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HomeMy WebLinkAboutminutes.council.19860811Re a ar M et' A 't u c' A st 1 1986 JOINT MEETING~nTITH COUNTY COMMISSIONERS Mayor Stirling called the meeting to order at 4:05 p.m. with Councilman Isaac, Commissioners Madsen and Braudis present. Pitkin Counter Library Expansion The Pitkin County library board is requesting that land be made available at the Rio Grande for construction of a new library. Chuck Vidal said the problem the library has, has been building up over a number of years. The library anticipated a certain utilization and growth . Both of these have been exceeded, and the library is 100 percent over capacity. The building cannot accommodate the current number of books nor does the library have the books it should have for this community. Vidal told the Boards the library board has analyzed a number of different alternatives for using the present site. Every time that analysis is gone through, it comes out that modifying or remodelling the present site does not work. Vidal said a new site i s needed f or the library . (Councilwoman Fall in came into the meeting) . The studies done for the present site indicate the site has economic and functional deficiencies. Vidal said there are strength load problems using the existing facility and/or acquiring the clinic. Problems with the existing site are parking and the lack of future expansion potential. Braudis asked if the library board has looked at other sites. Vidal said the looked at the school site, Little Cliff's, Conoco station, Sardy house. Vidal said one of the pieces of the process for locating the library at the Rio Grande is the master planning of that site. In one master plan, there was room f or the library on the Rio Grande site. Vidal said the library would like to participate in the master planning f or the Rio Grande. Braudis said the traffic in this area is very bad, and locating the library on the Rio Grande will exacerbate the problem (Councilwoman Walls came into the meeting) Braudis said he feels a core location is better for types of people who use the library. Vidal agreed it is important to be close to the commercial core. Mayor Stirling asked if the building has been appraised. Vidal said the land and building are appraised at $500,000, the library is a single purpose building and not readily transferable to another type of use. Mayor Stirling asked how many people use the library daily. Kathy Chandler said in the summer, it is over 500 people. Vidal said they want a 15,000 square feet building with the potential to add on in the future. Vidal said if they were to get the land free and be able to sell the existing building, they would be able to fund the library with their building reserve fund. Vidal 1 Regular -i~ieeting AsAen City Council ~- Auaust it . 1986 said they would like to participate in master planning the Rio Grande to the point where a library site could be identified. Madsen said the schemes for the existing site are between 51,600,000 and $1,900,000; what is the cost for a new library. Vidal said they estimate $1,500,000. The estimates for the existing site take into account utilizing a $600,000 facility, which would add dollar costs to the schemes for the existing site. Austine Stitt told the Boards the schemes for the existing site are "make do" situations. Vidal pointed out the alternatives postpone the problems for a few years and are not functional. Braudis asked the status of the Oden property. Eldert told the Boards if a performing arts center is not built by 1992, the property reverts back to the county. Mayor Stirling said he likes the location on Main street because it is accessible and visible. Vidal said the library board has given the present location much thought. Mayor Stirling said the library board should be part of the Rio Grande planning process. Mona Frost told the Boards she was on the library board when the library was located at the Wheeler Opera House. Mrs. Frost said she is eager to see the library moved to a different site as it is absolutely necessary that Pitkin County has a larger library. Mrs. Frost said she feels the Rio Grande is an ideal place. Kathy Chandler told the Boards for a community this size, the library ought to have 65,000 volumes. This library was built for 20,000 volumes. Councilman Isaac said there are several requests to use the Rio Grande, like the rail road and parking structure. Councilman Isaac said he would like to see money allocated f or planning the Rio Grande so things can get moving. Councilwoman Walls said she f eels the Rio Grande is a good location for the library. The present site is just not large enough for the library. Councilwoman Fallin said the Rio Grande makes sense for a library because this site may become a major transportation hub. Mayor Stirling said he is not committed to the library located on the Rio Grande until he can see all the proposed uses for the site; he is in favor of the library board being part of the planning process for the Rio Grande. Mayor Stirling moved to urge the library board to get in touch of the planning office to be part of the planning of the elements of the Rio Grande plan; seconded by Councilwoman Fallin. All in favor, motion carried. eovNel-~ ME-E~~-~G Mayor Stirling called the meeting to order with Councilmembers Isaac, Collins, Fallin, Walls present. 2 Riau-lar~~ee-tirr~t- -- ---~~ 1~spe-n Cites Council. _ August 11-.-..1986 CITIZEi~- PAR~ICI~ATION 1. Michael Forbes, Aspen Resort Association, told Council the ARA is doing a September promotion and would like permission to do a Bavarianfest. This is planned for September 27 in conjunction with the restaurant association. Forbes told Council the restaurant association will do the food and beer, and the ARA will do the logistics, tents and promotion. Forbes said this event will be the same time as the Children's Festival planned at Wagner park. Mayor Stirling asked if the Children's festival is in favor of this. Forbes told Council they are targeting towards Rotary Clubs and families around the front range, and the Children's festival is in favor. Forbes said the Children's festival does not need as much room as anticipated. Council does not object to this concept and asked for something in writing from the Children's festival that they do not object. 