Loading...
HomeMy WebLinkAboutminutes.council.19870622Regular Meeting Aspen City Council June 22, 1987 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 4 LIQUOR LICENSE HEARING - Aspen Artists' Gallery 6 ORDINANCE #24, SERIES OF 1987 - Sale of Red Roof 7 LIQUOR LICENSE HEARING - Aspen Artists' Gallery 9 FORMALIZING SISTER CITYSHIP WITH CHAMONIX 10 ELECT ION OF MAYOR PRO TEM 10 COUNCIL APPOINTMENTS 11 Roaring Fork Transit Agency. 11 Colorado Municipal League. 11 Colorado Association of Ski Towns. 11 Northwest Colorado Council of Governments. 12 Sister Cities Committee. 12 lub 20. 12 uedi Water and Power Authority. 12 Aspen Resort Association. 12 Nordic Council. 12 Aspen Art Museum. 12 COUNCIL GOALS SESSION 13 COUNCILMEMBER PRESS CONFERENCES 13 TROLLEY STORAGE 14 HOUSTON APPEAL OF HPC SCORE 14 GMP EXEMPTION - 534 East Cooper Employee Unit 15 FINAL PLAT SUBDIVISION - Agate 16 ORDINANCE #23, 1987 - Reconveyance Zoline Easement 16 26 Regular Meeting Aspen City Council June 22, 1987 ORDINANCE #28, SERIES OF 1987 - Annexing Knollwood, East- wood, Aspen Grove 17 ORDINANCE #25, SERIES OF 1987 - Creating R-15B Zone District 17 ORDINANCE #26, SERIES OF 1987 - Zoning Aspen Grove 21 ORDINANCE #22, SERIES OF 1987 - Appropriations 21 REQUEST FOR ENCROACHMENT - Mesa Store 22 VENDING AGREEMENT - Farmer's Ma rket/Rio Grande 22 REQUEST FOR FUNDS - GRIP 23 27 Regular Meeting Aspen City Council ?'t~nP 22, 1987 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Fallin, Isaac, Gassman and Tuite present. CITIZEN PARTICIPATION 1. Mary Martin implored Council to consider urging contractors and the building department to give lead time and notification to the public that a house is going to be torn down. Ms. Martin reminded Council there was a moratorium against demolition of historic structures, but that has expired. This notice would give people time to consider buying old houses and to f ind a place to move them. Ms. Martin suggested that a portion of the building permit fee go toward the removal of old houses. Ms. martin suggested that the Marolt property may accommodate a few of the old houses. 2. Richard Roth, co-chairman of Aspenites for Restoring our Community, said over 3,000 persons have signed the petition asking the Ski Company to reconsider its $35 lift prices and to come up with a non-validated pass f or people who live and w ork here. Roth said the owners of the Skiing Company have said they would set up a committee that would meet in September. Roth asked Council adopt a resolution .urging the Ski Company to give thought to reconsideration of the lift prices. Roth brought up conflict of interest in accepting ski passes, music passes, memberships to private clubs. Roth said the city's current legislation does not speak to these issues. Roth said he would like Council to address this. Roth said city officials should have language speaking to accepting passes or memberships. Mayor Stirling said he would be interested in discussing this and suggested it be put on the agenda for the goals session. Mayor Stirling moved to consider on July 13, 1987, issues of pricing, generally, but specifically Aspen Mountain ski tickets; seconded by Councilman Tuite. All in favor, with the exception of Councilmembers Isaac and Gassman. Motion carried. 3. Ray Bates, 819 East Hopkins, said his structure was rated 1 in the historical evaluation, and asked if it was going to stay with a rating of 1 or not. Mayor Stirling said there is no intention to do any re-evaluating at this time. Mayor Stirling said based on the present criteria, Bates' house would not be scored above a 1. Mayor Stirling pointed out the Council does not score the structures. Council only receives appeals on this scoring. Mayor Stirling said scoring of 4 or 5 only requires a property owner to go through a demolition permit step. 1 Re4ular Meets na AsAen Citv Council ~rre 22. 1987 4. Hal Clark, representing Pitkin County Parks Association, said they would like to discuss with staff and Council improving pedestrian access in the west end for the M.A.A. Clark said they would like to discuss not allowing parking in certain areas, as well as vehicles access on certain streets. Councilman Isaac moved to schedule this issue for a special meeting of June 29; seconded by Councilwoman Fallin. All in favor, with the exception of Mayor Stirling. Motion carried. 5. Nick deWolfe said he thought the role of the historic preservation guidelines were to be on this agenda. deWolfe said these will come before Council for their consideration. deWolfe said the role of historic preservation in Aspen is in the process of evolution and change. deWolfe urged Council not to adopt the guidelines as an official document. deWolfe said these guidelines are overzealous and should not have official sanc- tions. Steve Burstein, planning office, told Council the HPC has been having work session on these guidelines; they are not ready to present to Council. Burstein said Council has to officially adopt any historic preservation guidelines. 6. Katherine Lee said at the last HPC meeting, there were only 3 members present. Ms. Lee said there has been very little public input into the historic guidelines; guidelines which will significantly effect property owners. Mayor Stirling said the Council needs an update on what is going on with the historic programs and the guidelines. 7 . L i nd a Summer s sa i d she has a survey f rom the West End on incentives for preserving old houses. Ms. Summers requested this survey be sent to all residents, not j ust those with old houses. Ms. Summers also asked about the appeal process for houses scored 4 or 5 and how long this appeal time will last. Ms. Summer said people have not been properly notified about the process. City Manager Bob Anderson told Council staff has sent letters to all property owners, whose structure scored 4 or 5, informing them of the appeal period. The idea of the appeal period is to give everyone a chance to respond to the scoring. 8. Regina Lee, owner of a historic residence, requested Council to review the HPC statute outlining the committee's dutie s and responsibilities with particular attention to the way in which HPC is interpreting and executing power over the private homeown- ers of historically designated houses. Ms. Lee told Council she has appeared before HPC for a white picket fence. Ms. Lee said the Mayor had told her the responsibility of HPC was to aid and suggest appropriate design and to be an advisory board. The HPC insists they are developing guidelines to provide information. 2 Regular- M~etinct ----~~ Asne~n City ~ounci~ .7trnP 22, _ 1987 The HPC has referred to these guidelines as an official document of the government and insisted Ms. Lee's fence be built accord- ingly and restricting measurement to less than is permitted by the building code. Ms. Lee pointed out that no government body should interpret the laws in an arbitrary and capricious way. Ms. Lee suggested that requirements for board members be review- ed. Ms. Lee appealed to Council not to adopt the guidelines into law for fear they will discourage the private sector from undertaking cost and work in restoring Victorians. Ms. lee said the guideline should be developed further with attention paid to architectural history that is unique to Aspen. Ms. Lee asked Council not to give town a law that may be interpreted by some in an arbitrary and capricious way and to restrict and discourage homeowners. 