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HomeMy WebLinkAboutminutes.council.19940110Regular Meeting Aspen City Council January 10, 1994 Bennett called the meeting to order at 5:08 p.m. with Councilmemb- ers Paulson, Reno, Waggaman and Richards present. ASPEN PUBLIC FACILITIES ANNUAL MEETING President John Bennett called the annual meeting of the Aspen Public Facilities to order. Members present were Reno, Richards, Bennett, Koch, Barwick, Paulson and Waggaman. President Bennett reminded the facility their responsibility is the leases of the parking garage property. Reno moved to approve the minutes of the January 1993 meeting; seconded by Bennett. All in favor, motion carried. Reno moved to adjourn; seconded by Waggaman. All in favor, motion carried. COUNCIL MEETING SCHEDULED PUBLIC APPEARANCES - GFOA Award Finance Department 1. Mayor Bennett announced the city has received the certificate of excellence in financial reporting for the fiscal year 1992 from the Government Finance Officers of America and Canada. Mayor Bennett presented this to Steve Barwick and the finance department. CITIZEN COMMENTS 1. Patty Clapper told Council she has been invited to participate in a "Save the Western Ways" rally in Boise, Idaho. Some of the cost is being funded by groups in Idaho. Ms. Clapper requested $125 from the city. Ms. Clapper told Council she will be present- ing the positive efforts of the Smuggler groups in asking federal regulatory agencies to do what is right by science. Councilman Reno moved to approve $125 from contingency funds for Patty Clapper to attend the "Save the Western Ways" rally; seconded by Councilwoman Waggaman. All in favor, motion carried. 2. Dottie Kelleher reminded Council that there was an agreement for the East Cooper affordable housing project to only access off highway 82. Ms. Kelleher told Council there is a large access area through Riverside drive with signs indicating the way to the subdivision. Ms. Kelleher said she has been informed these have been taken down, however everyone should be aware the access is off highway 82. 3. Fred Peirce pled with Council to consider not salting the streets in the winter. Peirce said the roads have been more 1 Regular Meeting Aspen City Council January 10, 1994 treacherous this year and it may be due to the de-icer the city is using which turns the snow into sugar. Mayor Bennett said the city is in a difficult position of not being able to use more sand because of the PM 10 problems. The only other alternative is to do nothing to the streets, which has enormous liability problems. Council requested Jack Reid, streets superintendent, come to a brown bag lunch and discuss this in more detail. 4. Sy Coleman said the Silver Nugget is project ing very loud music and their dj onto the Hyman Avenue mall. Coleman said he thought the city had specific ordinances against this. Amy Margerum, city manager, said she will have staff check this out. COUNCILMEMBER COMMENTS 1. Councilman Paulson said while teaching cross country skiing over Christmas he often heard the comment, "Why is Aspen allowing so much traffic and pollution". Councilman Paulson chal lenged staff and Council to examine if Aspen is really heading in the right direction. 2. Councilman Paulson said he would like to know the time line for the Community Plan and the changes to the Code. Amy Margerum, city manager, reminded Council there is a work session scheduled January 18 at 5 p.m. with the BOCC, both P & Zs to go over the growth management quota system changes. 3. Councilwoman Richards said there is currently "No Parking" on Mill street on the east side of Wagner Park. Councilwoman Richards suggested these spaces be available to the public after 6 p.m. when not being used by RFTA. Councilwoman Richards told Council she has discussed this with RFTA and they agree. 4. Councilman Reno said he had a complaint from the U. S. Post Office about the road conditions on both Mill and Monarch streets and their trucks not being able to get up the streets. 5. Amy Margerum, city manager, told Council there are over 25 applicants for 5 city Boards. Council scheduled interviews for January 25 and February 8 at 5 p.m. 6. Amy Margerum, city manager, requested Council schedule a work session on the Buttermilk intercept lot and the time line. Council scheduled this for January 19 at 5 p.m. 7. Amy Margerum, city manager, said Council needs to meet with the County commissioners to discuss the Ruedi Water and Power Authority. Council scheduled this for February 22. 