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HomeMy WebLinkAboutminutes.council.19871214Regular Meeting Aspen City Council December 14, 1987 PROCLAMATION - Aspen Substance Awareness Program 1 PROCLAMATION - Aspen Ski Club 1 RFTA 1988 BUDGET AND APPROPRIATION RESOLUTION 4 ORDINANCE #44, SERIES OF 1987 - Underground District 7 ORDINANCE #50, SERIES OF 1987 - False Alarms 8 ORDINANCE #51, SERIES OF 1987 - Water Rates 8 ORDINANCE #55, SERIES OF 1987 - Church/Day Care Center in Office Zone as Conditional Use 10 ORDINANCE #60, SERIES OF 1987 - Appropriations 11 ORDINANCE #61, SERIES OF 1987 - Vested Rights 11 ORDINANCE #57, SERIES OF 1987 - Tow Fees 11 ORDINANCE #62, SERIES OF 1987 - 215 West Hallam Historic Designation 12 ORDINANCE #63, SERIES OF 1987 - Amendment to MEAN Contract 12 ORDINANCE #54, SERIES OF 1987 - R-6 Revisions 12 HPC GUIDELINES 14 LIQUOR LICENSE HEARING - Pinon's 15 LIQUOR LICENSE HEARING - Maestro's 16 LIQUOR LICENSE RENEWAL - Little Nell's 20 LIQUOR LICENSE TRANSFER - Andre' s 21 LIQUOR LICENSE TRANSFER - J. J. Grille 21 APPEAL OF HPC SCORE - Ama to 22 25 Regular Meeting Aspen City Council December 14, 1987 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmember Tuite, Fallin, Gassman, and Isaac present. PROCLAMATION - Aspen Substance Awareness Program Mayor Stirling read a proclamation declaring December 13 to 20 National Drunk and Drug Abuse Awareness Week and Friday, December 18 as Aspen's Red Ribbon Day. PROCLAMATION - Aspen Ski Club Mayor Stirling read a proclamation acknowledging the 50th anniversary of the Aspen Ski Club and their important contribu- tion to skiing and the community. December 1 though 6 was declared Aspen Ski Club week. CITIZENS PARTICIPATION 1. Francis Whitaker said 25 years ago he was forced to seek an injunction against the city of Carmel to protect the sand dunes, which were protected by zoning. Whitaker told Council he finds himself in the same position with the city of Aspen. Whitaker said as he walked along Homestake drive last week, there were bulldozers working on the driving range. Whitaker said he has learned this site is to be turned into a snow dump. Whitaker said this action is clearly in violation of the zoning and the Charter amendment protecting open space. Whitaker told Council he was one of the leaders in getting the sixth penny tax passed and in establishing the open space program. This is the fifth attempt by various Councils to misuse the golf course, and this will not go unchallenged. Whitaker said there have been attempts to divert the funds from the open space tax as well as to use open space for other purposes. Whitaker said he will spend all his spare time to defeat the ballot issue to allow employee housing on the Marolt property. Whitaker urged Council to abandon this proposal. 2. Terry Hale, Garmisch and Cooper resident, told Council this is adjacent to the new site f or the snow dump. Hale said the trucks and bulldozers come into that area and make a noise which is totally impossible for the residents in this area. Hale said this noise is impossible to sleep through and the tourists will not tolerate this type of intrusion. Hale said he appreciates that the streets of Aspen are dry and clean but it would be more than prudent to move this particular dump site. 3. Peter Mocklin, owner of the Fireside Lodge, told Council there is no way the lodge can stay in business located right next to a snow dump. Mocklin said R-15 zoning is very restrictive and does not say anything about a snow dump. Mocklin said he does 1 Regular Meeting Aspen City Council December 14, 1987 not know how the city can get away with this and the city should stick to the rules like everyone else. 4. Irma Prodinger, Hearthstone House, said she is very con- cerned about the snow dump, about the noise and the trucks. This is located in a residential zone, which has been downzoned to lessen the noise and the impacts. Now the city has located a snow dump in this area. 5. Sharon Tennis, 104 East Cooper, said once she is woken up by the bulldozers at 3:30 a.m., she does not get back to sleep. Ms. Tennis requested Council to do something about this snow dump. 6. Sandra, 124 East Durant representing Townhouse Central, told Council most of the residents are working people and are being awakened at 4:30 a.m. and not being able to get back to sleep. 7. Jim Howe, Timberridge, said the city has to address the air pollution and noise pollution. Howe said the snow dump operation is in excess of the city's ordinances about decibel levels and noise pollution. Howe said the city should think about visual pollution on this site. Howe questioned if a snow dump is proper use of the Koch lumber parcel. 8. Michelle Reynolds, Timberridge, said the noise and commotion goes on all through the morning. Ms. Reynolds requested Council explain to these residents why they have to live with noise from the snow operation. Councilman Isaac said Council should address this situation as soon as possible. Mayor Stirling said there was a suit threatened against the city if they continued to use the Rio Grande property. The city was forced to find other solutions. The staff is researching snow melting equipment, which won't happen until next winter. The Council is trying to use 4 different sites throughout town for this winter. Mayor Stirling said the city could use only the golf course parking lot during the holiday season. Mayor Stirling moved to meet on the snow dump solution December 15th at 4 p.m.; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Isaac. Motion carried. COUNCILMEMBER COMMENTS 1. Councilwoman Fallin brought up the police and sheriff parking on north Galena. Councilwoman Fallin said this area is crowded and there is no parking. Councilwoman Fallin said she does not feel the law enforcement should have to park on this street. It should be 1/2 hour parking for citizens going to the 2 Re4ular Meetinct Ashen Citv Council December 14, 1987 Courthouse. There is no place to park f or a short stop into the Courthouse. Councilwoman Fallin said she wants to see the police and sheriff cars out of there and parked below the Courthouse. Councilwoman Fallin said these cars should not be taking street parking. City Manager Bob Anderson said this is another symptom of a community-wide problem. Anderson said he will insist that the city police do not park in these spaces and will request the sheriff's department not to park in these 3 spaces. Anderson said the problem is when the police respond to an emergency call, they need to have their vehicles close by. Mayor Stirling requested the city manager to look into this and report back. 2. Councilman Isaac said he is disturbed about the report that a bulldozer is plowing up the practice green. Mayor Stirling said it is not on any of the turf. Councilwoman Fallin said this is in an area where dump trucks have been filling in a trail. 3. Mayor Stirling said Council is meeting December 15th at 4 p.m. on the snow storage issue, 5 p.m. with the Clean Air Board on the issue of PM 10 standards and at 7 p.m. the conceptual approach to city and county space. December 21st is the next regular meeting. 4. Councilman Tuite requested he be appraised of the outcome of the PM 10 meeting. 5. Mayor Stirling said the environmental impact statement for the entrance to town is being worked on. Council has been asked for comments. Mayor Stirling said one of the key issues is the speed limit coming into Aspen; this will drive the configuration of the entrance to town. Mayor Stirling said Council should have some discussion about their response to the EIS and suggested January 11th agenda. 