9. Kirk Scales, representing Polly and Steve Marolt, told Council their house on the historic scoring has gone from a 2 to a 5. Ms. Scales said the Marolts are afraid this is lowering their property values. Ms. Scales presented a letter to the record from the Marolts about their concern. The letter states the Marolts want to do with their property what they wish without restraint. The Marolts have lived in the house for 50 years. The house needs repairs and they do not want to go through special review for these repairs. The Marolts request their score be changed. Steve Burstein told Council the guidelines are still going through HPC process and will not be in f ront of Council before late July or August. Mary Martin said she would like to resign from HPC. She has worked for 4 years and has worked within the system. Ms. Martin said people should be looking at the town as an 1890 town. People who do not want to save their homes should give constructive ideas on what should be done. Mayor Stirling said homeowners are concerned about the process. Mayor Stirling said he would like the appeal process for struc- tures scored 4 or 5 extended at least 30 or 45 days. Councilman Gassman suggested putting off the deadline for appeals until there are some guidelines. Councilwoman Fallin supported this as Council may make changes in the guidelines and the deadline should be sometime in September. Mayor Stirling said the guidelines are to be used by the HPC to assist them in their work, primarily in the two districts and f or the landmark struc- tures. The other issue is the ratings done recently and the appeal process of those property owners with structures scored 4 or 5. Councilman Isaac asked what has happened to the incentive program recently turned down by Council. Councilman Isaac said he thought the 3 programs were to go hand in hand. 3 Re4ular__Mee-tna-- - - Aspen City Council ~7une ~ 22~, -198 Mayor Stirling moved to extend the end date on the appeal under Ordinance 11 from July 10 to September 10; seconded by Councilman Gassman. City Manager Bob Anderson said staff will prepare an ordinance for Council's consideration. All in favor, motion carried. Mayor Stirling said he would also like a report from staff the entire process and where incentive and guidelines fit in. 10. Leon Fell said he has tried to get on Council's agenda for the last two meetings. Fell said he would like to discuss use of the Koch lumber property for volleyball. Fell said the present volleyball courts are overused. Fell said he is trying to negotiate multi-year contracts for the Motherlode volleyball tournament. Mayor Stirling said this will be scheduled for July 13th. Fell said the parks department has already presented a tentative plan and budget for this proposal. 11. Gideon Kaufman requested help from Council on a code amendment. Kaufman pointed out under the GMP if a building permit is not obtained within 33 months, approvals are lost. Kaufman said he feels this was intended for condominiums and one- time projects and did not contemplate land subdivisions. In the county the requirement is that the plat has to be filed within 33 months. Kaufman said staff has said this code amendment could be dealt with when the city deals with code simplification. Kaufman said that process is going to take awhile; this code amendment requires is an immediate hardship. Kaufman told Council P & Z has said they would sponsor this code amendment and asked Council to direct P & Z to start this process. Councilman Isaac moved to direct staff to bring this proposed code amendment to P & Z at their earliest possible date; seconded by Councilman Tuite. Kaufman reiterated P & Z has said they are willing to sponsor this; however, staff has said they are not willing to do any more code amendments until code simplification comes into effect. Kaufman said he cannot wait for that. Mayor Stirling said Council should not be so inflexible they cannot respond to a hardship situation. Councilwoman Fallin said although this code amendment is generic, it is being sponsored by a project for which she has had to abstain and will do so. All in favor, (Councilwoman Fallin abstained) motion carried. CQUNCILMEMBE~ CfjMMF-N~S 1. Councilman Tuite said he would like Council to have their goals session as soon as possible. 4 Re-ctuiar __Me-eting --~- - ---A-~Pe-n CitX CouBcil dune 22. 1987 2. Councilman Isaac said he has had a number of comments about the children's swimming pool at Iselin park. The heat has not been working all year and this is keeping people away from the Moore pool. Bill Ef ting, recreation department, said the heat has been working recently; however, this should either be renovated or replaced. Councilman Isaac said he would 1 ike a report on the children's pool; it has been dirty and unusable. Councilwoman Fallin said this pool has had a history of not working. 3. Councilman Isaac said the corner of Hopkins and Monarch is the only corner in town where the stop signs are going north/south instead of east/west. Councilman Isaac said he would like a report from engineering on why the street signs are that way . 4. Councilman Gassman said he would like at different way of doing the agenda and opening up the process with more involvement from the Council and the public. 5. Councilman Gassman said he would 1 ike to look at rearrang- ing the Council Chambers. 6. Councilman Gassman said he would like to look at instituting zero base budgeting for the city. Councilman Gassman said this will take time f rom both staf f and Council but it could reap great benefits. Council suggested discussing this during the goals session. 7. Councilman Gassman said he does not want to go through another winter without cleaning the streets. Councilman Gassman said this is usually not discussed until winter time. Councilman Gassman said this may require more equipment, money or staff and Council should discuss this before budget time. Councilman Gassman said the streets are not cleaned during the winter, and this is a major part of the air pollution problems. City Manager Bob Anderson said staff has checked with equipment manufacturers, and the best technologies for cleaning streets are based on using water. This would restrict the times the city could use the equipment during the winter. Anderson told Council staff is looking at alternative types of equipment. Councilman Gassman said he would 1 ike this on the next Council agenda. 8. Councilwoman Fallin said the last Pitkin County Parks Association met at the Marolt property. Councilwoman Fallin stated she was appalled at the condition of the Marolt property. Councilwoman Fallin said there is parks department storage there, inside and under the barn; there were bags of garbage on the property and it had not been mowed. Councilwoman Fallin said it is outrageous the city has spent millions of dollars on open 5 Reqular Me-eting------------------Ashen CitX- Council June 22. 1987 space and is using it for junk storage, like the impound lot and snow dump at the Rio Grande. Councilwoman Fallin said she would like the parks department to find someplace else to do their storage. City Manager Bob Anderson said the city does use the Marolt barn for storage, which would be changed if the historical society uses the barn. Anderson said for the last several years the parks department has been attempting to expand their facilit- ies f or storage. Anderson pointed out the city has inadequate facilities for the parks department, streets department, and city hall. Anderson said the city tries to use what they can. Anderson said this will take a big commitment by the Council to start putting money into adequate facilities for their depart- ments. Councilman Tuite asked where this was all stored before the city owned the Marolt property. Anderson said at the golf course mainly. Efting aid in the past the machinery has been lef t outside. Councilwoman Fallin said what is inside the barn is not offensive; it is what is thrown and dumped around the property. Anderson noted there is no one currently living in the Marolt house and people may be dumping garbage. Mayor Stirling said the only thing Council authorized on the Marolt property was the undergrounding staging equipment, which is for this phase of the undergrounding work. Councilwoman Fallin said the Council will have to find money for these types of problems, and address some of these during the budget sessions and make definite steps by October. 