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HomeMy WebLinkAboutminutes.council.19830822Regular Meeting Aspen City Council August 22, 1983 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Collins~ Knecht Blomquist and Walls present. CITIZEN PARTICIPATION 1. Pat Fallin, president League of Women Voters, presented Council a letter about the LWV holding a month long membership drive. September 6th is the day they will launch the membership drive in Aspen. Ms. Fallin requested the Council proclaim September 6, 1983, League of Women Voters day in Aspen. Councilman Knecht moved to add this to the agenda; seconded by Councilman Collins. Ail in favor, motion carried. 2. Laird Walton told Council he is getting married September 10, 1983, in Aspen and requested that Resolution #24, be added to the consent agenda. This is appointing Richard Jerome Municipal Judge for a day to perform the ceremony. Councilman Knecht moved to add Resolution ~24, Series of 1983, as item 4 to the consent agenda; seconded by Councilwoman Walls. All in favor, motion carried. 3. Steve Hall and Jim Jackson, representing the Aspen triathalon were present. Hall told Council this is a one mile swim, 40 mile bike race and 10 mile race over Aspen mountain. Hall said last year this event used the Moore pool for the swimming portion. The pool closes September 6th and the triathalon is scheduled for September 24. Hall said they would like to work out an arrangement to use the pool and to keep it heated for this event. Ron Mitchell told Council there will be an expenditure of money for maintenance, utilities and personnel. Jim Jackson told Council they had gone to the recreation department and explained what they would like. Jackson said as a result of a successful first year, they have more applicants from around the country. Finance Director Sheree said the recreation budget assumes a certain closure date. The utilities to keep the pool heated are a big factor. Councilman Knecht suggested using the Aspen Club. Steve Hall said they are trying to keep the activites off highway 82, and the Moore pool works out perfectly. Councilman Knecht moved that this is good PR and it is September 24, and suggested leaving the pool open through September 24th, and double check before the end of the meeting with Ted Armstrong to find out if he can fund this out of his budget; seconded by Councilman Collins. All in favor, motion carried. 4. Bill Martin said he did not think the Council would have voted to close the Mill street bridge, if they had been faced with that decision. Martin said the people with commercial businesses are hurting from the effect of the Mill street bridge closing. Martin asked if the Council would consider placing at Mill2and Main a sign like the Visual Arts Center sign saying shoping area to tell people there is a Shopping area at the bottom of Mill street. Councilman Blomquist said he felt it is too late as the visitors are gone. Everyone else knows there a shopping center there. Mayor Stirling asked what the procedure was for a particular commercial sector to be signed. Jay Hammond, engineering department, said the Visual Arts Center sign was approved by the state highway department. After that, the community center asked for a sign, too. The department of highways said they did not want this to turn into a bill board, and they would take down the Visual Arts Center sign, too. To date, the highway department has refused all other requests. 5. Gary Esary, assistant city attorney, asked Council to add to the agenda the take over and completion agreement for the 1982 water project. Councilman Knecht moved to add this to the agenda; seconded by Councilwoman Walls. All in favor, motion carried. aspen ~lty ~ouncli augus~ City Attorney Paul Taddune asked that the Council add the Wheeler Opera House lease for the commercial space for the restaurant. Taddune said the city needs to get the tenant into the building as quickly as possible so that the city can begin receiving rental income. Councilman Collins moved to add the Wheeler Opera House lease to the agenda; seconded by Councilman Knecht. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Blomquist suggested the Council hold a retreat with the City Manager to discuss the future agenda for the city. Councilman Collins said he would support nhat and asked that it be held before the next regular Council meeting. Mayor Stirling said he feels any meeting Council has should be in the Council Chambers and it should be during work hours and should be totally accessible to the public. Mayor Stirling said he felt the Council was accomplishing the agenda through work session held twice weekly. Mayor Stirling said a retreat would non be in the best interest of the public. Mayor Stirling said he felt there is a tendency in closed quarters that compromzses occur. Councilman Blomquist said he would like an entire day work session to work on the agenda for the city for the next year or two. Councilman Blomquist said he had no objection to the public being at the meeting but thought it would be best to have a quiet atmosphere with a lot of discussion between staff and Council. The preuzous Council had a retreat and discussed the legislative agenda, which helped the Council become more effective. Councilman Blomquist said rather than a work session, he was leaning more towards a thought process seminar. Councilman Blomquist said every government has to have a philosophy with general purposes and policies. Councilman Knecht said he fully agreeds with the idea. Councilman Knecht said he has no problem with other people being at the meeting. Councilman Knecht said he felt the last Council accomplished a lot~because of their retreat. Councilman Knecht said he felt it is important that the Council have this meeting right away. Councilman Collins said he agreed with Councilmembers Blomquist and Knecht. Councilman Collins said he has participated in two retreats and has found them worthwhile. Councilman Collins said there were no decisions made; there were no compromises. The retreats gave Council an opportunity to talk about general philosophy. Councilman Collins said the two retreats held in the last four years were very productive. Councilwoman Walls said this is non a big priority on her list, but she would go along with it. Mayor Stirling said he felt in the recent elections there was a statement of total open door policy. Mayor Stirling said there is a perception these kinds of sessions are not held before the public. Councilman Blomquist mived that the Council hold a retreat some place within Pitkin County far enough away from city hall not to get phone calls no extend from 3 p.m. until 12 noon the next day with a continuous discussion with no set agenda with the Council and at a minimum City Manager discussing the future of the city; seconded byCouncilman Knecht. All in favor, with the exception of Mayor Stirling. Motion carried. Mayor Stirling requested that the public be notified of the time and place. Council agreed. 2. Mayor Stirling said the transportation consolidation has run into a snage and there will be a meeting with the county Commissioners tomorrow at noon about how to go forward with the plan. 3. Mayor Stirling said Saturday, August 20, 1983, the M.A.A. did a free day concert to thank the citizens of Aspen. Mayor Stirling said the Council had given the M.A.A. a prcolamation and there was a lot of good music. 4. Mayor Stirling told Council he has had some compliments this week on the condition of the streets in Aspen. Some people who have returned to Aspen after many years told hime they have never seen the city looking better. LEAGUE OF WOMEN VOTER DAY Councilman Blomquist moved to have League of Women Voter Day ins Aspen on September 6th; seconded by Councilman Collins. Councilwoman Walls invited the Councilmembers who do not belong to the LWV no loin. All in favor, motion carried. ORDINANCE 925, SERIES OF 1983 - Amending Ordinance ~16, Series of 1970 Open Space Funds Mayor Stirling said he felt there is a strong feeling in this community for the need for open space and t~ protect the monies for purchasing open space. Finance Director Sheree Sonfield had presented a memorandum with different alternatives for this proposal. Ms. Sonfield said the purpose of the initiative is to put a cap on the maintenance expenditures out of the land fund to maintain the existing parks. Ms. Sonfield told Council the proposed ordinance is trying to accomplish something that the city is already doing as evidenced by past expenditures. There has been an informal 25 per cent maintenance cap in the fund over the past three years; the city has been at between 18 and 15 per cent. Councilman Blomquist said the purpose of the ordinance has nothing to do with maintenance funds; the purpose of the proposed initiative is no preserve 75 per cent of the sixths. penny monies for open space and capital improvements. Councilman Blomquist said that maintenance is not an issue, what is an issue is that monies from the sixth penny are being syphoned off for other purposes, such as the Wheeler. The ordinance was set up so that monies could be spent for roads, sewer and other projects. Councilman Blomquist said the petitioners wanted a guarantee that 75 per cent of the monzes would go to open space and not to other things. ~.