6. Mayor Stirling said a taxicab from the west end to the airport cost $12. Mayor Stirling said the taxicab rates are a challenge and have an effect on tourists and locals both. 7. City Manager Bob Anderson pointed out a Rocky Mountain News article "Fire Ban in Aspen Called Political Suicide". Anderson told Council Rick Bossingham, environmental health department, spoke at a CAST meeting about air pollution. Anderson told Council the headline was out of context and was not used in the speech. Anderson said Bossingham did a great job at the CAST meeting. 8. Councilman Isaac said he is not interested in making further contribution to the Ski Country study. Council agreed. 3 Regular Meeting Aspen City Council December 14, 1987 City Attorney Taddune requested an executive session after this meeting or as soon as convenient to discuss two cases; the Wolftone title litigation and the Transamerica litigation involving Castle Ridge. Taddune told Council the city was able to locate the insurance carrier for Wilbur Carlson and put that insurance company on notice. Transamerica filed a declaratory judgment action against the city attempting to get the court to declare there is no insurance coverage available because of the length of time. Councilman Isaac moved to have an executive session after this meeting if time permits; seconded by Councilman Tuite. All in favor, with the exception of Mayor Stirling. Motion carried. City Manager Bob Anderson told Council the staff has run into a problem in the relocation of the stage two impound lot. Anderson said it will have to be bigger than originally calculated. There is enough money in the engineering department budget to cover what needs to be done. Anderson said the staff will need to use an additional $5250 on top of the 55,000 Council appropriated earlier. Council agreed with this. RFTA 1988 BUDGET AND APPROPRIATION RESOLUTION Mayor Stirling opened the public hearing. Bruce Abel, manager RFTA, said the 1988 budget has been adopted by the directors of RFTA at their November meeting. Abel said th a proposed budget for 1988 represents a status quo budget in terms of services provided. The only new service for 1988 is the van pool program, which is organized to be a self-supporting program. The only other increases are those estimated in association with the operation of Rubey park. Abel pointed out there are several items programmed in order to implement the capital improvements approved as part of the transit development plan. One of these is the acquisition of 5 smaller city buses. Other capital items are the continuation of the feasibility analysis of the aerial cable technology for the Aspen-Snowmass corridor as well as work as part of the highway EIS to evaluate an appropriate method of implementing a high occupancy vehicle lane. Abel pointed out this is the 5th year of the Aspen Skiing Company contract, and RFTA is in the process of negotiating a new contract . RFTA i s also talking about replacement of the Blue Bird buses. Councilwoman Fallin asked how much the aerial study will be. Abel said RFTA appropriated 510,000 in 1987, the Ski Company appropriated 55,000 and Snowmass 55,000 f or a t otal of 520,000. This is carrying over the unspent funds of what was appropriated in 1987. This is the same as with the engineering 4 Regular Meeting Aspen City Council December 14, 1987 analysis for the high occupancy vehicle lane. Councilman Gassman said he has reservations about spending a lot of money on the aerial study. Councilman Gassman asked if the contract with the Skiing Company has broken even over the years. Abel said the contract has been written so that out of pocket operating costs are recovered completely and there is a contribution to overhead from the Skiing Company. Abel said in contract negotiations RFTA will seek to make sure they continue to cover the costs of the operation and to secure the maximum contribution towards over- head. Abel pointed out there were economies in 1987 which RFTA is not able to budget f or. Some positions are budgeted on a year-round basis; however, should that position become vacant at the end of the high season, it is not filled until the next season. Councilman Isaac asked when the final 1987 figures will be available. Abel said the recap will be done in March. Abel said RFTA is anticipating an operating surplus of $240,000 as a result of increases in revenues as well as controlling expenses. Abel said RFTA is contributing to their cash balances. Mayor Stirling asked if a cost of living raise is automatic for all employees. Abel said in this budget it is. There has not been a cost of living raise in a couple of years. Abel told Council RFTA uses a merit review of 0 to 5 percent. Abel said the pay plan has not been evaluated since 1985, and it is appropriate f or a 3 percent across the board cost of living raise. Abel told Council the employee totals range from a year-round of 55 to 105 in high season. Mayor Stirling said he does not see any action on the downtown shuttle system in the budget. Abel said the RFTA board looked at this shuttle as a pilot project last summer. Abel said RFTA was unable to get an appropriate vehicle for that service last summer. Abel said the RFTA Board looked at lining up an appro- priate vehicle and the costs to provide a demonstration from July 1 through the end of ski season. The costs to provide a downtown shuttle system were 553,000. Abel said it was the Board's position that the existing services function in a large degree as a shuttle. The Board has asked to look into appropriate vehicles for a summer project Mayor Stirling said he is disappointed the downtown shuttle is not included after two seasons. Councilman Tuite pointed out the 553,000 figure is just for 3 winter months. Councilman Tuite told Council RFTA board has looked at some route changes, and there is a chance with these changes implemented there would be a better north/south and east/west configuration without having to add any buses. 5 Regular Meetin_cL Aspen City Council December 14, 1987 Councilman Gassman asked if a status quo budget means a status quo operation. Councilman Gassman said the ridership is static or declining. Councilman Gassman said there has not been a route change in 5 or 6 years. Abel told Council there were changes in the city routes in 1986, in an attempt to create a high fre- quency corridor to bring more of the routes down Main street. Abel said RFTA does an annual evaluation of all their services. The Board put together a sub-committee to go over the results of the evaluation. Abel said ridership of the system is continuing to grow. In 1987 there was a decrease in city ridership and an increase in the down valley routes. Councilman Gassman encour- aged RFTA to be experimental and to try things. Mayor Stirling said the downtown shuttle is critical to see the kinds of effects it might have on downtown parking and circulation. Councilwoman Fallin said a parking facility is only one piece of the solution; a shuttle is still needed. Councilwoman Fallin contended if a shuttle ran more than 15 minutes and was con- venient, it would be used. Mayor Stirling said he is not prepared to approve the budget resolution. Abel said it is state budget law that RFTA has a budget by January 1, 1988. Mayor Stirling said he would like to have more discussion of transit issues. Mayor Stirling opened the public hearing. John Walla, restaurant association, asked if there is a pos- sibility of extending the hours of the down valley operation. Walla said the 12:15 a.m. bus is too early to get restaurant workers home, and the restaurant owners would like to see a bus at least one half hour later. Walla said more and more people are living down valley. Buses as far as Glenwood Springs should be put back into operation. Walla said this should be done on a year-round basis rather than seasonally. Dwight Shellman, representative to RFTA, said he feels this is a good budget. It does not rule out addressing Council's concerns. Shellman said the Board would be willing to meet with Council to go over these concerns. Shellman said RFTA has begun to address productivity of the system, and the sub-committee has found some ways to increase the service without increasing the cost. Shellman said for other new services, RFTA has to either find efficiencies to produce the cash or find sources of revenue to pay for these services. Councilman Isaac moved to adopt the RFTA budget for 1988; seconded by Councilwoman Fallin. All in favor, with the excep- tion of Mayor Stirling. Motion carried. 