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HomeMy WebLinkAboutminutes.council.19810209 ~e~ular Meeting Aspen City Council February 9, 1981 Mayor Edel called the Council meeting to order at 5:05 p.m. with Councilmembers Behrendt, Michael, Parry, Van Ness and Collins present. MINUTES Councilman Behrendt moved to approve the minutes of November 24, and December 8, 1980; seconded by Councilman Parry. Ail in favor, motion carried. ~ ACCOUNTS PAYABLE Councilman Parry moved to table accounts payable until the next,meeting; seconded by Councilman Behrendt. All in favor, motion carried. CITIZEN PARTICIPATION 1. Boots Ferguson requested that the City and Pyramid Management Inc. mutually cancel the lease for the Plum Tree Inn dated December 1, 1980. Ferguson said the city did not want to put any money into the Plum Tree because the city is going to dispose of it. Because of this winter, the city will not make any money and Ferguson's clients are losing $20,000 a month under this lease. Ferguson said they can canel with a 30 day written notice or a request. Ferguson is requesting the city and Pyramid mutuall terminate the lease. There are four concerns which have been identified. (1) future reservations and how they will be handled; (2) taking care of the accounts payable, (3) the employees informing then and relocating them, and (4) past due rent. Ferguson suggested Council conditionally okay the termination. Councilwoman Michael said she was not willing to discuss this tonight and pre-existing dwelling and as a result of no more than two lots being created by this subdivision. The engineering department requested a revised plat reflecting the change in the common elements of the existing condominium project. The attorney and housing director had no comments. The P & Z recommended approval on January 6, 1981. Councilman Van Ness moved to except the Oliver-Carr subdivision from full compliance with the subdivision regulations for purposes of condominiumization subject to the following conditions; the applicant's submission of a revised plt to the engineering department reflecting the deletion of lots K, L and M from the common elements of the existing condominium project. The revised plat should be submitted to the engineering following final approval of this application by city council; seconded by Councilman Behrendt. Councilman Behrendt brought up the sidewalk, curb and gutter improvement district and aske¢ why is was not a condition of this application. Richman said it could be added. Councilman Van Ness amended his motion to add the applicant must agree to enter into a sidewalk improvement district, when one is formed; seconded by Councilman Behrendt. All in favor, motion carried. SUBDIVISION EXCEPTION - Coachlight Chalet (Lodge condominiumization and reconstruction) Alan Richman, planning office told Council this lodge is located on 12,000 square feet and the applicant is requesting subdivision exception and condominiumization of a new lodg~ to be rebuilt. They propose 11 studio units, one 3-bedroom and two employee housing units. The applicant is requesting only one unit at this time because P & Z did not approve the second unit. This falls under Section 20-23; they will not increase the number of units. The applicant is meeting the intent of Section 20-23. P & Z had some concern about the lobby not being able t° provide breakfast and informational services to what had been provided. The engineering department reviewed the condominium map and found it tO be adequate; they suggested the encroachment issue should be clarified. The attorney stated the application meets the intent of Section 20-23; however, the applicant should designate that services are contracted on a twenty-four hour basis. The housing director requests the employee units be under group ownership of the condominium association. Richman told Council the planning office recommendation contained four conditions, which have been met by the applicant since P & Z. The fifth condition of the P & Z, which was to enlarge the lobby, the applicant has met this also. Councilman Behrendt moved to except the Coachling Chalet from full compliance with the subdivision regulations for purposes of lodge condominiumization the number of employee units subject to P & Z approval, otherwise there will be two pillows; seconded by Council- man Isaac. All in favor, motion carried. CONSENT AGENDA Ordinance #50, Series of 1980, was dealt with earlier; Ordinance #4, and liquor license renewal for the Arya were requested to be tabled until February 9th. Confirmation of Audit Firm was the only item left on the consent agenda. Councilman Van Ness moved to approve the consent agenda; seconded by Councilman Behrendt. All in favor, motion carried. Councilman Van Ness moved to table Ordinance #4, Series of 1981, and Arya liquor license renewal to February 9; seconded by Councilman Behrendt. All in favor, motion carried. Councilman Van Ness moved to adjourn at 10:10 p.m.; seconded by Councilman Isaac. All in favor, motion carried. K~thr~n S~Koch, City Clerk Regular Meeting Aspen City Council February 9, 1981 Mayor Edel called the Council meeting to order at 5:05 p.m. with Councilmembers Behrendt, Michael, Parry, Van Ness and Collins present. MINUTES Councilman Behrendt moved to approve the minutes of November 24, and December 8, %980; seconded by Councilman Parry. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Parry moved to table accounts payable until the next meeting; seconded by Councilman Behrendt. All in favor, motion carried. CITIZEN PARTICIPATION 1. Boots Ferguson requested that the City and Pyramid Management Inc. mutually cancel the lease for the Plum Tree Inn dated December 1, 1980. Ferguson said the city did not want to put any money into the Plum Tree because the city is going to dispose of it. Because of this winter, the city will not make any money and Ferguson's clients are losing $20,000 a month under this lease. Ferguson said they can canel with a 30 day written notice or a request. Ferguson is requesting the city and Pyramid mutuall terminate the lease. There are four concerns which have been identified. (1) future reservations and how they will handled; (2) taking care of the accounts payable, (3) the employees - informing then and relocating them, and (4) past due rent. Ferguson suggested Council conditionally okay the termination. Councilwoman Michael said she was not willing to discuss this tonight and ~egu±ar Meeting aspen ul~y uouncmi ~o~u~z3 ~, ~=o~ Gideon Kaufman showed Council where the C-1 district is. Kaufman said the Code does not supercede the needs of the community. The Code says this zone has uses not primarily oriented toward serving tourists; however, in a tourist town there are no uses which cannot incorporate tourists into it. Busineses do not survive without accommodating the local persons. Kaufman told Council he is asking that restaurants be conditonal use, not a use by right, and would be willing to go along with a 12 or 11 month restriction. A restauran~ by definition is not primarily oriented towards tourists. In this zone district, gas stations are allowed. Tourists and locals both need to use restaurants. There cannot be a restaurant which accommodates locals only. KaUfman said this amendment would be enlargil the intent of the zone district; a restaurant in that area would be primarily oriented toward locals. Kaufman went through the C-1 district, out of 40 uses 27 of them are oriented toward tour- ists. If a restaurant is put in, it would be within the intent of this district. The CC district allows for restaurants; there are 8 restaurants that have not been replaced. Mayor Edel said he did not see this as a positive argument. If restaurants are going out of business, maybe the market place is determining that. Kaufman told Council that restau- rants are allowed in the O, office, district, which is further out. The C-1 district is a more natural place to allow restaurants. Restaurants are in the L-1 and L-2 district, which accommodates tourists. Kaufman said he felt this was a logical place for restaurants and they are needed. Restaurants in the C-1 zone have a strong local following; tourists does not go as far out of the CC district as locals. Councilman Behrendt said he did not have any objection to making restaurants a conditional use; however, the Council ought to put some conditions on this, like serving breakfast and lunch, which are locals problems. Councilwoman Michael said she did not have a problem with restaurants as a conditional use but does have a problem putting a lot of conditions on restaurants. Councilwoman Michael said restaurants seeks a level of how much they wants to be open; having to stay open 12 months is an.~onerous conditions. Councilman Parry said making restrictions is making more work for Council and staff. Councilman Parry said there should be restaurants allowed in the C-1 district. Councilman Van Ness said he was not-in favor of making this a conditional use. Vann told Council that the list of uses for the C-1 zone district was developed with the idea the rents would be less as it would be less congested with tourists. Vann said there has been a steady erosion of the uses in that district for a long period of time. Vann said the issue is not whether a restaurant is a tourist or local use, it is whether Council feels there is a need for a C-1 district. If council does make this a conditional use, they are creating an enforcement problem. P & Z aruged that there is adeqUate area zoned for restaurants; there are 12 square blocks in which restaurants can locate. The reason restaurants are allowed in the O, office, zone was an attempt to maintain the economic viability of historic structures on Main street. A restaurant is only allowed in specifically designated historic buildings. Vann said the intent of the C-1 zone is as a transition zone between multi-family and the constraints of the CC district. Councilman Behrendt moved to initiate procedures to allow restaurants as a conditonal