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HomeMy WebLinkAboutminutes.council.19940509Regular Meeting Aspen City Council May 9, 1994 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Waggaman and Richards present. PROCLAMATION - National Historic Preservation Week Mayor Bennett and Council proclaimed May 8 to 14 National Historic Preservation Week and asked the citizens of Aspen to recognize and participate in this observance. Amy Amidon, planning office, told Council staff put balloons on 26 sites in town that are listed on the National Register. PROCLAMATION - Aspen Public Works Week Mayor Bennett and Council proclaimed the week of May 15 to 21st as Aspen Public Works Week and called upon citizens of Aspen to acquaint themselves with contributions of public works officials to health safety and welfare of the community. Council presented the proclamation to Bob Gish, public works director. Gish said as part of this week the city is having a special trash pick up. PUBLIC WORKS CITIZEN OF THE YEAR AWARD - Jon Busch Mayor Bennett and Council presented Jon Busch with a proclamation and plaque as "Public Works Citizen of the Year" in recognition of his community participation in activities relating to public works. OUTSTANDING EMPLOYEE BONUS AWARDS Amy Margerum, city manager, told Council Susan Hammond, data processing, was nominated for her commitment to the operation of the city's computer system. Curtis Applegate, street depart ment, was nominated for attending seminars on street maintenance, design and repair on his own time and money and for becoming a "roads scholar". Council presented Ms. Hammond and Applegate with plaques and checks. CITIZEN PARTICIPATION 1. Tom Isaac representing Aspen Access Unlimited invited Council to participate in an educational exercise in visiting the community on crutches, in wheelchairs, or blindfolded to test the accessibil- ity of buildings throughout Aspen. Council agreed to do this at 11:45 a.m. Monday May 23 in lieu of their brown bag luncheon. 2. Don Policaro noted that Pitkin County has passed a n o smoking ordinance that is even stricter than Aspen's. This ordinance does not allow smoking anywhere in public buildings. Policaro said he would like to see the city adopt the same type of Ordinance. Mayor Bennett said Council has asked staff to prepare background 1 Regular Meeting Aspen City Council May 9, 1994 information. Councilwoman Richards pointed out Council needs to get input from the restaurant association and other affected businesses. Mayor Bennett said there will be meetings on this topic. These meetings will be advertised. 3. Sven A lstrom said residents of the west end are opposed to a recent Board of Adjustment decision allowing a Mr. McCoy to proceed with construction in violation of the R-6 zoning requirement. Alstrom said McCoy is bound by Article 3 Division 1 Section 7-68 of the Municipal Code which requires licensed contractors to comply with city codes. Alstrom told Council a contractor is the most responsible party for a construction project. McCoy is both owner and contractor. Alstrom said several west end residents feel McCoy should be held more accountable for this building. Alstrom said even if the architect provided inaccurate documents or documents hard to interpret, it is still the responsibility of the contractor to build within the code. Alstrom said even though construction has started, this should not preclude a contractor from complying with the codes. Alstrom said the Board's ruling sets a dangerous precedent. Mayor Bennett said it is unfortunate that something this big was built. However, there is no action that Council can legally take. Mayor Bennett said the neighbors have complained because the house looks too high. Mayor Bennett said the peaks are not too high; the flat roof in the middle of the building is technically too high. Mayor Bennett said if this is lowered, there will be no effect on the neighbors because it is invisible. Mayor Bennett said he feels the real problem is the size of structures being allowed to be built. Mayor Bennett said one of his goals is a reduction in the FAR. Alstrom noted the larger issue is that the neighbors would like to see the west end protected. The decision of the Board of Adjust- ment goes against the character and fabric of the west end. Alstrom suggested a design review for the west end. Mayor Bennett agreed the character of the west end is endangered by monster houses. Councilwoman Waggaman supported an overlay district for the entire historic townsite. This was discussed at HPC. Councilwoman Waggaman said to ask the builder to lower the part of this house that cannot even be seen would be punitive. The problem is the design not the height. Councilwoman Waggaman said people in the community try to build to the maximum of every site. Alstrom said he would like the contractor's licenses to contain a pledge to comply with codes. Council agreed they would have staff review this. Councilwoman Richards agreed that forcing the builder to lower an 2 Regular Meeting Aspen City Council May 9, 1994 invisible portion would not be valuable to the neighbors. Councilwoman Richards said one lesson here is are to review the plan check procedures to make sure they are adequate. Mayor Bennett said Council will be revisiting the subject of an overlay district or a design review board. COUNCILMEMBER COMMENTS 1. Amy Marg erum, city manager, requested Council add to the consent calendar a resolution approving lease agreement for the animal shelter with Aspen/Pitkin County Boarding Kennel. Councilwoman Waggaman moved to add Resolution #37, Series of 1994, to the consent calendar; seconded by Councilwoman Richards. All in favor, motion carried. 