HomeMy WebLinkAboutminutes.council.19830411 ~gu~ar ~ee~ng Aspen ~lty ~ouncl± Aprl£ 11,
Mayor Edel called the meeting to order at 5:10 p.m. with Councilmembers Collins, Knecht
Parry and Michael present.
CITIZEN PARTICIPATION
1. David Zaagman asked if Council had given some thought to the proposal of matching funds
from the federal governmsnt for a valley wide transportation sytem from Glenwood Springs
to Aspen. Mayor Edel said the city had been approached by the government saying there
were funds available on the state and federal level to hlp communities in terms of
developing a more stable employment base throughout the community. Mayor Edel said he
felt it would be much better if this were developed as an area-wide project. Mayor Edel
has met with people throughout the valley to discuss the possible formulation of an area
agency. Mayor Edel suggested that the lead agency not be Aspen but some down valley
governmental agency. Mayor Edel said this is the first step of something that could be
beneficial and long term for the entire valley.
2. Mike Clement told Council there is a real problems with lack of enforcement of the
traffic laws on Main street, specifically people trying to get across Main street. Terry
Quirk, police dePartment, told Council issuing tickets is not the only solution. People
are not using the crosswalks but are jaywalking. Councilman Collins asked if volunteers
could be deputized for enforcement purposes. Quirk said he has not researched that in
depth. Councilman Collins asked the police department check into this and report back.
3. Carolyn Doty, committee to preserve open space funds, has a petitions with 369 signa-
tures, and urged Council to pass the ordinance in the petition. At the Council meeting
March 14th, Council requests a list of the committee's priorities for the land fund.
These are (1) purchase land between Hallam lake and the sewer plant, (2) purchase of the
Koch lumber property at the base of Shadow mountain, (3) purchase trail easements along
Castle creek, (4)i purchas~ of Bass park, (5) purchase of an open space area in the Smuggler
Silverking area; (6) development of trails and landscaping of the above parcels and all
existing open space. Ms. Doty requested further that the planning office prepare a more
workable open space and beautification plan and that this committee be allowed to work
with the planning office.
Councilwoman Michael moved to add this to the agenda; seconded by Councilman Knecht. All
in favor, motion carried.
COUNCILMEMBER COMMENTS
1. Councilwoman Michael said she received~a phone call from someone in Glenwood Springs
telling her that Gt~nwood is in the process of making a decision about the highway bypass.
This does not directly affect Aspen, but it was done as a courtesy to let Aspen know they
want us to know what they are doing...
2. Councilman COllins commended the city crews for cleaning up the Castle creek bridge
of dirts and rocks~.~ Councilman Collins said he appreciated it.
3. Mayor Edel said he has been told that a letter of agreement has been struck between
a group represented by John Roberts and Alan Novak with Mr. Cantrup for $31,000,000
regarding purchase of land for the development of a hotel, which now has to go to a
bankruptcy court for approval by them. This deal is based on the assumption of certain
approvals by the city. Mayor Edel said he was asked to advise Council of that.
MAROLT PROPERTY
City Manager Chapman said based on his instructions from Council, he has had several conver-
sations witb the Marolt representatives. The proposal before council tonight will probably
meet Council's objectives. The agreement is that the city will buy all but 10 acres of
the land; this ten acres, through a subdivision process, will be a donation to the city.
The total price is $2,100,000; $1,800,000 upon closing with $300,000 payment at the end
of 5 years with 12 per cent interest. Chapman told Council Mrs. Marolt will retain the
right to occupy for homestead for a period of three years.
Mayor Edel said this was presented before the Open Space Advisory Board and they agreed
unanimously that this should be followed through. Chapman said the ordinance mentions
3 acres, and it should be made clear that this will not be subdivided out but that Mrs.
Marolt can occupy the homestead for three years. Mayor Edel said Council should talk aboutl
how the land should be managed, rather than just letting it lay fallow.
Councilwoman Michael moved to read Ordinance #15, Series of 1983; seconded by Councilman
Parry. All in favor, motion carried.
