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HomeMy WebLinkAboutminutes.council.19930913Regular Meeting Aspen City Council September 13, 1993 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Reno, Richards, Paulson and Waggaman present. PROCLAMATION - Alternative Transportation Day Mayor Bennett and Council proclaimed October 6, 1993, as "Alternate Commute Day" and encouraged all citizens including staff and Council to get out of their cars and Walk, Roller Blade, Bike, Take a Bus, Ride a Horse or Car pool. CITIZEN PARTICIPATION 1. Al Dietsch, president of ACES, told Council they will be annexing into the city. ACES recently paid a development applica- tion fee of $2958. Dietsch requested this fee be waived or rebated. Councilwoman Richards suggested ACES amend their non- profit grant request by adding this $2958. Council agreed. 2. Art Younger told Council he has drawn a solution to the highway 82 problem. Councilwoman Waggaman suggested Younger come to a Monday Council lunch and present this plan. The plan should also be forwarded to CDOT. 3. Mickey Herron requested Council add a transfer of a liquor license to their agenda. Herron said there are timing problems and his clients cannot wait until the next liquor authority meeting. Councilwoman Richards moved to add the liquor license transfer for Anguilla to Chanins to the liquor license authority agenda; seconded by Councilman Paulson. All in favor, with the exception of Councilwoman Waggaman. Motion carried. COUNCILMEMBER COMMENTS 1. Councilwoman Richards moved to table Ordinance #50, 1993, 935 East Hyman Historic Designation; Comments to Governor Romer on Partnership Against Violence; Ordinance #46, 1993, Central Bank Condominiumization to September 27 and Code Amendment on Condomini- umization to October 12; seconded by Councilwoman Waggaman. All in favor, motion carried. 2. Councilwoman Richards reported she and other government officials went to Washington D.C. to meet with Senator Brown and Senator Campbell and Congressmen McGinnis and Skaggs to discuss transportation in the Roaring Fork valley; highway 82, PM 10. Councilwoman Richards said it was valuable to meet these people face to face and to talk to the transit authority about future programs. 1 Regular Meeting Aspen City Council September 13, 1993 3. Councilman Paulson suggested police personnel be stationed at Maroon Creek intersection in the early morning when kids are going to school. The timing of the light may be better facilitated with an officer manually changing the lights. Tom Stephenson, police chief, said the police department has been working the lights at this intersection in the afternoons. There may be a way to change the lights to facilitate turns onto Maroon Creek road. Councilwom- an Richards said one concern is how many students are on bus routes but are driven to school daily. Amy Margerum, city manager, said she will follow this up with the school district and with the police department. 4. Councilman Paulson said environmental groups are sponsor ing a walkabout Burnt Mountain September 18th at 9 a.m. Interested persons should park in the Snowmass lot and car pool up Wood Run. 5. Amy Margerum, city manager, reminded Council there is a work session September 20 at 6 p.m. on the Red Brick School. The Boards and Commission interviews will be rescheduled to 5 p.m. Ms. Margerum said the County Commissioners have requested a joint work session on annexation and water policies and requested this be September 28th from 3 to 4 p.m. Council could start the asset management study session at 4 p.m. Council agreed. 6. Amy Margerum, city manager, said RFTA would like a work session prior to the budget to talk about direction and goals so these can be incorporated into RFTA's budget. Council scheduled this for September 29th at 5 p.m. 7. Amy Margerum, city manager, told Council staff started a sales tax audit six months ago. Staff will report on the results at the next Council meeting. 8. Bill Efting, assistant city manager, told Council the Independence Pass group has requested a letter of support on their ISTEA application. Efting said he will draft this letter for the Mayor's signature with Council's concurrence. Council agreed. 9. Amy Margerum, city manager, acknowledged Rich Coloumbe for receiving his certificate as a golf course superintendent. 10. Amy Margerum, city manager, told Council Governor Romer has already made decisions on Partners Against Violence. Tom Dales- sandri, assistant police chief, told Council the legislature approved 10 new bills which were signed by the Governor today. These address crack down on handguns for juveniles, increased funding for law enforcement, detention for juveniles with handguns. This legislation mostly affects the front range. 