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HomeMy WebLinkAboutminutes.council.19870413Regular Meeting Aspen City Council April 13,_1987 SCHEDULED PUBLIC APPEARANCES 1 PROCLAMATION - International Peace Days 1 PROCLAMATION - Aspen Volunteer Fire Fighters Week 1 PROCLAMATION - Aspen City Boards and Commissions 1 ORDINANCE #8, SERIES OF 1987 - Employee Retirement 3 ORDINANCE #11, SERIES OF 1987 - Historic Preservation Code Amendment s 4 ASPEN GROVE ANNEXATION 7 LODGE IMPROVEMENT DISTRICT 7 BALLOT ISSUES COMMUNICATION TO THE PUBLIC 9 SUBDIVISION EXCEPTION - Adams 10 GMP EXTENSION REQUEST - Aspen Mountain Lodge 11 RESOLUTION #13, SERIES OF 1987 - East Meadow/Jukati Annexa- tion 12 PROPOSED NAME FOR LIXIVIATION BRIDGE 12 REQUEST TO RESTORE MAROLT BARN 12 ORDINANCE #14, SERIES OF 1987 - Restaurant Grills 13 ORDINANCE #15, SERIES OF 1987 - Elimination of Vendor's Fees 14 ORDINANCE #16, SERIES OF 1987 - Appropriations 15 LIQUOR LICENSE TRANSFER - Town & Country Lodge 16 MALL LEASES 16 ALLEY CATS PRESENTATION 17 19 Aspen Citv Council Regular Meeting April 13, 1987 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Collins, Isaac, Walls and Fallin present. SCHEDULED PUBLIC APPEARANCES PROCLAMATION - International Peace Days Mayor Stirling read a proclamation about the first USA/USSR Peace Walk to be held June 8 through July 12 from Leningrad to Moscow including 200 walkers representing the USA and San Rucinski and Jeannie Applequist Bascom will be representing the USA as well as Aspen. The Council proclaimed June 8th though July 12th as International Peace Days. PROCLAMATION - Aspen Volunteer Fire Fighters Week Mayor Stirling said there will be banquet hosted by the City Council to honor the fire department on April 17th to acknowledge the work and dedication of the volunteer fire fighters. Council proclaimed the week of April 13 to 19 as Aspen volunteer fire fighters week. PROCLAMATION - Aspen City Boards and Commissions Mayor Stirling said Council is declaring April 20 to 26 as Aspen city boards and commissions week, which is a prelude to the banquet hosted by the City Council to honor the people who sit on boards and commissions. CITIZEN COMMENTS 1. Mary Martin presented a letter addressing a proposal making Marolt property a people's park they would like Council to consider. Mayor Stirling moved to direct this to the city manager to have him integrate this with other work being done by the city and other citizens and to bring this back to Council as soon as possible; seconded by Councilwoman Walls. All in favor, motion carried. 2. Dusty Stone said he feels it would be in the city's best interest to keep the Red Roof Inn, convert the units into employee housing units and use the money from the housing authority to make studio apartments, lease the restaurant out on a restaurant basis as a support facility to the golf course. Stone said this alternative should be looked at as building new places for employee housing is astronomical, and this would be a viable alternative for employee housing. City Manager Bob Anderson told Council proposals for use of the Red Roof are due back to the city by April 20th. Anderson told Council at least 1 Regular Meetinq__ Aspen City Council April 13. 1987 one of the proposals will be to convert the units to employee housing. Anderson pointed out the Red Roof is a $2,000,000 asset. 3. Bill Martin suggested publishing in the newspaper how the serial street tax levy will be spent on improvements. City Manager Bob Anderson said staff will give a memorandum of the proposed work. 4. Dan Arrow, restaurant owner in Aspen, told Council the day of A La Carte is traditionally the fifth busiest day for res- taurants, and this year it was about 40 percent of last year's business. Arrow said there are a lot of restaurants who do not carry Diner's Club and who were precluded from being in that event. Arrow said this was not universally heralded as a great event. Arrow said there are still barbecue brickets on the field and stench on the field. Arrow told Council CCLC is looking into determining what events should be allowed on city property. Arrow requested Council schedule a work session to meet with CCLC on special events. Council scheduled May 18th as a work session with the CCLC. Council requested a written agenda for that work session. 5. Dan Arrow brought up the lack of state funding for res- taurant inspections. Arrow stated he is very much in favor of inspections. Arrow requested Council support Tom Dunlop's letter to Representative Scott McInnis to keep state funding for these inspections. Councilwoman Walls said Council is in favor of retaining these inspections. Mary Martin said Council should consider funding this within the environmental health department because it is a vitally needed area for a tourist community. City Manager Bob Anderson said the questions are can the city lobby to stop this decrease in funding. If there is a decrease in funding, does the city reduce staff, find the money elsewhere, or raise fees. Anderson said his recommendation is to raise fees for restaurant inspections. Council suggested writing letters to the state about this budget item. COUNCILMEMBER COMMENTS 1. Councilman Isaac said he thought Council was going to have a discussion about city hall improvements, and to have a public meeting about plans for city hall and the ballot issues. Mayor Stirling said this will be discussed under VII b) Ballot Issues. 