Loading...
HomeMy WebLinkAboutminutes.council.19871123Aspen City Council Regular Meeting November 23, 1987 EMPLOYEE BONUS AWARDS 1 ORDINANCE #47, SERIES OF 1987 - Growth Management Quota System Amendment 3 ORDINANCE #50, SERIES OF 1987 - False Alarms 5 ORDINANCE #53, SERIS OF 1987 - Amending the Fireplace Code 6 ORDINANCE #56, SERIES OF 1987 - WAPA 7 ORDINANCE #58, SERIES OF 1987 - Castle Ridge Contract Amendment 7 RFTA SUPPLEMENTAL APPROPRIATION 8 LOT SPLIT - Marshall 9 1988 BUDGET/CAPITAL BUDGET 10 HADID ASPEN MOUNTAIN LODGE SCHEDULE 11 LIQUOR LICENSE RENEWAL - Copper Ket~~e 14 DORMITORY HOUSING SITE SELECTION 16 ORDINANCE #59, SERIES OF 1987 - Iselin Parking Lease 19 REQUEST FOR ENCROACHMENT - C Associates Building 21 ORDINANCE #60, SERIES OF 1987 - Appropriations 22 ORDINANCE #61, SERIES OF 1987 - Vested Right Legislation 23 ORDINANCE #57, SERIES OF 1987 - Tow Fees 24 ORDINANCE #62, SERIES OF 1987 - Designating 215 W., Hallam Historic 24 ORDINANCE #63, SERIES OF 1987 - Amendment to MEAN Contract 25 PROPOSAL TO LEASE RED ROOF INNS - Aspen Skiing Company 25 ELLI' S 28 33 Aspen City Council - --Regular Meeting November 23. 1987. Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Isaac, Tuite, Fallin and Gassman present. EMPLOYEE BONUS AWARDS Mayor Stirling said in 1986 the city began a new quarterly bonus program that honors employees who have done an outstanding job. Kim DiSalvo, police department, was nominated for volunteering to assist with the Public Safety Council and for her assistance with the completion of a new disaster plan. Ms. DiSalvo was presented a check and plaque by the Council. Patti Baker, finance depart- ment, was nominated as she volunteered to "wear many hats" in the department as well as performed her routine responsibilities accurately and efficiently. Ms. Baker was presented a check and plaque by Council. Susan Hawks, Data Processing Department, was nominated for the exceptional manner in which she provided CEO training and opera- tional services as well as the extra time she spent in the implementation of CEO. Ms. Hawks was presented a check and plaque by Council. Dominic Lanese, golf department, was nomin- ated f or his willingness to accept additional responsibilitie s, and as a result of this effort the city was able to complete golf improvements and to purchase a grinder from budgetary savings. Lanese was presented a check and plaque by Council. Rich Rianoshek, chief of police, told Council Gary White, nominate d f or this award, completed a most impressive piece of investigative work. Rianoshek told Council very few people would have stuck on an investigation for three and a half years and gone through what it is necessary to resolve a case like this. Rianoshek told Council White has lived through this investigation and carried the emotional burden of a murder investigation. White invested an enormous amount of time of his own on this investigation. Council presented a check and plaque to Gary White. CITIZENS COMMENTS 1. Lee Miller thanked Council for their efforts on Ordinance #41, the Galena and Mill street improvements. Miller informed Council all the homeowners associations have voted 100 percent in favor of voting assessments on themselves. Miller told Council he is in the process of collecting these assessment to remit to the city January 1988. 2. Ed Cross told Council last summer he purchased a 20-punch golf pass. Because of a variety of reasons, he found he was not able to use the pass. Cross told Council he contacted the 1 Aspen City Council Regular Meeting. NQyember 23~ 1987. recreation department requesting a credit toward the coming season. Cross said the only reason refunds are given are for medical excuses. Cross said he feels credit for the next season is a reasonable request. Mayor Stirling said people do not requests refunds for their ski pass non-use. Cross said the golf course is owned by the citizens of the community, and this should be resolved in favor of the citizens. Cross told Council he petitioned the recreation department for a credit when he had not used one single punch. Mayor Stirling moved to refer this to the city manager and have him report back to Council December 14th; seconded by Council- woman Fallin. All in f avor, with the exception of Councilman Isaac. Motion carried. 3. Tony Dumas told Council a formal proposal was put forward this morning for the Red Roof Inns. Dumas said he would like it included in the discussion of VII k). City Manager Bob Anderson told Council the city also received an offer in the mail from someone willing to put in a cash offer if they can use the property this winter. Anderson recommended these all be con- sidered under the Skiing Company's request later on the agenda. 4. Craig Ward said he thought the trails contract between the city and the Nordic Council was going to be on the agenda. Ward said the insurance the city is going to use for the trails system has to have a contract signed before they can issue certificates of co-insurance to the landowners and the Nordic Council. Cindy Shafer, finance director, said this is a 1988 budget item and did not see the urgency of the issue. Mayor Stirling suggested dealing with this at the December 9th budget hearing. City Manager Bob Anderson said he is not sure the contract is in final order. Mayor Stirling asked staff to see if there is anything that can be done in the interim. COUNCILMEMBER COMMENTS 1. Councilman Gassman said the city sanded the streets at the beginning of last week. The last 4 days have been in the 40's and nothing has been done about picking up the sand. Councilman Gassman said this issue is something Council is unanimous on. Councilman Gassman pointed out last week Council was told that street sanding is 32 percent of the PM 10 pollution. Councilman Gassman said nothing has happened about cleaning up the sand; there was no problem with the water freezing; the snow was melting. Councilman Gassman appealed to the staff to get this going. City Manager Bob Anderson said he will c heck this out with the streets department. 2 Aspen -City Council Regular -Meeting -November 23, -19-87 2. Councilwoman Fallin suggested on the agenda that all the first readings of ordinances be grouped together somewhat similar to the consent agenda. Mayor Stirling said there is always Council discussion on a first reading, possibly to amend the ordinance. Councilman Isaac said he would prefer to leave the agenda the way it is so that Council can have discussion on first reading and there is more community awareness on ordinances on first reading. Councilwoman Fallin questioned if the city needs as many ordinances as they have. Council requested this be a discussion item on the next regular meeting. 3. Councilman Isaac said he is putting his support behind having it snow. It is now time. 4. Councilman Tuite said there has been discussion about Elli's and he would like to move it from the Information Items to Action items. Councilman Tuite moved to have Elli's as VII 1); seconded by Councilman Isaac. All in favor, motion carried. 5. Mayor Stirling said the CCLC has made an appeal to the chief of police about parking in the off season. Mayor Stirling concurs with this recommendation and feels the city has to restrict parking in the off season. Councilmembers Fallin and Gassman agreed with this recommendation. 6. Mayor Stirling acknowledged the work of the Cantina. Mayor Stirling reminded Council the Cantina requested a street closure to have a benefit for the hospital . Council denied that request and recommended they hold the benefit at the Cantina. Mayor Stirling said the Cantina recently held a benefit for the hospital at their restaurant. It was a big success and Mayor Stirling passed on accolades to the Cantina. 7. Mayor Stirling suggested in the next 6 to 10 months Council consider doing something special for Elizabeth Paepcke. Mrs. Paepcke is the founder of modern Aspen and will be 85. Mayor Stirling said he would like Council to talk about specific things the city might do. 8. Mayor Stirling acknowledged the life of Red Rowland and his tremendous presence around town. Rowland brought a lot of spirit and goodwill to the town. 9. Mayor Stirling asked if the Rubey Park building was deducted from the commercial GMP allocation. Alan Richman, planning director, answered this is an essential community facility and was not deducted from the GMP. ORDINANCE #47 , SERIES OF 1987 - Growth Management Quota System Amendment 3 Aspen City Council R~aula~ Meetr~a-- -- Novemb~,r 23-. - 1987, Alan Richman, planning director, reminded Council this was tabled tw o weeks ago at the request of the city attorney in order to prepare legislation to deal with vested rights. Richman told Council staff thought the vested rights may have an impact on this ordinance; however, it has only minor effects but staff wanted to make sure the two ordinances worked together. Richman told Council this is a request to change the GMP expiration provision because of the effect of expiration on land sub- divisions. Staff evaluated the problem of the way these provis- ions effect land subdivision and determined it was not the purpose to try and f orce development into building to avoid the expiration of GMP growth allotments. Richman said staff also determined it was not the city's purpose to perpetuate specula- tive projects. Richman concluded there needs to be some form of expiration provision in the code. Richman told Council the vested rights legislation pointed toward recommending a procedure in compliance with the new state law which states one has three years f rom the date of f final approval of site specific development plan to pursue the development. The recommendation to Council is to treat land subdivisions different from multi-family, commercial and lodge projects. Richman pointed out that single family-type subdivision have a substan- tial investment in the property by the initial owner who t hen sells off lots to people who needs to know they will be able to build and not lose the development rights. Richman said in these cases, the owner can request permanent exemption from the 3 year expiration provision, based on the determination that the project is in compliance with its subdivision agreement and has been met the conditions that was imposed on it and has installed the requirement improvements. Richman said for multi-family, commercial and lodge projects will not have the ability to request exemption but will have the ability to request extensions. This deals with single buildings that have significant impacts on the community. Richman said in these cases, Council needs to make determinations whether it is in the community's interest to extend an approval beyond the 3 year period. Richman said the ordinance contains criteria f or extensions, which are quite similar to what is in effect presently; due diligence and that conditions are being met and improvements are being installed. Gideon Kaufman questioned (cc) in the criteria for exemptions, which states "sale of some or all of the lots has occurred, or that circumstances which coul d not be controlled have prevented any sales from taking place" . Kaufman said when a developer complies with all requirements imposed upon them and spends money to make all the improvements, and economics dictate when the 4 Aspen -City- C-oun~il Reaular~ Meeting - N~v~mber 23. -197 lots should be sold, an applicant should not have to argue w by they have chosen not to sell the lots. Kaufman said this is an economic decision. Kaufman said he feels (cc) is a burden f or which there is no benefit. Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Richman told Council (cc) is least significant of the 3 criteria. Richman said the reason (cc) is in the ordinance is that this is granting a permanent exemption from the expiration provisions and the community may want as much information to make that decision as possible. The community may want to know, if no lots are sold, what the market condition is. Councilman Gassman said he does not care if the lots have been sold as long as all the conditions have been met. Kaufman said (cc) is a very subjective criteria, and the detrimental aspect of it outweighs the bene- fits. Councilman Gassman moved to delete (cc); seconded by Councilman Tuite. Councilman Tuite said when lots are approved, the city thinks they are coming on line. Nothing happens, an allotment of the GMP has been used up, no new revenues sources have come in. Councilman Tuite said if the city is going to re-evaluate GMP, the city needs what has been approved to be built in a fairly short time to be able to see the impacts. All in favor, with the exception of Councilman Tuite. Motion carried. City Attorney Taddune pointed out he has used the term "site specific development plan" which is a concept included in the vested right legislation and defined in the ordinance. Councilman Isaac moved to adopt Ordinance #47, Series of 1987, as amended on second reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. QRDINANCE #50. SERIES OF -1-9$7 - False Alarms Mayor Stirling opened the public hearing. Tom Dalessandri, police department, requested this be tabled to January 11, 1988, in light of continuing discussion with the alarm companies. Councilman Isaac moved to table Ordinance #50, Series of 1987, until January 11, 1988; seconded by Mayor Stirling. 5 Aspen City Council ------------Reau-tar Meet~na November ~-3. -i98-7 Councilman Gassman said during budget hearings, Council all thought this was a good idea. This keeps getting tabled because the security companies do not think it is a good idea. Council- man Gassman said he would be in favor of passing this. Council- woman Fallin said during budget time, Council was all in agree- ment to raise the fees because they thought they were too low. Councilwoman Fallin said she is only willing to table this until the next regular meeting. Dalessandri told Council during the conversations, it has been discussed to have the city do the billing. Staff is going to research some other cities that do the billing. Dalessandri said the sheriff's department works on an hourly basis f or their alarms. The police department changed from an hourly to a flat rate. City Attorney Taddune said the alarm companies have a lot of statistics and model ordinances from other communities. Dalessandri said the police department's position is strong but they are willing to listen to alterna- tives. Councilman Isaac moved to amend the motion to table this to December 14, 1987; seconded by Mayor Stirling. All in favor, with the exception of Councilman Gassman. Motion carried. ORi?II~fi~NC~---~#5~~~~--S-E~2IS --fly`- x9-87 - Amending the Fireplace Code Lee Cassin, environmental health department, told Council the existing woodburning law in the city allows every building to have one fireplace and one certified stove. This ordinance would bring the city law the same as the county so that people can install an extra device by buying up other people's right. Ms Cassin said there has been interest in extending this law into the city. Mayor Stirling opened the public hearing. Gideon Kaufman said he thinks this ordinance is a good oppor- tunity for people until the city decides to take more drastic measures relating to fireplace pollution. Kaufman said with the 3 to 1 off set in the county, it may not be a large improvement but it is beginning to make a dent. Kaufman said the city has nothing to lose by this ordinance. Bil Dunaway said the Clean Air Advisory Board just changed their policy to allow gas logs in the variance, and asked why this is not in the ordinance. Ms. Cassin said in order to obtain a v ariance, people t o have t o apply to the CAAB, demonstrate they have removed 3 times more pollution than they have added and that there is a net public benefit. Ms. Cassin told Council the CAAB has decided to let someone sell their rights to a fireplace they have not put in yet. A person can deed restrict a new house without a fireplace and get credit for it. Ms. Cassin told Council if people want 6 Aspe-n--pity--C-o-un-c-i_r_ _-___.-.___------- Regular _-i~i~_etina- - _ November 23. _1987 extra fireplaces, they can get a variance but they have to put gas logs in it. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #53, Series of 1987, on second reading; seconded by Councilman Tuite. Councilman Tuite asked how this ordinance will be enforced. Ms. Cassin said the environmental health department is keeping a record of all people allowed to put in an extra fireplace, where in the house they put it. They keep a record of everyone who has sold their right to a fireplace. The environmental health department does not have a program to go out and inspect. The properties are deed restricted. A person who sells their rights has to show a picture or give proof of that. Ms. Cassin told Council they have implemented a permit procedure for every woodburning device that is installed. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Fallin, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. Oi2D I I~A~G-~,` __#.~6_ ~ ---SCR ~E ~- --fJ~'-- -i g~8 7 - WAPA Assistant City Manager Mitchell explained this is a contract to purchase about 5 percent of the city's power needs from Western Area Power Association. This power will be at least 40 percent less than what the city is paying MEAN. 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 #56, Series of 1987, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Gassman, yes; Fallin, yes. Motion carried. ORI}iNANCE-#58----uERIE-S---f7F---19`8-7 - Castle Ridge Contract Amendment Assistant City Manager Mitchell said Castle Ridge Associates is requesting to amend exhibit H to the contract. This deals with the operating expenses which are used to calculate the rent increases. Castle Ridge Associates is not requesting that Council deal with the rent increase in 1987. They will adhere to the contract, which requires them to apply for a rent increase in April of the year and have this increase effective in July. Mitchell said in looking at the long term effect of the contract, there appears to be some cash flow problems for the owners and if rents continue to increase at 6.4 percent, the rents will be equal to the maximum of the housing guidelines. Mitchell told 7 Asn-en- ~-itv--Eourrc-~i- --- --_ _.__._ ____ Re-aul_ar_-Me~-t-ina -_ _..__._.Movenrb~r 23-.,_ ..1.98-7 Council between now and April, staff will be working with the housing authority and with the owners of Castle Ridge to come up with amendments to the contract to deal with the long term issues of making Castle Ridge affordable and making it reasonable for the investors to keep the project and to maintain it as employee housing. Mitchell recommended this amendment be approved and staff will continue to work on the long term solutions. Councilman Tuite said the situation is that everyone wants the rents to be affordable yet they want the project to be main- tained. Councilman Tuite said there are cash flow problems, and it makes it difficult to put improvements in. Councilman Tuite said after reviewing the entire contract, he can recommend approving exhibit H, but the entire contract will have to be examine d again. City Attorney Taddune said the amendment will require, and the owner has agreed to, a reserve and replacement fund to be set aside and all expenditures will be run through that account. Mitchell said the owners will either spend the money or will set it aside in escrow in order to calculate the rent increases in 1988. Mayor Stirling opened the public hearing. Julie Peters, tenant, said they will agree with the amendment to exhibit H, provided they can be sure that a reserve and replace- ment schedule is set up. Councilman Tuite said this is a mechanism where the owners can set money aside f or improvements that will be needed in the future. The owners will get benefit if restricting that money's use so they can get rent increases. Councilman Tuite said and R and R schedule is being worked out with the owners and the housing office. Mayor Stirling closed the public hearing. Councilman Tuite said in order for the owners to get the rent increases they need, money will have to be put into the project so the owners will benefit. Councilwoman Fallin said one concern she has heard was the on-site manager. Councilwoman Fallin urged the owners look at hiring someone from the community with a commitment to the community to be the on-site manager. Tom Lacy said he would be willing to look into this. Gene Zafft, repre- senting the owners, told Council they do have a couple living on- site . Zaf f t said they also hope with the involvement of the housing authority there will be an improvement management situation. