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HomeMy WebLinkAboutminutes.council.19700309 Regular Meeting A~pen C.ity Councit Mar.ch 9~ .1970 M~eting was called to order by Mayor Eve Homeyer at 4:05 p.m. with Councilmen Edwiq rare, William Comcowich, Ross Griffin, Fitzhugh Scott III, Jack Walls, Francis Whitaker, City Attorney Albert Kern and City Adminis~trator Leon ~url. . ~ Minutes, Februar½ 23rd - Councilman Walls request the following addition ~e inserted on Minutes I Page~2 as follows: "Counc41man. Walls request Planning and Zoning Commission give to Council an indication of the scope of the work of the consultants so that Council will know what the proposed work will include". Councilman Scott moved to approve the minutes of February 23rd as amended and prepared and mailed by the City Clerk. Seconded by Councilman.Griffin. Ail in favor, motion carried. Councilman Comcowicb moved to approve the minutes of March 2nd as prepared and mailed by the City Clerk. Seconded by Councilman Vare. All in favor, motion carried. Mayor Homeyer opened the ~continued he, ring on density and open space. Robin Molny, Chairman of the Planning and Zoning Commission refer~ed to the copies of the Density, Resolution passed by the.Planning and Zoning Commission requesting adoption of-the ord~ Open Space inance as~prepared. Mr. M~lny reviewed with. Council changes and corrections in the p~e- ~ared ordinance. ~r. Molny ~equest on.Page 4 and 7 of~the 0rdinance~under "Open Space Requirements", an addition be made as. follqws: "provided, howe~er, -that the dimension of the side of the ~-~- open space which is open to a street shall be one half.of the dimension of~the side of the building site pr one hundred (100) feet, whichever is less, shall be used as open space. area as provided herein." 1025 Regular Meeting Aspen City Council March 9, 1970 Mayor Homeyer stated the hearing would be tabled until later in the meeting due to many people unaware Council meeting began at 4:00 p.m~ Judges and Judges and Clerks Councilman Walls read the list of judges and clerks of election as Clerks submitted by the City Clerk. Councilman Walls moved to approve the judges and clerks as submitted by the City Clerk. Seconded by Councilman Griffin. Councilman Comcowich stated he felt in the future, there should be people who can really function~in this job, not people who can~be easily intimidated. All in ~avor, motion carried. Deputy City Deputy City Clerk - City Clerk submitted a request to Council for approval of the appoint- Clerk ment of Mrs. Jean Graham as Deputy City Clerk. Couneilm~n Scott moved to approve the appointment ~s requested by the City Clerk. Seconded by Councilman Comcowich. All i~ favor motion carried. Alley, Mlock 26 Alley, Block 26, Vacation - Mr. Krabacker, Architect for the applicants was present and ~acation reviewed with Council a survey of the land and sketches of the original plans. Attorney Oates stated applicant would guarantee a retaining wall so that the City would be guaran- teed 1200 square feet. Attorney Oates request an ordinance be drafted and enter into an agreement as outlined at the Council meeting two weeks ago. Attorney Kern stated he could not say wheter the City has just claim on the fractional lot: or the alley. Councilman Comcowich suggest the Council study this further in order to be sure the City gets what they are trading for, Postpone action on the ordinance until the land is clear of snow who that the land can be visibly seen. Councilman Walls moved to postpone first reading of the ordinance until the matter is clarified. Seconded by Councilman Comcowich. Ail in. favor, motion~carried. Density, Density, Open Space - Mr.~ C. M. Clark pointed out to Council the following points: Open Space Madame Mayor, members of City Council~ ladies and gentlemen: May name is C. M. Clark, I am~representing myself.and~the, Esco companies ....... After attending virtually all of the meetings relative to density control I would like to review the pertinent points which I have heard presented and make several new comments. 1. Aspen is going to-gr~ whether this change is adopted or.not. The pressure of populatior expansion and business economics~will.overpower any individual~or pressure group's efforts to prevent its growth. 2. The number of units will be cut in half but th~ size of the individual units will in-~ crease as,will the.number of rooms. There, will be more people per unit so density will not necessarily decrease. .. , 3. Because of the economis involved with higher land cost per unit there will be more units constructed in the county. For. each unit~ constructed in the county, off-street parking space will be lost in the city. Instead of this unit having its people and cars taken care of in the City we well be faced with the sams numbers of people, but now they will be commuting to the city, thereby increasing the parking problem. 