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HomeMy WebLinkAboutminutes.council.19810608JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the joint meeting together at 4:35 with Commissioners Klanderud, Madsen, Blake, Child and Kinsley present. Councilmembers present Behrendt, Collins, ?P~rry and Isaac. 1. Purchase of Animal Shelter. City Manager Wayne Chapman introduced for discussion the joint purchase of an animal shelter facility. These services are currently being provided by the Critter Corral, at>.the Airport Business Center, under contract for an additional two years. The operator of this business, however, has not made any money and has express~ an interest in selling the facility. Although the owner is obliged to provide the services for the duration of the contract, Chapman noted that the quality of those service~ has steadily decreased. There are several options that the county and the city could pursuit to address this situation; purchase the business from the owner and assume the operation; construct a new facility; find a new operator for the existing operation; contract with another operator to provide the necessary services; or, oblige the current owner to continue the operation for the duration of the contract. Chapman told the Boards constructing a new facility would be close to $90 per square foot; this would cost $160,000 to.$250,000 for the building. The city and county would then have to find a location for the kennels; the city has no parcels; the only parcel the county has is the dump, which does not have a source of water. To get water to the dump would cost quite a bit of money. The wildlife people do,?not like the idea of the animal shelter being located at the dump. The only parcel on the market right now is 49,000 squa~ feet near the Airport Business Center and is listed for $365,000. Chapman felt the only viable alternatives included purchasing the Critter Corral outright or constructing a new facility. The owner of the Critter Corrall is asking $300,000; Chapman told the Boards it would require an additional $100,000 to bring the building up to standards. To construct a new facility would cost over $500,000 as outlined. Chapman stated there is a contract and the city and county can tell the owners they have a contract and they are expected to fulfill that contract. The Boards must realize that the contract will be up in two years and there will have been no long term solution to the problem. Mayor Edel asked if the animal control department would move out there. Chapman answered yes. Councilman Behrendt said he felt the value of the present building was less than $300,000 as the business is failing and the building would require alterations. The developer of the property has said the building is worth $350,000. The latest appraisal was in 1975 was valued the building at $200,000. Chapman Pointed out that kennels arenot a very good return on money, and based on that business, the appraisal may be very log. However, it the land is appraised as land given the highest and best use, the appraisal may be very high. Commissioner Child suggested that the city and county let it be known that a humane shelter is required for the community; this might create some interest in the community. Chapman reiterated that in two years the city and county will face the potential of having to pay a lot more to solve this problem. The staff is trying to minimize the downside risk. The Boards requested an appraisal and a report back in one month. Chapman said the quality of care at the animal shelter will be a continuing issue. It is becoming more impossible for the owner to maintain the standards that used to be there. Chapman said the staff talked about leasing the facility for the remaining time on the contract with an option to purchase; however, the staff felt the city and county should not ha~e to lease the facility for what they are already paying for. 2. Pitkin County Tax Exempt Single Family Mortgage~R~venue Bonds. County housing directo~ Jim Hamilton told the Boards that Congress has passed legislation which has limited the use of single family revenue bonds for municipalities by 4 per cent of the previous years' loans in all jurisdictions. This is Aspen, Pitkin County and the Town of Snowmass Village combined, and the combined these units could supply $8,900,000 worth of single family mortgage bonds for employee housing projects. Hamilton told the Boards because of the 87 units at Silverking, the county could need between $4,000,000 and $5,000,000; they need the cooperation of Aspen and Snowmass. Ms. Butterbaugh pointed out the resolution states that in return for this, the county would assign to the city a proportional share of its rights to the 1982 allocation. Councilman Isaac said he would like one housing authority for all three entities pursued. Mayor Edel said that is being investigated right now. Hamilton pointed out the bonds would be project specific; the guidelines used will be the ones passed by the Commissioners. Councilman Behrendt moved to approve resolution ~32, which would assign to the county the city's rights to the 1981 allocation unders the Mortgage Subsidy Bond Act of 1980; seconded by Councilman Parry. All in favor, motion carried. Commissioner Kinsley thanked outgoing Councilmembers Behrendt, Isaac and VaniNess for what they have done in the past years. Commissioner Child said it has been fund working together. COUNCIL MEETING CITIZEN PARTICIPATION 1. Bob Neufeld, representing the Aspen Professional Theatre group, told Council he had worked out an arrangement with the owners of the old post office to use it as a theatre through September. Neufeld checked the zoning and the building is zoned C-l; if the use is specifically mentioned, it can he used. Otherwise, the proposed use has to go through a conditional use hearing, which could take three months. Neufeld suggested the closest wording is "assembly hall", and Council could approvelthat as a theatre. Otherwise, perhaps Council ~ould give the theatre a temporary usage for the building to go through · September. Mayor Edel asked if Neufeld had checked with the building department for a certificate of occupancy and for health and safety inspections. Neufeld said