HomeMy WebLinkAboutminutes.council.19680603 9'
Regular Meeting~ Aspen Ci~ Council June 3, 1968
Meeting was called to order by Mayor Robert Barnard at 3:50 p.m. with Councilmen
Carl Bergman, Werner Kuster, John Benninghoff, Clyde Clymer and City Administrator Leon
The accounts payable were given to Councilman Werner Kuster to check.
Councilman Clymer made a motion to approve the minutes of May 20th as mailed. Seconded
by Councilman Benninghoff. Roll call vote - Councilmen Clymer aye; Benninghoff aye;
Bergman aye; Kuster aye.
ORDINANCE #21, SERIES 1968,~ AN ORDINANCE AMENDING CERTAIN SECTIONS OF TITLE XI, THE
Ord. #21 ZONING CODEOF THE CITY OF ASPEN, COLORADO, RELATING TO COMMERCIAL ZONES AND DECLARING
C-C Zone AN EMERGENCY TO EXIST was read bY title only on second reading as agreed by Council by
the City Clerk.
Councilman Benninghoff made a motion to adopt Ordinance #21, Series 1968 and order the
same published. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster aye;
Clymer aye; Benninghoff aye; Bergman aye.
ORDINANCE #22, SERIES 196:8,1 AN ORDINANCE PROVIDING FOR THE ANNEXATIONTO THE CITY OF
Ord. #22 ASPEN, COLORADO, OF THAT CERTAIN'TERRITORY OR REAL ESTATE PARTICULARLY DESCRIBED IN~ THIS
Segal Annex. ORDINANCE, LYING OUTSIDE OF BUT ADJACENT TO THE CITY OF ASPEN, COLORADO, was read by
title only, as agreed by Council, on second reading by the City Clerk.
Councilman Bergman made a motion to adopt Ordinance #22, Series 1968'on second reading
and.order the same p blzshed~ Seconded by Councilman Kuster. Roll call vote - Councilmen
Benninghoff aye; Bergman aye; Kuster aye; Clymer nay.
Overhang Tom Daly Request - Request approval of a 5' to 8' overhang.
Daly
Administrator Wurl report~ed in the past it has been the policy of the City to approve
andencourage overhangs.
Councilman Kuster made a motion to approve an overhang for Tom Daly's building. Seconded
by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Kuster aye; Bergman aye;
Benninghoffaye.
Mr. Daly also request approval to use the street for storage on the south side of his
Street use proposed development. Fence installed by the Ski Corporation would have to be removed,
Storage of which t~ey approve providing Mr. Daly submits a letter to them upon their recommendati~?
the fence will be put back, that it witl~be done.
Council discussed the requirement of a bond to guarantee clean-up.
Councilman Clymer made a motion to grant permission to store material on Dean Street
Dean St. to Mr~.iDaly until December 1, 1968 and Mr. Daly to submit a $500 bond, Seconded by
Councilman Benninghoff. Roll call vote - Councilmen Kuster aye; Benninghoff aye; Bergman
aye; Clymer aye.
Mrs. Catherine Franklin was present and request delivery~trucks back into the alley
from First Street to reach the Nugget.
Alley - Nugget
Permission was granted to the Nugget in May of 195~ to close off the alley behind the
Nugget except for emergency vehicles. Nugget has planted part of the alley. Mrs.
Franklin explained the Nugget has not kept the alley clean.
Councilman Clymer made a motion to instruct Administrator Wurl to negoiate with the Nuggel
go clean up the alley or it.will be opened up, Seconded by Councilman Benninghoff.
Roll call vote - Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye.
Mayor Barnard opened the public hearing on zoning of the Adki~ Property.
Zoning - Adkin R-15 zoning recommendation was submitted to Council from the Planning and Zoning Comm-
Property issor~:
No comments were made.
CouneiLreques~ an ordinance be prepared showing R-15 zoning for this annexed property.
Mayor Barnard closed the Public hearing.
A Mayor's Deed to Ellen S. Nicholson was submitted to Council. Council agreed to have
Mayor'd Dee the Mayor and CityClerk sign the de~d.
