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HomeMy WebLinkAboutminutes.council.19910128Regular Meeting Aspen City Council January 28, 1991 OUTSTANDING EMPLOYEE BONUS AWARDS 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 3 CONSENT CALENDAR 5 LIQUOR LICENSE TRANSFER - Little Annies 6 LIQUOR LICENSE RENEWALS 6 LIQUOR LICENSE RENEWALS - Ebbe's 6 RFTA SUPPLEMENTAL BUDGET RESOLUTION 91-1 7 ORDINANCE #1, SERIES OF 1991 - Senior Citizen Property Tax Rebate 7 DEPARTMENT OF HIGHWAYS REPORT 7 PERMISSION TO SUBMIT LAND USE APPLICATION - Fire District . Housing 8 9 Reaular Meeting _ Aspen City Council January 28, 1991 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Tuite, Gassman, Peters and Pendleton present. OUTSTANDING EMPLOYEE BONUS AWARDS Mayor Stirling and Council presented outstanding employee bonus awards to Barbara Umbreit, Carolyn Hardin, Bob Nelson and Maria Crook of the environmental health department for their contribution to a team effort and for preventing a financial loss to the city for completing a contract with the state of Colorado. The employees were presented with plaques and checks. Also receiving an outstanding employee bonus award was Billie Gray, finance department. Ms. Gray was nominated for her extra effort and leadership on the utility inventory cleanup project. Ms. Gray was presented with a plague and a check. CITIZEN COMMENTS 1. Fred Peirce, representing Hunter Creek Commons Corporation, told Council he has been dealing with the county on a proposed development on Rubey lot 6. Peirce said part of the proposal is to purchase an adjacent parcel of land in the city to be used for access to Rubey. Peirce told Council he has been discussing the possibility of putting this development on the Braden parcel; there are some concerns with this as it is in the EPA site and financing could be difficult. Peirce said they would like to know the city would be willing to fast track the application if it were to be transferred to the Braden parcel. Amy Margerum, planning director, told Council the city has a policy to fast tracking all affordable housing projects. They get agenda and meeting priority. 2. Steve Goldenberg said the entrance to town is absolutely full of potholes and is very dangerous. Goldenberg said he knows this is a state highway, however it is the entrance to Aspen and something should be done to permanently fix this. Carol O'Dowd, city manager, told Council the public works director is meeting on a regular basis with the highway department. The problem is not repairing the potholes but the actual road base. This is on the highway department's work schedule for 1991. Goldenberg told Council there are at least 350 parking permits for various reasons issued by the city. Goldenberg said there are about 350 parking spaces in the downtown area. Goldenberg suggested before all the parking permits are automatically renewed, the staff review the ordinances and policies to see what can be done to reduce the number of official permits, delivery vehicles, etc. Ms. O'Dowd told Council several good suggestions have been made; staff will be reviewing this. 1 Regular Meeting Aspen City Council January 28, 1991 3. Hans Gramiger suggested the city buy 5 FAX machines for the Councilmembers to have in their residences or offices so they can get instant communications. 4. Phoebe Ryerson said the reason there are parking problems is that 85 percent of the land in Pitkin county is owned by the federal government. Ms. Ryerson requested help from city personnel to plat the land around Aspen and the various ownerships. Council directed her to the city manager's office. 5. Augie Reno said the city and county have a policy with the housing authority not to review potential housing projects prior to an application. Reno said he has had the occasion to bring two potential entirely deed restricted housing project to the housing authority. Reno said he would like the city to rethink this policy so that potential developers do not have to go through the added expanse of an additional application to get a feeling to see if the projects have some validity for the community. Carol O' Dowd, city manager, told Council there is a pre-application with the planning office and P & Z prior to the actual application. Councilman Gassman said he will bring this up with the housing authority; it is a good idea. 6. Jody Murphy presented a petition to Council stating, "Let it be known that the following signatures represent individuals that support the American flags lining Main street. We do not neces- sarily support war but we wish to show our gratitude and support to the servicemen that are risking their lives in the Desert Storm Operations". Ms. Murphy told Council she collected 578 signatures from business owners, working in Aspen or Aspen residents. 