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HomeMy WebLinkAboutminutes.council.19771114 ~--~ ............ ~ Aspen City Council November 14L 1977 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Standley call~d~the joint meeting to order at 12:15 p.m. with Councilmembers Berhendt, Hershey, Johnston, Parry, Van Ness, Commissioners Child, Edwards and Kinsley present. 1. Open Space Acquisition Program. Planner Bill Kane told the Boards that the open space program~h~ad been discussed for two or three years and there has been active participation Open Space in the last six months, especially by the Pitkin County Parks Association. Raymond Auger Program and Bruce Oliphant have appeared several times seeking City and County participation. This agreement presented is a comprehensive program between the City and County for acquisition of certain key properties. The Parks Association has developed a list of 15 desirable properties. The purpose is to get the different interests, Nature Conservancy, Trust for Public Lands, Pitkin County Parks Association, City and County governments,~ together in one focused program to try to use the resources in as efficient a manner as possible. The agreement presented will involved the cooperation of the Parks Association, their cooperation on the proposed land transfer tax. Kane said he wanted to revisw the agreement, which is rather complicated, and not ask for action. Some of the major provisions are (1) requires manda-~ tory cooperation on purchases of land for recreational open space or conservation purposes.I This does not bind the City and County on other purchases, such as for water plants, shopsi~ housing, etc. (2) creation of an open space advisory board with five members; 3 from PCPA and 2 county residents. This group would advise before any purchases for open space. (3) Creation of an open space fund for annual appropriations and any gifts; this fund would be~ administered by the City and County finance offices. No expenditures from the fund would be permitted without City and County approval. (4) Sets up a land management committee; once a parcel of land has been acquired, there would be a citizen board to set up a recommended management plan to work with the City and County managers to outline the appropriate uses. (5) The agreement authorizes the use of Nature Conservancy and Trust for Public Land (6) creates the position of an open space coordinator who would adminis- ter the program as part of the planning office. This will be a full time salaried position. (7) A five year plan for acquisition of land and that this be part of the annual budgetin~ process. (8) The City agrees with the Parks Association to initiate a land transfer tax. Kane pointed out that the funding assumptions are that the City does not stand in a positign to participate without the land transfer tax. This agreement provides a mechanism for funds to go in to. From the County, the funds would come from payments in lieu of taxes. County Manager Ochs explained there are two levels for management of the property; first the open space board will determine on a conceptual basis what the long term use of the property would be. Then the land management committee would work this out in detail. Commissioner Kinsley said he would like to look at the membership of the advisory board, which is 3 members of PCPA and 2 County residents. Kinsley pointed out that this would create a majority of a relatively narrow group of people from the community. The PCPA people are essential and valuable, but they would be controlling the direction of a board with a great deal of authority. Kinsley proposed to change the membership of the board so there is not a majority of PCPA people. County Attorney Stuller had recommended that the board be enlarged to seven members and have five of the members nominated by PCPA. Councilwoman Johnston pointed out that the PCPA actually got going on the land acquisitionll program; they have a true interest in acquiring open space. Councilman Hershey asked about the position of the open space coordinator. Kane answered his attitude about the position is that it should not be authorized or created until there. is a land transfer tax. Mayor Standley pointed out that perhaps an open space acquisitionlI district ought to be set up, using basically these guidelines. The members of this dis- trict would be approved by the voters; it would be total representation of the community and would be responsible to the voters. Kinsley said he was generally opposed to prolif- eration of new districts. Kinsley said he felt that the City and County should get nailed if something goes wrong. Commissioner Child said he felt it was very important that the membership of this board come from all segments of the community. Commissioner Kinsley moved that the composition of the advisory board be seven members, three of those members by PCPA members; all members are appointed by a ma~jority of City Council and County Commissioners; seconded by Councilman Behrendt. Bruce Oliphant, PCPA, told the boards that the PCPA had between 130 and 200 members and 20 directors that are very versatile with wide-spread interests. Oliphant said he would like to see the PCPA keep the majority on the advisory board, as this advisory board could! be easily over-ruled by the governmental bodies. Oliphant said since this agreement was drawn up, the PCPA has been working with the AVIA as another group interested in land acquisition. There will be a joint AVIA/PCPA land acquisition committee. This will sprea~ the suggested number of people to be appointed from a much larger group. Raymond Auger said the group is not being limited to AVIA and PCPA. One of the major functions of thesell groups will be to develop gift monies. The group will also look at the question of the exact language of the land transfer tax. Mayor Standley said this is a discussion item and a work session should be scheduled to go over all the specific elements of this agreement and work them out. Commissioner Kinsl~y withdrew his motion. The joint work session was scheduled for Tuesday, November 29, at 5:00 p.m. in the City Council Chambers. 