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HomeMy WebLinkAboutminutes.council.19740211 n ASPEN CITY COUNCIL . REGULAR MEETING FEBRUARY 11, 1974 Meeting was called to order by Mayor Stacy Standley at 5:25 P.M. with Coucilmembers James Breasted, Pete DeGregorio, Ramona Markalunas, Jack Walls, Michael Behrendt, City Attorney Sandra Stuller and City Manager Mick Mahoney. MINUTES '1/28/74 Councilwoman Markalunas moved to approve the minutes of January 28, 1974 as prepared and ~INUTES ~/28/74. mailed by the City Clerk. Seconded by Councilman Walls. All in favor, motion carried. Councilwoman Jenifer Pederson arrived. ACCOUNTS PAYABLE questions raised by Council on Items #82 Crystal Palace and ~92 Alexander Grant. Ex- penditure over budgeted amount -- Item #82 and break-down requested on Item ~92. ACCOUNTS Councilwoman Pedersen moved to approve the accounts payable with exception of Items~82 PAYABLE and #92 which be held in abeyance at this time. Seconded by Councilwoman Markalunas. All in favor, motion carried. CITIZEN PARTICIPATION a. - Michael Kinsley representing the Environmental Task Force stated he would like to voice his objection to the means in which the Planning and Zoning Commission reached their decision on the Clarendon. Object to the decision being made on the basis of financial feasibility. b. - Mayor Standley read correspondence from Music Associates thanking the City for the $5,000. donation. PUBLIC HEARINGS, SECOND.~READINGS Ordinance 91, Series of 1974 -- Mayor Standley opened the public hearing. City/County Planner Herb Bartel outlined on the map the location of the 8040 line as re- lates to city boundary line. Further reported the land between the 8040 line and city boundary has been proposed for R-15 (3 units per acre) and A/F zoning. Mayor Standley closed the public hearing. Councilwoman Markalunas moved to read Ordinance 91, 1974 on second reading. Seconded by Councilwoman Pedersen. All~!i~in favor, motion carried. ORDINANCE 91, SERIES OF 1974, AN ORDINANCE AMENDING THE ASPEN ZONING DISTRICT MAP REZONING FROM AR-1 ACCOMMODATIONS RECREATION-URBAN DISTRICT TO AF - AGRICULTURAL/FORESTRY DISTRICT PUBLIC HEARINGS ALL THAT LAND WITHIN THE SOUTH ANNEXATION TO THE CITY OF ASPEN AND ABOVE~8040 FEET MEAN SECOND RE'ADINGS' SEA LEVEL, SAID ELEVATION TO BE ESTABLISHED FROM U.S.G.S. BENCH MARK IN THE WALL OF THE SOUTHWEST CORNER OF THE PITKIN COUNTY COURT HOUSE, ELEVATION 7906.802 FEET was read by title by the City Clerk. COuncilwoman Pedersen moved to adopt Ordinance 91, Series of 1974. Seconded by Council- man Behrendt. Roll call vote - Councilmembers Pedersen aye; Breasted aye; DeGregorio aye. Motion carried. Ordinance 94, Series of 1974 -- Mayor Standley opened the public hearing. There being no comments, Mayor Standley closed the public hearing. Councilman DeGregorio moved to read Ordinance 94, Series of 1974 on second reading. Se- conded by Councilwoman Pedersen. All in favor, Motion carried. ORDINANCE #4, SERIES OF 1974, AN ORDINANCE AMENDING ORDINANCE NUMBER 39, SERIES OF 1973, TRANSFERRING $1,799,569.00 IN REVENUES FROM THE LAND ACQUISITION FUND TO THE TRANSPORTATIO~ FUND ESTABLISHED BY ORDINANCE 38, SERIES OF 1973; REDUCING THE EXPENDITURES IN SAID LAND ACQUISITION FUND ATTRIBUTED TO INTEREST EXPENSE, LAND AND LAND RIGHTS, OTHER SERVICES, LIGHTING SYSTEM AND LAND DEVELOPMENT; INCREASING EXPENDITURES IN THE TRANSPORTATION FUND ATTRIBUTABLE TO LAND AND LAND RIGHTS, OTHER SERVICES, LIGHTING SYSTEM, LAND DEVELOPMENT AND INTEREST EXPENSE: ALL TRANSFERS TO CORRECT THE EARLIER ENTRIES MADE IN SAID ORDINANCES 39 AND 38, SERIES OF 1973, SO AS TO REFLECT THEIR PROPER ALLOCATION TO THE LAND TRANSFER AND TRANSPORTATION FUNDS was read by title by the City Clerk. Councilwoman Pedersen moved to adopt on second reading Ordinance 94,~Series of 1974. Se- conded by Coucilman DeGregorio. Roll call vote - Councilmembers Behrendt aye; Walls aye; Markalunas aye; DeGregorio aye; Breasted aye; Pedersen aye; Mayor Standley aye. Motion carried. RESOURCE CONSERVATION AND DEVELOPMENT Mr. ~B~omquist, County Administrator, reported this organization includes representation from cities and counties and it seems anyone who wishes to join. Report recently sub- mitted which included many projects for Pitkin County. Mr. Blomquist and Mayor Standly objected to some of t~e projects which resulted in their withdrawal of some of the pro- jects. !