HomeMy WebLinkAboutminutes.council.19850513Regular Meeting Aspen City Council May 13, 1985
Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Collins,
Knecht, Walls and Blomquist present.
MINUTES
Councilman Blomquist moved to approve the minutes of April 8, 1985; seconded by Councilman
Knecht. All in favor, motion carried.
CITIZEN PARTICIPATION
1. Georgie Leighton said she accepted in good faith the Council's argument that it was
not possible to interfere with a business, i.e. the sale of furs. However, Council is
discussing imposing a ban affecting a major business sector catering to tourists. Ms.
Leighton said there are only 3½ shops selling furs versus 56 restaurants serving visitors.
Banning smoking in restaurants will restrict personal freedom of choice, wltl inconvenience
visitors, will discourage tourists to have an expenszve meal if deprived of the pleasure
of a smoke, will affect the 56 restaurants in Aspen, employing about 400 people,
contributing 30 percent of sales tax dollars to the city, and will drive the smokers
somewhere else where there is no ban. Ms. Leighton said if there is any doubt that many
tourists smoke, look at any ski area base lodge with cigarette butts exposed by the
melting snow. Ms. Leighton said if the Council decide to ban smoking, thus interfering
with a legitmate acitivty, she would insiste in the name of equal ~reatment that Council
reconsider a ban on the sale of all furs in the City of Aspen, an item tourists never
missed through the winter of 1977/78, when there were no fur outlets zn Aspen, for 27
ski seasons. Mayor Stirling has no~ sponsored the proposed smoking ban.
2. Reverend Babb asked why City Market is not allowed to sell plants and planting materials
outside their store. City Attorney Taddune said this is a zoning problem, by vending
in the parking lot City Market ~s exceeding their FAR for commerical space. Mayor
Stirling said he has received calls about this issue and people are complaining they have
to go down valley to get their planting materials. Jay Hammond, city engineer, said City
Market has come forward with an application to vend planting materials outside their
structure. This will go to P & Z next month.
COUNCILMEMBER COMMENTS
1. Councilman Collins said he read in the city manager's report about the number of
parking tickets issued in April 1985 versus April 1984 and wondered why there was such
a dramatic jump and would like a report back from staff.
2. Councilman Collins requested an update on the sign code. Assistant City Manager
Mitchell he discussed this with Gaard Moses who will have something back to the city next
week.
3. Councilman Knecht said he would like "clean up week" added to the agenda. Council
scheduled this as the first item.
4. Mayor Stirling asked if there might be a more flexible approach in the off season to
parking tickets, like extending the length of time in the parking zones. Councilwoman
Walls said changing the times would be inconsistent, it would be more consistent to do
away with ticketing in May and October. Council requested a-repor~ on the next agenda.
5. Mayor Stirling said there will be a work session May 20th at 5 p.m. on the international
partnership.
6. Assistant City Manager Mitchell requested Ordinance #3, and #22 be continued to May
20 as there are a few unresolved items.
7. Mayor Stirling asked about the work on the Rio Grande. City Manager Schilling said
the city is not making progress with the press of other things.
8. Mayor Stirling said there will be a work session June 3 with the Commissioners on
annexation.
CLEAN UP WEEK
Councilman Knecht said he has been working with Captain Clean (George Robinson) on this
program and have a suggested schedule. Councilman Knecht said he would like this to
become an annual event sponsored by the city. May 31st volunteers from the staff and
Council would clean up highway 82 east and west and then have a picnic at the parks
department. June first there would be a giant yard sale at Paepcke park. Captain Clean
would organized the kids, divide them into groups and have them go through town picking
up trash. After that there would be a lunch and a clean up parade with Smokey The Bear,
Woodsey and Ronald McDonald. The Forest Service will be giving the city trash bags. The
city already has Captain Clean t-shirts. Councilman Knecht said the total cost for ads,
banner, prizes would be $1250.
Councilman Knecht moved to appropriate $1250 for Aspen clean up program and Council gives
permission to use Paepcke park for yard sale; seconded by Councilwoman Walls. City
Manager Schilling said this yard sales would be non-commercial sales versus merchants
selling their merchandise. Council agreed. All in favor, motion carried.
ORDINANCE #24, SERIES OF 1985 Rescinding 7th penny sales tax
City Attorney Taddune said there have been some changes since first reading. One is that
the purpose for the rescission was to form and constitute RFTA. The agreement is changed
that if the county wants to disband RFTA, they have to go through a two step process, to
repeal the additional penny sales tax and to obtain voter approval. There ms a provision
for mall maintenance of 12.1 per cent of the additional seventh penny. There is a
paragraph pertaining to the method of distribution of the 1 percent county sales tax as
agreed upon through the city and county by their managers. The agreement states that
RFTA, rather than the county, will assume all outstanding obligations of the city.
The city will receive 5.4 percen5 of this seventh penny to cover the food tax rebates.
Mayor Stirling asked what would happen if the city annexed a lot of land. Finance
Director Sonfield said in the annexation meethings, that has been addressed as a separate
issue from this issue. The ordinance provides that the principle and interest on the
city's refunding bonds will be paid from the additional one percent county sales tax.
The obligatIons that RFTA will be assuming are the lease to Elder, Quinn and McGill, which
has been paid off. Second, there is an agreement for the Neoplan buses, and the lease
for the bus barn. There is a provision that the Commissioners ratify this ordinance by
resolution after public hearing, and to sign the agreement. Taddune said he does not wan~
any misunderstanding about the ability of the city ~o reinstitute its 7th penny sales tax.
Section 2 makes the effective date of the rescission of the sales tax July 1, 1985.
Taddune said the county has reviewed this and adopted a resolution.
Mayor Stirling opened the public hearing.
Tom Smith, counny attorney, told Council the town of Snowmass Village has approved an
ordinance to accomplish the resclssion of their 7th penny. Smith said the department of
revenue needs 45 days notice to start collecting this tax. Smith said the counny has
worked hard to provide the city with the terms necessary to cover all the issues. Smith
said the county has made a commitment to RFTA. Smith said the county has committed to
a financing mechanism for mall maintenance outside the 7th penny in case there was not
enough money. Smith said there is not information available a~ this time to make a change
in the percent of money for the food tax rebates. Mayor stirling if annexation proceeds
and the money isn't available in the 7th penny, what source would be used. Ms. Klanderud
said when the voters approved this, they voted on certain percentages for mall maintenance
and food tax refunds. Ms. Klandrud said distribution of these monies for other than
transportation should be decided by the voters.
Mayor Stirling closed the public hearing.
