HomeMy WebLinkAboutminutes.council.19870511Regular Meeting Aspen City Council.
May 11, 1987.
RFTA 1986 SUPPLEMENTAL BUDGET APPROPRIATION 1
PROCLAMATION - Aspen School District Staff 2
2
CITIZEN COMMENTS
2
COUNCILMEMBER COMMENTS
ORDINANCE #15, SERIES OF 1987 - Elimination of Vendor's Fees 3
ORDINANCE #17, SERIES OF 1987 - Refunding 1985 Sales Tax
. 4
Bonds
ORDINANCE #18, SERIES OF 1987 - Maroon Creek Hydropower
. 4
Bonds
ORDINANCE #19, SERIES OF 1987 - Appropriations 4
ORDINANCE #11, SERIES OF 1987 - Historic Preservation Code
5
Amendment s •
ORDINANCE #20, SERIES OF 1987 - Historic Preservation
. 7
Incentives
ASPEN MOUNTAIN SKI AREA MASTER PLAN AMENDMENT 11
14
RED ROOF INN PROPOSALS
LIQUOR LICENSE HEARING - Lauretta's of Aspen 17
ROARING FORK VALLEY VIET NAM VETERANS MEMORIAL 17
REQUEST FOR ENCROACHMENT - Sport Stalker 18
19
FARMER' S MARKET
SUBDIVISION EXCEPTION - Behrendt 21
2 3
COORS CLASSIC
REQUEST TO LEASE CITY PROPERTY - Pre-school 23
FUNDING FOR COMMUNICATIONS CONFLICT MANAGEMENT TRAINING 24
REQUEST FOR FUNDS/GOLF PASSES - Volunteer Fire Department 25
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ReQUl ar Meeting Aspen City Council M-ay-11, 1987
Mayor Stirling called the meeting to order at 4:35 p.m. with
Councilmembers Collins, Fallin and Walls present.
RFTA 1986 SUPPLEMENTAL .BUDGET APPROPRIATION
Bruce Abel, general manager RFTA, told Council the final 1986
figures are in and the supplemental appropriation is necessary to
formally amend the 1986 budget to conform to actual f igures.
Abel reminded Council, RFTA budget amendments are necessary
whenever departments vary by 10 percent and 510,000. Abel said
the only expenditure which varied by 10 percent and 510,000 is
administrative expenses for insurance. Abel said RFTA's
insurance runs from July 1 to June 30, so when the budget is
adopted, the insurance costs are unknowns. Abel said the transit
industry has been hit very hard in terms of insurance. The
premiums in July 1986 doubled. This was not reflective of t he
system's loss experience but that premiums are going up
drastically. The budget for insurance was 5168,000 and the
actual insurance was $295,000.
Abel pointed out that bus fare revenues both through ridership
and skier shuttle services were higher than anticipated. Abel
said 1986 was projected for a 545,000 operating surplus. The
actual operating surplus was 590,000. Abel told Council the bus
acquisition grant was concluded in 1986 and was brought in under
budget. RFTA was able to return some funding to the federal
government and deobligate some expenses. The bus maintenance
facility is being closed out and the expenditures were less than
anticipated. The capital projects funds was established to
install bus shelters throughout the community. T here were 10
shelters purchased and 7 were actually installed. Abel told
Council they will carry money into 1987 to do the installation of
the remaining 3 bus shelters.
Abel told Council in 1986 there were increases in ridership on
the city routes of 1.5 percent, on the down valley routes 3.4
percent, on the M.A.A. routes 10.5 percent, and Maroon Bells
increased by 12.5 percent. There was a decrease in the Ski
Company routes in 1986. The total increase in ridership was 1.5
percent.
Mayor Stirling opened the public hearing. There were no
comments. Mayor Stirling closed the public hearing.
Councilwoman Fallin moved to adopt RFTA Resolution 87-4; seconded
by Councilwoman Walls. All in favor, motion carried.
Mayor Stirling asked what the scheduled work on Rubey park is.
Abel told Council the conceptual plan for Rubey park improvements
has been submitted to the planning office for their review and
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Regular Meeting Aspen City Council. Mav 11. 1987.
they anticipate P & Z review at the first meeting in June. Abel
said he has been working with the Ru bey park task force,
representatives of the city, RFTA, CCLC, and lodge improvement
district. Abel told Council they h ope to have all approvals and
to be able to break ground in September. Mayor Stirling as ke d
what is happening wi th the b us lane study. Abel said he has not
put out request for proposals but has used some past work to
draf t RFPs .
Abel told Council RFTA began using low sulphur diesel fuel in
April. This is acknowledged as being the most cost effective and
efficient way to minimize particulate emissions from diesel
engines. Abel said a diesel engine emits sulphur, which is not a
particulate emission but interacts with the environment and forms
a sulphur-based particulate emission. This fuel will help cut
out about 60 percent of particulate emission from diesel engines.
Abel said the key issue RFTA has to address is what will be the
fuel of the 1990s. Abel told Council they have specifications
for small buses but are waiting to see the power sources for
these buses.
PROCLAMATION - Aspen School District Staff
Mayor Stirling said this proclamation recognizes all people
working in the school system, support staff, teachers and school
board. The city Council is declaring the week of May 11 to May
17 as Aspen School District Staff Appreciation Week. Mayor
Stirling read the proclamation and presented it to
representatives of the school district.
CITIZEN COMMENTS
1. Jess Graber on behalf of the Aspen Volunteer Fire Department
petitioned Council to give some golf passes to the fire
department. Graber told Council the fire department got golf
passes last year. Assistant City Manager Mitchell said Council
gave the fire department 3 punch passes, value $450, twice last
year.
Mayor Stirling moved to add golf
item; seconded by Councilwoman
carried.
passes to the agenda as the last
Walls. All in favor, motion
COUNCILMEMBER COMMENTS
1. Councilwoman Walls told Council as part of the Sister City
program, there will be 20 school children f rom Chamonix, France,
coming to Colorado and Aspen. They will be hosted by local
families. The children will go to Dinosaur park and Canyon
2
Regular Meeting Aspen City Council ~av 11. 1987
lands. There will be a barbecue sponsored by the Rotary on May
19th. Next year, children from Aspen will go to Chamonix.
2. Mayor Stirling said the county manager has resigned. Also
the request for bonds to renovate city hall was turned down by
the voters. Mayor Stirling said these to events warrant a
discussion with the county commissioners to discuss a joint
managers role or what the alternatives are. Council scheduled a
meeting with the commissioners on May 18th at 5 p.m.
3. Mayor Stirling said the voters have spoken clearly about the
8th penny. Mayor Stirling said this vote should not obscure a
fundamental need for major improvements and possible replacement
of the existing ice rink. Mayor Stirling said the city needs
both improvements to the existing rink and an outdoor rink.
Mayor Stirling said the city should replace the cooling system,
the boards, vacate the alley on the south side of the building
and vacate Second street from south Hyman to the alley, talk
about redoing the shell of the building, and discuss
private/public funding. Councilwoman Fallin said she is against
putting any money into the existing building. Councilwoman
Fallin said the ice rink does not belong in its present location;
there is too great an impact on the neighborhood. Councilman
Collins said this is a capital improvement and it may be better
for the new Council to look at the needs and priorities in the 5
year capital improvement program.
