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HomeMy WebLinkAboutminutes.council.19710111 ~se Regular Meeting Aspen City Council January liD 1971 Meeting was called to order by Mayor Eve Homeyer at 4:10 p.m. with Councilmen Edwin Vare, Ross Griffin, Jack Walls, Francis Whitaker, City Attorney Albert Kern, City Manager Leon Wurl and Finance Director Dennis Veeder. Councilman Walls moved to approve the minutes of December 21, 1970 as prepared and mmiled Minutes by the City Clerk. Seconded by Councilman Whitaker. Ail in favor, motion carried. Councilman Walls moved to approve the minutes of December 28, 1970 as prepared and mailed !by the City Clerk. Seconded by Councilman Griffin. Ail in favor, motion carried. iAccounts Payable - Councilmmn Whitaker stated he had not been able to review the statements Accounts Payable Councilman Whitaker moved to approve the accounts payable subject to Councilman Whitaker's review. Seconded by Councilman Walls. Roll call vote - Councilmen Vare aye; Griffin aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Agenda - Mayor Homeyer pointed out ~the policy is that the Council will listen to everyone. ~ ~ If there are any questions about items on the agenda which have not been given due notice, ~-~ the item will probably be tabled for further consideration. Also, in these days of so much emphasis on environment, beg all to help in keeping the City clean. · ., 1117 ........... ~gular Meeting Aspen City Cgu~cil Mayor Homeyer reported the Floradora application has requested postponement at this tz e. Lodging . . Lodging Association - Mr. Jerry Ramsey and Mr. Jack Jenkins were present representing the Associatlnn Lodging Association and submitted to the Council two resolutions~ which.were ~ead~by~if<~i: Mr~ Jenkins~ Resolution #1 relating to the image of Aspen nationally publicized through the news media that a serious narcotics problem exists in Aspen and further, the presence of a large number of undesirable persons as another contributing factor. Resolution #2 dealt with a request to the City Council and County Commissioners .that all existing state and local health and housing laws be strictly enforced. Mr. Ramsey stated he is the chairman of a committee of 14 lodgeowners and managers. Main objective is to attemp to improve the image,of Aspen. Further indicated to the Council the unanimous approval of the resolutions was not of~the entire membership, but only of those present at the meeting when the resolutions were considered. (80 members, 34 present at this meeting.) Mr. Lou Wille stated he is a member of the Association and was not informed of the resolutions. Suggest, in my opinion, the resolutions axe unconstitutional if trying to repress certain groups of people. The State LCU can takethis matter back into Federal District Court. Councilman Griffin request the following be made a part of the record of this meeting: (Article appearing in the Aspen Times dated January 7, 1971) "One of a touring group of foreign journalists who visited Aspen and other Colorado ski resorts recently praised Aspen as 'The St. Moritz of Colorado,' but cast a coldly critical eye at some other aspects of this trip. The journalist, John Hennessy of the London Times, presented~his reactions in the Dec. 18 issue of the paper. Hennessey was particularly impressed by the grooming of~the slopes and friendliness of lift~attendants~ ~ . "At the crack of dawn,' he said, "the snowmobiles would be at work, compacting new snow and planing off exaggerated moguls~...Places that had become unpleasant (but not neees~ar- a ' ily dangenous)~were flagged~off to vert misfortune." "The lifts not only function admirably," he continued, "but there is always a ready hand at the bottom. As often as not one would be invited to 'Have a nice run, sir'. How re- freshingly different it~all~was from the rather.surly attention to bare necessities (or even total lack of attention) that one meets all to often in Buropeo" On the high cost of lift tickets, Hennessey said, "One must ski like a demon to derive the full benefit." Hennessey was also impressed by Aapen's wonderful~snow, the warmth of the sun and the hospitality at all times. "Loveland Basin," on the other hand, "can be Briefly d~smissed," he said. '~ith extravagan support from Aspen," he feels., "Breckenridge will grow into one of the most important ski areas in the United States within the next few years." 