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HomeMy WebLinkAboutminutes.council.19930111Regular Meeting Aspen City Council January 11, 1993 ASPEN PUBLIC FACILITIES ANNUAL MEETING Chairman John Bennett Called the meeting to order at 5:05 p.m. with members Rachel Richards, Margot Pendleton, Frank Peters, Augie Reno, Kathryn Koch and Dallas Everhart present. Minutes Peters moved to approve the minutes of the January 1992 meeting; seconded by Reno. All in favor, motion carried. Staff reported no other business. Richards moved to adjourn at 5:10 p.m.; seconded by Peters. All in favor, motion carried. Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Reno, Richards, Peters and Pendleton present. CITIZEN COMMENTS 1. Bill Greenwood objected to the valet par king in front of the Caribou Club. Greenwood said there were 18 responses in the newspaper and 16 were against it. Greenwood disagreed with using public space for private parking. Greenwood said there has not been a Council meeting or vote on this issue. Mayor Bennett said the idea of valet parking is that it will reduce congestion and free up parking on the public streets. Council agreed to continue the valet parking experiment through this winter. COUNCILMEMBER COMMENTS 1. Augie Reno thanked everyone for their support while he was sick. 2. Councilman Peters requested an executive session to discuss the potential reacquisition of Castle Ridge and the results of the meeting in St. Louis. Council scheduled this for February 1 at 4 p.m. 3. Councilman Peters said the Northwest Colorado Council of Governments requires the representatives and alternates be re-named by January 18th. Councilman Peters said he would like to be re- appointed. Councilman Reno moved to reappoint Peters and to name Councilwoman Pendleton as the alternate; seconded by Councilwoman Richards. All in favor, motion carried. 1 Regular Meeting Aspen City Council January 11, 1993 4. Councilman Peters said on the extension of recordation of the Aspen Winter Garden plat, he would like staff to make sure this does not apply to any other deadlines for the Winter Garden. 5. Amy Margerum, city manager, told Council the city, county and RFTA are applying for a grant from FHA. This grant is due January 23. 6. Amy Margerum, city manager, requested a work session with Council to look at the pedestrian plan with the Neighborhood Advisory Committee. Council scheduled this for 5 p.m. February 1. 7. Amy Margerum, city manager, said Council needs to get together with the Red Brick Committee to hear their recommendations on the building. Council scheduled this for February 3 at 8 a.m. 8. Amy Margerum, city manager, told Council the County Commis- sioners will vote on whether or not to reconsider the city's application for a snow dump. Councilman Peters will attend. 9. Councilman Peters moved to table Ordinance #78, Series of 1992, 320 W. Main Condominiumization to April 26; seconded by Councilman Reno. All in favor, motion carried. 10. Amy Margerum, city manager, told Council ASAP has retained a facilitator for their work session with Council. ASAP has requested Council attend a meeting to provide input for the work session February 9th. The pre-meeting is January 28th at the Health and Human Services building. 11. Amy Margerum, city manager, commen ded Dallas Everhart and the finance department. They have received the highest award from the Colorado Finance Officers Association for the budget document and for financial report. 12. Amy Margerum, city manager, requested the Rio Grande Work Session on January 13 begin at 4 p.m. Council agreed. 13. Councilwoman Pendleton moved to table Ordinance #72, Series of 1992 - Mocklin Rezoning, to January 25, 1992; seconded by Council- man Peters. All in favor, motion carried. 14. Mayor Bennett introduced Dav id Bradford, Mayor of Queenstown, New Zealand, Aspen's sister city in New Zealand. CONSENT AGENDA Councilman Peters moved to approve the consent calendar; seconded 2 Regular Meeting Aspen City Council January 11, 1993 by Councilman Reno. The consent calendar is: A . Minutes - December 7, 14, 1992 B . Mayor's Deed - Jeffrey D. Schwartz C . Resolution #1, 1993 - Posting Places for Public Meetings D . Resolution #2, 1993 - Extension Recordation of Aspen Winter Garden Plat E . Resolution #3, 1993 - City of Aspen Energy Business Plan F . Contract Award - Little Nell Well Upgrade All in favor, motion carried. LIQUOR LICENSE HEARING - Aspen Trattoria d/b/a Jour de Fete Chairman John Bennett opened the public hearing. City Clerk Kathryn Koch reported the posting, publication and file to be in order. Alain Laval, representing Jour de Fete, told Council they want a beer and wine license at the request of their customers. Laval presented a petition with over 50 signatures in support of this petition. Jour de Fete has been in business at this location for the past 4 years. Bennett asked if there were any opponents. Bennett closed the public hearing. Peters moved that based on the evidence presented at this public hearing, the Licensing Authority finds that the needs of the neighborhood have not been met and the license is granted; seconded by Reno. All in