4. This ordinance does not~help~ the~flat.roof.problemso the cith will still continue looking as if it were sawed off. Only the incentive zoning proposal of 1968 considered ~his 5. Employee housing has not been solved, but rather the chance of finding a reasonable solution has been made all but impossible. 6. The.lower density willy,encourage.shopping centers~in the county_which~will compete with city retail sales. Nearly every city in the United States is currently'suffering from problems incurred by this transfer of business and retail~sales to the suburban areas, leaving the central core area to decay, 7. This development of suburban shopping, business areas and urban~sprawl will be much more unsightly in the county than a well planned and developed in-town core. 8. The law of supply and demand will automa~tically limit commercial b6ilding~and condo- minif~n development. Serious overbuilding will not occur since each developer and builder will di=ect this design toward highest and best use regardless of this zoning6hange. -'1026 R]mular Meetin~ Aspen Citv Council March q, 1970 9. Since April 3, 1967 there have been nine major changes in the new Title II - plus four other proposals. This proposed change will amke #10. Acc0rdiJg to our City Attorney and the Colorado Municipal Handbook this continued changing - eKpecially without proper in- depth study, could legally jeopardize our entire zoning code 10. There is a strong sentiment within the city that the proposed density change has been drawn up in haste and without full regional and city planning by professionally competent advisors and co~nsei. Additional research, workshop studies, and.professional consultation may very we~l turn up numerous other factors that will help~t~e city solve its problems"on a permanent basis rather than a misunderstood stop%gap measure. 11. One of the arguments presented in favor of this ordinance was to stop-gap this years construction until a permanent solution to the problems of the city could be found. Ob- viously, with the current number of plans that have been and will be filed with the building inspector, this argument is invalid and ceases to be a factor. 12. Mr. O. K. Clifton, Executive Vice-President Of Valley Federal Savings and Aoan, the largest single lendor in Aspen called me this afternnon and authorized me, and confirmed it with our Mayor to present the following statement: a. "The constant uncertainty of zoning in Aspen is making it unattractive for a lendor to loan on residential and commercial buildings in Aspeno b. From one year to the next, no one knows where we are going, making an extremely un- stable community. c. His firm objects to this constant change and this ordinance. d. This ordinance will add to the alreay extreme high prise of buildings in Aspen. 3. This ordinance will hurt some people that have purchased laud'based on present zoning and the likelihood of law suits is very.great, with a good chance of success. 13. I would like to address those people that are objecting to condominiums with the following information gathered from the Pitkin County Assessors office: As of today there are presently 1154 condominium units in Pitkin County that pay an~es- timated $362,794 in property taxes, of which 70%, or $253,956 goes to our schools. This represents 134% of all advalorem taxes paid in Pitkin County. With 1,323 students in our schools, condominiums produced no more than 2% of these students. By pro rata basis of students, condominiums produced no more than students, condominiums pay 124% of all school monies to our school system; or in other words, with the increase in labor, school construction costs, etc~, every taxpayer's tax will double by 1975 unless we have this very valuable tax base that'replaces the industrial base most cities have. Those urban areas that do not have this industrial base are pres- ently being staggered by this tremendous tax load. My Recommendations: 1. Go back to master plan as approved by the City Council and start following it~as ad- vised by Jerry Brown, with modifications as needed relative to 1970. 2. Incentive zoning as presented in 1968. 3. Write a city general policy statement urging all developers, architects and builders to design and build in an united effort to preserve the flavour of Aspen. 