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HomeMy WebLinkAboutminutes.council.19840529~u~i l~lee~lng aspen ~lty Council May 29, 1984 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Stirling called the meeting to order at 4:15 p.m. with Commissioners Blake, Madsen, Klanderud, Kinsley and Child and Councilmember Knecht and Blomquist present. 1. Report from Senator Tom Glass. Senator Glass told the Boards the immunity from anti- trust for local government bill was killed in the House. Senator Glass went over the history of this bill for the last two years. Senator Glass told the Boards he has assurance from Representative Scott McInnis that they will again sponsor the bill next legislative session. Senator Glass said he feels this bill did not receive fair treatment either year it was introduced. Senator Glass said legislators should be held accountable and many rural newspapers do not report the actions of the state legislature. Senator Glass said another interesting issue in the state legislature is correctional facilities. There are 270 prisoners backed up in county jails waiting to go to state facilities; there are four in the Pitkin Country jail. Senator Glass said the county tax payers are picking up the tab for these prisoners. Senator Glass said it costs $21,000 per year to house a prisoner. Senator Glass said he feels alternative ways of punishment should be looked at like r~stitution, community service, paying into victim's fund, intensive supervision; things that are more cost effective than jail. Senator Glass said the state funding more correctional facilities means there won't be money for schools, highways, higher education. Senator Glass pointed out three of the prisoners in Pitkin County jail awaiting space in a state jail are convicted of writing bad checks. Senator Glass said he would like to have a discussion of the sales tax issue in Pitkin County for the buses. Senator Glass said the Boards should start working on legislation for this now, work with Colorado Counties, Colorado Municipal League. Curt Stewart, county manager, said the Attorney General's office will not support Pitkin County's request to be able to collect this tax. Stewart said that was the last administrative approach, and the only solution is a legislative one. Stewart said this issue does have a lot of state- wide impacts. Councilman Blomquist suggested Stewart draw up a resolution for Blomquist to take to the Colorado Municipal League in June. Senator Glass suggested Pitkin County start out with a broad bill which would apply to other municipalities. Senator Glass told the Boards that most of the important issues facing the state were deferred. The legislature did not address education, correctional facilities, water conservation issues. Councilman Blomquist said he would like the city and county to be able to collect their own sales tax. Councilman Blomquist said the city would know faster what the sales tax revenue looks like, and the city is losing money by late payments. Senator Glass encouraged the Boards to work on accountability of their representatives and to get the strategy going for the bills they are interested in. COUNCIL MEETING CITIZEN PARTICIPATION 1. Gaard Moses said he would like Council to.consider updating the sign code. Buildings with interior malls are not addressed by the sign code. Moses told Council when the sign code was written, there were no interior malls, there were not commercial uses on the second floor and these businesses cannot have signs. · Mayor Stirling moved Acting City Manager Ron Mitchell form a committee with people from the building department, architects, and whomever is interested to report back to Council on problems in the sign code; seconded by Councilman Knecht. Councilman Knecht suggested Moses serve on the committee. All in favor, motion carried. Council asked for a report in 30 days. 2. Dave Zaagman asked for a report on the Coors bicycle race~ Mayor Stirling said the city and community is still working on the details. Mayor Stirling said there are some problems with housing for the teams. Mayor Stirling asked people to donate beds for this event. 3. Joe Loscavio, Roaring Fork Transit Agency, asked Council about reinstating some of the benefits they had when they were city drivers, such as ice rink passes, golf and pool passes. The buses provide service to all these places. Councilman Collins moved to add this to the agenda at the end of the meeting; seconded by Councilman Blomquist. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Knecht moved to add to the agenda an ordinance for first reading amending Section 24-3.2 by the deletion of two-family dwellings not be permitted in residential zones; seconded by Councilman Blomquist. All in favor, with the exception of Mayor Stirling. Motion carried. 2. Councilman Knecht requested staff clean off Castle Creek bridge on the sidewalks. 3. Councilman Collins brought up improvements at the Aspen Institute. This property is zoned SPA, and Councilman collins would like a report from staff on what this construction Councilman Collins moved to add this to the agenda at the end; seconded by Councilman Blomquist. All in favor, motion carried. 4. Mayor Stirling went over the items to be tabled; appropriation ordinance, Mother Lode proposals, Sales Tax Refunding Bonds, Bennis Lot Split, and Highway 82 Alternatives. 