~j~'d~!p~si~ere vague. Further request that we reserve the right to ~Ork a~ively in the future in listing projects for this area. RESOURCE Recommend the City and County remain as sponsors so that in the future will be able to CONSERVATION bring about change. AND DEVELOPMENT Councilwoman Markalunas moved to table this item till the next meeting. Seconded by Councilman Breasted. All in favor, motion carried. Council indicated their desire to know who the members are from this area. Councilwoman Markalunas moved to not endorse this organization until further information is received and have reviewed the report. Seconded by Councilman Behrendt. All in favor, motion carried. PARKS AND RECREATION a. - Golf Course Proposal - Director Ted Armstrong reviewed with Council overlays of the proposed recreation comples for the golf course area or Area I as outlined in the Parks' and Recreation Comprehensive Development Plan. Mr. Armstrong pointed out the develop- ment of Area I will provide numerous recreational facilities, open space for leisure use a and insure a greenbelt area north of Highway 82 between Castle Creek and Maroon. Also provide the following: (1) additional facilities, (2) source of revenue to cover current PARES AND maintenance costs, (3) properly maintain, by irrigation, agaist the fire hazard, (4) in- RE'CREATION sure retention of current water rights, (5) a plan which will enable the City from year to year to budget major improvements, (6) enable the City to intelligently review current lease of the Ptarmigan Lodge, (7) provide playfields to meet the increasing demands, (8) ! i l I~ provide a basis to continue the master trail plan, and (9) provide playgrounds an~ tot lots for the residents in that area. Total estimated population in Area I at the present time is 578.7 people. Manager Mahoney and Mr. Armstrong proposed and submitted phased schedule for the construc- tion of additional 9 holes of golf. It was reported the project would be accomplished utilizing present city equipment and personnel. Some donation of labor and quipment have been offered, plus some professional guidance maybe required to finance this project sug- gest the following: (1) auction or sell lot on the golf course property, (2) allocate current dedicated funds from developers which is estimated at $100,000, and (3) budget for completion of complex which is to include an automatic irrigation system. Request from Council permission to go before the Planning and Zoning Commission for approval. Councilman Walls moved the administration proceed with the approval process of the plan. Seconded by Councilwoman Markalunas. Planner Berter reported all the constraints given to the recreation department have been incorporated in the plan. Those elements being (1) keep Maroon Creeks area as a conserva- tion are, (2) keep a landscaped edge to the City, setting a good example along Highway 82 so that a scenic view will be maintained, (3) keep Thomas property as open space, (4) in- clusion of trail as outlined in the trail plan. An 18 hole golf course is an appropriate use for this land. Question was raised as to how this plan wou~d affect future development of Highway 82. Mr. Bartel explained this plan would limit the design options as relates to the highway in that area. There are still a number of options but they will be expensive to implement. Mr. Dunaway of the Aspen Times informed Council the people voted on the purchase of that land as open space not for highway consideration. All in favor, motion carried. b. - Parks and Recreation Comprehensive Development Plan - Mr. Armstrong reported he re- PARKS AND ceived complete approval of the plan from the P & Z Commission. Mr. Ed Del Duca, Assist- RECREATION ant City Engineer, reported the present 4% dedication requirement of the subdivision re- gulations is below the national standards. Mr. Armstrong explained the plan is flexible, projects will be constructed as required to meet current demands' and Would_ not have to be i~ the areas as~in~icated in the plan - the plan represents the ultimate. Mr. Del Duca also stated the plan will be helpful in the planning process of land use for different areas. Council request Iselin Park be included in the total park area. Councilman Walls moved to adopt the Parks and Recreation Comprehensive Development Plan as submitted. Seconded by Councilwoman Markalunas. A1 in favor, motion carried. c. - Master Trail Plan - Mr. Armstrong reported, as requested by Councilman