2 Regular Meeting Aspen City Council January 10, 1994 LIQUOR LICENSE HEARING - Club Adventuras Inc. d/b/a Mirabelle Ltd City Clerk Kathryn Koch reported the posting, publication and file to be in order. Doug Allen, representing the applicant, told the Authority this is an application for a hotel and restaurant license with extended hours at 301 East Hopkins. Allen submitted a petition with over 80 signatures stating the reasonable require- ments of the neighborhood have not been met. Allen told the Authority that Mirabelle will be serving Mediterranean type grain based, healthy cuisine. This will be moderately priced food. Allen said this restaurant will not open until June. Allen told Council Julie Van Pelt, one of the owners, has been associated with Renaissance and has completed the alcohol awareness training. Chairman John Bennett opened the public hearing and asked for opponents. There were none. Councilman Paulson asked about the proposed woodburning oven. Richard Sultani, owner, said it will probably be gas burning. Sultani said they will comply with all health regulations. Richards moved that based on this public hearing relating to the application of Club Adventuras Inc. d/b/a Mirabelle Ltd for a hotel and restaurant liquor license, the Liquor Licensing Authority finds that the needs of the neighborhood have not been met and the license is hereby granted seconded by Waggaman. All in favor, motion carried. LIQUOR LICENSE AUTHORITY - New Tavern License Molly Gibson City Clerk Kathryn Koch reported the file, posting and publication to be in order. Chairman Bennett opened the public hearing. David Tash, general manager and general partner, told the Authority the Molly Gibson has had a hotel and restaurant liquor license for the last 10 years. Because of food service require ments, they are changing to a tavern license which does not necessitate a full kitchen. Bennett asked for opponents. There were none. Bennett closed the public hearing. Richards asked about alcohol awareness training. Tash said he has been certified. At times during the year, he is the only employ ee. Waggaman moved that based on the evidence presented at this public hearing relating to the application of Molly Gibson Lodge for a tavern liquor license, the Authority finds that the needs of the 3 Regular Meeting Aspen City Council January 10, 1994 neighborhood have not been met and the license is hereby granted; seconded by Richards. All in favor, motion carried. ORDINANCE #67, SERIES OF 1993 - 1994 Fees John Worcester, city attorney, told Council this ordinance increases user fees to keep up with inflation; it codifies the Wheeler Opera House user fees, and it establishes water service application and engineering fees. Mayor Bennett opened the public hearing. Sy Coleman asked if this was outside of the purview of Amendment #1. Worcester said a city can increase fees; this is not an attempt to bypass the amendment. Mayor Bennett closed the public hearing. Councilwoman Richards asked about scholarships for recreation programs. Bill Efting, assistant city manager, said there is a fund for assistance these programs. Councilwoman Richards moved to adopt Ordinance #67, Series of 1993, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Reno, yes; Paulson, yes; Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #60, SERIES OF 1993 - East Hopkins AH Rezoning, GMQS Exemption Kim Johnson, planning office, told Council this is rezoning to affordable housing, growth management exemption for these units and vested rights for 3 years. Ms. Johnson pointed out condominium approval has been deleted from the ordinance because it can be done by the planning director. This proposal is 4 three-bedroom deed restricted units. Ms. Johnson told Council this project has received a lot of neighborhood input, especially auto congestion and parking. Ms. Johnson said the recommendation is to split the units so that 2 units access from the alley and 2 units access from Hopkins. Ms. Johnson pointed out this requires rezoning; however, the applicants are not asking for any waivers or variations. Dave Tolen, housing office, told Council there were extended meetings with the neighborhood to try and address all the neighbors concerns. Tolen said Council will again see this project to see the prices and look at the city subsidy. Mayor Bennett opened the public hearing. Rich Neiley, representing the East Hopkins neighborhood associa- 4 Regular Meeting Aspen City Council January 10, 1994 tion, said this project is fairly acceptable to the neighbors. Neiley said there are several clumps of large trees on the property and the neighbors would like a condition that the developer use the greatest effort possible to preserve the trees and to retain the existing trees on site. Neiley said with screening and the current design, this project does not have a lot of impact on the neigh- bors. Neiley told Council the housing staff has been very responsive through this process. The neighbors would like the responsiveness of staff to continue throughout the rest of the project. Neiley said the project is 8700 square feet and is a large project. Neiley said finish materials and colors can have a major impact and the neighbors would like continued input in the project. Tolen pointed out they will be required to get tree removal permits for any tree over 6 inches in diameter. Tolen told Council they have discussed with the neighbors some tree relocations. Tolen said the housing office will make opportunities for the neighbors to discuss colors and materials; however, this should be organized by the neighbors. Mayor Bennett closed the public hearing. Councilman Paulson encouraged every developer and designer to build around trees rather than replace them. Councilman Paulson said trees are helpful to the environment and to making oxygen. The trees are needed now, not 20 years from now. Councilwoman Waggaman said she feels this overpowers the