2. Marion Getz, representing merchants on Durant street, told Council they are very concerned about the timed parking. Ms. Getz said people do not hav a time to shop and merchants are having difficulty keeping customers in their stores. Ginger Swenson told Council not a day goes by that customers leave the stores to move their cars. Ms. Getz said they are putting together correspondence that the one hour parking is killing businesses and customers complain every day. Ms. Swenson said customers also complain about getting multiple tickets. John Goodwin, police department, told Council the city started multiple ticketing to encourage people to move their cars, rather than paying $5 f or an all day parking space. The merchants on Durant would like to see something reasonable like 3 hour parking. Councilman Isaac said some problems are caused by locals who work downtown and park downtown all day. The manager of Shirt Off My Back suggested one parking permit per business to enable shop owners to be able to do errands. Ms. Getz said shops hav a to close their stores to do errands and they need to be able to have their cars to do these errands in a short time. Terry Ulnick, Charcuterie, told Council they do a lot of deliveries and need to be able to have their cars close by. Councilwoman Walls said if every shop in the Ajax Mountain building had a permit, there would be no place for the customers to park. Mayor Stirling said the city used to have a liberal policy about parking and all the locals parked downtown and there was no tourist parking. Mayor Stirling said this is a serious problem and the city will continue to work on it. 2. Don Rayburn, Aspen Skiing Company, requested Council add to the agenda the hiring of geologist Barry Voight. The Skiing Company and county have agreed to contribute $2,000 each. Jay 3 Regular -Meetz~rr~- -~~ _ -~s~en City Counc~i~ - A~uQ~t 11, 1986 Hammond, city engineer, told Council staff received a proposal from Voight, and the city needs to commit to $2,000 to bring Voight to town. Hammond told Council Voight's references are excellent. Hammond told Council timing is important because Voight has limited time in late August or early September. Councilman Collins moved to suspend the rules and add this requested to the agenda; seconded by Councilman Isaac. All in favor, with the exception of Councilwoman Fallin and Mayor Stirling. Motion carried. 3. Hal Clark, representing Elam construction, requested Council reconsider their decision about not closing streets during the street lighting construction program. Clark said they are working both sides of the street with heavy equipment and this is a hazardous situation. Clark asked that Council look at each situation rather than having a general rule not to close any street. Councilman Isaac moved to have Jay Hammond monitor the construction and close the streets where appropriate; seconded by Councilman Collins. Councilman Collins asked why this work is being done downtown in the heavy tourist season. Elyse Elliott, engineering department, told Council this project will take place August, September, October. Elam does not make asphalt until June and they are trying to do this mostly after Labor day. All in favor, with the exception of Councilwoman Fallin and Mayor Stirling. Motion carried. Alan, representing New Electric, told Council it would speed progress on this project up if the streets could be closed. 4. Pam Fisher, Children's Festival, requested a food and beverage permit for the Children's Festival. Council directed the city attorney's office to prepare a vendor's agreement. 5. Tim Cottrell told Council the restaurant association is very concerned about the availability of liquor licenses and would like to discuss this with Council. Cottrell said they feel the criteria of the needs of the neighborhood not being met is being overlooked. Cottrell said the question is, is the pie big enough to handle the amount of outlets. Cottrell said there is a finite amount of spaces that can reasonably co-exist and issuing more license hurts everybody. Mayor Stirling moved that special orders of the day be moved to 4 • - - -Co~un c i -~ _ - - _. -~ Au-gust 11; _19 Reuel ar- Meetzrra__..____. A-s~en - City item V; seconded by Councilwoman Fallin. All in favor, motion carried. f1RDI~Ai~C~~23~ S~I~S--OF-1-986 - Electric Rate Increase Mayor Stirling opened the public hearing. Mayor Stirling said this is based on an earlier ordinance stating that the electric rates should support the cost of operating and that increases in wholesale supply should be transferred on to the consumer. Cindy Shafer , finance director , told Council the debt service in the electric fund has increased because of the undergrounding project. Ms. Shafer told Council Holy Cross rate for residential is .06426 and Glenwood Springs is .0715. The city's current rate is .06366 and proposed is .06938 per kilowatt hour. Councilwoman Fallin said Holy Cross has proposed to lower their rates. Ed Grange, Holy Cross, told Council Colorado-Ute has announced a 5 percent decrease in their rates and Holy Cross will pass this decrease on to their customers. Mayor Stirling closed the public hearing. Ms. Shafer pointed out there will be a substantial impact on the electric fund if the rates are not increased. There will be an S 80 , 000 decrease in revenues in 1986 and it could be as great as $200,000 to $250,000 in 1987. The rate methodology is that the rates are based on costs. Significant factors in 1986 and 1987 are debt on the undergrounding project, and the cost of Ruedi power . The projections used to come up with the rates have been established on a conservative basis. Ms. Shafer told Council the debt on the Ruedi project is higher than in 1985 because that year was paid for from bonds proceeds. Ms. Shafer said the rates paid for Ruedi power are based on a calculation establishing a reserve fund for Ruedi. Mayor Stirling moved to reject Ordinance #23 , Series of 1986; seconded by Councilman Collins. Mayor Stirling said actions taken by Council over the last 3 years were designed to lower cost of power to the city and give an advantage to the consumer. Mayor Stirling said he would like to hold the costs and address this issue during budget. Councilman Isaac said his problem with raising the electric rates is that the city has been subsidizing other funds with revenues from the electric fund. Councilman Isaac said these funds should be able to take care of them selves. Councilman Collins asked the present fund balance in the electric fund. Ms. Shafer answered at the end of 1985 the cash balance was $1, 265 , 000, which could be used if there is a deficit. Ms. Shafer told Council the electric rates, if not increased, will not cover the costs. 5 Re ~- a r --i!~e eta. n cr- - - - - _____ _ _ ~As~~e rr --C it.~ ~`o urrc i __ --- -- - -- A-uau st - i 1. ..1._38 6 Roll call vote; Councilmembers Collins, yes; Isaac, yes; Walls, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. 0-RI)I~ANC~ ,--~R-i~ --4F -_ 186. - Water Extension to The Preserve Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. City Attorney Taddune told Council the extension agreement was prepared by the city's water counsel with input from staff. Jon Seigle told Council Aspen Savings & Loan has a $50,000 check payable to the city. Councilman Isaac asked if the city has adequate water supply for this subdivision. Taddune said the provision of water is subject to the city's ability to provide water . Incorporated in all the city's agreements is that the city will serve water if they have the ability to do so. The Preserve is in the city's water service area. Jay Hammond, city engineer, told Council the raw water projections indicate the city can handle the capacity. Hammond said there are unique circumstances that could lead to a lack of supply. The city has not established a policy which would give preference to those supplied. The current program is that everyone would suffer equally . Roll call vote; Councilmembers Fallin, yes; Walls, yes; Isaac, yes; Collins, yes; Mayor Stirling, yes. Motion carried. ~;~C~fi16R ~;i-CEi~-~R ~~ICA~~OI<1 - Chelsea's Terrace Mayor Stirling said he has received a number of inquiries about the liquor license procedures and issuances. Mayor Stirling asked if Council is