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HomeMy WebLinkAboutminutes.council.19850528~l,u~**u~ ~*~u~*~ aspen u~y uouncli June 3, 1985 3. Councilman Collins brought up the planter at the west end of the Cooper avenue mall ~ and said he did not think the planter was included in the lighting program for the mall. ~ Assistant City Manager Mitchel said this is part of the lighting program and is being paid out of the electrical fund. 4. Mayor Stirling said the Music Associates of Aspen called and requested some time on Council's and will later to make a proposal to Council. agenda appear 5. Mayor Stirling asked if the Red Roof Inn is going to run an operation this summer or what can the city do to have a food and beverage operation for this summer. City Manager Schilling told Council, Red Roof told him they would do an outdoor food and beverage operation. City Attorney Taddune said the lease does not compel Red Roof to maintain a food operation. Mayor stirling asked if the city needs their permission to bring someone else in. Taddune said as long as Red Roof maintains their obligations under the lease, the city needs permission. Red Roof Inns have indicated they intend to maintain the building. Taddune said Red Roof Inns would have to consent if the city wanted to bring an operator in. Mayor Stirling asked the staff to contact Red Roof Inns and find out what is going on. 6. Mayor Stirling said June 17, 1985, will be a work session on annexation and the inter- national partner ship. 7. Mayor Stirling said Perry Harvey, chairman of P & Z, has resigned. Mayor Stirling said Harvey has done an excellent job and worked very hard on P & Z. Mayor Stirling said the Council and the town appreciates Harvey's work. There are now two opening on P & Z, and the city clerk was directed to advertise these opening. 8. Mayor S~irting said the fire department dinner is June 8th sponsored by the Council and Council is invited. 9. Mayor Stirling said the first reading on the smoking ordinance will be June 24; the second reading on the water rate increase will be June 10th. 10. Mayor Stirling asked for a report on the Aspen mountain mudslide. Jay Hammond, city engineer, told Council he has the city manager will be meeting June 4th with representatives from Chen, Aspen Mountain lodge project, Colorado Geologic Survey, Ski Company. This meeting will discuss status of the monitoring, what further monitoring needs to take place, indication that the project is adequate. Hammond told Council Chen has had some results, they have done some additional drilling. Bil Dunaway, Aspen Times, said he has heard this will be a closed meeting and city officials should not be attending a closed meeting. Hammond said the meeting has been set up by the Aspen Mountain Lodge as the clients and they have determined who will be at the meeting. City Manager Schilling said this is not the city's meeting. This is a staff meeting from which a report will be made covering the issues. Colorado Geologic Survey will attend so the city may be reassured that the work being done is adequate, that the measurements are proper. Dunaway said anytime the city does things, it has to do it in a public manner. Mayor Stifling agreed this is a topic of community-wide interest, having to do with the health, safety and welfare of the city. Hammond said the applicants want the consultants to feel free to speculate, any report to the public will be factual. Dunaway said he would like the Council to take action that if city officials attend this meeting, that the public is allowed to be there. Councilman Knecht moved that the Mayor contact the Aspen Mountain Lodge and tell them the Council is concerned about city staff participating in a closed meeting; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Blomquist. MOtiOn carried 5aramond said he will call the lodge project and report back to Council. PENNE, HORN DAVID UNIT Colette Penne told Council they have decided to sell their half duplex on Cemetery Lane. Ms. Penne said they gave notice to the city on April 27 of their intent to sell. Assistant City Manager Mitchell has been formulating the price of the duplex. In the contract, the appreciation amount was set at the Denver consumer price index, all items, or 7 percent, whichever is less. Ms. Penne said there is no qUestion it will be less than 7 percent. There is not a Denver cpi, all items, per se. The Denver cpi has two categories, clerical and blue collar wage earners and all urban wage earners. Ms. Penne said they have met with the staff to determine which cpi would be used. Ms. Penne said the duplex owners assumed one amount, and the staff calculated at the lower amount. Assistant City Attorney Barry Edwards asked if the duplex owners could indicate the intent at the time the contract was