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HomeMy WebLinkAboutminutes.council.19811013Mayor Edel called the meeting to order at 5:00 p.m. with Councilmembers Knecht, Collins, Parry and Michael present. MINUTES Councilman Parry moved to approve the minutes of May 26, June 8, 15, 1981; seconded by Councilman Knecht. All in favor, motion carried. ACCOUNTS PAYABLE The were put off until October 26, 1981 CITIZE~ PARTICIPATION 1. Jean Siegle told Council he was proposing a lease agreement for the Plum Tree Inn and felt he did not express himself at last Friday's meeting. Seigle proposes to lease the property annually at the rate of $16,667 with a cost of living increase. There will be a net lease with no fees or cost to the city in this negotiation. Mayor Edel said the Council held a definitive meeting on this subject last Friday; however, he will be willinc to refer this to City Manager Chapman. Mayor Edel said Council has pretty much made up their made. Council agreed to refer this to Chapman. 2. Charles Hopton, manager of the North of Nell building, told Council his attorney had filed a letter with Council two weeks ago. Hopton said his problem is with the operation of Little Nell's and is not being solved. There are many police calls to this establish- ment. There are fights here. There are noise violations. Hopton said this is a rowdy operation and spreads the rowdiness throughout the neighborhood. Hopton said he has a right to pursue this through the courts. Hopton is also pursuing this through the state liquor board as he does not feel this operation should have a liquor license. City Attorney Taddune told Council Hopton filed a complaint with the municipal court. The environmental health officer investigated this. It was put off for six months with the understanding that Little Nell's was very cooperative that the noise problem had been remedied. When Dunlop came to town to monitor the noise level, Little Nell's was in compliance. Taddune said the police department would be more appropriate to investigate the disturbance problems. Taddune told Council they can suspend or revoke a liquor license after a hearing if it does turn out the proprietor of the establishment is ing an unruly place. One of the liquor regulations states that each licensee shall his establishment in a decent, orderly and respectable manner. It also states there shall not be undue noise or other disturbances or activities offensive to the senses of the average citizen or to the residents of the neighborhood. Councilwoman Michael suggested red tagging the liquor license renewal and have all parties come in when that ±s on the agenda. Taddune suggested contacting the police department to find out how many calls they have had and how many other parties are being affected. Hopton presented a letter from a guest from the M.A.A. stating during his stay he could not enjoy the unit because of the disturbances in the parking lot next door. Hopton said there have been complaints also from the Tipple Inn. Mayor Edel agreed this should be pursued but with the other parties involved. Taddune said the police department should investigate and respond to Council with a report on the activities. Hopton requested that the police patrol this area more regularly. Taddune suggested this be handled on an adminstrative level with the staff and interested parties. Councilman Knecht said the basic problem is residential units in a commercial area and thi: does cause problems. Council requested staff to handle this soon. 3. Annie Cook told Council that at the Koch lumber property there is a lot of heavy machinery being moved around and noise made. Ms. Cook complained to Tom Dunlop who explained the noise levels; however, this property is not zoned and Dunlop cannot enforce anything in areas that are not zoned. Dunlop told Council that the noise ordinance is bason on zones and their uses. Dunlop told Council this area is being used for storing dirt and equipment. Alan Richman told Council this area was annexed last year for an M.A.A. housing project. The area was not zoned within the 90 day limit. The hearing for the zoning was called off and never rescheduled. Richman told Council that case law indicates if an area is not zoned, the owner of the property does not have to follow any zoning regulations. Richman said when this was brought to P & Z there was much discussion as the planning office recommended R-15 and the owner wants R/MF. P & Z put this off until February. Council said they did not want this property unzoned until February. Mayor Edel said this property is creating a disturbance and the cannot do anything about it. Councilwoman Michael moved to put the Koch lumber property on the agenda; seconded by Councilman Collins. All in favor, motion carried. Councilwoman Michael moved that Council instruct the planning office to reinstitute the rezoning on %he Koch lumber property and it be done as soon as possible; seconded by Councilman Collins. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Collins moved to put on the agenda the traffic light report and a managemen team for the Wheeler Opera House; seconded by Councilman Parry. All in favor, motion carried. 2. Councilman Parry said he would like to rename the Ice Garden to Brown Ice Palace. Councilman Parry said that Ruth Brown financed it and her name should be on it. Council- woman Michael suggested having staff make phone calls before Council decides to rename anything. Council requested staff to work on this. 3. Councilwoman Michael said she would prefer the traffic light discussion on the next agenda so that the police department can prepare a report and be present. 4. Mayor Edel said that Bill Sparry would like to be put on the agenda. Sparry appeared before the Commissioners today about Coloradans for Recycling. Councilman Parry moved to put Coloradans for Recycling on the agenda; seconded by Council- woman Michael. All in favor, motion carried. COLORADANS FOR RECYCLING Bill Sparry told Council this is a non-profit group formed to place an initiative on the November 1982 general election ballot. This will place a 5 cent refund on all bottles and cans to encourage a return for recycling. This bill has been passed in seven states and has been highly successful. In Oregon there was an 88 per cent decrease in bottle and can litter. Pitkin County voted for this initiative in 1976; however, it lost state wide. This initiative lost because their side was under financed. This bill will save energy if passed nation wide. It has saved energy in Oregon. This increases employment and helps to conserve natural resources. Sparry asked for an endorsement from the Council and presented a suggested resolution. Sperry also asked for a contribution to the campaign. Councilwoman Michael moved to endorse Coloradans for Recycling efforts and direct the staff to draft a resolution for this endorsement; seconded by Councilman Collins. Councilman Parry said this adds at least $1.20 to cases of pop or beers. This createas a hassle for vending machine. Councilman Parry said there are tremendous problems in getting the bottles back to where they belong. Councilwoman Michael agreed there is a cost to this and the hassle factor, too; however, one can support it knowing this. All in favor, with the exception of Councilman Parry. Motion carried. Sparry requested Council consider a contribution to the campaign. The Commissioners supported this. Councilwoman Michael moved to find ~100 in Council's budget for this effort; seconded by Councilman Collins. All in favor, with the exception of Councilman Parry. Motion carried Councilwoman Michael moved to put the acceptance of financial statements on the agenda; seconded by Councilman Parry. All in favor, motion carried. CASTLE RIDGE DISCUSSION Ron Kinnell told Council Castle Ridge was paved today. Dan McArthur, city engineer, show~ Council drawings of the landscaping. Four landscapers submitted bids. The low bid was Lazy Glen at $27,000; their bid was based on trees that were 2 feet shorter than other bids. Also Lazy Glen bid on container trees versus balled and burlap. McArthur told Council that container grown trees have a better chance of survival; they are cheaper and they are also smaller. Councilman Collins asked about guarantees. McArthur said the big problem is that no one will guarantee the trees without a watering system. There is not a waterlng system out there and it was not anticipated. McArthur told Council that $15,000 was budgeted for landscaping and the lowest bid is $27,000. McArthur said if these trees cannot be watered, they should not be put in at all. Frank LaGoia said there is no possible was to guarantee the materials being planted without a watering system. There will be an 80 per cent mortality rate. This will look bad for the city and for the landscaper. LaGoia said the city should consider a watering system before they go ahead with the landscaping plan. LaGoia said a sprinkling system will cost around $15,000. Mayor Edel requested a more definitive cost of a sprinkling system. City Manager Chapman said it was his understanding these trees were to be planted next spring and