2. COG- Capital Im~.rov. ement Priority List. Mayor Standley said this priority list had to be presented to COG on November 22ndo Brian Stafford, H. J. Stalf, and City Manager Priority List Mahoney were to use the priority lists presented and give a joint recommendation to Mayor COG Standley and Commissioner Child to take to COG. Highway 82 Improv. List 3. Highway Improvement List. Mayor Standtey said this joint list also had to be presented to COG on the 22nd. The Commissioners and Council had submitted a list. There will be a presentation by the highway department in Grand Junction. Commissioner Kinsley suggested giving the County's list to George Ochs to summarize the priorities. Ochs said the County's priorities would be a bicycle bridge on Maroon Creek so that bicycles would not have to compete with automobile traffic; a completed alternative analysis of UMTA study and ask for preliminary engineering for a busway out to the airport. Commissioner Child said he would like to see the Phillips curve on Highway 82 straightened out. Mayor Standley said the City's priorities were (1} the reconstruction of highway 82 between Castle Creek and Aspen Village, and (2) a state highway bicycle~path system. Mayor Standley asked Ochs and City Manager Mahoney to put together the highway priority request list to be ~aken to COG. rEcono. Develop. 4. A-95 Review. Economic Development Planning Program. Brian Stafford said he had Plan requested additional information concerning this application for $105,000. Stafford maintained this is a very good program. It has been narrowed to five programs, basically to identify issues, formulate goals, inventory state development techniques, define economic planning data, develop economic impact analysis methods, and planning coordina- tion. Stafford sees the grant as taking three or four programs currently enacted under a number of different departments and putting them all under the Department of Local Affairs. Mayor Standley said this whole grant application was a t~avesty, is a waste of money, and is nothing but bureaucracy and make work at the state level. Councilman Behrendt moved to forward with unfavorable comment; seconded by Commissioner Kins!ey. Councilwoman Johnston pointed out that whenever the City and County apply for grants they have to go through the Division of Planning. Councilwoman Johnston said she felt the City and County would be better off saying, "no comment". Mayor Standley said he felt this was a put on: the state is spending money just because it is available. All in favor, with the exception of Councilwoman Johnston. Motion carried. 5. Citizen Participation. Raymond Auger brought up the acquisition of the Randall property. There will be no Randall acquisit- City funds ~nvolved, but the Council should be aware of the time framework. The Pitkin ion County Parks Association has an option on this property which is up December 1st. Mayor Standley pointed out this had been discussed by the Council, and they had indica- ted they had no interest in the Randall property. Auger stated the assumption in land acquisition was that the City and County will be at least involved in joint discussions. Bruce Oliphant pointed out that if_there is a land acquisition going on, it is nice to let everyone know so that the plans do not get mixed up. Oliphant said it is important that everyone goes in the same direction. COUNCIL MEETING MINUTES Councilman Parry moved to approve the minutes of the October 24, 1977, Council meeting; seconded by Councilman Hershey. All in favor, motion carried. ACCOUNTS PAYABLE Accounts Payable Councilman Behrendt moved to approve the accounts payable; seconded bY councilman Parry. councilwoman Johnston asked if the finance director and City Manager were satisfied that things were going as budgeted and there were no trouble areas. Ms. Butterbaugh said that all departments were doing quite well, and she was satisfied. All-in favor, motion carried. CITIZEN PARTICIPATION Rugby Team 1. Billie Tomb, president of the Aspen Rugby Club, thanked the City Council for their support of the Rugby team's trip to England. Tomb presented the Council with mugs and ashtrays from the County Council of Nottinghamshire. Tomb told Council that the rugby team presented the Nottinghamshire Council with the Colorado flag. Tomb presented the City Council with a plaque from the Nottinghamshire Council. Tomb told Council that the rugby team had learned a lot in England and had, surprisingly, acted like the Gentlemen of Aspen. COUNCILMEMBER COMMENTS Plum Tree Pool 1. Councilman Behrendt brought up the Plum Tree Inn fence around the swimming pool. fence Councilman Behrendt questioned if the City should be making any improvements whatsoever on the property. City Manager Mahoney said the staff had searched the lease to find specifically who was in charge of the swimming pool and could not find it. The City has been getting reoeated letters from the insurance company that if this problem is i ~ not corrected, they will stop the policy. Mayor Standley stated the Plum Tree charges for the pool, they make the money off it, they are running all the facilities out there ~ ~ except the golf course. Councilman Behrendt said he felt it was inappropriate for the City to be spending any money whatsoever to improve the leasehold. In-house labor is money. Councilman Behrendt said he would like to have a general policy that the City does not improve the leasehold. Mayor Standley said the Plum Tree must improve it if it zs required by the insurance company. 14, 1977 Councilman Behrendt said he would like a catch up summary of the revenues from the finance department for the Plum Tree Inn. Councilman Van Ness said he would like to look at the entire lease. Councilman Parry stated if the City wants the places to look ni~'and k~t'up to par, and the City has people who can help do it, then it should be done. Mayor Standley said he felt the fence was the responsibility of the Plum Tree. Councilman Van Ness said he would like the benefit of City Attorney Nuttall looking at the lease and letting Council look at the lease before any long term policy decisions are made. 2. Councilman Van Ness said he would like to have the Council meetings changed back to Change in time night meetings or late afternoon meetings, for meetings Councilman Van Ness moved to put this on the agenda; seconded by Councilwoman Johnston. Ail in ~a~6r, motion carried. Councilman Van Ness moved to start the regular meetings at 5 p.m. and the joint meetings at 4 p.m.; seconded by Councilman Hershey. Councilman Behrendt said he preferred day meetings as he felt the quality of work done is somewhat better during the day meetings. Mayor Standley said he felt the Council got better input from the staff during day meetings. Councilman Van Ness withdrew his motion. This is to be put on the next Council agenda. 