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HomeMy WebLinkAboutminutes.council.19840402Regular Meeting Aspen City Council April 2, 1984 Mayor Stirling called the meeting to order at 5:05 p.m. at the Paepcke Auditorium with Councilmembers Walls, Collins, Blomquist and Knecht present. CITIZEN PARTICIPATION 1. Adam Walton said he was told by staff that the parking sagn changes in the downtown were put on hold by this Council so they could study it. Walton asked what Council has decided about these signs. Walton said he is concerned about merchants who depend on quick turnover, and the lack of ticketing of cars. Mayor Stirling said this Council has not addressed parking but is scheduled for the next month. Walton said he is a concerned citizen about the hotel in town. Walton said the application for the hotel as a good one in some respects, but is bad in that it will change the whole tenure of the town. Walton said there are too many units in the hotel. 2. Francis Whitaker presented a letter about the reques~ for reduction an parking at the proposed hotel. 3. Jeffrey Evans agreed it is time to bring up parking an the downtown area agaan. COUNCILMEMBER COMMENTS 1. Councilwoman Walls said she would like Council ~o go back to meeting twice a month; this schedule gets too confining. Mayor Stirling pointed out Council's business does not fluctuate in the off season but would be willing to look at this. Councilwoman Walls moved to add this ~o the agenda; seconded by Councilman Knecht. All an favor, with the exception of Mayor Stirling. Motion carried. 2. Mayor Stirling said there was an avalanche on Saturday in which three local persons died. There is a memorial service Thursday at 5:30 p.m. at Paepcke Auditorium. 3. Mayor Stirling moved to add to the agenda HPC appointments; seconded by Councilman Knecht. All in favor, motion carried. 4. Mayor Stirling said the precipitation is 150 per cent above a year ago. The waser superintendent is alerting the Council there could be trouble in the water system. ~u~ m~L~ng Aspen ~lty ~ouncl£ April 2, 1984 5. City Attorney Taddune said he would like to report to Council on the Cantrup bankruptcy and the position the city should take on the reorganization. Mayor Stirling moved to add this to the agenda; seconded by Councilman Blomquist. All in favor, motion carried. 6. Mayor Stirling reminded Council there is a work session Wednesday, April 4, from 5 p.m, to 7:30 on the final power presentation. 7. Mayor Stirling said he did not think the CounCil voted officially on Ordinance #4 at the last meeting. Taddune said the Council voted not to pass the ordinance but did not have a roll call vote on the ordinance. Mayor Stirling moved to add the vote on Ordinance #4, to formalize the action Council took; seconded by Councilman Knechto Ail in favor, motion carried. 8. Mayor Stirling said Council has a request to have a work session Tuesday, April 10 on the Wheeler visitors center to discuss plans for the basement, renovation design proposals for the visitors center and how it will be operated. Council scheduled this for the next regular meeting. ASPEN MOUNTAIN LODGE CONCEPTUAL PUD Mayor Stirling said Council has received a resolution revised from the last meeting with Council's requested conditions. Council is to have a parking presentation from the applicant. Mayor Stirling said he would like addressed what is good for the city, and what does the city need. Mayor Stirling said the needs of the hotel have to be addressed. Another item of discussion is what is the city's park~ing strategy and Policy. Sunny Vann, planning director, said the city's Code for lodge uses requires one parking space per bedroom. For residential development in the L-2 zone, the parking requirement is also one per bedroom; for other uses, the requirement is 4 parking spaces per 1,000 square feet of floor area. Vann said all parking requirements provide for review because no two project are alike. Vann told Council the PUD regulations provide for review of the parking and variation of the requirements up or down. The purposes of the parking regulations is to meet the demand of the parking generated by specific uses in specific locations. Vann said the applicants are proposing to house 100 per cent of the cars generated by this project. Vann said the city implemented no parking requirement in the commercial zone as part of the auto disincentive program, but other solutions were never followed up on. Vann said the planning office has been concerned about the 1:1 parking space requirement in some residential and lodge areas. Vann said all information has indicated that 1:1 requirement ! is excessive. Vann said the planning office does not have a problem under the PUD to vary the parking requirement proposal to .75:1. Vann said the staff recognizes there is a parking problem in Aspen; however, the requirements of the Code are that applicants do not exacerbate the problem. It is not a requirement that applicants solve a community- wide problem. Vann said this application will go towards solving problems that do exist in this