Behrendt, a trail on the east side of Shaddow Mountain to the top has been included in the amendments. Councilman Breasted moved to approve the plan as amended by Councilman Behrendt. Seconded by Councilwoman Pedersen. All in favor, motion carried. APPOINTMENTS a. - P & Z - Councilwoman Markalunas nominated William Campbell, Councilwoman Pedersen nominated Janet Landry. Secret ballot determination - Janet Landry appointed to fill vacancy of James Adams. b. - HPC - Two positions open based on a board of seven under Ordinance 936, 1973. APPOINTMENTS Councilwoman Pedersen nominated Lary Green. Councilman Walls nominated Mona Frost. Coucilman Breasted nominated Norman Burns. Paper ballot determination - Lary Green and Mona Frost appointed. VIEW PLANES Ordinance 95, Series of 1974 - Councilman De Gregorio moved to read Ordinance ~5, Series of 1974 on first reading. Seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE 95, SERIES OF 1974, AN ORDINANCE AMENDING SECTION 29-9 (h) OF THE MUNICIPAL CODE; ESTABLISHING THE WAGNER PARK, COOPER AVENUE, COURT HOUSE, WHEELER OPERA HOUSE, RUBEY PARK AND MAIN STREET VIEW PLANES: AND REQUIRING, IN CERTAIN AREAS AFFECTED BY THE VIEW PLANES, DEVELOPMENT UNDER SECTION 24-10.1, PLANNED UNIT DEVELOPMENT was read by title by the City Clerk. Councilwoman Pedersen moved to approve on first reading Ordinance 95, Series of 1974 and VIEW PLANES schedule hearing on same for March 25, 1974. Seconded by Councilman DeGregorio. Planner Herb Bartel reported P & Z has reviewed all comments since 1969 as relates to view planes. A preliminary design plan was done in 1972 of areas that should be con- sidered. View plane map was reviewed by Council. Mr. Bartel informed Council the next item to come before them will be historic district including all the area between Hunter and Monarch. Roll call vote - Councilmembers Pedersen aye; Breasted aye; DeGregorio aye; Markalunas aye; Walls aye; Behrendt aye; Mayor Standley aye. Motion carried. TRANSPORTATION TASK FORCE REPORT Report was submitted for Council to review. Manager Mahoney stated the report is based on TRANSPORTATI05 joint cooperation with the County as relates to trnasportation. Will be requesting Coun- TASK FORCE cil approval at the next meeting. REPORT DISCUSSION ITEMS a. - Inventory of City. Councilman Breasted stated he had requested this item be on the agenda; we are not proceeding in the right direction. Inventories have not been done - densities etc. - to know what we have. There needs to be a physical inventory as well as an economic inventory. Mr. Bartel stated he was not aware of exactly what CounCil is requesting; have made a list of the projects under way; $200,000 worth of Studies are under way not including the high- way study which is $64,000. These studies represent projects which the Planning Office is in in one way or another. A list of studies/plans that have been adopted was submitted to Council. Do not have a work schedUle of specific inventory framework. Question was raised as relates to expanding the Planning OffiCe. Mr. Bartel explained his office has not been able to do the land use, public buildings etc inventories, due to lack of time. Mr. Bartel requested a study session with Council to discuss the total program of the Planning Office~ CounCil agreed to hold the next regular meeting agenda short and include a study session with the Planning Office. DISCUSSION b. - Economic Inventory, Charles Vidal - Mr. Vidal stated he advocates more planning in a ITEMS broad sense. Planning has become so sophisticated people do not understand it. Do not see how the City and County can plan independent of each other, where goals and policies are being sbt independantly. Propose planning areas with the following planning frame- work which should include consideration of the financial or economic impacts, trade-offs, taxes, revenue sources etc.; the functional items, i.e. transportation, utilities, parking etc.; the physical, i.e. density, land use, Physical constraints, location, etc.; the plitical, i.e. public understanding and acceptance, goals, and objectives, communcations; the legal implications, i.e. due process, constitutionality, regulations, procedures etc.; control, i.e. administrative, follow-up. In addition you need the tools to help you make better decisions and be able to justify the decisions you make. Those tools being (1) Land Use Inventory which might include by area the amount of vacant