794
Regular Meeting Aspen City Council June 3~ 1968
Little Bavaria decision on public hearing of alleged violation. Councilman Clymer ~ittle Bavaria
made a motion the 3.2 Beer License held by Little Bavaria be suspended for 30 days Probation
but the total 30 days to be held in abeyance - 30 days probation period. Seconded
by Councilman Benninghoff. Roll call vote - Councilmen Bergman aye; Benninghoff aye;
Clymer aye; Kuster abstain.
Home Rule Government - A petition bearing 72 qualified signatures was submitted to
the coUncil with the following heading: Home Rule Gov.
"We, the undersigned, being residents and citizens of the City of Aspen, Colorado,
and otherwise qualified electors of the municipality of the City of Aspen, Colorado, Petition
do hereby petition theCity Council of the City of Aspen, Colorado, to call a special
election for the purpose of submitting to the qualified electorage of said municipalit5
the following question:
SHOULD THE CITY OF ASPEN, COLORADO TAKE,STEPS TO CALL AND ELECT A CHARTER CO~ENTION
TO DRAFT A HOME RULE CHARTER WHICH WILL LATER BE ADOPTED OR REJECTED BY THE ELECTORS?"
ORDINANCE #23, SERIES 1968, AN ORDIRRNCE CALLING A SPECIAL ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, THE QUESTION OF SAID CITY TAKING Ord. #23 calling
STEPS TO CALL AND ELECT 'A CHARTER CONVENTION TO DRAFT A HOME RULE CHARTER was read 1st elec.
in full for the first time by the City Clerk.
Councilman Kuster made a motion to adopt Ordinance #23, Series 1968 as read in full
for the first time and order same published. Seconded by Councilman Bennighoff.
Roll call vote - Councilmen Clymer aye; Kuster aye; Bergman aye; Benninghoff aye.
Attorney - Administrator Wurl recormmend Attorney Allen Thulson of Glenwood Springs
who recently worked with Glenwood on their Home Rule Proceedings. Retain Attor.
Thulson
Councilman Clymer made a motion to engage AttorneyThulson of Glenwood Springs for
legal services on Home Rule Proceedings. Seconded by Councilman Benninghoff. Roll
call vote - Councilmen Bergman aye; Benninghoff aye; Kuster aye; Clymer aye.
Mr. Stan Bealmear was present and request approval from Council to close the alley
behind Sabatini Sports when necessary during construction at Sabatini Sports. Alley-Constru%tio]
Bealmear
Councilman Clymer made a motion to grant permission to Stan Bealmear to close the
alley behind Sabatini Sports when necessary but to keep the alley open as much as
possible. Seconded by Councilman Benninghoff. Roll call vote - Councilmen
Benninghoff aye; Kuster aye; Bergman aye; Clymer aye.
Accounts payable - Councilman Kuster request the bill of Attorney Clinton Stewart
relating to Court Action of Hodge-Oliver be broken down and itemized. Accounts payable
Also questi ned the bill submitted by Dooger Digging. Finance Director Flewelling Clinton Stewart
explained that each project is billed separately to the City. Bill
Councilman Kuster made a motion to approve the bills as submitted with the exception
of Attorney Clinton Stewart. Seconded by Councilman Clymer. Roll call vote - Council.
men Clymer aye; Benninghoff aye; Kuster aye; Bergman aye.
Mayor and Council Observations - New item on the agendawh~reby the Mayor and Council-
men may make any counnents or requests that theymay have.
Angle Parking - Councilmen Kuster rDported the people are against the parallel parking angle parking
Administrator Wurl reported out of 17 accidents on the east side of Wagner Park, 5
are contributed to angle parking.
Councilman Kuster outlined the people are against it, lack of p~aces to park and this
is causing people at the post office to park illegall~yin the alley.
Councilman Benninghoff pointed out the 2 hour parking will take care of lack of
pmrking spaces. Keep the parallel parking for the 90 day period and then review it
again.
George Odier reported the Chamber is receiving complaints on the parallel parking.
Councilman Bergman stated lack of parking will drive the businessness out of the
downtown area.
Councilman Bergman made a motion to reinstate the angle parking the same as it was
before. Seconded by Councilman Kuster. Roll call vote - Councilmen Bergman aye;
Kuster aye; Benninghoff ~; Clymer nay; Masor Barnard nay. Motion uncarried.
