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HomeMy WebLinkAboutminutes.council.19871026Re ular Meetin As en Cit Council October 26 1987. PROCLAMATION - United Nations Day 1 ORDINANCE #42, 1987 - Historic Preservation Incentives 2 ORDINANCE #45, SERIES OF 1987 - Appropriations 3 ORDINANCE #46, SERIES OF 1987 - Appropriations 3 ORDINANCE #48, SERIES OF 1987 - R-6 Moratorium 3 6 19 8 8 BUDGET 6 LOT SPLIT - Marshall RESOLUTION #27, 1987 - Exemption from Moratorium 6 6 Nitze Project 7 Turley Project 8 Flynn/Ratner Duplex 9 221 West Hopkins ADOPTION OF HPC GUIDELINES 10 APPEAL OF HPC SCORE - Amato 10 REQUEST TO WAIVE PARK DEDICATION FEE - Little Cliff's 10 NOT CARRY OVER UNUSED GMP COMMERCIAL UO OTA 10 ELECTRIC UNDERGROUNDING STAGING SITE 11 SENIOR RATES FOR UTILITIES UNDERGROUNDING 11 ORDINANCE #50, SERIES OF 1987 - Alarm Fees 12 ORDINANCE #51, SERIES OF 1987 - Water Rates 13 LIQUOR LICENSE TRANSFER - Boogie's Diner 13 LIQUOR LICENSE RENEWAL - Maestro's 13 INSURANCE EXPENSES - Elyse Elliott's Air Transport 16 BURNT MOUNTAIN ENVIRONMENTAL IMPACT STUDY 17 RESOLUTION #26, SERIES OF 1987 - Calling Special Election 17 22 Regular Meeting Aspen City Council October 26, 1987 ORDINANCE #49, SERIES OF 1987 - One Election Precinct 18 ORDINANCE #52, SERIES OF 1987 - Conveyance of an Alley, Block 21 18 PROPOSED AMENDMENT TO RESOLUTION #24 19 REQUEST FOR ENCROACHMENT - Holden 2D 23 Regul-ar Meeti-n4-- ~ Aspen City Council October 261 1987. Mayor Pro Tem Fallin called the meeting to order at 5:00 p.m. with Council members Tuite, Isaac, and Gassman present. PROCLAMAT IAN - United Nat ions Day Mayor Pro Tem Fallin said October 24th was the forty-second anniversary of the United Nations. COUNCILMEMBER_COMMENTS 1. Councilman Isaac congratulated Assistant City Attorney Fred Gannet on being appointed judge of Eagle County. 2. Councilman Isaac said he has received calls about changing the timed parking policy during the off season. Councilman Isaac said he would like to keep the restrictions on, at least in the fall, and would like Council to address this. Councilman Isaac requested this be put on the next Council agenda. 3. Mayor Pro Tem Fallin said there is a request to add a first reading of an Ordinance regarding an alley, to add amending a paragraph of Resolution #24, 1987, for Gordon's restaurant, and to add the Holden encroachment to the agenda. Mayor Pro Tem Fallin moved to add the above items to the agenda as VII p, q and r; seconded by Councilman Isaac. All in f av or, motion carried. 4. Assistant City Manager Mitchell pointed out a memorandum to Council regarding two highway meetings October 28 and 29. Jay Hammond will be representing the city at these meetings. If possible, Councilmembers should attend. Mayor Pro Tem Fallin said she can attend the October 28th meeting. Jay Hammond told Council staff has met to go over what kinds of concerns they want to discuss with the department of highways. Hammond said staff will transmit concerns about the sensitivity of the entrance to town, the Marolt property, the design of any road through that area, to talk about the relationship of the transportation element and the proposal for HOV lanes. Hammond told Council HOV lanes are viewed as an interim type of f ac it i ty to deal w it h problems of pollution and not necessarily a long term solution for the highway. Hammond said there has been some discussion of a toll road aspect as a method of funding and accelerating the process, which staff may requires be considered as part of t he EIS. CITIZEN _COMMENTS 1. Andy Hecht told Council he has two clients requesting that Council exempt them from the moratorium. Councilman Tuite asked 1 Re ctular__-Meetina=~_- _ _._ -Aspen Ci~ty_ Council-__-_ October 26. 1987 if plans have been submitted. Hecht said plans were submitted well before the moratorium. Council said they would discuss this under the first action item. ORDINANCE #42,-1987 - Historic Preservation Incentives Steve Burstein, planning office, reminded Council this ordinance adds conditional uses of bed and breakfast, boarding house, and two dwelling units on lots zoned for one dwelling units for designated historic landmarks in all zone districts This ordinance also creates relaxation of the dimensional requirements for historic structures. This creates a special review for parking reduction in residential zone districts. This ordinance accomplishes the reduction of -- FAR, which at present is at 600 square feet per dwelling, which will be reduced to 400 square feet. If there were more than one structure on a lot zoned for single family, it would still be 400 square feet, not 800 square feet. The P & Z is discussing FARS and they are going to recommend 500 square feet. This ordinance creates a grant program for homeowners with structures that have been evaluated 4 or 5. A sum of $2,000 will be given to 10 homeowners. Burstein pointed out to Council the minor corrections staff has made since first reading. Councilman Tuite asked if there is criteria and a length of time for the grant program. Burstein said people will have to designate their structure as a historic landmark. This is a one time per structure grant only. Burstein told Council there are currently 58 structures that are scored 4 and 5. Councilman Tuite said he would like staff to formally notify people that are eligible for the grant program. Mayor Pro Tem Fallin opened the public hearing. There were no comments. Mayor Pro Tem Fallin closed the public hearing. Councilman Isaac said he is opposed to this ordinance as he has a problem with the right to put in bed & breakfast and boarding house uses in a residential neighborhood. Councilman Isaac said he does not f avor this mixed use. Councilman Tuite pointed out this is a conditional use with a public hearing, not a right. Councilman Isaac said he feels a $2,000 grant is inadequate. Councilman Isaac noted Council has not designated a source f or these f unds, other than the contingency f und. Councilman Isaac said he feels the grant should be more and the funds should come out of the property tax levy as everyone benefits f rom the preservation of historic houses. Councilman Tuite moved to adopt Ordinance #42, Series of 1987, as amended; seconded by Councilman Gassman. Roll call vote; 2 Rect-ular Me-eti-ram- - - -~ - -Aspen City- Council ~ct~ber 26. 