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Home My WebLink Aboutminutes.council.19790709 Regular Meeting Aspen City Council July 9, 1979 Mayor Edel called the Joint meeting with County Commissioners to order at 4:15 p.m. with Commissioners Child, Kinsley, and Edwards, and Councilmembers Michael, Isaac, Collins and Parry present. Also present were County Manager Ochs, City Manager Stalf, County Attorney Stuller and City Attorney Stock. 1. Communications Board Request. This was put off until the July 23rd meeting. 2. Common Purchasing Department. Mayor Edel put this on the agenda because he thought witk the combined purchasing powers, the City and County could affect savings from paper Purchasing clips to automobiles. Mayor Edel suggested the City and County managers-work on this. Com~issioner Child suggesters% getting Snowmass Village involved also. Ochs pointed out the biggest problem is finding a place to locate to store in quantity and that will be secure. Ochs also said he would like to do it on a contracting basis. Councilman Parry suggested the Obermeyer property. 3. Job Service Center Funding Request. Mayor Edel said it was his understanding that the City and County managers were to come up with an answer. George Ochs said the City and County both allocated $250, and the city manager was to monitor it and give a report. Ochs Funding request said he did not want to get involved beyond contributing money for two weeks. Ochs told~ Job Service the Boards he had met with City Manager Stalf, and the funding would continue through Center Labor Day. Stalf said that Jere Rood's report tells what is going on in the service. This could be run through the city and county personnel'directors. Stalf said he did not see any reason to drop the service, it seems to be working at a serviceable level. Stalf said he had talked to the Chamber, and they did not have any interest in getting involved, although they feel the service is valuable. Councilman Isaac asked if the State had been contacted; Stalf answered no. The total budget presented by Rood through Labor Day is $1500. Councilman Parry suggested that Rood keep reporting and keep records so that Stalf can contact the State. Rood said he felt his records would be able to prove a need for this being funded by the State. Mayor Edel said if the $1500 is agreed to, Rood should keep reporting on a regular basis; the city and county personnel directors can keep tabs on what is going on and report to the Boards. Mayor Edel said he is not sure that the city and county should De doing something that is a function of the State. Councilman Isaac asked to try to get Snowmass in on this. Councilman Parry moved to advance $1500 for this summer only for a test period and to have it monitored by Patsy Malone and Phyllis Kenny with reports back to the Boards; seconded by Councilman Isaac. All in favor, motion carried. 4. Water Plant Housing Annexation. City Attorney Stock presented the water plant housing Waterplant annexation as discussed at the last joint meeting; the request was annexation of 10 feet ~ousing along the property contiguous to the City's current boundary line and a one foot strip annexation into the City's property. Stock told the Boards he had prepared an annexation petition and presented it to the County and had not been able to come to a resolution of the language. Stock said the County had asked for two sections; (t) Nothing shall be construed as to constitute an agreement by the Board ~f County Commissioners to defend the validity of 'the proposed annexation or t~ ~e and opinion as to its compliance with the Municipal Annexation Act of 1965, which Stock had no problems with. The section relating to the rest of the County-owned land had said. the City could not annex either one using the provision of the enclave law without th~-Commissioners approval. Stock said he could not approve that because he felt that was giving away future legislative powers. Stock recommended that the City agree not to receive any improvement of position as a result of this annexation. The language said that the new boundary could not be used in calculating contiguity to create a 2/3 boundary for the 10 acre parcel. This language was not accept- able to the County. Commissioner Edwards said the County's housing authority cannot act in the City's incorpor= ated area. The language as drafted only states the City will not use the water plant site to establish contiguity, but the City may annex other things, and it does not say these other annexations would not be used to establish contiguity. Mayor Edel pointed out the City is trying to annex land to build housing, and it seems this is a positive step. The City needs this quickly. Commissioner Kinsley agreed with Edwards and explained the County did not want to be constrained in the future from doing what they want to with their land. They are looking for language to assure that. County Attorney Stuller told Council their concerns are that the 10 foot strip will be unilaterally annexed. The City can unilaterally annex without consent of the property owners if they have 2/3 contiguity with a parcel of land. The County's position is to put this land in a position where the City would have to get the County's consent to annex. Also, if this parcel is annexed it creates a whole new boundary from which contiguity can be established for further annexations. The County is asking that the City grant to them the right to consent to annexations of the balance of 10 acres plus the land to the west. In addition, the City agreesto receive the County's consent to annnexation of other lands whose contiguity is create~ by the annexation of the 10 foot strip and~l.the parcel. Stock feels this would be a delegation of Council's legislative power. Ms. Stuller feels there is no difference between the proposals. The City can annex solely at its discretion. If the City is willing to waive their right to unilaterally annex both the County's.land west to the hospital and the balance of this tract, and give the County some voice in further annexations that are made possible by this activity, then the City is putting the County on a parody; giving the County control over the development of their lands. Stock told the Boards there is a difference between the proposals, it is the bargaining away of legislative power; and to create a situation that by the agreement to annex, the City is in no better position to annex the 10 acre tract. Mayor Edel said this Council cannot give waivers in perpetuity. Ms. Stuller said she felt the section is enforceable and the County is willing to take the risk. Stock said he would ask for a waiver, that if that provision is not legally binding, the annexation is still legally binding. Ms. Stuller said this should cover both levels of annexation. Stock said that should only deal with the 10 acre parcel and not other County-owned property. Councilman Van Ness said there is a crucial difference between the City using this strip to annex County land and the City coming around and doing it by a normal method. Councilman Van Ness said he did not like to give up rights in perpetuity. Councilman Van Ness stated he would be willing to say the City won't use the line the County is giving to further the annexation program, but he did not want to go beyond that.. Councilmembers Isaac and Michael agreed. Mayor Edel said he was willing to give up the 10 acres to get the project going; Councilman Parry agreed. Councilman Collins pointed out the County is asking the same things so that they may develop a housing project as the City is asking the County to do to accommodate the City's program. COUNCIL MEETING MINUTES There were none submitted. ~ITIZEN PARTICIPATION 1. Diane Minetta presented a petition against the 1/2 hour parking in the downtown area. Mayor Edel said that the City is going through a test during this summer to find out how it works; this was recommended after a parking survey and study were done. The 1/2 hour petition read, "We, as employers and employees of shops, restaurants, and other businesses parking in and as residents of Aspen and Pitkin County, are opposed to the 1/2 hour time limitJ c~L~t~rcial currently being enforced on downtown parking. This does not allow consumers sufficient core time to eat or shop. It is an inconvenience to return to your vehicle every half hour only to move your vehicle to the next closest parking space or perhaps drive to your destination, both increasing the anxiety of shopping downtown and aggravating the apparent gas shortage. We are confident you will see the validity of our argument and return to a one hour time limit for downtown parking." Ms. Minetta said that the tourists do not know about the perimeter parking. With the gas shortage and business down 12 per cent, they do not need this. Curt Baar said the biggest problem is parking. The Council, at the earliest possible, should address the problem and start talking about additional parking close to the downtown shopping area. Mayor Edel affirmed Council is very intent on this problem, they are discussing solutions. 2. Skip Horner told Council he is organizing a climbing expedition to Himal Chuli in Nepal. It is a mountain that has been attempted 11 times and has been successful twice; Himal Chuli the route they will attempt has never been successful. This team is basically from Aspen. climbing Horner told Council they are raising funds and have been sponsored by the American Alpine expedition Club. They will be putting together benefits. The prime emphasis of the expedition is to promote Aspen as a healthy place to be. Horner asked Council for their endorsement. Their budget will be $75,000, which is very small for a climb of a 27,000 foot high mountain. It is lightweight, clean and ethically pure expedition. Mayor Edel asked Horner to put in writing exactly what he would like from Council for the next meeting. Councilman Van Ness said the Council nee~ to set a policy on when and under what circumstances they contribute monies. There are a lot of noteworthy groups with projects that would add to the credit of Aspen, and Council needs a standard policy. COUNCILMEMBER CO~ENTS 1. Councilman Parry brought up Franz Berko's letter regarding sidewalks and said there are Sidewalks.