2. Councilman Collins brought up S.B. 60, which limits citizens opportunity to initiate referendums in terms of zoning changes. Councilman Collins said CML opposed this bill. City Manager Bob Anderson said this bill has been passed. Councilwoman Fallin said the Governor has said he will not veto this bill. Council 2 Re4ular Meeting Aspen City Council April 13, 1987 requested a letter be sent to Governor Romer urging him to veto this bill. 3. Councilman Collins complemented the parks department on doing a great job on keeping the sidewalk clear on the Castle Creek bridge. 4. Mayor Stirling commended Rich Rianoshek, chief of police, for bringing to Aspen a seminar on conflict resolution. Mayor Stirling said this is a remarkable technique. Mayor Stirling asked for a summary of how this technique works to give all Council members. 5. Council rescheduled the work session on air quality with the Clean Air Board for April 21st at 5 p.m. 6. Mayor Stirling said he and the city manager are putting together some ideas on how to do a community meeting on con- solidation. This meeting will probably be held in May. Mayor Stirling said he will return with Council with a specific outline for this meeting. 7. Mayor Stirling said there is a copy of the proposed video of summer in Aspen for Council to view at their leisure. ORDINANCE #8, SERIES OF 1987 - Employee Retirement Mayor Stirling opened the public hearing. Cindy Shafer, finance director, told Council the city has had a retirement plan with Metropolitan for a number of years. During 1986, Metro cancelled the contract so that employees were not allowed to make contributions to the plan. Ms. Shafer said in 1982 or 1983, the city started deferred compensation plans and most employees withdrew from the Metropolitan plan. At the end of 1986, there were only 5 employees that had any balance in the Metropolitan fund and only one employee actively contributing to that fund. All 5 employees have agreed to withdraw their money. This ordinance eliminates that fund. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #8, Series of 1987, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Walls, yes; Isaac, yes; Collins, yes; Mayor Stirling, yes. Motion carried. 3 Re4ular Meeting Ashen City Council April 13, 1987 ORDINANCE #11. SERIES OF 1987 - Historic Preservation Code Amendments Steve Burstein, planning office, pointed out some minor correc- tions and typographical errors. Burstein recommended Council consider this ordinance and table it for two weeks in order to get a clean form. Alan Richman, planning director, reminded Council there were some policy issues to be raised with HPC and P & Z. These have been discussed and Council may have minor additional changes after this discussion. Burstein said HPC and P & Z met last week to discuss the revisions, and this ordinance includes the revisions they requested. Burstein said objectives of this ordinances are to clarify and simplify th e code, to replace unclear language and unnecessary references to the building department. Burstein said the purpose section has been clarified. The standards for designation have been re-written. A logical format of review standards and submission requirements for each type of review has been created. The duties and power of Council, HPC, P& Z and staff have been defined. A number of changes the HPC wanted have been incorporated to make their body a better functioning group. Burstein pointed out the development review functions are in 3 categories; exempt development, which the planning director can sign off, minor development, which is a one step process, and significant development, which is two-step process including a public hearing. Burstein said responsibility delegation for an expedited approval has been requested by all groups involved. There is demolition and removal review for both full and partial demolition, which includes at least a one-step public hearing. The standards for review are included in the ordinance. There are public hearing requirements, including for a full demolition public notice as well as posting on the property. Burstein told Council the HPC can suspend action for up to 6 months when they would like further study to see what alterna- tives might exist for use of the building or for providing incentives to not demolish. Burstein told Council demolition review only applies to landmark structures within historic districts. Council has requested staff look into review of all inventoried structures. Burstein said HPC concurs that demoli- tion review should not apply only to landmark structures but the preferred approach would be to review all development within the districts and all structures evaluated 4 and 5 should be reviewed. P & Z also expressed concern for structures rated 4 and 5 as well as landmarks within the two historic districts. Burstein defined a landmark as a historically designated struc- ture. There are 93 structures on this list. P & Z had dis- 4 Regular Meeting Aspen City Council April 13, 1987 cussed having demolition review of all structures within the city. Mayor Stirling opened the public hearing. 