0n Vail: "Unlike~Breckenridge anR-Aspen~ Vail is a new conception.with no historical roots and it bears, in its architecture, an echo of the recent past when American senses were attuned to Europe in a skiing context. "How'much better if the hotels had reflected the traditions~of the old West, and how much more charming." In another article, title."'Kilty, keeps a jump ahead of strangers in para~z'se~' '.Hennessey muses about the connection between Jean-Claude and Breckenridge. Killy holds the job of 'ski-consultant" at Breckenridge and has been given an expensive house. Hennessey says:"I have rarely seen a cotder or less attractive home on either side of the Atlantic. The predominant color (stretching a point) seemed to be black, except in the great man's bedroom, which went to the other extreme. An enormous bed was further magnified'by a wall-sized mirror and entirely, covered by a fur quilt. It seemed a tawrdy mistake." "So far as I could discover Killy has never skied at Breckenridge, which is just as well, Hennessey said. "The link between Killy and Breckenridge is ~ straight business transaction,"Hennessey said. He reports that Vail, toom was in the market for Killy's favors, but that negoiation had broken down when Killy's promoters asked for $30,000 in exchange for the presence of 11,18. ReKq!ar_ Meeting Aspen City Counci Mr. Jack Jenkins referred to 2 articles appearing in out of town newspapers, Cleveland Lodging ~ress, stating Aspen is in 7th place as relates to ski areas to go to. Vail was listed Association as number one and Steamboat Springs as number 2. Mr. Jenkins stated whether we agree with the articles or not, this is what people are reading and believing. ArtiCles state Aspen is over-crowded; over rated runs; ~over priced lodges that are 20 years old; food costs high; require reservations 2 days in advance for restaurants and the apres ski crowds are loud and noisy. Articles state Vail and Steamboat Springs have the terrain, better runs, friendly people and less expensive., Mr. Ramsey suggest that if present ordinances are unenforcable in the sanitation and housing catagory, then they should be changed. Suggest inspections by the Sanitarian and Building Inspector be made of all lodges. Councilman Griffin stated he would not cooperate with any organization who uses the attitude of undesirable with no definition. No one has defined undesirable. Councilman Walls reported about two weeks ago, the RSA met with the ACVB directors to discuss why the funds were cut to the ACVB. At that time.mmde the remark that the Chamber itself has not functioned correctly for a number of years, not talking about advertising but about public relations, In regard to bad publicity, would be a good idea for the lodging association to work with the Chamber so the Chamber can get on the footing that it should so the problem can be solved of bad publicity. Councilman Whitaker stated there is a serious problem here of narcotics and feel the Council should concern themselves with this problem. Councilman Vare questioned the representative of the Lodging Association on what is meant by actions, morals and appearances. Mr. Ramsey stated the problems concerned about are during the summer time and Wagner Park. Business dropped 50 to 60% this last summer, In Wagner Park people smoke marijuana, they'r, dressed in small bits of clothing and these people do alot of things in the park which are offensive to the visitors. yr. Peter Guy was present, representing the school district and wished on a preliminary School - basis to say the school is looking into the Happy Hearth Inn or a portion thereof for Happy Hearth an elementary school. Would like to continue this investigation unless Council is against Inn this. Council stated they had no objection to the school cOntinuing their znvestzg tmon, Rezoning, The Doremus/Fleisher Company Request - Mayor Homeyer opened the public hearing. Rezoning, The Doremus/Fleisher Robin Molny, Chairman of the Planning and Zoning Commission, was present and stated this Company request is for Lots 1 thru 8, Block 8, Riverside Subdivision presently zoned R-PC-15, request for rezoning to RMF. Mr. Molny pointed out the area under consideYation on the zoning map of the City and also on an aerial photo map of the City. Area i~a~ently used for storage of masonry materials.. Planning and Zoning Commission determined'that although the applicant is seeking remoning to cnnstruct the type of dwellings we need most, that the location is not correct for rezoning and that there is so much AR-1 zone that could accommodate this ~type of construction. Therefore, Planning and Zoning pursue to amend the zoning code to encourage construction of long term housing in the AR zone. Planning and Zoning Commission held a feasiblity meeting to see wheter the application had merit; public hearing was held and then a determination was made by the Commission. The following resolution was read by Mr. Molny. WHEREAS, a request was made to the Planning and Zoning Commission for rezoning of Lots 1 thru 8, Block 8, Riverside Addition from R-PC-15 to R,MF zoning by the Doremus/ Fleish.er company; and WHEREAS, the Planning and Zoning Commission held a public hearing on the request December 8, 