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HomeMy WebLinkAboutminutes.council.19811123Regular Meeting Aspen City Council November 23, 1981 Mayor Edel called the meeting to order at 5:05 p.m. with Councilmembers Knecht, Parry, and Michael present. CITIZEN PARTICIPATION t. Sara Kane, presented a petition to Council, "We, the undersigned, students, parents and residents, voters and future voters of the City of Aspen, Colorado, respectfully request the Aspen Highlands bus run by the Middle School and High School as it has for several years. Since September 1981, passengers have been taken along Maroon Creek road, instead of the high school road and let out only at Iselin park. School passengers have to walk back to the school, crossing Maroon Creek road at this busiest time of day, a very dangerous icy crossing in the winter. When we wish to catch the bus after school and after extra curricular activies and after dark at this time of year, we must again walk to Iselin park as the bus will not pick us up on its return to town. We are being discriminated against. Everyone else in town can catch the bus anywhere on its route. Please help correct a dangerous situation." Duane Fengel, transportation director, told Council the original route did not go through the high school. This was changed tO accommodate the CMC classes at nighttime. The insurance company had problems with running the bus through the school as the city buses Mark Danielsen told Council the application specially metnioned these 24 units and these units were realized to go back into the lodge quota. What has been done in 1978 has been changed. This is not an issue that has come up overnight. Schiffer said Council's concern is what will happen to these units. Schiffer told Council the applicant, Cantrup, would be willing to relinquish the 24 units plus the bonus to the other applicant. That way both projects could get built; this would obviate the necessity for hearing this challenge. Councilman Knecht said he felt Aspen desperately needs good lodging; there are two applications here that can give the city that. Councilman Knecht said he would like to add the 24 units while the chance is here; the 24 should not be eliminated out of the residential quota. Since these units are exempt as employee housing, the lodge quota should be redone. Employee housing shOuld be part of the overall quota system. Councilman Knecht moved to use the 54 units as the total and add the 24 units on top of it and eliminate them from the residential quota; seconded by Councilman Parry. Councilman Parry said he feels that good lodging is very, very important and both projects are badly needed in tOwn. Councilman Knecht clarified his motion that the 24 units NOT be taken out of the residenti~ quota and these are to be exempt. Mayor Edel asked if Council had the capability of going back to 1978 and saying these units should have been exempted. City Attorney Taddune told Council they could give the staff some guidance as to what Council's intent was; there was a different Council but this Council still is the Council. At the time of this allocation in 1978, there was no exemption for employee housing the way there is today. Richman told Council that Council set up some very specific expectations for growth by saying what the quotas would be in the future. By going over the growth fOr the last five years, many needs have been found for going around those expectations. Taddune said he did not have a problem with the 24 units going back into the quota. Councilwoman Michael said in 1978 the Council wanted those 24 units as part of the lodge quota. Councilwoman Michael said she did not understand that logic. The growth manage- ment plan called for planned growth in lodge units, residential units and commercial space. Councilwoman Michael said it is clear that an employee unit is not a short-term tourist unit. Councilwoman Michael said she did not buy the argument that the Council cannot make some decisions regarding this issue without waiting for a full-on plan. Council knows the quotas are going to change; 18 units quota per year in a resort town with a deteriorating lodge base, that number will not go down. Councilwoman Michael said she did not want to impact the residential quota at this late date. All in favor, motion carried. 1982 COMMERCIAL GMP QUOTA Councilwoman Michael excused herself due to conflict of interest. Alan Richman told Council staff wanted some direction so staff could draw up a resolution for a regular meeting. Councilman Knecht moved the quota go to 27,500 square feet and approve all the units that are in the competition; seconded by Councilman Parry. All in favor, motion carried. Richman asked Council if they wanted an action on the excess quota from previous years; the Council has a right to carry over or not carry over. Mayor Edel said he wanted it all wiped out. Council agreed. Mayor Edel said Council wanted one resolution for allocation 27,5000 square feet for 1982. As far as the resolution to wipe out the excess quota, this should come up before the full Council as another discussion. Councilman Parry moved to adjourn at 6:35 p.m; seconded by Councilman Knecht. All in favor, motion carried. ~h~ City Clerk Regular Meeting Aspen City Council November 23, 1981 Mayor Edel called the meeting to order at 5:05 p.m. with Councilmembers Knecht, Parry, and Michael present. CITIZEN PARTICIPATION t. Sara Kane, presented a petition to Council, "We, the undersigned, students, parents