interested in having a moratorium to pursue the procedures of Council. City Attorney Taddune reminded Council they had a discussion in 1984 about this and reaffirmed their policy of not attempting to limit the number of licenses issued and, therefore, increasing the value of liquor licenses. Councilwoman Fallin said she is willing to have a work session on this; however, she is opposed to Council denying liquor licenses and having them become worth more than the business. Councilwoman Fallin said she would not want to declare a moratorium at this point. Councilwoman Fallin said she would like to know in a work session, how to avoid making licenses worth $100,000. Councilwoman Walls said Council does not have any more right to limit one type of business over another. Mayor Stirling said state statutes give discretion to the local licensing authority. Taddune said the two criteria are the needs of the neighborhood and the moral character of the applicant. Mayor Stirling opened the public hearing for a beer & wine license for Chelsea's Terrace. City Clerk Koch reported the 6 u-1 a-r --ire et-iTra -- --- - -.-- - -- A s~se n C itv -C~ un c-i ~ - -_ . _ -- -- -Au a u s t - i 1. 19 8f file, posting and publication to be in order. Mabel McDonald told Council the building in which her restaurant is located previously had two restaurants. Ms. McDonald told Council her clientele are requesting beer and wine. Mayor Stirling asked for opponents. There were none. Councilman Isaac .said this space was designated as office space when they got approval to construct the second floor. Councilman Isaac said it is against the building code to have a restaurant in an inaccessible space. Councilwoman Walls moved that based on the evidence presented at this public hearing relating to the application of Chelsea's Terrace for a beer and wine 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 Councilwoman Fallin. All in favor, with the exception of Councilman Isaac. Motion carried. ~i -UOR- LIe'EI~SE-~RAN~~RR---O~`-- I,-4CA~ION - Great Western Spirit Company Mayor Stirling opened the public hearing. Nick McGrath, representing Bob Grueter, said both this application and the next application have to show needs of the neighborhood. McGrath suggested Council consider both these applications together. McGrath said they are not opposing the transfer of location. McGrath entered into the record his letter. McGrath said he is concerned this applicant may argue against the Aspen Mountain Spirits application and the needs of the neighborhood, and it should be heard now. McGrath said Council has the opportunity to hear all the evidence related to both these applications at one time. Mayor Stirling said there are two separate issues. Council has defined the neighborhood as the city limits of Aspen. Holly Crawford said she feels a liquor outlet at the Trueman center is a great convenience to residents north of downtown. Ms. Crawford told Council she would like to see that amenity remain in that area for one stop shopping. Ms. Crawford said there are a lot of ski shops, jewelry shops, and clothing shops and what makes a difference in their success is merchandising. Phoebe Ryerson told Council it is good to have one stop shopping with easy parking. Ms. Ryerson said Council should grant the transfer of location to someone who has been in business for a number of years and has not altered their service. Linda Sommers said she is in favor of the transfer of the license. Stephen Toomey said he feels the location of a liquor store at the Oasis would be entirely too convenient. Murial Gibbs, formerly of Uncle Willy's Spirit House, told Council the advertisement in the paper by the applicant stated that Uncle Willy's was forced out of business due to lack of demand. Mrs. 7 Rear-1 ar -M~ect izra --__ _. _ _. _ ___- -~srJ~ -Gifu ~_ C~aurrc ~i_ _ __ _ _- ~uaust_ 11 ,- _ 19$6 Gibbs told Council they elected to sell the property and to retire, which is their business. Ed Barber said the definition of neighborhood needs to be addressed. The Trueman center does represent a different neighborhood. Barber said moving another license closer to the core seems to represent an excess of supply in a declining demand. Barber said the needs of the neighborhood are currently being met as consumption of liquor goes down. Don Crouch said the needs of the neighborhood have been met by the issuance of the license in the current location. Crouch said they are requesting a transfer of a short distance. Phil Blomesma said he feels the parking at the Trueman center is a plus for a location of a liquor store. Barber said he feels there is a difference between a location on the other side of the traffic light and a location with access to residential areas. Barber said if the issue is reducing the number of 1 iquor licenses, it is worth deciding which location would be better. John Walla, president of the restaurant association, said without further guidelines set by Council regarding liquor licenses, the number cannot be limited. Walla told Council in some towns, it is up to the applicant to canvas the neighborhood and it is their burden to prove the needs of the neighborhood to Council. Walla suggested a work session to see if guidelines can be set. Peter Green, restaurant owner, told Council the laws of capitalism work. Green said he does not feel Council can limit the number of liquor licenses but not limit any other businesses. Ingrid told Council if this applicant needs to change his location, he should be allowed to do so. Toomey told Council he has not realized there was a conflict in these two applications. Toomey said if a person has been in business for 8 years, he should be allowed to transfer his location. Councilwoman Fallin moved to approve the transfer of location of North Mill Investment's liquor license from 300 Puppy Smith street to 435 East Main; seconded by Councilman Isaac. All in favor, motion carried. A-PP~ICA~N--~'p~-_-Ai~i, -Di-~Dp~ ~;IC~NS~E - Aspen Mountain Spirits Mayor Stirling opened the pv!blic hearing. City Clerk Koch reported the filed, posting and publication to be in order. Nick McGrath, representing Bob Grueter, presented exhibits including position letters not opposing the prior application and in support of this application. There are letters from tenants in the Trueman center in support of this application. McGrath presented a 28 page petition in support of this application. Elyse Williams told Council she is in support of a one stop 8 ar- ~i~t rrrcr! ~ A s~e-n _ ~C i tv --Co~n~c l~ -- -- - - -- A~-~ st__ 11 - -i 9 8 shopping in this location. Peter Green said he is in support of this application. Joe Wilson is in favor. Mollie Beattie is in favor. Richie Cohen pointed out the neighborhood/commercial zone was created for this particular type of use. Cohen said when the shopping center applied for, part of the approval was based on the fact that certain neighborhood/commercial uses would be available. John Van Ness, former Council member, said when the previous application was approved, Council had a lot of discussion about the availability of liquor license. Van Ness told Council the then Council had a policy of not denying liquor licenses unless an applicant was of bad moral character. Van Ness said Council should not regulate liquor licenses any