6 R~ular Meeting Aspen Citv Council December 14. 1987 Abel said as a condition of approval for the SPA, P & Z and Council imposed a condition of providing ski boot and ski lockers. Abel said initially RFTA put out a concession agreement to find a vendor to operate these lockers. Abel said based on the proposals received, the Board felt it would be more appro- priate to purchase the equipment, manage them and get the revenues for RFTA Councilwoman Fallin moved to adopt the resolution appropriating a sum of money for the ski lockers; seconded by Councilman Isaac. All in favor, motion carried. Mayor Stirling objected to getting the budget so late in the year and not giving Council enough time to spend on it. Abel said it was their goal to get it to Council in November, and it took longer than they anticipated. ORDINANCE #44, SERIES OF 1987 - Underground District Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Cindy Shafer, finance director, pointed out 3 alternatives for financing this project; issue bonds, raise electric rates, or to use electric fund fund balance. Ms. Shafer said Council does not have to make that decision tonight. Ms. Shafer said issuing the bonds is the cleanest most direct relationship between financing the improvements and the improvements; however, it is the most expensive. Councilman Isaac moved to adopt Ordinance #44, Series of 1987, on second reading; seconded by Councilwoman Fallin. Councilman Isaac agreed bonds are the best way to finance this project. Councilman Isaac said raising the rates would effect everyone, including those who have paid for their own under- grounding. Councilman Isaac said using up f and balance would mean the city cannot do the capital improvement program. Councilman Isaac asked what issuing bonds f or this project would do to the city's bonding capability. Ms. Shafer said it should not have much impact as it would be such a small issue. Ms. Shafer recommended a 10 or 5 year issue. Roll call vote; Councilmembers Tuite, yes; Fallin, yes; Gassman, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Councilman Isaac moved to fund the undergrounding using general obligation electric bonds and have Cindy Shafer bring back the specifics in early January; seconded by Councilwoman Fallin. 7 Regular Meeting Aspen Citv Council _December 14, 1987 Councilman Gassman said it seems this is the sort of project that the city has a fund balance for, to cover unanticipated expenses connected with the operation of that department. Councilman Gassman said to pay finance charges and interest does not seem like wise economics. Mayor Stirling agreed and said the city will have $300,000 in fund balance, which would cover the electric drops. Mayor Stirling said this would eliminate funding the capital improvements. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. ORDINANCE #50, SERIES OF 1987 - False Alarms John Goodwin, police department, told Council based on background work, staff's recommendation to raise the fee alone seems inadequate. Goodwin said staff would like to investigate raising the fees, a permitting system and to include remedies when people do not pay the fines. Goodwin said staff will have a revised ordinance to Council in two months. Assistant City Manager Mitchell recommended Council let this ordinance die and staff will return with a completely new ordinance. Councilwoman Fallin moved to have a new ordinance no later than January 25, 1988; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #51. SERIES OF 1987 - Water Rates Cindy Shafer, finance director, told Council staff has made some minor changes to this ordinance since first reading. Ms. Shafer said there was an error in how the excess usage was being interpreted. This charge used to become effective when gallons used was over 30,000 per account. Ms. Shafer said this should be in excess of ECU, which makes a significant difference in large accounts, like condominiums and lodges. An ECU relates to the number of fixtures in a unit. The other change is a change in the avoided cost charge, which is that charge only effective for customers outside the city limits. These customers pay an additional charge because they are not subject to property tax should the water system be in a state that the city has to raise additional revenues. Ms. Shafer explained that staff looked at the charges based on the cost of system improvements in the area that customers are located in. This is allocated over the useful life of the improvements, which should correspond to the out- standing bonds. This doubled the avoided cost charge; however, that charge is only one portion of the bill. The final change made was in the flat rate accounts. These accounts are currently assessed a 100 percent penalty surcharge which is to encourage customers to go to water meters. Staff reassessed the flat rate 8 Re4ular Meetinct Aspen Citv Council December 14, 1987 accounts and determined they should be raised 20 percent to correspond with the overall general rate increase that the water management plan includes. Ms. Shafer said about 170 customers ar e st i 11 on a f lat rate . Ms . Shafer told Council the senior citizens are addressed separately. Ms. Shafer said staff recommends against phasing in the rates for different types of customer primarily because there have been inequities in the water bills for years. Mayor Stirling opened the public hearing. Molly Campbell, Gant, said a water study done for the city indicates the city has a peak demand of 5.6 million gallons and an average demand of 3.0 million gallons. The city is nearly completed a supply expansion which will double the water depart- ment's supply of treated water. Prior to that expansion, the city was able to supply 8 million gallons of water a day, which was more than was needed. Ms. Campbell said the city has overexpanded their supply in terms of supply and in timing. Ms. Campbell said this water plan focuses on the out of town home- owners or the short term lodges. Ms. Campbell said water bills to government facilities are being decreased by $400,000. Chuck Frias, Aspen Club Management, agreed this new billing systems seems onerous on short term properties and the rates should be going up across the board. Frias asked why short term properties, which are only occupied 50 percent of the time, should be paying more than residents occupied 100 percent of the time. Ms. Shafer pointed out the chart only illustrates the billing f or one month, not a year. Ms. Shafer said the billing relationships will change every month. The reason for this is the city is going from a system that was usage-oriented to a system that recognizes both usage and potential demand on the system. Part of the philosophy f or going to the new system is that the city has to build a facility which can handle the peak potential demand. Ms. Shafer said demand is more an influence on th a rates than the actual usage. Mayor Stirling said for many years the short term properties have not been paying for their fair share into the system. Mayor Stirling said this program is trying to bring the demand charge and use f ee into balance as well as defray the cost of the system. Assistant City Manager Mitchell pointed out in the $9,000,000 water management program, only $1,400,000 was spent on extra treatment capacity. The majority of the money was spent on replacing mains and work which did not increase the capacity. Mayor Stirling said also there has been greater conservation of water in the last 5 years than was anticipated. Mayor Stirling closed the public hearing. 