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HomeMy WebLinkAboutminutes.council.19960108Aspen City Council Regular Meeting January 8, 1996 ANNUAL MEETING OF THE ASPEN PUBLIC FACILITIES President John Bennett called the meeting to order at 5:00 p.m. with members Kathryn Koch, Max Marolt, Georgeann Waggaman and Terry Paulson present. Absent were Rachel Richards and Doug Smith. Ms. Waggaman moved to approve the minutes of January 9, 1995; seconded by Paulson. All in favor, motion carried. Bennett reminded the Authority members that in 1995 they approved refunding of bonds for the parking facility and for Cozy Point Ranch. There being no further business, Ms. Waggaman moved to adjourn at 5:04 p.m.; seconded by Paulson. All in favor, motion carried. COUNCIL MEETING Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Marolt, Waggaman, Richards and Paulson present. CITIZEN PARTICIPATION Bill Dinsmoor objected to Council’s consideration of an ordinance to amend the clean indoor air act by allowing cigar smoke in a separately ventilated area. Dinsmoor said this seems to be a step backwards. John Worcester, city attorney, said the Clean Air Board will be considering this Wednesday at 3 p.m. Dinsmoor should relay his points to the Clean Air Board then. Mayor Bennett said this item is on the consent calendar for first reading; the public hearing will be January 22, at which time Dinsmoor may make his points. COUNCILMEMBER COMMENTS 1. Mayor Bennett said that for sometime transportation has been the number 1 priority of Council. The city had a productive meeting with Colorado Department of Transportation and the Federal Highway Administration in December. Mayor Bennett said 1996 will be the year the city wraps up transportation. 1 Aspen City Council Regular Meeting January 8, 1996 2. Councilwoman Richards said there is going to be a 7th annual forest congress in Washington D.C. in February. Council should consider sending someone or making sure Aspen is represented. 3. Councilman Marolt said he supports the Mayor’s comments on transportation and would like to see transportation wrapped up in 1996. 4. City Manager Margerum explained there was not adequate posting of notice for the Isis Theatre Historic Designation and it should be continued to the first meeting in February. Councilwoman Waggaman moved to continue Ordinance #58, Series of 1995, to February 12; seconded by Councilwoman Richards. All in favor, motion carried. CONSENT CALENDAR Councilwoman Richards moved to read Ordinance #1, Series of 1996; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #1 (Series of 1996) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ARTICLE IV, “SMOKING IN PUBLIC PLACES”, OF CHAPTER 11 OF THE ASPEN MUNICIPAL CODE TO PERMIT SMOKING IN SECONDARY ACTIVITY AREAS OF EATING ESTABLISHMENTS was read by the city clerk Councilwoman Richards moved to adopt the consent calendar; seconded by Councilman Paulson. The consent calendar is: · Minutes - December 11, 1995 · Resolution #1, 1996 - Posting Notices of Public Meetings · Ordinance #1, 1996 - Amending Clean Air Act Roll call vote; Councilmembers Marolt, yes; Waggaman, no; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. RESOLUTION #2, SERIES OF 1996 - Snyder Annexation 2 Aspen City Council Regular Meeting January 8, 1996 City Attorney John Worcester told Council this public hearing is for Council to determine whether the process for annexing the Snyder property complies with the state statutes. If Council determines this complies, there will be an ordinance to annex the property as well as zoning of the annexed property initiated at a later date. City Clerk Kathryn Koch reported the legal notices were in order. Chuck Roth, staff engineer, said the property meet the one-sixth contiguity; the property was not divided into separate parcels nor are there any other annexations pending for this property. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Resolution #2, Series of 1996; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #59, SERIES OF 1995 - Isis Theatre GMQS Exemption David Michaelson, community development department, told Council the Isis theatre has applied for historic designation and approval for expansion of the theatre as well as 2 affordable housing and 1 free market unit on the structure. This has been reviewed by the joint growth management commission who recommended approval of the units. At first reading, Council was concerned about two issues. The first is if there is a method to insure continued use of the Isis as a theatre. Michaelson pointed out this structure is located in the CC zone and there are a variety of approved uses in that zone. Michael said any further restrictions may be seen as contract zoning. Michaelson pointed out any change in use would require city review and approval. There would probably be a higher employee mitigation than for a theatre. The other issue is increase in traffic and some suggested transportation management strategies. Michaelson said most of the traffic generation studies are done for urban areas. All 4 city bus routes serve the Isis theatre. Some number of the patrons will be guests staying in lodges in town. Some patrons will already be in town and will not drive to the theatre. Sunny Vann, representing the applicant, said patrons will be encouraged to park in the parking garage. The parking requirement was waived by the HPC as an 3 Aspen City Council Regular Meeting January 8, 1996 incentive to preservation of the Isis. Vann told Council the affordable housing units fit the housing office guidelines. They will be category 2 units. These units have excellent exposure and also have tenants storage spaces. Mayor Bennett opened the pubic hearing. there were no comments. Mayor Bennett closed the public hearing. Councilman Marolt said he likes the preservation and renovation program. Councilwoman Waggaman said this seems to be a case of city committees and city regulations working together. Councilwoman Richards moved to adopt Ordinance #59, Series of 1995, on second reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Marolt, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #48, SERIES OF 1995 - Pearce Equities II Water Service Agreement Phil Overeynder, water department director, told Council this agreement amends the original 1993 agreement in 4 ways. One is to reflect the physical change in the outlay of the subdivision. Two pumps and storage tanks were built instead of one. This will make a more efficient operation. The second is a commitment to water service to the restaurant to the top of Buttermilk in exchange for creation of space for a second storage tank and pump station. The third is service to 3 lots of the Pfieffer subdivision which was not originally included. The fourth clarifies the liability issue with respect to the water line serving the North Bench. This area may not be geologically stable. This clarifies if there is movement in the future it is not the result of this project. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Paulson asked about the use of the Nordic Trail. John Worcester, city attorney, said the city received specific easements for the Nordic trail. Assistant City Manager Bill Efting said he will have staff check on the availability and use of the Nordic trail. 4 Aspen City Council Regular Meeting January 8, 1996 Councilwoman Richards moved to adopt Ordinance #48, Series of 1995, on second reading based on the previous commitment regarding the Nordic trail easements being fulfilled; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Marolt, yes; Waggaman, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to adjourn at 5:55 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Kathryn S. Koch, City Clerk 5