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Home My WebLink Aboutminutes.council.19930823Regular Meeting Aspen City Council August 23, 1993 Councilwoman Richards called the meeting to order at 5:05 p.m. with Councilmembers Waggaman and Paulson present. CITIZEN COMMENTS 1. Mark Friedberg, president of the Aspen Valley Improvement Association, told Council they would like to contribute $5,000 to pay for part of the transportation study. The goals of the AVIA are to preserve and enhance the quality of life in this valley and they would like to participate. Friedberg requested one member of the AVIA work on the study. Councilwoman Waggaman said this shows incredible citizen support. 2. Bob George told Council he ran the Kenducky Derby. George thanked the city and their staff for the help and support. George said the event was a great success. 3. Tim Anderson, recreation director, told Council the City had a coed softball team. Anderson presented the Council with the team's first place league trophy and second place tournament trophy. COUNCILMEMBER COMMENTS 1. Councilwoman Richards announced that ASAP, Aspen Partnership for Healthy Community, is sponsoring a facilitation skills workshop Friday, September 3 from 9 to noon. 2. Councilwoman Richards said CIVA is having a brown bag lunch with the topic of "Marketing on a Shoestring Budget Wednesday, September 25 at noon. 3. Councilwoman Richards thanked everyone for their assistance and support when her son was injured. 4. Amy Margerum, city manager, requested that request for funds, Kraut property, be tabled to September 13th. Councilwoman Waggaman moved to table Request for Funds - Kraut Property, to September 13; seconded by Councilman Paulson. All in favor, motion carried. 5. Amy Margerum, city manager, reminded Council if they are going to call a special election for November 2nd, they will need to have a special meeting August 30th. 6. Amy Margerum, city manager, said the consultant team on the super block requested a work session. Council scheduled this for September 15 at 5 p.m. 1 Regular Meeting Aspen City Council August 23, 1993 7. Jed Caswall, city attorney, pointed out the Charter requires an affirmative vote of the majority of Council for final adoption of an ordinance. This means all 3 members present will have to vote yes to pass an ordinance. 8. Amy Margerum, city manager, noted Council has several applications for boards and commissions and requested an interview date. Council scheduled this for September 7th at 4 p.m. CONSENT CALENDAR Councilman Paulson moved to approve the consent calendar; Lottery Funds dispersement of $20,000; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #44, SERIES OF 1993 - Adoption of General Election Code Jed Caswall, city attorney, said this ordinance adopts the general election code for the November 2, 1993, election only. The county is having an election and this would allow a coordinated election with other special districts, county and Snowmass. By adopting this ordinance the city would be bound to a mail ballot election. The ballot language will have to be submitted to the county clerk by September 7th. There is also an intergovernmental agreement to designate the county clerk as the election officer. Caswall said if Council does not adopt this ordinance and they decide to have an election in November, this election would be carried out as a polling place election. This city will be the only entity conducting a polling place election. Councilwoman Richards opened the public hearing. Si Coleman said he feels this would give the county clerk the right to decide how the city election gets conducted. Coleman said he also feels a mail ballot election may give rise to more voter fraud. Mick Ireland asked about the amendment #1 notices. Caswall answered the state statute requires if there are districts with overlapping jurisdic tions, the amendment #1 mailing goes out as a consolidated package. The city will submit the package of voter information to the county clerk for mailing 25 days before the election. Caswall said Council will have to call a special election no later than September 3rd, which is why the city manager suggested a special meeting. The ballot language has to be set far enough in advance to give citizens time to comment on the questions. Councilwoman Richards closed the public hearing. 2 Regular Meeting Aspen City Council August 23, 1993 Councilwoman Waggaman said she feels this is a casual approach to voting and was very much opposed to this proposal. Councilwoman Waggaman said she feels it will be confusing to the voters to receive a mail ballot and not have the city question on the ballot. Councilwoman Waggaman agreed to try it just this once. Councilwom an Richards agreed the city should go along with the mail ballot to avoid the confusion factor and to avoid the extra expense of the city holding their own election. Councilman Paulson said he does not see the necessity for having a mail ballot. People change their minds right up to the actual voting day. Councilman Paulson said the election system has worked for 2 centuries. Councilman Paulson said this community is small enough to have polling place elections. Councilwoman Waggaman said she feels Aspen is trying to build a relationship with Snowmass, Pitkin County and other communities. Having a separate election would not further that relationship. Councilwoman Waggaman moved to adopt Ordinance #44, Series of 1993, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Paulson, no; Richards, no. Motion NOT carried. RESOLUTION #58, SERIES OF 1993 - IGA Pitkin County Clerk Consolida- tion Elections Councilwoman Waggaman moved to remove this from the agenda; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #78, SERIES OF 1993 - 320 W. Main Condominiumization Councilwoman Waggaman moved to table this to October 25, 1993; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #45, SERIES OF 1993 - Revised Growth Management Quota Deadline Leslie Lamont, planning office, told Council in discussing the superblock concept, it was pointed out there is a growth management quota system deadline. If the applicants of the superblock were to submit a growth management application, it would have to be submitted by September 