Loading...
HomeMy WebLinkAboutminutes.council.19771219Regular Meeting Aspen City Council December 19, 1977 Mayor Pro Tem Behrendt called the meeting to order at 5:15 p.m. with Councilmembers Hershey, Parry, Wishart, and Johnston, and City Manager Mahoney present. MINUTES Councilman Hershey moved to approve the minutes of November 29 as submitted; seconded by Councilman Wishart. All in favor, motion carried. CITIZEN PARTICIPATION 1. John Doveas, former Chief of Police, make a recommendation to Council regarding the police chief that he thouaht would save money and solve the problems. Doveas said the Council should think seri6usly about considering Sheriff Dick Kienast, as they are C~ief of Police/ going to eventually consolidate the two operations. This should save dollar value at Sheriff between $20-60,000. Dovaeas urged the Council to think about this. Consolidation COUNCILMEMBER COMMENTS 1. Councilwoman Johnston requested against an inventory of motorized vehicles and vehicle the'departments they are assigned to. Inventory 2. Councilman Hershey said he wanted to be sure that the mall is going to be taken care of. City Manager Mahoney said they were going to try a number of different things Mall to remove the snow and ice, like white ~and, sno-melt. The Parks Department is working Maintenance on it. Regular Meeting LIQUOR LICENSE RENEWALS i Liquor license Councilman Wishart moved to approve Don GioVanni's, BPOElks, and Jerry'S Place liquor ~? renewals - license renewals for 1978; seconded by Councilman Parry. All in favor. ii~.Don Giovannis Elks, Jerrys Councilman wishart moved to approve the liquor license renewal for Aspen Inn Club condi- tioned upon meeting all Dunlop's health requirements; seconded bY Councilman Parry. All Aspen Inn in favor, motion carried. club MALL COMMISSION APPOINTMENTS Councilwoman Johnston moved that the Council appoint the following seven people to the Mall Commission according to the ordinance; Nancy Snell, Andi Schifani, Curt Baar, Mall ODr~a. Georgeann Waggaman, Pete Stone~ Jon Busch, and Gary Plumley; seconded by Councilman wishart. Appts. Snell, Schifan~, Councilman Wishart pointed out that the Council is considering changing the ordinance to Baar, Waggaman!, have alternate to the Commission. These people that have applied should consider them- Stone, Busch, selves as applicants for alternates. Councilwoman Johnston instructed the City Attorney Plumley to draw up an amendment to the ordinance to include an alternate or two. All in favor, motion carried. WINTERSKOL ACTIVITIES Sheri Draper, representing the Chamber of Commerce, t61d Council they had received a parade permit from the City Manager plus permission to close off Hopkins street behind Winterskol Paepcke Park for the dog fashion show. Ms. Draper stated there will be no bonfire. The Chamber is trying to do more with crowd control, especially during the parade. Councilman wishart moved to a~cept the program as outlined; seconded by Councilman Parry. Councilwoman Johnston said people had suggested having the parade go through the mall and asked for reactions. City Manager Mahoney said he felt in the winter time, this would be so bad but in the summer, a parade would hurt the trees and sod. Councilman wishart pointed out there would be so many people in the mall watching the parades, trees would get broken. Councilwoman Johnston said she had a problem with the moto-cross and the vehicle tug-of-war, whether they are really appropriate to Winterskol. Councilwoman Johnston pointed out the parking lot is supposed to be used for parking, and that these events are ocassion for more than a fair amount of drinking. Ms. Draper told Council there will be plenty of parking there. AlSo, Schlitz will not be sponsoring the events this year. Tin Singelis has gotten a lot of people to be responsible for crowd control. Councilman Hershey agreed aboht the vehicle tug-of-war, but said he felt the moto-cross was all right. Councilman wishart amended his motion to exclude the vehicle tug-of-war; Councilman Parry accepted the second. LIQUOR LICENSE TRANSFER ~ House of Nine Dragons Councilwoman Johnston moved to put the Aspen Steak Company on the agenda; seconded by House of Nine Councilman Van Ness. All in favor, motion carried. Dragons - li6~nse Charles Fagin, representing House of Nine Dragons, told Council this establishment was transfer having the same problems as the Aspen Inn Club/Arya had. There was a management agree- ment set up and approved. This is an instance where the person actually running the establishment does not have the liquor license in him name, rather there is a management agreement with the Fireside Lodge. Ed Ka