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. RFTA__ -S~JFP~RMRi'~TA-~ ~FFR{?FR3AT~Ifli~1 8 As~aen-~~~it-y--~arrc~-il-----------_.______. __Req~rl~ar-~eeting__ __..-_MovenYbe~ 23,-19-87 Bruce Abel, general manager of RFTA, presented a supplemental appropriation resolution, which is a housekeeping item. Abel said the city has requested RFTA do the improvements to the alley as part of the Rubey park project. Abel said it is necessary to appropriate revenues from the city and expenditures for th i s project . Abel tol d Council early in the project it became apparent it would be appropriate to remove the trees off the site and replace it with new landscaping. Abel said this resolution also incorporates the contributions from Hadid Aspen Holdings to refund part of the transportation study. Councilman Tuite asked if the city has replaced Guido's fence. Abel said it has not been replaced. The project is on hold for the alley work due to weather. Councilman Tuite said he would like the fence repaired regardless. Councilwoman Fallin moved to approve the supplemental appropria- tion for RFTA; seconded by Councilman Tuite. All in favor, motion carried. Lf~ HPL~ - Marshall Glenn Horn, planning office, told Council this is an application for subdivision exception to create a lot exempt f rom growth management. The existing parcel is about 13,000 square feet. This parcel is located on Lake avenue overlooking Hallam lake. Horn told Council the parcel is heavily wooded and has a small Victorian house on it, which is historically designated. Horn said the pertinent issue is the impact on Hallam lake and the adjacent property owners. Horn told Council staff has worked with the applicant in setting a complete building envelope on the newly created parcel and a partial building envelope on the existing parcel to protect Hallam lake and the neighbors. Horn pointed out there are a lot of trees on the parcel, which the applicant has committed to replanting or replacing. The appli- cant has also committed to take a new house on parcel 2 through a voluntary review of HPC. The applicant has met with Hallam lake representatives, who has added conditions or the approval. Based on the setbacks, the building envelopes and the conditions outlined, P & Z and staff both recommend approval. Jane Ellen Hamilton, representing the applicant, told council the applicant acceded to every request from Hallam Lake. The applicant has also voluntarily increased the setback quite significantly from what the Code requires. Ms. Hamilton said the applicant will commit to relocating the trees that will have be to taken out to build the building. Mayor Stirling opened the public hearing. Mayor Stirling read into the record a telegram strongly opposed to this lot split 9 A~~e-n -~rtv---e-o~xnoi l--_ .__ __----- - - -- ___Re au l-a r _ -M~-e-t i~g _ . - l~ov-em be r..... 2 3 . _._ 1-9 8 7 from Victor Lundy. Bill Martin asked if the present home is to be destroyed. Mayor Stirling said the house is a historic landmark. Ms. Hamilton said the applicant has no intentions of destroying the house. Councilman Gassman said he does not see a building envelope on parcel 1. Horn said the applicant has agreed to limit the setback on the rear yard to 20 feet. Horn said he discussed with P & Z a front yard setback to maintain the existing front yard. P & Z did not support the recommendation to set the front yard setback in excess of the existing code. Horn said it is doubtful there will be an addition on the south side as there are 3 tremendous cottonwoods which set the tone for the whole parcel. Horn said it is unlikely the applicant would be permitted to remove those trees. Mayor Stirling suggested adding a condition to preserve the existing front setback and the south side setback. Councilman Gassman moved to add condition 9 that an addition to the existing house not encroach into the sideyard more than it does and not encroach more to the south than it does on parcel 1; seconded by Mayor Stirling. All in favor, motion carried. Councilman Isaac said it is unfortunate what has happened along Lake avenue. There has been a lot of development along the street. Councilman Gassman said he does not want to approve something in excess of the new R-6 regulations. Horn said t he development will be subject to the new FAR regulations. Mayor Stirling closed the public hearing. Councilman Isaac moved to approve the Marshall subdivision exception and growth management exemption for the purpose of creating 2 lots with the 9 conditions listed in the planning office memorandum; seconded by Councilman Tuite. All in favor, with the exception of Councilwoman Fallin. Motion carried. 1-98$ BDDGE~'/~A~~PA~--SI~DGET Mayor Stirling said this public hearing will be continued to set the mill levy to December 9, 1987. Mayor Stirling opened the public hearing. Doug Carlson presented a proposal prepared by Dick Butera as an alternative to spending 550,000 on consulting fees for the parking structure. The proposal shows a 3 story parking garage on the Rio Grande property that has as an alternative 24,000 square feet on top to be used for city/county offices. 300 parking spaces could be provided in this parking garage. Council suggested this be discussed December 9th. Mayor Stirling asked if the storm drainage for 1989 includes the west end and Smug- 10 Aspen -~i-tv---~oum~il------_-------.__-__-._-R+~atrl_a.r _~e~e-t-iTrg -- - -Nov~mb-er --_23 , .1~-987 gler. Cindy Shafer, finance director, said this includes that area. Councilwoman Fallin moved to continue the public hearing on the 1988 budget to December 9, 1987; seconded by Councilman Isaac. All in favor, motion carried. H-AD~-H--~ cs-P~i~---~fi3-idT-A~i~fi-~flDG R~~H-~3Di,~ Alan Richman, planning direction, reminded Council at the last meeting Joe Wells, representing the applicant, made Council aware of some timing problems regarding processing a GMP amendment request for this application. Richman said the scheduling problem is not staff inability to deal with this application. There are a lot of residential GMP applications, there is the desire to adopt the new city code, and this cannot all get to P & Z in a timely manner. Richman said the work load will delay this applicant by about 3 weeks. Richman told Council with the March 16th deadline, this delay does cause the applicant some problem. Council will not see this application until late February. Richman said because the 3 week delay is not the applicant's problem, staff is recommending a one month addition to the 6 month extension to take the deadline to April 15th. Richman told Council the applicant is interested in showing Council some ideas about the site so that they can get feedback to see if they are on the right track. Richman outlined the process of a GMQS amendment process in a memorandum. There is a rescoring of the project by P & Z to determine if the project is as good or better than it originally was. If a project continues to fall into the same criteria and continues to meet the thres- hold, then Council has before them determination of appropriate- ness of the amendment. Richman told Council they have an approval of record and are not required to approve something unless it is an improvement or an appropriate change based on change s which have occurred in the community. Mayor Stirling said Council should discuss the two issues separately; the request for a 30 day extension, and the intention of sharing the design changes. Councilwoman Fallin said she does not favor any more extensions; however, this extension comes more from the staff and city boards for more time to hear the application. Councilwoman Fallin said she is willing to give the 30 day extension. Councilman Tuite asked if 30 days is adequate. Richman said with the current processing schedule it is. Perry Harvey, representing the applicant, said they feel 30 days is enough. However, if they get into discussions with P & Z and Council during the process, Harvey said he hopes there would be an understanding that if the applicants are responding and Council is making requests for 11 As Ae-n-e~tg--C-~ortxn-c-r-~- -- --- --_---- - _ _ __-~ ~-1-~~--_-~e et_i-nq; ~_ _ _ .i~v em-be-r- 2 3-. -1-9-$ 7 changes, that the applicant would not be up against a wall at April 15th. Harvey said the applicants would very much like to break ground in the spring. Richman said the reason f or the 30 day recommendation is that the city's delay is causing 15 to 20 days. Mohamed Hadid said he would like to review design changes before Council discusses the extension. Mayor Stirling said he does not feel it i s appropriate for Council to see any of the project. Mayor Stirling said that would be usurping the function of P & Z. P & Z is going to rescore the amendments and proposed changes in context of the PUD and will make recommendations to Council. Mayor Stirling said f or Council to preempt to process would not be in the best interest of the citizens. Councilman Gassman said he is opposed to this extension. Councilman Gassman said staff has said Council should consider appropriateness. Councilman Gassman said this project is in great flux, and if Council keeps extending it, Council never talks about the appropriateness of this project as a hotel or as a land use project. Councilman Gassman said the city is assuming that the decisions made 4 years ago are still valid. Councilman Gassman contended was what appropriate in 1984 may well not be appropriate in 1987. Councilman Gassman stated by continually carrying an old project, the city never asks the fundamental question, is this hotel appropriate to the economic, social, hotel conditions that exist today. Harvey said this issues will Harvey said the applicants feel want the community to feel the said that is what the process is would 1 ike to present to Council amending to get Council's input. be discussed during the process. this project is appropriate and project is appropriate. Harvey for. Harvey said the applicants the elements they are looking at Councilman Isaac moved to grant a 30 day extension for the deadline within which the Aspen Mountain Lodge project must pull a building permit to April 15, 1988; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Councilman Isaac said he would like to see the applicant's presentation but does not f eel it is appropriate to make any comments. Councilman Gassman said he is concerned