1. Sally Roach told Council she has been working with a committee made up of architects, realtors and builders regarding this ordinance. Ms. Roach said one of the big concerns is qualifications of members on the HPC. Ms. Roach said HPC members need to be qualified to read drawings and understand blue prints as well as have architectural knowledge. Ms. Roach suggested either the qualifications should be tightened up or the city should sponsor education of this type for HPC members. Ms. Roach brought up that the HPC would have a member removed after 3 or more absences. Ms. Roach said there has been frustration from the community in not getting a quorum at HPC meetings. Mayor Stirling said this has been added to the ordinance. Ms. Roach said under exemptions development steps that are exempt are any interior remodelling, repainting of the exterior, choice of color, etc. is exempt. Ms. Roach said it was her understand- ing that the HPC is not to be involved in color choice. Address- ing this indicates it may be necessary to get an exemption for painting one's house, when technically the HPC is not supposed to discuss color. Ms. Roach said this also should apply to interior remodelling. Ms. Roach said the committee would like clarifica- tion on adjacent compatibility. Burstein said that is to link two historic buildings but it is also f or new developments next to a designated structure. Ms. Roach questioned the economic feasibility issue and noted it seems to be asking a lot if someone wants to demolish a building. Ms. Roach said the committee feels it is unreasonable to put forth a lot of money to have these reports required. Burstein said staff feels economic feasibility is an issue in demolition and it has to be addressed. Burstein said he tried to come up with objective criteria to allow the HPC to make a decision. Burstein said the HPC has the option to suspend action on a demolition request . If the HPC i s not satisfied with the information provided by the applicant, the city can look at the economic feasibility of redevelopment or other options. Alan Richman, planning director, pointed out staff and HPC are also looking at the incentive program. The strongest incentives seem to be to provide alternative beneficial uses of the property. This criteria is trying to see if the owner has investigated any alternatives. Ms. Roach brought up 24-9.7, Appeal, and said this section tells Council what they can do. Ms. Roach said it should not be mandated in this ordinance that Council can review and change the 5 Regular Meeting Aspen City Council April 13, 1987 decision without evidence of abuse. This puts the burden of proof on someone to say there was abuse. Ms. Roach said the committee felt Council should be able to hear an appeal on its own merits. Richman said if Council feels this is too limiting, it can be made open ended f or Council to review. Ms. Roach said there needs to be good cause for having a six month waiting period to be heard by the HPC. Richman said there should be no reason for painting and interior remodelling to have to go through his office for an exemption. Georgann Waggaman, chairman of HPC, told Council it is a strong viewpoint of HPC that there should be mandatory demolition review of all buildings in the existing districts, all designated buildings, and all buildings ranked 4 and 5 in the inventory. Ms. Waggaman said this does not mean building cannot be demolis- hed but that they must be reviewed. Jim Martin said he has concerns about the ordinance which calls for compatibility in this review. Martin said laws need to be definable, and thi s section seems to be subjective. Ms. Waggaman said the HPC is also working on an enlarged version of guidelines to give people indications of what is considered compatible and what is not. Burstein said HPC and P & Z took a lot of time trying to define compatibility and to incorporate the guidelines by reference. The Council will need to review and adopt these guidelines. Mayor Stirling closed the public hearing. Council agreed that the interior remodeling and painting should be taken out of the ordinance. Richman said there still will be a need for the exemption process but not for these items. Councilman Isaac said he feels six months for HPC to review a demolition request is too much time. Richman said if the HPC finds the structure an important one and the applicant wants to demolish it, the onus is on the city to look for other sites for the structure, to look for other economic uses. Mayor Stirling said good cause needs to be articulated in this section. Councilman Collins said this ordinance has much redundancy, superfluousness and some contradiction. Councilman Collins said it seems the ordinance could be condensed and still be in an understandable