7. Gary Gidley presented a petition to Council; "I support the re-hanging of the 44 American flags on Main Street, Aspen, Colorado, in support of our American men and women that are presently representing the United States of America in Operation Desert Storm". Gidley collected 509 signatures on this petitions. Ms. Murphy told Council the response was overwhelming; less than 10 people out of 600 did not sign the petition. David Kildaw, Mona Smith, Mary Martin, Scott Rider, Sy Coleman, Christine Gerschel, Stan Schecter, Ward Hauenstein, Lil Lively, Harlein Pederson, Mark Friedberg, Jay Parker, Patty Lecht, Alan Ripinsky, Barry Siegel, Jerry, Bill Greenwood, Larry Murphy, Sherry Young, Julie Ostrander, Phoebe Ryerson, Cynthia, Gus Dibello, Karen Keane, Scott Davidson, Marcia Goshorn, Paul McDonald, Tom Marshall, Bob Jenkins, Peter Korn, Lisa Bodek, Bob Taylor, John Puff, David, Jim Breasted, Rachel Richards all spoke about the U. S. flag, and the war in the Persian gulf. 2 Reaular Meeting ____ Aspen City Council January 28, 1991 Mayor Stirling read Resolution #4, Series of 1991, which was passed January 14, 1991. This resolution was not against the troops nor against the war. Mayor Stirling said the city put the flags up for Winterskol, and following that event the flags were to be taken down. This is general policy for all special events. Councilwoman Pendleton said the war is here and putting the flags up gives her a good feeling and a feeling of being part of this country. Councilwoman Pendleton said she supports putting the flags up and leaving them up at long as necessary. Councilman Peters said he is not divisible between being a public person and a private person. Councilman Peters said the public has a right to know where he stands on various issues. Councilman Peters said Resolution #4 as passed by Council was appropriate. Councilman Peters said he feels the flag equals war at this point. Councilman Peters said he would like to continue to influence President Bush to find the most peaceful path to resolution in the Persian Gulf. Councilman Peters said putting the flags up shows support for the war effort and military action. Councilman Gassman said the power to declare war is a federal power. Councilman Gassman said whether one supports the war or opposes the war, the place to argue this is not the city of Aspen. Support or opposition is a personal issue. Councilman Gassman said he has a problem asking the city to argue a case over which they have no control. Councilman Gassman said not everyone agrees about the flag nor wants them up in the city. Councilman Gassman said he had not thought all this through when he voted in favor of Resolution #4. Councilman Gassman said this is a federal issue. Councilman Gassman moved to reconsider Resolution #4, Series of 1991; seconded by Councilwoman Pendleton. All in favor, with the exception of Councilman Peters and Mayor Stirling. Motion carried. Councilman Gassman moved to rescind Resolution #4, Series of 1991; seconded by Councilwoman Pendleton. All in favor, with the exception of Councilman Peters and Mayor Stirling. Motion carried. Councilwoman Pendleton moved to put the flags; seconded by Councilman Tuite. All in favor, with the exception of Councilman Peters and Mayor Stirling. Motion carried. COUNCILMEMBER COMMENTS 1. Councilman Peters told Council NWCOG has approved its 1991 community development grants. There is a community development director who takes on projects within the region. Councilman Peters said a cost of living study will be conducted this winter. This will attempt to find the relative cost of living in ski towns, 3 Regular Meeting Aspen City Council January 28, 1991 which may help Aspen make a better case to the Colorado department of local affairs that the cost of living is higher and the need for affordable housing is necessary and important. 2. Councilman Gassman said he feels city employees should take more holidays. Councilman Gassman said people are more productive and do a better job if they enjoy what they are doing. Councilman Gassman said a large part enjoying what one does is not doing it all the time. Councilman Gassman proposed the city take Martin Luther King day as an official holiday; it is a state-mandated holiday. There are also 4 holidays that were changed into vacation days rather than holidays. Councilman Gassman suggested Council look into also taking as holidays the national holidays of Aspen's sister cities, such as July 14th for Chamonix, France, and August 1st in honor of Davos, Switzerland. Councilwoman Pendleton supports having Martin Luther King day as a policy. Mayor Stirling moved to direct the city manager to analyze the city holidays particularly adding Martin Luther King day and report back at the next meeting as well as what will enhance the work force of city hall, additional holidays or other recommendations; seconded by Councilman Gassman. All in favor, motion carried. 3. Councilman Gassman said the housing authority has discussed the parking problem at Marolt and Truscott place, which is severe. The housing authority decided to just get through the rest of the winter. This problem is not going to work out by itself. The Board is willing to put in effort and find a solution,' involving transportation, access, pedestrian access. Councilman Gassman requested Councilmembers Peters and Tuite work with a committee to try and solve this problem. Councilman Gassman said he will also be on this committee. Councilmembers Peters and Tuite agreed. 