formulated. Ms. Penne said there is nothing in writing about which cpi to use. Ms. Penne said they contacted their attorney and the then-assistant city attorney. The then-assistant city attorney Gary Esary agreed the intent was to use the broadest index. Ms. Penne said they feel the broadest index would be all urban wage earners rather than blue collard and clerical wage earners. Ms. Penne said until this is resolved, there is no firm price for the half duplex. Ms. Penne said the contract allows for arbitration if there is a discrepancy in the price. Ms. Penne said the housing office is willing to be the objective party for arbitration, if necessary. Alice Davis told council they would prefer not to arbitrate for timing reasons. Ms. Penne told Council the difference in the two prices is $5,000. Ms. Penne said when the city staff has figured the sale prices on the duplexes in the past, it has always been 7 percent. This was under a different contract. Ms. Penne told Council Larry Thoreson called the office of the cpi and has been using the lower index. However, no one knew there were different indices. Mitchell told Council the staff has consistently used the Denver cpi wage earners and clerical workers in all calculations in all sales; Freers, McArthur, Chapman and McClung. Mitchell said the staff did not know this was a sub-category, but it is the one consistently used. Mitchell recommended Continuing with this sub-category. Mitchell said when the contract was prepared for this unit, that was the intent of staff. Mitchell said the price based on the cpi category used in the past would be $147,914, and under the other index the price would be about $152,000. ~ontinued Meetinq Aspen City Council June 3, 1985 Ms. Davis said Gary Esary, who wrote the contract, intended to use whichever index is most all encompassing and more reflective of inflation. Ms. Davis said wage and clerical earners represents 20 percent of the population and all urban represents 80 percent of the population. The categories listed under all urban cpi includes people like Penne, Horn and Davis. Ms. Davis said the former contracts have nothing to do with their contract. Ms. Davis said there are three different contracts. Ms. Penne pointed out that Gary Esary specifically put in the contract Denver cpi all item. Ms. Penne said when she called Esary he said there is definitely that index, and Esary said if there is not, it should be the one that is most broad. Mayor Stirling suggested this as an agenda item for June 10th. Mitchel said either party can ask for arbitration. Councilman Knecht said this should go straigh to arbitration. Taddune said his contract is tied to the housing index in Denver. Councilman Knecht suggested this be turned over to the housing authority board. Ms. Davis said the contract states a mutually agreed upon arbitrator. Mitchell said if an arbitrator cannot be agreed upon, each party picks an arbitrator and those two people chose a third person. Council discussed possible arbitrators. Ms. Penne Said the duplex owners would like the notice of sale to go out as soon as possible. Councilman Blomquist moved that the city agree to Jim Adamski, housing director, as arbitrator, Subject to the approval of the duplex owners; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Knecht. Motion carried. HOTEL JEROME PUD AGREEMENT Councilman Collins stepped down due to conflict of interest. Councilman Blomquist moved Council acknowledge that the PUD can be phased and to corroborate Alan Richman's opinion; seconded by Councilwoman Walls. Mayor Stirling asked if there are precedents for phasing planned units developments. Alan Richman, planning director, said there are. Mayor Stirling agreed this is in the best interests of the community. Mayor Stirling said doing the project in this way means the obligations under the PUD agreement would not become requirements under the first phase. Richman told Council all the growth impacts are aSsociated with the seCond phase. Taddune said Richman's letter was based on the definition of renovation such that the development will not create added square footage or would change the uses in the hotel and would not create an impact on the site or on the community. The letter was based on the understanding there would be a request for an amendment to the PUD to clarify the renovation as it relates to the PUD. All in favor, Councilman Collins abstains. Motion carried. ORDINANCE #8, SERIES OF 1985 - Smuggler Agreement Mayor Stirling opened the public hearing. City Attorney Taddune told Council Brooke Peterson, representing the homeowners, would like to discuss some details with the city staff and requested this be continued. Mayor Stirling moved to continue the public hearing and table this until June 10, 1985; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~16, SERIES OF 1985 - Historic Designations Mayor Stirling opened the public hearing. There were no comments. Mayor Stilring closed the public hearing. Councilman Knecht moved to adopt Ordinance #16, Series of 1985, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Walls, aye; Collins, aye; Knecht, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~18, SERIES OF 1985 - Trails Agreement Mayor Stirling opened the public hearing. City Attorney Taddune said the county attorney is recommending some changes, and this ordinance does not include these changes. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt Ordinance ~18, Series of 1985, on second reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Collins, aye; Blomquist, aye; Knecht, aye; Walls, aye; Mayor Stifling, aye. Motion carried. ORDINANCE #21, SERIES OF 1985 - Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance ~21, Series of 1985, on second reading; seconded by Councilman Knecht. Mayor Stirling said there is an appropriation to move the trolley card, and the trolleys have not been moved. Assistant City Manager said Council also approved money to update the trolley study, and there is information which may affect moving the trolleys. Finance Director Sonfield told Council there is $10,000 left in the contingency fund at this point. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Blomquist, aye; Walls, aye; Mayor Stirling, aye. Motion carried. MUSIC ASSOCIATES OF ASPEN REQUEST Ford Schumann, M.A.A. Chairman, requested the city and county to undertake an emergency study to decide whether the community can afford to have the M.A.A. or afford not to have the M.A.A. The M.A.A. celebrated its 35th birthday in Aspen last year. The love affair between the City and the M.A.A. started as a symbiotic relationship between the musicians and the citizens. The M.A.A.'s early budgets were no higher than $200,000 to $300,000. Aspen ul~y uounca- ~une 3, 1985 The faculty and artists contributed most of their services. The citizens responded with volunteer services and virtually free housing. Schumann said the M.A.A. has become the second largest business ~n Aspen and generate over $12,000,000 in revenue to the community. The M.A.A. as the third largest performing arts entity in Colorado, and has a budget of over $3,000,000. Schumann said it appears the symbiotic relationship no longer exists in this more aggressive commercial environment. The artists and faculty are faced with the lures of many new and better financed sumraer music schools. The M.A.A. is paying the artists and faculty less %hah 50 percent of comparable rates. Schumann said this cannot continue over the next 35 years. The M.A.A. will have to proivde more in compensation and other amenities to the faculty and artists. Competitive schools can provide better faculty compensation, scholarship programs that are better, and dormitories, rehearsal and performance facilities far superior. Schumann said artists perform in a tent that was beautiful 25 years ago but ~s now an accoustical disaster. The campus has deteriorated 5o a state that is approaching terminal disrepair. The faculty is often faced with sub-standard and non-affordage housing during their stay. The students have no dormitory-style campus facility within which they can generate the energy so important to an academic endeavor. The coramunity gives numerous volunteers but this does not help the M.A.A. with the financial problems of the future. The city gives the M.A.A. $25,000 plus bus services and the business community gives $105,000. Schumann said the M.A.A. almost went broke paying $400,000 for half the cost of providing water and sewer on campus. Schumann said if the M.A.A. ~s to survive in Aspen for another 35 years, it must have major input of capital from the community that is benefiting from all of the volunteer efforts. The M.A.Ao as a non-profit organization, cannot generate capital of the magnitude required for the physical infrastructure vital to the operations. Schumann said the M.A.A. needs more land near the tent. There is an opportunity for the city and county to permanently provide to the M.A.A. the areas whiCh they leage with additional required areas in the academic parcel and Meadows area that have previously been reserved for future commercial development. The M.A.A. needs a new tent or another auditorium technically appropriate. The M.A.A. needs to upgrade the classrooms and rehearsal facilities as well as having proper living accommodations for the students, faculty and artists. Schumann said the M.A.A. needs a return to the spirit of balanced cooperation and can no longer provide without being provided for. Schumann said all of this will require a ma~or capital investment on the part of the community and the city must