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HomeMy WebLinkAboutminutes.council.19740826 s Regular Meeting Aspen City Council August 26, 1974 Meeting was called to order by Mayor Stacy Standley at 5:10 p.m. with Councilmembers James Breasted, Ramona Markalunas, Jenifer Pedersen, Jack Walls, City Attorney Sandra Stuller and City Manager Dr. Philip Mahoney. MINUTES Councilwoman Pedersen moved to approve the minutes of August 6th and 12th as prepared by the City Clerk. Seconded by Councilman Walls. All in fav or, motion carried. CITIZEN PARTICIPATION Bryan Johnson submitted a subcommittee report on parking. Request Council review Parking Repor~ and discuss at the next regular Council meeting. Fred Smith request Council consideration of angle parking an the downtown area on Angle Parking those streets without sidewalks. Connie Harvey request additional stop or yield s~gns on the west end of town. Traffic Control Lynn Gruzen who donated funds for play structure in Herron Park and two high school boys doing the construction were present to request guidance from Council on 'H~?~m~k continuation of project. Ms. Gruzen explained that due to changes in the plans to conform to safety measures, additional expenses were incurred and there is not sufficient funds to pay the boys the fee which was agreed upon at the beginning. Ted Armstrong, Parks and Recreation Director, informed the Council the project was turned over to the school after the design was picked by the Council. Presently ~' the structure is dangerous, i~ Councilman Pete DeGregorio arrived. ~ i Councilmembers request Armstrong and City Manager meet with the school as to direction to take relating to request for additional $1,000. COONCILMEMBER COMMENTS Alley Paving Councilwoman Pedersen - Alley paving should be considered in the 1975 budget. ! PtarmiganCity Ptarmigan Manager over to charged check out. Ballet West $1.00 more per day than what was agreed upon. ~ A. Councilwoman Markalunas - Aspen Institute in Juen of Institute 1973, was granted an exemption from Ordinance ~19 by Council and Planning and Zoning Commission. They are now ready to construct and Planning and Zoning Commission does not agree with the exemption. Councilwoman Markalunas moved to add Aspen Institute Ordinance ~19 exemption to the agenda. Seconded by Councilman Walls. All in favor, motion carried. Request authorization to add City Hall to the National Historic Register. City Hall Councilwoman Pedersen moved to request the City Hall be included in the National Register. Seconded by Councilman Breasted. All in favor, motion carried. Housing Councilman Breasted - Suggest, if Chamber is going to coordinate hoUsing for cultural groups, someone from the City should work with the Chamber. Meeting Mayor Stacy - City Council and Commissioners meeting at Pomegranate, 4:00 p.m. August 27th on Highway 82 study by Lawrence Halprin and Associates. Mall. Amplification permits fOr themall can be obtained from City Manager for politcal speakers. Restaurants Request consideration of ordinance tabled in 1973 relating to emissions from restaurants. Council request City Manager and City Attorney up-date the ordinance and submit fro consideration. Appointment Mayor Appointed Councilwoman Pedersen to the Colorado Municipal League Legislative Board. BIKEWAYS Recommended resolution, including committee to be appointed, and suggested Bikeway Co--itt ~e capital improvements program was submitted by John Stoller. Request Council adoption of resolution and permission to meet with the Planning Office. Councilwoman Markalunas moved to read Resolution #30, Series of 1974. Seconded by Councilwoman Pedersen. All in favor, motion carried. RESOLUTION #30 SERIES OF 1974 WHEREAS, the public safety, health and welfare are being threatened by rapidly increasing numbers of automobiles to the detriment of the non-motorized public; and, WHEREAS, it is in the best interests of most of the residents and visitors to the City of Aspen to encourage the use of non-motorized transportation as a high priority and practical alternative where most destinations are within cycling distance; and, WHEREAS, the physical separation of motorized and non-motOrized forms of transportation