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minutes.council.19870914
Regular Meeting Aspen City Council September 14, 1987 PROCLAMATION - U. S. Soccer Federation 1 NORTHWEST COLORADO COUNCIL OF GOVERNMENTS REPORT 1 ASPEN TENNIS FESTIVAL 2 ROARING FORK VIET NAM VETERANS 2 CITIZEN PARTICIPATION 3 COUNCILMEMBER COMMENTS 5 ORDINANCE #35, SERIES OF 1987 - Alpine Acres Rezoning 6 ORDINANCE #37, SERIES OF 1987 - East Meadow/Jukati Zoning 7 ORDINANCE #32, SERIES OF 1987 - Flood Plain 8 LIQUOR LICENSE APPLICATION - Mezzaluna (RCT Inc.) 8 GMP EXEMPTION REQUEST - Aspen Mountain Lodge 14 GALENA STREET IMPROVEMENT DISTRICT 20 SNOW DUMP LOCATION/USE OF COUNTY LAND 21 HOUSTON HPC SCORE APPEAL 21 SHADOW MOUNTAIN TRAIL 21 STOREHOUSE BUILDING GMP AMENDMENTS 21 SUBDIVISION EXCEPTION - 700 East Hyman 23 RED ROOF INNS PROPOSED FUTURE USES 24 BUDGET AMENDMENT - Building Department 25 REQUEST FROM RFTA TO WAIVE FEES 26 ORDINANCE #39, SERIES OF 1987 - PCPA Loan Agreement 29 ORDINANCE #40, SERIES OF 1987 - MEAN Participation 29 BOARDS AND COMMISSION APPOINTMENTS 30 CAST RESOLUTION FOREST SERVICE REVIEW 30 PAVING ALLEY BETWEEN MONARCH AND FRANCIS 31 36 Regular Meeting Aspen City Council September 14,__1987 517 NORTH STREET 33 INCREASE IN PARKING FINE SCHEDULE 34 37 Reacri~-r M-eet-i-rra-- _ _ _As~en-C~ity ~Cotz~ci _ September _14 ;__ 1987 Mayor Stirling called the meeting to order at 5:00 p. m. with Councilmembers Isaac, Tuite, Gassman and Fallin present. PROCLAMATI6iJ - U. S. Soccer Federation Mayor Stirling read a proclamation supporting soccer at all levels and the efforts of the United States Soccer Federation to bring the 1994 World Soccer Cup to the United States. Nf?RT~TE-~t -£~~OR~Df7-- CE~Di'df;~~ ~-OF---~f3~TERNMENTS REPORT' Barbara Green and Linda Siefert, co-directors of the Council of Governments, told Council they are visiting all of the region. The Council of Governments is comprised of 32 local governments in a 6 county region. This COG covers most of the ski areas and a lot of the emphasis is on things that impact ski areas. Ms. Green said they are here to explain where the money given to COG goes. They have gone through COG's services and quantified in dollars what comes back in direct services. Ms. Siefert handed out a list of NWCCOG services to Pitkin County, including nutrition, aging, weatherization, JTPA, economic development and lobbying. The nutrition program is at the community center and COG pays wages f or the cook and f or the food. This does not include contributions, and the program is valued at $9,122. The aging services are outreach, information and some services at the community health program. This is valued at $9,439. The weatherization is 5952 and is actual homes that were weatherized. JTPA, job training partnership act, is services involving employers and matching them up with parti- cipants in the job training program. Quite a bit of the efforts of COG go into lobbying to benefit the membership. This was valued at 512,734 for Aspen. The total value of the services for Pitkin County is 581,059. Ms. Siefert said they did not put values to the video programs and the various video tapes that were produced. Also not listed on the sheet were the efforts of the water programs. Ms. Green told Council COG acts as a watchdog for west slope interest. COG is involved in litigation that has been going on for 8 years, where Denver has challenged local government authority to regulate the impacts of trans-mountain diversion projects. Ms. Green told Council COG has won in federal district court twice and state district court. Later in September in Eagle County is the appeal. Ms. Green told Council COG has been very involved in the Two Forks system wide environmental impact statement and has a seat on the coordinating committee to be sure that west slope impacts are addressed. Ms. Green said COG is also respon- sible for the area-wide water quality management plan, the 208 plan. Ms. Green said recently there was a victory in front of 1 Re aui--ar__-i~e-e-ti na --__._ ____ Asn~e7r-~C itv __ Co~un~l _ _ . _-.__~ t-ember. _ _14 . _ 19 87 the water quality commission, where they agreed to recognize that when water is diverted, water quality is reduced. Ms. Green said COG lobbies water issues and monitor the activities of the Colorado River Water Conservation District to be sure entities at this end of the basin are also taken care of. Ms. Green said there are general legal services available to their members in the event the city attorney were unavailable. Councilman Isaac added that NWCCOG is involved in a revolving loan fund program, making low interest monies available for creating j obs in the county. Councilman Isaac said this is a successful and important program. Ms. Green noted COG is an association of its members and is in the business of providing services that its members need. Mayor Stirling said the video on Ovate r ha s not been shown here. Councilwoman Fall in suggested that Grassroots run that video. Mayor Stirling said Council will be looking at the various organizations they are members of and wanted to know about COG. Mayor Stirling said Aspen's dues to COG are 514,000 and Council is trying to assess the benefits to the citizens. A SPEitfi--T E Nitfii~~E S~~f Dick Butera reminded Council in August 1986, he asked for support to help get back the Aspen Tennis Festival. Council passed Resolution #22, 1986 supporting the tournament to bring it back to Aspen. Butera said over 4,000 people attended the tournament. There were over 100 local volunteers headed by Jane Moy to put on the event. Butera pointed out there were no subsidies by the government; several local businesses did support the event heavily. There was a cash profit in excess of 560 , 000 , which went to support the Aspen dental Health Clinic, the Music Associates of Aspen and the Aspen Ski Club. Butera told Council later in the year there will be a national television show covering the festival. Six minutes of the show will be a postcard on Aspen. Butera said there will be additional national coverage from BBC, ESPN, Good Morning America, Lifestyles of the Rich and Famous, CB S morning news, entertainment tonight and others. There was or will be print coverage in Life Magazine, USA Today, Time Magazine, People, Rocky Mountain News and Daily Post and tennis magazine. Butera said over 70 members of national and international press attended. Butera said the community welcomed all outsiders with great warmth, and the support of Council and of the community is appreciated. Ra~i-idG--FORK ~ i Efi- -i~fiAM ~E~`EItAN-S Rick B uesc h, representing the Roaring Fork Viet Nam Veterans Memorial Commission, thanked Council for their encouragement and financial contribution. The memorial was dedicated last month in 2 ~ea-ui-ar Me;e~ti-rrg----.. __~err_-Ci,t~ _Council_ _ -- - _S~ptembe~r__l4, 397 a very moving ceremony. Mayor Stirling asked if they raised more than the actual cost. Buesch said they anticipate by the end of the year the funds will be closed out and will not have anything in excess. C-I T I ~- E`N~ --- P~~i-£~~A~3~7N 1. Travis Fulton told Council he and Nick deWolfe have been asked to develop a fountain that shoots fire and water together. Fulton requested permission to experiment for two hours on the fountain in the Mill street mall. Mayor Stirling moved to refer this request to staff and coor- dinate with Fulton and deWolfe; seconded by Councilwoman Fallin. All in favor, motion carried. 2. Amy Herzberg asked f or Council' s support f or a senior citizens art project. This project is based on answering the needs of seniors in the community, to supply physical, emotional and mental stimulation as well as increase creativity and to use the voice as an educational tool. Ms. Herzberg said she would work with the seniors 3 times a week, teaching music, art, dance and theatre skills and working improvisational to discover dif - ferent aspects of the seniors' lives; memories and stories from the past, needs and desires and future goals. This will be scripted into monologues, scenes and songs which can be presented to the community. Ms. Herzberg said this will take about 5 months to put together. The senior citizens center has offered $2,000 of in-kind space and equipment for this program. This program can serve up to 27 seniors per session. Council recom- mended this be presented at the non-profit or arts budget sessions. 3. Mike Sura, owner of Mama Maria's, requested Council to consider changing the newspaper racks in the community and give them a nicer look. There should be some consistency throughout town where papers are distributed. Councilman Isaac said the city attempted to do this about 10 years ago. The boxes are in bad repair and it makes sense to have the staff work on this project. Assistant City Manager Mitchell told Council the CCLC has taken on this project and has spent some money to clean up the existing racks. Councilman Isaac said it is up to the newspaper distributors to keep these racks in good shape. Sura pointed out there have been a lot of newspapers added around town since the brown boxes were installed. 4. Linda McCausland, chairman of the wildflower project, told Council they are planning to seed on October 5th. Ms. McCausland said both the city and county have been extremely helpful. Ms. McCausland said she has collected about $3700 for seeds, and 3 Re~an~ar- _N~e~et-i-rrcr--- ~---- ~~~-_ C_i tp Czo-uncii _ _ _ - __Sentembe r. _ _1-4 ~ 198-7 Coates, Reed and Waldron has given a pledge for an educational booklet for a walking tour. Ms. McCausland told Council she has been in touch with the Colorado Coalition, which the city gave money to to plant native grasses. Ms. McCausland asked, if this seed money is turned over to the city, that it be possible that she have approval of expenditures of the funds. Assistant City Manager Mitchell said the city can set up a separate fund in the parks and money will be spent by the parks department on authori- zation of Ms. McCausland. George, representing the Colorado Coalition, told Council they have worked on the trails for years and have taken great pains to get native grasses growing for the purpose of weed control. George said her concern is not to disrupt any of the well established grass stands. George said there are some areas that are ideal for wildflowers. George asked that Jim Duke be a part in choosing the areas for wildflower seeding. Bill Efting, leisure services director, told Council all interested parties need to sit down and decide where the seeding will take place. Efting said he wants to do this project right, and the test plots are very important. George said she needs to see the list of seed mix to make sure they have viability in Aspen, and to see the plans for the source of water. George said the program involves spraying round up in these areas before the seeding begins and asked that this be a one shot chemical treatment and that the city instruct whomever is carrying off the program that the areas where chemicals are sprayed will be signed. 5. Jack Frishman, resident of Second and Smuggler, said during this construction season, many west enders have been appalled at the number and size of the houses going up in the area, some of them with little concern about the size to land dimensions and how high the structures are above grade. Frishman said some of the structures are overly high and block out more than their share of the view. Frishman said if these structures are within the code, the residents can accept them as a manifestation of the urban look and character rather than what was once a distinctive small town. Frishman said residents hope Council will address the FAR to include the cubic and bulk size of houses to maintain the ambience that distinguishes Aspen. Frishman reiterated that the building codes be conscientiously and even handedly enforced. 