9 Regular Meeting Aspen City Council December 14, 1987_ Councilwoman Fallin moved to adopt Ordinance #51, Seris of 1987, as amended on second reading; seconded by Councilman Isaac. Councilman Isaac asked if new customers will lower the demand charges. Ms. Shafer answered yes, and this will be re-evaluated every year at budget time. Ms. Shafer told Council the total ECUs in the system will be reviewed and recalculated. Councilman Isaac asked if the city annexes people, will that raise the rates of the customers inside the city. Ms. Shafer answered yes. Ms. Shafer said there is a wide variety of change in bills from a 50 percent decrease to a 200 percent increase. This depends upon the relationship between the usage, the demand, location, what service area a customer is in. Ms. Shafer reminded Council these figures are for September bills only. Roll call vote; Councilmembers Gassman, yes; Fallin, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #55, SERIES OF 1987 - Church/Day Care Center in Office Zone as Conditional Use Steve Burstein, planning office, told Council this makes churches a conditional use only for designated historical landmarks and adds day care centers as a conditional use in all structures. Staff and P & Z recommend adoption of this ordinance and feel these uses are compatible within the office zone district. Burstein said a concern at first reading was the location of a proposed church. Burstein pointed out not all locations may be appropriate, and this is one reason this would be a conditional use. The conditional use hearing would allow the city to look at the mitigation of any impacts caused by this use. Mayor Stirling opened the public hearing. Jane Ellen Hamilton, representing Mary Webster who initiated the code amendment, urged Council to pass this ordinance. P & Z recognized that a church is an appropriate use in the office zone. Ms. Hamilton said a church is a very low intensive use. Councilman Isaac agreed a church is not appropriate in every location in the office zone. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #55, Seris of 1987, on second reading; seconded by Councilman Tuite. Roll call v ote; Councilmembers Tuite, yes; Fallin, yes; Gassman, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. 10 Regular Meeting Aspen City Council December 14, 1987 ORDINANCE #60, SERIES OF 1987 - Appropriations Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Ms. Shafer pointed out the changes since first reading. In the general fund $25,000 sales tax revenue was added based on the capital improvement discussion to get budget up to what projected. In the environmental health department $4,000 was added from a state grant. In revenues $5,000 was added for the impound lot and $30,000 in the city clerk's department for telephone fees. In the land fund, sales tax is added to bring the budget up to the projected level. In expenditures, $8100 interest expense and payment on the note for the Red Roof was added and the expense for the Little Cloud property. $20,000 was added in the transportation fund distributed to the city from the county for the mall. Ms. Shafer told Council generally the budget is not increased for revenues. The increases for sales tax revenues in this ordinance relates to the capital improvement discussion so there is a starting point. Councilman Gassman moved to adopt Ordinance #60, Series of 1987, as amended, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Fallin, yes; Gassman, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #61, SERIES OF 1987 - Vested Rights Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. City Attorney Taddune pointed out the ordinance has been amended to include references to the HPC. P & Z considered this ordinance and recommends its approval. P & Z is not happy with the legislation as it gives developers rights that they would not have as a matter of course. Councilwoman Fallin agreed this legislation takes away the right of local government. Taddune said development plans will have to be approved by resolution or ordinance with all the conditions listed. Taddune said this ordinance codifies the state legislation. Councilman Isaac moved to adopt Ordinance #61, Series of 1987, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Gassman, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #57, SERIES OF 1987 - Tow Fees 11 Regular Meeting Aspen City Council December 14, 1987 Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #57, Series of 1987, on second reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Fallin, yes; Gassman, yes Isaac, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #62, SERIES OF 1987 - 215 West Hallam Historic Designa- tion Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #62, Series of 1987, on second reading; seconded by Councilman Gassman. Councilman Tuite asked why this owner wants their structure designated. Steve Burstein, planning office, said the owner wants to bui ld an addition that would be more compatible than the present one. This structure may be encroaching into the setback. There also may be a minor increase in FAR. Burstein said the structure is rated a 3 in the inventory. Roll call vote; Councilmembers Isaac, yes; Gassman, yes; Fallin, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #63. SERIES OF 1987 - Amendment to MEAN Contract Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Jay Hammond, city engineer, said this amends the method by which MEAN calcu- lates the demand charge. Hammond said previously when Ruedi would go down from production there would be an artificially high demand, for which the city would be charged. Now MEAN will charge the city f or the actual high demand. Hammond said the savings will be $50,000 to $80,000. Councilman Isaac moved to adopt Ordinance #63, Series of 1987, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #54, SERIES OF 1987 - R-6 Revisions Mayor Stirling opened the public hearing. Alan Richman, planning director, pointed out the changes in the ordinance at Council's request. Section 6, addressing non- conformities, has been removed and placed into a separate 12 Regular Meeting Aspen City Council December 14, 1987 ordinance. Richman said version 1 pertaining to subgrade areas has been included as well as to make it clear that the building department would start counting above the 10 percent on subgrade exposed walls. Richman said there is a new section 8 which makes it clear that the Agate is exempt from this ordinance. Richman said he has developed some language for decks and balconies, which is clearer and more concise. Don Erdman requested Council consider changing the height requirement from 25 feet to 28 feet. Erdman contended that a height increase can only decrease the size of site coverage and not increase the bulk. Erdman presented an example on a 60 by 100 foot lot. Erdman said if a