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HomeMy WebLinkAboutminutes.council.19740225 ASPEN CITYI COUNCIL .... ~U~ ~'~'~N~ =~U~ ~, ~'~ Meeting was called to order by Mayor Stacy Standley at 5:00 p.m. with Councilmembers Jenifer Pedersen, James Breasted, Pete DeG~egorio, Ramona Markalunas, Jack ~alls, and City Manager Mick Mahoney. MINUTES 2/25/74 Councilman DeGregorio moved to approve the minutes of February llth as prepared and mailed MINUTES by the City Clerk. Seconded by Councilman Breasted. All in favor, motion carried. 2/25/~. Councilman Breasted questioned when the study session with the Planning Office would be held since it does not appear on the agenda. Councilwoman Markalunas moved to schedule a study session with the Planning Office on Monday, March 4th at 5:00 p.m.. Seconded by Councilman Walls. All in favor, motion carried. ACCOUNTS PAYABLE ACCOUNTS Councilwoman Pedersen moved to approve the accounts payable as submitted. Seconded by PAYABLE Councilwoman Markalunas. ~All in favor, motion carried. CITIZEN PARTICIPATION Mayor Standley read correspondence from PAEK suggesting the following relating to side~:~. ~ CITIZEN walks: (1) completion of sidewalks in the commercial districts; (2) provide adequate PARTICIPATION ~alks from Main Street at the Aspen Clinic to the elementary school; (3) arterial sidewalk to connect Castle Creek Bridge to the walkway to the High School. RESOURCE CONSERVATION & DEVELOPMENT Representative was present, slides were shown outlining the types of activity of the or- ganization which extends from Utah to the top of the Continental Divide and from Colorado River Valley north to the state line. Areas of concern are all the resources existing in this area, i.e. grazing land and range land, water wildlife, hospitals, schools, etc.. Industries include tourism (skiing, backpacking, hiking), oil shale, mining, ranching, transportation, etc.. Councilman Michael Behrendt arrived. RESOURCE It was pointed out the organization is comprised of cities and towns, counties and soil CONSERVATION conservations, each having one representative. Some projects the RC & D help financially & DEVELOPMENT and others may only help in support. Request Council sign the agreement as a sponsor for another year. Council request the City receive a list of the projects for this area. Councilwoman Pedersen moved the City of Aspen continue as sponsors of RC & D under the same conditions as Pitkin County. Seconded by Councilman Breasted. All in favor, motion carried. (See conditions outlined in Council minutes of February 11, 1974) ~UBLICHE~R~N~S&~.S!~OND/R~DIN.GS Ordinance 93, Serieis. of 1974 - Mayor Standley opened the public hearing. Mr. Victor Goodhard reported he had met with Manager Mahoney and there does not seem to be PUBLIC extreme changes necessary to comply with the ordinance. HEARINGS SECOND Councilman Walls moved to read Ordinance 93, Series of 1974 on second reading. Seconded READINGS by Councilman Breasted. All in favor, motion carried. ORDINANCE 93, 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 PRACITICAL DIFFI- CULTIES was read by title by the City Clerk. Councilman Behrendt moved to adopt Ordinance 93, Series of 1974 on second reading. Se- conded by Councilwoman Pedersen. Roll call vote - Councilmembers Pedersen aye; Breasted aye; DeGregorio aye; Markalunas aye; Walls aye; Behrendt aye; Mayor Standley aye. Motion carried. Ordinance 936, Series of 1973 - Mayor Standley opened the public hearing, there being no comments, Mayor Standley closed the public hearing. iI Councilman Behrendt moved to read on second reading Ordinance ~36, Series of 1973. Se- conded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #36, SERIES OF 1973, AN ORDINANCE AMENDING SECTION 24-9.1 (c) OF THE ASPEN MUNICIPAL CODE WHICH EXISTING SECTION PROVIDES FOR THE ESTABLISHMENT OF AN HISTORIC PRE- SERVATION COMMITTEE AND WHICH AMENDMENT HEREIN PROVIDED FOR CHANGES THE NUMBER OF THE MEMBERS OF SUCH COMMITTEE FROM FIVE TO SEVEN was read by title by the City Clerk. Councilwoman Markalunas moved to adopt Ordinance #36, Series of 1973 on second reading. Seconded by Councilman Behrendt. Roll call vote - Councilmembers Pedersen aye; Breasted aye; DeGregorio aye; Markalunas aye; Walls aye; Behrendt aye; Mayor Standley aye. Motion carried. ~ County Resolution ~74-5 "Reuse of Dump. for Sludge Disposal". Mayor Standley read the E following resolution: County Resolution 974-5 WHEREAS, the Aspen Sanitation District and Aspen Metropolitan Sanitation District are no longer able to use the existing site at the Aspen Raceways property at Woody Creek for disposal of sludge; and WHEREAS, it is necessary