6. Mrs. Frishman read a letter from James Salter, resident of the west end. "Many beautif ul houses have been built in the west end in the past decade, often replacing undistinguished and badly designed structures. The result is to make the area, which is the oldest and one of the most desirable residential sections in Aspen even more attractive. Recently, however, there has been a surge of large new houses which use every available foot of the land on which they are built. When these houses rise up, they 4 Re-atxl a-r--i~e-~eti-rra-------_ --- A-s~aen----Ci-ty _-~ou-n~i~ ___ -_-_.__-------Set~t-em1~~~r 14-.--~~9~8 crowd their lots and especially in cases where they are adjoin- ing, create a solid, almost apartment house impression. The lawns of the west end and its open area feelings begin to disappear. Together with other residents, I feel that the zoning regulations, particularly in regard to site setbacks, overall cubic size, should be reconsidered and modified in view of changing times. Otherwise, the very things that make the west end so appealing will be sacrificed to mere expediency and short term profit. As a separate matter, there is the possibility that one particular house under construction, 517 North Street, may be in violation of the height restriction in the Aspen building code. The measurement of its height has varied, according to who has taken it, but the code clearly states that the measurement should be made at 'right angles to the natural undisturbed ground slope to the appropriate elevated point on the structure' and if this measure proves to exceed the permitted height I cannot see that the city has any choice but to enforce its own laws as it has done in the past and withhold a certificate of occupancy until the violation is corrected." City Attorney Taddune told Council he has asked his office for a memorandum concerning this. Taddune told Council his information is that if there in an encroachment into the height limitation, it is about 6 inches. Mayor Stirling said Council has asked planning for proposals to reduce the floor area ratios in the R-6 zone. 7. Charlotte Walls said over height house is not just the west end issue. This issue has to do with precedent, and if the city lets that house continue over height, it is setting a dangerous precedent. Ms. Walls pointed out the precedent was set about 20 years ago when the Cottonwood condominium has to reduce its height. Ms. Walls said developers should not be able to get away with exceeding the height limitation. Ms. Walls requested Council instruct the building department to red tag the house at 517 North street until it is brought into conformity. Councilwoman Fallin moved to add this to the agenda as VII (p) ; Council needs more information on this item; seconded by Mayor Stirling. All in favor, motion carried. Gf1U NCi~B~E`R--_~MF~S 1. Councilman Isaac requested the agenda be changed to address the GMP extension request for the Aspen Mountain Lodge before the Galena street improvements. Council all agreed. 2. Councilwoman Fallin requested that the trails out by the golf course be signed so that people will know which way to the Airport Business Center. 5 R~e-qu l_a r`-. ----~^A~.~_..~.-~_ .Co un c-i i_ _ . __ _ ___ - -dept emrb e.r. _l_4 ;_ _.3..9-8 7 3. Councilwoman Fallin said last year Council approved money to have a senior PGA golf tournament in town; what has happened to the tournament. Assistant City Manager Mitchell said the tournament did not happen, and staff has written a letter to Starr enterprises requesting a final report whether this can be put together for next year. If it cannot, the city is requesting a refund of the 510,000 seed money. Mitchell said staff should have a report for the next meeting. 4. Councilman Gassman request for the next agenda a discussion of not sanding the streets as he feels this is worth looking into. Councilman Gassman said the city could inform people that sanding the streets puts a lot of dust into the air and is difficult to pick up and ask people to drive more carefully. Councilman Gassman said he doubts the accident rates are higher on the streets that are not currently sanded. Councilman Gassman said this would save money both in putting the sand on the streets and in picking it up. Councilman Gassman moved to have this on the agenda September 28; seconded by Mayor Stirling. All in favor, with the exception of Councilman Isaac. Motion carried. pRD-I I~Ai~ -#-3~;---~RR-i-~~ ~ --3-9-87 - Alpine Acres Re z o n i n g Steve Burstein, planning office, told Council the request is to rezone this area from R-15 to R-6 as well as a subdivision exception to split lot 4 containing two Victorian houses. Burstein told Council the lots range in size from 15,890 square feet to over 19,000 square feet. The Court Club duplexes are located on lots 2 and 3 and there is no allowable increase in density in the area. P & Z recommended approval of the rezoning subject to 3 conditions, which have been agreed upon by the applicant. These conditions are listed in section 1 of the ordinance. Burstein noted this application does meet the rezoning criteria. There was concern about the floor area ratio, which will be restricted to 2,486 square feet per dwelling unit. Burstein told Council the concept is they should retain the same floor area ratio for each unit they would have if they built duplexes, and there is not increase in floor area. P & Z had suggested a FAR of 1800 square feet in keeping with the area. Another condition is the front yard setback f or lots 4 and 5 as existing to retain the character of the subdivision. The last condition is a minimum lot variation, which is necessary for lots 4A and 4B because they are such narrow lots. Burstein pointed out a PUD overlay would be placed on lots 4 and 5 to allow for a minimum lot width variation. The planning office has suggested the PUD should be on the entire subdivision because that would be 6 Re-qui-ar--M~~--__. A e-n _..C~ty---~ -c- • _ _.. - S mbe -4 : i 9-~7 ------- ~u~ a.- apt ~ ~'. _~. more consistent. Burstein recommended approval of a doption of this ordinance. Burstein also recommended approval of the lot split subject to 3 conditions. (1) That a subdivision plat be filed which includes lot areas, easements, rights-of-way, (2 ) a statement of subdivision exception should be flied including the 6 month minimum lease restriction, and (3) that the plat not be accept until the rezoning is approved. John Kelly, representing the applicant, said the reason the applicant went through the process is to be able to develop the houses as individual houses. The only other practical alterna - tive is to start from scratch and build a duplex Kelly told Council at one point these houses were duplexes. They are condominiumized, and a lot split is the only practical way each owner can develop his house. Kelly told Council this proposal has 100 percent approval of all the people in the subdivision. The owners came up with the FAR restriction of 2486 square feet, which could be built in a duplex. Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilman Isaac asked if it is necessary to put a PUD overlay on this subdivision in order to review each of the improvements. Kelly said the only way the property owners can do a lot split is through a PUD. Mayor Stirling asked what the side y and setbacks are. Chip Bishop told Council they are 7-1/2 feet and 5 feet. Kelly noted by keeping the front yard setback larger, it will require that the development go onto the back of the lot. Councilman Tuite said there is no guarantee that these houses hav e to stay Victorian houses. Kelly pointed out these struc- tures have a very low rating on the historic inventory; they are both rated 1. Kelly told Council if the owners did not want these houses to remain Victorians, it would have been easier to star t over and bu it d a duplex . The owner s want to keep the Victorians. Councilwoman Fallin moved to adopt Ordinance #35, Series of 1987, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. Councilwoman Fallin moved to approve the requested subdivision exception for the purpose of splitting lot 4 Alpine Acres into lot 4A and 4B subject to the conditions as outlined in the planning office memorandum; seconded by Councilman Isaac. All in favor, motion carried. dR-Di i~~rl~-eB--#~3-~-.--~~R~E-~--6~'-~~--i-9 8~, - East Meadow/ Ju k a t i Z o n i ng 7 R~atrl ar~--Me-~t-i-nu---- ----- ~~e rr~-~itv--Cc,~m c i-i - __-_ __ -- - _ ~-gpt-emb-~r- 3 4 : 3.9 87 Mayor Stirling opened the public hearing. Glenn Horn, planning office, told Council this is to adopt initial zoning of R-15A for a newly annexed area. Horn said with this zoning, duplexes will be permitted; however, single family dwellings expanded to duplexes must be deed restricted to one half of the building for employee housing. There are 3 single family dwelling in this area which could be expanded; there are 5 existing duplexes. The FAR permitted is the same as that permitted in all other residential districts in the city, with the exception of the R-15B zone district. Staff and P & Z recommend R-15A zoning. Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #37, Series of 1987, on second reading; seconded by Councilman Tuite. Roll call v ote; Councilmembers Gassman, yes; Isaac, yes; Fallin, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. f1R-H-i NAI~~- # ~~ -~~-i-~-- -6-~`---i~~8 7- F 10o d P 1 a i n Councilwoman Fallin moved to table Ordinance #32, Series of 1987, to September 28, 1987; seconded by Councilman Isaac. All in f avor, motion carried. I,-1Q-~3f1~--~i-~Ei~SE-~PI; IGA~I~1 - Me z z al una (RCT Inc . ) Mayor Stirling opened the public hearing. City Clerk Kathryn Koch reported the files, posting and publication to be in order. Gideon Kaufman, representing the applicant, presented the application and file for the record, gave Council a complete set of plans for the building in which the restaurant will be located as well as a picture of the model of the building under construc- tion. Kaufman introduced Charif Souki, principle of the resta- urant, and Rich Perez, manager of the restaurant. Souki told Council he has a house here in Aspen and is duplicating his favorite restaurant in New York. Rich Perez told Council he has been a resident of Aspen for 24 years, previously owned R. Pea's restaurant, which had a beer & wine license. Perez received a three-way license for that restaurant. Perez said the proposed restaurant will f ill a great need in the community. The f ood will be Northern Italian and will be reasonably priced. Perez passed out copies of the menu for Mezzaluna in the price range of 58 to 512. Kaufman presented a petition signed by over 500 residents of the city of Aspen, stating they do not feel that the requirements of the neighborhood are being met and they would like to see a 8 ~~au-~.-ar----~e-et~nu---~-_- _._.