4. City Manager Bob Anderson said Council previously discussed
signing of the downtown intersections. Staff is unclear about
Council's directions. Anderson told Council staff looked at
signing all the intersections "No Parking Here to Corner" and the
price is between $8,000 and $10,000. Mayor Stirling suggested
staff bring this back to the new Council in June.
5. City Manager Bob Anderson told Council Dallas Everhart,
finance department, has been sentenced. Everhart wa s give n 10
days in jail, during which time he is suspended from city employ
without pay. Anderson told Council Everhart will be on probation
with the city the same time he is on with probation in the Court.
Anderson told Council there is a conference sponsored by COG on
drugs in the work place. Staff will be attending that before
compiling the policy statement on drugs.
ORDINANCE #15, SERIES OF 1987 - Elimination of Vendor's Fees
Cindy Shafer, finance director, told Council this would bring
$58,000 annual revenue to the land fund. This is on the city's
6th penny tax, and the only place the city can change the
vendor's fee. Ms. Shafer said the state only allows these
changes effective July 1 or January 1 with 45 days notice. In
3
Regular McPtina Aspen City Counc~ l ~y 11. 1987
order for this to take effect in July 1, 1987 , this ordinance
will have to be passed at this meeting.
Mayor Stirling opened the public hearing. There were no
comments. Mayor Stirling closed the public hearing.
Councilwoman Fallin moved to adopt Ordinance #15, Series of 1987,
on second reading; seconded by Councilwoman Walls.
Councilwoman Walls said these fees are small; however,
collectively it is important to the city to help the land f und.
Mayor Stirling said he is really opposed to this ordinance. This
money is a direct benefit to each tax collector for collecting
their taxes. Councilman Collins said this is something the
merchants should be able to retain. There is a lot of paperwork
for small business people and they should get the vendors f ee.
Councilwoman Fallin said the paperwork is minimal and 3-1/3
percent of 1 percent to a business person is minimal.
Councilwoman Fallin said the aggregate is a better benefit to the
city's land fund. Mayor Stirling said is one way that money gets
back to citizens, which is rare.
Roll call vote; Councilmembers Collins, no; Walls, no; Fallin,
yes; Mayor Stirling, no. Motion NOT carried.
ORDI-i~TANCE #17, SERIES OF 1987 - Refunding 1985 Sales Tax Bonds
Cindy Shafer, finance director, recommended tabling this and the
next ordinance until the bond market changes.
Mayor Stirling opened the public hearing. There were no
comments. Mayor Stirling closed the public hearing.
Councilwoman Walls moved to table Ordinance #17, Series of 1987,
until May 26, 1987; seconded by Councilwoman Fallin. All in
favor, motion carried.
ORDINANCE #18, SERIES OF 1987 - Maroon Creek Hydropower Bonds
Mayor Stirling opened the public hearing. There were no
comments. Mayor Stirling closed the public hearing.
Councilwoman Fallin moved to table Ordinance #18, Series of 1987,
until May 26, 1987; seconded by Councilman Collins. All in
favor, motion carried.
ORDINANCE #19, SERIES OF 1987 - Appropriations
Cindy Shafer, finance director, said this ordinance appropriates
revenues and expenditures in the police pension funds from 1986
4
Regular Meeting Aspen Citv Council Mav 11. 1987
and is an accounting issues which has to be dealt with. Ms.
Shafer told Council the revenues exceed the expenditures.
Mayor Stirling opened the public hearing. There were no
comments. Mayor Stirling closed the public hearing.
Councilman Collins moved to adopt Ordinance #19, Series of 1987,
on second reading; seconded by Councilwoman Fallin. Roll call
vote; Councilmembers Fallin, yes; Collins, yes; Walls, yes; Mayor
Stirling, yes. Motion carried.
ORDINANCE #11. SERIES OF _1987 - Historic Preservation Code
Amendments
Steve Burstein, planning office, said this ordinance reflects the
changes requested by Council at the last meeting. The primary
concern was that the property owners of structures rated 4 and 5
and under demolition review had not been notified. Burstein told
Council staff has sent letter to owners of the structures, as
well as noticed this hearing. Burstein pointed out the notice
for special meetings has been changed to include delivery to
member's usual place of residence. Burstein told Council the
quorum provision, if there is not quorum within 3 meetings a
project is approved, has been deleted
Burstein pointed out that ratifying by Council the score of
structure given by HPC, has been included in the ordinance.
Burstein said the ordinance has left out any particular reference
to who has standing in an appeal process, implying that more than
just the applicant has standing. City Attorney Taddune stated an
individual has standing and can appeal; the ordinance does not
try to divine who has standing and who does not. Taddune noted
this language is similar to the language in the Code regarding
appeals. Burstein suggested the ordinance be amended to include
a process for rating of the structures on the inventory be
subject to appeal. Taddune said the Council has the ability to
review any decision the HPC takes effecting real estate. Mayor
Stirling said if every action for appeal is listed, one may be
missed. Mayor Stirling said he would prefer to leave it as broad
as possible with the understanding that any kind of action may be
appealed. Burstein said the rating of structures is not part of
the approval or disapproval of development or demolition and that
particular action should be included in the ordinance. Burstein
recommended this be added to section 24-9.7 ta) . Taddune said if
Council wants to allow ratings to be appealed, this could be
included in the legislative history. Taddune said the first
reading of this ordinance limited the ability to appeal and staff
wanted to add a generic appeal provision. Taddune pointed out
that rating is not a development activity. Taddune suggested
adding "or in rating a structure" in that paragraph.
5
Regular Meeting Aspen CitX Council ~y 11. 1987
Burstein said the primary advantages of this ordinance are to
clarify to procedures of HPC, expedite the minor review processes
and create a more comprehensive demolition process.
Mayor Stirling opened the public hearing.
Gideon Kaufman said one problem the HPC has had for a long time
is getting quorums. This creates hardships for applicants in the
approval process. Kaufman said the compromise put into the
ordinance was if the HPC was unable to get a quorum 3 times in a
row, the application was deemed approved. Kaufman said he feels
it is not unreasonable for an applicant to get approval if he
goes to 3 meetings and there is not a quorum. Kaufman said one
of his clients was given a 4 rating. This person has had a
structural report done on the property showing severe problem s
with the structure. Kaufman said a 4 is not a suitable rating
for this property. Mayor Stirling said this should be dealt with
in a separate hearing. Mayor Stirling said Council has discussed
the 3 meeting issue and deemed it was in the best interest of the
citizens because of possible abuse to delete that provision from
the ordinance.
Norma Dolle said she feels if people are going to have their
structures designated historic, they ought to be able to get tax
be nefits out of the designation. Mayor Stirling said the next
issue on the agenda is discussion of an incentive program.
Reinhard Elder, 202 North Monarch, told Council putting his house
historic will lower his property values. Mayor Stirling said
this ordinance requires structures rated 4 or 5 will have to go
before the HPC for a one-step review. Alan Richman, planning
director, told Council there are a series of tests and questions
to be gone through in reviewing demolition requests, like quality
of a structure, can it be rehabilitated. Richman said if the
structure is not sound or there are no uses to which to structure
can be put, demolition would be granted Councilman Collins said
this seems like it is making historic review a mandatory
situation. Council has not explored the incentive program yet.