take the lead. Schumann told Council 65 percent of the visitors who come to Aspen during the summer attend one or more concert. Schumann questioned if the community could exist without the $12,000,000, without international interest and without the vitality and enhancement. Schumann said the M.A.A. is a non- profit organization and a group of volunteers who expend their efforts for the benefit of this community. The M.A.A. does not wish to leave Aspen, but cannot keep the artists and faculty in Aspen unless Aspen truly wants ~o keep them. Schumann said the M.A.A. needs leadership in this community to treat the concerns of the M.A.A. an a manner that is at least as expeditious as those involving ski lifts and hotels, and request the Council and Commissioners to take the leadership ~n addressing these concerns. Councilman Blomquist said several years ago task forces were formed to look at the Wheeler, the art museum and the community center and this could be done again. Schumann said the long ~erm concerns of the M.A.A. are very vital, and it is survival at this stage. Marty Flug said there are many solutions and many procedural approaches to those solutions, and they would like the elected officials of the community to come up with the appropriate suggestaons. Councilman collins said the direction should come from the M.A.A. in ~erms of needs and programs. Councilman Collins said the city needs to have the parameters of the study, historical data, and the goals everyone wants to achieve. Mayor Stirling said the M.A.A. has pointed ou~ the areas of inadequacy, and it is incumbent upon the community to decide whether they are goang to respond in concert with the M.A.A. Mayor Stirling said he has been pursulng the concept of a cultural center on the Meadows property. Mayor Stirling said this discussion should be pursued to determine what Council wants to do and to have some specific suggestions. Councilman Knecht said this seems likes transferrang the energies from the M.A.A. to Council, and as a result the energies might be lost. Schumann said he hopes Council will assume the energies because the represent the community. Councilman Blomquist said he would like the housing authority to study the potential housing solution for M.A.A. students and faculty. The Council can address the land question. Council agreed to put this on the June 24, 1985 agenda, and to have a work session with the M.A.A. June 17th. Jay Hammond, city engineer, told Council he called the project manager for the Aspen Mountain Lodge project, and they are not inclined ~o turn tomorrow's meeting into an open meeting. This is a business meeting. The Aspen Mountain Lodge is paying the costs of this meeting as the clients. Aspen Mountain Lodge as willing to have the representa- tives meet with the press and public in a press conference later on an the day. ORDINANCE #28, SERIES OF 1985 - Bonds for Electric Improvements Mayor Stirling opened the public hearing. Finance Director Sonfield said she would like the public hearing continued to June 10 as she is waiting for insurance on the bonds. The bond market is in the city's favor, and should continue to be ~n the city's favor. Jay Hammond, city engineer, said the staff is getting some preliminary enganeering figures and will bring back to Council in August the specific~eas for undergrounding and the costs. The monies from the bond will be spent over the next three years. Mayor Stirling moved to continue the public hearing and table this item to June 10, 1985; seconded by Councilman Blomquist° All in favor, motaon carried. ORDINANCE #30, SERIES OF 1985 - Koch Lumber Subdivision Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt Ordinance seconded by Councilwoman Walls. City Attorney Taddune said the staff has decided to make the property exchange by special warranty deed. Taddune said he is discussing whether to underwrite the cost of title insurance for the full amounts of the parcels. Roll call vote; Councilmembers Blomquist, aye; Knecht, aye; Walls, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~31, SERIES OF 1985 - Amending Bond Ordinance ~72, 1982 Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #31, Series of 1985, on second reading; seconded by Councilman Knecht. Finance Director Sonfield said consent must be obtained from the purchasers of the bonds which has not be obtained but will be done by July 1, 1985, when the sales tax will be effective. Roll call vote; Councilmembers collins, nay; Walls, aye; Knecht, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. REQUEST FOR EXTENSION OF GMP ALLOCATION - Carriage House Lodge Alan Ri~hman, planning director, told Council this is a request to extend a growth management allocation. June 1, 1985 is 33 months from the date of the original submission of the application, when the applicant should have a building permit. Richman told Council they may grant an extension if there is good cause or this is in the best interest of the community. Richman pointed out this property has been tied up in the Cantrup bankruptcy. The applicant has been working with an architect to make a project which is reasonable and which meets the obligations of the growth management application. Richman said he feels it is in the best interests of the community to extend the date in order to get a better application. Councilman Blomquist moved to approve an 180 day extension; seconded by Councilwoman Walls.