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HomeMy WebLinkAboutminutes.council.19801110~.~ ...... ==~l~ Aspen City Council November 10, 1980 Mayor Edel called the meeting to order at 5:10 with members Collins, Isaac and Behrendt present. Also present were City Manager Chapman and Acting City Attorney Bob Grueter. MINUTES There were none. ACCOUNTS PAYABLE There were none. CITIZEN PARTICIPATION 1. Ed Weiss told Council he had a confusing situation; he had applied for a business license and had talked to the health department and police department about having a push cart business. Weiss said he wanted to operate the cart on private property somewhere in the city limits. Weiss said the building department has no problem with the structure. Mayor Edel said there is a problem as one has to have a specific spot to do business. Weiss said he wanted to be able to do this business on 3 or 4 different properties. Bob Grueter told Council this was referred to him by the building department and also the planning department feels this will have to go through growth management plans because it is a new use adding to the density of the property. Grueter told Council the applica- tion has to be either granted or denied by the building department, which it has not done yet. There has to be a complete package given to the building department and the appli= cant has to show the ability to have and area on which to locate the cart. This has not been done. COUNCILMEMBER COMMENTS 1. Councilman Isaac said at the last meeting the Council talked about including other commercial zones in the growth management plan process. The Council asked the staff to have included C-l, O-office, S/C/I, N/C and to get this moving. P~anner Karen Smith said the planning office is going to bring this back to Council. Mayor Edel pointed out it was also discussed carrying over the quota from years before. Mayor Edel would like this addressed as two separate issues. 2. Councilman Isaac brought up a letter from Jon Seigle about his involvement on the HPC and representation in a suit against the city. Grueter told Council he will look into this and take care of it. 3. Councilman Behrendt moved that the request for contribution for the Fireman's dinner be put on the agenda; seconded by Councilman Isaac. All in favor, motion carried. 4. Councilman Behrendt said it seem to him this valley receives inferior service from the airlines; one is night flights, another is the cut down on the number of flights. Councilman Behrendt said for the high season the airlines are already booked up. The bus service is not any better. Councilman Isaac told Council COG is dealing with this at the regional level, looking at increasing inter-city bus service as well as air flights. Mayor Edel said COG and CAST are forming a transportation committee to look at the overall problem. Mayor Edel said they will request that the airlines are aware of the problem. Jim Reents said a third airline was granted permission to fly into town but there was not enough landing time. 5. Mayor Edel brought up the bus route change in the Mountain Valley/Highlands bus routes and asked for Council's feelings. Councilman Isaac said he had no problem. Assistant City Manager Butterbaugh explained the change in routes and told Council the bus would not be going to Mountain Valley three times an hour. City Manager Chapman told Council one reason for doing this is the increased traffic with the Castleridge project and with the Council. Council said they had no problems. Councilman Behrendt asked if the city had re-approached Highlands to see if they would join the city for the last leg. Duane Fengel told Council that based on the ridership numbers, it was not justified. Highlands does not want the city. RESOLUTION #19, SERIES OF 1980 - Waiver of Park Dedication Fees City Manager Chapman reminded Council at the last meeting there were Councilmembers who expressed favorable comment on waiving or deferring park dedication fees for employee housing. There was some disagreement on whether this should be for permanently deed restricted units; how and when the fees should be paid back. Councilman Isaac moved to read Resolution #19-b. Motion DIES for lack of a second. Councilman Behrendt moved to read Resolution #19, Series of 1980, with a 50 year provisiol Motion DIES for lack of a second. Councilman Isaac moved to table the issue until more Council are present; seconded by Councilman Behrendt. All in favor, motion carried. CONTRIBUTION TO FIREMEN'S DINNER Councilman Behrendt said traditionally the Council gave $500 and last year it was raised to $800. There is a request for $1,000 for this year. Chief Clapper said because the cost of living has gone up as well as the cost of dinners, they are requesting $1,000. Councilman ~Isaac said he would like to see the Council give the whole $1,000. Councilman Behrendt moved to contribute $800 towards the annual firemen's dinner; secondec by'Councilman Collins. All in favor, motion carried. FIRE MARSHAL POSITION City Manager Chapman reminded Council when the building department was reorganized, the department attempted to get by wihtout having any specific fire marshal position. Fred Crowtey reports he is having some difficulty providing full attention to fire inspections. Chapman said he felt this summer has proven a fire marshal