795
RC~U] m~.. Me_e]:~.ng A~=pe~_~_itM_Council June 3 ,_ 1968
Councilman Clymer stated he would go along with some angle parking say the east side
angle parking 1/2 block by Wagner Park. Donot agree with angle parking in the downtown. Angle
parking should be on the sunny side Of the street, accidents caused by trying to back
out on ice and snow.
Councilman Kuster made a motion that we have angle parking from Dr. Barnard's alley to
the Monntain Chalet and at the Post.Office. Motion died for lack of second.
Mr. C. M. Clark stated put in the one way streets and then the angle parking. Council
stated.one way streets recommendation should come from the Planning and Zoning Commissio..
Council agreed to leave the parking as it is now for the 90 day period and then review
it again.
Cooper Street Bridge - Council questioned Mr. Wurl when the walking bridge would be
Cooper St. Bridge removed since it has washed away from both sides.
Administrator Wurl reported the word from the State is, the walking bridge would be
removed on June 4th, bridge would be open for traffic the end of this week and so would
the pass.
Councilman Clymer questioned if it is legal for condominiums to buy water through a
master meter. Finance Director reported that itwas.
Sales Tax Suit Administrator Wurl reported the City had been served this morning -
Sales Tax-Whitake Francis Whitaker dba Mountain Forge vs City of Aspen and Sam Lum Treasurer of the City
of Aspen. City was served with a complaint and preliminary injunction. Also reported
the hearing is scheduled for June llth Rt 9:45 p.m. Copies of the complaint were
submitted to Council.
Mayor Barnard request the following letters be made a part of the record:
An Open Letter:
To all Aspen City Officials named as defendants in Civil Action Nos. 3887 and 3888.
The events leading up to the above actions, culminating in the District Court Decree
of May 14, 1968 are so serious that no Board or Commission, nor any member thereof
can ignore them.
The statement in the Decree that "the defendants answers having been withdrawn" is
equivalent- to an admission of guilt as charged. As a member of the Aspen Planning
ahd Zoning Commission for five years, during which I have conscientiously discharged
my duty, I resent the guilt by association.
The Planning and Zoning Commission must take positive action to restore the public
confidence which, has' been'destroyed by "arbitrary and capricious action - and -
an abuse of its discretion".
The Planning andZoning Commission should ask Dr. Robert Barnard and Joel Hartmeister
to resign. Dr. Barnard is specifically mentioned ~n the complaints and his' business
a~sociate is equally responsible. Failure of the Commission to act will be a tacit
approval of the actions of these two members, and public confidence in the Commission
will never be-restored as long as they are members.
If Dr. Rarnard and Mr. Hartmeister do not resign, the Commission should request the
Aspen City Council to.remove them from office for malfeasance in office as provided
for in Section 139-59-3 of the Colorado State Statutes. Ample grounds for this
removal are set forth in the abo~e mentioned Civil Actions.
The Commission should further request that the Ordinance on Planning Commission
membership-should be-amended to provide for membe.vsRip as follows:
(1) A member of the City'Council, selected by the Council, who shall hold office
for the termof his election as aldemman.
(2) -Six members, who shall hold office for the term of six years, except that the
respective terms shall be staggered so as to provide for two appointements each two
years.
This will provide a Commission appointed by the Council, without the present domination
by the Mayor, an impossible situation,
Further, both the Planning andZoning Commission and the Board of Adjustment should be
assured by the City Council of proper legal representation at every meeting. Much of
the present dilemma has been caused either by lack of legal advice, or by ignoring it.
The public is entitled to fair and impartial administration of the law, without the
above actions, there will be no assurance of such fairness and impartiality.
796
Regular Meeting Aspen,City Council June 3, 1968
An Open Letter:
~hitaker dispute
Now comes to hand a letter from Francis Whitaker in. which some wildly inaccurate and
deceptive charges and statements are made. The third paragraph of his letter he
states "As a member of P & Z for five years during which I have conscientiously dis-
charged my duty," etc. On examining the record, we find he has attended during this
year only one-half of the meetings of tho P & Z. His arbitrary nature makes it
extremely difficult for the Commission to function and months and years passed without
taking action in vital metters to the City of Aspen. In the s~me. paragraph he continue~,
"I resent the guilt by association." Briefly stated,.I ama partner with Dr. Robert
Barnard in the Herron Apartments located in. the 300 block of.West Main Street. These
seven units of low-cost rental housing are occupied on a long-term basis by residents
of Aspen. Our units rent for $75.00 to $150.00 per month for a two bedroom, two bath-
room unit, the most expensive.