more than attempt to regulate the number of any other businesses in town. Van Ness said Council had a hard time defining the needs of the neighborhood as there are seasonal fluctuations. Van Ness said an earlier Council turned down a liquor license in the Brand building, was sued, and the Court ordered the city to issue the license. Van Ness said when the number of licenses is limited, it creates an artificial value on licenses. Van Ness said the policy of not limiting liquor licenses is the best policy. Jerry Hewey supports the applicant. Barbara Schay said she is in favor of this application. Linda Sommers told Council she is against this application. Great Western would not have applied for a transfer of location if they had not been forced to. George Queenie, manager of the Grog Shop, suggested the city look at the sales tax of the liquor industry over the past 4 years. weenie said this will prove that businesses are declining and less is being spent on liquor. Mayor Stirling said an issue is whether the market place can determine this question. Queenie said people have to apply for liquor licenses because this is a controlled substance and should be controlled by the liquor licensing authority. Don Crouch, Great Western Spirit Company, told Council the alcohol industry is controlled and regulated from manufacture to distribution. Crouch told Council liquor stores have regulated days and hours. Crouch said Council cannot judge the liquor industry to let free enterprise dictate what they are supposed to do. Crouch said liquor employees are regulated by state statute. Crouch told Council what a liquor store can and cannot sell is regulated by state law. Crouch told Council an applicant has to prove there is a need within a neighborhood that is not already being met by the existing licenses. Crouch told Council the existing stores have gone down in sales since 1981. Crouch said the economy in Aspen has changed since 1978, the skier days have fallen off. 9 Re-au-l ar -~e~et rrr~_ __ _ ___ _~______-AS-~~ - -~itY - G~zn~ rl .- - - - -- -_ _ ~u asst- 1 i ,~ -1-9 8 6 Crouch pointed out Council does not have to have a hearing on whether a realtor can have a license or not. Council does have to having a hearing on liquor licenses a.nu make a finding on the needs of the neighborhood. Crouch said the city has a liquor store for every 950 residents. Denver has one store for every 3000 residents. Crouch said the peak season is only 6 weeks along, and then there is a 1 iquor store for every 2500 people . Crouch said the Council has to control who and where liquor will be sold. Crouch said there is a decreased demand for alcohol and in the economy of Aspen. Crouch said he is only moving two blocks away and wi1_l still be serving the needs of the neighborhood. The new location has parking and easy access. Crouch said the applicant only has to wait two years to reapply, and maybe the economy will change in two years. Jon Seigle, representing Great Western Spirit Company, told Council the applicant must show the reasonable requirements of the neighborhood are not being met by existing outlets. Seigle said this applicant has not made that showing. Seigle told Council the applicant must show possession, and this applicant does not have possession of this space. Seigle said pending the disposition of the court case, Great Western Spirit has possession of the space. Seigle told Council the liquor code requires them to consider the character of the applicant, including financial. Seigle entered into the record a federal tax lien filed against the applicant. Seigle said the city clerk said a liquor store has to be 100 feet from the school; the statute for retail stores is 500 feet. This can only be changed for hotel and restaurant licenses. Seigle submitted an affidavit from two surveyors stating this building is within 500 feet of the school property. Seigle told Council in 1977 when Council originally approved this liquor license, there was not a paved trail to the school. City Clerk Koch reported in 1978 she and the then liquor inspector paced off the distance down the hill from the school, and he was satisfied it was far enough from the school property. McGratri presented exhibit 7, minutes of a Council meeting September 12, and 26, 1977 when this license was granted. This license was granted on the basis that it was more than 500 feet from the school . A letter was submitted from Chuck Dotson, then liquor inspector, that it was his opinion this location was not within 500 feet of a school based on a visit to the property. McGrath said regarding competition issues, the city has a wise policy not to limit the number of licenses. McGrath said the previous applicant had to show that the needs of the neighborhood are not being met to allow their transfer. McGrath told Council his position is that finding the needs of the neighborhood have not been met for the previous application decides the issue in 10 R-~au l ar - l~ e~ ~ ---- ---- ---- __ ____A-srserr - ~i tv_ ~-a un_c~._l.__. - __ -- -_ _ ~;u a trs t 11-. -1.9$ 6 this application. McGrath saia the ~~revious applicant relied on tree evidence from 1977, about the unique appropriateness of the neighborhood/commercial zone of the Trueman center still applies today. Taddune agreed the state statute prohibits the issuance of a retail license within 500 feet of a school. Taddune said he is at a loss how the applicant can represent this location is in excess of 500 feet from a school to obtain a license, and then take the position this application cannot be approved because it is within 500 feet. Taddune sai~ tr-e affiadvits indicate the premises i s within 5 0 0 feet, and the applicant should have an opportunity to rebut this evidence. Taddune questioned whether there has been a violation of the liquor regulations by the present occupant. Seigle said the trail was not paved when this liquor license was granted. Taddune said this finding may impact the liquor license the Council just awarded a transfer to regarding moral character; it may be the applicant had evidence they were in violation of the 1 icy uor regulations. Taddune suggested Council continue this hearing and to re-open the hearing of the previous license. Mayor Stirling moved to continue the hearing for the application of the Aspen Mountain Spirits to August 25, 1986, and secondly, in light of any new information to reopen the public hearing on the transfer of Great Western Spirit Company on August 25; seconded by Councilwoman Fallin. Councilman Collins said he would like information on possession of the premises. Covncilma.n Collins said he feels each application should be dealt with separately. Councilman Collins said he would like a interpretation on whether Great Western has possession of the premises. Taddune told Council the Court of Appeals has opined that Grueter is entitled to possession. This is subject to certiorari to the Supreme Court. Seigle said the Courts of Appeals has said pending final resolution of this matter, the present tenants have the rights to the premises. All in favor, with the exception of Councilman Collins. Motion carried. Lf3D~~ -G-i~g- ~.,~~i~1 - The Lodge at Aspen Steve Burstein, planning office, told Council this is a GMP amendment of an application submitted in 1981. Changes are a decrease in units from 31 to 26 units and an increase in square feet from 23,000 to 32,783 square feet. Burstein told Council this has been accomplished by adding an adjacent lot. Burstein told Council P & Z looked at whether the amendment met the scoring threshold and whether the position of this applicant would change in relation to any other applicants. Burstein told Council this application met the threshold and was the only legal 11 i-ar--l~fe-et-i n~ _ ______.. _ ___ -men -e ity - -C~un-c~.