building to the east. Council- woman Waggaman said she would like these buildings to be kept as low into the ground as possible. Councilman Reno agreed this seems bulky compared to surrounding properties. Councilman Reno said the automobile access from the streets is too suburban and emphasizes the automobile. Councilman Reno asked the housing office to work on the driveway in order to soften the appearance of this project. John Worcester, city attorney, said the name should be changed from "East Hopkins Affordable Housing Project" as this is too confusing with two other AH projects and also to eliminate the word afford able housing". Tolen said the name will be changed on the condomin ium documents. Staff does not have a specific name. Councilwoman Richards moved to adopt Ordinance #60, Series of 1993, on second reading, as amended; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Reno, yes; Waggaman, yes; Richards, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. Councilman Reno moved to continue Ordinance #64, Galena Plaza Vested Rights to February 14 and to table Ordinance #66, Water Service Agreement Aspen Country Day School, to January 24; seconded 5 Regular Meeting Aspen City Council January 10, 1994 by Councilwoman Richards. All in favor, motion carried. CITY OF ASPEN DEBT ANALYSIS Steve Jeffers, George K. Baum, told council this report was generated because of a concern on the city's outstanding debt. Jeffers said resort communities are unique economically and demographically. Jeffers said resort communities have a small permanent population in relation to their bed base. The revenue is diverse and unpredictable. Jeffers said Aspen's debt levels are above national mediums for similarly-sized cities, Aspen's debt is at manageable level. Jeffers pointed out Aspen's mill levy is low compared to other Colorado cities; debt to assessed valuation is within tolerable ranges; coverage ratios on sales tax revenue bonds are very strong; debt per capita on a bed base is more traditional number; larger portion of the debt is self-supporting, like utility bonds. Jeffers said over the last 5 to 8 years, the city has maintained strong general fund balances. Jeffers pointed out the city has utility systems, which some other resort towns do not have. Aspen has issued $14 million in g.o. housing bonds because the city feels housing is a critical issue. Jeffers said when the debt is adjusted, Aspen's debt is $5200 per capita which is less than Breckenridge, Snowmass and Vail. Jeffers said Aspen's debt position is very competitive to other resort communities in Colorado. Jeffers told Council the city has the capacity to sustain a substantial additional amount of debt without impairing the city's credit or bond rating. However, practically the city should not issue more debt unless they are willing to increase revenues or reduce current programs. Jeffers said the city has worked to get a good bond rating and is in good fiscal position. CAP'S RIGHT OF FIRST REFUSAL John Worcester, city attorney, told Council in 1989, Cap's entered into an agreement with the city to allow them to redevelop in their present location. One part of that agreement was a right of first refusal if Cap's were ever to sell. This agreement requires Cap's to send written notice to the city that the city has 60 days to duplicate the offer to Cap's. Worcester told Council he has not received any formal notice. Worcester said there is a proposal for a bank in this location, which includes having possession of the building. Investors are reluctant to finance a building when the city has the right of first refusal. Worcester said staff has not indicated an immediate need for this property. Stony Davis, owner of Cap's, told Council they would be willing to structure the deal so that if and when the building is re-sold, the 6 Regular Meeting Aspen City Council January 10, 1994 city would again have right of first refusal. Kurt Adams said it is hard to explain to the stockholders that in 7 years the building could be taken away. Council agreed to waive this right of first refusal and to take that right in the future if the bank proposes to sell the building. Worcester said he will bring back a resolution to that effect. Councilwoman Richards moved to adjourn at 7:35 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Kathryn S. Koch, City Clerk 7 Regular Meeting Aspen City Council January 10, 1994 ASPEN PUBLIC FACILITIES ANNUAL MEETING 1 ......................... COUNCIL MEETING 1 ................................ ................ SCHEDULED PUBLIC APPEARANCES - GFOA Award Finance Depart ment 1 ... CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 2 ................................ ......... LIQUOR LICENSE HEARING - Club Adventuras Inc. d/b/a Mirabelle Ltd 3 ................................ ....................... LIQUOR LICENSE AUTHORITY - New Tavern License Molly Gibson 3 ..... ORDINANCE #67, SERIES OF 1993 - 1994 Fees 4 ...................... ORDINANCE #60, SERIES OF 1993 - East Hopkins AH Rezoning, GMQS Exemption 4 ................................ ................. CITY OF ASPEN DEBT ANALYSIS 6 ................................ .... CAP'S RIGHT OF FIRST REFUSAL 6 ................................ ... 8