would 1. Provide safety and enjoyment to non-motorized forms of transportation, 2. Encourage the use of non-motorized forms of transportation, thereby reducing traffic and parking problems, 3. Allow better traffic flow to all forms of transportation, 4. Provide additional recreational opportunities to the general public, 5, Provide economic benefits to the community, social benefits and environmental benefits; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the City Council does hereby establish an advisory committee to assist in the planning and development of a bikeway system throughout the City in cooperation with the State of Colorado and Pitkin County, of said 2. committee: That the following persons are hereby appointed to serve as members John David Stoller KNCB Moore John Faulkner Frederick Benedict Connie Harvey Hank Thurston Ken Reid Stuart Mace Tanny Bishong Joyce Gruenberg Biege Jones Bert Bidwell Ed Compton John Killman Tom Sykes 3. That the committee shall establish priorities for implementation of a community bikeways syst~_m, make recommendations to the City, County and State governments, and assist in t.he development of said system. was read in full by the City Attorney. Councilwoman Markalunas moved to adopt Resolution ~30, Series of 1974. Seconded by Councilwoman Pedersen. All in favor, motion carried. ASPEN INSTITUTE Architect Ellen Harland was present and request Council reaffirm approval given spen Instutte£~ Ju~e 25, 1973 by the City Council to exempt Aspen Institute from Ordinance #19 review. Chalet and workshop to be built, construction was delayed due to obtaining funds for the project. City Attorney Stuller outlined the past events as relates to this request and her~ understanding of same. Stated the master plan of the Institute was exempted from review in 1973. This approval came up at a meeting during discussions of Ordinance #19. The institute came in at that time with their master plan and questioned how their plan wOuld be affected by Ordinance ~19. The CounCil at that time approved their master plan and incorporated the plan as part of the land use plan for for purposes of Ordinance ~19 review and if the Institute built in conformance with the plan their use and density will assume to have been approved and incorporated in Ordinance 919. The map is marked Institute and Ordinance 919 does not set up review criteria for institutional districts. It says all development shall be as per approved site plan for the area. Understand it was the intention of Council to adopt their site plan by reference and give them exemption. Planning and Zoning Commission feels that exemption is not appropriate, that proposed changes to the master plan has invalidated the 1970-71 plan for purposes of their consideration under Ordinance 919. Councilwoman Markalunas moved that the City Council does reassert and clarifies their understanding of the relationship of the Master Plan for the Institute as presented in 1973 and Ordinance #19 and an exemption is appropriate. Council directs P & Z to grant an exemption and direct the Building Inspector to accept the plans without P & Z Ordinance #19 approval and process as otherwise required and Institute Master Plan be submitted and kept on file by the City. Seconded by Councilman Walls. Ail in favor, motion carried. SOLARIUM, INC. - LIQUOR APPLICATION Mayor Standley opened the public hearing on a beer, wine and spirituous liquor Solarium L±q. license application for the Solarium to be located on Mill and Hopkins Street. City Clerk~.reported the file is complete and application is in conformance with State and Local requirements. Attorney Joseph Edwards was present to represent the applicants and stated the file contains a petition with 800 signatures. Mr. Jerry DeFries, applicant, gave a breakdown of the signatures on the petition: 80 signatures of county residents, 250 businesses approved by their signatures. Decor of the restaurant will be of the 1920's and 30's. The operation will be a family type restaurant. People have expressed interest for a place to go after the bars close and for breakfast. Silvestri, applicant stated he has been a resident for 4 years. Reviewed the menu and stated they are trying