about land use issues, and it is not the Council's role to be a design commit- tee. It is the role of city boards, 1 ike HPC and P & Z, to assure things are built and designed well. Councilwoman Fallin said it is totally inappropriate for Council to look at these plans and inappropriate to make any comments on the plans. Mayor Stirling said the Council's role is acting on behalf of the 12 A-s~ -ei ty---e-orm~r~-i~ _____ ____ -Re-gul-ar- --Me-et~g - ~ - -- Ngvemb~ r--- ~3-~ 9 $7 community on issues of scope, scale, size, quotas, and height. Mayor Stirling said it is not appropriate for Council to get involved in the process at this point. Councilman Tuite said he would be willing to see the presenta- tion, without comment. Councilman Isaac said he f eel s it is important for the community to understand what the project is about. Harvey said he thought Council would want some input into design before it goes to P & Z. Harvey said it appears that the design review and the appropriateness of the GMP amendment s is being left to P ~ Z. Harvey said if the understanding is that P & Z does that work and Council signs off on it, he will take the design directly to P & Z. Harvey said his concern is that this amendment will go through P & Z, come back to Council and will get into the type of input that it went through at concep- tual stage. Mayor Stirling said the proposed amendments go to P & Z for rescoring, which is brought to Council. Council will then discuss, and may not accept all the recommendations. Richman said typically a GMP amendment has a technical determina- tion if it still meets the thresholds, is it still a similar or better score. After that, P & Z evaluates the project and applies conditions based on the most current evaluation of the project. These conditions range from design issues, service issues, compatibility issues, and Council does have some level of discussion of these issues. Richman said Council is in a more discretionary and broader position of looking at the project. Mayor Stirling moved that Council not react or see preliminary drawings at this meeting but that the process began as set up; seconded by Councilwoman Fallin. All in favor, with the excep- tion of Councilmembers Isaac and Tuite. Motion carried. Harvey said the applicants have brought in a design team to help expedite the process and to get some reaction from Council. Harvey said they would like to foreshorten the process as much as possible. Harvey said he would like a consensus from Council that if the applicants are in the process and are working on it, and the April 15th deadline comes, that they are not going to get cut off. Councilwoman Fallin said she understands the dilemma but does not want to short circuit the system. Councilwoman Fallin said if it will help the process, she would be willing to have joint meetings with P & Z or special meetings. Bob Hughes said under the assumption there was going to be an initial presentation, the applicants brought a lot of equipment and manpower. The applicants would like to educate the city and to make forward progress. Larry Yaw said what the applicants are proposing would not obfuscate the process. Art said Council is the final decision maker on this and is passing the buck w hen they shouldn't. Lee Miller said the sooner the Council looks at 13 As-~-ezr--City--f.`otrnci~--._____ __ ____ _---~eaula~r -Meeting -November 23 ,- -198. this, the better off the community will be. Councilman Tuite said he would be willing to have joint meetings with P & Z or special meetings in order to expedite the process. Mayor Stirling agreed. L IC?~JL-7R--~ i~ ~ENEWAI, - Coppe r Ke ttl e Mayor Stirling said this is an informal renewal hearing. There has been some interest from the public on this renewal, and Council has the right to have informal hearings. Sirous Saghato- slami, owner, told Council there are rumors that there has been underage drinking in his establishment. Saghatoslami said this is a problem everywhere. Saghatoslami told Council no complaints have been brought to his attention for any violations of the liquor code. Saghatoslami's attorney has talked to the city juvenile officer, who has no knowledge of any complaints filed. The city's juvenile officer said the Copper Kettle does as good a job as anyone in town in enforcing the liquor code. Saghatoslami told Council the Kettle works with the police in enforcing ID checks and works very hard to comply with the law. Saghatoslami said the city's juvenile officer confirmed that fake IDs have been turned in from the Kettle. Saghatoslami reminded Council the law does not prohibit minors from being on the premises. Saghatoslami said his establishment checks IDs and prohibit minors from the premises in order to eliminate minors from being served. Saghatoslami pointed out his establishment does a more than sufficient business from the over-21 crowd. Saghatoslami told Council he has personally met with the school principal and parents advisory committee. Saghatoslami said he not only tries to keep kids out of the Tippler but would welcome any suggestions to enforce the liquor code. Saghatoslami said he has doormen posted as both entrances to check IDs. All em ployees are trained regarding minors and all employees are required to sign a document regarding their obligation to not serve minors. Saghatoslami said from time to time the high school athletic director comes to the Tippler to see if he can locate any minors on the premises. Saghatoslami stated the community should do something in the way of a teen center. The kids have nowhere to go at night to dance and to have fun. Saghatoslami told Council he has had non-alcohol nights and has hosted the SADD dance. Saghatoslami said he has offered financial support toward the forming of a teen center. Councilwoman Fallin said she is not interested in taking anyone's liquor license away. Councilwoman Fallin said no matter how hard any one tries, you cannot keep every kid out of bars. Council- woman Fallin said there should be a commitment on Council's part 14 Aspen ~itv--£-o~xnc-i~-------___ __.______Re-aul_ar. Meetirra __ _ -Novem-ber__ 23 . 198 as well as the police department to assist the bars in making routine checks on the weekends. Councilwoman Fallin said she would like to see every effort made by Council, the restaurant association, ASAP, and parents to work together to achieve a teen center. Councilwoman Fallin said the owner of the Paragon made an offer to have a teacher at the door carding people. Willie Jordan told Council that Vail has a successf ul teen center. The mayor of Vail and the operator of that teen center are willing to come to Aspen and talk about their operation. Jordan said the essence of the problem is that there is nothing for kids to do. Saghatoslami said the police routinely come through the Tippler 3 or 4 times a night, and the Tippler has asked them to do so. Saghatoslami said the police have given them great service, and they have a great rapport with the police department. Saghatoslami told Council he sends his personnel to liquor enforcement seminars every year. Saghatoslami said kids are very resourceful, they do sneak in. Larry Dragon, ASAP, said their job is to heighten awareness and to educate. Dragon said there have been some complaints about the Tippler, but it seems the Tippler is trying to do a good job in preventing this. The Tippler has been every cooperative and has tried to make some changes. Dragon noted the Tippler has sponsored the SADD dance and has offered to do it again this year. There was a training offered by the TIPS program, which Saghatoslami is going to pass on to his employees. Saghatoslami is going to start a designated driver program this fall. Dragon encouraged Council to talk to licensees and support these type of programs. Mayor Stirling said there have been attempts over the years to establish a teen center. Mayor Stirling said he does not f eel the city should be running a teen center. The city should try to provide a facility. Mayor Stirling suggested with every renewal, there should be a commitment from every licensees to support the attempts at a teen center and the efforts of ASAP. Saghatoslami said he is willing to offer time as a consultant to help design a teen center. Dragon said ASAP offers training twice a year for liquor servers and would like support from Council on that kind of program. Don Helmick, North of Nell building, told Council some adjacent property owners met with staff and discussed at length the noise problems related to the Tippler. Helmick said the basic problem is incompatible zoning with residences and bars in the same block. Helmick suggested the Council be aware of the need for more police help in the area to control the behavior between midnight and 3 a.m. around the Tippler. Helmick said the presence of law enforcement in that area would help, and the 15 Aspen--C-ity--Conn~ri- ------____ ___ ___Reaul-ar Me-etinq _ November 23. -1987 police department has indicated a willingness to step up the enforcement. Tom Dalessandri, police department, told Council the chief of police has issue a directive for concentration in the area of the Tippler from midnight to 3 a.m. Dalessandri said that bar checks are a high priority in the police department. Dalessandri said the police department has responded to false ID calls from the Tippler in the last year; they are doing their job. Pete deGregorio told Council in his appearances at bars, Saghato- slami has shown a more positive attitude and has tried to w ork with the school in any way possible. Lee Miller, manager of the Tipple Inn, said there is a noise problem in the neighborhood. Miller requested assistance from the city and police department in containing some of the late night noise. Miller told Council the financial impacts are tremendous; people check out early. Councilman Isaac noted he had requested this be taken of f the consent agenda to have a discussion. Councilman Isaac said he is impressed by what he has heard and feels the Tippler is doing everything they can to keep kids out of the bar. Councilman Isaac said the Tippler is setting an example for other bars in town. Councilman Isaac said he feels having all the liquor 1 icenses contribute to ASAP is a good proposal . Mayor Stirling said he has been interested in a teen center for years, and Council would like to hear any proposals and interest from the community. Councilwoman Fallin suggested a work session early in 1988. Mayor Stirling requested the city manager f ollow up t he noise problems with the environmental health department and report back to Council. Saghatoslami told Council in the last 8 years when the environmental health department have taken decibel measures, the Tippler has not exceeded the city noise ordinance yet. Councilman Isaac moved to renew the liquor license for the Copper Kettle; seconded by Councilman Tuite. Councilwoman Fallin requested the motion contain the recommendations outlined by Saghatoslami. Councilman Isaac amended his motion; seconded by Councilman Isaac. Mayor Stirling said pursuing contributions to ASAP and to a teen center should be a separate issue. All in favor, motion carried. DQR~MITOR~' ..