Loading...
HomeMy WebLinkAboutminutes.council.19680520786 Regular Meeting Aspen City Council May 20, 1968 Meeting was called to order by Mayor Robert Barnard at 3:45 p.m. with Councilmen Bergman, Kuster, Benninghoff, Clymer and Administrator Wurl. Accounts payable were given to Councilman Bergman to check. ~'~ Councilman Benninghoff made a motion to approve the minutes of May 6, 1968 as mailed. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. ORDINANCE #19, SERIES 1968, AN ORDINANCE AMENDING TITLE IV, CHAPTER 2, OF THE MUNICIPAL 3rd. #19 Electica] CODE OF THE CITY OF ASPEN, COLORADO, RELATING TO THE ELECTRICAL CODE was read by title cdde only, as agreed by Council, on second reading by the City Clerk. Councilman Kuster made a motion to adopt Ordinance #19, Series 1968 on second readisg and order the same published. Seconded by Councilman Benninghoff. Roll call vote Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman aye. ORDINANCE #20, SERIES 1968, AN ORDINANCE REPEALING AND AMENDING CERTAIN SECTIONS OF TITLE 3, CHAPTER 3, OF THE ORDINANCES OF THE CITY OF ASPEN, COLORADO, RELATING TO THE WATER Ord. #20 Water DEPARTMENT was read by title only, as agreed by Council on second reading by the City Clerk. Councilman Clymer made a motion to adopt Ordinance #20, Series 1968 on second reading and order the same published. Seconded by Councilman Benninghoff. Roll call vote Councilmen Kuster aye; Benninghoff aye; Bergman aye; Clymer aye. ORDINANCE #6, SERIES 1968 - Building Review. City Council agreed to table this Ord. #6 Bldg. ordinance until after Home Rule Government. Review tabled Mayor Barnard opened the public hearing onalleged violation, April 6, 1968 at the Little Bavaria. Copies of the show cause letter sent by the City and a letter from Little Bavaria ex- .ittle Bavaria plaining the circumstances of this violation were submitted to Council. violation hearing Officers Holmbeek and Rozine were present from the City and Steen Gantzel was present representing Little Bavaria. Officer Nolmbeck gave a breakdown of his report. Two juveniles were picked up at Little Bavaria under the age of 18 years. Were in Aspen with a ski club from Illinois. The two juveniles were brought into the Police Department prepared and signed statements and wet released. They were leaving the following day to return to Oak Park, Illinois. Mr. Gantzel request his letter be made a part of the record as follows: Gentlemen: I have received your letter of May 15th regarding the possible suspension or revocation of the 3.2 Beer License presently held by Little Bavaria which will be heard on May 20th 1968 at Council Chambers. I have talked with Chief Scott concerning this matter and have been shown the file as to what reportedly happened. To the best of my knowledge the facts are as stated and correct. This winter I have attempted to operate Little Bavaria in accordance with the 3.2 Beer Code and in the spirit of cooperation not only with the Aspen Police Department but with the local community. Every effort was made to have a competant adult on the door to check identification and not allow anyone under 18 into the premises. Mr. Mr. Lon Williams was our manager and John Bauman our doorman. Unfortunately the night of the stated violation, Lon Williams had gone to California and John Bauman was in charge with Roy Grice another employee behind the bar. John Bauman without letting me know of it had to leave Aspen that day only and another person was at the door checking I.D.'s. This person from the report was not qualified and obviously did not do the job required and as a result under 18 year old persons gained admittance and two of them were apprehended violating the 3.2 liquor code. No attempt can be made to excuse this and the blame for allowing this must ~all upon myself. It is another reminder of th~ difficulty in operating a 3.2 establishment and continual necessity for very careful I.D. scrutiny. ~ In speaking for Little Bavaria, I would sincerely requst that because I believe we have operated the establishment in the most part properly, that we have made an honest effort to comply with the liquor code, have tried to at all times to keep any under 18 year old out of the premises and have kept order within the premises, consideration be given in our favor not to remoke our 3.2 license. 