~s~e-rr -C-i~ty -~urnc-i-}_ ___ _ - -- Sept-em~b~.r ~~. ~_ 19 S7 three-way liquor license granted to Mezzaluna. Kaufman presented letters from other restaurant owners supporting this application. Don Siegel told Council his company deals primarily with tourists in Aspen, and he is constantly aware of their desires for Aspen. Siegel said the level of sophistication of the tourists has grown over the past few years. Tourists require certain things of Aspen as a town, and restaurants are one of the primary things tourists come to Aspen for. Part of a restaurant is being able to consume alcohol. There are choices in town, but to expand these choices would not hurt. Siegle said this restaurant will meet a need he sees in town. Siegle told Council he knows both Souki and Perez and feels the restaurant will be in capable management. Howard Hardy told Council during the off season, residents need additional choices of places to eat in the $8 to $12 range. Hardy urged Council to grant Mezzaluna a liquor license. Kaufman said he feels it is not the number, but the variety of resta- urant s that sets the tone for a community. Kaufman said this restaurant will meet the reasonable requirements of the neighbor- hood and fulfill the desire of many adult inhabitants by being granted a liquor license. Kaufman pointed out this restaurant space was competed for through the growth management plan and access and other code requirements were addressed. Kaufman said the applicants also had to go to P & Z for a conditional use approval since this is located in the C-1 zone. P & Z made a specific finding that this restaurant fulfills the need of the neighborhood in order to grant a conditional use. The hours of operation and prices fulfill local needs. Kaufman said it is clear based on the application, staff review and research, petitions, letters and presentations of witnesses, that a liquor license is appropriate an should be granted. Jeremy Bernstein, representing the restaurant association, said it has been represented that this restaurant will have meals in the S8 to $12 range. Bernstein said that is not the issue before Council; the restaurant association has no objections to the applicant opening a restaurant. The issue before the board is whether or not the reasonable needs of the adult inhabitants of the neighborhood are being met and whether the desires of the residents would be fulfilled by granting another license. Bernstein said his clients are asking the Council to start saying no to granting of liquor licenses. Bernstein said people are saying there are just too many liquor licenses and there is over- saturation. Bernstein pointed out the local licensing authority has to make two technical determinations, which must be satisfied by the applicant. Bernstein told Council the applicant cannot satisfy the burden of proof simply by presenting 500 signatures. Bernstein said all signatories of the petition should be asked if they are adults, if they have not been able to get a drink in 9 txi~r-~ Nye-ct-i-rru-~~.__.____.~~_n__~~----~o~rrrc-ii-------__. _. ___ .._-Se~tem r _ 1 ~ .- -_198 Aspen. Bernstein said granting wholesale liquor licenses without any restrictions will not enhance the Aspen experience. Bern- stein presented into the record a letter from former Mayor Stacy Standley. Mayor Stirling read from that letter, "Over the years, liquor licenses have traded like baseball trading cards to the benefit of no one except the seller, and occasionally the buyer. I strongly believe we are fast approaching that time when we will do unref utabl a damage to our image and quality with the continued issuance of liquor licenses. We have the right to say "enough" ! We have done it to development, smog, air pollution, water degradation and now is the time to do it to liquor licenses. . the needs of our neighborhood have been met 10 times over even when the guest bed count is considered. Please have the courage to stand up and in the future to stop the degradation of Aspen and say NO to more liquor licenses". Bernstein said the application points out this application has passed through two reviews, GMP and conditional use. These do not address the issue before Council. Council has the obligation to exercise its discretion under the statute. Bern stein said there is case law that says denying every application in a community constitutes an abuse of discretion. Bernstein sub- mitted granting every single license also is an abuse of discre- tion. Kaufman pointed out that Bernstein and his client do not have standing under the statute. The statute defines what a party in interest is, and the restaurant association is not a party in interest. City Attorney Taddune read from the statutes regarding a party of interest, including a representative of an organized neighborhood group. Taddune said giving a liberal interpretation to the phrase neighborhood group would encompass the restaurant association. John Walla, restaurant association, said there is no way pos- sible, given the number of 1 iquor 1 icenses in the city, anyone could prove that the needs of the community have not been met. Walla presented a petition stating "We believe the needs of the hotel and restaurant outlets of liquor license in the city of Aspen have been met by the existing restaurants and we do not desire to have an additional license at the above address" with over 100 signatures. Walla also presented for the record a generic survey of people canvassed regarding the need of more outlets, indicating people do not feel there is a need. John Hamwi, manager of Little Annie's, told Council the res- taurant association has been approached by people who feel that the current licenses in town are not monitored well. Hamwi said if confines or parameters are not put on the licenses issued in town, the competition is getting saturated and encouraging half 10 -M~a_.__ ._____---e.n.._--C-i-~---~o-anc~ii _ _. ___ _------sept~nrb~.r-__.i 4 ._ 198 prices drinks and drinking thereof. Hamwi said there is no time in this town when a person cannot get a drink. Dan Shank, owner of McDonald's, stated he is opposed to the issuance of another liquor license. Pat Darymple said in the off season bars are encouraging people, including teen-agers, to come in because they need the business. Darymple said the city is not doing a good job in enforcing the laws currently and is opposed to the issuance of a new license. Dan Arrow, business owner in town, told Council people have asked if his business was going to get a liquor license. Arrow told Council it is not necessary to have a liquor license in order to serve food in town. Arrow stated the needs of the community have been met in regard to alcohol. David White, P & Z member, said the commission did not state another liquor license was needed. White said the decision should be 1 of t to Council . White said P & Z did not know there is any way to distinguish between a local and a tourist es- tablishment. White pointed out the GMP was established in 1978 and all growth is controlled, except restaurants and liquor licenses. Mark Freidberg said opposition to liquor licenses is an attempt to restrict free enterprise in Aspen. Freidberg said servin g food to the sophisticated clientele that frequent Aspen demands that people have an opportunity to enjoy a bottle of wine. Freidberg said if there is a problem in policing establishments, that needs to be addressed as a separate issue. Freidberg said there are no ground to discriminate in this instance. If the city wants to introduce new parameters for establishing 1 iquor licenses to be looked at on a annual basis, all restaurants ought to be judged under the same parameters and it would be a mistake to turn down this license. A citizen told Council in his experience in New Jersey once licenses were regulated the inflated price became a bartering system that made it prohibitive to get into business. Dick Butera, resident and restaurant owner, said restaurants owners cannot come to Council asking f or relief to help them survive. It is not Council's charge to bail out inefficient or inap- propriate businesses. Butera said this is either a free enterpr- ise system or not, and Council should not be interfering with these kind of issues. Butera stated there is not criteria to turn anyone down, and the market place must survive. Tony Mazza, owner of the building, told Council he went to the adjacent condominium association, and they support this res- taurant application. Mazza told Council it is crucial this be addressed now because of construction timing. Larry Yaw said in terms of the needs of the neighborhood, what Aspen needs is quality, diversity and choice. That is what a resort is about. 11 - ~s-ue-n ---C~T~nc l-_ __ _.___ _ _.~'ept emb-e-r 1 ---- ' 1-9'87 Jesse Berger said if one of the rules is that the Boards can only approve 1 iquo r 1 icenses if the needs have not been met, it is obvious that the needs have not been met or people would not still be applying. In a free enterprise system, if people think they will make money they will try. Berger said these applicants should not be punished because other businesses are not con- trolled. Walt Harris, owner of Syzygy, stated he is in favor of this license. Harris said it is creating an artificial market if Council says no more licenses can be issued. The free enterprise system should rule. Jere Michael, restaurant manager, stated there is no doubt that the needs for liquor licenses are being met. There is no problem in getting a drink; there are plenty of empty bar stools. Michael said the consumption of alcohol has made a large change in the last 10 years. Michael stated he is opposed to the granting of any more liquor licenses. Art Daily, representing the building's owner, told Council he represented the Ute City Banque 15 years ago when they applied for a liquor license. There was large opposition to that issuance of the liquor license. Council ultimately granted that liquor license. Daily pointed out had that, and other licenses not been approved, many of Aspen's most successful restaurants might never have opened. Daily said Aspen's needs, then and now, were not being met by the existing liquor licenses. The needs of Aspen are very diverse and different from the needs of other communities. Daily said Colorado's liquor license laws are intended to protect the neighborhood and its inhabitants. The neighborhood in Aspen is the city and its environment. Daily pointed out Council is being asked not to protect the neighbor- hood but the economic interests of people who already have 1 iquor licenses. Daily said the fear of competition is the worst possible reason f or the Council to stop issuing liquor licenses. Daily said both the reasonable requirements of the neighborhood and the desires of its inhabitants support the issuance of this license. Helen K1 antler ud said she is a believer in the f ree enterprise system; however, this is not a pure free market system. Aspen regulates the number of skiers on the mountain, the amount of area to be used for ski terrain, the number of lodges, residences and commercial space. The Council has the opportunity and authority to exercise its discretion, not discrimination, with the full authority of the state to accept or deny an application on the basis of meeting the reasonable needs of the community. Ms. Klanderud said Council cannot leave the door wide open. Ms. Klanderud said the time has come where the particular grounds for acceptance or denial of liquor licenses has to be given defini- tion and seriously considered. Ms. Klanderud said it is not in 12 Fie-gtxl-ar--Me-e~rrcr-----___e-rr--~ity- ~~unci-~--____. ___..__.