-3;- _ _ _ _ _- ---- _Auau s t -11 ~ 1-986 application in 1981. Burstein told Council there is an ownership issue regarding lot 41. The new application is predicated on obtaining lot 41 for the open space and FAR calculations. Sunny Vann, representing the applicant, told Council in 1981 Hans Cantrup was trying to build a lodge, which was red tagged. Cantrup sued the city and that put a stay on this application. Cantrup then filed bankruptcy and this applicant could do nothing until this property was released. Council granted an extension to this application so the GMP allocation would not expire. Vann told Council Reeder has an agreement with the forest service to convey lot 41 to him. The Alps has used this property and has appealed to the forest service. Vann said the city attorney's position has been that Reeder has a legally binding agreement to acquire this parcel. There are discussions between Reeder and the Alps regarding this parcel. Vann said this allocation does not expire until 1988, so the parcel dispute being salved by time of building permit will not adversely affect the applicant. Jerry Hewey, Aspen Alps, told Council they are working with the applicant to come up with an amicable solution. Burstein told Council P & Z recommended this project be reconfirmed with 10 conditions of approval. A landscaping plan is required. Burstein said the open space may have been miscalculated but there will be no problem meeting the minimum requirement of 25 percent. The title condition has been discussed. The fourth condition discusses parking. Burstein told Council the applicant has resubmitted a parking plan, meeting the approval of staff. This plan has 26 spaces underground. The service entrance to the lodge will be underground. Burstein recommended condition 4 be eliminated. If Council grants an exemption for the employee parking, condition 5 would not be necessary. The rest of the conditions are fairly standard. Mayor Stirling asked about woodburning devices. Vann said there will be a fireplace in the lobby and none in the individual units. Mayor Stirling asked about park dedication fee for the residential units. Burstein said Council can exempt the employee units from the park dedication fees. Vann said generally applicants are not changed park dedication fees on employee units and they would request that exemption. Councilwoman Walls said she would like the applicant to change the name of the project to change confusion. Charles Cunniff ee, architect, said they kept the name simply to keep the history of the approvals straight. Cunniffee said they are willing to consider changing the name. Burstein told Council there is a request for GMP exemption of the employee housing of one managers unit and two dorm units on premises. P & Z recommended approval of this request. These 12 Reuu la r -_ Me-~ti-rrQ~~______ _ __A.~~~--~i#~ _~oun-~.i~_- . _ - -- - -- .A~zru~t-- _1 i . --_i-98-6 will be low income, deed restricted on-site employee units. Burstein said there is a process where Council can reduce the number of parking units for employee parking. P & Z was concerned about the employee parking requirements. The staf f feels 26 underground parking spaces ought to be adequate for this project. The code requirement sets employee parking by special review. Vann told Council at time of original approval of this project, the GMP approval gave points for reducing the number of parking space. The previous application had 15 spaces for 35 units and no spaces for the employee housing. Vann said the criteria used for lodge projects recently has been .7 spaces per unit; however, there is currently no provision to reduce the parking space requirement without going through PUD. Vann said if Council applies .7 times 26 units, the requirement would be 18 spaces, with 8 spaces for employees. Vann said since the GMP regulations have changed, they cannot build the original parking proposal, and request Council waive the employee parking requirement and the applicant will provide one parking space per unit rather than .7 parking spaces. Mayor Stirling said he is not interested in transferring parking requirements from one project to another. Vann said this parking proposal is better than that of the original. One of the reasons for the GMP amendment is that the size of the units have been increased. Councilwoman Fallin said the parking in this neighborhood is very bad. Vann said the plan attempts to channel iz a the traffic to the project and prohibit people from parking on the street in front of the project. Vann said the applicant feels 18 to 22 parking spaces is appropriate for a project this size, and past city approvals seem to indicate this is the case . Mayor Stirling said he would 1 ike to see some evidence from other lodge projects that this i s the case . Councilman Isaac said Council has consistently granted .7 parking spaces per lodge room. Councilman Isaac moved to confirm the GMP allocation for the Lodge at Aspen amended GMP project subject to the conditions 1 through 10 in the planning office memorandum August 6, 1986, minus conditions 4 and 5; seconded by Councilman Collins. All in favor, motion carried. Councilwoman Walls moved to approve the requested GMP exemption for empl oyee housing subject to the recommended conditions in the housing authority memorandum of Jun 12 , 1986 , and to exempt the employee units from the parking requirements of the code; seconded by Councilman Collins. All in favor, motion carried. R~`6-~t~Sfi- -~--~i~H-S - Handicap Ramps on Mal l 13 Yuen --Oi tv .~ -Co ~n_~~: ------- - - Aa 4 a st__ 1 i ~ --19 8 6 Rezstxl ar~-M~~rrrzr~__-_--_---__-~ Councilman Collins moved to appropriate funds for construction of handicap ramps on the malls; seconded by Councilman Isaac. Councilwoman Fallin pointed out the memorandum recommends the funds come from the contingency fund and asked if there were any money left in this fund. Finance director, Cindy Shafer, told Council there is money left in the contingency fund; however, CCLC has $5,000 contingency in their budget, and this would be an appropriate place for these funds. Councilman Coll ins amended his motion that the money come from the CCLC contingency fund; seconded by Councilman Isaac. All in favor, motion carried. pi~I-i~AI~S---~3-: -E-5`--fly-X9-8-6 - Ce nt e n n i a 1 Water Surcharge Mayor Stirling moved to rad Ordinance #33, Series of 1986; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #33 (Series of 1986) AN ORDINANCE ENTITLED CENTENNIAL SURCHARGE ENACTING NEW SECTION 23-58 (I) PROVIDING FOR A CERTAIN SURCHARGE ON ALL NEW CONNECTIONS SERVED BY THE RUBEY INTERCONNECT was read by the city clerk Councilwoman Walls moved to adopt Ordinance #33, series of 1986 , subject to city attorney's approval; seconded by Councilman Collins. City Attorney Taddune told Council this district is bounded by the Salvation ditch and any customers served by the Rubey interconnect will be assessed a $450 surcharge as a cost to repay the Rubey interconnect component of the Cen.tenr~ial project. Taddune told Council this charge is only for new taps. Councilman Isaac said the next issue is money that Centennial already owes the city, and will this surcharge offset the monies due the city. Taddune said the EQR issue will be tabled to review the history of the issue and the points of agreement between the parties. Taddune said the surcharge issue should be codified so the staff can track it and assess this 5450 . Councilwoman Fallin askeG what impact this ordinance would have on annexation. Taddune said the city is obligated by contract and the Rubey interconnect was financed by Centennial with the agreement they be allowed to recapture the costs. Roll call vote; Councilmembers Fallin, yes; Collins, yes; Isaac, yes; Walls, yes; Mayor Stirling, yes. Motion carried. 