Councilman Collins said he thought this was a voluntary program
with incentives to make the program work.
Richman said each specific demolition case will require a
specific technique to resolve the problem. Richman said the
Council expressed a concern about demolition of historic
structures. Georgeann Waggaman, chairman HPC, said the intention
is not to penalize anyone in the community. The point is to
protect buildings in the community. Ms. Waggaman said if someone
is under undue hardship, the Council and HPC will not insist on
them retaining their building. Burstein said the standards for
review explain what has to be found, like the structure is
6
Regular Meeting Aspen Citv Council ~ 11. 1987
unsound, it cannot be rehabilitated, it cannot be moved. Richman
suggested in the whereas statements, there can be a paragraph as
to what Council's intention was in adopting legislation so that
people can have understanding about the history. Richman said if
the process is to be a negotiated process, that can be added to
the whereas sections. Kaufman pointed out the Council added an
appeal process for the ratings of structures, and the time period
for these structures may be passed. Richman said the ratings
will go into effect when Council ratifies this ordinance.
Council requested that clarification be added to the ordinance.
Dick B utera suggested the ordinance also say that the intent is
not to hurt people economically nor confiscate their properties
that they have preserved.
Mayor Stirling closed the public hearing.
Burstein read language for the whereas section, "It is the
intention of the demolition provisions to provide negotiations
between the city and the applicant to come to a mutually
acceptable agreement". Richman suggested that paragraph also
reflect the intent not to impose economic penalties. Council
agreed with this change. Council agreed to add that the ratings
of structures are appealable f rom 60 days of the adoption of
Ordinance #11. Richman said staff tried hard to define in the
ordinance how economics are analyzed, talks about market value,
estimates for architects, real estate agent, developer,
appraiser, etc. Richman said the intent statement is that this
ordinance is trying to avoid putting economic hardship on
applicants.
Councilwoman Walls moved to adopt Ordinance #11, Series of 1987,
as amended on second reading; seconded by Councilwoman Fallin.
Roll call vote; Councilmembers Fallin, yes; Collins, yes; Walls,
yes; Mayor Stirling, yes. Motion carried.
ORDINANCE #20. SERIE-S OF 1987 - Historic Preservation Incentives
Councilman Collins moved to read Ordinance #20, Series of 1987;
seconded by Councilwoman Walls. All in favor, motion carried.
ORDINANCE #20
(Series of 1987)
AN ORDINANCE OF CITY COUNCIL AMENDING VARIOUS
PROVISIONS OF CHAPTER 24 (ZONING) OF THE MUNICIPAL CODE
INCLUDING DEFINITIONS, SECTION 24-3.1 OF THE MUNICIPAL
CODE; THE TABLE OF CONDITIONAL USES APPEARING IN
SECTION 24-3.2, PERTAINING TO RESIDENTIAL ZONE
DISTRICTS; AREA AND BULK REQUIREMENTS, SECTION 24-3.4;
MEASURING FLOOR AREA FOR FLOOR AREA RATIO AND ALLOWABLE
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Re4ular Meeting Aspen City Council ~av 11. 1987
FLOOR AREA, SECTION 24-3.7 (e) (2) ; NUMBER PARKING SPACES
REQUIRED, SECTION 24-4.5; BUSINESS ADVERTISING OR
IDENTIFICATION SIGN, SECTION 24-5.10 AND HISTORIC
OVERLAY DISTRICT AND HISTORIC LANDMARKS, SECTION 24-
9 (c) (1) (i ) TO CREATE INCENTIVES FOR DESIGNATED H ISTORIC
STRUCTURES IN RESIDENTIAL ZONE DISTRICTS was read by
the city clerk
Councilwoman Walls moved to adopt Ordinance #20, Series of 1987,
on first reading; seconded by Councilman Collins.
Steve Burstein, planning off ice, told Council the f inancial
incentives are not included in this ordinance and should have a
separate ordinance. Burstein told Council staff needs direction
on which financial incentives Council is interested in before
going through the research to draft ordinances. Burstein said
the purpose is to devise positive incentives to attract property
owners to voluntarily designate their properties historic. The
focus in ordinance #20 is on residential structures. These are
located in R-6, R-15 and 0, office zones and are mixed in size,
stature, structural soundness.
Burstein told Council incentives should be consistent with the
zone district and land use patterns, should meet the goals and
objectives of the historic preservation plan element, such as
providing economically attractive uses, encourage restoration and
discourage demolition, and the city has to have the financial
ability to implement incentives. Burstein said the primary
emphasis at this time is land use incentives.
Burstein told Council 5 conditional uses are being considered in
the residential zone district; bed and breakfast, boarding house,
professional office, barber and beauty parlor, and detached
single family dwelling units or duplexes. Another conditional
use in the office zone is bed and breakfast. Burstein pointed
out there are variations in the area and bulk requirements, which
would allow latitude in what owners can do with their properties,
like an increase in the FAR, expansion into the established
setbacks and the minimum space between the accessory and main
buildings. The parking requirements and signs in the residential
districts would be subject to special review. Burstein said the
ordinance states that garages should not be exempt on a sub-
standard lot. Burstein said the proposed ordinance allows in the
R-6 zone with 4500 square feet would constitute a legal minimum
lot area for a historic structure.
Councilwoman Fallin said she has problems with the R-6 zone
having bed and breakfast, boarding houses, and professional
off ices. This would be a large impact on a residential area,
like the west end. Councilwoman Fallin said these uses in the
8
Reaul ar Meetrna Aspen_City -Council ~av 11 L_ 1987
RMF and Office zones are fine. Burstein reminded Council that
conditional uses are reviewed by P & Z. Mayor Stirling pointed
out the west end has many homes that are being used f or short
term use currently. The bed and breakfast concept is already in
use informally without the impacts, like parking, being
addressed. Mayor Stirling said he would like to see ways through
incentives to retain some open space.
Roll call vote; Councilmembers Collins, no; Walls, yes; Fallin,
no; Mayor Stirling, yes. Motion NOT carried.
Councilwoman Fallin said she is in favor of the concept but not
the uses of bed and breakfast and boarding houses in the R-6
zone. Council directed staff to rework this and bring it back in
June.
Burstein's memorandum presented a list of suggested financial
incentives. Burstein told Council a work session would be
appropriate. Burstein said the creation of a local historic
preservation trust is a multi-purpose public/private concept that
would have the ability to get into property involvement with
owners to offer certain services. Burstein told Council this
concept has worked in other cities. This would take some outside
interest besides j ust city hall.
Another financial incentives is the property tax rebates, which
might include a full reduction f or all designated property, a
reduction for newly designated properties, or a reduction on a
limited time basis. Burstein told Council the finance department
does have problems making this a manageable program. If Council
is interested, staff will pursue this type of incentive. Another
type of incentive is the grant to property owners for
designation, which upon designation a property owner would
receive a certain sum.
Another suggested incentive is reduction in water and electric
rates. This program does have some manageability problems.
There could be a real estate transfer tax waiver; however, since
this money is earmarked for the Wheeler, it may not be
appropriate. Burstein told Council staff has discussed the
building permit feel waiver for restoration work and feels there
is potential for this program. This would be focused and would
encourage people to do restoration work. The transfer of
development rights program may have potential but it is very
complicated. Burstein noted staff also listed some private
sector benefits.