suggested having the staff go back to the drawing board and study an under ground sprinkling system. LaGoia said the soil is not very good at Castle Ridge. There is a lot of rock underneath. This bid does not include top soil and grass. With a sprinkling system, the grass should be reseeded. Mayor Edel agreed it is silly to spend $27,000 without a sprinkling system. Councilman Knecht said he wanted more information and prices. Councilman Knecht said he felt the city is obliged to make Castle Ridge look better. Mayor Edel asked about the numbers on the buildings. McArthur said this was not in Wilbur Carlson's contract so they did not order the numbers. Mayor Edel asked if the parks department or someone could ge5 this done. Mayor Edet asked about the laundry facilities. Kinnell said he is working on it. Mayor Edel asked about the bus shelter. Councilwoman Michael suggested staff asked the hospital if they will share part of the cost. Kinnell brought up the renewal of the leases. Chapman said the Council needs to look at the rent figures and leases in context of a prospective buyer. Council requested a meeting of the housing authority. APPLICATION FOR THREE-WAY LIQUOR LICENSE - Pour la France Mayor Edel opened the public hearing. City Clerk Koch reported the posting, publication and file to be in order. Rouhlac Garn told Council Pour la France is requesting a three- way hotel and restaurant license. Mayor Edel asked for opponents. Tim Cottrell presented signatures fro surrounding businesses in support of this as well as 136 signatures from customers. Tom Dunlop requested a conditional approval based on compliance with requests from the environmental health office on repairing the restroom facilities. --~ ..... '.=~,,~ ~sp~n ~ln¥ uounc~± October 13, 1981 Mayor Edel closed the public hearing. Councilman Parry moved that based on the evidence presented at a public hearing held October 13, 1981, relating to the application of Pour la France for a three-way liquor license, Council finds the needs of the community have not been met and the license as applied for is hereby granted, subject to the health office agreement with the applicant; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION FOR ELECTION Put off until October 26, 1981 HOLIDAY HOUSE AGREEMENT MODIFICATION City Attorney Taddune reminded COuncil this was discussed at the last Council meeting. Th Skiing Company presented application to Council concerning the sale of the Holiday House from Hans Cantrup. The city has an agreement with Cantrup relative to code violations wi: certain payments and obligations on the part of Cantrup to the city. Most issues were resolved at the last Council meeting. However, in the interim, the Skiing Company has noi received authorization from their main organization to go ahead with the negotiations. The question to Council is what to do about the low income units. Mayor Edel said a conflict with Cantrup was resolved through an agreement. Now they are asking to sell the property and to have the agreement changed. Mayor Edel said he did not think this was right. Taddune said the agreement pertains to the Holiday House and certain restrictions. The Cantrup organization says they will put up substitute collat- eral and Cantrup will continue the $5,000 payment. The question is whether the Holiday House would be more suitable for occupation by the Skiing Company for employee housing. Another question is whether the Holiday House, under ownership Of the Skiing Company, the units should be deed restricted to low housing guidelines. Peter Forsch, representing the Skiing Company, said there is no intention on the part of Cantrup or the Skiing Company to get out of the $5,000 a year obligatiOn. What the Skiing Company would like to get out of the more restrictive obligations. Mayor Edel said he saw no rationale for changing the units from low income. Forsch said there are 28 units in the Holiday house and they plan on using all 28 with their own pricing structure. The Skiing Company is asking for the ability to set their own pricing guidelines. If they are required to keep these five units lower than the rest of the units, they will have to charge more for the other 23 units. Mayor Edel said he wants these five units at low income. Councilman Knecht said he felt the Skiing Company runs a good program for their employees. Councilman Knecht said he felt if they run all 28 units, the city should not decide what the rents should be. Councilman Parry said he would go with moderate or middle income and if this ever sells it will revert back to the same