~e~temb~r_ 141__1-~8~ the best interests of the community or the sophisticated tourists to come into a town where there are closed storefronts, where employees have back wages due to them. Ms. Klanderud said there are two sides to the economic question. The community suffers when business after business closes, and the tax payers suffer when business owing taxes close. Hans Gramiger said the needs of the neighborhood statute was meant for the normal town, with residential and churches, to protect the inhabitants and children. In a resort town, a restaurant is synonymous with a liquor license. Lillian Lively, owner of the Popcorn Wagon, told Council she deals often with people who have consumed large amount of alcohol. Ms. Lively said this is a mind-altering drug. The state of Colorado has decided the use of that drug and the licensees of that drug. Kaufman stated all the information Council needs has been presented to them. Kaufman said legally, Council is not allowed to just turn down all new applications. Council, as the liquor authority, must examine each application on its merits. Kaufman said if Council looks at this application, they will find enough information has been presented that they can find that a liquor license should be granted. Kaufman said he feels the information that has been presented about the kind of community Aspen is, the nature of the community being a tourist community, that they should grant the liquor license. Kaufman said some of the complaints have been about enforcement, which has to do with the rules and regulations the Council has, and not the granting of this license. Kaufman said Council can find it is within their discretion to grant a liquor license to Mezzaluna. Mayor Stirling closed the public hearing. Councilman Isaac moved that based on the evidence presented at the public hearing held September 14, 1987, relating to the application of RCT, Inc., for a three-way liquor license that the city Council finds that the needs of the community have not been met and that the license as applied for a hereby granted; seconded by Councilwoman Fallin. Councilwoman Fallin said over the years, liquor licenses have gone away and been replaced by others, so the number is actually not increasing. Councilman Gassman said there seems to be a presumption that there is a connection between the alcohol consumption and the number of liquor licenses. Councilman Gassman said he does not think there is any connection. Mayor Stirling noted the Council met in a work session with the restaurant association in August, and Council passed a motion to direct staff to begin analyzing the hearing process to conform with state statutes, to address the issue of definitions, to 13 • _ _ ~ . ~. o • .____ _..__ ..._ . - --~ t _ -4 __~ l-~ 8._. address the possible issue of establishing a separate authority besides the City Council, and address the issue of monitoring abuses. There will be a report back to Council in October to address these issues. Mayor Stirling said Council did deny a 1 iquor 1 icense for an art gallery in August 1986 . All in favor, motion carried. G-i~R--R~MPg`3~1--i~EO~~~ - Aspen Mountain Lodge Alan Richman, planning director, told Council this is a request for an extension to the date by which a building permit needs to be submitted for the Aspen Mountain Lodge project. Final approval was granted by Council May 20 , 1985. Council has granted three extensions for this project, and this would be the fourth extension. Richman told Council there is no application before Council for any amendment to the application as it has been approved. Richman pointed out in his memorandum he tried to explain what direction this project is going. Richman said it is appropriate for Council to determine whether it wants to re- examine the entire concept of this project, in which case an extension would not be appropriate. Council may determine that the concept of the project as approved is acceptable, and an extension would be in order. In his memorandum Richman presented the concept of the project as it is evolving in the new ownership, which Richman feels is quite similar to the finally approved project. The project will be of two buildings, the Ritz Carlton and the Continental, of 300 and 190 rooms approximately, the total not to exceed 447 units. Richman said one area where major changes may occur is in the architecture of the project. There may be changes in the employee housing of the project. The Ute City place may not be part of this project any longer. Richman said Council's alternatives are to grant the extension, in which Council would be making the decision they do not need to re-examine the basic concept but to re-examine the details through a GMP amendment process. Council can make the determina- tion that, given the changes that have occurred in this community since 1985, the applicant and the city both need a chance to re- assess their directions. In that case, Council should deny the extension and go through the full-four step review process. The last alternative would be to table this application for addition- al information. Richman recommended granting the extension. Richman reminded Council the city spent 20 months on this project, looking at the concept and trying to determine if a hotel of this magnitude was appropriate, if this was the right location f or the community, 14 ~gtr ------- -its---~-~-i~-----... - --~egtemtr~r_-1-~4-L i 9-8-~ and if it was consistent with adopted community plans and growth rates. Richman said the city found that the concept was accep- table and the adopted plan was a compromise. Richman said the extension still leaves Council with the discretion it requires. If an amendment does come forward and Council is dissatisfied, Council has the authority to deny the amendment. Richman told Council he has looked at the growth rate question, and as a result of expirations and changes in the quota, it is clear that the project in 1989 or 1990 will be right at the point where the allocations have gone to. Perry Harvey, representing the applicant, told Council he has been meeting with the Housing Authority regarding the employee housing. Ute City Place is not longer under control of the applicant. Harvey told Council he recognizes the obligation to house the employees and provide that housing prior to certifi- cate occupancy of phase I. Harvey said he has been exploring other possibilities of employee housing. Harvey said Council should be looking at this in terms of community changes since the last extension was granted, not since the approval in 1985. Harvey presented Council a map with the properties, including Continental Inn, Aspen Inn, Top of Mill, Mine Dump, Barbee property, Alpina Haus, Copper Horse, Meadows and Institute. Harvey told Council the reason this property has been acquired by one individual is to try and make a statement and give that statement permanence. Harvey said every resort would like the cultural aspects and the kind of impression that Aspen gives. Harvey said this type of statement means a permanent home for the Institute, M.A.A. , Physics Institute, meeting and conference facilities to bring in more of the same kind of business. Harvey said the applicant wants to provide a quality and permanent hotel facility. The second phase will be to create an internationally famous and permanent campus f or the M.A.A., Institute, Physics, etc. Harvey told Council the Ritz and the PUD property is the first step. The applicant has signed Ritz Carlton as a co-developer and operator. Harvey said the applicant is requesting a specific extension of the GMP approvals and the reconstruction rights on some residential units. Harvey said the applicants will come in with amendments to the hotel and re-examination of the PUD properties and go through the process. Harvey said the applicant is not making f undamental changes. Harvey told Council if the applicant does not get an extension, they will be forced to go f or a building permit on the existing plans. Harvey said October 1st is the deadline for submission for a lodge GMP project, and there is no way they could meet this deadline. This would postpone the project one year. Harvey said it is in the com- munity's best interest to resolve the issue. The applicants want 15 a hotel on the Aspen Inn site, which hotel will be operating before they decide what will be done with the Continental Inn site. Harvey said the extension request has been necessitated for reasons beyond their control. The new ownership took over August 5, and there has been 1 ittle t ime. Harvey stated any amendments to the PUD and GMP will be fully reviewed. There is no loss of review capability by granting this extension. Joe Wells, representing the applicant, presented charts showing due diligence and cause f or the delay as well as effect on the GMP allocations. The first chart covers the land-use process, the foreclosure and litigation, and a listing of diligence issues. Wells said besides the 20 month review process for the original approval, there was 6 months review with the staff t o get the final documents recorded. Wells said the original deadline to file a building permit was less than the 33 months required in the Code and was established by Council. Wells pointed out the f oreclosure action was filed January 1986. The applicants requested a series of extensions to obtain the building permit. The foreclosure action began January 1986, was interrupted by litigation in May 1986. This was resolved in 1987, a second foreclosure action was commenced. This resulted in the transfer of the property to Hadid Aspen Holdings on August 4, 1987. During this time Trump has filed a number of legal actions. Wells said, prior to the f oreclosure action, the applicants did a number of things at considerable expense to the project. The Alpina Haus was purchased for $750,000; electrical underground work was done for $459,000; some water and sewer improvements were completed; the first renovation of the Continental Inn was completed for $750,000; the Copper Horse was purchased for $500,000 f or employee housing; demolition on lot 1 was completed for $200,000, the agreement and loan was finalized for the Hunter Longhouse project costing $250,000; life safety improvements have taken place. To date, approximately 53,000,000 has been spent to move the project along. Wells presented a chart of the relation- ship between the growth quota and where the projects stand. Wells showed the annual quota, and the projects tha t have received an allotment over the years. John Doremus told Council the extension is needed because the new owner has only owned the project 41 days. Doremus stated during that time, great progress has been made. A development team has been set up, a operator has been signed on, architects have been engaged. The applicant and Ritz are developing a revised program. Doremus said the extended time is needed to process an amended GMP application. Doremus said the applicant feels the modifications will offer a better hotel to the com- munity. Doremus pointed out nothing has changed in the market l6 As~e~r-~-~t4-_~6tzrr~i~ ------____...