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HomeMy WebLinkAboutminutes.council.19730326 Regular Meeting Aspen City Council March 26~ 1973 Meeting was called to order by Mayor Eve Homeyer at 4:05 pom. with Councilmen Ja~es Breasted, Ross Griffin~ Jack Walls, Francis Whitaker, City Manager Russ Campbell and Student Representative Timber Dick. Councilman Walls moved to approve the minutes of March l~th and 19th as prepared and mailed by the City Clerk. Seconded~by Councilman Griffin. Ail in favor, motion carried. Mayor Home%er read complimentary letter oh Officer Dial received from the Sheriff's Department relating to the manner in which a recent cJse was solved on stolen ski tickets. CoBncilman Scott Nystlom_arrived. Mountain Herb Barrel reviewed with the Council the site plan of the development and the circulation Queen in that area. Project located at the south end of Monarch Street. Mr. Bartel expiain~d Exemption the exemption should not be granted, a condominium plat under the subdivision regulations should be required. The plat should be recorded prior to the~_is~uance of a building permit. Rather than approving an exemption, as requested by the applicant, recommend an exception from the regulations be granted. Recommendation'based on the circulation in this area. Applicant has tentatively agreed_an~ request Council eoncurrance to change and/dr modify the previous agreement with Mountain Queen a~d the City fdr straight thru circulationCfrom Monarch to Galena, Previous agreement requires the City to begin no later than April 1973 to acquire the necessary right-of-way for a loop circulation plan in this area. This section of the agreement would be modified. Mountmin Queen would still be responsible for ~osts involved as outli~ed in the agreement. City Attorne~ Arthur Dai~y arrived. Cduncilman Breasted moved to authorize the Plan~er's Office and City Attorney to proceed with the modification to the agreement and same to be submitted to Council fo~ final re- view. Seconded by Councilman Whitaker. Roll call voter Councilmen~Nystrom, aye; Breasted ~e; Griffin, a~e; Walls, aye; Whit~ker, aye; Mayor Homeyer~ aye. Motion carried. Minimum Senate B{ll No. 228 submitted to Council for approval of support of the Bill. Chief Police Ritchey explained the standards for police officers would give full utilization of the Standards C~lorado Police Academy and would be an expansion of the academy. Credits would be gra~ted for the course, once the standards are instigated. Councilman Walls moved that the City Council approve the drafting of a resolutiom sup- porting Senate Bill #228. Seconded b~ Councilman Whitaker. All in favor, motion carried. Ordinance Mayor Homeyer opened the public hearing. #11, Series of C~ty Attorney Daily stated he had received a memorandum from people who' are interested 1973 in setting up a central system and they have requested t'ime in which to review the stan- in the ordinance prior to second'reading. Councilwoman Ramona Markalunas arrived. Councilman Walls moved to re-publish the ordinance and re-schedule t~e the public hearing 4' on same for April 9,~1973 at .00 p.m. ~Seconded by Councilman Griffin. Ail in favor, motion carri&d. Ordinance Mayor opened the public hearing. There being no corznents, .,~Mayor Homeyer closed the #12, public hearing. Series of 1973 Councilman Walls moved to read on second reading Ordinance #12, Series of 1973. Seconded by Councilman Griffin. Ail in favor, with exception of Councilwoman Markalunas who ab- stained. Motion carried. 1424 Regular Meeting Aspen City Council March 26, 1973 ORDINANCE #i2~ SERIE~OF 1973~ "AN'ORDINANCE AMENDING cHAPTER 2 ENTiTLED' "ADMiNisTRATiON" OF THE MUNICIPAL CODE OF THE CITY~ OF~ASPENBY REPEALING EXISTING~SECTION 2-91 THEREOF.IN ITS ENTIRETY AND SUBSTITUTING A NEW SECTION 2-91 PERTAINING TO THE PAY SCHEDULE AND PO- SITION CLASSIFICATION OF THE EMPLOYEES OP THE CITY QF~ ASPENs", was read by title by the City Clerk. Councilman Walls moved to adopt Ordinance #12, Series of 1973. Seconded by Councilman Nystrom. Councilman Whitaker stated he did not wish to object to the increases in salary, object to the non-submission of a break-down as to what each increase per employee would be. It was pointed out this would be an administrative function and not Council policy function. Roll call vote- Councilmen Nystrom, aye; Breasted, aye; Griffin, aye; Markalunas, abstain; Walls, aye; Wh~t~iker, ~ye;.