Wong has now created a leasehold and will operate the House of Nine Dragons with the license in his name. Tom Dunlop told Council he had talked to Wong and there are some outstanding problems that will have to be corrected. Dunlop urged Council to condition approval of the transfer upon Dunlop's approval. Councilman Van Ness moved to conditionally approve the transfer to Wong upon Dunlop's approval; seconded by Councilman wishart. Councilwoman Johnston amended the motion by putting on restrictions that should the nature of the operation change, they come back to Council for full review and approval. Councilman Van Ness asked what "nature of the business" meant. Councilwoman Johnston said this was the standard condition put upon approvals so that establishments cannot change into a discoteque or a hamburger joint. Councilmembers Behrendt, Johnston, and Hershey opposed; Councilmembers Van Ness, Parry, and Wishart in favor. Motion NOT carried. Councilwoman Johnston moved to approve the transfer of the license for House of Nine Dragons condition upon satisfying of the problems Dunlop has and conditioned upon the standard clause that should the operation change or should it be sold, it shall return to Council for a full hearing; seconded by Councilman wishart. All in favor, with the ~xception of Councilman Van Ness. Council asked that they get something submitted in writing by the City Attorney which can be used as a standard clause for transfers. ASPEN STEAK COMPANY Renewal Rene~ral - Councilman wishart moved to approve the ~enewal for Aspen Steak Company; seconded by Aspen Steak Councilman Hershey. Company _ ~F=~ u~ey uouncm£ December 19, 1977 Tom Dunlop told Council that currently there are two operations and two restaz~-~.~iicense. Dunlop is getting this straightened out with the owner and Colorado Department of Revenue.~ The building is physically connected, the two restaurants are owned by the same people in the same building. There are outstanding violations that have almost been completed. Councilman Wishart moved to approve the renewal conditioned upon Dunlop's satisfaction; seconded by Councilman Hershey. Councilman'Van Ness excused himself from voting due to a conflict in interest. All in favor, motion carried. ACCESS FOR HANDICAPPED Beau Washington thanked City Manager Mahoney for a good start in clearing the snow and ice. Washington said he would like four spaces set aside for handicapped parking; at Handicapped Lift lA, in front of Le Cabaret, in front of Andre's, and the Mill Street Station. These ~cess/parking parking spaces need to be 12 feet wide to enable the handicapped to get out of their car safely. Councilman Hershey pointed out that the area in front of Le Cabaret would get jammed up because it is a bus exit from Rubey Park. Councilwoman Johnston said that if parking spaces were set aside, there would be a number of times they are not used and this might tend to antagonize people. Councilwoman Johnston asked what were the problems with City Manager Mahoney issued mall permits so that people could let passengers outs. Councilman Wishart stated he felt these parking spaces would be abused. Washington said ~hat mall permits would create unusual and special treatment toward handi-i capped and cause special attention to them. Parking places would be in line with the rest! of the cars. Parking in the mall would be a hazard to ambulance and fire trucks. Wash- ington told Council there are at least seven persons that would be eligible to use these. Councilwoman Johnston pointed out this is within the purview of the administration, but that Council can make a recommendation to Mahoney. Councilman Parry said he did not feel this was necessary, to hold parking spaces available that might never be used. Councilwoman Johnston said she felt a far better solution was to issue mall permits; thereii are already people with mall permits and they do not seem to stop anything. Councilman Van Ness agreed and pointed ou~ that if handicapped are worried about being conspicuous in the mall, how inconspicuous would they be with a signed parking place. Councilman Hershey said he felt the problem isn't sufficient in this community to merit this. CONCEPTUAL SUBDIVISION - Parry Ms. Smith, planning office, told Council this is a revised plat of the George Parry proposed two-lot subdivision. Parry originally requested a subdivision exemption. There Conceptual is an existing house, and the total acreage is 2.3. For a number of reasons, the engineer~subdivision ing office recommended against a subdivision exemption, and that this be processed throughlparry full subdivision procedures. P & Z noted several concerns which