~ several sections of sidewalks that are in bad shape. Councilman Parry asked if there was something the Council could do and was Council interested. Mayor Edel said this is going to be looked into for the next meeting. Stalf told Council his understanding is that the City cannot force people~to put in sidewalks unless there is improvements to the property. This will be discussed as part of the downtown beautification program. 2. Councilman Parry said Council received a letter from the Visual Arts Center telling Fountain sclupturethe City what they have in mind for the fountain sclupture, and it is not what Council had i in mall in mind. The City allocated the $15,000 to have a working fountain in that location and the money was to be a prize. Councilman Isaac said the ball was handed to the VAC because Council did not want to do it. Councilman Isaac explained the payment schedule is to allo~ for some money up front. Councilman Van Ness said the City should set up some ground ruleS! for this. Council asked that this be discussed on the next agenda with some background. 3. Councilman Van Ness said he was still in favor of getting air conditioning. Mayor Edei told Council he had signed a purchase order for two fans. 4. Councilman Van Nes~ said he was uncomfortable with the table. 5. Councilman Van Ness said on the one,half hour parking, he would hope that if it does 1/2 hour become apparent before the tester period is over, that the City bails out before they go parking completely under. 6. Councilwoman Michael suggested the Council table be a V-shaped or a semi-circle and asked City Manager Stalf to work on it. 7. Mayor Edel recommended that anyone who had not had the golf course tour to get ah~ld of Jim Holland and follow through. GRASSROOTS - Funding Request Candi Harper told Council the program they help fund on water will be on PBS tomorrow night. There is an appropriation each year by the city for Grassroots with the understand~ Funding lng Grassroots will talk about the programs they need help funding. In the past, they request have done a show telling people how to get around without automobiles and'Council has ~iGrassroots always helped with the funding. This year they will be shorter shows and cover all kinds of activities; they will be very straightforward. Ms. Harper also asked Council if they wanted to participate in any programs. MayOr Edel told Council he had met with Councilmembers Isaac and Behrendt, Grassroots and the two radio stations, in an attempt to get to talk to the citizens. Grassroots has come up with a program where they are asking Councilmembers to join them in a program to give opinions or solicit opinions from the audience. KSNO and KSPN will do a number of spots tQ let people know the Council is putting in a hotline to be manned by people on Council. Councilman Isaac suggested each Council person take one hour, one day a week. Mayor Edel said he felt this was a good effort and would like to see it get started. Councilwoman Michael told Council that KSNO was setting up a program for the Thursday before every regular meeting to have Councilmembers and staff people to generate discussions on agenda items. Ms. Harper suggested taking an off-Monday in August and trying a live feedback show with the entire Council, perhaps to address one issue. Councilman Van Ness told Council last year the Council did 1/2 hour shows with someone from the City staff as guests. Mayor Edel asked Councilman Van Ness to develop a program with Grassroots that would be of some interest. Mayor Edel said the radio stations will promote the phone number of a hot line and the fact it is available to call in. Council members will man the phones and it would give them a direct line to the citizens. Councilman Van Ness pointed out it might be risky~it is dangerous for Council to do business on a public level one at a time. Councilwoman Michael said it might be more effective if the citizen gets directly to the staff member they need. Councilman Collins pointed out this would take up more time during the work day. Councilmembers all have hotlines available at anytime at home, business or City Hall. Councilman Collins said the dialogues on the radio are mostly in terms of City operations; the City has department heads and staff that are better qualified to answer these questions. Councilman Parry agreed it puts a lot of pressure on Councilmembers to come in for two hours. Councilman Parry said he would like to do the talk back program on KSNO. ~ Ms. Harper said she would like some feedback from Council about the programs Grassroots is doing. Grassroots does volunteer shows with staff members. Ms. Harper told Council that cable is expanding and building a new building; they have not included space for GrassrootS. The City is the bargaining agent with Canyon Cable as far as space for community TV. The cable is beginning to become a limited resource. There is an alternative of working some space into the Wheeler Opera House. A permanent home for Grassroots is the biggest problem they will be facing. Ms. Harper told Council $3,000 was budgeted; they have spent $1,000 on the transportation program, and are requesting the balance. Councilwoman Michael moved to allocate~ the remaining portion of the Grassroots budget for 1979 of $2,000; seconded by Councilman Collins. All in favor, motion carried. Ms. Harper told Council their lease for the space and the channel is up in January 1980. They have been offered a lease for part of a channel. City Attorney Stock told Council had called the TV corporation and told them how important Grassroots was to the community and has gotten assurances they would continue to work out an agreement. Councilman Van Ness said he would like Grassroots to get together with Stock and look into the legal structure to see what kind of leverage the City has and to come back with a status report. ~egu±ar meeting aspen ul~y uouncl± Ju£y Stock told Council Canyon~Cable would be before Council this fall to ask for a rate increase; at that time Council has some leverage to make sure there is a lease. Ms. Harper said she would like an expression from Council that they feel community television is important. Councilman Van Ness asked Stock to look at the franchise and the legality and see what the City's rights are. VENDING CONTRACT - Tom's Market Stock said he felt Council wanted to look at the possibility of allowing some vending Vending but to remodel the ordinances so that there is a possibility for Council to say no for contract what they consider inappropriate uses or vending within commercial area. This will not Tc~a's be done for some time. If Council wants to allow this particular business to do any Market 'vending, Stock drew up a vending contract ~ trestricting use to a small area of the side- walk. This will not interfere with pedestrians using the sidewalk. Stock told Council he has tried to limit the use so that it will not create a precedent for other businesses of different types. Councilman Collins said he would like to see the time of the lease shortened so that it did not slip into next July, but Council could have time before the summer season to look at it objectively. Stalf suggested wording this like the mall leases, that it is valid-. for the summer months only. Councilman Van Ness said he would like to see this fruit stand set up, but if Council allows it here they will have to allow it everywhere. Councilman Van Ness stated he was opposed to sidewalks being opened up to commercial businesses. Councilman Isaac agreed this is opening up Pandora's box, the City's side- walks are not wide enough and it blocks circulation. Stock told Council when he drafted this license, he tried to indicate this is %he only general food market within the commercial core of the city that would be able to vend in front of the establishment. The other two markets have private access in front of their doors which the City does not control. Stock said he tried to draft this so that it did not create a precedent for any other business. "Councilman Parry asked why it was worded to say, "fresh fruits and other grocery-related items"; that could be anything. Council changed it to fresh fruits, vegetables and juices. Councilman Van Ness said he did not feel this is fair, if Council is intending to tell everybody else no. Councilwoman Michael said Council wants the set up so they have the right to make reasonable distinctiOns. Councilman Collins moved to approve the agreement between City and Tom's Market as amended, the 9 month period instead of one year, scratch other grocery related items and insert vegetables; seconded by Councilwoman Michael. Councilman Parry asked that the wor~ing for the term of the lease be changed to that of mall leases, the months of June, July, August and September. Councilmembers Collins and Michael accepted that amendment All in favor, with the exception of Councilmembers Van Ness and Isaac. Motion carried. SPECIAL EVENT PERMITS~- Aspen Center for Visual Arts.