~Motion carried. Tabled until April 9th agenda. Ordinance #13, Series of 1973 City Manager Russ Campbell request Council meet on Monday, April 2nd, 5:00 p.m. in study session on Master Plan up-dating and Zoning questions. Council concurred.. Manager Campbell stated he had sent to Council two recent applications and those received City last fall. Friday of this. week last day to receive applications. Council agreed to hold Attorney a 15 minute execu~zve Sesszon'Aprit 2nd to review applications only. Vacancy Manager Campbell stated by the next meeting the Staff w±ll have outlined their work pro- Staff Work grams for the year and priorities. Guidelines for employee ~onduct have been reviewed Program by the emplOyees and this will be submitted to Council. Letter of intent was submitted for consideration. Following points were mentioned: (1)Un- Midland known at this time how much land Mrs° Shaw has clear title to;. (2) This right-of-way has Right-of-Way been entertained by the City, County and Ski Corporation as a possible corridor:out of the downtown area; (3) With a two year holding action perhaps the Cit, County and Ski Cor- poration can get together on the further acquisition of the right-of-way as it is a com- plicated stretch of property; (4) the option would establish:~a price per acre of $14,000~00' Councilwoman ~arkalunas submitted to Council a map she had obtained from the railroad showing the Midland Rlght-of'-way and this was pointed out to Council as~going from Dean Street to the Cast~creek Road. Further stated she had met with the County CommisSioners this date and they have agreed to pay $250.00 for 6 months towards the lease option. Title search'h~s a~re~adY begun. The right-of-way runs anywhere frOm 200' down to 25' Mayor Homeyer mentioned.her concerns of tying the use of this right-of-way to train mode of transportio~i'~als0 i not 'knowing~ho~ much property is being discussed since it is un- clear as to hoW~much ~land has clear title. Councilman Griffin moved that the City sign the letter of intent and proceed with the preparation of a lease option agreement. Sea~nded by Councilwoman Markalunas. Roll call vote- CouncilmentWhita'ker, aye; Walls, aye; Markalnnas, aye; Griffin, aye; Breasted, aye; Nystrom~ aye; Mayor Homeyer, aye; Motion carried. Councilman Griffin'moved the expenses of this.arrangement come from the Transportation fund. Seconded by Councilman Nystrom. Roll call vote- Councilmen Nystrom, aye; Breasted, aye; Griffin, aye; Markalunas, aye; Walls, aye; Whitaker, aye; Mayor Homeyer, aye. Motion carried. City Manager camP~elI~Stated had met~witb reBresentati~espf the ~as. company and have re- viewed their franchise with the City. Feel the City is protected thru the franchise, in that they could not change the substance of the gas without further negotiations and dis- cussfons with the City as relates to their franchise. A technical report was submitted and it will be 2~or 3 years before actual processing could be done due to the many changes in equipment that would have to be made. Councilman Griffin ~moved to resolve the City does not want any radioactive gas to be in- troduced into the ~citY gas system for consumption due to a lack of information at this ti~e. Seconded'by Councilwoman Markalunas. Ail in favor, motion carried, Councilwoman Mar'kalunas moved that a copy of this resolution be prepared and senti.to Rocky Mountain Natural Gas locally and main office. Seconded by Councilman Nystrom. Ail in favor, motio~n carried. Manager Campbell reported winterizing would cost an additional $1500 to $1700. Public Restrooms Councilman Breasted moved thatthe City Manager proceed with public reetrooms in Ruby Park as soon as posSibie. Seaonded by Councilman Nystrom~ All'in favor with exception of Mayor Homeyer, who voted nay. Motion carried. Regular Meetin~ Aspen City Council March 26? 1973 Recreation Fee schedule was submitted, with tke addition of a combined fee for golf and swimming.~ Fees Citizen present questioned if there were a reduced rate for people over 65. Council concurred with the fee schedule submitted, including the combined fee and request the Parks and Recreation Director check into a reduced rate for people over 65. Water Manager Campbell stated due to sickness, City Water Superintendent and also one of the Meters consultants, they did not arrive last week to begin their ~study.' Will be~in Aspen this week. Request permission to include in-this study people in'the-cormnt~nity who are coN- cerned and interested. Further suggest the City o~fer the option of water meter at this time. Councilman Griffin moved to instruct the City Attorney to prepare an amend~e~t~to offer the option of a water meter. Seconded by Councilman Walls. Ail in favor, motion carried. Public Malls Manager Campbell stated Mr. Anderson's report is a preliminary survey on the parking in & the downtown core and is an integral part of~ the mall' as well'as a vital 'part of the Anderson over-all transportation plan. Parking Survey Mr. Paul Anderson submitted and read his report; following is a synopsis of that report: 1. 