5. Mayor Stirling brought up the opening of the Wheeler and the gala event. Mayor Stirling said a lot has been accomplished at the Wheeler. Regular Meeting Aspen ~luy ~ouncl£ may z~, 6. Councilman Blomquist moved that the adminiStration have the alleys flushed a couple of times before the Design Conference to get rid of the dirt and trash; seconded by Council- man Collins. All in favor, motion carried. ASPEN MOUNTAIN LODGE PUD/TOP OF MILL Sunny Vann, planning director, said this involves the residential portion of the PUD, conceptual PUD review, a rezoning action, and a potential land trade. Vann told Council P & Z has reviewed this and passed a resolution with respect to the residential parts of this project. Vann said planning office and P & Z have some concerns in the conceptual review. Vann said under PUD, certain variations are permitted and the Top of Mill requires some variances including FAR, height and parking. Vann told Council said as a result of decision Council made on the lodge, the residential components are consistent with the FAR granted at conceptual review of the lodge. Council retained the ability to examine the overall FAR during the residential review. Vann said the FAR on this site ranges from .42:1 to .75:1. Vann reiterated the Code gives no direction regarding calculation of an FAR in mixed projects, or projects located in more than one zone district. Vann said the Top of Mill sites lies in an R-15/PUD/L on the east and the L-2 zone on the north and west. The height requirement in these zone districts is 25 and 28 feet respect- ively. The applicant's proposal requests a maximum height of 33 feet on some of the build, ings from the lowest point to the mid-point of the roof. This will require a variation in the height. The Code requires one parking space per bedroom, requiring 138 spaces~ the applicants are proposing 2 spaces per unit for a total of 80 parking spaces. The Code addresses criteria in which parking requirements can be varied. Vann said P & Z has passed a resolution in support of this project, conceptually, subject to certain conditions. One area of concern is visual impact of this project; Vann said the site does help hide the project, but there is a concern about height. Vann told Council the applicant has made certain concessions about the height. The P & Z is concerned about retention of vegetation to help hide the project and also the view from Mill street. Vann said there is a concern about providing fire access to all the units. There is a condition from P & Z that the applicants retain professional services to address the fire access problem, prior to preliminary. Vann said another concern is the Ski Club and the rope tow. Both the Aspen Skiing Company and the Ski Club have submitted letters in support of this project. P & Z left specific submission on location of the Ski Club as a condition of preliminary approval. Another issue is closing of Summit street; the planning office has requested a right-of-way so if the expansion of Summit street becomes necessary it can be accomplished. Vann told Council the information supplied by the applicant in an updated parking survey, and the criteria in the Code leads P & Z and the staff to support the parking reduction request. Vann said the applicants are requesting a vacation of south Mill street of 2800 square feet and will be used to access the parking. This vacation will not be used for develop- ment. The P & Z and staff also support the vacation with certain conditions. The applicants have been exploring a trail easement to link up lift lA and Little Nell's. Vann told Council the P & Z and planning office have no problems with the density of the project; it is well site-planned for the transition between development and the base of the mountain. The open space is extensive. The ? & Z and planning office want the appli- cant to retain vegetation and further landscape areas to minimize the view of the project from lift lA. P & Z feels a variation in height is appropriate because by going up, it allows the project to maintain maximum open space. Vann said the Top of Mill application has two requests for rezoning. One is for the city owned parcels of land, which are zoned Public, and would have to be rezoned. The applicant requested L-2 zoning; P & Z and staff recommend R-15/PUD/A which is consistent with the remainder of the site. Vann said his recommendation is consistent with the land use plan and that L-2 allows multi-family dwellings, which is inconsistent. Vann said the appli- cants have withdrawn the request to rezone the rest of the parcel L-2; R-15 zoning will allow development of the project since the FAR issue has been resolved. Councilman Blomquist said he would prefer to see Summit street as an 8 foot sidewalk with heavy landscaping. Vann said the staff does not want the use of Summit street precluded as a street in the future. Councilman Blomquist said he would like the Lift lA to Little Nell trail loop worked out. Councilman Blomquist said he is agreeable to a square foot- age trade for the city-owned parcels and the Koch lumber property but would also like to apply that to the vacated streets, which would total almost the entire Koch lumber parcel.. Councilman Blomquist said he would add the Koch lumber to the PUD, which would bring the FAR to 1:1 and would give the city open space. Councilman Blomquist said he would like the PUD amended that Council will approve disposal sites for the fill from the project. Councilman Blomquist said Council should also be concerned about the construction, the dirt and other guests experience. Councilman Blomquist said he would like to see a model of the project. Councilman Blomquist said he would like to see the parking at one space per bedroom for a total of 183 parking spaces. Mayor Stirling said he is not in favor of varying the underlying height restriction for Top of Mill or 700 South Galena. Mayor Stirling said he would like the views protected. Mayor Stirling said he would be willing to grant a variation for the parking requirement but would like the 58 spots dedicated to a future municipal parking garage. Vann said he has a problem including the Koch parcel as part of the PUD for FAR purposes. The Code has provisions about contiguity for calculating FAR. Vann said the staff could write a Code amendment to deal with the concern about the dirt and fill; howe~r, th~ preliminary PUD will require detailed construction information. Vann told Council the P & Z agreed with Mayor Stirling about the height but felt that preserving open space was more important and a trade off in the height was appropriate. John Doremus reminded Council they were presented with a parking study done by TDA earlier this year. Doremus said the study was done on five separate days, counted 10 Condos, 560 bedrooms during peak winter time. Doremus said the study indicates .68 spaces per condo- minium during the winter time. Doremus told Council this