~ ~ Special Event The Visual Arts Center is asking for three nights for openings, July 13, August 12 and Pennit September 21, 1979. Visual Arts Center Councilman Parry moved to approve the three special event permits; seconded by Councilwoman Michael. All in favor, motion carried. LIQUOR LICENSE RENEWAL - Freddie!s Liquor License Councilman Parry moved to approve the beer and wine renewal for Freddie's; seconded by ReneW-al Councilman Collins. All in favor, motion carried. Freddie"s Claire Sanderson?comPlimented the City for their gardens this year and told Council they are really beautiful,, and are very well kept. LIQUOR LICENSE TRANSFER - Stonehenge Councilwoman Michael told Council some staff and Council had prevailed upon her to Liquor License reassess on how she would vote on liquor license matters. Councilwoman Michael said she Transfer will not vote on new liquor license applications, but that she will speak and vote on Stonehenge transfers and renewals, tabled Barry Edwards, representing Stonehenge, which is a~ Colorado corporation formed in 1977 and acquired the then-Silver Plume. They ran Stonehenge as a disco, and in October 1978 it was sold to Aspen Cattle Company for secured indebtedness; this became a problem in early 1979 because the corporate purchaser ran out of funds and defaulted on its obliga- tions. Edwards told Council that in lieu of foreclosure, they have taken back the premises subject to Council's approval. Stonehenge of Aspen is a secured creditor for closing while actually reacquiring its collateral in lieu of forclosure. Because of this, they are different from the common purchaser who is paying cash for something. Aspen Cattle Company has no assets. Edwards said he understood it was the policy of previous Councils and may continue, to require a purchaser of a business to pay creditors which have not been paid by the trans- ferring party. Stonehenge is not in a position to do this; they are a creditor themselves. This would require Stonehenge to sit with a vacant premises until it sues Aspen Cattle Company. Edwards said if they did not get the collateral back, they would be out a lot of money. ' Councilm~n Van Ness said the mot~.ion to pay back bills for Rick's American Cafe only applied to Court judgement~. Mayor Edel said the word was proven debts, haVe to be paid before the renewal would be granted. Councilman Van Ness said it was his understand- ing they had gone to court and won. Councilman Van Ness said he felt that the City should not become a collection agency. Councilwoman Michael said she felt that Council ~egu±ar ~ee~lng Aspen city ~ouncll July 9, should ask the City Attorney to research what kind of rights and responsibilities Council has as the liquor ~uthority as far as requiring that bills in the private sector be paid '~ ~before a license isl transferred. Mayor Edel suggested getting a specific policy at the meeting with the s~ate liquor people scheduled for next Monday. Barry Edwards told Council his client is in the position of foreclosure through the courts. Edwards' client has loaned money to the business and is getting back what he sold. Edwards said this action is penalizing the secured creditor and patting the debtor on the back and putting an unsecured creditor in a premier position. Edwards said he did not see any authority for Council requiring a secured creditor to be anything more than a person who is not prohibited as a licensee. Councilman Collins moved to approve the license transfer; seconded by Councilman Parry. Brooke Peterson, who has represented the Aspen Cattle Company, told Council they were continuing to make efforts to pay off the creditors. There were outside problems in the business being closed to plumbing, etc. Mayor Edel asked if the previous Council had subjected every transfer to the rule of paying their debts before the transfer was per- mitted. .City Attorney Stock said he knew of none that this was not required. Councilman Parry pointed out this was only:in purchasing a bus~n~s~ not foreclosures. Stock said he had been under the impressioh it!was Council'~ pol~y to require payment of back debts: Councilman Van Ness said t~ere should be a poliCy~for this Council that is written down. Mayor Edel agreed that Council should not set precedent and should set their own policy. Councilman Van Ness made a substitute motion to table until July 23, 1979; seconded by Councilman Isaac. All in favom$ ~9~ion carried. Edwards pointed out this is a very important consideration for any creditor in this town. If anyone is to loan money to a business_.with a liquor license, they will look for other -collateral if the liquor license ~3~% going.:.to~!~come back to him. Councilman Isaac agreed and pointed out that the CounJi~:b~9~53~0 make sure these people will have a viable business. All in favor, motion carried. LIQUOR LICENSE STOCK TRANSFER - Galena Street East Liquor License This is an application for transfer of 35 per cent of the stock from John Satre to John stock transfer: Rubino. Galena St. East Councilman Parry moved to approve the transfer of stock; seconded by Councilwoman Michael, All in favor, motion carried. LIQUOR LICENSE TRANSFER - Little Italy Ashley Anderson introduced Harley Baldwin, said he would go on line for every debt incurred and is doing things on a cash basis. Baldwin would like, as the landlord, to take back Liquor License! over this space. Anderson explained this was not a creditor coming in, but a case of an transfer owner going into the restaurant business. It is unusual for a landlOrd to come in, take Little Italy over the space and run a restaurant himself; this is unlikely to set a precedent. tabled Harley Baldwin told Council there is a large amount of debt left by Luke's Cafe, but it does not represent anything over there now like furniture, fixtures, bars. That ~s--~Aat Baldwin rented them, and he would like it back and like to be able to do business ~ith ~hemg The debts are advertising, sign painting, food, liquor. These debts are no asset. Councilman Van Ness proposed that after the liquor license discussion next Monday, that Council make a decision on this application and on Stonehenge, Councilman Van Ness moved to table Little Italy and Stonehenge until July 16; seconded by Councilman Isaac. All in favor, motion carried. APPLICATION FOR 3.2 BEER LICENSE Little Nellie's Deli Mayor Edel opened the public hearing. The city clerk said the file, posting and publica- tion were in order. Application Jon Seigle, representing Gourmet Junk Foods, told Council this was formerly known as 3.2 beer Paco's Tacos and had had a 3.2 beer license. The corporation did not buy the license, Little Nellies although~ they had a license and went out of business. The applicants took the business Deli over on May 31st. Seigle told Council there is no other place in town that has a 3.2 beer license. The menu in this establishment is so much cheaper than any other place in town, it is catering to different people. Seigle presented petitions from people of the citizen of Aspen stating there is a need for this type of license to be issued. Seigle~itold Council the owners of Gourmet Junk Foods, Inc., are Lee Robinson and Charlie Fichman, who have been running Donnie's Dog House known as Burger Brothers. They have been in the restaurant business in town and in other locations. Seigle gave Council a map of the premise. Mayor Edel asked for opponents. There were none. Councilman Collins asked for staff comments. Bob Jacobs, fire marshal, told Council they have made a lot of improvements at this location. Councilman Parry moved to grant a 3.2 beer license to Gourment Junk Foods as the needs of the neighborhood have not been met, nor the desires of the inhabitants; seconded by Councilman Isaac. All in favor, Councilwoman Michael abstain. Motion carried. Regular Meeting Aspen City Council July 9, 1979 APPOINTMENTS TO BOARDS & COMMISSIONS P&Z Appts 1. Councilman Isaac moved to appoint Lee Pardee, Nancy McDonnell, Olaf Hedstrom and Roger. Pardee, Hunt to the P & Z; seconded by Councilman Collins. All in favor, motion carried. McDonnell, Hedstrc~, Hunt 2. Councilman Isaac moved to appoint John Herz as an alternate to the Board of Adjustment; seconded by Councilman Parry. All in favor, motion carried. Bd Adj/Herz 3. Councilman Parry moved to appoint Jan Wirth as a regular HPC me~ber, a~d Richard HPC/Wirth & Cicero as an alternate; seconded by Councilman Isaac. All in favor, motion carried. Cicero (alt.) 4. Councilman Isaac moved to re-appoint Robert Dunlop to the Board of Examiners and Bd Exm/Dunlop Appeals; seconded by Councilman Collins. All in favor, motion carried. SUBDIVISION EXEMPTION - Aspen Professional Building Richard Grice, planning office, told Council this is a request for subdivision exemption Subdivision for the condominiumization of the Aspen Professional Building. There are no residential Exemption units involved; it is all businesses. The engineering department, city attorney, P & Z Aspen and planning office all recommend approval without conditions. Professional Building Councilman Collins moved to approve subdivision exemption; seconded by Councilman Issac. All in favor, motion carried. PROGRAM FOR DOWNTOWN ASSISTANCE Karen Smith, planning director, told Council that Councilwoman Michael had asked Ms. Smith for her impressions in participating in two major issues on the ballot, and having lost Downtown both of them. Ms. Smith said that the downtown beautification issues was part of a history Assistance of pride in Aspen, and that the election defeat did not mean dislike of the plan itself Program but rather a dislike of the mechanism of funding it. Ms. Smith told Council she has had a number of people asking what they could do to input into the downtown plan, such as street trees, sidewalks, landscaping, crosswalks, lighting, etc. Ms. Smith said she has seen a grassroots effort, people committing to make some improvements and how Council might assist that effort. Ms. Smith asked Council if there was enough interest to pursue a budgetting proposal for next year. There are some elements that can be done on a quicker basis; the adoption of detailed street landscaping and sidewalk improvement guide, which was proposed as the next step in the downtown plan. This would come from a series of alternatives for landscaping the sidewalks in the downtown co~e. Another element is public/private joint venture pro- gram. Vail does this by appropriating money each year for improvements that have benefit for the general public, and matches the expenditure from the private owners, and the town maintains the improvements. Vail does this in a competitive program with applications from private landowners; these are reviewed by a commission. Another element that Could be explored is the appointment of a downtown improvement comm- ission to review proposed improvements and to promote the implementation of the downtown program through the private landowners. A fourth element would be to identify the sidewalks that are deficient and in need of improvement, and to develop a mechanism to implement these improvements. Hal Clark, director of Pitkin County Parks Association, told Council he has been working with Fritz Benedict on a downtown beautification for over one year, and it is their obser- vation that the downtown around the mall