is needed. Mayor Edel asked the costs. Chapman said the fire marshal position is still in the never; it was never taken out. However, for 1981 he will have to check with the county because they prepared the budget. Fire Chief Clapper said he was quite unhappy about this when it happened and it has proven to be more than anyone can take care of. The county and city should strongly look at this as a full time position. Councilman Isaac said he felt someone should be hired before the winter season. Councilman Collins moved to adopt the recommendations of the building department; seconded by Councilman Isaac. All in favor, motion carried. CONDOMINIUMIZATION REGULATIONS Council will have a study session on this. SUBDIVISION - 925 E. Durant Jolene Vrchota, planning office, told Council final plat approvel is requsted tonight. The application is fOr 12 studio units at 925 East Durant, this application received an allocation for growth management plan in 1978. The Council has seen this project when the units were changed on the site. P & Z has seen this and has had a public hearing. There was concern about access being only from Durant, about noise generation, and about too many people living in the units. P & Z did not feel these were overwhelming concerns and most of them are addressed. P & Z gave conceptual and preliminary plat approval to the application. Councilman Isaac said this is for 12 units; he thought there were going to be 24 units at the project. Ms. Vrchota told Council these are two separate things. The applicant plans to come in and request rezoning to RBO for the other 12 units. Councilman Isaac asked how long the deed restriction was. Ms. Vrchota said on these 12 units it is 5 years; all growth management allocations in 1978 were deed restricted for 5 years. Counci man Behrendt said he had no interest; this is a short term buy out that doesn't get the city anything buy density. Mayor Edel agreed all units should be deed restriced for 50 years but asked how Council can totally reverse itself because the approval was given in 1978. Mayor Edel said if the next 12 units are going to be restricted for 50 years, is there a major problem with restricting the whole project to 50 years Councilman Behrendt said this is not the original proposal anyway; it has been delayed and delayed. Vann said the original submission was a two-site solution, with a different angle. In anticipation of a residential bonus overlay, they submitted for building permit in order not to loose the allotment, a plan with a simpler building pushed over to one side of the site. Because this was a change and brought back to Council. On the understanding they would proceed to process an application for the extra 12 units, Council approved the change. Councilman Behrendt suggested Council table this for staff to look at requesting 50 year deed restrictions on all the units, including the original 12. Councilman Behrendt said the 5 year restrictions were imposed to get employee units in a hurry. This was approved in 1978 and will not be built Until 1981, which is a three-year delay and is not achievin¢ the purpose of the community. Mayor Edel said this project came to Council six months ago, and Council deferred the park dedication fee. Councilman Isaac said the Council approved this two years ago, and he feels they have to approve it again. Mark Danielsen outlined the history of the project; the GMP process with residential allocation being given to the project in 1978. In December 1979 and January 1980, this came to Council for the granting of an extension for building purpose. In March 10th Council gave approval for changes in the construction drawings, and in July 1980 Council approved a park dedication fee deferral. Two weeks ago this was presented to P & Z and they gave conceptual and preliminary approval. This is the final step of the entire application process. Andy Hecht Said he would not like to see Council unilaterally impose 50 year requirements on the part that has already been approved. Hecht said it would be bad precedent to rescind approval on the park dedication fee deferral. Councilman Behrendt moved to table for two weeks in order to get comments from planning and the attorney; seconded by Councilman Isaac. All in favor, motion carried. DISCUSSION OF RAISING OCCUPATION TAX FEES FOR LIQUOR LICENSES Mayor Edel said he brought this concept up because these taxes have not been raised in a long time, and he would suggest doubling them. Councilman Behrendt said he would not like to raise the beer & wine fees any further. Mayor Edel said the Council could change the three-way license fees and look at the rest during next year. Councilman Isaac said he would rather see these raised when all other licenses and taxes are looked at. Council asked staff to prepares some figures and perhaps an ordinance to change the occupation tax. CONSENT AGENDA Mayor Edel requested #11, liquor license transfer - Godfather's Pizza, be deleted. Councilman Isaac requested #9, IRB's for Kovall project; Councilman Collins requested thai items L, Resolution ~20, Growth Management alloications, Commercial 1981, be deleted and Item #2, Ordinance #54, Nicholson Rezoning to Residential Bonus be deledted. Councilman Behrendt requested #t0, Little Annie's encroachment be deleted. Mayor Edel opened the public hearing on Ordinance #53, Series of 1980, Commercial Photo- graphy Studio in S/C/I ; Ordinance #55, Series of 1980, Lease with Jinco, and Ordinance ~57, Ser Ordinance #57, Series of 1980, Appropriation for Wheeler Opera House architect. There were no comments. Mayor Edel closed the public hearing Councilman Behrendt moved to adopt Ordinances 53, 55, 57, Series of 1980; Request to expai premises, Aspen Mine Company; Liquor License Renewals for Guido's, Pablo's, Fireside Restaurant, Chart House, Cooper Street Pier, Carl's Pharmacy, Crossroads Drug, Of Grape and Grain, Grog Shop, Tom's Market, Eagle's Club, and the special event permit for Aspen Leaves be approved; seconded by Councilman Isaac. Tom Dunlop asked for a conditional hold on the Aspen Club until they comply with the Colorado food service rules. Council accepted. All in favor, motion carried. RESOLUTION #20, SERIES OF 1980 - GMP Commercial Allocations for 1981 Sunny Vann, planning office, told Council this resolution incorporate~the approval from the last Council meeting at which time Council approved all three project. This would allow construction on all three project and last year's 1980 bonus would be subtracted from prior year's allocations. Councilman Isaac moved to read Resolution ~20, Series of 1980; seconded by Councilman Collins. All in ~favor, motion carried. The resolution was read by title. Councilman Isaac moved to adopt Resolution #20, Series of 1980. Motion DIES for lack of a second. Councilman Behrendt moved to table Resolution ~20, Series of 1980; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #54, SERIES OF 1980 - Nicholson Rezoning to Residential Bonus Sunny Vann told Council this is a request from Nicholson to rezone a parcel of property at 117-119 West Hyman to R/MF-RB (residential bonus) for an additional one-bedroom employee housing unit in the basement of the duplex. The requirements of the zone dis- trict for the lot size are a duplex with one employee bedroom unit in the basement of one unit. The residential bonus reduces the minimum lot area requirement, and a second employee unit can be construction. This Will be a 50 year deed restriction in the modera~ category. There is no increase in density. Councilman Behrendt said he had asked for a report from staff regarding the low and moderate income categories. Jim Reents, housing director, told Council he had been recommending moderate because the then approved guidelines, the low category was lower than construction costs. There is no incentive for anyone to build when they cannot get a return on their investment. The guidelines for this year have been raised sufficiently that the low income category might be reasonable for a recommendation, depending upon construction costs. The city's low income guidelines have not kept up with costs of construction, which they were originally intended to do. Originally, the low income was set at the cost of construction without land costs; over the next two years, these have not kept up with the costs of constructior Councilman Isaac asked if this would not be approved under the new price guidelines. Reents said this started under the old guidelines. Reents said that oldmo~rate compares very closely to new low, Changing the deed restriction to low under the new price guide- lines would be approximately the same dollars. Mayor Edel opened the public hearing. Vann introduced for the record the planning office memorandum of September 9, 1980; the applicant's request of August 11, 1980, as well as the planning office recommendation of September 4, 1980. Mayor Edel closed the public hearing. Councilman Behrendt moved to adopt on second reading Ordinance #54, Series of 1980, Nicholson rezoning to residential bonus with the amendment that the low rental guidelines are to be used for this project; seconded by Councilman Isaac. All in favor, with the exception of Councilman Collins. Motion NOT carried. (Not a majority of the entire Council). Councilman Behrendt withdrew his motion. Councilman Isaac moved to table Ordinance #54, Series of 1980; seconded by Councilman Isaac. All in favor, motion carried. RESOLUTION - IRB'S Kovall Project Karen Smith, planning director, told Council this applicant cannot move ahead without some indication from Council of their willinging to participate. This is a very good project; it is 11 Units under residential bonus on 9,000 square feet with a 70/30 project There will be eight units, one-bedroom, deed restricted at low income for 50 years. The resolution was not included in the packet. Chapman told Council an inducement resolution just says the city of Aspen Will sponsore the issue of IRB's for X amount of dollars. Council decided to wait until they could see the resolution. Councilman Isaac moved to table this item; seconded by Councilman Behrendt. All in favor, motion carried, LITTLE ANNIE'S ENCROACHMENT John Hamwi, manager of Little Annie's, told Council they would like to enclose their porch and in going through the process discovered they encroached in the city right-of way. They will not change the building at all except to enclose it and add windows that can be opened in the summer. This has always been requested by the liquor enforcement officer. Councilman Isaac moved to approve the encroachment request for Little Annie's; seconded by Councilman Collins. All in favor, motion carried.