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HomeMy WebLinkAboutminutes.council.19741029 Regular Meeting Aspen City Council October 29, 1974 Meeting was called to order by Mayor Stacy Standley at 5:00 p.m. with Council- ~members Jack Walls, Michael Behrendt, Ramona Markalunas, Jenifer Pedersen, City Attorney Sandra Stuller and City Manager Dr. Philip Mahoney present. MINUTES Councilwoman Pedersen moved to approve the minutes of October 15, 1974 as prepared and presented by the City Clerk. Seconded by Councilwoman Markalunas. All in favor, motion carried. CITIZEN PARTICIPATION No comments. COUNCILMEMBER COMMENTS a - Councilman Walls questioned if a strict policy were being followed in the picking up of dogs not on a leash. City Manager Mahoney reported present- Dogs ly in process of initiating new procedures on reporting and policy. Dog Wardens have been asked to intensify pick-ups of violations. b - Councilwoman Markalunas questioned under whose authority are people using the Thomas property on the south side of Highway 82. Dangerous situation as presently exists with the traffic, parking and pedestrians crossing the Thomas Prop. highway. Manager Mahoney reported the City has not given any authority, lust Use groups using the land as a playing field. Mayor Standley reported the land belongs to the citizen and feel they should have the right to use the land. Council concurred with ticketing of vehicles parked along the highway in this area which has created a dangerous situation. c - Councilwoman Markalunas questioned if the leasee is working on the Ptarmigan Ptarmigan as proposed. Manager Mahoney reported yes. d - Councilwoman Pedersen questioned if other members of Council were interested in extending the mall on Galena between Hyman and Cooper and discontinuing ' [i~ Mall the mall presently on Galena between Cooper and Durant. Council request this be tabled until such time as ful~nCouncil is present and in the interium the Mall Commission consider this item. Councilman Pete DeGregorio arrived. ~ Councilman James Breasted arrived. e - Councilwoman Pedersen~questioned if additional planting and clean-up could be accomplished of the construction area in Meadowood along the Maroon eadowood Creek Water Line. City Manager reported some has been done. lean-up f - Mayor St~ndley requested another study session on the new zoning Code. ~'~ Study session scheduled for Monday November 4, 1974 at 7:00 p.m. Zoning Code g - Mayor Standley reported the Master Plan for~Hunter Creek includes a parking area. Suggest the City offer the land which the City has leased on Red Mountain which land would also be incorporated in the trail plan. Council authorized Parking,Hunter the Mayor to contact the County as relates to zoning in the area and ascertain Creek if parking area would be a permitted use and if affirmative contact the appropriate organization and make the offer. h - Councilman Breasted informed the Council a meeting will be hela in Rifle on November 14th on standards for air pollution. -Conference put on by the ?ollution Colorado Air Pollution Control Commission. City Manager to direct someone from the administration to attend this meeting. 1 - Councilman Breasted request the City Council be informed when the Gant applies for a permit for the third phase of their project. Council so con- Gant curred and City Manager to so direct this informati~n~to the Building Inspector. GREAT GORGE, BEER, WINE AND LIQUOR APPLICATION Mayor Standley opened the public hearing, informing those present the location of the premises and type of license applied for. It was reported by the C~ty Liquor App. Clerk all requirements of the State and City had been met. Great Gorge Attorney Martin Kahn was present representing the applicants who were also present. Alan Gordon who is the'major stockholder and who will manage the business has been in the restaurant business~for approximately 4 years. Mr. Gordon and his wife moved to Aspen in February of this year at which time they purchased the Poppycocks., and since have taken over other businesses in the Brand building, which has become the Great Gorge Restaurant. The restaurant is. open 7 days a week from 7:00 a.m. to 1:00 almost the whole year around and has a seating capacity of about 75 inside and 50 outside. Mr. Kahn stated the restaurant tends to have a high quality atmosphere and also high quality food. Applicants do not intend to have a bar atmosphere but rather liquor to compliment their food service. There have been a number of customers to the restaurant who have expressed their disappointment that there is no liquor. Mr. Kahn submitted petitions bearing approximately 700 signatures. Further outlined that the signatures obtained include all businesses in the Brand building and about 40 signatures of surrounding businesses. Copies of the menu ~ere also submitted to Council. Mr. Kahn stated he had the manager of the Roaring Fork Butcher Shop available as a witness, but due to the length of the agenda before Council, request to hold