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HomeMy WebLinkAboutminutes.council.19840827 JOINT MEETING WITH COUNTY COMMISSIONERS. Commissioner Kinsley called the meeting to order at 4:05 p.m. with Commissioners Madsen, Child and Blake, and Councilmembers Walls, Collins, Blomquist, Knecht and Mayor Stirling present. 1. Transit Sales Tax. Commissioner Kinsley said the sales tax issue was on the ballot last spring; althought it passed, there were complications with the overlap in Basalt. Pitkin County proposed an approach to Colorado Counties, and they had some problems with the proposed approach. Pitkin County met with CCI's attorney, a representative from CML, Sam Mamet, and Councilman Blomquist to try to resolve where this is going. Kinsley said the County hopes to get legislation passed this fall through the assistance of CCI and CMl. Tom Smith, county attorney, told the Boards he has sent a letter to Chuck Heim, the attorney for CCI, outlining how Smith disagrees with Heim's position. Smith said he needs to meet with the Town of Basalt so that they are aware of this approach. Smith said there are eight other counties in Colorado with similar situations. Smith is writing letters to those counties asking for their support. Smith said he will meet with the Department of Revenue on asking them to change their mind about the sales tax, but this is probably not an option. Smith told the Boards that CML does not think there will be a problem with this proposal as far as CML is concerned. The attorney for CCI is concerned about equal protection and if it is fairly imposed. Smith pointed out this proposal is talking about where the tax is collected; one pays the tax on products depending upon where they buy these products. There are differing sales taxes throughout the state; this proposal is not creating a tax exemption. Smith said Heim's other point is the cost of the tax versus the benefits of the tax. The benefit here is derived from those that use the bus system; the tax is equally imposed on everyone. Smith said the CCI attorney might see this as an attempt to circumvent the 7 per cent limitation; this is not going around that limitation. Councilman Blomquist said it is imperative the county and city have a good relationship with state groups like Colorado Counties and Colorado Municipal League. Smith said Heim would like to support the Jefferson County proposal; CML feels that Pitkin County's proposal is better and would like to pursue that. The staff said they would keep the Boards informed of the progress. 2. Henry Stein Park. Commissioner Child said in 1981, Dwight Shellman asked the city and county to rename Fisherman Park, "Henry Stein Park". Subsequently, the BOCC recommended the park be renamed. The park belongs to Park Trust Limited, and the county recommended to them the name be changed. Park Trust Limited has taken action to rename the park, and this is a report to the Boards. Child said the sign should be changed and there should be a dedication. Councilman Blomquist said the city should clean this park up; the city has agreed to take responsibility for the maintenance. Councilman Blomquist said the park should be cleaned up before the dedication. Mayor Stirling moved to instruct the city manager to have the parks department as soon as possible shape up the park and advise the Boards Of a date for the dedication; seconded by Councilman Collins. All in favor, motion carried. Commissioner Kinsley pointed out as a result of the spring runoff, the trail is in really bad shape. Kinsley said he has asked the engineering department to make an alternate route around this bad spot. Kinsley said there is a newspaper article about the city taking over the trails. City Manager Hal Schilling said he will get together with the county manager and prepare maps and suggestions. Councilman Blomquist said he would like to discuss the county deeding the right-of-way along the Roaring Fork River to Hunter Creek to the Slaughterhouse Bridge. Councilman Blomquist said he would like the city to annex all that land as well as re-initiate talks about annexing A.C.E.S. A.C.E.S wanted to be annexed but the city was insisting on getting the water rights. Councilman Blomquist said he did not feel the city should insist on A.C.E.S water rights, because water rights is the reason for A.C.E.S. existence. 3. Highway 82 Recommendation. Commissioner Kinsley said the BOCC made a final recommenda~ tion on Highway 82 to the highway department. The Board voted unanimously to recommend the highway department begin purchasing rights-of-way between Brush creek and Maroon creek on the west side of the runway for four lanes; that they begin immediate construction of two-lanes in that area, with commencement on an immediate basis between the intersection of old highway 82 and new highway 82 at the south end of the runway in the vicinity of Owl creek turn off and Maroon creek bridge; that the future of existing highway 82 between Shale Bluffs and the bus barn would be the second Phase to consider for either moving it east or eliminating it. The road would be two-way on each side of the runway, starting out. Kinsley showed the recommendation on the