1970. NOW, THEREFORE, BE IT RESOLVED, the Planning and Zoning Commission recommends, denial of this request based on the following points: (1) No changes in the character of the area have occurred; (2) Existing zoning is correct and in compliance with the adopted plan for the area; (3) Zoning is available that could be developed for multi-family dwellings; (4) The increase in density in this location would have an undesirable affect on the neighborhood. NOW, BE IT FURTHER RESOLVED, the Planning and Zoning Commission is committed to the study and recommendation for means of encouraging inclusion of R-MF type zoning into the existing AR-1 zone, the AR-1 zone presently being too extensive and a combination ~ith R-MF as a conditional use subject to the approval of the Planning Commission is contemplated. 1119 . Regulay.M~etinE Aspen~,Ci,~% Council Rezoning- Mr. Molny read a letter from the Doremus/Fleisher Company dated December 17th stating the Doremus/ following as considerations for covenants the applicant would accept: Fleisher (1) That not move than 12 units be constructed on the property. Company (2) That the units would be rented to permanently employed ~esidents of Aspen.only. (3) That there be 1~1/2 parking spaces provided for each unit constructed. (~ That completed building would not cover more than 40% of the available land excluding a cover for the parking area if one were built. Councilman Walls questioned on what basis has the Planning and Zoning given ~hought on how long this dwelling would remain long term rentals. Mr. Molny stated this would be done by agreements and leasing to various employers. stated that Planning and Zoning feels that up zoning is not appropriate because land is available for this type of construction. The reason this type of construction is not being developed is because it is too lucrative to go the route of condominiums. Planning and Zoning Commission intend to solve this by giving incentives this encouraging this type of construction in the AR zone. Applicant has an option to purchase contingent upon the re- zoning. Mr. Donald Fleisher, applicant, was present and made ~he following points: (1) Property is contiguous to present R-MF zone. (2) Property lies between R-MF and two non-conforming uses - Kastellic apartments and one apartment complex owned by Frank Johnson and others. (3) Would not contribute to spot zoning. (4) The neighborhood consists of apartment houses,~would complete the use of the neighborhood. (5) Fully intend to use the property for permanent housing; contemplate~.12 - 2 bed- room apartments. Willing to restrict this to covemants. (6) Suggested covenants previously read. (7) Property is 21,000 square feet and isolated, cannot effectively be used for what the property~ is. zoned for. Mr. Fleisher commented on the observations of the Planning and Zoning Commission,by saying the Commission listed also pro comments in favor of this project. (1) Would be used for permanent housing accommodating 40 or 48 people; (2) Opportunity does not exist to extend the R-MF zone. Out of 700 acres of City land, 18 acres are zoned R-MF and 75% has already been developed. There is no R-MF land available for purchase. Mr. Fleisher made the following comments a s relates to the Planning and Zoning Commission against statements: (1) Planning and Zoning has not stated what period of time nor how far from this property~changes.have~not occured. Cantrup's apartments are, non-conforming and within the vicinity. (2) Feel it is not necessarily logical that the Master Plan is correct. Feel there are times when re-evaluation of the Plan should take place. Would like to see possible:area for~R-MF zone with less~ density than presently allowed in this zone. (3) True, .plenty of AR land available but not economically at $4.00, $5'.00 and $6.00 square foot. To encourage, RMF type~,dwellings in the AR zone, will still take from 3 to 5 years for the 'land to become economically available. (4) Present use of this land is light industry, and feel this is undesirable. Feel this would be an improvement to the neighborhood. Mr. Walter Mueller was present and submitted a petition bearing 89 signatures. Heading of petition as' follows: ' We the undersigned object to the proposed change' of zoning on Lots'l' through 8, Block 8, Riverside Subdivision from RPC-15 to RMF for the following reasons: This area was developed in the 1950,'s~ and became congested, due to the lack of a density 'd law. When the~ present zoning was enacted a consl erable number of dwellings then became "non-conforming." If these non-conforming cases are permitted to be used, as arguments for new requests for changes, we believe that the very purpose and protection of the law would be can'elled out. To add to this already congested condition be remoning the area to an even hi~her use" of RMF