1987 Councilmembers Gassman, yes; Tuite, yes; Isaac, no; Mayor Pro Tem Fallin, yes. Motion carried. ORDINANCE #45._SERIES OF 1987 - Appropriations Cindy Shafer, finance director, told Council this ordinance budgets things Council has previously approved; pay f or perf or- mance, comparable worth, changes in health insurance and general liability charged. Mayor Pro Tem Fallin opened the public hearing. There were no comments. Mayor Pro Tem Fallin closed the public hearing. Councilman Isaac moved to adopt Ordinance #45, Series of 1987, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Gassman, yes; Mayor Pro Tem Fallin, yes. Motion carried. ORDII~A1~fiC~ #4~6: --SERiES Off'- -i9$7 - Appropriations Cindy Shafer, finance director, told Council there are some amendments in the exhibit from first reading. The water tap fees for Rubey park have been deleted as Council only approved the amount of the increase in tap fee, about 51600 from what RFTA was told originally. Ms. Shafer said this increase will come out of the existing water department budget so there is no a ppropria- tion. Ms. Shafer told Council a lot of the changes in the ordinance are in types of funds for accounting purposes. Ms. Shafer pointe d out this appropriation ordinance recognizes additional revenues in the police department and appropriates expenses for overtime and education. This addresses the issue of the police officer, which Council addressed at a work session. Assistant City Manager Mitchell told Council approval of this ordinance would allow the police department to keep an extra personnel, after he completes the training, to fill one of the new positions Council has tentatively approved for 1988. Councilman Isaac questioned the appropriation for 55500 for trolley cars, as they were never moved. Ms. Shafer said the whole amount was not spent; that amount was approved by Council. Mayor Pro Tem Fallin opened the public hearing. There were no comments. Mayor Pro Tem Fallin closed the public hearing. Councilman Isaac moved to adopt Ordinance #46, Series of 1987, as amende d on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Isaac, yes; Gassman, yes; Tuite, yes; Mayor Pro Tem Fallin, yes. Motion carried. ORDiId-Ai~i-CE- #-~8,---~ERiE-S---OF -19.87 - R-6 Moratorium 3 Re-gu-l-ar--i~eti~rg ____~ ~ - p~-spen City Council October 26~ 1-987 Mayor Pro Tem Fallin opened the public hearing. Sally Roach urged Council to vote against this moratorium. Ms. Roach said she feels the wool has been pulled over people's eyes with this administrative delay. Ms. Roach told Council it is difficult to 1 ive under a moratorium. J. B. Stege told Council he w as in the building department September 4 and is now ready for final plans. Stege asked what they are supposed to do as their project is being effected by this moratorium. Councilman Tuite said P & Z has been meeting and is close to adopting a resolution for floor area ratio. Councilman Tuite said it is his intention to table this ordinance and keep the administrative delay in effect . When the P & Z resolution is adopted, the moratorium will not longer be needed. Councilman Tuite said it is not his intention to cause economic harm by the moratorium. The Council will be reviewing projects to be exempt from the moratorium later in the agenda. Doug Allen requested Council vote against the moratorium. It is not the right approach to the problem. P & Z has been working on floor area ratios, and they should be allowed to go through their procedures. Ted Guy said most projects caught in this moratorium have already incurred a lot of expenses. If P & Z is within a week or two of coming up with a solution, it would be fair to remove the moratorium and to allow those people in the process time to get their project into the building department be f or e the r ul es change . Mayor Pro Tem Fallin closed the public hearing. Councilman Gassman said Council has provided for projects already in the building department. Councilman Gassman said to pass a moratorium on f first reading and then not do it, seems to be more unfair. Councilman Gassman said this moratorium will not be a long time. Councilman Isaac said he is opposed to this morator- ium. Councilman Isaac said this is not a situation with health and safety problems in the R-6 zone. Councilman Isaac said with the new Supreme Court decisions, the Council does not have a leg to stand on. Councilman Isaac said exhibit A adopted two weeks ago is no longer the one P & Z is working on. Mayor Pro Tem Fallin said she is opposed to the moratorium; however, she is willing to table it until November 9. Mayor Pro Tem Fallin said she would like this ordinance amended to state it is in effect only until other regulations are adopted by P & Z. City Attorney Taddune said the ordinance can be amended to state it is in effect until such time a resolution is adopted by P & Z. Taddune noted that the regulations P & Z adopts may differ from those set forth in exhibit A. 4 Re au l ar--i~e-e-t :'rna- - - - -- - ~~_.__;~_A-spe-n _-C~ty- Co un~c i Y _- _ ...Oct crbe r 2 6 , -19 87 Andy Hecht said right now, there is a provision to exempt projects that satisfy the table in exhibit A. Hecht said once the new ordinance is adopted, it will not matter. Projects that do not strictly comply are out. Jim Colombo, P & Z member, recommended Council table this with the provisions when a resolution is adopted by P & Z, it takes precedence over exhibit A in criteria. Taddune said if staff decides to table this ordinance, staff has 3 resolutions for consideration. One resolution reflects what Council did October 19th in exempting some applications; a second amended resolution extends the administrative delay until the public hearing on November 9, 1987. Staff also prepared a resolution lifting the administra- tive delay. Taddune pointed out the P & Z may be embarking on a completely different approach than what Council has in mind. Councilman Tuite moved to table Ordinance #48, Series of 1987, until November 9, 1987; seconded by Mayor Pro Tem Fallin. Mayor Pro Tem Fallin reiterated she is opposed to this moratorium but is willing to table it to give the P & Z time to act. P & Z is moving as fast as they can. All in f avor , with the exception of Councilman Isaac. Motion carried. Taddune passed out a second amended resolution of the Council. Taddune said this resolution reflects that the administrative delay shall remain in effect until the later of November 9th or until the effective date of Ordinance #48. Taddune pointed out this resolution does not say anything about the P & Z resolu- tion. Taddune noted also in this resolution is the clause that the resolution may be lifted for projects by majority vote of Council. Taddune pointed out there is both exhibit A, which was appended to the ordinance, and exhibit 1 which is the direction P & Z is going. Richman recommended adopting exhibit 1. This exhibit contains the same floor area but new calculations for setbacks and site coverage than exhibit A which are more equit- abl e and more reasonable. These changes were a result of the public hearing held by P & Z and commission comments. Richman said the approach is a continuous scale. Colombo said one reason to adopt the new exhibit is that it will be very close to the P & Z final resolution. Councilman Tuite moved to adopt Resolution #25 as amended; Section (2) This administrative delay shall remain in effect until the earlier of November 9, 1987, or such time as a resolu- tion proposing new regulations in the R-6 zone district, as is currently under consideration by P & Z, is adopted by P & Z; adopting exhibit 1; seconded by Mayor Pro Tem Fallin. All in f avor, with the exception of Councilman Isaac. Motion carried. 