area. Vann said this particular portion of town is not the place to be solving municipal parking problems. John Doremus said the applicants have prepared a rebuttal to a letter from Jack Crawford and a report on the parking study prepared by TDA. There is an update on the parking study submitted with the original application, which is revised to relect the decrease in units and density and includes an actual March 1984 survey. Doremus told Council the parking philosophy is to provide one below grade on-site parking space for every automobile! present on the site during peak occupancy periods. The applicant agrees to provide 100 of the demand of the hotel. Doremus said a major operator would not engage in an agreemen~ for the hotel unless they are satisfied that the parking requirements are met. The applicant is not constructing additional parking spaces for employees of the hotel, although most of the year many employees can park in the hotel. Dave Leahy, TDA, told Council his firm has been in the transportation planning business for 12 years; that is their only produCt. TDA has represented both the private and public sectors. Leahy said TDA looks at the project setting and synthesize the parking needs for the particular proposal. Leahy told Council that 38 parking spaces will be lost by the vacation of Dean street. Leahy said TDA looked at public transit, the dependency on autos. Aspen has the highest arrival rate by air of any ski area. TDA looked at the variations between winter and summer occupancies. Leahy said TDA did a survey of 10 lodges this winter; all lodges are south of Durant. TDA surveyed three times a day, checked the lodge occupancies and they found the parking need to be .55 spaces per bedroom. Councilman Blomquist asked if TDA counted employee demand or guest cars. Leahy said they counted the actual cars at the lodges during three different times. Leahy told Council summer demand is estimated at .66 cars per bedroom during peak occupancy. The applicant is proposing .75 spaces per bedroom. There are some other uses associated with the facility. Leahy said becauSe of the location of the lodge, 30 per cent of the off-site uses would drive. Leahy told Council that 80 to 100 per cent of people attending conferences would be houSed on-site. Those not housed on-site would be within walking distance. The lodge will provide a shuttle service. Leahy pointed out the city and county have a big investment in public transportation for employees. Leahy told Council the Code i requirement would be 471 parking spaces; the applicant is proposing 353 spaces. This is a request for a 25 per cent variance in the parking requirement. Councilman Blomquist said the Code sets standards and these have always been treated as the minimum standard rather than the maximum standard. Vann said the staff feels that the standard in the Code is inappropriate and does not represent the actual demand. Vann said the Code recognizes that each circumstance is unique and provides a mechanism where information can be submitted and a decision can be reached on the appropriate requirements. Regular Meeting As3p_e/k_Ci~il April 2, 1984 Jack Crawford said he had read the TDA traffic analysis and wrote a letter to Council withll 10 points he felt there was serious questions or inadequacies in the study. Crawfora saidll the consultants seem to have three different studies with three different numbers. Doremus said the second study was done as a result of reduction of guest units. Joe Wellsi~ said the original conceptual study was based on a survey of the nearest comparables avail- able given the total absence of data. The applicants have done an actual on-site survey in response to concerns from the city. Crawford pointed out the developers claim they are providing 100 per cent of the parking needs of the hotel, but they are providing no parking for employees, the conference facilities or the retail space. Crawford said the parking requirement in the Code was written for a small style lodge, not a large hotel which is providing amenities. Crawford!i said he could see no reason to allow the developer to provide lesS than the required parking. Crawford said most employees will not use the shuttle late at night. Crawford said the parking on Dean and at 700 South Galena will be eliminated. Dick Wilhelm said the current parking lots on the lodge site have never been filled up. Wilhelm said during Christmas week in a study compared to occupancy, the parking was only 12 per cent. Francis Whitaker said the requirement of 1:1 parking is the resUlt of 21 years of surveys and planning. Council came up with that figure after many surveys. Whitaker said if Council feels the 1:1 parking requirement is too high, they should change the ordinance. Whitaker said the big objection is making exceptions. Whitaker said generaly speaking in Aspen there is too little parking. Whitaker said Council has an obligation to abide by the Code requirements. Whitaker warned Council against using leased parking as part of the requirement. Taddune told Council the Code in the PUD section