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HomeMy WebLinkAboutminutes.council.19821025Mayor Pro Tem Michael called th~ meeting to order at 12:30 p.m. with Councilmembers Parry~ and Collins present. City Attorney Taddune told Council the reason the meeting was continued until today was if the opportunity presented itself, the Council might be able to act upon the applica- tion for amendment to Cantrup's 1978 growth management application. Taddune told Council in discussing the matter with the applicant, they are not prepared to present the application today. Taddune said certain documents have not been given to his office and the purpose for continuing the meeting no longer exists. Councilman Collins moved to adjourn the meeting at 12:35 p.m.; seconded by Councilman Parry. All in favor, motion carried. Kathryn S~Koch, City Clerk Regular Meeting Aspen City Council October 25, 1982 Mayor Pro Tem Michael called the meeting to order at 5:10 p.m. with Councilmembers Knecht Parry and Collins present. CITIZEN PARTICIPATION 1. Michele Chambers told Council she is doing an Operation CARE, collecting food, clothing and toys. Ms. Chambers said she is trying to get Aspen, Basalt, Carbondale to joint in the effort. There are many people out of work due to the mines closing, oil shale leaving and the economy in general. Many people are hungry. The drop off points in Aspen are the Episcopal Church and the Aspen fire station. Ms. Chambers told Council they could use all the help they could get. Mayor Pro Tem Michael suggested constructing a resolution supporting these efforts. Council agreed. 2. Joan Lane asked about Council's thoughts on acquiring the strip of land between the Rio Grande and Puppy Smith street and have it be open. Ms. Lane said there is a develop-i ment plan for that area. City Attorney Taddune said he had found a promissory note from Trueman and has had conversations with Trueman's attorney. Taddune said he has not had the opportunity to look into this any further. Taddune said he believed at that time the Council supported the payment of cash instead of the land. Taddune has asked Trueman's attorney for a position with respect to the note. City Manager Chapman said the staff has found payments on some promissory notes for park dedication fees has not been paid and the staff is trying to collect these. COUNCILMEMBER COMMENTS 1. Mayor Pro Tem Michael asked for a report on the traffic lights be on the next agenda. Mayor Pro Tem Michael said she would like a decision on the working of these l~ghts ~ before going into the winter season. 2. Councilman Parry moved to add the Woodstone Liquor License transfer as VIII-B; seconded by Councilman Knecht. All in favor, motion carried. DISCUSSION OF P & Z RECOMMENDATION OF PRO SHOP Alan Richman, planning office, told Council the P & Z adopted a resolution regarding the pro shop at their last meeting, which Richman is passing on to Council. The P & Z is dealing with reconsideration of the golf course preliminary plat. Richman reminded Council they approved final plat in February of 1982 permitting the lease to the Red Roof Inns. However, the plat was not recorded within the time limits and the approvals lapsed. In re-reviewing the golf course subdivision, the P & Z tabled action, pending Council's action regarding the pro shop, Richman said when Council initiated the golf course support overlay zone district, there were no set requirements. This action was to make the Red Roof Inns conforming property~ The P & Z reviewed the golf course support zone district and requested a PUD to set the area and bulk requirements by review. Council deleted this. Richman told Council that P & Z's first request is to initiate a rezoning of the golf course property to add a PUD designation. Richman told Council at the P & Z meeting, there was quite a bit of public comment about moving the proi~ shop. This prop shop is in the Pitkin County 200 foot setback. P & Z unanimously a~reed with the recommendation to move the building. P & Z indicated they would like the city to adopt the Pitkin County land use policy concerning the 200 foot setback from highway 82. City Attorney Taddune told Council there is a clause in the Red Roof Inns lease requirin~ the property be subdivided within a certain amount of time. If this is not complied with in time, the Red Roof can turn the property back over to the city. Mayor Pro Tem Michael asked how practical is it to move the pro shop, how much will it cost and where would it be moved. City Engineer Dan McArthur told Council the building could be moved for $10,000 to $20,000. However, along with that are new foundation costs, new utility Ii costs; these are large cOsts and cannot be determined until ah exact location is found. II Taddune pointed out there is not setback requirement on that property and the land is owned by the city. McArthur presented a map of the highway and pointed out