no. Sunny Vann, planning director, told Council the problem is that the proposed use is neither a permitted nor a _ conditional use in that district. A code amendment could be processed, or the P & Z can make a determination of the appropriateness of the uses as an assembly hall. The building regulations have not been addressed, Vann said he is reluctant to do a use determination at Council level without going through P & Z. Councilman Parry said he thought this was a good idea and wOuld like to grant temporary occupancy. Vann said that would be waiving a code requirement on a temporary basis. City attorney Taddune said the Council has to find that the proposed use falls within the permitted uses. There is some possibility of interpreting this as an assembly hall. The P & Z would have to make the final determination as a use determination. Councilwoman Michael said the Council should get a consensus to see if they think this is a positive idea and then have staff work it out without getting into legal problems. Councilwoman Michael moved to put th~ theatre on the agenda; seconded by Councilman Parry. All in favor, with the exception of Councilman Isaac. Motion carried. COUNCILMEMBER COMMENTS 1. Councilwoman Michael requeSted a Council study session with the P & Z. The Council did this a year ago, and she was hopking it would become a regular item. Councilwoman Michael said she felt better communication between the two Boards was needed. Sunny Vann will set this up. 2. Councilman Parry told Council he had received a letter about the impound lot spilling over into the river and onto the road. Councilman Parry asked if the staff has done anything about this. City Manager Chpman said the junk cars will be moved out and as the old cars are moved, the new cars will be rearranged. Mayor Edel asked about a fence. Chapman said this has not been budgeted. It will cost about $15,000. Mayor Edel asked that the staff keep working on this. 3. Councilman Parry pointed out the wheelchair ramps on the sidewalks have bikers tearin¢ up the ramps and riding onto the sidewalks. Councilman Parry said he would like no biker signs put on the posts so that people will not ride on them. Councilman Parry suggested as an alternate stencils in the ramps. Councilman Van Ness said that won't stop people riding bicycles on the sidewalks; they will have to be prosecuted. Councilwoman Michael suggested asked the street department the costs of signs. 4. Councilman Parry brought up the holes in streets and alleys and said he has seen no repair work going on. Chapman told Council the street department is working on patching them. If Council would like to list specific spots that need fixing, Chapman will pass this on~ 5. Councilman Van Ness said he had enjoyed working with the council; it has been a satis- <-~ fying experience. Councilman Van Ness said he felt he had learned a lot and wished the Council good luck in the future. 6. Councilman Isaac told Council at a COG~meeting two weeks ago, they discussed preparing a study of transportation of this whole region. The federal government pulled back UMTA grant; COG needs to raise $25,000 to $30,000. Councilman Isaac said he would like Council to think about possible ways of raising that money. The Study will encompass alternative transportation modes from Denver to this region; Aspen to GLenwood, etc. The Council already contributes to COG so other sources should be thought of. 7. Councilman Isaac pointed out the tree boxes in the mall are looking ratty. Mayor Edel asked if a Captain Clean had been hired yet. Chapman told Council they have interviewed a number of people and have not found a person to combine 50 per cent promotion and 50 per cent of worked. Chapman said he has asked the parks director to re-examin the Captain Clean program on a long term basis. Mayor Edel asked that Chapman get someon to clean up the mall. 8. Councilman Isaac thanked Council and the citizens for the experiences he has had. Councilman Isaac said he has enjoyed his term as Council and will miss it. Councilman Isaac asked that Council not forget the east end. 8. Councilman Behrendt said it has been fantastic to work with people like Council and like the staff. Councilman Behrendt said he has spent eight years caring for the town and to quit is a wrenching situation and he will miss it. Councilman Behrendt said he loves this town and has loved working with the city and Council. Sunny Vann told Council the Aspen Inn GMP amendment was tabled to this Council meeting. ASPEN INN The applicants have requested it be pulled and a work session scheduled. The staff is asking that Council table the Marolt final p!at submission until a special meeting next MAROLT Monday. THEATRE IN C-1 ZONE DISTRICT Councilwoman Michael moved that Council refer the matter of a theatre and right of assembl5 in the old post office building to City Attorney Taddune with the consensus it is a positive ideaiand ask the attorney to work with staff on a solution; seconded by Councilmar Behrendt. City Attorney Taddune stated that the Code sets forth a procedure for making use determina- tions, which is to go to P & Z. Taddune said he would have to advise Neufeld to go to P & Z. Taddune told Council he had spent time trying to accommodate this but feels he should go to P & Z. All in favor, motion carried. SUBDIVISION EXCEPTION - Epicurean Jeffrey Sachs requested this be tabled as he is working with the P & Z on a special review. Councilman Isaac moved to table the Epicurean subdivision exception; seconded by Councilmar Van Ness. All in favor, motion carried. COLORADO CLEAN AIR COALITION Bob Nelson, environmental health department, told Council the Colorado Clean Air group is government and citizens banded together to get input into Washington D.C. to prevent changes in the national clean air quality act. Nelson told Council there has been pressur~ from industries and outside interests to lessen the clean air standards. Councilman Behrendt moved to read R~solutions 33 and 33,A, Series of 1981; seconded by Councilman Isaac. All in favor, motion carried. RESOLUTION #33 (Series of 1981) A RESOLUTION EXPRESSING SUPPORT FOR A STRONG FEDERAL CLEAN AIR ACT AND PROPOSING MODERATE CHANGES TO ADDRESS NEW AIR POLLUTION