restrictions there is not. Councilman Parry moved to leave the five units be restricted to moderate income; seconded b~ Councilman Knecht. Mayor Edel said he felt that too often Council makes a deal and then it gets changed. Mayor Edel said he saw no rationale for these five units being changed from low. All in favor, with the exception of Mayor Edel. Motion carried. ORDINANCE #67, SERIES OF 1981 - Pitkin Reserve Annexation City Attorney Taddune reminded Council in September a decision was made to annex Pitkin Reserve into the city. A finding of substantial compliance with the annexation statutes was contained in the resolutiOn. Taddune said it is now appropriate for Council to enact first reading of the annexation ordinance. Councilwoman Michael moved to read Ordinance ~67, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE 967 (Series of 1981) AN ORDINANCE ANNEXING A TRACT OF LAND KNOWN AS THE PITKIN RESERVE PROPERTY LOCATED IN PITKIN COUNTY, COLORADO, WHICH ANNEXATION IS AN ACCOMPLISHMENT OF THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk Councilwoman Michael moved to adopt Ordinance #67, Series of 1981, on first reading; seconded by Councilman Knecht. Councilman Collins expressed his opposition tO this proposed annexation primarily it is being annexed for reasons other than good, sound planning and the appropriateness of this area for the city. This sits across the river from the city. It is only accessible by going from the city into the county. Councilman Collins said there has been no discussion from staff on what this will cost the city to provide services to this parcel. This parce is in essense rural and is not contiguous to the city. City Attorney Taddune told Council they will see the final plat. The annexation is a prerequisite for development into the city. Alan Richman, planning office, told Council that the P & Z exacted conditions from the developer relating to water, sewer, roads and trails. This will all be covered at ; final plat. '. Councilwoman Michael reiterated this is another step in a serious and time consuming process in which the city has tried to solve a long standing problem. Councilwoman Michael said she supports this. Roll call vote; Councilmembers Parry, aye; Knecht, nay; Collins, nay; Michael, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~69, SERIES OF 1981 - GMP Exception 85:15 Councilman Parry moved to read Ordinance #69, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~69 (Series of 1981) AN ORDINANCE AM_ENDING THE EXCEPTION PROVISION OF THE GROWTH MANAGEMENT PLAN BY ALLOWING FOR THE EXCEPTION THEREFROM OF CERTAIN SIZED PROJECTS THAT RESULT IN A RATIO OF NO LESS THAN 85% to 15% BETWEEN THE CONVERSION OF EXISTING UNCONTROLLED HOUSING TO DEED RESTRICTED. HOUSING AND THE CONSTRUCTION OF NEW UNCONTROLLED UNITS was read bY the city clerk Councilwoman Michael moved to adopt Ordinance #69, Series of 1981, on first reading; seconded by Councilman Parry. Alan Richman, planning office, told Council this GMP exception is an approach to preservin~ some existing employee housing and permit construction of non deed restricted units in exchange for deed restriction. Review criteria has been setup in this ordinance. The newly constructed free market units will be subtracted from the residential quota for the next year. This is consistent with planning office policy. Roll call vote; Councilmembers Knecht, nay; Parry, aye; Michael, aye; Collins, nay; Mayor Edel, aye. Motion carried. ORDINANCE #68, SERIES OF 1981 - Golf Course Support Overlay Zones Councilwoman Michael moved to read Ordinance ~68, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~68 (Series of 1981) AN ORDINANCE AMENDING SECTION 24-2.1 AND 24-3.2 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY THE CREATION OF A GOLF COURSE SUPPORT OVERLAY ZONE DISTRICT, AND BY AMENDING THE PERMITTED USES OF THE PARK ZONE DISTRICT was read by the city clerk Councilwoman Michael moved to adopt Ordinance #68, Series of 1981, on first reading; seconded by Councilman Parry. Alan Richman told Council P & Z generally concurred with t~e resolution Council sent to them on this. There are only two changes requested; housing for employees of the lodge should be included as a permitted use; that the area and bulk requirements be set by PUD. This second requirement will allow Council to review the proposal. Roll call vote; Councilmembers Michael, aye; Collins, nay; Parry, aye; Knecht, aye; Mayor Edel, aye. Motion carried. LIQUOR AND OCCUPATION TAXES This will be addressed at the October 26, 1981 meeting. INSURANCE POOL - CIRSA Larry