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HomeMy WebLinkAboutminutes.council.19810417Mayor Edel called the special meeting to order with Councilmembers Behrendt, Parry, Michael Van Ness, Collins present. ORDINANCE #19, SERIES OF 1981 Sunny Vann, planning director, explained to Council this ordinance has been rewritten to allow dOrmitories in an R~6 zone with a RB overlay only for ski area dormitories. Michael Peters asked about the factor of twelve (which is the total number of dormitory pillows proposed shall be divided by a factor of twelve to establish an equivalent number of dwelling units. Councilman Van Ness said he felt six would do it. Councilman Behrendt said he felt twelve was awfully heavy. Mayor Edel agreed the factor should be Six. Councilman Behrendt moved to read Ordinance ~19, Series of 1981; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE #19 (Series of 1981) AN ORDINANCE REPLEAING AND REENACTING SECTION 24-10.4 OF THE ASPEN MUNICIPAL CODE SO AS TO ALLOW SKI AREA DORMITORIES AS A PERMITTED USE IN THE RESIDENTIAL BONUS OVERLAY DISTRICT WHEN THE DISTRICT IS SUPERIMPOSED OVER A SITE WITHIN THE R-6 ZONE DISTRICT, PROVIDING THE SKI AREA DORMITORY IS DEED RESTRICTED IN COMPLIANCE WITH THE RENTAL PRICE GUIDELINES AND LOCATED ON THE PREMISES OF THE SKI AR EA TO BE SERVED; AND AMENDING SECTION 24-10.5(6)(1) TO PROVIDE FOR THE DETERMINATION OF PERMITTED DENSITY FOR A DORMITORY USE was read by the city clerk Councilman Van Ness moved to adopt Ordinance #19, Series of 1981 with two amendments; Section 2 be amended the fac~OrcOf 12 be changed to the factor of six (6); and that l(a) 5 be changed to read "ski area dormitory which is located on or contiguous to the base area premises of the ski area to be served and under the same ownership"; seconded by Councilman Parry. Ro~ll call vote; Councilmembers Van Ness, aye; Collins, nay; Michael, aye; Behrendt, aye; Parry, aye; Mayor Edel, aye. Motion carried. Councilman Behrendt moved to put Brother Benedict on the agenda; seconded by CoUncilwoman Michael. All in favor, motion carried. Brother Benedict told Council he had made a statute for Henry Stein, three feet high of a cowboy. Brother Benedict said he would like to donate this to the mall, if acceptable, as a memorial to Henry Stein. Councilman Behrendt suggested accepting this for the city but having a committee come up with a recommendation for a site. Councilman Van Ness suggested leaving this in the city manager's hands and that he was in favor of accepting the statue. Councilwoman Michael moved to accept Brother Benedict's offer of the sculpture in honor of Henry Stein and direct.the city manager to ask whomever about siting and come back to Council with the final suggestion; seconded by Councilman Parry. All in favor, motion carried. MORATORIUM ON VICTORIANS Sunny Vann told Council this is a six month moratorium on demolition of moving structures which were identified in the historic inventory to allow the planning staff time to get these structures historically designated. This provides that applicants cannot get a demolition permit until HPC has reviewed the application. There would be recourse to Council. Vann said the planning office has completed an inventory of the community; not everything is worth designating. All this does is give the HPc the opportunity to preclude a structure which warrants individual designation and which Council has the authority to designate, from being torn down. Councilman Behrendt moved to read Ordinance 920, S~ries of 1981; seconded by Councilman Parry. All in favor, with the exception of Councilman Van Ness. Motion carried. ORDINANCE #20 (Series of 1981) AN ORDINANCE IMPOSING A SIX (6) MONTH MORATORIUM ON THE ISSUANCE OF PERMITS TO DEMOLISH OR REMOVE EXISTING STRUCTURES THAT HAVE BEEN DESIGNATED AS HAVING EITHER HISTORICAL OR ARCHITECTURAL SIGNIFICANCE IN THE INVENTORY OF HISOTIRC STRUCTURE DATED DECEMBER 19, 1980, PREPARED FOR THE CITY OF ASPEN BY JOHN STANFORD AND VE~A KIRKPATRICK was read by the city clerk Councilman Behrendt moved to adopt Ordinance 920, Series of 1981; seconded by Councilman Collins. Councilman Van Ness objected to the six months and asked if this could not be done in a shorter time. Councilman Van Ness pointed out these moratoriums tend to drag on. Mayor Edel said the planning Office had just presented their work program and there are many priorities. Vann explained the time frame in getting the individual historic designations. Roll call; Councilmembers Parry~ aye; Behrendt, aye; Uan Ness, nay: Michael, aye; Collins, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~18, SERIES OF 1981 - Parking