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HomeMy WebLinkAboutminutes.council.19870713Regular Meeting Aspen City Council July 13, 1987 PROCLAMATION - Aspen School Camp for the Deaf 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 4 MANAGERS COMMENTS 5 ORDINANCE #24, SERIES OF 1987 - Sale of Red Roof 7 ORDINANCE #22, SERIES OF 1987 - Appropriations 11 ORDINANCE #17, SERIES OF 1987 - Refunding 1985 Sales Tax Bonds 12 ORDINANCE #18, SERIES OF 1987 - Maroon Creek Hydropower Bonds 13 ORDINANCE #23, SERIES OF 1987 - Reconveyance of Zoline Easements 13 ORDINANCE #25, SERIES OF 1987 - R-15B Zone District 13 ORDINANCE #28, SERIES OF 1987 - Annexing Aspen Grove, Eastwood, Knollwood 15 ORDINANCE #26, SERIES OF 1987 - Zoning Aspen Grove, East- wood, Knollwood R-15B 16 ORDINANCE #27, SERIES OF 1987 - Canyon Cable Easements 16 ORDINANCE #29, SERIES OF 1987 - Extending Appeal Period for Historic Evaluation 16 REPORT ON HISTORIC PRESERVATION PROGRAMS 17 REQUEST TO USE CITY PROPERTY - D ay Care Center 17 CONCEPTUAL SPA - Rubey Park 20 LIQUOR LICENSE RENEWAL - Paragon 23 PURCHASE OF THE ZOLINE PROPERTY 24 26 R u r Meeting Aspen Citv Council.. July 13. 1987 Mayor Stirling called the meeting to order at 5: 00 p, m. with Councilmember Tuite, Isaac, Fallin and Gassman present. PROCLAMATION - Aspen School Camp f or the Deaf Mayor Stirling declared the week of July 12 through July 19, 1987 as Aspen School Camp f or the Deaf week for their dedication and work over the years. CITIZEN PARTICIPATION 1. Monica Hose told Council she has spoken to over 70 people about Ordinance #15, 1987, and no one was aware that the vendor's fee deduction was eliminated. Ms. Hose told Council the vendors she has talked to want this deduction. Ms. Hose presented a petition with signatures requesting this ordinance be rescinded. Ms. Hose said perhaps the fact the ordinance was passed during off season was part of the problem. Ms. Hose said since this concerned a tax levy, the vendors should have been sent notices, like the property owners in the lodge improvement district. Councilman Isaac said he has spoken with Spence Videon, ARA, who is going to poll the member of the Resort Association affected by the repeal of the vendor's fee. Councilman Isaac asked that Council hold off on a decision about this until Videon can poll the ARA. Councilman Isaac said he is willing to take another look at this ordinance. Spence Videon told Council he is doing a survey; the consensus of people he has spoken to are in favor of revocation of this ordinance. Mayor Stirling moved to direct the city attorney to draft an ordinance rescinding ordinance #15, Series of 1987, to bring back the vendor's fee prior to that ordinance, and to have first reading July 27, 1987; seconded by Councilman Tuite. Councilman Tuite said this is tax without representation; the city is taking money away the vendors historically had. Council- man Tuite said the money is for the city's land f und, which does need money; however that is a separate problem. Councilwoman Fallin said this ordinance takes away the vendor fee on only 1 percent of the tax. The money is going to go into the land fund to help support open space and trails, which are tourist amen- ities. Councilwoman Fallin pointed out with more tourist amenities, the more tourists and sales tax there are. Councilman Gassman said the reason the land fund is in trouble is that money has been taken out of there for other projects. Councilman Gassman said the city should keep the money in the land fund that should be kept in it. Councilwoman Fallin noted there were members of the CCLC present at the discussions of Ordinance #15, and they made no comment. 1 Regular Meeting Aspen City Council July 13. 1987 Marvin Jordan, CCLC vice-chairman, said the CCLC is more charged with infra structure items than taxing matters. Jordan said if a merchants ends up making a bottom line 5 percent of sales, the vendors fee on 7 percent of sales tax, actually representing 4- 1/2 percent of the bottom line profit. The vendors fee does represent a significant portion of net profit to most merchants. Jordan said a $58,000 increase in revenues in the city equates to a 50 percent increase in business license fees to the city without any discussion to the business community. Mayor Stirling noted the land fund has made major purchases in the last 4 years totaling over $3,000,000 which is one reason the fund is low. All in favor, with the exception of Councilwoman Fallin. Motion carried. 2. Francis W hitaker said he supports the repeal of Ordinance #15, Series of 1987. Whitaker said he has read the article on the Council goals' and here is no reference to the dumping of snow this winter. Mayor Stirling said this is a goal of the Council to be addressed in both planning the Rio Grande property and in relocating the snow dump. Whitaker said he is concerned over the use of open space at the Marolt property for storage of equipment by a private contractor. Whitaker said he has an informal opinion from a private attorney that this use is illegal. Whitaker said it is incumbent upon Council to ask the city attorney if uses, temporary and per- manent, on open space are to be allowed. 3. Ramona Markalunas, representing the West Side Improvement Association, brought up the electric undergounding. Ms. Marka- lunas said there has been little information published on how people are to go about this, when the deadline is, when the overhead wires will be pulled out. Ms. Markalunas gave Council a copy of the analysis done by the WSIA of the city's question- naire. Ms. Markalunas noted at least 192 people are interested in doing their own undergrounding, and these people would like more information. Ms. Markalunas said WSIA sent out a questionnaire on 4 different subjects; the results are shown in a report Council has a copy of . The most imperative of these is a traffic study for the west end. Ms. Markalunas said the new Hotel Jerome addition is causing considerable traffic to be diverted through Bleeker street and the west end. There is also the question of the new owner at the Meadows. Ms. Markalunas said it is imperative for the city to begin a traffic study to cover the residential neighborhood and the impacts of the traffic f rom new development and from development that has already occurred. Ms. Markalunas presented a check for 51,000 from the WSIA to be used as seed 2 Regular--Me-eting Aspen City Council July 13. 1987 money to begin a comprehensive traffic study of the residential neighborhood. Ms. Markalunas said the WSIA would be willing to provide any services to assist. Mayor Stirling said July 22 there will be a transportation work session to begin addressing long range plans. It would be appropriate f or WSIA to attend this work session 4. Doug Allen requested that Conceptual Subdivision - Mountain View, be tabled until August 10 because of a defect in the notice. Allen said related to this issue is carrying over or not carrying over GMP allocations. Allen said he would 1 ike an opportuni ty at the August 10 or bef ore to discuss this issue with Council. Mayor Stirling moved to table the conceptual subdivision Mountain View to August 10, 1987; seconded by Councilman Tuite. All in favor, motion carried. 5. Connie Harvey brought up the sale of 45 acres of the Zoline property located along highway 82. Ms. Harvey told Council this has been scheduled to be sold at auction on July 19, 1987. Ms. Harvey said there has been discussion in the past of the city acquiring this property. It is a key parcel to preserve open space. If the Red Roof is sold, there will be money to buy the Zoline property. Mayor Stirling said this will be discussed in the manager's report in response to requests from Council. 6. Kent Schuler said a local citizens group is f ocusing their attention on city hall. They feel this is a dangerous building for both employees and the public. The building is a statement about the community, and this group would like to support a positive change. The group would like to schedule a public open house August 25, 1987, from 3 to 7. This group will schedule walking tours to point out the safety and structural infractions as well as inefficiencies caused by the building. Schuler said they may use a video so that people do not have to come into the building. Councilwoman Fallin moved to put the city hall open house scheduled for August 25, on the July 27, 1987, agenda; seconded by Councilman Isaac. All in favor, motion carried. 