In paragraph one, Whitaker refers to the Civil Action Nos. 3887 and 3888. He was out
of town when this court action was decided at the local courthouse. Iwas neigher~
subpoened or served with any papers requesting my presence at this court action
on the 14th of May 1968. Yet, I was voluntarily present at the courthouse on May 14th.
By my association with Mayor Barnard, this same F. Whitaker wants to paint me with the
brush he dosen't want to be touched with as a member of P & Z.
I heartily accept these charges of Fo Whitaker and will stand by every decision and
vote cast by me while on P & Z. Dr. Barnard and I have been associated more years
than Mr. Whitaker~ has been in Aspen. Whitaker told me in August,of 1966 that he had
taken in more money in his business during seven months of that year.than he had
ever made during any of the years he had been in business. That is commenda~le~[
However, this same Whitaker like any smart R-- on a sinking ship, left California
and came to our community after he and his fellow Californians had gotten the
Real Estate and other matters so screwed up (he lived and was in City gov't in Carmel)
that he now wants to do the same favors for us here in Aspen.
In his second-last paragraph he states "We should have legal ~onnsel at P & Z meetings.
Whitaker stated to me on the Hodge-Oliver project, "We don't need complete plans" as
required by law in Title XI ordinance of the City of Aspen, This fuzzy thinking on
his part has created innumerable problems for the P & Z and the City of Aspen,
particularly on this recent hassle with Hodge-Oliver. At Whitaker's insistance an ille al ~
vote was taken on incomplete plans of Hodge-Oliver. At our last P & Z meeting on
17 May 1968, Whitaker stated "We don~O need to review the plans for the Golden Horn
Restaurant remodel job." After reading to him from. Title XI .the portion of the j
ordinance dealing with-~tructure.being remodeled and the requirement of submitting
plans to the City engineer and their being reviewed by P & Z Commission, it was
decided by the members of the P & Z that a vote was required. Whitaker then concurred
with the rest of the members and the plans were unanimously accepted. After five
years one would think Mr. Whitaker would be familiar with the laws and ordinances of
Aspen. He again had been 100% wrong. Can this same Whitaker be so naive as to forget
the votes supported him for LAST in the recent Mayor's race?
This man makes money out of ra~li~gs, staircases, and ~ther material used by building
contractors. I would like to point out that his vote on the P & Z is completely in-
fluenced by his relationship with these same condominium builders and contractors.
He is not free nor able to vote honestly here in Aspen.and should resign his position
on the P & Z and move back to California and live in the mess for which he and others
like him are responsible.
I am in full concurrance with his closing paragraph. The public is entitled to fair
and impartial administrationof the law. Not just in the interests of certain "fast
buck artists" and "special interests groups", who h~ve no regard for the long range
destiny of Aspen.
/s/ Joel Hartmeister
Mayor Barnard qeustioned a person serving on two City boards and then filing a suit
against the City. Believe Mr. Whitaker has arrived at a point whereby he has outlived
his usefulness to the City Government. Recommend his removal from both the Planning
and Zoning Commission and the Board of Adjustment.
Conncilmen expressed th~ r dissatisfaction of Mr. Whitaker's recent performance.
Letter was read by Mayor Barnard from Mr. Whitaker to Councilman Benninghoff relating ~
to the condition of Neal Avenue Park and the Park Associations desire to have a picnic
there in June.
797
R~gular Meeting Aspen City Council Jun~3.,w!9~p
Whitaker disput Administrator Wurl stated the Park Association has been invited many times at budget time
to meet with the City'to discuss the parks. To da~e they have not contmeted the City as
~-, relates to the budget~. No funds have been budgeted for this park.
Councilman Kuster made a motion to instruct Administrator Wurl to ask for Mr. Whitaker's
resignation fromthe Planning and Zoning Co~m~Lission and the Board of Adjustement. Seconded
~ by Councilman Benninghoff. Roll call vote~ Councilmen Benninghoff aye; Ctymer' aye;
Request Resig Kuster aye; hergman aye.
nation.