___-~Se~t-~,,,b-ez- 1-4-; _-1-}8 since the last extension. The shortfall of lodge rooms, demonst- rated in the 1983 application, continues to exist. The 55 new units at the Hotel Jerome has been the only expansion. The community has lost 57 rooms through conversion to employee rooms. Councilman Isaac asked if the extension is granted, what would the time frame be. Harvey said they would like to break ground next summer and be under construction next year. Councilman Isaac asked if the threat of the lawsuit by Trump will slow down the process. Bob Hughes, representing the applicant, said they have studied this and believe the allegations are insubstantial. Hughes stated they are sufficiently confident of the outcome that they are ready to proceed. John Sarpa told Council they are spending time and money to proceed. Richman pointed out none of the items in the project listed as differences would be approved by his sign off. They would be subject to GMP and PUD amend- ments. Richman told Council on the basis of what he has seen, there would be no purpose served by putting this project back to the conceptual stage. Councilwoman Fall in asked why the Ute City Place is no longer part of this application. Harvey answered it was foreclosed on separately. Richman stated that component was a very important part of the employee housing because of its location and because it was production of employee housing rather than conversion of existing units. Its replacement should be comparable. Council- man Isaac asked what will be the part of this applicant in the Galena street improvement district. Harvey said what is involved in that improvement district are things the applicant is com- mitted to do in the PUD agreement. This becomes a question of timing. Harvey told Council it is his goal to get the 700 South Galena part of the PUD under construction this spring. Harvey said they will coordinate as best they can. Hughes moved to admit the charts as part of the record. Councilman Isaac moved to grant an extension to the date by which a building permit must be obtained for lot 1 of the Aspen Mountain PUD to March 16, 1988; seconded by Councilwoman Fallin. Mayor Stirling said this is one of the most important decisions this Council will make. Mayor Stirling said there have been some major changes since the original approval and since the exten- sions. Mayor Stirling said the Council is being challenged to confront those changes, like floor area ratio and scope and scale issues. Mayor Stirling said a lot of people in the community are unhappy with the scope and scale of the planned unit develop- m ent. Mayor Stirling said Council did spend a lot of time on this project and automatically extended the deadline once in the initial approval. Mayor Stirling noted when the original PUD was proposed, Council tried to keep it in scale and within guide- 17 ,. ------ ~ ---Co-urr~__._._~.____. ------.Se~tembe-r.._ 1-~;__._}-9 ~ai 11~C1.,~11of lines, and reduced the scale. Mayor Stirling said he feels this project is too big, and this is the opportunity to look at the project again. Mayor Stirling said many fundamental issues have already been addressed; this would not be starting from point zero. This project, as approved, has been fraught with problems. Mayor Stirling said the best interest of the Council and of the community is to take a fresh look at this site with this new applicant. The process can be fast-tracked, and the city could be through a new application in 9 months. This process could be completed within 60 to 90 days of the extension being requested. Mayor Stirling urged the Council to extend the submission date for lodge GMP applications to November 15. Mayor Stirling said to connect the future of the Aspen Institute and the hotel is not fair because they are two separate issues. Mayor Stirling pointed out this Council has already determined that the parking should be .5 to 1. There are many major issues that would be best addressed in looking at this in a coherent way and be beginning anew. Councilman Gassman stated he is opposed to this extension. Councilman Gassman said he feels this is talking about the fundamental concept, not details. Councilman Gassman said this was approved and received a quota allocation 4 years ago. Councilman Gassman said conditions in town are a lot different in town than they were 4 years ago. Councilman Gassman said it was felt town was in a crises 4 years ago as far as lodging goes, and since this has been approved there has been the Hotel Lenado, Independence Lodge, Sardy House, Hotel Jerome, the Applejack, Nugget and Guido's have been rebuilt. Councilman Gassman said he feels that getting an extension very few months, the town will get something piecemeal, instead of something that should be done as a totality. This is too important a project to the community to design it in an ad hoc fashion. Councilman Gassman said he woul d be derelict in his responsibility to the community if he did not look at it from the point of view of conditions in Aspen now. Councilman Isaac said Council voted on this, they approved the number of units that could be built on that site. Councilman Isaac said the new owner has bought a certain number of units and has a right to build those units. Councilman Isaac said he feels very strongly the new owner has a reliance to see this project through. Councilman Isaac said Council has a responsibility to make sure this will be the best project and to give an extension and not force the applicant to get a building permit next week. Councilman Isaac said it is incumbent upon Council to give the applicant six months and to work with the applicant to refine the project. Councilman Tuite said this was a long process and was a compromise process. Councilman Tuite said the applicant wants to 18 ReauiartiL~g---T-- ~sp~en City Council September 14. 1987 change what appears to be some bad design, and he is willing to go along with that. Councilwoman Fallin said this project has gotten better through the years. Councilwoman Fallin said denial of the extension may not accomplish what Councilman Gassman and Mayor Stirling are after because the applicants can get a building permit. Council- woman Fallin said she would rather extend the deadline and work with the applicant. Both times and the hotels have changed since this approval was given. Councilman Gassman said because there is a line between what can be changed and what cannot be changed to jeopardize the GMP approval, it is unduly restrictive for the possibility of being able to design a decent hotel if they do not like the design that has approval. Councilman Gassman said he does not feel this will take much longer than giving an exten- sion. Doremus said the applicants want the opportunity to make the hotel design better and to allow the Council to participate in its improvement. John Sarpa told Council the applicant has spent weeks thinking through the process and the best way to move it forward. Sarpa said the applicants will have an opportunity to work with Council over the next 6 months to make changes. Sarpa agreed this is a complex project; it has already gone through an extensive with a process and with the community. Sarpa said the applicant wants to preserve as much of the prior approvals as possible. Mayor Stirling asked if the applicants financing is in place to begin construction of the hotel. Sarpa answered it is. Mayor Stirling asked if Ritz Carlton is a partner or a manager of the hotel. Sarpa said Ritz Carlton is co-developers of that site. Sarpa said if they had the approvals in hand, they are ready to go. Mayor Stirling asked if enough will be accomplished in this six month extension period that another extension will not be required. Richman said it is difficult to judge the time required when plans are not in front of staff. Richman pointed out that six months is normally enough to handle an amendment; however, this project is not typical. Mayor Stirling asked what benefits there are for the community in this 6 month extension, like the parking obtained from the last extension. Harvey said the applicants are intending to remodel the Continental Inn lobby, restaurant and public space this f all as well as a facade remodel of the Continental. Harvey told Council the applicant has just received a parking plan scheme for 48 to 70 parking spaces on the west side of the Continental Inn. Harvey told Council it is the intention of the applicant in the spring to create some parks between Durant and Dean and Galena and Mill. Harvey said the improvements to Galena street have been dis- cussed. Harvey said these are all expensive projects. The check 19 R-eaul-ar- Meet-i~u-------_-__Aspen City Council - September 1~. 198 to Rubey park for $25,000 transit study has been tendered to the city. The applicant is discussing some improvements to the Meadows. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Councilman Isaac moved to confirm the interpretation of the planning director regarding the 13 residential units within the lodge and to grant an extension to the date by which plans sufficient for the issuance of a building permit for the 700 South Galena must be submitted by March 1, 1988; seconded by Councilwoman Fallin. All in f avor, with the exception of Mayor Stirling. Motion carried. Councilwoman Fallin moved to accept the 525,000 cash payment for Rubey Park; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. GAS ENA STREET-~-~M~R~O'Ft-RMF-N~ - ~-D 1 STR i C~ Jay Hammond, city engineer, presented a draft ordinance to establish the public/private partnership on the construction of improvements on South Galena and South Mill in the areas of the Aspe n Mountain Lodge and the properties Lee Miller is involved with. Hammond reminded Council they had discussed not f orming an improvement district but a partnership. This ordinance would establish the city contribution and set conditions for that contribution including funds to provided by the district. Lee Miller requested Council's support in order to proceed with a final draft of this ordinance. Miller summarized this ordinance if he can coordinate the residents and homeowners in the neigh- borhood to contribute about 5300,000, then city would then contribute 5125,000. Miller said it is critical to have the Aspen Mountain Lodge project proceed with some level of improve- ments on their section. City Attorney Taddune said this ordinance was prepared with some elements of a special improvement district and making the city contribution contingent upon performance of payment of the homeowners. Councilman Tuite stated he agrees with the concept but does have some reservations of a financial nature. Council agreed with the concept. Mayor Stirling moved to direct the staff to prepare a final draf t of Ordinance #41, Series of 1987, with all proper support documents satisfactory to the parties involved and bring it back to Council September 28, 1987; seconded by Councilman Tuite. All in favor, motion carried. 20 R~egtrlar M~etrrra--_- -----__-A-sp~en_._City--Counc~ _- _ __ .September 14. 1987 SIV©W ~7U1~F-_EOCA'~`i-f)Itfif ~S-E Q~`--COHi~1TY -LAND Mayor Stirling moved to table this to September 28, 1987; seconded by Councilman Tuite. All in favor, motion carried. HOLfiSTON--~~-~_..A~EAL This has been requested to be tabled to October 26, 1987 by the applicant. SHADOW ~~-T~-i~li, Mayor Stirling moved to table this to September 28, 1987; seconded by Councilman Tuite. All in favor, motion carried. STf?REHt1D~E .