HomeMy WebLinkAboutminutes.council.19860519Aspen Citv Council - CoTrtinuezl--Meeting May 19. 1986
Mayor Stirling called the meeting to order at 5:10 p.m. with
Councilmembers Fallin and Collins present.
POPCORN WAGON LOCATION
Acting City Manager Mitchell told Council the planning staff have
recommended alternative locations other than the southwest corner
of Galena and Hyman. Steve Burstein, planning office, said
staff feels there are a number of obstacles at the present site.
The owners of the Popcorn Wagon do not feel the alternatives on
the mall do not work for their operation. Burstein said staff
feels using private open space for a commercial venture may set a
dangerous precedent in the commercial core. Burstein said there
are 5 reviews necessary to remain at the current location.
Burstein said the staff looked at sites on the Cooper Street
mall , across from Wagner park, across from Independence Lodge,
across from Rubey Park, and the west side of Think Toys. There
is a fire wall problem with the latter alternative. The Rubey
Park plaza site would have a conflict with the Highlands ski bus
as well as the proposed Rubey park redevelopment plans. Burstein
said he feels the location on the Cooper street mall would be the
best location, and could be reviewed by Council. The owners of
the Popcorn Wagon have problems with utility connections to that
site.
City Attorney Taddune said if the Popcorn Wagon is on public
property the Council can enter into a vendor's license. Taddune
pointed out the traditional policy of the city is to discourage
vending operations unless they contribute something to the
community. The distinction in this case is the historical nature
of the Popcorn Wagon. Taddune said if this is location on
private property, the building code, zoning code and open space
will have to be reviewed. Mayor Stirling said it seems to be
less complicated to deal with public space than private space.
Taddune said this operation is compatible with the town because
it has been in operation for years. Taddune said for private
space this could be referred to the Board of Adjustment. The
issues are GMP, expansion of FAR, use of open space, building
code requirements. Burstein said it is possible this could be a
special review by P & Z for a use in open space. Mitchell said
Council would have to amend the administrative policy on exterior
uses; P & Z would have to review it as well as HPC and CCLC.
Mayor Stirling said the Wheeler Opera House has voiced a concern
about people bringing popcorn into the Wheeler, which may not be
a valid concern. Dan Arrow, owner of the Popcorn Wagon,
apologized for moving the wagon without permission. Arrow told
Council the sites picked by the staff are possibilities; however,
they are economically unfeasible for the operators. Arrow said
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Aspen City Council Continued Me ti~g Mav 19 198-6
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the site on the Cooper Street mall may bring opposition from the
neighboring businesses. Arrow said his operation requires
plumbing, sewer, gas, electric utilities to operate at the level
they have been doing for the last 7 years. Arrow said a smaller
operation would not be what Council wants for Aspen. Arrow told
Council he is willing to go through the steps outlined in staff's
memo to be located at Galena and Hyman.
Taddune said he has not studied the ramifications of the zoning
issue if this is to be permanent structure rather than a vending
type operation. Mayor Stirling said there buildings around town
that have open space below grade that is not used. Locating the
Popcorn Wagon at Galena and Hyman would draw public into private
open space, and this may be desirable. Councilwoman Fallin said
would draw people into the west end of the mall, which is the
goal of the CCLC. Mayor Stirling agreed this would be a benefit
to businesses to the west of the mall. Taddune said in the past,
the city has been very conscientious of property designated for
open space. Mayor Stirling said the Council has set a precedent
by allowing restaurants to expand into the mall into public open
space.
Mayor Stirling moved to support the Popcorn Wagon's following the
process outlined in the planning office memorandum with the
intent of locating on private open space at Galena and Hyman;
seconded by Councilwoman Fallin.
Mayor Stirling requested a report no later than June 9 on how the
process is going. Mitchell noted that the Board of Appeals
requirement may not be necessary. Councilman Collins asked the
difference between the old location and the proposed location.
Mitchell said it was not open space. Councilman Collins said the
building at Galena and Hyman was built before the open space
requirements. Councilman Collins said the two properties are
very similar. Councilwoman Fallin said locating the Popcorn
Wagon at Galena and Hyman will clean up the area. Burstein said
if the Popcorn Wagon is located at Galena and Hyman, the area
should be paved. Mayor Stirling suggested having mall bricks in
this area.
All in favor, motion carried.
Council went into executive session at 5:35 p, m,
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Kathryn S Roch, City Clerk
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