5 • _ _ . A e~ -f=i --~C-ouncil _ _October ~6. -1987 Re attl ar---Nfe~e-t-i~__---._ _ _._ -_ ~ tY 19 8 ~ BII DC-ET Cindy Shafer, finance director, recommended Council open the public hearing, take comments, and continue this to November 9, 1987 . Ms. Shafer said the f final adoption of the budget will depend on whether Council has a special election in December on the serial street levy. Mayor Pro Tem Fallin opened the public hearing. Mayor Pro Tem Fallin continued the public hearing on the 1988 budget until VII (n) after the discussion of the election question; seconded by Councilman Isaac. All in favor, motion carried. L0~ --~PL-~T - Marsha 11 Councilman Isaac moved to tabl e this until November 9, 1987, at the request of the applicant; seconded by Mayor Pro Tem Fallin. All in favor, motion carried. RESpDU3~i~--~-~:---}9-H7 - Exemption from Moratorium (Mayor Pro Tem Fallin left the room due to conflict of interest) . Councilman Isaac said these are requests for exemption from the administrative delay. City Attorney Taddune said this resolution gives Council the opportunity to lift the moratorium for certain applications; this resolution relate to exhibit 1, not A. Taddune pointed out a list of the projects already exempted have been appended to the resolution. Ntze -~~o~j-ect Andy Hecht, representing the Nitzes, presented photographs and told Council the Nitzes own over 19,000 square feet in the west end. Hecht said this is a very unique site because of the magnitude of the open space. This property is located between Third and Fourth on North. Hecht told Council this property received a variance from the Board of Adjustment because it was the Board's opinion the roof could be a different shape, have a greater impact and be higher under the Code than it would be if they granted this variance. The Nitzes requested a variance from the setback in the rear of the lot, and that was denied. Bruce Sutherland, architect, told Council the residence has 3454 square feet and the Nitzes would like to add 1613 square feet. Hecht pointed out there is a potential of a lot split with each lot containing a duplex. It could be two single family lots and each single family dwelling would be 3690 square feet, a total of 7380. Hecht told Council the Nitzes do not want to split the 6 R~-gcxi-ar--~e-e-t~rng~_____^.ri_~_ _----~ n__e~it__~__Couric-i1 - -- -October- -26 . 1987 lot; however, they will in order to get the square footage they need. The Nitzes are proposing a garage which will further exacerbate the setback under the new Code provision but would be permitted under the old Code. The Nitzes want to add square footage in the rear and the rest of the lot remains open. The Nitzes are willing to say as long as the house stays on the lot, they will not seek a lot split or further development. Hecht showed how littl e the house will show from the street and from the rear of the lot. Hecht told Council the new Code provisions allows 20 percent site coverage; the Nitzes will have 13.67 with the addition. There is more floor area than allowed and the building does not quite meet the setbacks. Hecht said the setback on one side is 5 feet and the neighbor is aware a garage will be built there. In the back, the setback will be 15 feet. Councilman Tuite moved to exempt the I~itze project as plans currently exist in the building department; seconded by Council- man Isaac. All in favor, with the exception of Councilman Gassman. Motion carried. Councilman Tuite said the FAR of this project was below the FAR in the present code. Councilman Tuite said it is not his intention to harm anyone, and he does not f eel this project is one of the ones the west end is having problems with. Hecht said they hav e been working on this f or 2 years and did not try to rush the plans into the building department. Tur~ey--Pr~e~ct Andy Hecht, representing Turley, told Council his client has been working on these plans since April but got them to the building department the day after the moratorium was invoked. Hecht told Council Turley was the subject of a lot split granted by Council, which was reviewed for setbacks and preservation of trees. Hecht told Council this is located at the corner of Roaring Fork road and Gillespie. Hecht said a require- ment of the plans was to have a large yard, to preserve the trees, which was a requirement of the lot split approval, the lot split approval also stated there would have to be a minimum of 25 feet from Gillespie along Roaring Fork road before any improve- ments started. The lot split approval also said access had to be on Roaring Fork Road. Turley's instructions to the architect were the structure to be consistent with the historical charac- ter, the garage was not to be on Gillespie, a limited structure. Hecht told Council the FAR would be in compliance if Turley takes the porch off. Hecht said he does not feel the porch should be counted, but the building department does. The porch is an important architectural detail. 