land, possible transi- tions, tourist accommodations, commercial, multi-family for permanent housing, single family dwellings, etc. Another tool being (2) Area characteristics including size, proxi- mity to skiing and transportation, water a sewer capacity, slope, drainage, views, xchools etc. Another tool (3) Inventory Translation for Each Growth Rate which would include the existing and new tourist accommodations, commerical, multi-family and single family for each area. Tool also to be considered is (4) New Capital Requirements showing the pro- posed methods of financing, source of repayments and amOun~ Of dollars per year. (5) The Economic Impacts must Relate to the Various GrOwth Rates by consideration of mill levy, sales taxes, revenue sharing, costs of providing police protection, utilities, roads, hospitals, schools, transportation, airport, open space, etc. MINIBUS FINALIZATION Mayor Standley requested Council decision on details for the finalization of the buses - color, seating, type of fuel and optional items of engine and/or transmission heaters. Councilman Breasted moved to approve the options and include engine and transmission heaters. Seconded by Councilwoman Pedersen. It was pointed out the extra cost should not exceed $2,000. All in favor, motion carried. Seating - It was pointed out for the joint bus with the county, city must decide on either MINIBUS perimeter or row seating. FINALIZATIO! Councilman DeGregorio moved to approve the perimeter seating. Seconded by Councilman Breasted. All in favor, motion carried. Fuel - It was reported by Councilwoman Pedersen that after research if is found gasoline is still the most effective. Councilman Breasted moved to accept the gasoline fired engine. Seconded by CoUncilman DeGregorio. Councilmembers Breasted and DeGregorio aye; Councilmembers Pedersen, Marka- lunas, Walls, Behrendt, and Mayor Standley nay. Motion NOT carried. Council requested further research be done as relates to natural gas. Color - Mr. Joe Wells was present and suggested a darker color which will give the buses more weight. Councilman DeGregorio moved to accept a bright red. Seconded by Councilman Breasted. Councilmembers Walls, Breasted and DeGregorio aye; Couneilmembers Pedersen, Markalunas, Behrendt and Mayor Stand, nay. Motion NOT carried. Councilwoman Markalunas moved to approve the green as shown. Seconded by Councilwoman Pedersen. Councilmembers Walls, D~Gregorio, and Breasted nay; Councilmembers Pederson, Markalunas, Behrendt and Mayor Standley aye. Motion carried. City Attorney Stuller reported the manufacturer is asking for an additional $13,000. The contract does not elude to an additional payment, only the $20,000 deposit with a balance of $53,000 upon delivery. City Attorney to relate the City's lack of knowledge as relates to additional $13,000 due now. CITY MANAGER a. - Manager ~&honey requested a study session with Council to discuss utility rates. Mr. Mahoney to schedule the following week. b. - Mr. Mahoney introduced Larry Simmons who will be the full time Urban Economist for the City. Also Francis M6jo who will be working part time. c. - Councilman Breasted moved to approve a $50.00 per month salary increase for the Municipal Judge as budgeted. Seconded by Councilwoman Pedersen. All in favor with ex- ception of Councilman Behrendt who voted nay. Motion carried. d. - Post Office, King - Planner Bartel informed Council Mr. King from San Francisco would like to meet with the Council. Council requested he be invited to appear at the next regular meeting, February. 25, 1974. e. - Bus Routes - Manager Mahoney submitted a status report on present system. Suggestion made the two buses go the entire route which would cut down on availability of service due to break down and would provide 20 minute service. Council reported service should CITY MANAGER ~.j not be interrupted since a 3rd bus is supposed to be available for that purpose. Councilman DeGregorio moved that there be no changes in the system at this time. Seconded by Councilwoman Pedersen. Councilman Breasted nay; Councilmembers Pedersen, DeGregorio, Markalunas, Walls, Behrendt and Mayor Standley aye. Motion carried. CITY ATTORNEY Ordinance #3, Series of 1974 - Mr. Vic Goodhard stated he has $90,000 invested in the over- head system. The previous Council approved this type of operation. Concerned that each administration will change the legislation as relates to trash