area is basically lacking in any improvements. The PCPA's particular interest is to improve the quality of landscaping in the downtown. Clark pointed out to Council, as a member of the ex-subcommittee on downtown beautification, he felt very little attention has been paid to downtown as a planning unit, and a great deal of time and attention should be paid to these areas. The PCPA feels the downtown is lacking in basic physical improvement, and that a committee should be appointed and some plans should be initiated. Clark recommended this program should be taken to the Chamber of Commerce for their comments and support. Andrew Dracopoli, representing Don Fleisher, submitted a memorandum outlining their position as private landowners in the commercial core; they have held back on doing any improvements because of possible mall expansion. Now that this is a dead issue, they are looking at improving the areas around their property. Dracopoli told Council he had approached the City on whether there would be any interest in helping to improve either by in-kind services or donations as they could make nicer improvements with the City's support. Dracopoli suggested using some of the stored mall bricks for improvements on sidewalks contiguous to the mall. Ms. Smith summarized there has been a lot of enthusiasm from people who partiCipate in and: own land in downtown, and this is an idea worth pursuing. Ms. Smith said it would most succeed if it comes from the people involved and secondarily supported by the City. Councilman Van Ness pointed out there was just an election and the voters said they did not want the City to pay for the sidewalks for downtown beautification. Councilwoman Michael said she felt the voters voted "no" on a tax increase to fund the beautification program. Councilwoman Michael pointed out if the public sector is not involved in this program, there will be a mishmash of design; the City can provide a certain expertise in this program. Also, if the City contributes financially the improvements would be of higher quality. Councilwoman Michael said she is very excited about this idea. Councilman Isaac said he would like to see a commission set up and advertised for; he, also, is excited about this program. City Attorney Stock had recommended that the mall commission be disbanded; the ordinance creating the commission stated when the Council determines that future mall expansion is not going to take place, they may disband the mall commission. The recommendation of a downtown improvement commission could be an advisory commission; it could be a substitute mall commission expanded some. ~egu~a~ ~ees~ng Aspen ~l~y ~ouncl± ~uiy Mayor Edel noted that the Mill street issue was passed despite added taxation, there is no clear indication that the downtown beautification was turned down because of monies. Mayor Edel said he felt the City interjected themselves in too many areas. Mayor Edel said he felt the planning aspect is good; the commission aspect~is good. Mayor Edel said any help as far as expertise is fine; as far as the City paying for the improvements, Mayor Edel concurred with Councilman Van Ness. Councilman Parry said the City needs a landscape guide for the downtown and to identify the sidewalks that need improvements. The downtown' commission could go over this guide with the planning office for recommendations. Councilman Isaac asked if this would require funding and how soon. Ms. Smith said it depends on whether Council wants this to be a necessity this summer or next summer, which might be more logical. Ms. Smith told Council there is a lot of excitement, the community is saying they would like to improve the downtown. Councilman Van Ness said he is very enthusiastic about downtown improvements as long as the city does not pay for them. Councilwoman Michael said she had envisioned this for public property that abuts private land. If this is on private property but enhances the public property, and the landowner pays for some, it will be a community benefit. Gouncilman Van Ness said he would dislike it if the town were landscaped by government. Councilwoman Michael said she had meant the landscaping to be complementary not uniform. Clark said the present plan is very unpro- . ductive for the space between the buildings and the street. There is confusion in the city as to who takes care of this space; there is confusion between property owner and the city. Councilman Isaac moved to direct staff to bring back a plan to Council for a landscape guide, set up a commission for downtown improvement district, and bring budgetting to Council; seconded by Councilwoman Michael. All in favor, with the exception o~ Council- members Collins and Van Ness. Motion carried. PLANNING DEPARTMENT REPORT Ms. Smith told Council the planning office was established in the early 1970's as a joint office through RSA. The RSA was a group formed in order to do something about the growth pressures from the late 1960's, and grew out of an understading of the need to establish planning function to advise both the city and county. When the RSA disbanded, the plan- ning office was created through a contract between the city and county. The present contract specifies the functions of the planning office, how they operate and what the budget is. There are three main themes of the planning office; (1) land use and socio-economic issues that transcend political boundaries, (2) there is a need for commun- ication link between two political jurisdictions, and (3) there are economies of scale in funding a research and planning organization making it economic to operate jointly. Ms. Smith outlined the responsibilities to advise and staff the Council and Commissioners and both P & ~Zs~ the HPC, the Boards of Adjustment, the Mall Commission, Open Space Advisory Board, the Housing Board. All these commissions have bi-weekly meetings, County Advisory and this is the backbone of the operation of the planning office. The planning office also develOps research on matters initiated by Council, Commissioners or P & Zs; to keep a data bank for use, and to monitor trends in population spheres or economic spheres. The planning office is responsible for code administration, for developing master plans, of which the GMP was most recent. The planning office is now working on specific plans, like the open space master plan and housing master plan. Ms. Smith told Council the budget is $214,000 split pretty evenly between city and county. There has been a 10 per cent increase over a four year pe~i0d in budgets. At one time they tried to operate with a tighter staff, but the case load was too heavy and this did not work out. The planning office applies for and receives grants from Federal and state agencies. There are five planners on the staff, one administrative assistant and one administrative secretary for a total of 7 people. Ms. Smith outlined the staff members backgrounds and what they did in the planning office. The major projects budgeted for this year are ski area reviews, Little Annie was forWarded to site specific and the planning office has entered into an agreement with the Forest Service to go through EIS; open space master plan, which is going before the advisory board; trails master plan is being amended; downtown plan was given a lot of effort this year; housing master plan, this involVes data that is being generated and will be imple- mented by P & Zs and Council and~!Commissioners; Aspen Institute may be wrapped up; the Smuggler Mountain master plan, which affects the City. In unbudgeted projects is the assistance of the water plant housing and implementation of the first employee housing project. Ms. Smith said at any one time there are 50 to 60 on-going case load items in the planning office. The planning office will be working heavily on state-funded 701 program for making improvements to the growth management plan, to facilitate housing and to shorten procedures. The planning office will be looking at the Rio Grande, to identify options in that particular area. Ms. Smith said she felt a goals task force was totally appropriate for Council to request, to look at where this community is and where it wants to head. This is an overview of the department's functioning. ORDINANCE #41, SERIES OF 1979 - Canyon Cable TV Theft Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the Ord. 41, 1979 public hearing. Cable TV theft Councilman Isaac moved to read Ordinance #41, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~41 (Series of 1979) AN ORDINANCE RELATING TO CABLE TELEVISION AND ESTABLISHING PENALTIES FOR THE UNAUTHORIZED CONNECTION THERETO was read by the city clerk. City Attorney Stock pointed out the enforcement of the previous ordinance was impossible. To protect the franchise, he redrafted this to be enforceable. Sandy Sommers, Canyon Cable, told Council the illegal connections in the city is cost 3 per cent of the franchise, which amounts to $1500 to $2500 per year. ' Councilman Parry moved to adopt Ordinance ~41, Series of 1979, on second reading; secondedii by Councilman Collins. Roll call vote; Councilmembers Isaac, aye; Parry, aye; Collins, aye; Michael, aye; Van Ness, aye; Mayor Edel, aye. Motion carried. ORDINANCE 942, SERIES OF 1979 - JINCO Lease Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the Ord. 42, 1979 public hearing. ~ LeaSe for Councilman Parry moved to read Ordinance 942, Series of 1979; seconded by Councilman Isaac frontend loader All in favor, motion carried, and dump tr~ck ORDINANCE 942 (Series of 1979) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF A VEHICLE LEASING AGREE- MENT BETWEEN THE CITY OF ASPEN AND JUNCO LEASING CORPORATION, WHICH LEASE IS FOR A TERM OF SIXTY MONTHS AND PROVIDES FOR A QUARTERLY PAYMENT OF $5,319.73 was read by the city clerk. Councilman Parry moved to adopt Ordinance #42, Series of 1979, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Michael, aye. Van Ness, aye; Isaac, aye; Collins, aye; Parry, aye; M~yor Edel, aye. Motion carried. CITY MANAGER 1. M.A.A. Use of the Ice Palace. H. J. Stalf told Council the M.A.A has asked for the use of the Ice Palace to rehearse the opera Houdini. There is no problem except for the beginning of the ice making, ~ Stalf said there are no scheduling problems up to that point. Stock noted the City does not close on the Ice Palace until next Friday. Stalf Ice Palace used said they had worked with the former owners, who had agreed to access. They paid $25 by M.A.A. per day rent last year. Councilman Van Ness moved to approve this request; seconded by Councilman Isaac. All in favor, motion carried. 