court if the City takes off the moratorium. Attorney Stewart stated he had talked to the attorneys for the plaintiffs on this actio~ and was given no indication from them that there WOuld be a withdrawl. Mayor Pro Tem Kuster questioned how this affected building permits at this time. Administrator Wurl reported the City has to issue building permits if the plans conform and meet all requirements. Attorney Stewart reported if the plaintiffs want Council to reconsider on the moratorium they should have their Counsel contact the Attorney for the City. Feel the Council would consider having a special.meeting if such was the case. Mr. Huebinger~ Jr. stated he would like to retract his statement on Withdrawl until they have contacted the Associations Attorney. George Odier of the Aspen Chamber and Visitors Bureau reported 300 questionnaires had been sent out on the moratorium - 136 returned. Out of those returned 25 for the moratorium, 108 against the moratorium and 3 made no cormment. A letter from the Aspen Sanitation District~relating to an enclosed ResolUtion and stated the County Commissioners had agreed to lease or otherwise transfer lands adjacent to the plant site f6r a sludge process was read by the City Clerk. Resolution as follows: Resolution: "Motion by Westerlind that we authorize design for an activated sludge proces in series with our present facilities, with design goal of establisheing 500,000 average daily flow capacity with minimum of 88% BOD reduction with disinfection. Also auhhorize design of recirculation line to present facilities. Seconded by Snyder, approved unanimously. Albie Kern authorized to,make an engineering contract with Wright-McLaughlin to design above process. Also to negoiate with the County on a leasing arrangement for the needed land. Neil Kuper is instructed to have Buchanando legal and topographic surveys on the necessary land." Councilman Benninghoff made a motion to discontinue discussion on the moratorium until such time as the City met in executive sesRion with the attorneys for the City and Plaintiff or such time after the hearing on the 14th. Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye; Clymer aye; Benninghoff aye, Council agreed they would notify the attorneys for the Pitkin County Construction Association if a special meeting of the Council is held on the moratorium. i Mayor's Deed De~ds -'A Mayor's Deed to Nina Coulter Ware and a Quit ClaimDeed to Max Emmerik and Emmy Emmerik were submitted to Council by the City Clerk. Administrator Wurl reported all was in order. Councilman Clymer made s motion to authorize the Mayor Pro Tem and City Clerk to sign the deeds to Nina Coulter Ware and Emmy and Max Emmerik as submitted. Secondedby Councilman Bergman. Roll call vote Councilmen Bergman aye; Benninghoff aye; Clymer aye. Adkins Property Zoning Adkims Property - Councilman Clymer made amotion to schedule a public hearing Zoning on the zoning of the Adkins Property for June 3, 1968, 3:30 p.m. City Council Chambers. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Clymer aye; Bergman aye; Benninghoff'aye, ORDINANCE #12, SERIES 1968,~AN ORDINANCE AMENDING TITLE Ii CHAPTER 13, ADMINISTRATIVE, Ord. #12 Deptuy OF THE ORDINANCES OF THE CITY OF ASPEN, COLORADO, was read by title only, as agreed by Clerk,Tea.Attor. Council on second reading, by the City Clerk. Councilman Benninghoff made a motion to adopt Ordinance #12, Series 1968 and order the same published. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye~ Clymer aye; Benninghoff aye. ORDINANCE ~16, SERIES 1968, AN ORDINANCE AMENDING TITLE 8, CHAPTER 2~ RELATING TO Ord. #16 EXCAVATIONS OF THE ORDINANCES OF THE CITY OF ASPEN, COLORADO was read by title.only~ Excavations as agreed by Council on second reading, by the City Clerk. Councilman Benninghoff made a motion to adopt Ordinance #16, Series 1968 and order the same published. Seconded by Councilman Bergman. Roll call vote- Councilmen Benni~ghoff aye; Clymer aye; Bergman aye. ORDINANCE #18, SERIES 1968, AN ORDINANCE AMENDING TITLE I, CHAPTER 5, RELATING TO WARDS OF THE ORDINANCES OF THE CITY OF ASPEN, COLORADO was read by title only, as agreed by Ord. #18 electio~ Council on second reading, by the City Clerk. wards Councilman Bergman made a motion to adopt Ordinance ~18, Series 1968 on second reading and order the same published. Seconded by Councilman Clymer. ROll call vote - Council- men Bergman aye; Clym~r aye; Benninghoff aye. ORDINANCE #19, SERIES 1968, AN ORDINANCE AMENDING TITLE IV, CHAPTER 2, OF THE MUNICIPAL Ord. #19 CODE OF THE CITY OF ASPEN, COLORADO, RELATING TO THE ELECTRICAL CODE was read in full electrical code for the first time by the City Clerk. Administrator Wurl reported this ordinance allows Romex in Type H occupancy rather than BX cable. Councilman Bergman made a motiQn to adopt Ordinance ~19, Series 1968 on first reading as read in full and order the same published. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Benninghoff aye; Bergman aye; Clymer aye. ORDINANCE #20, SERIES 1968, AN ORDINANCE REPEALING AND AMENDING CERTAIN SECTIONS OF Ord. #20 Water TITLE 3, CHAPTER 3, OF THE ORDINANCES OF THE CITY OF ASPEN, COLORADO, RELATING TO THE WATER DEPARTMENT was read in full on first reading by the City Clerk. Administrator Wurl reported he ~odld submit a program for meter installations over a 5 year program at a later date. Councilman Clymer made a motion to adopt Ordinance #20, Series 1968 on first reading as read in full and order the same published. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Benninghoff aye; Clymer aye; Bergman aye. Tree Bids - Mr. Wurl reported only one bid was received which was submitted to Council. Tree bids Bid submitted by R & L Landscaping, Romeo Pelletier~ Councilman Benninghoff made a motion to accept the tree bid of R & L Landscaping Romeo Pelletier. Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye; Clymer aye; Benninghoff aye. Councilman Clymer made a motion to approve the bills as submitted by the finance department. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Bergman aye; Benninghoff aye; Clymer aye. Hans Gramiger reported if the moratorium damages his real estate business, he will have proof of the damages. Also questioned why the Council did not or has not approinted people to the Planning and Zoning Commission with an imagination. Little Bavaria - CoPies of all violations were submitted to Council. It was noted Little Bavaria only one report since the change from full liquor license to 3.2 beer. Incident occuring 3.2 License on the 3.2 license on APril 6, 1968. Administrator Wurl recommended Council hold a hearing on the violation occuring on April 6, 1968 since it warranted a hearing. Councilman Clymer made a motion to schedule a public hearing on the violation report dated April 6, 1968 on Little Bavaria for .the May 20th Council meeting. Seconded by violations-Hearin~ Councilman Benninghoff. Roll call vote - Councilmen Benninghoff aye; Clymer aye; Bergman aye. Angle Parking - Administrator Wurl submitted a map outlining the sections in town with angle parking angle parking. Recommended eliminating all angle parking, 52% of all accidents are directly related to the angle parking. Discussed continuing angle parking at the post office. Councilman Benninghoff'made a motion to instruct the City Administrator to install parallel parking in th~ entire City of Aspen. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Bergman aye; Benninghoff aye. 755 Sales Tax Sales Tax - Administrator Wurl reported he has not received a report from the County Commissioners to date. Reportl at the next meeting. Cooper Street Bridge - Wurl reported they are working on the bridge again. Mayor Pro !Cooper St.Brid gem Kuster questinned why dust oil has not been put on the detour as the State Highway stated they would do. Administrator Wurl to cont~t the State Highway Department again. League Conf. Municipal League Conference - Conncilman Clymer, Benninghoff .and Bergman stated they would not be attending. Councilman Benninghoff made a motion to authorize Mayor Barnard, Mayor Pro Tem Kuster, Administrator Wurl, City Clerk Lorraine Grawes and one department head to be selected by the City Administrator to attend the Municipal League Confernece in June at Colorado Springs. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Bergman aye. bleachers Project 550 - Administrator Wurl reported this is the number of seats in the portable bleachers at the ball field atlBavaria Park~ Wurl request permission to c~nt~ct 10 · ~ business people or civic groups to buy one bleacher at $265.00 each. Councilman Clymer made a motion to approve Project 550. Seconded by Councilman Bergman. Roll call vote - Councilmen Benninghoff aye; Bergman aye; Clymer aye. Administrator Wuri reported the County Commissioners are asking the City to work out a dog catcher 50/50 split on the expenses of a dog catcher, equipment and pound. County cannot afford at this time a full time catcher. Councilman Benninghoff suggest the City either lease or contract with one of the veterinarians to run the entire operation. Councilman Bergman made a motion not to make any arrangement with the County on this until further study is made. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Bergman aye; Benninghoff aye; Clymer nay.~ Motion carried. Mr. Wurl reported the expenses totally run $450 to $500 per month. Administrator Wurl reported the census people will be in Aspen on-the 13th to begin the census taking of a census. Will hire ~ocal people to help. C. M. Clark , Es¢o - Adminstrator Wurl reported Mr. Clark is requesting permission to use ESco-Use Street the street next to the curb to park trailers during construction of 2 condominiums on South Durant. Request permission from this date until December 1, 1968. Councilman Clymer made.a motion to grant permission to Mr. C. M. Clark upon posting of a $500 bond to cover clean up of the street and vacating of the trailers by midnight November 30, 1968. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Benninghoff aye; Clymer aye; Bergman aye. Bldg. Moratori~ Councilman Benninghoff mead the following from the Mayor and Councilman Handbook prepared by the Colorado Municipal League: "lm ~ broad sense the Po.lice power a term derived from the Greek worR "polis,' meaning "City", encompansses all governmental power for the public good. It is in the exceri~e~ of this power "to provide for the safety, preserve the health, promote the prosperity, and improve the ;morals, order, comfort and convenience of the residents of the City that the Council has perhaps the greatest opportunity for making the community a better place to live now than it was five or ten years ago, and for assuring that it will be an even better community five or ten years hence." Councilman Benninghoff stated this is the basis on which he voted on the moratorium. Earl Schennum request Permission to pave 22' from the edge of the curb to his building Schennum Pave for a parking area, outside 4' of. the paved area for sidewalk. Landscaping reason for the area for parkin request. Councilmen agreed fo~.:the request to pave 22' providing an area is kept for a sidewalk. Councilman Clymer made a motion toadjourn at 5:5.5 p.m., seconded by Councilman Benninghoff ~ Ail in favor, motion carried and meeting adjourned, i Clerk