14 Re ar--Meet • __ ------ _--~ - • - - -~ • _ __. _ .. _---- -- t-- -~ 1.__.._ - r 98.6 E`i?i~fiEi'~I~fi ~A-~ - - - ~-~~-~N~~-~ - ~A~E32 -B i ~. Councilman Collins moved to table until August 25, 1986; seconded by Councilwoman Fallin. All in favor, motion carried. City Attorney Taddune told Council this is a complex issue and the attorneys are working on the issue. MAS~-AU~E~--~E~ Mayor Stirling said staff has passed out background information. The state legislation only controls massage parlors, not massage therapists. Joseph Meyer told Council he is concerned about the health, safety and professional issues. Meyer told Council out of 50 people in business as masseurs only about 6 have gone to school. Meyer told Council there are some dangers involved in massage if a person is not familiar with human physiology. Meyer said the state does not regulate this profession but has 1 of t that to municipalities. Meyer said there are some sample credentials available, which the city could make part of their business license process. Mayor Stirling said he is not inclined to pursue legislation because he is not convinced of the need for it. Councilwoman Fallin said if the state legislature is not willing to take this on, the city should not legislate it. This should be controlled by the state. Councilwoman Fallin said the city does not have the personnel to control this type of licensing. Meyer told Council people who are members of the American Massage Therapy Association have liability insurance for their work. Councilman Isaac said Meyer has some good points; however, there does not seem to be a lot of community interest that this is a major problem. Councilman Isaac said he would prefer not to enact an ordinance. SI~B-Hi'~i-5~~~~, ~I~N - Litt 1 e Ne 11 Alan Richman, planning director, told Council the Aspen Skiing Company has requested subdivision exception for the Little Nell property to separate out the hotel parcel from the rest of the base area. Richman said the reason for this request is the financing mechanism the applicant proposes falls within the definition of subdivision. Richman suggested this be handled as a subdivision exception and not be referred to the P & Z as there is no public purpose served. Richman pointed out his concerns are to make sure this exception insures there are no land use impacts and that subdividing this site is the appropriate action and that there are no other alternatives. Richman pointed out condominiumization is a mechanism to create separate interests, however the applicant does not feel that alternative will work. 15 a-r_I~e~-t-i~_____.._~..._ -~-~rse~rr~~i.~ ~oztrrc~i_3-~ _____-._ _----August ~~~ : -1~8~6 Richman told Council one of the concerns is that the Skiing Company is the entity for the development agreement to meet all the obligations set out in the SPA process. Richman noted if there are two entities involved in the parcels, both should be responsible for the obligations in the SPA agreement. Richman reminded Council the reason for the SPA designation on this property is to have a unified planning for this site. Richman suggested language that this parcel be considered a single undivided SPA parcel for the purposes of development, which would link any future development to the entire property. Richman said another concern is parceling the property may put pressure on Council to allow future development. Richman recommended Council require the Skiing company to retain ownership of the land under the hotel. Mayor Stirling pointed out Council spent a lot of time on this SPA process, and the community support was because the Skiing Company was the applicant. Mayor Stirling said there is a concern of who the owners will be if it is not the Skiing Company. Peter Forsch, Aspen Skiing Company, told Council the reason for this request is financing. The applicant is arranging for financing for the project, and the two possibilities are a bank loan or to bring in partners with equity interests. In either alternative, the lender will require a tangible ownership or ability to separate the asset of the property. Forsch told Council the applicant needs the ability to isolate the parcel with the development as an asset. Forsch told Council the applicant has explored condominiumization; however, one cannot condominiumize until something is built. Forsch told Council the Skiing Company has full intention of owning the land under the hotel development and plans to enter into a long term land lease in which that is the applicant's participation or ownership share. Forsch told Counc i 1 the Skiing Company is willing to stand behind the obligations of the SPA agreement and to fulfill the conditions in the agreement. Forsch reiterated this subdivision exception is necessary for financing. Forsch said the applicants do not have any problems with the conditions from staff except a language changed in 1 (b) to insert "all land owners" to meet the obligations. Richman said he feels this is a reasonable change and makes the Skiing company responsible. City Attorney Taddune said he feels this amendment is good one to have approval of all the land owners and to have the approval run with the land. Councilman Isaac moved to grant subdivision exception to the applicant for the requested parcelling of the Little Nell property subject to conditions l through 3, with the above change on 1 (b) in the planning office memorandum of August 6, 1986, seconded by Councilwoman Fallin. All in favor, motion carried. 