person were allowed to build 3 stories, the footprint of a house would decrease, which is a goal th e city wants to achieve. Councilman Isaac asked what would prohibit going underground 3 feet to get 3 stories. Erdman said this can produce very awkward first floors. Richman said much of this floor would count under the subgrade calculations. Council- man Gassman said he f eels increasing the height would contribute to Council's goals and is a good idea. Councilman Gassman moved to change the height from 25 to 28 in the R-6 zone; seconded by Councilwoman Fallin. Councilwoman Fallin said she would prefer to raise the height limitation only if the setbacks are increased to achieve more open area around the house. Richman said when staff and P & Z did the work with the numbers, there was give and take in the floor area coverage and in the site coverages and setbacks. Richman told Council the site coverages and setbacks were designed so that within a two story house one could get the full floor area within the house. Richman said if Council is goin g to allow a 3 story house, the numbers are much too liberal. Richman suggested this could be a bonus technique, a structure is allowed to go up to 3 stories if they do the following. Richman told Council staff did not have time to look at this concept; it would be an added level of complexity. Richman said this may have value in the overall design and results; however, it add it on to this ordinance might undermine what is trying to be accomplished. Mayor Stirling said he is interested in pursuing the concept but not part of this ordinance. Councilman Gassman withdrew his motion. Councilman Gassman said this is worth looking into but it will take more work. Joe Wells had some suggestions for clarifications in the ordinance. In Section 4, page 7 subgrade areas, Wells suggested the addition of the word "perimeter" in wall area f or clarifica- tion. Wells suggested another addition of "below natural grade but above finished grade" to avoid confusion about the balance of 13 Regular Meeting Aspen City Council December 14, 1987 the level above natural grade and to make it clear the calcula- t i on i s f ocu s i ng only on the portion below natural grade . Richman said he does not disagree with the point but would like to look at how the language works out. Wells brought up decks, balconies and stairways in the memorandum. Wells said the planning office position is that a balcony on top of a balcony adds to the mass of the building and should be included in the FAR calculations. Wells said he feels balconies add relief to a potentially stark facade. Wells said he would like Council t o leave some flexibility for that situation. Wells said previously if those kinds of exterior spaces were used for required access, they would count in FAR. Wells said in residential areas, one could use 15 percent in decks and balconies before it triggered the FAR calculations. Wells said the 15 percent is still in the ordinance but any deck or balcony covered would count outright in the FAR. Wells stated he is opposed to that and recommended Council eliminate the sentence to allow these type of space of to be exempt if they are under 15 percent, regardless of covered or uncovered. Wells said the ordinance Council except balconie s that extend out a certain distance from a facade or to require a certain amount of penetration in the railing. Wells said he would like to see some encouragement to provide some exterior relief to a facade. Richman said he has no problems with the language clarity. Richman said the issue of what counts under a covered area has not changed since the P & Z resolution. Richman said it has been a constant policy if an area is covered by more than 3 feet it would count. Richman said staff and P & Z is trying to get at a number of issues. Richman said if a deck or porch is at grade it is excluded. Mayor Stirling closed the public hearing. Mayor Stirling moved to adopt Ordinance #54, Series of 1987, on second reading, removing Section 6 related to non-conforming language; using version 1 of the language pertaining to excava- tion around the perimeter of a subgrade area; adding the addition words suggested by Joe Wells in Section 5(4) first and second paragraphs; add a new section 8 regarding the Victorian Square PUD development; and to substitute the proposed language in the memorandum dated December 9, 1987, regarding decks, balconies and stairways; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Tuite, yes; Gassman, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. HPC GUIDELINES Steve Burstein, planning office, pointed out there were 6 changes requested at the work session held November 19th. The first 14 Regular Meeting Aspen Citv Council __ _December 14, 1987 change was to try and clarify the introduction to the guidelines and add the concept that preservation is the key issue. Burstein said the time at which HPC meets has been deleted. Burstein pointed out on page 35 "compatibility to adjacent buildings" has been added. Burstein said on page 36, another concept for evaluating open space for new commercial structures has been added, this is whether open space may provide relief for the purpose of allowing a historic landmark to stand out more predominantly. Burstein noted Council requested staff define "replication", which is on page 79. This states it is reproduc- ing either on site where a building has been or on a new site. Burstein said that replication is a type of reconstruction; a very accurate reproduction. Reconstruction could be accurate or not. Replication is a subcategory of reconstruction. Burstein noted that restoration has been changed to include repairing of original materials, forms and details. Burstein said the guidelines include the basic concept of trying to bring forth historic elements but also to encourage new designs that utilize only those most important historic elements. Burstein said both Council and HPC are satisfied with the statements about paint colors. Burstein told Council he will try and find more appropriate photographs before the guidelines are published. Burstein said when he returns with a resolution for adoption, he will have some cost estimates for publishing the guidelines. Councilman Tuite moved to direct the planning office prepare a resolution and bring it back January 11, 1988; seconded by Councilman Gassman. Mayor Stirling said staff, HPC and interested citizens spent a lot of time on this project. All in favor, motion carried. Burstein said Ordinance #42, Series of 1987, created a grant program to give $2,000 to residential structures scored 4 and 5 that would be designated historically. Burstein asked if Council intended that to apply to structures only in residential use or could it apply to structures in the commercial core than had been changed to commercial uses. Burstein said he f elt this applied to residential uses, which were the focus of the incentive program. Mayor Stirling said he was concentrating on residential structures; Councilmembers Fallin and Gassman agreed. LIQUOR LICENSE HEARING - Pinon's Mayor Stirling opened the public hearing. City Clerk Kathryn Koch reported the files, posting and publication are in order. 