PROBLEMS WHEREAS, the United States Congress has enacted the Federal Clean Air Act, as amended, to control air pollution nationwide and provide technical assistance for attacking air pollution problems to the states; and WHEREAS, the City Council of the City of Aspen deems that air pollution is a problem of the utmost and gravest concern to the citiznes of the city of Aspen, inasmuch as it contributes to severe health problems, has a devastating impact on the environment, fish and wildlife, results in the creation of acid rain, impairs visibility and may even be altering the earth's climate; and WHEREAS, the City Council recognizes :that clean air for the citiznes of the City of Aspen, the State and the nation is essential to assuring and maintaining a high quality of life; and WHEREAS, oil shale develoPment on the Colorado wester slop has the potential to create additional polTution problems which may jeopardize the City of Aspen as an environmentally attractive resort community, and WHEREAS, the City Council is aware that in 1981 the Clean Air Act is slated for reauthorization by the United States Congress and that various proposals have been made to weaken the strict requirements presently in effect; and WHEREAS, the City Council of the City of Aspen, on behalf of the citizens of the city, desires to express its support for a strong Clean Air Act which will assure and guarantee that the people of the City of Aspen, the State and the nation enjoy clean air, and also to propose changes to address new air pollution problems, as indicated in the memorandum of the League of Women Voters, dated March 19, 1981, annexed hereto, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. On behalf of the cit~znes of the City of Aspen, Colorado, the City Counci~ hereby expresses its support for a strong federal Clean Air Act which it deems essential to avoid pollution and the problem~caused thereby. 2. The City Council hereby requests that each member of the Colorado delegation to the United States Congress advocate and vote to retain and reauthorize the strict provisions of the Clean Air Act and also to recommend and vote the approval.of moderate changes as are necessary to address new air pollution problems as indicated in the memorandum of the League of Women Voters dated March 19, 1981, a copy of which is annexed hereto and supported by the City Council. 3. The Mayor is hereby authorized and directed to express the City Council' concern and support for a strong federal Clean Air Act and moderate changes to address new air pollution problems and to forward a copy of this resolution to each member of the Colorado Delegation to the United States Congress and such other state and federal officials as he deems appropriate, was read by the city clerk RESOLUTION 33-A (Series of 1981) RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AND THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO JOIN THE COLORADO ~CLEAN AIR COALITION FOR HEALTH AND JOBS was read by the city clerk Councilman Behrendt moved to adopt Resolutions #33 and #33-A, Series of 1981; seconded by Councilman Isaac. All in favor, motion carried. COMMENDATION rRESOLUTIONS Councilman Parry moved to read Resolution #30, Series of 1981, comraending Tom Isaac; seconded by Councilman Collins. All in favor, motion carried. The resolution was read. by Mayor Edel and a copy placed in the resolution book. Councilwoman Michael moved to read Resolution #31, Series of 1981, commending John Van Ness seconded by Councilman Parry. All in favor, motion carried. The resolution was read by Councilwoman Michael and a copy placediin the resolution book. Councilman Parry moved to read Resolution #29, Series of 1981, commending Michael Behrendt; seconded by Councilwoman Michael. All in favor, motion carried. The resolution was read by Mayor Edel and a copy placed in the resolution book. Councilman Collins moved to adopt Resolutions 29, 30, and 31, Series of 1981; seoonded by Councilman Parry. All in favor, motion carried. ~ ORDINANCE %29, SERIES OF 1981 - Appropriation for Rio Grande work Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilwoman Michael moved to read Ordinance %29, Series of 1981; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE %29 (Series of 1981) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $10,000 FROM FUND BALANCE OF THE LAND FUND FOR RIO GRANDE STUDY EXPENDITURES was read by the city clerk Councilman Isaac moved to adopt Ordinance %29, Series of 1981, on second reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Behrendt, aye; Collins, nay; Isaac, aye; Michael, aye; Parry, aye; Van Ness, nay; Mayor Edel, aye. Motion carried. ORDINANCE %30, SERIES OF 1981 - Animal Fees and Fines Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Behrendt moved to read Ordinance #30, Series of 1981; seconded by Councilman Parry. All in favor, with the exception of Councilman Van Ness. Motion carried. ORDINANCE %30 (Series of 1981) AN ORDINANCE AMENDING SECTION 5-28(a) AND SECTION 5-31 TO INCREASE THE CHARGE FOR ISSUING OR TRANSFERRING A DOG TAG FROM $2.00 TO $5,00 FOR AN ALTERED DOG AND $10.00 FOR AN UNALTERED DOG; AMENDING SECTION 5-45 TO INCREASE THE IMPOUNDING FEE FROM $5.00 TO $15.00 FOR THE FIRST DAY AND FROM $5.00 TO $10.00 FOR EACH ADDITIONAL DAY; NAD AMENDING SECTION 5-68(c) TO ESTABLISH A NEW PENALTY ASSESSMENT SCHEDULE FOR FAILURE TO COMPLY WITH THE PROVISIONS OF CHAPTER 5 OF THE ASPEN MUNICIPAL CODE was read by the city clerk Councilman Behrendt moved to adopt Ordinance %30, Series Of 1981, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Van Ness, nay; Michael, aye; Parry, aye; Behrendt, aye; Isaac, aye; Collins, nay; Mayor Edel, aye. Motion carried. SWEARING IN MAYOR AND COUNCIL Municipal Judge Brooke Peterson gave the oath of office to Herman Edel as Mayor and to Dick Knecht as Councilmember. Mayor Edel said this is the first time ever there are only five on the Council and he hopes it does prove an efficient way of running a government. Mayor Edel said the members of Council have to work harder than before. Mayor Edel suggested a meeting to take variou! functions of government and each Councilmember assume those areas of operations they feel they know the most about. Mayor Edel said the Council