9. Mayor Stirling said there has been a community committee proposed by the Aspen Skiing Company. The Mayor s of Snowma s s , Aspen and the Chairman of the County Commissioners have been asked to be part of the selection process to appoint members to this committee. There will be 25 members of the committee, and 12 of these will be appointed at-large by the selection commit- tee. Mayor Stirling encouraged anyone who has an interest in this committee to write a letter to the selection committee. 10. Mayor Stirling told Council he met with the IDCA board in Aspen on the status of the Meadows property. Mayor Stirling asked for a status report from the attorney's office on John Roberts' f oreclosure proceedings. Fred Gannett, assistant city attorney, told Council his office has had no communications with John Roberts. Mayor Stirling said the IDCA board has expressed an interest in participating in the future of the Meadows property by assisting in design, contributing money, or any way possible. Li~U6R-- Li-CEidSR- ~iEARIIdG - Aspen Artists' Gallery Lee Larson, representing Aspen Artists' Galley, told Council this is primarily a Roaring Fork artists gallery and would like to start bringing art in Aspen up to international standards. 6 Rea-u-1 a r -Meet-n-u- ------- - --_ _ _ _._ _ -As~ae rr C itv Coon c-i i ~ ~n e . Z 2 . 19 8 Larson said a pleasing feature of art galleries and museums in some other town is to be able to have a small refreshment area. Mayor Stirling said this was left off the agenda, and asked if there were posting and publication. City Clerk Kathryn Koch said this has been posted and published for this meeting. Council added this to the agenda as VI(b). Mayor Stirling requested Council move up VII (v) Formalizing Sister Cityship with Chamonix to the first action item. ORi~INAItTCE---# ~4; ---~fRg-~_-_}g87 - Sale of Red Roof City Manager Bob Anderson told Council there is still negotiating to be done. The city attorney is out of town, and this hearing can be continued to finalize the negotiation. Anderson said two items are still in some flux; the appropriate amount of earnest money, and money to get a potential 30 day extension to the 90 day period. Anderson told Council the majority of items in the contract have been agreed upon. Herb Klein, representing Infotel, told Council the staff and applicants have made good progress. One of the issues is for Inf otel to be able to purchase, if needed, a 30 day extension. Klein pointed out almost all contingencies have been eliminated, especially those concerning the financial aspects. Klein said because of the tight time line, the applicants feel it would be prudent to have the ability to extend the closing by 30 days, if needed. Infotel has agreed there will be an additional price paid f or this extension. Klein explained to Council he thought the price was agreed upon with the city attorney; however, the attorney left town and the price is quite different in the contract with a percentage price rather than a dollar amount. Klein said the applicants thought the amount was 510,000 as the extension. The draft contract states interest at 10 percent, which is about twice the amount. City Manager Bob Anderson said there was a misunderstanding when the 510,000 figure was used in terms of what interest rate was used to make the calculation. Anderson said if Council is interested in this extension provision, do they have a standard. Anderson said this provision is new since Council first saw this contract. Infotel has said, given the complexities in their purchase, they may need extra time. Council has said this is to be complete in 90 days. Anderson said anything after 90 days is lost money to the city. Infotel is willing to come up with a flat rate for this extension to offset any interest lost. Infotel's contention is that interest should come to the city based on 5.5 interest rate, which is being accrued to their earnest money . Anderson said the city should charge at least 7 Reauiar-Meet-izx~cr~--___.___.__ _ _. ___ll~~e-~x --eity Cou~nc~l June 2~. 1987 what would be lost on the interest rate, had the money been invested by the city. Steve Conger, Infotel, suggested this be tabled until the contract can be agreed upon by all parties. Councilman Isaa c asked if this is tabled, will the closing date be extended. Klein said there is no closing date; it is after adoption of the ordinance. Councilman Isaac said the extension may not be necessary if this is tabled to the next meeting, which is 3 weeks away. Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilman Isaac asked who will be paying the real estate transfer tax. Anderson said these are f ollowing a typical real estate transaction; all customary fees will be paid by the people who customarily pay them. Anderson said the outstanding issues that remain are how much time this property remains off the market while the contract is resolved. This was suggested at 90 days but the time is pushed back. In consideration for that is how much incentive Infotel has to close the deal. Anderson said the applicants claim they are investing a lot of money in order to get the deal closed. Councilman Gassman said he is upset this property will be kept off the market f or such a long time with not much compensation. Councilman Gassman said he felt the intent of the proposal was that this was a simple deal and it would be wrapped up quickly. This may be reflected in a low amount of earnest money compared to other real estate transactions. Mayor Stirling pointed out one purpose of earnest money is to assure the buyer has the incentive to close the deal. Another purpose is assurance f or the seller because the Council eliminated 6 other offers to respond to this offer. Mayor Stirling said he feels one-half percent for 90 days is too little. Conger said Infotel was the only cash offer. If this was not a cash offer, the city would not need earnest money but would be collecting lease payments. Conger said they are incurring a lot of costs in this process. Earnest money would not have been an issue with the other 6 offers. Councilman Isaac noted the city has had this property off the market for 40 days, and asked if the applicants are going to be able to close the deal. Conger said until he has a contract, he cannot buy the property. Conger said first Infotel has to have a contract, then they do a legal offering, which takes at least 60 days. The investors are not legally allowed to give Infotel money until the offering is completed. 8 Re-4txl a r---Meet-rrrc~__~.---- __ ---- --- ~ ~e-n e tv_ -Ca un crl ,~~2 . 