HomeMy WebLinkAboutminutes.council.19700126 · - · - ~s_.en ozc_-_ uouncli JanuarYS970
CCA Proposals. (e) Explore and make recommendations, including the zoning of. specific area, if necessary,
for employee housing and the establishment of a housing authority;
(f) Review curb cuts and driveway ordinances.
'~ (g) The establishemnt of specific dates for placing existing overhead lines and utility
services underground including a requirement that all future services be buried.
IV. Parks and Recreation District
The increasing nrbanization of the Roaring Fork Valley nexessitates the establishment of an
autonomous Parks and Recreation District, which shall, in conjunction~with the City Planner
and Planning Office and County Authorities, coordinate and implement the following projects
(a) The planning, acquisition and'maintenance of land and greenbelt areas, for parks,
recreation areas, pedeStrian and bicycle ways or lanes, bridle path s, stream,margins and
access routes and other public uses;
(b) The preservation and control of open spaces and scenic views by sightlines or corridors
in and around Aspen;
(c) Determine priorities'for the'acquisition of open spaces and other recreational areas.
V. City and County Pollution Regulations
Determine the extent of the enabling legislation at the State level and what action mmy be
taken either by the City or the County to draft a comprehensive set of regulations in order
to prevent further air end stream pollution.
Aspen School District
The Aspen Elementary and Middle Schools are presently inadequate to accommodate the influx
of new students. The School District is incapable of raising capital funds by a school
bond issue, due to certain legal impediments. In recognition of.this serious problem, the
City of Aspen shall assist the School District in any program within its delegated
Mr. Michaels also request permission to speak on Highway 82 appearing on the agenda.
Councilman Whitaker reported the Planning and Zoning Commission has scheduled public hear-
zngs on density and open space. Also the establishment of a regional planning commission zs
in the process and a committee has been established to investigate a housing authority and
low cost housing in the area and air pollution is now being considered by the County
Commissioners.
Councilmmn Walls. reported an outline of priorities would be disc~ssed later in':this meeting
Councilman Scott moved to resolve this report be entered into the minutes by the City Clerk
and Council approve and endorse the essence of this written up proposal of the CCA.
Seconded by Councilman Griffin.
Councilman Comcowich stated he was not in favor of complete endorsemen~ of all the. items
in the proposal such as establishment of an architectural control board until it is legally
looked into; financial assistance to the schools and spending City funds for. this purpose.
Councilman Walls stated he did not feel the City should be tied down nor interim zoning
changes made at this time.-
Councilman Scott withdrew his motion, Councilman Griffin withdrew his second.
Councilman omcowich moved that the proposals in the CCA document be written into the recor~
and CCA be thanked for making these' proposals available to the City Council and the City
Council will give each and every point their utmost consideration and act on each individ-
ual proposal as they come along. Seconded by Councilman Whitaker. Roll call vote - Council
men Whitaker aye; Walls aye; Scott aye.; Griffin aye; Comcowich aye; Vare. aye~
P & Z Absences Correspondence from the Planning and Zoning Commission requesting support of the p~licy of
terminating'members of the Commission who have 3 unexcused absences was submitted to the
Counc'il. Councilman Scott moved to.suppOrt and approve the policy of the Planning and
Commission relating to unexcused absences and request this be made a part of the by-laws
of the Commission. Seconded by Councilman Vare.
Councilman Sco,t.t withdrew his motion, Councilman Vare withdr.ew his motion, Councilman Vare
withdrew his second. Councilman W~itaker to work with the. City Attorney:on the changes
necessary to the by-laws~o'f the Planning and Zoning Commission to reflect unexcused absence
of its members.
Highway 82 Highway 82 - Previous Council action on record of favoring four ,lanes directly.in on Main
Street. Discussed the feelings of the Council and if this direction should be changed.
I ' Mr. Carl R. Nutzhorn of the CCA submitted to Council a letter inclu.ding a pmoposed res-
t olution, route alternates-and s~fety.,mea.sures. Mr. Nu~zhorn r~quest, Council paso'the
resolution as stated in the ~et~er.