7 Rearxi-ar--M-e~e-t-rnrr-- - ---- _ - --_-~s~~n__ei-ty _Councl:«_,. _ _ Oct-obe~_r _._2~ 1957 Hecht told Council this project violates the side yard setback. If they gave some land away and applied on a smaller lot, the side yard setback would be less. Hecht pointed out this building is 9'8" and the new ordinance requires 15 feet. Hecht showed that the client tried to elongate the house rather than hav e a bulky house along Gillespie. Hecht said the openness of the corner will be preserved. The house is within the FAR and within the site coverage, except for the porch, the front and rear yard setback are all right. The two side yards need an aggregate of 45 feet, and they do not have enough. Hecht said in the lot split Council gave instructions to design the house in a certain way. Turley designed the house in reliance on those instructions. Bill Drueding, building depart- ment, told Council even with his calculations on the porches, the building would be under the allowable FAR of the current propos- al. Hecht told Council his client sold off the lot split Victorian with covenants that the Victorian cannot be changed. Lance Allee, architect, showed Council there is a porch along the west side held up by posts with a covered walkway. Allee po i nt e d out th i s house f al 1 s betwee n what was allowed and what will be allowed and revolves around 200 feet of porch. Hecht reiterated this would have been under the FAR permitted before the moratorium. CouncilmanA Tuite said since the problem seems to be setbacks, can the building be moved on the site. Hecht said the impacts are least where th e house is now sited. The house cannot be seen because of the spruce trees. Councilman Tuite said he is not in favor of this exemption. Hecht reiterated that in the lot split Council took concessions, like a single family dwelling, a 25 foot setback, leaving the trees. Councilman Gassman said he feels those concessions warrant consideration. Councilman Gassman said this is comparable to the Agate, which was exempted because the city had already reviewed the project and had specific considerations. In this case, there was a level of review beyond just meeting the FAR. Councilman Gassman moved to exempt the Turley house from the moratorium; seconded by Councilman Isaac. All in favor, with the exception of Councilman Tuite. Motion carries. F'~lynnfR-at•Yre-r~- Dut~~x Ted Guy, architect, snowed Council the existing site plan, a 9,000 square foot lot located at 717, 721 West Francis. Guy told Council currently this is a 3 unit condominium which is being renovated to create a duplex. Guy told Council the design is a low, one-story link between two existing buildings. The building has been stepped back to reduce the impact along Francis street. Guy told Council one of the important owner criteria was to create private yards f or the use 8 -Asr~e~n~C~ t Count. _ --- _ -flctQber ~~6 _ 1.987_ Reg u-1 ar--i~~e et i~r~g____---- _ __ ____ ._ of the residents. Guy showed what elements of the structure would have to be shifted to meet the new setbacks. Guy said the project is 4, 500 square feet, which is the maximum allowed for the site. Guy told Council the drawings were submitted the day the moratorium was passed. Guy said the breaking up of the mass does not make this structure a massive view Mocker that have been erected in the west end. Guy said the project is worthy of exemption from the moratorium. Bill Drueding, building department, said there are pre-existing building on this site currently encroaching in the setbacks. Drueding told Council all the additions to this projects are not within the setbacks. Guy said the plans conform to the regula- tions that were in effect when the drawings were submitted. Councilman Isaac moved to exempt the Ratner/Flynn duplex from the moratorium; seconded by Councilman Isaac. All in favor, with the exception of Councilman Gassman. Motion carried. 2 21---ire s-t -~i-o~ki--n-s B i 11 D r u e d i ra g t o 1 d C o u n c i l this i s a ne w single family dwelling on a vacant lot. The lot is 6,000 square feet. The FAR in the current code is 3240, the proposed FP_R for the dwelling i s 3219. The new regulations FAR would be 3240. This structure would be under current and moratorium FAR. The lot coverage is 28 percent, the proposed regulations would allow 30 percent. Drueding told Council the new proposed front yard setback would be 30, their proposal is 25; the proposed side yard setback are 20, and the proposal is for 18. They need to increase the setbacks on the side yard by 2 feet to comply. J. B. Stege told Council he went to the building department September 4th with preliminary ~alans and to review the guicxelines for this project. Stege told Council this structure is in the style of a Victorian, it has a 10/12 pitch, a traditional T- shape, the main thrust of the house going down the lot. Stege said this structure is well within the character. Stege told Council the old regulations were 5 and 5 feet for the side yards; they are 9 and 9, which is a 1 foot protrusions. Councilman Gassman moved to exempt this structure from the moratorium; seconded by Councilman Tuite. All in favor, motion carried. Drueding brought up interior changes at 817 North street. This is entirely interior remodel. Councilman Tuite moved to exempt 817 North street from the exemption; seconded by Councilman Gassman. All in favor, motion carried. Councilman Tuite moved to adopt Resolution #27, Series of 1987, amending the attached exhibit to delete the Haft application and 9 • O tober -26- - 1987 P~~tr~~r- -i~et-rn-a-_~__w:~:~=_~:~:.~~s~ge~-n_,_-C~s_t~r_-~C~ou-n~r~ --- -- ~.~~~. ..~~.....~ to add 221 West Hopkins and 817 North Street; seconded by Councilman Gassman. All in favor, motion carried. A~coN---a--~~EL ~-NE~ Mayor Pro Tem Fallin suggested Council hold a work session on these guidelines. Council scheduled this for November 18th at 5:00 p.m. and to have staff invite the P & Z and HPC. APPNA~ ~_ CPC- -~C$RE - Am a t o Councilman Tuite moved to table the Amato Appeal to November 23, 1987; seconded by Councilman Gassman. All in favor, motion carried. REO~L~EET ~--~i~'`~~ _PA~K~~Ei)3 ~Afiifl~. _ F~~ - L i tt l e C1 i f f ' s Steve Burstein, planning office, told Council Cliff Little has requested waiver of the park dedication fee for the dwelling unit behind Little Cliff's bakery. Burstein explained the reason f or waiver of park dedication fees are for units that have been deed restriction to low or moderate income employee housing. Burstein told Council this unit is restricted to employees of Little Cliff's but does not have price restrictions. Staff cannot recommend in favor of this being waived. Burstein told Council the park dedication fee would be $750.00. Cliff Little told Council he will be paying rent to live in this unit. Mayor Pro Tem Fallin said these were previously dwelling units before the bakery was located here. Councilman Isaac said some bedrooms were eliminated on this site. Councilman Isaac moved that Little Cliff's not be required to pay the park dedication fee; seconded by Councilman Tuite. Councilman Gassman said if the fee is to be waived, it should be ensured that this remains employee housing. Little told Council this unit, if he moves, will be used for an employee of the bakery. This unit has a deed restriction to an employee of the bakery but not to the housing guidelines. Gideon Kaufman said it does not seem this project is creating more impact than was already there before. All in favor, motion carried. Nfl~---~A~~--6~E~---~Ji~SND __ G~NtP~-CONtMEi2~ IAL - ~UOT-~ Steve Burstein, planning office, reminded Council they discussed this two weeks ago. The request is to eliminate the quota from the Office, NC, SCI, CL and other zone districts. There were no competitions in those zone aistricts in 1987. Burstein said in 10 . _____ Wis. ~ E i ~cru~ c i l -_,_~ - _ pct obe--r - 2~6 . 