HomeMy WebLinkAboutminutes.council.19820222~egular Meeting Aspen City Council February 22, 19~
Mayor Edel called the meeting to order at 5:00 p.m. with Councilmembers Knecht, Collins
Michael and yarry present. '
MINUTES
Councilwoman Michael moved to approve the minutes of November 11, 19 and December 24, 198~
seconded by Councilman Collins. All in favor, motion carried.
CITIZEN PARTICIPATION
1. Brian Kelleher and another member of the Aspen Middle School Council requested
permission to paint green shamrocks on people's cheecks on St. Patrick's Day. They will
charge $.25 ~and want to do it on the mall from noon until 2:00 p.m. All the money will
go the the Middle School fund. Council said this was fine.
2. Maggie DeWolfe read a statement from the Aspen Council for the Arts. "We request the
Aspen City Council to pass a resolution acknowledging their commitment to fund the arts
at the level requested in November 1981. Whether these funds are available through the
Real Estate Transfer Tax Fund or obtained from another source, we would like City
Council's reasurrance that these funds will be forthcoming. To facilitate our funding,
the Arts Council proposes a work/study session to be held as soon as possible in order
to determine a schedule acceptable to all."
Councilwoman M.ichael moved to add this to the agenda; seconded by Councilman Knecht. All
in favor, motion carried.
3. Colleen Carroll told Council she would like to put balloons up in the mall for
World Cup week. Ms. Carroll said she would like businesses to sponsor each balloon and
have it say Aspen welcomes the World Cup with the sponsors name on it.
Councilwoman Michael moved to add this to the agenda; seconded by Councilman Collins.
All in favor, motion carried.
COUNCILMEMBER COMMENTS
1. Councilman Knecht said Tom Dunlop, environmental health office, had gotten a program
organized to clean up the trash on the highway. Councilman Knecht said it was finished
this week and he appreciated it. Tom Dunlop told Council he and the parks department
had worked together and spent about 18 man hours cleaning up the highway.
2. Councilman Parry said he would like to get the buses cleaned for World Cup.
3. Councilwoman Michael brought up the trash situation. The snow is melting and the
streets are really looking grubby. Tom Dunlop told Council he is enlisting the aide of
the media and business people. The World Cup is coming and Dunlop is asking that shop
owners contribute 5 m~nutes of their time to pick up trash around their businesses.
Dunlop said the city needs people's help now or the town will look dirty and unkempt.
4. Mayor Edel asked the status of the ordinance regarding lands bought with open space
monies. City Attorney Taddune told Council this is a Charter amendment and would call
for a special election so the ordinance has not been drafted. Taddune said he could
have something prepared for Council review an March.
5. Mayor Edel told Council last week he had gone to Denver with the county and hospital
representative to appear before the house local affairs committee to ask for an endorse-
ment to allow local communities to form a taxing district. Mayor Edel said this passed
out of committee and will go to a resolutions committee. This would enable the change
in the way the ambulance district is being paid for.
6. Mayor Edel brought up an article in the Aspen Times regarding Fred Lane. This was
a grand article and Mayor Edel said he would like to change the name of the street Lane
resides on to Fred Lane. Mayor Edel requested staff put this on the next agenda.
Planning Director Sunny Vann told Council he would like to schedule a work session on
the 1982 work programs and the prospective changes to the GMP. There is a work session
and house tour on the area and bulk legislation March 1st. Council schedule this work
session on the GMP changes for Wednesday, March 10 at 5:00 p.m.
ASPEN COUNCIL FOR THE ARTS FUNDING
Lee Alexander and Maggie DeWolfe were representing the Arts Council. Mayor Edel said he
had no problems with scheduling a work session and suggested 5:00 p.m. on Wednesday,
February 24 before the public hearing on the Rio Grande. Lee Alexander told Council
that arts funding is often based on grants; many of these are matching grants. There
are a number of these in a situation where the Arts Council has the checks but they cannot
spend it because they do not have the matching funds. Ms. Alexander said the foremost
concern of the Arts Council is to sit down with Council and try and understand where
they are in their thinking and to come up with alternatives so that the Arts Council know
whats is going on. Ms. Alexander asked for a commitment from Council to funding the
arts.