the house across the street is only 94 feet from the raod and the prop shop is 107 feet from the road. Taddune told Council the present location of the pro shop is conforming in the city, unless the Council adopts a different policy. Richman said that P & Z is looking for a designation of PUD on the golf course property so that they will have some review mechanism to look at anything that may happen on the property. City Manager Chapman showed an exhibit from the lease with Red Roof Inns which showed the pro shop, which was displayed in Council Chambers, approved by representative of the city and built where the contract called for it. Councilman Collins said no one reminded Council this pro shop was encroach lng in the county setback. Councilman Collins said he felt the city should reciprocate with the county. Mayor Pro Tem Michael said the city should look at the setback auestion; cities tend to be more dense. May Pro Tem Michael said she was not sure she would support a 200 foot setback inside city limits. Councilman Knecht agreed with Collins that he liked the 200 foot corridor. However, he did not want to spend taxpayers' money to move the pro shop. Councilman Knecht said he would rather spend the money on landscap!ng and/ or parking. Councilman Knecht said it is a nice looking building in a good location; it needs landscaping. Councilman Parry said he agreed with Knecht, and it never occurred to him this was encroac ing in the setback because of the two houses across the street. Councilman Parry said he did not want to move the pro shop. Councilman Collins said he had reservations about moving the building because of the cost; also the city does not know if there is a reason- able place to move the pro shop and make it work. Councilman Collins said he would like more information from staff about the costs of moving it and the location. Councilman Collins said he would also like to know where the highway is going to be located in the future. Mayor Pro Tem Michael said she did not have a problem with PUD. The pro shop is no5 against any existing city regulations. Council agreed to go with the PUD designa- tion and not to move the pro shop. THOMAS PROPERTY ANNEXATION/ZONING Alan Richman, planning office, told Council this is a small parcel which should have been annexed when the rest of the Thomas property was annexed. This is.347 acres. Richman pointed out this could be zoned conservation or park zones. Conservation fits well if the property is to be passive open space; park zone makes more sense of the land is for active recreation purposes. The P & Z recommended conservation zone. Councilman Knecht moved to read Ordinance #58, Series of 1982; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~58 (Series of 1982) AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF ASPEN, COLORADO was read by the city clerk Councilman Parry moved to adopt Ordinance ~58, Series of 1982, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Parry, aye; Mayor Pro Tem Michael, aye. Motion carried. Councilman Knecht moved to read Ordinance ~59, Series of 1982; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~59 (Series of 1982) AN ORDINANCE AMENDING SECTION 24-2.2 (ZONING DISTRICT MAP) BY ZONING AND ANNEXED TRACT TO C- CONSERVATION was read by the city clerk Councilman Parry moved to adopt Ordinance #59, Series of 1982; seconded by Councilman Knecht. Roll call vote; Councilmembers Parry, aye; Knecht, aye; Collins, aye; Mayor Pro Tem Michael, aye. Motion carried. Councilman Collins moved to initiate a rezonlng of the golf course to add a PUD designa- tion to the existing park and golf course support zones; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #60, SERIES OF 1982 Banning Leg Hold Traps Lisa Russell, animal control officer, told Council a racoon was found in Herron Park caught in a leg hold trap which someone apparently set to ger rid of the racoon in the neighborhood. Ms. Russell pointed out a child or dog could stick a foot or finger in the trap. The animal control department does lend out "have-a-heart" traps, which are live traps. Ms. Russell said they do not feel there is a need to use leg hold traps in the city and would like to seen them banned. City Attorney Taddune pointed out the Code has a general penalty provision for ordinances like this for conviction of a misdemeanor. Councilman Knecht moved to read Ordinance #60, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~60 (Series of 1982) AN ORDINANCE PROHIBITING THE USE OF LEG-HOLD ANIMANL TRAPS WITHIN THE CITY OF ASPEN, COLORADO was read by the city clerk Councilman Knecht moved to adopt Ordinance #60, Series of 1982, on first reading; seconde~ by Councilman Collins. Georgie Leighton said this will face opposition from the Division of Wildlife at second reading. Ms. Russell said they are opposed because a state ordinance covers protection of people's live stock and they may set any kind of trap they want. Ms. Russell said this is fine for people who life where there are no children. Mayor Pro Tem Michael agreed there is a different ethic in the cities. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Parry, aye; Mayor Pro Tem Michael, aye. Motion carried. UPDATE ON HUMANE SOCIETY Lisa Russell, animal control director, told Council they are trying to get better organize The Humane Society has about $1,000 in the bank. They plan a rabies clinic. They have a steady income from Shaklee products, 10 per cent of the gross goes towards the Humane society. The Humane Society plans neutering projects next year and a humane education program. Councilman Knecht said Ms. Russell has done an incredible job getting the Humane Society together. LIQUOR LICENSE TRANSFER - The Ritz Steve Bolerjack and Jon Kosh, owners of the Ritz, were present and told Council they hope to open December 15. The Ritz will be serving lunch and dinner. The space will be mostl~ restaurant with a small bar. They will serve a combination of American and European food. Kosh and Bolerjack also own Paddy Bugatti's. Councilman Knecht moved to approve the transfer of Bici Comis liquor license to B.K Restaurants Ltd d/b/a The Ritz; seconded by Councilman Collins. All in favor, motion carried. LIQUOR LICENSE TRANSFER - The Woodstone Spencer Schiffer told Council the corporation applying for the license is Vacation Restaurant Resorts Inc., which is owned by Vacation Resorts Inc. The Woodstone is owned by Resort Hotel Development, which is also owned by VRI. This is an application for transfer of The Anchorage; they plan to have the same restaurant operation, to have a bar in the lobby, and to be able to have room service. The principles are John Platt and Bob Johnston. Councilman Knecht moved to approve the transfer of the liquor license from The Anchorage to Vacation Restaurant Resorts Inc. d/b/a The Woodstone; seconded by Councilman Parry. All in favor, motion carried. REPRESENTATIVE FOR TRANSPORTATION AGENCY Mayor Pro Tem Michael said the consolidation of the bus departments is a5 a crossroads. The county is fully backing consolidation; they have the most to gain. The city is still interested with reluctance to any reducation in service. Snowmass still has a number of questions to resolve; they do not Want to give the power to run their system over to anyone else. A five member transit agency is being formed for the next two months to work on final decision. They will get reports from the attorneys on the legal steps that have to be taken. Mayor Pro Tem Michael said a representative from the Council is neeced to be part of the transit agency. Councilman Parry said he would serve on the transit agency. Nancy Van Domelin and Bob Kevan have been on the committe throughout and have indicated their interest. SUBDIVISION EXCEPTION - Potvin/Doremus Alan Richman, planning office, told Council this is a straight forward lot split. It meets all the requirements of the Code criteria; only two new parcels are being created and there is an existing dwelling on one of the ~arcels. The existing deck protrudes into the setback. The applicant went to the Board of Adjustment and got a variance. The planning office and P & Z recommend approval with some minor conditions. The assistant city attorney requests inclusion of the protective covenants be approved by the city attorney. Councilman Knecht moved to approve the Potvin/Doremus lot split with the conditions; (1) the plat should be amended to include the following: a title of lot split; indication of the area of lot P which was restricted from development by the Board of Adjustment's variance approval; clear indication of N, O and P, Q as separate ownerships; all approval and recordation certification; (2) the lot split plat should be the standard required size of 24 inches by 36 inches for the purposes of recordation; (3) both parcels created should be required by covenant to 3oin a sidewalk improvement district should one be created in the future; (4) the requirements of the variance granted by the Board of Adjustment must be met; (5) the protective covenants be filed in form to be approved by the city attorney's office; seconded by Councilman Parry. All in favor, motion carried ORDINANCE ~50, SERIES OF 1982 - Election Times Mayor Pro Tem Michael opened the public hearing. Mayor Pro Tem Michael said this ordinanc~e will allow elections only in January, February, Mary, May every other year, July, August September, November and December or other regulation election time- Bill Martin, representing All Citizens Action Committee, told Council they have discussed Ordinance ~50 and find the language so loosely written it does not come close to the intent of ACAC, which is to restrict the number of special election. Martin outlined past special elections and the voter turn out; February 1980 293; January 1982 324; June 1982 292. In the