ORDINANCE 915
(Series of 1983)
AN ORDINANCE APPROVING THE ACQUISITION BY THE CITY OF ASPEN OF THAT PROPERTY
LOCATED WITHIN THE CITY OF ASPEN, COUNTY OF PITKIN, COMMONLY KNOWN AS THE
"AMROLT RANCH" IN ACCORDANCE WITH THE PROPOSED PURCHASE AND SALE AGREEMENT ANNEXED
AS EXHIBIT "A", THE TERMS OF WHICH ACQUISITION INCLUDE:
1. A RESERVATION O~i.A LICENSE TO OPAL MAROLT TO OCCUPY THE MAROLT HOMESTEAD
FOR A PERIOD OF THREE YEARS;
2. CONVEYANCE TO THE CITY OF APPROXIMATELY 25.5 ACRES,
3. REPROCESSING OF THE MAROLT RANCH PUC/SPA THROUGH THE SUBDIVISION
PROCESS OF THE CITY OF ASPEN TO ACCOMPLISH THE CONVEYANCE;
4. COMPENSATION TO THE OWNERS OF APPOXIMATELY $2.1 MILLION TO BE PAID
AS FOLLOWS:
a. $10,000 UPON THE EXECUTION OF THE PURCHASE AND SALE AGREEMENT:
ReguLar Meeting aspen ul~y uounc~±
b. $1,790,000 AT CLOSING:
c. EXECUTION AT CLOSING OF A NON-ASSUMABLE PROMISSORY NOTE IN THE PRINCIPAL
AMOUNT OF THREE HUNDRED THOUSAND DOLLARS ($300,000) WITH INTEREST
AT THE RATE OF 12 ~ER CENT PER ANNUM PAYABLE IN QUARTERLY ANNUAL
INTEREST ONLY PAYMENTS OF $9,000 FOR A PERIOD OF FIVE YEARS FROM
THE DATE OF CLOSING AT THE END OF WHICH PERIOD THE ENTIRE BALANCE
SHALL BE DUE AND PAYABLE;
AND AUTHORIZING BOTH THE MAYOR AND THE CITY MANAGER TO EXECUTE ON BEHALF OF THE
CITY OF ASPEN SUCH DOCUMENTS AS ARE NECESSARY TO CONSUMMATE THE ACQUISITION
was read by the city clerk
Mayor Edel said any mention of 3 acres should be striken from the Ordinance. City
Attorney Taddune pointed out the ordinance does~ not address the offer from Mrs. Marolt
for the additional 10 acre donation as these two transactions are separate and apart.
Councilman Knecht moved to adopt Ordinance ~15, Series of 1983, with the deletion of any
reference to the 3 acres; seconded by Councilman Parry
Councilman Collins said he felt this is being rushed throUgh. The Council was just
presented with a petition about open space and with priorities for other acquisitions.
Councilman Collins said he does not know what the other options are. Councilman Collins
said before the second reading, he would like to have a Chance to look at a shopping list~
of other parcels that may be available, and what the ~vailable funds are~
Roll call vo-e; Councilmembers Parry, aye; Michael, aye; Collins, aye; Knecht, aye;
Mayor Edel, aye. Motion carried.
CABLE TV FRANCHISE
Assistant City Manager Ron Mitchell told Council the Cable TV advisory committee has been
holding meetings reviewing the cable tv situation, reviewing Canyon Cable's request to
renegotiate their franchise and upgrade the system. Mitchell told Council the committee
has come up with recommendations which are (1) appoint two members from the committee
to work with MitChel and meet with Canyon cable to develop a franchise ordinance; (2)
the committee would recommend a franchise ordinance to Council, and the ordinance would
go to the voters; (3) the committee would work with the city attorney to strengthen the
non-exclusive aspect of the granchise and the availability for cable companies to apply
for a franchise; (4) the committee set a schedule of 4 to 6 weeks to complete the fran-
chise ordinance to recommend to Council; (5) the Committee would like to reserve the
right to come back to Council to request funds to hire a technical consultant for
advise on the technical aspects of the ordinance; the committee intends to use its own
expertise, but may need outside help.
Councilwoman Parry asked why this had to be submitted to the voters. Mitchel said it is
in the City Charter to submit to the voters the granting of any franchise.~ Mitche~told
Council the committee's evaluation is that for the community's interest that Canyon cable
is willing to invest a significant amount of money to upgrade the system so that Aspen
has a "state of the art" system and to also upgrade the city's franchise ordinance.