Councilwoman Michael said this is implicit in the program. The city has a timing problem
and a source of funds problem at this time. Mayor Edel said it is consistent with
Councils' thinking to make that resolution to the arts. The Council cannot talk about
specific dollars until they know what is going on with the financial picture. ~lexander
said the Arts Council would feel more comfortable knowing that Council would be committed
enought to work with the Arts Council to find another source other than the RETT.
Chapman suggested having the chairman of the Wheeler Opera House Board site in on the
schedule work session.
BALLOONS/WORLD CUP WEEK
Colleen Carroll said she would l±ke to put balloons on light poles; she would be
responsible for gett±n~ them up and down. These balloons could be a route to l±ft lA
or throughout the mall and could be ±n bunches of the country's colors. Ms. Carroll
talked to the Aspen Ski±n~ ¢ompan7 and they have to problem w±th th±s. ¢±t7 Manager
Chapman told Counc±l the c±t7 will be han~±n~ banners from each of the l±ght poles. Thes~
are the Skiing Company's banners; the city is hanging them. Ms. Carroll said she would
recheck with the Skiing Company to make sure it is all right to hang the banners.
Councilwoman Michael said if the balloons do not last, would Ms. Carroll replace them.
Ms. Carroll answered yes.
Mayor Edel said he wanted no advertising. Ms. Carroll said it would be easier to sell
the balloons if the sponsor could be on the balloons. Councilman Parry said he had no
problems with advertising. Mayor Edel said he did not mind the balloons but has a problem
with the commercialism of it. Ms. Carroll said she may be able to do this through an ad
in the newspaper. Councilwoman Michael said it is a super idea without the advertising;
Councilman Collins agreed. Councilman Knecht liked the idea without advertising.
Councilwoman Michael moved to approve the placing of World Cup balloons on light standards
subject to City Manaqer Chapman clearing the matter with th~ Aspen Skiing Company and
without balloons; seconded by Councilman Parry. All in favor, motion carried.
RESOLUTION ~3, SERIES OF 1982 - Loma Alta Annexation
City Attorney Taddune reminded Council they had requested him to redraft a petition for
annexation to respond to concerns of Council and staff. These concerns are; (1) the
applicant deed over the water rights, subject to the reservation of leasing back water
rights for the purposes of irrigation~ (2) the county convey to the city the street known
as Chipeta; (3) the covenants and agreements pertaining to employee housing be continued;
(4) all future construction comply with the underlying zoning regulations.
Councilwoman Michael moved to read Resolution ~3, Series of 1982; seconded by Councilman
Parry. All in favor, motion carried.
Sunny Vann told council the annexation will proceed and then go to P & Z for the approria~
zoning recommendation. This will take about two months; the city has 90 days after annexa.
tion in which to zone the property.
RESOLUTION NO. ~
(Series of 1~82)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN RELATIVE TO
THE PETITION OF LOMA ALTO CORPORATION FOR ANNEXATION OF PROPERTY
TO THE CITY OF ASPEN AND AUTHORIZING THE INSTITUTION OF ZONING
PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED
WHEREAS, on or about December 12, 1981, Loma Alto Corpora-
tion, a Colorado corporation, did file with the City Clerk of the
City of Aspen a petition for annexation of territory to the City
of Aspen annexed hereto and incorporated herein as Exhibit "A",
whereby that real property more particularly described in said
application is being petitioned for annexation to the City of
Aspen; and
WHEREAS, the City Clerk of the City of Aspen has referred the
aforesaid petition as a communication to the City Council for
appropriate action to determine if the petition is substantially
in compliance with Section 1 of Section 31-12-107, C.R.S. 1973;
and
WHEREAS, the petition, including accompanying copies of an
annexation map, have been reviewed by the City Attorney's Office
and by the Engineering Department, and have been found by them to
contain the information prescribed and set forth in paragraphs (b)
to (d) of subsection (1) of Section 31-12-107, C.R.S. 1973, which
findings are hereby adopted and incorporated by reference herein;
and
WHEREAS, the petition has been signed by the owners of one
hundred percent .(100%) of the area proposed to be annexed, exclu-
sive of streets and alleys; and
WHEREAS, said area proposed to be annexed has and for a per-
iod of not less than three (3) years past has had two-thirds boun-
dary contiguity with the City of Aspen,
WHEREAS, as an inducement to the City to annex the aforesaid
area the petitioner has agreed and represented to the City, all as
set forth in that letter dated February 22, 1982, from attorneys
Sachs, Klein & Seigle annexed hereto and made a part hereof as
Exhibit "B", to accomplish the following:
1. In connection with the annexation, Loma Alto Corporation
will convey all appurtenant water rights to the City, subject,
however, to the reservation that it be entitled to lease back said
water rights for a nominal sum for use by Loma Alto Corporation,
its successors and assigns in connection with irrigation on the
property to be annexed.