4. Continously and repeatedly promote this statement through all possible media. Work with the develQpers instead of constantly attacking all land owners. ~ne time see what they can do when not rushed or harrassed by the city government. 5. Continue to study employee housing potential and establish such ordinances as are reas- onable to encourage private development of dormatories, low-cost apartments, basement boarding room units, etc. Beyond this, to leave the remaining solution up to private enter- prise in the city and county to solve the problem. 6. We look into zoning regulations in other selected Eurpe~n and American cities. It has been suggested that we establish a study group to select areas considered to be nearest to the Aspen ideal and then conduct s compargtiv9 study of not only zoning b~t codes, ordinances, controls, etC.--After this study s complete proposal could be pcesented to the City Council for consideration. Thank you for your time. Councilman Scott questioned if J~rry Brown worked with the Planning and Zoning Commission on this proposal. Mr. Cla~k stated he was being critical that all that has been done with the Master Plan is in the area of density and it-is felt by some people that density is the cure all. Going back to the same old problem of the door game and how many people you can jam into one spot, creating our own problem. 1027 R~ula~Meeting ........ ASpen City Council March 9, 1970 Density, Open Councilman Whitaker pointed.out the ordinance also reduces the floor area which is an added Space factor in reducing the density. Councilman Comcowich stated if C. M. Clark and Dr. Barnard both agree that there is a prob- lem with the door game, then there must be a problem. Councilman ~cott questioned if the bui}ding inspector's.report indicates most buildings are now conforming to the new proposed ordinance, why is it necessary to make a change. Mr. Molny reported this will eliminate buildings ~.hat take up the building site and also will provide open apace where it will benefit the most people. Mr. Clark stated you cannot limit growth, this will move ~he growth the the County thus add. lng the the City's parking problems. This ordinance will not take care of the block buster buildings, you can provide your open space in the front and s~ill build from side lot line to side lot line. Mr. Daly stated to cut the density in town, will be chasing people down the valley and we will not have the time to prepare for the traffic and the pollution caused by the traffic. Leave the density as it is now, provide for open space, higher buildings and take care of the parking problem. Same group opposing Highway 82 is for the density cut. Councilman Griffin pointed out the .County is also working on requirements to cut down in the County. Mr. Clark stated Aspen Mountain is down,~ Buttermilk down and Snowmass is down in project~ ions. Business isn't that good this year and your trying to stop it even more. Mr. Clark further stated Jerry Brown had stated to him, he was misled at the first meeting. !is feeling is he did not advocate lowering the density but.would rathmr see'the:~density in Aspen rather than urban sprawl. Letter from D. R. C. Brown addressed to Robin Molny was read relating he would like to see high density encouraged in the vicinity of the lifts and lower density elsewhere. Mr. Clark stated he would like to.go ~on 'record of offering to bring in an economist; at his expense, to discuss the economis as relates to this change. Mr. Dunaway stated he felt the ordinance is a-good one, well help in_relieving.the.congest- ion. County is working on zoning which is more restrictive, feel the people are capable of dealing with.the parking. Developers are the only ones speaking up, residents are not. Quickestwa~ to deteriorate a town is by over-crowding. _ Councilman Griffin moved the ordinance be read in first reading. ~econded by Councilman ' a Whit ker. Councilman Comcowich. stated the City should be car. eful-of not~liste=ning.'to ideas-just be- cause they were made by certain, people. Feel.alot of points pro and con have been brought out at this meeting. Do not like to get involved with an ordinance if the ordinance could be made better by more study ~md thought;out more'clearly.~Not convinced'that an emergency ex}sts at this time or this year..Have the ~ime to perhaps incorporate some of the good poznt~ brought out ~uch as enlarg!ng'the C~C ~one.., ' · i ' : ~ ' Councilman Walls pointed out he did not feel the desxred results would be achieved by this ordinance. Do not feel the buildings created by this ordinance will be pleasing. _ Discussed holding a study session with the Planning and Zoning Commission to review points brought out at the hearings and corrections in the ordinance. Roll-call vote -:Councilmen Vare aye; Whitaker aye; Comcowich n~y, Walls nay;~Scott.nay; Griffin aye; Homeyer nay. Motion NOT carried. e Council and Planning and Zoning agreed to me t on Tuesday, 5:00 p.m. City Council Chambers. Mayor Homeyer closed the public hearing. 