form. Councilwoman Fallin said she is uncomf ort- able dealing with this ordinance before Council deals with the code simplification. Mayor Stirling said there should be a broad scope of people in the community on HPC as well as every city commission. Mayor Stirling said the compatibility issue will be driven by the guidelines, which will be adopted by Council. Mayor Stirling moved in section 24-9.5 to instruct the planning office to broaden the definition that it be mandatory to review all buildings in the existing historic overlay districts; to 6 ReQUlar Meeting _ Aspen City Council Aril 13, 1987 review all buildings on the existing historic designation list; and to review all those structures recently scored 4 or higher by the HPC; seconded by Councilwoman Walls. All in f avor, m otion carried. Mayor Stirling said in the six month section, there has to be some language about good cause and that this is a recommendation made by HPC to Council. Ms. Waggaman agreed it should be stated so that this section is not habitually abused. Mayor Stirling said section 24-9.7(b) is too limited as how the appeal process to Council is defined. Mayor Stirling moved to continue the public hearing of Ordinance #11, Series of 1987, to April 27, 1987; seconded by Councilwoman Fallin. All in favor, motion carried. ASPEN GROVE ANNEXATION Mayor Stirling opened the public hearing. Assistant City Manager Mitchell reminded Council they adopted resolution #3, which set the public hearing for this meeting. This hearing is to make findings that this annexation meets all state statute requirements, that a community of interest exists, that the area is urban and is capable of being integrated into the community, and that the petition has been certified. Mitchell told Council the zoning ordinance will be presented to them in late June. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to f ollow C.R.S. 31-12-110 and prepare a resolution affirming this annexation for the next meeting; seconded by Councilman Isaac. All in favor, motion carried. LODGE IMPROVEMENT DISTRICT Jay Hammond, city engineer, told Council staff did not speak to everyone involved regarding the work session last week and this public hearing. Hammond said staff is trying to finalize the assessment f ormula. Mayor Stirling said there were no represen- tatives of the commercial property in the lodge improvement district at the work session. Mayor Stirling suggested giving them the opportunity to speak at this meeting. City Attorney Taddune told Council staff has had a long conversation with bond counsel and agreed upon a procedure if Council wants to change the assessment formula. Taddune recommended making an amendment to the ordinance on second reading by incorporating the assess- ment f ormula that is decided upon. Taddune pointed out changing 7 ReQUlar Mee_ting Aspen City Council April 13, 1987 the assessment formula is a major change. Taddune requested Council continue the public hearing to April 27th and direct staff to reinstitute the notice procedures of having a manager's hearing, give the property owners the ability to remonstrate. Leonard Oates, representing commercial property, told Council they are still not satisfied with the change in the assessment formula. Oates said the commercial owners, with improvements already in, are being asked to pay more than the 1.00 factor applied to residential properties. Oates said their current improvements, which they have already paid f or, will be torn out and they will have to pay for improvements again. Oates said he cannot see any scientific basis for the consultants coming up with the formula they did. Oates said the Durant Mall does not feel they should be included in this district. Hammond said the report from the consultants uses comparable situations they have dealt with in assessments for commercial properties. The report talks about benefits deriving to commer- cial space and establishes ratios based on benefit, economic return, rent levels, etc. Hammond pointed out the focus of this district is not entirely towards commercial properties but is to allow pedestrians and residents to circulate from the base of the mountain and lodges to town. Hammond said staff reviewed the two particular areas of discus- sion from the work session April 6th, the possibility of an exemption from assessment by any property willing to deed restrict to employee housing, and to reduce the assessment to .75 for any properties in the district willing to commit to a six month minimum lease. Hammond told Council he made some assump- tions on deed restrictions, and found about 30,000 square feet of potential employee housing that could be d eed restricted. Hammond said the city or housing authority would have to sub- sidize the reduction in assessments f or these properties. The total subsidy for 30,000 square feet would be $72,000. Hammond pointed out exhibit A. If 40 percent of the 500,000 square feet of residences were inclined to deed restrict to six month minimum leases, there is an impact on the assessment that would apply to other properties in the district. Hammond