use in the C-1 zone district; seconded by Councilman Parry. Kaufman said allowing restaurants in the C-1 zone is one of the few uses that meets the real intention of that district, restaurants doe meet the intent of not being~ primarily for tourist use. As a conditional use, this would be strengthening the intent of the district. Councilman Behrendt said it is important to locals to be open for breakfast and lUnCh rather than dinner. Councilman Collins said he would prefer to follow the recOmmendations of P & Z and the planning office. Councilman Van Ness said if the intent of the C-1 zone is to cater to locals, a restaurant is definetly a local use. Councilman Van Ness said he feel the town needs more locally oriented restaurants. Mayor Edel said said the Council is not facing the issue, which is the C-I zone relevance in the community today. The Council should look at the whole zone to see whether it is needed or not. Councilman Collins said the Council should look at the whole picture, and also what this will do to traffic. All in favor, with the~exception of Councilman Collins and Mayor Edel. Motion carried. The Council decided to have no restrictions. SUBDIVISION EXCEPTION - Madsen Alan Richman, planning office, told Council this is an application to condominiumize a nine-unit complex at Hopkins and Fifth. The engineering department requests the plat to be changed, the developer agree to join a sidewalk improvement district or to construct curb, sidewalk, and gutter, and provide 3 additional parking spaces. The attorney gave 5 comments; six month minimum lease restrictions, notice and option provisions of Section 20-22, there be minimal tenant displacement; the tenants have not been made to move involuntarily with the preceding 18 months; and ~f any un~ts fall w~th~n the ~ty s hous~n. price guidelines, they be available at these guidelines. The p~anning office.'finds this ',is a non,cOnforming structure; however, nothing prevents'condominium~zation of such. They also look at the price of rentals of the units; none of them fell within the housing guidelines. One fell relatively close to the uppder guidelines, and the applicants are willing to restrict that unit. P & Z recommended sincel the middle income is lower than the rent is now, that the rent be restricted to the current rate plus adjustments. Richman told Council there is no provisions in the Code to require additional parking~ spaces because there is noladditional construction. P & Z did add a condition of health safety and fire inspection. P & Z has initiated a code amendment to require this in the future. Councilman Behrendt moved to except the Madsen Chalet from full compliance with the subdivision regulations for purposes of condominiumization subject to the following conditions: (1) the applicant agreeing to construct curb, gutter and sidewalk on Hopkins Avenue or providing a covenant for each unit indicating their agreement to join an improve- Regular Meeting Aspen City Council February 9, 1981 ment district if one is formed, (2) the applicant complying with the requirement that existing tenants have a ninety-day option to purchase their unit and a right of first refusal of purchase offer, (3) the applicant meeting the requirement of ~six-month minimum leases, (4) the applicant filing of deed restriction for five years limiting the rental of the identified unit to the present rent of $240 per month plus annual price adjustments by City Council, (5) the applicant agreeing to undergo a health and safety inspection of the property to insure minimum compliance with code provisions, and (6) the applicant submit a revised condominium plat to meet the verbal specifications of the engineering department to show the overlapping of adjoining property and to include two additional parking spaces; seconded by Councilman Collins. Assistant City Manager Lois Butterbaugh said she has never seen any parking problem in this area and it would be a shame to tear the shed down to get two more parking places. Councilman Behrendt removed the two additional parking place requirement from his motion. Mayor Edel said he wanted the sidewalk done on Hopkins and on Fifth Street when other sidewalks are done. Kaufman asked if the sidewalk could be put in when a unit is sold. Council agreed and that there be a cOvenant each unit indicating their agreement to join an improvement district for curb, gutter and sidewalk on Fifth and curb and gutter on Hopkins. All in favor, motion carried. CONSENT AGENDA Mayor Edel opened the public hearing on items on the consent agenda; Ordinance #1, Series of 1981, Commercial Core and Lodging Commission; Ordinance #4, Series of 1981, General Fur Appropriations; Ordinance #6, Series of 1981, Food Tax Rebate. There were no comments Mayor Edel closed the public hearing. Councilman Parry moved to adopt the consent agenda; seconded by Councilman Collins. All in favor, motion carried. Councilman Parry moved to adjourn at 7:00 p.m.; seconded by Councilman Collins. All in favor, motion carried.