19 8 Mayor Stirling said he would like to see $100,000 as earnest money, which is about 4 percent of the purchase price. Conger said he would have to see if he could raise the earnest money. Councilwoman Fallin asked if Infotel has investors. Conger said they have investors willing to go into the deal. Councilwoman Fallin said she is not in favor of extending this past 90 days. Conger said if Infotel can show due diligence toward completion, could they have an extension. Council said there has to be more earnest money over the 90 days. Councilwoman Fallin said in order to get an extension, Infotel would have to show they are about 75 percent complete. Councilman Isaac concurred with the suggestion that the city receive interest on the money if the city had the full amount invested. Mayor Stirling moved to table Ordinance #24, Series of 1987, to July 13, 1987; seconded by Councilwoman Fallin. All in f av or, motion carried. Councilman Gassman said he still objects to making the land use approvals part of the contract, and having the city commit to a time frame. L I-O gQR~--~,~Ef:Ei~gE---I~EAR-I NG - As pe n Artists ' Gal 1 e ry Mayor Stirling opened the public hearing. City Clerk Kathryn Koch explained this is a request for a tavern license, which is the same as a three-way license except in the food requirements, full meals are not required. Ms. Koch reported the posting, publication and files to be in order. Lee Larson, applicant, told Council this would be primarily an art gallery with the refreshments as an adjunct to the art gallery. Cathy Anderson told Council their gallery started in December 1985 offering arts of Aspen, to show working artists in Aspen. This license in an amenity to selling art. There will be limited seating and the gallery will sell only imported beer and wine, with no well drinks. Mayor Stirling asked for opponents to the license. Ms. Anderson said they have received a lot of support for this proposal. Councilman Isaac pointed out under the UBC, new restaurants have to be wheelchair accessible. Councilman Isaac said he would vote against a license that is not wheelchair accessible. Mayor Stirling said he is not excited about an arts gallery getting into dispensing of food and beverages. This would create a competitive situation. The primary business is the presentation and selling of art. Mayor Stirling said all the other art galleries in town may request a tavern license. Councilwoman Fallin asked about art galleries that serve wine at openings. Ms. Koch reported it is not legal to consume wine at these openings. 9 Reuu 1 a-r--Mee-t i-na---- ---- -- -- _.-_._A~xse-n---City Ca u~n-c i i ,~??n-e 2 2 , i 9 8 7 Councilwoman Fallin moved that based on the evidence presented at the public hearing held June 22, 1987, relating to the applica- tion of the Aspen Artists' Gallery & Cafe for a tavern license, the city council finds that the needs of the community have not been met and the license as applied for is hereby granted. Motion DIES for lack of a second. Mayor Stirling said there is concern, generally, that there may be too many places that dispense liquor in town. Mayor Stirling said there is a competitive aspect in this application with places that are primarily serving food and alcohol. Councilwoman Fallin said if Council is not going to issue this licence, the city should crack down on galleries that are serving liquor at openings illegally. Larson said this type of arrangement is becoming more popular on the west and east coats, and he would like to see Aspen compete in the arts. Larson said their hours would not necessarily conflict with those of restaurants. Councilman Gassman said he does not see this as a need; there are plenty of places in town to buy a drink. Councilman Gassman said every art gallery in town would want to have a license. Janna West asked how many people can be served at the Wheeler. Mayor Stirling said the Wheeler has 450 seats. Ms. West said she does not see how business can be threatened by 15 seats in an art gallery. Councilman Tuite said he is concerned about the precedence of this application, and they would be in direct competition with the bars and restaurants. Councilman Tuite said Aspen has enough bars and restaurants, and selling food and drinks is their business. Councilman Tuite said if this is approved, the Council would have to defend this action to the other art galleries. ~'ORNtAL I ~ ING ~~ C~i~i~I-P--i~_ITiI-_ _-C~Ai~7N I~ Chamonix sent a telex announcing their adoption of the sister cityship with Aspen. Mayor Stirling read a proclamation for- malizing the sistercity with Chamonix, France and Aspen, proclai- ming the week of June 22 through 29 as Chamonix week. Councilwoman Fallin moved to approve the proclamation; seconded by Councilman Tuite. All in favor, motion carried. Mayor Stirling requested the proclamation be forwarded to Chamonix. RL~CT i-@i~- 8~`--MA~l-PRf1--~LM Mayor Stirling moved to nominate Tom Isaac as Mayor Pro Tem; seconded by Councilman Tuite. Mayor Stirling said this is the second time Tom Isaac has been on the Council; he has also served as an assistant to state Senator Tom Glass. 10 Re-gul-ar--Meet~i-ng_ ~____ _~e.n___Cit~r_~.C~uncii June 22 .- .1987 Councilman Isaac and Mayor Stirling in favor; Councilmembers Tuite and Fallin opposed. Councilman Tuite moved to nominate Pat Fallin as Mayor Pro Tem; seconded by Councilman Gassman. All in favor, motion carried. CO~J NC-i~-- Roari ng-- ~`orirT-ra~rs-it-~g~c_y . Mayor Stirling and Councilman T u i t e indicated an interest to serve on this Board. Councilman Gassman nominated Mayor Stirling to RFTA; seconded by Mayor Stirling. Councilman Isaac moved to nominate Councilman Tuite to serve on RFTA; seconded by Councilwoman Fallin. Councilman Gassman and Mayor Stirling in favor of Stirling; Councilmembers Isaac, Tuite and Fallin in favor of Tuite. Councilman Tuite will serve on RFTA. Councilwoman Fallin said Bill Stirling serves on a lot of committees because he is Mayor. Colo m.c-i-na~--L-eaqu~. Councilwoman Fallin said she would be willing to serve on the policy committee of CML. Corr-a-do -~s~o~iat-ion-~~~f--S-ki -~owrrs. The Mayor and City Manager serve on this board. Councilman Gassman said the Mayor feels he has a duty to represent the public or constituency, regardless of what the Council feels. Councilman Gassman said in sending the Mayor to CAST, this may be picking as a representative a person that is not necessary going to represent the city or the Council. Councilman Gassman asked when the Mayor took the petition to Washington, did he make a point of explaining the city's position on the issue. Mayor Stirling said there was no city position; he was asked as the Mayor of Aspen to take the petitions to Washington. Councilman Gassman said the city's position was to not comment. Mayor Stirling said he made it clear he was acting on behalf of the petition on and not on behalf of the city Council. Councilman Gassman said the Mayor represent s what he sees as the will of the people and this could come in conflict with a city position that the Mayor did not agree with. Councilwoman Fallin asked exactly what CAST does. Mayor Stirling said CAST lobbies from the ski towns' point of view, not the ski areas. There have been tax issues, Stapleton airport, CAST holds the legislative tour every year, meets with the forest service. Councilwoman Fallin asked if the representation by the Mayor and Manager is in the by-laws of CAST or up to each municipality. City Manager Bob Anderson said typically the Mayor and Manager 11 • ?-nne 22-, i 987 Re~~zl-ar__ .-._._._.