pointed out that long term properties benefit comparable to short term properties from th e improvements in the district. Benefits to property values are also comparable. City Manager Bob Anderson said if all commercial property were given an assessment of 1, it would change the square f oot cost from $2.43 to $2.53 for everyone. Councilman Isaac moved to adopt the recommendations of Smith and Company put the assessments f ormulas in the ordinance; seconded by Councilwoman Walls. These are all residential would be 1.0 except for deed restricted employee housing at .50, commercial 8 Regular Meeting Aspen City Council April 13, 1987 ground floor 1.5, one-half off ground floor 1.37 and commercial not ground floor 1.25. Taddune said Council should address deed restricted housing, rather than try and change the assessment formula at a later date. Oates suggested taking into consideration in the formula commercial properties in the C-1 district and those zoned N/C. Anderson said one of the standards the committee used in trying to find equity is zoning because it goes beyond present usage. Anderson said some of the commercial properties in the district are zoned more restrictively than others. The consultant said it seems fair to take that into account when setting the assessment percentages. Councilwoman Walls asked if the assessment dif- ferentiated between different residential-type categories. Anderson said it does not except for deed restricted employee housing. Anderson said although there is a distinction in zones, there is not a distinction in use. Councilwoman Fallin said there has been talk about doing away with the N/C zone and rezoning those properties to C-1. Councilman Isaac withdrew his motion to give staff time to make a recommendation to Council on the commercial assessment. Councilman Isaac said he would prefer this be put off until the April 27th meeting. Councilman Collins said this started out as a lodge improvement district, for lodges, primarily south of Durant street. Councilman Collins said there could be new plans coming in on the new large projects in this area, like the Skiing company hotel and the Aspen Mountain Lodge. Mayor Stirling moved to continued this discussion to April 27; seconded by Councilman Isaac. All in favor, motion carried. BALLOT ISSUES COMMUNICATION TO THE PUBLIC Councilman Isaac said Council needs to discuss the plans for city hall and to invite comment from the public, especially adjacent property owners. Councilman Isaac said the plans have changed since the last election and there needs to be communication. Assistant City Manager Mitchell said in the past the city has put together a fact sheet on the election and put them in the local papers to provide information on the issues. Mayor Stirling said the city hall issue should point out that it is not tied to any new tax or the eighth penny, and is tied to cooperative space with the county offices. Mitchell said staff will do an eighth penny is to be used f• Mitchell said it is important t four issues are being voted suggested using the work of the explanation sheet about what the r and what the ordinance says. > inform the voter s that the f i r st on separately. Mayor Stirling League of Women Voters. 9 Regular Meeting Aspen City Council April 13, 1987 Mayor Stirling moved to direct staff to prepare a sheet on the ballot issues using the League of Women Voters research; seconded by Councilwoman Fallin. All in favor, motion carried. SUBDIVISION EXCEPTION - Adams Steve Burstein, planning office, told Council this is a request to do an addition to half a duplex off Bonita Drive. The addition is 1106 square feet of a two story addition. Burstein told Council when this was first approved by Council in 1976 as the Brinkman exemption, there was a condition stating no more baths or bedrooms. This expansion does involve a new bedroom. Burstein said he was not able to find Council's rationale for making that a condition of prior approval . The applicant ha s indicated they need more room, and the planning office f eels a three-bedroom duplex is not out of character with the neighbor- hood. Burstein recommended the condominiumization plat amend- ment be approved. Burstein said this application has come directly to Council as an expedited review as there are no major land use concerns. Mayor Stirling said he feels reluctant to overrule a condition of a previous Council. Mayor Stirling said he would prefer more research as to what the Council's reason was. Michael Manchester, representing the applicant, told Council he has gone through the meetings of P & Z and Council and there is no mention of that condition, except in the motion. Burstein said this addition would maximize the FAR. Councilman Isaac moved to grant subdivision exception to the Adams duplex on Bonita with the two conditions mentioned in the planning office memorandum; seconded by Councilman Collins. Burstein requested that the condition be changed to require a plat be submitted prior to the issuance of a certificate of occupancy. Councilman Isaac accepted that in his motion; seconded by Councilman Collins. Mayor Stirling said he would rather have the applicant do more research and perhaps talk to members of Council who make the original decision. Councilmembers Isaac and Collins in favor; Councilmembers Fallin, Walls and Mayor Stirling opposed. Motion NOT carried. Mayor Stirling moved to direct the planning office to bring this back April 27 with additional information about the original condition; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Isaac. Motion carried. 