Thoreson, finance department, told CounCil as a result of rising insurance rates the CAST and CML looked into forming an insurance pool. CML has formed a pool called CIRSA consisting of 26 cities. The cities pay a prorated share into the pool. The first $1,000 of any loss will be incurred by the city. The next million dollars would be absorbed by funds of the pool itself. Any loss in excess of a million dollars would be covered by catastrophe insurance purchased by the pool. The benefit to the city would be decreased costs from $200,000 to as low as $57,000. The city would have the same coverage they have now. ThOreson told Council the benefits is decreased costs; also the city had some difficult in Placing some coverage, which will be automatically covered in the pool. Based on this, the staff recommends the city join CIRSA and extend the present coverage with Marsh-and McClellan until January. Councilwoman Michael moved that the staff prepare the necessary ordinances to effec their members and participation in the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and, further, that the staff renew or extend the existing insurance policies with Marsh and McLennan for the interim period until the inception of CIRSA; seconded by Councilman Knecht. Mike O'Connell of March and MacLellan, told Council the city and Marsh and McLellan have had a long and good relationship and he does~not look forward to loosing the city as a client. O'Connell~ said he has been involved in self-insurance efforts all over the county and it is a concept he supports and thinks is a good idea. All in favor, motion carried. ORDINANCE ~70, SERIES OF 1981 - Water Management Plan Councilman Parry moved to read Ordinance 970, SEries of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~70 (Series of 1981) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE WATER FUND FROM CURRENT YEAR FUND BALANCE IN THE AMOUNT OF $2,900 TO BE USED FOR OFFICE EQUIPMENT AND THE COST OF SALARY FOR A UTILITIES TECHNICIAN FOR THE REMAINDER OF THIS YEAR was read by the city clerk Councilman Knecht moved to adopt Ordinance ~70, Series of 1981, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Collins, aye; Knecth, aye; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE #71, SERIES OF 1981 - Appropriations/Water and Electric Councilman Parry moved to read Ordinance #71, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE =71 (Series of 1981) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE WATER FUND FROM CURRENT YEAR UNAPPROPRIATED REVENUES IN THE AMOUNT OF $7,500 AND A SUPPLEMENTAL APPRO- PRIATION IN THE ELECTRIC FUND FROM CURRENT YEAR UNAPPROPRIATED REVENUES IN THE AMOUNT OF $7,500 was read by the city clerk Councilwoman Michael moved ~o adopt Ordinance ~71, Series of 1981, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Michael, aye; Knecht, nay Collins, aye; Parry, aye; Mayor Edel, aye. Motion carried. Councilman Knecht said the idea of spending $15,000 to find out if the city can go in and do another study to put dams on Castle and Maroon creeks bothers him.. ORDINANCE #63, SERIES OF 1981 - Saab Leases City Attorney said this passed on first reading, then he changed the lease. The lease has been sent to the lessor and in case there might be changes, Taddune recommended tabling the ordinance. Mayor Edel opened the public hearing and continued it to October, 26, 1981. Councilwoman Michael moved to table Ordinance #63, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~64, SERIES OF 1981 - Wheeler Transfer Tax Appropriations Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Parry moved to adopt Ordinance ~64, Series of 1981, on second reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht,. aye; Collins, aye; Parry, aye; Michael, aye; Mayor Edel, aye. ORDINANCE #65, SERIES OF 1981 - Appropriations - Pension Fund Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Parry moved to adopt Ordinance ~65, Series of 1981, on second reading; seconde~ by Councilman Knecht. Roll call vote; Councilmembers Parry, aye; Knecht, aye; Michael, aye~ Collins, aye; Mayor Edel, aye. Motion carried. CONSENT AGENDA Councilwoman Michael moved to approve the consent agenda; seconded by Councilman Parry. These items are (1) Stein Park, Request ~or expansion of premises - Crystal Palace; (3) Liquor License Transfer - Greenhouse Diner; (4) Liquor License Renewals - Abetone; Aspen Bar & Grill; Grop Shop; (5) Special Event Permit - Friends of Winter Concerts. All in favor, motion carried. WHEELER OPERA HOUSE MANAGEMENT TEAM Councilman Collins said this has been discussed