19 ~7 1-ar--i~et~-rra~^--------_ ~ t __~.___~. the past Council has discussed the rationale for carrying over or for eliminating the quota considering if development should be encouraged in that particular category, evidenced by community need. Burstein said if there has been a fairly strong develop- ment in a particular category with no concern expressed for extra quota, further development may be inappropriate for the com- munity. Burstein said this year there has been a significant amount of development in the community without carry overs and there is no need to encourage more development next year. Burstein recommended Council direct the planning office to draft a resolution eliminating this quota. Councilman Isaac moved to charge the planning office to prepare a resolution eliminating the unused 1987 commercial GMP quota in the Off ice, NC, SCI, CL districts; seconded by Councilman Gassman. All in favor, motion carried. EL E~R3-~ U N~€~:f RQ~N~.7i r1G-- - S~~GI ice.`: S IT-E Chuck Roth, engineering department, told Council the staging site on the Marolt property should be cleared of all equipment and the site revegetated by October 30th, weather permitting. S-RN i~l~-R-A-T~S-Ff?R - -~`i~ i~ i E ~-~~N~ERG ROB NIII N~ Chuck Roth, engineering department, said Council had expresse d interest to pursue the possibility of providing some assistance to senior citizens living on fixed incomes for the project under- grounding the service connections. Roth told Council he worked with the senior citizens council and asked them to prepare a request to act on. This request is included in Council's packet. Roth pointed out the request indicates the senior council is interested in applying this to a larger scope than just under- grounding. Roth told Council it is already written into the Code that the water director and finance directors can get together an agree on practices for water rates f or senior citizens. Roth said as far as applying this to electric rates themselves, that will take a new ordinance. Roth said for the undergrounding project, staff is prepared to ask Council to provide assistance to senior citizens who meet qualifications and guidelines as proposed by the senior citizens council ana will be administered by the Pitkin County department of social services. Roth said the guidelines in the request are based on state levels. Roth recommended having the city pay f or qualified individuals out of the electric fund budget for 1988. Roth estimated this will be about $15,000 worth of hook ups that will qualify. Marty Ames told Council she worked with social services to develop these guidelines. Councilman Tuite said this is coming out of fund balance, not coming out of the underground- 11 Ike q l~r----l~e-e-t-i-n -- _ __ _ . _ _ _ A ._ 9 ---:~-_~__--_-~._~s_ .__ s~en_._City-_~~o-urrc_1.1._ ~:.=.Y.:~ Oct~b~r 2~ , 1--97 ing district. Councilman Tuite said this is a step in the direction of saving both the historic propertie~~ and the people who were born and raised in Aspen. Councilman Tuite moved to accept the senior services proposed guidelines administered by the Pitkin County department of social services and applied to the electric services underground district and to direct staff to include $15,000 in the electric fund 1988 budget to cover these expenses; seconded by Mayor Pro Tem Fallin. All in favor, motion carried. f}RD~~Ai'~E ~@-; --DER IE-~~- f~F ~ 13~~7 - Alarm Fee s Assistant City Manager Mitchell reminded Council at their budget hearings, they requested the police department t o increase the alarm fee charge for false alarms. This ordinance sets it at $50. Councilman Isaac moved to read Ordinance #50, Series of 1987; seconded by Mayor Pro Tem Fallin. All in favor, motion carried. ORDINANCE #50 (Series of 1987) AN ORDINANCE AMENDING SECTION 8-1/2-6 (a) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO INCREASE THE FALSE ALARM FEE FROM $10.00 TO $50.00 was read by the city clerk Councilman Isaac moved to adopt Ordinance #50, Series of 1987, on first reading; seconded by Councilman Gassman. Jim Moran, representing Westec, said he would like to see this tabled until he can meet with the police department and talk about this ordinance. Moran pointed out this ordinance places the burden on the licensee rather than on the consumer or person who has created the false alarm. Moran said if it is faulty equipment, it should be the alarm company's burden. If it is the homeowner who has not told someone the alarm is set, it should be the homeowner's violation. Moran said the reason the ordinance is not that way at present is because the fee is $10 and for the number of alarms, this could be absorbed. Moran said a proposal to increase it 5 times becomes a problem. Moran said there are some items he would like to disr.uss with the sponsors of the legislation anal can do that between now and second reading. Moran said he does not want Council to get committed to an increase without investigating the problems of where the burden should fall. 12 Regtxi-ar-Mee-t-i-ng ____._ --An a-C~~t~__C~ourrc,~~~y. - -Oct a-tr.~r. 26~ 19 7 Moran told Council the county is on an hourly basis, which does involve timekeeping. Moran said the alarm fee is twice what the police department estimates it costs to respond to alarms. Councilman Tuite said he would prefer to pass first reading and to have a report back from staff and from Moran for the second reading, and if adjustments need to be made, Council can make them. Mayor Pro Tem Fallin said the consensus is to pass first reading and if necessary table this at the public hearing. Roll call vote; Councilmembers Isaac, yes; Gassman, yes; Tuite, yes; Mayor Pro Tem Fallin, yes. Motion carra_ed. E~RD ~N-~id~--#~sl ;----5-~'~R3-~S -f1fi 3 ~-8 7 - Tula t e r Rate s Cindy Shafer, finance director, told Council staff does not have specific rates available. Ms. Shafer told Council staff has been working with the consultant on new water rates. The city published these rates in the newspaper in October. After that publication, staff realized there was an error in the program- ming language. Until the calculation from fixtures to ECUs can