saying the parking requirements on review may be increased or decreased in consideration of the following faCtors; (1) the probable number of cars owned by occupants in the PUD (2) parking needs of any non-residential users (3) the varying time periods of use whenever joint use of common parking is proposed, (4) available public transit and other transportation facilities to be supplied by the applicaht (5) the proximity of the PUD to the commerCial core or recreational facilities. Hans Gramiger said the location of the hotel should have something to do with the parking requirement. Gramiger said the tourist demographs have changed and a larger facility has less demand for parking. Gramiger said the airport is beigger and can bring in more people. Jennifer Williams, resident manager at the Continental Inn, said she hands out the parking permits and the Continental!Inn does not bring in one car per bedroom. Larry Ledingham said there is a parking problem in town. Ledingham had a survey which asked guests what the least liked things about Aspen were, and three of the main answers were Aspen is too expensive, it has gotten too big, and the parking problems. Nasser Sadeghi, who operated a restaurant at the Aspen Inn for ten years, and the parking offered at the Aspen Inn was not necessary for the lodge portion. Sadeghi said he sees no reason why a hotel of this size needs 1:1 parking requirement. Anne Murchison, a resident of this neighborhood, said the parking problems are horrendous now. Ms. Murchison said she does not think the applicants have figured out what the true need is. Stan Stevens said a world class hotel does not connote people arriving in buses.il Stevens said the visitors of this hotel will not be willing to wait for public transporta- ~ tion to go to the golf course or tennis courts. Stevens said the parking should be at least 1:1 if not more. Stevens said the Code is only requiring one parking space for every 17 cars, including the restaurants and conference facilities. Don Lemos, who runs some parking lots in town, told Council these lots are never full. Lemos said people he skis with feel it is nice not to have cars. Jeffrey Evans asked what the proportion of parking to rooms is currently on the site. Vann! said it is about .25:1. Gary Plumley said this project should move on and help attack the problem of pedestrian incentive. The improvement district will add sidewalks and lighting and make it a more pleasant area for pedestrians. Jay Hammond, engineering departl- ment, supports the theory this project should provide for its own needs. Hammond said the city does have a parking problem, and the city is continuing to work toward a solution. The staff feels the city needs a centralized parking facility. Hammond said this is not the appropriate location to solve the city-wide problem. Hammond said the Rio Grande is a good parking location; it does not require all cars to travel through the central core to get there. Hammond said the hotel site is not the site for public parking to solve the city's problem. Hammond said the engineering department is comfortable with the study done by TDA. Hammond told Council much of TDA's data came from previous studies the city had done. Hammond said the staff views the current proposal for parking an improvement over what exists on the site now. The parking proposal will be taking 90 cars off the street. Ralph Melville said these studies do not take all facts into consideration. Many tour buses come to the Continental Inn now; the type of guests coming into the new hotel will not be coming in tour buses. People will want their own cars. Tom Wells showed the relationship of the town to the mountain. Wells said the relationship of the core area to the mountain and the ability to walk to the mountain is cruCial. Wells said the design of Aspen as a resort should be looked at rather than one particular project. Wells said the Hotel Jerome and performing arts center will have a parking demand. The Jerome has a contract with the city to build 60 parking spaces in a structure. Wells said parking should be north of Main street. Wells proposed a north/south shuttle on Galena street from the parking structure at the Rio Grande up to the base of the mountain. Vann said the industry standard across the hotel industry is .6. Bob Calloway said the applicants have spent time, money and planning to come up with the needs of the hotel. Councilman Knecht said he has gotten emotional of this particular issue; a lot of people have a tendency to blane the lack of parking on this large hotel. Councilman Knecht moved to accept the applicant's parking study and to with 353 parking spaces for the hotel; seconded by Councilwoman Walls. Mayor Stirling said he has been wrestling with this issue. Each PUD gives the city some opportunity to solve some of its problems. One application cannot solve all the problems.i Mayor Stirling said he is in favor of accepting the 353 parking spaces under the hotel if the applicant would commit to build the remaining spaces in a parking facility proposed to be built by