7. Dick Butera said people have been expressing concern to him about the new hotel. Butera told Council he has had conversa- tions with lots of citizens and the issue is unanimous how people feel about the new proposed hotel and the new proposed developer. Butera said people are worried about what is going to happen at the new hotel site. Butera reported because of past approvals and extensions, people are fearful of something happening very fast without the public getting reaction time to 3 Rectular_ Meeting A-seen City Council July 13. 198 stop any development. Butera said he would like Council to give citizens an indication of where they stand, where this project is going, and what can be expected f rom this plan. Butera said the new owner of the hotel development has only been in real estate 6 years and is a new comer to Aspen. Butera urged Council find out about the owner of the hotel development, his motivation, and what has been approved for this parcel under different cir- cumstances. Butera said this is an extremely important issue for the community. What was previously approved was wrong, is out of scale and out of context with what the city needs. Butera asked if Council has to approve a permit to dig a hole for this project. Butera said there has been no answer to the mudslide. It is not known whether the Continental Inn should be allowed to stand. Butera said citizens are very worried about Council's position. Mayor Stirling answered Council has requested from staff what the process and sequence of events related to the extension and building permits will be. Mayor Stirling said this was a request of the goals session meeting last week and asked staff to have a report by the July 27th Council meeting. Councilman Isaac asked for a summary of the proposed PUD con- struction will be. City Attorney Taddune said the PUD agreement outlines the approvals granted, and the time line. 8. Jim Pavisha, receiver for the Aspen Mountain Lodge property, said there is much misinformation about the project. Pavisha noted that Mohamed Hadid does not own the property yet, and cannot come forward with proposals and answers until he does own the property. Pavisha told Council he has talked to numerous citizens who are happy that the project is moving forward. Pavisha pointed out this project was looked at for 2 years, and 4 months ago it was given an extension. Pavisha said this is the same plan Council looked at and approved. Pavisha said the new owner is excited about the town and about the project. Pavisha told Council Hadid has negotiated a contract with Ritz, a proven hotel owner who wants to be here in Aspen. Pavisha stated Hadid want s to move forward so the project does not drag on and continues to be a hole in the ground. Hadid wants to work with the city and the citizens and to contribute to this town. Pavisha pointed out Hadid has made an offer to build an ice rink and parks and to clean up with Continental Inn. Pavisha said Hadid bought the property because of the zoning and existing approvals. Pavisha said Hadid intends to speak to Council. Mayor Stirling asked that Hadid address Council at the J m y 27 meeting. COUNCIL-MRM~ER COM~MEN'i`5 1. Councilman Tuite said Council previously approved a 53,000 contribution to GRIP on the consolidation study. Councilman Tuite said staff was going to work this as a contribution to the 4 Re.uc~ lar Meoti-ng -~ -- ~ Aspen -City Council ~~~..y 13,E 1987 county and 1 et them handl e the money. Assistant C i ty Manage r Mitchell said he would report back to Council. 2. Councilman Tuite said he has some concerns about the new hotel development; however, the project was reviewed f or 2 years and was a compromise. Councilman Tuite said his concern is that Council act within their legal authority on the project. 3. Councilman Isaac said he brought up the stop signs at Monarch and Hopkins and received an answer from the engineering department. Councilman Isaac said he would like Council to discuss this intersection; it is not consistent with the other intersections in town. Councilman Isaac asked this be placed on the July 27th agenda. 4. Councilman Isaac said he has received phone calls about dogs leaving reminders around town and in parks and that these are not being cleaned up. Councilman Isaac said the Code states dog's owners have to clean up after their dogs, and this is not being enforced. Councilman Isaac said the city does not have enough staff to take care of all the dogs in town. Councilman Isaac said he would like to urge everyone to follow the laws. 5. Mayor Stirling said Assistant City Manager Mitchell will give a report on the Zoline property. Mayor Stirling asked when the floor area ratio issue will come to Council. Staff will check on that and report back. 6. Mayor Stirling said he has had a complaint on underground- ing; a citizen spent 51,000 to bring all the lines from the alley to the drop and the electric department will not connect this because the meter is not the correct location. Mayor Stirling said this may cost the property owner another 51,000 to move the meter. Mayor Stirling asked that staff follow this complaint up. 7. Mayor Stirling asked about the title dispute at 7th and Gillespie. City Attorney Taddune told Council the city has been very active in the Senior Hallam lawsuit. Mayor Stirling said the Physics Institute would like to meet with Taddune about this lawsuit. MANAGERS ~OMMEi~T~ 1. Assistant City Manager Mitchell said he has a memorandum about the Zoline property. Mitchell told Council he has talked to Zoline who is interested in selling the property to the city. There is an auction on this property scheduled for Sunday, July, 19th. Mitchell said if Council is interested in pursuing this purchase, staff will have to negotiate with Zoline prior to Sunday. Mitchell outlined in his memorandum the parameters 5 ReQUla-r--Me-etina -A~~en- City Council duly 13, 1987 Zoline will be willing to accept. The down payment is to be between $250,000 and $300,000. Zoline would accept interest only for 5 years with the principle due at the end of 5 years. Mitchell said Zoline has indicated the property is worth between $1,500,000 and $2,000,000. Zoline has indicated if the Council will accept the condition that the property remain open space, there could be an adjustment in the purchase price. As a second option, Zoline will accept a 10 year payment of interest and principle for the property. Mitchell said if Council is inter- ested, he would like an executive session for directions in negotiations. Mitchell presented a calculation of what effect this purchase would have on the land f und. Mitchell said with the 5 year option, the land f and is in a negative position f or a number of years. Mitchell said for the city's entire financial picture, the purchase of the Zoline property will not change the current projections of having between $3,000,000 to $4,000,000 bonding capacity over the next 5 years with minimal cash avail- able. Mayor Stirling moved to add Zoline to the agenda as item VII (1); seconded by Councilwoman Fallin. All in favor, motion carried. Mitchell proposed an executive session at the end of the meeting for Ruedi water sales and the purchase of the Zoline property so as not to compromise the city's position in negotiations. Councilman Isaac moved to have an executive session on Ruedi and Zoline; seconded by Councilman Tuite. Mitchell said if Council states their parameters, it would negate his negotiating position. Mayor Stirling asked if an offer is made to purchase the Zoline property, what effect would this have on the auction. Mitchell said the auction would be cancelled if the city and Zoline come to an agreement bef ore that time. Mitchell said if Council is interested in pursuing the purchase of Ruedi, there are contract negotiations involved as well as the impact of future litigations. Bil Dunaway said the Council has to vote in open session whether they want to make an offer on the Zoline property. Dunaway said this has to be done before they can discuss negotiating parameters in executive session. Councilman Gassman said what the Council decides to do, the public has a right to know what is going on. Councilwoman Fallin said in the case of Zoline, there are public that want to participate. Mitchell noted that the price is not fixed for the Zoline property . Councilman Isaac withdrew his motion. 