study is consistent with other studies done for Snowmass and Copper Mountain. Doremus said the ~udy gives a winter parking demand of .55 space per bedroom and a summer parking demand of .66 spaces per bedroom. ~egu±ar ~ee~ng Aspen u~y uounc~± may z~, Doremus told Council their study shows that luxury condominiums rent 40 to 55 per cent of the time. Over half of luxury condominiums are kept for owner occupancy; the occupancy level is lower than for other types of condominiums. Doremus said the study shows the winter demand for parking is 66 spaces and the summer demand for parking is 53 spaces. The applicants are providing 80 parking spaces. Doremus said the applicants would like to take care of the real demand. The engineering department has reviewed the study done by the applicant. Chris Gleister, architect for the applicant, said it is expensive to put 80 parking spaces underground. Gleister said they looked at the parking demand carefully and feel they are making a generous proposal. The applicant would like to put as many cars underground as possible because this is a fragile site. Gleister told Council P & Z was concerned about the two buildings at the terminus of Mill street and that they would obliterate the view of the mountain. Gleister said the appli- cant has agreed to a height cap of between 35 and 36 feet and is a help in making the project less visible. Vann said at P & Z, the applicant made a significant reduction in the height of the projects. However, a height variation is still required Doremus showed Council the differences in heights of the different presentations. Donald Bain, representing the Andermans, argued that 700 South Galena is an inappropriate site for inclusion in the PUD. Galena street separates this site from the rest of the PUD. Bain said there is little public benefit derived from the 700 South Galena site. Bain said 700 South Galena should stand on its own merits, it should meet the underlying zoning for height, bulk, etc. Bain said these roofs will have a very negati~ impact on the Anderman's residence. Bain said the burden should be on the developer to show some public benefit in what they are doing. Council looked at the model done by Russ Pielstick. Marge Riley said the committee to preserve open space would like to have a scale model of the whole project. Councilman Knecht asked if the 700 South Galena portion is not included in the PUD, what would be the maximum height. Vann said it would 28 feet to the midpoint plus 5 feet. Vann said t.he density of the project is not a function of the PUD; it is a function of the size of the units. Mayor Stirling said this will be resumed on June 11 for an hour. Mayor Stirling asked the applicants about getting a model. Alan Novak said work models will be done for the preliminary PUD. PROSPECTOR TIMESHARE APPLICATION Alan Richman, planning office, gave Council a detailed summary of the application and review of this timeshare. City Attorney Taddune said the attorneys had agreed that an executed release, releasing Council from any claims arising out of the denial of the application first time around should have been given to Taddune. Gideon Kaufman said he has agreed to sign this as soon as the insurance counsel prepares the document. Richman said his memorandum consolidates P & Z's conditions and Council's comments and recommends approval with 34 conditions. Richman said the conditions are calling out the requirements from the ordinance so it is clear what is required. Mayor Stirling asked about the recommended period of recision, and whether the subdivision developer should register with the real estate Commission. Kaufman said they have amended this application to comply with all the requirements of the timeshare ordinance, and they will be registered. Mayor Stirling said the condition about not raising the assessment fees without all the owners being informed is important. Mayor Stirling said the disclosure statement is critical. Mayor Stirling asked about the landscaping on the south side. Terry Liming said he had met with the parks director and has agreed to put in a brick side' walk from Monarch to Mill and will relandscape the area. Councilman Blomquist moved to grant subidivision to Merrit Investment for the purpose of timesharing the Prospector subject to conditions 1 through 34 in the planning office memo of May 29, 1984; seconded by Mayor Stirling. Kaufman brought up the $3,000 charge for planning time. Kaufman said the $1500 attributable to this project, the applicant has not problem paying. The other $1500 was time the planning office had to take during the denial, lawsuit and subsequent reviews. Kaufman said the applicant does not feel its fair to pay this half of the fee. Richman told Council the applicant was not charged for any time spent in amending the timeshare regula- tions; the fees are directly attributable to processing this application. Councilman Blomquist amended his motion to add condition #35 written by City Attorney Taddune to release the lawsuit; seconded by Mayor Stirling. All in favor, with the exception of Councilman Collins. Mo%ion carried. CENTENNIAL WATER AGREEMENT Councilman Blomquist said the city has a standard procedure regarding water agreements and questioned having a special agreement..Councilman Blomquist said he feels these are layers of contractual arrangements different from other arrangements the city has negotiated with. Councilman Collins asked what concessions in tap fees are being made in this agree- ment. Councilman Collins pointed out the water fund is in a poor cash position and how much can the city afford to give away. Acting City Manager Ron Mitchell said the agreement calls for an initial deposit of $573,800 once the construction financing is in place. ~Mitchell said the developer would pay a 25 per cent deposit against the total tap fee, then would pay pro rata as each building taps on. Sam Browne, the applicant, told Council the city staff and his staff spent a lot of time working out a way to be fair to everyone and fair to the beneficiaries of the project. This is an employee housing project with fixed prices. Mitchell said Council approved