would be con~tradicatatory~ to the "intent and- purpose" of~: our planning and concept ..... "denisty and~ scale to create the~- feeling of separation , open spaces, livabili~ of the community, etc." To rezone this area to P~ .because of contig,ious P, MF, ownership would set a precedent and encourage similar requests. ~ The proposed 14 unit apartment complex would greatly increase an existing population density, create an intense building complex in a primarily residential area, worsen congestion' to~ the adjacent R~/k~ne~,~ create an impossible, parking, problem and, add to-the traffic hazards at,Highway 82'~intersection:'. -~ I120 Regular Meeting Aspen City-Coun&il . January Mr. Mueller stated the people are not against this but for the preservation of the Rezoning, neighborhood as it stands today. Mr. Mueller made the following points: cause congestion Doremus/ which is contradictory of the Planning a~d Zoning's~sqnepts; would-set a precedent~for Fleisher~ · similar requests;,increase the populatio~ and density in a residential zone; parking Company problem; add to;,the traffic hazards on Highway 82; difficult to enforce rentals f6r permanent employees; Applicant-is saying a small section which' is a good-argument that this should not disturb the neighborhood for this small section. Applicants have only an option and the price of the'land wouldincrease if the rezoning is~granted. At the Plannin and Zoning hearing, another person wants the same zoning. Jerry Hobgood made the points that the non-conforming uses were created prior tO zoning and the storage of masonry materials is also non-conforming and this would be an enforce- ment problem. Would rather see bricks-and'open~spacethan another building. Mr. Doremus stated Guido's application for rezon%ng was- for~AR zoning. Mr. Kasteltic's apartments were built with a variance. Majority of the people opposing this application lie across the highway. The~Kastellic's and the owners of the Frank Johnson prpperty for this application. Feel this is a logical area for this ty~e of.use. Mr. Tom Marshall stated the properties in this neighborhood are undersized. Own lots across highway 82 from this area in question and the tots are~ 25 x-100. Own 2 lots and cannot build a duplex. Opposed to this request. Councilman Comcowich stated-the applicant is basing his request on economic considerations property costs less because it is zoned for less dense use~. Because. you can't afford the land that is available for RMF use. Mr. Fleisher stated the price of the property is $36,000 and'anticipate the cost per unit will be $3,000. People will pay $5,000 or $6,000 cost per-unit for condominiums. Cannot spend more than $3,000 per unit for these apartments. Mrs. Betty Kallstrom questioned Mr. Fleisher as to what the rental~cost.~woutd be. Mr. Fleisher stated he did not know at this time, since final architectural drawings have not been made. Mayor Homeyer closed the public hearing. Councilmmn Whitaker moved to tabte action on this~apptication un~it the-next regular meeting. Seconded by Councilmmn Walls. Ail in favor, motion carried. A request in the form o'f-a petition was-submitted'to Council by Attorney John Wendt to ~lley Vacatio~ vacate the alley in rear of lot 2-, Block'40, HallamAddition being a distance of thirty Block 40 feet 1.2 feet of the alley. Hallam Addition' This request caused by an existing building in the alley which encroached in~o the alley prior tothe City's title to the alley. This problem has caused the title to be unmarket- able. City Attorney and City Engineer have reviewed this request. Property is located at 514 North 3rd Street and the guest house encroaches into the alley.. Council informed Mr. Wendt, if this request is granted, the house will be nonrconforming as to setbacks. Councilman Griffin moved to approve this request and authorize the City Attorney to dra~t the necessary documents to vacate they alley as outlined above. Seconded by Councilman Comcowich. Rbll call vote Councilmen Whitaker aye; Walls aye; Griffin aye;'Comcowich aye Vare aye; Mayor Homeyer aye. Motion carried. Rocky Mountain Natural Gas - Mr. John Reed, Vice President, was present. City Manager Leon Rocky Mountain Wurl stated complaints had been received that during the cold weather recently, home could Natural Gas not even get heat. Mr. Reed explained they have had no problems within the City limits,~do have problems with tail end pressure outside the City and this is not uncommon. When excessively low temperature occurs and have high load the system is flexible to handle this then it is found out, and increase the pound pressure City Attorney Kern questioned if Mr. Reed could give an indication of when the rates would be increased again. Mr. Reed~ stated he could not 'say at tkis time. To meet future demands growing from 3 to 6 million