has before it the question of the Plum Tree and what to do with it. Councilman Knecht has had experience with this type of thing and he could be the Council liason. Mayor Edel requested the staff set up a meeting to ~ivide Council functions. Mayor Edel also requested that a meeting be scheduled to review all the Boards and Commissions. This meeting was set for June 16th at noon. Mayor Edel said at the meeting the Council would appoint members to outside functions, such as COG, CAST, Ruedi Water Authority, etc. ELECTION OF MAYOR PRO TEM Councilman Parry nominated Susan Michael; seconded by Councilman Knecht. Councilman Collins nominated George Parry. There was no second. Councilwoman Michael was elected Mayor Pro Tem. Councilman Parry was nominated as third check signer. ORDINANCE %31, SERIES OF 1981 - Single Transfer of Fuel Mayor Edel told Council everyone concerned with the fuel was in favor of this ordinance and feel it will make it a safer operation. This has been recommended by the fire chief and accepted by the people who bring in the fuel and who sell the fuel. Councilman Parry moved to read Ordinance %31, Series of 1981; seconded by Councilman Knecht. Ail in favor, motion carried. ORDINANCE %31 (Series of 1981) AN ORDINANCE OF THE CITY OF ASPEN CORRECTING THE INTRODUCTORY PARAGRAPH OF SECTION 9-3 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO REFLECT THE ADOPTION OF THE 1976 EDICTION OF THE UNIFORM FIRE CODE AND REPEALING AND REENACTING SECTION 9-3(w) WHICH PROVIDES ADDITIONS TO SECTION 15.1104 OF THE UNIFORM FIRE CODE, 1976 EDICTION, SO AS TO PERMIT A SINGLE TRANSFER OF FUELD AT A DESTINATION WITH VAPOR HOSE CONNECTIONS RATHER THAN USING A DOUBLE HANDLING OF ALL TRAILER LOADS was read by the city clerk Councilman Parry moved to adopt Ordinance #31, Series of 1981, on first reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Michael, aye; Parry, aye; Collins aye; Knecht, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~32 and 33, SERIES OF 1981 - 1979 Uniform MechanicaI Code and Uniform Building Code Councilman Parry moved to read Ordinances #32 and 33, Series of 1981; seconded by Council- man Knecht. All in favor, motion carried. ORDINANCE ~32 (Series of 1981) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM MECHANICAL CODE, 1979 EDITION; AMENDING CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR VIOI~ATIONS OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH ORDINANCE #33 (Series of 1981) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM!iBUILDING CODE, 19Fl EDITION, TOGETHER WITH THE UNIFO~{ BUILDING<~CODE STANDARDS~ 1979 EDITION; AMENDING CERTAIN! SECTIONS iOF SAID CODES, PROVIDING~;PENALTIES FOR THE VIOLATIONS OF SAID CODE; AMD REPEALING;iSECTIONS OF THE MUNICIPAL CODE INCONSISTENT THERWITH was read by the city clerk City Attorney Taddune told Council both ordinances refer to amended versions of the UMC UBC. Building inspector Herb Paddock has reviewed the changes and has made amendments. Councilman Collins moved to adopt Ordinance ~32 and #33, Series of 1981, on first reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Collins, aye; Parry, aye; Knecht, aye; Michael, aye; Mayor Edel, aye. Motion carried. REQUEST TO CONTRIBUTE TO LAWSUIT - City of Boulder City Attorney Taddune told Council the city of Boulder is involved in a lengthy litigation involving cable television franchises. They have been somewhat successful and the matter is before the U. S. Supreme Court. Boulder has requested other municipalities contribute to their litigation expenses. Taddune said the city of Aspen could find itself in the same circumstances. However, Taddune said it may be inappropriate to contribute because the city of Aspen did not participate in the legislative process nor the legal process. Taddune said he felt that the city of Boulder is committed to the lawsuit whether Aspen contribute or not. Councilwoman Michael said she was not overwhelmed by contributing money; Councilmembers Parry and Collins agreed. CONSENT AGENDA Councilwoman Michael moved to approve the items on the consent agenda; these are Liquor License transfer - Takah Sushi and Fire District lease; seconded by Councilman Parry. All in favor, motion carried. COLLEEN COLLINS - CITY OF ASPEN AGREEMENT Councilwoman Michael moved to Put Collins and City of Aspen agreement on the agenda; seconded by Councilman Parry. All in favor, motion carried. City Manager Chapman explained that Colleen Collins ran the figure skating program over the fall. Chapman had negotiated with Collins about running a summer figure skating program; they had a difficult time getting an agreement. Interested supporters of the figure skating program met with Chapman and staff to work out an agreement. Chapman told Council he got the city's costs to an absolute minimum plus the city gets 10 per cent of all ice time. Chapman told Council this is a new program and he thought in order to get the program developed, the approach should be to only regain the city's costs. Councilman Parry said he totally supports this program. Councilman Parry moved to approve the agreement between Collins and the City of Aspen; seconded by Councilwoman Michael. All in favor; Councilman Collins abstained. Motion carried. TABLES ON SIDEWALK IN FRONT OF POUR LA FRANCE Tim Cottrell and John Bennett were present representing Pour La France and presented Council with a picture of the proposed outdoor cafe. Cottrell requested four tables and eight chairs on the sidewalk under the awning, for outside service. There will be no bus stations. Cottrell told Council the health department has no problems with this. The engineering department said they would rather see these tables be moved to the median area where the trees are planted to leave the sidewalk open. Councilwoman Michael noted there are restaurants on the mall and they have extensive requirements for these restaurant Cottrell told Council there are certain hours set out in the mall lease for restaurants, also these restaurants all serve liquor. There is a certain rent charge. Councilwoman Michael pointed out this not been done outside the mall area. City Clerk Koch pointed out the Council allowed Tom's market to vend on the sidewalk one summer. Councilman Parry said he had