6 Re u ar- i~ieetinQ~- - - Ashen City Council .7~1X 13. 1987 City Attorney Taddune stated any decision Council makes should be made in public, not in executive session. Executive sessions are designed for purposes of receiving information in confidence in real estate transactions. Councilman Tuite moved to have an executive session on Ruedi water sales; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Assistant City Manager Mitchell distributed the results of the goals sessions by priorities. ORDIi~ANCE- # ~~;-~ERiES OF 1-9-87 - Sal a of Red Roof City Attorney Taddune presented a memorandum identifying areas of concern. Taddune said in response to Council's concern, staff has asked the potential buyer to increase the earnest money. Taddune reported they were unable to come to a specific term. Taddune reminded Council there was discussion about a 30 day extension at the end of the closing date. Taddune said the figure for that extension should be an interest rate at which the city borrows money. Taddune inserted 7.75 percent prorated t o the day of closing the additional money for which they have requested the 30 day extension. The closing date is a date certain or 90 days from the date this agreement is approved and signed. Taddune pointed out page 2 deleted the $10,000 earnest money as the city has been requesting the purchasers increase the earnest money. Page 5 paragraph (e) permits the sellers to extend the closing an additional 30 days. Taddune noted if the sellers are going to extend the closing, they should pay for it as if the closing occurred on the date projected. Taddune said the closing date provision is 90 days from the date the contract is signed. Paragraph 6 refers to a letter appended as an exhibit that the city received from Red Roof Inns outlining a water pressure problem. Taddune said this letter was sent for purposes of potential litigation that was fairly comprehensive that a full disclosure of the water pressure problem, that the letter should be part of the contract. Taddune noted the city is assuming any bills up to the date of the closing. Taddune told Council he has inserted a provision in paragraph 10 about the utilization of the premises by the M.A.A. for housing music students. Taddune said he has been negotiating the extent to which some exceptions should be deleted. The main outstanding points are the earnest money and the amount of money to be paid by the buyers if they exercise their option to extend the closing an additional 30 days. Taddune said he has inserted 7 g ~_ ___,____.- __ ._ _ __ P y Re ular-Meet-i-n - As e-n-wit Council ~y1~ y 13. 1987 in the contract 10 percent to extend the closing date, which is a function of the cost to the city for extending the closing date. Taddune told Council staff reviewed the city's borrowing rates, and 7.75 was recommended as a function of cost of money to the city. Herb Klein, representing the applicant, said in reviewing the title insurance covering and exceptions, there were some patent reservations and the applicant would 1 ike an endorsement f rom a private insurance company protecting against damage to improv e- ments should they exercise any mineral rights which underlie the property. Taddune said there are standard exceptions to title policies. Taddune noted if items 1 through 4 are deleted, the insurance company will require an indemnification agreement. Taddune said this is a cost item of 5200 to $300. Klein stated in the request for proposals, the only mention of earnest money was 510,000. Klein said there is a letter dated March 26, 1987, from City Manager Bob Anderson indicating if Infotel wants to become one of the f finalists in the bidding, they have to provide 510,000 as earnest money. Klein reiterated that is the only reference to earnest money in the city's RFPs. Klein said the applicant submitted an offer with more earnest money than that; 510,000 with 55,000 per month. Klein said the applicants did not fail to perform, and Council has decided to make an issue of the earnest money. Klein said Infotel has a specific commitment for budget from the investors to get the deal done. Klein said there is not more money for earnest money. Steve Conger has made efforts with the investors, and they have agreed to increase the amount of earnest money to a total of 560,000 including the 510,000 that has already been paid. The proposal is to pay an additional 510,000 on execution of the contract with the city; 520,000 on August 15th and 520,000 o n September 15th. The closing date will be no sooner than 90 days from the date of execution of the contract, which could be the middle of October. Klein stated in the context of the way the proposals were solicited, Infotel has offered more than was requested. Klein said they feel this offer is fair and credible and should protect the city's interest. Mayor Stirling opened the public hearing. Ross Griffin said he was on the Council when the city purchased this property. Council had the option of excluding the land and the lodge but felt it should not be excluded because there was no point of having an island of private land in a public enclosure. Griffin said he feels the city would lose control of a crucial piece of land if they were to sell it. Jessie Berger, M.A.A. said between the time of initial request for bid and the granting of the bid there has been a change of thought about the bid 8 Regular--Nfeetirrg-- --~- --- -- -Aspen---City Council Ju1~3, 1987 process. Berger said originally, the bid winner seems to hav e cash to purchase the property immediately. The process is going on to 4 months. Steve Conger, Infotel, said they do have investors to purchase the property. Conger pointed out they have to get to contract in order to get the money. Jim Breasted said he was on Council when this property was purchased. Breasted said Council's job is not just to look after assets but also to be a good steward of the land and of the zoning code. Breasted said when this property was purchased, there was strong feeling that the entrances to Aspen should be preserved from development. Breasted said he feels the Red Roof Inns should be turned down. Breasted said if Council does view this property as an asset, not to sell the land but to lease the land and keep this as part of the golf course property. Francis Whitaker pointed out 3 members of a previous Council which purchased the property are all here to oppose the sale of this property. Whitaker said this property was part of the original open space purchase. Whitaker reminded Council there was an initiative ordinance limiting the land fund to 75 percent for open space purposes. Whitaker said, subsequently, this ordinance has been repealed. Whitaker said he feels the city can make better use of this property for public purposes, like dormitories for the music festival. Whitaker said if the Red Roof is sold, the money has to be put back into the land fund. Connie Harvey agreed the money has to be put back into open space fund. Ms. Harvey said she opposed selling the property a 1 ong time ago, but would support selling it if the money were to go to buying the Zoline property. Mark Freidberg said this does bring up the serious problem with the Music Associates and housing of the students. Freidberg said if the applicants do have the investors, there should not be the need for this long time frame. Freidberg said if this deal does not go through, that the city looks at whether or not the community might be better served by using the Red Roof f or some of the acute needs the community has. Sally Roach urged Council to be certain that Inf otel's financing is in good order and they have the financial wherewithal to make this project work. Mayor Stirling closed the public