3. Councilman Van Ness said he had been getting con~ents about Mill street and its congestion. Councilman Van Ness said he favored a shortcut through Spring street and Mill Street asked,~that the status of a cheap road through there was. City Manager Mahoney said he planned to sign Mill street, "no parking". This will probably cause problems. Mahoney said he was going to wait to see how the playing fields settled before he did anything. Councilman Parry said he had the same comment. 4. Councilman ~tershey suggested opening up negotiations with other organizations in town Transportation to get into a joint transportation facility. The City should talk to Snowmass, Highlands, the Ski Corp and get involved in trying to put transportation on some sort of a revenue making basis. 5. Councilwoman Johnston requested that the administration look into enforcing covers Swimming Pool on swimming pools. Councilwoman Johnston pointed out that nationally the government is going against gas lamps The City backed down on doing anything about this because it Covers was supposed to become a state law. 6. Councilwoman Johnston said she would like status reports on two things. (i) What is Ambulance happening with the ambulance purchase. City Manager Mahoney said this did not come through the budget, so it was dropped. Finance Director Butterbaugh said that the hospital is attempting to locate an appraiser to put a dollar value on this. The staff would like to come back to Council with a firm figure. 7. Councilwoman Johnston asked for a status report on the Ice Palace. Councilman Behrendt told Council that this will be put on an early December P & Z meeting and all Ice Palace the neighbors will be notified. 8. Mayor Standley pointed out that t~e City had spent a lot of professional staff time and money on Triangle Park. The neighborhood got embroiled and had many meetings with Triangle Park Council. There was no park for children in she west end. The City heard nothing from the School District. Now both the elementary and middle school have built two children's park bigger and better than the City's. The point is that where there were no parks, there are now three. The City has to establish better communications with the school system. BOAT TOW~ LOAN TO USSA Boat Tow Mayor Standley had submitted two letters %o Council about this. The USSA is preparing a major display on skiing in Aspen to be in Vail and to be up from Thanksgiving until the end of February. The USSA wants to borrow the boat tow as a feature of this display and they will assume full responsibility for the tow and for the transportation. Ramon~4~rkalunas told Council she had been working with Symington on the Aspen skiing exhibit and had furnished them with a great many photographs of Aspen's entire skiing history. Mrs. Markalunas said she would not like to see the City lend the boat tow to anyone. This boat tow should be put in a permanent shelter to be maintained by this area. City Manager A{ahoney told Council he had gone to HPC to get approval for a perma- nent structure~ and did get the building permit. The City is going to use the old bus stop from the Rio Grande to cover the boat tow. Mayor Standley said he felt this would be good PR for Aspen. Mayor Standley said that the City's should be the second one, not the first one. Steve Knowlton has one that he could'lend. Mary Barbee, Aspen ~iistorical Society, told Council that the museum has several'ski rooms and over 5,000 people visit ~he museum. These people that visit the museum do go an view the boat tow as part of historic transportation. Mrs. Barbee said s~e fet-t it was i~portant to leave the boat tow wh~re it is. Councilman Van Ness moved that the City keep the boat tow here as it is important part of Aspen's history; seconded by Councilman Hershey. All in favor, motion carried. Councilwoman Johnston asked that the letter to Symington be positive and explain the reasons why the Council would like the tow left here. Mayor Standley asked Councilwoman Johnston to write the letter to Symington. ~ ~x~y uouncl± November 14, 1977 Municipal Judge APPOINTMENT OF MUNICIPAL JUDGE Councilman Hershey moved to nominate Tam Scott for reappointment as Municipal Court Judge; seconded by Councilman Van Ness. All in favor, motion carried. I APPOINTMENT OF AUDITORS ~Auditor s Mayor Standley told the Council that he, Councilmembers Van Ness and Hershey and finance director Butterbaugh interviewed eight audit firms. Mayor Standley had sent a letter to Council outlining the firms backgrounds and the reasons they chose the firm they did. The committee selected Schneider and Shuster. Councilman Behrendt moved to appoint Schneider and Shuster as auditors for the coming year; seconded by Councilman Wishart. All in favor, motion carried. Ord #48 GMP ORDINANCE ~48, SERIES OF 1977 - Growth Management Mayor Standley said that the public hearing on this has been closed. The Council held a work session and requested specific changes. These are (1) to exempts the maximum of 20 employee units, (2) recommendation that for 1977 and 1978 the permits go under different application dates with the commercial permits being approved as 77 and 78, since there was significant differences in the two; all the other permits be grouped together, (3) a memorandum from Bill Kane regarding the timing of the other applications so they will be approved or disapproved early enough so that applicants can get their plans done. These requested changes are outlined an a memorandum from County Attorney Stuller to the Council dated November 9, 1977. Kane said the record for