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HomeMy WebLinkAboutminutes.council.19860421~'~~~= Continued Meeting Aspen City Council April 21, 1986 LITTLE NELL SPA AGREEMENT 1 RESOLUTION #2, SERIES OF 1986 - Ballot Issues 2 4 Continued Meeting ~ Aspen ~itv Council - ___A~il 21. 198 Mayor Stirling called the continued meeting to order at 5:15 p.m. with Councilmembers Walls, Isaac and Fallin present. Mayor Stirling read a proclamation supporting World Population awareness week April 21 - 27, 1986. LITTLE NELL SPA AGREEMENT City Attorney Taddune read paragraph 6 on page 24 regarding special improvement district, including new language that the owner reserves the right to contest the scope of the district and the reasonableness of assessments imposed against the property. Taddune pointed out the applicant is proposing substantial public improvements that will benefit the city. Taddune said if new special improvement districts are layered on top of the proposed improvements, the applicant would like the ability to contest the scope of the district and the assessments. Councilwoman Walls asked about the lodge improvement district. Peter Forsch, Skiing Company, said this agreement said the applicant has to join the lodge improvement district but also has a say so in the scope of the district. Councilwoman Walls asked if every property owner in the lodge improvement district has the right to contest the district. Taddune said all property owners have the right to remonstrate. Taddune told Council the formation of the lodge improvement district is integral to this project. The Aspen Mountain Lodge project was going to be 40 percent of the district. Taddune said because the applicant is promising public improvements, the city is willing to distinguish them and allow them the ability to contest the scope and assessments of the district. City Manager Schilling told Council Chandler, Arizona, worked two and a half years on an assessment district. Chandler used language, some property owners took the city to court and the district was thrown out because the court said the city had no right to remove by mandatory agreement the fundamental rights of property owners to remonstrate against the formation of a district. Schilling said the language t hat Taddune is proposing is critical to not take away a basic right of a property owner. Councilman Isaac asked w hat kind of public improvements the applicant is making. Forsch answered, street improvements, relocating the pumphouse, water and sewer improvements . Mayor Stirling asked if the rights of the general public are compromised by this language. Taddune said he did not feel they are. Forsch said the applicants feel this language is more realistic in a cooperative intent as opposed to the previous language. Gideon Kaufman, representing the applicant, said this paragraph 1 Continued Meeting Aspen City Council- ~ April 21. 1986 means that the applicant is waiving their right to contest the formation of the district, but not the scope and the assessments. Raufman said f or the record the applicant is committing to this paragraph and as long as there is reasonableness on the city's part, they will not contest it. Mayor Stirling asked the applicant if they consent to the spirit of the language. Forsch said they do. All of Council favored paragraph 6 language. Taddune pointed out paragraph D "Easements" which is a new paragraph that will be required in all developments. This paragraph commits the developer to provide documents that can be recorded granting easements to the city for utilities and trails. Taddune told Council in the past, these hav a been indicated on the plat. This will duplicate the easements. The bicycle trail will be a f loating easement, and the developer can decide the course of the easements as long as it is the same width of the public trails and as long as it connects the trails system. Raufman said the developer agrees to this paragraph. Council all in favor of this language. Taddune told Council the zoning ordinance and the vendor's agreement will be before Council at the April 28th meeting. Forsch asked if the Mayor can sign the SPA agreement. Taddune said this should be done after the adoption of the zoning ordinance. Raufman said he would feel more comfortable if the Mayor could sign the SPA agreement, and treat the zoning ordinance separately. Forsch said the motion at the last meeting was when the language in paragraph 6 was agreed upon, the Mayor would have the authority to sign the SPA agreement. Taddune said the employee housing and vendors documents have yet to be finalized. RESOLUTION ~2. SERIES OF 1986 - Ballot Issues City Attorney Taddune said this resolution contains 3 questions for the June special election. Question No. 1 is the acquisition of Volk property with the issuance of revenue bonds. The question has been drafted by bond counsel. The amount of the bonds is not to exceed $1,200,000, and the cost of property is $800,000 and not in excess of $1,000,000. Taddune said the question contains "or other acquisition" because it is not known if the city will be able to purchase the property. Mayor Stirling told Council he contacted the Volks, who contacted their contractor to see if there could be a delay. The contractor said there is not enough time to get the building closed in if they delay it. Mayor Stirling said there will be demolition and excavation before June 3rd. Mayor Stirling said any expenses incurred by the Volks between now and the election will have to be taken into consideration. Mitchell pointed out 2 Continued_Meetin4 Asuen City Council April 21~ 198 one of Volks' requirement is that interest be 90 percent of prime, which is an excessive request. Mitchell told Council staff will have the interest amount for the next Council meeting. Taddune told Council question No.2 is the approval of a 5 year serial tax levy for street improvements. Mitchell said the engineering report states the city will bring all the street in the city up to a rating of 85, which means the streets will be good for 10 to 15 years. Schilling told Council for a 5250,000 market value house, the increased cost would be 545 a year; the cost for a $500,000 would be about 575 a year. Councilman Isaac said he is concerned about the phrase street maintenance, people might construe that to mean plowing and street washing. Schilling suggested adding that these funds will not be used for personnel or snow removal. Taddune told Council Question No. 3 is the 20 year, non-exclusive revocable franchise to Rocky Mountain Natural Gas. Council will be considering an ordinance on this franchise at their next meeting. This is renewing their current franchise, w hich will expire in June. Rocky Mountain Natural Gas will pay 3 percent to the city. Councilwoman Fallin moved to adjourn at 6:10 p.m.; seconded by Councilman Isaac. All in favor, motion carried. ~~ ~'~ Kathryn S. och, City Clerk 3