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HomeMy WebLinkAboutminutes.council.19920727Regular Meeting Aspen City Council July 27, 1992 Mayor Bennett called the meeting to order at 4:05 p.m. with Councilmembers Richards, Peters, Pendleton and Reno present. Councilman Peters moved to go into executive session for the purposes of discussing pending litigation; seconded by Councilwoman Richards. All in favor, motion carried. Council went into executive session at 4:07 p.m. Councilwoman Pendleton moved to come out of executive session at 5:00 p.m.; seconded by Councilman Reno. All in favor, motion carried. Mayor Bennett called the regular meeting to order at 5:10 p.m. in the Pitkin County District Courtroom with Councilmembers Reno, Richards, Pendleton and Peters present. PROCLAMATION - Earth Voices Mayor Bennett and Council welcomed the Earth Voices festival and recognized its stimulating contribution to the cultural and intellectual spirit that forms the heart of the Aspen Idea. Mayor Bennett said the week of July 27th will start with an exciting evening of Indonesian dance, followed by a report from Rio. PROCLAMATION - Endorsing the Red Brick School Mayor Bennett and Council recognizes the significant contribution that the Red Brick Center can makes to the future of the community and endorses the purchase and renovation of the building for arts and recreation uses. Council requested this be forwarded to the Arts Council. CITIZEN PARTICIPATION 1. Rick Neiley, representing Valley High Apartment, told Council he has received complaints from the building department on the condition of the building. Neiley told Council there is an application in the planning office seeking an extension of vested rights of the application approved June 1991. Neiley told Council the applicant is willing to commit a substan tial amount to renovate the property if they receive this exten sion. Councilman Peters requested along with the extension that the applicants submit a timetable for the improvements so the Council can quantify the request for an extension. Neiley said they are prepared to sign contract with local contractors to have the work done this fall. 2. Fred Smith, 601 S. Monarch, said when his building on the west side of Monarch was built in 1976, they provided a sidewalk. The Caribou and Mountain Shadow all provided a sidewalk. Smith said 1 Regular Meeting Aspen City Council July 27, 1992 there are two newer buildings that have not provided sidewalks. Smith said the building code requires sidewalks; however, he has been told the building department does not enforce this. The community is trying to become a pedestrian oriented city but is not building new sidewalks. Smith presented Council with pictures of this situation. Smith said another issue is the utilities for the Ritz, which have been placed out onto Monarch. These are actually on city right-of- way. Smith said these should be below ground. Council requested staff research both of these items and report back to Council. Amy Margerum, city manager, pointed out the city requires sidewalks with new subdivisions. Councilman Reno said a couple of years ago the then-Council was not encouraging sidewalks in the west end and this message might have carried over to staff. Ms. Margerum said she would report back to Council. 3. Ann Murchison, Fifth Avenue condominiums, reminded Council in 1987 the city passed Ordinance #41 forming a street improvement district. The city offered 50 percent of the cost of doing the work. There is now a situation where the city is paying 100 percent. Ms. Murchison said it is not fair to the taxpayers to have the city paying 50 percent of this type of work in other areas of town. There was definitely a safety issue on Galena street and in the area on the south side of town. 4. Lee Miller, condominium manager on the south end of town, told Council this area lobbied for 13 years to get city assistance to pave the area and take care of this part of the sidewalks, curb gutter, etc. Miller appealed to Council's sense of fairness that the residents of the Smuggler area either pay 50 percent of their improvements or the city refund the Galena street residents $294,000. Miller told Council there has been a change in the management of the Ritz construction. The current managers have not been respectful of the neighbors. Miller told Council there is an agreement between the Ritz and the neighbors that they would improve their streets to the same level which the upper portion of Mill and Galena streets were done. Miller said he hopes this agreement is met. Amy Margerum, city manager, pointed out this Council has placed a much higher priority