787 Regular Meeting Aspeh City Council May 20, 1968, Little Bavaria Our plans for the sum~ner months are to operate Little ~avaria on a three day weekend 3.2 violation operation whereby, two evenings are for 3.2 live band dancing and one evening on a coke ~,~ dance as done last summer. One last point that I am aware of is that for a few weeks Little Bavaria operated under the name of Toad Hall, a name out of Alice in Wonderland stories and a sign was placed up under the front door. The name was a temporary experiment and I am aware that under the code it is illegal and accordingly it has been taken down. If it does go back up, the name first will be registered with the State and also a sign permit obtained from the City of Aspen. I apologize for the illigality of this sign, but I find some amusement thinking of the many names were thought up in an effort to find a name that would appeal to the 18 year old'crowd. Needless to say Little Bavaria name somehow does notfit th~at crowd. I am very sorry that I allowed this incident to occur by that night's lack of control at the door. But ~op~fully if our license isnot revoked, it will be the strongest reminder for the future of the continued necessity for the strongest control and mo,st careful check of identification~ /s/ Steen Gantzel ~Mr. Gantzel stated he had nothing further to say. ~uncilman Clymer made a motion to take. this under advisement until the next regular Council meeting.~ Seconded by Councilman Benninghoff. Roll call vote - Councilmen ClYmer aye; Kuster abstain; Benninghoff aye; Bergman aye. Mr. Asay - Art Teacher~ at the Middle School. Mr. Asay request permission from Council Trash Cans to have the 5th and 6th graders paint pictures of what the children feel about Aspen on the blank sides of the trash cans. Due to the latness of the school year, would have to be a summer prOject. Council questioned just what would be painted on the cans. Samples of design prepared by the children were shown to Council. Councilman Bergman made a motion to approve the project, design and project to be supervised by Mr. Asay. Seconded by Councilman Benninghoff. Roll call vote- Council- men Clymer aye; Bergman aye; Kuster aye; Benninghoff aye. Commercial Core Zone - Mayor Barnard opened the public hearing and stated the purpose C-C zone of this proposal is to discourage 100% use of prime cormnercial land for residential Public Hearing purposes. District ~includes from Mill to Spring and Durant to Main. Results of the public hearing before the Planning and Zoning Commission were unanimous in favor of the district as proposed. Tom Daly read a prepamed st'atement fro C.' M, Clark who was not present as follows: Gentlemen of the City Council, I'~m extremely sorry that I am unable to attend this meeting, but due to weather conditions beyond my control, the high mountains of Colorado have been obscured all d~y and no air traffic has moved between Aspen and Denver. This proposed Commercial Core District CC greatly concerns me and at the same tim. e, deeply distresses me because I own a considerable amount of property located in this new proposed CC District, and also because I am very cognizant of the political overtones that the CC District represents. It is quite obvious that the Commercial Core District proposal came up at a time when our Mayor was trying to stop the HOdge Oliver project~ If you will follow the timing, you wi~ll understand that the Moratorium would have continued (.had it not been for District Court intervention) until such time that this CC Core proposal went through, and then of course it wouldhave made the hodge Oliver project illegal. This CC Core proposal has~been railroaded by the Mayor~'through P & Z and to the City Council without any understanding ~or consideration for the economic ramificatiQns. It is important that the Council remember.., most of you peo;le being downtown businessmen .... that the downtown Core area of the City is also the economic center of Aspen. Last week Mr. Hal Jungbluth, a land econo, mist and valuation consultant, flew in from Fort Collins. It was Mr. Jungbluth's o.pznion that putting a 50% commercial restriction on this area would be disastrous ecOnomzc consequences, lowering the value not only in the CC Core area but also down to the v. ery sma.llest residential ho. use in the Community. At no tome, after Mr. ~Jungbluth s testimony, did anyone come up wzth any reason economically! why this Core area should become fact. They based it strictly, totally and completely upon the necessity to conserve the land in the Commercial Core area from Condominium encroaching upon it. Even after we had proved that there was approximately three to four 788 Regular Meeting AspenCity Council May 20, 1968 times more c6mmercially zoned land in Aspen than in other comparable communities, they C-C Zone Public still said .... no .... and that we still needed this protection.