It was pointed out the only jurisdiction the City has as relates to the highway is where
the highway enters the City. Discussed if the Council rescinds the action of the previous
Council, will this hold up construction or minimize the necessity for the highway.
Councilman Comcowich called for the question. Councilman Comcowich moved to vote on
to limit the discussion. Seconded by Councilman Vare. Roll call vote Councilmen Scott a
Griffin aye; Comcowich aye; Walls aye; Whitaker aye; Vare nay. Motion carried.
Parking Enforcement Councilman Wbitaker stated he was concerned with parking in the down
town area, particularly parking on the sidewalks. Councilman Whitaker request authorizatio~ Parking
to work with the City Attorney on a report for. the next meeting relating'to violations and
legal background on this item. Permission granted by Mayor Hoemyer. Councilman Walls re~
ported the Planning and Zoning minutes of January 20th reflect that. the Commission has
scheduled a public hearing on Parking and also,has a committee'working on. this.problem.
Highway 82 - Councilman Vare moved that the CCA's proposal be offered to the County Highway 82
Commissioners as ~a resolution since the direction of~the highway as it approaches the City
does affect the City. Seconded by Councilman Scott
Councilman Griffin.stated he.did not feel a motion was necessary,'Administrator Wurl could
convey the City's feelings to the::Commzsszoners~ ased on the discussion held this date...
Councilman Vare withdrew his motion, Councilman Scott withdrew his second. '"
Councilman Whitaker moved that the County Commissioners .be informed that. the City Council
has rescinded its approval of the four lane entrance to Aspen of State Highway 82 and
that the County Commissioners be requested to ask .the State Highway Department to delay
further action on Project. S-0D82 Bntil a comprehensive transportation plan and regional
plan has been developed..Seconded by Councilman Griffin. Roll call vote ~ Councilmen
Griffin aye; Comcowich aye; Vare aye; Scott aye.;,Walls aye; Whitaker aye.
Council request the letter and questionnaire of the CCA be made a part of the minutes, see
as follows:
"Councilman Tam Scott, Esq.
The Ward II South Citizens for Community Action Study Group on the proposed tour lane
highway wishes to state its position for the City.Council and to offer information at
this time, as follows:
Aspen is unique, and preservation and enhancement of that quality will best further Aspen!~
commercial interests---present and long term. St. Anton, long a successful Austrian ski
resort, has a two-lane road as the only route through the valley, and that narrows to one
lmne in the center of town. When the cows pass twice daily, even that one lane is totally
impassable. Ski visitors like St. Anton because of that, not in spite of it. Of course,
we do not propose~deliberate inconvemience; we oppose accepting standardized run of the
mine over capacity in the fear that we mmy not get anything if we don't take something we
don't really want, or need.
Aspen is special, it is worth some special planning, and Aspenites are ready and willing
to offer it. The originally proposed highway would have been 6 miles long and cost about
$5 million, not including delayed interchange construction. A step of such m~gnitude can
await completion of a rapid transit study and the valley ecological planning study. There-
fore, we endorse a resolution as follows:
That the Aspen City Council hereby rescinds contrary prior
requests to the State Highway Department, and requests that
further action on State Highway Project S-0082 be deferred
unitl completion of a comprehensive transportation study.
The me=it of, and reasons for that resolution are clear on its face and do not require
further exposition now.
Our study has developed three other points not .publicly presented before which are of
both immediate and more general importance·
The planning figure of 4,400 vehicles per day annual average traffic density is not a
"safety level" figure, as the general public impressions seem to have it. Sometime more
than 15 years ago, the American Association of State Highway Engineers determined a
traffic level at which they thought the average driver would ~bandon one route and seek
another, assuming it were available, to avoid the crowded feeling he experienced above
4,400 vehicles per day. This design guide for when to build four lanes instead of two
was adopted and evolved by the U. S. Bureau of Public Roads, and thus has come to us today
Aspen has summer and winter "peaks: however, with much of the rest~of the year much lower,
Urban t and 10-lane highways still endure traffic concentrations higher than 4,400 ADT on
a two lane, every morning and evening. Fortunately we have no foreseeable daily commuter
rush of comparable abruptness.