a reduced tap fee of $572,000 based on using water conservation devices and employee housing. The staff then worked out a payment schedule, which they are presenting to Council. Brown said the developer pays a large down payment before they start doing any work; the staff recommendation for this is $143,000, which is 25 per cent of the tap fee. As the buildings come on line, the balance of the tap fees are paid. ~egu±ar ~ee~lng Aspen ~l~y ~ouncli may z~, John Musick said the staff was instructed to draw up a standard agreement; this agreement was based on negotiations with the developer. Musick said there are only three paragraphs in this agreement that are not standard; however, they are complex. Musick pointed out a favor is being granted to a large project. Musick told Council they started with the tap fee in effect at the time approval of the project was granted, which was $717,000. The developer requested a reduction of 40 per cent for water savings. The engineers disagreed with a 40 per cent reduction, and said the savings to the capital project would be more in line with 20 per cent. The city manager recommended a 20 per cent reduction from $717,000 ~ to $572,000. Musick told Council the developer requested a reduction in the amount of upfront money; acting City Manager Ron Mitchell has recommended the lowest reduction of upfront money to be 25 per cent or $143,000. The developer requested a lower amount. Mayor Stirling moved to accept the staff recommendation on page 6 paragraph 2a of $143,460 or 25 per cent of the tap fee; seconded by Councilman Knecht. Brown is requesting a further reduction to $100,000. Mayor Stirling said many concessions have already been made and would like to stay with the staff recommendation. Councilman Collins said tap fees are burdensome on any size development; people pay proportionately to the development. Councilman Collins said when the city's water management plan was set up, there were not provisions for this type consideration. Councilman Collins said the water users are facing a rate increase, and that any concessions are unfair. Brown said the tap fees will be roughly $4,000 per unit, which is 10 per cent of the housing costs. Other people do not pay 10 per cent of the cost of their housing. Brown said that much money is inequitable to people who need affordable housing in the comm~nty. Mayor Stirling said he is willing to make the concession of 20 per cent reduction and the staff recommendation is equitable. Musick said this reduction will amount to about $1,000 per unit. Councilman Blomquist said the $573,000 tap fee is 20 per cent less than normall~ would have been charged, and he would like to get this money up front. Councilman Knecht and Mayor Stirling in favor; Councilmembers Blomquist and Collins oppose~. Motion NOT carried. Councilman Blomquist moved that Centennial pay the city $573,840 upon application for building permit for water tap fee; seconded by Councilman Collins. Mayor Stirling said this is a unique form of housing, and this concession is a way for Council to respond and assist the developer. Mayor Stirling said the Council cannot put the burden to get the water fund out of the red on one applicant. Brown said paying $573,000 at building permit time or at time of construction financing makes the project unbuildable. Councilman Knecht suggested waiting for Councilwoman Walls to continue this discussion. Councilman Blomquist withdrew his motion and moved to table this item; seconded by Councilman Collins. Mayor Stirling said he has been opposed to this project, but it has been approved through ii the land use process in the county. Mayor Stirling said he did not feel the Council shoul~ put in a final hurdle which would stop the project. Councilman Blomquist said he would like the city to follow the standard procedure. Brown pointed out the Council can waive the tap fee, which is permitted in the Code. All in favor, motion carried. ORDINANCE ~8, SERIES OF 1984 - Cable Permit Mayor Stirling opened the public hearing. City Attorney Taddune said this ordinance out- lines the terms of the cable permit and frames a question for the electorate. Bil Dunaway said he feels it is a mistake to allocate 3 per cent to a specific entity like community access. Dunaway said the per cent should be at Council's discretion to allocate in the future; this ties Council for 15 years. Herb Klein said Canyon Cable is going to pay the 3 per cent. Klein said funds that are paid by a cable operator can only go to certain designated functions set up by the FCC. The 2 per cent franchise fee that goes to the city is only allowed to cover the actual regulatory cost of administering a franchise. Acting City Manager Ron Mitchell told Council the cable advisory board recommended the fund should be earmarked and used for a specific purpose. Si Coleman presented some changes for the cable permit ordinance. One is 11 FM stations rather than 10 FM stations, consistent with what the cable is providing. Kelly Bloomer agreed to the change. Coleman suggested another change "within the FM band, Canyon Cable shall designate 99.1 megahurts for the term of this permit as community radio channel". Bloomer said he had no problems with that change. Coleman said throughout the agreement he has added radio channel. Coleman asked exhibit b be changed to add community access (2)i radio as well as television. Coleman asked that RFPR, Aspen, Colorado be changed to KVWR Laramie, Wyoming. Taddune said the radio and television language recommended by Coleman is satisfactory to staff. Taddune said there is language in the ordinance to calculate the administrative cost of the cable permit election. Klein said the point is not to subsidize Grassroots but to foster community efforts. It will be up to Council to decide how the money is distributed. Joyce Hatton said the cable should be required to carry local stations. Klein said local governments cannot require cable companies to carry anything but "must carries". Mayor Stirling closed the public hearing. ~-~ Councilman Blomquist moved to adopt Ordinance ~8, Series of 1984, cable television permit with Si Coleman's amendments; $2500 