gone and looked at this and preferred it to be on the strip under the trees; this will not congest the traffic flow. Cottrelt said the reason they proposed it next to the building was to be under the sun shade of the awning. Mayor Edel said brining the tables away from the building would have waiters crossing the flow of traffic. City Attorney Taddune read to Council from Section 13-63 which states it shall be unlawful for vendors to obstruct public rights-of-way. Taddune said Council would have to find that what Pour la France is proposing does not impede persons ability to walk along the sidewalk. Taddune said if some accident happens, he felt the city could be jointly liable with the property owners. Taddune told Council there is a provision in the Code for contracts to provide vending service; the city could write into the contract an indemnification clause. Mayor Edel said this looks appropriate and nice against the building and is applicable in this particular instance. Mayor Edel said there are other places in town where he would be very much against this type of proposal. If this is granted, would the Council be set- ting a precedent. Taddune said in the past the city has not allowed sidewalk permits for the very fact of establishing a precedent. Cottrell told Council this particular sidewalk curb area was moved out about one foot; it is all paved. The square footage does leave an appropriate amount of sidewalk. Bennett said this could be approved subject to the width of the sidwalk. Councilwoman Michael said while she thought this was most attract- ive, she hesitated because of the precedent it would set. Councilman Parry said the Council was stifling imagination because of some of their rules. Councilman Parry moved to approve the request; seconded by Councilman Knecht. Councilman Knecht said he felt this was well presented; he would like to see it up against the building. If this does not work, the permission can be rescinded. Councilwoman Micha~ asked if there was a time limit. Taddune pointed out these leases are renewable every year. Councilman Parry amended his motion to include this is a trial for this summer with only two chairs at every table, four tables at 20 inches, subject to the applicant entering into an agreement with the city; seconded by Councilman Knecht. Mayor Edel asked if there was a way to word the agreement so the Council has not opened itself to lots of other requests. Taddune said the Council could made a finding that the five ingredients in Section 13-63 were applicable to this request. All in favor, with the exception of Councilwoman Michael and Mayor Edel. Motion carried. APPLICATION FOR A THREE-WAY LIQUOR LICENSE - Columbine Dinner Theatre Mayor Edel stepped down due to a conflict of interest. Mayor Pro Tem Michael opened the public hearing. City Clerk Koch reported the file, posting and publication to be in order~ Fred Smith, the applicant, a resident of Aspen is requesting a hotel and restaurant licens~ with extended hours. The reasonable needs of the neighborhood have not been met. There are no other similar establishments in town. This will be a dinner theatre with full productions; it will seat 99 people five nights a week. Smith submitted a petition with over 100 signatures. Mayor Pro TemMichael asked if there were other applicants. Smith told Council he has sole possession of the premises and is the sole application for the liquor license. Smith's artistic associates will put on the production. Smith told Council they plan to re-open for the winter with two shows alternating. Smith hopes to make the facility available to the music school for lunches or on the nights he is not operating. Smith told Council he has lived in Aspen 11 years, has been active on the Boar( of Adjustment and the Rio Grande Task Force, Board of Realtors and ACT. Mayor Pro Tem Michael asked for opponents to the issuance of this license. There were non~ Mayor Pro Tem Michael closed the public hearing. Councilman Parry moved that based on the evidence presented at the Public hearing held June 8, 1981, relating to the applicantion of Fred Smith for.a three-way liquor license the City Council finds that the needs of the community have not been met and the license as applied for is hereby granted; seconded by Councilman Knecht. All in favor, motion carried. ASPEN INSTITUTE - ,Cantrup/VOICE Proposal Andy Hecht told Council they wished to reaffirm their commitment to a previous resolution which was passed by Council earlier in the spring. Hecht requested, if Council wishes to pursue this, that they follow the resolution and appoint a Board. Some of the importan~ ingredients of the resolution are to supply the M.A.A. with the fee land to support their function; similarly the Physics Institutes, and to retain the Institute. Councilwoman Michael asked, if this is a proposal by Cantrup and VOICE to this city to do with as they please, then how does Council want this process to be managed. Is this to be city managed. Mayor Edel said he felt it would be inappropriate for the Mayor to be on this committee at this time. Mayor Edel said this is a process; the committee should go before the planning department and evolve what they intend to do; get the commitments locked in. The Council is not part of this process. Mayor Edel said he understood that this advisory board would supervise the proposal but the proposal is coming from the developer. Chapman pointed out this says that the developer is agreeing not to submit any program to the city unless the advisory board approves. The board represents a first hurdle. Councilman Collins said this is a quasi-governmental appointed Commission. The group coul~ could have a lot of input by being appointed by the government and coming under the umbrella of the government. Councilman Collins said he felt this appointed group is an excellent idea; however, it is not appropriate for the city to have a hand in appointed those people who are going to review what the applicant may have in mind. Chapman noted a close parallel is the Rio Grande Task Force, the Council got together diverse citizens and asked for their recommendations on how the area should be developed. In this case the request for an advisory board is coming from the