The CCA Residents Highway Fact Sheet and Questionnaire results have clearly shown Aspenite~
prefer two-lane road solutions for traffic pro,blems. Furthermore, unless the D & RG right-
of-way and or Marine Midland right-of-way are developed for vehicular access to Aspen
from the W~st, Main Street traffic in Spring and Fall w~ll increasingly deluge the school
and adversely affect any plan for pedestrian malls and central core North-South circulatio~
~The 297500 skiers per day saturation figure welcomely determined by Aspen Skiing Corporatic
(3,00OAjax, 4,000 Buttermilk, 15,000 Snowmass, 7,500 Highlands and other) can be demon-
strated to involve 5,700 ski visitor cars plus local cars and busses is a peak demand that
can be handled better in several ways than with a 25,000 ADT capacity limited access high-
way.
Rough calculation: 29,500 skier saturation, less 1,000 local
skiers equals 28,500, half of whom arrive by air or bus.
14,250 arrive by car, conservatively at 2.5 persons per car
equals 5,700 cars.
With the largest increment of bed capacity expected at Snowmass and Wildcat, it can be
fairly assumed that a significant part of those ski visitor cars.will not come to Aspen
every day, especially if a rapid transit system is built.
Safety of present Highway 82 or improved two-lane roads can be assured by guardrails,
acceleration lanes, and most important, 12 foot shoulders as exist for 5 miles from Gypsum
toward Glenwood Springs. Money saved against the proposed $5,000,000 for 6 miles could
give us this all the way to Carbondale, and buy (limited) access rights between Aspen and
the airport, or even Brush Creek, as well.
/s/ Ward II South Study Group
Aspen Citizens for Community Action"
'~esidents Highway Fact Sheet and Questionnaire
Results as of January 23, 1970.
1st Choice 2nd Choice
A. Present Road ~ 12.2 14.7
B. Present'Road Improved 47.0 37.7
C. Scaled down General 3.0 21.3
Access four-lane
D. Valley South and North 31.8 23.0
Slaughterhouse Bridge to
town
E. Highway Department Proposal 6.0 3.3
.~ Business Correspondence from t~e Aspen Chamber and Visitors Bureau was sumbitted to Council re-
Licensing lating to the licensing of businesses. Mayor Homeyer appointed Councilman Griffin to
research and report on this at the next meeting.
P. & Z.' Planning and Zoning Appointments - Councilmmn Comcowich nominated Charles Vidal for a 2
Appointments year term on the Planning and Zoning Commission. Seconded by Councilman Scott.
Councilman Comcowich moved the nominations be closed and a unanimous ballot for Charles
Vidal be cast. Seconded by Councilman Walls.
Councilman Whitaker questioned appointing Mr. Vidal to this commission who may have a
conflict of interest.
Roll call vote - Councilmen Walls aye; Comcowich aye; Vare aye; Whitaker abstain; Griffin
nay; Scott aye. Motion carried.
Councilman Scott moved to nominate John Gilmore for a 4 year term on teh Planning and Zon-
ing Commission. Seconded by Councilman Walls.
Councilman Whitaker moved the nominations be closed and a unamous ballot be cast for John
Gilmore. Seconded by Councilman Scott. Roll call vote - Councilmen Vare abstain, Comcowich
aye; Gifffin nay; Scott aye; Walls aye; Whitaker aye. Motion carried.
Councilmmn Walls moved to nominate Tom Wells for a ~ year term on the P & Z Commission.