2. Request to fix Staley Road. City Engineer Dave~Ellis noted one major consideration isil why this matter is before the Council since this road is private and in the county. Most of the people affected are residents of the City. Ellis said there have been attempts to have the Ardmore homeowners association pave the road; not all owners are in favor of this. Ellis said the Council must determine if there is any justification in creating Staley Road some relief for City residents that are suffering from a nuisance in the County and a request to fix private road. Ellis recommended the City provide some in-kind service in this program andli could reduce the cost to the homeowners by up to 50 per cent. Ellis said the City would not go out and do the work until it was determined someone had the money. Ellis said the actual unit price the City could get it done for with in-kind service is $1.25 per square yard. Gunther Moelling, resident of Aspenview, told Council they suffered from the dust very much; it is a great nuisance. Since they are citizens of. the City of Aspen, they came to the Council. MaYor Edel asked why no one went the to Commissioners, since this is in the County. Moelling said they were told it was a private road. Julie Hane said she under- stood there was a problem with drainage in the road, which is a City problem. Ellis said there is no way the City can address that this season; it is a $5,000 project. This drainage problem results from several things, one is the driveway construction. There should be gutters and ditches, but there is parking, and the City haS to put in 400 feet ~ of culvert and to pipe it somewhere. Councilman Van Ness said it seemed that the people who own this road are responsible, and secondly the road is in the County and it should be their responsibility. It would be a bad precedent to go into the County and take care of their problems. Bill Kane, repre- senting Midland Park homeowners, said this is not a problem of repairing the road, but a fugitive dust problem. These petitioners are encouraging the City to deal with an air quality problem. Councilman Collins moved, in view of the health and sanitation problems, to authorize the City Engineer to work with these people to provide in-kind services and road base up to $100. Motion dies for lack of a second. Councilman Van Ness moved to refer this to the County and put it on the joint meeting agenda for July 23; secOnded by Councilman Isaac. All in favor, with the exception of Councilman Collins. Motion carried. 3. Building Report. Stalf told Council the building department has a total of 49 building permits applied for; they expect them all to be done in July. It is taking about two weeks to process these; the delay was due to confusion with the FAR ordinance. 4. Housing Director. Stalf said he would like to employ a housing director immediately Housing to get on the water plant housing, the financing, and the development of a housing program~ Director Stalf said he would like Jim Reents to spearhead this, he will still be a member of the planning office but his main thrust will be housing and he will be located on the second floor. Stalf requested funding of this position; there are transportation funds in the planning office. Stalf cannot take seventh penny money for a housing director. The moneyI will be refunded. · ~=~u~ ~v~ng Aspen City Council July 9, 1979 Councilwoman Michael said she would like to see the City try to work out money to pay for housing director, to coordinate plans and look at this in a positive solution. Council~ woman Michael said she would like compiled a list of guidelines as to what it takes for a private developer to comply with the codes and to get a program through. Councilman Isaac said the City has needed a housing director for at least two years. Stalf said he is asking for funding for the remainder of the year, at budget time this position can be debated. The consensus of Council was to come back with an appropriation ordinance. ORDINANCE #43, SERIES OF 1979 - County Annexation Number 1 Stock told Council this is the Commissioners' original position. Stock recommended the C~d. 43, 1979 Council authorize the Mayor to sign the documents and start the process. waterplant annexation Councilman Parry moved to authorize the Mayor to sign the Petition for Annexation and the No. 1 Agreement to Divide the Land for Annexation; seconded by Councilman Collins. All in favor~ motion carried. Councilman Collins moved to read Ordinance ~43, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #43 (Series of 1979) AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF ASPEN, COLORADO, was read by the city clerk. Councilman Collins moved to adopt Ordinance #43, Series of 1979, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Michael, aye; Van Ness, aye; Isaac, aye; Collins, aye; Mayor Edel, aye. Motion Carried. HASTY LAND TRANSFER Gideon Kaufman took over as City Attorney for this item, which deals with the conveyance of property the City owns to Hasty; Kaufman showed Council a diagram. There is an easemen~ Hasty Land that the house sits on, and this easement goes to Mr. Kapelli.~ It is a water easement to Transfer a pump house. The second problem is that the house also sits on city property. Kaufman told Council the proposal is to sell 2,000 square feet, this will make one lot a conform- ing lot. The lot is 13,000 square feet and the zoning is R-15. There will be placed in the deed a density requirement so that the new land cannot be used for further density. Kaufman pointed out the sale of the land by the city will solve one problem, to make the lot conforming and to address the house being on the city property. This sale will not address itself to Kapelli's problem of impeding his easement and access to his water pump. Kaufman outlined the options of selling the land; selling the land and putting certain requirements on this; or require Mr. Hasty to move his house. Kaufman pointed out there are enforcement problems that exist with the other piece of property that Council might want to address. Councilman Collins asked if the solution suggested by Kaufman was acceptable to Mr. Kapelli. Kaufman said Kapelli's major concerns are access and hig legal rights. Kaufman told Council this property was in the County until the City annexed it in June. One of the items brought up previously was a trail easement, since this is one possible site connecting the Herron park trail. This is addressed in the documents prepared by City ? Attorney Stock. Mr. Kapelli said he was not against Hasty acquiring property from the !i city as long as his easement is taken care of. KaUfman said the city should find out if the eStimate of $8 a square foot is fair market value. Kapellis said that according to the building inspector, he might lose the easement is he lets a building sit over it. Hasty told Council that Kapelli had never been denied access to his pump house. Councilman Van Ness asked how a room could be built on someone else's property. Hasty told Council he did not know he ~ould not build on an easement, and did not know he was building on City property. Kapelli presented a letter from Hasty's attorneys threatening him with loss of access. Hasty said this letter was sent out from his attorney in Grand Junction and he had not seen it. Councilman Isaac said he thought this land was given to the City when they got Herron Park and it might be park land. Kaufman said this should be researched before it is considered to be sold. Councilman Collins agreed that if the land is saleable, he would like to make sure Mr. Kapelli's needs are met and clear up the question of the easement. Mayor Edel said he would rather table this until there is more definitive information. Frederick Butler, representing Mr. Hasty, told Council the strip of land in question does not affect the easement of Mr. Kapelli. The house that encroaches upon the easement is a private matter. Kapelli does have a water line down the easement, and as far as the house! is concerned, it is encroaching upon the easement. The house is built over the easement and probably offers more access to the line. In the northeasterly corner, Kapelli is trespassing on Hasty's property and his line goes off the easement. These two parties can~ work together on an agreement. Councilman Collins said that Council should not be resolv- ing these people's problems. Council is a third party to clearing up transfer of land. Councilman Collins moved to table this item for further information; if the land is sale- ~ able, this should not come back to Council unless the parties have worked out an agreement; seconded by Councilman Isaac. All in favor, motion carried. Councilman Van Ness moved to adjourn at 9:35 p.m.; seconded by Councilman Collins. All in favor, motion carried. Kathry~S. Koch, City Clerk Continued Meeting Aspen City Counc~± ouiy go, ~,~ LIQUOR LICENSE PROCEDURES Mayor Edel called the meeting to order at 4:05 p.m. With Councilmembers Isaac Parry, Behrendt, Michael, Collins, and Van Ness present. Also present were City Attorney Stock, City Manager Statf, and Liquor Inspector Chuck Dotson. Chuck Dotson addressed the policy of transferring licenses, renewals and creditors. Dotson told Council they might be in a better position on renewals to collect debts. Council Liquor License received a memorandum from the city attorney telling them they could not require payment to creditors on transfers of liquor license. Dotson Said he agreed with this as the only procedures items Council can consider are character and reputation of the new applicant; character RE: bad and reputation of the prior owners is not a consideration. Dotson pointed out that most debts of the transfer he sees have a stipulation about complying with the Uniform Cor~nercial