114 businesses surveyed encompassing businesses from Hyma~ Street to Cooper Ave., and Galena to Mill Street. a. 94, businesses commented in favor of the mall plan with loading zones. b. 4 businesses concerned about their business volume, Concerned but liked the mall plan. c. Overriding qualifications to favoring the malls were: 1) Planted well 2) Properly maintained 3) Kept clean . 4) Areas policed by foot patrol 5) Snow be~ removed in winter time from sidewalks & paths. d. Strict enforcement of the loading zones with parking limited to 15 minutes. -2. In this area the following parking requirements were found: a. 987 employees b. 582 carsdriven~to and fromm,work c. 167 cars needed in the~conduct of business d. 74 off street private parking stalls available e. 741 employees wor~king split shifts and drive 413 cars which require 207 parking spaces. f. 246 work office hours and drive and park 169 cars. g. 376 parking spaces are needed for employee par'king. 3. Conclusions as follows: a, Overwhelming suppcmt, of~the mall plan as shown. b. Closing of-Hyman and Cooper and providing loading zones will in all probabil- ity increase business volume in that area. c. City must in order to have a sucCessful-mall: 1) Implement an attractive well-planted mall design 2) Maintain the planting in gp~dd condition 3) Keep the mall area clean at all times 4) Police the area . ~- - , - ~5) 'Snow removal of sidewalks and paths -6) Enforce parking restrictions, particularly the loading zones. 7) Keep alleys clean and free'of snow, sweeping and enforcement of ordinances pertaining to alleys. 8) Based on the survey of this area, the total mall area as a first phase Hopkins to Durant and Monarch to Spring) may have as many as 2,000 em- ployees and~require~abou~ 600 parking spaces. 9) Additional 300 parking'spaces willbe required that will be eliminated by the mall plan. 4. Based on the above, recommend the following: a. A~City Manager's committee~to~ be established to carry out a communication function; b. ~he City,commit to carry out~he conclusions listed above; c. Preparation of the off-street parking on the railroad property; ~d. Acceptable sequence plan be~wo~ked~out w~th all companies making deliveries in the alley of Blook~89~(be~ween. Mill and,Galena)~, e. A demonstration Day be scheduled that would not allow employees to park in the downtown core area. Councilman Whitaker suggest the permit parking be instigated at this time. Mayor Homeyer suggest facilities be put in this summer on the railroad property for bi- cycle parking and storage. city/County Planner Herb Bartel stated the first Phase 0f utiiization of the railroad pro- perty could accommodate 580 parking spaces. Manager Campbell reported the grading paving, etc.~ could be fa~complished this -summer for the parking.~ Mall plan was outlined. (See attached map) Mr. Bartel stated.the pedestrian controlled ' ' zntersectzons sn wn will allow, for traffic but will he heavily pedestrian oriented. Councilwoman Markalunas questioned where the necessary~ funds, for personnel, construction, etc. will come from. 'Manager. Campbell stated noi{ funds will come from present daily~ operating funds ~but would be from the 7th penny sales tax committed ~o transportation plan. Mrs. Mar~kalunas further stated her concern that there will be sufficient funds over the years to complete the entire transportation plan. Mayor Homeyer pointed out the mall this ,year Will be temporarM, the closing of the streets will be permanent. Councilman Walls moved to rea~ Resolution #6, Ser~es of 1973. Seconded by Councilman ResolUtion~ #6, Griffin. Ail in favor, motion carried. · Series of 1973 Malls) "WHEREAS, t~e ~streeetsin the Aspen commerciaI-cor~bare~'were origin~l-ty 'designed ~ for horse-drawn and pedestrian traffic, and are becoming increasingly congested by modern motor vehicular traffic; and "WHERE~S, increasing numbers of residents o~ and 'visitors to the City o£ Aspen have suggested that portions of these core area streets be converted to pedestrian malls; and '~HEREAS, a compre~henaive-City of ~spen tra~sportationplan~recently prepared and submitted by a private planning consultant recommends the creation of pedestrian malls in the downtown area; and~ · "WHEREAS, during its 1970 session the Colorado Gmneral Assembly determined that the creation of pedestrian malls in order to separate pedestrian traffic from vehicular traffic in retail shopping areas would serve to promote the