to provide a place for employees to eat at a decent price, and without a liquor license it is not possible to stay in business with the cost of food. During high season there is always a wait in order to get into restaurants and to be served. Witnsses Fritz Lindner, Jim Ward, Mary Cloy gave presentations on the good character of the applicants and their feelings that a need exists for this type of operation and a liquor license. Attorney Edwards s~ated the desires of the community for the issuance of this license has been shown by the number of signatures on the petition. Witnesses have shown that the existing outlets are not able to meet the needs of the community. Figures in the Denver Research Institute Report show that the average growth rate is 20% and during that period of time we have not doubled the number of liquor outlets. Liquor outlets have been at a 6% growth rate. Further stated it is difficult for a restaurant to operate with low prices without the income from liquor. Feel free competition provides better service to the community. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to approve the issuance of a beer, wine and spirituous liquor license to the Solarium as per the application. Seconded by Councilman DeGregorio. All in favor, motion carried. JOHNSON'S TEMPTATION, LIQUOR APPLICATION Mayor Standley opened the public hearing, on a beer, wine and spirituous liquor ~o~n's Temp. license application for Johnson's Temptation located in the Aspen Square building City Clerk reported the file is complete and application is in conformance with State and local requirements. Attorney Ralph Brendes was present to represent the applicant. Stated the needs of the neighborhood has been shown by the petition in the file containing over 1,000 signatures. Mr. Brendes request Mr. Edwards statements of the previous hearing be incorporated in this hearing. Change in type of license is being requested due to economic considerations. Presently breakfast and lunch are going real well, dinner is not so good. Restaurnt has been converted from a deli to a full fledged restaurant and in order to continue along that line, a full liquor license is needed. Record will show there has been no problems with the sanitarian or building inspector. Mr. Johnson, applicant, stated he has worked in resorts for many years, bought Grutters 14 months ago. Learned many years ago that standard of excellance is achieved through service. Cannot have a full service restaurant without a full liquor license. Mrs. Johnson stated they do not expect to have a si~ down bar, there will be service to the tables only. Restaurant has operated as a quiet, congenial place to go, feel cocktails are a way of living graciously. Councilwoman Pedersen questioned what exists in the lower level. Mr. Johnson reported there is no room for a sit down bar, there will be no entertainment. Mayor Standley closed the public hearing. Councilman Breasted moved to approve the beer, wine and spirituous liquor license to Johnson's temptation. Seconded by Councilwoman Markalunas. All in favor, motion carried. METRO SANITATION, EASEMENT REQUEST Metro Easemen Mr. John Hopkins from Wright/McLaughlin was present and request an easement across a portion of the golf course property to provide service to four houses on Sierra Vista Drive, houses presently on septic tanks. Map was submitted showing the proposed easement. Mr. Hopkins stated they would work out the re-sodding etc. with Mr. Ted Armstrong, project would not begin until after October 1st when the golf course is closed for the season. Mr. Armstrong stated the proposed line will be under the playground area which is shown in the master plan for the area. Councilman DeGregorio moved to grant the requested easement. Seconded by Council- woman Markalunas. All in favor, motion carried. ASPEN TODAY, LEGAL ADVERTISING Item tabled, Don Tesitor not present on this request. UTE VILLEGE, CLARENDON, MOUNTAINEDGE, PUD OUTLINE DEVELOPMENT PLAN ~ountainedge Mr. Charles Vidal was present on this request. Mr. David Barbee, property owner in Ute Village Mountainedge stated that in 1966 the area was zoned AR-1 and immediately the area Clarendon built up in that way. During the late 