: ~egu±ar ~ee~lng Aspen ~lty ~ouncli May 13, £98b
Councilman Collins said if the city is considering annexing areas large in terms of
residents and small in terms of revenue, it is incumbent upon the city and county to set
the stage now to see that those people will have an opporunity to avail themselves of
the food tax rebate. Councilman Collins said the mall is like any other physical plant
and is beginning to deteriorate. In the future, the mall will need substantial repairs
to keep it up to par. Taddune explained that if the county cannot meet the obligations
for mall maintenance from the 7th penny, these monies will be paid from RFTA funds.
Taddune said this could also apply to the food tax rebates. Assistant City Manager
Mitchell said there are many economic decisions in the issue of annexation, food tax
rebates being just one of them. Ms. Sonfield told Council the 7th penny is only 2/3
source of food tax refunds; the 6th penny pays the other 1/3. Councilman Collins said
he would like to see more surely that food tax rebates will be available if the city
does annex. Mitchell said the staff knew that the mall maintenance would require more
than 10.4 percent and it was changed. The food tax refund issue is unknown at this point,
and there are a number of different mechanisms to take care of that.
Councilman Knecht moved to adopt Ordinance ~24, Series of 1985, on second reading; seconded
by Councilwoman Walls.
Councilman Blomquist said it was indicated to him that this would allow a surplus over
and above RFTA's needs from $300,000 to $500,000. Councilman Blomquist said the original
purpose of the 7th penny was for transportation, not just buses, but streets, sidewalks,
etc. Councilman Blomquist said this surplus would build rapidly, while diminishing the
city's ability to finance other things. Mayor Stirling said any transportation items the
city wants to fund, they could request through RFTA during the budget process. Mitchell
said the RFTA money is not a surplus but money RFTA is looking at for capital improvements.
The Council and Commissioners have the final say on the RFTA budget for operating and
capital needs. Councilman Collins went through the revenues and expenditures of RFTA
and a total fund balance of $1,250,000. The county finance director is recommending a
reserve fund of $500,000. Councilman Collins pointed out the revenues are running about
35 percent over last year, and perhaps the city and county do not need this additional
penny sales tax extended throughout the county. Councilman Collins said he feels that the
revenues proposed for RFTA are adequate without this additional penny extended.
Councilman Collins said Ordinance #31 is only first reading and does not become effective
until consented by all the bond holders. Councilman Collins said it is premature to pass
Ordinance #24 and would like it tabled.
City Manager Schilling said the Council and Commissioners have absolute control over RFTA
spending. Schilling said the additional funds that may be generated by the tax county-
wide not needed for operations and maintenance, may be designated through the RFTA board
for aUt-disincentive programs, improving Rubey park, parking and street work. The staffs
have tried to negotiate to protect the interests of both the city and county. A problem
with delaying this is what it does to the county in terms of their present financial
condition. If the county is relieved of their contribution to ~FTA, they can begin to
address some of their financial problems. Schilling suggested the staff be directed to
discuss with the county how some of these issues might be resolved.
Chuck Carleton, county financial advisory board, told Council the county made a special
allocation to RFTA in 1985 because of the lack of a 7th penny. Councilwoman Walls pointed
out this issue was approved by the electorate more than two years ago, and it would be
irresponsible not to carry forward the wishes of the electorate.
Councilman Knecht amended his motion to direct the city manager to open negotiations with
the county about the food tax percentage; seconded by Councilwoman Walls. Roll call vote;
Councilmembers Walls, aye; Knecht, aye; Collins, nay; Blomquist, aye; Mayor Stirling, aye.
Motion carried.
ORDINANCE 931, Series of 1985 Amending Bond Ordinance #72, Series of 1982
Councilman Knecht moved to read Ordinance ~31, Series of 1985; seconded by Councilwoman
Walls. All in favor, motion carried.
ORDINANCE ~31
(Series of 1985)
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 72 (SERIES OF 1982)
TO PERMIT THE SUBSTITUTION OF REVENUES TO BE DERIVED BY THE CITY FROM A
PORTION OF THE COUNTYWIDE SALES TAX FOR THE CITY'S SEVENTH PENNY SALES TAX
AS SECURITY FOR THE CITY'S SALES TAX REFUNDING REVENUE BONDS, SERIES
DECEMBER 1, 1982; PROVIDING CERTAIN ANCILLARY MISCELLANEOUS AMENDMENTS
THERETO IN CONNECTION THEREWITH; AND PROVIDING THE EFFECTIVE DATE HEREOF
was read by the city clerk
Councilman Knecht moved to adopt Ordinance #31, Series of 1985; seconded by Councilman
Blomquist. Roll call vote; Councitmembers Collins, aye; Knecht, aye; Blomquist, aye;
Walls, aye; Mayor Stirling, aye. Motion carried.
INTERGOVERNMENTAL AGREEMENT RFTA SALES TAX
Councilman Knecht moved to approve the intergovernmental agreement; seconded by Councilwoman
Walls. Mayor Stirling said the Council should receive more information about RFTA and
what it is doing. All in favor, motion carried.
~egu±ar meeting aspen ul%y uounc~l l~i~y ii, l~J
WHEELER FUNDING REQUEST
City Manager Schilling told Council this.is a'request for an assistant technical director
and secretarial help. By adding an assistant technical director, the concern about the
applicability of the Fair Labor Standards Act is resolved. As far as compensation, Schilling
said the proposed salaries will fall within the recommended range of the comparakle worth
study. Schilling said the staff has substantiated the need for the assistant technical
director. Schilling recommended rather than a full-time secretarial position, Council fund
a part-time position and have this monitored. Schilling said the present house manager
has spent a lot of time with box office activites. Two weeks ago Council funded a box
office administrator, which may change the need for a full time person. Schilling said
funding these two positions for the remainder of the year would cos~ $20,000. If Council
choses to fund two full time positions at the Wheeler, the funding request would be $25,000.
Schilling recommended this request be funded from the balance of money allocated from the
land fund to the Wheeler. Councilman Blomquist said his understanding of the election on
the Wheeler was for capital improvements out of the land fund. Councilman Blomquist said
this proposal would be taking monies fro capital improvement purposes and shifting them
to operating purposes. The operations of the Wheeler should be funded from the RETT or
the general fund. Mayor Stirling said $90,000 was allocated to the Wheeler from the land
fund for construction and there is $36,000 remaining. Mayor Stirling said this money is
already allocated to the Wheeler, and it is appropriate to use that money for this request.
These requests will have to be looked at during budget for 1986.
Mayor Stirting moved to approve $20,000 supplemental appropriation to the Wheeler as
detailed in the memorandum and that the funding be appropriated from the excess Wheeler
construction funds, allocated from the land fund; seconded by Councilwoman Walls.
Mayor Stirling said he would prefer to go with the part-time secretary. Councilman Knecht
said he would rather fund the whole request; this seems to be cutting in the wrong place.
