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HomeMy WebLinkAboutminutes.council.19700323 Regular Meeting Aspen City Council ~ . . _ March 23,~i970 Meeting was called to order hy Mayor Eve Homeyer at 4:00 p.m. with Coun'citmen Edwin Vare~ William Comcowich, Koss Grlffin~ Fitzhugh Scott III, Jack Walls, Francis Whitaker, Attorney Albert Kern and City Adminisgrator~Leon~Wurl..~ ~ ~ ~ ~ .... Minutes Councilman Griffin moved to approve the minutes of the last meeting as prepared and mailed by the City Clerk.~Seconded by, Councilman Comcowich. Atl~in favor,~motion carried. Teen Center Mr~ MackMooreg Presidentof. the Teen Center Board was, pzesentand~request the~City Council s presen~ce a~ a, meeting at the Teen~C~nt~r~on Mar~h 26th'at 7,:30.p.m. to discuss probt~ms of the Teen Center. 1030 Councilman Comcowich moved to approve the minutes and ratify the action of the RSA meeting of March 12th. SecOnded by Councilmmn Walls-, . '.. ,~,: ~, ~ ~ ~' :~ Discussed the donation to the ACVB. Mayor Homeyer reported this should be taken up at a RSA Minutes different time as the amount listed is already budge~ted.~and is. not relative to the motion :~ ~ now under ~cnsideration. : ~ : ~ ~: . ! ~. ~ ~ : Roll call vote Councilmen Vare a ' · - ye, Whitaker nay;.Walls aye; Comcowich aye, Griffin aye'; Scott aye. Motion carried, Mayor Homeyer opened the public hearing on a change from a 3.2 beer license to a beer and The Shaft & wine license for The Shaft amd Der Wurst ~Pla:ce.:All:forms~ required by the City~.a~d .State : Der Wurst Place were submitted to Council-for,review plus a survey map showing differen~ locations and type Liquor License of licenses within the City limits; Attorney Leonard Oates was present representing the applicant and_explained to Council the request for change is due to t~e ma~y r,equests, for not only beer but wine with meals. Would continue as a r~staUrant mainly,~ do not: want :to get~ into a ,~ocktail-~.operation. Applicant explained the Der Wurst Place is located on the corner and is under the same_ common ownership an~management as The Shaft, There will not be any take Out operation.~' Councilman Whiatker questioned if a policy had been established by the previous Council on relation to number of outlets and population. A~torney Kern explained ~t~ere is a prabtem--. interpreting when the needs of the community have been met because of the fluctuation in population. Administr~to~ ~n~t~explmined it b.ears~upon~.the applicant to pro~e TJ~e,~.is a~ need. Attorney Oates explained the restaruant is closed from April 15th to June 15th and then remains open the re-st o.f~the year. '-: -, i~ :~: _ ~ ~: Mayor Homeyer closed the public hearing.~ Councilman Comcowich moved to approve a beer and wine license for The Shaft and Der:Wurst Place. Seconded by Councilman Scott. Roll call vote - Councilmen Comcowich aye] Walls aye; Griffin aye; Scott aye;-Whitaker aye; Vare~aye.- - . ~ : . . Mayor Homeyer opened the public hearing on the Magic Pan. Attorney John Wendt was present Magic Pan and applicants Mr. and Mrs. Fono and stockholder Quaker Oates Company represented by Mr. Liquor Licens~'~ Montg~omery. Mr. Wendt explained the ~City.Attorney was furnis.~ed the lease for review. Ail forms~re- quired by the City an~d State were submitted to Council £~r review,~ plus a sur~ey~map show- ~ ' ~ , ing the different locatioms amd types of outlets in,the City, Mr. Wendt explained t~e Council would~ha~eto gn~ant:this~ appti~a~tion con~itio~e~ upon ~its:-: compliance to the building codes, sanitation laws, state requirements, etc. upon completion of the building. Further explained Quaker Oats'.Company would provideanM, f~nancing thatt would be required. Photographs were reviewed by Council of: their~ ~estau=ant in San Francis- co. At this time contemplating being opened 12 months of the year. Attorney Kern stated .the file as sumbitted meets all.requirements of.the City and the lease also meets the legal requirements.' '~ .~ ~ ~ . ~ - ~ Mayor Homeyer closed the public hearing. : . City Attorney Kern explained when the building meets all the requirements, the application will require formal approval by:~ouncil. :~' ~ ~ " Councilman Scott moved to approve a beer, wine and spirituous liquor license for the Magic Pan on a conditional basis. Seconded by Councilman Griffin. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye. Recreational Lan~ - Dr. J. S. Baxter, County Commissioner, was present and request the Recreational City Council's fe~lings as relates to the City's 10 year park and recreation plan. Dr~ Land Baxter reviewed with councii~the formation of. the Regional Service Authority and pointed out the publicity prior to the passage of the 2% County wide sales tax as relates to parks and recreation was based on the City's !0 year program~ Dr. Baxter further explained about 4 months ago RSA took action !on this and .turned it over to the City Council for action. To date no'action has been Caken, If the City does not agree with the program, then the monies shoul~be re-negoiated Dr. Baxter stated in the 10 year program there was not listed a location for a golf course, but since that 't'ime g~olf ~course architect ~a~.hir,ed to revi~ew ~loc~tions.~-~ 5 .sites,were considered by the previous Council and RSA. The RSA voted to go ahead and proceed with this land acquisition o~Vagneur's land.~ Visualize this area not only for a golf .course hut as a generaliMed~irecreational area. 'It was pointed out the pre~ious Council did approve going ahead with the purchase of the Vagneur land. · % 1031 Regular Meeting Aspeh City Council March 23, 1970 City Attorney Kern explained to Council before the City can expend funds for purchase of the land., &t would require a vote of the. peoPle. ~ Baxter informed Council, he felt there was a good possibility the previous offer~by Vagneur has been changed. Feel there will be a change in the price. Council agreed to discuss this at the next meeting, and request it be~put onthenext~agenda. Regional Regional Planning Commission - Peter Guy was present and had previously submitted to~ Council Planning the Committee's Report on the formation of a RPC. Mr. Guy ~xplained this can'growx as large Commission as large as 5 counties but'presently set up to encompass Pitkin COunty only. ~r. G~ ex- plained planning office and consultants would be up to the new commission, Councilman Walls moved the ~City Council approve the report of the regional planning _commiss- ion study group as submitted. Seconded by Councilman Vare. Roll call.vote , Councilmen,Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye. Councilman Comcowich moved the~delegates to RSA be instructed to move forward with this as an RSA project. Seconded by Councilman Walls. Ail in favor, motion carried. Density, Open Density,~Open Space -_It was reported the City Council did meet With the City,Planning and Space Zoning Commission to discuss this ordinance at a public meeting of the planning and Zoning Commission. ORDINANCE #9, SERIES OF 1970, AN ORDINANCE AMENDtNG SECTIONS OF TITLE XI, THE ZONING CODE OF THE CITY OF ASPEN, COLORADO, RELATING TO DENSITY, FLOOR ARF~RATION IN AR-I, C-1 AND ~ C-8 ZONES AND;PROVIDING REQUtRED'.OPEN;SPACE:ARE;IN~C-1 AND C-C ZONES was read in full;on first'~reading.by the City Clerk; ~-.~ ~ · ~ . ~- ~ Councilman Scott moved to adopt Ordinance #9, Series of 1970 on first reading as read in full;by:the City Clerk and order the same published..SeConded by CouncilmanWhitaker, Councilman Comcowich stated he felt there were more problems than density such~as'the~open. space, parking, employee housing, urban sprawl and should consider the consequences of adopting this ordinance and as it relates to these items. Pointed out in the joint meeting the Planning and Zoning stated one of the reasons~for:not.~adoPting the~scale control ord~ inance last year was because it did not have professional assistance. This ordinance has not had professional assistance either;, Councilman Comcowich.~referred.~the City Council to;the~;documents attached.to the_original master planand~further correspondence betwe~n~p~he. Planning.;and Zoning~Commission and Council at the time of the adoption of the Master Plan and also,the new Title XI in April of 1967. Councilman Walls stated he could not see where this ordinance affects.the~number of people. Roll calt vote - :Councitmen~°mcoWich nay;~Griffin aye~ Walls nay:;~Scott aye; Whitake~:~aye; Vare aye. Motion carried. ~ ~ '.. ~ MUnicipal Magistrate Leonard, Oa. tes~was present.;and request~authorization to attend a meeting efz Court of Colorado Municipal Judges in Denver on April 4th. Councilman Whitahs~ made a motion to Record authorize~the~expenditures for Magistrate Leonard'Oates to attend this meeting. Seconded by Councilman Griffin. Roll call vote - Councilmen~Scott aye; Griffin aye;.Comcowich.aye; Wall~ aye; Vare aye] Whitaker aye. Administrator Wurl