the city. Councilman Collins said this is a dead end area with two bad streets going up the mountain. Councilman Collins said this facility will change the whole dynamics of the area Councilman Collins pointed out the proposals for employee - housing does not have any parking at the sites. Councilman Collins said the employees will not have parking at two places; where they live and where they work. Councilman Collins said the applicant should come up with the required 1:1 parking. Councilman Blomquist, said the parking as proposed for the hotel is adequate. Councilman Blomquist said the Code requirements are excessive, and he has recommended they be amended for year. Councilman Blomquist said he is going to vote against the resolution because the hotel is too big, the whole PUD has not been considered, the employee housing has not been resolved. Councilwoman Walls said her experiences in hotels like this does bear out the consultants recommendations. Councilwoman Walls said she has confidence this is probably enough parking for this hotel. Councilmembers Blomquist, Walls and Knecht in favor; Councilman Collins and Mayor Stirling opposed. Motion carried. Mayor Stirling moved to pass REsolution #11, Series of 1984, as written; seconded by Councilman Knecht. Councilmembers Knecht, Walls, and Mayor Stirling in favor; Council- members Blomquist and Collins opposed. Motion carried. ORDINANCE #3, SERIES OF 1984 - Deane Hydropower Plant Bob Francis said in previous discussions, Council seems to be concerned about two points. One is the fairness of the 50/50 split with the Deanes. Francis said Rick Deane has been the motivating person in this project, has done a lot of work, spent a lot of money. Francis said the Deanes felt it would make sense to do this project with the city because it involves the city's pipeline and water rights. Francis said the city needs to use their water in a hydro context in order to firm up that water right so that nothing happens to diminsh that water right. Francis because the indebtedness would be paid out of the project means both sides are paying off the indebtedness. Francis said the Herrick ditch right is a substantial water right that could be made available for use in the project. Francis said the city has good reason for wanting to do this with the Deanes because there are other collateral points that would be resolved with the dame, the pipeline. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Mayor Stirling said the concept of a partnership is a good one, ~d this kind of partner- ship is in the best interest of town. Mayor Stirling said the city's easement for the pipeline has become more clear and the city does have the easement. Mayor Stirling questioned how often the city might n~ed the Herrick right. In the current agreement, the Deanes do not guarantee the city can have a right to it but that it will be made available to the city. Mayor Stirling said the water treatment and protection of the city's water is paramount, and the hydropower is secondary, Mayor Stirling asked if the Dearies would be willing to have a 60/40 arrangement rather than the 50/50 proposed. Mayor Stirling asked how this would be financed. Acting City Manager said this would be a general obligation bond to be paid out of the revenues. John Musick gave a summary from the water department which outlines a prior request for hydropower generation on Maroon creek. The hydropower concept is for the purpose of energy independence and lowering the price of power for the city. Musick told Council the city's water rights on Maroon creek for irrigation, domestic and municipal are sound. Musick said the use of the water for hydro-electric generation will strenghten and increase the rights for hydro use. The balance of the water rights are not threatened. Councilman Blomquist said this should either be 100 per cent city-owned or 100 per cent privately owned. Councilman Blomquist suggested the Deanes could build it and the city could help finance it by an IDB. Councilman Blomquist said one of his problems is the requirement to try to maximize profit. Councilman Blomquist said the city should develop a master plan for hydro. Mayor Stirling said the city is taking all the liabilities; the city is getting the bonds and will fund the entire cost of construction. The Deane family will provide land and the possibility of using the Herrick right. Mayor Stirling suggested changing the percentage to 60/40 and having the Deanes let the city use the Herrick right whenever the city wants. Mayor Stirling asked if by giving the site for the hydro facility, the Deanes give up a development site below. Francis said it would take away the development site. Francis said he would like an opportunity to take the two suggestions from the Mayor to the Deane family for their consideration. Francis requested a straw vote so that the project will not be killed. Councilmembers Knecht and Walls would be in favor; Councilman Collins, Blomquist and Mayor Stirling opposed to the proposed ordinance. Mayor Stirling said his two suggestions would change his