chalk board. Council said they were not pleased with this recommendation and did not feel it was what the P & Z's recommended. Councilman Blomquist said this alternative would open the Owl Creek corridor open to development. Kinsley said this does not touch the Owl Creek corridor. Mayor Stirling said this recommendation has thrown aesthetics, environmental protection and protection of this end of the valley out the window. Mayor Stirling said this is an example of creating an urban environment at this end of the valley. Blake said the county P & Z has been through this, had site visits and recommended this alterna- tive. Blake said the aesthetic issue is the one that moved him to this recommendation. Councilman Blomquist said making a cut for a four-lane highway would eliminate the meadows and wreck the valley. Councilwoman Walls agreed a highway through a meadow will totally change it and ruin the spot. Kinsley said he could not find a way to make the highway work in its existing alignment. The grade separation approach would work but would be a concrete corridor. An alternative would be a series of four traffic lights, which would make an unworkable traffic situation. Councilman Collins said if the highway is four- laned, it will make town a real mess. Mayor Stirling said the approach to the village is as important as the arrival point. Kinsley conceded there are strong arguments on both sides as to which solution is more aestheically pleasing. Mayor Stirling said the easier it is for traffic, the more traffic is encouraged. There should be a balance in the question of auto disincentive. Blake said he feels the present alignment is leading to signalized, strip urban experience up the highway. ReguLar Meetlng Aspen u~ty ~ounc~± augus~ z/, ~u~ Mayor Stirling said this alternative seems to make it difficult for people to get to both the airport and the Airport Business Center. Child said the Commissioners see this solution as being the best from all points of view; the Commissioners were unanimous in their support of this recommendation. Madsen pointed out both the Council and Commissioners are concerned about upgrading the resort experience. The Commissioners are concerned about upgrading to make sure the visitor experience is not stuck in traffic somewhere, as well as the safety consideration. Councilman Collins said the real improvements should be made below Bruch creek, where the road is not safe. Child said the Phillips Curve was supposed to be improved this summer, but has been put off because of the flood damage. Mayor Stirling agreed safety is the most important issue. Councilman Collins said he has received a performance report on the UMTA project, and it is very well done. It has a nice breakdown on line items. Councilman Collins said all Council and Commissioners should get this. COUNCIL MEETING MINUTES Councilman Knecht moved to approve the minutes of July 23, 1984; seconded by Councilman Collins. All in favor, motion carried. CITIZEN PARTICIPATION 1. Mike Clement requested help from the city on Main street with pedestrians. Clement said he sees things happening on Main street that are life threatening. Stop signs cannot be seen because of vegetation and cars parked too close to intersection. Cars on Main street do not yield to pedestrians. Clement suggested the police department ticket cars parked too close to stop signs, the city remove excess vegetation, and have police on Main street to ticket cars that do not yield to pedestrians. Jay Hammond, city engineer, told Council the traffic committee is discussing these issues. The state will be repainting the crosswalks. The city will relocate the pedestrian signs that are hidden by trees. Mayor Stirling said this Council has always felt putting police on Main street is an excellent idea. Mayor Stirling said he would like the city manager to take this up with the police chief. Councilman Collins said he would like th original Main street committee to comment on these issues. Councilman Knecht said he supported having police out on Main street 100 per cent, and this should be accomplished immediately. Councilman Knecht requested the traffic committee look at painting the crosswalks more heavily than just two lines. Councilman Blomquist moved that Council request the State Highway Department and planning office to jointly prepare a plan for landscaped traffic and pedestrian safety islands the full length of Main street; seconded by Councilman Collins. Councilman collins and Blomquist in favor; Councilmembers Knecht, Walls and Mayor Stirling opposed. Motion NOT carried. 2. Chuck Carleton said the Council has put back as a low priority covering of the James E. Moore swimming pool. Carleton presented a petition of people who would use the swimming pool on a year round bases. Carleton urged Council to reconsider their priorities. Councilwoman Walls said she is in full support of this and feels Aspen should have a year round swimming pool. Councilwoman Walls said she would like Council to get together with the school board and try to make arrangements for enclosing the swimming pool. Mayor Stirling said the city manager will get together with the school board to see what can be done. Mayor Stirling said he would like to know how many communities over 8,000 feet have year-round operated pools. Carleton said not too many. Carleton suggested the city look at user fees or maybe the city could try a blanket on an interim basis. Councilman Collins said this has been looked into many times; the city has done some economic studies and the costs of operating and maintaining the pool are high. The deficit to operate it would be significant amount of money. 