~~~NG-_ -gi7`R.____S~-FC~`IO-iV Jim Adamski, housing director, recommended that the city use the Red Roof Inn for dormitory housing with a contract with a private management firm until the city finds a successful buyer. Adamski reminded Council the housing office told them earlier there would be a housing shortage. Adamski said the housing office would 1 ike to work with the purchaser so that the M.A.A. will be able 16 As~e n -C-t~~a~r~i }-- - ---____ -___R~aul~ar Me et~-n~g -__. ___ Nov emk~e r 2 3 . 19 8 to use the Red Roof next summer. Adamski recommended that the Hunter Longhouse site be expanded to house 37 employees. Adamski said this is contingent on the fact that neither the Koch or Marolt are available by February 1988. Adamski is requesting a question on the ballot to see if the electors will allow employee housing to be placed on Koch or Marolt property. The third and fourth recommendations are to develop Koch and a portion of the Marolt/Thomas property. Adamski told Council staff has been through the sites and there are not a lot available except f or these 4 different alternatives. Fritz Benedict, representing the M.A.A., told Council they have not increased the student body in the last 8 years. There are between 600 and 700 students at one time. Benedict told Council the available housing has shrunk. Some of the lodges that were used for housing students are now used as short term housing for tourists. Benedict said the M.A.A. cannot compete in this market. Benedict said the M.A.A. can build more structures at the music campus. This would mean f ill ing in the ponds and cutting down cottonwood trees in order to get what they need. Benedict said besides housing, they need rehearsal rooms and teaching studios. Benedict said if the M.A.A. had rehearsal rooms and teaching studios, they could house some of the faculty in Snowmass. Benedict said it does not work to try and teach students at Snowmass because of the transportation. Benedict told Council apartments for student housing are also becoming difficult to rent. Adamski pointed out P & Z resolution 87-10 states the Red Roof should be used for temporary relief for low income housing. Councilman Isaac said at a study session recently, the choice of 3 Councilmembers was the south end of Marolt as the best site for dormitory housing. Councilwoman Fallin said Council had also said they did not want any housing at the Koch lumber property. Councilman Isaac said the southern portion of the Marolt property was given to the city rather than purchased with sixth penny funds. Councilman Isaac said the Koch lumber parcel is only adequate for 20 rooms and no food facility. Adamski said they will remove the recommendation for the Koch lumber property. Adamski said the housing authority feels a couple of sites will be needed. Councilman Isaac pointed out that Hunter Longhouse is not in the city. Councilwoman Fallin said there are some older lodger in the east end, and in the early days were dorm housing. Councilwoman Fallin suggested looking into allowing dormitory housing for these older structure. Mayor Stirling said the city is trying to respond to the need of the M.A.A. for summer housing and to the need for winter seasonal employees. Bil Dunaway said some of these old lodges are currently full of employees. Adamski said 17 Aspe-rr--C-ity-- Co-urrci-~----- ___.._--- --- - -Re-aui-ar Meeting _ __ _ November -~ 3-_._ 1 g-87 additional units are needed. Jim Curtis, housing authority, said there is nothing in the code preventing existing units from renting on a short term basis if there were an economic motive to do so. Curtis said the only motivation would be if the housing authority bought some of these properties. Councilman Isaac moved to direct the housing department to develop the south end of the Marolt/Thomas property as dormitory housing for M.A.A. and for winter housing; seconded by Councilman Tuite. Mayor Stirling said he has problems with using the portion of the Marolt property. Mayor Stirling said it was donated; however, it is part of the open space purchase. Mayor Stirling said a certain portion of the Marolt/Thomas property will be used as an access into town. This open space will be eroded. Mayor Stirling agreed about not using the Koch lumber property. Mayor Stirling said he would like to look into the suggestion of buying and converting existing properties. Mayor Stirling said projects like this should not be run by the government. Adamski said the housing authority feels this should be run by the private sector; the housing authority should be a facilitator to assist the private sector in making it happen. Councilwoman Fallin said some of the of de r 1 odges may, in the future, be purchased and used as something else. Councilwoman Fallin said employees may be displaced anyway. Adamski said even if some existing lodges were bought, the town would be short of units. Adamski said they will have to do something in addition. Councilman Isaac said Council has been discussing having an election in spring for other issues. This might be a good time to go to the electors to see if they are willing to use the Marolt property for employee housing. Councilman Gassman said there is one older lodge that would not involve displacing anyone, the Red Roof Inn. Council- man Gassman said the city is trying to use open space for housing when they have an empty facility that no one is getting any benefit out of . All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Jim Curtis said the housing authority would like Council's acceptance of using cash-in-lieu money to prepare and submit an application for the expansion of Hunter Longhouse. Curtis said this is one of the four components of the recommendation to Council. Councilman Tuite moved that the housing authority use up to $15,000 of the city's cash-in-lieu fees f or the preparatio n of documents to address Hunter Longhouse expansion; seconded by Councilman Isaac. 18 Aspen._-~i-ty -e~-u~i1---- --------_.---____ _-Regal ar-~-Me-~t~i-ng _ __ .Novenrbe r 23 . 1987 Councilman Isaac said he has problems spending this money before the city knows how the commissioners or the neighborhood feel about this project. Adamski said they are planning on building 18 studios. Councilman Isaac said he is concerned about spending city money on a project done with private funds that is located in the county. Councilwoman Fallin agreed, and said she does not like doing this as piecemeal as this. Councilwoman Fallin asked about the possibility of using the community center. Tom Baker, planning office, said because of the situation with the city county offices, the county feels they have to preserve the community center for office options. Baker said the Commis- sioners' first priority is office space, and not to displace the existing offices. Councilman Gassman and Councilman Tuite in favor,; Councilmembers Isaac, Fallin, and Mayor Stirling opposed. Motion NOT carried. Adamski said nothing will be built next summer. If the election is in March, nothing can be built. Adamski urged Council to look at the Red Roof for next summer for music students. Curtis said the housing authority is trying to respond to the urgency expressed this fall. Councilman Tuite said the differentiation between city funds spent is the county is silly. Hunter Long- house is 200 yards outside the city, and it will house people working in the city. Councilman Tuite said if the project is going to help the city, it doesn't matter whether it is in the city or county. Mayor Stirling moved to reconsider the Hunter Longhouse deci- sions; seconded by Councilman Gassman. Mayor Stirling said he feels Councilman Tuite makes a good point. Councilmembers Tuite, Gassman and Mayor Stirling in favor ; Counc ilmember s I saac and Fallin opposed. Motion carried. Councilman Tuite moved to use up to $10,000 of the city's housing-in-lieu fees for work to begin on Hunter Longhouse study; seconded by Councilman Gassman. Councilwoman Fallin said she is for the expansion of Hunter Longhouse; however, before she votes in favor of this expendi- ture, she would like a commitment from the county and operators of Hunter Longhouse that this can happen. All in favor, with the exception of Councilmembers Fallin and Isaac. Motion carried. QRD-IN~N~CE- #-5-~: ~RR~i~~~ -flF"--i~8-`7 - Iset in Parking Lease 19 Aspen --~-it~r-~-+o-urrc i.-~ --- --- ___---.._ .--- --Rego l a_r_ -Meet-i ng_-__ _ _ -Nov~emb_e-r- _-2._3-, 1..