Councilman Collins said he does not see a great deal of economic
incentives in the list. Councilwoman Fallin asked if staff has
researched other communities and their possible incentives.
9
Regular Meeting- ------ Aspen City Council M~v 11. 1987
Burstein said he hasn't found many programs; it is not an area
that has been well done. Councilwoman Fallin said she is
interested in all of the ideas, except the RETT waiver. Mayor
Stirling said the creation of a local historic preservation trust
has some interesting possibilities. Mayor Stirling said the
compilation of the programs could be quite significant,
especially over time. Mayor Stirling agreed the RETT is
earmarked for the arts and should not be diminished.
Mayor Stirling moved to direct staff to continue to pursue
financial incentives listed in the memo numbers l,(creation of a
local historic preservation trust) 2, (property tax rebates) 3,
(Grant to property owners for designation) 4, (reductions in
water and electric rates) 6, (building permit fee waiver for
restoration work) and 8 (private sector benefits); seconded by
Councilwoman Fallin.
Mayor Stirling said he feels that TDRs is too esoteric to deal
with at this point. City Manager Bob Anderson said the reduction
of electric and Ovate r rate s is weak as it gets involved with
dealing with owners and tenants. This also weakens the utility
fund, which is supposed to be self-supporting. This program is
not as straight forward, like property tax rebate which is
connected with property values. Councilman Collins asked if
there is a way to compare the potential of making money with a
property versus these type of incentives. Dick Butera pointed
out the GMP restricts the number of lots available to builders
and forces the price up. Butera suggested as an incentive a fast
track approval process and removal of employee housing
requirements. Mayor Stirling said the development going on in
the west end currently requires no development approvals.
Gideon Kaufman said Council has already adopted Ordinance #11,
which imposes certain restrictions. Kaufman said the incentive
program needs more work to reward people to designate their
structures and also to entice more people to come in voluntarily.
Kaufman said he does not feel there is enough in the program for
its goals. Alan Richman, planning director, agreed there is
additional work to be done on the incentives program. Richman
told Council the planning office has contacted the state
historical preservation office, and Aspen is in their
jurisdiction and would be eligible for grant money. Richman
proposed staff submit an application to go forward with the
incentives program and get some advice to help in the program.
Mayor Stirling amended his motion to include instructing the
planning office to seek grant money from the state historic
office; seconded by Councilwoman Fallin.
10
Regular Meeting ----- -Aspen- pity--Council. day 11~ 1987
Councilwoman Fallin asked if the staff would research cities that
have historic district and see if they have any programs.
Richman said staff has contacted the National Trust in Washington
D.C. and in Denver and has contacted the national planning
organization. Richman said staff does not f eel the program has
gone as far as it could; this is the first step. Councilwoman
Fallin said she feels this need more study; her intention was not
to stop the process but to see more work.
All in favor, motion carried.
Wainwright Dawson asked if the city has sent letters to property
owners asking for their suggestions in an incentive program.
Richman said public hearings have been held but that specific
question has not been asked.
ASPEN MO~NT~3-N- --5'~~-- A~E~_ MASTER- - PLAN___AMENDMENT
Glenn Horn, planning office, asked Council for informal referral
comments to be passed onto the Commissioners, who have the final
vote on the ski area master plan. Fred Smith, Aspen Ski
Company, reminded Council they went through the master plan two
years ago. Some options and alternatives were looked at at the
time. One of these was the possibility of a gondola on Aspen
mountain. The determination to proceed with a gondola put into
effect other choices. Smith told Council the applicant took the
operating plan from last year and worked on an amendment to the
master plan to look at the changed conditions on Aspen mountain.
Smith said when the gondola was discussed during the master plan,
it was felt operating the gondola in the summertime would be a
benefit to Aspen. Smith said one of the amendment s they have
looked at is a major renovation of the Sundeck restaurant. Smith
told Council the Pitkin County P & Z has determined this would
require a GMP quota allocation. Another amendment is the
operation of the gondola from June to September or October.
Smith said the applicant has asked for operation during non-
traditional hours, like until 10 pm. both winter and summer. The
Skiing Company has also asked f or relocation of the maintenance
facility. Smith said examining the maintenance facility
operation, it has been determined it would be more appropriately
located on the top of the mountain. Smith said the applicant is
asking for approval to re-locate the ski patrol facility and to
tear down the existing bunkhouse. Smith told Council in order to
create a park like setting, the applicants have asked for an area
in which motor vehicle traffic is discouraged and that the Aspen
mountain road be restricted during times of operation of the
gondola. Smith said they request a 1200 square foot addition to
the gondola building on the south side to accommodate the food
service plan.
11
Regula-r Meting - - -Aspen City--Council May 11. 1987
Glenn Horn said the parts of the proposals which may have a
significant impact on the city are the gondola and the operation
of the Sundeck with respect to parking. Horn said it is
difficult to determine these impacts on parking; however, the
engineering department points out that the greatest amount of
traffic in Aspen is in the summer. Staff suggests monitoring
parking during the first year of operation to see what the
impacts may be and discuss with the applicant mitigating these
impacts after a summer of operation. Mayor Stirling asked how
the city could reopen the question of parking if there is not an
exact amendment requested. Horn said if Council would like t o
reopen the issue after this summer, Council would have to make
that request to the Commissioners to make a condition in the
amendment approval to address the mitigation of parking.
Horn pointed out the 46 parking spaces required in the master
plan were meant to mitigate the incremental increase of uphill
capacity from 3,000 to 4300 skiers per day. Theoretically, those
46 spaces will not be used in the summer time and could be used
to mitigate the parking impacts in the summer. Smith told
Council the 46 parking spaces have not been located. The Skiing
Company committed to a list of options for these spaces, like
constructing them on site, or joining a district or contributing
cash-in-lieu.
Horn told Council staff feels the relocation of the maintenance
building is in the city's best interest. It makes sense this be
at the top of the mountain where it has no visual impact on the
city. Horn said the special events building is an issue of
concern. The existing building on lA affects some city
properties, like Mountain Queen condominiums. Horn reported
staff is working with the applicant to find a permanent solution
to the special events building satisfactory to all parties.
Horn told Council the Aspen mountain road restriction to
motorized access would have a positive effect on the city in
terms of keeping dust down. There is a question regarding access
to public lands. Horn said the Skiing Company is willing to work
with special groups for access to the mountain but they are very
concerned about the liability situation on the mountain. Horn
said the expansion of the restaurant may necessitate extending
the water lines. The Skiing Company is trying to work with their
existing water rights to provide the water. Horn said staff
would like direction from Council about the gondola operation and
the parking impacts.
Mayor Stirling said he feels these improvements are much needed
and a great benefit to the town. Mayor Stirling pointed out the
city's budget is based on sales tax revenue, which means skiing.
12
Regular--Meeting--- - -aspen pity -Co-uncil May 11. 1987
Mayor Stirling said he had wanted to make an affordable pas s a
condition of approval of the Ski Company's hotel application.
The city does not get any tax for operation of the mountain.
Mayor Stirling said he has heard a lot of negative comments about
the pricing of the Ski Company's lift tickets. Mayor Stirling
said people are concerned that Aspen's economy is threatened by
the proposed pricing on the lift tickets. Mayor Stirling said
the city needs a satisfactory resolution on the pricing issue
before Council makes any recommendations of these requested
improvements.