4. Councilman Gassman reported the Arts Council had their annual meeting last week. There was a good turn out. The new director of the Arts Council is Mary Apple. The newly elected president is Joanne Lyon. Councilman Gassman said this was a very positive meeting and the direction of the Arts Council is changing. 5. Mayor Stirling reported Council received a letter from the president of ACRA stating the Council elected to not accept the ACRA offer to seat a non-voting representative, the Board in- structed him to withdraw the previous office. Mayor Stirling said he would like to write back that Council would like a representa- tive on the Board but they want the meetings to be open. Council also said this person should be a voting member. 6. Mayor Stirling said Council should give no more monies to the ACRA until their meetings are open to the public 100 percent of the time, unless they have personnel or negotiation issues. Councilman 4 Regular Meeting Aspen City Council January 28, 1991 Peters said a representative from ACRA should be present when Council discusses this. Council agreed to schedule this at a future meeting. 7. Mayor Stirling announced that the Railroad meeting will be Wednesday January 30 at 5 p.m.; first floor City Hall. 8. Mayor Stirling said the Colorado Association of Ski Towns meeting with the state legislators will be held in Mt. Crested Butte February 1, 2, and 3. 9. Mayor Stirling said he would like the city to investigate an auto free downtown to help reduce the reliance and emphasis on automobiles. 10. Mayor Stirling told Council he has drafted a response to Pitkin County Parks Association regarding the Zoline lease and forming a new committee on open space. Mayor Stirling said he will send this after receiving comments from Council. 11. Carol O'Dowd, city manager, told Council for the CAST meeting, she has been serving on a sub-committee to update a study on the contributions ski towns make to the state of Colorado and the revenue stream. This will be presented at the CAST meeting. 12. Carol O'Dowd, city manager, requested a delay of the items scheduled on the February 4th work session, water projects and capital projects. Issues have come up on some of the water projects. Ms. O'Dowd requested the February 4th work session be highway 82 and Maroon Creek bridge design issues. Council scheduled the water projects and capital projects, including trails, for March 4th. The representatives of the highway department told Council they would be able to meet either February 4 or 18. Staff will let Council know. 13. Councilwoman Pendleton said issues have come up with the MCDC pipeline, like additional costs of $446,000. Councilwoman Pendleton said she is disturbed about this. CONSENT CALENDAR Councilman Gassman requested to remove (c) permission to submit land use application, fire district housing. Councilwoman Pendleton moved to approve the consent calendar as amended; seconded by Councilman Gassman. The consent calendar is; A. Minutes - December 10, 20, 1990 B. Minutes - Aspen Public Facilities Authority January 1990; C. Permission to Submit Land Use Application - Ski Museum 5 Regular Meeting Aspen City Council January 28, 1991 Mayor Stirling said he is concerned about letting them get too far down the road assuming the water tap fees will be waived. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Little Annies Mayor Stirling said the request to transfer this 3-way liquor license is to the previous manager, John Hamwi. Councilman Gassman moved to approve the transfer of Little Annie's liquor license; seconded by Councilman Peters. All in favor, motion carried. LIQUOR LICENSE RENEWALS Councilman Gassman moved to approve the liquor license renewals for Hickory House, Shooter's, Aspen Club, and Poppie's Bistro; seconded by Councilman Peters. All in favor, motion carried. LIQUOR LICENSE RENEWALS - Ebbe's Jed Caswall, city attorney, said after hearing from the police department, Council needs to decide whether or not a show cause hearing should be held to determine whether the license should be renewed, revoked or suspended. John Goodwin, police department, told Council in the last two months there have been several instances of serving people under 21 and over serving of intoxi- cated persons to the extent the police department feels it is appropriate to bring this to Council's attention and take action. Councilman Gassman said Council has responsibility to have a hearing and discuss the concerns of the police department. Councilman Peters noted Council has been very liberal in awarding licenses because they do not want to restrict trade. Councilman Peters said this is appropriate; however, to justify this policy, Council should discuss thoroughly any complaints. Councilwoman Pendleton agreed to support a hearing. Mayor Stirling pointed out Council had a hearing on Ebbe's two years ago with a 3 day suspension as a result. Mayor Stirling said he would also support a liquor license hearing. Mayor Stirling pointed out Ebbe's liquor license expires February 7th, and asked about a temporary renewal or holding the hearing February 7th. Caswall said there has been an amendment in the law stating once an application has been filed for renewal, even though it cannot be addressed before the expiration, the present current license continues until such time as a determination has been made on the renewal. Caswall told Council there is no action Council needs to take for the existing license. 