Code. Stock said the UCC might be an alternative to Council, the bulk sales provision of the UCC require giving notice to creditors of the business telling them the business is being sold. If this occurs, it is in the bnyer's best interest to created an escrow account of sufficient size to pay those bills. If there is a dispute to the amount owed, it can be settled by legal action. If Council requires that an applicant comply with these provisions, the applicant would give the City an affidavit they had given notice to the creditors. The City would not be collecting the payment, nor requiring there be an escrow. This might be an alternative. This would only work in an actual sale, not a foreclosure or eviction. The City would only delay consideration or~'?approval while the notice is being provided. Nick McGrath said the bulk sales act has been changed to apply to the sale of any business, Any buyer will insist on compliance with the bulk Sales act. If the notice is given, and claim made by a creditor, then he has rights preserve against the transferee. That act provides sufficient protection for any creditor who cares to protect himself. McGrath said he is sympathetic to the protection of local creditors; however, the City should not be in the bill collection assistance business. McGrath said he realized the Council had strong political considerations ~n this area, and one of the considerations might be that notice has been given pursuant to the bulk sales act. This is some method to insure local people are protected without getting into being a bill collector. Dotson said he liked the recommendatiOn that the affidavit complying with the bulk sales act be supplied to the local licensing authority. Dotson told Council with renewals the Council has more leverage to deny for someone with outstanding debts. The regulations state the local licensing authority may refuse to renew for good cause subject to judicial review; this cause could be character and reputation of the licensee. Dotson outlined the procedure for new licenses; complete file, posting and publication, and a public hear- ing at which the applicant needs to prove the reasonable requirements of the neighborhood have not been met. If Council makes the determination that the reasonable requirements have not been met, then the state licensing authority makes an independent investigation to make sure this meets the state's requirements. Dotson told Council that a licensee is responsible for the operation of his business, and if it is not being conducted in an orderly 'mann,er and in compliance with rules and regu- lations, the Council can suspend or revoke the license. Generally, if Council makes the decision based on fact, the Courts will uphold this decision. Dotson said the Council has a responsibility to the community to see that licensees conduct their establishment ''properly. Dotson told Council there is a regulation before the Legislature that will strictly prohibit any type of nudity Within any liquor licensed establishment. Councilman Behrendt asked Why the conduct of establishment regulation could not be used to cover failure to pay bills. Dotson said it could at renewal time, Council could refuse to renew a license for this. City Attorney Stock said failure to pay bills is not a violation of law. Councilman Collins asked if any local licensing authorities required money in escrow. Stock told Council they cannot require bonding; this was taken out of the laws in 1975 as the local licensing authority cannot require something in addition to state statutes. Stock reminded Council they had an escrow once for a liquor license transfer, were almost nearly sued, and found out the City did not Want to be in the bill collecting business. Dotson said he would like Council to adopt a policy not to consider an application for liquor license until there is a complete file. Councilman Isaac asked for some insight on determining that the needs of the community have been met. Dotson said one of the criteria is the economy of the industry. Councilwoman Michael said the CounCil makes this determination as politicians and representing the community. Tom Dunlop noted Council had not addressed the attitude of the food service operators in town. Dunlop said this varies from establishment to establishment. Dunlop said he expressed concern of the deterioation of the quality of the establishments since 1976~ at a sanitation level, due to the economic conditions. There is a lack of training in management and an absentee ownership. Dunlop had offered food service training courses and got no response. The compliance level has dropped, there is lack of interest in compliance. Dunlop told Council the establishments have to comply with the food service regulations in order to maintain a liquor license. Dunlop said the attitude of some of the operators is not to pay bills or to wait until the third or fourth notice; this affects the economy and credibility of the food industry in the City. It is possible that the purveyors are allowing too muCh credit. Perhaps it is the case that there are too many restaurants and bars; it is highly competitive. Dunlop told Council for the first six months ~f this year there have been four new establishments; 12 closed by the owner, Dunlop has closed 4, embargoed food in 2. Dunlop recommended Council set up a committee to assign point values for new or transfer of liquor licenses 'to cover all the parameters that are looked at. Councilman Van Ness agreed, pointing out that employees have to live down valley, too muchi!I credit has been extended, there are too many in terms of competitions, owners are not interested in properly managing the business. Councilman Van Ness said this is all the businesses in town, and is the Council morally responsible for everyone that has not been license paid. Dunlop said his problems are related directly to the health, safety and welfare of people visiting and eating in restaurants here. Dotson pointed out there is a regulation proced%Lre$ in the liquor code speaking directly to restaurant stating they must comply with the health department regulations. Marvin JOrdan pointed out to Council their actions on transfers could have an effect on innocent bystanders. Some stores are affected by liquor license establishments being closed, it reduces traffic by these stores. Terry Murray pointed out everyone would like the terms to be cash and carry. Also, Ms. Murray said she did not think a committee could adequately predict whether or not a business would be a success. Stormy Mohn said in the context of a free market economy, over competition is not a valid term. Rick Knezevich told Council the City cannot protect a creditor by having a bulk sales act compliance notice; they will protect the creditors to the best of their ability. To impose these liabilities on the transferor or transferee is impractical for both. Most of the license transfers are a sale of assets, not stock purchase. No one will pay more than fair market value for the inventory or assets. Dave Danforth noted that the employees always get paid on credit, never get paid in advance. Danforth said he was not sure there was anything wrong with Council trying to do somethingll to enforce ethical business. Bil Dunaway told Council if the City judges a persons charac- ter and issue that person a license, people in town are relying on Council's judgement. Councilman Van Ness said he felt that the City is no more responsible for guaranteeing or collecting bills on places that hold liquor licenses than they are for enforcing anyone else's debts. Councilman Van Ness said part of the problem has been created by people extending too much credit. Councilman ~saac said the City has a real obligation to look at the people taking over the licenses, make sure they have a reasonable credit rating, make sure they have a history of paying bills. Councilman Isaac said the Council has an obligation to uphold the health and safety of the community. Councilman Behrendt noted these licenses have a certain economic value and the Council is absolutely obligated to see to it these people have conducted themselves in a manner to have a license. Councilman Behrendt said if the bills are not paid, he will not transfer a license. Councilwoman Michael asked that if it was inappropriate to require payment of outstanding bills, then does the Council have the option to turn down the transfer. Stock said if Council turns the transfer down for non-payment of bills, the Council is considering that. The law states that Council cannot consider that. Councilman Parry said the Council could not deny a person a license because the previous tenant had left a lot of bills. There will be a lot of empty buildings in this town. Councilman Collins said he did not think Council could compromise the position of the transferee by asking him to assume what the transferor has messed up. Councilman Collins said he did not feel it was right to have the new party requesting a license to make them liable for the debts of the previous party. Council can only consider the character and reputation of the party of whom the license will go to; the financial record of the previous party is not appropriate consideration. Dotson suggested that Council could, instead of considering the application for a transfer of license, conduct a suspension hearing on the existing licensee, on his character and reputation prior to sale. Stock ~ said the Council cannot do this; it has been stated that failure to pay your bills is not a violation of law. In order to have a suspension and revocation hearing, there must be a violation of law. Dotson said this would be a violation of Section 12-47-111, which is character and reputation, and whether it is satisfactory with respect to the licensing authority. Councilwoman Michael suggested coming up with a written policy statement agreed on by Council, done in time before the winter season and to be given out to the public. Council, woman Michael asked if the revocation hearing is tied, not to the debts being paid, but that that is indicative of the character and reputation, is that a route Council can go. Stock said he would look into this, but