16 R~e-c~u-Parr -ti-rrg~_ _-A~e~it~ ~o-tm~i~i---_--------__ _~u-c~u st-_ .1_l ~ - i~ R:~S~,-~`Pi~fi--#~~-I-F~-~-i-~8~6 - Support of Tennis Tournament Mayor Stirling moved to table to August 25, 1986; seconded by Councilwoman Walls. All in favor, motion carried. RRp~ sF~---F6R- ~#~S - Aspen P r om of i ona 1 F i 1 m Cindy Shafer, finance director, told Council the staff confirmed the cost estimates, the budget as well as the intent of the in- kind contributions. Ms. Shafer said she feels the cash and in- kind meet the qualifications of Council. Councilwoman Fallin moved to allocated $5,000 to Greg Poschman, Moving Media, as committed earlier in the year; seconded by Councilman Collins. Councilman Collins asked if there is a completion schedule date. Poschman told Council the film will be delivered by the end of January 1987. The funding i s contingent upon a Council representative working with Poschman to approve every step before the next funding increment is paid. Council scheduled a screening for August 13th to see the filming done so far . Poschman told Council this film will be mass produced and will be available to special interest groups, the city, the ARA, and groups that help made the films for distribution. Andy Corwin told Council he supports the creation of an Aspen promotional film; however, he takes exception to the fact that Council is giving money before they see a finished project. Corwin said the city should have a 1/ 5 profit and a 1/ 5 say in the film project before it is finished. All in favor, with the exception of, Councilman Isaac. Motion carried. ~gp-- - Farmer's Market Mayor Stirling said he feels this is a wonderful project but should be done on private property. Representative told Council they feel it would be better to have it downtown, and the CCLC felt it wold be appropriate in town. Jon Busch, CCLC, told Council they felt this would be a good opportunity to acquaint people with produce available from the western slope. Busch told Council this market is for a short time and will be monitored very closely and it should be downtown. Busch said the CCLC recommended on either the west or east end of Rubey park. Councilwoman Walls said she feels this is a very congested area with lots of buses and no parking for people while shopping. 17 la-r -M~e~t' - - -n --~i -o- • -Y------ __-- - -- - p, ---1-1--- _ ~ 9 86 Co~incilman Isaac asked if this is a non-profit organization. Representative answered there will be one organization licensing all the booths and regulating them. This group does have a farmer's market organization operating out of Nature's Storehouse. They plan on selling only Saturdays during the growing season. Councilman Collins asked how many structures or spaces they plan on having. Representative said there is only space far about 6 booths in Rubey park. Councilman Collins moved to grant approval for this on a one year trial basis at Rubey park. Motion DIES for lack of a second. Councilwoman Fallin suggested since this project is not ready for this year, Council get input from the staff. Councilwoman Walls said she would support this concept in a more realistic place. Councilwoman Fallin suggested Rio Grande would be a more appropriate place for a market. Farmer's Market representative told Council they feel thi s is a good way to keep money in the community and the quality of produce is very good. Councilwoman Fallin moved to bring this back to Council in October for staff input and with alternative locations on city property; seconded by Councilwoman Walls. All in favor, with the exception of Mayor Stirling. Motion carried. L~~ ~~~E Elyse Elliott, engineering department, told Council this proposal is to install street lights on Gibson Avenue from the Mill street bridge to Spruce street. Councilman Isaac asked about putting lights all the way to Neale street. Ms. Elliott told Council she has not looked into that portion of the street. Councilman Isaac moved to split one-half the cost with the county the cost of lighting on Gibson from Mill street bridge to Neale Avenue, f unding from the electric department's contingency fund; seconded by Councilwoman Fallin. All in favor, motion carried. DS^L~ ---6~ -i~~ Mayor Stirling pointed out that the Nordic Council would 1 ike to be added as an alternative use for the Marolt house to be used as storage, housing and offices. Mayor Stirling said he is reluctant to house people on property that the city spent 53,000,000 to purchase. Mayor Stirling said the Marolt property is better suited for recreational or Nordic uses. CoL~ncilwoman Fallin said the Marolt property was purchased with open space funds, and are there restrictions on using the property. Ruth Little, fire district, said they would like to use the house for a year as a residence for the new fire marshal. City Attorney 18 ---A~z~-- ~:1 _ _ r H~qa~ ar--i~et~i~ra - --~s~Tr---~i-t~~~rrc~~.~^ _ - - -- ~ Taddune pointed out some of the Marolt property was purchased with open space funds anU some was a donation. Ms. Little told Council the fire board r~a:~ been ike use ofo the place for the fire marshal to man I saacw said if the house can Marolt house temporarily. Council be rented legally, it might as well be used until the Council has a long range plan for the property. Councilman Collins said it is a good idea to have someone occupy the house. Taddune pointed out even if this was purchased with open spa nethe nda~er ye residential use was there; this is not anew use o p p Mayor Stirling laic' the maxket range for this size d °havel to 9be to $150 0 a month; the lack of appliances woul addressed. Councilman Collins moved to direct the fire boer fa ° market staff to see if this use is legal, establish th price, and decide who will provide the appl fiance ton of dMayor Councilman Isaac. All in favor, with the excep Stirling. Notion carried. -~-LAi<1-~ Councilwoman Walls pointed out there is no money budgeted for this and it should be addressed during budget time. Councilwoman Fall in moved to discuss the Ute Cemetery clean up in the course of the 1987 budget; seconded by Councilwoman Walls. All in favor, motion carried. R~; ~ ~T-I-p-M---~-3 ; --g~~-~--p~---i-~S6 -Lodge Improvement District Jay Hammond, engineering department, told Council this is the first legislative step to create a lodge improvement district . Hammond said this resolution indicates plans, specification, cost estimates, mapping and schedules are available f The of i nanc ial also establishes the assessment formula. implication of this improvement district is $5 ~ 8 d ~be0 $1n500a000 city participation. The city's commitment woul . , for improvements that are normally be within the ric leneeds lto services, like drainage, and paving. The Cou determine how the city's share will be funded. Some options are funding from the capital program, utilizatienserial taxnlevy development authority. Hammond told Council th will not generate funding for reconstruction of these streets and drainage improvements. Mayor Stirling said Council has to look at funding this district along with the other capital improvement projects. Hammond said there is a timing cone tructionrdcantstart the survey work done this year so that cons next year. 19 R~ ~-ar-M-~e~tz --- Yr-~-' --~o~un _ __-_ _ - _ _ - -Au st_. ~-1- x--9-8-6 Cindy Shafer, finance director, told Council $100 , 000 has been allocated for this project. Mayor Stirling said he is interested in keeping the project going but is not willing to vote to commit to $1,500,000 until Council has a chance to look at the entire capital improvement budget. Joe Barrows, Kirchner Moore, said the staff is looking at a downtown development plan and would have that authority as a funding source. Mayor Stirling said the staff has a lot of work to do before forming a downtown development district. Mayor Stirling moved to suspend the rules and continue until 9:30 p. m.; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Isaac. Motion carried. Councilwoman Fallin moved to table this issue to a work session; seconded by Councilman Collins. Council scheduled this work session for Monday August 18 , 1986 , at 5:00 p. m. All in favor, motion carried. p~~A~H--#-3~-; -~-2-; --~`E-Ri-~-S---Off`-i~8~ - Veh i c1 a Lease s Councilwoman Fallin moved to read Ordinance #31, series of 1986; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #31 (Series of 1986 ) AN ORDINANCE APPROVING THE TERMS A.NP CONDITIONS OF A VEHICLE LEASE BETWEEN THE CITY OF ASPEN AND STEVINSON CHEVROLET, INC. WHICH LEASE IS FORA TERM OF THIRTY-SIX (36) MONTHS AND PROVIDES FOR A MONTHLY RENTAL PAYMENTS OF $264.71 was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #31, Series of 1986, on first reading; seconded by Roll call vote; Councilmembers Collins, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. Councilman Collins moved to read Ordinance #2, Series of 1986; seconded by Councilwoman Fallin. All in favor, motion carried. ORDI NANCE 3 2 (Series of 1986) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF A VEHICLE LEASE BETWEEN THE CITY OF ASPEN AND STEV INSON CHEVROLET, INC WHICH LEASE IS FOR A TERM OF THIRTY-SIX (36) MONTHS AND PROVIDES FOR A MONTHLY RENTAL PAYMENT OF $363.59 was read by the city clerk 20 .