request Council schedul~ a study session to discuss annexation policy and vacation of streets and alley policy. Council request this be referred to the Planning and Zoning Commission for recommendation to Council. Administrator Wurl informed:~C~unc~t~the~,ope=ating costs of parks and recreation department are included in the 10 years parks and recreation program. Municipal Court of Record - AttOrney Kern informed Council enabling legislation was passed in 1969 Court providing~for eatablishmen~ of manicipat courts;of record;~'Reqnirements~.are: judge has~tocb¢ an attorney~.and testimony must be recorded~i Appeals~fromzmunicipat court wonldcberto distri~ court rather than county court. ~r. Kern request authorization tO draft the necessaryord- inance. Conncil so instructed the ordianance be prepared. Councilman Scott .Submitted a:!letter~ from_;the: CCA. co~ordinaO~ng committee ~suggesting:~the Bar Association review all local ordinances for inclusion in the new charter. It was reported the Bar Association is not too enthusiastic about the idea and it was agreed this would be up to the charter cormnittee..and their legal advisor. Block 26 Block 26 - Alley Vacation - Attorney Oates submitted a memorandum and plat of the property Alley inquesti~n.~;Furtherrep~rted~the~`pr~perty~has~been~re~s~aked.~There~is~m~re~p~perty~.tha~ can be deeded to the City than originally anticipated. ~. ~ '_ - ' 1032 Regular Meeting Aspen City Council March Councilman Griffin moved the City not vacate the alley as reqeusted~ Seconded by Council man Vare. Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare~aye. ~ :~ · · Rubey Park Trust - Attorney Kern reported he had received and copies were distributed to Rubey Park Council of the agreement between .Hodge~Oliver and the City of~Aspen. Mr.. Kern reviewed~the agreement with Council: rights of first refusal; taxes; interest] payment; zoning. Councilman Walls moved to accept this agreement and authorize the Mayor-and City Clerk 'to' sign the agreement. Seconded by Councilman Whitaker. Roll call vote - Councilmen Whitaker aye, Walls aye; Scott~aye;Grlffin. aye; ~omcowich nay~ Vare~aye,~., · Motzon carrzed. Mayor request City,Clerk send a-letter to all people who have donated, to the. Rubey*.Park. ~ r ' Trust Fund informingothem;th~ir donation shall ~be eturned~ln the event the election fails. Councilman Walls reported a list has been obtained from James Miles of possible planners; Regional letters have been sent~requesting~resumes. Also Peter Guy has been~appointed to this Planners committee. ~;~ : _ ~ ~ .~ .~ _- :. ,. .- - .~ .-- _ Proposal for dogs was.submitted by Luther,Albright~ Councilman Griffin stated he would .also Dogs have a report on,dogs.at the-~next-meeting~ . ~ :.~ .~ ~- ~. ~:- .... ~ ~ ~ Councilmmn Comcowich informed Mr. Dunaway of the Aspen Times his headline entitled, "Pitco PZ Rejects City Highway Plan".was £ncorrect. The City has.no ~h~ghway~plan. Councilman Comcowich request Council seriously consider picking ~p the difference in sales Sales Tax tax as relates to the state limitation. Administrator Wurl alsolstated'this-is a matter,of urgent cnncern adn should be seriously considered by the City. Councilman Comcowich~also ask Council to consider requesting the State Highway Department Safety Checks hold spot checks for stolen articles. Chief Ritchey reported this is being done through safety checks. Councilman Scott stated he felt pretense searchs done under safety checks is~illegal. Also feel it is an obnoxious position to support. Councilman Comcowich moved the City Attorney be instructed to contact the State Highway Department to implement a spot check to try and eliminate or slow down the number of stolen articles going out~ of town. Seconded by Councilman Walls. Roll call vote - Council- men Vare nay; Co cowzch:aye;~Griffin nay, Scott nay~ Walls aye, Whitaker aye; Mayor Homeyer aye. Motion carried. Attorney Kern reported he had received a letter from Attorney Ralph Clark relative to Pitkin Iron Piktin Iron Mine Suit. :Letter mtated hea~ing set for~March 30th~ Mine Suit a ' Council instructed Attorney Ke=n to discuss the.he rzng withAttorney Clark and proceed in the bests interest of the City. . _ :- Councilman Scott andVare to investigate emptoyee~housing~as~relates to zoning. ~ Councilman Griffin moved to adjourn at 6:55 p.m., seoncded by Councilman Vare. Ail in favor, motion carried:and~meeting adjourned. . ~---~Corralne GraVes, City Clerk