this ordinance was made at the October 11, 1977 meeting. There was a ~oint work session on October 25 where these points were elaborated. Councilman Hershey had raised a question about exemptions for governmental projects. The ordinance has been amended to exclude housing. Councilman Parry asked about dividing land. Kane proposed to come back and amend this at a later date to exclude lot splits - that would be subdivision involving two lots or less. Councilwoman Johnston moved to read Ordinance ~48, Series of 1977; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #48 (Series of 1977) ~ ! AN ORDINANCE AMENDING THE ASPEN ZONING CODE BY THE ADDITION OF ARTICLE X ~ i THERETO ENTITLED "GROWTH U~ANAGEMENT QUOTA SYSTEM" PROVIDING A SYSTEM i FOR THE ALLOCATION OF BUILDING PERMITS FOR RESIDENTIAL, LODGE AND COMMERCIAL ~'~ AND OFFICE STRUCTURES ACCORDING TO PREESTABLISHED QUOTAS AND APPLICATION REVIEW PROCEDURES, ALL AS PROVIDED HEREIN was read by the city clerk Councilwoman Johnston moved to adopt Ordinance #48, Series of 1977, on second reading; seconded by Councilman Wishart. Councilman Van Ness said that basically the City ~s getting a 1.3 per cent growth rate; the County is getting 4 per cent. Councilman Van Ness sald he could live with a 3.4 or 4 per cent. Councilman Van Ness said the City is ~=~fectively 80 to 90 per cent built out; there is simply no need for getting into all this. Councilman Parry said his problem with this was that by having a conm]lttee decide on what colors building would be, there would be blues and greens for a period of years, etc. Councilman Parry said he felt there would be the same thing when the City starts to give points out for architecture. Councilman Parry agreed with Councilman Van Ness that this is 3ust another bureaucratic thing to increase costs. Councilman Parry stated he is against this. Councilman Hershey said he would vote no for the reasons stated by some of his colleagues. Councilman Hershey stated the City had enough strong zoning ordinances. Councilman Wiskart said admittedly there may only be 10 to 15 per cent of the town to build on, but without very strong controls what the City could get might be horrendous. Councilman Wishart said he was afraid that ~s what would happen. Roll call vote; Councilmembers Behrendt, aye; Hershey, nay; Johnston, aye; Parry, nay; Van Ness, nay; Wishart, aye; Mayor Standley, aye. Motion carried. LIQUOR LICENSE RENEWALS Liquor License Renewals Sanitarian Tom Dunlop asked that Council approve Toro's conditioned upon his okay for some minor health problems. Councilman Behrendt moved to approve the renewals for Crystal Palace, Grog Shop, Of Grape and Grain, Cooper Street Pier, and Tom's Market; seconded by Councilman Herhsey. Ail in favor, motion carried. Councilwoman Johnston moved to approve Toro's liquor license renewal conditioned upon satisfaction of the sanitarian's approval; seconded by Councilman Behrendt. All in favor, motion carried. Regular Meeting Aspen City Council November l~, ~zz CASEY'S OF ASPEN Casey's Mayor Standley pointed out that there are memoranda in the packet from the building depart- ment and the sanitarian. Ashley Anderson, representing Casey White, told Council they had done several things since the last meeting. They have improved the menu; Anderson stated they were willing to stipulate that the liquor license be conditioned upon the menu being essentially as presented. New plans have been drawn up by a local architect. Anderson had taken Council on a site inspection of the premises. Andy Hecht told Council they would limit the occupancy so that all people will be or could be seated. Anderson said the only change they envision was to eliminate the dancing and expand the restaurant if the demand called for it. Councilwoman Johnston said if there was no food service on the first floor and no elevator to the second floor, this would be discriminating against handicapped people. Anderson answered there would be food service available on the ~rst floor. Mayor Standley said he was concerned about having a three story bar; that 600 square feet is more than a mezzanine. Hecht said they were willing to give assurances that this would not be a three story bar. Mayor Standley said the building still has three stories and he objects to calling one of these a mezzanine so that they do not have to put in an elevator. Hecht said they would comply with the building codes. Casey White explained the two types of broilers used in kitchen. Dunlop told Council he could not restrict the types of equipment put ins but could require proper ventilation. Dunlop said he would rather not have the type of broiler where the fat drops onto the brickets. With either type there will be some emission generated. Councilwoman Johnston asked if Dunlop was satisfied with what White has proposed. Dunlop said he felt he had all the control he needed. Anderson told Council that the existing exit from the third floor will have to be changed. Mayor Standley pointed out that for four years the Council has been trying to control growth in Aspen. One consideration for liquor licenses is that the needs of the neigh- borhood for additional licenses has not been me~. Mayor Standley said he did not think the petitions prove in any way there is demand for another three-way liquor license. Over the last year the Council has issued four 3-way license, 4 2-way licenses and various transfers. Mayor Standley said in no way did he see needs for additional liquor licenses. In the past people operated a restaurant for a year before applying for a license to demonstrate their concern about having a restaurant. Mayor Standley said there was a lack of depth shown in recent liquor license applications and a lack of concern on the part of the Council. Mayor Standley said the .applicant indicated they would limit ~he occupancy to 140; the Council should put very strong restrictions on this and the license ~s ~n jeopardy if the City finds there are more people than that. Mayor Standley read a comment into the record from Brian Harper, manager of the condominium across the alley, stating the residents were very opposed to loud music coming from Casey's. Councilman Wishart stated that as long as he