on sidewalks. The Neighborhood Advisory Committee has been working on the pedestrian aspects of the entire town. Ms. Margerum reminded Council in the Ute Avenue improvement district the city paid 0 percent. Councilman Peters said there is a lack of continuity. The east end of town has accepted more than it's fair share of density, and this sidewalk is sort of a trade 2 Regular Meeting Aspen City Council July 27, 1992 off. Councilwoman Richards said the area on the south side of town is almost entirely short term rental accommodations and these improvements accrued to the benefit of the rentability and value of the condominiums. Mayor Bennett agreed there has been a change in philosophy and this Council is doing everything they can to get people out of their vehicles. 6. Anne Murchison said RFTA has closed off the public parking in Rubey park this summer for the first time. Ms. Murchison said she thought there was an agreement this parking would be available for the public in the summer. Bill Efting, assistant city manager, told Council staff will evaluate how much this parking is used. RFTA is requesting to use this in the summer. Dan Blankenship, RFTA, said the original agreement was that 12 parking spaces will be available. Blankenship said RFTA is staging the Maroon Bells bus out of Rubey park and will need that space to accommodate the buses. Blankenship said RFTA and Council need to decide whether to accommodate people who want to drive to town or mass transit. COUNCILMEMBER COMMENTS 1. Councilman Peters moved to add the grant request for the Early Learning Center to the agenda as (c); seconded by Councilwoman Richards. All in favor, motion carried. 2. Councilman Peters suggested sending a letter of commendation to the CDOT for undertaking the destination study and outlining how the city feels this is a constructive step. 3. Councilman Reno said there seems to be a thread that the intent of what is approved and what gets in the final documents is not always the same. Councilman Reno requested staff make it as thorough as possible as these issues seem to keep coming back. 4. Amy Margerum, city manager, asked if Council is interested in getting the residents to sharing costs on the Smuggler sidewalks. Councilman Peters said he would rather proceed and not become involved in an improvement district. Councilwoman Richards agreed. Councilwoman Pendleton said she does not see this as an improvement district but a city improvement. This is a high volume traffic area, not just residents. 5. Amy Margerum, city manager, told Council the Moore pool should be tabled to the next meeting for time to get additional material. Councilman Peters moved to table Moore Pool request for funds to August 10, 1992; seconded by Councilman Peters. All in favor, motion carried. 3 Regular Meeting Aspen City Council July 27, 1992 6. Amy Margerum, city manager, noted the Aspen Area Community Plan oversight meeting is Thursday July 30th at 4 p.m. as the Aspen Square conference room. The primary issue will be transportation. 7. Amy Margerum, city manager, requested a study session September 8 on the asset management plan. Council agreed. 8. Amy Margerum, city manager, announced the next CAST meeting is in Winter Park August 13 and 14. The primary issues will be the school tax proposed by Governor Romer. Ms. Margerum told Council she has contacted Tom Farrell to discuss this tax with him. CONSENT AGENDA Councilman Peters requested Resolution #38, 1992, Supporting Pitkin County Ballot issue #2 be removed and placed on the action agenda item (b). Councilman Peters moved to approve the consent calendar as amended; seconded by Councilwoman Pendleton. The consent calendar is A . Resolution #37, 1992 - RFTA Service Agreement B . Approval of Construction Loan for West Hopkins Project C . Mayor's Deed - Sally Fleming Trust All in favor, motion carried. LIQUOR LICENSE AUTHORITY BUSINESS - Eagle's Club Councilman Peters moved to approve the Special Event Permit for the Eagle's Club; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #27, SERIES OF 1992 - Kraut Rezoning Leslie Lamont, planning office, told Council this is a proposal to rezone 15,000 square foot parcel from office to affordable housing (AH). This is rezoning only and the site specific review will follow by staff, P & Z and Council. Ms. Lamont said there have been many meetings with P & Z and Council. On March 5 staff held a neighborhood meeting, at which the process was discussed. Staff also listened to suggestions and concerns. Notes from that meeting are in Council's packet. On March 17 P & Z recommended approval of rezoning of this parcel to AH. This is consistent