and residents, voters and future voters of the City of Aspen, Colorado, respectfully request the Aspen Highlands bus run by the Middle School and High School as it has for several years. Since September 1981, passengers have been taken along Maroon Creek road, instead of the high school road and let out only at Iselin park. School passengers have to walk back to the school, crossing Maroon Creek road at this busiest time of day, a very dangerous icy crossing in the winter. When we wish to catch the bus after school and after extra curricular activies and after dark at this time of year, we must again walk to Iselin park as the bus will not pick us up on its return to town. We are being discriminated against. Everyone else in town can catch the bus anywhere on its route. Please help correct a dangerous situation." Duane Fengel, transportation director, told Council the original route did not go through the high school. This was changed tO accommodate the CMC classes at nighttime. The insurance company had problems with running the bus through the school as the city buses gated these and has worked with the owner to try to correct the noise problem. Dunlop said he made an unannounced visit last week, and Little Nell's was in compliance. They have employed a sound expert. Dunlop said he feels comfortable that Little Nell's has taken steps to contain the noise within the building. Dunlop said noise readings he has taken recently indicate what they have done appears to be working. Charles Hopton reminded Council he has appeared before Council many times regarding Little! Nell's, and as the police file indicates, there have been many disturbances and numerous fights. There have been drug busts. Hopton read from the liq~or code stating that each licensee shall~ conduct his establishment in a respectable manner. Hopton also read that licensees shall not permit the removal of any alcoholic beverages from their establishment Hopton pointed out that this is being done. Hopton said he felt there are many obvious violations at this establishment. Hopton said he felt it was Council's duty to enforce the law and revoke this license and clean up the town. Phil Henke, owner of Little Nell's, agreed one of the biggest problems was the noise problem and they have devoted a lot of time to this problem. Henke told Council he has spent money on sound meter, installed an additional exhaust system, hired people to work the doors and make sure the doors are not left open. Henke said he has hired people to work the doors also to make sure people do not take drinks off the premise. As far as what happens when customers leave Little Nell, there is nothing Henke can do about that. Henke told Council his managers call the police when they think there will be a problem inside the establishment. Henke also told Council he has hired people inside the estab- lishment to make sure that no one is doing drugs in the establishment and he is doing his best to make sure people are not doing drugs. McClung pointed out that this is one establishment with a large parking lot right at the foot of it. People do have access to their cars for drinking or whatever. McClung said he is not accusing Little Nell's of what happens in the parking lot; however, they do provide entertainment to a certain crowd. Henke said he has done a lot trying to rectify the things that Little Nell's has a problem with. Councilman Collins asked if the calls to Little Nell's were increasing in frequency. McClung said yes. Mayor Edel said this is the first renewal that police reports were part of it. Council can approve the renewal with the proviso they city will be watching the performance of Little Nell's. If they do create a problem, Council can suspend or revoke the liquor license or have another hearing. ~ Councilman Knecht moved to approve the renewal of the liquor license for Little Nell; seconded by Councilman Parry. All in favor, motion carried. SNOWPLOWING CONTRACT AT CASTLE RIDGE Ron Mitchell told Council there were two proposals. The engineering Department reviewed them and the service level is equal. In looking at the price, staff recommends Aspen Snow Plowing Service. Councilwoman Michael moved to approve the contract with Aspen Snow Plowing Service; seconded by Councilman Parry. All in favor, motion carried. CONSENT AGENDA Councilman Knecht requested Ordinance ~69, Series of 1981, be taken off the consent agenda. Mayor Edel opened the public hearings on Ordinance #71, Series of 1981, Appropriation - Water and Electric and Ordinance #72, Series of 1981, Annexing Ute Children's Park. There were no comments. Mayor Edel closed the public hearing. Councilman Knecht moved to approve the consent agenda; seconded by Councilman Parry. There were (1) Transfer of LOcation - Aspen Bar & Brill; (2) Liquor License Renewals (3) Ordinance #71, Series of 1981; (4) Ordinance ~72, Series of 1981. Councilwoman Michael abstained. All in favor, motion carried. ORDINANCE #62, SERIES OF 1981 - General Occupation Tax Mayor Edel opened the public hearing. Gary Plumley, representing ~he Chamber of Commerce, read a statement from the executive Board, "The Chamber's executive Board suggests to the city Council that half of the occupation tax be put to a specific fund, approved by the CCLC and used only for business oriented improvements and beautifications." Larry Thoreson, finance department, told Council the staff looked at various sliding scales; gross receipts, which according to the CML would be an illegaI income tax; square footage of business space, the staff has no way of monitoring this and no way of knowing what the cost per square foot basis should be. Thoreson told Council the staff decided on number of employees. Rather than do a per employee basis, the staff is recommending classes., 1 to 10, 11 to 49, and over 50. Thoreson said the tax will be $100, $200, and $400 respectively. Mayor Edel closed the public hearing. Councilwoman Michael moved to approve Ordinance #62, Series of 1981, with a sliding fee scale for occupation tax in the City of Aspen, on second reading; seconded by Councilman Parry. In the ordinance, it is stated that to the extent practicable, half of the monies collecte should be spent on downtown improvements and lodging districts. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Collins, aye; Michael, aye; Mayor Edel, aye. Motion carried. Regular ORDINANCE #75, SERIES OF 1981 - Liquor Occupation Tax City Attorney Taddune reminded Council at the last meeting, classes A, B, C had been reduced and this ordinance reflects that. MayOr Edel opened the public hearing. .. Gary Plumley, Of Grape & Grain, said he felt that retail outlets cause no more policing problems than any other businesses. Plumley said nightclub type operations do cause policing and neighborhood problems. There are some restaurants that cause little or no problems and are a benefit to the community. It is not fair to tax them the same. City Manager Chapman told Council one of the elements of the financial plan is to review all the fees at least every other years and adjust them appropriately. This occupation tax has not been reduced since 1974; all other fees have been increased during that time. Councilwoman Michael moved to adopt Ordinance #~5, Series of 1981, on second reading with the following changes; Class A $750; Class B $500; Class C $500; seconded by Councilman Collins. Ray Lucchini suggested letting the rest of the community catch up with the liquor industry. Lucchini agreed businesses should pay; however, this should be on a more equitable basis. Mayor Edel closed the public hearing. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Parry, nay; Michael, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~78, SERIES OF 1981 Plum Tree Lease Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilwoman Michael moved to adopt Ordinance ~78, Series of 1981; seconded by Councilman Knecht. Roll call vote; Councilmembers Michael, aye; Knecht, aye; Parry, aye; Collins, aye; Mayor Edel, aye. Motion carried. RESOLUTION #57, SERIES OF 1981 - 1982 Commercial and Office GMP Allocation Councilwoman Michael stepped down due to a conflict of interest. Councilman Knect moved to approve Resolution #57, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION #58, SERIES OF 1981 Alan Richman, planning office, reminded Council they discussed this last week and the idea is to eliminate the excess quota remaining frOm previous years. Richman told Council that they may or may not carry over quotas. There has been unexpected growth in the office and N/C zones, which has fueled employee housing demand. The planning office is concerned about the excess quotas sitting out there. The planning office is going to study the quotas in all zones to see if these need to be adjusted. Councilman Knecht moved to adopt Resolution %58, Series of 1981; seconded by Councilman Collins. Councilman Parry said he is opposed to this because if a good project came in, this square footage might be needed. Richman said the Council always has the choice to borrow from future years. Sunny Vann, planning director, said they would like to start clean next year and not carry around left overs from the last five years of quotas. There is a bonus provision still in the allocations. This resolution is in response to several Council members requesting that the excess quota be wiped out. All in favor, with the exception of Councilman Parry. Motion carried BED AND BREAKFAST LODGE DISCUSSION Alan Richman told Council that a Victorian house at the corner of Aspen and Cooper had received a demolition permit prior to the "Save the Victorians moratorium. The owner is trying, now, to either move the house or let it stay if an economic way can be found. There has been a suggestion to have this structure be a bed and breakfast lodge. There could be a minimum extension and also keep the integrity of the structure as it is. This is a very unique house; preserving it on site is a much more desirable alternative than moving the house. This house is on the line dividing the commercial core and there are many houses around here being occupied as lodges. In the early '70s the master plan was adopted, indicating that tourist lodging should be at the base of Aspen mountain and this neighborhood intended for residential uses. Richman read the planning office recommendation. "We cannot as responsible planners recommend Council simply ignore adopted land use policy of the City of Aspen, which may still represent the appropriate direCtion for the future. Neither can we in good conscienc recommend that you take steps that will prevent this neighborhood from retaining one of its last true links with its past by rejecting a proposal which we feel has a certain degree of merit. Therefore, should Council also see merit in this proposal and wish to support it, we would ask you to do so by specifically recognizing that due to a clear community benefit involved, this is one time when a policy must bend. We are unprepared at this time to challenge the basic validity of the policy and we recommend you not do so ~t this time. Instead if you choose to sponsor a zoning code amendment to implement this proposal, we believe it should not go forward as a reverse! of pol'icy but aS .