HomeMy WebLinkAboutminutes.council.19860421~'~~~= Continued Meeting Aspen City Council April 21, 1986
LITTLE NELL SPA AGREEMENT 1
RESOLUTION #2, SERIES OF 1986 - Ballot Issues 2
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Continued Meeting ~ Aspen ~itv Council - ___A~il 21. 198
Mayor Stirling called the continued meeting to order at 5:15 p.m.
with Councilmembers Walls, Isaac and Fallin present.
Mayor Stirling read a proclamation supporting World Population
awareness week April 21 - 27, 1986.
LITTLE NELL SPA AGREEMENT
City Attorney Taddune read paragraph 6 on page 24 regarding
special improvement district, including new language that the
owner reserves the right to contest the scope of the district and
the reasonableness of assessments imposed against the property.
Taddune pointed out the applicant is proposing substantial public
improvements that will benefit the city. Taddune said if new
special improvement districts are layered on top of the proposed
improvements, the applicant would like the ability to contest the
scope of the district and the assessments. Councilwoman Walls
asked about the lodge improvement district. Peter Forsch, Skiing
Company, said this agreement said the applicant has to join the
lodge improvement district but also has a say so in the scope of
the district.
Councilwoman Walls asked if every property owner in the lodge
improvement district has the right to contest the district.
Taddune said all property owners have the right to remonstrate.
Taddune told Council the formation of the lodge improvement
district is integral to this project. The Aspen Mountain Lodge
project was going to be 40 percent of the district. Taddune said
because the applicant is promising public improvements, the city
is willing to distinguish them and allow them the ability to
contest the scope and assessments of the district.
City Manager Schilling told Council Chandler, Arizona, worked two
and a half years on an assessment district. Chandler used
language, some property owners took the city to court and the
district was thrown out because the court said the city had no
right to remove by mandatory agreement the fundamental rights of
property owners to remonstrate against the formation of a
district. Schilling said the language t hat Taddune is proposing
is critical to not take away a basic right of a property owner.
Councilman Isaac asked w hat kind of public improvements the
applicant is making. Forsch answered, street improvements,
relocating the pumphouse, water and sewer improvements . Mayor
Stirling asked if the rights of the general public are
compromised by this language. Taddune said he did not feel they
are.
Forsch said the applicants feel this language is more realistic
in a cooperative intent as opposed to the previous language.
Gideon Kaufman, representing the applicant, said this paragraph
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Continued Meeting Aspen City Council- ~ April 21. 1986
means that the applicant is waiving their right to contest the
formation of the district, but not the scope and the assessments.
Raufman said f or the record the applicant is committing to this
paragraph and as long as there is reasonableness on the city's
part, they will not contest it. Mayor Stirling asked the
applicant if they consent to the spirit of the language. Forsch
said they do. All of Council favored paragraph 6 language.
Taddune pointed out paragraph D "Easements" which is a new
paragraph that will be required in all developments. This
paragraph commits the developer to provide documents that can be
recorded granting easements to the city for utilities and trails.
Taddune told Council in the past, these hav a been indicated on
the plat. This will duplicate the easements. The bicycle trail
will be a f loating easement, and the developer can decide the
course of the easements as long as it is the same width of the
public trails and as long as it connects the trails system.
Raufman said the developer agrees to this paragraph. Council all
in favor of this language.
Taddune told Council the zoning ordinance and the vendor's
agreement will be before Council at the April 28th meeting.
Forsch asked if the Mayor can sign the SPA agreement. Taddune
said this should be done after the adoption of the zoning
ordinance. Raufman said he would feel more comfortable if the
Mayor could sign the SPA agreement, and treat the zoning
ordinance separately. Forsch said the motion at the last meeting
was when the language in paragraph 6 was agreed upon, the Mayor
would have the authority to sign the SPA agreement. Taddune said
the employee housing and vendors documents have yet to be
finalized.
RESOLUTION ~2. SERIES OF 1986 - Ballot Issues
City Attorney Taddune said this resolution contains 3 questions
for the June special election. Question No. 1 is the acquisition
of Volk property with the issuance of revenue bonds. The
question has been drafted by bond counsel. The amount of the
bonds is not to exceed $1,200,000, and the cost of property is
$800,000 and not in excess of $1,000,000. Taddune said the
question contains "or other acquisition" because it is not known
if the city will be able to purchase the property.
Mayor Stirling told Council he contacted the Volks, who contacted
their contractor to see if there could be a delay. The
contractor said there is not enough time to get the building
closed in if they delay it. Mayor Stirling said there will be
demolition and excavation before June 3rd. Mayor Stirling said
any expenses incurred by the Volks between now and the election
will have to be taken into consideration. Mitchell pointed out
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Continued_Meetin4 Asuen City Council April 21~ 198
one of Volks' requirement is that interest be 90 percent of
prime, which is an excessive request. Mitchell told Council
staff will have the interest amount for the next Council meeting.
Taddune told Council question No.2 is the approval of a 5 year
serial tax levy for street improvements. Mitchell said the
engineering report states the city will bring all the street in
the city up to a rating of 85, which means the streets will be
good for 10 to 15 years. Schilling told Council for a 5250,000
market value house, the increased cost would be 545 a year; the
cost for a $500,000 would be about 575 a year. Councilman Isaac
said he is concerned about the phrase street maintenance, people
might construe that to mean plowing and street washing.
Schilling suggested adding that these funds will not be used for
personnel or snow removal.
Taddune told Council Question No. 3 is the 20 year, non-exclusive
revocable franchise to Rocky Mountain Natural Gas. Council will
be considering an ordinance on this franchise at their next
meeting. This is renewing their current franchise, w hich will
expire in June. Rocky Mountain Natural Gas will pay 3 percent to
the city.
Councilwoman Fallin moved to adjourn at 6:10 p.m.; seconded by
Councilman Isaac. All in favor, motion carried.
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Kathryn S. och, City Clerk
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