3. Mark Joseph told Council he is working on a bicycle race for September 16. They will be using the course on Hopkins and Hyman; this is a small criterium course. Joseph said he expects 200 - 300 riders. The course will be closed from 8 a.m. to 12 noon and will allow two accesses between races. COUNCILMEMBER COMMENTS 1. Councilman Collins reported on RFTA; at the meeting last week, the general manager tendered his resignation explaining he feels he has lost his effectiveness as manager. This was taken under advisement by the Board. Councilman Collins reported there were two employees involved in a pie throwing incident. One employee was suspended for two months; the photographer was suspended for one month. This employee appealed and the Board reducedl the suspension to two weeks. 2. Mayor Stirling said the Coors Classic contacted the city and expressed interest in having Aspen as a site for the bicycle race next year. Mayor Stirling said he has asked Monroe Summer to bring to Council a result of the post mortem on the 1984 Coors Classic so that Council can make a decision. 3. Mayor Stirling said a towing case against the city has been resolved; Council received a memorandum from City Attorney Taddune with the ramifications. The city has been vindicated in taking the actions they have. 4. Mayor Stirling said there was a bus maintenance facility tour and the radio mentioned that the City Council boycotted the tour. Mayor Stirling pointed out the invitations were delivered one hour after the tour was finished; the Council had no notice of this. 4. Mayor Stirling said Aspen had a visit from representatives of Wengen, Switzerland. There were interesting ideas proposed, these will be followed up with reports. 5. Mayor Stirling said the M.A.A. just had their last concert. The M.A.A. was well-attended and feels the Wheeler Opera House played a role in the high success this summer. 6. Mayor Stirling said last Wednesday the CCLC sponsored a lighting tour of the downtown area and Main street. Mayor Stirling asked Council how they would like this followed up. Council suggested a work session with CCLC, which was scheduled for Monday, September 17 at 5:00 p.m. 7. Councilman Blomquist requested the electric rate increase from PSCo be added to the agenda, as well as the Martin/Fenton election issue. Councilman Blomquist said he would also like to add a discussion about appointments and reappointments to City Boards and Commissions. Councilman Blomquist requested an executive session after the Council meeting on a personnel issue. Mayor Stirling said the city has an ordinance in which increases in electric rates to the city can automatically be adjusted to city customers. This item is to give Council notice of the rate increase. Councilwoman Walls moved to place the electric rate increase on the agenda; seconded by Councilman Knecht. All in favor, motion carried. Councilman Blomquist move to add the election issue; seconded by Councilwoman Walls. All in favor, with the exception of Mayor Stirling. Motion carried. Councilman Blomquist moved to add an executive session regarding personnel; seconded by Councilman Collins. Mayor Stirling said he is not in favor of executive sessions on personnel and would like notice to be given on the matter involved. All in favor, with the exception of Mayor Stirling. Motion carried. PROCLAMATION - OUTSTANDING CITY EMPLOYEE - Gary White Mayor Stirling said the city is very proud to have a~proclamation for a member of the police department. Mayor Stirling introduced Gary White and read the proclamation. Mayor Stirling moved to add golf passes for Ballet West; seconded by Councilwoman Walls. All in favor, motion carried. ~aun~lIman .Coll~s.~move~ to add to the agenda Ordinance ~27, 1984, regarding backfill, ~~-9-~7~-~i-7-~-~6~'~ed by COuncilman Blomquist. CoUncilwoman Walls asked why t~is was so urgent and comes at the last minute; Council has not had a chance to review this. City Attorney Taddune said this is firSt reading; it will then go to second reading and public hearing. Councilman Blomquist withdrew his second. TRAFFIC COMMITTEE REPORT Jay Hammond, city engineer, said the traffic committee would like to have three ballot questions for a special election in November dealing with the entrance to twon and two questions on the parking situation in town. In order to have these on the November ballot, Council must consider these at this meeting; the wording of the questions can be decided in the next month. Hammond told Council other issues the committee has discussed, like painting the parking lots and setbacks at intersections, are tied to the greater issue of parking. Hammond said parking impacts off-street parking, circulation