-9 87,. Councilwoman Fallin moved to read Ordinance #59, Series of 1987; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #59 (Series of 1987) AN ORDINANCE APPROVING A PARKING AGREEMENT BETWEEN MATRIX SKI CORPORATION AND THE CITY OF ASPEN FOR THE LEASE BY THE CITY TO MATRIX OF FIFTY (50) PARKING SPACES AT ISELIN PARK FOR THE SUM OF $3,000.00 PER YEAR, SETTING FORTH THE TERMS AND CONDITIONS OF SUCH LEASE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Isaac moved to adopt Ordinance #59, Series of 1987, on first reading. Motion DIES for lack of a second. Assistant City Manager Mitchell told Council Matrix approached the city to lease 50 parking spaces at Iselin during the winter. Currently, Iselin park is only used as a bus stop and some cross country ski parking during the winter. Matrix propose s to pay the city $3,000 annually plus the cost of snow removal. Mitchell told Council the city already does snow removal to provide for the bus turn out. Mitchell said there appears to be no downside for the city, and this does provide the city with additional revenue. Councilwoman Fallin said she has trouble leasing city property to a group that wants to use city property to provide for a require- ment the county is making in their GMP approval. Councilwoman Fallin said she might approve a one-year lease but not a f ive- year lease. City Attorney Taddune said the lease is drawn for two years to meet the county requirements. Taddune said the proposed lessor has agreed with the right to terminate within 60 or 90 days. Lee Grossbard, project manager for the Aspen Highland Hotel, told Council they are requesting an initial two-year term, with one year terms thereafter. Grossbard told Council the county is convinced they have all the parking they need on-site with 164 underground spaces. The neighbors have asked that for the first two years they get some off-site parking to supplement that on- site to determine for sure there is sufficient parking. Gross- bard told Council it is their intention to use Iselin park to an absolute minimum to prove that that is sufficient parking on site. Jane E11 en Hamilton, representing the applicant, said the applicants do not believe they will need the off-site parking and 20 • - ~ ~~e-~ru l a r --lie e-ti-n~a _ -Nov enrb_~ - 2-3 ,- 1-g 87 Assn C i tv---~an-c~r~ _ _ ---- - _. _. _ _ _ - are getting it as a good f aith gesture to the Aspen H andlthere Ms. Hamilton said if the applicant s numbers are wrong are more cars coming to the hotel, they will have a placeCoo orak them that will be acceptable to the d inota necessar it y f Ind a tion. Ms. Hamilton said the P & Z di shortfall in the parking requirements but adopted the test of adding off-site parking for two years. Councilman Gassman said, although this makes slot'businessa problem with the city going in nottfee P the nstreet department Councilman Gassman said he does can undertake any more work than they do now. Mitchell estimate the streets department already plows this lot, and they is will only take an hour to do this additional work. Councilman Tuite pointed out this already is a parking lot. Councilman Tuite asked what the applicants will do if it is pradd i Tonal parking is needed. Grossbard said they will develop parking on-site, or at another off-site place, °rthf thee cityy wants to continue it, they will negotiate wi Grossbard said they have the space on-site but lcertain cthe 5225,000 to develop and he would sl ite t Grossbard said the parking is needed before he develop parking at Iselin will be strictly valet park nt ' f oro one yearn Fallin said she would only approve an agreeme City Manager Bob Anderson said this is $12usin moubl ice land cto Councilwoman Fallin said she has problems g p satisfy a private developer's requirement r'oval lwas Agrantedy Taddune pointed out wleasehthel Rio Grandeaparking lot for the the city agreed to Jerome's cars. Councilman Isaac moved to adopt Ordinance #59, Councilmembers seconded by Councilman Tuite. Roll call vote; Gassman, no; Isaac, yes; Tuite, yes; Fallin, no; Mayor Stirling, no. Motion NOT carried. REO~E~ ~-EN~Rf~ - - C Associates Building (Councilwoman Fallin lef t the room due to a conf 1 ict of inter- est). Chuck Roth, engineering department, told Counnillocatedsto request for encroachment/easement f Council du Bing t he GMP proce- the west of city hall. Roth told dure, the applicant requested a reduction in trashe aan arealas area under the statement they do ail then a d 1 icants were not able required by code. Roth told Cou PP to get their gas meter in the trash and utility area. Roth told Council this could be an easement request as onewhichrthe Thrift the alley, it is on the city-owned property Shop is located. 21 A~pe~~r--C-ity-- z-1-_____..----- __.____~ _ Re~xi-a-r- -Meet-i n g=ov emir e r 2 3, 1 g8 7 Mac Cunningham, applicant, told Council they had everything set up to go inside. Cunningham inherited this building already through the GMP process. Cunningham said the gas company told him they did not want to put the meter in the trash utility area. Cunningham told Council the gas company had a vested right because the meter had previously been located on the Thrift Shop property. Cunningham showed pictures of the existing gas meter and the utilities located on one spot on the back of the Thrift Shop property, which has been the historic location f or all the services. Cunningham said he was prepared to located this where the GMP proposal sited it, but the gas company does not want it located there. Cunningham said this is a completely revokable encroachment. City Manager Bob Anderson said he does not f eel the gas company can insist that someone's meter is on city property. Roth said a gas meter is specific to one building; the transformer is an appurtenance to the alley and a common and shared item. Councilman Tuite moved to approve the encroachment agreement between the city of Aspen and C Associates; Motion DIES for lack of a second. Mayor Stirling moved to direct the applicant to work with the gas company to locate this on their property in conjunction with the engineering department; if there is no other way to deal with this, come back to the December 14th agenda; seconded by Council- man Gassman. Cunningham said all the other utilities are located in this spot, and asked what the objection to this re uest is. said a gas meter is a particular use for this bu lding StiMalor Stirling said it i s incumbent upon applicant' s to f ind space yon their property for their utilities. Cunningham reiterated he was prepared to locate the gas meter on his property, and the ga s company refused that location. All in favor, motion carried. QR$i N~~--# ~--- gE~i~g-6F-..._1-.9.8-7 - Appropriation s Councilman Tuite moved to read Ordinance #60, Series of 1987; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #60 (Series of 1987) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF X28,000; APPROPRIATING GENERAL FUND EXPENDITURES OF $68, 000; APPROPRIATING LAND FUND EXPENDITURES OF $ 6 5 , 0 0 0 ; RECOGNIZING TRANSPORTATION FUND REVENUES OF 22 rr--e ity--~a-cm-cam }-------- --- - ---. _--I2e au a r _Me e ti nq _._. __ Nov emb~e r 2 3 ; -19~ 7 $20 , 000; TRANSFERRING $20 , 000 FROM THE TRANSPORTATION FUND TO THE GENERAL FUND; TRANSFERRING $40,000 FROM THE TRANSPORTATION FUND TO THE 1982 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND; RECOGNIZING ASSET REPLACE- MENT FUND REVENUES OF $62,100; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $316,800; TRANSFERRING $145,000 FROM THE 1985 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND TO THE 1987 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #60, Series of 1987, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. OOH-I-i~idCE---#-6~~%-gE~R-i~-S ~~ ~ i-9-89 - Vested Right L e g i s l a t i o n Councilman Isaac moved to read Ordinance #61, Series of 1987; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #61 (Series of 1987) AN ORDINANCE AMENDING CHAPTERS 20 AND 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO IMPLEMENT THE PROVISIONS OF ARTICLE 68, TITLE 24, C. R. S, AS AMENDED, PERTAINING TO VESTED RIGHTS was read by the city clerk Councilman Isaac moved to adopt Ordinance #61, Series of 1987, on first reading; seconded by Councilwoman Fallin. City Attorney Taddune told Council he would like some insertions on first reading. One insertion is historic preservation approval as one of the approvals subject to vested rights legislation because it is a site specific development planning Taddune said where the P & Z is discussed, HPC should be included. Taddune recommended deleting from (B) condominiumiza- tion and adding "historic preservation final approval". In section C also adding "in those matters delegated to historic preservation commission". Taddune told Council in this ordinance he tried to incorporate all the features of the vested rights legislation, not to expand on it. Taddune said there is a checklist for staff which requires that any ordinance or resolu- tion set f orth certain paragraphs to define and limit the scope of the vested rights approval, or the site specific development approval as permitted by the state statutes. Councilman Isaac amended his motion to adopt Ordinance #61, Series of 1987, as amended; seconded by Councilwoman Fallin. 23 A ,e-n---~-i S-p ty---~ ~ ------- ------------. Re~a~rl-ar_ _Me a t~.'na Id~vembe r - 2 ~ , ---i-9 87 Roll call vote; Councilmembers Gassman, yes; tuite, Yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling asked if this legislation effects projects already approved. Taddune said the effective date of the legislation is January 1, 1988. Taddune said this will come into effect after 1988, if the Council grants a site specific development plan. Taddune said if Council enters into an amended agreement with an applicant, they should be concerned about the vested rights legislation. (~RH-~idA-i'dCE---#`-5~; --HRR-i~--fjF-----i9-~$7 - Tow Fees Councilwoman Fallin moved to read Ordinance #57, Series of 1987; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #57 (Series of 1987) AN ORDINANCE ESTABLISHING A TOWING FEE OF 545.00 FOR ANY VEHICLE IMPOUNDED UNDER THE AUTHORITY OF SECTION 22-20 OF THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPAL- ITIES WITH ADDITIONAL AUTHORIZATION TO AMEND THE AFOREMENTIONED TOWING FEE BY RESOLUTION IN THE EVENT THE IMPOUND L OT IS RE-LOCATED TO A SITE OUTSIDE THE CITY OF ASPEN was read by the city clerk Councilwoman Fallin pointed out this ordinance said the tow fee can be amended by no more than 510 if the impound lot is relo- cated. Councilwoman Fallin asked what if the impound lot is moved to the dump. Rocky Whitford, police department, said if the towing company takes cars to the dump, up to a 510 increase will be approved by resolution. Councilwoman Fallin asked if 510 is enough. Whitford said that increase was negotiated with the towing company. Councilman Isaac moved to adopt Ordinance #57, Series of 1987; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Fallin, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. O R I3-I--N~A-i~-F---~#-fr-~---~-~-g~~- -~-p~-- --}--g $~ - D e s i g n a t i n g 215 W. H a 11 a m Historic Councilwoman Fallin moved to read Ordinance #62, Series of 1987; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #62 (Series of 1987) 24 A-sAen--~i.~tv---~un~i~-------___.