that the sludge be disposed in a certified area until such PUBLIC HEARINGS time as a more suitable site can be approved pursuant to law; and SECOND READINGS WHEREAS, the City-County dump has been so certified: NOW, THEREFORE, BE IT RESOLVED that the County Commissioners by this Resolution per- mit reuse of the City-County dump in accordance with good, sufficient and sanitary sludge disposal management practices, for sludge disposal on a temporary basis, and until such time as a more suitable site can be found and approved, PROVIDED, HOWEVER, that the said sanitation districts shall~ as a condition to such use, pay to the Pitkin County Treasurer all costs, direct and indirect, incident to the utilization by them, including, but not limited to, site preparation, site maintenance and supervision of dumping; and PROVIDED, FURTHER that right herein granted shall be conditioned upon the additional approval of the City of Aspen to this resolution; and BE IT FURTHER RESOLVED that this Board may with or without ~otice to the respective sanitation districts involved by subsequent resolution revoke the permission herein granted. Councilman Walls moved to adopt the foregoing resolution. Seconded by Councilman Behrendt. All in Favor, motion carried. City Attorney Sandra Stutler arrived. POST OFFICE LOCATION Mr. King, head of real estate for the post office in this region and architect were present. Site plans were reviewed ~ith Council noting the site now under consideration POST OFFICE would be to the west of Spring Street extended rather than along Mill Street as pre- viously discussed. Post Office representatives had met with Mr. Krivatsy City's planning LOCATIONI ~ consultant for this area and site was changed to conform with his plan. Money has been ~ ! allocated and are ready to proceed. If the site is agreeable with Council, will proceed~[i with topo maps, soil tests, etc.. Council stated their concern of so many parking spaces and size of structure, total land area 2-1/2 acres. Representatives pointed out the design of the structure is such that either mail delivery or installation of boxes could be provided. Long range plan calls for 21 carriers. Mr. George Ware, Postmaster reported he had heard mail delivery for Aspen would begin approxi- mately September no matter how many people signed up. Council stated not all members of Council are in accord with Mr. Krivatsy's plan. Sug- gest the post office consider multi-use of the building. Mr. King stated this was not their policy, could consider joint use of parking only. City Manager Mahoney recommend a price of $9.00 a square foot. Mr. King stated they could not discuss price until they had ascertained construction costs. Councilwoman Pedersen pointed out the new site chosen by the post office would require a vote of the people to sell the land. The original site along Mill Street would not require a vote as the land was set aside and not put into public use. Mr. Bartel, City/County Planner stated the main consideration - being circulation - was this location would shift the traffic to Spring and Main. The post office would be a destination point for traffic, i.e. people park for the day and pick up their mail in the a.m. or p.m. This location would lend itself to furthering the pedestrian link on Galena with the downtown. This use on the property would create the activity on the property which is needed today. Councilwoman Pedersen moved to approve Mr. King further negotiating with the City and return to the City a package plan for consideration on this particular site. Seconded by Councilman Behrendt. Ail in favor with exception of Councilmembers Walls and De- Gregorio who voted nay. Motion carried. Councilwoman Markalunas request the representatives present work strongly with the ap- propriate post office department for mail delivery in Aspen. UNDERGROUND PARKING Mr. Pizzagalli representing his construction firm was present to discuss with Council · / underground parking under Wagner Park. Suggest a 600 car parking garage and the same time up-grade the park. The garage would cost $5500 per car which would include l~nd- scaping of the park. This would take a 14 month period of time. It's a proven fact that UNDERGROUND in those areas that do not provide parking close to the downtown, the downtown will de- PARKING teriorate. Councilman Walls stated some time ago his partner Bob Sterling did a study on parking under the streets, utilizing pre cast concrete and phasing. Manager Mahoney stated in using $5,000 per car, amortized over 20 years would be $1.04 per car per day expense. Mayor Standley stated the Chamber will be doing a survey over the next