--B~3~ ~}~---OMP--- AM~NDME~TfiE (Councilwoman Fal l in 1 of t the room due to a conflict of i nt e r- est.) Stev a Burstein, planning office, reminded Council this was one of the three commercial projects approved in 1986 GMP applications. There are 9 different changes to the architecture, site design, reduction in the trash and utility areas, and recalculation and reduction in the employee housing cash-in-lieu payments. Burstein told Council the GMP amendment process is to discuss whether the proposed changes to an approved project changes the scoring. Burstein noted in this case the scoring did change from 29 points to 27.25 points in the amended scoring. This is still above the minimum threshold of 25.8 points and is still a valid project. GMP amendment review is also to determine whether the rank of a project changed in relation to other projects, which it did not in this case. There is also the concern of determining whether the aspects that are changed are appropriate or not. Burstein said staff feels the technical changes are appropriate; however, some of the other changes may not be appropriate. Burstein said both staff and P & Z accepted that changing the scale of the storefront windows and adding some additional bulk to the second floor did not substan- tially change the project. Burstein told Council in site design, P & Z has accepted what the applicant has requested, which is to change the surface treatment from brick and concrete to aggregate concrete and to delete the snow melt system. There was a proposal to put planters along the rim of the building. Burstein said the staff feels the brick and concrete treatment was one of the site amenities and was for a fairly large area adjacent to the commercial use. The new aggregate concrete is not the same quality of treatment. 21 Regular--i4eet~u------~--AsAe-rr~~-Cty Council- _ September 14. -1987 Burstein said the trash utility area has been reduced to 66 square feet by special review of P & Z, subject to some condi- tions. The employee housing cash-in-lieu has been reduced t o $ 40 , 7 20 f rom the original $70, 000. The housing authority has accepted that reduction based on new calculations because there is not a restaurant in the new structure. Burstein brought up condition #7 that the applicant would like to locate the gas meter on the Thrift Shop's site. The staff would like to see it on the applicant's site. Perry Harvey, representing the applicant, told Council that the P & Z could have either rescored this or could accept the scores of the planning office. Harvey said the P & Z did not score the project. Harvey said the applicant is concerned about the FAR that is available and has not been able to meet with the building department to resolve this issue. Harvey pointed out in the original plans there was a full basement for retail/wholesale and for a bakery. Harvey said the applicant has about 750 square feet of FAR that they are not using. Harvey said he thinks the planning department counted the FAR twice, and would like permission to get with staff and work this out to have an acceptable FAR credit. Council agreed that would be acceptable. Harvey said in the first condition in the memorandum he would like some language added about the doors and windows. Harvey said at HPC they talked about doing a door in one of the windows, depending upon how the retail space lines up. Harvey told Council HPC approved it, and P & Z reviewed it. Harvey requested adding language "that the door and window options and other items set forth on the building plans submitted to P & Z". Councilman Isaac asked if there were going to be steps into the spaces. Harvey said there will be no steps in the doorways. Harvey said he would like to have the revised landscape plan approved by Council. Bruce Sutherland, architect, showed Council the original plan with 7 trees. The reason the plan was con- figured the way it was was that the space on the corner was going to be a restaurant with garden seating. There is no restaurant in the building, and there is no need to do a divider to separate the restaurant from the sidewalk. Sutherland showed the new plan with the entire area opened up. Sutherland recommended putting in planters, benches and a trash receptacle. Sutherland said he f eels that the exposed aggregate gives a much better plan than trying to define an eating area. Burstein said what staff thought was good about the original plan was preserving an on-site tree. Mac Cunningham said the trees have grates around, which the CCLC approved. Sutherland pointed out the tree will be moved because there is a f ull basement out to the property line, and a tree in a pot does not have a very 22 R-e-a-ular---i~+f Aspen ~ City-~Councii September 14 198 good chance of 1 iving. Harvey clarified that the gas meter will be on the applicant's property. Harvey stated that P & Z gave a special review approval on the trash reduction. Councilman Isaac asked what the uses of the second floor and basement will be. Harvey answered the second floor will be office and the basement will be storage for tenants. Harvey told Council when the foreclosure occurred the basement was already constructed. Harvey said if the basement is used for anything else, they will need access and will need to go through the review process. Councilman Isaac said he is disappointed that people go through the GMP process and get points for amenities. When a project runs into problems, the owner wants to cut out amenities. Councilman Isaac said he feels this is a bad precedent to cut out items like the fire hydrant, details of landscaping and the size of the trash facility. Councilman Isaac said if this applicant had beat other projects out in the GMP scoring, he would not be inclined to approve these amendments. Cunningham t old Council nothing has been cut out of this project. Cunningham pointed out the original plaza area was 311 square feet and was awkward. Cunningham told Council he has completely opened up the plaza area to the public. Cunningham said this space will anchor Galena street s imil ar to the Vol k building at the other end. Cunningham said one reason for using aggregate rather than concrete and brick is maintenance, and it will read as one element tying the building together. Cunningham said he has spent a lot of money to bring the quality of the exterior masonry of the building to a standard that is important f or the town. Cunningham reiterated he has not cut corners and has spent more money than was originally planned for the building. Councilman Tuite moved to confirm the GMP allocation for the Storehouse project subject to conditions 1 through 9, clarifying that the FAR will be agreed upon with the building department and applicant, adding language to condition #1 "and other door and window options", and in condition #7 that the trash and utilities area be to the sketch dated Septembe r 1 , 19 87 , by Sutherland Fall in, and all utilities be on site; seconded by Councilman Gassman. All in favor, with the exception of Councilman Isaac. Motion carried. S[J$DI~ISLif3i~-~~~P~if?NN - 700 East Hyman Glenn Horn, planning office, told Council this project was approved as part of the 1986 residential GMP system. This is a request to condomiunimize four residential units. The planning office recommends approval subject to 4 conditions outlined in the memorandum, including a 6 month minimum lease restriction, and an easement be granted for a transformer site on site. Richard Luhman, representing the applicant, pointed out this 23 Re au 1-~a-r- N~e-~t i rr cr-~-_.__ __A~~n -e~ t-~r -_ ~o~rn c i _ _ _ _ . ___. _ . _ S e~nt-enrb~e r 1.4 19 8 7 property is located in the office zone. This is not a short term rental zone but there is precedent for Council waiving the six month minimum lease requirement when the character of the neighborhood is consistent with that use. Luhman said due to the proximity of the lifts, this would be ideal property to keep in the short term rental pool. Luhman requested Council delete the six month rental restriction condition. Mayor Stirling moved to grant subdivision exception for 700 East Hyman for the purpose of condominiumization subject to conditions 1 and 2, deleting condition #3; seconded by Councilman Tuite. Mayor Stirling pointed out that the city has begun to shift away from rental restricted projects that are in other than RMF or residential zones that are high end units and reasonably close to the lifts. Mayor Stirling said it is absurd to restrict these type of units to six month minimum leases. Mayor Stirling said these units are not designed for local use. Horn pointed out the way the Code is written there is no criteria for Council to determine when six month minimum leases are appropriate and when they are not. Council should establish this in the Code re-write so they have some criteria with which to make these decisions. Horn noted this area is starting to change to more of a short term tourist type area, probably as a result of the gondola. It is still designated as a mixed residential area. All in favor, with the exception of Councilwoman Fallin and Councilman Isaac. Motion carried. RE-17--R4QF --~-idid~--RRf1PC~3-E~3 .~UT~R~_ USES Hans Gramiger told Council if they were faced with an application for development on this site, they would not approve it. Gramiger suggested retaining the restaurant, lobby and first wing of the building and tear the rest down. Councilman Gassman said there is 20 years of history to tell the city the Red Roof is not a motel or 1 odge. Councilman Gassman said there are a lot of people in the community who have ideas about what this building could be used for. Councilman Gassman said the city should retain control of the Red Roof , at 1 east f or the short term. Councilman Gassman said he would 1 ike to get all the ideas for this building and have the Council evaluate them and decide what is the best use of the Red Roof. Councilman Gassman said the city previously has only entertained ideas from developers. Councilman Gassman moved to put the discussion of the future of the Red Roof Inn on a future agenda, and to ask staff to adver- tise to solicit ideas; seconded by Mayor Stirling. 24 ~e ctu i a-r -i~e-et-~rcr ~ -~---~-mss t~e~r £~i tv -~o un c i 1~~- - ~ Sept embe r i 4 . 19 8 Councilman Isaac said he was on Council when they opened it up to all kinds of proposals. Council came up with a zoning and use for the area which seemed to make the most sense, support for the golf course. Councilman Isaac said the city has looked at a myriad of ideas f or this building, and has come back to the idea of support f or the golf course. Councilman Gassman said if that was a reasonable use for the building, the city would not be going through th i s process every few years. Councilman Tuite said the city keeps getting the building back because the city keeps taking notes for the property. Councilman Tuite said he would love to have the city keep the building, but the city' s track record of keeping and maintaining buildings is atrocious. Councilman Tuite said the city has to sell it and it should be sol d f or cash . It shoul d be sold as an amenity for the gol f course. Councilwoman Fallin agreed. Councilman Gassman and Mayor Stirling in favor; Councilmembers Isaac, Tuite, and Fallin opposed. Motion NOT carried. Councilman Isaac moved to solicit bids for the Red Roof Inns over the next two weeks, have them opened on September 25, 1987, and be presented to Council at the September 28, 1987, meeting; seconded by Councilwoman Fallin. Jesse Berger reminded Council they already have bids. Berger pointed out Council was notified today that the M.A.A. was withdrawing their bid for the Red Roof. Berger said if the building is still open next June 22nd, he has music students that can use it. Mayor Stirling said he feels there are great community benefits this building could be used for. Mayor Stirling questioned selling the heart of the golf course. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Councilman Tuite moved to suspend the rules and extend the meeting 30 minutes; seconded by Councilwoman Fallin. All in favor, motion carried. B~JDGET - - Building Department Jim Wilson, building department, requested funds for another building inspector. Wilson told Council the building department is having a record season and expects this to go on for another 2 years. Wilson said due to this record activity, the building department is overwhelmed and overloaded beyond what one field inspector can physically perform. Wilson said there have been complaints about the amount of time it takes to get permits processed. Wilson told Council he has identified one critical 25 Re-qu-i-ar--M~e-eti-rr~-_____- n ---C~.