~n exception for a necessary community purpose." Richman said the planning office is suggested the alternative of an L-3 zone district which would be for low intensity lodge uses and only for structures which are individually historically designated. Mayor Edel agreed this is a way of solving a unique problem. __v~ ............ ~ ~ ~uy ~uunc~l November 23, 1981 Councilwoman Michael agreed but asked that the planning office explore a broader thing than just solving the Koval house; that the planning office come back with a recommendatiol on whether bed and breakfast use ought to go through the growth management plan. Sunny Vann, planning director, told Council the planning office is addressing the broader issue including non-conforming lodges, reviewing the growth management plan, what to do with lodging in general and this neighborhood specifically. Councilman Collins asked that the planning office go ahead with the recommendation and come back to Council with specifics. Mayor Edel said he is all for the proposition; Councilmembers Parry, Michael and Knecht all agreed. Planning office told Council they will come back with a specific plan. ORDINANCE ~79, SERIES OF 1981 - Housing Price Guidelines Sunny Vann, planning director, told Council this ordinance is moving in the direction of providing affordable housing. Vann said there is a problem with projects previously approved and switching over to these guidelines. There are changes which may satisfy this concern. For projects approved after this date, Vann said they would like this concept to apply. This ordinance addresses who may qualify for the units. Gideon Kaufman said he has clients who have done projects based upon the anticipated increases in the guidelines that have traditionally been given. Kaufman pointed out that increases are based on increase in operating costs. This really only applies to larger project; duplexes or triplexes really don't have those kind of increases. People who had received prior allocations planned their projects on expected increases. Vann agreed with this. Vann said this ordinance is a major transition in concept. In the past, the rental rates have gone up approximately 8 per cent per year. Council could adopt that approach for previously approved projects. Council could adopt the approach that rental rates for previously approved projects could go up commensurate with increases in salaries Vann said the planning office with come up with several alternatives to address this and let Council decide between them. Mayor Edel opened the public hearing and continued it to December. Councilwoman Michael moved to table Ordinance ~79, Series of 1981; seconded by Councilman Parry. All in favor motion carried. ORDINANCE 980, SERIES OF 1981 Alan Richman, planning office, reminded Council they had adopted a three month moratorium on construction in'the R/MF zone district which expires November 30th. There is a special meeting with P & Z tomorrow to discuss the entire residential area and bulk requirements, not just R/MF. The planning office intends to have P & Z pass a resolution, which once it is passed~has the effect of suspending all building permits for a period of one year. During this time, the Council will then address the Code amendment. There is a public hearing scheduled for December 8 to address this. Richman said the staff feels there may be some exposure if this moratorium in not in effect. This ordinance extends the moratorium for one month. It is an emergency ordinance to go into effect immediately. Councilwoman Michael moved to read Ordinance ~80, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~80 (Series of 1981) AN ORDINANCE EXTENDING THE TEMPORARY MORATROIUM ON THE CONSTRUCTION AND/OR EXPANSION OF ALL BUILDINGS WITHIN THE R/MF ZONE DISTRICT WITHIN THE CITY OF ASPEN, COLORADO, AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk Councilwoman Michael moved to adopt Ordinance ~80, Series of 1981, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Parry, aye; Michael, aye; Mayor Edel, aye. Motion carried. WEST SIDE IMPROVEMENT ASSOCIATION - Residential Bonus Overlay District Alan Richman told Council the area and bulk requirements under consideration are not only for the R/MF district but for all residential zones. Richman encouraged the people concerned to come to the P & Z meeting and the public hearing on this. The only downside is that someone wishing to build in a district other than R/MF. Taddune told Council as soon as P & Z passes a resolution addressing the area and bulk requirements in all the residential zones, it acts like a moratorium. PITKIN COUNTY BANK EXEMPTION Alice Davis, planning office, told Council this is a request for verification for an exception from the GMP process for the Pitkin County Bank. The bank is in the commercial core and is located on about 15,000 square feet. The applicant is proposing to demolish a portion of the Pitkin Center and not immediately reconstruct. The plan is to demolish 5700 square feet and delay the reconstruction three to five years. The site of the demolition will be a parking lot and drive-up window in the interim, which is permitted in the zone district. There are plans to demolish another 2476 square feet in the