- This proposed ordinance Hearing is without basis anywhere in Colorado law and I genuinely and-sincerely believe that if you gentlemen table this proposal until we can make the same presentation, I think you will see that it isbased entirely on politics, it has no economic foun atlon...,lt has no aesthetic foundation and can bring only hardship to the people of Aspen. Thank you. /s/ C. M. Clark, President Esco Development Corporation · · Tom Daly - Think it is too close to the ski hill. Skiers need to be close to the hill. Shops do not need to be this close to the hill. Business will be devaluated because of too much commercial space. Buildings will be built anyway even if it is 90% commercial. Will make an profit on the-rest of the building not on the commercial. Will lower market values by 50%. Councilman Benninghoff - 5 to 10 years from now the space will be needed. Reserving space at this time for commercial, without providing co~mnercial space downtown will cause strip development. Businesses have been close to the ski hill for many years. Tom Daly - There is too much commercial space and it should be in a more desirable location. William Dunaway - Agree with this proposed zone. Master Plan calls for the concentrated commercial uses in this section. Would be good for Aspen. City is noted for this concentrated business district. This will increase the popularity of Aspen so, therefore, will maintain its value. Mayor Barnard - Never seen property values in Aspen go down yet. Councilman Bergman ~ Heard only one objection, maybe it is not large enough. Steen Gantzel Have to think and look at what we want for downtown Aspen. Should think about preserving, beau,tifying and getting the traffic out of the downtown area. This proposal does not deny anyone to build residential. Tom Benton - Very much in favor of this proposal. The only way we can preserve the center of town. Clinton Sampson - You are taking 75% of the C-1 District. Mayor Barnard - If we let the area go as it is now, all the large pieces of land will be built up with condominiums and this will force business go go down the highway. Hans Gramiger - The length of the district should be east and west. Demand for accommodations isnear the ski hill. Move the district down one block to the north and turn it around. Leave no room for a modern hotel. Needs more study. Mack Murray speaking for the Pitkin County Construction Association - In excess of amount needed. Feel there is a need for a commercial zone. More study. Bob Stevens Feel this is needed. Accommodations should be on the edge of the business core. Propose changing the dividing line to the south on the alley between Durant and Cooper. Tom Daly - Let supply and demand take care of it. Councilman Benninghoff - Trying to make this a better town than the average town. Pre- serve for the City and people this area for which it was intended. If this is not warranted in 5 or 10 years from now, it can be changed. Feel this is in the best interest of the City. Administrator Wurl - Progressive towns are restricting their business and industrial areas ~or just these purposes. Hans Gramiger - The area next to the ski hill is prime area and too good to pass up. Would like to go on record that the City is outlawing a major hotel. Height restriction are too low. Steen Gantzel - The contractors and realtors should not dictate what is built. Mayor Barnard closed the public hearing and request a letter from Mr. Whitaker be made a part of the record. Copies of the letter were submitted to Council as follows: 789 Regular Meeting Aspen City Council May 20, 1968 Gentlemen: C-C Zone Public ~ Hearing Since my written comments on the C-C zone to the Planning and Zoning Commission were ignored, I would like this opportunity to present them to the City Council. While I am in favor inprinciple of vertical zoning, the proposed ordinance does not consider some of the related problems, and is, in my opinion, not ready for final adoption. Some reasons follow: 1.The thr~e half blocks included are so close to the ski slopes and so far from the central commercial district that their inclusion is unreasonable. 