2. The conveyance of a Quit Claim Deed from the County of
Pitkin to the City of Aspen, conveying what is commonly known as
Chipeta Avenue.
3. The covenants and agreements regarding the employee
housing on the subject property between Loma Alto Corporation and
Pitkin County, shall be binding on Loma Alto Corporation upon com-
pletion of the annexation.
4. All future construction will comply with the land use
and zoning regulations pertaining to the property upon its annexa-
tion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the petition for annexation of territory to the City of
Aspen as submitted by Loma Alto Corporation, a Colorado corpora-
tion, a copy of which is annexed hereto as Exhibit "A" and incor-
porated herein by reference, is hereby found and determined to be
in substantial compliance with the provisions of Section (1) of
Section 31-12-107, C.R.S. 1973.
Section 2
That the City Council of the City of Aspen hereby determines
that the applicable parts of Sections 31-12-104 and 31-12-105,
C.R.S. 1973, have been met and that an election is not required
under Section 31-12-10712), C.R.S. 1973. Section 3
That in view of the representations made by the petitioner as
set forth in Exhibit "B" annexed hereto and incorporated herein
and the fact that the petitioner is the owner of one hundred
percent (100%) of the area proposed to be annexed, exclusive of
streets and alleys, the City Council hereby declares its intention
pursuant to the Section 31-12-107(g), C.R.S. 1973, to annex such
area to the City of Aspen by ordinance, as provided in Sections
31-12-10711)(g) and 31-12-111, C.R.S. 1973, subject to fulfillment
of the representations of the petitioner as hereinabove set forth. Section 4
Pursuant to the provisions of Section 31-12-115, C.R.S. 1973,
the City of Aspen, through the Planning and Zoning Commission of
the City of Aspen and the several advisory departments of the City
of Aspen, may hereupon institute the appropriate procedure to zone
the land in the area proposed to be annexed, and the Director of
Planning of the City of Aspen be and he hereby is directed to
initiate the appropriate zoning procedures.
was read by the city manager
Councilman Knecht moved to adopt Resolution ~3, Series of 1982; seconded by Councilman
Collins. All in favor, motion carried.
1982 RESIDENTIAL GMP ALLOCATION - Sunny Park
Alice Davis, planning office, entered the February 10, 1982, memorandum from the planning
office into the record. The planning office is asking for a development allocation for
three free market units. The applicant is also proposing four employee studio units
and the reconstruction of three existing units. The available quota for 1982 is 16
units.
Councilman Collins moved to direct the planning office to draw up a resolution awarding
a 1982 development allocation for 3 units to the Sunny Park project; seconded by Council-
man Knecht. All in favor, motion carried.
SPECIAL EVENT PERMIT - Aspen Council for the Arts
Councilwoman Michael moved to approve the special event permits for the Aspen Council
for the arts for March 25 and 26 for the Filmfest; seconded by Councilman Parry. All
in favor, motion carried.
FINAL PLAT - Little Annie
This has been tabled at the request of the applicant to a date uncertain.
TRUCK LEASE Environmental Health
Tom Dunlop, environmental health director, told Council their present t~uck started
acting up this winter. It did not function well with all the snow; it Ks not totally
safe with all the snow. Councilman Knecht said he would just as soon have the city
manager handle issues like this. City Manager Chapman pointed out this requires
additional budget. Councilman Collins said'he thought one of the advantages of leasing
was that when the cars break down, it would be incumbent upon the party it was leased
from to fix it. Chapman said normally there is a maintenance part of the agreement; thes~
are not uniform.