developer and is Volunteering to bind himself not to submit anything to the city unless the task force for the Institute agrees with the use. Councilman Parry agreed the developer should set up the group; by their setting up the group, they should be able to sell the Council on the ideas as to how this can work. Mayo~ Edel said he has concerns about the M.A.A.; they need decisions very quickly. Mayor Edel said he would like this committee set UP quickly. Councilman Knecht pointed out that the developer would be able to set up the committee more quickly than the city. Councilman Parry said both the city and the developer could suggest members and combine the lists. Mayor Edel suggested appointing a Councilmember to the committee as a city delegate, not for the committee but in putting the committee together. Councilwoman Michael said this group will come from without city hall; it will not become an unofficial arm of the city. Hecht said if Council did not give this group a surrogate parent, it will not have any interest; it will not produce any results, Hecht said he wanted the committee to have an allegiance to someone other than the applicant. Councilman Parry moved to have a special meeting to put together a list for this committee use the list as presented as a primary list, have a meeting to go over this list add names and make up a group; the responsibility of this group is as an advisory group to Council and working with the applicant; seconded by Councilwoman Michael. All in favor, with the exception of Councilman Collins and Mayor Edel. Motion carried. Councilwoman Michael suggested August 31, 1981, as a deadline, as it is critical that this committee does its work and the applicant gets the plan in motion. Council scheduled a meeting for Wednesday, June 17, 1981, at noon to establish this committee. Councilwoman Michael said she did not want to discuss assumptions or numbers at the Institute. The committee is to crystalize these items. REQUEST TO HOLD JULY 4 FLE~ MARKET ON CITY PROPERTY Monroe Summers told Council a woman is asking permission to hold a flea market with 25 stalls specializing in antiques and quality brick brack on city property. Mayor Edel pointed out that many groups are trying to do activities on the Fourth of July. Summers suggested if this is allowed, the Council put a time limit on it so that they will have to be out before the fireworks. Councilman Parry asked about the Rio Grande. Summers answered the staff requested this not be used because of the parking lot; it will be busy on the Fourth. Mayor Edel asked if Summers had any idea of the caliber of the merchandise Summers told Council she has had a shop at the Hotel Jerome. Summers said this applicant is amenable to any public property in town and feels this would be a positive tourist draw for the Fourth of July. Councilman Parry moved to approve a flea market at Rubey Park for the Fourth of July; seconded by Councilman Collins. Councilmembers Collins, Parry and Michael in favor; Councilman Knecht and Mayor Edel opposed. Motion carried. Summers told Council the Maroon Bells bus program will be back bigger and better than ever. Mayor Edel said he understood the staff would be coming to Council with reports and analysis so that the Council could make the decision. 'Staff will come back with reports at the next meeting. AMENDMENT IN FAR CONDITION PLACED ON WPW SUBDIVISION Colette Penne, planning office, told Council in March of 1977 Councili ptaced on FAR on the WPW subdivision to prevent very large structures. The zoning would allow single family houses and duplexes of up to 16,000 square feet. Council placed a .3:1 FAR on this subdivision. Welton Anderson is requesting~this be changed to .4:1 as he feels the .3:1 is restrictive and unworkable~Anderson is asking for flexibility to redesign the interio~ space. Ms. Penne told Council all residences have gone through HPC. The planning office recommends the FAR be upgraded to .4:1 for the interiors of the three residences in question. One property has not gone through HPC. Councilman Parry moved to approve that the FAR be upgraded to the requested 0.4:1 only for the interior changes sought~by the owners of the 3 residences in question but not for the entire WPW subdivision since at least one property has not bee designed yet or even conceptually presented to HPC; seconded by Councilwoman Michael. All in favor, motion carried. (These residences are 210 Lake avenue, 212 Lake avenue and 214 Lake avenue). CONCEPTUAL PUD SUBMISSION - Pitkin Reserve Jack Johnson, planning office, told Council this application is connected with the Aspen Mountain Park/Smuggler trailer park application which was before Council a few weeks ago. This application is on a piece of property located in the county and is the subject of proposed annexation. The property is 26 acres across from the Aspen Institute on the nort] side of the Roaring Fork river. Willoughby Way off Red Mountain road is the access to the site. Johnson presented visuals to explain where the property and access is. Johnson told Council associated with the petition for annexation for this property is the deannex- ation of a piece of land adjacent to Smuggler trailer park. This is half an acre and was part of the parceling of Smuggler. Johnson told Council should this conceptual PUD be approved by Council, recommended by P&Z, the next step in the procedure is preliminary plat at P&Z under a PUD and SPA with an underlying R-30 zone. It would be most appropriate for R-30 zone to apply; it is in keepin with the surrounding zoning patterns within the city. There will be an application of the 70/30 ordinance and proposed legislation for 90/10 to accomplish the trade out between the 87 trailer park units, 22 proposed new trailer units and the 19 free market units. The final step to Council would be a final plat, looking at the SPA/R-30 zoning, new legislation, the 70/30 ordinance, annexation and disconnection of the parcel adjacent to the trailer park.