~ ..... . ....... ~ aspen ~lty ~ouncl£ August 22, 1983 Councilman Blomquist said Council has been presented an ordinance with two alternatives, ~ the shorter one reflects what the petitioners had in mind. Sheree Sonfield said there are existing obligations of the city, which have been approved by the voters placing obliga- tions on the land fund. These will continue to be expended. The city requires obligations and maintenance on the existing lands. Mayor stirting opened the public hearing. Francis Whitaker, speaking for the coraraittee to preserve open space funds, told Council the committee has gone over various draft ordinances with the staff. The cor~mittee does not understand the in-kind adjustments and rents. This ends up reducing the amount of the sixth penny. Whitaker pointed out there are a lot of specific figures applying to the 25 per cent share of the sixth penny. There are no figures given on the effect of the remaining 75 per cent and how much it will be. Whitaker said the committee feels they are making a major compromise in agreeing that the Wheeler fund come off the top of the open funds. The Wheeler bonds are not for open space, and they feel this is a compromise. Whitaker said the total land fund is $1,720,000 and if in-kind rent of $80,000 and $30,000 for food tax and $250,000 for the Wheeler there is $1,300,000. The committee agrees to take those major expenditures off the top and then splitting the land fund 75/25. Whitaker said the committee is concerned about the phrase of any future expenditures approved by the electorate. The land fund is in a mess now because the city asked to uoters to approve a $2,500,000 bond issue for the Wheeler. Whitaker said the committee does not want to see a loophole where another Council would go to the voters to fund something like a performing arts center out of the land fund. Whitaker said any decision made now will have a long range effect on the land fund. Whitaker suggested a decision not be made until all the questions are answered. Whitaker presented a letter from the PCPA supporting their position. Carolyn Doty said they feel if alternative a is passed, that the committee has not won anything. Their goal is to preserve 75 per cent of the land fund for open space. The committee does want the prior debts paid off the top. Bil Dunaway said h~ feels the public should be assured that parks maintenance will be funded. Ron Mitchell said depending on the alternative, there will also be an impact on the general fund,twhich~is in bad,shape. Ms. Sonfield said if you take the Wheeler, the open space date, the $100,000 to sell the plum Tree, the food tax rebates, this is spending more than 75 per cent of each year's revenue. Whitaker said this decision should not be made until all information has been obtained, and this point has not been reach yet. Carolyn Doty said what the committee is trying to do is get the fund to do what it is supposed to do. Mayor Stirling closed thei~pUblic hearing. Councilman Knecht moved to table Ordinance 925, Series of 1983, until S~ptember 12, 1983; seconded by Councilman Collins. All in favor,~_~motion carried. Mayor Stirling pointed out the public hearing should probably not be closed but be continued until that date. Councilman Knecht accepted that amendment; seconded by Councilman Collins. All in favor, motion carried. Mayor Stirling asked the staff to follow up on this with the committee. Councilman Blom- quist requested a spread sheet on alternatives A and B so that everyone can know exactly what these two mean in terms of money. ORDINANCE ~41, SERIES OF 1983 - Shapery Purchase City Attorney Taddune told Council he has been working with Shapery's attorney and with Jim Trueman. There are one or two questions outstanding. Taddune suggested Council continue this for final approval until August 24, 1983, at a continued meeting. Councilman Collins moved to continue the public hearing to Wednesday,.~August 24, 1983, at noon; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCES #43 and #46, SERIES OF 1983 - Smuggler Improvement District Joe Barrows, Kirchner/Moore, passed out copies of these ordinances which will allow the city to do the Smuggler improvements as Councilman Blomquist suggested. This puts the cost of those improvements into the bond issue and to pay the improvements off over the length of the bond. The obligation is 10 years with equal principle payments each year. Mayor Stifling said he had talked to the Smuggler people and they have a suggestion for the east side of the park which may reduce what they do there. Joe Barrows told Council they can review these ordinances before second reading, and if they questions or changes can call him. Barrows said the Charter provides the city can pay up to 4 mills in terms of guaranteeing payment of these bonds. In the ordinance, $75,000 has been drafted as the maximum guarantee or 4 mills whichever is lower. Councilman Blomquist moved to read Ordinance ~43, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE 943 (Series of 1983) AN ORDINANCE PROVIDNG FOR THE MAILING OF A NOTICE OF PUBLIC HEARING ON THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT AND ASSESSMENT OF THE COSTS OF CONSTRUCTING OR INSTALLING IMPROVEMENTS AGAINST BENEFITED PROPERTIES THEREIN; DECLARING AN EMERGENCY THEREFOR; AND PROVIDING THE EFFECTIVE DATE HEREOF was read by the city clerk Regular Meeting Aspen City councz± ~ugu~u ~, ~oo Councilman Knecht moved to adopt Ordinance 943, Series of 1983, on first reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Knecht, aye; Mayor Stirling, aye. Motion carried. ~ Councilman Blomquist moved to read Ordinance 946, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE 946 (Series of 1983) AN ORDINANCE FORMING A DISTRICT AND AUTHORIZING THE CONSTRUCTION OF LOCAL IMPROVEMENTS IN ASPEN MOUNTAIN PARK; PROVIDING FOR THE METHOD OF THE ~ COLLECTION OF A SPECIAL ASSESSMENT TO BE LEVIED UPON COMPLETION OF SUCH IMPROVEMENTS TO DEFRAY THE COSTS THEREOF; APPROVING PLANS AND SPECIFICATIONS RELATING TO THE IMPROVEMENTS: PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESS- MENT LOCAL IMPROVEMENT BONDS; PRESCRIBING DETAILS IN CONNECTION WITH SUCH ASSESSMENT, BONDS AND DISTRICT, INCLUDING THE MANNER OF ADDTIONALLY SECURING AND EFFECTING THE PAYMENT OF SUCH BONDS; PRESCRIBING DUTIES OF CERTAIN PUBLIC OFFICIALS IN CONNECTION WITH SUCH ASSESSMENT, BONDS AND DISTRICT; APPOINTING A PAYING AGENDA AND BOND REGISTRAR; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH; PROVIDING OTHER MATTERS RELATING THERETO; AND PROVIDING THE EFFECTIVE DATE HEREOF was read by the city clerk CoUncilman Knecht moved to adopt Ordinance 946, Series of 1983, on first reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Walls, aye; Blomquist, aye; Mayor Stirling; aye. Motion carried. ~ PROSPECTOR LODGE - Time Share Request Alice Davis, planning office, told Council the Prospector is 19 units which have been newly renovated, and they are requesting approval to take each of the 19 units and divide!i them into 15 three-week time share packages. Council has memoranda, recommendations with: the P & Z and has had a work session with the applicant. The list of conditions lock in things required by the ordinance, and things the applicant has proposed to do. Ms. Davis told Council the first condition is proVide a current ownership commitment, which they have done. Number two is technical engineering concerns that will be met on the plat. Number three is the landscaping plan discussed at the work session and approved by the parks and engineering departments. Number four, the applicant