Councilmen Vare moved the nominations be closed and an unanimous ballot be cast for Tom
Wells Seconded by Councilman Comcowicho Roll call vote - Councilmen Whitaker aye; Walls
aye; Scott aye; Griffin aye; Comcowich aye; Vare aye. Motion carried.
Boardof Adjust Board of Adjustment Member - Councilman Griffin moved this appointment be held in abeyance
ment Appo~tmen until the Planning and Zoning Commission meet and discuss a liaison member from the Plannin
and Zoning Commission. Seconded by Councilmmn Scott. Ail in favor, motion carried.
Deputy City $ouncilman Scott moved to ratify the appointment of Bertha Looney as the Deputy City Treas-
Treasurer urer. SeConded by Councilmmn Vare. Roll call vote - Councilmen ~are aye~ Whitaker~aye' Wall
"I . ' aye~ Comcowich aye; Griffin~aye; Scott aye.
~.~eputy Councilman Scott moved to ratify the appointment of Roger Rutter a Deputy Municipal Judge.
Judge Seconded by Councilman Griffin. Roll call vote - Councilmen Griffin aye;~Scott aye~ Vare
aye~ Whitaker aye~ Walls aye~ Comcowich aye.
Dale Rea ~roposed contract with D~e Rea was submitted to Council providing for up-dating of the City
Contract water map and blow ups of the water valves, measurements etc. at each intersection. Admln-
istrator Wurl reported the budget does not provide money for this purpose but request per-
mission from Council to delay the appointment of a City Engineer and assistants to off set
this expense.
Councilman Scott left Council Chambers. ~ .
Councilman Griffin moved to authorize the Mayor and City Clerk to sign the contract pend- Dale Rea
ing approval 'of the contract by ,the Ci*ty Att.orney,:~Seconded by Counci*lman Vare, Roll. ca~lt Contract
vote - Councilfmen Walls aye; Whitaker aye; Vare aye~ Griffin aye~ Comcowich aye; Council,
man Scott proxy by. Mayor Homeye~.aye,~* ~ ~ ~ - ~ .,-~ ~
Swimming Pool - Administrato~-.Wurt ~ported and su.bmitted.agreemen.ts with the State Game Swimming
and Fish Department requiring a guarantee of 50& of the construction~cOs~s by the City for Pool
the. pool in the event the grant is awarded.
Councilman. Scott returned.,,~ ·
Councilman Scott moved to authorize Administrator Leon Wurl to sign the contracts subject
to the County Commissioners agreeing.to, participate 47%. Seconded by Councilman Walls, All
in favor, motion carried., .
Glory Hole Park Agreements..v Require-authorization for Mr,. Wurl to,sign to,contracts bef0r~ Glory Hole Park
receiving the $5300 grant. Councilman Scott move~ to authorize Administrator Wurt to sign Grant
the contracts with the Colorado Land and Water Conservation. Seconded by Councilman Whit-
aker. Ail in favor, motion carried.
Construction Barricades - Administrator Wurl request guidance from Council on permission Construction
by the City for the constructions of walkways, canopies etc. Previous Council wished to Barricmdes ,
review all requests prior to permission being granted~ Council agreed to have this handled
at the administrative level but Council be informed iQ advance of.who~is applying and for
what
Pay Estimate, White Construction - Estimate was submitted in the amount of $39,712,87 for White Construct-
Council's approval. Councilman. Comcowich moved to approve payment to White Construction ~: ion, Pay Estimate
in the amount of $39,712.87. Seconded by COuncilman Scott. Roll call vote - Councilmen
Scott aye; Comcowich aye; Vare~aye; W~lls aye; Whitaker aye; Griffin aye.
Bank of Aspen Proppsal - Proposal for the payment of the motorgrader was submitted to Motorgrader
Council by the Bank of Aspen based on a loan to the City in the amount of $32,000 at a Funding
rate of 6% simple interest per annum.