6 Regular Meeting Aspen City Council January 28, 1991 Councilman Gassman moved to set a hearing on the renewal of the liquor license for Caspian Corporation at Council's regular Meeting February 11th, and that the order will be signed by the city clerk and served appropriately; seconded by Councilman Peters. All in favor, motion carried. RFTA SUPPLEMENTAL BUDGET RESOLUTION 91-1 Councilman Gassman moved to approve RFTA resolution #91-1; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #1, SERIES OF 1991 - Senior Citizen Property Tax Rebate Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #1, Series of 1991, on second reading; seconded by Councilwoman Pendleton. Mayor Stirling said the limits seem extraordinarily low and asked if these are universal guidelines. Jed Caswall, city attorney, told Council these are the annual social services guidelines from a figure they use for medicare eligibility for nursing home care. This figure was raised by 20 percent. Councilman Peters said Council wants a full, fair rebate program for the seniors and perhaps when the NWCOG cost of living study is done, Council can revisit this. Councilman Gassman agreed this seems low; however, who knows what it should be changed to. Councilman Gassman suggested the ordinance be amended to state that Council will review this after one year. Councilman Gassman moved to amend Ordinance #1, Series of 1991, to include a review in one year; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Gassman, yes; Peters, yes; Tuite, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. DEPARTMENT OF HIGHWAYS REPORT Councilwoman Pendleton brought up fixing the potholes at the corner of Seventh and Highway 82. Bob Mosten, highway department, said he will look into this. Mosten told Council the highway department has not had time to digest all of the resolution passed by the planning and zoning commissions. Mosten said he would like to discuss this in the work session with Council. Mosten told Council they had budgeted state funds for the design and construction for the Maroon Creek bridge this fiscal year, which ends June 30th. Mosten said the design process has gone on long enough where they could fund construction in this current fiscal year. Mosten said it is his responsibility that money for 7 Regular Meeting Aspen Cty Council January 28, 1991 construction on state highways is spent in that fiscal year; it cannot be carried over. Mosten told Council the funding for design will be kept open and active. Mosten said they will transfer the $6,000,000 budgeted for construction to other projects within the highway district. Mosten told Council they have every intent of bringing this back the next fiscal year and keeping this project on the move. Mosten said replacing the Maroon Creek bridge is their first responsibility in their entire district. Mosten said there was a very involved local process and things did not work out as quickly as expected. Councilman Tuite asked if this project has formally been moved to the next year's project list. Mosten said not formally. Rich Persky told Council there is a possibility this could fall into the federal bridge replacement program. Mayor Stirling asked where the EIS is. Persky said the final EIS contains a statement on the affects on trails and open space properties. Persky said the design has to be finalized to determine the specific square footage impacts. Councilman Tuite asked if the entire program has been put back a year. Persky said he does not think so. PERMISSION TO SUBMIT LAND USE APPLICATION - Fire District Housing Councilman Gassman said he does not understand what the Aspen Independent Housing Corporation is going to do in this project. Councilman Gassman said this report also seems to indicate that the housing authority has already approved this. Councilman Gassman said the housing authority has not seen this and has no position on it. Mayor Stirling said this proposal has a lot of funding implications and he would like to know how this fits with the cash- in-lieu and the other projects in the works. Councilman Tuite said he understood the fire district had funds to do this housing. Councilman Tuite said this project makes a lot of sense and insures having some emergency personnel live in town. Mayor Stirling agreed this is a good project, and he is in favor of it concept- ually. Council agreed to refer this to the fire department and housing authority for recommendations. Council adjourned at 9:00 p.m. ,, ~~. u Kathryn S. Koch, City Clerk 8