~ Dave Gibson told Council this property is 15,000 square feet and the application was for a 31 unit lodge with 5 employee units, which falls within the permissible zoning. Gibson said they will observe the floor area ratio, the distribution of uses, the open space, and the parking in the spirit of the original application. The plan to amend the design and keep all units on site rather than transfer 5 units off the property. All in favor, motion carried. RESOLUTION #8, 1985 - Entrance to Aspen Tom Baker, planning office, said the staff feels including some "whereases" which address the efforts of the community are crucial to fulfilling the intent of Council. Baker presented all three drafts and compared them for Council. Mayor Stirling said paring the resolution down is the right direction as well as eliminating some of the history which is not appropriate to the recommendation. Mayor Stirling agreed that the third draft is too spare and recommended adding three "whereases" back into the third draft. These whereases include references to all the work done by staff, the traffic committee, Council's public hearings, and the election in November 1984. Mayor Stirling said that exhibit B, the list of community guidelines, should not be included or if they are included change the title to P & Z and traffic committee recommendations. Councilman Blomquist said he would prefer not to send exhibit B. Council agreed. Mayor Stirling moved to pass Resolution ~8, Series of 1985, by adding 3 additional whereases; seconded by Councilman Blomquist. Councilman Collins requested changing "forward 2 highway alternatives" to forward at least 2 highway alternatives. Council agreed. Councilman Collins asked that the language be changed to "studying this from August 1984 through March 1985U Council agreed. All in favor, motion carried. APPLICATION FOR NEW LIQUOR LICENSES - Continenal Inn and Aspen Meadows Mayor Stirling opened the public hearing. City Clerk Koch reported the file, posting and publication to be in order. Georgia Taylor, the applicant, told Council these are new licenses because the Meadows has been a Tavern license and the entire Continental has not be licensed before. In order to have more than one liquor license, they have to be hotel and restaurant liquor licenses. Ms. Taylor said they plan the same type of operations as before but would like to offer room service. Ms. Taylor told Council the licenses are in her name so as to be operable for the summer but the plan is to form a corporation and transfer these as soon as that is accomplished. Ms. Taylor has a lease from Aspen Mountain Joint Ventures. Mayor Stirling asked for opponents to the licenses. There were none. Mayor Stirling closed the public hearing. Councilman Knecht moved to approve the issuance of hotel and restaurant liquor licenses for the Aspen Meadows and Continental Inn to Georgia Taylor; seconded by Councilman Blomquist. All in favor, motion carried. ~v~u~l~u~u t.l~ng Aspen City council June 3, 1985 ~ CONDOMINIUMIZATION Butera Duplex Alan Richman, planning director, said this is a new duplex located at the Aspen Club and the request is to condominimize the duplex. There have been no tenants and the staff recormmends expedited review. Richman said the only issue is the six month minimum lease requirement, which the applicant has requested to be exempt from. Richman told Council the applicant argues that the Callahan subidivision was approved before the slx month minimum lease requirements and the existing units are short term. Council could find this is an area where short terming is accepted. Richman said he would recolramend against this as the six month minimum lease provisions were put in place to insure that short terming across the city did not increase. Councilman Blomquist moved to grant subdivision exception for the Butera duplex subject to the two conditions in the planning office memorandum of May 13, 1985; seconded by Councilwoman Walls. Andy Heckt, representing the applicant, said the Callahan subidivision is a PUD and was approved for 34 units. Hecht said this subdivision was never intended for people to live there six months. Hecht said he feels the