10 Regular Meeting Aspen City Council April 13, 1987 GMP EXTENSION REQUEST - Aspen Mountain Lodge Alan Richman, planning director, told Council this is a request to extend the GMP deadline for this project to September 18, 1987. At the last meeting, Council requested staff look into opportunities for the city to be provided with some benefits associated with granting this extension. Richman said he worked with the applicant on some parking provisions. The parking in front of the Continental will continue as parking and not as additional parking. Richman said they worked on the parking lot where the old Aspen Inn was located. Bob Hughes, representing the applicant, told Council since their last appearance, the lawsuit has been concluded. There is a foreclosure sale. The property has been bid in a single parcel for around 542,000,000. It appears likely that Commerce Bank will succeed to the property and in 75 days will sell the property. Hughes told Council the applicants have a proposal to resurrect the parking lot. Hughes said there is a need to do something with the landscaping at the Blue Spruce site. Hughes said he believes the items that lead Council to approve thi s project originally still apply and urged approval of the exten- sion. Mayor Stirling asked if there is to a be new application that staff recommends is unrelated to the existing plan, what about this extension. Richman said if the project substantially differs from the approval on the books, the city will have a new application submitted October 1, 1987. Richman said keeping the project alive does not compromise the city or the ability to see a new application, if appropriate. Jim Pavisha said the parking will be at the Aspen inn parcel that was used last winter. It is the applicant's intention that it be used for parking until construction starts and that the city will indemnify the applicant up to the municipal limits. The appli- cant will pick up the difference. Mayor Stirling said the agreement should address who is responsible for preparing the site and snow removal. Pavisha said previously the city had agreed to do the snow removal. Councilman Collins said the parking lot operation should be continued as it was last winter. Councilman Collins asked if there is a commitment to landscape the old Blue Spruce property. Richman said he has not discussed specific numbers but the applicant has been agreeable to the concept. Councilman Collins said he would like the planning office to reach an agreement to restore the property. Mayor Stirling moved to grant an extension to the date by which a building permit must be obtained by the Aspen Mountain planned unit development to September 18, 1987, conditioned upon the owner providing parking until construction begins on the Aspen 11 Regular Meeting Aspen City Council April 13, 1987 Inn site and to do minimal landscaping on the Blue Spruce-site with the city attorney to work out the details in a formal agreement; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION #13, SERIES OF 1987 - East Meadow/Jukati Annexation Assistant City Manager Mitchell said this is a small area the city proposes to annex. The Ardmore subdivision wanted out of the annexation but there were 8 parcels that want to be included. Mitchell told Council the city has received a petition with the required signatures. This is a resolution of intent to annex this area. Councilwoman Fallin moved to adopt Resolution #13, Series of 1987, and set the public hearing f or May 26, 1987; seconded by Councilwoman Walls. All in favor, motion carried. PROPOSED NAME FOR LIXIVIATION BRIDGE Hal Clark told Council the PCPA board has met and discussed the naming of the new bridge. Clark told Council the PCPA has recommended this be named the Marolt Bridge and also to change the name of the Marolt/Thomas property to Castle Creek park. Clark suggested Council and PCPA have a formal dedication ceremony for the bridge. Clark said the PCPA also supports the efforts of the historical society to restore the Marolt barn on site. Mayor Stirling moved to name the new pedestrian bridge across Castle creek the Marolt bridge; seconded by Councilman Collins. All in favor, with the exception of Councilwoman Walls. Motion carried. Mayor Stirling said he would prefer to deal with the recommenda- tions on the Marolt/Thomas property at a later date. REQUEST TO RESTORE MAROLT BARN Carl Bergman told Council about 7 years ago, the historical society decided they needed a mining and ranching exhibit. Bergman said various plans for this exhibit have been additional space at the Stallard house, or to move the Marolt barn to the Stallard