Councilman Parry moved to approve the truck lease; seconded by Councilwoman Michael.
All in favor, motion carried.
DEDICATED RIGHT-OF-WAY/THOMAS PROPERTY
City Engineer McArthur said he needs a feeling of Council regarding the right-of-way
through the Thomas property the highway department will require for the busway study
that is being conducted. The highway department will not comment any engineering funds
to further study highway 82 extension until they have a dedicated right-of-way strip
connecting to the Marolt property. The highway department wants to know how the Council
feels regarding dedication of that property. If Council is not willing to dedicate this
land to the highway department, it will limit their study and to focus on four-laning
the existing highway 82.
Right now there are three alternative plans for four-laning the entrance to town. The
highway department needs to know about the Thomas property. The highway department will
not accept an easement. Once the land is dedicated to the highway department, it is
their property. Mayor Edel said he had no problems giving the highway department the
option, but if they do not use the land, the city should get it back. City Attorney
Taddune said the city could negotiate to make this conditional if the highway department
does not use the land by a certain date, it will revert back to the city.
McArthur pointed out to Council that the Thomas property was bought with open space money.
This may involved an election. If the chosen alternative is four-lanes through Marolt,
the existing highway 82 will be put back into open space. If two lanes in and two lanes
out are chosen, that option does not exist. The highway department will not give the
city additional right-of-way anywhere. Councilman Collins said he would like to get the
best exchange the city can. McArthur said the highway department has no exchange for the
city right now.
Councilwoman Michael moved to ask staff to pursue the dedication of right-of-way at the
Thomas property to the highway department with the negotiated condition that the property
rever~ to the city at some certain date if it as not used for that purpose; seconded by
CoUncilman Parry.
Taddune pointed out there is language an the Charter pertaining to the Isale or exchange
of land that is being used for public purposes. Council might consider whether or not
they would want to go to the voters. McArthur told Council at the last busway meeting
there was a group of people opposed to changing the use of the Thomas property from open
space to a dedicated ri~ht-of-way. Taddune said the first question is whether the Council
is inclined to dedicate the property; the staff has the answer to thas. The next question
is how to go about this; the staff will work on this. Councilman Knecht said he did not
like the whole idea at all.
All in favor, with the exception of Councilman Knecht. Motion carried.
BOND ISSUES DISCUSSION
Don Diones presented a graph of the bond market activities. The market is at 12.96 right
now, which is an average of the bond buyer's index. The market is fair right now. Diones
suggested waiting a couple of weeks to see what the bond market does; perhaps the city
can line up some short term money. Diones has a proposal in to sell the $1,200,000 for
the Wheeler along with the Real Estate Transfer Tax bonds. Diones is trying to get
insurance on both of them. Diones said if he could get insurance, he would like to get
the RETT $2,000,000 bonds done immediately.
City Manager Chapman outlined recommendations on the plan in regards to several bond
issues. For the Wheeler Opera House, with the condition the bond market is in and with
the need to let the bidders know whether the city will sign contract; the bidders have
extended their contracts from'January 18 to February 18 to February 25. Chapman recommend
the Council authorize the staff to sell the sales tax revenue bonds for $1,200,000 since
there is a market for those and contracts for that amount can be signed. This way the
city will not pay the construction manager for doing nothing, and will allow the city to
hold the bids they have received. This will also maintain construction momentum on the
Wheeler. While the city is proceeding with the $1,200,000, the staff with Diones can
proceed on the real estate transfer tax. Chapman recommended the city go ahead with the
sales tax revenue bond issue for the Wheeler. There are two lots west of the Wheeler,
which Council previously instructed staff to work on obtaining. The sales tax revenue
bonds may want to include an amount for purchase of that property. If so, the bond issue
would be more than $1,200,000.
The other two aspects of the bond program are the water management plan and open space.
Chapman suggested for the water managemen5 plan to wait until the bond market gets better.
The staff and water engineers have done an analysis; in phase two the city could absorb
12 per cent inflation factor. The water engineers told staff the inflation rate is less
than 12 per cent. The Council needs to decide whether to take the gamble that the bond
market will go down more than inflation will go up. Chapman recommended waiting until
the bond market comes down. As soon as it approachs 10.75 per cent, the city should
market the bonds even if it is late in the construction season.