~. - ~s--Cit~r---C~-u~rrc~i attend but some communities have more than one member from Council attend the meetings. Councilman Gassman said if Council is the government of the city, it is important that the entire point of view be represented. This could conflict with views held very strongly by the Mayor. Mayor Stirling said if Council directed the Mayor to take a position in relation to CAST, he would take that position. Council appointed Mayor Stirling t o CAST. ~~T'-t-~~ ,,,,i ~.. ~atn't~~---of--~-G~~rrimEnt~s. Councilwoman Fa11 in has been serving on this and can no longer do it. Councilwoman Fallin said in past years, COG has a lot of money. Due to federal cut backs, there is not as much money. COG does a lot with job training and with senior citizens. George Madsen has been trying to get through a vote that COG meet q uarterly and the executive board take care of business in between. Councilman Gassman asked if there is a compelling reason for Aspen to stay members of COG. Councilwoman Fallin said the dues are fairly high. Councilwoman Fallin said COG used to work on land use and water issues, and it was beneficial to Aspen and Pitkin County to have help in these issues. Councilwoman Fallin said Pitkin County and Aspen may not be using COG the way it should be used. Mayor Stirling suggested appointing a Council member to COG, and then decide whether to be involved or not. Councilman Isaac said COG will be reporting soon to Council what programs are going on. Councilman Tuite said he will serve on COG. 5-;-~t-_ __ _ _ _ Comrmrt-tee. Councilman Isaac will serve on this committee. C -ub---~fl . Mayor Stirling said Tom Oliver and Eve Homeyer are already representing Pitkin County. Mayor Stirling said this is a lobbying group f or business on the Western Slope, and Council does not need to align formally with it. Rt~~-~--W ---Aut~ro-r-ity. Councilman Isaac said he will serve on RWPA. A~p~rr-R-es-Qrt--~sso-c-i-at-i-on . Co un c i 1 man Isaac said he attends these meetings and has discussed being a non-voting member of the Board since the city is involved. Councilman Isaac will continue to serve on this Board. N-~r-c~i-c -Co~urrc~i . Councilman Gassman will be the representative to this Board Ashen- art---M~ns-e~znr: Councilwoman Fallin said she has been working with the arts Council as 1 iaison and would be interested in serving as representative to the art museum. 12 €t~gtx-rar--i~e-e-tirnc~r--___---,__ e-rr--City --~otrrrc~=3. JIInE_ 22 . 1 ~s~ coU-~e~- ~eA~ s--~~~ Council scheduled a goals session for Tuesday, July 7, from 1 p. m. to 5 p.m. in the Council Chambers. Councilman Isaac said he would like to get the results of the last goals session showing Council's priorities. cue ~-M -s ~~~-eE~ Councilman Isaac said he felt there ought to be a policy so that Councilmembers would know when another Councilrnember is calling a press conf erence, the date, time and subject. Councilman Isaac said if it is not directly city business, the press conf erence should be held somewhere else besides the Council chambers. Councilman Isaac said Council needs to work together and should be cognizant when they speak for themselves, they are also speaking for Council. Councilman Tuite said his concern is when a press conf erence is held, whoever is speaking makes it perfect- ly clear they are speaking f or themselves if it is the minority opinion. Councilman Gassman said he feels Council is a deliberative body who tries to thrash items out at the Council table. Councilman Gassman said that is the way Council develops a city point of view on an issue. Councilman Gassman said he has a problem with carrying that debate beyond the point of making a decision on an issue. Councilman Gassman said he would like to try to confine the debate and argument on issues to a forum when all Council is present rather than conducting it in the press. Councilman Gassman said the public is better served. Councilwoman Fallin said no one is arguing that the right of free speech in preserved in the first amendment. Councilwoman Fallin said the concern is how the Mayor goes about expressing free speech. Councilwoman Fallin said when the Mayor calls a press conference, everyone attends. Councilwoman Fallin said one is abusing powers given in an election by calling a press conf erence when one does not agree with the way the vote turns out. Councilwoman Fallin said calling a press conf erence to get support for a minority vote takes away from the importance of Council meetings. Dan Arrow said he feels strongly about this issue and how important it is. The Constitution of the United States included the right of free speech. Arrow said he feels the citizens of Aspen are better served by hearing from each of the Council outside as well as inside the Council room Councilman Isaac said he feels it is common courtesy to show to fellow Councilmembers that a Council person is acting on city business to let them know about press conferences. Arrow said he f eel s the more peopl e 13 -Co-urr~-i~ J-un e _ 2 2-.-_ 3.9..8 speak out the better. Sy Coleman suggested every Council person has the right to have press conference but there should be some minimal notice given. Richard Roth said it is dangerous trying to abridge anyone's right of free speech. Roth said by giving public notice is abridging that right. Councilman Isaac said he has no problems with Councilmembers having press conferences; however, the other members ought to be aware of these conferences. Wainwright Dawson said Council carries out policy, which is the will of the people. Dawson said when someone represents the people publicly, they have a right to speak. 3`Rf1LL E~--S~'f~ ~ Councilwoman Fallin moved to appropriate money to relocate the trolleys cars because they have to be moved this week, without debating the merits of selling them, to appropriate up to $5000 to have the 5 trolley cars relocated to the county dump and an additional $500 to purchase tarps to cover the trolleys; seconded by Councilman Gassman. Mayor Stirling said he does not favor putting them at the dump; symbolically it is not a good place to put the trolleys. Mayor Stirling said he would rather secure them in a place they could be worked on. Elyse Elliott, engineering department, said they have been heavily vandalized where they are currently stored. Jon Busch said had the trolleys been stored properly they could be sold on the ope n market f or about $30,000 a piece. Busch pointed out, even in the deteriorated condition, these trolleys continue to appreciate because there are no more trolleys to be purchased. Busch said if these are moved indoors, they will not deteriorate any further. Busch said the city should arrest and stop a diminution of a city asset. Busch said he is working with a private developer on a proposal to give Council in the fall. Mayor Stirling suggested Ms. Elliott try other companies to see if these can be moved for less than $5,000. Councilman Isaac said he would like to sell the trolleys and has wanted to do so for years. Wainwright Dawson said these are unique and valuable items. Dawson said this may not be the time to sell trolleys; they may become necessary to help solve the pollution and traffic problem. Councilman Isaac said he would like to see someone who can take care of these trolleys take them over. All in favor, motion carried. B ~--6F-- ~ R~ Gideon Kaufman, representing the applicant, requested this be tabled to July 27, 1987. Councilman Gassman moved to table this 14 Ci tv- Ccsurtcr~. Jnne ~2 ; ~1-9-8 to July 27, 1987; seconded by Councilman Isaac. All in favor, motion carried. ~- E~EN~-~@N - 53 4 East Coope r Employee Unit Andy Hecht, representing the applicant, told Council this building is located on the northwest corner of Hunter and Cooper. It is being constructed on plans approved for a building permit. Hecht told Council this building does not have the full floor area ratio permitted by the site but has the full FAR permitted for replacement of the previous building. Hecht said they would like to take the remaining floor area permitted if they had GMP approval and commit it to employee housing. Hecht said this will be deed restricted. The applicants object to restricting the off street parking as well. Hecht said it has been Council's policy in the commercial core with employee housing never to require parking in the 25 units that have been approved under GMP. Hecht told Council this building is not being built under GMP and they are voluntarily giving an employee unit. Hecht said the area f or parking spaces was counted as floor area for the commercial development. Steve Burstein, planning office, agreed there is a strong precedent f or not having on-site parking. Burstein said staff believes this is a case of mitigation of impacts. It is likely there will be parking needs created by this two bedroom unit and it is appropriate to provide on-site