house. Bergman told Council the historical society feels it would be better to leave the Marolt barn on-site, and they are working toward that end. Bergman requested Council consider allowing the historical society to rest ore th a Holden lixiviation building and incorporate with that the ranching museum. Bergman said this would then be an arm of their museum. Mayor Stirling asked if this would require giving the property to 12 Regular Meeting Aspen Citv Council April 13, 1987 the historical society or could it be accomplished by a long term lease. Bergman said it could be done through a long term lease. Councilwoman Walls said she is concerned about the historical society financing this and being able to maintain it. Bergman said the historical society can handle this financially. Mayor Stirling moved to direct the city attorney to draft a lease to bring back to Council f or approval for long term use of the barn; seconded by Councilman Collins. Councilman Collins said he would like to see the motion include that the historical society is going to prepare a plan for the area. Councilwoman Fallin said she would like to have some financial statements from the historical society providing documentation that they can to this project and can complete it. Mayor Stirling amended his motion to request a specific proposal describing use around the building including parking and other intended uses and to work with the city staff to the degree necessary and to set a time limits f or improvements; seconded by Councilman Collins. Mayor Stirling amended his motion to require a financial pro f orma indicating an ability to do this project; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #14, SERIES OF 1987 - Restaurant Grills Councilman Collins moved to read Ordinance #14, Series of 1987; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #14 (Series of 1987) AN ORDINANCE AMENDING SECTION 11-2.2 AND 11-2.4 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, SO AS TO REGULATE EMISSIONS FROM COMMERCIAL COOKING EQUIPMENT AND DESCRIBING THE PENALTY FOR A VIOLATION OF SAID EQUIPMENT was read by the city clerk Councilman Collins moved to adopt Ordinance #14, Series of 1987; seconded by Councilwoman Walls. Tom Dunlop, environmental health department, reminded Council last fall they requested staff provide an ordinance that is enforceable to deal with the emissions generating by charbroiling of food in commercial cooking establishments. Dunlop told Council there was an ordinance passed in 1983, which staff chose not to enforce in its entirety. Dunlop said staff has been enforcing this in new and remodeled establishments and did not enforce retrofitting existing restaurants. Dunlop said the 13 Regular Meeting Ashen Citv Council April 13. 1987 department has been finding out about the intricacies of meat processing and retrofitting and the difficulty of enforcement for everyone involved. Dunlop said the restrictions and the enforcement problems could not have been fairly executed, and there would have been uncer- tainties in the restaurant community of what was expected of them. Dunlop said the environmental health department has notified the restaurants over the past 4 years that this legisla- tion is pending. Dunlop told Council he will write each res- taurant owner detailing the ordinance to them so that they will have the opportunity to respond to this ordinance at the public hearing. Councilman Isaac asked what kind of effect on the city's air this will have. Lee Cassin, environmental health department, told Council restaurant emissions constitute about 20 percent of the carbon monoxide emissions, after woodburning and cars. This control technology, if operated right, would control the emissions to about 1 percent of what they were. Councilman Isaac asked what it will cost per restaurant to comply. Ms. Cassin said there is a large variation, starting at $1,000 up to as high as $25,000. Roll call vote; Councilmembers Isaac, yes; Walls, yes; Collins, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #15, SERIES OF 1987 - Elimination of Vendor's Fees Councilwoman Walls moved to read Ordinance #15, Series of 1987; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #15 (Series of 1987) AN ORDINANCE REPEALING THE ALLOWANCE TO RETAILERS OF 3.3~ OF SALES TAXES COLLECTED TO COVER THE RETAILERS EXPENSE FOR THE COLLECTION AND REMITTANCE OF SALES TAXES EFFECTIVE JULY 1, 1987, AND, TO THE EXTENT APPLICABLE, AMENDING SECTION 5 OF THE ORDINANCE N0. 15- A (SERIES OF 1972), COMMONLY KNOWN AS THE SEVENTH PENNY SALES TAX ORDINANCE AND SECTION 21-76 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN (WHICH CODIFIES SECTION 5.3 AND 5.4 OF THE ORDINANCE N0. 