-t~, ---~o-urrc i i- -- _ _ _._ . Sent embe r 14_. .1_.987. area which will help cut down the time for that process. Wilson pointed out the technical qualifications require a fairly high salary. Mayor Stirling questioned hiring additional personnel at the end of the building season. Wilson said there is a demand on the office staff at the initial permit stage, then reaches the field inspector stage. The busiest season for the field inspec- tor is the last two quarters of the year. Wilson is requesting $3,615 for the balance of 1987, city's share. Councilman Gassman moved to approve the supplemental budget to be paid out of revenues in the building department; seconded by Councilman Tuite. All in favor, motion carried. ~J-ESA`--F~201+~-...~_~0 =W~I~.R-...F`E~ Bruce Abel, RFTA manager, requested rebates of $4350 planning fees, and that the water tap fees be waived due to the public nature and community benefits of this project. Abel told Council RFTA has been working with the contractors and architects for the final construction budget, and requested Council's reconsidera- tion of the condition to increase the public restrooms in Rubey Park. Abel reminded Council the original proposal was for two facilit- ies in men's and two facilities in the women's restrooms. Based on the 1982 plumbing code standards, restrooms of that size will accommodate approximately 175 people. This is about 3 times the size building that Rubey park is designed to accommodate. Abel told Council the building was designed in recognition of that fact that the commercial core had need for public restroom facilities, and RFTA wanted to do their part in providing facilities above those required just by the transit center. Council imposed a condition to increase those facilities. Abel told Council if they reconsider that condition, RFTA will be able to trim $20,000 from the project budget. Abel said the project is in excess of the project budget. RFTA has been able to trim 535,000 from the budget by making some construction technique modifications that will not short change the project. Councilman Isaac asked how many people are moved through Rubey park in the winter. Abel said about 240 people for skier shuttles and 200 for the city routes. Councilman Isaac said to say the building is designed for the need of 60 people is not fair. Council stated they are not interested in reconsidering the number of restroom facilities. Mayor Stirling said Council has already accepted the 525,000 from Aspen Mountain Lodge project. Councilman Isaac moved to apply the 525,000 from the Aspen Mountain Lodge project to the improve- ments at Rubey park; seconded by Councilman Tuite. 26 ' A n~~---fit ~o-uncil_ ______. Se -ember -14: --1~~7 R.~-gu-l a-r--fi~e-~t-r-rru---- - _. __._ ~. ~.__. _ _ _ _ gt Assistant City Manager specif is because there city will be doing that Council should specify project or the city's. treatment and fixing t understood the $25,000 w which RFTA has already $25,000 back to RFTA. Mitchell said Council should be more are imrpvoements to Rubey park that the are not park of RFTA' s improvements. whether this money is to go to RFTA's The city will be extending the mall he alley. Councilwoman Fallin said she as to pay for the transportation study, pa i d f or . It seems fai r to give that Councilman Isaac amended his motion that the $25,000 is to repay RFTA for the transportation study at Rubey park; seconded by Councilman Tuite. All in favor, motion carried. Mayor Stirling moved that the Council not waive any of the planning office fees; seconded by Councilwoman Fallin. Councilwoman Fallin said Council has not waived fees for other special districts. If these fees are waived, the monies have to come out of the city's general fund. Councilwoman Fallin said even though this project is necessary for the public's benefit, the city is going to be spending a lot of money for improvements in the Rubey park area. Councilman Isaac said people are already paying for this project out of the seventh penny. All in favor, motion carried. Elyse Elliott, engineering department, told Council the water tap fee has been recalculated to $3,019 rather than the $1672 which was originally quoted to RFTA. Councilwoman Fallin moved that Council not waive the tap fee but that it remain at $1672 originally calculated to RFTA; seconded by Councilman Tuite. Mitchell told Council the city may not have the flexibility to do that because the code is specific about how the water tap f ee s are to be calculated. Mitchell said if Council wants to pick up the difference in tap fees, that would be more appropriate. Councilwoman Fallin said the water department should pick up the difference because the fee was calculated incorrectly. Councilman Isaac said the original schedule was to begin con- struction next week and asked if that is still the starting date. Abel said there is a $20,000 budget short fall to discuss with the RFTA board tomorrow. Abel said if the short fall is remedied at that meeting, they will begin construction Monday, September 21, 1987. Abel told Council RFTA is in a position to take care of the entire project in one construction season. 27 Re-gtxl-a-r-Meret-rrrcx----- ---A~e-n - C i ty- Co urr+~i i- - _ _ __. __ _ s~ ~mb er ~ 14 : 19 $ ~ Ms. Elliott reminded Council at a July Council meeting some adjacent residents brought up that the alley between Rubey park and the buildings is unsafe because of the ice build up, the drainage problem and potholes, all of which exacerbate the pedestrian vehicle conflicts. Council appropriated $4500 to build a sidewalk f rom Mill to Galena in the alley. Ms. E11 iott told Council if the sidewalk is constructed on top of the alley, there will be a problem moving the dumpsters out into the alley. With the sidewalk above the alley, the parking lot at Guido's will have a very bad drainage problem. Ms. Elliott told Council a sidewalk can be constructed on the same grade the alley is now. The problem with this is there will be an alley with two different treatments, which may give pedestrians a false sense of security and vehicles will not perceive there are two different treatments. Ms. Elliott said one solution is to build the sidewalk on the present grade of the alley and to lower the grade of the alley. Mayor Stirling asked if serial levy money can be used for this project. Mitchell recommended against using serial levy money for this; there will be barely enough funds to do the street projects. Ms. Elliott told Council staff recognizes this does not f unction as a normal alley but does have problems with building sidewalks in alleys. There are many residences that abut other alleys. There will be a problem clearing the sidewalk in the alley. The trees behind Guido's are in the public right-of-way and would have to be moved. If there is a sidewalk here, the design conf figuration for Rubey park will have to be changed because of the bus turning radii. Mayor Stirling moved to not require that a sidewalk be built in the alley north of the Rubey park project and that this not be part of any construction that is going on and deal with this sidewalk at the September 28th meeting; seconded by Councilwoman Fallin. Councilman Isaac said something has to be done to improve this alley. Ms. Elliott recommended doing the same surface treatment as that of the parking lot. This will cure the drainage and ice build up problem in the alley as well as f ix the potholes. Ms. Elliott told Council this solution will cost $15,000. Abel told Council it is important for RFTA to know what the solution will be so that the grades can be matched. Abel said RFTA's recommen- dation was to provide these residents access to a safe pedestrian way. Abel said he can see the need to create a sidewalk treat- ment to the Mill street mall; the greater problem is if the sidewalk goes from Mill to Galena because of the turning radius problems at the alley and Galena street. 28 Reqular-i~e- - --~A~s~~i-~ Coun-c-il__._..__. ______. ~-e~tem~-r-4,._._197 Mari Peyton said the sidewalk treatment does not lure pedestrians to this area. If there is no sidewalk, pedestrians are in the middle of the alley. Dan Shank, McDonald's, said with the length of this project, they expect the impact on their business to be about 25 percent. Shank said he would like to see all construc- tion take place at the same time. Andrew Dracopol i said this is not an alley; it is a public thoroughfare which cars drive through all the time. There are a lot of pedestrians also using the area. Dracopoli said this sidewalk does not have to be as high as it is in the downtown area; it just needs a small differentiation with a rolling curb. Mayor Stirling withdrew his motion. Councilman Isaac moved to appropriate $18,500 f or the construc- tion of the sidewalk and the alley north of Rubey park out of the contingency fund; seconded by Councilwoman Fallin. All in favor, motion carried. ~~ - ~-S_-flF ~ 1}~S~ - PCPA Loan Agreement Councilman Gassman moved to read Ordinance #39, Series of 1987; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #39 (Series of 1987) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN INTER- EST-FREE L OAN IN THE PRINCIPAL AMOUNT OF $100,000.00 FROM THE PITKIN COUNTY PARKS ASSOCIATION IN ANTICIPA- TION OF THE COLLECTION OF TAXES OR OTHER REVENUES FOR THE PURPOSE OF FACIL ITAT ING THE ACQUISITION OF OPEN SPACE AND ALSO AUTHORIZING THE ISSUANCE OF A SHORT-TERM NOTE TO EVIDENCE THE AMOUNT OF THE LOAN wa s r ead by the city clerk Councilman Isaac moved to adopt Ordinance #39, Series of 1987, on first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ~~~~ ~`-39$-7 - MEAN Participation Councilwoman Fallin moved to read Ordinance #40, Series of 1987; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #40 (Series of 1987) 29 ~ ~~ a_________~~ue~rr-C`itv_. - C o-un c-i i__ _ _ _ .. -- - Se pt emb a r- _14 . 