Councilman Collins asked if the city got the $1,200,000 bonds for the Wheeler, how much
time would that mean. City Engineer McArthur said that would be 3 to 4 months constructiol
Diones pointed out the city has the luxury of borrowing short term money now because the
bond issue was approved in January. Chapman told Council the open space bond issue was
also approved and recommended not to issue bonds but secure options and installment
contracts. Chapman suggested if Council accepts this plane, to look at a sale tax bond
issue of $2,000,000 maxlmum; $1,200,000 for the Wheeler and the rest for the open space
acquisition program.
Councilman Knecht moved to let City Manager Chapman proceed on the outline made to Council
and follow the financing illustrated and authorize the marketing of the sales tax revenue
bonds; seconded by Councilman Parry. All in favor, motion carried.
COMMUNITY HEALTH SERVICES REQUEST
Mayor Edel said there was no one present representing the Community Health Services.
Councilwoman Michael suggested taking Finance Director Sonfield's advise and wait on this
request for a commitment for funding for the couple of months. The CHS does not know
for sure their funding will be cut. Council agreed with this.
DONATION REQUEST - Rocky Mountain Center for Cinema
Councilwoman Michael said as this is an arts request perhaps it could wait until the
Wednesday night study session with the rest of the arts requests. Mayor Edel said the
arts groups might feel this is a unaque request. Councilman Collins said this group
indicated they would take half their request. Wes Pouliot, representing the'~RMCC, told
Council he is aware of the problems the Council is facing with the general budgets and
the arts contributions. Unfortunately the RMCC is in the same position. Pouliot told
Council the RMCC requested $5,000 to support their summer program. This is to be able to
buy a piece of equfpment which they usually rent. This will save them money and also be
able to earn money an the future.
The RMCC finished the Centenntial picture first draft and has gotten positive feedback.
There is a $4500 short fall on the Centennial film project. Poutiot requested funding of
$2500 to pay bills. If they pay this bill before it becomes past due, they can use a
credit of S2,000 for a high quality color camera. This camera is used for the summer
program, which is college accredited. Last year there were five apprentices; they are
projecting 12 for this year. The RMCC needs this equipment to make this project work.
Pouliot told Council he has discussed with KRMA the possibility of airing the Centennial
film; this has expended beyond a local project.
Councilwoman Michael said the Council for the Arts came in regarding arts funding and the
Council set up a study session for Wednesday. Councilwoman Michael suggested returning tc
Council on Wednesday at this study session. Mayor Edel said with the uncertainty of this
winter, the Council's ability to give a dollar answer on Wednesday will be very restrictiw
Councilwoman Michael asked where the city would get the $2500. City Manager Chapman told
Council the request from the arts groups total $98,000. The money is just not in the
Real Estate Transfer Tax. Chapman told Council the January collections were the worst
on record for the collection of the RETT. The City cannot do everything the would like to
do out of the RETT with renovation of the Wheeler, hiring an executive director and also
funding the arts groups to $t00,000. Chapman said it is too early to make a commitment
out of the general fund for $100,000 for arts groups; that is a substantial amount of
money. The city departments are already looking at making budget cutbacks from 2-1/2 per
cent to 10 per cent. Chapman told Council that December sales tax was good but Council
should wait at least until they see March sales tax collections before making any decision:
Councilwoman Michael said the project is a good one but if the Council cannot find money
they cannot find the money. Councilman Collins said the response to this request is what
it is to the other group, the Council has to defer their decisions until they see the
sales tax figures. Poulit stated this is a crisis for the RMCC; unfortunately, their
crisis is happening at the same time as the Council's crisis. Mayor Edel agreed with
Council they cannot make a decision tonight; the Council will have to wait until the work
session with the arts groups on Wednesday. Pouliot said if the Council makes a decision
Wednesday it would help them. Pouliot pointed out if they get this money, they will
accept this as half their request and cancel the rest. Pouliot pointed out to Council
it h~s only been two years they have been funding arts groups out of the RETT; it was the
understanding the renovation of the Wheeler was first priority and the funding of the
arts groups is out of the overage. Pouliot told Council the arts groups spend a budget
of $7,000,000; the percentage of money spent in the community comes to $250,000 taxes
generated. Pouliot said the arts groups are helping in their second industry to help
fill the sales tax coffers.