with the goals for scattered site affordable housing, within walking distance of downtown. There is a recommendation of multiple use for the property, which is consistent with the comprehensive plan. This property is currently zoned office and is a parking lot. Ms. Lamont showed Council a map of the surrounding land and uses. 4 Regular Meeting Aspen City Council July 27, 1992 Ms. Lamont reminded Council the current AH zone only allows residential uses. An applicant has the ability to provide 30 percent of the units as free market. Staff is working on a code amendment for the AH district to allow a commercial in certain areas. This commercial element could take advantage of the GMQS exemption. Mayor Bennett opened the public hearing. Adam Walton asked how Council can consider rezoning without a definite proposal or application. Jed Caswall, city attorney, told Council his office has received a letter regarding the city's hearing procedure and that all testimony should be given under oath. City Clerk Kathryn Koch swore in W. R. Walton, 635 East Hopkins, Tom Baker and Dave Tolen of the housing office. Tom Baker said the Council passed a sales tax as a revenue source for the acquisition of property for affordable housing. This was one of the initial parcels purchased for affordable housing. Baker said the uses staff is currently looking at for this property would be allowed under office zoning. This is not a land use issue but an employee housing issue. Baker said staff feels is would be appropriate to rezone this prior to a specific proposal. Walton said the allowable height is greater in the AH zone. Ms. Lamont answered the allowable height in the office zone is 25 feet and in AH it is 30 feet by special review. Walton said he feel this is an inside job. Mayor Bennett said this process has been very public. Walton said a lot of the public are disenchanted with it. Mayor Bennett said this has been talked about for 2 years and the criticism the Council has heard is that the city is dragging their feet. Dave Tolen, housing office, pointed out the city has a complete application for rezoning with a site development plan. In response to this application the housing office was asked to provide more flexibility of offering commercial space and parking. Bob Nevens, sworn in by the city clerk, told Council he was a former planner on this project. Nevens told Council staff felt by splitting this into rezoning and development, it would allow the public more opportunity to participate. If people were not pleased with the outcome of rezoning, it would allow them another opportu- nity to speak to Council on the site specific plan. Jody Edwards, sworn in by the city clerk, represents the 700 East Hyman Avenue homeowners. Edwards requested letters from the homeowners and his letters of May 5 and 6 be entered into the 5 Regular Meeting Aspen City Council July 27, 1992 record. Edwards said the 700 East Hyman homeowners have valid objections about traffic, parking and noise. Edwards said he does not see the need for urgency; there are no detailed plans. Edwards said private individuals usually have to bring a development plan with rezoning applications. Edwards pointed out the only differ- ences in AH zone and office zone are the potential to increase the height to 30 feet by special review and a decrease in the parking requirement. Edwards said he has not heard any comments that there is enough parking in this area but has heard there is a severe parking problem in the neighborhood. Edwards said there is no need for a decrease in parking. Edwards said one criteria for rezoning is changed conditions to support that rezoning. Edwards said the only changed condition is the decrease of affordable housing in this neighborhood. This alone would not support a rezoning where the only significant differences under the plan are increase in height and decrease in parking. The same amount of affordable housing units would be allowed in either AH or office zones. Edwards requested Council deny the rezoning. Ms. Lamont said in the general parking standards, Section 5-301, all parking for all affordable housing whether the parcel is zoned AH or not, is set by special review. Zoning a parcel AH does not give any advantage on parking. Tolen reiterated the housing office has slowed this process down by separating the rezoning and development plan in order to give people more opportunity to comment. Caswall told Council there are judicial decisions that hold in order to justify a change in zoning there must be some evidence in the record of a change in circumstances regarding the property or the surrounding area to warrant that change. Adjoining