vote. Mayor Stirling moved to change the agreement on the net proceeds to 60/40 (City/Deane).and have a different working about how the city would have access to the Herrick right; seconded by Councilman Knecht. Councilman Collins said this is not a matter of percentage; it is a bad agreement and has potential problems. Councilman Collins said he would like a new, cleaner agreement. Regular Meetlng Aspen ~lry ~ouncli apr~ z, All in favor, with the exception of Councilmembers Blomquist and Collins. Motion carried.il Councilman Knecht moved to table Ordinance ~3, Series of 1984; seconded by Councilwoman Walls. All in favor, motion carried. Council instructed the city attorney to work with Francis and the Deane family on the two suggestions from the Council. DOREMUS PLAT AMENDMENT Colette Penne, planning office, said these two lots (lots P and Q, Block 43) have a 7 inch by 41 foot strip that encroaches. It is the roof of a shed on two lots. The Board of Adjustment granted a variance, but they could not change the subdivision plat. Councilman Knecht moved to approve the subdivision exception for the purpose of correctingil a survey error and recording a subdivision plat with the conveyance of an easement seven inches by 41 feet from lot Q to lot R with the following condition; (1) the survey requirements outlined in the engineering department memo dated March 13, 1984, be complete~ prior to recordation; seconded by Councilwoman Walls. Jay Hammond, engineer department, requested condition number 7 be stricken as the trees are not threatened and do not need to be relocated. Councilman Knecht accepted that amendment; seconded by Councilwoman Walls. J. D. Muller requested condition #1 be stricken as the fence and concrete retaining wall are not encroaching. Councilman Knecht accepted deleting conditions ~1 and 2; seconded by Councilwoman Walls. All in favor, motion carried. TURLEY LOT SPLIT Colette Penne, planning office, said lot sizes and the applicability of a lot split on this property were discussed at an earlier Council meeting and questions were raised about this. One of the concerns is access, the engineers and architects worked to come up with a solution, which is to do access off ROaring Fork road. Ms. Penne said the staff recommends approving subdivision exception for the Turley lot split and to approve a GMP exemption for a single family house to be built on the new lot with the conditions in the memorandum. Councilman Knecht moved to approve the subdivision exception for the purpose of a lot split of the parcel described on the "Turley subdivision" plat and to further approve a GMP exemption (per Section 24-11.2(d)) for the construction of a single-family house on the newly fOrmed lot with the conditions 1 through 7 in the planning office memo; seconded by Councilwoman Walls. Councilman Blomquist said the access road should be farther than 25 feet from the inter- section. Jay Hammond said this minimum distance from a lot corner is less than 25 feet in the Code. Councilman Blomquist said he would rather see this be 50 feet. Hammond pointed out this gets traffic around the corner and makes this no longer a direct drivewayi~ opposite Third street. Andy Hecht said the applicant will stipulate to 50 feet. Councilman Knecht accepted the amendment; seconded by Councilwoman Walls. Mayor Stirling said there were discussions about limiting the new lot from competing in GMP. Hecht said the applicant would like to retain the opportunity of putting an employee unit on this lot. Hecht said all they are asking for now is a single family dwelling. Hecht said it would be most difficult to complete in the GMP for one unit. Councilman Collins asked the size of the lot. Hecht said 9,600 square feet and the other lot will be over 6,000 square feet. Hecht said his client does not want to deed restrict the new lot and preclude a caretaker or employee unit. All in favor, with the exception of Councilman Collins. Motion carried. ORDINANCE #5, SERIES OF 1984 - Vigoda Rezoning Councilman Knecht moved to read Ordinance #5, Series of 1984; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #5 (Series of 1984) AN ORDINANCE REZONING CERTAIN REAL PROPERTY LOCATED IN BLOCK 71, CITY AND TOWNSITE OF ASPEN, COMMONLY KNOWN AS 232 E. HALLAM TO R-6 was read by the city attorney Councilman Knecht moved to approve Ordinance #5, Series of 1984, on first reading; seconded by Councilman Collins. Mayor Stirling asked if the SCI/SPA zoning were left on the lower portion of the property,i what effect would that have on the applicants ability to do a lot split. Gideon Kaufman said there is no application for a lot split. There has been a finding by the planning office and P & Z that a mistake was made at the time of rezoning. This is a residential neighborhood with the bottom part zoned commercial. Ms. Penne said this is a 19,000 square foot parcel and there would be enough land left in the R-6 zone to be a conforming lot. Nothing could be built on the lower portion because it is an SPA. Ms. Penne told Council this had to be an error when the zoning map was drawn