be made, there is no accurate way to determine rates. Ms. Shafer told Council staff is close to having ECU information, but there are other steps involved. Ms. Shafer said staff wants to be able to give Council a comparison of different types of information under both the old and new billing systems. Mayor Pro Tem Fallin moved to table first reading until November 9, 1987; seconded by Councilnlarx Tuite. All in favor, motion carried. L iO~T~--~,-i-C~i ~ 3'€~-A-I~SF`E,~R - Boogie ' s Dine r Mayor Pro Tem Fallin said this is a request to transfer a three- way liquor license at 534 East Cooper to Boogie's Diner. Bill Guest, representing the applicant, said they plan on serving lunch and dinner. This will be managed by Shlomo Ben-Hamoo. Councilman Gassman moved to approve the transfer of a three-way liquor license from the Hickory Wagon to Boogie's Diner; seconded by Councilman Isaac. All in f_avar, motion carried. I~UD~-~ i-e-Eid-HE•--R-~ EW ~ - Maestro ' s Fred Gannett, city attorney's office, told Council they must decide whether this is a renewal application or an applicatio n for a new 1 icense . If Council does not find there is good cause for considering this as a renewal, the applicant must resubmit a new application. Gannett said the state statutes make a provis- ion that the applicant must submit a renewal to the city clerk's office within 45 days of the expiration date. If the 13 Fre gtx~ a-r~-~M~e e-ti-rrg~'~ --- -- - e-n --G-i eo-nnc i_ _ - - -- ~ct-o~~e-r -2 6 - 1--g8- applicant does not comply, for good cause Council can waive this deadline. Gannett told Council the statues also say local liquor licensing authority may cause a public hearing to be held, f or which public notice must be given. Ashley Anderson, representing the applicant, said they would like Council to call this a renewal and to fi-nd that it is not necessary to have a formal public hearing. Anderson said a public hearing is not necessary and in most cases it does not happen that a renewal is an actual public hearing. Anderson said this is a small business and they would like to get their liquor license back and re-open as soon as possible. Anderson told Council Chris DiPietro has been in the restaurant in Florida for the last 15 years. Anderson told Council the renewal process in Florida is much less f ormal. Anderson told Council the city clerk's office did notify DiPietro early September that the renewal was due. There is some confusion as to when the renewal was due. The license states September 1st and the renewal states August 18th. Anderson told Council DiPietro has not been involved in a renewal process in Colorado before, and was not sure how to proceed and whether he had the renewal form. The city clerk's office also sent a form to Maestro's for renewal. After a second phone call from the city clerk's office, DiPietro sent over the form and the check. Anderson tol d Council the city attorney' s office was then contacted because of the lateness of the renewal application. Anderson said this was not intentional; the applicant made an honest mistake. Anderson told Council Maestro's has been not serving liquor since last week. Anderson said this restaurant is excellent, an attribute to Aspen and should be kept open. Chris DiPietro said this was his fault due to some confusion in paper work. Anderson said he would like Council to find this is a renewal and to get this approved tonight. Councilman Isaac asked how many restaurants are late in submitt- ing their renewals. City Clerk Kathryn Koch said this is not a common occurrence. A few restaurants do not make the 45 day deadline. Gannett said the other issue in this renewal is the question the back of the application regarding a conviction. Anderson told Council the question is whether an applicant has been convicted. Anderson told Council DiPietro was convicted of a felony offense. Anderson said DiPietro is vigorously appealing that conviction and until the appeal has been exhausted, this is not a final conviction. Gannett said this was a conviction; the question is whether it is a final order. A final order is stayed until the appellate process is satisfied. Gannett said the applicant was convicted of a crime, and the representation made on the application was false . 14 Re-Q u~i-ar_-M.e-e t-n.g-._~ -._-_ __.. _ ___-. ---A~,~'~-Coun~~i_i -. -- _.__ -_ .Oct o-b~e r ~ 6 : - 3 9 87 Councilman Gassman asked for a definition of "good cause". Gannett said this is not defined ire the statutes but opined it is a reasonable explanation based on all the facts in the lights most favorable to the city. Gannett said that is that the applicant has the obligation to f ulf ill the letter of the 1 aw, which is to have a renewal application submitted to the city clerk's office 45 days prior to the expiration of a license. Gannett said the city did not receive an application for 60 or 70 days after the deadline. Councilman Isaac asked if Council is allowed under state statutes to issue a liquor license to someone who has committed a f elony. Gannett said Council is and read f rom public employment el igibi- lity. Gannett said this is one indicia upon which the Council can reflect in terms of whether an applicant is someone who should hold a liquor license in the city. Councilman Tuite asked if the applicant would change his answer to the question. Anderson said they are willing to answer "yes, subject to appeal". Anderson told Council there has never been complaints about serving to minors at Maestro's or about fights. Maestro's is a high quality operation; the rent and bills are paid on time. Anderson said DiPietro works hard on this business. Anderson reiterated they are appealing the felony conviction. Mayor Pro Tem Fallin said she f eels the time element is enough not to renew th i s 1 icense. The clerk' s office phoned the applicant. Mayor Pro Tem Fallin said ignorance of the law is not a persuasive enough argument. Mayor Pro Tem Fallin said when someone opens a liquor license business, it is assumed they will learn the laws of that state . Mayor Pro Tem Fallin moved not to renew the 1 iquor 1 icense; seconded by Councilman Isaac. Gannett told Council the city received the renewal application on October 16th. This renewal was referred to his office October 19th and he drafted a cease and desist order notifying the applicant he did not have a liquor license and had to immediately suspend operations at the restaurant. Councilman Isaac said if there were just one item, lateness of the application, he could live with that. Councilman Isaac said there are other items involved, like the felony charges. Councilman Gassman said what is relevant here is applying for a license, and he has a hard time holding all the restaurant s in town subject to a standard except one. Councilman Tuite said this is a severe economic impact not to be serving liquor. 