property owners have an interest in the surrounding zoning and a right to rely on that zoning. Caswall said there is information in the packet that would lend support to changes in circumstances. This is for Council to weigh; Council can also direct staff to present more evidence. Councilwoman Richards said when Council looks at neighborhood in liquor license hearings, it is the entire city. Is there is definition of neighborhood for zoning changes. Caswall said Council has the discretion to define the neighborhood as they see fit. Councilwoman Richards said there are distinct changes occurring, specifically in terms of the Aspen Area Comp Plan recommendations as to the eventual build out and eventual character of the city should be like, which is for a dispersed community housing throughout the city. Caswall said all evidence should be entered into the record so that people can see it and contest it if 6 Regular Meeting Aspen City Council July 27, 1992 they want to. Councilwoman Pendleton said the city bought this property two years ago for affordable housing. There have been a lot of discussions about it. Councilwoman Pendleton said there have been pressures on Council to take care of housing, parking, and essential services and small businesses in town and that this is an ideal property. Councilwoman Pendleton said Council has been very obvious about their intentions. Councilwoman Pendleton said she would like more concrete evidence why not to approve this rather than "I don't want it". Councilman Peters said Edwards raised objections, two of which had to do with whether there is a detailed enough submission before Council. Councilman Peters said there is a public process for this. Another objection had to do with whether there are changed conditions. Councilman Peters said there has been a displacement of locals in Aspen, a number of demolitions and an increase in the need for affordable housing. This is the genesis for public policy - the affordable housing zone district. Councilman Peters said if he approves the rezoning, it will not be because it is owned by the city but because this is an appropriate use. Councilman Peters said the evidence is pointing in this direction. Councilman Peters noted a good reason to rezone this to affordable housing is that it sets in motion the development for this specific use and begins to exclude other uses. Councilman Peters said given the conditions in Aspen, this is an appropriate use. Councilman Peters said a strength of affordable housing zone is that it protects the use for the purposes for which public monies was expended beyond covenants and deed restrictions. Councilman Peters pointed out that the development of affordable housing contemplated dispersed housing which allowed for parameters of appropriate density and appropriate square footage on appropri- ately dispersed parcels. There was a lot of discussion and public input on affordable housing zone districts. Councilman Peters said the city is attempting to steer an appropriate AH parcel through the process. Councilman Peters said the impacts of this will be discussed at length during the development process. Councilman Reno asked if the Council can rezone property without a site specific application. Ms. Lamont said the Code does not require a site specific plan to accompany a rezoning application. Ms. Lamont pointed out the uses in AH zone are so narrow staff has allowed rezoning to AH without a development application. This was done on West Hopkins and Ute Avenue. Councilman Reno said if either AH or office would allow this project, why not come up with the specifics so that the real issues can be out on the table. Mayor Bennett said when this was discussed earlier, it was felt it 7 Regular Meeting Aspen City Council July 27, 1992 would not hurt to go forward with the AH zoning because Council knows it will be used for affordable housing. The city bought the parcel for that reason; Pitkin county invested money for affordable housing, this was purchased with affordable housing dollars. Mayor Bennett said he has no problem taking this one step at a time, rezoning then the project. Councilman Reno said the comments he is hearing from the public is what does this project really look like, what are the impacts on density and congestion. Councilwoman Richards reminded Council the housing authority did bring proposals to Council, which Council sent back based on the possibility of incorporating some commercial or some underground parking. Councilwoman Pendleton said she supports this rezoning and feels there is evidence to support this rezoning. Caswall said there may be a problem with notice. Mayor