~ There is an interrelation between Pitkin Reserve and Smuggler trailer park and the intent of the agreements between all parties. The intent is the desire of the city to try and preserve Smuggler trailer park as an employee housing pool. Johnson told Council the county would like to relocated some of their railroad right-of- ways interests which they own on this 26 acre parcel. Rick Ferrell presented an outline~ of the county trade agreements. Johnson said the new right-of-way the county would reloca~ would superimpose itself on the existing trail. This will accommodate a slightly larger development site. Johnson noted everything in green will be preserved as common open spac~ and will be~conveyed back to the county for maintenance purposes. The green area will be in the city but the county will own it; it is a continuation of the Roaring Fork greenway. Johnson told Council the applicant's request for conceptual PUD for six duplex structures or 12 units. Ferrell told Council as a trade off, in the site planning rather than put the housing in the more visible flat area, they will be tucked into the hill. This is a more expensive solution but also a more attractive one. Johnson told Council at the time the preliminary plat is submitted, grading and landscaping plans will be submitted. There will be a PUD agreement entered into between the applicant and the Council. Ferrell said the view from Willoughby Way will be preserved. Ferrell told Council there is an estab. lished service road which they will dedicate as a pedestrian access. Johnson showed a slope map and told Council part of his recommendation is that as the private road intersects Willoughby Way it do so at grade with a two-car stacking lane. Mayor Edel brought up the parcelling of this land and asked if by approving this, the Council was acknowledging a subdivision on the Institute land. Bob Hughes told Council in November 1980, he obtained from the county Commissioners a subdivision exemption con- firming the parcelling of this lot. Ferrell said they went to the county and went through a process to preserve the city's rights. Chapman said this has been subdivided by the county. Councilman Collins asked who owns this land now. Hughes answered Aspen Mountain Park. Councilman Collins asked what the current county zoning way. Hughes said it is a combination of AF-2 and R-30. Ferrel said the present county zoning would permit 15.78 ~nits. Johnson said the planning office is suggesting zoning this R-30 as it would be compatible with both city and county zones. Councilman Parry moved approval of the conceptual PUD submission of the Pitkin Reserve develOpment subject to the following conditions; (1) annexation of the subject property prior to final plat approval, (2) adoption of a 90/10 code amendment prior to final plat approval, (3) assurances protecting the horse trail and Rio Grande trail and provision of a 12 foot trail easement as per trails director comments; (4) extensions and under- grounding of all necessary utilities; (5) complaince with code design standards for public streets or functional and safe intersection design for private streets; seconded by Councilwoman Michael. Ferrell told Council when they got into the design~ after the trade with the county limit- ing the development to 12 units, they came up with the concept of an employee restricted unit for a 13th unit. This would be for a fulltime caretaker of the property. This was presented to the planning office, who pointed out the developer had tied themselves to 12 units by the agreement with the county. The developer made a presentation to the Commissioners and they amended that portion of the agreement limiting to 12 units and the Commissioners said they would permit a 13th employee caretaker unit. Hughes noted this was not part of the conceptual presentation at P & Z, so the developer would like Council to request them to amend their presentation to inclUde an employee housing unit. Ferrell said the County put a restriction on this unit of 700 square feet with some storage. Johnson told Council the planning office has not had a chance to review this request. Councilman Parry amended his motion to request the Aspen Mountain Park to consider the addition of a 13th employee restricted unit for their proposed caretaker unit to be considered at the preliminary plat stage; seconded by Councilwoman Michael. Councilmember Parry, Michael and Mayor Edel in favor; Councilmembers Knecht and Collins opposed. Motion carried. SUBDIVISION EXCEPTION - Saliterman Jack Johnson, planning office, told Council this application is for subdivision exception for the purposes of condominiumization located at Garmisch and Bleeker in the R-6 zone district. This is a fourplex. The building department has inspected the structure and has identified improvements to eliminate potential hazards. The attorney representing the applicant has consented to most of these. Gideon Kaufman, representing the applicant, met with the building inspector and agreed on all issues but one. Kaufman explained to Council that going up the stairs there is a spot, if one is over 6 feet tall, could hit one's head. The building inspector wants the bottom of the closet removed. This is a small unit and this is the only storage closet. It would be a burden to remove half the only storage closet in the place, Kaufman recommended padding and a light in this spot. This building is over 20 years only; they are trying to mitigate the building department's concern. Kaufman told Council the building department~ would like to have the closet removed all together. Council decided to postpone this to see if the building inspector shOwed up. BOND REPORT - Don Diones Councilwoman Michael moved to put Don Diones on the agenda; seconded by Councilman Parry. All in favor, motion carried. Don Diones told Council he wanted to report on the bond market. Two weeks ago the market was right at the 10-3/4 interest rate; this could not be done on a 16 year bond. The city has embarked on their water expansion program. The city is also doing a program of interviewing other bond houses. Diones suggested the Council do a $2,700,000 bond issue in order to get money by July 10 to allow to continue the water program. A small bond issue could get money when the city needs it. Mayor Edel asked why push this when the bond market pattern seems heading down. Diones said a downward movement in interest rates has been seen; but the interest rates are close enough to the limits imposed to allow Council to buy time to obtain money for the balance of the $9,000,000. Councilwoman Michael said because of the urgency of the water program and the voter approval of the bOnd issue, this should go forward. For this issue, Councilwoman Michael said she would like to stay with Kirchner/Moore. City Manager Chapman said there is no question the city needs money, the question is for what term. Chapman said the city may be better off waiting; there is a source of short-term money. Diones told Council the reason for the incremental bonding is that if interest rates do come down, the city could do a refinancing. If the city uses short-term money, they will be locked into. Chapman said the city would have to pay 14 per cent for short term money, so there is better interest rates with the bonds. 