the witness in abeyance at this time. Plans of the premises to be licensed were reviewed. There being no further comments, Mayor Standley closed the public hearing. Councilman DeGregorio moved to approve the license as applied for. Motion died for lack of second. Councilwoman Pedersen stated she felt a beer and wine license in this location would be better than a full liquor license and also that stability should be established in this location prior to issuance of a license. Mr. Kahn s~ated people want a full service bar rather than just beer or wine. Also a consider- able amount of space is involved and atot of money has been invested. Councilwoman Markalunas stated she felt the needs of the neighborhood have been met in the City and cannot vote for a three way license in this location. DON GIOVANNI'S, PURCHASE & SALE Application was submitted to transfer the three way license of the Buffet Room ,iq. Transfer to Don Giovanni's, located at the Continental Inn. Councilwoman Pedersen moved to approve the transfer as applied for. Seconded by Councilwoman Markalunas. All in favor, motion carried. ALCOHOL & DRUG ABUSE GRANT Grant Request Mayor Standley reported there are COG funds available to the City of Aspen. Mr. CharlesfBaker of Greeley was recommended and has been working on a survey in Aspen and is present today to submit recommendations. Mr. Baker submitted an Outline of Intent and referred Council to Page 5 of the report which states 8 items which the program will do: (1) establish 24 hour telephone for crises and referral work; (2) individual and group therapy; (3) informal counseling, out reach throughout community; (4) time out, relaxed atmosphere; (5) correct drug information; (6) street screening of drugs with feedback to the total community; (7) information and referral training; (8) viable training program for volunteers, to give volunteers in the community credibility. Emphasis will be placed on those from 10 years to 25 years of age. $35,000 available in funds and the Outline of Intent will be used in order to apply for those funds. % At this time would also like. to request from the City, to use as matching funds for the grant, the grey .~p~c~which is presently not in use at the golf course. Facility will be used as a gathering place for young people, and will be supervised at all times. Facility will be open 24 hours a day, seven days a week. The recipient of the grant would be Touchstone. Program in Aspen could be run by one full time person. Representative fromTouchstone stated they were in support of the concept. Mr. Baker stated he was amazed at the lack of recreat- ional facilities in Aspen for young people, i.e. basketball courts (outside). Adults are having a good time and doing their own thing. Councilman Behrendt moved to allow the rental of the facility as requested at a fair rental to be determined by the City Manager. Permission granted conditioned upon the receiving of the grant, duration of permission to be the same as the duration of the grant. Seconded by Councilwoman Pedersen. All in favor, motion carried. MOUNTAINEDGE Mountainedge Mr. Charles Vidal was present to react to statements made by the Council at the last regular meeting. Propose the 90 units, 160;000 square feet and including 5,000 sq. ft. of employee housing. Would ~ncrease the square footage of employee housing if Council would approve an increase in the 160,000 sq.ft. State the total difference in units between what is being proposed and what ~s allowed is 25 units. Mr. Vidal reviewed the FAR of Mountainedge with buildings presently existing Timberidge, North of Nell etc.. Sketch and profile of the Mountainedge project were shown to Council. City/County Planner John Stanford stated this project is not consistent with the policies adopted under Ordinance #19. Mr. Vidal referred to Council minutes of April 24th whereby Mr. Herb Bartel of the Planning Office stated this project was not in conflict. Councilwoman Pedersen moved to deny the outline development proposal of Mount- ainedge. Seconded by Councilman DeGregorio. Councilman Breasted stated he could not vote for this project, feel must support tbs downzoning and the proposed zoning. Councilwoman Markalunas stated she felt the applicants had tried to work with the City, in the best interest of the City. Councilman Walls stated he did not feel the staff has worked with the applicant, feel the project is proposed for the r~ght area. Councilman Behrendt stated he did not agree with the large development in this location. Councilwoman Pedersen stated that after the City's experience with Truman, contract zoning does not interest her at all. Mayor Standley stated he objected on the following grounds: (1) the City does not have an approved zoning code; (2) the P & Z has denied the project; (3) it does not meet the recreation requirements according to the approved master plan submitted; (4) it is more than doubled the zoning in the new area per our new zoning code; (5) they have not considered the avalanche danger which the project is in the area for this type of danger to occur; (6) time sharing has many adverse impacts , 1 being it could create as many as 2300 new land owners who would be special district voters , requires a street closure of Juan Street in an already heavy congested area , density transfer is not allowed except for contiguous property in the new zoning code and its not really 15 acres because alot of that is either in avalanche zone or above the 8040 line. Councilmembers Walls and Markalunasnay ; Councilmembers DeGregorio, Breasted, Behrendt, Pedersen and Mayor Standley aye. Motion carried, pro~ect denied. ORDINANCE #48, SERIES OF 1974 Mayor STandley opened the public hearing. There being no commen~s, Mayor Standley Ord.