Bennett said it may also be prudent to request staff give Council more information about the changing conditions. Councilwoman Richards requested for the next meeting documentation on the commuter work force situation, the change in demographics in the resident work force, the percentage of the work force coming from outside the city limits, and any pertinent section of the Comp Plan draft. Council agreed with that request. Councilman Reno said if the Council is contemplating amending the AH zone district to allow certain other uses, can Council rezone a property without knowing all these uses. Caswall said there is nothing that requires Council to put off the rezoning prior to amending the AH zone district. Councilman Reno asked when the AH amendments are scheduled. Ms. Lamont said these are scheduled for the next Council meeting. Mickey Spaulding, Coates Reid and Waldron and manager of the Aspen Athletic Club building, was given the oath by the City Clerk. Spaulding said he continues to be opposed to the rezoning. Spaulding said he is not opposed to employee housing. Spaulding said his fear is that without a plan for this property, Council will try and meet a lot of needs the city has and will pile too much on that site without adequately considering the impacts that 24 to 30 more one-bedroom units, 5500 square feet commercial space, plus parking will add. Spaulding said he would like to see a plan that addresses the concerns that have been repeatedly brought up by citizens. Mayor Bennett said the city has addressed the arguments in the packet about the residential and parking impact. Mayor Bennett said these are significant issues but there are also significant answers. Councilman Peters said the city should get the evidence, finish the process and see where this ends up. If this is going to be subject to a legal challenge, everyone has the right to get this underway. 8 Regular Meeting Aspen City Council July 27, 1992 Councilman Peters said he would like to see this developed as employee housing; if that is not possible, then it should be sold so the city can move on. Councilman Peters moved to continue the discussion on Ordinance #27, Series of 1992, to the regularly scheduled Council meeting; seconded by Councilwoman Richards. Councilman Reno said Council owes it to the citizens to let them know what will be done with the AH zone. Taylor Gamblin, 25 year resident, CCLC member and working on the Comprehensive plan, said he would love to see downtown Aspen return to the way it used to be. Gamblin said the Kraut property is a wonderful opportunity to set an example for the rest of the town with commercial, parking and affordable housing. All in favor, motion carried. RFTA SUPPLEMENTAL APPROPRIATION TO 1992 BUDGET Dan Blankenship, general manager of RFTA, said the operating budget has been increased by $95,840 to accommodate worker's compensation increase. This increase was unexpected during the budget prepara- tion. There is also a decrease in the debt service. A bus totalled in an accident has not been replaced because the replace- ment cost was higher than the amount of compensation from the insurance company. Councilman Peters moved to approve the supplemental appropriation and budget resolution for RFTA; seconded by Councilwoman Pendleton. All in favor, motion carried. REQUEST FOR FUNDS - Aspen Rugby Football Club Mike Brungardt, Chairman of the board, requested a $1400 donation to the Rugby Club. Brungardt told Council for the first time in 25 years the Rugby Club has qualified to advance to the national playoffs. Since this was not known, the Rugby Club has not budgeted for this. The total cost of sending 11 players and one coach to Dallas is $2800 and the Rugby Club is asking for half that. The players will be paying for their own meals and personal expenses. The club is raising money to offset these expenses. Councilman Peters said the painful cuts of last year's budget have not left him so he will not support this request. Councilman Peters said this should be funded from the businesses in town; the contingency fund is not for road trips. Mayor Bennett said this is a first in 25 years, and Council does fund unusual one-time only requests. Councilwoman Pendleton said she would like to support 9 Regular Meeting Aspen City Council July 27, 1992 this and suggested the Rugby team also ask the County Commissioners for funding. Councilwoman Richards agreed and said the Rugby Team has been constantly supportive of a lot of community causes. Councilwoman Richards moved to fund $1000 out of contingency for the Aspen Rugby Football Club; seconded by Councilman Reno. All in favor, with the exception