2 Regular Meeting Aspen City Council September 13, 1993 11. Amy Margerum, city manager, asked Coun cil if they are interested in receiving a report from staff on the pros and cons of a separate liquor license authority. Council agreed to look at the pros and cons. 12. Amy Margerum, city manager, pointed out there is a request for a $1,000 grant from Grassroots/Aspen in the packet. This money is to send Aspen kids to Los Angeles to follow up on kids who came to Aspen for Grassroots experience. Councilman Reno said he does not support this request because it should be with all the other budget requests. Councilwoman Richards moved to support the $1,000 grant request from Grassroots to come out of Council contingency funds; seconded by Councilman Paulson. All in favor, with the exception of Councilman Reno. Motion carried. CONSENT AGENDA Councilwoman Richards abstained from the consent calendar. Councilman Reno moved to approve the consent calendar; seconded by Councilwoman Waggaman. The consent calendar is: A . Minutes - July 26; Aug ust 9, 10, 23 B . Request For Funds - Kraut Affordable Housing C . October Council Meeting - Change to October 12 D . Resolution #63, 1993 - Contract Grand Junction Pipe - Ir rigation System for Golf Course All in favor, motion carried. LIQUOR AUTHORITY BUSINESS - Change of Location Steak Pit City Clerk Kathryn Koch told the authority that the Steak Pit, currently located at 719 E. Cooper, requests to move to 305 E. Hopkins, the new Katie Reed building. The liquor license will not be released until the certificate of occupancy is given. Chairman John Bennett opened the public hearing. Peter Guy, applicant, told Council the Steak Pit has been in business for over 30 years. Councilwoman Richards asked how important a liquor license is to a restaurant in Aspen. Guy said his business is 75 percent food, 20 percent alcohol and 5 percent non-alcohol. The Steak Pit is run as a restaurant but could not be run as a restaurant without a liquor license. Bennett closed the public hearing. Augie Reno moved to approve the transfer of location for the Steak Pit from 719 E. Cooper to 305 E. Hopkins; seconded by Rachel 3 Regular Meeting Aspen City Council September 13, 1993 Richards. All in favor, motion carried. LIQUOR AUTHORITY BUSINESS - Transfer of Ownership Mezzaluna to Lunamezza City Clerk Kathryn Koch told Council the prospective purchaser, Joseph Cosniac, is part owner of the Cantina restaurant. All persons with a financial interest have had a background check. There has been no negative information. Chairman Bennett opened the public hearing. Rachel Richards asked about the importance of a liquor license. Steve Shubert, general manager, told Council their percentages are about 75 percent food to 25 percent alcohol. A liquor license is an amenity for a restaurant in a tourist town. Bennett closed the public hearing. Augie Reno moved to approve the transfer of the liquor license held by Mezzaluna Inc. to Lunamezza Ltd d/b/a Mezzaluna; seconded by Georgeanne Waggaman. All in favor, motion carried. LIQUOR AUTHORITY BUSINESS - Transfer of Ownership Anguilla to Chanin's City Clerk Kathryn Koch told the authority Anguilla, located at 205 S. Mill Street, is being purchased by Paul and Steven Chanin. Paul Chanin has operated Pinon's since 1990. All principals have been checked by the police department. There are no negative referral comments. Augie Reno moved to approve the transfer of the liquor license from Mango's Inc. to Aspen Restaurant Associates L.P. d/b/a Chanin's; seconded by Terry Paulson. All in favor, with the exception of Georgeanne Waggaman. All in favor, motion carried. LIQUOR AUTHORITY BUSINESS John Worcester, assistant city attorney, told the authority last week the police department made two separate arrests involving drug dealing at the Downtown Sports Center. Worcester said staff will bring a request for a show cause hearing at the next Council meeting rather than wait until the October liquor authority meeting. Council agreed. ORDINANCE #47, SERIES OF 1993 - Amending Ord. 74, 1992, Char- broilers Barbara Umbreit, environmental health department, told Council "commercial" has be deleted from the definition of food service so that it is consistent with the state's definition. Another change 4 Regular Meeting Aspen City Council September 13, 1993 has been to delete language referring to alternative control devices installed between 1983 and 1993. None were installed in that time period. There is another change to allow environmental health department employees to enter into food service establish- ments to review data on fat content of meat. The fourth change allows any food service establishment to use an outdoor charbroiler for a maximum of 4 days between April 1 and October 1. Ms. Umbreit told Council these changes were discussed with the Clean Air Board. The Board requested language stating staff is to inform them at regular meetings of any variances granted in the prior 4 weeks as well as pending variances. Ms. Umbreit said staff feels there will be few variances and they intend to communicate these with the CAAB. Ms. Umbreit said staff would rather add this language to the policy rather than the ordinance. Mayor Bennett opened the public hearing. Bill Dinsmoor, representing the restaurant association, said these variances are only for April through October. Dinsmoor said there might be days in the winter time, like A