2. The 50% commercial requirement is excessive. No figures were presented at the public hearing on vertical zoning earlier this year, that justify such a large percentage. The ground floor only would be more realistic. 3. Off-site leased parking is essential to the development of much of the included zone, being necessary to the small parcels of land. No consideration has been given to it in this ordinance. 4. The possibility of dualuse of pa~king s.hould also be considered, for bona fide daytime commercial use in connection with apartment or accommodation uses. 5. There appears to be no valid precedent for this type of zoning in Colorado. From the timing of this ordinance, it would seem to be intended to accomplish a purpose which cannot otherwise be done. I think the Planning and Zoning Commission and the City Council, in the light of the recent court decree, should be extremely careful in enacting legislation, or in administering it, to be on good solid level ground. 6.In addition to the above, existing density requirements should also be reviewed and perhaps revised in connection with this problem. /s/ Francis Whitaker Mayor Barnard pointed out Mr. Whitaker had not attended either the study session on the C-C zone or the public hearing by Planning and Zoning. Ord. #21 C~C Zon~ ORDINANCE #21, SERIES 1968, AN ORDINANCE AMENDING CERTAIN SECTIONS OF TITLE XI, THE ZONING CODE OF THE CITY OF ASPEN, COLORADO, REI~TING TO COMMBRCIAL ZONES AND DECLARING AN EMERGENCY TO ~EXIST was 'read~ in full on first reading by the City Clerk. Councilman Clymer - Why ~are we requiring 507°. Mayor Barnard - Feel that if we make it any less, will not fit what we intend to make this ordinance do. Anything less would not do it. Councilman Clymer - Only complaints are the ones who are buying and building on the land. Councilman Benninghoff - Represent resident owners in town. Because of the aesthetics and appearance of the town is why-these people built here. Have invested money in residential. My justification for approving this ordinance. Councilman Bergman made a motion to approve Ordinance #21, Series 1968 on first reading as read in full and order the smme published. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Benninghoff aye; Bergman aye; Kuster aye; Clymer aye. Segl Annexation Segl Annexation - One lot in West Aspen Subdivision. Petition for annexation was submitted and read by the City Clerk in full. Discussed annexing the entire subdivision. Resolution #11, Series 1968 was read in full by the City Clerk as follows: Petition Resolution Annex .... R E S 0 ~L U~T I-O N WHEREAS, Isabelle Segl and Frank Segl have filed their Petition for annexation of certain property hereinafter described with the Clerk of the City of Aspen on the 20th day of May,' 1968; and WHEREAS, said petitioners are the owners of one hundred percent (1007o) of the land proposed to be annexed; and WHEREAS, no election is required under said Act; and WHEREAS, the City Council determines 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. 790 Regular Meetin~ Aspen City Council May 20, 1968 Councilman Berman made a motion to adopt Res&lution #11, Series 1968 as read ~y the City Clerk. Seconded by Councilman Kuster. Roll call vote - Councilmen Kuster aye; Clymer nay; Benninghoff aye; Bergman aye. ORDINANCE #22, $~ER1ES 1968, AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF ASPEN COLORADO, OF THAT CERTAIN TERRITORY OR REAL ESTATE PARTICULARLY DESCRIBED IN THIS Ord.#22 ORDINANCE, LYING OUTSIDE OF BUT ADJACENT TO THE CITY OFASPEN, COLORADO, was read in ~egl Annex. full on first reading by the City Clerk. Councilman Kuster made a motion to approve Ordinance #2~, Series 1968 on first reading as read in full by the City Clerk and order same p~blished. Seconded by Councilman Bergm~ Roll call vote - Councilmen Clymer aye;. Benninghoff aye; Bergman aye; Kuster aye. West Aspen Company - Administrator Wurl reported the Council will have to schedule a West Aspen Co. public hearing on the zoning. Plan is to zone at the same time annexation takes place. Schedule hearing Councilman Kuster made a motion to schedule a public hearing on zoning of the annexation of West Aspen Company for june 17, 1968, 3:30 p.m. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Bennighoff aye; Kuster aye; Clymer aye. Councilman Bergman made a motion to approve thebills as submitted by. the Finance Department. SeConded by Councilman ~enninghoff. Roll-c.all vote - Councilmen Clymer aye; Kuster aye; Benninghoff aye; Bergman aye. Radio Bids - two bids were submitted as follows: Bids - Radios NEW RECONDITIONED Motorola $1148.00 $1100.00 RCA 2010.00 1158.00 Administrator Wurl recommend Council accept the bid for new equipment from Motorola. Councilman Benninghoff made a motion to accept the bid for 2 mobile radio units from Motorola in the totla amount of $1148.00. Seconded by Councilman Kuster. Roll call vote Councilmen Kuster aye; Benninghoff aye; Clymer aye; Bergman aye. Aspen Alps Road - Mr. Robert Cline reported he had been referred to the City Council from the Board of Adjustment and the Planning and Zoning Commission, relating to the Aspen Alps narrow private road to the Alps. private road Council stated their concern for emergency vehicles to ~each the Alps due to the narrowness of the road. CouncilmanKuster made a motion the City will accept a minimum of 18' and the City would not be responsible for lack,of access~by emergency vehicles. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman aye. Teen Center - Basement of the Opera House, space vacated by Beck and Bishop. Administratc~ Wurl,~xplained the City will establish the operation ~through the recreation department 'Teen Center of the City. Governing Board will consist:of Ted~Armstrong - recreation director, Officer Ramon Drehobl - Aspen Police Department, Pete DeGregorio and Byron Lewis from the school. Each high schoo~ class will also elect two members each to serve on the board. City will be providing the space and utilities, decorating to be planned by the students. Soda fountain purchased by Mayor Barnard at the Hotel Jerome sale can be purchased for $500 for the center. William Dunaway stated he would donate cable ~elevision for the center. Councilman Clymer made a motion to approve the opertion procedure, authorize purchase of the soda fountain from Mayor Robert Barnard and approve setting aside this space for the teen center in the Opera House and authorize Administrator Wurl to proceed with the details. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster aye; Benninghoff aye; Clymer aye; Kuster aye. Golf C~urse - Administraor'Wurl stated a group had visited the site proposed for a municipal golf c~urse on Tyrrell Garth's property, golf course Council pointed out being a distrance down the valley would be able to play one month earlier in the year and one month later in the season. 791 golf course Discussed financing for the gol~ course. Administrator Wurl reported Mr. Garth is willing to give the City a 10ng term lease with option to buy at any time. Gelco Leasing ~,~ can construct the course and the City would lease the course from Gelco. Would cost the City $20,000 to $25,000 per year to lease from Gelco. Wurl estimated the City would have to subsidize the course for 2 years before the City will be receiving enough revenue. Councilman Benninghoff made a motion to authorize Administrator Wurl to continue negoiations and details on a golf course on Tyrrell Garth's property. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Kuster aye; Bergman aye; Benninghoff aye. ~ sales tax Sales Tax - Administrator Wurl reported the Co~nC~2will be calling for an election on 2% sales tax in Pitkin County. Estimate 1/4 million dollars will be received by the City bss~d on rebate to the City on the base o~ collection. Administrator Wurl pointed out the~ are thinking in terms of a November election. In order for the effective date to fall on January or July 1st election would have to be held 120 days prior to this date. Councilman Kuster made a motion ~o support the County's election for sales tax providing the election is held soon enough so that it will be effective on January 1, 1969. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. Discussed the projects desired and required to be done by the City tied to the. sales tax revenue, such as seal coating the streets, Main Street planter, golf course etc. Water Rights Litigation - Councilman Benninghoff made a motion to authorize Attorney Water - Attorne Frank Delaney to represent the City on water rights litigation. Seconded by Councilman Rights Clymer. Roll call vote - Councilmen Benninghoff aye; Bergman aye; Kuster aye; Clymer aye. North Side Armexation Litigation - ~dministrator Wurl reported the case comes up on May N.S. Annexation 27th, City will be represented by Attorney Charles Stewart from Glenwood Springs. ~"~ Suit Data Process'- Fira~ce Director submitt.ed for Council review reports derived from the Data Process system. Also stated the combined bills of water and electric would be out