3109 Regular Meeting Aspen City Council June 8, 1981 Council requested that Chapman and Diones discuss this and come back to Council with a more definitive report. SPECIAL REVIEW - Ajax Mountain Associates - Employee housing Jack Johnson, planning office, told Council they have to give special review consideration for an employee housing unit in the Ajax Mountain building - phase II at Durant and Hunter. This is located in the CC zone. The 1981 commercial GMP allotment had an application for one employee housing unit. Johnson told Council this application is before Council requesting an exception from the GMP allotment procedures and requesting that no parking requirements be imposed on this housing unit. The engineering department has no problems with eliminating the parking. The planning office notes the housing unit is in compliance with the unit submitted in the GMP application with the condition this be a two-bedroom unit. The planning office recommends this be a low income unit, the parking trade off would be a justifiable cause to recommend low. The applicant has argued for middle income unit; the P & Z recommended moderate. Mayor Edel said he felt the Council has been too lenient on income guidelines and he tends to go low income in almost every circumstance. Mayor Edel pointed out the lower level is not being met. Councilman Knecht agreed with the concept but on this particular application with 1380 square feet he would go for another income level. Rick Neiley, representing the.applicant, told Council they did not apply for the maximum commercial build out on this building. The employee unit is a good size unit, and there is a need for this size unit in the moderate income guidelines. Chapman pointed out the income guidelines for rent are based on per square foot not a fixed cost. Councilman Parry moved to approve the request for exception from the GMP allotment proced- ures for this two-bedroom employee housing unit and approval of the request that no parkin~ requirements be imposed on this housing unit subject to the following conditions: (1) deed restriction of the unit at the moderate income level guidelines and in accordance with the provisions of section 24-11.4(b) (3), to be filed of record prior to issuance of a building permit; (2) that the unit shall have two bedrooms rather than one bedroom and one study; seconded by Councilman Knecht. Mayor Edel stated the parking space necessity has been relinquished. It should be given up for something in return. That should be low income guidelines. All in favor, with the exception of Mayor Edel. Motion carried. SUBDIVISION EXCEPTION - Saliterman Johnson told Council there appears to be adequate parking at this site. In the conditions the planning office suggests there be adequate off~street parking to the south of the fourplex in the event of a sidewalk district or if the city wants to reclaim their right- of-way. Johnson reviewed his other conditions for'Council. Johnson pointed out that P&Z added the conditions that the list of improvements to the building must be completed prior to the sale of any unit; this list must be recorded to appear as a title policy exception. Councilman Collins said he would like to see this tabled until the Council can hear from the building inspector or to have the applicant defer to the recommendations. City Manager Chapman pointed out there is a procedure here, and the Council should not be making the decision. The applicant, if they feel the building inspector is wrong, can appeal to the Board of Appeals and Examiners. Kaufman said he does not agree with this. Kaufman reminded Council they and P & Z were concerned with unsafe wiring and certain kinds of problems. What has happened is that the inspections are,~getting away from the health and safety problems; for instance, one of the items on the list is to replace siding one,the exterior of the buildin~ The Council must look at what is being defined as health and safety. Kaufman said the Board of Appeals did not pass the ordinance in question and they are not aware of the intention of this ordinance. Councilman Parry moved to approve the applicant's request for subdivision exception for the purposes of condominiumization subject to the following conditions; (1) compliance with requests by the engineering department as per memo dated April 9, 1981, (2) full compliance with Section 20-22 of the Municipal Code regarding written notice to tenants offering units for sale, minimum six month restricted leases, etc. (4) provision of adeuqate off-street parking to the south of the fourplex in the event of a sidewalk improvement district or other reasons which may require abandonment of the present parking arrangement, and (3) the list of items from the building department and agreeing to comply with 6 out of 7 and take the 7th item to the Board of Appeals and go with their decision; seconded by Councilman Collins. All in favor, motion carried. Councilman Parry moved to adjourn at 9:55 p.m.; seconded by Councilman Collins. All in favor, motion carried. Kathryn ~ch, City Clerk Special Meeting Aspen City Council June 15, 1981 Mayor Edel called the special meeting to order~at 5:00 p.m. with Councilmembers Parry, Michael and Knecht present. MAROLT RANCH - Final PUD subdivision Sunny Vann, planning director, told Council this is the final set of approvals for this project. The density has been lowered and is now 100 units; therefore, there is no