Taste of Aspen, when variances for grills might be needed. Dinsmoor told Council the restaurant association worked with staff and the meat vendors to make sure their meats qualify for the standards. It will be easier to have the suppliers test the meat than have 60 or 70 restaurants test the meat. John Worcester, assistant city attorney, pointed out the city has a PM 10 problem in the winter, which is why the grilling is only allowed in the summer months. Mayor Bennett closed the public hearing. Councilman Paulson said there is a brown haze over the valley. People are breathing this and it is not healthy. Councilman Paulson said Aspen should be containing these things now not when it is critical. Councilwoman Waggaman said she opposes grill variances in the winter. Council agreed staff would communicate with the Clean Air Board on a regular basis and not add this to the ordinance. Councilwoman Richards moved to adopt Ordinance #47, Series of 1993, on second reading; seconded by Councilman Reno. Roll call vote; Councilmembers Reno, yes; Richards, yes; Paulson, no; Waggaman, yes; Mayor Bennett, yes. Motion carried. 1992 FINANCIAL STATEMENTS Craig Overbeck, assistant finance director, presented Gerry Alger and Dave DeZutter of Grant Thornton who did the city's 1992 audit. Gerry Alger told Council the auditors evaluate the city's control 5 Regular Meeting Aspen City Council September 13, 1993 processes, identify the different transactions. The auditors then take transactions through the system to make sure the system is working. Alger said the auditors look for any unusual trends, talk to persons responsible for trends. As a result of the investiga- tion, the auditors give an audit opinion. Alger reported the city of Aspen has been given a clean opinion, with no qualifications or exceptions. Alger said the staff does a very good job of putting the information together for the auditors. Alger pointed out the audit contains a financial history of the city over a 10 year period. Alger said the revenues in 1992 were up 7 percent; the expenditures were held to below prior year and revenues of about $600,000 were put into fund balance. Alger said all enterprise funds, with the exception of the housing fund, are making a profit. The cash flow for the housing fund is adequate. Alger said the city's budget process works well. ORDINANCE #49, SERIES OF 1993 - Kastelic PUD/Subdivision Councilman Reno moved to read Ordinance #49, Series of 1993; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #49 (Series of 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVI- SION, PUD AND VESTED RIGHTS FOR THE KASTELIC PROPERTY LOCATED AT 570 RIVERSIDE AVENUE, ASPEN, COLORADO, was read by the city clerk Leslie Lamont, planning office, told Council P & Z recommended this be a consolidated two-step process with one review at P & Z and Council each. There are no significant impacts from this PUD review and all issues can be covered in a two-step review. Ms. Lamont said this parcel is just over 74,000 square feet with two existing homes on the property. This subdivision will correct a non-conforming use for the R-15 zone. A PUD overlay allows an applicant to request variances. In this case the applicants are requesting a rear yard setback variance for lot 1. This will be rectified at time of redevelopment of the property. Ms. Lamont pointed out at the time of redevelopment, any owner may seek a PUD review to request variances. Ms. Lamont said the applicant had indicated building envelopes for lots 1 and 2. Ms. Lamont said staff requested the proposed building envelopes be overlaid showing critical features of the property, which are significant trees. Staff requested prior to second reading, the applicant provide a building envelope which will exclude the trees and would be willing to look at PUD 6 Regular Meeting Aspen City Council September 13, 1993 variances to accommodate this shift. The applicants are dedicating a fisher man's easement as part of the subdivision. Mayor Bennett asked if the applicants are taking into consideration the location of the eventual trail. Ms. Lamont said the trail easement is not a concern in this subdivision. Jed Caswall, city attorney, said this is nothing more than a lot split and Council should consider it strictly on the merits of that. Councilwoman Waggaman asked if the building envelopes stay as proposed, is there room for a trail. Ms. Lamont said there is. Councilwoman Richards asked if this property is identified in the greenway plan for a trail connection. Caswall said it has been identified for years as a trail location. Caswall said if there was a change in value of the property, it was done a long time ago when the city identified this as a trail location. Councilwoman Waggaman said if the planning office is requiring a change in building envelope to avoid trees, the trail could be considered at the same time. Lennie Oates, representing the applicant, told Council the applicants are not interested in accommodating a trail. Oates said there is no plan for redevelop- ment of the property. The applicants intend to keep