public health, safety and welfare in Colorado cities, and accordingly enacted the,Public Mall Act of 1970", 139-89-1 et seq. of .the 1963 Colorado Revised Statutes, as amended, authorizing the es- tablishment of such pedestrian malls by the legislative bodies or-cities and towns (in- cluding home rule cities) pursuant to the procedures set forth in the Act; and '~HEREAS, the Aspen City Council has determined that the establishment of a peres- trian mall in the Aspen commercial core area will ease motor vehicular traffic congestion and reduce air pollution in such area, provide~amore attractive and relaxed shopping at- mosphere, aid the economic prosperity of Aspen by increasing the exposure of goods and services of local merchants, preserve the historic, cultural and natural aspects~of ~he town's heritage and~environment, and generally Create safer and more healthfUl, produc- tive, and aesthetically and culturally pleasing~surroundings i~ such area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CDUNCILDF THE CITY OF ASPEN, iCOLORADO, THAT: 1. The Aspen City Council has determined and hereby declares that the public in- terest and convenience of the Aspen community require the establishment,~of a pedestrian mall, and that vehicular traffic will not be unduly inconvenienced thereby. 2. The Aspen City Council hereby declares its intention to establish a pedestrian mall in the City of Aspen, C~lorado, pursuant to the authority and procedures contained in the Public Mall Act of 1970, ~ i39-89~1 et seq~ of the 1963 Colorado Revised~Statutes, as amended. 3. The following is a general description of those p~rtions of the public streets within the City of Aspen which are to be established as a pedestrian mall: (a) That section of Hyman Avenue from Mill Street to Galena Street; (b) That section of Cooper Avenue from Mill Street to Galena Street; (c)~ ~hat section of~MiI1 street from HYman Avenue to the northerly right-of-way line (aS extended)'- of'the~alley in Block 90; (d) That section of Galena Street from Cooper Avenue to the northerly right-of- way line (as'extended) of the alley~in Block 90~ .... ~ In addition, portions of the following~described street and/or alley intersec- tzons wzlt be,establzshe as "mallzntersectzons and constitute part of the pedes- trian mall, to wit: (e) A ~portion of the intersection of Hyman Avenue and Mill Street; (f) A pc~tion of the intersection of Mill Street and the alley in Block 90; (g) A portion of the intersection of Cooper Avenue and Galena Street.° iFOr.,~pur~oses.of~!greater technical, clarity, th~ pedestrian mall as generally described above may be*more particUlarly described as follow, to wit: Beginning at the southeast corner of Block 88 of the original Aspen townsite as~shQwn on the 1959 official~city map; thence westerly along the southerly line of Block 88 to the southwest corner of Block 88; thence 116.63 feet along a ~.~ non tangent curve to the right whose chord bears S69°50'4'9"W 105.01 feet, to the northeasterly corner or-Block 82; thence~southerly along the easterly line of Blocks 82 and 83 to a point 45.04 feet northerly of the southeasterly corner of Block 83; thence 115.78 feet along a '~ - non tangent curve to the right whose chord bears N$9°50'49"E 104.23 feet, to the southwesterly corner of the north half of Block 90, said corner also being the northwesterly corner of the ailey in Block 90; thence northerly along the westerly line of Block 90 to the northwesterly corner of Block 90; thence easterly along the northerly line of Block 90 to the northeasterly corner of Block 90; thence souther,ly along the easterly line of Block 90 to the southeasterly corner of the north half of Block 90, said corner also being the northeasterly corner of the alley in Block 90; thence easterly along the easterly extension of the northerly line of the alley - im Block 90 to the southwesterly corner of the north half of Block 96; thence northerly along the westerly line of Block 96 to the northwesterly corner of Block tgh6~ thence 116.00 feet along.a non tangent curve to right, whose chord bears NS0°09,11,,W 104.44 feet, to the southeasterly corner of Block 89; thence westerly along the southerly line of Block 89 to the southwesterly corner of Block 89; thence northerly along the westerly line of Block 89 to the northwesterly corner of Block 89; thence easterl'y ilong 'the northerly line of Block 89 to the northeasterly corner of Block 89; 'thence ~ortherly along a northerly extension of the easterly line of Block 89 to the southeasterly corner .of~BIock 88, the point of beginning; excepting, however, a strip twenty feet in width across Mill Street joining the alleys in Blocks 82 and 89, all in the City of Aspen, County of Pitkin, State of Colorado. The above-.described pedestrian mall is graphically depicted on the map attached hereto as Exhibi~ A and'made a part of this Resolution by this reference, and on the larger version of such map on file in the office of the Aspen City Clerk. 