had been on Council, they had treated liquor licenses as an open thing, let the market place decide what happens. Councilman Wishart pointed out that if the Council stopped and said the needs of the neighborhood have been met, the City is placing an unfair value on the licenses that have been issued in the last two years. Councilman Wishart said in good conscience the Council cannot change right now.. Councilwoman Johnston said if the Council contemplated changing policy, it is not appropriate to do it during a particular license hearing. Councilwoman Johnston pointed out that the Courts have determined that the needs of the neighborhood in a resort commun- ity are different because the needs of the neighborhood include all the tourists. Councilwoman Johnston moved that the needs of the neighborhood and the desires of the inhabitants have not been met, and that the applicant has proven good moral and financial character, therefore the City Council approve the application for a three-way liquor license for Casey's of Aspen conditioned upon (1) HPC approval be obtained, if it is not already, (2) food service be available on the first floor so that handicapped people can use it, (3) if there is any valid complaint of notice of noise, that the matter come back to Council for review, (4) plans will be stipulated to as presented, (5) in case of sale or change of. the business or in character, Council must approve, and (6) an occupancy limit of 190; seconded by Councilman Wishart. All in favor, with the exception of Mayor Standley and Councilman Hershey. Motion carried. REQUEST FOR EXPANSION OF PREMISES - Ute City Banque Ute City 18E Councilman Parry moved to approve the expansion for the Ute City Banque; seconded by Councilman Behrendt. All in favor, motion carried. APPLICATION FOR A BEER & WINE LICENSE Sub Shoppe Sub Shoppe 2 way apple Mayor Standley opened the public hearing. City clerk reported that the file, posting and publication were in order. Tim Cottrell, owner of the Sub Shoppe, told Council he had owned the Sub Shoppe since 1973 and had had a 3.2 beer license since November 1974. The license was granted with three stipulations, (1) no live music, (2) no electronic games, and (3) no dancing. Cottrell said he had complied with these stipulations. Cottrell said at the time he had obtained a 3.2 beer license he felt it would be practical. He has come to two realizations, (1) 18 year olds do not appear to care about drinking beer in a restaurant. They are more likely to buy beer at Tom's or City Market. (2) There is a stigma against 3.2 beer. Cottrell said he thought they would have many younger people in there, and they have not. Cottrell stated there would be no menu change nor any change in seating capacity. This beer and wine license is strictly a customer convenience. November 14, 1977 Cottrell told Council he felt there was a need for a 3.2 beer place such as the Brass Bed used to be, if it were run correctly. Cottrell stated it was not worthwhile to his establishment as it stands. Mayor Standley asked for opponents. There were none. Mayor Standtey closed the public hearing. Councilwoman Johnston moved to approve the application for a beer and wine license for CDC Inc., as the needs of the neighborhood and desires of the inhabitants have not been met, and the moral and financial character of the applicant has been proven good; should the business sell, the same type of operation should be conducted; seconded by Councilman Parry. All in favor, motion carried. PURCHASE AND SALE - Buster McGee's Buster McGee's Jolly Jester Lennie Oates, representing the applicants, told Council the theme will be an Italian restaurant and the maitre'd and bartender will do magic tricks. The stockholders will be Rob Roy and Loyce Swift as joint tenants and Robert and June Sheets as joint tenants. Councilwoman Johnston moved that the City Council approve the application for a three- awayn~ restaurant license for the Jolly Jester, Inc. that the needs of the neighborhood the desires of the inhabitants have been shown; should there be a sale of the premises that the same type of operation be done, or they return to Council for approval of the type of operation; seconded by Councilman Parry. Oates explained to Council that this is a transfer of stock, and the Sheets and Swifts are acquiring Aspen International Restaurant, Inc. The Sheets and Swifts intend to dissolve the corporation and form the Jolly Jester, Inc. in January of 1978. Oate$ objected to insistance on part of the Council that it maintain the character of the operation. Council- woman Johnston told Oates that as the premises is a licensed operation, Council can specify the character and the use. Oates withdrew his object,on. All in favor, motion carried. Aspen Steak Co. STOCK TRANSFER/PURCHASE & SALE/18-E - Aspen Steak Company/Hyman Street Deli Put. and Sale 18-E Tom Dunlop, Sanitarian, told Council that the Aspen Steak Company has had existing conditions that have not been corrected and have had some of these since 1976. Dunlop asked that this license approval be conditioned on having the establishment brought into compliance. Peter Brown told Council that an existing door between the two premises would be opened up so they would be contiguous. It was pointed out that the Aspen Steak Company had started remodelling without a building permit. This has since been obtained. Councilwoman Johnston moved that Council approve the application of PEJO, Inc. d/b/a/ Aspen Steak Company for a stock transfer and extension of a three-way into Hyman Street Deli conditioned upon final approval of the building inspector and final approval of Tom Dunlop before signature of Mayor Standley; if there is any sale or change in the operation, it resurns to Council; seconded by Councilma~ Parry. All in favor, motion carried. Mayor Standley said the City is gettin~ a bunch of marginal operations that cannot make it and resulting in too many transfers and turn offs. The Council is perpetrating marginal operations by letting anyone get into it. Councilwoman Johnston pointed out these people are businessmen who read the market, and if they want to take the risk and think they can do better than someone else, that's