feet of gas a year, Mr. Kern questioned if there will, in the future, be a lack of supply to serve this community. Mr. Reed stated Rocky Mountain is doing everything that can possible be done fora long term supply. Mr. Bill Beyer questioned what is the BTU~ Mr. Reed stated about 950 BTU on a cubic measurement. Mr. Beyer stated the less BTU's the higher ,t~e'cost to customers. Council request the charts from the testing of the BTU's be sent to the City regularly. Board of Board of Adjustment - Structure - Council agreed they did not like the idea of alternates Adjustment as proposed by the Board of Adjustment. Council request this item be tabled until the next Structure regular meeting and Mrs. Hubbard be asked to attend. Civil Civil Defense - Manager Wurl relayed a request to the Council from Mr. Arthur Franklin for Defense S450 for civil defense in Pitkin County. Council request additional information be presente ~ ie, what the money will be spent for, etc. One Way Street One way street report made by the State Highway Departmen~was submitted. Council agreed Report to meet on Monday, January 18th for a study session on this item. Re~ Mountain Land acquired for a tank site on Red Mountain ~rom Mr. Lyndon Blue was outIi~by Mr. Tank Site Wurl as being appraised at $33,336.38. Mr. Blue asking for $33,500. Money has be~n ~u~geted for the acquisition ................ Councilman Walls moved to authorize the acquisition of land from Mr. Lyndon Blue in the amount of $33,500~00~Seconded by Councilman Griffin. Roll call vote - Councilmen Walls aye; Comcowich aye; Griffin aye; Whitaker aye; Vare aye; Mayor Homeyer aye. Manager Wurl explained the tank on Little Nell is scheduled to be phased out in 3 or 5 years. Goals and Goals-and Priorities - Manager Wurl submitted the Council's goals and priorities broken Priorities down into the following catagories: Planning; Administration-Council and Staff; and physical improvements. Starred items on the list are either in the· mill or have been begun in some manner. Council agreed to review this at the study session on January 18th.' Mini Bus Mini Bus Report - Manager Wurl submitted same to Council. Mr. John McBride, Chairman of Report the Transportation Committee, stated the report was done by Mr. Herb Barrel, Regional Planner, and other various individuals. Committee did not do a great deal on the report. Three unanimous decisions were reached by the Committee: (1) no charge (2) some means of implementing a use.tax on t~automobile; (3)investigate a 1% sales tax for a complete transportation system is feasible. Mr. Whipple Van Ness Jones stated the transportation committee has not approved the report, this was not brought up for final approval by the commi~teef Mr. Jones submitted a letter to the Council charging that DhSs project is a considerable undertaking and is somewhat larger undertmking than previously discussed. Feel we are talking about 18 buses that cost $29,000 and also land for a terminal.. Manager Wurl reported he and Councilman Griffin had met with Mr. David Levy and he is willing to ~ssist us in the processing of the application. Also stated that he would be to help us by contacting Department of Transportation people and other experts. Mr. Rob Roy w~s present and stated his concgrn of visual pollution, mainly the storage of construction materials on empty lots. Manager Wurl to check on the ordinances involved and report at the next meeting. Mayor Homeyer opened the public hearing on Ordinance #26, Series of 1970, AN ORDINANCE ANNEXING LOT 23, FIRST FILING, WEST ASPEN SUBDIVISION, PITKIN COUNTY, COLORADO, and was read by title only by the City Clerk. Councilman Comcowich moved to adopt Ordinance #26, Series of 1970 and order the same published as provided by City Charter. Seconded by Councilman Walls. Roll call vote - Councilmen Whitaker nay; Walls aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Mayor Homeyer closed the public hearing. Canyon Cable Canyon Cable Franchise - City Attorney Kern and Mr. Dunaway reported they have been workin~ Franchise on this and will have a report by the next Council me,ting relating to the serving of Red Butte Subdivision. City Attorney Kern reported a suit has been filed by Mr. Stephen Price against the Board of Examiners and Appeals. Board permanently expended Mr. Price's contractors license. Have filed an answer to the complaint, hearing is sheduled for January 20th. Council agreed to discuss the use of the Happy Hearth Inn at the golf course at the study session on January 18th. Councilman Walls moved to go into executive session at 6:55 p.m. ~econded by Councilman Griffin. Ail in favor, motion carried. Councilman Walls moved to reconvene in regular session and adjourn. Seconded by Councilman Whitaker. Ail in favor, meeting adjourned at 7:25 p.m. Lorraine Graves, City Clerk