1960's and early 70's property owner came up with a plan at which time there were not the restrictions that now exist. There is 18 acres in the tract, our plan called for restricting ourselves to building on only 6 of those acres. Another restriction was we would not build on the hillside, only unobtrusive service road to the bench area, underground all utilities and parking and there would be continuous management. Signed an option on the property last November with Brewer. Peel the densities that are being proposed should be spread across · the total community, rather than just being imposed on those property owners that ~f I at this time have not developed their property. Mr. Chuck Vidal stated he would like to review with Council three alternatives for the Mountainedge property which was denied by the Planning and ZoniNg Alternative No. 1 as proposed to the Council previously for Mountainedge, Ute Village and Clarendon. Under Alternative s 2 and 3, Ute Village and Clarendon no changes. Mountainedge under Alternative No. 2 reduce units from 100 to 75 and donate $250,000 to the City so that the City can transfer densities with the condition that this applicant be able to start the process of buying and transferring development rights. Alternative No. 3 would reduce the number of units in Mountainedge from 100 to 65 units and same donation and condition as No. 2. Planning and Zoning Commission did approve Clarendon and Ute Village as proposed in Alternative No. 1. Mayor Standley stated he did no~ feel the City should be in the position o~ trading or dealing in development rights, this should be handled by the private sector. Councilwoman Pedersen moved to approve the outline development plan for Clarendon and Ute Village and deny the PUD outline development plan for Mountainedge. Seconded by Councilman Breasted. Applicant request all three projects be tabled at this time, and will review alternatives 2 and 3 with the Planning and Zoning Commission. Councilwoman Pedsrsen moved to table the three requests. Seconded by Councilman De- Gregorio. All in favor, motion carried. ORDINANCE #33, SERIES OF 1974 Ord. #33 Polio Mayor Standley opened the pu~l£c hearing. There being no cbmment~, Mayor Standley Pension closed the public hearing. Councilman DeGregorio moved to read Ordinance #33, Series of 1974 on second reading. Seconded by Councilman Walls. All in favor, motion carried. ORDINANCE ~33, SERIES OF 1974, AN ORDINANCE AMENDING THE PROVISIONS OF THE ASPEN POLICE PENSION FUND $~0 AS TO ALLOW THE INVESTMENT OF MONIES HELD BY SUCH FUND IN CERTIFICATES OF DEPOSIT was read by title by the City Clerk. Councilwoman Markalunas moved to adopt Ordinance #33, Series of 1974 on second reading. Seconded by Councilman Breasted. Roll call vote - Councilmembers Breasted aye; Markalunas aye; Pedersen aye; Walls aye; DeGregorio aye; Mayor Standley aye. Motion carried. ORDINANCE #34, SERIES OF 1974 Mayor Standley opened the public hearing, there being no comments Mayor Standley closed the public hearing. Councilwoman Pedsrsen moved to read Ordinance ~34, Series of 1974 on second reading. Seconded by Councilwoman Markalunas. All in favor, motion carried. ORDINANCE 934, SERIES OF 1974, AN ORDINANCE RATIFYING THE MAKING OF THREE AGREEMENTS 0rd.~34 Vehicle FOR THE LEASING OF POLICE VEHICLES PURSUANT TO THE REQUIREMENTS OF SECTION 9.13 (b) OF Leasing THE ASPEN MUNICIPAL CHARTER was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~34~ Series of 1974 on second reading. Seconded by Councilman Breasted. Roll call vote - Councllmembers DeGr%gorio aye; Walls aye; Pedersen aye; Markalunas aye; Breasted aye; Mayor Standley aye. Motion carried. ORDINANCE 935 SERIES OF 1974 -Mayor Standley opened and closed the public hearing. , Ord. f~35 Bd. of Councilman DeGregorio moved to read ordinance 935, Series of 1974 on second reading. Adj. Seconded by Councilwoman Pedersen. All in favor, motion carried. 