of Councilman Peters. Motion carried. RESOLUTION #38, SERIES OF 1992 - Supporting Pitkin County Ballot Question #2 Councilman Peters said he does not have a problem with the purchase of buses but does have a problem pledging the city's share of the 1 percent sales tax for a county bond issue. Councilman Peters asked if this pledge is done automatically and does the pledge supersede the right of a citizen's committee to reverse that. Tom Oken, Pitkin County, explained that the city, by ordinance, rescinded their transportation sales tax penny and the county levied a county-wide sales tax penny. The county, from the proceeds of its sales tax, agreed to pay all the debt service on existing debts, rebate the city for mall maintenance and fund the food sales Oken said there is no mechanism to pledge the city sales tax as the city's sales tax no longer exists. The county is pledging its sales tax on behalf of RFTA. Councilman Peters asked if there should be some part of the agreement that recognizes what happens if the city/county intergov- ernmental agreement for RFTA falls apart. Oken said the IGA states in the event of a dissolution of RFTA, the city and county will negotiate a splitting of assets and liabilities. The county cannot unilaterally disband RFTA without a voter approval to rescind the county wide sales tax and to disband RFTA. Oken said there may be something in the ordinance that rescinded the city's transportation tax about reinstating it. Jed Caswall, city attorney, told Council the ordinance did not rescind the city's sales tax. This is still on the books. The city is just not collecting the tax. In consideration for not collecting this, the county has promised to refund to the city on an annual basis, so much of the county tax collected in Aspen to repay the refunding bonds, fund the food tax rebate program, pay for the maintenance of the malls, and pay off other debt associated with the city's then-existing transportation system. Councilman Peters asked if this question is incurring debt against the city sales tax without a vote of the electorate. Caswall answered no. Oken said after the obligations to the city, RFTA receives $2.7 million annually in sales tax. This debt obligation needs $108,000 annually. This does not create an obligation for 10 Regular Meeting Aspen City Council July 27, 1992 the city as the city is not involved in this debt. Mayor Bennett asked why this bond question is being done before the transportation plan is complete. The transportation plan may not even call for buses. Blankenship said he has sat in on the transportation discussions and every recommendation indicates a tremendous demand for bus service. Blankenship said RFTA will submit a federal grant for 15 buses; if they get this grant they will have $2 million more to put back into the budget. Councilman Peters said RFTA is going in the direction they were sent during the skier's shuttle discussions. Mayor Bennett said a fixed skyway system to Snowmass is being discussed, which could make buses redundant or free them up for other routes. Mayor Bennett said there are also community plans that will not call for these type of buses. Mayor Bennett pointed out the majority of the money is generated in the city and this purchase will not be used generally by city residents. Blankenship told Council 74 percent of RFTA's operating costs are attributable to personnel. The more operators pulling vehicles, the greater the costs. Amy Margerum, city manager, asked what other improvements will be part of this bond issue. Blankenship said the other items are senior van, sewer hook up, and Rubey Park improvements; the buses are 80 percent of the bond. Councilman Peters moved to approve Resolution #38, Series of 1992; seconded by Councilwoman Pendleton. Councilman Reno said his firm has done work on Rubey park and may do work on it in the future. Councilman Reno stepped down due to a conflict of interest. Mayor Bennett said he will vote for this because the money will not be spent until November by which time the transportation plan will be finished. All in favor, motion carried; Councilman Reno abstained. Motion carried. CHILD CARE TRUST FUND Councilman Peters pointed out Jed Caswall, city attorney, has done an analysis of a trust that is completely insulated from the decision making of Council and also analyzed setting up a special fund within the city. Councilman Peters said he was looking for something in the middle with Council having some input on rules and how the money is spent. Councilman Peters said he is interested in 11 Regular Meeting Aspen City Council July 27, 1992 a trust with some flexibility on how