favor, motion carried. LIQUOR LICENSE HEARING - Dean Street Inc. d/b/a Lauretta's Chairman John Bennett opened the public hearing. City Clerk Kathryn Koch reported the posting, publication and file to be in order. Mick Ireland, representing Dean Street Inc., corrected the application to indicate Lauretta Bonfiglio had been convicted of a DWAI. Ireland said there is a lease that does not include any restrictions on serving of alcohol or the type of license that will be allowed. Ireland presented a petition signed by 90 residents. Ireland pointed out this establishment is located next to the Ritz Carlton and ideal for guests to walk to. Ralph Melville, owner of Mountain Chalet and landlord, opposed the issuance of this license due to the tenants leaving delivery boxes on the sidewalk, leaving sangria outside where children could get into it, and having open bottles of alcohol in the kitchen. Melville said he had a two-page letter of agreement which the tenants have not signed. 3 Regular Meeting Aspen City Council January 11, 1993 Peters asked if the applicant has a lease for the premises. Melville said there is a lease and there is nothing in the lease against a full liquor license. Ireland said his clients have not had a chance to review the addendum to the lease. Peters suggested this be tabled to the next regular meeting and give the applicants a chance to work out their disputes. Exhibits were entered into the record. Ireland objected to the photographs being admitted as they were not the applicants photos. Bennett closed the public hearing. Peters moved to continue the liquor license hearing to Thursday, January 14 at 8 a.m.; seconded by Richards. All in favor, motion carried. LIQUOR LICENSE RENEWAL - Caribou Club City Clerk Kathryn Koch told the Authority she had not approved this renewal as there have been comments from the police department for the last year about officers not having access to the Club. Beth Ufkes, police department, told Council during nightly walk throughs, officers have been asked not to enter the Club. Ms. Ufkes said the police department does have the legal right to look for violations. Harley Baldwin, applicant, told Council he welcomes the police department and only requests the police officers do not hang out. Richards said she feels it is appropri- ate that liquor licensees cooperate fully with the police. Peters said if this happens again, the Authority should be notified immediately. Tom Dalessandri, acting police chief, told Council as part of the department's responsibility, the officers spend time trying to get to know managers and bartenders to get a sense of cooperation between two organizations doing their jobs, and to establish a sense of community. Bennett said the Caribou Club should be treated professionally and exactly as any other estab- lishment in town. Peters moved to approve the renewal of the Caribou Club; seconded by Reno. All in favor, motion carried. EBBE'S LICENSE SUSPENSION UPDATE John Worcester, assistant city attorney, reminded Council Ebbe's was before the authority 2 years ago for a suspension, revocation hearing. At the conclusion of the hearing, the Authority issued a 5 day suspension, which was appealed to the District Court. Recently the Court supported the finding that people had been over served but the Court could not discern from the record whether the authority was basing it's decision upon the fact someone was visibly intoxicated as opposed to merely intoxicated. The Court 4 Regular Meeting Aspen City Council January 11, 1993 remanded this back to the Authority. Worcester said the Authority has 3 options; (a) appeal the decision, (b) go forward with further proceedings to determine whether the record is there is impose the sentence, or (c) take no further action. Worcester recommended not appealing the case. Worcester noted that Ebbe's is no longer in business and he has abandoned his license. Peters moved to take no further action on Ebbe's liquor license suspension; seconded by Reno. All in favor, motion carried. RESOLUTION #69, SERIES OF 1992 - Adopting Aspen PM 10 Plan Lee Cassin, environmental health department, reminded Council this is a continued public hearing. Staff is recommending adoption of the PM 10 plan The State Air Quality Control Commission on January 21 will adopt a PM 10 plan for Aspen, which will either be a locally generated PM 10 plan or one developed for Aspen by the EPA. Ms. Cassin said 86 percent of the PM 10 on violation days comes from traffic on sanded roads; this is where most of the effort should be targeted. There are 3 strategies; put down less sand and use harder sand; clean it up more effectively; and reduce traffic. The local PM 10 plan incorporates all 3 of these strate gies. Staff feels all 3 will have to be done to solve the problem. Some of the suggested implementations are sweeping highway 82 northwest of town, voluntary no burn program on high pollution days, voluntary no drive program on high pollution days, using clean hard sand, increased mass transit, paid parking, resident permit parking, and continuing to enforce existing regulations. Ms. Cassin said staff has been working with