parking. Councilwoman Fallin said she will vote against this unless parking is in- cluded. History has to change sometime, and Councilwoman Fallin said on P & Z she argued strongly to get the parking requirement in developments put back into the Code. Councilwoman Fallin said the city has reached a point where parking is impacting the town. Hecht pointed out this development is providing employee housing, although it is not required. Councilwoman Fallin said it was a mistake from the beginning not to require parking. Councilman Isaac said this is a good example why the city needs a cash-in-lieu of supplying parking program. Councilman Isaac said the city does need to take care of the parking problem; however, this building is not the place to start. Hecht said they are willing to restrict the parking places to employee use, while the spaces are there. However, if the developer ever uses the FAR for commercial purposes, they do not want to be inhibited from converting this to commercial purposes, the floor area ratio was debited to that. Councilman Isaac moved to approve the requested exemption from the GMP quota system for the purpose of creating a two-bedroom employee unit with two conditions; seconded by Councilman Tuite. 15 1- --_ --~p~n_.-~i-ty_..~urr~i~ June.-22-._.--1987 All in favor, with the exception of Councilwoman Fallin. Motion carried. Councilwoman Fallin moved to establish an off street parking requirement for two spaces for the two bedroom employee unit. Motion DIES for lack of a second. Mayor Stirling said Council need to take action on the parking problem. Burstein said Council is establishing a zero parking requirement for this development. Council said yes. ~`i~i~fiA~~-A~- :~~ I-E-i-0~1 - Aga t e Steve Burstein, planning office, said the staff has been working with the app~.icant to resolve all the problems before bringing the final plat to Council. Burstein said at request of some Council, there will be an expedited review at a special Council meeting June 29, 1987 . Doug Allen, representing the applicant, told Council the applicant has a deadline on closing of July 2, 1987, and the purchaser is requiring that final plat be done by closing. Allen requested a special meeting June 29 to accomplish this. Allen told Council they were not able to get on a regular meeting due to both staff and applicant's restraints. Councilman Isaac moved to call a special meeting June 29, 1 987, to include the final plat for the Agate; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. f1RD~ - Reconveyance Zol ine Easement Councilman Isaac moved to read Ordinance #23, Series of 1987; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #23 (Series of 1987) AN ORDINANCE APPROVING THE CONVEYANCE TO JOSEPH ZOLINE TO TWO OPEN SPACE CONSERVATION EASEMENTS ACQUIRED BY THE CITY IN DECEMBER, 19 81, AND NOVEMBER, 19 82, FROM J OSE PH Z OL INE FOR THE PURPOSE OF CORRECTING AN ERROR APPEARING IN THE LEGAL DESCRIPTION IN THE DEEDS CONVEYING THE EASEMENTS; AND AUTHORIZING THE MAYOR TO EXECUTE SAID DEEDS ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Isaac moved to adopt Ordinance #23, Series of 1987, on first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Gassman, yes; Fallin, yes; Isaac, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. 16 R~g-tri-ar--M~et~i-rrg- -- --~suen--pity-. ~ou-rrc-i 3~rre -2~2 : __198-7 6- 8- :- _--- E E`R-I~-g----B-F---1-9-$-7 - Annexing Kn of l wood , Eastwood , Aspen Grove Councilman Isaac moved to read Ordinance #28, Series of 1987; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #28 (Series of 1987) AN ORDINANCE ANNEXING TERRITORY TO THE REFERRED TO AND DESCRIBED IN THAT PETITIOI TERRITORY TO THE CITY OF ASPEN CERTIFIED ON APRIL 2 7 , 19 8? , COMMONLY KNOWN AS TH E WOOD/KNOLLWOOD SUBDIVISION (EXCLUSIVE OF by the city clerk CITY OF ASPEN AS N FOR ANNEXATION OF BY THE CITY CLERK "ASPEN GROVE/EAST- BLOCK 4) was r e a d Councilman Isaac moved to adopt Ordinance #28, Series of 1987, on first reading; seconded by Councilman Tuite. Roll call v ote; Councilmembers Tuite, yes; Isaac, yes; Fallin, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. a R- - #~-5 ,- -6~--3-9-87 - Creating R-15B Zone District Councilwoman Fallin moved to read Ordinance #25, Series of 1987; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #25 (Series of 1987) AN ORDINANCE AMENDING SECTIONS 24-3.2 AND 24-3.4 OF THE ASPEN MUNICIPAL CODE TO CREATE THE MODERATE DENSITY RESIDEN- TIAL (R-15B) ZONE DISTRICT was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #25, Series of 1987, on first reading; seconded by Councilman Isaac. Glenn Horn, planning off ice, this annexation does not include block 4 Knollwood on the south side of the highway. The surveyor drew this up with the highway as the division. Block 4 and the Sparovic subdivision will be annexed subsequently. Horn told Council this is 114 parcels, about 80 acres, 4 subdivisions, all zoned R-15 in the county. Horn pointed out in the R-15 zone district in the county, only single family houses are permitted; duplexes are not permitted. Horn told Council there are 3 existing legal non-conforming duplexes created prior to the down zoning in the county. Horn told Council staff met with the property owners prior to P & Z meeting to discuss the zoning in the area. Horn told Council most of the residents would prefer to have a zone 17 ~c~u-l a-r-_l~eet-rrrcr- -______~,.~~.~.~i-~.._C.~-u.n~il June- 22L-987 district which precluded new duplexes in these subdivision, as opposed to the R-15A, in which duplexes are permitted. Horn reminded Council when the R-15A zone district was created, there was a provision which required new duplexes to restrict half the units to employee housing guidelines. The resident s have said duplexes would change the character of their neighborhood in the areas proposed to be annexed. Horn noted, based on these comments, staff tried to develop a new zone district, R-15B. Horn said they started with comparing the county R-15 and the city's R-15A, and tried to develop R-1 5B in such a matter as to not create any non-conformities. Horn said in most cases, they have not created non-conformities; however, there are some cases where some will be created in height and the definition of a duplex. Horn said the issues of creating non- conf ormity can be resolved prior to annexation. Horn said the residents feel the city's sliding FAR scale is too permissive in the size of houses that could be built and would change the character of the neighborhood. Horn recommended going with .7 of the city's sliding scale. This would permit some expansion of structures but would keep the area consistent with the character. P & Z had discussed .72 to .74 of the sliding scale but did not make a recommendation. Councilman Isaac asked if .7 of the sliding scale will work in other areas proposed to be annexed. Horn said he would have to look into that to see if R-15B will fit in other subdivisions. Horn said there are 3 non-conforming legal duplexes, and the issue is whether Council wants to provide some relief f or them or to have them continue as legal non-conforming duplexes. One option is to amend the non-conforming section of the code. Another option would be to spot zoning these duplexes R-15A. Horn said the other alternative is to leave the duplexes as legal non-conforming duplexes, which is recommended by staf f and P & Z. Councilman Isaac said he is willing to try the .7 FAR approach but would like to know how it will f it in other areas. Gideon Kaufman said the county has a .16 FAR and it has been discussed changing this to .2 FAR, which would be equivalent to a .74 or .75 in the city's proposal. Councilwoman Fallin said she is concerned about leaving the duplexes non-conforming. Councilman Gassman said he feels strongly Council should