must provide sixteen on-site underground parking places, which they have agreed to. Number five, is verifica- tion the applicant must provide the amenities they have agreed to. These are fairly sub- stantial. Ms. Davis told Council she has amended the sixth condition that occupancy by owners is limited to thirty days between December 18th and March 20th rather than the '~winter season". The reason for this amendment is that is what the Code states. Condition number seven clarifies the applicant cannot be involved in a marketing practice that has been prohibitied by the Code. Number eight summarizes the packages agreed upon. What the three week packages are, are a best week, second best week and third best week rather than calling them peak winter, peak summer and off-season weeks. Gideon Kaufman, representing the applicant told Council this would allow a music buff two weeks in the summer and a ski person two weeks during ski season. Ms. Davis pointed out this allows more flexibility. Condition number nine clarifies that there is no right to use leasehold and other prohib- ited type of time share units. Number ten verifies the marketing entity they designated as being the marketing entity. Condition nllmber 11 is subsidies for transportation and lodging to be allowed for parties interested in visiting the project. Ms. Davis told Council when the planning office originally discussed the time sharing ordinance, the giving of gifts was discussed at length. The ordinance was amended to say that giving of gifts in a deceptive manner was not allowed. Ms. Davis said the previous Council decided that it was not a giving of gifts in a deceptive manner to allow a marketing entity to provide subsidized transportation and lodging. However, the time share ordinance does allow Council to make that determination. COuncilman Blomquist said he feels this is deceptive and is wrong. Councilman Blomquist said he feels a person who has received a free trip to Aspen feels under some obligation to buy. Councilman Blomquist said he feels this practice cheapens this resort and is a flims~ way to sell. Councilman Blomquist said time share units are sold for three times their real cost. Councilman Blomquist said information from individuals in the business is that 30 to 45 per cent of total costs goes to marketing effort. Councilman Collins said he agrees. Councilman Collins said this is a device that is difficult to accept in terms of the promotional aspects of this kind of venture. Councilman Collins said he is not comfortable with this type of inticement. Kaufman told Council the previous Council change the language and made the determination that this mechanism of subsidizing is not a giving of a gift. This is helping someone come to Aspen during the off-season. The words giving of gifts in a deceptive manner was aimed at other situations where people are promised a camera of a gift that's worth $100, and when they get to Aspen, there is no gift. Kaufman pointed out that the McCullough situation, Which Councilman Blomquist has alluded to, is a very different one. McCullough got a plane, got people onto the plane, took them to property in the middle of nowhere, showed them the property, and did not let them leave until they signed a contract. Kaufman said the applicant's marketing plan has protected against this very specifically. They will advertise the Prospector, and if a person responds to the ad~. he will be sent further documentation. The person will then express a second interest, and may be sent a subsidy to visit Aspen. The person can chose whichever airline he wants. The ordinance give a ten-day right is rescission, so that once a person is home, he has ten-days to change his mind. ~u~ m~ng Aspen Clty Council August 22, 1983 Kaufman told Council that the planning office has the ability to review the marketing plan after six months. Kaufman said the applicant has to have a bond of $100,000 to protect that they will do what they said they are going to do. Kaufman said these subsidies will take place during the off-season and will provide the town with the opportunity of people coming to Aspen during the off season. Kaufman urged Council to adopt this plan as it is a key element to the ability to time share this project. Ms. Davis said the planning office would evaluate the number of trips, the results, how many people signed as a result of the trip, whether people rescinded after the trip in the ten day period, whether there has been public or owner dissatisfaction. Councilman Blomquist asked who pays for the review. Ms. Davis said it would not be charged to anyone. Councilman Blomquist raised the question of whether the planning office is qualified to review a real estate process. Mayor. Stirting said he felt the review of the marketing plan should be sooner than six months, maybe three months. Mayor Stirling said the whole project could be sold out in six months. Kaufman said the applicant would be willing to pay a reasonable fee for this review so there will be nc additional cost to the city. Councilman Blomquist said the person paying for the review of their free trips is questionable. Mayor Stirling asked what price the packages are going to be offered for. The applicant, Terry , told Council they average $28,000. Mayor Stirling asked what the gross total sell out would be. Terry said there are 285 units with about a $8,000,000 gross. Mayor Stirling asked if there was another economic way to sell the Prospector, other than time sharing. Terry told Council the debt service is $4,500,000. The project cannot be run as a lodge; he has determined it cannot be sold as condominiums because of the debt service. Terry told Council he has been doing inspection trips in Winter Park with no problems. The reason for the inspection trips is to bring people to Aspen to show them what the Prospector has to offer. If it is a good enough deal, people will buy it, if not they won't. Terry told Council the actual marketing costs will be around 20 per cent. Ms. Davis told Council she had contacted the planner in Winter Park and about Terry's project, and he was very complimentary. The planner told Ms. Davis that Winter Park is redoing their time share ordinance and governing their restrictions by the way Terry's project there operates. Ms. Davis continued through the list of conditions. Number 12 establishes the baking account proposed. Number 13 is a requirement of the Code the applicant has agreed to meet regarding certificate of occupancy. Number 14, the applicant has agreed to put in the two month deposit for the assessment fees and any necessary downpayment into an escrowed account until the c/os are issued. Number 15 is that no C~osing be allowed until 8 of the 15 packages of each unit are sold. Mayor Stirling pointed out this means there is no requirement for the overall project to have a certain percentage of sell out, it is the individual units. Ms. Davis said number 16 clarifies when the assessment fees have to start being paid. Number 17 regards the reserve fund which is escrowed and the money can only be used for maintenance. There is a change in this condition allowing the Board of Managers to adjust the fees. It is also added the fees cannot be adjusted until $50,000 has been accrued in the account. Ms. Davis told Council number 18 is that units are limited to six occupants at one time.. Mayor Stirling asked how large the units are. Ms. Davis said they are 756 square feet. Kaufman told Council under the building code, these units can hold eight people, they are reducing it to six people. The code dictates by square footage the occupancy levels. Condition number 19~is that the attorney's office review the 50 year deed restriction for the employee units; 20 verifies that the owners are required to own the common areas and common amenities. Number 21 the Board of Managers must designate a local managing agent. Number 22 one deed must be conveyed for each three week time share package so, that the weeks are never sold individually. Number 23 clarifies the~.references should be to time share interests rather than units. Ms. Davis told Council condition number 24 is that all financing for the Prospector must be subject to the restrictions placed on the project. Number 25 is a condition from the building department. The Prospector got a variance from the Board_of Appeals to be exempt from the handicap access requirement, and P & Z concurred. Both Boards said they would like Council