because the city/county boundary was mistaken as the property line. The lower portion was assumed to be part of the Trueman property, which it is not. Ms. Penne said she feels it is important to correct this error. ~egu±ar Meeclng Aspen ~lty ~ouncl± Aprll 2, 19~4 Roll call vote; Councilmembers Knecht, aye; Collins, aye; Walls, aye; Blomquist, aye; 1 Mayor Stirling, aye. Motion carried. CURTON MADSEN LOT LINE ADJUSTMENT Colette Penne, planning office, showed the previous parcels and where the Madsen house is located. Parcel B was formed when Herndon owned the entire parcel, through a lot split. When the Madsens built their house, they understood the lot was limited to a single family house. There is a access easement of 9 feet going along the driveway, and the Madsens do not want to see this used for a duplex use. The alley does not seem to be suitable access either. Ms. Penne told Council Donna Curton bought parcel B and went through GMP exemption to do an employee unit. The Madsens are unhappy about a duplex on parcel B and about the access easement being used by that many cars. The Council did a site visit and suggested a solution. Instead of a north/south alignment, there is an east/west alignment. The parking solution for the duplex is on the Madsen's property, which they are willing to do. The applicants are proposing to use a 16 foot easement for access, which does not meet Code, but it is an improvement over the 9 foot easement. Ms. Penne said the planning office feels strongly this is not a buildable lot. It is not zoned PUD and does not have a slope reduction on it. This is a 64 per cent slope. Ms. Penne said the development pattern was anticipated to stop at the flat portion of the lot. Ms. Penne said if a duplex is built on the lot, it will effect the Madsens views and sun exposure and will be a tight situation. Ms. Penne said the planning office feels that the flat, buildable site is preferable. Ms. Penne said it is not in the best interest of the city to have someone building on a 64 per cent slope. The main water transmission mains are on the lot, and the water department has suggested some conditions. Section 20-9 of the Code requires a finding be made of suitability of parcels for development. The city needs some assurances that erosion and the magnitude of cuts would be addressed by a geologist. Ms. Penne said the staff does not feel Section 20-9 has been satisfied. P & Z recommended denial of this lot line adjustment. Councilman Knecht said this is a political decision. P & Z has a point. Doing it the other way will upset the whole neighborhood. Mayor Stirling asked if Council could find out more about the suitability before approving this. Councilman Blomquist moved an amendment to conditions $4 and 5. (4) the suitability of the land for the building and construction proposed be verified by a qualified profess- ional engineer under Section 20-9 and the plans for any earth moving and foundation be certified safe and adequate by said professional engineer; (5) a building envelop and details on the magnitude of slope cuts and restoration be shown on the plans certified by said professional engineer; seconded by Councilman Knecht. Gideon Kaufman reminded Council they were not pleased with the original access. The client has tried to meet the concerns of the neighborhood and work with them to come up with a solution. Kaufman said condition $7, building limited to an FAR of 3500 square feet is not necessary. Kaufman said the site does not lend itself to a large FAR and this should not have a square footage limitation di~fferent from that allowed by code. Ms. Penne said the original lot line adjustment was probably not appropriate, and it is definitely not appropriate on this lot. Councilman Blomquist agreed a building should not be limited to a square footage number, the FAR is a ratio of the lot. Councilman Knecht agreed to eliminate $7. Mayor Stirling said he has problems with the grade, building on this lot, it will have great effects on the neighborhood. Councilman Knecht moved to approve the lot line adjustment with conditions 1, 2, 3, 4 and 5 as amended, and 6; seconded by Councilman Blomquist. All in favor, with the exception of Councilman Collins and Mayor Stirling. Motion carried. ENCROACHMENT REQUEST - Rodgers Jay Hammond, engineering department, presented some photographs of the house. This is a request for encroachment for the Rodgers residence at 315 east Hyman and is a request for a stairway and retaining wall to access the entry door on the north side of the build- ing. Hammond said this was referred to city departments, and the general comments were there were no special problems. The building department noted the encroaching structure at the boundary line would be 5 feet high. Hammond said the staff's position is that new structures should be able to accomplish their needs within the property lines and would recommend denial. However, this does not solve a difficult building site problem. Hammond told Council this building has variances from the setback requirements and the site is supporting a