#48 Recal closed the public hearing. Councilman Pete DeGregorio left Council Chambers. Councilman Walls moved to read Ordinance #48, Series of 1974 on second reading. Seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #48, SERIES OF 1974, AN ORDINANCE PROVIDING FOR THE ELECTION OF THE SUCCESSOR OR SUCCESSORS TO A RECALLED COUNCILMAN OR MAYOR AT THE TIME OF SUB- MISSION OF THE QUESTION OF RECALL ALL AS PERMITTED BY THE RECENT AMENDMENT OF · SECTION 3.8 OF THE ASPEN MUNICIPAL CHARTER was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance #48, Series of 1974 on second reading. Seconded by Councilman Walls. Roll call vote - Councilmembers walls aye; Behrendt aye; Breasted aye; Markalunas aye; Pedersen aye; Mayor Standley aye. Motion carried. ANNEXATION INVESTIGATION Councilman Behrendt moved to request the administrative staff look into the Annexations pros and cons of annexation of the urbanized areas contiguous to the City during the winter months. Seconded by Councilwoman Pedersen. All in favor, motion carried. ~ William Dunaway questioned why the economic studies have not been submitted ~ that were requested to be submitted along with the new zoning code. City Manager reported the information is being obtained, but is not in publication form at this time. HOLY CROSS NEGOTIATIONS City Manager request an executive study session with Council prior to November 22nd which is the next meeting with Holy Cross. Council agreed to meet on Holy Cross Wednesday, November 13th at 7:00 p.m. in executive session. Neg. ELECTRIC RATE STRUCTURE Large report was submitted for Council review. Report was copywrited. ~lec. Rates DAY CARE CENTER Ms. Phyllis Bergen was present to request the use of the Lift No. 1 building Day Care Center from the City and the amount of their starting budget in order to get the project of a day care center off the ground. Feel the facility wwould be self-sustaining within a year. Ms. Bergen stated she felt their was a great need for such a facility in Aspen, it would be run on a non-profit basis which would allow for grants and funding. Fees would bebased on a sliding scale based on eligibility to pay. Facility would be state licensed, would use highschool students as aids and also involve senior citizens. Majority of Councilmembers stated they felt the information submitted was not complete and also premature~ Further stated further investigation as to need should be submitted. Councilman Walls moved to table this request until additional information is supplied. Seconded by Councilwoman Markalunas. Council request the Human Resource Counsel be involved in this. All in favor, motion carried. ROCKY MOUNTAIN AIRWAYS, WATER TAP City Manager Mahoney request confirmation from Council on a water tap (temporary) to Rocky Mountain Airways which he had granted. The need for the tap is for ~ater Tap,Rocky the winter season only. qt. Airways Question was raised as to whether the tap was for the County or Rocky Mt. Airways. Councilman Breasted moved to add this item to the agenda. Seconded by Council- man Behrendt. All in favor, motion carried. Councilwoman Pedersen reported she did not agree with granting exceptions when a policy has been established. Council request the Manager bring back to Council fu 11 details for consid- eration. RECORDING & SOUND SYSTEM, COUNCIL CHAMBERS City Manager reported an estimate had been received to redesign the sound system for more volume in the amount of s892.00. Council Chambers Councilman Breasted moved to approve a supplemental appropriation for this expenditure. Seconded by Councilman Walls. City Manager reported the accounts payable are now 60 days in arrears. Members of Council stated their concern for this expenditure at this time. Councilmembers Pedersen, Markalunas and Behrendt nay; Councilmembers Walls, Breasted and Mayor Standley aye. Motion dies. HIGHWAY REQUESTS TO COG Councilman Walls moved to approve the requests as submitted. Seconded by Councilwoman Markalunas. All in favor, motion carried. Highway Requests ORDINANCE 950, SERIES OF 1974 Report was submitted by the City Attorney outlining those projects having Ordinance ~19 approval, also corrections were made to the report. ~ ~Ord. ~50 Councilwoman Markalunas moved to read on first reading, Ordinance ~50, Series of 1974. Seconded