by the end of June. Transit System - Wurl reported if 2 buses ran 365 days per year, from 8:00 to 2:00 a.m. transit system with 3 drivers per bus would cost approximately $50~000 per year going 140 miles per shift every day. This does not-include-price of the buses. Council agreed there were aaher items which needed the money and Cities attention ~rior to this project. Francis Whitaker - Sales Tax~~ Council i~structed Administrator Wurl to checkinto why ~hitaker Tax a lien was not filed. Thrift Shop - Administrator Wurl reported the City carpenters are working on the space Thrift Shop in the Opera House. Thrift Shop ladies very happy with the new locatinn. Old building used by the Thrift Shop next to the City Hall will be torn down, space used for parking. Pool Swimming Pool - Open June 1st. Two Hour Parking - Two hour parking signs have been installed. Police Department will 2-hour parking not be writing any tickets for at least two weeks. angle parking Angle Parking - Councilman Kuster and Bergman reported the people are against this. Officer Drehobl reported the angle parking caused a large percentage of, the accidents and cut 4own the flow of traffic. Councilman Bergman made a motion to put angle parking back in where it was before including Main 'Street. Motion died for lack of second. Council agreed to table this until the next meeting and instructed the Police Department to submit a report at the next meeting on the accidents around Wagner Park contributed to angle parking. Red Mt. Water Red Mountain Water - Wurl reported the City will meet the deadline of June 1st. Mayor Baznard questioned Mr. Tom Daly on what ~ill be done about the mess and clutter around the South Point Condominium. Mr. Daly stated now that the snow has melted, plan to landscape and clean up the mess. 792 Regular Meeti g Aspen City Council May 20, 1968 Bavaria Park - Now constructing the water line to the park, have called for bids Bavaria Park on the spr%nkling system, lockers and.shower building reported Mr. Wurl. Sweeper - Wurl reported the new sweeper is here and doing a good job. Sweeper Stree~ Councilman Benni~ghoff questioned why the water followed the sweeping since the water pushes the dirt back into the gutters. Wurl to check out. Main Street ~lanter - Money unavailable ~.this ti~ ~eported Administrator Wurl. Planter -Main St. Census Report - Administrator Wurl informed Council the census came out with a total of 2059 with a few still coming in who were not counted by the census takers, census Administrator Wurl request permission from the Council to proceed with the first steps of Home Rule Government, which is a petition. Councilman Kuster made a motion to authorize Administrator Wurl to proceed with the petition for Home Rule Government. Seconded by Councilman Clymer. Roll call vote Councilen Benninghoff aye; Bergman aye; Kuster aye~ Clymer aye. Colorado Municipal League - Phone Increase - Administrator Wurl reported the League is requesting a percentage from each City to cover costs of litigation to represent Phone Increase the Cities in the State. City of Aspen cost S50.00. CoUncilman Benninghoff made a motion to authorize $50.00 to the Colorado Municipal League for cost o~ litigation on the phone increase. Seconded by Councilman Bergman. Roll call vote ouncilmen Kuster aye; Clymer aye; Bennfnghoff aye; Bergman aye. Wiener Stube - Remodeling of Beer and Wine establishement. Form was submitted to remodeling Wiener Council by the City Clerk and reviewed. Council authorized the Mayor to sign the Stube form. Mayor's Deed to Fred Pearce and ~lhel McCabe was submitted to Council by the City Clerk Mayors deed Councilman Clymer made a motion to authorize the Mayor and City~ Clerk to sign the deed to Fred Pearce and Ethel McCabe as submitted. Seconded by Counc~ilman Kuster. Ail in favor, motion carried. Letter from-DeFries was submitted to Council thanking the City for the tour of the filter plant. Pitkin County Iron Mines Sewer Plant - Councilman Benninghoff made a motion that Sanitat~ n the City pursue whatever coumses are avai!aple and in effect to halt the installation Pitkin Iron Mines of any sewer d~sposal plant at the headwaters of Castle Creek or wherever it influences the Cities water. Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye; Benninghoff aye; Clymer aye; Kuster aye. Councilman Kuster mad& a motion to adjourn at 6:50 p.m., seconded by Councilman Beninghoff. Ail in fa~r, meeting adjourned. '---~Lorrazne Graves, City Clerk