are mentioned in Kane's memorandum to Council. (1) The lot lines were drawn incorrectly. (2) They do not know exactly where the flood plain boundary is. (3) Subdivision procedures allows for all landowners to be notified. (4) The exemption procedure does not provide for adequate record keeping. (5) Easements are not shown. (6) Most important point is that there is no precedent for processing previously unsubdivided land through the exemption process Ms. Smith explained that officially platted townsite lots have been platted and surveyed and there is a public land record for those lots. City Engineer Ellis said these lots are not identified. Ellis stated that an exemption does not require filing or' granting of easements. Ellis said this should go through the entire review process. There has to be specific language on the plat when recorded to grant easements. This information is not on the plat. There is no copy of an encumbrance report. This does not qualify for an exemption as this is unplatted land and they are parcelling it. Ellis said he would like this checked out to see if the boundary agrees with two previously recorded subdivisions. Parry told Council this is the fourth copy of a plat he has supplied; it is difficult to find out what he has to do. Ellis said he is recommending against an exemption, and is recommending approval of the conceptual subdivision. Councilman'Wishart moved to approve conceptual subdivision with the understanding that adequate information be shown for the extent of the 100 year floodplain; proper showing of easements for sewer and electric facilities; and the showing that adequate area exists for the new lot, taking into consideration the exclusion of land under water; seconded by Councilman Hershey. Councilman Van Ness said he has not seen any benefit of going through the wh61e procedure. Councilman Van Ness said the City should re-examine the subdivision procedures. Council- woman Johnston said ~he did not like seeing new homes being built. Councilwoman Johnston asked if this would count under the GMP as a unit towards the allowable in Aspen. Ms. Smith said this will count against the quota in the year in which it is built; it will not have to go through GMP review. Ellis pointed out this is not a major subdivision; there have been more minor subdivision that have been required to go through the process. This is taking what is in essence raw land and creating two parcels, one for new develop- ment. That is, in the true sense, subdivision of unplatted land. When Parry applied to P & Z, this was critiqued as to whether if fell within subdivision or subdivision exemption. There are questions that should be answered through the subdivision procedure, such as sewer and water easements, the road does not legally exist, to protect the purchaser of the lot and the seller of the property, the City is obligated to make sure the house is no in the flood plain, make sure there is access to the lot, need an abutting legal descrip- tion on one side. All in favor, with the exception ~of Councilwoman Johnston. Motion carried. Regular Meeting ~sp~n ~zuM ~uu~ .......... SUBDIVISION EXEMPTION - Lindner Ms. Smith told Council that this involves an existing duplex, which has been remodeled to Subdivision a two-story duplex. The engineering concerns have been resolved. There is a vacated City Exemption - street on the property which is used for parking. P & Z recommended approval on December Lindner 6 an~ attached the six month minimum lease restriction, and the 90 day right of first refusal and payment of the park dedication fee. This exemption will come under Ordinance ~53, condominiumization policy. The planning office asked the applicant to provide information relative to compliance with the ordinance. This is 6nique as it did not receive P & Z recommendation under that ordinance. Ms. Smith told Council that there are currently no tenants in the building, so there can be no tenant displacement. The other comparison is price guidelines. Council has not adopted anything specific excep~ Chuck Vidal's model of low and moderate incomes. If Council applied the pricing rule of thumb, the maximum in middle income for a unit would be $75,000. Ms. Smith explained that one of the un~ts will bontinue to be rented long term; the other will be sold at around $100,000. This does not comply with the price guidelines recommended but not adopted. Ms. Smith stated that based on the information Gideon Kaufman has given, Council will find this ~s not in the purview of low and moderate income housing. Councilman Van Ness moved ~o approve the subdivision exemption; seconded by Councilman Parry. All in