Councilman Coll ins said Council approved changes on Aspen
mountain awhile ago. The Ski Company implemented the changes and
they have been positive. Councilman Collins said to hold in
ransom anything that might improve the mountain may not be the
best strategic decision for the city. Councilman Collins said if
Council has problems with pricing, that is a separate issue to be
resolved.
Councilwoman Fallin agreed and noted the Ski Company is asking
for a recommendation to the Commissioners, who have to give
approval. Councilwoman Fallin said it would be short sighted of
Council not to make comments on the requested improvements.
Councilwoman Fallin said she feels it would be helpful if the Ski
Company, city and county discuss what the pricing impacts mean to
the city. Councilwoman Fallin said she would like to see summer
operation of a gondola. Councilwoman Fallin said if the Sundeck
restaurant is open and alcohol is being served, she would like to
see the road closed. Councilwoman Fallin said the parking
impacts this summer should be measured but the city needs to get
their thoughts in order on plans for the parking problem.
Councilwoman Fallin said it is to the city's benefit to have the
maintenance building moved to the top of the mountain.
Smith pointed out the county has been dealing with the question
of a nighttime operation on Aspen mountain. Councilwoman Fallin
said she does not have a problem with the Sundeck operating at
night, because the gondola runs there. The problem with Ruthie's
operation is the transportation. Councilwoman Walls said one of
the reasons Council encouraged the Ski Company to build a gondola
was the impacts on the summer tourism and as an amenity for
summer visitors. Councilwoman Walls said the Sundec k could be
open at night in the summer; people would have a way to get down
with the gondola. Councilwoman Walls said she would be opposed
to keeping the Sundeck open at night in the winter.
Horn told Council the staff recommendation will be that the
gondola be permitted to operate until 6 p.m. in the winter. Horn
said they hope this will relieve congestion on the mountain at
the end of the day. Horn said staff recommends in the summer the
13
Regular M~et-i-na __ ----Aspen---City ~o-uncii Mav 11, 1987
gondola remain open until dusk, 9 p.m. Horn said the
philosophical issue is whether a mountaintop should have
activities. This is located in the AF/ski zone, and the
activities on the mountain should be accessory to the skiing
activities and not a sole purpose use.
Mayor Stirling moved that the City Council requires a
satisfactory resolution with the Aspen Skiing Company of the
pricing proposals in two specific areas; the daily rate on Aspen
mountain, that it be reduced, and that an additional 2 day a week
pass be provided f or locals and that Council not recommend any
improvements to the county until this is resolved. Motion DIES
for lack of a second.
A citizen said he would like not to see the Skiing Company get
anything until they have done something for the locals. Richard
Rot h said he has been circulating a petition asking members of
the community to come to public meeting with the Skiing Company
to discuss these issues. Roth told Council he has received over
800 signatures. Roth asked Council not to take any action on
this request until there is a meeting on these issues. Roth said
they have scheduled a meeting for May 14, 1987 at 5:00 at city
hall. Richard Compton said the Skiing Company should invest in
the people of the town as well as in capital equipment. Jon
Busch said these events point out the need f or the town to work
more closely in marketing with the Ski Company. Norma Dolle said
many lodges cater to college people and middle income people.
Ms. Dolle said the town needs a wide spread of tourists in town.
Jeannette Darnauer said she believes communication between the
governments, people and Skiing Company is vital to the overall
success of the town. The issue of affordability in the town has
been raised.
Mayor Stirling moved to table any further consideration of this
particular issue in terms of a specific recommendation to the
county until there are resolutions about the pricing issues.
Councilman Collins said this is two different issues, and one is
an application for improvements to the mountain. Councilman
Collins said he feels Council should address this application so
the improvements can be made this summer. The issue about the
ski pass will have to be addressed but these two issues cannot be
meshed.
Councilman Collins moved to send a favorable recommendation to
the Commissioners for the items listed in the memorandum from
Horn. Mayor Stirling said staff only wants comments to be passed
along in a letter to the county. Mayor Stirling requested on or
before January 1988 the issue of parking be readdressed if there
is not a community-wide solution in progress.
14
Regular Me-etirnr------- A-s~en- Ci-ty--Council Mall-. 1987
RED ROOF` -iI~N-PRflPC1~S
City Manager Bob Anderson submitted a memorandum recommending
Council narrow the selection to 3 proposals, focus on these more
deeply, and set a time for selection. Anderson said there were 7
proposals submitted in a timely manner, and one request for
extension, which Council decided not to consider. Anderson told
Council he had a submission today from Joshua Saslove. Anderson
summarized the proposals outlining the economic proposals and
what each plan to do with the property. Anderson told Council
the city has received earnest money from all 7 proposers.
Anderson said he has not studied Saslove's proposals as he does
not know if the city wants to formally accept it. Councilwoman
Fallin said she is not willing to consider Saslove's proposal.
The Council has been talking about this for a long time. There
are 7 groups that have made a proposal in good faith. Anderson
explained to Council earlier he extended to Butera and to Saslove
an opportunity to get into the proposal process. Council turned
down another request to get into the process after a certain
deadline. Joshua Saslove said when he presented a proposal
earlier, Council asked for time to look at other proposals.
Saslove said he is asking for the same consideration. Saslove
said his offer is sincere and is accompanied by a cashier's
check. Councilman Collins said when Council started this
process, they had an adopted procedure and have tried to stick
with that. Councilman Collins said Council should continue with
the policy and not consider this proposal. Mayor Stirling said
there has to be reliance on the process.
Mayor Stirling said the offers range from 51,350,000 to
52,350,000 and from nothing down to variations in between. The
Aspen Real Estates offer is 52,000,000 with nothing down and
5400,000 to 5764,000 renovations, 25 year amortization with a
balloon at 15 years and interests rates between 3 and 9 percent.
This proposal is to make the Red Roof a sports learning center
for tennis and golf. Earl Schennum's proposal is 51,500,000 with
$250,000 down. This would be a family-lodge operation, and they
have experience in lodge operation. Thomas Lacy's proposal is
$1,350,000 giving the city ownership of the tennis courts of 20
years. The Infotel proposal is 52,250,000 cash closing in 1987,
52,350,000 financing for 18 months or 52,500,000 with a 20 year
fixed and down payment of 5500,000. Infotel would run series
of conferences. Steve Conger told said they propose 51,000,000
worth of improvements to the property. Councilwoman Fallin asked
if they are willing to provide support facilities to the golf
course. Conger said they are willing to provide facilities
15
Re-aul-ar- -Meeting--_.______A~pe~y _ Coun~:,~ M~v 11. 1..98
Carrollton/Dominion Investment group proposal is $2,000,000 with
zero down, allow for repair and renovation interest only at 9
percent monthly and $600 , 000 cash at 24 months. Conger said
Infotel also plans on running sports related activities at the
lodge. The Carrollton/Dominion will run seminar groups, large
and small, short term classes, tennis and golf tournaments. The
Music Associates propose to purchase the property for 52,000,000
with 5250,000 down. The M.A.A. is asking the city to pay the
cost of renovations between 5250 ,000 and 5500 ,000. The M.A.A.
would make payments of principle and interest at 5 percent for 25
years. The M.A.A. would use this for their faculty and students
in the summer and rent to other groups in the community the rest
of the year. Jesse Berger said this facility would help the
M.A.A. answer a problem that is getting worse every year. The
last proposal is the Trust for Public Property. The city would
donate title to the Trust, they would operate and pay the city 75
percent of the profits. Councilwoman Fallin said she would like
this proposal rejected because it does not explain exactly what
they want to do, or who the principles are.