to go along with that recommendation. Mayor Stifling asked why the Council should waive this requirement. Kaufman said the builder sought and received a variance. The process then fell apart with the bankruptcy. This applicant is taking this condition of the building department, bringing it to Council, and trying to clean up the whole process. Kaufman told Council the Board of Appeals said this did not have to be built, and it was not built. The building was built without handicap access. Kaufman said it would be very difficult to go back and put in handicap access. City Attorney Taddune told Council the Prospector had quite a few building problems in the course of construction. There was a tremendous effort to bring the building into compliance. There were some concessions on the part of the subsequent operator to bring the building into compliance. Councilwoman Walls asked how this project got a building permit in the first place. Taddune said there was a monitoring process going on; the process was somewhat designed in the course of construction. Taddune said the city was having a lot of problems with the Cantrup projects. This building was red tagged. The removal of the spruce trees has resurfaced. There have been problems and the city is trying to bring the whole project into compliance. Councilwoman Walls asked if there was a handicap access in the plans. ~Kaufman explained he client was not involved in the rebuilding of the Prospector. They have come into this situation, the lodge has been sitting there vacant for a year. Kaufman's clinet wants to do something with the lodge. They have uncovered all these problems and have agreed to try to fix what they could, the trees, the landscaping, the parking. Kaufman told Council his client has inherited all these problems and has tried to work with the city to work them out. Councilman Blomquist said he felt the city would be setting a precedent with this for all the rest of the Cantrup projects. The requests to Council will always be to get bailed out of the problems. Kaufman pointed out that his client has done everything that was promised. They could not physically put the trees back in, but they did a land- scaping plan. They have tried in every aspect of promises that were made to fulfill them. The Board of Appeals granted a variance, and Kaufman is asking Council to go along with the recommendation as P & Z did. Regular Meeting Aspen ~%y uounc~l ~ugu~u ~, Councilwoman Walls questioned if it is the Council's job to go along and bail out bankers who should have known what they were doing when they spent $4,500,000 on this building. Taddune told Council there have been two principles guiding the city in dealings with Mr. Cantrup. One has been compliance with all city rules and regulations and policies. The second has been performance of all representations. The city has been fairly diligentl in monitoring the processes. Kaufman told Council there is language in the state statutesii that says Council specifically have the ability to modify the standards if it is impractical or creates a hardship. Kaufman said this is not a precedent setting thing. Ms. Davis told Council condition number 27 verifies the Prospector has to PaY city sales tax and real estate transfer tax. Councilman Blomquist asked if sales tax would be paid on occupancy by an owner. Kaufman said the statute reads sales tax is paid only is some- one rents the units. Councilman Blomquist said he felt the city should be collecting sales tax on all temporary or short term occupancy. Mayor Stirling said this was debated during!i the time share ordinance formulation, and it was deemed by counsel that it was illegal the city to levy that sales tax. Councilman Blomquist suggested having something like the Snowmass Resort tax, an extra fee. Ms. Davis said condition number 27 is that the attorneys office and planning office review!i all the related documents. Number 28 is updating or amending the approved documents must be reviewed through the city. In number 29 is a clarification about required assessment fees. Number 30 is the clarification of unit time share interests and time share units. Ms. Davis said the distinction is there are 19 units and 285 interests, which is a three week time share package. Number 31 requires a 30 per cent of the qualified voters to be present to have a quorum. Number 32 is that the owner cannot lease the common elements In condition number 33, to insure compliance with the proposed marketing program, the applicant has agreed to post with the city either $20,000 cash; $20,000 irrevocable letter! of credit or $100,000 surety bond. Number 34 states that full information on the exchange? program must be given to potential purchasers. Number 35 is that the applicant must sign the application, which he has done. Ms. Davis told Council she has added two conditions. Number 36 is the ownerS! ability to remove by a majority vote a member of the Board of Manager if the member or members do not conduct business in a responsible manner. The last condition is if the assessment fees are increased by the Board, written notice must be given to the owners 30 days prior to the effective date of the increase, and the notice must explain the reason for the increase. Dave Danforth questioned the surety bond, what is it supposed to do, under what conditionsI does who get it. Ms. Davis said she felt the planning office would review the program, maybe after three months. Council will have the right to withdraw the approval. Mayor Sitlring suggested that no transactions would close until after the first three month review period. Kaufman said if the city wants a six week review, and the Prospector cannot close on any units until after that, he doesn't have any problems with that. Taddune asked if this would affect the bankruptcy. Kaufman said this property is released from the bankruptch pending the approval. The purchase contract is conditioned upon time share approval. Ms. Davis told Council they should decide that subsidized transportation is not the giving! of a gift in a deceptive manner rather than come back in six weeks and say they don't like it. Mayor Stirling said the other issue is whether to waive the handicap access. Councilman Collins asked about letting owners stay in the units up to 30 days rather than 14 days as in lodge condominiumization. Ms. Davis said this is a requirement~for lodge condominiumization, and the interpretation has been made that it can be adjusted for the purposes of time sharing. Taddune told Council there is a contradiction between lodge condominiumization and time sharing. Council will have to establish a policy on this. The intent in lodge condominiumization was to preserve lodges in the lodge quota rather than have people buy condominiumized lodges and live in them and take them out of the market. With time share, people are required to come in and utilize the units. Ms. DavisI said time sharing, by its very nature is short term use, so that requirement~.~is not as pertinent to time sharing as it is to lodge condominiumization. Councilman Knecht moved not to approve; seconded by Councilman Blomquist. Kaufman pointed out that P & Z voted unanimously for approval of this particular time share project. The planning office and attorney's office have both commented that this is an excellent application. Kaufman reminded Council there is an ordinance on the books for time sharing, which was adopted by Council. Kaufman said this project meets the requirements, every requirement of the ordinance. Kaufman urged Council to approve this because thisproject meets the intent of the ordinance, and there has not been a single argument that justifies a no vote on this project. Councilwoman Walls said she is voting against this because Aspen does not need time sharing, and she is not ~oing to vote in favor of a time share project at this point. Councilwoman Walls said she feels time sharing is a method to allow developers to make more out of a project than is defensible to be made out of any project. Councilwoman Walls said she did not feel the city needs to bail out developers and loan officers of banks who back them. Councilman Blomquist said he felt condition number 11, authorizing the giving of gifts is not consistent with the spirit of the ordinance. Councilman Blomquist said in some of the items listed, he did not see a way of solving the problems. Council- man Blomquist said this is a bad application. Councilman