the money is invested. This could be a committee with Council representation and rules and by- laws. Councilwoman Pendleton said she likes the "pour over" special fund. Caswall said there are lesser gradations than a full trust. Caswall said he thought the primary intent of a trust was to insulate it from "raiding" in the future. Councilman Peters said he likes something more flexible and is looking for the right mechanism. Mayor Bennett asked if a pour over fund would have the ability to invest in exotic instruments, like a mortgage fund. Caswall suggested Council define a category of investments. Councilman Peters said the city's investment policy is very conservative. He would rather see this fund get double duty and be more flexible. Council agreed they would like to see some written suggestions on this. Councilwoman Richards said she does not feel the sole criteria for investment should be return on dollars but may be a community pay off. EARLY LEARNING CENTER GRANT Cindy Wilson, assistant city manager, told Council the Early Learning Center requests further funding. Ms. Wilson reminded Council the original request was $80,000, and the committee recommended funding $40,000 with specific guidelines of what the ELC should do. Ms. Wilson told Council the committee recommends granting another $40,000 and continuing to work with the ELC. Ms. Wilson told Council one of the highest priorities is for the ELC to continue to negotiate to lease all the space in the building. There are 2 potential child care tenants, which the committee feels should be given priority. Ms. Wilson said granting this request to the ELC will give them more time to sort out their issues. Ms. Wilson said the child care committee will get a child care report from the ELC in November. At that time what will happen for the next year will be considered. There are a lot of concerns about the long term impacts. The ELC has told the committee they are taking a number of steps to reduce their deficit. The savings may be in the $30,000 range. Marty Ames, child care committee, said in setting up a child care trust there is recognition that there are pieces of child care in the community that may require an on-going subsidy such as infant care, extended hours, years round work force. Ms. Ames said the committee is working with the ELC to make sure they are pursuing every avenue they can. Councilman Peters told Council the ELC board continues to wrestle 12 Regular Meeting Aspen City Council July 27, 1992 with the problem of building management. There is no one to hand the building off to so that the ELC can become a tenant. Council- man Peters said the ELC board has been staggered by the numbers necessary to subsidize this service. Councilman Peters said the director is trying to work on programs for the children, rather than building management. Councilman Reno asked about property maintenance assistance. Councilman Peters said they have been evaluating one proposal; however, it looks expensive. The ELC Board is going to approach the school district to see if they can contract for maintenance. Mayor Bennett said he supports this given the progress that is being made. There may be more progress by November 1st. Councilwoman Pendleton moved to approve the $40,000 grant to the Early Learning Center from the housing/day care fund; seconded by Councilman Peters. Councilwoman Richards said that is what that funding source is for. All in favor, motion carried. ORDINANCE #49, SERIES OF 1992 - Required Liquor Server Training Councilwoman Pendleton moved to read Ordinance #49, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDI NANCE #49 (Series of 1992) AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 3 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO REQUIRE SEVENTY- FIVE PERCENT OF ALL EMPLOYEES OF LICENSED LIQUOR ESTAB- LISHMENTS EMPLOYED TO DISPENSE MALT, VINOUS, AND SPIRITU OUS LIQU ORS TO ATTEND A SEMINAR ON COLORADO LIQUOR AND BEER CODES EVERY EIGHTEEN MONTHS was read by the city clerk John Worcester, assistant city attorney, told Council the Code currently requires owners/managers to be certified every 3 years. This requires servers to be certified every 18 months. Councilwom- an Pendleton said she is a member of the Community Partnership, who is trying to get more responsibility into the people who are serving alcohol. With training just done by managers, it is not getting to the people who are actually serving the alcohol. Councilwoman Pendleton said she would like to see this be 100 percent of the servers. Councilwoman Pendleton said servers should be certified to work in the alcohol business. Mayor Bennett said every restaurant should have on file a copy of 13 Regular Meeting Aspen City Council July 27, 1992 their employees registration. If necessary, the city could check this once a year. Council agreed to adopt this and see how it works before changing the percentage or the amount of time before an employee has to be recertified. Councilman Peters moved to adopt Ordinance #49, Series of 1992, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, yes; Pendleton, yes; Peters, yes; Richards, yes; Mayor Bennett, yes. Motion carried. 