19 8.7- AN ORDINANCE DETERMINING THE NEED FOR PARTICIPATION, AND AUTHORIZING AND DIRECTING SUCH PARTICIPATION BY THE CITY OF ASPEN, COLORADO, IN THE OPERATION OF MUNICIPAL ENERGY AGENCY OF NEBRASKA AND TO PRESCRIBE THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #40, Series of 1987, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling moved to suspend the rules and meet for 15 more minutes; seconded by Councilwoman Fallin.. All in favor, with the exception of Councilman Isaac. Motion carried. B-E11~RDS~-AND--- i~__A~Pf1-i~MRNfiS Councilman Isaac moved to table this until September 28, 1987; seconded by Councilwoman Fallin. All in favor, motion carried. C-AS~`~~~ N--~RES~-~uE~i~L~._ RED-iEW Mayor Stirling said this is a draft resolution which has been circulated to all member towns of the Colorado Association of Ski Town. The resolution addresses the issue solely of review by the forest service of pricing; it does not address any specific issues of pricing but urges the forest service to begin on an annual basis to have public hearings. Mayor Stirling said CAST will consider the discussions of the individual towns in their October meeting. Mayor Stirling said this is a generic approach and does not pass j udgement on any skiing companies . The resolution says on the use of any federal ground where there are ski permits that there will be some kind of hearing mechanism. Councilman Isaac said he does not want to see federal taxes go up to pay for bureaucracy to have forest service hire economists to go over the prices of ski tickets. Councilman Isaac said he would like to keep this in the local realm and not turn it over to Denver of Washington D.C. Mayor Stirling moved that the Council pass the draf t resolution and send it on to Colorado Association of Ski Town to consider at their October meeting; seconded by Councilman Tuite. Dennis Harmon, Aspen Skiing Company, said if the aim of Council is to receive public input, the Skiing Company has provided a vehicle to do that. Harmon said Council should be concerned about inviting federal government to get involved in local issues. It is easier to turn the federal government on than to 30 u-far--Me~e-ti-nu---------~st~e~r-~e itv---~o-u~ci-1 - - _ - -_ _ . Se~tembe r _i 4 . _ 19 87 turn them off. Harmon said the early indications are that the phone volume and reservations are very good, and it looks like it will be a good winter. Harmon said there is an opportunity for democracy to work because people will vote with their f eet and go elsewhere. Mayor Stirling pointed out that skiing companies have use permits to use federal ground. Mayor Stirling stated ski ticket prices have the potential to effect the entire community the way that no other entrepreneur does. Councilman Tuite said he does not f eel this will get the federal government to give the type of service and review that is needed. Councilman Tuite said he feels the Skiing Company has been very responsive. Councilman Tuite said a lot of citizens are very concerned that if the forest service review is not used, it could go away. Councilwoman Fallin said this clause is in the books for everything that happens on forest service land, not just skiing. In the late '70s the forest service said they felt with the increase in ski areas across the country that the market place will take care of itself. Councilwoman Fallin said areas of equal quality are priced similarly. Councilwoman Fallin said the federal govern- ment has never done anything simply, like a simple review. It would increase the cost in the forest service and in many ski areas. These reviews require lawyers and accountants and cost money. Councilwoman Fallin said ski areas will not bear the burden of this cost; it will be reflected in the price of tickets. Richard Roth said it was the decision of the f orest service in 1975 not to hold hearings. Since 1975 the ski ticket price has gone from $12 to $35. Roth said the free market system has not worked. Roth said they want local hearings right here in Aspen about the ski ticket prices on federal lands. Roth said voting against this resolution is voting against public input and an open process. All in favor, with the exception of Councilmembers Fallin and Isaac. Motion carried. PA~i~-~~~--~--i~fOi~A~e~--A~$ - Aid ~I S (Councilman Gassman and Mayor Stirling left the meeting due to conflict of interest. ) Assistant City Manager Mitchell told Council the cost of doing this alley is $15,000; the businesses in the area are willing to pay for hal f the cost. Mitchell reminded Council they have used up all the contingency fund except $6,000. Councilman Isaac suggested Council look at this in the 1988 budget as a capital improvement project in relation with all the other projects. Mitchell said there is the availab- 31 ~~ ~ ______A~n__Ei.~____C-o~un~cil_____._____.__. _. ~ept~mb~~r __l_~4_, i98-'~ ility to get this done; Elam is working in town. This alley has had drainage problems and this would help to correct it. Katharine Thalberg noted Council just voted to spend money f or a sidewalk in the alley at Rubey park. These businesses and residents put in their own sidewalks and do their own landscap- ing. This block is essentially commercial with 17 businesses and offices on the alley. There is a lot of traffic. The alley is very dirty and contributes to the pollution. The business owners have spent money dumping gravel in the alley. Ms. Thalberg said Council needs to address the needs of businesses that are not on the mall. It is in the best interest of the city to pave this alley; it is a tremendous source of dust. Councilman Isaac asked about oiling the alley instead of paving the alley. Ms. Thalberg told Council she met with an Elam representative and discussed oiling the alley as an alternative. Oiling has to be redone every coupl a years and is not an economi- cal way to take care of the alley. Ms. Thalberg told Council 15 out of the 17 businesses and 2 out of the 3 residences have requested that this alley be paved. Ms. Thalberg told Council the engineering department and city manager are very much in favor of this and feel it is an area that has been neglected. Ms. Thalberg said the adjacent property owners are willing to pay their share. Mitchell said if the businesses are willing to pay, then it is something the city should pursue. Mitchell said the staff does not recommend the city pay the entire amount because there are a number of alleys that are unpaved. Councilwoman Fallin asked about using funds from the serial tax levy. Mitchell said over the 5 years, even with the possible increase in revenues, there is barely enough money to deal with the street problems. Councilwoman Fallin said the only option to do this is use up the rest of the contingency fund. Councilman Isaac said this is a good project but it should be looked at in terms of the other budgetary requests. Councilman Tuite said this is a case where a group of citizens is willing to put up half the money, and if the city matches it, the work is done. Councilman Tuite said he would like the half that is going to be p~t up by the citizens be put up front. Councilman Tuite moved that the city pay 50 percent of the share up to $7,000 provided the business owners' money is put up bef ore the city'; seconded by Councilwoman Fallin. Councilman Isaac reiterated this has to be evaluated in terms of other needs. Mitchell said there is nothing in the capital improvement plan to address any alleys. Councilman Isaac said the alley behind Rubey park gets constant use from the buses. 32 Re-a~ul-a-r--~rrcr As~pe-~r--~i-t~ --Counc~i-1--- __..__ _ __ _ Sept ember 14 . 19 8-'~ All in favor, with the exception of Councilman Isaac. Motion carried. Mayor Stirling moved to suspend the rules and extend the meeting to 10 p.m. ; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Isaac. Motion carried. 5~ 3 -- Jim Wilson, building department told Council this issue came about due to a complaint received f rom a neighbor June 25th. The neighbor thought this structure might be over height. Wilson told Council the first thing they did was to check the plans that the building was permitted on. Wilson said based on that set of plans, they had a permit to build over height. Once this was determined, staff went to a more formal method of determining height, which was to ask the contractor to employ a surveyor to shoot some specific elevations. In this case, staff asked the surveyor to shoot the ridge height. Once they established the ridge height, they went back to the natural, undisturbed grade to determine the height of the building. Wilson said using the surveyor' s information and as close as possibl a to natural, undisturbed grade found that the building is 14 inches over height. Wilson said this information was evaluated July 14th. Wilson said there was a building on site prior to construction of this building. Typically, a building is graded away from for drainage purposes. City Attorney Taddune told Council over the past month, there has been confusion as to whether the building is 6 inches of 14 inches over height. Taddune said he has asked for a research memorandum concerning the law involved in this situation. Building plans were submitted and based on the information submitted, plans were approved and construction begun. Taddune recommended the city serve a show cause order on the order of the building to demonstrate why they should not be f orced to reduce the height of the building. Taddune said this will give the building owner an opportunity to present their side of the story, which can be presented to Council. Taddune said what the neighbors are concerned about is the area and bulk in residential neighborhoods. If the height on this house is reduced, it will still intrude into the feeling of openness. Taddune told Council in other cases of bringing an on- going structure into compliance, there generally has been a clear violation of an approved plan by the developer. Taddune said there are two issues; the house in this setting, and the feeling of largeness and that it is out of character with the west end. This is a broader issue that the house itself. 33 Rya u~ a ~-M __ _._ As~pe-rr--~ity--Co-u n c-i l_ _ _ _. ~.__. __- --Se ~t em b e. r- 1-~4 ._ i 9 8 7 Wilson told Council the building code states when a plan is approved, it does not give anyone authority to continue to violate the building code or other ordinances. Taddune said the city does not know the developer's position with respect to how the violation occurred and exactly how much over the height limit the building is. Frishman pointed out the surveyor worked for the builder and suggested there should be an independent sur- veyor. Councilwoman Fallin said if this started in June, why is it just now coming to Council. Wilson said it has been in discussion in staff level. Wilson said until the city estab- lishes what the violation is and the degree of the violation, it is not legally wise to red tag a project. Taddune told Council there has been a lot of discussion about this structure and trying to figure out the facts and to do what is just. Councilman Gassman moved to ask the developer to show cause why he should not be required to meet the height limit, and to ask staff for more information on how this got to this point; seconded by Councilman Isaac. Councilman Gassman amended his motion to give official notice to the developer that the city suspects there might be a violation and they need to prove that they are not in violation and any work done beyond that point would be at their risk; seconded by Councilman Isaac. All in f avor, motion carried. Councilman Isaac moved to approve the consent agenda; seconded by Councilwoman Fallin. The consent agenda is minutes July 17, 20, 27, August 10, 1987; Liquor License Renewals - Steak House; City Market. All in favor, motion carried. i-i~t~ ~~~ .~R~D~~ F Mayor Stirling moved to bring this item to the September 28th meeting; seconded by Councilwoman Fallin. Mayor Stirling stated he is opposed to this increase and is opposed about using higher fees to increase resources and to increase personnel. Brooke Peterson, municipal judge, told Council his increase of the parking fines has nothing to do with the revenue raising effect of those parking fines. Peterson stated he does not feel it is an appropriate function of the municipal court to be raising revenues for the city. Peterson said his position is that current parking fines do not act as a deterrent for parking violations in the downtown area. Peterson advised the Council that the issue of the parking fines is at his discretion. Peterson said he will take into account any discussions of Council. 34 R~e~atx l-a-r-- i~e-e~t-i-ncr--.--__. _ ~~.~-~-Lty---noun c i ~- -_ __._ _ _ - ___ ____ -~e~t~mb~e_r _ _ 4 - i 9 8'7 All in favor, motion carried. Councilman Tuite moved to adjourn the meeting at 10:10 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Kathryn S. och, City Clerk 35