hearing. Councilman Isaac asked how much of the $60,000 earnest money would the city retain if the deal were not to go through. Taddune said there is an incrementalization of the closing and of the earnest money payments. Taddune said if the city fulfills its part, it could keep whatever has been given to the city. Mayor Stirling said he felt the $10,000 in the request for 9 Regular --Me-e-t-ng--- ---- ----_ Aspe-n ~City_ C~ounc i-i Ju y 13, i 987. proposal was the minimum in order to be a bidder, and the rest of the earnest money was to be negotiated from there. Mayor Stirling pointed out every one of the finalists came up with $10,000. Conger said it was not part of the contract that there be additional earnest money, and they have gone out and g otte n more money. Councilman Isaac said he would like to strike 5(a) giving Inf otel an additional 30 days to look at the physical condition of the building. Councilman Isaac said the applicants will have more than enough time to look at the building. Klein said the contract is contingent upon a physical inspection of the proper- ty, but they have to spend money to hire an engineer to do a thorough inspection. Klein pointed out this 30 day inspection contingency is within the 90 days, not an additional 30 days. Councilman Tuite said he likes the proposal; however, the city is committing the property for 90 to 120 days. Councilman Tuite said there is no money in the land fund. The Council would 1 ike to be able to buy the Zoline property. Councilman Tuite said he can sympathize with the opinions of keeping the land but the city needs the money. Assistant City Manager Mitchell said the proceeds of the sale of the Red Roof has to go into the land fund and there will be the same restriction on this money as the sixth penny funds. Taddune said the question that went to the electorate required that the proceeds of the sale of the Red Roof would go to pay off the sale of the bonds. Councilman Gassman said he does not feel this is a saleable property and has been through a succession of owners and has not amounted to anything. Councilman Gassman said he feels Infotel is buying an option in order to sell this property. Councilman Gassman said he is afraid this issue will end up back at Council in 90 days. Councilman Gassman said the earnest money becomes an issue because the city should be compensated for this time period. Mayor Stirling said he has not been enthusiastic about selling this because it has been an amenity for the city's property. Mayor Stirling said the city will not be able to house M.A.A. student s in the future by not having this property. Mayor Stirling said the city paid about $500,000 for this building and made over $1,000,000 on the operation over the years. Mayor Stirling noted once the city sells this property, Infotel can sell it to anyone else and any control is lost. Mayor Stirling said this is not in the best interest of the entire community to sell it. Councilman Isaac moved to adopt Ordinance #24, Series of 1987, with the changes in the purchase contract as made by the city attorney and accepting the earnest money on the staggered payment schedule; seconded by Councilwoman Fallin. 10 R ar - ~~t-i-nu---~------ -__ _ __ _._. _p,e~en City Co u n cri July 13 . 19 8 7 Mayor Stirling asked if the applicants would considered a land lease and purchase of the building. Klein said something could be structured if they were given the same ability to use the property and to finance the proposed improvements. Klein said he is not sure this would get the city what they want. Klein said the lease would need to be at least 50 years. Councilman Isaac said changing this to a lease would set the process back at least 30 days. Taddune told Council the property is still subject to the terms of the election question, which include use and development , t ou r i st accommodation area which may only be replaced with a total of 50 bedroom and a 1 imit on the total square footage. Mayor Stirling moved to amend the purchase agreement with Inf otel partners to include another clause in the contract whereby land lease language will be worked about to the satisfaction of Council. Motion DIES for lack of a second. Councilman Tuite said his concern on a land lease is that the city is financing the operation, which the Council did not want to be doing. Roll call vote; Councilmembers Gassman, no; Isaac, yes; Tuite, yes; Fallin, yes; Mayor Stirling, no. Motion carried. ORD I NAi~- # ~~2---~~-I-E-S---pF---1-9-8 7 - Appropriation s Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #22, Series of 1987, on second reading; seconded by Councilman Gassman. Councilman Isaac said he has a problem with the money spent for vacation pay. Councilman Isaac said the city should have a policy on a cap for vacation pay. Assistant City Manager Mitchell said there is a maximum accrual on vacation, depending on length of tenure. Mitchell said anyone who wishes vacation pay has to make a written request; it has to be classified as an emergency and to be approved by the city manager. Finance Director Cindy Shafer said in order to collect vacation pay, there has to be budget available in the department, and there is not in environmental health. Mayor Stirling said in his private business, it is use it or lose it for vacation time. Mayor Stirling said he is surprised this amount of time can accumulate. It is important that people use their vacation time. Councilman Isaac said he would like to see what other policies of public agencies are. Mitchell said the city's personnel policies 11 Regu1 ar _ Meret-srrg-------- - .-- ----- __A~pen City ~ounc-i July 13 , .1987 are line with other agencies. Tom Dunlop, environmental health department, told Council when he was employed by himself, there was not a lot of opportunity to take vacation. A 1 of of thi s time was accumulated then. Dunlop said the j ob he has doe s not allow him to take all the time off. Dunlop said this is a circumstance provided for in the personnel policy and was probably developed over time as a result of actualities. Councilman Isaac asked about the $385,000 designated f or Maroon Creek hydropower and asked if it has been spent. Ms. Shafer said it has been encumbered and budgeted in 1986 and carried over. The monies were not actually spent in 1986. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Gassman, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE-~i-~--3~R-i-E~--6~`--3-87 - Refunding 1985 Sales Tax Bonds Joe Barrows, Kirchner Moore, told Council the interest rates have decreased. Barrows noted staff has indicated that obtaining $200,000 in present value savings is the threshold for which this does or does not make sense. Barrows said the market is such that this ordinance will result in savings of $214,000 and it makes sense to proceed with this. Barrows said he wanted to review this with the two new Councilmembers and make sure these goals are satisfactory. Mayor Stirling opened the public hearing. Finance Director Cindy Shafer said this refunding also includes $600,000 bonds previously approved but not issued. Mayor Stirling closed the public hearing. Barrows explained everything from 1993 will be left in place and refunding the 1994 to 1999 will be refunded. This gives better interest rates. The interest rate will be 6.5 percent. Barrows said after this meeting, he will f finalize the changes in the ordinance, get the official statements printed, price the issue and negotiate interest rates and come back with a purchase contract and ordinance for the July 27 meeting. Councilman Tuite asked if the life of the bonds is being extended. Barrows said this is shortening the life of the bonds. Barrows pointed out the savings being achieved is all in the front end. This is reducing the amount of the debt service payments for the next 12 months by about $240,000. Councilman Isaac asked if the savings is net of all expenses. Ms. Shafer said yes. Ms. Shafer told Council the city can only refund currently outstanding bonds once more. Part of this bond issue is not being refunded. Barrows said the part that is being refunded cannot be refunded again until 1993. As long as there is an escrow in place, it cannot refunded. Council indicated they are in favor of this ordinance. 