15 Regular Meeting Aspen City Council December 14, 1987 Bill Guest, representing the applicant, submitted petitions signed by residents of the city indicating their opinion that the needs of the neighborhood have not been met. Jim Lynn, applicant, told Council this will be Colorado cuisine of a higher quality. Lynn said the restaurant will have 80 seats and a separate bar. Mayor Stirling asked for opponents. There were none. Councilman Isaac asked if Pinon's is going to serve lunch. Lynn said they will serve lunch but not immediately. Lynn said they plan to be open year round. Lynn said the restaurant is on the second level and there is an elevator. Guest pointed out the applicants are willing to make a serious commitment to the community financially. Lynn has experience in the restaurant business and owns restaurants in Washington D.C. and in Texas. Lynn said he feels a liquor license to supplement fine food makes a difference in a competitive market. Councilman Tuite said Council with 20 minutes cannot address the seriousness of a liquor license. Councilman Tuite said he is willing to establish a preliminary review committee to look into applications and to make a final recommendation to Council. Mayor Stirling closed the public hearing. Councilman Gassman moved that based on the evidence presented at the public hearing held December 14, 1987, relating to the application of Downtown Aspen Inc. for a three-way liquor license, the City Council finds that the needs of the community have not been met and the license as applied for is hereby granted; seconded by Councilman Tuite. John Walla said after the work session with Council and the restaurant association, it was decided to come up with new guidelines. Walla said these guidelines have not been submitted to Council. Mayor Stirling said Council has received a long memorandum from the city attorney's office. Councilman Tuite is suggesting Council address this issue in January and consider a changed approach. Walla said generally witnesses need to be brought forwarded as proponents to address the needs of the neighborhood. Walla said the restaurant association would like to see a more in-depth process instituted. All in favor, motion carried. LIQUOR LICENSE HEARING - Maestro's Mayor Stirling opened the public hearing. City Clerk Kathryn Koch reported the posting, publication and files are in order. John La Salle, representing Maestro's Corporation, reminded 16 Regular Meeting Aspen City Council December 14, 1987 Council this should have been a routine renewal; however, the corporation did not do that on a timely basis. Maestro's corporation then had to go through the new liquor license process. La Salle said the consideration of the needs of the neighborhood was discussed and decided upon in July 1986 when the premises were first licensed. La Salle said Council may have a concern regarding the moral character issue because of the highly publicized problems of one of the stockholders of the corporation. La Salle told Council the state law makes conviction of a crime merely a consideration in connection with Council's consideration in granting of liquor licenses. La Salle pointed out the liquor license statutes cross reference the public employment law, which states that the fact that a person has been convicted of a felony or other offense involving moral turpitude shall not in and of itself prevent a person from applying for and obtaining a license. Hal Haddon, representing the applicant, told Council Chris DiPietro has been convicted of one f elony, which is on appeal. Haddon told Council last week he settled all pending matters with respect to DiPietro and there are no other charges pending. Haddon told Council DiPietro plead guilty to a class 3 mis- demeanor and a class 4 felony. Sentencing is set for January 11, 1988. Mayor Stirling asked if the restaurant is for sale. La Salle said it is. Mayor Stirling asked if any of the pendin g contracts contingent on there being a liquor license. La Salle said there are no pending contracts. Don Fleisher told Council he is the leasing agent for Hodge Capital, who owns the property. Fleisher said one of his duties as a leasing agent is to investigate an applicant for a lease. Fleisher told Council he checked with communities where DiPietro had other restaurant operations and got an excellent response with regards to the high standards that DiPietro had set in those communities. Fleisher told Council DiPietro fulfilled all his representations made regarding the lease property. DiPietro took a raw space and turned it into a very high quality restaurant. Fleisher said to his knowledge there have been no violations of the liquor code and no violations of the health code. All purveyors are paid on time and to date. Fleisher told Council the rent has always been paid on time. Fleisher said the menu was attractive, the restaurant clean and cheerful with excellent service. Fleisher said DiPietro's ability to manage this business is an asset to this community. Fleisher said one issue of consideration is should this business be closed for the winter season. Fleisher said Maestro's should remain open; it is an asset to the community. 17 Regular Meeting Aspen City Council December 14, 1987 Shlomo Ben-Hamoo told Council he has eaten at Maestro's a lot and sees it f rom the perspective of a restaurant owner . Shlomo told Council DiPietro works very hard. Shlomo said Council should look at how DiPietro runs his business. La Salle said DiPietro has shown he is capable of managing a restaurant and is capable of doing a good job at it. La Salle said DiPietro would prefer to go on managing the business during the transition of the sale. La Salle pointed out the license is important enough to the corporation that the corporation is prepared to hire a manager and to have DiPietro no longer act in that capacity. La Salle said DiPietro is proceeding through the criminal justice system and will deal with what needs to be done. La Salle said he hopes Council will not put themselves in a position to act in a punitive manner in denying this license. La Salle said there has been a sense of punishment in the two months the restaurant has been closed. Mayor Stirling asked for opponents to this license. Councilman Isaac said he does not f eel Council can grant DiPietro a liquor license due to the problems he has been having. Councilman Isaac pointed out DiPietro's partner has also been charged with a felony. Councilman Isaac suggested tabling this license until DiPietro's affairs or in order or there is a purchaser for the restaurant. City Clerk Kathryn Koch told Council if they deny a liquor license on the needs of the neighborhood, one cannot apply for two years. Councilman Gassman said he favors granting this license. Councilman Gassman pointed out in this case, there is a perfectly adequate criminal justice system to deal with DiPietro's issues. Councilman Gassman said he is unwilling to deny a liquor license to someone on the grounds of character until the city denies licenses to every business in town to make sure that the owners and managers are of outstanding moral character. Councilwoman Fallin said DiPietro operated in business in a very haphazard way. Councilwoman Fallin said it is more important on Council judging people that currently have a liquor license and are asking for a renewal, whether these should be continued. This provides Council with far more information than the granting of a new liquor license. Councilwoman Fallin said DiPietro ignored the rules and regulations of renewing a liquor license and does not appreciate having a liquor license. John Walla, restaurant association, told Council they have to take the application before them and not rely on what may happen to the business. Walla said because Councilman Gassman said he cannot vote no on liquor licenses, he has eliminated himself from voting on any liquor license. Walla said the liquor licensing author- 18 Regular Meeting Aspen City Council December 14, 1987 ity has to have the ability to vote either way on a license strictly on what is