general election of November 1980 there were 1765 and in the city's regular election of May 1981 there were 1300 voters. Martin told Council that ACAC will not withdraw their support of the county amendment. If this passes, ACAC will file petitions in the city for minimum voter turn out. Martin requested an amendment to Ordinance #50 stating there will only be two elections a year and any special election will be held on Sundays. Councilman Knecht said an amendment requiring a certain amount of voters to turn out, gives everybody that does not bother to go to the polls a "no" vote automatically. Councilman Knecht said there is no way to force people to go out and vote. The simple majority is the only way to go. Mayor Pro Tem Michael agreed that a required percentage turn out is unwise; some elections are not that controversial and people do not turn out. Martin told Council one of the objectives of ACAC is to require City Hall to be more thoughtful on issues and how long the community has to prepare for these issues. Martin said 1/6th the registered voters is the way to go; however, if the city is willing to try two elections per year, they will go along with that. Councilman Collins said he would like to see Council not approve this ordinance. Between now and the next city regular election, the Council can put together an ordinance that addresses the interest and concerns of ACAC about the voting ~ numbers and p~rticipation. Mayor Pro Tem Michael closed the public hearing. Councilman Knecht moved to read Ordinance ~50, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE a50 (Series of 1982) AN ORDINANCE REQUIRING THAT SPECIAL MUNICIPAL ELECTIONS BE HELD ONLY DURING THE MONTHS OF JANUARY, FEBRUARY, MARCH, JULY, AUGUST, NOVEMBER OR DECEMBER, OR ON THE DATE OF A REGULAR ELECTION was read by the city clerk Ordinance #50, Series of 1982, DIES for lack of a motion. Mayor Pro Tem Michael said the Counsil will wait to see what happens to the county election. This particular vote does not indicate lack of interest about voter turn out but rather a number of concerns of Council. CASTLE RIDGE - MUD JACKING City Engineer Dan McArthur said this is to address the problem of buildings settling at Castle Ridge. There are two buildings, eight units a piece with a mix of studios, one two and three-bedrooms. Staff is asking that Council approve the bid from Denver Groutin, based on the recommendations of Chen and Associates, who the city has retained as tants on this problem of the settling of A and B buildings at Castle Ridge. McArthur told Council the city was notified of this problem ~n the spring and contacted two soils engineering firms with recommendations of the problem and the solution. In September the City went to bid. In the meantime, the city had Curt Seely make recommenda- tion to the city on which contractor to use. McArthur said Seeley recommended Denver Grouting because of their experience and their equipment. This does involve picking the contractor with the higher price. There will be some savings because of providing employee rooms and a place to store the equipment. City Manager Chapman said the city has had two independent soils reports on the problem. There is a bit of difference as to what caused the problem; however, the reports are identical in terms of the recommended solution - pressure grouting. ~ Chapman told Council the reports have been discussed with relevant contractors on the Castle Ridge project. The city has put the contractors on notice regarding the problem and have informed the contracts that the city does not intend to let the problem become worse. The City intends to make an effort to rectify the problem without prejudicing the option in terms of steps to recover what is due to the city. Chapman told Council staff will negotiate with the insurance companies that are involved and keep the legal option open. McArthur told Council the problem cannot be ignored; it the city waits until next spring, there will be additional settlement, which will increase the costs of repair. Mayor Pro Tem Michael asked where the $232,500 will come from. Chapman answered this have to come out of the receipts received from the purchaser of Castle Ridge. Chapman said part of the S500,000 received at closing will have to go to corect this problem. city can pursue recovery afterward. Councilman Collins said his firm was involved and he would abstain from any discussions. Chapman said two of the units will have to be vacated during this process. One of the tenants has contacted the city and will be moved within the project at the city's expense. The other tenant is out of town. McArthur explained the process of lifting the building, which is to inject concrete bulbs into the ground. Councilman Knecht moved to award the contract to Denver Grouting, not to exceed $232,500 according to the Chen report; seconded by Councilman Parry. All in favor, Councilman