Collins said the l±st of condit±ons, numbered 37, indicates something about the ~andora's Box the Council may Be opening with th~s particular appl±¢at±on. ¢oune±lman Collins said a lot of the language is ambiguous, arbitrary and maybe subjective. Council- man Collins said he does not like the fact this includes a gift of some sort of enticement for people to come and be subsidized to render a decision from them as far as purchase. Councilman Collins said with this application, he feels the city is asking for trouble. There are too many promises included in the language of everything. Ms. Davis told Council that not all of the conditions are necessary, only about one-third of them need ~o be listed. These were all listed for the building department, and to avoid possible problems in the future. Councilman Collins said the whole thing is structured on a bunch of loose legs, and he does no~ think the project can be integrated to make what Aspen would like 5o see in a positive, well put together project. Councilman Collins said the city should tighten up the terms of what Council looks a~ before the Council approves something of this type. Ms. Davis said this is probably as good an application as the city will ever get; the issue is whether the Council wants time sharing or not. Taddune told Council if the issue is whether or not time sharing should be permitted in the city or not permitted, that issue was debated a~ the time the ordinance was proposed and approved. Taddune suggested that Council review the matieral so they can evaluate the ability of the city to prohibit time sharing, to regulate it, and to monitor it. Councilman Blomquist said he was prepared to make a motion on that type of thing as a subsequent action. Kaufman said he feels Council is trying to repeal an ordinance this is already adopted. Kaufman said his applicant put in an application that meets every criteria in the legally adopted time share ordinance. Kaufman said it is not fair when an applicant has gone through the process and spent time and energy working with the city staff, and has come up with the best possible application under the city's time share ordinance, and Council is turning it down based on the fact that they don't like time sharing. All in favor, with the exception of Mayor Stirling. Motion carried. SPA ZONE DISCUSSION City Attorney Taddune recommended the planning office conduct an audit of the property zoned SPA, the reason for the zoning, and if the objectives of SPA on the property has been fulfilled. Councilman Blomquist asked, in addition, to have an analysis and proposal on SPA provisions, and some suggestions to tighten up the SPA. Council requested this audit and analysis be brought back to Council at the September 26th meeting. ORDINANCE ~42, SERIES OF 1983 - M.A.A. Water Extension City Attornsy Taddune told Council he and the applicant are in the process of refining the language of the agreement for the water extension to the M.A.A. campus. J. D. Muller, representing the M.A.A., told Council they are operating under severe time constraints and would like to have time to ~efine the language to reflect the interests of Council. Muller requested Council pass this on first reading so that no time is lost. Councilman Blomquist moved to read Ordinance 942, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #42 (Series of 1983) AN ORDINANCE APPROVING THE EXTENSION OF MUNICIPAL WATER UTILITY TRANSMISSIONS LINES BEYOND THE CITY LIMITS TO THE ASPEN MUSIC SCHOOL CAMPUS OF THE MUSIC ASSOCIATES OF ASPEN, INC. (MAA), A NON PROFIT CORPORATION, AND ADOPTING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF ASPEN AND "M/LA", A COPY OF WHICH IS ANNEXED AS EXHIBIT "A"A, THE TERMS OF WHICH INCLUDE A DEFERRAL OF THE COSTS AND CHARGES ASSOCIATED WITH THE "MAA" WATER LINE EXTENSION AND WATER SERVICE CONNECTED CHARGES, SECURITY FOR THE DEFERRAL AND CERTAIN CUSTOMARY LIMITATIONS ON EXTRATERRITORIAL WATER UTILITY SERVICE was read by the city clerk Mayor Stirling as if the county has okayed the extension. Alan Richman, planning office, told Council the county has approved this. Councilman Knecht moved to adopt Ordinance #42, Series of 1983; seconded by Councilman Blomquist. Roll call vote; Councilmembers Blomquist, aye; Collins, nay; Walls, aye; Knecht, aye; Mayor Stirling, aye. Motion carried. Mayor Stirling said the city has discussed establishing a policy for requests from arts groups. Mayor Stirling asked if the city continues to respond to crises or do they set up a mechanism for a clear policy. Assistant City Manager Ron Mitchell said the appropriate time to do this is during the budget time when all the groups are coming in for requests. Councilman Collins said in fairness to everyone, it would be wise to have some kind of consistency an the program. Mayor Stirling agreed this needs to be addressed. ORDINANCE #36, SERIES OF 1983 Change in Use Code Amendment Alan~Richman, planning office, told Council this ordinance clarifies language in the growth management exemtion section, making it clear that an applicant with an existing building and wants to change the use of the building and the change of use has no growth impact, the application can proceed forward without a GMP application. Richman said if the application is found to have growth related impacts, the application will have to go through the full GMP process. Richman said one of the reasons for this approach is the increased flexibility, which might preserve older buildings to make them work in today's economy. This also would prevent an applicant from putting together a large and costly application for an insubstantial change an use. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Mayor Stirling asked if this benefits people in Aspen. Richman said there is no applicant waiting in the wings. The planning office has had several inquiries over the last year. Richman said he feels this benefits the public. Richman pointed out the accounting system is all across the GMP exemptions; all exemptions are deducted from the quota, or will be added. Councilman Blomquist moved to adopt Ordinance ~36, Series of 1983, on second reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Blomquist, aye; Walls, aye; Mayor Stirling, aye. Motion carried. SUBDIVISION EXCEPTION - Park Place Amendment Colette Penne, planning office, !~passed out plats of this project and explained it is a building on the Cooper avenue and Mill street malls. This is a request to correct the condominium map to represent what actually exists on the property. These amendments are in response to changes made after the building was built. There was no provision made for interior access. These are minor changes to give the property some flexibility in interior circulation. Councilman Knecht moved to approve the subdivision exception for the purposes of plat correction; seconded by Councilman Collins. All in favor, motion carried. SUBDIVISION EXCEPTION - Applejack Lodge Colette Penne, planning office, reminded Council at their last meeting they reinstated the! Applejack as an L-3 lodge, and this is a request to condominiumize an existing lodge. The Applejack is Slightly below the 1:1 FAR maximum in the L-3 zone, with less than 800 square feet available for build out. Mayor Stirling asked how many units~ Gideon Kaufman, representing the applicant, told Council there are 36 units. Ms. Penne pointed out it is the intent of lodge condominiumization is for the units to remain in the short term rental market and be available to the general public. Ms. Penne said this application has committed to the requirements of Section 20-23 in the Code. There is an owner's personal use restriction to 14 days. The City has a right to require from the condominium association a report of the owner's annual personal use during high season. A condominiumized lodge must provide a minimum of two pillows or that amount of employee housing that has been provided for three years. At the Applejack,il one of the units has been used for employee housing, and a unit in the lodge will be provided for employee housing. Ms. Penne told Council an a~fidavit of lodge services has been submitted outlin~ng.i~on-sit( maintenance, management and other services provided during the last three years. The commitment is made in the condominium declaration with 24 hour services on call in high seasons, buffet breakfast in high season, there will be amenities, no transportation services have been or will be provided, front desk services will be provided from 8 am.