presented to them. La Salle told Council in the statutes there is not grounds for a denial of a license because someone neglected to renew their license on time. This would be an extremely harsh penalty. La Salle said it is absolutely vital this license be granted. It is the applicant's way of earning a living. An open viable business to show to prospective purchasers is very important. Mayor Stirling said the city Council does not regulate other businesses in town. Mayor Stirling said he feels having a liquor license is a privilege, and this has been an abuse of that privilege. Mayor Stirling said a liquor license is an avenue to making a business a success. Mayor Stirling said the restaurant association has pointed out that Council needs to continue to work on the liquor license process. Mayor Stirling said a s a result of abuse of a liquor license, it does not make sense for Council to grant a license to DiPietro. Councilman Tuite asked if all the bills and taxes are up to date and paid. DiPietro said they are all paid. Coun cilrnan Tuite said he is not happy about the felony convictions but the restaurant has been run well. Councilman Tuite said DiPietro has been somewhat punished by being closed for the last two months. Councilman Tuite stated he is not prepared to withhold the issuance of a license because of the felonies. La Salle pointed out that none of the felonies were related to the restaurant. There has been no testimony concerning any violation on the premises or anything bad about the operation of the restaurant. La Salle said the only way a denial could be viewed is punitive. Mayor Stirling asked if there is a standard of behavior that goes along with the issuance of liquor licenses. La Salle said there is not one established at this point. La Sall a said under these circumstances where DiPietro has had a liquor license, Council is taking it away from him. DiPietro has made an investment in this premises. Fred Gannett, city attorney's office, told Council they have to examine the needs of the neighborhood as relates to the issuance of a liquor license and make a finding on that basis. Council also has to make a finding that the applicant is of good moral character. Gannett read from 12-48-108 that the licensee shall be of good character and reputation. Gannett told Council they have to put the felony conviction into perspective and objective criteria, how recently, how many felonies, what were they for, did they relate to the operation of the business. Council ca n then make a determination if they have an impact as to constitute bad moral character. Councilman Gassman said there is a standard 19 Regular Meeting Aspen City Council_____ December 14, 1987 of behavior for everyone; that is why there is a criminal justice system. Councilman Gassman said he does not f eel it is his role to assure that every business owner has never been convicted of a felony or misdemeanor. Councilman Gassman said he cannot see what public benefit it is to the health and welfare of the community in denying this license. Councilman Gassman moved that based on the evidence presented at the public hearing held December 14, 1987, relating to the application of Maestro's Corporation for a three-way liquor license, the City Council finds that the needs of the community have not been met and the license as applied for is hereby granted; seconded by Councilman Tuite. Councilmembers Tuite and Gassman in favor; Councilmembers Fallin, Isaac and Mayor Stirling opposed. Motion NOT carried. Mayor Stirling moved that the license not be granted because of issues of good character and reputation of the applicant; and deem that the desires of the neighborhood and of the community have not been met; seconded by Councilwoman Fallin. Councilmem- bers Isaac, Fallin and Mayor Stirling in favor; Councilmembers Gassman and Tuite opposed. Motion carried. LIQUOR LICENSE RENEWAL - Little Nell's Mayor Stirling said this is an informal renewal hearing requested by Council. Councilwoman Fallin said in the past there have been a lot of problems with noise in the surrounding neighborhood. Councilwoman Fallin said she would like that addressed as well as the serving of alcohol to minors. Councilwoman Fallin said she would like a commitment from the applicant to work with ASAP in their programs dealing with serving underage people. Phil Henke, applicant, told Council the last time there was a noise com- plaint, the environmental health department came and Little Nell's was within the approved decibel level. Henke said they are in the middle of a residential neighborhood. Little Nell's tries to keep the doors closed. There are doormen every night at both doors. Henke said as f ar as underage drinking, the doormen check ids every night. Henke pointed out there are a lot of f alse ids available for sale. Henke told Council his bar has a book on ids and what they should look like. Henke said there are not a lot of places for teenagers to go in town. Henke said Little Nell' s has not had any citations for underage drinking. Councilwoman Fallin said ASAP has a program they would like all bar owners and managers to attend. Henke told Council he sent his managers to the BRITS program, which is an alcohol serving training. Henke said he does not want underage people in his bar. Henke told Council his bar was the first in town to initiate the designated 20 Regular Meeting Aspen City Council December 14, 1987 drivers program. Henke said the designated driver can have all the coffee or soft drinks on the house. Gannett said the major issue have not been inside bars but have been noise complaints about people leaving bars. This is somewhat out of the control of the bar managers. Gannett t old Council there has only been one specific complaint about Little Nell's, and it resulted in disorderly charges against tw o individuals. Gannett told Council the city has not received any complaints about Little Nell's sound system going outside. Mayor Stirling said Council has discussed with other liquor license holders helping toward a youth center, and asked if Little Nell's would be willing to contribute time and money toward a youth center. Henke said this would be good for the town. There isn't any place for young people to go. Henke said the biggest problem would be to find a location. Councilman Isaac moved to renew the liquor license for Little Nell's; seconded by Councilman Tuite. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Andre's Councilman Isaac moved to table this to December 21, 1987, at the applicant's request; seconded by Councilman Tuite. All in favor, motion carried. Mayor Stirling moved to suspend the rules and meet until 9:30 p.m.; seconded by Councilman Isaac. All in favor, with the exception of Councilmembers Fallin and Gassman. Motion carried. LIQUOR LICENSE TRANSFER - J. J. Grille Dale and Sharon Dillingham told Council they have purchased 50 percent of J. J. s Grille and are going to turn it into a country western dance spot. Dillingham said they will be serving medium price food, S10 to $3. Dillingham said they will offer dance lessons and live music. Councilwoman Fallin moved to approve the transfer of J. J.s Grille stock to Dale and Sharon Dillingham; seconded by Council- man Tuite. Councilman Isaac asked if all the bills and debts have been paid. Sharon Dillingham told Council when they purchased this, they assumed all the liabilities and will take care of the outstanding bills. All in favor, motion carried. 