administrative costs; and dates and quarterly payments 30 days after the quarter's end; seconded by Councilman Knecht. Roll call vote; Council- members Knecht, aye; Collins, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. RESOLUTION #19, SERIES OF 1984 - Construction Bond Mayor Stirling said the proposed construction bond has been reduced from $500,000 to $250,000. Councilman Blomquist moved to approve Resolution ~19, Series of 1984; seconded by Councilman Collins. Kelly Bloomer said the actual work to be done in Aspen will be between $200,000 and $250,000 so they are requesting a reduction. The rest of the work will be expansion of the head-in and work on the office. Klein said the cost difference between the two bonds is about $5,000. This is a construction/performance bond. All in favor, motion carried. ORDINANCE ~10, SERIES OF 1984 1983 Budget Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt Ordinance #10, Series of 1984, on second reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Blomquist, aye; Collins, aye; Knecht, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~3, SERIES OF 1984 -Deane Hydropower Plant Mayor Stirling opened the public hearing. Bob Francis told Council there have been revisions to the contract; the staff and applicant are still working on the contract. Councilman Blomquist moved to table Ordinance ~3, Series of 1984 until June 11, 1984; seconded by Councilman collins. All in favor, motion carried. Mayor Stirling moved to go back to weekly Council meetings starting June 4th; seconded by Councilman Blomquist. Councilman Blomquist and Mayor Stirling in favor; Councilmembers Collins and Knecht opposed. Motion NOT carried. ASPEN ARTS WEST BALLOT QUESTION Andy Hecht said they would like to set a special election on this question, There is an indication that the parking can be accommodated along with the performing arts center. The final study is not prepared. Hecht said the unresolved issue is Cap's Auto Supply. Arts West would like to go forward with an election with or without a solution for Cap's. They can either find a solution later or Arts West can work around Cap's. City Attorney Taddune drafted a resolution calling a special election for July 31, and an ordinance allowing for one precinct rather than five. The Council will then need to draft a question to send this to the electorate. Taddune said some of the issues are whether the city should convey one parcel or two. Another issue is the financing structure. Arts West is proposing to purchase the present site for the amount of the debt service, to assume the outstanding Oden note. Arts West wants until June 1, 1989 to construct a performing arts center; if it is not constructed, the land will revert back to the county. Also there is a zoning issue, whether the entire site should be zoned SPA. Hecht said Arts West has agreed not to make the zoning part of the election question. Hecht said Arts West would qo through the SPA process. Councilman Blomquist said he is concerned about the Rio Grande as open space; it should be developed as a park and for the arts. Councilman Blomquist said the city should have purchased the Andrews/McFarlin property a long time ago. Councilman Blomquist said Cap's issue should be a separate ballot question. Councilman Blomquist said he would like to add an increase in the real estate transfer tax as another question on the ballot. Councilman Blomquist said he would like to research how much of the Rio Grande property was purchased with sixth and seventh penny monies. Councilman Blomquist said the city ought to buy Cap's. Taddune said this resolution simply calls the election and limits the election to two issues; Arts West and cable television permit. Lennie Oates, representing Cap's, told Council they would like to keep the question of Cap's as part of the ballot question. Oaths said through work with the city staff, Cap's has come to the conclusion there is no other place for Cap's to locate. Councilman Knecht said the question should be the work of Arts West and they should present it as they want it. Hecht said they would like everyone on Council to be supportive of the performing arts center and to have the ballot question reflect that unanimity. Mayor Stirling moved to pass Resolution ~18, Series of 1984, calling a special election for July 31, 1984, with two ballot issues; the Arts West and cable television permit; seconded by Councilman Knecht. Councilman Collins said he would like more time before the election in order to work on the ballot question as well as to see if there are other issues that would be on the elec- tion. Mayor Stirling said Arts West is willing to pay for the election, and they would like the election as uncomplicated as possible, Arts West has agreed to add the cable television permit question but does not want any more issues. Mayor Stirling said Arts West needs to go ahead with funding, and they need to know they have a site for their building. Jay Hammond, city engineer, told Council the parking study will be ready by mid- June. Councilman Blomquist said he would prefer the election to be set for late August and also include other issues. Mitchell pointed out if the election were in late August, there would probably be no construction on the cable system. Councilman Knecht and Mayor Stirling in favor; Councilmembers Collins and Blomquist opposed. Motion NOT carried. Regular Meeting ~l~ ~u~ ~u~ ~-~2 ~, Councilman Blomquist moved to set a special election for the arts center and cable permit for August 28, 1984; seconded by Councilman Collins. Hecht said that would put this at the end of the summer, initiative would be lost, people would not be as interested. Councilman Knecht said this is Arts West ballgame; the Councii is not asking Arts West for anything; they are asking the voters to make a decision. Councilman Knecht said the Council should let Arts West go ahead with their election. Councilman Blomquist said he wants an alternative to putting Cap's on the Rio Grande property. Mayor Stirling suggested changing the resolution from "including" to say "which might include", the election can be set for July and Council can