15 ~e-atxl-ar---M~eet~i-rr~r-.-.-------------_.__ _,_Aspen -~ty- -~ourr~~i~_ __ . _ __ _. October 26 L ._1-87 Don Fleisher said Council is discussing approval of a liquor license they have seen in operation for 12 months. Fleisher said during that 12 months, the business has operated with high integrity. Fleisher said there has been no law enforcement needs at the restaurant, the restaurant is extremely clean. Fleisher said the entire operation meets the standard Council expects from someone they license. Bill Keating, landlord of Maestro's, told Council this business has always paid rent on time. Keating said DiPietro runs a clean restaurant with good quality food. Keating said the restaurant serves a purpose to the community. Larry Lederer told Council DiPietro pays all his bills on time. Lederer said DiPietro has invested a lot of money in leasehold improvements, and it would be a crime to lose a license over a technicality. Mayor Pro Tem Fallin said if the renewal is not approved, the applicant could apply as a new 1 iquor 1 icense and come back at the next meeting for a hearing. Councilman Isaac and Mayor Pro Tem Fallin in favor; Councilman Tuite and Councilman Gassman opposeca. Motion NOT carried. Councilman Tuite moved to approve the liquor license renewal of Maestro's; seconded by Councilman Gassman. Councilman Tuite said Council is considering the matter of time, and denying the renewal is a pretty severe penalty. Maestro's has already not been serving alcohol for a week. Anderson pointed out Maestro's will still have to receive a license and will be closed for a few more weeks. Anderson said this penalty is out of proportion for what happened. Mayor Pro Tem Fallir~ stated all other businesses in town make an effort to renew their licenses on time. Anderson said Council should make an exception for people that are late. Councilman Tuite and Councilman Gassman in favor; Councilmar~ Isaac and Mayor Pro Tem Fallin opposed. Motion NOT carried. iN-SDE---E~~~~~~E-~ - Elyse E11 iott' s Air Transport Assistant City Manager Mitchell told Council he spoke with the city's insurance. Of the $12,000 previously mentioned, about $4500 is associated with the air ambulance. Mitchell told Council the remainder appear to be legitimate expenses but the insurance company could not verify that yet. Mitchell said only $500 of air ambulance costs will be paid and the amount in question not covered will be $4,000. Mitchell told Council staff is not in a position to make a recommendation to Council to go beyond the insurance 1 imits. Mitchell said there has been a trust fund sent up for Elyse's expenses. There also may be some other insurance to cover expenses. Mitchell told Council staff would like to keep this discussion open f or further developments. 16 Re~q~x~a-r---M~e t i ----~------- --- ~ rr--C i t C-o~unci -- -._ --- - -- 6ct-~o-be r _ 2 61_ _l 9-57 __.__._.._.~g"---- =tee µ__.__y_.:_._.___.___,_,l.~ Mitchell said the issue is setting a precedent and going beyond the insurance limits. Councilman Gassman asked where this money would come from. Mitchell said the city has money set aside to pay claims. Mitchell said staff will bring this back to Council when all the issues are resolved. B~RI'~ 3-i~ --Fi~I-Rf3i~FM~fiT~A~ - _ IM~A~3` --ST~}Di' Mayor Pro Tem Fallin said Council previously appointed Glenn Horn of the planning office to this; he is monitoring it and going to all the meetings. There is no reason for this to be on the agenda. RE~O~~`I{}Id - #-~6 :--5~3-~~ -(?~~'--~ 9-87 - C a 11 i ng Special E 1 e r. t i on City Attorney Taddune requested Council pay particular attention to the wording of the question to be submitted to the voters and that they are sati sf ied this incorporates what they want sub- mitted. Mayor Pro Tem Fallin asked that there is no way this question does away with the entire serial levy tax. Assistant City Manager Mitchell said under the new valuation at a 1.5 serial tax levy will generate $313,000; to generate the same amount of revenue when this tax was passed, the mill levy would be reduced to .649 and generate $135,700. Mitchell said this will not exclude new development or annexed areas. Councilman Gassman asked if the question could be simpl if ied. Taddune said in writing ballot questions he tries to make them concise but get all the legal points in the question. Taddune told Council he wrote this question in the positive; if people vote yes, it is to retain the 1.5 mill levy. Taddune said Council could continue this meeting and re-write the election question. Taddune said the question had to reference the original special election, include the levy of 1.5 mills and the assessed valuation. Councilman Gassman moved to adopt Resolution #26, Series of 1987; seconded by Councilman Tuite. Councilman Isaac said he does not f eel this is an item that has to be extended to the voters. There is an increase in the amount of revenue the city will be receiving because of the re-evalua- tion. Councilman Isaac said Council can get the comments of the community through a public hearing process rather than through the election process. Councilman Tuite said Council does not hear from a lot of people at a public hearing. This serial levy was put to the voters before. Councilman Tuite favors the election for credibility. Councilman Tuite said the city needs the money, and he is prepared to tell voters this but it is a matter of trust. Councilman Isaac said the city recently approved a special improvement district for South Mill and Galena at a cost of $125,000. 17 Re-g-tz-l~r--Meet-inc~-__---_.--- -- - -As -rr _ ~ __~_l t,~_ Crnxrrc-ir.=..