12 _ _-~e-cti rna-------_.___ _.__._ p~~p,~ n ~i tv Counc ii July 13 : 1987. Mayor Stirling moved to table Ordinance #17, Series of 1987, until July 27, 1987; seconded by Councilwoman Fallin. All in favor, motion carried. ORDI~AId£E---#i$; -~R~I-E;~- flip-~-3~8-7 - Maroon Creek Hydropower Bonds Joe Barrows told Council is makes sense to market these bonds with the prior issue. Councilwoman Fallin moved to table Ordinance #18, Series of 1987, to July 27,1 987; seconded by Councilman Gassman. Councilman Isaac stated he is opposed to the Maroon Creek hydropower plant. Councilman Isaac said this project does not make economic sense. The city is increasing their indebtedness in the electric fund. The city has an undergro unding project going on now. Councilman Isaac said this hydropower project will create a small amount of electricity, and there is an over- abundance of power available in Colorado now. Councilman Isaac said Council should look at this project and the funding f or it before they approve a bond issue. Councilman Tuite said a conservative pay back on this issue is 5 years. Councilman Tuite noted you cannot time it when you need electricity. This project will enhance the city over the years. Assistant City Manager Mitchell said Council has already approved the project and has committed to High Country to design the project. Bil Dunaway said the initial idea of this project was to save water rights. All in favor, with the exception of Councilman Isaac. Motion carried. aRDI-id~i~CL- -# 2-3 ,---SE-R-iE~-S---aF--~-~87 - Reconveyance of Zol ine Easements Councilwoman Fallin moved to adopt Ordinance #23, Series of 1987; seconded by Councilman Gassman. Mayor Stirling opened the public hearing. Bil Dunaway asked if these will be reconveyed to the city simultaneously. City Attorney Taddune said they will be reconveyed at the same time. Mayor Stirling closed the public hearing. Roll call vote; Councilmembers Gassman, yes; Fallin, yes; Isaac, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORS I NAi~-# 2-~--3~i-E~-OF ~ i~8-7 - R-15 B Z one D i s t r i c t Glenn Horn, planning off ice, reminded Council 3 issues were raised regarding this zone district at their last meeting. Council decided to deal with these issues prior to the annexation 13 Ft+e Q u 1 a-r --M~etrn-cr ____ _~ _--- - ----A~e.n _ ~i tv -Co urrc i i ~u l v- -13 : 19 8 of Aspen Grove/Eastwood/Knollwood rather than waiting until the code rewrite. One issue was the interpretation of dwelling unit, which refers to separate living areas containing a kitchen and/or bath facilities. Horn said there was a f ear that many of the single f amily residences in the area may be interpreted t o be duplexes, and therefore, non-conforming. Horn pointed out this issue is addressed in the intent section of the R-15B zone district ordinance. Another issue is the 8040 greenline review. Most of the annexa- tion areas are above the 8040 elevation line and would have to go through a review process to add or construct a unit. Staff felt the best way to deal with 8040 issue is in the zoning of these areas. Council will zone the areas R-15B and grant 8040 green- line approval to the existing residences in the area for reconst- ruction and additions. Horn said vacant lots in development would be required to go through 8040 review. The final issue is the floor area ratio. Horn reminded Council they requested staff to look at other areas that might be zoned R-15B to see how the proposed FAR would relate to these sub- divisions. Horn said Council has to consider how much they want to tailor this ordinance to accommodate the Aspen Grove areas to or to make the R-15B zoning ordinance applicable to other areas. Horn presented a table showing the different FAR options of .7 to .75. Horn passed out exhibit A to the ordinance showing exactly how the floor area ratio will be calculated. Horn asked Council to clarify what they wanted the height limit to be. Council said it was to be 25 feet. City Attorney Taddune advised that staff find in the ordinance a certain set of facts in existence in this area to fall within the definition of a dwelling unit. Taddune said the notion was to interpret what was existing in the zone district as to fall within the definition of a dwelling unit rather than to change the definition in the code. Council suggested taking out the first sentence. Horn suggested adding "to clarify the def ini- tion of a dwelling unit". Taddune agreed what is conf using is the lead in to non-conforming uses. Steve Burstein, planning office, recommended striking the reference to 24-3.1(f) . Mayor Stirling opened the public hearing. Larry Frederick, resident of Aspen Grove, objected to the FAR calculations proposed in this ordinance. Frederick pointed out the original FAR has been cut down; it would have allowed structures to double in size. Frederick objected to allowing larger FAR as people will build to the maximum, and when these are sold, no local people will be able to afford to buy them. Frederick pointed out Aspen Grove is a nice size neighborhood and 14 R ar ~--i~+~e ----------- ------A~~+e-rr --~i~ty- Caun c-i~. J ~xl ~ _ _i-3 , 1.9.8 is hidden by trees. Frederick said he was under the impression the city wanted to Annex Aspen Grove f or what they already are, and not change them into something else. Frederick said the FAR sliding scale is extremely complicated. Frederick stated he is not in favor of larger houses, and the city should annex each area for what it is. Gideon Kaufman told Council the FAR for this area has been an on- going, evolutionary process. There have been compromises, and the FAR is between that the county allowed and the maximum the city allowed. Kaufman said an FAR of .73 is more in line with reality, and with how the houses are built in the area. Kaufman said P & Z recommended a .73 FAR and it seems to make more sense with split level houses. John Fisher favored the proposed FAR of .7 for the annexation area. John Kelly said the height and bulk are a big concern in these areas. Kelly urged the 25 foot height 1 imit be adopted. Mayor Stirling closed the public hearing. Taddune told Council he was not aware of any 1 itigation in the proposed annexation area. Taddune assumed if a house has a building permit, it is an existing structure the same as a house that is not under construction. Councilwoman Fallin moved to adopt Ordinance #25, Series of 1987, as amended with the changes in Section 1 and Section 2 and the maximum height to be 25 feet, and the FAR to be .7; seconded by Councilman Gassman. Councilman Isaac said Council will be discussing FAR on a city- wide basis. How will this effect the R-15B. Horn said Council will have to take this into account because the FAR is a sliding scale. Councilwoman Fallin said Council will do the FARs by zone, as before. Kaufman said if the Council makes the scale smaller, the FARs for this area will be made smaller. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. QRDi-~P~id~--#~~8- --3`ER•~i~-3--fi~F ---1-9-87 - Annexing Aspen Grove, Eastwood, Knollwood Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #28, Series of 1987, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. 15 Rectal-a-r --Me et in cr- -_____ _--__._._--As~en___C i.tv _-~~un c ~ ~ ul ~ i 3,.