City Attorney~Kern informed Council, under,the State statutes*the City cannot contract any
indebtedness without a vote of the people.,TheBank, could purchase the motorgrader and ~ .
the City lease from the bank. Council agreed to authorize the City Attorney to negoiate
with the Bank of Aspen on the funding:of the motorgrader.
Rmlison - Administrator Wurl reported he hid sent the letters as requested by Council and Rulison
letter fromMr. Donald P. Dubois of the Department~of Heat~h,~Education and Welfare was
read by Administrator Wurl relating this be tabled till such time as the judge rules on:the
case now under consideration.
Mr. Dunaway of the Aspen Times request copies of the material which i~.submitted to Council
be also available for the press. Copies to be made available for the press at Council
meetings.
ORDINANCE #1, SERIES OF 1970, AN ORDINANCE PROVIDING FOR SPECIAL ELECTION O~ CHARTER CON- Ordinance #1
VENTION MEMBERS FOR CHARTER. CONVENTION FOR THE-CITY O~ASPEN, COLORADO;,~IXING THE TIME , Home Rule Elect
NAD PLACE WHERE SUCH CONVENTION SHALL BE HELD; PROVIDING *FOR THE COMPENSATION OF cHARTER ion
CONVENTION MEMBERS; AND PROVIDING TIME FOR A SPECIAL ELECTION FOR THE ACCEPTANCE OR RE-
JECTION OF THE PROPOSED CHARTER.was .read:by title.only, as agreed by Council~ on second
reading by the City Clerk.
Councilman Scott moved to adopt Ordinance #1, Series of 1970 as prepared and read and orde~
the.same published. Seconded by Councilman Walls. Roll call vote - Councilmen Griffin aye~
Scott aye; Walls aye; Comcowich aye; Vare aye; Whitaker~aye.
Annexations - Council.man Whitaker read a 'report he had~prepared relating to streets in Streets in
annexed territories. Attorney Kern state Mr. Whitaker's report pertains to streets where Annexed Territor]
there is a'.major s. tree~ plan. The annexations now*~taking~place .do not have a major street~ ~
plan. . .
ORDINANCE #2, SERIES OF 1970, AN ORDINANCE PROVIDING FOR THE ANNE%AT'ON TO THE CITY OF Ordinance #2
AS~EN, COLORADO OF THAT CERTAIN TERRITORY OR REAL ESTATE PARTICULARLY DESCRIBED IN THIS Brownell Annex.
ORDINANCE, LYING OUTSIDE OF, BUT ADJACENT TO THE CITY OF ASPEN, COLORADO was~ead~,.by~:~tmtle'
only, as agreed by Council, on second reading by, the City Clerk.
Councilman Scott moved to adopt Ordinance #2, Series of 1970 as prepared and read and orde~
the same published. Seconded by Councilman Walls. Roll call ¥ote - Councilmen Comcowich
aye; Whitaker aye~ Walls aye; Scott aye; Griffin aye~ Vare aye.
ORDINANCE-#3, SERIES OF 1970 - Tabled pending negoiations with Mr.: Brinkman on the private
road.
Ordinance #4, SERIES OF 1970 - Tabled pending negoiations with the Bank of Aspen
Ordinance ORDINANCE ~5, SERIES OF 1970, AN ORDINANCE AMENDING SECTION 1, CHAPTER 2, TITLE VIII AND
#5 SECTION 3. CHAPTER 2, TITLE VIII AND SECTION 4, OF CHAPTER 2, TITLE VIII OF THE M~NICIPAL
Cut Permits CODE OF THE CITY OF ASPEN, RELATING TO APPLICATION AND ISSUANCE OF EXCAVATION PERMITS was
read in full on first reading by the City Clerk and introduced by Councilman Scott.
Councilman Scott moved to adopt Ordinance ~5, Series of 1970 on first reading as read in
full and order the same published. Seconded by Councilman Vare. Roll call vote - Councilm.
Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye' Whitaker aye.