Mitchell said the best procedure would be to meet with Canyon cable and come up with a
franchise ordinance to accomplish this. Mitchell said he felt going through an RFP
process would not put the city in any better position.
Mitchelltold Council that the city attorney is counselling them along so that they will
not create any exposure to anti-trust. City Attorney Taddune said according to the
committee, requests for proposals are not necessary in Aspen. Taddune recommended a
three-tiered approach; (1) public fact finding as to the minimum criteria for any cable
franchise; (2) adoption of an ordinance establishing minimum criteria for any cable
company wanting to operate within the city of Aspen; (3) granting of specific franchise.
Taddune said the city would then pass on to the electorate those persons wishing to
establish cable franchises in the community.
Taddune told Council the committee does not feel there is any interest or need in the
community to limit the number of franchisees operating cable TV. Mayor Edel said the
bottom line for anyone is that they pay the city for coming in and peddling their wares.
Councilman Knecht moved to approve the next five steps of the advisory committee's plan
for cable franchise; seconded by Councilwoman Michael.
Councilman Parry said that step number 2 should be separated out, as the franchise
ordinance itself is not voted on in an election. The company to received the franchise
is voted upon by the electorate. Taddune said there will be a minimum criteria ordinance
first. The approval of an individual franchisee will go to the voters. This should
be separated out.
Councilman Knecht moved to amRnd step 2 to first have an ordinance that is approved by
Council, and then have an election on a franchisee; accepted by Councilwoman Michael.
All in favor, motion carried.
OPEN SPACE COMMITTEE
Carolyn Doty requested Council instruct the planning office to prepare a specific open
space and beautification plan for Aspen and that their committee be allowed to work with
the planning office on this. Councilman Parry recommended this group work with the Open
Space Advisory BOard. Mayor Edel agreed the city has an on-going group that has worked
on open space for some time. They have developed a program. Mayor Edel said he does
not understand why another group has to be created when it could be merged. Ms. Doty
said this group would like to see just city issues dealt with in the city.
A1 Blomquist said the people in the Smuggler area have needs for open space and recrea-
tion. Blomquist said there should be half a dozen groups loOks at their neighborhood
needs. Councilman Parry said the groups should be coordinated and only have one
~u~i mees~ng Aspen City Council April 11, 1983
recon~mendation to Coun~l. Councilman Collins said he felt there may be a.~need for better
communications between the various open space groups. Councilman Collins said he would
like to see a priority 'list of open space with rationale for these purchases. Chapman
said the request is to have the planning office work with this group and the open space
negotiating team to develop a park and open space plan for within the city limits.
Councilman Knecht. said he felt it is productive to add more ideas to the open space
program. Councilman Knecht recommended the city get together with this group, get ~ogether
with the PCPA, and the Open Space Advisory Board makes the final decision, it is a board
appointed by the Council. Councilwoman Michael suggested this group communicate with the
OSAB and find the history behind the open space program.
Councilwoman Michael moved to approve the request for planning office time; seconded by
Councilman Knecht. Ail in favor, with the suggested of Mayor Edel. Motion carried.
CODE AMENDMENTS - Expedited Review of Land Use Applications Ordinances 16 & 17, 1983
Alan Richman, planning office, told Council this is a second version, as Council did not
like the first version because it gave discretion to the staff. What Council wanted was
more predictability in the process. The staff tried to come up with a compromise to make
the process more predictable, but when there is a question involved, a recommendation will
come from P & Z. Council is given the opportunity to decide what projects are appropriate
for exemptions. The discretion of the planning director has been removed from this
process. Sunny Vann, planning director, told Council an applicant is charged based on
the number of steps in the process.
City Attorney Taddune told Council the staff felt one of the criteria should be whether
multiple review is redundant. If so, there is no necessity to run an application through
a four or two step process when one would do. Taddune said another finding is that
multiple review would serve no public purpose. This is focusing upon the land use policies
of the city.
Councilman Parry moved to read Ordinance ~16, Series of 1983; seconded by Councilman
Collins. All in favor, motion carried.