-_-.._ ___-- R uraY-Meet-inq- -- ---November 23 ; 1987 AN ORDINANCE OF THE CITY COUNCIL DESIGNATING 215 W. HALLAM STREET AS A H, HISTORIC LANDMARK STRUCTURE PURSUANT TO SECT ION 24-9.3 OF THE MUNICIPAL CODE wa s read by the city clerk Councilwoman Fallin moved to adopt Ordinance #62, Series of 1987, on first reading; seconded by Councilman Tuite. Steve Burstein, planning office, showed Council photographs of this structure. The owner has requested historic designation. The house was built in 1890 and does meet some of the criteria for historic designation. It is of traditional historic style and is significant to the character of the neighborhood. Burstein told Council alterations have occurred to the building, and the owner has volunteered to do a restoration program within 2 years. Staff, HPC and P & Z recommend historic designation. Roll call vote; Councilmembers Fallin, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORD~iCE--~6~;---~-R-~~g--f}~- ig-g~ - amendment to MEAN Contract Councilwoman Fallin moved to read Ordinance #63, Seris of 1987; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #63 (Series of 1987) AN ORDINANCE APPROVING THE AMENDMENT OF EXHIBIT B TO THE SUPPLEMENTAL AGREEMENT DATED JUNE 25, 1984, BETWEEN THE CITY OF ASPEN AND MUNICIPAL ENERGY AGENCY OF NEBRASKA REVISING THE FORMULA FOR CALCULATING THE NET DEMAND OF THE CITY OF ASPEN MINUS THE HYDROELECTRIC CAPACITY DURING ASPEN'S PEAK HOUR, PROVIDING THAT THE REVISED FORMULA BE IMPLEMENTED STARTING WITH THE SEPTEMBER, 1987, BILLING, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #63, Series of 1987, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Fallin, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. Assistant City Manager Mitchell said this should save the city between 550,000 and 580,000 a year. ~~ ~~L~~E"--RE$-Rfl@i~-i~Ti~i~ - Aspen Skiing Company City Manager Bob Anderson said there is a need for short term employee housing. The Aspen Skiing Company proposes to take on 25 As-p,~---~---~otin-c -------------------.._ ~eznr~ar_ N~eeti-n~__ - - N-ovem~-~-r- 2-3-; _ i_98 the Red Roof Inns as a solution to their employee needs as well as other employees in the community. Anderson told Council the Skiing Company has suggested a rental rate based on the market and what the Red Roof can supply. Anderson pointed out there are no kitchens in the Red Roof. Anderson said Council should consider how this might effect the long term disposal of the Red Roof Inns. Anderson said today Council has had two other proposals come in, although they are not expanded upon. Anderson said one proposal is f rom Tony Dumas, and the othe r i s f rom a hotel broker. Peter Forsch, Aspen Skiing Company, said he would not like to put this decision off, and if Council has an offer they should look at it. The Skiing Company said their proposal addresses a need they have and the community has, and it is their intention to open it to the housing authority on the same terms and conditions as Skiing Company employees. Councilman Gassman said the Council is not on agreement on what should be done with the Red Roof but the Council did agree they wanted to cut out reacting to every proposal that is presented as well as get the city manager out of the real estate business. Councilman Gassman said if the Red Roof is to be sold, it should be done in a professional way. Councilman Gassman said he feels the only proposal the Council has is the one from the Skiing Company. Councilwoman Fallin said she wants to see the Red Roof sold but is not willing to accept the proposal that Council received tonight. Councilwoman Fallin agreed the Red Roof should be sold in a business-like way. Councilwoman Fallin said she cannot bear to see the Red Roof sit empty this winter with people desperate for housing. Councilwoman Fallin said if the Skiing Company is only going to use the Red Roof through April, Council has time to make their negotiations. Mayor Stirling asked if the Skiing Company would take respon- sibility for the utilities and pass them on to the tenants. Forsch said their intention is to figure out what they need to pay the city, what it will cost to manage the building and rent the rooms. Councilwoman Fallin said she is concerned about what the tenants will do for food. Forsch said that has been a concern of his. The units have a counter, sink and refrigerator. Forsch said he dismissed the option of trying to open up the restaurant kitchen. Forsch said he would be willing to put small microwaves in the units to allow food preparation. Forsch said he will not allow hot plates. Anderson said he feels this is a good solution and minimizes hazards. Anderson said there is a catch that staff needs to address. Anderson told Council if the city leases this out, by the terms of the agreement with Red Roofs, the city is 1 fable for the 26 A-sg~e~~n- -C i __~.__ __-_ _-__ _._-_~.~-~ r ._~e.~t i Nov e~mb-e-r 23 , i 98-7 ~9-- - - $100,000 owed to them f or furniture and fixtures. Anderson said staff has not reviewed this agreement. Councilman Tuite said if the Skiing Company is willing to pay their share of the utilities, he can go along with the concept. Forsch said he feels there is definitely a community benefit in this concept. Forsch said if the city had a willing buyer tomorrow, the closing would probably take through the winter. Forsch said if the Skiing Company has extra rooms available, they would like the housing authority determine the criteria to fill the additional rooms. Councilman Tuite said he would like this open to the community at large. Forsch told Council he does not know what the needs of the Skiing Company are as he has not discussed this with the employees. Forsch guessed they would need half the rooms, and will guarantee half the rents. Forsch said he originally proposed $225, but after talking to staff and adding utilities, the rooms will be $250 before costs. Council- man Tuite said he would rather charge the Skiing Company $225 and charge them the increment of utilities. Nancy Snell said any positive move 1 ike this will help the community. Mayor Stirling said Council has to determine if this jeopardizes the sale, and if it does not, this is a firm proposal. Councilman Tuite said he does not feel this jeopardizes the sale. Councilman Isaac asked about damages. Forsch said if a room gets torn up, the Skiing Company will be responsible for it. Mayor Stirling moved to direct the city manager to work out a n agreement with the Aspen Skiing Company on the general basis presented, lowering the rate to $225, and passing the utilities on, taking into consideration the $100,000 obligation on furni- ture and fixtures; seconded by Councilman Gassman. Mayor Stirling said if this does trigger the 5100,000, then he is not in favor of the proposal. City Attorney Taddune said he will have to review the note. Mayor Stirling pointed out this was not triggered when the city leased it to the M,A.A, Councilman Tuite said he would like to see any revenues be dedicated to be spent on the Red Roof, rather than the general f und, Forsch said the 5225 will be per room. Forsch said the Skiing Company will have to add the cost of management, utilities and cleaning per room. Anderson pointed out the Skiing Company is only going to occupy the bedroom space. The bulk of the money the city agreed with Red Roof is tied up in the restaurant, kitchen and conference areas. Tony Dumas said the utilities for this building are not less than 512,000 a month. Dumas said he has researched these costs thoroughly. Dumas said Council's mandate is to sell this building. Dumas reminded Council at the last meeting he asked if there was an objection to a six month lease, and they said no. 27 A-s ____-_____ _ _--- ~e.utrl._a- r-_ -M~e-ti-n-q-- ._ ._ . N~v~em tre-r- 2 3 . 1 ~ 8 7 Dumas said his proposal is to lease the Red Roof f or 4 months, to take occupation in one week, and to pay $2,000,000 for the building. Dumas said the purchaser has demonstrated his ability to put the money up and has experience in hotel ownership. Dumas said the offer is to lease the building for the winter, to research the roof and hot water problem, pay rent of $10,000 per month. Dumas said the electric company wants a deposit of 57500. Anderson said this proposal does not include any money down. It does not give any money toward the fact that 52 , 000 , 000 is forth coming. Anderson said this proposal is a 510,000 a month lease with a free option to buy. Anderson said he would not support this proposal. Anderson said a lease for $10,000 with the lessee paying all the utilities is more lucrative than the Skiing Company's lease. The Skiing Company's lease of 5225 per room plus incremental utility costs is assuming the city will cover the base utility costs for the building as the city paid last winter. Anderson noted the base utility costs are high because there is some maintenance level of utility for the entire building. Mayor Stirling moved to suspend the rules and continue until no later than 9:30 p. m.; seconded by Councilwoman Fallin. All in favor, motion carried. Councilwoman Fallin asked if the city did not lease this to anybody, what does it cost to keep the utilities on. Anderson is it is thousands of dollars a month to keep a maintenance level. All in favor, motion carried. L i~ Mayor Stirling said Elli's project is exempt from GMP. There are staff memoranda which outline the process and what has happened. Steve Burstein, planning office told Council the walls were the issue of the restoration plan and were to be repositioned exactly as they had been. There were a problem with that and the amended plan requires the applicant to do some patching to make the walls fit onto the under structure. This plan was approved by HPC last week. Mayor Stirling said there is some general concern by Council that this was an exemption in terms of overall community benefits and did not achieve the community goals this kind of designation and exemptions were intended to f ulfill. Mayor Stirling said there are some concerns whether Council could work with the applicant at this late hour to achieve any of these goals. Councilman Tuite said his concern, and the concern he hears from citizens, is whether this project is a historic renovation or restoration. 28 A '-t~r-~urrci~ -----------------------R g-u-i-~--Meeti_n~g.___--- -M-c~vem~er 23. 