future;i! the reconstruction for that will also be delayed. Ms. Davis pointed out the city attorneyii feels guidelines should be established for demolition like this. These guidelines should provide an inventory of what space will be reconstructed in the future. Ms. Davis pointed out typically demolition and reconstruction is handled on a staff level review. However, this applicant is going to demolish 5700 and 2476 square feet and dely reconstruc~ion for three to five years and wanted to go on record for this. The applicant? plans to ear down two residential units consisting of 887 square feet and 4813 square feetil of commercial space, totaling 5700 square feet. The applicant also plans to tear down 2476 square feet of commercial space for a total of 8176 square feet. The two residential units do fall under employee housing guidelines. This residential square footage cannot be used to expand commercial space. Regular Meeting ~ ~uM ~u~ Ms. Davis outlined the guidelines for demolition and reconstruction that the staff has come u~ with. (1) A demolition that occurred before the GMP should not be allowed to reconstruct that building (2) A time limit should be established to limit the length of time reconstruction can be delayed. (3) Development plans must be presented to the planning office to determine if the structure is consistent with the underlying zoning and area and bulk requirements. Councilwoman Michael moved to grant an exception from the GMP process for the portion of commercial space in the Pitkin Center whil will be demolished but will not immediately be rebuilt (Lots O, P, Q, R, S, Block 94, Original Aspen Townsite). The delay in recon- struction will not affect the owner's right to build the space if the following conditions are met: (1) at the time the new structure is being developed plans must be presented to the planning office to determine if the structure is consistent with the underlyir~ zoning and ~rea and bulk requirement of the zone district or if further review by the planning and zoning commission or City Council is necessary (2) there is no expansion of the commercial floor area that existed prior to demolition (7289 square feet) and no more than the two original residential units can be rebuilt (3) the owner provides a utility/trash areas with all existing and proposed utility meters, pedestals, vaults and transformers in this area at the time of reconstruction; seconded by Councilman Knecht. All in favor, motion carried. SLEIGH RIDES ON GOLF COURSE City Manager Chapman reminded Council this is similar to the request Council approved earlier with the Heatherbed Stable. Chapman told Council that parks director Jim Holland has no problems with the two purveyors provided they have the same lease arrangement. Councilman Collins moved to authorize the city manager to enter into the appropriate license agreement; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~69, SERIES OF 1981 - GMP Exemption 85:15 5~ayor Edel opened the public hearing. City Manager Chapman told Council this ordinance was developed for the preservation of ~mployee housing that is presently not deed restrict This ordinance allows the city to proceed with the Smuggler Trailer park employee housing. Mayor Edel closed thepublic hearing. Councilwoman Michael moved to adopt Ordinance ~69, Series of 1981, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Michael, aye; Collins, nay; Knecht, nay; Parry, aye; Mayor Edel, aye. Motion carried. POPPIE'S BISTRO CAFE ENCROACHMENT LICENSE City Attorney Taddune said the applicant applied to the Board of Adjustment for expansion of a non-conforming use and to build in the setback. The Board granted the variance for the non-conforming use but not to build in the setback. The Board thought the applicant could request the city to vacate the alley shared bY Poppie's and the forest service. Council made the determination not to vacate. Taddune told Council the Board of Adjustmen wanted an indicate from Council that there was no concern on the city's part in terms of exceeding the setback and affecting the alley. The applicant has submitted an encroachmen~ license to serve as an indication that Council has no problem with the expansion into the alley. Council wanted to accommodate the request to vacate the alley but required fair market payment for this. It would be impossible to work this out with the forest service. Councilwoman Michael moved to approve Poppie's encroachment license subject to the city attorney's approval as to form; seconded by Councilman Parry. All in favor, with the exception of Councilman Collins. Motion carried. Councilwoman Michael moved to adjourn at 9:10 p.m.; seconded by Councilman Parry. All in favor, motion carried. Special Meeting Aspen City Council November 24, 1981 Mayor Edel called the special meeting to order at 12:10 p.m. with Councilmembers Michael, Knecht, Collins and Parry present. Mayor Edel said this is the second reading of Ordinance #80, Series of 1981, which is an emergency ordinance to extend the moratorium in the R/MF for one month while P & Z can consider the area and bulk requirements in all residential zones. Councilman Knecht moved to adopt Ordinance #80,.Series of 1981, on second reading; seconde by Councilman Parry. Roll call vote; Councilmembers Michael, aye; Collins, aye; Parry, aye; Knecht, aye; Mayor Edel, aye. Motion carried. Councilman Knecht moved to adjourn at 12:12 p.m.; seconded by Councilman Collins. Ail in favor, motion carried. Kat ryn~. oc , y