~ to 10 pm during high season, and daily maid services during high season. Ms. Penne told Council the swimming pool inside the lodge will be provided and will be replaced with a jacuzzi pool inside and outside. The reason for this is the inside pool creates a lot of humidity, the windows are always dripping, there is an extreme smell of chlorine, and it is noisy. It Will be replaced with a conversation area, fireplace, jacuzzi pool. Randy Gold, the applicant, pointed out where they plan to locate the jacuzzi outside. Ms. Penne told Council the lodge has to be physically upgraded as a result of condomini- umization; it will be upgraded with an investment equal to or greater than 30 per cent of the assessed value of the property. The applicant has committed to $125,000 worth of improvements, which plan has to be submitted to and approved by the building department within nine months of this approval. The construction has to be completed within 12 months of the building permit. P & Z reviewed this and recommended apprbval along with the planning office with the conditions outlined in the memorandum of August 22, 1983. City Attorney Taddune recommended that applications to the planning office be signed by the applicant in addition to the attorney. There have been some problems with represen- tations made by attorneys that applicants might not have been aware of. Mayor Stirling asked if there would be kitchens in the unit. Gold said only in the employee unit. Mayor Stirling asked about remodeling the units. Kaufman said the $125,000 worth of improvements are exterior and interior improvements. The intent of the ordinance is not remodeling of the rooms, but structural improvements and major renovations. Gold said he is undecided how much he is going to do to the rooms; there is only so much that can be afforded. The intent is to upgrade the common areas, the exterior appearance and meet the health and safety requirements, which brings the total cost to about $200,000. Gold said they plan to turn this into a lodge and to create some ambiance and make the common areas more attractive. Councilman Knecht moved to approve the Applejack lodge subdivision exception for condo- miniumization with the conditions listed in the memorandum of August 22, 1983; seconded by Councilman Blomquist. All in favor, with the exception of Mayor Stirling. Motion carried. SUBDIVISION EXEMPTION - Grace Paul Plat Amendment Colette Penne, planning office, told Council this is a very simple change to the plat to include the basements of the units, redefinition of the status of the yard areas as limisted elements, and delineating the parking areas. Councilman Knecht moved ato approve the subdivision exemption for the amendment to the Grace Paul condominium plat; seconded by Councilman Collins. All in favor, motion carried. MAYOR'S DEED - Shaw Mayor Stirling said this had come to Council a month ago with a memorandum from the attorney's office, and exhibits showing where this request was. There was some research done by Councilman Blomquist and this is in the vicinity of Shadow mountain and the proposed BLM land exchange. Barbara Purvis, representing Mr. Shaw, told Council she would like to do some additional research to answer~the comments that have been passed on to her. Councilman Blomquist moved to table this until September 12, 1983; seconded by Councilman Collins. All in favor, motion carredi. aspen ~aty ~ounca± August 22, 1983 PAVING TRAIL UNDER MILL STREET BRIDGE Elizabeth Holkamp presented a map of the proposed trail. Ms. Holkamp said with the construction of the Mill street bridge, there ~s an opportunity to provide an important link in the ~rail system, to connect the Rio Grande trail with the Visual Arts Center trail. With this, people could go across town without crossing any automobile traffic. This could be done by going underneath the Mill street and Neale street bridges. This trail would be on the north side of the river to also connect with the community center. Ms. Holkamp said they have asked the county to grade this trail in, and PCPA will provide the road base and the landscapang. Ms. Holkamp said they are asking the city to pay for the paving next spring. Mayor Stirling suggested this would be better looked.at during budget time, since they are not paving until next spring. Finance Director, Sheree Sonfield, told Council there is a list of capital improvements, which Council will be looking at in September. Ms. Holkmap told Council that originally she thought this would be done this fall. Councilman Collins moved to request comments from the planning office and the Elizabeth Holkamp bring this request back at budget time; Councilman Blomquist seconded with an amendment requesting the planning office to prepare a plan for the entire Visual Arts Center property, how this fits, etc. All in favor, motion carried. CCLC - 1983 BUDGET Monroe Summers told Council this as a housekeepang item from Council's work session last week. Sur~mers told Council that he had left open the $15,000 to be spent on Rubey Park based on Council's comments. Mayor Stirling questioned spending $13,500~on Rubey Park and the $1500 for lot striping. Summers said the CCLC felt striping Rubey Park would provide more parking spaces because it would be more organized. Mayor Stirling pointed out it as moving into winter and the striping would not show anyway. Councilman Blomquist questioned the $5,000 for the Wheeler Streetscape study. Summers said Council has already approved $4750 for the streetscape studies; this $5,000 is construction documents dealing with underground conduits and the basic mechanics to put together a lighting system. Councilman Blomquist said the city does not have approval of the design of the Wheeler streetscapes. Summers said this deals with doing the mall lighting an a series of phases. This will get the basic system together. Summers told Council the streetscape construction documents would be for the curb and gutter design, the brick pavers, to get the project underway. Summers told Council the Wheeler board is shooting for a March completion date, and they would like to have as much of this work accomplished before the end of the construction season. Councilman collins said the city needs estimates on the costs of both the mall lighting and the Wheeler streetscapes and where the fund will come from. Councilman Collins said there should be some correlation between these pro~ec~s and the Council's budget meetings. Councilman Collins agreed about putting any money into Rubey Park until the Council has a plan of what will be done there. Summers said CCLC has put together a plan to deal with landscaping improvements, small amoun~ of mall bricks on the corners and screening the portapotties. These are temporary improvements to fix the feeling of Rubey Park. Councilman Knecht said the Council should give at least $15,000 to Rubey Park because there are so many visitors going through there, and it is an eyesore. Councilman Blomquist said none of these projects show construction costs. Councilman Blomquist questioned where the construction money would come from. Summer said CCLC does not have any construction money, and their function as to bring these projects through design to the construction stage. Sheree Sonfield, finance director, told Council that the $7000 and $15,000 for lodge amprovement district items should be recoverable if a lodge improvement district is formed. Councilman Collins asked if this addressed the Wheeler lighting. Jay Harmmond, engineering department, there was a lighting proposal but it was not well received by the Wheeler board or the engineers. Supers said Hagman Yaw is working on a lighting study for the mall and the commercial core. Suramers told Council the Wheeler Board has elected not to deal with lighting at all. Councilman Blomquist moved to reduce the income to $18,250 to approve expenditures for lodge improvement district o~ $7000; approve the matching tree program $1500 .and Wheeler street scape study of S4750 and the lighting concept of $5000 for a total of $18,250 and return the rest of the money to the general fund; seconded by Councilman Collins. Councilman Collins asked to add the lodge improvement district site survey and mapping of $15,000 for a total of $33,250. Councilman Blomquist accepted that amendment. Councilman Collins said he would like to anclude on the conceptual studies