~ 19 8 7 QR-D-~N-AN C ~--#-~f ,----5~~ I ~E-B~-~{?F- - -1-9-87 - Zoning Aspen G rove , Eastwood , Knollwood R-15B Councilwoman Fallin moved to adopt Ordinance #26, Series of 1987, on second reading; seconded by Councilman Isaac. Mayor Stirling opened the public hearing. Glenn Horn, planning office, pointed out this ordinance contains the 8040 greenline review. Councilman Gassman said he cannot see the sense of subjecting new structures in this area to 8040 review when all existing structures are exempt. Horn said there are several parcels of land in this area that are particularly visible that should be subject to review. Councilwoman Fallin agreed with Gassman. Councilwoman Fallin moved to amend her motion to delete review for new structures for 8040; seconded by Councilman Gassman. All in favor, with the exception of Councilman Isaac and Mayor Stirling. Motion carried. Councilwoman Fallin moved to adopt Ordinance #26, Series of 1987, as amended; seconded by Councilman Gassman. City Attorney Taddune went over how the ordinance would be amended. Roll call vote; Councilmembers Tuite, yes; Fallin, yes; Gassman, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. (?RD~NANCE- -#~: --S`E~~~--6F----18.7 - Canyon Cable Easements Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #27, Series of 1987, on second reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Tuite, yes; Fallin, yes; Gassman, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. aRD-I-N-AN~E -~--~-. ---gR O~~`-- i-9-~7 - Extending Appeal Period f o r Historic Evaluation Mayor Stirling opened the public hearing. Sally Roach requested Council to vote in favor of this Ordinance. Ms. Roach said the notification period and the general under- standing of what this means to homeowners has not been clear. Homeowners could benef it greatly by the additional time. City Attorney Taddune pointed out this ordinance needs to have a severability clause. 16 - ~r --Mge t-i n-a--~._..------ .__---A~pe.rr_ ~ i tX__C-o a nc 1 July 1 ~ ~ - ..-1--9-8 7 Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #29, Series of 1987, on second reading, with the addition of a severability clause; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Tuite, yes; Isaac, yes; Gassman, yes; Mayor Stirl- ing, yes. Motion carried. REP@R~-$I~- B-iSiC--S~LR~7~`f`30I~~ FROG-RAi~S Councilwoman Fallin moved to table that to July 27, 1987; seconded by Councilman Tuite. All in favor, motion carried. Mayor Stirling moved to move action item VII (c) to current consideration; seconded by Councilman Gassman. All in favor, motion carried. REO-UE~` -T~--U-gE---~I~---PRflP~RT-Y - Day Car e Ce nt e r Mayor Stirling said this is a request to use the ranch house on the Marolt property as a day care center. Assistant City Manager Mitchell told Council the city manager has indicated that the city has not received an offer for use of this house. The city manager is concerned about a for-prof it use on this property. The third concern is the city's commitment to employee housing. This is currently used for residential purposes. Steve Burstein, planning office, pointed out a conditional use would be the appropriate application of a day care center in the R-15 zone, which require P & Z approval. Burstein said the property is designated PUD and SPA, which would require a plan to be sub- mitted. Burstein pointed out the comprehensive plan element for open space depicts that property as largely passive in use. This appears to conflict with the adopted plan. Burstein said the use as a residence is a grandfathered use. Ruth Stone told Council she has a degree in education and has taught in public schools in various cities. Mrs. Stone started the Children's Playshop in 1971, located first in St. Mary's Church then in the lower elementary school. Mrs. Stone reminded Council she has proposed that the old pro shop be used as a day care center. The then Council voted to give the pro shop to Mrs. Stone. Mrs. Stone had a space in the elementary school and gave up the old pro shop. The available space in the elementary school is maximized and a new site is being looked at for the school. Mrs. Stone told Council about 75 percent of the mothers who bring kids to her school work. Mrs. Stone said her school is a way of putting something back into this community. Mrs. Stone said school districts are incorporating pre-school, but Aspen's school 17 a~r - -M - ----- -~--A-sp~n C-i tv-- Co l~ c i l J uv _1.3_,_ _19 8 ~ buildings are maximized. Child care is an absolute necessity for working parents, and many mothers feel forced to work. Mrs. Stone pointed out good child care can result in higher worker productivity. Mrs. Stone said child care is almost completely controlled by government. The education level of staff is controlled, the ratio of children to adult is regulated, the amount of indoor and outdoor space is regulated. These busi- nesses are licensed and inspected. Mrs. Stone said because the GMP has been implemented, this precludes a large amount of vacant space. Day care centers require a lot of space to meet the standards. There can be abuses in overcrowding. Mrs. Stone said the city Council has been responsive to the human problems of living in Aspen in the -areas of housing, transporta- tion, and recreation. The Council has given money to the child care center at the community center. Mrs. Stone reiterated Council gave her the old prop shop in 1982 for a child care center. Mrs. Stone said day care may be becoming an elitist privilege, out of the reach of many employees. Mrs. Stone said the demand greatly exceed the available space. Children are a valuable resource and deserve the standards set up by government. Mrs. Stone said without the desperately needed service of child care, parents will not be able to work and people will have to leave the valley. Mrs. stone said if her schools closes, Aspen will have a crises for at least 40 families. This school is a service which affects these families. Mrs. Stone told Council she has searched diligently but space is expensive and difficult to f ind. Mrs . Stone said her school is good one and offers child care to many at the lowest cost in the valley. Mrs. Stone proposed to use the Marolt house for one year while she continues the search for another property. Mrs. Stone said Council must decide the best use f or this property. Would it be better served f or use by one family for employee housing, or for serving 40 families for day care so the parents can be employees. Mrs. Stone said there are two choices; to encourage her as a private enterprise to f ulfill this need or to prepare Council to face the responsibility for this service. Mrs. Stone requested Council's help in this proposal. Mayor Stirling moved to direct the city attorney to negotiate a one year lease for the Marolt house for Ruth Stone's playschool and bring back to Council as soon as possible; seconded by Councilwoman Fallin. Mayor Stirling asked if the building is suitable to meet state requirements. Mrs. Stone said the building is suitable; she may have to have a provisional 1 icense because there are not two toilets on the main floor. Mayor Stirling asked if the applicant 18 _ a _...~~1 ~__.__.______ ~ ~p~n__-City -Co~un-c~ i July. i 3 , _ ~i~_9-87 was prepared to handle the maintenance and upkeep on the build- ing. Mrs. Stone said she is. City Attorney Taddune pointed out the rental rate last year was the rate for residential housing in the community with a credit for improvements made. Mayor Stirling suggested the lease be equivalent to what the house would have been rented for, and no less than 5600 or $650 a month, with ample security allowed for and a damage deposit. Councilwoman Fallin asked if the intention is that this be exempt from P & Z review. Steve Burstein, planning office, said thi s could be reviewed by P & Z in August. Councilman Isaac said P & Z has to review the conditional use. Councilman Gassman said he has a problem with making significant land use decisions in an ad hoc basis. Councilman Gassman said the question is is this use that the city bought the Marolt property for. This should be discussed through P & Z hearings and bring into a public forum the concerns of the public. Councilman Gassman said he has a problem with short circuiting the P & Z. Councilman Tuite said the city did not buy the Marolt property to have a day care center on it; however, this is a serious problem in the community. Councilman Tuite said if Council cannot help on a temporary basis, it will fall onto the city in a greater need in the future. Mayor Stirling pointed out the city has not yet put into implementation a plan for the property, and an interim use like this is in keeping with the general intent. Councilman Isaac asked what the city could do to plan beyond a year lease. Mrs. Stone submitted to Council a list of properties she has made proposals on; some of these are still possibilities but not by September. Mrs. Stone said she cannot say this problem will not exist a year from now, but would like one year to continue looking. Councilwoman Fallin stated this is an interim solution for one year. The city has not done anything in the past year to plan the Marolt property. Councilwoman Fallin said the house needs to be occupied to prevent vandalism. Councilwoman Fallin said she hopes within the year to be able to help work on the day care solution. Mayor Stirling said the city could look at allowing some incentives in certain zones if day care were the use. Councilman Tuite said if Ruth Stone can find some other solution during the year, that she can be released from the lease without penalty. All in favor, motion carried. Steve Barnett stated it will be virtually impossible f or private providers to be able to take care of children in need in this community. Barnett said the Council and Commissioners should come up with a planning committee to begin to address this task and look at it in a longer term manner. 