Councilwoman Walls said the s~aff is going from three members to 5.5 members for the
remainder of 1985. If this doesn't prove to be enough, Council can increase this later
on. Finance Director Sonfield told Council the land fund is required to pay the debt
service on the bonds for the Wheeler. As a Council policy, they have said the Wheeler
should contribute $100,000 toward the bond repayment. This is relieving the Wheeler of
a cost, therefore they have the funds to pay for these expenditures.
Councilmembers Collins, Walls and Mayor Stirling in favor; Councilmembers Blomquist and
Knecht opposed. Motion carried.
ORDINANCE #25, SERIES OF 1985 - Water Rate Increase
Councilman Knecht moved to read Ordinance #25, Series of 1985; seconded by Councilman
Blomquist. All in favor, motion carried.
ORDINANCE NO. 25
(Series of 1985)
AN ORDINANCE AMENDING DIVISION 3 OF ARTICLE III OF CHAPTER 23 OF THE
MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, ENTITLED "WATER RATE AND
CHARGES" (THEREBY AMENDING ORDINANCE NO 18-1984) BY INCREASING CERTAIN
WATER RATES AND CHARGES was read by the city clerk
Councilman Blomquist moved to adopt Ordinance ~25, Series of 1985, on first reading;
seconded by Councilman Knecht.
Mayor Stirling requested that the public hearing be held June 10, 1985. Mayor Stirling
said he strongly opposes this proposal despite the fact these increases were included in
the water management program. There have been changes since the water management plan
started. People have conserved water. The city lost monies through arbitrage. There are
some large projects coming on line, like Centennial and Aspen Mountain Lodge. Finance
Director Sonfield said this increase was scheduled several years ago. This increase was
budgeted and the water fund projections assume this increase. Even with this increase,
there will be a $150,000 deficit in the 1985 budge~. Ms. Sonfield said this is the last
10 percent increase.
Roll call vote; Councilmembers Knecht, aye; Walls, aye; Blomquist, aye; Collins, aye;
Mayor Stirling, nay. Motion carried.
ORDINANCE ~26, SERIES OF 1985 - Utility Connect Charge Increase
Councilman Knecht moved to read Ordinance ~26, Series of 1985; seconded by Councilman
Blomquist. All in favor, motion carried.
ORDINANCE ~26
(Series of 1985)
AN ORDINANCE AMENDING CERTAIN SECTIONS OF DIVISION 2 OF ARTICLE III, CHAPTER
23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, AS AMENDED, ENTITLED
"UTILITY CONNECTION CHARGE (AND THEREBY AMENDING ORDINANCE NO. 19, SERIES OF
1984 AND ORDINANCE NO 58, SERIES OF 1984) BY ENACTING THE THIRD YEAR OF A
PHASED INCREASE IN CERTAIN WATER UTILITY CONNECTION CHARGES was read by the
city clerk
Councilman Knecht moved to adopt Ordinance #26, Series of 1985, on first reading; seconded
by Councilwoman Walls.
Mayor Stirling said a 20 percent increase in untility connect charges in inappropriate when
the city is considering a big analysis of the entire water rate structure.
Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Knecht, aye; Collins, aye;
Mayor Stirling, aye. Motion carried.
ORDINANCE ~27, SERIES OF 1985 - Water Rate Reform
Councilman Knecht moved to read Ordinance ~27, Series of 1985; seconded by Councilman
Blomquist. All in favor, motion carried.
ORDINANCE #27
(Series of 1985)
AN ORDINANCE ENTITLED "COMPREHENSIVE WATER RATE REFOR OF 1985"; ENACTING
NEW SECTIONS 23-41, 23-42, 23-43 AND 23-44 OF THE MUNICIPAL CODE OF THE
CITY OF ASPEN, COLORADO, CONCERNING WATER UTILITY DEFINITIONS, EQUIVALENT
CAPACITY UNITS, SERVICE AREAS AND SERVICE AREA FACTORS, AND RATE REVEIWS;
REPEALING SECTIONS 23-54, 23-58, 23-59, CONCERNING UTILITY CONNECTION
CHARGE DEFINITIONS, CONNECTION CHARGES, AND THE UTILITY CONNECTION CHARGE
RESERVE; ENACTING A NEW SECTION 23-58 CONCERNING UTILITY INVESTMENT CHARGES;
REPEALING AND REENACTING SECTIONS 23-101 AND 23-102 CONCERNING METERED AND
UNMETERED RATES; REPEALING AND REENACTING SECTION 23-156 CONCERNING THE
DETERMINATION OF OUT OF CITY WATER USE was read by the city clerk
Councilman Knecht moved to adopt Ordinance ~27, Series of 1985, on first reading; seconded
by Councilman Blomquist.
Finance Director said the city staff, water attorneys and engineers have been involved in
drafting this ordinance. Ms. Sonfield said the ECU table is not in the ordinance. The
staff recommends adopting this on first reading pending a complete ordinance for second
reading. Mayor Stirling said he received a letter from Francis Kalmes opposing the water
rate increase, stating if water rates become excessive property owners will forgo keeping
city propersy watered and attended.
Roll call vote; Councilmembers Blomquist, aye; Knecht, aye; Collins, aye; Walls, aye;
Mayor Stirling, aye. Motion carried.
ORDINANCE ~28, SERIES OF 1985 Bonding Electric Improvements
Councilman Knecht moved to read Ordinance ~28, Series of 1985; seconded by Councilman
Blomquist. All in favor, motion carried.
ORDINANCE #28
(Series of 1985)
AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ASPEN, COLORADO, OF
ITS GENERAL OBLIGATION ELECTRIC BONDS, SERIES 1985A IN THE PRINCIPLE
AMOUNT OF $3,150,000, FOR THE PURPOSE OF PROVIDING FUNDS FOR THE UNDER-
GROUNDING OF POWER LINES, THE ACQUISITION AND CONSTRUCTION OF CERTAIN
STREET LIGHT IMPROVEMENTS, TOGETHER WITH ALL NECESSARY INCIDENTALS
AND APPURTENT COSTS AND EXPENSES IN CONNECTION THEREWITH, DESCRIBING
THE FORM OF SAID BONDS, PROVIDING FOR THE SALE OF SAID BONDS, ESTABLISHING
CERTAIN FUNDS WITH RESPECT THERETO, PROVIDING A PLEDGE OF THE FULL FAITH
AND CREDIT OF THE CITY AS SECURITY OF SAID BONDS, APPOINTING A PAYING
AGENT FOR SAID BONDS, AND PROVIDING OTHER DETAILS IN CONNECTIONS WITH
SAID BONDS was read by the city clerk
Councilman Knecth moved to adopt Ordinance #28, Series of 1985, on first reading; seconded
by Councilman Collins.