in downtown. Hammond said the entrance to town has been discussed many times previously; Voorheis in 1973; Halperin in 1975; busway feasibility in 1983. All these studies recommended changes to the entrance to Aspen and that it be more direct than it is now. Hammond pointed out the P & Z has recommended an examination of the entrance to town from the Maroon creek bridge into Main street. As discussed earlier, the County Commissioners have recommended realigning the highway into town. Hammond told Council on the highway by the Castle Creek bridge, it has been found that in 1983 traffic flows are in excess of 22,000 vehicles per day; low season counts are approach- ing 18,000 vehicles per day. These counts have been growing consistently at 8 per cent per year. The Colorado Department of Highways has a design standard for a two-lane highway and their recommendation is not to exceed 1,000 vehicles per hour; highway 82 in this area is running in excess of 1800 vehicles per hour. Hammond pointed out the current highway configuration creates side road conflicts, a bottleneck situation. The entrance poses problems of both safety and convenience. Hammond said granting of rights-of-way in this area would start the process with the department of highways. A minimum time frame would be five years. Hammond said another consideration is the potential ability of the state to take matters out of the city's hands. The city should establish a plan to give the highway department an indication of what kind of solution the city would like. Hammond said in some proposals, the city would be trading rights-of-way with the department of highways and may have the ability to reclaim some of the roadways for open space. Peter Forsch, Aspen Skiing Company, said there is a consensus from studies, task forces, P & Zs that this is an area of utmost priority. Forsch pointed out the goals task force recommends the city's transportation problems be given the highest priority by local governments. The task force report on the role of the city in the resort states, "hassels in transportation and overall vacation, strongest consumer complaints." Forsch said he feels an intolerable situation has been created for both the guests and the locals. Forsch said he realizes there are no easy alternatives; any solution would necessitate relocation of some people and property. Forsch presented maps and alternatives of work on the entrance to town the committee has done. The committee looked at all alternatives and presented three different plans. Forsch said the committee recommended an alternative for the "straight shot" into Aspen. This plan has the ability to combine two intersections into one with a traffic light. This could create a parkway, pleasing experience into town. There are some negative impacts on some residences. Forsch went over some of the other alternatives, on of which is the existing alignment and smoothing out the two curves. This would take quite a bit of property. Mayor Stirling pointed out alternative 4 would be to leave the entrance exactly the way it is. Forsch said the committee does not feel this is a viable alterna- tive. Councilman Blomquist suggested perhaps the bridge is the bottleneck, not the two 90 degree turns. Councilman Blomquist suggested the bridge be four laned and leave the two turns the way they are. Councilman Blomquist pointed out the traffic on Main street cannot be handled if the entrance is opened up. Mayor Stirling said two years ago, the voters voted clearly they wanted to continue the alignment as it now exists. Mayor Stirling said it is important to respond to the people's desires. Mayor Stirling said most people don't complain about the entrance but complain about highway 82 below Brush Creek. People do not want a different entrance to town. People like the aesthetics of the entrance and the pastoral approach. Mayor Stirling said the easier it is for the traffic, the more traffic is encouraged. Mayor Stirling said the major bottleneck is the stoplight at Cemetery Lane and would recommend removing the light. Mayor Stirling said a new bridge is needed, and the road should be Widening for turning lanes. There should be traffic control officers at Cemetery Lane in the morning and afternoon. Mayor Stirling said the proposed alternatives will wipe out $3,000,000 just spent on open space, which lends an unusual character to the community. Alternatives 1 and 2 will allow a speedway on Main street. The current approach slows cars down, it retains the feeling of the town, and makes it pleasant coming into to town. Councilman Blomquist said he would like to see the speed limit on Main street be reduced to 25 mph. Len Olander said experts and committees that put in a lot of time do present valid situations. Olander said the question here is whether the state will be in control of the situation or will the city of Aspen be in control. David White, P & Z member, said he is concerned about the Ostrich approach. The town has to plan about the future of this community; there has to be planning for safety improvements. Tim Brennan said this town has a certain character about it; if a direct alignment would change the character