CDOT to come up with an agreement on far to sweep highway 82. The plan is to sweep to the airport and RFTA entrances. Ms. Cassin reminded Council this plan is a general outline, not specifics of implementation. Mayor Bennett opened the public hearing. Anne Murchison, Fifth Avenue Condos, said she hopes there will be a lot of public hearings on the implementation, opportunities for the public to come up with suggestions. Shelly Harper, Clean Air Board, said the paid parking program gave 40 or 50 pounds to the clean up. The Board has not come up with anything else to clean up as much PM 10. Si Coleman agreed there is a lot more work to be done; it should be done in public and should be responsive to the public. Alan Bush, Clean Air Board, said this plan has been left vague so there is the flexibility for the city to implement some programs without going back to the state or the EPA. Mayor Bennett closed the public hearing. 5 Regular Meeting Aspen City Council January 11, 1993 Councilwoman Pendleton moved to adopt Resolution #69, Series of 1992; seconded by Councilwoman Richards. All in favor, motion carried. COUNCIL AS BOARD OF EQUALIZATION - Upper Ute Avenue Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved that Council finds that the assessment roles for the upper Ute Avenue improvement district are fair and equitable; seconded by Councilwoman Pendleton. All in favor, motion carried. COUNCIL AS BOARD OF EQUALIZATION - Lower Ute Avenue Mayor Bennett opened the public hearing. Pam Cunningham, Aspen Alps, told Council the Aspen Alps owners object to being included in the district as there is no real frontage on Ute Avenue nor is it used much by the owners. Cunningham read into the letter a record from Connie Harvey also objecting to inclusion in the district. John Worcester, assistant city attorney, reminded Council it is technically too late to object to being included in the district. The district was formed by ordinance in January 1992. Worcester said the assessment formula was spelled out in the original ordinance. The statute looks at how properties benefit from the improvements. Cunningham said there seemed to be a lack of communication and noticing with the property owners. Cindy Wilson, assistant city manager, agreed staff needs to work more closely with the general managers when condominiums are involved. Mayor Bennett closed the public hearing. Councilman Peters moved that Council finds that the assessment roles for the lower Ute Avenue improvement district are fair and equitable; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #82, SERIES OF 1992 - Design Workshop Subdivision Leslie Lamont, planning office, submitted to the record proof of proper noticing. Ms. Lamont reminded Council Design Workshop and U.S. West have entered into a subdivision for Design Workshop to purchase about 2,520 square feet of land from U. S. West in order to accommodate 9 on-site parking spaces. The property also has to be rezoned from R-6 to Office to be consistent with the Design 6 Regular Meeting Aspen City Council January 11, 1993 Workshop's parcel. Ms. Lamont told Council P & Z approved a parking plan by special review contingent on this subdivision and rezoning. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #82, Series of 1992, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Pendleton, yes; Reno, yes; Richards, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #76, SERIES OF 1992 - Electric Rates Bob Gish, public works director, reminded Council they discussed an electric rate increase during the 1993 budget. Staff recommends a 1.5 percent increase in both commercial and residential rates. This would generate about $48,000. This is the first increase since 1987. Mayor Bennett opened the public hearing. Councilman Peters stated Council determined that fees should keep up with inflation. This fee has not been increased in 6 years. Councilman Peters noted the electric fund also supports other activities, like the ice garden. It needs to stay a healthy fund. Michael McHugh, restaurant association, told Council it is the business community's concern that the consumers are not being afforded the quality of product that the rates may dictate. McHugh said the entire power system of the city should be examined. The power outages have serious impacts on the business community. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #82, Series of 1992, on seconded by Councilman Reno. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Peters, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #81, SERIES OF 1992 - Underground Improvement District - Cemetery Lane John Worcester, assistant city attorney, reminded Council they held a public hearing to determine whether this district should be formed. Council directed staff to draft an ordinance to set up the district, the parameters, boundaries, total costs. The assessment formula will be determined in another ordinance. Mayor Bennett opened the public hearing. There were no comments. 