ORDINANCE ~16
(Series of 1983)
AN ORDINANCE AMENDING SECTION 20-19 OF THE MUNICIPAL CODE OF THE CITY OF
ASPEN, COLORADO, (PERTAINING TO EXCEPTIONS AND EXEMPTIONS FROM THE SUBDIVISION
REGULATIONS BY REPLEAING SUBSECTION (b) AND THE LAST UNNUMBERED PARAGRAPH
OF SECTION ~0-19 AND REENACTING SUBSECTION (b) AND ADDING NEW SUBSECTIONS
(d) AND (d) SO AS TO AUTHORIZE THE CITY COUNCIL TO EXPEDITE REVIEW AND APPROVAL
OF SUBDIVISION APPLICATIONS WHEN APPROPRIATE UNDER THE CIRCUMSTANCES BY GRANTING,
AS THE CASE MAY BE, EXEMPTIONS FROM THE DEFINITION OF SUBDIVISION OR EXCEPTIONS
FROM SUBDIVISION REQUIREMENTS WITHOUT THE NEXESSITY OF OBTAINING THE PRIOR
RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION was read by the city cler
Councilman Parry moved to adopt Ordinance #16, Series of 1983, on first reading; seconded
by Councilwoman Michael. Roll call vote; Councilmembers Michael, aye; Collins, ay;e
Knecht, aye; Parry, aye; Mayor Edel, aye. Motion carried.
Councilman Parry moved to read Ordinance #17, Series of 1983; seconded by Councilman
Collins. All in favor, motion carried.
ORDINANCE #17
(Series of 1983)
AN ORDINANCE AMENDING SUBSECTION (c) OF SECTION 24-3.3 OF THE MUNICIPAL CODE
OF THE CITY OF ASPEN, PERTAINING TO GRANTS OF CONDITIONAL USE, SO AS TO REQUIRE
THAT ONLY PROPOSED MODIFICATIONS, STRUCTURAL ENLOAREMENTS OR EXPANSIONS WHICH
ARE SUBSTANTIAL NEED OBTAIN THE APPROVAL OF THE PLANNING AND ZONING COMMISSION
AND REQUIRING THAT ALL SUCH PROPOSED MODIFICATIONS, STRUCTURAL ENLARGEMENTS AND
EXPANSIONS OF CONDITIONAL USES BE SUBMITTED TO THE PLANNING DIRECTOR FOR A
WRITTEN DETERMINATION OF SUBSTANTIALITY; AMENDING SUBSECTION (c) OF SECTION
24-4.1, PERTAINING TO OFF STREET PARKING, SO AS TO DELETE THE NECESSITY OF A
RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION IN CASES WHERE THE CITY
COUNCIL DETERMINES THE PARKING REQUIREMENTS FOR LOW, MODERATE AND MIDDLE INCOME
HOUSING UNITS BY SPECIAL REVIEW was read by the city clerk
Councilman Parry moved to adopt Ordinance #17, Series of 1983, on first reading; seconded
by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Michael,
aye; Parry, aye; Mayor Edel, aye. Motion carried.
ORDINANCE #18, SERIES OF 1983 - Rezoning the Castle Creek Water Plant to Pub-Public
Councilman Parry moved to read Ordinance #18, Series of 1983; seconded by Councilman
Collins. All in favor, motion carried.
ORDINANCE #18
(Series of 1983)
AN ORDINANCE AMENDING SECTION 24-2.2 OF THE MUNICIPAL CODE (ZONING DISTRICT
MAP).. BY REZONING THE CASTLE CREEK WATER TREATMENT PLAT PARCEL FROM R-15/SPA
TO PUB-PUBLIC AND ACCEPTING A PLAN SETTING THE AREA AND BULK REQUIREMENTS
FOR THE PARCEL was read by the city clerk
Councilman Parry moved to adopt Ordinance ~18, Series of 1983, on first reading; seconded
by Councilman Knecht.
Regular Meeting Aspen ~ty ~ouncl± ~pr~l ii, ~
Councilman Collins asked why this was zoned R-15/SPA. Alan Richman said this was part of
the Castle Ridge and it was impossible to anticipate what the development would be. R-15
was the county zoning and it was carried with the annexation. Assistant City Attorney
Gary Esary pointed out one of the conditions from the P & Z that the fence line be shown
on the final plat has already been complied with. The other request is the grading and
landscaping plans be submitted before issuance of a building permit rather than final
Council approval. Council accepted those amendments.