subsequently debate the ballot language. Mayor Stirling moved to revise Resolution 18, Section 1, paragraph 1, adding "which might include"; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~16, SERIES OF 1984 - One election precinct Mayor Stirling moved to read Ordinance ~16, Series of 1984; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE ~16 (Series of 1984) AN ORDINANCE PROVIDING FOR THE USE OF A SINGLE VOTING PRECINT AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JULY 31, 1984 was read by the deputy municipal Councilman Blomquist moved to adopt Ordinance ~16, Series of 1984, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~11, SERIES OF 1984 - MEAN Contract Councilman Knecht moved to read Ordinance ~11, Series of 1984; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE ~11 (Series of 1984) AN ORDINANCE APPROVING THE FOLLOWING AGREEMENTS BETWEEN MUNICIPAL ENERGY AGENCY OF NEBRA~fA ("MEAN") AND THE CITY OF ASPEN: 1. ELECTRICAL RESOURCES POOLING AGREEMENT; 2. AGREEMENT FOR THE PURCHASE AND SALE OF ELECTRIC CAPACITY AND ENERGY; 3. TOTAL POWER REQUIREMENTS POWER PURCHASE AGREEMENT; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEEMTNS ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Blomquist moved to adopt Ordinance #11, Series of 1984, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~12, SERIES OF 1984 - Housing Price Guidelines Councilman Blomquist moved to read Ordinance ~12, Series of 1984; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE ~12 (Series of 1984) AN ORDINANCE ADOPTING THE 1984 HOUSING AUTHORITY QUALIFICATION GUIDELINES FOR LOW, MODERATE, AND MIDDLE INCOME OWNERSHIP HOUSING PROJECTS, RENTAL HOUSING PROJECTS, LODGE AND COMMERCIAL DEVELOPmeNT, AND DEVELOPMENT OF EMPLOYEE HOUSING UNITS AS SET FORTH IN RESOLUTION NO. 84-3 OF THE BOARD OF CO~4ISSIONERS OF THE HOUSING AUTHORITY IN THE CITY OF ASPEN AND PITKIN COUNTY was read by the acting city manager Councilman Knecht asked if these are the same guidelines as adopted by the county. Jim Adamski, housing director, said they are the same. Jim Adamski told Council there is a 5 per cent increase in the cost of living. Councilman Blomquist moved to adopt Ordinance #12, Series of 1984, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~13, SERIES OF 1984 - Appropriations Councilman Knecht moved to table Ordinance #13, Series of 1984; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #14, SERIES OF 1984 Sales Tax REfunding Bonds Finance Director Sheree Sonfield told Council the bond market has been slipping and the city would only recognize minimal savings in doing this. The recommendation is to wait until the savings are greater. Council agreed. ORDINANCE ~17, SERIES OF 1984 Councilman Blomquist moved to read Ordinance ~17, Series of 1984; seconded by Councilman Knecht. Ail in favor, with the exception of Mayor Stirling. Motion carried. ORDINANCE ~17 (Series of 1984) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE ASPEN MUNICIPAL CODE BY THE DELETION OF TWO-FAMILY DWELLINGS AS A PERMITTED USE IN THE R-6, R-15, R-15A, and R-30 ZONE DISTRICTS was read by the deputy municipal clerk Aspen ~lty uouncl± May 29, 1984 Bil Dunaway asked if this ordinance has been presented to the P & Z; the Code calls for all zoning matters to have a recommendation from P & Z to Council. City Attorney Taddune said Council can initiate ordinances and refer them to P & Z for work on the ordinance. Taddune said he has prepared this working document as the request of Councilpersons. Dunaway said it is illegal to adopt a zoning ordinance without a recommendation from P & Z. Councilman Knecht moved to refer Oridnance ~17, Series of 1984, to P & Z for their comments seconded by Councilman Blomquist. All in favor, motion carried. QUARTERLY FINANCE REPORT AND DRAFT CASH RESERVE POLICY Mayor Stirling said Council will have a work session on the cash reserve policy. Sheree Sonfield, finance director, went over the major points in the quarterly finance report. Ms. Sonfield pointed out there have been $627,000 in expenditures in the first 5% months of 1984. Ms. Sonfield said the city is fortunate to have cash reserves to support these kinds of expenditures, but this will affect the capital improvement program. Ms. Sonfield pointed out the negatives in the water fund, which get larger even with increase in water fees. Mayor Stirling suggested Council meet on June 4th to have a financial policy work session, costs to date, capital improvements, and cash reserve policies. Ms. Sonfield told Council she has had help from people in town drafting these policies, and it has been very helpful. 1984 PERSONNEL RULES AND REGULATIONS Acting City Manager went over the changes. One is to change from 18 months to 12 months when a seasonal employee can start accruing benefits. Another change is to reduce from 4 to 1 hour segments that comp time can be used. There is another change that an employee cannot use non-comp time after they have physically terminated; this has not been done but is being specified in the rules. Another change is to add recognition for employee time from Pitkin County or Snowmass for purposes of vacation and sick time accrual. The funeral leave has been increased from 3 to 5 days. The final change covers the confidentiality of personnel. Mitchell said the majority of the changes recognize what is already in practice. These are not increases in benefits. Doug Vaughan, Daily News, asked the Council examine the confidentiality provisions in order to allow for investigations when allegations agains!t employees have been made. Councilman Blomquist moved to table this issue; seconded by Councilman Collins. All in favor, motion carried. Council requested this be brought back June 25, 1984. CONSULTANT PROPOSAL FOR LODGE IMPROVEMENT DISTRICT Monroe Summers reminded Council they passed a resolution to create the base mountain lodge improvement district. Council also discussed a proposal by the consultants working for the Aspen Mountain Lodge, who owns 40 per cent of the land in the lodge improvement district. This proposal stipulates they will be willing to f~ont end the cost of the desing work, if they are the consultants