Councilwoman Fallin said she will only favor a cash deal and will
not consider any proposal s that will not put any money down.
Councilman Collins said the proposal from Infotel is way ahead of
the other proposals and sounds like an exciting program and
something that would be an asset to the community. Councilman
Collins said the fact that Infotel plans to pay cash and to put
money into renovation, he would prefer to start to negotiate with
Infotel rather than reduce the l i st of proposals t o three.
Mayor Stirling said Councilman Isaac would 1 ike to see the 1 ist
shortened to three. Mayor Stirling said money is an important
consideration but the perceived benefit to the community should
be looked at also. Mayor Stirling proposed Council narrow the
list to 3 proposals and direct staff to do any follow up.
Councilman Collins said it is a benefit to the entire community
to be able to get the cash up front for the Red Roof and to put
it to another project. Councilman Collins said this proposal is
so far ahead of the others he is not inclined to narrow the list
to 3. Councilman Collins said this proposal is worth pursuing
further and let the applicant prove they have the wherewithal to
carry it out.
Councilman Collins moved the city moved to negotiate with Inf otel
Partners on the basis of the offer submitted; seconded by
Councilwoman Fallin.
Councilwoman Walls said she had earlier agreed that she was not
interested in a proposal that was not based on cash payment.
Councilman Collins agreed the city ought to negotiate with
Inf otel and give them first chance. Councilwoman Fallin agreed
16
Regular ~etr-rrcr-___.-. __~pe.n.__.~~~_~ounci3 Mai 11 .- 1987
she is only interested in cash proposals and would like to
negotiate with Infotel. Mayor Stirling said he would like to see
the list of proposals narrowed to 3. Cash up front is not the
only determining factor. Dick Butera urged Council to take the
Infotel offer. Butera said he still stands behind his offer; it
was never made clear the city was interested in cash. Butera
told Council it would be nice to have Vic Braden come to the
community. Michael Gassman said the Council should look at
several proposals before making a deal with Infotel. Gassman
said this property has never made it as a lodge. Gassman said
the public interest is not served by having this property t urn
over every several years.
All in favor, with the exception of Mayor Stirling. Motion
carried.
Council said they would like the negotiations to be finalized as
quickly as possible. City Manager Bob Anderson reminded Council
the city is holding $10,000 from all bidders. Anderson asked for
a direction from Council. Mayor Stirling said the other 6
earnest money checks should be returned. Tom Lacy said he was
still interested if this proposal falls through; the M.A.A.
indicated they were still interested; Butera indicated he was
still interested. Mayor Stirling suggested the earnest money
from Infotel should be placed in an interest bearing account.
LIOUOR -hI£~-i~~--i~-EARi-NG - Lauretta's of Aspen
Mayor Stirling opened the public hearing for a beer and wine
license at 308 South Hunter. City Clerk Koch reported the files,
posting and publication are in order. Mayor Stirling closed the
public hearing.
Councilwoman Fallin moved that based
the public hearing held May 11, 1987,
for Lauretta's of Aspen for a beer
Council finds that the needs of the
meet and the license as applied for
by Councilman Collins. All in favor,
on the evidence presented at
relating to the application
and wine license, the City
neighborhood have not bee n
is hereby granted; seconded
motion carried.
ROAFtI~ _-~`ORK--~ALL-E'Y - ~i~'rf` -i~-A~---VET~~Ait~S -M~M0~-2-IAL
Rick Bush brought up Council's resolution #17-1984, in which the
Council identified itself positively with the idea of a memorial
in the Roaring Fork Valley. Busch said since this time, the
committee has obtained the Commissioners' approval on final site
plan and design concept approval. The HPC has approved the
design concept of the memorial. The committee has a 6 ton piece
of marble, which is at the sculptor's studio. This will be a 36
inch base of white striated marble from Marble, Colorado. This
17
Re au 1 a r -Me-etrn~--- --- --- _ _A-sp=Y -eo-un ~ i 1 ~v- 11-. 1-9 8
is the same quarry which provided the marble for the Tomb of the
Unknown Soldier and the Lincoln Memorial. The round spheres
supporting the memorial are also indigenous memorial, travertine
from Canyon City.
Bush showed a plan of the memorial on the eastern lawn of the
Courthouse. The southern f rout of the memorial will have a
dedicatory statement. The top of the memorial will have a 30
inch bronze star, each point of which will be the insignia of the
5 branches that served in Viet Nam. The center of the bronze
star will have a depression where people may insert candles.
Bush told Council they plan a twilight candlelight dedication
ceremony in August 9, 1987. Bush said they are planning other
activities during that week, like an exhibition of art work of
Viet Nam veterans. Bush said the theme of the memorial i s t o
continue the healing process began with the dedication of the
memorial in Washington D.C. Bush said they would like to put
together a video done by Roaring Fork Viet Nam veterans to be
shown at the Wheeler.
Bush said the Roaring Fork Viet Nam Veterans are currently fund
raising and requested Council consider matching the county
contribution of 51 per every Viet Nam era veteran resident in
Pitkin County, a total of $926.00 Bush said the memorial
committee would be interested in any suggestions for events to
occur during the week before the dedication. Mayor Stirling
pointed out the Wheeler is leased to the M.A.A. for the entire
summer, but the city could see if there is a vacant night that
week. Hal Clark said this is not a typical war memorial but a
memorial to express the suffering experienced by many people
involved in the war.
Councilman Coll ins moved to contribute 52,000 towards the
memorial from Council's contingency f und; seconded by
Councilwoman Fallin.
Councilwoman Walls suggested the site of the Memorial may be used
as a peace rally next Mother's Day. Bush told Council they have
raised almost 54,000 towards a budget of 510,000.
All in favor, motion carried.
Council put off the Reeder Annexation to May 26; the Ruedi Water
and Power Authority to May 26.
~URS~ ~-- CRT - Spo r t S t a l k e r
Elyse Elliott, engineering department, told Council this request
is that an awning removed during renovation be reconstructed.
The old awning extended 6 feet into the sidewalk on both Hopkins
18
~e aura-r -~e-e t-i-n-cr--- -------Asrne-n--_~ ~-__-Co u~_ ~ Nia~ .11. 1-9 8
and Galena. The applicant is requesting a 5-1/2 foot awning.
The referral agencies have no problems with this request. CCLC
recommended in exchange for the approval of the awnings, the
applicant remove the raised planters on the sidewalks, which
impede pedestrian flow, and install tree grates on the sidewalks.
Mayor Stirling asked about the snow shedding problem. Steve
Palmer, representing the applicant, brought pictures of the snow
effects from last year. Palmer told Council they feel it is
better to get the snow off the roof and onto the ground as soon
as possible. Palmer told Council with an 11-12 pitch and a
copper roof, the snow should shed. Palmer said the canopy is
designed to provide a walkway and shed the snow. Palmer told
Council they have 160 linear feet of sidewalk surrounding the
building, and they feel it is important to have a canopy around
the building. Jesse Graber, representing the applicant, said the
building faces north and west and does not get a lot of sun.