their chance. Mayor Standley said the reason that Dunlop, the Sanitarian, is having so much ~rouble is that these operations are not making enough money to do the upgrade work that is required. Councilman Hershey said he would like to see an economic study on what the City needs in the way of liquor licenses and restaurants. Mayor Standley said the Council, as local licensing authority, can say that the demands have been met, that the applicant has not proved to the satisfaction of the licensing authority that demand has not been met in the City of Aspen and deny the liquor license. Ulrych/Eagle/City SUBDIVISION EXEMPTION - Ulrych/Eagle's/City subdv, exempt. Planner Bill Kane told Council this is a request for a conveyance of 22,276 square feet of City owned land to Andre Ulrych, who will in turn use the same to construct an Eagle's Club. The planning office submits there would be no purpose served by going through full subdivision in that most of the planning concerns for the site have been addressed through the SPA master plan. The planning office recommends that Council approve this exemption. Kane had a survey and a description, which would be on the quit claim deed for the Mayor's signature a5 the time of conveyance. This is all pinned on the final plat approval; the City will pick up 2.2 acres, land will go to the Eagle's and the rest will become an official subdivision. Councilwoman Johnston said she felt this was awfully patchwork. Kane said actually this has been methodically thought out, although there have been problems brought on by unclear i title on portions of the land. The creation of the lot to relocate the Eagle's is a subdivision activity; the planning office is asking that Council exempt the creation of the lot from subdivision. The argument is that the planning for the lot has been taken care care through the master planning for the Rio Grande as a whole. Councilwoman Johnston asked if this violated the growth management plan. Kane answered technically not because it was happening in a zoning district that is not regulated by the GMP. Councilman Behrendt moved to approve the subdivision exemption; seconded by Councilman Parry. All in favor, motion carried. Moore Subdv. SUBDIVISION EXEMPTION - Moore Duplex Exempt. Kane told Council this is a request for a subdivision exemption to handle condominiumization~ Regular Meeting Aspen City Councl± of a structure. There were two concerns voiced by the P & Z. There had been an extra unit in the basement. The building department investigated this. There is a November 14 memorandum from Roger Hokenstad who inspected the building. There was a court order to remove the third unit. Clayton Meyring, building inspector, found that ali things had been dealt with except the 220 electricity. The planning office recommends that Council approve the subdivision exemption subject to the three standard criteria, (1) six month minimum lease, (2) 90 day first right of refusal, and (3) and payment of the park dedica- ~ tion fee, and that prior to recording the 220 service be removed. Councilman Behrendt moved to approve the subdivision exemption with the three standard conditions as listed and that the 220 be removed; seconded by Councilman Van Ness. All in favor, with the exception of Councilman Hershey. Motion carried. SUBDIVISION EXEMPTION - Heller Triplex Heller Subdv. Kane explained to Council this is a three unit triplex on the corner of Waters and West Exempt. End. City Engineer Dave Ellis inspected the site and found the sidewalk non-existent and asked they install a sidewalk. The planning office recommends approval of the subdivision exemption with six month minimum lease restriction, 90 day right of first refusal, and payment of park dedication fees, and satisfaction of the City Engineer's requirement to install a sidewalk. Kane told Council that all units were about the same size, 800 square feet. Gideon Kaufman, representing Heller, told C~uncil that upon inspection of the premises, it shows that no one has sidewalks within two blocks of the place. Kaufman suggesting joining a sidewalk improvement district and not putting in a sidewalk until other people do. Councilwoman Johnston moved to approve the subdivision exemption with the four donditions as outlined; seconded by Councilman Hershey. Councilman Van Ness stated he had never seen anything beneficial about sidewalks in a residential area. Cement pavements is inconsistent with what Council stands for. Council- woman Johnston withdrew the condition for sidewalks from her motion. City Engineer Ellis told Council that generally he has not asked for sidewalks where there are none or where it does not appear to be likely in the future. This is a very high density area, and the sidewalk is approved on the sidewalk plan approved in 1975. All in favor, with the exception of Councilman Behrendt. Motion carried. SUBDIVISION EXEMPTION - Carter Duplex Carter Subdv. Kane told Council this Duplex is located at 729 West Francis. The planning office Exempt. recommends approval with the three standard conditions; six month rental restriction, ~ 90 day right of first refusal, and payment of the park dedication fee. Councilwoman Johnston moved to approve the subdivision exemption with the conditions as outlined; seconded by Councilman Hershey. All in favor, motion carried. PUBLIC HEARING - Use of Revenue Sharing Funds Revenue Sharing Funds Mayor Standley opened the public hearing. Councilwoman Johnston pointed out that the Federal Government will accept a mid-census figure, which is being done now, and which may enlarge Aspen's revenue sharing funds. Mayor Standley told Council it is a Federal requirement to have a public hearing on the use of revenue sharing funds, which are a part of the City's budget. Mayor Standley closed the public hearing. ORDINANCE ~54, SERIES OF 1977 - Rio Grande SPA rezoning Ord. a54 Rio Grande SPA Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilman Van Ness moved to read Ordinance ~54, Series of 1977; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~54 (Series of 1977) AN ORDINANCE REZONING THE APPROXIMATELY 11.50 ACRES OF LAND OWNED BY THE CITY OF ASPEN AND KNOWN AS THE "RIO GRANDE" PROPERTY, ACCORDING