15-A), SO AS TO REPEAL THE ALLOWANCE OF THE AFORESAID RETAILER'S EXPENSE was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #15, Series of 1987, on first reading; seconded by Councilman Collins. Cindy Shafer, finance director, pointed out this ordinance was prepared on Council's request to eliminate the vendor's fee. 14 Regular Meeting Aspen City Council April 13, 1987 fund. Ms. Shafer told Council the recreation director has determined there is not enough money for the dorms for the figure skating school. This will cost $2,000 more. The ice garden has already collected excess revenues of $1300 more than expected. The ice garden feels comfortable allocating these expenses. Councilwoman Fallin said the utilities for the Red Roof seem extremely high for a building that is not being used. City Manager Bob Anderson said they are very high; the building is largely electrically heated. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Walls, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. LIQUOR LICENSE TRANSFER - Town & Country Lodge Mayor Stirling said this is a request to transfer the Town & Country Lodge Liquor license to George Schmerhorn and Robert Kroninberg. Bill Efting, recreation director, told Council he has worked with this group. The operate the Merry-go-round restaurant at Highlands. Councilwoman Walls moved to approve the transfer of the liquor license held by Phil Bloemsma d/b/a Town & Country Lodge to George Schmerhorn and Robert Rroninberg; seconded by Councilman Isaac. All in favor, motion carried. MALL LEASES Councilwoman Fallin said the mall rental is too low. Councilman Isaac agreed. Mayor Stirling said this was an incentive for businesses in the mall because of the fear that the mall was going to hurt business. Mayor Stirling pointed out the city does the snow removal and cleaning for the mall areas. Assistant City Manager Mitchell said the rents are based on the average square footage in the commercial area. Mayor Stirling said these rents seem to be below market. Councilman Collins moved to approve the mall leases for the Grill, Red Onion, Paragon, and Mine Company for April to Septem- ber 1987 at $1.79 per square foot per month; seconded by Council- woman Walls. Mayor Stirling said he would commercial rates. Councilman look at raising it for next yE would like it raised more Councilwoman Fallin said some kept, and the city should do taurants clean up their spa advertising on umbrellas is like more research done on average Isaac said he would like staff to ar. Councilwoman Fallin agreed she :han 6 per cent for next year. of the outdoor places were not well a better job of making the res- :es. Mitchell pointed out that no new clause in the lease. Mayor 16 Regular Meeting Aspen Citv Council April 13, 1987 Stirling said $21.50 per square foot is the low end of the market. Councilman Isaac said considering the service the city gives to the mall, it is too low. Mayor Stirling urged Council to consider $2 per square foot. Councilman Collins said if the city is going to increase the rent, it should be done f or next season with more discussion and with input from the restaurants on the mall. Councilmembers Walls and Collins in favor; Councilmembers Fallin, Isaac and Mayor Stirling opposed. Motion NOT carried. Mayor Stirling moved to approve the mall leases for the four businesses from April to September at $2 per square foot and charge the staff to do a more intensive analysis in order to see if an adjustment needs to be made next year above that; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Collins. Motion carried. ALLEY CATS PRESENTATION Bill Houk, Paragon, Cardel, operation manager Snowflake, Jan Falter, Upper Image, gave Council maps of the blocks they propose to clean up and the tentative dates for this program. Houk said as a group they are planning for an alley clean up, hoping to do it May 18 through 21st. Houk told Council he, the others and Bob Anderson are in a seminar on leadership. There was a group project to come up with, and they came up with this. Houk said they did research on Captain Clean, and what has been done by the city in the past. Jan told Council they have talked to business people, the trash company, and the blocks they have outlined are the blocks they consider to be the most crucial. Jan said they hope to get the city crews involved in this clean up. City Manager Bob Anderson said they hope this is a public/private effort. BFI has volunteered some people and equipment. The group thought they could stimulate the businesses on the alley to all work together. Councilwoman Walls said she feels this is a wonderful idea. Councilman Isaac asked what the city budget would be. Hank said they would like to leave that open. They are still working on what is needed for flyers, posters, printing and postage. Jan said the ARA will make an announcement at their monthly meeting. Jan said they are trying to fix this as at least a semi-annual event, rather than a one time clean up. Hank requested the city proclaim this week as pride in Aspen spring clean up week. Councilwoman Walls moved to approve the consent agenda; seconded by Councilman Isaac. The consent agenda is liquor license renewals - Abetone; The Grill; Charlemagne; Red Onion; Minutes- 17 Regular Meeting Aspen City Council April 13, 1987 February 23, 1987; City-County Housing Guidelines; RFTA Budget Resolution. Councilman Collins moved to adjourn at 9:05 p.m.; seconded by Mayor Stirling. All in favor, motion carried. ~~ ~~ ~~ Kathryn S Koch, City Clerk 18