Joe Barrows, Kirchner/Moore, said when Council first looked at the various methods of
financing a three year construction program, they did not want to lock into a particular
schedule. It was appropriate to look a short term financing, three single issues, or
long range financing. After the discussion at the last Council meeting, Council narrowed
the choice and Barrows presented the advantages and disadvantages of the two different
types of financing. Barrows said by issuing bond anticipation notes, Council is committed
to issuing somewhere in the future are are putting themselves at the mercy of the market.
Barrows recommended Council proceed with issuing 83,000,000 long term bonds. Barrows told
Council if they decided in the future not to expend the whole $3,000,000, they could take
the balance and buy state and local government treasury bonds. The yield on this would
have to be restricted.
Barrows said the $3,150,000 issue is designed to produce $3,000,000 in construction funds
and the additional amounts are issuing costs, bond insurance. Councilman Knecht asked if
this estimate covers undergrounding for all parts of the city limits, including Holy
Cross areas. Jay Hammond, city engineer, said this covers the entire three year program.
Councilman Knecht said the city should do ths whole program covering the entire city.
Hammond said the full program is a 5 year program; the 3 year program covers the lodge
area, the west end, the residential and lodge areas south of Main street, east and wes~
of the central core. This program does include some Holy Cross areas and some areas that
will be undertaken by the lodge improvement district. Mayor Stirling asked for a closer
analysis of the areas to be undergrounded by second reading.
Hammond showed Council a map with the areas contemplated for undergrounding in the various
years of the program. Hammond said the central core and heavy lodge districts will be
the first phase. The peripheral lodge district will be in the second phase, then the
residential areas east and west of town. Hammond told Council there is no~ great savings
by doing the undergrounding all at once. Councilwoman Walls asked what the street
lighting
improvements are going to be. Mayor Stirling said this is the commercial core and Main
street lighting programs. Councilman Collins said he thouqht Council had decided to
underground the entire city. Mayor Stirling said Council originally decided to do one
year of a five year program. Then Council decided to issues bonds for three year program.
Council never proposed to fund the entire $4,500,000 program. This program will get the
historic townsite undergrounded.
Regular Meeting Aspen City ~ouncli may ±~, ±~D
Hammond said the staff plans to work with engineering consultants to firm up costs.
Decisions can then be made on what areas of town should go first and create a master plan
for the entire city. Barrows said he would discourage COuncil from doing a $4,500,000
bond issue. It is important for the city to keep the rate structure and debt to capital
plants in line with the guidelines the city adopted a year ago. Barrows said with the
larger issue there may be problems with the arbitrage regulations.
Roll call vote; Councilmembers Blomquist, aye; Walls, aye; Knecht, aye; Collins, aye;
Mayor Stirling, aye. Motion carried.
ORDINANCE #8, SERIES OF 1985 - Smuggler Agreement
Councilman Knecht moved to read Ordinance ~8, Series of 1985; seconded by Councilman
Blomquist. All in favor, motion carried.
ORDINANCE #8
(Series of 1985)
AN ORDINANCE LEBYING A SPECIAL ASSESSMENT AGAINST THE REAL PROPERTY LOCATED
WITHIN THE CITY OF ASPEN, COLORADO, SPECIAL IMPROVEMENT DISTRICT NO. 1;
PROVIDING FOR THE METHOD OF PAYING SAID SPECIAL ASSESSMENT; APPROVING
AND DIRECTING THE EXECUTION AND DELIVERY OF AN AGREEMENT WITH RESPECT THERETO;
RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION WITH SAID LEVY; PROVIDING OTHER
MATTER RELATING THERETO; AND PROVIDING THE EFFECTIVE DATE HEREOF was read by the
city clerk
Councilman Knecht moved to adopt Ordinance #8, Series of 1985, on first reading; seconded
by Councilwoman Walls.
City Attorney Taddune said this ordinance and agreement are necessary to finalize the
financing for the Smuggler improvement district. Taddune said the homeowners association
would like time to review this. Brooke Peterson, representing the homeowners, said the
issues are not major but the homeowners are concerned about the timing.
Roll call vote; Councilmembers Walls, aye; Collins, aye; Knecht, aye; Blomquist, aye;
Mayor Stirling, aye. Motion carried
ASPEN MOUNTAIN LODGE PUD AGREEMENT
Jim Blanning said Aspen mountain is moving and the engineering has not been done. Mayor
Stirling said this will be discussed later in the meeting.
Ute City Place Final Plat and Residential Bonus Overlay. Alan Richman, planning office,
said this project received previous approval in 1981 with 8 free market and 14 employee
units. This present design is 22 employee units, has a lesser FAR and greater open space
and more parking spaces. The project has more landscaping and has moved to curb cut to
a better location. Richman said there are few conditions associated with the project.
Richman told Council the rezoning ordinance passed in 1981 rezoned the site, not the
project, and there is no reason to rezone the site. Richman said this project conforms
to the RBO designation as it meets all the criteria of RBO. Richman said in an employee
housing project, Council has the right to waive park dedication fees. Councilwoman Walls
said she is abstaining with regard to Ute City Place.
Mayor Stirling moved to confirm the P & Z and planning office recommendation that the
project retain the RBO designation; seconded by Councilman Knecht. All in favor, with
the exception of Councilman Collins. Motion carried.
Richman told Council the applicants are working on the overall park dedication fees based
on the city's interpretations. Joe Wells said the applicants feel the park dedication
fee is being handled in too interpretatively a manner rather than on the basis of the
ordinance. Richman told Council it is precedence in bona fide 100 percent employee housin¢
projects, the park dedication fee has been waived. Section 20-18 provides for Council to
waive these fees.
Mayor Stirling moved to waive the park dedication fee on the Ute City Place; seconded by
Councilman Knecht. Councilman Knecht and Mayor Stirling in favor; Councilmembers Collins
and Blomquist opposed. Motion NOT carried.
Councilman Collins asked if Council has ever turned down a request for waiver of park
dedication fee. Riehman said he is not aware Council has turned down a request. Taddune
read Section 20-18 to Council.
Councilman Collins moved to reconsider; seconded by Mayor Stirling. All in favor, with
the exception of Councilman Blomquist. Motion carried.
Aspen Ski Club Building Site. Mayor Stirling said the applicant have made an agreement
to build for the Ski Club a finished 1500 square foot building plus 500 square feet
unfinished space in an undetermined location. Riehman said the staff has looked at the
site around the old lift one tower, but has not had time to look at other city-owned
sites. Richman showed the site which was a gift to the city from the Aspen Skiing Company.
Richman said the property is zoned P, park, which makes Central Reservations a non-conforming
use in the area. There is an historic designation for the boat tow and the lift. Richman
said in the P, park, zone there is a conditional use for a recreation building which a
building used by the Ski Club would fall under.