Councilman Collins moved to grant an encroachment license to
Sports Stalker according to the terms in Elyse Elliott's
memorandum of May 6, 1987; seconded by Councilwoman Fallin.
Jon Busch, CCLC, said the building came to their commission for
comments on the exterior lighting plan. The CCLC discussed the
snow shedding aspect of the design. Busch pointed out this is
not an awning but is more of a permanent roof and extra
precautions are in order. Busch said the plan is to have snow
fall beyond the 5'6" of the existing sidewalk into the area where
the trees are. Busch pointed out people do walk in the area
where the trees are. Aspen's sidewalks are too narrow. Busch
said some sidewalks become dangerous with snow sliding off and
becoming ice. Busch said he would like to address the snow
problems in the approval of this encroachment request. Palmer
told Council they have agreed to remove the planter boxes and add
tree grates around the existing trees.
All in favor, motion carried.
FARi~IE~2'-S I~~T
Gary Wright told Council there are requests from the Verena
project and from Laurie Adams. There are two separate issues;
one is re-establishing the administrative policy on outdoor uses.
Wright said they are withdrawing the request for a profit
organization to do a farmer's market on public property and are
only requesting a non-profit group to be able to have a f armer's
market on public property Wright said re-establishing the
administrative policy would give any private applicant the right
to work within the zoning constraints to do an outdoor area on
private property. Separately, Windstar-Verena is asking
19
Re-au}-ar-M-e-e~rn~g--______-~~,.n-__~_rt~_-~ounc-i1 May 1~.- _i 98-'~
permission to have a farmer's market on the Rio Grande property.
The request f rom a private, prof it making entity to do a farmers
market has been withdrawn.
Laurie Adams said she would 1 ike to address this issue f rom the
standpoint of what will work and what will be approved. Ms.
Adams said she would like permission to have a farmer's market in
front of the Grainery. There are zoning reasons that prohibit
this, but Ms. Adams would 1 ike to pursue the idea so that local,
Colorado grown fruit and vegetables can be sold. Ms. Adams said
she would like to be able to do this under any circumstances and
would be willing to work with Windstar-Verena. Ms. Adams said
there are farmers throughout the state who are willing to bring
their produce in, and she would sell their goods on a for-profit
basis.
Mayor Stirling said Council needs to decide if they want to
recommend to the city manager to readjust the administrative
policy, and whether to recommend to make a farmer's market an
exception to the policy. The second issue is whether to allow a
non-profit group to operate on public property. Councilwoman
Fallin pointed out the Grainery is now a private residence. Bill
Drueding, zoning enforcement office, noted the Grainery is in an
office zone. Even if it were in a commercial zone, the city's
administrative policy states retail sales outside the business
are not permitted. Drueding noted retail sales are not permitted
in the off ice zone. Ms. Adams said it is not feasible to take
farmer's food, mark it up and pay the price of retail space in
Aspen.
Councilwoman Walls said the Rio Grande property for a farmer's
market is a good idea if it were held on Saturdays when the Rio
Grande is not used for parking. Councilwoman Fallin favors
having a farmer's market on Saturdays and for non-profit
ventures. Dan Randolph, Windstar, supported both proposals and
pointed out that f armers are busy growing their produce and have
a hard time f finding time to market. The idea of a farmer's
market would be selling without the middle person. Randolph said
he does not see the two proposals as conflicting. Randolph told
Council they favor the weekend farmer's market. Councilwoman
Wall s said she does not have a problem with profit ventures
selling their produce at the Rio Grande as part of the farmer's
market. Councilwoman Walls said she does not see this as
competing with local supermarkets. Wright said local growers are
growing organically and are not offering the same products as
grocery stores. Mayor Stirling said local people are also
working hard to establish their businesses, and Council has to be
careful giving public property. Mayor Stirling said he would
prefer to see all farmer's markets on private property, and then
the Council making an exception to the administrative policy.
20
Re a-u i~ r Me~et~rrm-- __ _ __ A-s~pe n - e-ity-~ o un ~i 1 May - 11 l g8 7
City Attorney Taddune noted this should be done by a vendor's
agreement and Council should decide the extent of the market.
Councilwoman Fallin moved to suspend the rules and extend the
meeting to 9: 30 p. m. ; seconded by Mayor Stirling. All in favor,
motion carried.
Councilman Collins said he feels this is an exciting idea and can
help support the rural economy on the western slope. Councilman
Collins said he feels the trucks selling produce on Highway 82 do
cause traffic problems. Councilman Coll ins said he wo ul d 1 i ke
this approved on a one-year basis to see how it works.
Councilwoman Walls said she would like to see it limited to
Colorado-grown produce.
Councilwoman Fallin moved to allow a farmer's market on the Rio
Grande, it be restricted to truck farm items and to Colorado-
grown produce; seconded by Councilwoman Walls.
Staff suggested the agreement be negotiated and returned to
Council at the next meeting. Glenn Horn, planning office, said
staff does not object to fruit and vegetables stands, but Council
should address the city's policy regarding outdoor retail sales.
Horn suggested this should be part of the land use code, rather
than an administrative policy. Council said they are interested
in having this part of the land use code but not part of this
motion.
All in favor, with the exception of Mayor Stirling. Motion
carried.
Council tabled the 1010 Ute Avenue Raw Water Agreement to June 8,
1987.
S-H-B-H-1~~-Iflid- L~£`E~R~-i~-N - Be h r e nd t
Glenn Horn, planning off ice, told Council this is an application
for a 4 unit building just east of the St. Moritz. Behrendt used
to own the St. Moritz and this 4 unit building. The parcels were
split through the lot split provision in 1982 but share the
swimming pool and are managed by the same group. The applicant
would 1 ike to condominiumize the 4 unit building and wi she s t o
maintain flexibility with this building. The units are both
short and long termed. The applicant has requested the 6 month
minimum lease restriction be waived. Horn told Council when the
applicant was making arguments in favor of having the 6 month
lease restrictions waived, these made the application more suited
to the lodge condominiumization section of the code.
21
Reau~-ar -t-i-m~------~--s-~e-n _-Cty--C~u7rc,~. ~v _i l-, _1-987
Horn said the issue is whether Council wants to permit the
flexibility of waiving the 6 month minimum lease restriction or
require the applicant to go through the lodge condominiumization
section of the code. This would require improvements and that
the building continue to operate as a short term facility. Horn
told Council they have waived several six month rental
restrictions, and if they choose to waive this one it becomes a
policy issue for Council. Mayor Stirling said Council has asked
that section be addressed during code simplification. Horn said
there are both definitions in what is a condominium, a lodge, a
kitchen. Horn said staff feels obligated to recommend this
applicant go through the lodge condominiumization because of the
language in the code. Horn told Council P & Z favored the
applicant's position that this has been a mixed use in the past
and should remain that way.