~~ - _ O-ct-orb-e r 2-6 . - i 9$7 All in favor, with the exception of Councilman Isaac. Motion carried. Mayor Pro Tem Fallin moved to continue this meeting to 4 p.m. October 27, 1987, to discuss the wording of the ballot question in Resolution #26; seconded by Councilman Gassman. All in favor, motion carried. E?R~3~d~~-#~i ~Ei~~S __@~`--i 9$~7 - One E1 ect i on Precinct Councilman Tuite moved to read Ordinance #49, Series of 1987; seconded by Mayor Pro Tem Fallin. All in favor, motion carried. ORDINANCE #49 (Series of 1987) AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF ONE (1) PRECINCT FOR THE MUNICIPAL ELECTION Z'0 BE HELD ON DECEMBER 8 , 19 87 , AND SETTING FORTH THE DESCRIPTION OF THE PRECINCT was read by the city clerk Councilman Tuite moved to adopt Ordinance #49, Series of 1987, on first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, no; Mayor Pro Tem Fallin, yes. Motion carried. Mayor Pro Tem Fallin moved to continue the public hearing on the 1988 budget to November 9, 1987; seconded by Councilman Tuite. All in favor, motion carried. E~R-gi-NAN~E~--#~s2~: B-BRiE~~--flF~~-~~~7 - Conveyance of an Alley, Block 21 Gideon Kaufman, representing the applicant, told Council there is property that has been in possession by the owners f or ge nega- tions. They are in the process of conveying this property out and there are questions on a 1959 deed. Kaufman said in order to clarify the city has no interest in this alley and to convey the alley, it is recommended to do this through an ordinance. Kaufman said it is the feeling that th~.s property should be in the ownership of the people who have been using it for many years. Kaufman told Council there are houses in this alley and the alley goes into the river. The alley shows on a map but has never been utilized. There are no utilities in this alley. Councilman Gassman moved to read Ordinance #52, Series of 1987; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #52 (Series of 1987) 18 Rerg_txl-ar--Me~trrrna--___.____~. _--- _A~---C~~t~_-Cotmc -_. _ ._ ~ __ ~ _. AN ORDINANCE TO CONFIRM, RATIFY AND ACKNOWLEDGE THAT THE DEED FROM THE CITY OF ASPEN TO ARTHUR W. MIKKELSON DATED DECEMBER 31, 1959, AND RECORDED IN BOOK 189 PAGE 442 OF THE OFFICIAL RECORDS OF PITKIN COUNTY, COLORADO, CONVEYED ALL LANDS LYING WITHIN THAT PARCEL, TRADITION- ALLY KNOWN AS BLOCK 21 , EAST ASPEN ADDITION, WITHOUT RESERVATION OF AN ALLEY was read by the city clerk Councilman Tuite moved to adopt Ordinance #52, Series of 1987, on first reading; seconded by Councilman Gassman. Roll call vote; Councilmem hers Isaac, yes; Tuite, yes; Gassman, yes; Mayor Pro Tem Fallin, yes. Motion carried. PRQ~P6-S-E~-- A-i~i~~fiH~i?i~'i` _ ~'6 _ - R~E Bf 1I; UT I ©N- - # 2'4 Joe Wells, representing the applicant, told Council they proposed to deal with their employee housing with a provision that if an applicant can demonstrate no increase in employees over a period of time, he has no obligation. Wells told Council the way this is typically handled is to provide the housing office with an affidavit documenting the number of employee hours worked in a previous year. At the end of a certain period the applicant provides a second affidavit stating the level of employment during that period. Wells said Gordon's has always been told by the housing office that an appropriate period was one year, a.nd that was included in the application. Wells said the planning office was under the impression that the housing office' s policy was two years. Wells said Cordon's has agreed to the same thing as everyone else or to a year. Well s told Council following Council' s approval, the applicant spoke with the housing office who asked for an affidavit based on one year, which was signed and presented to the housing office. Wells said the housing office is concerned as Council's resolu- tion of approval states this period will be two years. The concern is that the affidavit covers one full year of employment. Wells proposed to use the one year period for the affidavit after the issuance of a certificate of occupancy, around the first of 1988, and compare this to the prior one year period. Wells proposed a language change to paragraph of the previously adopted resolutior_. Councilman Isaac moved to an-enc~ paragraph 8 of Resolution #14, 1987, to read "cash payment shall be made by the applicant to the housing office of the equivalent of 100 percent of all new employees generated based on two affidavits provided to the housing authority to verify the number of employees at the restaurant. The first affidavit shall verify the number of employees in the year prior a.nd the second affidavit shall verify 19 F~egu-l-ar-M~eet-i-rrcr---_- ___. ___ _ :A~en. ~t~~ C~unc~_~.~.._::_ ~~_:~_Oct~a~.b_~-r _-2~6 : -~Z g~7 the number of employees in the year following the issuance of a certificate of occupancy for the proposed addition"; seconded by Councilman Tuite. All in favor, motion carried. ~:E~?HES~ -~'6R~--Eid£~f~A~H~ME-ItIY' - Hol de n Jay Hammond, city engineer, presented photographs showing the proposed encroachment. The encroaching structures are tw o railroad tie retaining walls that extend into Park avenue, right opposite Dale avenue. Hammond told Council staff solicited comments on this encroachment from city and county departments and RFTA because this is on a bus route. Hammond said staff received no negative comments from any agency. Hammond pointed out this section of Park avenue is narrow but it is sufficient for two-way traffic. Hammond said an encroachment license clarifies to city's ability to require removal of the encroach- ment if Park avenue were to be widened. Hammond recommended approval of this encroachment license. Mayor Pro Tem Fallin. moved to grant an er~craachment license for the property located at 290 Park avenue; seconded by Councilman Tuite. Councilman Isaac asked if the city is considering making Park avenue one-way. Hammond said staff has discussed this. Park avenue is barely adequate for two-way traffic. The city has posted additional signs, placed a stop sign at Regent and Park, which has improved the situation on Park. Hammond tole Council he investigated records of accidents in this area, and found there is no significant link between the narrow section of Park. The city would recommend staying with two-way traffic in thi s area. All in favor, motion carried. Councilman Isaac requested the liquor license renewal far the Copper Kettle be taken off the consent agenda. Councilman Isaac said he has had a number of complaints about the operation of the Tipple bar and would like the owner to be present to discuss these concerns. Council requested this discussion be placed on the November 23rd agenda. Councilman Gassman said unless there are specific complaints, this may be a waste of time. Councilman Isaac said there are some legitimate complaints. Councilman Gassman moved to approve the cansent agenda; seconded by Councilman Tuite. The consent agenda is Minutes - September 28, 1987; Liquor License Renewals - Hickory House; Of Grape & Grain; Weinerstube; Bentley's. All in favor, motion carried. 20 . _ __ _ --t)ct-obre r _ 2 6 .- 1-9 ~7 R~gtx3~-i~e-e-t~.-r~ -_ __. __ .,_ .__. _ .__ __. _p~.~.^e 1~, - -C o-u rrc~1. - _ The Council meeting is continued to October 27 , 19 87 , at 4:00 p.m. Council left Council Chambers at 8:40 p. m. ,. Kathryn S. Koch, City Clerk 21