ORDINANCE ~8, SERIES OF 1982 - Golf Course Rezoning
Alan Richman, planning office, reminded Council this is the first step towards the final
plat for the golf course subdivision. The ordinance zones the golf course as P, park,
and the Plum Tree and parking lot as P, park with a golf course support overlay.
Councilman Parry moved to read Ordinance ~8, Series of 1982; seconded by Councilwoman
Michael. All in favori motion carried.
ORDINANCE #8
Series of 1982)
AN ORDINANCE REZONING THE LAND CONTAINED WITHIN THE GOLF COURSE SUBDIVISION
was read by the city clerk
Councilwoman Michael moved to adopt Ordinance ~8, Series of 1982; seconded by Councilman
Parry. Roll call vote; Councilmembers Parry, aye; Collins, aye; Michael, aye; Mayor Edel,
aye. Motion carried.
ORDINANCES 1, 2, 3; SERIES OF 1982 - Aspen Mountain Park SPA and Pitkin Reserve Zoning
Alan Richman told Council these are second readings and public hearings on the ordinances
that adopt the ~SPA for Smuggler trailer park; disconnecting 0.41 acres from the city; and
zoning Pitkin Reserve R-30/PUD. Richman reminded Council these were tabled at the last
meeting because st~ff was still working with the applicants on the subdivision agreements
and final plats. Richman said the staff is comfortable the issues are solved. The
staff recommends approving these ordinances on second reading. Mayor Edel said if all
Council's concerns have been ~ncorporated. City Attorney Taddune told Council he has
gone over the agreements money times and feels that all Council's concerns have been
addressed. There have been some very minor details and language changes. Taddune pointed
out one change is what level the caretaker unit at Pitkin Reserve will be and how that
will affect the park dedication fee. It was agreed the caretaker unit. will be low or
moderate; if it is middle, the applicant will inform the city and they will pay a park
dedication fee. Councilman Parry asked if there is a time limit for the improvement to
the trailer park. Richman said the agreement suggests beginning in May and ending in
August.
Mayor Edel opened the public hearing on Ordinance #1, Series of 1982. There were no
comments. Mayor Edel closed the public hearing.
Councilman~Parry moved to adopt Ordinance ~1, Series of 1982, on second reading; seconded
by Councilwoman Michael.
Brooke Peterson, as public and co-applicant, addressed Council on three items. The first
is a transfer fee on sale of units subsequent to this agreement was to be one-half (1/2)
of one per cent (1%) was to be a topset figure, not necessarily what it has to be. Taddune
told Council in those cases where the housing office has to qualify rentors or purchasers
there is in the agreement a percentage of the first months' rent or the sales price.
Bob Hughes said the concern is that percentage Ks the maximum fee that could be charged
but not necessarily the fee that is going to be charged. Peterson asked that the fee
not be an absolute one-half (1/2) of one per cent (1%) just a maximum. Chapman said this
could be worked out among staff and the applicants.
Peterson raised the point of the provision that requires the applicant and by implicant
the Association to provide a cost bond for the improvements. Peterson said the city
has accepted promissory notes from the applicant for the completion of the subdivision
improvements. Peterson said he felt there was significant leverage in the note and in
the agreement that Pitkin Reserve cannot have any certificate of occupancies that rather
than cost the Smuggler trailer park people additional money in an escrow bond, to
accept a promissory note. City Attorney Taddune told Council the city's Code requires
a certain amount of money be held in a liquid account so that if the improvements are not
completed, the city can go to the account and complete the improvement. The promissory
note is another promise on top of a promise. Taddune said with a promissory note, the
city does not have the resource of cash available to complete the improvements.,, Chapman
said the agreement is already the effect of a promissory note.
Peterson told Council the bond could be between $25,000 and $50,000. Hughes pointed out
this is a non-recoverable cost. It does not come back. Hughes said there is a provisio
in the Code that allows Council to make provisions by other agreements. Hughes said
that Pitkin Reserve project cannot get c/o's until-the improvements at Smuggler Trailer
park are satisfactorily completed. That could be a.~time to ask for a cash escrow.