is the failure to pay one bill sufficient for one creditor to come in and ask for a revocation hearing. The administration cannot make the decision for Council. Stock told Council on renewal it is very easy to consider that fact~ Mayor Edel said Council has to form a policy on renewals and transfers, and to consider the two transfers held over from the last Council meeting. Councilman Van Ness moved that Council adopt a policy of not requiring that the debts of the transferor be paid before a transfer will be approved; seconded by Councilman Parry. Stock said if Council held up transfers for payment of debt, they would be basing their decision on that. Anytime Council bases their decision on that and state law says that Council is not supposed to consider it, they are violating state law. Stock stated on transfers, he is clear Council cannot consider non-payment of debts. On renewals, Council may be able to consider this. Mayor Edel said he wanted to hear Stock's legal opinion on suspension hearings for non-payment before he would vote. Stock said this may create two separate classes of individuals and not applying the law equally to both of them; as in the person who is not paying his bills but is a continuing business, and someone who wants a transfer. Councilmembers Parry, Van Ness, Collins, Isaac, and Michael in favor; Councilman Behrendt, Mayor Edel opposed. Motion carried. Councilwoman Michael moved Council direct Ron Stock to research the procedure, changes in renewal procedure the Council could take, and come up with a legal opinion and the city clerk's and city manager's suggestions on administrative procedures; seconded by Council- man Parry. All in favor, motion carried. Continued Meeting Aspen City Council July 16, £9/9 STONEHENGE - Liquor License Transfer (hotel and restaurant three-way) Barry Edwards told Council that Aspen Cattle Company owns the license presently and that Liquor License Stonehenge is taking back their collateral, which is the lease and assets. Councilman Isaac said Council has no idea what they are going to do with the premise. Edwards told transfer Council they had a right to review the plans. Edwards noted that when his clients, Stone- Stonehenge henge, transferred to Aspen Cattle Company, all debts were paid, which was a requirement of Council at that time. Councilman Van Ness moved to approve the transfer; seconded by Councilman Parry. Councilman Isaac asked what Stonehenge was intending to do with the business. Edwards said he was not sure; the principle stockholder may fix the business up and sell it. Councilma~ Behrendt said the Council used to have a policy where people would make representations on how their business would be run, and substantial changes would be brought to Council. Stock said the argument was that Council could put a condition on the license and require the license be operated in conformance to that condition. Stock recommended an approval of a license be in writing, Stock could put down the facts and identify what Council expects out of the licensee in the performance of their operating the business. Councilman Behrendt said he did not know what he is licensing, it is free with no particular obliga- tion to the community. Edwards said they are taking this business back as a creditor and will do the best to salvage the business. All in favor, motion carried. PRIMAVERA RISTORANTE ' Liquor License Transfer (Beer & Wine license) Chief of Police McClung told Council there was a gun incident in this location that might Liquor License have involved the applicant, Harley Baldwin. Ashley Anderson, representing Baldwin told transfer Council the case was totally dismissed. Baldwin explained the incident, and that the criminal charges had been completed dismissed. Councilman Collins asked for history of this Primavera liquor license, how many times it had changed hands. Baldwin told Council it had not been a successful operation, and that is why he has decided to take it over himself. This place has been licensed since 1971 and has been various different operations. Baldwin said he and Carl Jerome would be managing the business. Councilman Behrendt moved to approve the transfer; seconded by Councilman Parry. All in favor, motion carried. ASPEN INSTITUTE - SPA Approval Mayor Edel reminded Council the points that need to be resolved are a definition of the uses, the employee housing problem; the other pertinent items were put to another part of the review. The Council has looked at specific items as they go along, and the Council Aspen will look at the total' proposal when it is put before them for a vote. Councilwoman MichaelInstitute SPA asked for a review of the points that have been reviewed or resolved. Mayor Edel said that transportation was put off until the next phase; open space restrictions were put off also; the City could not cap development; the deed restriction can be written for 20 years with 10 year increments; however, none of these are definitive until review of the entire proposal. The Council had endorsed the P & Z's recommendation of 60 per cent of the employees being housed there. City Attorney Stock t'~ld Council that he and Andy Hecht had the responsibility to go back to see if they could draft language which would be acceptable both to the City and the applicant for the appropriate definition of uses. What Stock presented was a definition of accessory uses, which is subsection (h) of the ordinance. Stock presented one sentence' definition with two additional sentences Ithat could be included; the first being a restric~ tion specifically relating to tourist accommodations, at the facility, restricting them to minimal and nominal use and restricting that the premise could not be advertised. The third sentence presented would restrict the Institute to tourist use only for those who came early or left late from a conference. Stock told Council he and Hecht have not been able to write a definition. The first recommendation from Stock would be to say nothing about tourists or that they should not be allowed. Another recommendation would be to allow tourists but with a fall back.position so that if Council wished to change this, there would be a mandatory abatement process for non-conforming uses. Stock told Council the applicant could not accept these. Hecht recommended adoption of subsection (h) without the third sentence and modify the second sentence to say tourist accommodation was an accessory use, and that they could advertise the facility as a conference center but not generally available for tourist accommodation, not to list the Institute in any central reservation computer. Stock told Council he would not recommend this to Council. Stock told Council there is another issue that has arisen. The applicant is under the impression that he has some form of non-conforming use status to the current 92 units. Stock argued against that, stating to have a legal non-conforming use, it must have been legal at the time it began. Stock said when the Institute started using the units for tourist accommodation, it was not a legal use. Stock argued whatever zoning is appropriate for the area, it has .to apply to the entire structure. Stock told Council if they adopt the applicant's recommended language for (h), the applicant will be willing to waive any non-conforming use status. Andy Hecht stated the Institute's position is that there are~92 tourist units, and if and when the Council zones the property, those will be non-conforming units as they are exist- ing. The Institute feels an appropriate zone for that property would be to run a conference center, and it must have adequate facilities. The applicant is willing to render the transient use an accessory use on the whole property, even the 92 existing units. Hecht said he did not feel the growth management plan would be comPromised with this plan. Councilwoman Michael asked if the applicant had come up with some language for the definition of accessory uses. Hecht read, "for the purpose of this ordinance, accessory uses include accommodation of transients provided that the facilities are advertised only as a commercial conference center and not publicly advertised as an accommodation for transients". Aspen Institute Councilwoman Michael said she felt "publicly advertised" was redunant. Councilman Van Ness pointed out the real question is does the Council want to allow tourists at this conference center or not. Councilman Behrendt said there was some ancilliary tourist uses that the applicant wanted to put the building to, such as holdovers from conferences, and that they ought to be able to do that; they should not be able to solicit business. Councilwoman Michael moved the Council have the City Attorney draft language in keeping with subsection (h) in the memo of July 3rd,'~or the purpose of this ordinance accessory uses include accommodation of transients provided the facilities are advertised only as a commerCial conference center and not publicly advertised or held out to be available for the accommodation of transients"; seconded by Councilman Parry. Council asked if this was enforceable. Stock answered if the Institute violates the zoning laws, there are forms of enforcement. Stock said this particular language is loose. Stock pointed out it will be difficult for the City to say at a certain level they have reached tourist accommodation greater than an accessory use. Stock recommended three options to Council; (1) say no tourists, (2) say nothing about tourists, or (3) if the Council says something about tourists, say something about non-conforming uses. Councilman Parry pOinted out the Institute has been cut back drastically and is only about 100 units. Hecht said they are talking about 135 units; the Institute will give away the primary use on the 92 existing units. They need the accessory use on the 135 to make an endowment for the Institute. At the level they are talking about, 227 rooms, they must fill it 70 per cent of the time. Councilman Van Ness said the point is not what the words mean,~but what the Council wants to do out there. Councilman Van Ness commented the Council has a responsibility, and that is not to do the best negotiating!but to do