21 Regular Meeting Aspen City Council December 14, 1987 APPEAL OF HPC SCORE - Amato Steve Burstein, planning office, presented Council some photo- graphs of 222 East Hallam street. Burstein told Council thi s structure was rated a 4 in the HPC evaluation of structures. The house to the west was rated a 4 and the house to the east ha s already been designated historic. Burstein told Council at the public hearing January 15th, HPC considered a number of factors; th e year of construction of the house, some structural changes likes siding and additions to the rear of the structure, the appearance from Hallam street, and the contribution of the structure as a fairly typical miner's structure in a neighborhood with a high concentration of historic structures. Burstein said staff f eels HPC did correctly evaluate the structure utilizin g appropriate public information. Burstein pointed out virtually all structures in Aspen have had some degree of alteration. The purpose of HPC is evaluating structures was to determine whether those alternations were substantial enough to effect the sig- nificance of the structure and whether the structure did or did not loose its authenticity, as well if a structure makes an important contribution to the neighborhood. Burstein told Council Debbie Abel wrote a letter pointing out that she felt the documentation was not adequate for HPC to arrive at their conclusion. Burstein said staff feels the documentation was adequate. Burstein said more historic research information is of benefit to the community. Burstein recommended Council affirm the score given by HPC. Burstein said an alterna- tive is to remand the scoring back to HPC. Burstein said this structure does have particular importance to the Community Church neighborhood. Gideon Kaufman, representing the applicant, reminded Council the HPC had a lot of structures to review and designate in a short period of time. Kaufman said this particular structure received only a few minutes of HPC review. Kaufman said the HPC relied heavily on the information presented to them and did not do independent investigation. Kaufman said the information avail- able at that time was very sketchy. Staff did not have the time nor the manpower to analyze in depth each and every structure. Kaufman said the only change reported to HPC on this structure concerned the siding, and this information is inaccurate. Kaufman said there have been major and significant changes made to the structure. Kaufman said the architects will show these changes to Council. Kaufman said the HPC did not have the information available to make a fair and reasonable determination and an appropriate score on this property. Kaufman said with this new information, the score should be remanded t o HPC f or review. Kaufman said the letter from Debbie Abel in the packet 22 Regular Meeting Aspen City Council December 14, 1987 makes it clear that the information as well as the criteria used by th e HPC for designation was flawed. Kaufman said there is very little of the original size of the building left. Kaufman said the porch, siding and style will be shown to not be origin- al. Kaufman said with the appeal process, this is the only structure left that can be referred to the HPC for rescoring. Kaufman said with close to 100 structures reviewed by HPC, it is unrealistic to believe that no errors were made. That is why the appeal process was set up. Mayor Stirling said he has a conflict of interest and left the room. Richard Klein, architect, showed Council that the existing house on Hallam street is the product of numerous additions and alterations. Klein said the house was originally built in 1887, and a new building was built in 1898 which had none of the original structure. Klein showed Council overlays of the additions and the approximate year they were built. Klein pointed out the only part of the structure left in tact with original windows and exterior materials is the sun room on the east of the building. Everything else has been altered. Larry Doble, engineer, showed evidence dealing with roof changes, elevation changes, different construction materials and techni- ques. Lisa Purdy, president of a consulting firm which special- izes historic preservation, told Council she spent a day looking at this property as well as other properties rated in the HPC system. Ms. Purdy told Council she tried to look at this structure using the criteria used by the HPC to see where she would fit this building. Ms. Purdy presented criteria as the way she would rank the building. Ms. Purdy said the key is has the historic integrity been lost due to alterations over the years. Ms. Purdy said that more than 90 percent of the original exterior of this building is gone. Ms. Purdy said based on further evidence, she would put this structure into the #2 category. Councilman Isaac moved to remand this back to HPC for them to study it further; seconded by Councilman Tuite. Councilman Gassman said most of the houses in the west end have been added onto through the years. Councilman Gassman said if the city succumbs to the idea that in order to be worth preserv- ing, a house has to be very pure and unaltered, no houses would be preserved. Councilman Gassman said one has to give credence to people's instincts. The HPC is familiar with Aspen and with old houses, and this gave this structure a rating. Councilman Gassman said there are many house that, based on the same system, th a HPC gave scores of 2 or 1 to. Councilman Gassman said he would be in favor of affirming the score given by the HPC. 23 Regular Meeting Aspen City Council December 14, 1987 Kaufman said there is criteria set up, and if you look at the ranking and scores with this information, this structure has an inappropriate ranking. Kaufman said the HPC should have the benefit of all this information to see where the appropriate score should be. Councilman Isaac said this applicant has the right to go the HPC and make a full presentation. Councilman Isaac said he would hate to see this house torn down; it adds to the character of the neighborhood. Councilman Isaac and Councilman Tuite in favor; Councilman Gassman and Councilwoman Fallin opposed. Motion NOT carried. Kaufman said there is a much larger presentation he and the applicant could have made. Kaufman said he would like an opportunity at a later time to give this entire presentation and would prefer this issue to be tabled. Councilwoman Fallin said the HPC reviewed this evaluati on. Kaufman said the applicants did not give this presentation to HPC. The presentation was cut down for Council. Amato said he is entitled f or the opportunity for the proper personnel to review this information. City Attorney Taddune said Council could continue this meeting and give the applicants the opportunity to present their case to HPC. Councilman Tuite moved to give the applicants the opportunity to present their case to the HPC; seconded by Councilman Isaac. Council pointed out this is the motion they just voted down. Councilman Isaac moved to table this to January 1, 1988, to hear the entire presentation; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. Mayor Stirling moved to suspend the rules and meeting until 9:45 p.m.; seconded by Councilman Tuite. Councilman Tuite and Mayor Stirling in favor; Councilmembers Isaac, Fallin and Gassman opposed. Motion NOT carried. Councilwoman Fallin moved to approve the consent agenda; seconded by Councilman Tuite. The consent agenda is Minutes October 19, November 9, 23, 1987; Liquor License Renewals - Golden Horn; Maurice's; Country Road; Ute City Banque; Poppycock's; Toro's; Clark's Market; Wheeler Banner Fee Waiver; Maintenance Agreement Renewal - Jenny Adair Park. All in favor, motion carried. Council went into executive session at 9:35 p.m. Kathryn S Koch, City Clerk 24