collection. Council re- quest prior to 2nd reading, Mr. Goodhard make an inventory of the different containers and meet with Manager Mahoney as relates to the changes that would be necessary to comply with the ordinance. Councilman DeGregorio moved to read Ordinance #3, 1974 on first reading. Seconded by CITY ATTORNEY Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~3, SERIES OF 1974, AN ORDINANCE AMENDING CHAPTER 10 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ALLOW TRASH CONTAINERS GREATER THAN PRESENTLY ALLOWED; PROVIDING FOR PLACEMENT OF CONTAINERS OUT OF PUBLIC VIEW AS MUCH AS REASONABLY POSSIBLE; AND AUTHORIZING THE CITY ADMINISTRATOR TO GRANT EXCEPTIONS TO THE REQUIREMENTS OF THIS CHAPTER WHEN THE APPLICANT ESTABLISHES ENFORCEMENT WILL PRESENT UNNECESSARY HARDSHIP OR PRACTICAL DIFFICULT- IES was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance #3, Series of 1974. Seconded by Councilman Breasted. Roll call vote - Councilmembers Pedersen aye; Breasted aye; DeGregorio aye; Markalunas aye; Walls aye; Behrendt aye; Mayor Standley aye. Motion carried. COUNCILMEMBER COMMENTS a. - Councilwoman Pedersen request something be done about the collection of ice and snow on the sidewalks in the downtown area, dangerous conditions exist. Councilman Breasted moved to instruct the City Manager to see that all unshoveled side~ walks in the downtown area are issued citations tomarrow. Seconded by Councilwoman Pedersen. All in favor, motion carried. b. Councilman DeGregorio reported underaged kids are frequenting establishments where hard liquor is sold. c. - Councilman Behrendt questioned the status of business licenses Finance Director Ni~on reported he has not compiled the applications in order to determine who is deliquent. d. - Mayor Standley stated he had been attending Planning and Zoning meeting and dis- pleased with what the Commission is doing and how they are doing it. The Commission is not doing the job the City as asked them to do, they are being manipulated and pushed -~ P ~oUNCILMEMBER around by developers and attorneys. The Commission is supposed to develop the criteria COMMENTS for Ordinance #19, up-date the Master Plan, up-date the zoning regulations, no determina- tion of ultimate land use and open space has been decided. Presently lack confidence in the Commission, suggest drastic changes be made in the composition of the board. Re- commend the Council ask for their resignations and interview each member again and make appointments. Councilman Walls stated he did not agree with stacking boards and commissions with persons who have the same philosophy as individual councilmembers. Disagree with the "rubber stamp" approach. Councilman Breasted stated the P & Z membership should be comprised of strong people who know Ordinance #19 and understand planning so they can direct the Planning Office. Do not feel the Commission is doing the job they were appointed to do. Councilman DeGregorio stated people on the Commission should be able to act objectively. Councilman Behrendt stated the Council is lacking in giving direction. The Commission does not understand their relationship to the Planning Office. Councilman Walls suggest the Planning Office be re-evaluated. Councilwoman Pedersen stated she had been attending P & Z meetings and their approach to problems is extremely superficial. They ask no questions, there is no interest, no curiosity as to what is put before them. The Commission makes no demands on people. Councilman Breasted moved to ask for resignations of the members of the Commission in total with exception of Janet Landry. Seconded by Councilman Behrendt. After further discussion it was agreed to hold an executive session with the Commission on February 12 at 4:00 P.M. Councilman Behrendt withdrew his second~ Councilman Breasted withdrew his motion. Councilman DeGregorio moved to adjourn at 9:50 P.M., seconded by Councilwoman Pedersen. Ail in favor, meeting adjourned. "Councilwoman Markalunas remarked the manner in which this situation is being handled, may jeopardize chances in the future of getting people to serve and apply to boards and commissions. It sounds like Council is running the board which is not the way it is in- tended P & Z should operate. Just about all the members on the P & Z are new members, do not think they all understand what their functions are. Do not agree w~th the way this situation is being handled." a ~__J~i ' ves, City Clerk