Roll call vote; Councilmembers Collins, aye; Knecht, aye; Michael, aye; Parry, aye; Mayor
Edel, aye. Mo~ion carried.
PROPOSED ALTERNATIVE WEED CONTROL
Lisa Scott and George Lilly presented three proposals. A deals with killing thistle and
hemlock around the Iselin park area. The Moore pool area is a top priority with thistle
around the pool, they are suggesting an eliminatiOn and revegetation program. This is to
cut the thistles three times during the growing season and replant with native grasses.
Jim Holland, parks director, said one of the areas in this proposal was just received by
the city and he is planning a ballfield. Holland said there is no sense in putting money
into an area that will be torn up. Holland said if the ballfield is not approved at this
site, then something should be done about the thistles.
Lisa Scott said proposal B is regarding dandelion contrOl in city parks. The parks.depart,
ment has been spraying 2-4-D to control danelions, and there are a lot of hazards associa-
ted with 2-4-D. When the proposal was written, the only alternative known was mechanically
pulling She dandelions up. This should be along with a revegetaion program to compete
with the dandelions. They would use an organic fetilizer to maximumize soils health.
There is a synthetic stimulation they have just found out about, which makes the plant
actually grow itself to death. They would like to investigate this. Ms. Scott said 2-4-Dii
is extremely hazardous and parks are where people lie on the ground and come in close
contact with 2-4-D.
Holland agreed there is no question as to the danger of using chemicals. Holland told
Council the city runs a very minimal herbicide program in the parks. Holland said in his
opinion there is no viable alternative to herbicide use. Holland said hand digging the
dandelions, if it could be afforded is not an alternative. Holland said people are not
ready to accept parks with dandelions in them. Holland said his department is only
reacting to complaints from people about dandelions in the parks. Holland said this hand
digging would cost $12,000 if he could find someone to do the job. Holland said he cannot
support this, programs are turned down that cost less than this.
Ms. Scott said if the city continues with the spraying program, that warning signs be
posted about the spraying. Ms. Scott also suggested if the city wishes to continue spraying
that it be discontinued at Paepcke, Herron and Triangle parks. Mayor Edel suggested taking
one park and not use any chemical for this one year and compare it to other parks. Council-
man Parry suggested also taking Herron park and not using chemicals because they are
away from the main travels. Holland said that was fine. Mayor Edel said to keep track
of any complaints about these parks.
George Lilly asked about posting the warninglsigns that parks have had chemicals applied.
Holland is suggesting the signs be posted for three or four days. Ms. Scott said they
should be posted for the whole summer because of the residue. Holland agreed to post
the signs for a week; Council agreed. Holland said he felt the signs were ugly but he
would do it~.as it is a reasonable request.
Ms. Scott told Council proposal C addresses the Thomas property on Highway 82 and Castle
Creek road, there are a lot of thistles. To enhance the control measures at the golf
course and along the bike trails, they propose an elimination and revegetation program.
Mayor Edel asked how effective this program would be. Holland said he is totally behind
the program on the thistles. Holland feels the thistles can be had removed and reseeded
at Iselin~? and Moore and Thomas properties. Council agreed to this approach. Mayor Edel
told Staff to find the money. Mayor Edel suggates a report for next year to see how
effective the program is.
SUBDIVISION EXCEPTION - Owen
Colette Penne, planning office, told Council this went through stream margin review at
P & Z; they looked at the positioning of the house abive Herron park. This is a good
design, and the applicant was willing to grant an easement to the city for the potential
widening of Mill street. In order to get all this on the plat, it has to come to Council.
Councilwoman Michael moved to grant subdivision exception for the purpose of amending the
Owen subdivision plat, to reflect the conditions of the prior stream margin review by the
planning and zoning commission subject to (1) approval of the final plat form by the city
engineering department prior to recordation, and (2) approval of the plat language by the
city attorney's office prior to recordation; seconded by Councilman Parry. All in favor,
motion carried.