six month minimum lease requirement for this site is unfair and unreasonable. Councilman Knecht agreed with this, and pointed out the Council has discussed eliminating the six month minimum lease requirement. Councilman Knecht said if this duplex was built with the original Aspen Club condominiums, it would not have this requirement. Councilman Blomquist said Council should amend the law, not exempt this duplex. Mayor stifling said it does not make sense to place the restriction on this duplex in light of the short term uses adjacent to the duplex. Mayor stirling said the six month minimum lease restrictions make sense in purely residential areas. Hecht said this is a exception and Council is permitted to make exceptions. Having a six month minimum lease restriction would be a change in the character of this development. Councilman Blomquist said if there are going to be exceptions to this requirement, there should be criteria to judge these exceptions. Mayor stirling said it is unlikely that local residents will purchase these duplexes at the prices they will be sold, as well as being located right next to short term condominiums. Dick Butera said the criteria for the exemption would be to keep the neighborhood consistent and this entire area is being short termed. Councilman Blomquist withdrew his motion. Councilman Knecht moved to approve the subdivision exception for the Butera duplex eliminating the six month rental condition and keeping the first condition in the memorandum; seconded by Mayor stirling. All in favor, with the exception of Councilmembers Blomquist and Walls. Motion carried. (Councilman Kneckt left Council Chambers.) ORDINANCE #29, SERIES OF 1985 Appropriations Mayor Stirling moved to read Ordinance ~29, Series of 1985; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE ~29 (Series of 1985) APPROPRIATING GENERAL FUND EXPENDITURES OF $26.750; RECOGNIZING LAND FUND REVENUE OF $280,000; APPROPRIATING LAND FUND EXPENDITURES OF $295,000; TRANSFERRING $24,250 FROM THE LAND FUND TO THE GENERAL FUND; TRANSFERRING $28,000 FROM THE LAND FUND TO THE WHEELER TRANSFER TAX FUND; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $28,000; RECOGNIZING ICE GARDEN FUND REVENUE OF $2,000; APPROPRIATING ICE GARDEN EXPENSES OF $2,000 was read by the city clerk Councilwoman Walls moved to adopt Ordinance ~29, Series of 1985, on first reading; seconded· by Councilman Collins. Roll call vote; Councilmembers Blomquist, aye; Ccllins, aye; Walls, aye; Mayor stirling, aye. Motion carried. ORDINANCE #32, SERIES OF 1985 - short term loan Kirchner/Moore Councilman Blomquist moved to read Ordinance #32, Seraes of 1985; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #32 (Series of 1985) AN ORDINANCE AUTHORIZING THE BORROWING OF THE SUM OF $257,771.32 TO FINANCE DEBT SERVICE DUE ON MAY 1, 1985, AND THE ISSUANCE OF SHORT TERM NOTES IN ANTICIPATION OF THE COLLECTION OF TAXES OR OTHER REVENUES was read by the city clerk Councilman Blomquist moved to adopt Ordinance #32, Series of 1985, on first reading; seconded by Councilman ccllins. Finance Director Soafield told Council said when the city issues bonds, Kirchner Moore gives a debt schedule by date as well as the legal documents. It is Kirchner Moore's responsibility to make sure the legal documents correspond to the debt service schedules. Kirchner Moore said the city would owe $500,000 on November 1st, when in reality the city owe $250,000 on May 1st. The mistake that was made was in timing; it is not an additional expenditure and was a miscalculation. Kirchner Moore took the responsibility to make this right at no cost to nhe city. Also Kirchner Moore wanted this to be an indication of the value of their relationship with the city. Roll call vo~e; Councilmembers Walls, aye; collins, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. BECK LOT SPLIT - Public Hearing. Mayor Stirling opened the public hearing. Alan Richman, planning director said this is a subdivision exception and growth management exemption request. Richman said this was reviewed by P & Z, who recommended approval unanimously. The criteria of lot split has been met; this is only creating two lots, there has not been a lot split here before. The applicant has accepted that there will be no further lot splits on the property. Richman said these are townsite lots, and this is the kind of lot split the procedure was created for. Mayor Stirling closed the public hearing. Councilman Blomquist moved approval of the Beck lot split with the c~nditions in the planning office memorandum of May 28, 1985; seconded by Councilwoman Walls. All in favor, ~ motion carried. ORDINANCE #33, SERIES OF 1985 - Artists Studios in S/C/I Zone Councilwoman Walls moved to read Ordinance #33, Series of 1985; seconded by Mayor Stirling~ All in favor, motion