4. It is the intention of ~the Aspen City Council to adopt an ordinance prohibiting all vehicular traffic on such pedestrian mall except fire fighting equipment, ambulance, police vehicles, and other forms of emergency vehicles, and with the possible further exception of service vehicular traffic to the alley in Block 89 through the malled por- tion of Mill Street lying northerly of such alley. 5. In the event damages are actually allowed or awarded to any property owner by reason of the establishment of the pedestrian mall, such damages shall be paid at the time the amount thereof is finally determined, whether by agreement of the parties of be a court of competent jurisdiction, and shall be payable out of the proceeds derived from the City of Aspen Sales Tax which goes into effect July 1, 1973, or from such other source or sources of funds available to the City as the City Council may from time to time deem to be appropriate. 6. Following the establishment of the pedestrian mall, improvements will be made from time to time to such mall. It is anticipated that these improvement s will be ac- complished either by City employees or by private contractors under agreement with the City, and that the same shall be paid for out of the proceeds of the City of Aspen Sales Tax which goes into effect July 1, 1973, or from such other source or sources of funds available to the City as the City Council may from time to time deem to be ap- propriate. 7. Notice is hereby given that a public hearing on the establishment of the pro- posed pedestrian mall shall be held on June 4, 1973 at 4:00 p.m. in the City Council Chambers, City Hall Building, Aspen, Colorado. Written and oral presentations from abutting property owners and the public at large in favor of, or opposing, objecting to or protesting the proposed pedestrian mall will be considered by the City Council at ~ch public hearing. 8. Any person owning or having any legal or equitable interest in any real property which might suffer legal damage by reason of the establishment of the proposed pedestrian mall must file a written claim of damages, if any damages are to be considered or allowed with the Aspen City Clerk at any time prior to the first reading of the ordinance es- tablishing the pedestrian mall. The earliest date upon which such first reading might occur is the date of the p. ublic hearing described in the preceding paragraph." was read by the City Clerk. Councilman Walls moved to adopt Resolution #6, series of 1973. Seconded by Councilman Breasted. Manager Campbell stated a work program will be submitted to Council relating procedures to carry out the above recommendations. Council request the City Attorney investigate the legal requirements for the leasing of the streets, etc. by businesses abutting the mall. Roll call vote- Councilmen Nystrom, aye; Breasted, aye; Griffin, aye; Markal~nas, aye; Walls, aye; Whitaker, aye; Mayor Homeyer, aye. Motion carried. Mall area will be from property line to property line. Mr. Whita'ker stated his concern that the following ordinances have not been submitted to Councilman Council foll~ing a request to do so: noise control equaling state standards; abandoned Whitaker's curb cuts; improvement districts. Attorney Daily stated the improvement districts or- Requests dinance is not ready as it has shown to be a tricky ordinance to write plus gained the information that recent legislation has been adopted on improvement district law. Await- ing futher information on this legislation. Mr. Whitaker further inquired as to a street plan, feel the Planning Office and P & Z should be directed to begin work on this project. Councilman Whitaker moved the City Council request the Patak Association to remove the barrels. Seconded by Councilman Breasted. All in favor, motion carried. City Manager Campbell stated the noise control ordinance is on the books and had strict enforcement would require one man full time. That kind of help is not availabe. Or- dinances are only as good as the enforcement it receives. Do not feel this is a priority item at this time. Councilman Griffin moved to continue this meeting to Monday, April 2nd for an executive session on applications for City Attorney at 5:00 p.m., Seconded by Councilman Nystrom. Ail in favor, motion carried. Meeting adjourned at 7:20 p.m.