to do the project. This proposal is to have Doremus & Co. do the work and have Sandra Stuller as legal counsel for the lodge improvement district. Summers said staff is asking for conceputal approval by the consultant team for planning and designv ing of the lodge improvement district, and $13~200 for legal expenses. These costs are reimburseable through the assessment of the district. Mayor Stirling asked why the city attorney doesn't do this work. City Attorney Taddune said there will be three entities; the bond underwriter and counsel, the city attorney, and counsel for the district itself. Mayor Stirling said he does not want to see the city spending money until the issues with the bankruptcy and the Aspen Mountain Lodge are resolved. Summers said he would like to get this ready to go without actually starting. Summers said the city has spent about $4,000 for the pre-planning which forms the basis for the conceptual design. This has been approved in workshops with the public and with Council. Mayor Stirling moved to authorize the city manager and city attorney to develop a detailed contract for planning and design services for the base mountain lodge improvement district the team of consultants and other terms outlined in the Doremus & Co. lodge improvement district draft proposal number 2, dated May 21, 1984~ and submit same to Council for final approval; secondly, motion to appoint Sandra Stuller subject to a recommendation by counsel by June 11; seconded by Councilman Knecht. Councilman Collins said he feels there is a conflict in that the professional team suggested to do this work is also retained by the Aspen Mountain Lodge applicants. Councilman Colli~s said it has been the policy of the city and county when seeking professional services to request proposals. Summers said the 'logic behind having the consultants who are working on the Aspen Mountain Lodge has to do with economies of scale. Summers said it is conceiv- able more money could'be spent bringing other consultants on line and having them work with a team of consultants currently working on 40 per cent of the improvement district. These consultants have offered to pay the costs on the front end until the district is formed, which is another inducement. Summers said the staff feels this approach will save money. Summers said bringin~ another team of consultants in to re-do the work seems to be a duplication of effort. Council requested staff to find out how other owners feel about having these consultants work on the improvement district and bring this back in two weeks. Mayor Stirling withdrew his motion, and moved to table this until June 11; seconded by Councilman Knecht. All in favor, motion carried. ASPEN CHANCE SUBDIVISION Alan Richman, planning office, told Council there have been some changes since conceptual approval. All the lots will be conforming lots of 15,000 square feet each. The subdivi- sion will principley be fee-simple lots. There is concern about grading and landscaping. Richman said this site is loaded With mine tailings and is not a natural site. The applicant is proposing substantial landscaping, which will improve the site but does make landscaping an important issue. Richman would like a landscape guarantee, which is an Regular Meeting Aspen C~ty Counc~£ May Zg, option in the Code. Richman presented Council with the landscaping plan, and recommended that Council require the landscaping guarantee. The applicant is not supportive of this recommendation. Richman said there are two possible alignments for the trail, one along an existing roadway on a lower part of the site; the second is higher. The parks director recommends the lower trail. Councilman Blomquist asked about the annexation plans and said it is important to him the park land be dedicated to the city. Karen Smith, representing the applicant, said they feel the upper trail would be more damaging as it requires cutting a new trail 30 feet up a steep slope. Richman said the park dedication fee has been confirmed by the building department; the Council can exempt the employee housing units from this fee. City Attorney Taddune asked if the owners would agree to dedicate all water rights. Ms. Smith said would with the provision for irrigation for landscaping and for the ponds. Councilman Blomquist moved te grant final subdivision approval to the Aspen Chance with conditions 1 through 4 in the planning office memorandum and (5) the city receive a land- scaping guarantee; seconded by Councilman Collins. Council said they would like the applicant to deed to the city the land above the subdivi- sion. Gideon Kaufman said the applicant would do this as a separate action. Ms. Smith said she did not feel the landscaping guarantee was necessary because of the caliber of this development. The owner cannot sell the houses unless the landscaping is completed. Charles Fagan, representing Bill Hewitt owner of lot 5, told Council his client does not like the proposed fence as too close to the property line. Hewitt also objects to the trees too close to the property and will block views. Fagan said there will probably be litigation. There is a utility easement shown in the middle of an adverse possession claim. Fagan said Hewitt is concerned during construction that his water line may be cut off. Fagan said the construction access is shown right along the house, and would like the construction road somewhere else. Taddune told Council they should avoid as much as possible resolving disputes between private litigants. Taddune said as long as the title is in the name of the applicant, he would presume that it the case. Kaufman said the Cede allows an owner to place a fence on the property up to six feet, and this fence will be per the terms of the Code. Kaufman said the access is their legal access to the property. All in favor, motion carried. EAST HOPKINS TOWNHOUSE - REVIEW SUBSEQUENT TO GMP Councilman Collins stepped down due to a conflict of interest. Alan Richman, planning office, said there are three reviews before Council; to exempt the six employee units fromli growth management. These units will be deed restricted, 3 studios to middline