ASPEN INSTITUTE CONTRIBUTION
Mayor Edel said he had gotten a response from Joe Slater of the Aspen Institute. When
Council first approve the $5,000 contribution a year for the next ten years, the Institute
said they would use the money solely for projects in Aspen. Mayor Edel asked Council if
he felt the letter was sufficient. Council agreed
Councilman Knecht moved to authorize Mayor Edel to sign the letter from the Aspen Institute
seconded by Councilman Parry.
Councilman Collins said he would like more specific information on what the Institute does
with the money. Council agreed with would li~e a specific report.
All in favor, motion carried.
Regular Meeting Aspen City Council April 11, 1983
CIRSA REPORT
Duane Fengel, transportation director, introduced Debbie Thorpe and reminded Council last
year the city elected to join CIRSA. This is the first full report. Councilman Knecht
said in reading the report it seems that Aspen had a higher accident rate. Fengel said
Aspen was the only participant with a~transportation system. Debbie Thorpe told Council
Aspen was number one in severity of claims. Three of the claims, the Kona Post suit<,
a slip and fall, and the Wheeler Opera house made the city's severity high. On frequency
Aspen was ranked number three, with transportation having 47 per cent of the claims.
Another area that should be seriously looked into is the towing of vehicles. Ms. Thorpe
said she felt these were controllable through training and proper use of equiPment.
Ms. Thorpe told Council it is important to institute an accident investigation program to
get information on what causes claims. Mayor Edel agreed the city should start a program
to cut down on frequency. Ms. Thorpe told Council CIRSA has put together a safety manual
which they would like each city to institute. The requirements are very standard and not
objectionable. Mayor Edel suggested Ms. Thorpe meet with City Manager Chapman and follow
through to get this instituted.
ORDINANCE ~5, SERIES OF 1983 Rezoning Hotel Jerome
Mayor Edel stated he has been a big fan of this project for a long time, and thought this~
item had been approved long ago. Mayor Edel has affiliated with an advertising agency and
has made a pitch to John Gilmore. Mayor Edel said he did not feel it proper that he vote
on this issue. Councilman Collins said he has talked to the architect and John Gilmore
about the possibility of engineering on this project. Council decided this is not a conflict.
Assistant City Attorney Gary Esary pointed out the first significant item, which is
employee housing. The owner has an obligations to provide 19 bedrooms, 15 of these will
be deed restricted to the city guidelines for price and occupancy, size location and
configuration. However, with respect to the four units on site, John Gilmore does not
feel for the units on site, that he can have that level of intrusion, guideline approval
and occupancy qualification in his on-site units. Councilman Parry said he wants this
project to work and does not feel the city should go into the hotel and pick the size of
the rooms. City Attorney Taddune agreed that the guidelines do not work well in this
situation.
Alan Richman, planning office, said the 15 units come from a formula based on the size of
the new lodge and how many employees it would generate. The four units are on-site now
and it is the number that will be planned. Richman said he felt it was appropriate for
Gilmore to work out the units so long as employees of the lodge are housed in the units.
Gilmore said no one can run a hotel with deed restricted, city governed units in the complex.
Gilmore said he would covenant that these four units will be hotel employees. Esary said
he would require minimum square footage and that the units will be used solely by the
employees of the hotel.
Esary said the next point is the off-street parking issue. Esary told Council there has
been some language added by the city's bond counsel to make sure the city has the flexi-
bility to issue funding for the parking structure in the future. During the occupancy of
the hotel and the occupancy of the parking garage, the city will provide 45 parking space
at the golf course and 15 spaces at the Rio Grande. The applicant has requested a provisi°n
that if the applicant loses any spaces at the Rio Grande, the city make up for these
spaces at the golf course, up to 60 parking spaces.
Esary pointed out there are provisions for the owner providing liability insurance. There
is an indemity from the owner holding the city harmless against the operation of the parking.
City Manager Chapman said the city has assigned a rental value to the 60 parking spaces on
an annual basis, based on current parking rents in the city of Aspen with the golf course
spaces worth half of that. This is important if the city fails to start a parking garage
in the nsxt two years. Esary said if the city builds a parking garage, Gilmore's contri-
bution to the garage, the interim parking spaces is in the neighborhood of $600,000. This
includes a continuing obligation to help operate and maintain the garage. For that amount,
Gilmore gets interim parking and 60 spaces in the garage.