Collins abstained. Motion carried. THIRD QUARTER FINANCIAL REPORT Finance Director Sheree Sonfield presented the report, noting every department is listed showing individual performance. Ms. Sonfield sai~ this is the first year the city has done budgetting on a monthly basis. Chapman pointed out in the general fund the revenues are $91,000 more than estimated and the expenditures $66,000 less. The staff is a quarter of a million dollar increase to the general fund balance. The land fund has a $26,000 increase. The water fund has a $41,000 decrease to fund balanc~ primarily because revenues are far below expected due to the wet summer. Chapman pointed out the electric fund has an $100,000 increase to fund balance; revenues are down but expenditures I are down even more. Also in the transportation fund the revenues are down but the expenditures are down even more. The staff expects the position to be improved about $21,000. In the ice garden fund the revenues are way down; hopefully this will be offset ~. by fee increases and an expenditure control program. Chapman told Council most funds are in better shap than projected. Ms. Sonfield also gave Council a summary of appropria- tions Council has made to date and a five year budget plan. Ms. Sonfield said there is $1,000,000 in general fund reserves and this years revenues versus expenditures should add more. Council thanked staff and Ms. Sonfield for the excellent report. Regular Meeting Aspen City Council October 25, 1982 AMENDED ARTICLES OF NWCCOG Assistant City Attorney Gary Esary said his memorandum is self-explanatory. The major change in the articles is the loss of policy vote. Esary pointed out the state legisla- tion provides that governments can enter into intergovernmental agreements to provide for a regional planning authority. COG has the potential power to become a regional planning authroity. Mayor Pro Tem Michael said the value of COG does ebb and flow. They deserve to exist and receive $12,000 from the city. Esary said he could not see any prejudice ~o the city in these proposed changes. Councilman Parry moved to approve and ratify the proposed articles of Association of the Northwest Colorado Council of Governments (NWCCOG) as contained in NWCCOG Resolution No. 1982-3 of August 26, 1982, and to authorize and direct the Mayor to execute a ratification document to return to NWCCOG; seconded by Councilman Knecht. All in favor, motion carried RESOLUTION #29, SERIES OF 1982 - Adopting the 1983 Mill Levy Councilman Parry moved to adopt Resolution 929, Series of 1982; seconded by Councilman Knecht. Finance Director Sheree Sonfield told Council the city has to certify the mill levy every year. This year the mill levy has been adjusted down to account for the contribution not given to the ambulance. The mill levy will be 4.07 in 1983 instead of 4.75 All in favor, motion carried. Mayor Pro Tem Michael said last week three Council members approved adding one more pool vehicle. Ron Mitchel came up with figures and Council decided it was more cost effective to have a pool vehicle rather than paying staff to use their own cars. RESOLUTION ~30, SERIES OF 1982 - Authorized Signators Councilman Parry moved to adopt Resolution ~30, Series of 1982; seconded by Councilman Collins. Ms. Sonfield explained to Council in the past staff has executed certain leases and other documents. The assistant city attorney has suggested Council pass a resolution very specific so that staff can sign certain things and not lessen any internal control. This is not a carte blance. Councilman Knecht said he thought this was a great idea. All in favor, motion carried. RESOLUTION ~31, SERIES OF 1982 Approvlng Small Clai~ms Court Representatives Councilman Parry moved to adopt Resolution ~31, Series of 1982; seconded by Councilman Knecht. Ms. Sonfield told Council this is part of the cash managemen~ program the staff has outlined. The staff has been reviewing the city's credit and collections policies and what can be done to get money in. Ms. Sonfield said at the $1,000 level owed, the staff sees a real need to go to small claims court. The city has around $120,000 in bad debts. Mayor Pro Tem Michael asked the need for this resolution. Assistant City Attorney Esary said the city manager by Charter is empowered to collect debts on behalf of the city. The way the small claims court rules are written, this would authorize members of the finance department, delegated by Chapman. All in favor, motion carried. LIQUOR LICENSE RENEWALS Councilman Knecht moved to approve the renewals for Wienerstube; Eagle's Club; Cooper Street Pier; Tom's Market, The Shaft; Crossroads Drug; Hickory House, Great Western Spirit Company; and Uncle willy's Spirit House; seconded by Councilman Collins. All in favor, motion carried. Councilman Collins moved to adjourn at 8:05 p.m.; seconded by Councilman Parry. All in favor, motion carried. ~h, City Clerk