small structure. The encroachment would not be perceived as an add-on to an enormous building. Graeme Means said they feel there are no negative impacts and does improve the appearance of the structure. It helps the applicant to be able to get into the house. Means said the encroachment being 5 feet high is not from original grade; they have to dig into the grade to keep the driveway level. Means presented a model to illustrate the proposed encroachment. Councilman Blomquist asked what plans the building department approved. Means said the house is tall and thin and this encroachment would visually lengthen the structure and will be a more pleasant structure. Mayor Stirling moved to grant the encroachment license for 315 West Hyman with the standard license form; seconded by Councilman Blomquist. Councilwoman Walls said when a person buys a lot that size, there will be problems and the owner has a challenge to solve the problems. The solution to the problems should be be the city's responsibility, and the homeowner should stay within the lot line. All in'favor, with the exception of Councilmembers Knecht and Walls. All in favor, motion carried. ~egu±ar Meeting Aspen ul~y ~ouncl± Apr,± z, ±~4 DROSTE WATER RIGHTS City Attorney Taddune told Council this is a housekeeping item and is a standard stipula- tion. John Musick told Council the city acquired the Droste water rights a few years ago and Council directed staff to change the water rights from pure irrigation purposes to irrigation, municipal, minimum stream flow and other beneficial uses. This will facilitate the city using the water rights not only for irrigation, but if the Hunter Creek runs dry because of upstream calls, water can be transferred from Red Mountain ditch into the city's system and use it to supply the city. If the stream went dry, this could be used to supply the city. Musick said the sta-f has been negotiating this, and the last party has agreed to this. Musick told Council the standard requirement that the city leave their pro rata share of the seepage loss in the ditch has been left for subsequent decision because the amount is so small. Musick recommended this move on and provide for the transfer of water the city has been seeking. Musick said the city will not have to litigate the issue, will not have to worry about loss of any water rights. Councilman Blomquist moved to approve the stipulation; seconded by Councilman Collins. All in favor, motion carried. COUNCIL SCHEDULE Mayor Stirling said he feels the weekly schedule is working because they have so much to do. Mayor Stirling said there is less pressure meeting every week. Council has to accept no one can make every meeting. Councilwoman Walls said the Council should allow themselves some time off. Councilman Knecht said it is hard for him to make every meeting and keep this schedule. Councilman Knecht said the meetings are still going late and it does not seem the Council is accomplishing anymore. Councilman Collins agreed the Council needs a breather between meetings. Mayor Stirling moved to continue with the current schedule meeting every week; seconded by Councilman Blomquist. Councilman Blomquist and Mayor Stirling in favor; Councilmembers Walls, Collins and Knecht opposed. Motion NOT carried. Councilwoman Walls moved to return to the schedule meeting on the second and fourth Mondays beginning in April. All in favor; Councilman Blomquist and Mayor Stirling opposedl Motion carried. HPC APPOINTMENTS Mayor Stirling moved to appoint Zoe Compton as a regular member and Mary Martin and Marge Riley as alternate; seconded by Councilwoman Walls. All in favor, motion carried. BANKRUPTCY REORGANIZATION Taddune said the city is going to have to vote its ballot in the bankrupty and Taddune would like permission to vote the ballot in the best interests of the city. Taddune said at this point this is a vote for approval, but the city may use their vote for a resolu- tion of the real estate transfer tax. Taddune told Council in the original settlement, the unsecured creditors would get $.53 on the dollar; another claim has been settled so the unsecured creditors will get about $.59 on the dollar. Taddune said Hans Cantrup has opposed the disclosure statement. Mayor Stirling moved to give Taddune the authority to act in the best interest of the city based on Council's understanding in the bankruptcy hearing to vote the ballot; seconded by Councilman Blomquist. All in favor, with the exception of Councilman Collins. Councilman Collins said he has a lot of questions on the document, which he would like answered. Council agreed with this. Mayor Stirling moved to continue this meeting to Wednesday April 4th at 4:45 p.m. for discussion of the Cantrup bankruptcy and the city's position; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #4, SERIES OF 1984 Mayor Stirling said at the last meeting, the Council did not have a proper roll call on this ordinance. The motion was to deny Ordinance #4, Series of 1984, have better judges, more responsible dog owners, and investigate having more animal control officers. Roll call vote; Councilwoman Walls, aye; Collins, aye; Blomquist, aye; Mayor Stirling, nay. Motion carried. Council left the meeting at 9:30 p.m. to be continued to April 4, 1984 at 4:45 p.m. 