3ouncilman Scott left Council Chambers. Opera House Opera Houae Lease --Administrato~ Wurt:in£ormed:Council.in,1971tpresent lease_with the~ Lease As@eh Company provides an option that they can lease for another 10 yea~s. Mr. Sardy states they intend to exercise this option for a 10 year extension Councilman Scott returned to Council Chambers. Administrator Wurl request authorization to investigate buying up the option this eliminat- ing the middle man. When problems arise the City has to go to the Aspen Company and they in turn have to go to the Wheeler Opera House Company. Councilman Comcowich moved to authorize Administrator Wurl to investigate buying the option to lease. Seconded by Councilman Whit- aker. Ail in favor, motion carried. 1028 Regular Meeting Aspen City Council March 9, 1970 Court House Annex --Administrator Wurl stated he. had talked to part of the County Commiss~ Court House ioners and their intentions at this time is to know if the City is at all interested so Annex that plans of the City could be incorporated in t~ planning stages. Councilman Comcowich moved to authorize Administrator Wurl to write a letter to the County Commissioners stating the City is interested and would like to be included in their plannin. Seconded by Councilman Whitaker. All in favor, motion carried. ' Business License - Question raised on the point of a county business license if the County Business has the authority to license businesses in t-eh. City,and who would get the revenue from the License business licensing in the City~ Councilm~n Griffin stated he.would have an ordinance prepared for~Council review and Counci request Administrator Wurl so~notify~the County the City desires to have their own business licensing in the City. Councilman Griffin stated he would have an ordinance prepared for Council review and Coun- cil request Administrator Wurl so notify the County,the City desires to have their own business licensing 'p~ogram. Traffic Engineer~- Administrator Wurl pointed out in the Model Traffic Code there is pro- Traffic vision for the City to designate some one as traffic engineer. Suggest in the absence of Engineer a city engineer, the City Administrator he so designated. Councilman Whitaked stated he felt this should be under Council control, and Council agreed to leave this responsibility under the City Council.~ Councilman Walls suggest a one-way street system be worked out. Administrator Wurl reported One-Way after the Master Plan was adopted, the City En~gineer, Jerry Brown and Mr. Wurl worked dut Streets a tentative one-way street plan. Mayor Homeyer appointed Jack Walls and Francis Whitaker to work with Administrator Wurl on one-way streets. Cemetery Lane Speed - Administrator Wurl reported the Chief of Police had submitted a Cemetery Lane report recommending the speed limit on Cemetery Lane be increased to 30 or 35 mph since Speed this seems to be the spped traveled on this street. Councilman Griffin pointed out the dips are the roughest at 25 mph and comfortable at 40mph Councilman Comcowich moved the speed limit be upped to 30 mph on Cemetery Lane. Seconded by Councilman Scott. Ail in favor with the exception of Councilman Whitaker who voted nay. Motion carried. Street Lighting Program - Administrator Wurl request authorization to proceed with~the Street Lighting engineering to prepare plans and specifications for the first phase of the more esthetic street lighting program. Administrator Wurl reported this is outlined as a 4 year program with a cost of approximately $40,000 total, $10fO00 each year. Would like to start with Main and Hopkins from Monarch to Hunter. Councilman Griffin moved to authorize Administrator Wurl to authorize~an:~engineerin~'study for esthetic street light~ ing of Main and Hopkins from Monarch to Hunter and submit to Council types and forms of fixtures. Seconded by Councilman Whitaker. Ail in favor, motion carried. RESOLUTION ~11, SERIES OF 1970 as follows was read in full by the City Clerk: Resolution #11 Polling Place RESOLUTION #11 Series of 1970 WHEREAS, it is necessary for.the City of A'spen to establish a polling place for Ward Three for use in future special and general municipal elections; and WHEREAS, the lobby of the Christiania-of-Aspen Lodge at 501 West Main Street, Aspen, Colo- rado, is available for usch use. NOW, THEREFORE, BE IT RESOLVED that the Christiania~of-Aspen Lodge