Richman said the staff looked at the site for a possible location of a 4,000 square foot
structure. Richman said the staff feels the volleyball courts are a great amenity in the
downtown area, and woUld prefer not to disrupt them. Richman showed two alternatives
that were looked at which were not too desirable. The alternative supported by the staff
is using the existing building and adding on to it. The building could be terraced into
the site. Councilman Blomquist asked if staff considered closing Dean street and putting
the building next to the Aztec, remove the Central Reservations building, and landscape
the area. Richman said the staff did look at closing Dean street for better parking.
Mayor Stirling asked if there was any interest on Council for giving up the volleyball
courts. Leon Fell said the vollyball courts get used a lot. Also, there is the Mother
Lode volleyball classic that has been going on for 12 years, which draws about 162 teams
from the country. This is the largest two-man volleyball tournament in the country.
These are quality sand courts, and there will be pro events held at these courts, which
will be televised events. Council had no interest for displacing the volleyball courts.
Mayor Stirling said conceptually he likes using the existing Central Reservations building+i
Tom Hines, ARA Board, said they are supportive of a better building. Hines said the
ARA is concerned that anything should slow down the applicant's project. Gideon Kaufman,
Aspen Ski Club Board, said they have a concern about timing and that whatever happens
does not put the Ski Club in a compromise position. Kaufman said the Ski Club cannot be
in a position where they vacate their building for the lodge project, and there is not a
building for the Ski Club to move into.
Alan Novak suggested in the PUD agreement, it should be stated the applicants will agree
to build a certain amount of square footage for the Ski Club.
Trees and Landscaping Plan. Jim Holland, parks director, told Council he has gone over
the revised landscape plan. Holland said based on quanity and quality, staff feels the
developer is improving the overall quality of the neighborhood, has offered an adequate
landscaping replacement schedule for the property and public right-of-way. Holland told
Council the applicant will be replacing the conifers on-site at a ratio of 5 to 1 and the
deciduous trees will be replaced at a ratio of 4 to 1. Mayor Stirling asked if there
is a recommendation about the removal on the one tree not authorized. Holland said at the~
scale of this project, it is almost inconsequential. Mayor Stirling asked about the
suggestion of having a project manager for this project. City Manager Schilling said he
discussed this with the building department, and the building department feels the staff
is adequate to handle the project with the existing personnel. The applicant has an
excellent contractor. The building department has established a good relationship with
the srchitect. The Uniform Building Code requires the applicant having staff to make tests
and reports to the city. The building department wishes to reserve final judgement on
an additonal person, particularly if there are double shifts,
Councilman Collins said his comments went b~yond just the technical requirements and
building the lodge. Councilman Collins said with a project this size, there are other
activities relating to other departments like landscaping, traffic and street control,
water and electric. There are a lot of conditions in the PUD agreement that the city
will have to keep an eye to to see they are implemented. Councilman Collins said this
project will go on for two years and the impact of this project on the city will be very
great. Schilling said if Council plans on the building permit fees to cover this
position, that can be discussed at a later date. If Council wants the applicant to pay
for this pgsition, it should be discussed as part of the PUD agreement. Councilman Collins
said the building plan fees for this project should be substantial.
PUD Agreement. City Attorney Taddune said the agreement tries to address the Council's
concerns and covers all Council's conditions of approval. Mayor Stirling asked where
the dirt will be put, John Doremus said they have many locations and the contractor has
a high level of comfort there are enough sites. Richman said the PUD agreement gives the
city engineer and building department authority in a series of areas regarding construc-
tion. Jay Hammond, city engineer, told Council he has met with the contractors, have
discussed various sites for putting the dirt. There have been commitments from Hensel-
Phelps to provide traffic control, access to the project, barricades and fencing.
Councilman Collins asked if there will be any time constraints for the construction work.
Hammond said the Code has controls for noise consideration and construction time, and
any extraordinary construction will require review and approval of the environmental health
department.
Taddune told Council that this project will not have a demand for employee housing until
after it is constructed, so when the certificates of occupancy are issued employee deed
restrictions will go on record. Richman said there is no rationale to take the Copper
Horse out of the lodging inventory and make it employee housing at this point. Richman
pointed out that Ute City Place should never be occupied as an unrestricted project.
Mayor Stirling asked about architectural guarantees of the project being what was repre-
sented to Council. Taddune said the agreement recites all written submittals as presentlyi~
effective made by the applicant throughout the course of the approval process shall be
part of this agreement. Alan Novak told Council if there were to be any significant
changes, the applicant would present these changes to Council as a modification of the PUD~
plan. Councilman Collins said the documents in the planning office, renderings, working
documents, should be made a matter of record.
Councilman Collins asked about the renovation at the Continental Inn. John Doremus said
the plan is to allow flexibility to tear down the Continental earlier. Doremus said the
applicant made a contmitment if the Continental stays up for 5 years, they will Put a
certain amount of money into it. Mayor Stirling asked about the real estate transfer tax.
Taddune told Council the RETT is being briefed by the city, and any decisions on the RETT
should be done in executive session.
Ordinance ~11, Series of 1985 - Rezoning Top of Mill
Mayor Stirling opened the public hearing. Jim Blanning told Council he has been monitoring
the landslide area on Aspen mountain. Last year from 8 June to 14 June, it moved 12
inches, from 14 June to 19 June the area moved 26 inches Blanning said the land is -
moving and there is no control on the mountain. There is a fissure across corkscrew.
Novak said the applicant is currently studying this area. Hammond said he has met with
Chen and discussed the extent of the monitoring, the frequency of the readings. Hammond
said Chen will be completing monumentation this week. Hammond has contacted the Colorado
Geological Survey to confirm the adequacy of the program.
Mayor Stirling closed the public hearing.
Councilman Knecht movedito adopt Ordinance #11, Series of 1985, on second reading;
seconded by Councilwoman Walls.
Regular Meeting Aspen Clty ~ouncl± ~v~y ~o, ~o~
Councilman Collins said it would be a mistake to rezone this area given the conditions
that exist in the area and the potential for a slide. Councilman Collins said this action!i
may open the door for the city's liability. Novak pointed out the property is already
zoned for habitation. Novak pointed out the P & Z and Council have reserved approval on
the Top of Mill project pending more adequate data. Richman told Council these lots are
being rezoned from Public to R-15/PUD/L, all the surrounding lots are zoned R-15/L/PUD.
Roll call vote; Councilmembers Blomquist, aye; Collins, nay; Knecht, aye; Walls, aye;
Mayor Stirling, aye. Motion carried.
Ordinance ~14, Series of 1985 - Street Vacations
Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed
the public hearing.
Councilman Knecht moved to adopt Ordinance 914, Series of 1985, on second reading; seconded
by Councilwoman Walls.