of the mall, the downtown area and the Wheeler if this can be done soon enough to make a move on the Wheeler. Summers told Council the Wheeler Board has said they do not want to light the outside of the building at all. Councilwoman Walls agreed with Councilman Knecht about the Rubey Park paving; there is a limit to what the city can expec~ tourists to put up with. The city needs to do what they can to improve Rubey Park while it is used for ski buses. Councilman Blomquist pointed out the $13,500!for Rubey Park does not include the bricks. Councilman Blomquist accepted the amendment for a total of $46,750. Councilman Blomquist said the bricks have got to be expensed. Council added $6,000 for bricks for a total of $52,750. Councilman Collins said he wanted ~o see a plan for Rubey Park, what the city will get. Councilman Knecht pointed out that the Council raised business licenses fees to give some money ~o the CCLC to administer. This money as not appropriated by anyone else; businesses are paying this money. Councilman Knecht said this budget is what the CCLC as business people feel they want to spend on these projects. Councilman Knecht moved to approve the busget as submitted by the commercial core and lodging commissaon; seconded by Councilwoman Walls. Regular Meeting Aspen~ul~y uouncli ~ugu~u ~, ~o~ Councilman Blomquist asked if an amendment to drop the construction documents for the mall lighting and wheeler streetscapes would be accepted. Councilman Knecht said no. Councilmembers Knecht and Walls in favor, Councilmembers Blomquist, Collins and Mayor Stirling opposed. Motion NO~ carried. Councilman Blomquist moved to approve the CCLC budget as written deleting the Wheeler streetscape construction documents at $5,000, deleting the mall lighting~contract at $10,000 and deleting Rubey Park lot striping at $1500. Motion DIES for lack of a second. Council decided to go through the budget items one by one to see which ones they would approve. The lodge improvement district site survey and mapping at $15,000 was okayed. The Wheeler streetscape construction documents at $5,000 Councilman Knecht was in favor of, everyone else was opposed to. The mall lighting conceptual studies at $5,000 everyone was in favor ofl The mall lighting contract documents at $10,000 only Councilman Knecht was in favor of, everyone else was opposed. The Rubey Park improvements at $13,500 Councilmembers Knecht, Walls and Blomquist were in favor, Councilman Collins and Mayor Stirling were opposed. The lot striPing at Rubey Park Councilman Knecht was in favor of, everyone else was opposed. Summers told Council as soon as the staff has a conceptual lighting plans, he will schedule a walking tour and present the lighting plan. NEALE AVENUE BRIDGE Jay Hanlraond, engineering department, told Council the engineering department has received verbal confirmation on a $67,000 grant from the highway department. The city will receive written notification and then has 45 days to take the money. Hammond told Council there is a possibility to obtain funding for the approach and alignment work, which is an important aspect of the Neale Street bridge. Hammond told Council if the city wants to apply for approach and alignment work, they will have to withdraw this year's application and start over next year. The $67,000 grant is only to replace the deck of the bridge. Hammond told Council the engineering department is working eith Centennial engineers on the concepts for the bridge, they have not nailed down how they actually want to do the reconstruction of the bridge. HammQnd said the staff should know within the 45 day time limit how they want to proceed. Hammond said he will bring this back to Council. RESOLUTION ~26, SERIES OF 1983 - Purchase of McClung Unit Ron Mitchell, assistant city manager, said this resolution is asking for ratification of Council's prior direction to purchase the McClung employee unit. This will be ready to close September 1, 1983. Mitchell told Council there is a good chance to pass this house along to the school district for $165,000. Councilman Collins moved to approve Resolution ~26, Series of 1983; seconded by Council- woman Walls. All in favor, with the exception of Councilman Knecht. Motion carried. INFORMATION PROCESSING REPORT & REQUEST FOR FUNDS Ron Mitchell ~old Council this is a request for an interim move to upgrade the system to its maximum so that the users will be able to use the system to its maximum and also to request three additional users be put on the system; these are planning, engineering and city clerk. This appropriate would be $12,700 and an increase in maintenance costs of $2300. Finance Director Sheree Sonfield outlined some alternatives based on the city's budget problem. The computer is not giving the response time, and time is being wasted. $5,000 will have to be spent to bring the system up to where is was four or five months ago. There have been complaints about the dot printer; to get a printer would be about $6,000. The first alternative is for the whole package which is $15000. Ms. Sonfield told Council this is a very worthwhile project. Councilman Blomquist moved to do the whole package and to borrow the money from CCLC to be repaid in 19~4; seconded by Councilwoman Walls. Councilman Knecht said the city has a budget problem, and this request should come up during budget time. Councilman Collins agreed. Councilmembers Blomquist and Walls in favor, Councilmembers Collins, Knech~ and Mayor Stirling opposed. Motion NOT carried. RESOLUTION ~25, SERIES OF 1983 - Troxel Replacement Assistant City Attorney Gary Esary told Council this could be put off until the continued meeting of August 24th. Councilman Knecht moved to continue this item until August 24, 1983; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE 945, SERIES OF 1983 - Wheeler Lease Alborz Corporation Councilman Knecht moved to read Ordinance ~45, Series of 1983; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE #45 (Series of 1983) AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF ASPEN AND ALBORZ, INC. SETTING FORTH THE TERMS AND CONDITIONS FOR THE LEASIN~ TO ALBORZ, INC. OF 1,082 SQUARE FEET IN THE WHEELER OPERA HOUSE FOR THE PURPOSE OF OPERATING A RESTAURANT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT was read by the city clerk Aspen C~ty Council August 22, 1983 Councilman Collins moved to adop~ Ordinance ~45, Series of 1983, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Blomquist, aye; Knecht, aye; Collins, aye; Walls, aye; Mayor Stirling, aye. Motion carried. Councilman Knecht moved to add St. Mary's Catholic Church special event permit to the agenda; seconded by Councilwoman Walls. All in favor, motion carried. CONSENT AGENDA Councilwoman Walls moved to approve the consent agenda; seconded by Councilman Blomquist. These items were Resolution ~23, Series of 1983 - Deputy Municipal Judge Edr~undson; Liquor License Renewal Steak House; Special Event Permit - Council for the Arts; Resolution ~24, Series of 1983 - Deputy Municipal Judge - Richard Jerome; St. Mary's Catholic Church - Special event permit. All in favor, motion carried. Councilman Blomquist moved to continue the meeting to Wednesday, August 24, 1983, at noon to discuss Ordinance ~41, Series of 1983 - Shapery Purchase, and Resolution 925, S%ries of 1983 - Troxel Replacement; seconded by Councilman Collins. All in favor, motion carried. Council left Chamber at 10:00 p.m. Continued Meetin$ Aspen City Council Au~u~.t 24, 1983 Mayor Stirling called the meeting to order at 12:00 noon with Councilmembers Blomquist, Knecht, Blomquist present. RESOLUTION #25, SERIES OF 1983 - Troxel Cancellation Assistant City Attorney Gary Esary told Council that the city, on all contracts above $50,000 secures performance and labor and material payment bonds. There was a default on the contract, and rather than settling the case, the bonding company has provided a takeover and completion agreement to complete the original contract. Esary estimates there will be a loss to tke city of $2500. This is performance under the original contract which was approved by Council in the 1982 water management plan. Councilman Blomqu~st moved to approve Resolution #25, Series of 1983; seconded by Council- woman Walls. All in favor, motion carried. REQUEST FROM TRIATHALON - Use of swimming pool Mayor Stirling said from the memorandum, it is clear that the recreation department has no money for this request. Councilman