7 Regular Meeting Aspen City Council January 11, 1993 Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #81, Series of 1992, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Pendleton, yes; Reno, yes; Richards, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #84, SERIES OF 1992 - Increasing Council Salaries Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Mayor Bennett said this is the first salary increase since 1980 and the cpi has increased 78 percent since then. Councilman Peters moved to adopt Ordinance #84, Series of 1992, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Pendleton, yes; Richards, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #1, SERIES OF 1993 - Assessment Roll Upper Ute Avenue Councilwoman Pendleton moved to read Ordinance #1, Series of 1993; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #1 (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DECLARING THE ENTIRE COST OF THE IMPROVEMENTS MADE IN THE UPPER UTE AVENUE IMPROVEMENT DISTRICT, IN THE CITY OF ASPEN, COLORADO, APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND BENEFITING FROM SAID IMPROVEMENTS IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS was read by the city clerk John Worcester, assistant city attorney, told Council the Charter requires that any burden placed on property should be passed by ordinance. Councilman Reno moved to adopt Ordinance #1, Series of 1993, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Peters, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #2, SERIES OF 1993 - Assessment Roll Lower Ute Avenue 8 Regular Meeting Aspen City Council January 11, 1993 Councilwoman Richards moved to read Ordinance #2, Series of 1993; seconded by Councilman Peters. All in favor, motion carried. O RDINANCE #2 (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DECLARING THE ENTIRE COST OF THE IMPROVEMENTS MADE IN THE LOWER UTE AVENUE IMPROVEMENT DISTRICT, IN THE CITY OF ASPEN, COLORADO, APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND BENEFITING FROM SAID IMPROVEMENTS IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS was read by the city clerk Councilman Peters moved to adopt Ordinance #2, Series of 1993, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Peters, yes; Pendleton, yes; Richards, yes; Mayor Bennett, yes. Motion carried. SUMMER CAMP SUBSIDIES Tim Anderson, recreation director, said the issue is where to stop subsidizing youth programs in the community. It is very difficult to subsidize just one program, and the recreation department is not set up to implement that type of subsidy. Anderson suggested using the housing day care fund to lower the fees for the summer camp program. Councilwoman Richards said because the summer camp program was improved and expanded, the costs went up 50 percent. Councilwoman Richards said she agrees with staff that a subsidy is not the right approach. Councilwoman Richards said she feels it would be appropriate to use the housing/day care fund. There are also some state grants. Anderson told Council staff will make sure parents are aware that state grants are available. Anderson noted last year the summer camp program required lots of extras for trips, crafts, etc. This summer the fee is all inclusive. Councilman Peters said he would prefer not to subsidize the program and see if there is a problem. Bill Efting, assistant city manager, suggested during registration staff can tell parents if there is a problem with the fees, these can be discussed with the recreation department. Councilwoman Pendleton said this is a delicate matter and she feels comfortable it is handled one on one. Councilwoman Pendleton said she would like to leave it very 9 Regular Meeting Aspen City Council January 11, 1993 informal and see how it works. Council and staff can discuss this at the next budget season. Council agreed. Councilwoman Richards moved to adjourn at 8:35 p.m.; seconded by Councilwoman Pendleton. All in favor, motion carried. Kathryn S. Koch, City Clerk 10 Regular Meeting Aspen City Council January 11, 1993 ASPEN PUBLIC FACILITIES ANNUAL MEETING 1 ......................... CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT AGENDA 2 ................................ ................. LIQUOR LICENSE HEARING - Aspen Trattoria d/b/a Jour de Fete 3 .... LIQUOR LICENSE HEARING - Dean Street Inc. d/b/a Lauretta's 3 ..... LIQUOR LICENSE RENEWAL - Caribou Club 4 .......................... EBBE'S LICENSE SUSPENSION UPDATE 4 ............................... RESOLUTION #69, SERIES OF 1992 - Adopting Aspen PM 10 Plan 5 ..... COUNCIL AS BOARD OF EQUALIZATION - Upper Ute Avenue 6 ............ COUNCIL AS BOARD OF EQUALIZATION - Lower Ute Avenue 6 ............ ORDINANCE #82, SERIES OF 1992 - Design Workshop Subdivision 6 .... ORDINANCE #76, SERIES OF 1992 - Electric Rates 7 ................. ORDINANCE #81, SERIES OF 1992 - Underground Improvement District - Cemetery Lane 7 ................................ .. ORDINANCE #84, SERIES OF 1992 - Increasing Council Salaries 7 .... ORDINANCE #1, SERIES OF 1993 - Assessment Roll Upper Ute Avenue 8 ................................ .................... ORDINANCE #2, SERIES OF 1993 - Assessment Roll Lower Ute Avenue 8 ................................ .................... SUMMER CAMP SUBSIDIES 9 ................................ .......... 11