Esary said if the city does not build a parking garage, the city has valued the interim
parking at $2800 per month and Gilmore pays that $2800 per month. Chapman said if the
city fails to build a parking garage in two years, Gilmore has the right to submit an
alternative plan o~ negotiate a long term lease with the city for the interim parking
spaces.
Esary said Gilmore will pay for the parking with $100,000 down and a promissory note for
the balance. Gilmore will secure the promissory note with a transportation charge of $5
per room per night. The note will be payable over. the te~m of the bond, with an interest
rate the same as the bond. Everything will be keyed into the bond to match the city's
debt service. Chapman said the tax increment bond will not be done until the city decides
to build the entire parking garage.
Esary said the obligation of the application to help operate and maintain the parking
garage is secured by the transportation revenues. Esary said there is language in the
agreement to make sure the city has maximum flexibility in financing the parking garage.
The city's findings are incorporated into the agreement.
John Gilmore asked if the PUD runs with the property, and the answer is yes. However, it
says if he does not meet the construction schedule in the PUD, he has to go back through
P & Z and the Council. Gilmore said he would like to have more flexibility in the
construction schedule because if he doesn't start this June, the agreement is no good.
3464
Regular Meeting Aspen City Council April 11, 1983
Richman said the engineering department will need much more detailed dates which will
emerge when the construction starts. Gilmore said he would like to construction start
date to be August 1985.and completion date of December 1986. Chapman said he is afraid
this might get out of synchronization with the building of the parking garage and the
city has no security. Councilmembers Collins, Parry and Knecht said they agreed to the
dates of August 1985 and December 1986.
Mayor Pro Tem Michael opened the public hearing. There were no comments. Mayor Pro Tem
Michael closed the public hearing.
Councilman Knecht moved to adopt Ordinance #5, Series of 1983, on second reading; seconded
by Councilman Parry. Roll Call vote; Councilmembers Collins, aye; Knecht, aye; Parry, aye;
Mayor Pro Tem Michael, aye. Motion carried.
Councilman Parry moved to grant final plat and GMP exemption approval for the hotel Jerome
renovation and addition subject to the applicant's recording of a final plat and subdivision
agreement containing language to be approved as to form by the city attorney;~seconded by
Councilman Knecht. All in favor,, motion carried.
ORDINANCE ~13, SERIES OF 1983 - Repealing Ordinance #42, 1975, Campaign Expenditures
Councilman Knecht moved to adopt Ordinance #13, Series of 1983, on second reading as
amended; seconded by Councilman Collins.
City Attorney Taddune added a cite to the ordinance for~the record, which is 102 Supreme
Court 434-1981 case. Taddune said the city can restrict the amount of money a person
gives to a candidate, but you cannot restrict the amount of money a candidate spends.
Mayor Edel agreed there should be a limit on individual Contributions of $500. Councilwoman
Michael said there should be limits s~mewhere. Council agreed.
Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the
public hearing. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Collins, aye;
Michael, aye; MaNor Edel, aye. Motion carried.
ORDINANCE #14, SERIES OF 1983 - Purchase of Lakeview addition lots
Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the
public hearing.
Councilman Knecht moved to adopt Ordinance #14, Series of 1983, on second reading; seconded
by Councilman Collins. Roll call vote; Councilmembers Knecht, aye; Michael, aye; Collins,
aye; Parry, aye; Mayor Edel, aye. Motion carried.
USE OF TROLLEY CAR
Dick Jackson told Council he would like the use of the trolley car in Rubey Park to
continue what he was doing this winter. Jackson said he felt the trolley could be used
to provide information on back country activities in the summer time. RoCky Mountain
Climbing School does not make a lot of money, and he would like to trade off services
that are good~for the community in exchange for rent for the summer. Mayor Edel said if
there are other requests for whatever reasons, the city would have to offer them that
opportunity. Council said this was ~onceptually fine, and have City Manager Chapman make
sure there are no other major challenges for the use of the trolley.
COuneilwoman Michael moved to adjourn at 9:05 p.m.; seconded by Councilman Parry. All
~-~vor, motion carried.
Kathryn S.~och, City Clerk