1974, AN ORDINANCE AMENDING SECTIONS 2-22 (c) (1) AND ORDINANCE ~35, SERIES OF MUNICIPAL CODE WHICH AMENDMENTS ENLARGE THE PERIOD OF TIME 2-22 (c) (2) OF THE ASPEN FOR SERVICE OF NOTICE ON HEARINGS BEFORE THE BOARD OF ADJUSTMENT FOR VARIANCES FROM THE ZONING CODE was read by title by the City Clerk. Councilwoman Markalunas moved to adopt ordinance 935, Series of 1974 on second reading. Seconded by Councilwoman Pedersen. Roll call vote - Councilmembers Breasted aye; Markalunas aye; Pedersen aye; Walls aye; DeGregorio aye; Mayor Standley aye. Motion carried. Ord. ~40 0cc. ORDINANCE ~40, SERIES OF 1974 Liq. Tax Mayor Standley opened the public hearing. City Clerk outlined to Council the comparmson of the proposed occupational tax and present tax. Also stated the tax has not increased since its inception in 1949. Revenue based on present number of licenses for all class at present tax is $9,550 with zncreased tax would be $23,400. Memo from the Police Chief states that during the year 74-73 there were 113 complaints against the bars, during 73-72 there were 48. Mr. Thomas Iacono stated he was present representing the liquor assocmation which was formed one year ago. Stated he felt the bar operators an the downtown are being blamed for the problems in the mall area, feel an increase is unwarranted at this time and the tax is discrmminatory. Request second reading be tabled at this time. The association agreed a year ago they would work with the police department and the department would contact the association and advise them if there were any problems with any particular bar. Mayor Standley closed the public hearing. Councilman Walls moved to table second reading consideration of Ordinance ~40, Series of 1974 until the next regular meeting. Seconded by Councilman DeGregorio. All in favor, motion carried. ORDINANCE ~41, SERIES OF 1974 Mayor Standley opened the public hearing. There being no comments, Mayor Standley Ord. ~41 Liq. Fee closed the public hearing. Councilman DeGregorio moved to read on second reading Ordiance ~41, Series of 1974. Seconded by Councilwoman Markalunas. All in favor, motion carried. ORDINANCE 941, SERIES OF 1974, AN ORDINANCE ESTABLISHING LIQUOR LICENSE AND 3.2 BEER LICENSE FEES; FEES FOR ISSUANCE OF SPECIAL EVENT PERMITS; AND ADOPTING UNIFORM HEARING FEES FOR ALL APPLICATIONS REQUIRING A HEARING BEFORE THE LOCAL LICENSING AUTHORITY was read by title by the City Clerk. Councilwoman Markalunas moved to adopt ordinance 941, Series of 1974 on second reading. Seconded by Councilman Walls. Roll call vote - Councilmembers Preasted aye; Mark- alunas aye; Pedersen aye; Walls aye; DeGregorio aye; Mayor Standley aye.Motion carried ORDINANCE ~42, SERIES OF 1974 0rd.#42 Elec. Mayor Standley opened the public hearing. There being no coraments, Mayor Standley closed the public hearing. Councilman Walls moved to read on second reading ordiance 942, Series of 1974. Second- ed by Councilwoman Markalunas. All in favor, motion carried. 1974 AN ORDINANCE PROVIDING FOR A SURCHARGE UPON THE ELECTRIC ORDINANCE ~42. SERIES OF ' .......... ~ c~ OTAL 10% OF EACH MONTHLY BILLING E CITY OF ASPEN W~±~n ~o~ ...... LL T . CONSUMERS OF TH ........... ~n ~ read bv tmtle by the C~ty Clerk. FOR ELECTRICAL Pow~ ~u~ .... as Councilwoman Markalunas moved to adopt ordinance ~42, Series of 1974 on second reading. Seconded by Councilman Breasted. Roll call vote - Councilmembers Breasted aye; Markalunas aye; Pedersen aye; Walls aye; DeGregorio aye; Mayor Standley aye. Motion carried. ORDIANCE ~43, SERIES OF 1974 Ord. #43 Elec Mayor Standley opened the public hearing. There being no commentS Mayor Standley closed the public hearing. Second reading tabled at this time. APPOINTMENTS, BOARDS & COMMISSIONS Bd. of Exam. Councilwoman Markalunas moved to appoint Dick Miller to the Board of Examiners and Appeals. Seconded by Councilman Walls. All in favor, motion carried. Elec. Com. Councilwoman Pedersen moved to appoint J. D. Muller to the Election Commission. Seconded by Councilman Breasted. kll in favor, ~tion carried. MAIL DELIVERY Proposal for group boxes located throughout the City was reviewed by Council. Mail Deliver Mr. George Ware, Postmaster stated this was the only type of delivery available, there would be no delivery in the down town core area. Council stated their disagreement with the proposal and authorized Mayor Standley to proceed further in request for home to home delivery. GOMBA'S ALLEY ENCROACHMENT Alley Ext. Manager Mahoney recommended to Council that a lease