Councilman Collins said it is not necessary to vacate these streets when only half the
project is on line. Councilman COllins said by not looking at the entire picture, this
is locking the city into a poor situation. Councilman Collins said circulation is
critical in the lodge area, and if Dean street is vacated there is none running east and
west.
Roll call vote; Councilmembers Walls, aye; Knecht, aye; Collins, nay; Blomquist, aye;
Mayor Stirling, aye. Motion carried.
Ordinance 930, Series of 1985 - Koch Property
Councilman Knecht moved to read Ordinance ~30, Series of 1985; seconded by Mayor Stifling.
All in favor, motion carried.
ORDINANCE ~30
(Series of 1985)
AN ORDINANCE GRANTING A REQUEST FOR SUBDIVISION APPROVAL FOR THAT PARCEL OF
REAL PROPERTY COMPRISING ALL OF BLOCK 62, CITY AND TOWNSITE OF ASPEN, ALL OF
BLOCK 1, EAMES ADDITION, CITY AND TOWNSITE OF ASPEN, AND CERTAIN ADJOINING
LANDS COMMONLY KNOWN AS THE KOCH LUMBER PROPERTY,. INTO TWO (2) LOTS, LOT 1
THEREOF BEING APPROXIMATELY 21,084 SQUARE FEET AND THE REMAINING LOT 2 THEREOF
APPROXIMATELY 40,931 SQUARE FEET; APPROVING THE EXCHANGE OF LOT 1 SUBDIVIDED,
TO BE EXCHANGED FOR CERTAIN CITY OWNED LANDS LOCATED WITHIN THE CITY AND
TOWNSITE OF ASPEN, SPECIFICALLY LOT 7, 8, 9, 10, 11, 12, 14 AND 15, CAPITOL
HILL ADDITION, CONTAINING APPROXIMATELY 20,860 SQUARE FEET; ACCEPTING A DONATION
TO THE CITY OF ASPEN OF LOT 2 OF THE KOCH LUMBER SUBDIVISION COMPRISING APPROX-
MATELY 40,931 SQUARE PEET; AUTHORIZING BOTH THE MAYOR AND THE CITY MANAGER TO
EXECUTE ALL DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE THE AFORESAID TRANSACTIONS
WAS READ BY THE CITY CLERK
Councilman Knecth moved to adopt Ordinance #30, Series of 1985, on first reading; secondedil
by COuncilwoman Walls. Roll call vote; Councilmembers Collins, aye; Blomquist, aye;
Walls, aye; Knecht, aye; Mayor Stirling, aye. Motion carried.
Councilman Knecht moved to grant subdivision exception for the condominiumization of the
lodge and residential units with the project; seconded by Mayor'Stirling. Richman
said this issue was discussed extensively last week, and Council agreed to waive the six
month minimum lease restrictions. Richman said the Code provides the ability for Council
to do this. All in favor, motion carried.
Councilman Knecht moved to approve the lodge GMP amendment for the project; seconded by
Councilwoman Walls. All in favor, with the exception of Councilman Collins. Motion
carried.
Taddume recommended tabling the final plat approval for one week so the agreement can be
finalized.
Councilman Knecht moved to table final plat approval for the Ute City Place until May 20;
seconded by Councilman Blomquist. All in favor, motion carried.
Councilman Blomquist moved to table the final plat approval for the Aspen Mountain PUD
until May 20; seconded by Councilman Collins. All in favor, motion carried.
RESOLUTION #8, SERIES OF 1985 - Entrance to Aspen
Councilman Knecht moved to table this to May 28, 1985; seconded by Councilman BlOmquist.
All in favor, motion carried.
ORDINANCE ~3, SERIES OF 1985 - Animal Shelter Contract
Mayor Stirling opened the public hearing. Councilman Collins moved to continue the public
hearing and table this to May 20, 1985; seconded by Councilwoman Walls. All in favor,
motion carried.
ORDINANCE ~16, SERIES OF 1985 - Historic Designations
Mayor Stirling opened the public hearing. Councilman Blomquist moved to continue the
public hearing and table this to May 28, 1985; seconded by Councilwoman Walls. All in
favor, motion carried.
~gu~ar ~ee~lng Aspen Clty Council May 13, 1985
ORDINANCE #18, SERIES OP 1985 Trails Agreement
Mayor St±fl±rig opened the puBl±¢ hear±rig. Counc±lman Knecht moved to cent±hue tho publ±c
hearing and table this until May 28, 1985; seconded by Councilman Collins. All in favor,
motion carried.
ORDINANCE #20, SERIES OF 1985 SPA Amendment
Mayor Stirling opened the public hearing. Councilman Collins moved to continue the public
hearing and table this until May 20, 1985; seconded by Councilman Knecht. All in favor,
motion carried.
ORDINANCE ~21, SERIES OF 1985 - Appropriations
Mayor Stirling opened the public hearing. Councilman Collins moved to continue the public
hearing and table this to May 28, 1985; seconded bY Councilman Knecht. All in favor,
motion carried.
ORDINANCE ~22, SERIES OF 1985 - Contract to Lease Animal Shelter
Mayor Stirling opened the public hearing. Councilman Collins moved ~o continue the public
hearing and table this to May 20, 1985; seconded by Councilman Knecht. All in favor,
motion carried.
ORDINANCE ~23, SERIES OF 1985 - Short Term Borrowing
Mayor Stirling opened the public hearing. There were no comments. Mayor Stirting closed
the public hearing.
Councilman Knecht moved to adopt Ordinance #23, Series of 1985, on second reading; seconded
by Councilman Blomquist.
Mayor Stirling asked if the funding source has been finalized. Assistant City Manager Ron
Mitchell told Council this was a competitive bidding process and First National Bank won.
Mayor Stirling asked about progress on neighboring donations. City Attorney Taddune told
Council the documents are being finalized.
Roll call vote; Councilmembers Collins, aye; Knecht, aye; Walls, aye; Blomquist, aye;
Mayor Stirling, aye. Motion carried.
REQUEST FOR ENCROACHMENT - Grosse Fence
Councilman Knecht moved to approve the request for encroachment for the Grosse fence;
seconded by Councilman Collins. All in favor, motion carried.
TRANFSER OF LIQUOR LICENSE
Councilman Knecht moved to approve the ~ransfer of location 5o 633 West Hyman for the
Wienerstube; seconded by Councilman Collins. All in favor, motion carried.
APPLICATION FOR 3-WAY LIQUOR LICENSE - Cantina
Mayor Stirling opened the public hearing. City Clerk Koch reported the files, posting
and publication 5o be in order. Brooke Peterson, representing the applicants, entered
into a record a petition in favor of this license with over 500 signatures. Peterson
told Council this location has long been designated as a restaurant. Peterson said the
applicants have liquor licenses in California. This restaurant will be a mid-priced
Mexican family restaurant. Mayor Stirling asked for opponents. There were none. Mayor
Stirling closed the public hearing.