favor, motion carried. Gideon Kaufman reminded Council he had some information on the formula for park dedica- tion fees and he wanted to address Council on this point. Mahoney said he objected to this because he s~ould have had some staff time to prepare. Mahoney said he did not know what the issue was. Mayor Pro Tem Behrendt pointed out this was not mentioned to anyone who prepares the agenda. Kaufman said he would like to show that the formula does not work. It greatly discriminates against older, smaller lots. New lots do not have to pay such big park dedication fees. Mayor Pro Tem Behrendt ~aid this should be discussed when the City Attorney and Planner are present. SUBDIVISION EXEMPTION - Peter Koss/ARI Ms. Smith told Council this is located on Main street, the Nugget Lodge and ARI building. Subdivision The area is owned by Peter Koss and he would like to sell M, N and half of O off to ARI. Exemption The issues would be whether the improvements on lots M, N, %0 comply with existing zoning. AP.I/Koss In terms of uses, ARI would be a permitted use in the O, office district. The Nugget Lodge is a pre-existing non-conforming use. The lot size for ARI is adequate. The FAR is 1:1. There is no park dedication fee because ~his is not residential or commercial. Ms. Smith pointed out the Nugget lsa lodge in the O district, and the only way to compute whether the lot is standard s~ze is to compare it to the lodge district. The four lots come to about 13,000 square feet and the floor size of the Nugget is 13,000 square feet, so it meets the lodge FAR of 1:1. The City engineer has reviewed the survey and certifies that everything is all right. Ellis pointed out there is a shed structure encroaching upon the alley, but that it should be allowed to remain there until it interferes with public use of the alley. There is a question about the payment of the water tap fee. When the new building was put there, the water department requested a new tap fee. This has been disputed. P & Z did not think this question was within their purview. Mahoney said this should be reviewed by Jim Markalunas. Councilman Van Ness moved to approve the exemption subject to an encroachment agreement for the shed; seconded by Councilwoman Johnston. Joe Edwards, representing the applicants, pointed out this is in the historic district. They would be allowed additional density and given the 2% lots, they can exp~nd about 1/3 larger. They could apply for this expansion whether it is in one'ownership or not. All in favor, motion carried. ORDINANCE ~46, SERIES OF 1977 - Salary City Manager Mahoney told Council that his office with COG developed this salary schedule. Mahoney said it was the sense of the staff that Council wanted a framework developed so 0rd.46,1977 there would be a more definitive policy. Councilman Van Ness asked how much of an increase Salaries this represented. Mahoney said ~his was reflected in the 1978 budget, and the increases are mostly in the lower salary scales. Councilwoman Johnston pointed out that sick time was available at one day a month, and objected to it being accumulated and being paid a~ 3 to 1. Councilwoman Johnston said she thought this was totally unnecessary. Personnel Director Patsy Malohe pointed out that this was an employee benefit and has been for years. Two years ago longevity was eliminated. This sick pay is an incentive for employees to be here. Finance Director Butterbaugh pointed out that this was an economic necessity as far as her department was concerned. If there was no sick pay accrual, the employees would take their sick days; this would mean finance would have to hire another person. Councilman Hershey objected to the ordinance because the job definitions are defined by person as opposed to jobs. There are several different secretaries and different~clerks listed. Ms. Butterbaugh pointed out that the department heads budgeted 1978 salaries on this ordinance, and Council approved the budget. Ms. Butterbaugh told Council she had given them the salaries and the justification for increases at budget time. Councilman Hershey said he would like it re-written more realistically, and instead of job descrip- tions, the ordinance should be more broad. Councilwoman Johnston said she felt that equality between departments~is ~mportant in municipal governments. Ms. Malone said she felt that the employees needed structure so that they know what is expected and what the salary is. pu~ IO~Uoo ~epun ST BuT~X~A~ ~T J~uoqpN xeBeu~N X~TD pe~$~ uo~suqo£ u~mO~ITOUnoo S~nNI~ 'uo~suqo£ s2~qm~mIymuno$ qSy~ '~'d 80:~ $~ ~p~o o~ 6uy~s~m sq~ P~II~m XsIpu~$S 8L6I '6 J~enu~£ ITounoD X~TD u~dsv 6uT~a~ ~Inba~ ~aID X~TD '~gqn~M