1987 Councilman Tuite said citizens are viewing this as a complete rebuild. Councilman Tuite said the process this project has taken, certain costs have been by-passed, mitigating cost s of development. Councilman Isaac said the impacts of the development are the same as any other commercial development. The city did not get the historic preservation hoped for. This is not the same building. The historic benefit the city was hoping for did not happen, yet the impacts are there. Councilman Isaac said Council is looking to somehow mitigate these impacts. Mayor Stirling asked how this is going to be averted in the future. Mayor Stirling said the community is not willing to have a project like this happen again. Mayor Stirling said there are no contributions to any of the employees generated by the project. The building has tripled from its original size. Alan Richman, planning director, told Council in 1981 when staff did a comprehensive re-write of the growth management plan and quota system, there was a series of recommendations about the exemption provisions. One of these exemptions was the historic preservation exemption that did not require any review other than HPC. At that time, the city was trying to expedite things and to cut out some of the steps of the process. Richman told Council a few years ago, staff brought a review procedure as part of the historic preservation plan element. Richman said at that time, staff did not have a lot of specific problems to point to. Richman said once a building is designated, if it receives HPC approval, it is a matter of right to obtain a building permit, and it is not a decision made by Council. Richman told Council that the Sardy house and Jerome both were conditional use s in their zone district and required P & Z review. The expansion of the Sardy house and Jerome was an expansion by right. Mayor Stirling said in those two cases, employee housing was provided. Richman said there was additional PUD review in the case of the Jerome. There was a lot more give and take because the applicant was requesting things that were not of right. Richman told Council there is a way to deal with this problem, like looking at the magnitude of an expansion. Richman said he feels there still ought to be some expansions simply subject to HPC review, but there gets to be a point at which the impact on the community is substantial. Councilman Isaac asked if there were other fees, other than the employee housing, that this project was exempted from. Richman said park dedication fees only apply to residential projects. Richman told Council the city water system and the consolidated sanitation district would exact costs of improvements regardless of whether a project was a GMP application or not. Councilman 29 A-s-p,~- ___.___.___________~gtr3~az'-__irie~et-i~~t- ~vembe ~3 , 1 g$~ Isaac asked if this building was given any allowances for height or bulk. Richman said this building stayed below the height of the view plane. Councilwoman Fallin said she is angry about this project and that the past Councils have allowed such a huge loophole. Council- woman Fallin said this is a moral issue with the employee housing. Councilman Gassman said one thing that bothers him is the inequity. This building is exempt from the requirements that are very expensive and cost everyone else who builds a building a lot of time and money. There is the idea that historic preserva- tion is important enough that if the city gets something preser- ved it is worth being unfair and giving applicants a tremendous advantage. Councilman Gassman said in this case he does not see what the community is getting for the city's part of the bargain. Councilman Gassman suggested that the building will not have any impact on employees or employee generated until it is occupied. HPC has decided it is all right to finish construction. Council- man Gassman said he does not know of anything that says the building has to be occupied. Councilman Gassman said he feels strongly that the city's part of the bargain was that the community would get something from this, 1 ike a preserved building. Councilman Gassman said maybe the community doesn't have to suffer the impacts from the project until a deal is worked that is a little fairer for the public. Councilman Gassman moved to ask that the city staff negotiate with the developer for some kind of contribution to mitigate against effects in exchange for a certificate of occupancy; seconded by Councilwoman Fallin. City Attorney Taddune said Council ought to think about the potential liability for withdrawing a property right from a developer when city ordinances have provided that the developer is entitled to an approval. Taddune said Council has to make a determination first there was some irregularity in the process before they decide to take away what should presumptively be a property right of the applicant. Councilman Isaac said the basis is that the city thought they were going to get a restored, historic building and what they got is a new building with a couple of historic boards. Taddune pointed out the difficulty is that Council delegated to another board the responsibility to make a determination, and Council does not agree at this point. The HPC heard the evidence, they decided all the facts, and they exercised discre- tion and made a determination. Taddune said unless there has been some irregularity in the process or there was a misrepresen- tation, something that the applicant should be held accountable 30 As~agm- ~-i-tv--~ia~tmc~rl-----.-.~.._-_ ___--__-~~au-lar-r-- .i~e-e-t r-rr~ l~ov~mh r 2-~ . 198-7 for, the city should be very cautious in taking away something that theoretically is granted under the city's ordinances. Mayor Stirling said what Taddune suggested is what the Council requested of the developer of the west North street building to do, which was to come in and put the onus of the responsibility on the applicant to determine that they had not been in violation of some code. Mayor Stirling said Council might consider that tack in this instance. Mayor Stirling suggested Council put the burden on the applicant to produce evidence at the next meeting and have a presentation made by the applicant. Richman asked if Council would want staff to consider whether rescinding the historic landmark designation is within that feeling of some irregularities. Richman pointed out the historic landmark designation is providing for this opportunity of expansion. Mayor Stirling said this building received historic landmark designation in February 1987 at the request of the current owners, and the issue is does the city still have a historic landmark. By virtue of the building being a landmark, the applicants received the exemption. City Manager Bob Anderson said there is a slim possibility for someone to ask the developer if they are willing to voluntarily produce all or part of the contribution that would typically be exacted by right under other processes. Charles Cunniffee, HPC member said he has been doing a lot of research into historic designation and restoration. Cunniffee t of d Council that facadism is still considered a historically designatable way to treat a building. Cunniffee said if the image of the building can be saved, cities do this and allow developers to maintain some credit, an encouragement to go to a length they would not ordinarily go. Councilman Isaac said Council ought to have the city attorney prepare a summary of what Council's legal remedies are and bring that back to Council on December 14th. Councilmembers Fall in, Tuite, and Gassman in favor ; Councilman Isaac and Mayor Stirling opposed. Motion carried. Phil Holstein, applicant, told Council when they purchased this property, they initially came to the city and asked specifically how they should proceed with development. Holstein said the applicants were perfectly willing to go through GMP. Holstein said they were willing to take down Elli's and build a new building. Holstein said they were encouraged to keep Elli's because a lot of people in the community have an emotional attachment to that building. Holstein told Council the way this project has been done, has cost more money than they saved by not paying for some employee housing. Holstein said they built a building which is well below the FAR; a larger building on the 31 A •~ ~.. ___ ______~.e ~._ Me~ti n ~__ a- ---- - November ~3 1-~~7 corner would have been much more valuable. Holstein told Council the applicants have followed the approval process to a letter. Holstein said the Elli's building was rotten to the core; it was built on rubble and it was ready to fall down. Holstein told Council it was extraordinary that they were able to save what they did. The walls were rickety, and all the members were half burnt through. Holstein told Council the Elli's corner is going to look 1 ike E11 i' s corner has always looked; the essential architectural features of the building are in tact. Holstein said the thought that Council would hold the applicants hostage because they complied with an ordinance which specifically exempted them from GMP is mind boggling. Holstein said this building is going to look very nice, like an old historic building with a new building wrapped around it. Holstein said the applicants did not do anything underhanded. Their plans were available for every one to see; they went to HPC meetings for months. Holstein said the applicants have followed the ordinances to the letter, and an investigation by the city attorney• is not going to find any wrong doing on their part. Mayor Stirling said Council has directed the city manager to work with the developers and get back to Council at the December 14th meeting. Councilwoman Fallin moved to renewal for Little Nell's and December 14th for an informal Isaac. All in f avor, with the Motion carried. take of f the consent agenda the have them come before Council hearing; seconded by Councilman exception of Councilman Tuite. Councilman Gassman moved to approve the consent agenda; seconded by Councilman Isaac. The consent agenda is Minutes - October 26, 1987; Liquor License Renewals - Guido's; Hibachi; Szechuan Gardens; Pour la France; Eagle's Club; Steak Pit; Hotel Jerome; Little Annie's Aspen Mountain Spirits; Mother Lodge; Resolution #29, 1987 - Extension of Towing Contract. All in favor, motion carried. Councilwoman Fallin moved to adjourn at 9:40 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Kathryn Koch, City Clerk 32