19 Re-qu 1 ar -Meet i-ng------_--~s~pe.rr_~ity-- C~urnc i duly _ 1-~ f -i 4~7 NC~-PT~~--~A - Rubey Par k Glenn Horn, planning office, said this application is for conceptual approval of the SPA submission from the Roaring Fork Transit Authority for Rubey Park and a growth management quota system exemption for an essential public facility. Horn told Council P & Z has recommended approval with some changes. Horn said this proposal addresses improved pedestrian and transit circulation on site, improved waiting facility, transit informa- tion and improved landscaping in the parking and pedestrian area. Horn presented two plans, the original site plan submitted by RFTA to P & Z. Based upon review by staff and P & Z, RFTA submitted a revised site plan. Horn stated Rubey Park has to provide three basic functions to the community; the bus terminal, the pedestrian entrance to the downtown area linking the bus terminal to the downtown mall, and parking on site. Horn said Rubey park as an entrance to downtown is important and should be emphasized. Horn said currently there are 41 parking sites at Rubey park. Horn pointed out when one function of Rubey park is enhanced, it represents a trade off of another function. Horn said when the landscaping and pedestrian access is enhanced, there is a trade off in the decrease in parking. Horn pointed out in the first plan, showing bus storage, there are 21 parking spaces on-site. The new site plan reduces the parking to 11 spaces. RFTA has sought to balance the three functions taking place at Rubey park. The P & Z and staff were critical of the first plan as they felt there was an over abundance of ski bus storage. Horn said staff and P & Z felt it was important to have a direct pedestrian link with the downtown malls to the bus terminal. Horn said RFTA's budget does not allow them to make improvements to the mall connections; however, staff feels it is very important f or these improvements to be made in the future. Staff recommends the city work with RFTA to implement the mall improvements in this construction season. Horn said Council will have to deal with the reduction in parking spaces. Horn explained the reason for skier bus storage on-site is so that RFTA does not have to take an empty bus back to the barn and store it, pay the driver and gas, and have the impres- sion of any empty bus on the highway. RFTA stores buses at Rubey park so they are there when the skiers need trans port bac k t o Snowmass. This is a cost savings to the community in terms of bus operations, but represents a cost to the community having buses in the middle of Rubey park. This also effects some residences to the north of Rubey park. Horn said staff original- ly felt there should be no bus storage at Rubey park. Staff does recognize the need of RFTA to operate within a certain bud get. 20 -Crty--f,`6urrc i-i J txiv -13 . _.~ 8~ Another aspect of the bus storage is parking. Horn noted whe n staff did the transportation element comprehensive plan, it was envisioned there would be a loss of parking at Rubey park. Horn presented a letter representing the property owners north of Rubey park. The final issue is the marquis with a clock in it. Horn told Council P & Z was split on the marquis, but the majority liked the clock tower. Horn said this may have become a moot point because it will be eliminated due to budget con- straints and the clock placed in the building. Horn recommended approval of the SPA conceptual plan as well as the GMP exemption for an essential public facility. Bruce Abel, RFTA general manager, said RFTA is attempting to address three specific areas in Rubey park. One of these is as a passenger waiting area amenity. This is a building related phase of the project. Abel said RFTA would like to be able to provide greater covered, heated passenger waiting area. The second area is traffic flow to improve the flow and the safety of the pedestrians. The third area is to better integrate Rubey park into the present pedestrian mall system. Abel noted the proposal shows some improvements located off the Rubey park site itself to try to integrate Rubey park into the pedestrian system. Abel told Council there had been some discussions with the lodge improvement district to see if they could provide funding for these off-site improvements. Abel stated with the budget for Rubey park, and the status of the lodge improvement district, they are in need of finding alternative funding sources for the off-site improvements. Abel said due to budgetary constraints, the clock tower will no longer be free standing but will be incorporated into the building as a landmark feature. Abel told Council P & Z's initial concern was the number of vehicles parked in the parking area. Abel said bus storage o n site saves between 525,000 and $30,000 in deadhead costs and also provides flexibility to meet passenger demand during the ski season. Abel said these buses will only be parked during the mid-day period. Councilman Isaac asked if some buses are stored at Snowmass during the day. Abel said there is only a staging area at Snowmass; there is no physical area to store buses. Augie Reno, architect, showed Council the queuing areas for Snowmass, Buttermilk and Highland ski buses. Reno pointed out how this plan would integrate with the mall and the use of bricks. Abel said with the bricks donated from the city's inventory, the work to do this integration would be 545,000 to 565,000. Abel showed an improvement of this pla n is that pedestrians will not have to traverse a parking lot but will use loading islands. Each bus will have its own stopping location. 21 Reau-l-ar-Me~tirrc~-.~.____ _..~_-~i-tv.._~xnc-i ~~ly _1_~._ 198 Councilman Gassman asked if the alley is used for the bus operations. Abel said the alley is currently used for bus operations; the new plan is creating a traffic flow that will not use the alley except on the east side as an exit. Councilman Gassman said this alley is used like a street and should perhaps get more attention in this plan. Abel said they have not proposed doing anything to the alley other than create traffic flow that avoids the use of the alley. Councilwoman Fallin said the other vehicles impact this alley, and the alley cannot be cut off from service vehicles because the mall is on the other side. Mayor Stirling agreed mall ing the alley i s not a good idea. Mayor Stirling said he has a difficulty with storing buses on the Rubey park site. Councilman Isaac said he would like to see half the buses stored at Snowmass. Horn said an alternative is to stop at the bus barn rather than bringing them back to Rubey park. Abel reiterated this plan is storing half the number of buses on site than are presently stored at Rubey park. The other other solution would be to use Rio Grande for storage. Mayor Stirling opened the public hearing. Andrew Dracopoli, representing adjacent property owners at Park Place, said they welcome the plan but would like to see the buses stored at the Rio Grande. Dracopoli suggested malling the entire alley and delineate a passenger walkway on the north side of the alley along the buildings. There is a lot of pedestrian traffic in the alley. Dracopoli said another major concern is the drainage in the alley. Rubey park drains into the alley, runs north, and in the winter freezes up by McDonalds. Dracopoli said when Rubey park is improved, the grades should be redone in that alley. Dracopoli said the residents would like to see some mall type lighting in the alley. Councilwoman Fallin moved to suspend the rules and continue the meeting to 9:30 p.m. and continue the rest of the items to July 16, 1987, at 5:00 p.m.; seconded by Councilman Tuite. All in f avor, motion carried. Jim Pavisha, Aspen Mountain Lodge, said they are in favor of the improvements at Rubey Park. They would also favor opportunities to improve street grades and sidewalks in the area. Jeannie Cane said it would be a shame to totally pave Rubey park and take away all the landscaping and trees. Ms. Cane said she favors a sidewalk on the south side of the building in Rubey park. Reno stated the plan will re-utilize all vegetation on site and represents the same amount of trees. Dwight Shellman, RFTA board, pointed out this is a good plan, and they are on a very tight schedule to get the improvements done this year. Karen Day, resident, said there is a dangerous drainage problem in 22 ~N+te~~tizrcr-- ~---~s~rr~---Ci-ty--Coun~ii J. -u~y__-1-3 .