what is right for the community. The Council has to keep in mind they have a growth management plan, which severely limits tourist accommodations. Also, the Institute told Council they needed new construction for faculty! housing; it then turned into a conference center. Now they are talking about tourists out there. The Council must look at the whole situation; tourists uses were never considered i until recently. Councilman Van Ness stated he wants no tourist uses. COuncilwoman Michael agreed she did not like the negotiating process and feels Council has become victims of ~ the process. Councilman Behrendt said the motion gives the Institute the flexibility to operate on that quasi-level. Councilman Van Ness reiterated the Council's responsibility is to determine what the appropriate zoning is in that area. Councilman Behrendt said under the wording of the motion, this facility cannot operate as a tourist facility. It may need more restriction. Councilman Van Ness said there will be tourists in there, and the Council has been told by the Institute that tourist impacts are different from conferees. Stock said this language is legally enforceable, and will put a restriction on the facility. The language is not so open-ended to put the City's growth management plan in jeopardy provided other things are done. Councilman Behrendt said the language is acceptable as it is restrictive; however, he does not have enough assurance from the city attorney that it is enforceable enough. Roll call vote as to whether Council would vote on this motion; Councilmembers Collins, nay; Van Ness, nay; Michael, unknown; Isaac, nay; Behrendt, yes with definition; Parry, aye; Mayor Edel, nay. Councilman Van Ness stated he was opposed to tourist or transient use other than conference iguests arriving early or staying late. Councilwoman Michael said she did not want to see tourist/transient use at the Institute's conference center. However, the Council has received some message from the Institute that they want some flexibility to have transient uses. Councilman Isaac stated he would like to see transient use at a bare minimum, maybe just a little further than conferees early and late. Councilm~q Isaac's main problem is having tourists at Christmas time when they can't get confere~ to come. Councilman Behrendt said he could agreed on anything based on the idea this is not to be primarily a tourist facility, but primarily a conference facility. Councilman Collins questioned the tourist activity, whether they could be excluded, and whether this is enforceable. The City has many regulations that are not enforceabl$. Councilman Collins said his hesitation is that he does not know whether a commercial center will not spill over to tourists, and whether that can be enforced. Councilman Collins said he would prefer not to mention tourists. Councilman Parry agreed to either leave the tourists mention out or to go back to no advertising. Mayor Edel said the City cannot enforce this, there will be tourists out there. Mayor Edel agreed with leaving out the word transient or tourists. Franz Berko asked Council if they have ever considered the importance of the Institute, the question seems to be does the Council want the Institute. Councilman Van Ness stated thisi Institute is the most important institute in town, and it does set the town apart. Ms. Smith noted in 1966 the Institute had a master plan approved for an educational facility ~ on that site. In 1973 a master plan was adopted outlining areas for institutional uses. There has never been mention of tourists. Tourists facilities should be at the base of the mountain. Hecht told Council he felt the proposal is an ideal use for the land. There are 92 tourist units there now, and the impact will not be any greater. The SPA process is a negotiated process; the information the Institute has is that they cannot make it unless they are 70 per cent full for the entire year. Hecht pointed out the land is appropriate for single family development. Councilman Behrendt said he would like not to confuse an academic center with. a conference center; in order for the Institute to come close to the 70 per cent occupancy figure, they will have to market. Councilman Behrendt said he knew of no unit in the City of Aspen operating at 50 per cent capacity now. Councilman Behrendt said he felt this proposal is about as strong as the City could imposel on the Institute. Don Ensign told Council the Institute is costing $500,000 a year out of someone's pocket. The 70 per cent occupancy will generate $550,000 per year and at 60 per cent it will generate $173,000 per year. Ensign said by limiting tourists, it may preclude the Institute from generating the income it needs; it will be run primarily as a conference center, i Aspen Mary Martin said she had never heard of controls in the summer and what happens at the ! Institute Institute. If the City sees a lack of tourism in the next 2 of 3 years, they will be gladi for any tourism the Institute will bring. Ms. Martin pointed out if the Institute is filled 100 per cent in the summer, they are filling some of the city rooms. Bob Klineman told Council the community needs the educational level the Institute can give them. Susan MacMichael told Council their figures assume about 10 per cent tourist use. Mayor Edel said the Council needs to vote either no tourists or on some language allowing tourist use. Hecht told Council the Institute needs the same latitude other conference centers have. Bill Martin, representing the Rotary Club, told Council he is concerned they are seeking so much counsel; they have to decide whether they want a facility at the level that the Institute can survive with. Councilman Van Ness said the planning office would be willing to permit more rooms in exchange for no tourists, and his concern is that the facility will turn into a tourists hotel, which is more profitable to run. Councilman Isaac said in place of the words nominal and minimal, he would like to see percentages. Councilman Behrendt moved that for the purpose of this ordinance, accessory uses include the accommodation of transients provided the facilities are publicly advertised only as a commercial conference center and not advertised or held out to be available~for the accommodation of transients; seconded by Councilman Parry. Ashley Anderson noted there are two limitations in that language. Ms. Smith told Council that language allows the Institute to fill the place at Christmas time with tourists. Councilman Behrendt amended his motion that at no time may this number exceed 40 rooms used by tourists; seconded by Councilwoman Michael. Councilman Van Ness said he would rather vote for 300 rooms and no tourists than 227 with tourists. Stock asked if the applicant were prepared to waive any argument for non-conform- ing uses with the language presented and will this apply to 218 bedrooms. Hecht said the intention is that they will throw in the 92 existing units, Which they believe are non- conforming, if they have accessory uses. Roll call vote; Councilmembers Collins, nay; Van Ness, nay; Michael, nay; Isaac, nay; Behrendt, aye; Parry, aye; Mayor Edel, nay. Motion NOT carried. Mayor Edel said this puts the item back in the corner of the Institute. Mayor Edel said he did not understand the Institute's demand to get the word transient in the ordinance. Councilman Behrendt said the present facility can be used as it is being used. Stock said their argument is that they need tourists in the beginning years as it takes years to get a conference center started. Hecht said there are 92 non-conforming hotel rooms out there now; they are there and they are being used for that purpose. Councilman Van Ness asked, assuming no tourist use, what number of rooms would be required in order to keep the Institute in Aspen. Mayor Edel said the Institute is not going to leave; they will cut down the number of programs. Mayor Edel told Council that not one trustee said they were going to leave Aspen. Councilman Van Ness said he would like to know how bad the tourist impact really is. If there were 227 rooms with tourists, how many rooms without tourists would give the same impact. Councilman Van Ness said he would vote to approve 250 rooms and no tourists other than stayover conferees. Mayor Edel pointed out they have asked for 200 rooms and they do not want to have no tourists. Mayor Edel moved to approve the level of rooms at 200 rooms and go with verbiage as pro- vided by Andy Hecht; seconded by Councilwoman Michael. Councilmembers Van Ness, nay; Collins, go back to the original plan of 1966; Michael, aye; Isaac, dont see it any diff- erent from first motion, nay; Behrendt, aye; Parry, nay; Mayor Edel, aye. Councilman Van Ness stated everyone agrees the tourist use has to be kept to a minimum; his solution is zero. Councilman Collins moved to close the public hearing; seconded by Councilwoman Michael. All in favor, motion carried. Councilman Parry said the Council is dealing with the death of the Institute and he does not know why Council wants to kill it. Councilman Collins pointed out there will be another public hearing with the second reading of the ordinance. Mayor Edel said the applicant came forth with an application; the Council now has to say yes or no. Councilman Behrendt asked, if Council said no, are they in a position of being sued. Stock said in zoning matters, if an action is brought, the only thing the Court can do is put on the current zoning. The Court will not put itself in a position of being the City Council. Hecht told Council the Institute application is for 227 rooms with his language. This will be considered in Ordinance ~40, Series of 1979, at the Council meeting on July 23. Councilwoman Michael moved to adjourn at 8:35 p.m.; seconded by Councilman Parry. All in favor, motion carried. Kathryn S.~/~och, City Clerk Regular Meeting Aspen City Council July 23, 1979 Mayor Edel called the joint meeting to order at 4:05 p.m. with Commissioners Edwards, Kinsley, Child, Councilmembers Behrendt, Collins, Parry, Van Ness, Michael, and Isaac present. Also present were County Manager Ochs, County Attorney Stuller, City Manager Stalf, City Attorney Stock.