Administrator Wurl reported 215 trees have been sold throUgh the tree planting program.
trees
Teen Center - Due to lack of time the president of each high school class has been
teen center designated to the Board. Mr. Wurl reported the owner of the sweet and sna~k is unhappy
with the City because of a soda fountain ih the Teen Center. City interferring with his
business. '
GRlf Course - Administrator Wurl reported the new course is being laid out in a preliminary
golf course way, Negoiating With Garth on the property and Gelco Leasing on construction of the course.
sales tax-Count Sales Tax - Wurl reported the County is ready to call for an election.
Aspen Sanitation District - Councilman Bergman reported work is progressing on the aux-
iliary plant.
dump Dump - Wurl reported he had written to George McCune, Maintainance man and reported the
City is not happy with his work, Mr,.McCune would like the City to buy his tractor and
do the work themselves.
Council request Administrator Wurl discuss with the County Commissioners their running
the dump and the City paying 1/2 the cost.
Discussed the old cars at the dump. Two ideas were brought out. #1 - Urge representative
vehicles at Dum to pass a law that manufactures have to use so much scrap metal in thier new cars.
Encourage the use~of scrap metal. #2 - Pay an additional fee at the time ofpurchase
of an authomobile for destruction of that vehicle.
Councilman Kuster made a motion to instruct Administrator Wurl to prepare a Resolution Ii
to be submitted to the. ColoradO Municipal League ~n Colorado Springs incorporating
these ideas. Seconded by Councilman Benningh~ff. Roll call vote - Councilmen Kuster aye;
Benninghoff aye; Bergman aye; Clymer aye.
Wagner Park - Administrator Wurl reported the school is no longer supporting their share
to Wagner Park. Commissioners request to know if the City will support 1/2 towards the
Wagner Park Park. Wurl also reported the Commissioners through the Park Association is going to run
a contest on a design for the Park. Representation would be 2 representatives from the
City and County and one from the Park Association.
Council agreed before giving an answer on support, they wish to see the design.
Ruby Park - Mr.~C. M. Clark questioned Council if they were still interested in a con-
Ruby Park ference Center on this site. Council stated they were not in a position financially
to discuss this at this time.
Bavaria Park - Administrator Wurl reported the Mid for the sprin'kling system will have
Bavaria Park robe reduced before submission to Council. Wurl reported no bids were received on the
building. City will be doing most of this.
North Side Annexation Suit - Wurl reported the pre trial conference was today. Hea~ing
N.S. Annex Suit is set for July 1st.
Red Mountain Water - Wurl reported a 100' line, some electrical work and clean up is left
R. Mt. Water to go on this project.
Merrick and Company - Wurl submitted two contracts for approval - one for a study and
Electric studie~ comparion cost of putting the electrical underground in the business district and the
other an hourly contract for additional studies and recommendations relating to the
electric department.
Councilman Clymer made a motion to authorize the Mayor and City Clerk to sign a contract
with Merrick and Company for special services of the electric department. Seconded by
Councilman Benninghoff. Roll call vote - Councilmen Kuster aye; Bergman aye; Benninghoff
aye; Clymer aye.
798
Regular Meeting . Aspen City Council June 3, 1968
Councilman Kuster made a motion the City enter into a contract with Merrick and Compay electric contract~
for studies of putting the electric underground.in the C-1 District in the amount of
$2,680.00 and authorize ~h~ Ma~or and City .Clerk ~to sign~the q0ntract. Seconded by ~ Merrick & Co.
Councilman Clymer. Roll call vote Councilmen Benninghoff aye; Bergman aye; Kuster
aye; Clymer aye.
Jeep Pick-up - Parks Department - Wur% reported the City budgeted for a vehicle for the jeep - Parks Dept
Parks Department. Mr. Bartlett would like to sell his jeep pick up to the City.
Councilman~Clymer made a motion to authorize Administrator 'Wurl to negoiate with Mr.
Bartlett for the purchase of a jeep pick up, total amount not to exceed $1800.00.
Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster aye; Clymer aye;
Benninghoff aye; Bergman aye.
Planter Strip - Main Street - Wurl suggest putting in a concrete curb and gutter and plan~ing
flowers in the middle. Council agreed to wait until fall for this project. MainSt. Planter
Letter from Mrs. Henry relating to disapproval of the parallel parking was submitted to
Council.
Councilman Clymer made a motion to adjourn at 6:15 p.m., seconded by Councilman Kuster.
All in favor, meeting adjourned.
Lorraine Graves, City Clerk