15, which is the deadline for office and commercial growth management. If one does not submit by Septem ber, they have to wait until next fall. Council agreed to support moving the GMQS deadline. Staff recommends the deadline for Neighborhood/Commercial, Commercial/Lodge and S/C/I be moved to November 15th. The Commercial Core, Office and C-1 deadline will remain September 15 and the residential deadline is November 15th. 3 Regular Meeting Aspen City Council August 23, 1993 Ms. Lamont said this will help staff by spreading out the GMQS deadlines. Councilwoman Richards opened the public hearing. Mick Ireland, representing the Super Block joint venture, told Council they appreciate the efforts to accommodate the circumstanc- es. Councilwoman Richards closed the public hearing. Councilman Paulson said if this is because of the super block, he should be stepping down due to conflict of interest. Ms. Lamont said this ordinance would give staff more time to work on the development issues surrounding the super block proposal. Council- woman Richards asked if there is precedence for this. Ms. Lamont told Council was done for the Meadows. Councilman Paulson said he would rather not discuss this. Councilwoman Waggaman moved to call a special meeting for August 30, 1993, at 5 p.m. for the purpose of calling a special election; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Waggaman moved to continue Ordinance #45, Series of 1993, to August 30; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #46, SERIES OF 1993 - Central Bank Condominiumization Councilman Paulson moved to read Ordinance #46, Series of 1993; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #46 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVI- SION EXEMPTION FOR CONDOMINIUMIZATION AND VESTED RIGHTS FOR THE CENTRAL BANK PROPERTY, LOCATED AT 420 EAST MAIN STREET (1/2 OF LOT L, AND ALL OF LOTS M, N, O, P, Q, R & S, BLOCK 86, TOWNSITE OF ASPEN, COLORADO) was read by the city clerk Kim Johnson, planning office, told Council Central Bank would like to condominiumize the bank and the smaller unit to the east. Staff recommends approval. Sunny Vann, representing the applicant, told Council the bank's operations have diminished in size and they do not need the extra space. Vann told Council he and staff will be addressing the conditions between now and second reading. Councilwoman Waggaman said she is concerned about the employee 4 Regular Meeting Aspen City Council August 23, 1993 housing. Vann said the purchaser has no intention of removing this housing. This is legal multi-family housing and would be subject to Ordinance #1. Councilwoman Richards asked if there is any parking for the building to the east. Ms. Johnson said this is one issue they will be researching before second reading. Councilman Paulson moved to adopt Ordinance #46, Series of 1993, on first reading with the conditions recommended by staff; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Paulson, yes; Waggaman, yes; Richards, yes. Motion carried. ORDINANCE #47, SERIES OF 1993 - Amending Ord. 74, 1992, Char- broilers Councilwoman Waggaman moved to read Ordinance #47, Series of 1993; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #47 (Series of 1993) AN ORDINANCE OF THE CI TY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ARTICLE II OF CHAPTER 11 OF THE MUNICIPAL CODE, ENTITLED "AIR QUALITY" TO ALLOW FOOD SERVICE ESTABLISHMENTS TO OPERATE CHARBROILERS FOR UP TO FOUR DAYS PER SUMMER SEASON IN A MANNER NOT IN COMPLIANCE WITH SECTION 11-2.30 OF THE MUNICIPAL CODE, TO AMEND THE DEFINITION OF THE TERM, "FOOD SERVICE ESTABLISHMENT", AND TO CLARIFY SECTION 11-2.30(b) RELATING TO CHARBROILERS INSTALLED AFTER APRIL 25, 1983, BUT BEFORE JANUARY 1, 1993 was read by the city clerk Barbara Umbreit, environmental health department, told Council there are various changes recommended. The first is to delete the word "commercial" from the definition of food service establish- ment. This will make this ordinance in line with the state definition. This will not affect any restaurants in town nor any special events. The second change deletes language referring to alterna tive control devices. The third change authorizes the environmen tal health department to enter food service establish- ments to review data on fat content in meat. This should make it easier on the restaurants. The meat distributors have also agreed to help. Ms. Umbreit said the last change would allow any food service establishment to use an outdoor charbroiler for a maximum of 4 days from April to October. Ms. Umbreit said staff will write a policy describing how variances can be granted and under what conditions. Councilwoman Richards asked if the Clean Air Board has commented on this. Ms. Umbreit said it was discussed several months ago. 5 Regular Meeting Aspen City Council August 23, 1993 She will take it to the Clean Air Board meeting September 8th before second reading. Councilman Paulson said he appreciates staff's work. Earth is a finite system and one day people will not be able to have special events with charbroilers which further degrades the air quality. Councilwoman Waggaman moved to adopt Ordinance #47, Series of 1993, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Paulson, no; Richards, yes. Motion carried. Councilman Paulson moved to adjourn at 6:15 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Kathryn S. Koch, City Clerk 6 Regular Meeting Aspen City Council August 23, 1993 CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 2 ................................ ............... ORDINANCE #44, SERIES OF 1993 - Adoption of General Election Code 2 ................................ ...................... RESOLUTION #58, SERIES OF 1993 - IGA Pitkin County Clerk Consolida tion Elections 3 ................................ ... ORDINANCE #78, SERIES OF 1993 - 320 W. Main Condominiumi zat ion 3 . ORDINANCE #45, SERIES OF 1993 - Revised Growth Management Quota Deadline 3 ................................ ............ ORDINANCE #46, SERIES OF 1993 - Central Bank Condominiumi- zation 4 ................................ .................... ORDINANCE #47, SERIES OF 1993 - Amending Ord. 74, 1992, Char- broilers 5 ................................ .................. 7