carried. ORDINANCE ~33 (Series of 1985) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE MUNICIPAL CODE, PERMITTED AND CONDITIONAL USES, TO ADD ARTISTS STUDIOES AS A PERMITTED USE IN THE SERVICE/ COMMERCIAL/INDUSTRIAL ZONE was read by the city clerk Councilman Blomquist moved to adopt Ordinance #33, Series of 1985, on first reading; seconded by Councilwoman Walls. Mayor Stirting stepped down due to conflict of interest Alan Richman, planning director, told Council this code amendment was privately initiated by the owners of 412-North Mill tO amend the S/C/I zone use list to allow artists studios. Richman said the original request was for artists studios with accessory dwelling units. Artists studios is close to shop craft industry which is already a permitted use in S/C/I.I Richman told Council P & Z was concerned about the accessory dwelling units. P & Z looked at the intent of the S/C/I zone district, which lists residential as something which is not a permitted use but as a conditonal use. P & Z's concerns with residences was because of the limited amount of S/C/I zone and there will be other requests to work and live in the S/C/I district. P & Z's recommendation is to allow artists studios in the district. Councilman Blomquist said his inclination is to allow residences as part of the concept of an artists studio. There is a need for artists studios, which is a part of the resort industry. Richman said the planning office recommendation was for approval with residences in S/C/I. Mayor Pro Tem Collins asked where the definition of studios is. Richman told Council it is already in the Code. Roll call vote; Councilmembers Walls, aye; Blomquist, aye; Mayor Pro Tem Collins, aye. Motion carried. SUBDIVISION EXCEPTION - Shadow Mountain Timeshare Mayor Stirling said this proposal is in response to a changing market and can be accomplished without changing the footprint of the building. Alan Richman, planning director, said this request is to take six studio units and convert them into one-bedroom units, which requires a resubdivision approval. Richman said this conditional use has already been granted by P & Z May 7th, and P & Z also recommended approval of the subdivision exception. Richman said there are 12 units in this project, 11 studios and one three-bedroom unit, and two employee units. This proposal will take six studios and convert them into 4 one-bedroom units. Richman said there could be an increase in occupancy. From the exterior, there will be no impact on the community. This proposal will bring the project into conformance with the parking requirements. Richman said if this is approved, there will be an additional two units available in the L-3 GMP quota. Councilman Blomquist moved to grant subidivision exception for the purposes of reconfiguring six studios in the Shadow Mountain Lodge at Aspen into four-one bedroom units with conditions 1, 2, 3, and 4 in the planning offiCe memorandum of May 28, 1985; seconded by Councilwoman Walls. Mayor Stirling agreed there has to be flexibility to allow projects to be marketable and good for the town. Councilman Blomquist pointed out that the lofts in these units will be removed. All in favor, with the exception of Councilman Collins. Motion carried. SUPPLEMENTAL FUNDING REQUEST - Ice Garden Compressor/Mask George Pucak, recreation department, told Council when the ice garden closed for mainten- ance, he requested a rebuild of the ~1 compressor. The question of an emergency air breather mask is a result of an inspection by the fire department and CIRSA. Pucak said both the compressors are in need of repair, and ~1 needs a major rebuild. Pucak told Council peak demands for the compressor are in the summer months. Pucak said the mask they are using for repairs is limited to 2 percent ammonia atmosphere, and a new breathing unit is being requested. Pucak told Council to risk not reapiring the compressor may put the summer season in jeopardy, and the summer season represents about $80,000 in revenue. Pucak said the rebuild on #1 compressor could last 3 to 5 years. The compressor could be replaced for $19,000. Pucak said these items were on last year's capital replacement list, but since the Ice Garden is an enterprise fund, these were not reviewed. Mayor Stirling said this is a health and safety issue. Mayor Stirling said there is only $10,000 in the Council's contingency fund and asked if there is another fund that could fund these. Jim Holland, parks department, said the finance department recommended funding this out of the contingency fund. Finance Director Sonfield told Council the asset replacement fund is funded from the electric fund on the basis of payment in lieu of taxes. If the electric fund were not a city department, it would have to pay certain taxes and payment in lieu of