previously; however, he was under the impression this would be a management team for the entire facility. At the last meeting, Council approved another task force which has to do with operation and maintenance of the theatre only. Councilman Collins said he thought the intent of Council was to look at the overall facility, not just one element. Councilman Collins said he though t it might be self-defeating to look at just one part of the building now. Mayor Edel said he has no problem with this suggestion. Council's thinking was to limit the management team at this point because of the many vagaries attendant to the theatre aspect of the Wheeler The remainder of the building is fairly cut and dried. Mayor Edel said he saw this committee as a short term, uniquely directed operation. However, if it is more viable to encompass the entire building, that would be all right to. Councilman Collins pointed out what happens in the theatre affects the whole building and everything will be tied together. The whole structure has to be looked at in terms of operating costs, maintenance and function. Just one element cannot be taken out of the building. Regular Meeting Aspen City Council October 13, 1981 City Manager Chapman said the city does need to decide at some time the disposition of the building, i.e. should it be turned over to a non-profit corporation. Some group will have to deal with this issue. Chapman said he feels this is not the right group to deal with that issue. This group is basically arts oriented. The disposition of the building shoul¢ be up to city Council to decide. Chapman said the city should get to the overall facility management in parts. The tentative plan is finished. This group should be dealing with the tenants program for the theatre facility. Until the theatre program is established, the city cannot come up with a good overall management structure for the entire facility. Councilwoman Michael said this group will have a short term life. Their agenda is very set and very specific and then it comes back to Council. The Council still does not know the exact function of the theatre. Mayor Edel said the city will have to hire someone to manage the theatre, someone who can merchandise it and do other myriad responsibilities. Chapman said Council has made the decision of who the tenants will be, which takes care of half the building. The rest of the building is basically theatre. Chapman said the thing the city has no information on is what is the cost of running a theatre, what needs to be done, what kind of people are needed. Chapman said the users of the facility should work together to come up with a program for the theatre part of the building. Right now, this information is missing. Mayor Edel agreed that an expert shoul~ be hired to professionally run the theatre. TRAFFIC LIGHTS ON MAIN STREET Mayor Edel asked why the lights were not synchronized. City Engineer McArthur told Council that the department of highways failed to order a part; it will take 12 weeks to get the part and install it. Councilman Parry asked why there was not a pedestrian walk signal at Mill and Main. McArthur said that part is also coming. Councilman Parry suggested having the lights flashing on Main after midnight. McArthur told Council he could have the lights blinking until all the parts are here. City Manager Chapman said he. would chec] with the police department to see what time the lights should go on blinking at night. Councilwoman Michael suggested the pedestrian walkway signals be moved from Main and Monar~ to Main and Mill. McArthur told Council that the fourth stoplight at Galena and Main is not installed becaus~ someone told the highway department not to cut down the tree at that corner. The parks director looked at this tree and has no problem removing it because it is dead in a couple of spots. Councilman Knecht said the city does not need any more stoplights. Councilman Parry said he wants the stoplight at Galena and Main. Chapman told Council the state highway department takes the position they will put lights in if they meet the state warrants. If the city doesn not want the light, they will not put it in. Councilmembers Michael, Parry and Mayor Edel want the lights at Galena; Councilmembers Knecht and Collins voted to keep the tree and no light. ACCEPTANCE OF THE AUDIT Councilwoman Michael moved to approve the auditor's statement; seconded by Councilman Knecht. All in favor, motion carried. Councilman Collins moved to adjourn at 8:05 p.m.; seconded by Councilman Parry. All in favor, motion carried. Kathryn~. Koch, City Clerk