Taddune said there could be a situation where the project might go bankrupt and the
improvements are not finished. This is the reason for having a cash escrow so that the
Council can insure the improvements will be completed.
Peterson told Council the trailer owners have agreed to bear 48 per cent of the improve-
ments in exces~ of~ $217,000. Mayor Edel said this would be saddling the trailer owners
with more additional costs. Mayor Edel said he would like to stop from dropping more
costs on the buyers of the trailers. Chapman said the decision is how secure the Council
wants to be. If Council is comfortable with the agreement and the promissory note, the
staff will word it as strongly as possible. Mayor Edel said in most circumstances he
would follow the advice of the city attorney; however, in this instance he would like to
find a way around the escorw bond. Council agreed.
Peterson said he last point deals with payment of the real estate transfer tax. The
tax on each trailer will be between S150 and $200. Peterson said if this can not be
avoided on this project, he would request Council look at this tax in light of employee
housing in the future.
Roll call vote; Councilmembers Michael, aye; Collins, nay; Parry, aye; Mayor Edel, aye.
Motion carried.
ORDINANCE ~2, SERIES OF 1982 Disconnecting 0.41 acres--
Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the
public hearing.
Councilman Parry moved to adopt Ordinance ~2, Series of 1982, on second reading; seconde~
by Councilwoman Michael. Roll call vote; Councilmembers Collins, nay; Michael, aye;
Parry, aye; Mayor Edel, aye. Motion carried.
ORDINANCE ~3, SERIES OF 1982 Pitkin Reserve Zoning
Mayor Edel opened the public hearing.
Phoebe Ryearson said the area residsnts felt there were not properly notified on this.
Ms. Ryearson requested a written order of events on this so could submit to the residents
Bob Hughes said he would draft a written history of events for Council's endorsements.
Mayoe Edel closed the public hearing. Councilman Parry moved to adopt Ordinance ~3,
Series of 1982, on second reading; seconded by Councilwoman Michael. Roll call vote;
Councilmembers Parry, aye; Collins, naye; Michael, aye; Mayor Edel, aye. Motion carried.
ORDINANCE ~6, SERIES OF 1982 - Appropriation to ACES and Youth Council
Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the
public hearing.
Councilman Parry moved to adopt Ordinance #6, Series of 1982; seconded by Councilwoman
Michael. Roll call vote; Councilmembers Collins, aye; Michael, aye; Parry, aye; Mayor
Edel, aye. Motion carried.
FINAL PLAT APPROVAL - Aspen Mountain Park
Councilwoman Michael moved to approve the Smuggler Mobile Home Park Final Plat and to
authorize the mayor to execute the precise plan and subdivision agreement for the
Smuggler mobile home park, subject to the following conditions; (1) approval as to form
by the city attorney of the subdivision agreement prior to its exeuction and recordation
(2) approval as to form by the city engineer of the final plat prior to its recordation;
and (3) approval by the city engineer or attorney of the values to be provided by the
applicant for the number of water taps and cost per tap, cost of sewer service, guarantee
of the construction costs of public improvements, fee to be paid to the city for
qualifying the renters and purchasers of bomile homes, fair market value of the land and
size and space number for the laundry room; seconded by Councilman Parry. All in favor,
with the exception of Councilman Collins. Motion carried.
FINAL PLAT APPROVAL - Pitkin Reserve
Councilman Parry moved to approve the Pitkin Reserve final plat and to authorize the
Mayor to execute the PUD and subdivision agreement for Pitkin Reserve subject to the
following conditions; (1) approval as to form by the city attorney of the subdivision
agreement prior to its execution and recordation; (2) approval as to form by the city
engineer of the final plat prior to its recordation; and (3) approval by the city engineel
of the values to be provided by the applicant for the number of water taps and costs
per tap, cost of sewer service and the guarantee of the construction costs of public
Regular Meeting Aspen City Council February 22, 1982
improvements; seconded by Councilwoman Michael. Ail in favor, with the excepnlon of
Councilman Collins. Motion carried.
Councilwoman Michael moved to adjourn at 7:35 p.m.; seconded by Councilman Collins. All
in favor, motion carried.