the existing houses and to use them. Caswall explained this application is before Council because of a probate action. The applicants are seeking a division of this asset. The city was notified by the attorney and the city intervened because of their subdivision regulations. Glenn Horn told Council any redevelopment of the property has to go to P & Z for stream margin review. One of the criteria of stream margin review is that development has to be consistent with the Roaring Fork Greenway Plan. The concept of a trail on this property originated with the Greenway Plan. Councilwoman Richards moved to adopt Ordinance #49, Series of 1993, on first reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #48, SERIES OF 1993 - Ute Park AH Subdivision GMQS Exemption Amendment Councilwoman Richards moved to read Ordinance #48, Series of 1993; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #48 (Series of 1993) AN ORDINANCE OF THE CITY OF ASPEN GRANTING AMENDMENT TO 7 Regular Meeting Aspen City Council September 13, 1993 THE 1992 GMQS EXEMPTION APPROVAL FOR AFFORDABLE HOUSING FOR THE UTE PARK AH (AFFORDABLE HOUSING) SUBDIVISION/PUD TO CHANGE DEED RESTRICTIONS ON THREE UNITS was read by the city clerk Kim Johnson, planning office, told Council staff and P & Z recommend approval of an amendment to the original Ute Park subdivision for affordable housing for the housing category deed restrictions. There were originally 7 units; three category 3 and four category 4. The applicant is requesting that the three category 3 units be upgraded to category 4 because of financial consider ations. Tom Baker, housing director, told Council the change in categories is only a $6,000 difference. The units were targeted at the maximum category 3 price of $126,000 and the applicant would like to move them to $135,000. Baker said there were unforeseen costs in this development. Baker said the spirit of the first AH zone to come through the system is in tact. Martin could get a larger increase by moving the four category 4 units to the maximum price but chose not to. Councilwoman Richards said Council has been approached about waiving water tap fees for AH projects. Councilwoman Richards said she is willing to look at the AH zone and see what inducements the city could come up with other than tap fee waivers, and would these come out in the employee's interest or the developer's interest. Baker said there are process things that can be done. The tap fee waivers are more complicated; this impacts the water department budget. Staff can streamline the AH process. Gary Gleason, purchaser of Ute Townhome project, requested Council waive the water tap fee rather than increasing the category 3 unit sales prices. The reduction of the tap fees could be spread across all purchasers. Gleason said this was the first AH project and did have some difficulty getting through the process, which raised the prices. Gleason suggested for the future the water tap fees could be waived 100 percent category 1; 75 percent category 2; 50 percent category 3 and 25 percent category 4. Gleason said the water tap fees for these 7 units are $48,000. Councilwoman Richards said tap fees for 100 percent affordable housing are waived. The difficulty is working with private/public ownership and what is an acceptable profit margin for the develop- ers. Councilwoman Richards reiterated she is interested in coming forward with other incentives in AH projects. Jed Caswall, city attorney, pointed out there is no provision in the code for Council to waive the tap fees. Councilwoman Waggaman said most of the growth in the Aspen Area Community Plan will be AH-type housing. 8 Regular Meeting Aspen City Council September 13, 1993 If Council waives the water tap fees for all AH projects, this will affect the water department budget. Councilman Reno moved to adopt Ordinance #48, Series of 1993, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Reno, yes; Paulson, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to adjourn at 7:40 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Kathryn S. Koch, City Clerk 9 Regular Meeting Aspen City Council September 13, 1993 PROCLAMATION - Alternative Transportation Day 1 .................. CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT AGENDA 3 ................................ ................. LIQUOR AUTHORITY BUSINESS - Change of Location Steak Pit 3 ....... LIQUOR AUTHORITY BUSINESS - Transfer of Ownership Mezzaluna to Lunamezza 4 ................................ ................. LIQUOR AUTHORITY BUSINESS - Transfer of Ownership Anguilla to Chanin's 4 ................................ .................. LIQUOR AUTHORITY BUSINESS 4 ................................ ..... ORDINANCE #47, SERIES OF 1993 - Amending Ord. 74, 1992, Char- broilers 4 ................................ .................. 1992 FINANCIAL STATEMENTS 5 ................................ ...... ORDINANCE #49, SERIES OF 1993 - Kastelic PUD/Subdivision 6 ....... ORDINANCE #48, SERIES OF 1993 - Ute Park AH Subdivision GMQS Exemption Amendment 7 ................................ ....... 10