Gideon Kaufman, representing the applicant, told Council this is
a 4 unit condominiumization. There were questions raised by the
application, but P & Z reached the conclusion this should be
condominiumized as a residential condominium and the 6 month
minimum lease should be waived. Kaufman said Council should
follow the recommendation of P & Z. Kaufman said the city does
need to re-think the two conflicting definitions of a lodge in
the code and come up with a definition that does not revolve
solely around kitchens. Kaufman explained during the lodge
condominiumization code amendment, the city had to come up with a
second definition because the zoning definition stated if a room
had a kitchen, it was not a lodge. The purpose of lodge
condominiumization was to help small, older lodges. The second
definition makes it that a duplex, triplex or fourplex becomes a
lodge. The definition creates a lodge as opposed to actual use.
Kaufman said the city should also examine the 6 month minimum
lease restrictions in zones where it detracts from the
flexibility of what is offered to tourists. Kaufman said these
two issues should be addressed during code simplification, and
this application should not be made to resolve the issues.
Kaufman urged Council to follow the recommendations of P & Z and
the applicant is willing to abide by conditions 5, 6, and 7.
Councilwoman Fall in asked if the applicant is willing to j oin a
sidewalk district. Kaufman said that condition would be
appropriate.
Mayor Stirling moved to approve the Behrendt residential
condominiumization as per section 20-22 of the Code, subject to
conditions 5 through 7, adding a condition to join in any
sidewalk district; seconded by Councilwoman Fallin.
22
Mee-e~ti~ ---- _-_~~ --C-i-.~--~~o un ci ~ Mav -i.l .. _i-9 8
Kaufman pointed out this building does not have any aspects of a
lodge; it has no common facilities, no employees. Councilwoman
Walls said it is short term use, it has shared use on the pool.
Kaufman said the city granted a lot split and allowed the
separation of a lodge from these units. This property only came
together because of the merger doctrine. Kaufman told Council
P & Z agreed a definition, as opposed to actual use, should not
be allowed to create a lodge. Kaufman said this has been operated
as an apartment building. Kaufman pointed out in 2 years when
the agreement is over, these units will not have a shared use f or
the pool. Councilwoman Walls reiterated if this is rented short
term, it is a lodge facility. Councilwoman Fallin said if
Council follows the definition, they will have to make lodges out
of short term rentals in the west end.
Councilwoman Fallin and Mayor Stirling in favor. Councilmembers
Walls and Collins opposed. Motion NOT carried.
Mayor Stirling moved to table the Behrendt condominiumization to
June 8; seconded by Councilman Collins. All in favor, with the
exception of Councilwoman Fallin. Motion carried.
CO~R~ ~ ~
Patsy Malone, personnel director, said Coors has raised the
contract fee from $8,000 to $10,000, added a road race and ha s
asked for two additional meals to be provided. Ms. Malone said
Council needs to decide whether this event is worth the
additional funding. Ms. Malone said the Mayor is attempting to
re-negotiate the contract fee. Ms. Malone said the race as
requested cannot be put on for the current 525,000 budget. In
1986, the city spent just under 525,000 with a great deal of
contributions from the community. Mayor Stirling said the city
is lucky to get the road race.
Mayor Stirling moved to table this until May 26, 1987; seconded
by Councilwoman Walls. All in favor, motion carried.
Councilwoman Fallin said she is not willing to give any more
money.
ES'A` -~'6--~~-A~--~3~--P~fj-P~i~T~' - Pre -school
Mayor Stirling said this is a fundamental community issue. Ruth
Stone is losing space at the school because it is needed for
school purposes. Mayor Stirling said this is a profit group;
however, it is a human and social service. Mayor Stirling said
this is important to the community, and the city should assist in
this service. This service benefits the entire community. Ruth
Stone told Council in 1982 Council voted to allow her to take the
23
~euu ar--M~e-et-i~nzr- -- _____.._ ~ --~urnc i Mav_ - ,- -1~-9 87
pro shop, up grade it and move it to Iselin park. Ms. Stone told
Council at that time, space became available at the upper
elementary school. Ms. Stone reported there is no longer space
available at the school. Ms. Stone said schools across the
country are trying to address the baby boom. Ms. Stone told
Council there will be 5 kindergartens next year.
Ms. Stone told Council she has discussed space with the schools
and there is none available. Ms. Stone said the community does
support the GMP but the GMP also means there is not a lot of
rental space at low cost. Ms. Stone told Council she has looked
at other vacant spaces, the Red Roof, Meadows, Cantrup
properties. These are all tied up and not available. Ms. Stone
said if Council accepts there is a need for child care in the
community, there is a precedence for the city supporting child
care. Also, the city has demonstrated its interest in caring in
other areas that are not non-profit, like housing, recreation and
transportation. The Council has indicated they are interested in
a quality of life for people who work in the community.
Ms. Stone told Council the child care business is heavily
regulated, and the law requires a large space for a few number of
children. The problems cannot be solved by just taking in more
students. Ms. Stone said the child care situation in Aspen is
right for abuse.
Mayor Stirling moved to direct the city manager to work on this
issue and report back to Council June 8th on how these might be
solved; seconded by Councilwoman Fallin.
Councilwoman Fallin said the state League of Women Voters just
voted to take up this issue for the next two years. It is a
critical issue. Councilwoman Fallin said the city does give a
donation to the child care center at the community center and
asked if this would be a conflict. Ms. Stone said the community
center takes child up to the age of 3; her day care takes them
from 2-1/2 to 6. Mayor Stirling said the Marolt house could be a
solution for a year or two. Ms. Stone said the school does have
plans to put a day care facility in but this is 2 or 3 years in
the future. Ms. Stone told Council there is little choice for
location of her day care center. City Manager Bob Anderson told
Council he will look into the Marolt house; the access from
highway 82 is dangerous.
All in favor, motion carried.
F~ I~H i idG-- FOIL -~%O~~i~I~i~-- -COidF~ i-~' -MAI~AG~i~E I~fi~` TRA i I'~ I ItfiG
City Manager Bob Anderson told Council the city has a truck
obtained through a drug arrest. State law said money received
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R~U ~~ .+ ----A n _-~-~y--dam n ; ~
May - -1-1, -19 8~
this way has to be dedicated to police agency use. Anderson said
the city could sell the truck on the market or sell it to animal
control in lieu of $10,000 for a new truck. Anderson recommended
allowing animal control to use $5,000 of $10,000 that was
budgeted to purchase a truck and to transfer the remainder to a
training fund. Anderson told Council the police chief would 1 ike
the $5,000 for conflict resolution training for staff and
community members both.
Councilwoman Fallin moved to allow the transfer of $5,000 to fund
conflict training; seconded by Councilman Collins. All in favor,
motion carried.
~~~~ ~~~ ~ ~ -~'Au~S - Volunteer Fire Department
Jesse Graber, fire department, reminded Council last year they
donated 6 golf punch passes to the fire department. Assistant
City Manager Mitchell said this is a value of 5900
Mayor Stirling moved to grant 6 punch passes, value of 5900 from
contingency fund, to the f ire department; seconded by
Councilwoman Fallin.
Councilwoman Fallin told the fire department to make this request
for 1988 during budget time in September 1987 and not during the
year.
All in favor, motion carried.
Councilwoman Walls moved to approve the consent agenda; seconded
by Councilman Collins. Consent agenda is Liquor License Renewals
- Aspen Meadows; Aspen General Store; Minutes - February 23,
1987. All in favor, motion carried.
Councilwoman Wall s moved to adjourn at 9: 45 p. m; seconded by
Councilman Collins. All in favor, motion carried.
Kathryn S Koch, City Clerk
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