TO AN APPROVED SPECIALLY PLANNED AREA MASTER PLAN FOR THE SITE, THE ELEMENTS OF WHICH MASTER PLAN WILL CONSTITUTE THE DEVELOPMENT REGULATIONS FOR THE AREA ALL AS PROVIDED BY ARTICLE VII OF C~APTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk Councilwoman Johnston moved to adopt Ordinance #54, Series of 1977, on second reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; Hershey, aye; Johnston, aye; Parry, aye; Van Ness, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~56, SERIES OF 1977 - Water Main Extension Outside City Limits Ord. ~56 Water extension Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Aspen City Council November__14, 1977 Councilman Behrendt moved to read Ordinance $56, Series of 1977; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE ~56 (Series of 1977) AN ORDINANCE APPROVING A WATER MAIN EXTENSION OUTSIDE THE ASPEN CITY LIMITS AND LOCATED IN THE VICINITY OF THE MAROON CREEK ROAD AND THE ASPEN HIGH SCHOOL was read by the city clerk Councilwoman Johnston moved to adopt Ordinance #56, Series of 1977, on second reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Van Ness, aye; Parry, aye; Hershey, aye; Johnston, aye; Behrendt, aye; Wishart, aye; Mayor Standley, aye. Motion carried. Ord ~57 Mall ORDINANCE #57, SERIES OF 1977 - Establishing a Mall Commission Commission Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilwoman Johnston moved to read Ordinance ~57, Series of 1977; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE ~57 (Series of 1977) AN ORDINANCE ESTABLISHING A TEMPORARY MALL COMMISSION PENDING THE FINAL DISPOSITION OF THE MALL OR DECEMBER 31, 1980, WHICHEVER OCCURS FIRST; DESCRIBING THE COMPOSITION, TERM AND QUALIFICATIONS OF COMMISSION MEMBERS; THEIR POWERS AND DUTIES; PROVIDING FOR APPEALS BY PERSONS AGGRIEVED BY ACTIONS OF THE MALL COMMISSION; AND ESTABLISHING RULES OF PROCEDURE TO BE FOLLOWED BY THE MALL COMMISSION IN EXERCISING ITS FUNCTIONS was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance #57, Series of 1977, on second reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Wishart, aye; Van Ness, aye; Parry, aye; Johnston, aye; Hershey, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. CITY MANAGER : .Marolt Prop. 1. Marolt Property. City Manager Mahoney told Council he had had an appraisal done on the Marolt property~ which will come into about $1,000,000. There are several ways to go to purchase this property; one proposed by the PCPA, real estate transfer tax; go jointly with the County. Mahoney proposed that the Council, representing ownership of the property, could raise the downpayment of $300,000 by selling certain properties that the City has that are not really doing the City any good. Mahoney showed Council where some of the properties were, surrounding the golf course. The engineering department identified some of the properties owned by the City. There is also land over by the Rio Grande property. Mahoney said if the Council were interested, he would have the staff pursue selling land the City does not need. Mahoney told Council the Marolt property was selling for $18,000 an acre, a total of 55 acres. The property is located between the Thomas property and Castle Creek. The Marolt property is very valuable in a trade system ~n the County, and is a very key piece of property. Councilwo~n Johnston asked if the intention were that the land remain as it is except for trails. Mahoney said he was asking if Council were interested ~n pursuing the purchase of the Marolt property, and then if so, were they interested in this mechanism for raising the down payment. Mahoney said the staff is proposing the Marolt property is trails, open space, riverfront. Mahoney said after the down payment is made, the City will have to come up with terms out of park dedication money or sixth penny money. There is no way to purchase this property right now without some additional revenues. Councilman Behrendt said if the Council decides the Marolt property is the one to go for, this seems like an appropriate mechanism. Councilman Behrendt said he did not want to take any property out of the body of the golf course. Mayor Standley said staff was asking for an acquisition plan and a review and assessment of what is considered surplus City property as a financing mechanism. Is Council interested. Councilwoman Johnston pointed out that talk has been started about a 3oint agreement policy with the County, and that the County has been looking at the Marolt property. The City should tell the County what is going on or work in conjunction. Councilman Hershey said he had no problem approaching this method, but would like to see how this will be financed, what the debt service, where tbs money is coming from. Councilwoman Johnston asked for an inventory of City owned property. Councilmembers indicated they were interested in having Mahoney pursue looking at surplus land and affixing values to them as a mechanism to the City's land acquisition program. 2. Andre's pro~ert~. Mahoney submitted to Council a memorandum on Andre Ulrych's Andre prop. subdivision proposal. The staff has not had time to do work on it. Ulrych needs to get on with this. The construction plans and financing are all tied together. Mahoney asked Council have a special meeting Monday, November 21st to discuss plans and final approval. Council has to get recommendations from engineering, planning and the legal department about the technality of the whole subdivision being put together. The meeting was set for November 21st at noon. Regular Meeting Aspen ~lty uounu~ ............. . __. ORDINANCE ~58, SERIES OF 1977 Coffee Shop as condition use mn C-1 zone Ord. ~58 Coffee Shop Mayor Standley explained that what planning wants is an expansion of the C-1 district use to include coffee shops. This was to be for a specific pro]ect; that project has been scrapped. Kane told Council that the planning office still thinks coffee shops are an appropriate use in the C-1 district. Councilman Parry moved to read Ordinance ~58, Series of 1977; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE ~58 Series of 1977) AN ORDINANCE AMENDING SEC. 24-3.2 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN ADDING AS A