Pitkin Iron Pitkin Iron Mine Ease, Ralph Clark, Attorney - Councilman Scott suggest the City Council
Mine - Attorney retain 'the City Attoreny.to handle this case rather than Mr. Clark of Denver. Council
agreed to instruct Administrator Wurl to notify Mr. Ralph Clark to send a letter to Council
outlining what has transacted on this case and Mr. Wurl to also notify Mr. Clark he has
been taken off the case by the City of Aspen.
Interim Discussed interim zoning. City Attorney Kern repomted he ~had stated to the Planning and
Zoning Zoning Commission he felt- highly dubious of an ordinance of this type unless reasons can
be shown to back up the measure.
City Attorney Kern left Council Chambers with Mayor Homeyer's permission.
Project Project Priorit.ies - Councilman Wails suggest and recommend due to the late hour, Council
Priorities disucss this informally at a luncheon. Reason for bringing this to Council's attention, is
the fact that everyone seems to be going off in all directions. Council should give
direction to the Planning and Zoning.
Councilman Whitaker stated he would not attned a closed meeting, suggest a committee be
appointed te work this out and report at a regular meeting. Mayor Homeyer appointed
Councilman Walls to be chairman of this committee.
Public Hearings Councilman Whiatker suggest Council schedule public hearings for the five items the Plan-
Schedule ning and Zoning Commission has scheduled public Hearings on.
Councilman Whitaker moved the City Council schedule public hearings on February 23, 1970,
5:00 p.m. to consider recommendations on the five items as published by the Planning and
Zoning Commission on January 22nd a.s follows: additions to and include in the Aspen Area
General Plan Ute Children's Park and Bavaria Park, Hillyard Park and density and open
space, and leased parking. Seconded by Councilman Griffin. All in favor, motion carried.
Sidewalks Councilman Whitaker also relayed a request to Council from the Planning and Zoning Commiss-
ion requesting authorization to study and make a recommendation to Council on sidewalks
and planter areas.
Councilman Whitaker moved to authorize the Planning and Zoning to ~repare a recommended
ordinance on sidewalks and planter areas for Council considera.tion. Seconded by Councilman
Griffin. AL1 in ~avor, motion carried.
Hiring Policy Councilman Whitaker referred to a copy of a letter addressed to Councilman Vare from
Attorney Gary Wideman of Californi~a relating tO the preparation of an ordinance for in,erin
zoning.
Councilman Scott arrived.
Councilman Whiatker stated he felb work should be authorized by Council and .done so in a
public meeting. Maximum cost for the preparation of the ordinance would be $400.00. Council
man Vate moved the City accept this letter as a contract. Seconded by Councilman Scott.
Councilman Vare withdrew his motion, Councilman Scott withdrew his second.
Councimmn Comcowich moved that Gary Wideman be advised that he has not been retained to
write an ordinance by the City and furtherthis matter be placed on the agenda so that it
can be discussed and disposition reached. Seconded by Councilman Walls. Roll call vote -
Councilman Vare yae; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye.
Meeting Time Councilman Scott suggest and Council agreed the next regular meeting being at 4:00 p.m.
rather than 4:30 p.m.
Councilman Walls suggest the City Council and the Planning and Zoning meet and try and see
~ ~ ' if tke two bodies can work together.
~ ~ Councilman ~cott left Council Chambers
Theodore's City Clerk submitted all forms required to Council on 49% stock purchase by
Ronald Schmieden in Theodore's/ Council reviewed the file. Councilman Griffin moved to
approve purchase of 49% of the stock of Theodore's to Ronald Schmeiden. S conded by Council
man Vare, Roll call vote - Councilman Whitaker aye; Walls abstain; Griffin aye; Comcowich
aye, Vare.
Councilman Walls stated he had abstained since Mr. Schmeiden is a client of his.
1014
Regular Meeting Aspen City Council January 26,1970
Councilman Griffin moved to adjourn at 7:40 p.m., seconded by Councilman Walls. Ail in
favor, meeting adjourned.
Lorraine Gr.aves, City Clerk