not be trying to solve zoning problems by annexation as long as they are not creating any more problems. Horn reporte d P & Z recommended a 28 foot height limit, which would match the existing height limit in the county. Staff recommended at 25 foot height 1 imit because of the debate when 18 Re~tl-ar ~- --- --A-s~e~n - ~ t~r-~-~ u~n~~ Jane - 2 ~-;_ _ 19 8~ the existing FAR was adopted in the city. There was a lot of discussion, and the city height limit was reduced to 25 feet. Horn said P & Z disagrees with this, and Ordinance #25 reflects the P & Z recommendation. Horn presented a letter from resident, Nick McGrath, stating the height 1 imit should be 25 f eet but there should be legislation to create remedies for existing structures to exceed the height limit. McGrath also addresses the definition of a duplex and the 8040 greenl ine review. Councilman Isaac asked the impact on existing structures of going with a 25 foot height limit. Horn said there is significant impact in terms of making structural repairs. Councilman Isaac said he would go with the P & Z recommendation; Councilwoman Fallin and Mayor Stirling said they prefer 25 feet. Councilman Gassman said if 28 is existing, not to change it; Councilman Tuite agreed. The consensus is 28 feet. Horn brought up the conditional uses in the R-15B zone district, and conditional uses are not unusual in any zone district. Horn pointed out residents are reluctant to see some of these condi- tional uses in the neighborhood. Residents have to have some faith in the discretion of the P & Z as to whether these uses are appropriate conditional uses. Horn said the city should retain the flexibility of leaving these conditional uses in and rely on the discretion of P & Z. Mayor Stirling noted these subdivision are about 80 percent built out. Councilman Tuite asked if these conditional uses are for consistency purposes. Horn answered yes. There is a public hearing in front of P & Z for any of these uses. Wainwright Dawson suggested there is a strong sentiment in the community for more homogenous neighborhood covenants where the homeowners decide what they would like to see in their neighborhoods. Horn said by not adding these condition- al uses, these options would be precluded entirely. Bil Dunaway said 90 percent of the conditional uses are approved. Dunaway said he would like to see some of these conditional uses deleted. Mayor Stirling moved to delete all the conditional uses; seconded by Councilman Gassman. All in favor, with the exception of Councilman Isaac. Motion carried. Councilman Isaac pointed out if the city uses R-15B in other proposed annexation areas, these conditional uses are already in existence and should be left in. Horn brought up the dwelling unit definition, "One or more rooms in addition to a kitchen and/or bath facilities, intended or designed for occupancy by a family or guests independent of other families or guests". Horn told Council there is reluctance on some of the property owners to accept annexation if this defini- tion of a dwelling unit is to be continued to be used. Horn said the problem is "kitchen and/or bath facilities intended for independent occupancy". Horn said there could be some discretion 19 ~ec~u-ice-- ----- - --~suP-n-_ C~.ty-_Co~urrc i3 June. - 2 2-:_~3 9 8~ given to the zoning official in determining what is a separate unit and what is not. Horn said Council can address this definition outside the code re-write. Council can postpone the decision until the code is re-written which has implications on the residents' support of this annexation. Horn said the definition was written to address numerous short term uses in residential areas in the city, and there are valid reasons for the definition staying in the code. Horn said Council should look at the implications of deleting this defini- tion for the rest of the city. Mayor Stirling said he does not want anything to slow down the annexation program so this should be dealt with now. Gideon Kaufman said the two issues in this annexation are the definition of dwelling unit and the 8040 greenline review. Kaufman said in the hilly areas there are many two-level homes with sliding doors and a separate way to get into the house with a bathroom downstairs. Kaufman said this area would become subject to a zoning officer's interpretation that they are duple- xes. Kaufman said the residents do not want to be worse off if they are annexed. Kaufman noted these areas are not now subject to 8040 review, and they should not be. Kaufman suggested Council modify 8040 review so that it does not apply to the majority of structures or only applies to new structures. Kaufman suggested the definition be re-written so that these structures are not construed as duplexes. Councilman Gassman said if Council deleted the reference to bath f acilities in the definition, it may take care of the problem. It is the kitchen facilities Council is concerned with. Horn said he can research the legislative intention of the definition before second reading. Mayor Stirling asked if Council wants to integrate the issue of the definition of duplex and 8040 in Ordinance #25. Council agreed. John Kelly said the worst thing the city can do is create a zone district which creates problems which have to be fixed later on. Council requested a definition for this zone district, and then have staff work on the def ini- tion for the code re-write. Kelly pointed out virtually every lot in the proposed annexation areas would be affected by an 8040 review. Mayor Stirling said Council will either exempt existing structures or will set a higher elevation. Councilman Gassman said he does not feel the 8040 regulations apply to a previously platted subdivision. Steve Burstein, planning off ice, told Council some of the reasons for an 8040 review are water constraints; however, in this subdivision there are two water tanks. Other constraints are environmental and visual. Kelly said if new construction on an undeveloped lot, needs 8040 review, fine. Councilwoman Fallin asked if 1041 review applies in this subdivision in the county. Horn said 1041 review does 20 R+er~ui-ar~ --Me~e-trnrr-~--__ ..~__~~~e-~r -~itv~--C~urrc-i~. ,~-trn-e- -2-2-.~ 1--9-87 not apply in platted subdivisions. Horn said he will work on these amendments before second reading. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. O~I-NF•-~6--, --3~Ri~g--8~`--1-9-8-7 - Zoning Aspen G r ov e Councilwoman Fallin moved to read ordinance #26, Series of 1987; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #26 (Series of 1987) AN ORDINANCE ZONING APPROXIMATELY 79 ACRES OF LAND KNOWN AS THE ASPEN GROVE SUBDIVISION, EASTWOOD SUBDIVISION, KNOLLWOOD SUBDIVISION EXCLUSIVE OF KNOLLWOOD, BLOCK 4 ALSO KNOWN AS THE ASPEN GROVE/EASTWOOD/KNOLLWOOD, ANNEXATION AREA; GENERALLY LOCATED EAST OF THE SALVATION DITCH AND NORTH OF STATE HIGHWAY 82, THE CITY OF ASPEN, PITKIN COUNTY, COLORADO TO R-15B was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #26, 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. O~BI-~Ai~C-L~ - #~ ; -~~E~--~F--3~7 -Appropriation s Councilwoman Fallin moved to read Ordinance #22, Series of 1987; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #22 (Series of 1987) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $3 ,120; APPROPRIATING GENERAL FUND EXPENDITURES OF $ 81, 6 40 ; TRANS- FERRING $1,000 FROM THE GENERAL FUND TO THE EMPLOYEE RETIREMENT FUND; RECOGNIZING WHEELER TRANSFER TAX FUND REVENUES OF $27,500; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $27 ,500; RECOGNIZING ASSET REPLACEMENT FUND REVENUES OF $10,310; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $28, 140; APPROPRIATING LODGE AREA SPECIAL IMPROVEMENT DISTRICT CAPITAL PROJECTS FUND EXPENDITURES OF $10,000; APPROPRIATING ELECTRIC FUND EXPENSES