be drawn up similar to those being used for mall extensions. The alley is not being used. Councilman Breasted moved to authorize the City Attorney to draft a lease for S50.00 a year and con- ditions as those used for mall extensions. Seconded by Councilman Walls. Seconded by Councilman Walls. All in favor with exception of Councilwoman Markalunas who voted nay. Motion carried. MALL CO-ORDINATOR REQUEST Councilman Breasted moved to add Mall Co-ordinator request on the agenda. Seconded Mall Request by Councilman DeGregor~o. All in favor, motion carried. Permission requested to visit 14 areas where there are malls as a part of the process for future planning for Aspen's Mall. Councilwoman Markalunas moved to approve S400 from the Mall budget for this request. Seconded by Councilman Walls. All in favor, motion carried. RESOLUTION ~28, SERIES OF 1974 Councilwoman Markalunas moved to read Resolution ~28, Series of 1974. Seconded by Res.#28 Councilman Walls. All in favor, motion carried. Denver RESOLUTION #28 Symphony SERIES 1974 WHEREAS, the Denver Symphony Orchestra did on J~ly 27, 1974, give a free public concert for the citizens of the city which was enjoyed by hundreds of the city's residents; and WHEREAS, the Aspen City Council wishes to make of record its appreciation to the Denver Symphony Orchestra and to encourage its state legislators to support the orchestra in its program of taking the Denver Symphony to areas out- side the City of Denver. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the Denver Symphony Orchestra be and hereby is commended for its public performance given within the Cityof Aspen on July 27, 1974. 2. That the City Council of the City of Aspen does encourage the State Assembly to appropriate funds to continue the program of statewide performances by the Denver Symphony. 3. And that the City Manager forward copies of this resolution to our state representatives and to the Denver Symphony Orchestra at his earliest convenience. was read in full by the City Attorney. Councilwoman Pedersen moved to adopt Resolution #28, Series of 1974. Seconded by Councilman Walls. All in favor, motion carried. RESOLUTION #29, SERIES OF 1974 Res.#29 Proposed resolution was submitted relating to adoption by the City Council of those Joint Resou~ 2e areas of concern as high priority by the Human Resource Committees. Council stated Comm. Priorit they did not wish to adopt the items as listed, some having no connection with the ies. City, without additional study. Councilman Walls moved to table the resolution until the next study session. Seconded by Councilman DeGregorio. All in favor, motion carried. ORDINANCE #44, SERIES OF 1974 - tabled ORDINANCE ~45, SERIES OF 1974 Councilwoman Pedersen moved to read Ordinance ~45, Series of 1974 on first reading. Ord. #45 Seconded by Councilman Walls. All in favor, motion carried. Sec. 24-12 ORDINANCE #45, SERIES OF 1974, AN ORDINANCE AMENDING SECTION 24-12 (C) OF THE ASPEN MUNICIPAL CODE CONCERNING TEMPORARY SUSPENSION OF BUILDING PERMITS PENDING AMENDMENT OF THE ZONING CODE; PROVIDING THAT ONLY AFFIRMATIVE RECOMMENDATIONS OF THE ASPEN PLANNING AND ZONING COMMISSION SHALL HAVE SUCH INTERIUM EFFECT; THAT RECOMMENDATIONS OF CHANGES TO BOTH THE CODE AND MAP SHALL HAVE INTERIUM EFFECT FOR A PERIOD OF ONE YEAR; THAT SUCH EFFECT MAY BE TERMINATED BY ACTION OF THE COUNCIL; AND FURTHER REQUIRING THAT WITHIN 30 DAYS OF RECOMMENDATION OF AN AMENDMENT TO THE ZONING DISTRICT MAP THE EFFECT OF SUCH DESIGNATION SHALL BE NOTED ON SAID ZONING DISTRICT MAP was read by title by the City Clerk 1618 Regular Meeting Aspen City Council August 26, 1974 Councilman Breasted moved to adopt Ordinanc~ #45, Series of 1974 on first reading. Seconded by Councilwoman Pedersen. Mayor Standley aye; Councilmembers Pedersen aye; Markalunas aye; Walls aye; DeGregorio aye; Breasted aye. Motion carried. BRASS BED Councilman Walls moved that the Brass Bed be served with notice of hearing in order Brass Bed to show cause on September 16, 1974 pursuant to the Colorado Liquor Code. Seconded by Councilwoman Pedersen. All in favor, motion carried. Councilman Walls moved to adjourn at 10:10 p.m., seconded by Councilman DeGregorio. All in favor, meeting adjourned.