Knecht asked why the pool was being shut down so early. Ron Mitchell said the pool did stay open last year and let the school use it for lap swimming; it did cause the recreation expenditures to go over budget. This year the recreation department is being careful about controlling ~heir budget. Ted Armstrong, recreation director, is taking the position that this is not in his budget. This request did not ge% to Armstrong until late and it was not budgeted. Mitchell said if Council wants to support this activity, the Council might give some financial support to rent the pool, or another pool. Councilman Blomquist said he would like to keep this in Aspen. It is the kind of event needed to stretch the summer season, and it is too bad it is not in the budget. Mitchell pointed out this request for the Moore pool will cost the city at a minimum $2,000. There is not much use of th~ pool after September 9th. Councilman Knecht said he agrees with Councilman Blomquist about ~his event, this ~s good PR for the City of Aspen. Councilman Knecht said he would go for proposal #1 to keep the pool open ~ntil September 24th. Councilwoman Walls said she felt these people should come to Council during budget time and tell Council what they need so this can be a budgeted item. Councilman Knecht said if the pool is kept open, it should be advertised for use by locals. Mitchell said if there was to be public swimming, the pool would have to have more than one person staffing it. Armstrong's proposal ~s only to keep the pool open for schools laps and for the day of the Triathalon. Mitchell said to keep it open ~or~.public would cost the city s4300 and the revenue is minimal. Mayor Stirling agreed he would like to see this group come forward during budget time and be part of that process. Mayor Stirling suggested the Council g~v~ng them a donation to see if they can rent some other swimming pool. Councilman Knecht said leaving it open to the public for $4300,~is not worth it, and would not want to keep it open only for laps and the Triathalon for $3200. Mayor Stirling said he would like to see this part of an ARA scheduled event. Councilman Knecht said they can use the Aspen Club pool. Mayor Stirling pointed out they used it one other year. Councilman Knecht said the Council cannot afford S4300 and it is silly to keep the pool open for two weeks for one event at the cos~ of $3200. Councilman Blomquist move~ to deny the request; seconded by Councilman Knecht. All in favor, motion carried~.~. Councilman Blomquist move~ that the city offer to help them plan for next year, if they will review the figures and try to tie into a schedule that ~s economic to the city. Councilman Blomquist said the Council wants this kind of event but not at a price tag of $4000. Mayor Stirling asked Mitchsll to call the Triathalon pecple and pass on some of these suggested. Mayor Stifling also asked that the Aspen Club be contacted to see if the could~.help out. Councilman Knecht said he felt the more attention this event gets, the more helpful it is, this would be more like a parade and get more exposure. Councilman B~omquist said this is a perfect example why the ARA should be in calendaring and program- ming. Continued Meeting a~ ~3 ~v~, .... _ ORDINANCE ~41, SERIES OF 1983 - Shapery Purchase City Attorney Taddune told Council this ordinance has been redrafted since first reading and provided copies of the changes. There have been changes requested by Shapery's attorney and by Trueman's attorney. There have also been technical changes from the staff. The closing date for this property will be on or before September 15th. There is an indemnification agreement to try and wrap up all the problems with the Trueman Neighborhood Commerical Project. The city and Trueman will release, waive and discharge each other from any claims associated with the promissory note and with TNCP. Taddune said the Council could pass the ordinance as amended, and allow the attorneys for all three part~es to continue working out the agreement and the closing documents Councilman Knecht moved to adopt Ordinance ~41, Series of 19~3, as amended per Taddune's suggestion; seconded by Councilman Blo~quist. Mayor Stirling said he dislikes this process as he would prefer to see the amendments. Taddune said the September 1 date will be changed throughout the ordinance. Another change is where the ordinance refers to the promissory note from t'he~city~tot. Trueman, the language for clarification "secured by first deed of trust" will appear. Taddune said rather than have language with respect to all prior claims unrelated to the transaction in the indemnification agreement, it will appear in the contract. Taddune said the language proposed is "this release shall not operate as a waiver by the City of Aspen of Trueman, his successors and assigns of any non-mone~ory obligatlons which the parties are in agreement on. It goes on to say "on happening of certain events, waive and dis- charge other claims or costs associated costs arrising from that promissory note of April 8, 1977, from Trueman to the City in connection with TNCP and all monetary obliga- tions.'' Taddune said the confusion is, is the city going to resolve all monetary obliga- tions with Trueman from this day forward. Taddune said there will be no closing until this is resolved. Councilwoman Walls, aye; Councilman Knecht, aye; Councilman Blomquist, aye; Mayor Stirling, aye. Motion carried. Councilman Blomquist moved to appoint Spence Videon as the joint representative to the transit authority board; seconded by Councilman Knecht. All in favor, motion carried. Assistant City Manager Ron Mitchell told Council there is S1080 planning money related to the Shapery parcel. The applicant would like these fees waived, with which the planning department does not have a problem. Councilman Blomquist moved to waive the planning fees. Gideon Kaufman, representing the applicant, told Council when they went through GMP, they paid their fees. The applicant also paid fees for the SPA application. The old Council did not deal with the application but put it over to the new Council~ These additional ~eetings cost extra money. Kaufman said he did not feel it was fair to have to pay the additional fees. Mayor Stifling disagreed and pointed out that all the additional work led to the city purchasing the property, and Shapery accepted ~hat. Kaufman said all the additional meetings were at the request of the Council. Kaufman said the fees are not related to the applicant but the city's indecision and not knowing what to do. Councilman Blomquist and Collins in favor; Councilmembers Knecht, Walls, and Mayor Stirling ~q~..~n~a~or.., ~ ~ Motion NOT carried. Mayor Stirling said he felt this fee should be paid before the deal closes. Alan Richman told Council this was planning fees for processing the SPA application. Sheree Sonfield told Council if the fees were waived, they should be charged to the cost of acquiring the property. Sunny Vann, planning director, told Council the planning fees are evaluated each year on the amount spent on a typical application. Vann said it is rare %hat an application goes into additional billing unless it is very complex. Taddune told Council that Shapery has been able to obtain an appraisal of $1,000,000 for the property. Secondly., if Council wants this as a condition for closing, it should be a condition to the purchase agreement. Councilman Blomquist said this is complicating the deal and opening up new avenues of discussion for a small sum. Councilman Blomquist said he felt the extra billing is due to the delay on the part of Council. Mayor stifling agreed he did not want to snag the deal and does not want another contingency laid on the contract. Mayor Stirling moved to reconsider the previous motion; seconded by Councilman Blomquist. All in favor, All in favor, with the exception of Councilwoman Walls. Motion carried. Councilman Blomquist moved to waive the planning fees; seconded by Councilman collins. All in favor, with the exception of Councilwoman Walls. Motion carried. Councilman Blomquist moved to adjourn at 12:55 p.m.; seconded by Councilman Knecht. All in favor, motion carried. - City Clerk Regular Meetin~ As~en City Council September l~, Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Blomquist, Walls, and Collins present. CITIZEN PARTICIPATION 1. David Zaagman thanked Counci~ for ~nviting him to the party with the German delegation; it was very enjoyable.