'Kathryn S.~och, City Clerk Continued Meetinq Aspen City Council April 4, 1984 Mayor Stirling called the continued meeting to order at 4:45 p.m. in the City Attorney:s office with Councilmembers Collins, Walls, and Blomquist present. Also present were assistant county attorney Jay Calverese and Scott Midgley over the conference phone. City Attorney Taddune said he has asked Council for authority for him to exercise the city's ballot in the Cantrup bankruptcy. Taddune said Council wanted to talk to Midgley to make sure the city is protected. Midgley has been retained as the city's bankruptcy counsel. Councilman Collins asked what the city's classification was secured or non- secured. Councilman Collins said he did not find anything in the plan relating to the city except an amended claim for $140,000. Midgley said there are various claims of the city relating to the bankruptcy. Under the plan, the city is technically not included as a secured creditor; however, a portion of the $140,000 is a claim for water and electric usage which the city is claiming can be secured. 3691 Continued Meeting Aspen City Council April 2, 1984 Councilman Blomquist said a county tax is listed and asked if it would be distributed back to city, county, school, etc. Taddune said the $450,000 figure is property tax and originally an objection was filed that the property taxes should be more. Taddune said as far as the city, they city is secured and unsecure and may have priority in some cases. Midgley said the city has secured claim for utilities automatically as they made a lien on the property. Mayor Stirling asked if the city would get 100 per cent of the secured. Midgley said yes. Councilman Blomquist asked if property texes and real estate transfer taxes are permitted to take a lien on the property. Midgley said the property taxes are a lien against the property. However, the city's RETT is not due and payable until the time the property ls conveyed. Taddune said the RETT is exempt in cases of court-ordered sales. Mayor Stirling said Commercial Savings has agreed to pay one-half of the RETT. Midgley explained the estate's position is Commercial is responsible for 1/2 and the estate is responsible for 1/2 payable on $8,000,000 rather than on $42,000,000. Taddune said the remainder is in foreclosure. Midgley said the risk is if Council does not agree to accept the $8,000,000 for the RETT, they will it and decide whether the tax is payable or not because the property was sold pursuant to a court order. Councilman Blomquist said the Council approved the conceptual review under the zoning code for the hotel project, and would it be propert to attach a condition for full payment of the $42,000,000. Taddune said the Council should not foreclose on the applicant's ability to get judicial review, but this can be negotiated. Taddune said he would like authority to do what is best in the interest of the city. Councilman Blomquist said he would like full payment of the $42,000,000. Taddune said he needs to debate the ramifi- cations if the plan for reorganization is not approved. Midgley said because of the city's position of authority, he agrees with Taddune the city could file objections to confirmation of the plan and reject it. The other side is that if enough parties complain, the plan might not be confirm, the court would not permit the sale of the property and Commerce would foreclose. Taddune said it appears all major claimants with the exception of one, have struck deals with Commerce Savings, and the result of these negotiations has been that unsecured creditors can expect $.59 on the dollar. The creditors committee is recommending to vote in favor of the plan. As a creditor, the city has a small stake in the total outcome. Midgley said if the city is going to strike deals on the RETT, it may be better to do it in context of development rather than bankruptcy. Councilman Collins said he feels the reorganization plan should be looked at as a rough draft. Midgley said the city could abstain, if the court would otherwise confirm the plan. Taddune said he could abstain on the vote and file an objection if Council feels it is important to do so. Midgley said the only objection the city could find is the fact that the secured portion has not been treated as a secured claim. Mayor Stirling moved to give Taddune authority to take the Council's proxy; (1) follow up the secure position on water and electric usage; (2) use best judgement as to the absention depending on the proceedings April 12; (3) have the Mayor or Councilperson go along to the hearing; seconded by Councilman Blomquist. All in favor, with the exception of Councilman Collins. Mayor Stirling said the RETT should be separated from this hearing and deal with it in the final PUD. Councilman Blomquist moved to adjourn at 5:30 p.m.; seconded by Councilwoman Walls. All in favor, motion carried. ch, City Clerk