__ Councilwoman Fallin moveu to adopt Ordinance #32, Series of 1986, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Fallin, yes; Collins, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ~'~---~A~i3'A~E~-C6i~g' Councilwoman Fallin moved to approve the city manager's employe contract; seconded by Mayor Stirling. All in favor, motion carried. Councilman Collins said Council had received a memorandum on the duplex at 705 Cemetery Lane listing code violations, including electrical, roof and railing repairs, woodburning stoves, for a total of 513,500. Councilman Collins said he feels these should be taken care of by the city in order to bring the duplex into compliance. Councilwoman Fallin asked if this estimate includes the missing appliances. Councilman Collins answered this includes replacing the JennAir. Councilman Collins said there are other costs to bring the duplex up to livable standards, such as fixing the skylights, painting, curtain rods, towel racks, 1 fight fixtures, cleaning the carpet, broken window, trash compactor, washer and dryer are not there, the brick floor in the solarium needs work, rail in the loft needs fixing, drain gutters need repai L . TY~ese items add up to 513 ,165. Counc ilwoman Fallin said she would eliminate replacing the washer and dryer; Council agreed. The new city manager has made an offer of 5175,00 and the city is to make repairs. Councilman Isaac said the city should be responsible for the work to bring the unit up to code. Councilman Isaac pointed out the city attorney paid to replace the solarium floor. Taddune told Council he bought his unit "as is" and the im~aravements went into the repurchase price. Councilwoman Fallin sugge~tec the city do the code work required and the other work be discounted on the purcriase price. Councilman Collins pointed out some of the work on the "other" list needs to be done for safety reasons. Mayor Stirling suggested selling the house for 5185,000 with a contribution of 515,000 for repair work. Mayor Stirling moved to sell the house for 5185 ,000 with a 515,000 adjustment for code and living standard adjustments; seconded by Councilman Isaac. Councilman Collins said he does not feel 515,000 will fix up all the items needed to be fixed in the house. Councilman Collins said the city should start some of the corrective work before the city manager moves in. 21 • - -- - - __ _ __ __ _ i;-1_...__ ~ 1~ 8~6 t_ar- ~""__ _ ~ Mayor Stirling withdrew his motion. Mayor Stirling moved to offer the house at $185,000 base price with $20,000 deducted; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Isaac. Motion carried. City Attorney Taddune told Council he has drafted a purchase contract; however, there may have to be a temporary lease arrangement until the financing is fixed. Councilman Collins said the city is giving a $20,000 contribution and then telling the purchaser what he has to spend the money on. Councilman Collins said there are items the city should take care of . Mayor Stirling moved to rescind the previous motion; seconded by Councilwoman Fallin. All in favor, motion carried. Councilwoman Fallin suggested offering the house at $185,000 and have the city do the repairs to bring the unit to code, regardless of the selling price, and discount the price on the optional items. Councilwoman Fallin moved to offer the house at 5185,000 and the city do the code violation re~7air5; seconded by Councilman Isaac. All in favor, motion carried. Mayor Stirling suggested Councilman Collins circulate the list of optional items and have Council comment on these. L~~4I~H~S'L Jay Hammond, engineering department, told Council the city has received a proposal from Barry Voight with two options; review the data and interview people, or to do a site visit. Hammond said everyone feels getting Voight to the site is very important to get valid information. The price for this option is 53900, and Pitkin County, the Ski Company and the city will each contribute $2,000. The difference in price will cover the expenses of obtaining copies of all the reports. Hammond told Council the value of Voight's qualifications warrant bringing him to the site, and the expenses is limited. Councilman Collins moved to approve the expenditure of up to 52 , 000 out of the contingency fund; seconded by Counc ilman Isaac. All in favor, with the exception of Councilwoman Fallin. Motion carried. Councilwoman Fallin moved to approve the consent agenda; seconded by Councilman Collins. The consent agenda is special event permits - Aspen Triathlon; Junior Hockey and Minutes July 14,1986. All in favor, motion carried. 22 n crime--_. __ _. _._ _A~aust --1-1i-~- -1-9~8~ ~fii'~I~ 1. Mayor Stirling proposed a budget and goals session with the new city manager for Thursday, September 4 from noon to 4 p. m. 2 . Mayor Stirling appointed Councilwoman Walls to the executive policy committee of the Colorado Municipal League. 3. Mayor Stirling wished Councilwoman Walls well on her trip to Chamonix, Davos, Cortina, and Garmisch-Partenkirchen as an envoy for the Sister Cities program. There are also representatives from the Resort Association and the skiing companies. 4. Mayor Stirling told Council there is a Japanese delegation coming to town, including the Mayor of Shimukapu, next week and invited Council to a meeting with the delegation August 18 at 9:30 a. m. 5. Councilman Isaac said Council has received a letter from someone interested in purchasing the trolleys. Councilman Isaac said he would 1 ike to resolve the issue of the trolleys. Mayor Stirling said the recommendation of the transportation report is not to use the trolleys. Councilwoman Fallin said she is willing to sell the trolleys. Councilman Isaac agreed he would like to pursue selling the trolleys. 6 . Councilwoman Fallin said she would 1 ike to have the issue of bandit units on an agenda in September. 7. Mayor Stirling said Council received a letter commending Gary White of the police department. Council also received a letter from the owners of the Snowflake Inn commending the building department for their assistance in the technical process. Councilman Isaac moved to adjourn at 9:45 p. m. ; seconded by Councilwoman Fallin. All in favor, motion carried. Kathryn S. Koch, City Clerk~~T~ 23