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Home My WebLink Aboutminutes.council.19920224Regular Meeting Aspen City Council February 24, 1992 Mayor Pro Tem Peters called the meeting to order at 5:00 p.m. with Councilmembers Reno, Pendleton, and Richards present. CITIZEN PARTICIPATION 1. Ray Patch, Rocky Mountain Natural Gas, read Council a letter complementing the city staff on work with RMNG. Patch also presented Council with a $91,000 check for their franchise fee for 1991. COUNCILMEMBER COMMENTS 1. Mayor Pro Tem Peters said Items (b) Unde sirable Plant Act Appointment and (f) Police Department Budget Request will be taken off the consent calendar. 2. Amy Margerum, city manager, told Council she had talked to the school district about the status of the red brick school. The school board sought a re-appraisal of the property. The have received that re-appraisal but have not had a chance to discuss it. The staff is continuing to get bids on the asbestos removal. The city and school board will have a meeting about these issues next week. 3. Amy Margerum, city manager, requested Council add a special event parade permit for the M.A.A. February 28th 7 to 7:30 to the consent agenda. Staff has signed off on this. Mayor Pro Tem Peters moved to add the M.A.A. parade permit February 28th to the consent calendar; seconded by Councilman Reno. All in favor, motion carried. CONSENT CALENDAR Councilman Reno left Chambers due to a conflict of interest on the City Hall Architectural contract. Councilwoman Richards asked if the Fall Line productions would interfere at all with Winterna- tional. Bill Efting, assistant city manager, said during the week of Winternational, Fall Line will be filming out of the commercial core. Councilwoman Pendleton moved to approve the consent calendar as amended; seconded by Mayor Pro Tem Peters. The consent calendar is: A . Permission to Landmark Designate Castle Creek Power Plant B . Fall Line Productions - Special Event Permit C . Independence Pass Restoration Letters D . City Hall Architectural Contract 1 Regular Meeting Aspen City Council February 24, 1992 E . Resolution # 1992 - RFTA IGA Amendment F . Nordic Trails Int ergovernmental Agreement G. Special Event Parade Permit - M.A.A. All in favor, motion carried. SPECIAL EVENT PERMIT Councilwoman Richards moved to approve the special event permits for the Aspen Winter Club; seconded by Councilwoman Pendleton. All in favor, motion carried. RESOLUTION #11, SERIES OF 1992 - Berger Annexation John Worcester, assistant city attorney, told Council this is to determine the statutory compliance only. Council and the public will have another opportunity to discuss and decide the merits of the annexation itself. City Clerk Kathryn Koch reported the publication of this hearing is in order. Scott Harper, representing the applicant, told Council this site is at the west end of Main street overlooking Castle Creek; it is 1.6 acres with a small house. The property has 2/3 contiguity with the city and has had for over 3 years. The site is served by city services. This site meets all the technical requirements for annexation. Mayor Pro Tem Peters opened the public hearing. There were no comments. Mayor Pro Tem Peters closed the public hearing. Councilman Reno moved to adopt Resolution #11, Series of 1992; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #6, SERIES OF 1992 - Liquor License Occupation Tax City Clerk Kathryn Koch told Council since first reading the criteria for "modest" establishment has been changed to delete the 6 foot long bar. Ms. Koch recommended any reference to tavern as "modest" be deleted. The restaurant association has suggested the criteria for modest be changed to 75 seats and 25 percent of the gross revenues. Ms. Koch recommended the ordinance be adopted as written and exclude outdoor seating. Mayor Pro Tem Peters agreed a criteria of 50 seats for modest is a good place to start. Mayor Pro Tem Peters opened the public hearing. Tim Cottrell, president of the restaurant association, entered a letter into the record. Cottrell pointed out the proposed increase in occupational tax for restaurants is $128.00; a 10 percent 2 Regular Meeting Aspen City Council February 24, 1992 increase for the average retail business is $15.00 or an 876 percent difference. Cottrell pointed out the restaurants generate about $1,000,000 in occupational and sales taxes to the city. Cottrell requested Ordinance #6 be tabled until Council brings parity to all occupation taxes. Mayor Pro Tem Peters closed the public hearing. Councilman Reno asked how the liquor occupation tax came about. Amy Margerum, city manager, pointed out that municipalities typically spend more time and resources on liquor-licensed establishments. Ms. Margerum suggested if Council wants to look at parity, the staff be prepared to do this at the next year's budget session. Councilwoman Richards said this ordinance does give equity to smaller establishments, which is what Council was looking for. Councilwoman Richards agreed there