Spaces in Dormitory zones Sunny Vann told Council this is to take into account parking for dormitories in the residential bonus overlay zone. This is an amendment to the parking requirements in the Code. The amendment reads "l/bedroom except for dormitory use upon application for a residential bonus overlay where in the parking requirements shall be 2 spaces per 3 pillows. Councilman Parry moved to read Ordinance ~18, Series of 1981; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~18 (Series of 1981) AN ORDINANCE REPEALING AND REENACINT SECTION 24-4.5(c) OF THE ASPEN MUNICIPAL CODE REQUIRING TWO PARKING SPACES PER THREE PILLOWS FOR DORMITORY USE IN THE R (RESIDENTIAL) ZONE UPON APPLICATION OF A RESIDENTIAL BONUS OVERLAY was read by the city clerk Councilman Parry moved to adopt Ordinance #18, Series of 1981, on first reading; seconded by Councilman Behrendt. Roll call; Councilmembers Collins, nay; Behrendt, aye; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. LEASE AGREEMENT WITH 19th GREEN (PLUM TREE INN) City Manager Chapman explained the specific provisions of the termination agreement. Chapman does have some terms for the termination agreement, which the lessee's are willing to agree to. However, Chapman's preference is to strike the termination agreement all together from the lease. Chapman told Council by the time th~s goes to the voters, the staff accepts and reviews offers and prepares necessary legislation, it will be into August. There is also the subdivision process to go through. Chapman told Council if the city gets a purchaser who wants an unencumbered facility, they could negotiate with the lessee's on the termination terms. The city has to consider whether they want the facilit' closed down for the entire summer with the golf course open. Mayor Edel agreed this is the best way of handling this specific. Chapman told Council the lessee's will pay $5,000 per month beginning June 1st. If they do not have their liquor license as of June 1st, their rebate against the monthly rent would be at the rate of $126.25 per day. This is approximately 75 per cent of the daily rental, figuring there's about a 75 per cent mark up on liquor. The lessee's will pay $10,635 up front; the total rent will come to $21,270 if they receive their liquor license as of June 1. They will lease the tennis courts, the bar and the restaurant. Councilman Behrendt quested the receipts from the tennis courts. Chapman told Council that it costs the city about $6,000 a year to run and supervise the tennis courts. The city decided not to put a person out there because it is a losing operating. Councilman Behrendt asked at what rates the tennis courts will be rented and would they be the same as the other city courts. Fritz Bruggemeier told Council they will be the same; $5 an<i hour with a punch ticket of 25 times for $100. Mayor Edel asked if there is a bonding agreement for the balance of the rent, and is October 1st the cut off date. Chapman explained that for a liquor license, the applicant has to have a twelve month lease. The city has a 30 day notice provision and will be noticing the lessee's the first of September. Councilman Behrendt asked if there was a damage deposit. Chapman told Council the lessees submitted proof of bondability. Councilman Behrendt asked what the assurances were the premises would be left in a clean and orderly manner. City Manager Chapman said since this is a six month lease, the city cannot expect the lessees to fix the premises up in a major manner. Councilman Behrendt said he would want them to leave the premises in a better shape than they started out with, not major renovations. Mayor Edel agreed the lessee's should operate this in a lovely manner and they should leave it in that same love~y manner. Mayor Edel asked the lessees if they would add "and leaving it in that condition"~ Bruggemeir said that was all right. Mayor Ed~l pointed out there is an additional section of the buitding that has rooms and stated he did not want anyone to have access to those rooms. Mayor Edel said those rooms are off limits and should be blocked off. Chapman agreed; the rooms are not part of what this lease covers. Chapman told Council that one of the lessees, Nelson Owen, as his responsibility as a city employees lives there to maintain it and to provide security. Owen told Council he has this area padlocked off. Chapman told Council his had made this very clear to the lessees. Mayor Edel also said he did not want to hear anything about these two city employees who have the lease working out there on city time or goofing off. Owen told Council his job is a 24-hour a day job.