couple of weeks to ascertain whether people would use such a parking garage amd how much they would be willin¢ to pay. Councilman Breasted moved to have the City Manager and Planning Office work directly with Mr. Pizzagalli in investigating the possibilities of parking under Wagner Park, streets, Rubey Park etc. Seconded by Councilwoman Pedersen. Mr. Pizzagalli stated he could only do a preliminary investigation on a no fee basis. All in favor, motion carried. Councilman Breasted moved to instruct the City Manager to present the idea of underground parking at Wagner Park to the County Commissioners for their opinion. Seconded by Council- woman Pedersen. All in favor, motion carried. GOLF COURSE PROPOSAL City Manager Mahoney reported the reasons for bringing this before Council are as follows: (1) a 9 hole course is not adequate; (2) 18 holes can be constructed where 9 holes already exist; (3) the area was purchased as open space and this would insure the open space is maintained; (4) based on the price paid for the land, it is not being totally utilized; (5) the revenues would help in filling the void periods - s~/~ner and off seasons. In ad- GOLF COURSE dition a decision must be made on the Ptarmigan Lease. PROPOSAL Parks and Recreation Director Armstrong stated he had reviewed the proposal with consult- ants and Mr. Ferguson reports that without utilizing any City equipment or man power the additional 9 holes would cost approximately $292,000; Mr. Bob Wolfe states less than $300,000 if well supervised on expenditures; Mr. Ed Hicks reports excluding irrigation system $150,000 and using City equipment and man power $57,540. Manager Mahoney stated the sale of the two lots adjacent to the course would cover costs the first year. Councilman Walls moved to approve the golf course plan. Seconded by Councilwoman Marka- lunas. Some members of Council expressed their concern of having a mediocre course due to the flat terrain and sufficient area. Councilmembers DeGregorio, Markalunas, Walls, Behrendt aye; Pedersen, Breasted and Mayor Standley nay. Motion carried. Councilman Walls moved to instruct the City Manager to proceed with the investigation for the sale of the vacant lots. Seconded by Councilwoman Markalunas. All in favor with exception of Councilmembers Breasted and Behrendt who voted nay. Motion carried. MALL COMMISSION APPOINTMENTS MALL Manager Mahoney reported six persons had applied for the two vacancies~ Appointed Grant APPOINTMENTS Fiedler and Lary Groen. WATER TAP FEES WATER TAP FEES Council agreed to hold a study session on February 28th at 5:00 p.m.. TRANSPORTATION REPORT Manager Mahoney stated some of the recommendations need to be refined and Will need to TRANSPORTATION meet with the County. Manager Mahoney schedule study session with Commissioners. REPORT RECALL ORDINANCE City Attorney request from Council guidance on certain questions raised in the ordinance: (1) delete emergency clause; (2) Councilman Breasted moved that causes for recall not be specified in the ordinance. Seconded by Councilman DeGregorio. All in favor, motion carried; (3) Councilwoman Pedersen moved that the paper ballot include the reasons given for the recall and possible rebuttal. Seconded by Councilman DeGregorio. All in favor, motion carried; (4) recalled members not be disqualified from holding other positions with RECALL the City for a two year period; (5) point was raised a conflict exists between the statutes ORDINANCE and filling vacancies under the Charter. Charter provides for Council to fill a vacancies under the Charter. Charter provides for Council to fill a vacancy when there is a recall of a member of Council. Councilman Breasted moved that the City Attorney draw up appro- priate l~nguage for filling of vacancies by election. Seconded by Councilman Behrendt. Ail in favor, motion carried. RESOLUTION ~5, SERIES OF 1974 Councilman Walls moved to read Resolution 95, Series of 1974, seconded by Councilwoman Markalunas. All in favor, motion carried. RESOLUTION ~5 SERIES OF 1974 WHEREAS, the City of Aspen has entered into a contract of purchase and sale with A. Perry Christensen and David E. Christensen for the acquisition of the following described property located in Pitkin County, Colorado: A tract of land being parts of Lots 3, 5, 13, 15 and 16 of Section 8 and parts of Lots RESOLUTION ~5 8, 10, 11, 12 13, 14, 18, and 19 of Section 7, all in Township 9 South, Range 85 West of SERIES OF 1974 ' the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at a point whence the Northwest Corner of said Section 8 bears North 17019'30'' West 509.9 feet; thence South 56005' East 1083.9 feet; thence South 