is here~y established as the polling place for Ward Three, until such time as a new polling place is established as provided by law. Councilman Whitaker moved to adopt Resolution #il, Series of 1970:as read in full. Seconded by Councilman ~Scott. All in favor, motion carried. ORDINANCE #6, SERIES OF 1970, WHEREAS, JAMES E. MOORE AND ALBERTA L. MOORE HAVE OFFERED AS Ordinance #6 -- A GIFT TO THE CITY OF ASPEN CERTAIN DESCRIBED REAL PROPERTY ATTACMED HERETO, IN THE COUNTY Bavaria OF PITKIN, STATE OF COLORADO, FOR DEDICATION AND USE EXCLUSIVELY AS A PUBLIC PARK AND Park GARDEN AREA FOR THE ENJOYMENT OF THE CITIZENS OF THE CITY .OF ASPEN, FOR AN ADDITION TO BAVARIA PARK was read by, title only as agreed by Council on second' readimg by the City Clerk. 1029 9:70 Regular Meeting Aspen City Council March-9, 1 ~ Councilman Whitaker moved to :adopt Ordinance #6, Series~ of 1970 on s~cond~ reading and .order · a the same published. Seconded by Councilman Walls',: Roll~ call vote - Councilmen~Whlt kef aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye. Ordinance 7 ORDINANCE # 7, SERIES OF 1970, W~EREAS, FREDRIC A.~ BENEDICT~ AND ~FABIENNE BENEDICT RAVE , Ute Child- OFFERED AS A GIFT TO THE CITY OF ASPEN CERTAIN DESCRIBED REAL PROPERTY ATTACHED HERETO, ren's Park WITHIN THE CITY AND TOWNSITE OF ASPEN, COLORADO, FOR DEDICATION AND USE EXCLUSIVELY AS A PUBLIC PARK AND GRRDENAREA FOR THE ENJOYMENT'OF THE CITIZENS OF THE. CITY OF ~SPEN, FOR AN ADDITION TO UTE CHILDREN'~ PARK was read by title only as agreed by Council-on' semond :read~ ing by the City Clerk. Councilman Vare moved to adopt?Ordinance #7,. Series of 1970 on second reading and order the same published.:~SeconRed by-CoUncilman Comcowi:ch. Roll call 'vote -Councilmen Comcowich aye; Walls aye; Whitaker aye; Vare aye; Scott aye; Griffin aye. Ordinance #8 ORDINANCE #8, SERIES 0F1970, WHEREAS BARBARA JOHNSONHILLYARD AHS OFFERED AS A GIFT TO THE Hillyard Park CITY OF ASPEN LOTS M~, N, 0 AND P, BLOCK 29, CITY AND TOWNSITE OF ASPEN FOR DEDICATION AND USE EXCLUSIVEL¥~AS ~:BUBLIC PARK ANDGARDEN AREA FORT~ !ENJOYMENT -OF:'THE'C:IffIZENS CITY OF ASPEN, SUBJECT TO THOSE CERTAIN CONDITIONS CONTAINED IN A DEED DATED JUNE 30, 1969 FROM THE'SAID BARBARA~JOHNSONRILLYARDTO THE CITY~'OF ASPEN:ANDADDI~%ONAL CONDITIONS OUT- LINED IN HER LET%ER'OF JULY 8, ~1969 .was read by title, Only on second reading', as agreed by Council, by the City Clerk. Councilman Whi'taker moved to adopt Ordinance #8, Series of 1970 on 'second reading and:order the same published. SeC~onded by Councilman 'Comcowich. Roll call vote-Coun~cilmen Walls aye:; Whitaker aye.; Comcowich aye;: Vare aye; Griffin aye;_ Snott.~mYe.::,:~'~z:~: ~::~ James smith City Attorney Kern informed Council the City, Chief Ritchey, and Marion Scott have been Suit served with a suit for false arrest and violation of civil rights act. Have looked into th~ suit and it appears the suit is without foundation.~Potice Officers are.being represented by the National Sheriff's Association and Attorney Kern will represent the City. Have filed with the Federal District-Court a motion for dismissal and will be filing a brief. Pitkin Iron Informed Council a letter has been written to Mr. Clark~as retates to the' City's~suit~on MineSuit Castle Creek and representation of such. Have not received an answer. ~ Alley Also reported at~he;next:meeting of~the Council, will explain,.on;a, map~the, chain of:e~ents Block 26 as relates to the alley in Block 26. . ~ Accounts PaYahle -~Councilman Whitaker ~estioned if there were enough funds in the general Accounts Payabl fund to,pay the bills.~Administrator Whrl reported the general fund: is presently $25,000 or $28,000 overdrawn. This will be.'taken~care o£'.the revenue-from~property:taxes, whiCh las not been received from the County to date and the overage from the sales tax. Mr. Whitaker request a treasurer's report be submitted the first meeting of each month. : Mr. Wurl reported at the next meeting,~resolutions~will be p=epared_to transfer funds as pertain.s to cent~al.~-admi~istration.on' zei~bursemen~t, ~: : : ': : ~'~ ~' . Councilman Griffin moved to pay the bills as submitted by the Finance Department. Seconded by Councilmmn ComcowiCh. R~lt.ca:ll .vote ~Councilmen Whitaker nay; Walls:aye; Scott~aye;- Griffin aye; Comcowich aye; Vare aye. Motion carried,~ · : Councilman Walls moved to gon into executive session.~Seconded~.by Councilman Scott.'Alt:in~ favor, motion carried. Council reconvened in regular session at 7:00 p.m,,.wherenpon Councilman Walls moved~:to adjourn, seconded by Councilman Scott. Ail in favor, meeting adjourned. ~---~-Lorraine Graves, City Clerk :: :.' ! :: .: .