OF $391,925; APPROPRIATING EMPLOYEE RETIREMENT FUND EXPENDITURES OF $76,000 was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #22, Series of 1987, on first reading; seconded by Councilman Gassman. Roll call 21 . - --- --Aspen---~ i ty--C~o-nn~i~. Jurne --_2.2 : _- 1987 vote; Councilmembers Tuite, yes; Isaac, yes; Fallin, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling moved to table the Aspen Skiing Company Vending License f or kiosk to a date uncertain; seconded by Councilwoman Fallin. All in favor, motion carried. Mayor Stirling moved to table items VII m, q and t (Canyon Cable TV Easement, Coors Classic Contract, and Request to use Marolt Property - Historical Society), to June 29, 1987; seconded by Councilwoman Fallin. All in favor, motion carried. Councilwoman Fallin moved to reschedule the East Meadow/Jukati annexation public hearing to July 27, 1987; seconded by Council- man Gassman. All in favor, motion carried. Councilman Gassman moved to suspend the rules and continue the meeting to 9:30 p.m; seconded by Councilman Tuite. All in favor, motion carried. ~~E-~'_ - Mesa Store Elyse Elliott, engineering department, told Council this is f or an existing historic encroachment. The only unusual request is that the applicant i s asking that the $300 application fee be waived. Ms. Elliott told Council the HPC made the applicant rebuild the awning as a condition of approval. The applicant was not told he needed an encroachment license. Staff asked them to go through the process f or this license, which the applicant had no problem with but felt the fee should be waived. Council- woman Fallin said the awning is part of the Mesa Store, and asked why they had to have an encroachment license. City Manager Bob Anderson said it is a chance to get historic encroachments on file and recorded. Anderson said he feels it would be good incentive when the city wants an encroachment replaced, to have the $300 waived. Councilman Gassman moved to grant the Mesa Store an encroachment license for their historic encroachments and to waive the $300 fee; seconded by Councilman Tuite. All in favor, motion carried. ~L~#H~--.--~iG - Farmer' s Market/Rio Grande Staff has recommended approval of the vendor's agreement for each Saturday between 7 a. m. and 6 p. m. Councilwoman Fallin said she thought this agreement was going to be with a non-prof it group and did not intend to give it to a f or profit group. Lorie Adams, applicant, said Windstar has gotten discouraged over the process and they have given her approval to sell their produce as 22 . -a _ _ . _-__-A~p~n--_ertv---eorumc-i-~. 3urr;~_ 2-2--__1-98-~ well as the produce from Verena project. Ms. Adams said she would 1 ike to have to opportunity to have a farmer's market 7 days a week. Ms. Adams told Council from a business standpoint, it does not make sense to do it 1 day a week. Ms. Adams pointed out in this community there is little chance to purchase garden grown vegetables. Ms. Adams said the official policy of the city is to discourage vendors. Ms. Adams said she understands the policy; however, vending produce is different. Everyone eats produce and they have only the supermarkets in which to purchase this. Ms. Adams said there are farmer's markets all over the country. Ms. Adams said in the county, one has to purchase a permit for S15 every 3 days. Ms. Adams told Council she would take up 6 feet by 3 feet plus the truck at the Rio Grande. Mayor Stirling asked if the farmers market would be willing to accept Council's reconsider- ing a change in the administrative policy about private property. Councilman Isaac asked if there is a possibility of using private property. Ms. Adams said her two possibilities, the Grainery and Gracey's, are both zoned office and there are no retail sales allowed. City Manager Bob Anderson said the difficulty is how flexible to be with a temporary use versus permanent uses. Anderson said staff tried to assign a public place where a group of farmers could sell their goods. Anderson said the reason for 1 days a week is because of the public parking. Councilman Tuite asked if Ms. Adams approached Clark's and City Market. Ms. Adams said they indicated they were interested; however, they are tied to existing contracts. Hap asked if this is to be restricted to produce from Colorado and only edible products. Councilwoman Fallin said the original approval was strictly a farmer's market f or fruits and vegetables. Council- woman Fallin said the contract reads "including but not limited to" and she wants it very restricted. Councilwoman Fallin said she has no problem with Saturday and Sundays at the Rio Grande. Ms. Adams said a farmer's market will not work only two days a week. Mayor Stirling moved to pass the vendor's agreement with striking "but not limited to" and adding Sunday; seconded by Councilman Tuite. All in favor, motion carried. - GRIP Tom O1 iver distributed a memorandum indicating why they would like to have the city's participation of $3,000 in this project. This initial phase of Dr. Kaplan's review is the creation of a computer model which could determine where the most effective use of consolidation will occur . Oliver said this seems to be the most appropriate place for the governments to participate and the 23 R~gui ar-Me~.r~~__ _._-~.~.~n---~-~._-G`orunci-1 ~u~ne __22.1_ _i~-9~$-7 most beneficial use of city money. Mayor Stirling said he feels this group is setting out to prove a particular point of view, and should taxpayers money fund a particular point of view. Mayor Stirling pointed out Councils, by law, are not allowed to spend money to convince electors on a particular issue. Oliver said Dr. Kaplan has indicated that this phase may show that it is not worth time or money to continue with any consolidation studies. Oliver said the group has accepted that understanding. Councilwoman Fallin said Dr. Kaplan has been retained by a group that i s pro-consolidation, but he was retained with the under- standing that whatever he came back with was an objective report. Councilman Gassman said the whole intent of this is promote a particular point of view. This is clearly a lobbying group, and it is not appropriate for the city to fund groups lobbying the city. Councilman Isaac said the Council allocated money to do a management audit, and this is within the same framework. Dr. Kaplan will be making a recommendation to the city to be more efficient. Councilman Isaac said this is an inexpensive look at how to handle the city's government. Councilman Gassman said if the city decided to look at ways of saving money and hired a consultant, that is one thing. Council- man Gassman said this was not initiated by the city but by a private group. Councilman Gassman said it is very clear what this group wants to prove. Councilman Tuite said he does not favor studies; however, the city has been deadlocked about consolidation. Councilman Tuite pointed out the city would not get any type of study done for $3,000. Councilman Tuite said he would like to see what the initial phase will come up with. The Council is not buying into any more than the initial phase. Councilman Isaac moved to allocate 53,000 to Professor Kaplan out of the contingency fund; seconded by Councilwoman Fallin Mayor Stirling said he feels this violates objectivity and allows other private groups to ask for the Council for money. Council- man Tuite said the bottom line is saving money for the taxpayers. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Councilwoman Fallin moved to approve the consent agenda; seconded by Councilman Isaac. The consent agenda is minutes May 11, 26, 1987. All in favor, motion carried. Mayor Stirling moved to adjourn the meeting at 9:30 p. m. ; seconded by Councilman Isaac. All in favor, motion carried. 2 4 ~2~~ ~/ ~. p~