by Councilwoman Pedarsen. All in favor with exception of Councilman Walls who abstained. Motion carried. Exempt. fron ORDINANCE #50, SERIES OF 1974, AN ORDINANCE EXEMPTING FROM THE RECOMMENDED OR Zoning Code ADOPTED NEW ZONING CODE AND DISTRICT MAP THOSE ORDINANCE 19 APPROVED BUILDING PERMIT APPLICANTS WHO SHALL SUBMIT THEIR FINAL PLANS ON OR BEFORE DECEMBER 31, 1974; WHO SHALL COMPLY WITH ALL OTHER BUILDING REGULATIONS; AND SHALL ON ISSUANCE OF THE PERMIT PROCEED WITH CONSTRUCTION OF EXEMPTED PROJECTS WITH REASONABLE DILIGENCE was read by title by the City Clerk. Councilwoman Markalunas moved to approve Ordinance #50, Series of 1974 on first reading. Seconded by Councilman Behrendt. Roll call vote - Councilmembers Pedersen aye; Mark~lunas aye; Breasted aye; Behrendt aye; Walls abstain; Mayor Standley aye. Motion carried. RESOLUTION #35 & ORDINANCE #51 City Attorney discussed with Council the configuration of the proposed annexation Annex. and the problem of the land under dispute between Thomas and Marolt which lies Thomas Prop. in the center of the proposed annexation. Council request the City Attorney and Engineering Department review the property as relates to contiguity, problem.of further annexations in that area, and bring back to Council an Ordinance and Resolution to annex a reasonable portion of the land. Councilwoman Markalunas moved to.~able consideration of Resolution #35 and Ordinance #51 at this time. Sec~ded by Councilman Walls. All in favor, motion carried. ORDINANCE #52, SERIES OF 1974 Ord.#52 Councilwoman Markalunas moved to read on first reading Ordinance #52, Series Housing Cod~ of 1974. Seconded by Councilman Walls. All in favor, motion carried. ORDINANCE #52, SERIES OF 1974, AN ORDINANCE ADOPTING BY REFERENCE T~E UNIFORM HOUSING CODE, 1973 EDITION (EXCEPTING SECTION 203 THEREIN); AMENDING CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR VIOLATIONS OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH was read by title by the City Clerk. Councilwoman Markalunas moved to adopt Ordinance #52, Series of 1974 on first reading. Seconded by Councilman Walls. Roll call vote -Councilmembers Walls aye; Behrendt aye; Breasted aye; Markalunas aye; Pedersen aye; Mayor Standley aye. Motion carried. ORDINANCE ~53, SERIES OF 1974 -- Councilman Walls moved to read on first reading Ordinance #53, Series of 1974. Secondsd by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~53, SERIES OF 1974, AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM Ord.~53 MECHANICAL CODE, 1973 EDITION; PROVIDING PENALTIES FOR THE VIOLATION OF SAID Mechanical Cod~ CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance #53, Series of 1974 on second reading. Seconded by Councilman Walls. Roll call vote - Councilmembers Behrendt aye; Breasted aye; Markalunas aye; Pedersen aye; Walls aye; Mayor Standley aye. Motion carried. Council request the next agenda include an item entitled Enforcement of Codes.' Councilman Walls moved to adjourn at 9:00 p.m., seconded by Councilwoman Pedersen. All in favor, meeting adjourned. ~ ----~Lorraine Graves, ~rity Clerk Amendments to ROCKY MOUNTAIN AIRWAYS, WATER TAP RESOLUTION 10/29/74 Minut~ The general concensus of the council was that exceptions should not be made to PIF policies especially when the estimated cost of the 3/4." water tap was $1200. The solution suggested and hoped for was that the tap fee be paid by the landowner, the County, with that amount credited to them when the eventual final taps installed at the airport. \ City Manager Mahoney would take these directives and would return to council with word of the final solution. MOUNTAINEDGE Councilmember Markalunas' comments for the record: "I have to take exception with you Jim. I think that when Chuck Vidal came to us in the spring of the year, right after the rather sudden downzoning of Ute Avenue, he gave us the proposal with the antici- patioR that we were all working together in the best interest of this community. It seems to me that 15 acres of open space in this over all project that he is discussing is a substantial amount of open space forever f'or the community. I also feel that this council's integrity and responsibility is on the line. We indicated to this man that we would make every effort to work with him where we have not done so in any instance that I can think of. He has repeatedly come back to us with various proposals with alternatives. With saying what do you want, what is it you want and everything and we come down to the wire now. It's a yes or no thing based on a Regular Meeting Aspen City Council November 11, 1974 fictitious revised zoning that we are hopefully going to adopt for some of the Amendment to people on this council and see how it works and how_it will be amended and how minutes, cont'd. it will juggle itself doWn to something that we call a zoning code. And I'm just sick about it, I just think that its a ridiculous way to legislate people's ~ zoning and planning, if you want to call it that." ~ Lorraine Graves, City Clerk