87008' East 488°5 feet; thence South 17© 58' East 1361.2 feet; thence South 25© 05' West 466.3 feet; thence South 57© 59' West 3448.3 feet; thence North 77© 02' West 948.7 feet; thence North 49© 30' West 1264.8 feet; thence North 45© 24' East 2514.7 feet; thence North 65© 27' East~.64~3~ feet; thence North 14© 04' East 1058.6 feet; thence North 82© 30' East 571.4 I I feet to the point of beginning, and ~ WHEREAS, the City Council wishes to make of record its approval of the purchase ac- cording to the terms of its agreement recorded in Book 219 at Page 205 and as amended in the instrument recorded ab Book 220 Page 460, records of the Pitkin County Clerk and Re- corder, and WHEREAS, the City Council wishes to affirm that its interest in such property, on acquisition, shall be an undivided one-half interest in the property with the other un- dividedone-half interest being conveyed to Pitkin County, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO; 1. That the purchase of the above described property be affirmed. 2. That such purchase shall be according to the terms of its agreement recorded in Book 219 Page 205 and as amended by an instrument recorded at Book 220 Page 460, records of the Pitkin County Clerk and Recorder. 3. And that as a consequence of the conveyance anticipated by such agreements an un- divided one-half interest in such property shall be received by the City of Aspen, Colo- rado. was read in full by the City Clerk. Councilman Behrendt moved to adopt Resolution #5, Series of 1974. Seconded by Councilman Walls. All in favor, motion carried. VACATION, PORTION OF MILL STREET City Attorney Stuller reported it has been discovered a small portion (about 4000 sq. ft.) of land appears on the East Aspen addition plat as a portion of Mill Street. Area has VACATION, PORTION never been used as a part of the street and is adjacent to the Schottland land and Lorien OF MILL STREET land. Mr. Schottland was present and request to purchase the land from the City. Councilwoman Pedersen moved to instruct the City Attorney to draft an ordinance to start vacation procedures. Seconded by Councilman DeGregorio. All in Favor, motion carried. GANT CONSIDERATION City Attorney Stuller submitted to Council a memorandum outlining the history of this GANT project and case law. Request from Council direction as to whether a permit can issue for the second phase of the project. CONSIDERATi The recent event to re-zone that area, reported Attorney Albert Kern, was not approved by P & Z but rather they recommended that the Council amend Ordinance %19 and the land use plan. Any approach to re-zone that area would be totally unreasonable and illegal. This project received subdivision approval for 153 units from Council and P & Z. The project went through PUD and ended up being permitted to build 144 units. Have complied with the PUD plan and all requirements. A subdivision and PUD agreement was signed with the City which required DRC to do certain things during certain phases of the project.. Phasing was required so as to lesson the impact on the area. Phase 2 includes the common facilities, i.e. recreational building, tennis courts etc. PUD zoning is binding in that the property is bound to that development plan. Part of the utilities are in for the entire project. Phase 2 plans were submitted in June and understand they have been re- viewed by the Building Inspector and Planning Office and do meet the PUD plan. Members of Council implied they did not agree with this project but further stated their concern for future projects voluntarily going PUD. Also stated previous action of Council did approve the subdivision and PUD agreement. Planner Bartel reported voluntary PUD is not working, presently looking at areas where PUD should be mandatory. The Ute Avenue down-zoning is a continuation of the down-zoning in the County. COUNCILMEMBER COMMENTS Councilman Walls submitted report showing changes in the open s~ace regulations of the zoning code. Councilman Walls moved that this proposed change be directed to the Planning and Zoning COUNCILMEMBER Commission for their consideration. Seconded by Councilman Breasted. All in favor, motion carried. COMMENTS Midland Right-of-way - Attorney Stuller reported the inventory from John Kelly has not ~'een submitted as yet. Councilman Breasted moved to direct the City Manager to have a yield sign installed at the north side of the Neal Avenue bridge. Seconded by Councilman Behrendt. All in favor motion carried. Councilman DeGregorio moved to adjourn at 9:30 p.m., seconded by Councilman Walls. All~ in favor, motion carried and meeting adjourned. ~__~orraine Graves, City Clerk