Councilman Knecht moved that based on a public hearing held May 13, 1985, relating to
an application by Cantina for a three-way liquor license, Council finds that the needs
of the neighborhood have not been met, and the license is granted; seconded by Councilman
Collins. All in favor, motion carried.
CONSENT AGENDA
Councilman Knecht moved to approve the consent agenda; seconded by Councilman Collins.
The consent agenda is (1) special event permits - Aspen Council for the Arts; Tipsy Taxi;
(2) Liquor License renewals - Aspen General Store; Takah Sushi; Gordon & Grimsley's;
Red Onion. All in favor, motion carried.
Councilman Blomquist moved to continue the Council meeting ~o May 20, 1985, at 5:00 p.m.;
seconded by Councilman Collins. All in favor, motion carried. Council went into
executive sessign at 10:00 p.m.
Ka , ~ity Clerk
Continued Meetin~ As~en City Council May 20, 1985
Mayor Stirling called the continued meeting to order at 5:10 p.m. with Councilmembers
Blomquist, Knecht, Walls, and Collins present.
Ted Isaacson, representing the Roaring Fork Valley Fair, said last year the Council
approved a season golf pass and a 20-punch pass for prizes for the golf tournament.
Isaacson said this fair markets Aspen and this does bring tourists into the valley.
Continue Meeting Aspen ~l~y ~ounc~ ~vz~y ~u, z~oJ
Isaacson said many people attend the golf tournament mostly for the Aspen golf course pass.i!
The radio stations will be at the tournament. Isaacson said this is a good way for Aspen
to support Basalt. The funds from this will be used for a community center in Basalt.
City Manager SChilling said Council discussed giving a certain number of passes for the
staff to give out and elected to not do that. Mayor Stirling asked the value of these
two items, schilling said the season pass is $350 and the punch card is $130.
Councilman Collins moved to approve the same arrangement as last year and at budget time
to examine the policy of golf passes; seconded by Councilman BlOmquist. Schilling told
Council he would report back on which fund this will come out of. All in favor, motion
carried.
Awareness
Mayor Stirling said this week has been declared Substance Abuse/Week, The high school is
doing workshops and discussions.
Mayor Stirling said the first Thursday of every month, Council Will be holding a brown bag
lunch in the Council Chambers. The general public is invited for general discussions.
Mayor Stirling said the proposed no smoking ordinance will be on the agenda June 24, 1985.
Mayor Stirling said the annexation work session will be rescheduled from June 3 to June 17
in order for the new Council to be seated. Mayor Stirling recommended not meeting with
the county on this first session.
Mayor Stirling said tax exempt bonds may be in jeopardy and asked people to write their
Congressmen to challenge bringing to an end bonds that have expanded job opportunities
and facilities in municipalities.
ORDINANCE ~3, SERIES OF 1985 - Animal Shelter Contract
Mayor Stirling opened the public hearing. Assistant City Manager Mitchell said the purchaSe
price for the animal shelter is $220,000 with a donation to the difference of the appraised
price of $285,000. Mitchell said they plan on operating the shelter as a city facility
on June 1, 1985. Mayor Stirling closed the public hearing.
Councilman Blomquist moved to adopt Ordinance 93, Series of 1985, on second reading;
seconded by Councilman Knecht.
Mayor Stirling asked if this building is under the floor area ratio for the county and if
there is any possibility for expansion. Mitchell said the building may be over the FAR
and may be non-conforming. Mitchell said the staff does not anticipate the facility
needing any expansion. City Attorn'ey Taddune said the city will purchase the facility
with funds obtained from Jinco via a lease/purchase agreement. Lisa Russell, animal
control officer, told Council the housing units will be used by employees.
Roll call vote; Councilmembers Knecht, aye; Collins, nay; Mayor Stirling, aye; Walls, aye;
Blomquist, aye, Motion carried.
ORDINANCE ~22, SERIES OF 1985 - Lease/Purchase Contract
Assistant City Manager Mitchell said the staff took the financing out to bid. Jinco
provided a lot of assistance to the city in putting this deal together. Mayor Stirling
opened the public hearing. There were no comments. Mayor Stirling closed the public
hearing.
Councilman Knecht moved to adopt Ordinance ~22, Series of 1985, on second reading; seconded
by Mayor Stirling.
Mayor Stirling asked what fund this money would come out of. Mitchell said the monies
will come out of the general fund, and the staff estimates the city will pay $5,000 to
$10,000 less annually than in the past. Mitchell said this is solving a problem the
city and county have been facing for years. The staff plans to enter into an animal
service agreement with the county, and the city will provide this service on contrac to
the county. Bil Dunaway asked what the interest rate is. Mitchell said it fluctuates
but cannot go higher than 12 percent or lower than 8 percent. Councilman Collins questioned
the agreement about providing private boarding and grooming of animals. Mitchell said
the staff always intended to provide private boarding and may look at leasing the grooming'
operation out.
Roll call vote; Councilmembers Knecht, aye; Collins, nay; Mayor Stirling, aye; Walls, aye;
Blomquist, aye. Motion carried.
ORDINANCE ~20, SERIES OF 1985 - Specially Planned Area Amendments
Alan Richman, planning office, said the staff has made changes to this ordinance after the
work sessiOn. A new section, "conceptual plan" was added using language currently in the
code. New language has been added in Section 24-7.7(b). There is a request to change one
sentence to "adverse effects of the proposed development have been mitigated (as opposed
to minimized to the (f~llest to be deleted) extent practicable. There is a new section
24-11.2(j) which requires that Council see subdivision and GMP applications at the same
time. Richman suggested some other changes. One is in the section defining the word
"development" and adding ~i~!or other accessory buildings and structures located on the
property". In section 24-7.9 Richman suggested eliminating "appropriateness of the
proposed amendment" in the last sentence and replacing it with "whether the proposed
activity is a minor or substantical change to the site".
Con~ln~e~ Meetang Aspen City Council May 20, 1985
Mayor Stirling opened the puklic hearing.
Herb Klein said his concern is that the definition of ,,development" would include ski
lifts. Mayor Stirling said he would like the language to be as broad to cover all
possibilities and that "accessory structure" ancludes a ski lift. Taddune agreed it
should be broad also, otherwise the ordinance would have to list every type of structure
the staff could think of. Klein said the public hearings come rather late in the process,
and P & Z and Council may have made commitments to the applicant before it gets to the
public hearing stage. Klein suggested having a public hearing at the conceptual stage.
Richman agreed basic decisions are made at the conceptual level and it is difficult to
make significant changes at the preliminary or final stage. Richman said this should also
apply in PUDs and subdivisions.
John Doremus said that conceptual in SPA is a much broader approach than in subdivaslons.