and 3 two- bedroom units to low income guidelines. The housing office recommends this action with some conditions. Another review is condominiumization for 9 separate units; 3 office units, 3 studios, 3 two-bedroom units. The employee units will stay as rental units and should have a six month rental provision. There is a parking reduction for the employee units. One space per bedroom is required for a total of 9; six spaces will be provided on-site for the three offices. Richman pointed Out this is a substantial exemption request and there will be an impact on the downtown area. The trade off is exempting parking to get employee units. P & Z felt comfortable with that trade off, since the city is getting six employeeii units. Richman said the recommendation for approval is GMP exemption for the employee units; subdivision exception for condominiumization, and special review exemption for the parking~i P & Z has approved this and passed on eight conditions. Bill Poss, the applicant, presented the site plan and proposed plans. Councilman Knecht moved to approve the GMP exemption for employee units, subdivision excep- tion for the condominiumization, and special review for exemption from the employee parkinq requirements subject to conditions 1 through 8 in the planning office memorandum; seconded by Councilman Blomquist. All in favor, Councilman Collins abstained. Motion carried. SOCIAL SECURITY Acting City Manager Ron Mitchell told Council the city had filed an intent to withdraw from social security. After the city filed this letter, a new social security law was passed which banned withdrawing. There are a number of cities suing, saying this is not Consti- tutional. Bil Dunaway objected to the city spending public money to withdraw from something that every voter has to be in. Mitchell said when an employee survey was done, there was almost unanimous support to get out of social security. Mitchellsaid getting out of social security would increase take home pay, which is non-taxable, and the employees could put their money in some fund that would benefit them. Councilman Knecht moved to disapprove dropping out of social security; seconded by Council- man Blomquist. All in favor, motion carried. TRANSFER OF LIQUOR LICENSE - Red Onion Fred Pearce told Council the new operation would be sandwich/hamburger operation, very simple. Pearce told Council the owners also own the Old Dillon Inn and Pablo's. The opening wi%l be in June and they will serve on the mall. Councilman Knecht moved to approve the transfer of the Red Onion liquor license to Red Onion Restaurant Inc~ seconded by Councilman Collins. All in favor, motion carried. APPLICATION FOR BEER & WINE LICENSE - Village Pantry Mayor Stirling opened the public hearing. Mayor Stirling pointed out the environmental health department is requiring bathrooms to meet Code. Presently there are not enough bathrooms. Pat Richards said the space has been allocated and they intend to install bathrooms. Mayor Stirling asked for opponents. There were none. Mayor Stirling closed the public hearing. Regular Meeting Aspen City Council May 29, 1984 Mayor Stirling moved that based on the evidence presented at this hearing, that the needs of the neighborhood have not been met and that the license is hereby granted, and that the applicant work with the environmental health department on the toilets; seconded by Councilman Knecht. Ail in favor, motion carried. FLOODING PREPAREDNESS REPORT Jay Hammond, city engineer, told Council all indications are that the rivers have not peaked yet. This should happen the end of June. Hammond told Council that Grizzly reser- voir has not been able to divert any water. Hammond requested a fund be established for emergencies to bring in equipment. The city has already purchased sand bags in conjunction with the county, made available to residents at the city's cost. The city has been obtain- ing sand for free from Benedict's pit, but may have to pay for it in the future. At this point, there has been no net loss of revenue. Hammond said there are a number of public bridges and facilities that are potentially threatened by flooding. Hammond said one is the Visual Arts Center, trees are collapsing and clogglng the river. Hammond said in the event there is a need to bring in crews to save a situation, he would like to have an emergency fund to work from. Hammond said one of the issues is city crews and equapment involved in protection of private property. The city's informal policy is that where flooding is really a problem, there is a threat to city property, roadways, and bridges so that the city cannot offer direct help to private residences. Hammond said ~he city also has to try to keep the channel clear. Mayor Stirling said the city has to protect their property. Councilman Knecht said he feels the staff should spend the money as the situation calls for. Council agreed with this, and the Council will be responsive. RFTA BENEFITS Councilman Collins said he would like to see the RFTA employees get the benefits like city employees, like golf pass, use of swimming pool. Councilman Blomquist said RFTA ought to pay for these type of benefits if they want to make them available. Councilman Knecht said they ought to be treated like city employees. Mayor Stirling said he would agree with making some passes available to the RFTA. Councilman Collins said when these drivers transferred from one system to the new, they should not get less benefits. Mitchell told Council in the city, the department as charged $100 and the employees in that department can play golf. Council asked for the details on the golf passes as is done in the city. ASPEN INSTITUTE PARKING LOT Councilman Collins said there is some work going on in :the parking. This area as zoned SPA, and if the Institute as doing improvments, the city ought to see a master plan to know what is going on. Councilman Collins moved to direct staff to look into this and find out what is going on; seconded by Councilman Knecht. All in favor, motion carried. Councilman Blomquist moved to adjourn at 11:20 p.m.; seconded by Councilman Knecht. All in favor, motion carried. ~ch, City Clerk