14 Regular Meeting Aspen City Council July 27, 1992 ORDINANCE #50, SERIES OF 1992 - Liquor License Procedures Councilwoman Richards moved to read Ordinance #50, Series of 1992; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #50 (Series of 1992) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN RELATING TO THE CITY LIQUOR CODE AND DELEGATION TO THE CITY CLERK OF THE CITY OF ASPEN CERTAIN DUTIES AND RESPONSIBILITIES OF THE ASPEN LIQUOR LICENSING AUTHORITY RELATIVE TO THE ISSUANCE OF LIQUOR LICENSE RENEWALS, TEMPORARY PERMITS, CHANGING, ALTERING, OR MODIFYING LICENSED PREMISES AND SPECIAL EVENT PERMITS was read by the city clerk John Worcester, assistant city attorney, pointed out this ordinance sets standards by which the city clerk can approve certain liquor license actions. Whenever the city clerk cannot approve one of these actions, it automatically comes before the liquor license authority. The ordinance requires the city clerk to notify the authority of all actions taken pursuant to this ordinance. Councilwoman Pendleton moved to adopt Ordinance #50, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #51, SERIES OF 1992 - Amending Vending Procedures Councilwoman Pendleton moved to read Ordinance #51, Series of 1992; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #51 (Series of 1992) AN ORDINANCE AMENDING SECTION 13-61 OF CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO DELEGATE TO THE CITY MANAGER THE AUTHORITY TO APPROVE CONTRACTS WITH PERSONS DESIRING TO VEND ON PUBLIC PROPERTY AND RIGHTS-OF-WAY was read by the city clerk John Worcester, assistant city attorney, told Council this is a means of lessening the Council's work load and delegates to the city manager the authority to approve vending contracts. This also classifies what the attorney's office sees as vending. 15 Regular Meeting Aspen City Council July 27, 1992 Councilwoman Pendleton moved to adopt Ordinance #51, Series of 1992, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Reno, yes; Richards, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. BOARDS AND COMMISSION APPOINTMENTS Councilman Peters moved to reappoint Jasmine Tygre to P & Z; reappoint Remo Lavagnino to the Board of Adjustment; reappoint Fred Alderfer to the Board of Appeals, and reappoint Alan Bush and Bob Wade to Clean Air Advisory Board; seconded by Councilwoman Richards. All in favor, motion carried. Council requested the city clerk's office re-advertise for the vacancies not filled and to schedule an interview with Sally Barlow-Perez before the next regular meeting. Mayor Bennett requested that the encroachment criteria that "potential problem" be changed to "realistic potential problem". Council agreed. Councilman Peters said it is a great idea to copy the Board of Adjustment variance standards for encroachments. Councilwoman Pendleton moved to adjourn at 8:45; seconded by Councilman Peters. All in favor, motion carried. Kathryn S. Koch, City Clerk 16 Regular Meeting Aspen City Council July 27, 1992 PROCLAMATION - Earth Voices 1 ................................ .... PROCLAMATION - Endorsing the Red Brick School 1 .................. CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 3 ................................ ......... CONSENT AGENDA 4 ................................ ................. LIQUOR LICENSE AUTHORITY BUSINESS - Eagle's Club 4 ............... ORDINANCE #27, SERIES OF 1992 - Kraut Rezoning 4 ................. RFTA SUPPLEMENTAL APPROPRIATION TO 1992 BUDGET 9 ................. REQUEST FOR FUNDS - Aspen Rugby Football Club 9 .................. RESOLUTION #38, SERIES OF 1992 - Supporting Pitkin County Ballot Question #2 10 ................................ ........ CHILD CARE TRUST FUND 11 ................................ .......... EARLY LEARNING CENTER GRANT 12 ................................ .... ORDINANCE #49, SERIES OF 1992 - Required Liquor Server Training 13 ................................ .................. ORDINANCE #50, SERIES OF 1992 - Liquor License Procedures 14 ...... ORDINANCE #51, SERIES OF 1992 - Amending Vending Procedures 14 .... BOARDS AND COMMISSION APPOINTMENTS 15 ............................. 17