CONDITIONAL USE IN THE C-1 DISTRICT, CERTAIN LIMITED FOOD SERVICES was read by the city clerk. Councilman Parry moved to adopt Ordinance ~58, Series of 1977, on first reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Behrendt, aye; Hershey, aye; Johnston, aye; Wishart, aye; Van Ness, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~59, SERIES OF 1977 - Independence Subdivision Rezoning Ord. ~59 Independence Kane told Council this request is to rezone lots 4, 5, and 6 of Independence subdivision. Subdv. In April 1975 when the entire City was rezoned, ~the property on the east side of the river was all zoned R-6, with the exception of Independence subdivision, which was held out as R-15. The reasoning for the 1975 downzoning was that most areas were zoned to use. The three lots are owned by Mead Metcalf. The planning office recommended against this before P & Z because they felt that this was not a suitable area for increased density due to the fact that there will never be vehicular access across Hopkins. The street network is very inadequate with basically no ability to lmprove the street networkl Also, this would precipitate a rezoning request by Walter Mueller who owns land also in the Independence subdivision. At the second hearing, Bob Hughes and Jack Walls, representing Metcalf, made a lengthy presentation of what they wanted to do. The proposal is to remove one single family house and replace it with a duplex to be used for the Crystal Palace for employee housing. Another mitigating fact was when the planning office analyzed Mueller's land, discovered two large ponds. The zoning code does not permit a density calculation for land under water. Even if Mueller's land is rezoned R-6, much of it is subject to the flood plain or is subject to land under the ponds, and therefore, would not be creditable towards density anyway. P & Z's recommendation is to rezone the property R-6. Before Metcalf can construct he will have to come back under PUD. Council can then enter into any kind of an agreement to deed restrict those units to long term leases for employee housing. Councilman Behrendt said the Council had seen this happen two years ago, where the only way to get something through is to call it employee housing. Metcalf does have a fine record of housing his people. The problem ~s he does not have to continue to own this. The City is rezoning so that Metcalf can put another house on the site, but then he is entitled to sell it. The City has added density under the name of employee housing. Councilman Parry stated the City and County are trymng to do employee housing, yet when ever the private sector tries to do employee housing, it is killed. Councilman Behrendt asked if Metcalf would be willing to stipulate that this property shall eternally remain employee housing at controlled, prescribed rates; or does he just want a windfall profit. Councilwoman Johnston pointed out they could give a right of first refusal to the City. Bob Hughes told Council they were amenable to a lot of latitude. There is a basis for exploring what can be done. Metcalf is trying to accommo- date employee housing and a's long as he is in Pitkin County that is what he will do. Councilwoman Johnston moved to table this until the City Attorney is back and Council can get a better handle on what the situation is; seconded by Councilman Wishart. Mayor Standley said Council is really defining a PMH R-6, not a simple R-6. Mayor Standley said given some constraints, he ~s willing to make density bonuses. Without those constraints, he is not interested. Kane said he would meet with Metcalf and explain the right of first refusal and the program Goodheim set up, and find out if Metcalf is willing ato agree with this. All in favor, motion carried. ORDINANCE ~60, SERIES OF 1977 - Anti-discrimination Ord ~60 Anti discrimin. Mayor Standley pointed out that the City Attorney had submitted a memorandum. This ordinance is being drafted at the request of Ralph Brendes. Councilwoman Johnston moved to read Ordinance ~60, Series of 1977; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE =60 (Series of 1977) AN ORDINANCE AMENDING THE ASPEN MUNICIPAL CODE BY THE ADDITION OF SECTION 13-98 TO CHAPTER 13 OF SAID CODE PROHIBITING DISCRIMINATORY PRACTICES RELATING TO EMPLOYMENT, HOUSING, AND PUBLIC SERVICES AND ACCOMMODATIONS AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATION THEREOF was read by the city clerk. 2313 Regular Meeting Aspen City Council November 14, 1977 Councilwoman Johnston moved'to adopt on first reading Ordinance #60, ~eries of 1977; seconded by Councilman Parry. Councilwoman Johnston asked that if place of residence is included, would that do anything to-the Council's appointments to Boards and Commissions. Councilman Behrendt said he would like to check that out with the City Attorney. Councilman Van Ness said he felt very uncomfortable without Ms. Nuttall's opinion. Ralph Brendes explained that place of residence is in there because this was drafted after a Washington D.C. ordinance. Roll call vote; Councilmembers Johnston, aye; Hershey, aye; Behrendt, aye; Parry, aye; Van Ness, no vote; Wishart, aye; Mayor Standley, aye. Motion carried. Councilman Van Ness explained that the nature of his objection was that he would like to talk to the City Attorney about this ordinance. Hodges Water WATER EASEMENT TO HODGES Easement City Engineer Ellis explained that this is a relocation agreement for a water line constructed in 1966 by the City. The agreement provides the City will pay up to one- third of the relocation costs up to s1300. Hodges will grant the City a new easement. Councilwoman Johnston said she would feel more comfortable if the City already had the easement. Mayor Standley pointed out that the agreement as drafted by the City Attorney states that Hodges will give the City the easement. Also the City has the right of eminent domain. Councilman Parry moved to authorize Mayor Standley to enter into the agreement; seconded by Councilman Van Ness. All in favor~,with~.%he exception of Councilwoman Johnston, motion carried. Councilman Hershey moved to adjourn at 4:30 p.m.; seconded by Councilman Parry. All in favor, motion carried. ~~au~t e:,~~erk