2. Amy Margerum, city manager, asked Council to scheduled a work session for Ute Trail Townhomes and for Williams Ranch. Council scheduled these for Monday May 16th at 5 p.m. Ms. Margerum also requested a work session for the superblock. Council scheduled this for May 17th at 5 p.m. Council scheduled board interviews for May 24 at 5 p.m. CONSENT CALENDAR Councilwoman Richards moved to approve the consent calendar as amended; seconded by Councilwoman Waggaman. The consent calendar is: A . Minutes - April 25, 1994 B . Resolution #33, 1994 - Temporary Municipal Judge/Art Daily C . Resolution #35, 1994 - Contract Undergrounding D . R esolution #36, 1994 - Contract Red Brick School E . Resolution #34, 1994 - IGA Community Development Depart- ment F . Electric Department 1994 Budget Spending G. Resolution #37, 1994 - Lease Agreement wit h Aspen/Pitkin County Animal Shelter and Boarding Kennel All in favor, motion carried. LIQUOR LICENSE HEARING - Ajax Tavern Chairman John Bennett opened the public hearing for a new hotel and restaurant liquor license at 675 E. Durant for Colorado Culinary Capers d/b/a Ajax Tavern. Nick Morfogen, representing the applicant, told Authority this new license will be replacing Shlomo's which has been operating in this location for 6 years. The Ajax Tavern will be serving breakfast, lunch and dinner. 3 Regular Meeting Aspen City Council May 9, 1994 Morfogen presented a petition in support of this application. Morfogen told the Authority Colorado Culinary Capers Inc. also operates Bump's at Tiehack. Bennett asked if there were opponents to the license. There were none. Bennett closed the hearing. Ms. Richards asked about alcohol awareness training. Morfogen told Council he has contacted a person who teaches this and plans to have at least 75 percent of his employees trained by the time the restaurant opens. Richards moved that based on the evidence presented at this public hearing, the Liquor License Authority finds that the needs of the neighborhood have not been met and the license requested is granted when the space has a certificate of occupancy; seconded by Waggaman. All in favor, motion carried. ORDINANCE #15, SERIES OF 1994 - 303 E. Main Historic Designation Councilwoman Waggaman moved to table this to May 23; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #16, SERIES OF 1994 - Codification of Water Policy John Worcester, city attorney, pointed out this ordinance codifies current practices of city staff since Council adopted the water policy for extraterritorial water requests. The policy is that extraterritorial water service must comply with the Aspen Area Community Plan prior to the signing of any water service agreement. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #16, Series of 1994, on second reading amending the ordinance on page 3 in Sections 1 and 2, to add "with the Aspen Area Community Plan and also with City Council resolution"; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #18, SERIES OF 1994 - Shoplifting Tom Stephenson, police chief, told Council this ordinance makes shoplifting under $400 punishable in Municipal Court which will make the process quicker and more immediate. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. 4 Regular Meeting Aspen City Council May 9, 1994 Councilwoman Waggaman moved to adopt Ordinance #18, Series of 1994, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. KRAUT PHASING DECISIONS Jim Curtis, housing board, told Council the construction drawings and specifications have been finished. The project has been put out to bid; the bid deadline is May 11 at 4 p.m. Curtis said they have also submitted for building permit. If the bids come back at a reasonable price, construction should begin in mid-June. If the bids are too high, the housing office will probably postpone construction while costs are negotiated. Curtis said he would like to have the initial construction and garage work done prior to winter conditions and have the garage ready for winter operations. Curtis said Council indicated they would like to wait another 45 to 60 days before spending more money for the phasing. Curtis said once there is a contract, staff can negotiate a contract to buy more time and try to fix what the project costs would be and how to fix the costs. Curtis said he would like Council's approval on the direction this project is proceeding. Mayor Bennett said he likes the concept and likes the idea of buying time before the final decision of what size project this will be. Mayor Bennett said it will also give the city time to find out if the prospective partners are interested in sharing some of the expenses. Councilwoman Waggaman said it seems like the city should proceed with the garage because a garage of some size will be needed no matter what happens on top. Councilwoman Richards said she is concerned with the overall time lines; it appears the Kraut project will not be complete for 3 years. Councilwoman Richards said if the decision about City Market is not made by July, the Kraut project should proceed by itself. Curtis said in the bid package, the contractors will hold their bid prices for 60 days. Council agreed they need to make a decision on whether to go ahead with the superblock project or not. Council requested staff to put together a generic timeline on when public meetings will be, when documents would need to be drafted and reviewed, etc. Curtis reiterated he will try and start construction on the project in June to prevent winter construction; he will postpone spending up to $10,000 and negotiate with the contractor a 45 to 60 day window to revisit the issue of the larger project; he will 5 Regular Meeting Aspen City Council May 9, 1994 negotiate with the contractor additional time and still nail down the fixed costs especially in a phase 1 situation; and will also work on how phase 2 costs will be negotiated. Councilwoman Richards moved to adjourn at 6:35 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Kathryn S. Koch, City Clerk 6 Regular Meeting Aspen City Council May 9, 1994 PROCLAMATION - National Historic Preservation Week 1 ............. PROCLAMATION - Aspen Public Works Week 1 ......................... PUBLIC WORKS CITIZEN OF THE YEAR AWARD - Jon Busch 1 ............. OUTSTANDING EMPLOYEE BONUS AWARDS 1 .............................. CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 3 ................................ ......... CONSENT CALENDAR 3 ................................ ............... LIQUOR LICENSE HEARING - Ajax Tavern 3 ........................... ORDINANCE #15, SERIES OF 1994 - 303 E. Main Historic Designa- tion 4 ................................ ...................... ORDINANCE #16, SERIES OF 1994 - Codification of Water Poli cy 4 ... ORDINANCE #18, SERIES OF 1994 - Shoplifting 4 .................... KRAUT PHASING DECISIONS 5 ................................ ........ 7