Doremus said it would be premature to have a public hearing at conceptual SPA because
applicants would have to go into much more detail. Conceptual SPA is to give an indication
of what an applicant may plan to do and may not be a specific plan. Mayor stirling said
citizens ~hat would come to these public hearings would be concerned and interested enough
to understand the plans. Councilmembers Blomquast and Walls agreed. Larry Yaw said if
there are public hearings, Council will have to control these as there are criteria to
follow. Peter Forsch said the point of conceptual SPA is to give Council a broad look at
a project, and the public hearing should be kept reasonable. Pster Forsch said he would
prefer the public hearing at the stage where more detailed plans are required. Doremus
said the Meadows property as important to the west end, and if public hearings are required
at conceptual, they would plan neighborhood caucuses prior to conceptual rather than later
on. This would involve a lot more work.
Klein said the conceptual SPA addresses overall density, use categories, and design
concepts, which are pretty specific rather than b~oad. David Eisenstein poanted out ~n
section 24-7.3(a) it states as a general guide, it as not intended that the submissaon go
into the ~echnical detail required of conceptual subdivision or conceptual PUD. Eisenstein
said it would be better ~o have a broad based conceptual and have the public hearing when
there is more detail available. Richman said in. the county, public hearings are held
before the commissioners for conceptual subdivisaon and PUDs. Mayor Stirling said he feels
tke public and the applican~ would be better served by having a public hearing. Mayor
stirling closed the public hearing.
Mayor Stirting moved to adopt Ordinance ~20, Series of 1985, with amendments to 24-7.1(c)
"for other accessory buildings and s~ructures located on the property", adding a public
hearing requirement in 24-7.3[c), section 24.7-7(b) changing minimized ~o mitigated and
striking the word fullest; section 24-7.9 adding "whether tke proposed activity is a minor
or substantial change to the site; seconded by Councilman Btomquist.
Councilman Blomquist said in Section 24-7.4(b) allows an increase in density over the
underlying zone and questioned whether that should be allowed in an SPA. Mayor stirling
said Council has discussed this extensively and decided they wanted to retain the
variations and flexibility in SPAs. Richman said this is an incensive mechanism and
recognizes that parcels zoned SPA are different and standard zoning techniques do not
always work. Richman said it is within Council's prerogative to award variataons and to
take tha~ out of the ordinance strikes at what the SPA zone can accomplish. Councilman
collins questioned why an applicant would need more density. Councilman collins said he
would prefer to have a qualifier, like 10 percent increase, rather than opening the door
to a doubling of density. Richman said he feels the ordinance has good standards upon
which to make the judgement of increasing the_density. Richman said section 24-7.7
contain these standards, and compatibility is tke first and mos~ basac criteria. Richman
said in some parcels, Council may be interested ~n a density bonus in return for public
benefits to the community. Mayor stirling said parcels zoned SPA have a unique character
and require some flexibility.
Councilwoman-Walls said she is not comfortable with increasang the density. Mayor Stirling
said the Council had accepted that concept of varaation. Mayor stirling said the Council
does not have ~o accept greater density in any particular plan. Richman said if ~he
varIation section is eliminated, the SPA would not accomplish anything. Mayor stirling
said there are only three or four critical parcels that need to have this type of flexibility.
Mayor Stirling said this is an innovative zone that works for the public benefit. Mayor
stirling suggested tabling this ordinance until the new Council as seated. Forsch said
varying density ~s fundamental to SPA and has been discussed from the beginning. Larry
Yaw said there are areas where Council's discretion will bring better planning and a better
project. Council has used this discretion in the past and used ~t well.
Mayor Stirling withdrew his motion. Councilman CoLlins moved to table Ordinance #20, Seraes
of 1985, to June 24, 1985; seconded by Councilman Knecht. Ail in favor, motion carried.
FINAL PLAT APPROVAL - Ute City Place
Alan Richman, planning office, said some changes were made to the final plat at the
recommendation of the engineering department. Richman said all recommended changes were
also made to the subdivision agreement. The title of the plat was changed and an easement
for a transformer has been shown. The subdivision agreement added language about joining
an improvement district, if one is formed, and that Council has waived the park dedication
fee. Councilwoman Walls abstained in the discussion.
Councilman Knecht moved to grant final plat approval for Ute City Place and authorize the
Mayor to sign the documents; seconded by Councilman Blomquist. All in favor, with the
exception of Councilman collins; Councilwoman Walls abstained. Motion carried.
FINAL PLAT APPROVAL - Aspen Mountain Lodge PUD/Subdivision
Alan Richman, planning office, told Council ~nder the PUD' regulations, the variations have
to be listed, which has been done. The staff reviewed the PUD agreement and concluded
the city's concerns have been addressed. Richman said the park dedication fee issue has
3904
ContinuedMeeting Aspen City Council May 20, 1985
been resolved, and the fee for all the residential units is about $131,000. City Attorney
Ta~dune said the concern is that the special improvement district not incur any costs
for district-wide improvements that the Aspen Mountain lodge project has agreed to provide.
Taddune said the agreement se~s forth a procedure to address improvements that the city
is not definite on yet. Richman said the agreement requires that the applicant submit
the most current architectural renderings to the planning office so make sure the project
agrees with what was approved. David Zaagman asked if Monarch street is going to be made
narrower. Jay Hammond, city engineer, said at the intersection of Monarch and Dean, the
street will be 24 feet wide, which is more than adequate for two lanes.
Mayor Stirling moved to approve the final plat of Aspen Mountain Lodge subdivision and
planned unit development, giving Mayor authorization to sign the documents; seconded by
Councilman Knecht.
Councilman Collins asked if all of Dean is being vacated. Richman said only within the
project site. Councilman Collins asked about developing the park. Doremus said there
will be a park as long as the Continental Inn stands, when it is replaced by the eas~
wing ~here will be the ice rink/pool concept added. Mayor Stirling asked if the hole is
dug and nothing further happens, how can they city assure this will be replaced a~ least
to a natural state. Taddune said this is not specifically discussed in the PUD agreement
as the premlse is the hotel will be completed. Taddune told Council this is not required
of other applicants.
All in favor, with the exception of Councilman Collins. Motion carried.
Doremus requested an extension of the GMP approval, which expires December 1, 1985.
Taddune told Council the GMP date was inserted to get the project moving. Taddune said
extending the GMP date would be an acknowledgement that the applicants have substantially
completed what they said they would do. Richman said the timetable placed on this
application was 20 months; other applications is 33 months. The six month extension is
within the provisions of the Code and ls reasonable.
Councilman Blomquist moved to extend the GMP date six months; seconded by Mayor Stifling.
All in favor, motion carried.
Councilman Blomquist moved to adjourn at 7:30 p.m.; seconded by Councilman Knecht. All
in favor, motion carried.
Regular MeetinQ
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