--- X987 Rubey park and people could easily slide under a bus. This should be looked at very carefully. Councilman Isaac said he feels the depot building is too small for the amount of people being moved in this area. Councilman Isaac said the building should be built so that it can be expanded at a later date. Councilman Isaac said the toilet facilities are vastly inadequate. Councilman Isaac said this facility will serve Trailways, and it appears the building is too small. Abel stated they do need to provide restroom facilities; however, the primary function is to provide a transit facility. Abel said they made a decision to provide the size of restroom that is manageable yet provide service for people who need public facilities. Abel told Council the depot size will provide 3 or 4 times more than is currently there, and will handle two waiting buses. Abel said this is adequate for their operation. Reno pointed out the indoor seating on the east and west wings of the building. There is also exterior waiting under the eaves of the roof, which gives a greater capacity. There are also seating areas around the planters, although these are not indoors. Mayor Stirling moved to continue the specially planned area conceptual review for Rubey park until July 16, 1987; seconded by Councilman Isaac. All in favor, motion carried. L ~Q U@R--L Efi~~ - Pa r ag o n Councilwoman Fallin said since she has been on Council, she has had numerous contacts about what can be done about the Paragon and serving underage kids. Councilwoman Fallin said last year she had a complaint that an employee, under 21, was serving alcohol, which is blatantly illegal. Councilwoman Fallin said she has a letter from Larry Parsons, the principal at the high school, who has also had problems. Stephen Barnett, represent- ing Aspen Substance Awareness Project, told Council their purpose is to be a focus for community action for awareness of the problems and to help address the problems. Barnett told Council the Paragon was a participant in their training program for restaurant and bar owners. Barnett said this training program is clearly not enough. Employers are the only people that can monitor serving of alcohol to underage kids. ASAP is proposing follow up training programs and wants to help bars and restaurants. Ted Koutsoubos, Paragon, said he is more than willing to listen to complaints. Koutsoubos told Council he has doormen checking identification. Council- woman Fallin said she wants it on the record this Council is strongly against serving minors. Koutsoubos said they do not knowingly serve minors. Councilwoman Fallin said she would like the applicant to make a commitment not to serve minors, and t o 23 r__ _,.._ - Sri-_-~-ity---e-otzn-c-i.l Jtxly__18-~---1987 work with ASAP on alcohol free nights. Koutsoubos said the Paragon has done homecomings and parties for the schools. Koutsoubos said he does not feel alcohol free nights are a solution to a problem as kids become used to going to bars Koutsoubos told Council the Paragon had the largest participation at the ASAP program. John Fisher, teacher as Aspen High School, questioned whether kids are carded at the door. The manager told Council they have training of all employees on carding identification. The manager told Council the confiscate and turn into the police fake ids. Barnett said there is a discrepancy here, and this needs to be addressed. Koutsoubos said he would like feedback about specific incidents. Mayor Stirling moved to suspend the rules and meet for 15 more minutes; seconded by Councilwoman Fallin. All in favor, motion carried. Councilwoman Fallin said Council should encourage the police department to step up enforcement, that they check ids more frequently, and to work with ASAP and with the schools. Mayor Stirling said there is not an attractive alternative in the community for kids at this point, and kids are drawn to the downtown area. Councilman Isaac asked if Koutsoubos would be willing to get involved with ASAP and the community. Koutsoubos said he would. Councilwoman Fallin said this is a community problem and everyone has to work together to solve it. Councilman Isaac moved to renew the liquor license for the Paragon; seconded by Councilman Tuite. All in favor, motion carried. P~R~i-A-S E - ~E---P~PF-~2Ty Mayor Stirling said this is a unique opportunity for the com- munity. One of Council's goals is a more clear open space strategy. Assistant City Manager Mitchell said the auction on this property is scheduled for Sunday, July 19, 1987. Hal Clark, representing PCPA, said he has been talking to Joe Zoline over the past months. Clark told Council the city, county or parks association has been trying to buy this property for at least 16 years. Clark said he feels this is the time to buy it; there is a lot of risk involved in letting this property go to auction. Clark said Zoline is willing to give back to the community some of the money he gets on the sale. Clark said this property has been listed for $1,850,000 and people think it is worth about $1,300,000. Clark said this is his personal highest priority for open space, and this parcel 24 ar --Me-eti~na _____.. __~ she n -.~itp-_ ~~tm c ~ ,~3~ - -1 ~-,-- -1-9~8 7 compliments and finishes the open space program for the city of Aspen. Clark said this property is below the highway, is visible and a beautiful open meadow. Councilman Isaac asked if PCPA is willing to contribute. Clark said PCPA has an endowment, and they use the interest to run their operations. Clark said he would be willing to ask the Board if they will contribute to the purchase of the Zoline property. Mayor Stirling moved that Council offer $1,000,000 as an initial offer to Mr. Zoline to purchase his property and to instruct Ron Mitchell to begin negotiations under options 1 or 2 and report back to Council July 16; seconded by Councilman Tuite. Mitchell said he would 1 ike to have some parameters from Council to work with in negotiations. Mayor Stirling withdrew his motion. Mayor Stirling moved to consider the purchase of the Zoline property and begin to work toward that end; seconded by Council- man Tuite. All in favor, motion carried. Francis Whitaker strongly urged Council to follow up on this motion and to direct the staff to negotiate f or the purchase of th i s property . Th i s w it l complete the open space approach to town. Joy Caudill said this is the last chance to purchase this property. Mayor Stirling said this seems the opportunity to buy it at a rate not competing with a developer. Councilwoman Fallin moved to approve the consent agenda; seconded by Councilwoman Fallin. The consent agenda is special event permit - Jailhouse Rock II. All in favor, motion carried. Councilwoman Fallin moved to go into executive session; seconded by Councilman Isaac; All in favor, with the exception of Mayor Stirling. Mayor Stirling moved to continue the meeting to Thursday, July 16 , 1987 , at 5: 00 p. m. ; seconded by Councilman Isaac. All in favor, motion carried. '~ ~~ 1 Kathryn S. Koch, City Clerk Council went into executive session at 9:55 p, m. 25