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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 1 Aspen City Council Continued Me ti~g Mav 19 198-6 l 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, _ ~~~~- Kathryn S Roch, City Clerk 2