taxes should fund normal governmental services. Ms. Sonfield said there are a lot of requests in the asset replacement fund. Ms. Sonfield told Council 391t Continued Meeting Aspen City Council June 3, 1985 the staff reviewed the land fund, and this would be an appropriate expenditure from the land fund but because of the 75/'25 ordinance, this does not fit because that ordinance requires expenditures for "outdoor recreation". Ms. Sonfield said enterprise funds using the asset replacement funds is a policy only. Holland told Council he would like to address that policy before budget time. Holland said that the Ice Garden should not be an enterprise funds, ice gardens always have to be subsidized. Mayor Stirling said he does not want to deplete the contingency fund by June. Councilman Blomquist moved to appropriate $7518 from the general fund contingency fund; seconded by Councilman Collins. All in favor, with the exception of Mayor Stirling. Motion carried. CONSENT TO ASSIGNMENT - Aspen Skiing Company Mayor Stirling asked why Council needs to approve this. City Attorney Taddune said the orlg£nal agreement states this should not be assigned without approval of Council. Mayor Stirling asked what the agreements with the Skiing Company are. Taddune said ~he agreements are an easement agreement, water right lease, and agreement for purchase and sale. Barbara Purvis, representing the applicant, told Council the new Ski Company will be assuming all obligations under the agreement. Councilman Blomquist moved approval of the assignments; seconded by Councilman Collins. All in faUor, motion carried. 1982 GMP ALLOTMENT - The Lodge at Aspen (Lyle Reeder) City Att6rney Taddune told Council an allotment was granted to Reeder in 1982, then was the sub3ect of litigation filed by the Cantrups. During the litigation, the City took the pos~ition that the allotments were frozen and the period of time during which they might expire was held in abeyance until the litigation was settled. Taddune said the city has executed a stipulation of dismissal. This request is for an acknowledgement that the expiration time was held in abeyance. Councilman Blomquist moved to acknowledge that the expiration time for the GMP allotment was held in abeyance; seconded by Councilman Collins. All in favor, motion carried. ROARING FORK TRANSIT AGENCY - Golf Passes Councilman collins said this request from RFTA is to renew golf passes for transit employees which existed last year. Councilman Ccllins said this has historic precedence; at one time most of the bus employees worked for the city and they had golf privileges. When the system was consolidated, there was an understanding that the employees would not have to accept anything less than previous benefits. City Manager Schilling said city depart- ments budget for a S350 golf pass, and all employees are eligible to play. Councilman Collins said people who are paying for rounds of golf should have priority, but as long as there is room on the golf course, the opportunity should be made available to employees. Councilman Blomquist said the departments should buy punch passes that are transferable between employees. Holland said that would be hard for the departments to manage. schilling said it seems unfair that an agency that Ks not part of city government gets a qolf pass, ski pass and other benefits. Councilman Collins suggested giving the transit agency golf passes for one more year, and in the fall look at the impact of these passes. priveleges Mayor Stirling moved not ~o give any special to RFTA for the golf season 1985; seconded by Councilman Blomquist. Councilman Collins said this would not cost the city anything and would create goodwill in the community. CONSENT AGENDA Councilwoman Walls moved to approve the consent agenda; seconded by Councilman Blomquist. The consent agenda is (1) liquor license renewals - Arthur's; Eastern Winds; (2) special event permits - Rugby Club. All in favor, motion carried. Councilwoman Walls moved to adjourn at 9:00 p.m.; seconded by Councilman Collins. All in favor, motion carried. Ka City Clerk Regular Meeting Aspen City Council June 10, 1985 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Blomquist, Walls, Knecht and Collins present. MINUTES Councilman Blomquist moved to approve the minutes of April 17, 22, 29, 1985; seconded by Councilman Knecht. All in favor, motion carried. CITIZEN PARTICIPATION 1. Lee Miller told Council he favors the Aspen Mountain Lodge project; however, he has discovered the lodge pro2ect plans on closing Mill street for the next 1% years. Miller pointed out when the mall was constructed, business went down 50 percent. Miller said it is incredible to close off a street which services 700 rental guests a day. Miller said they have to close off the street in order t~