are greater public costs to liquor-licensed establishments; however, she would be willing to examine this during the 1993 budget sessions. Councilwoman Richards moved to adopt Ordinance #6, Series of 1992, on second reading deleting references to tavern and adding "not including outdoor seating"; seconded by Councilman Reno. Mayor Pro Tem Peters said he would prefer to limit the number of outdoor seats. Roll call vote; Councilmembers Pendleton, yes; Reno, yes; Richards, yes; Mayor Pro Tem Peters, yes. Motion carried. ORDINANCE #8, SERIES OF 1992 - City Shop Rezoning to Public Kim Johnson, planning office, told Council both staff and P & Z recommend this rezoning to public. The current zoning is R-30, low density and the city shop is a non-conforming use. The rezoning would also allow above ground storage tanks. Mayor Pro Tem Peters opened the public hearing. There were no comments. Mayor Pro Tem Peters closed the public hearing. Councilwoman Richards moved to adopt Ordinance #8, Series of 1992, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes, Mayor Pro Tem Peters, yes. Motion carried. ORDINANCE #9, SERIES OF 1992 - Code Amendment Above Ground Storage Tanks Kim Johnson, planning office, told Council this is a text amendment to allow above ground fuel storage tanks in two districts, public 3 Regular Meeting Aspen City Council February 24, 1992 and s/c/i. Mayor Pro Tem Peters opened the public hearing. There were no comments. Mayor Pro Tem Peters closed the public hearing. Councilman Reno moved to adopt Ordinance #9, Series of 1992, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes; Mayor Pro Tem Peters, yes. Motion carried. ORDINANCE #10, SERIES OF 1992 - 700 West Francis Historic Designa- tion Jed Caswall, city attorney, pointed out 6-205(e)(4)(c) indicates public notice required for landmark designations is more than just a publication in the newspaper. Caswall said it would be appropri- ate to table this to March 23 to allow staff to investigate and follow through. Caswall recommended the planning office be allowed to accept applications for development prior to historic designa- tion in this one instance. Councilwoman Pendleton moved to continue Ordinance #10, Series of 1992, to March 23, 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #14, SERIES OF 1992 - Chalmers Lot Split Councilwoman Pendleton moved to read Ordinance #14, Series of 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #14 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING SUBDIVISION EXEMPTION FOR A LOT SPLIT FOR THE 1001 MINING CLAIM ON UTE AVENUE, A METES AND BOUNDS PARCEL SITUATED IN SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. was read by the city clerk Kim Johnson, planning office, told Council in 1989 this parcel received 8040 greenline approval for one single family residence and an accessory dwelling unit. Ms. Johnson told Council the approval resolution states, "It is the intent of P & Z that if ever the tennis courts are construed to be another building site, no development shall occur on that site until the year 2083". No development occurred from this approval. In 1991 Council had a request for a lot split and subdivision for two development lots and one for the tennis courts. The City 4 Regular Meeting Aspen City Council February 24, 1992 Attorney determined that the long term lease on the tennis courts constituted a defacto subdivision. Council approved this request with a deed restriction against future development of the tennis court lot. The current owner of the parcel wishes to construct a single family residence and one ADU. Staff and the applicant agree that the 1989 approval conditions shall bind the residential construction. Lot split approval is required to legitimize the tennis court lot. Ms. Johnson told Council staff has not received a letter of permission from the Gant. Council agreed to go to public hearing and second reading and obtain the agreement of the Gant. Councilwoman Richards moved to adopt Ordinance #14, Series of 1992, on first reading; seconded by Councilman Reno. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes; Mayor Pro Tem Peters, yes. Motion carried. Councilwoman Pendleton moved to adjourn at 6 p.m.; seconded by Councilman Reno. All in favor, motion carried. Kathryn S. Koch, City Clerk 5 Regular Meeting Aspen City Council February 24, 1992 CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 1 ................................ ............... SPECIAL EVENT PERMIT 2 ................................ ........... RESOLUTION #11, SERIES OF 1992 - Berger Annexation 2 ............. ORDINANCE #6, SERIES OF 1992 - Liquor License Occupation Tax 2 ... ORDINANCE #8, SERIES OF 1992 - City Shop Rezoning to Public 3 .... ORDINANCE #9, SERIES OF 1992 - Code Amendment Above Ground Storage 3 ................................ ................... ORDINANCE #10, SERIES OF 1992 - 700 West Francis Historic Designa tion 4 ................................ ............... ORDINANCE #14, SERIES OF 1992 - Chalmers Lot Split 4 ............. 6