of the town, it is detrimental. Brennan said if this does come to a public vote, the public should be thoroughly educated. Brennan pointed out the state may come out with a standard that fits the state, not Aspen. Jeff Evans, committee member, said there is an emotional reaction anytime four lanes are mentioned. The committee is recommending merge lanes from Castle and Maroon creek and from Cemetery Lane. The committee is recommending a parkway treatment, which would make the entry to town more attractive than it is now. Evans said sitting in a traffic jam on highway 82 does not lend to the image of this town. Evans said this problem has been with Aspen for over a decade and it should be solved. Evans pointed out that the voters two years ago voted on something entirely different. Councilman Blomquist said the voters did not want a straight shot into Main. Councilman Blomquist said this issue can be settled by Council asking the state highway department to four-lane the Castle creek bridge in its present location. The Council would then reject going through the Marolt/ Thomas property or through the golf course. Leslie Lee, planning office, said the staff supports the efforts of the traffic committee as well as planning the entrance to town. It is a critical area, and to disregard it is wrong. The planning office does feel that a ballot issue might be premature, as the staff is in the process of sketch planning and public education. Councilman Collins moved not to put this question on the ballot for November election; seconded by Councilman Blomquist. Mayor Stirling agreed more public discussed is needed to follow the efforts of this committee. Mayor Stirling said these may be better as ballot questions in the May 1985 regular municipal election. Councilman Knecht agreed these issues would be better on the May elections. Councilman Knecht said he does want these to be ballot issues at some point, and November may be too soon. Evans said the Council should decide which alterna- tive they are going to take to the voters. All in favor, motion carried. Councilman Collins brought up the busway feasibility study of 1982 and one of their alternatives was a one-way pair option, which is not mentioned in this report. Councilman Collins asked what happens when the traffic gets to Main street. Evans said the traffic committee is going to address that next. Mayor Stirling suggested the traffic committee set a date in the next two months for a public hearing on the issues brought up in this meeting, clarify the election issues, Main street, removing the light at Cemetery Lane. Councilman Knecht moved to put a question about the new entrance to Aspen on the May election ballot; seconded by Councilman Blomquist. Councilmembers Knecht, Walls and Blomquist in favor; Councilman Collins and Mayor Stifling opposed. Motion carried. Councilman Blomquist moved not to hold an election in November on the parking structure and to request engineering and planning departments for fresh information on parking needs and solutions; seconded by Councilman Collins. All in favor, motion carried. Councilman Knecht moved to put items 2 and 3 On the ~ay election ballot; seconded by Councilman Blomquist. Mayor Stirling said a parking structure has been taken off the capital improvement list as Council felt other items were more important. Councilman Blomquist said he would like to see solutions from the staff in the next six months for Council to consider. Council- woman Walls agreed it is appropriate to have this on the May ballot. ~gular ~ee~lng Aspen ~lty ~ouncl£ August 27, 1984 Councilmembers Blomquist, Knecht and Walls in favor, Councilman Collins and Mayor Stirling ~ opposed. Motion carried. RESOLUTION #27, SERIES OF 1984 - Aspen Mountain Lodge PUD/Employee Housing Sunny Vann, planning director, presented the resolution with the three specific actions the Council must take. Councilman Blomquist said he has a problem with the parking exceptions at the Copper Horse and Alpina Haus. Councilman collins asked if the Copper Horse is individually designated "historic". Vann said it is, and there is a provision in the' Code which allows individually designated structures to be exempt from GMP for change in use. Councilman Collins said this employee housing proposal only satisfies 15 per cent of the employees generated, and the growth impacts are not negligble. Vann said there are criteria in the Code, which the P & Z addresses; these criteria do not address secondary impacts. Councilman Collins said he does not agree that the impacts are negligble as stated in the resolution. Vann said the first set of conditions deal with Council's endorsement of the employee housing solution as part of the overall PUD concept and GMP application. Council had no problem with condition ~1. Vann pointed out the applicants are proposing to replace housing that is being torn down on the site. When the applicants come to Council for condominiumi- zation, the replacement criteria will have been met. This is condition #2. Council had no problem with condition ~2. Council changed condition ~3 to include "City's employee housing guidelines". Council had no problems with conditions #4, 5, and 6. Vann said in #7 the applicants have represented they will upgrade the Alpina Haus and Copper Horse to enhance their desirability as employee units and more information will be available at preliminary. Council had no problem with condition #7. Vann said in the parking there are 11 off-street parking spaces at Alpina Haus; four off- site parking spaces at Copper Horse and at Ute City Place there will be one per bedroom and one additional for 23 parking spaces. There are 32 parking spaces at the Airport Business Center. There are a total of 70 parking spaces at all four sites. There are 14 rooms at the Copper Horse; 43 at the Alpina Haus; 32 at the Airport Business Center and 22 at Ute City Place for a total of 111 units. The proposal is a mix of dorm and residential units. Mayor Stirling said he feels there is a difference in parking requirements for dorm units over residential units. Vann pointed out the Copper Horse and Alpina Haus are existing structures and given the circumstances, it is not likely any more parking will be provided. Vann said the Code recognizes the difficulties in L-3 lodges for providing parking and gives a way to provide less than the parking required in exchange for upgrading the facilities. Councilman Blomquist said he would like to recommend a standard of parking to be achieved before preliminary. Councilman Blomquist said there is a tendency for employees to have a car, whether they drive to work or not. Vann said the Code excludes a minimum standard for parking in employee housing because it is examined on a case-by-case basis. Councilman Blomquist moved to amend condition ~8 be amended to require Alpina Haus to provide at least 23 parking spaces, which is ½ parking space per employee; that the Copper Horse minimum standard of parking be 22 spaces, which is ½ space per employee; and that the same standard apply to the Ute City Place; seconded by Councilman Collins. Councilman Knecht pointed out one of the principles in employee housing is to use already built buildings so that the requirements are different. Councilman Blomquist said the P & Z stated they did not like the parking solution and asked the applicants to proVide a solution at preliminary. Councilman Blomquist is suggesting a standard for the applicants to meet. Mayor Stirling said the objective is to mix the employees throughout the town, without building a large complex. This proposal will have deed restricted dormitory employee housing. This proposal is using existing inventory, which Council had said they would give a premium to in GMP applications. Mayor Stirling said he is willing to give up some parking in order to make this application work. Len Olender, Brass Bed, told Council when the Alpina Haus was used for employee housing, it turned Durant street into a parking lot. Olender said Council has to look at where the projects are and where employees are going to park. John Doremus said P & Z and the staff recommended that the applicant be given the opportunity to find solutions, which might be other than parking spaces. Doremus said the applicants would like time to find other methods of mitigating the parking. Councilman Collins said there is a possibility that in the future there will be no parking on Main street; if this happens, it will exacerbate the parking situation. Councilmembers Walls, Collins and Blomquist in favor; Councilman Knecht and Mayor Stirling opposed. Motion carried. Council requested conldition ~9 be changed to ~eflect "city's housing guidelines". Council had no problem with #10. Vann explained in condition ~11 P & Z said conceptually, they wanted the applicant to augment the county bus system and give details at preliminary. Councilman Knecht moved to accept the 12 conditions with the amendments as indicated; seconded by Councilwoman Walls. All in favor, motion carried. Vann told Council section 2 deals with Ute City Place, with is 100 per cent deed restricted. In order to be exempt from GMP, this requires Council approval. P & Z has recommended Ute City Place be exempt from GMP with two conditions. Council requested the same change of "city's housing guidelines". Councilman Knecht moved to accept section 2 with two conditions with the change above; seconded by Councilwoman Walls. All in favor, motion carried. ReguLar Meeting Aspen u~ty uouncl± augus~ Vann told Council the Ute City Place is a multi-family structure and is subject to the city's subdivision regulation. The conditions in section 3 are from the prior subdivision review of the project with minor changes. Condition ~2 the engineering department requests the applicant to re-evaluate the parking access before preliminary. Mayor Stirling pointed out condition #7 requires the applicant to do things before preliminary that cannot be done, Vann agreed to change conditions 1, 3, and 4. Vann said the Council will have to reconfirm the rezoning of this property to RBO at final plat. Vann said this project could be constructed as a free market project with the RBO right now. This proposal is for a smaller footprint with better parking and better access. This project will be within the FAR, although there will be more dwelling units on the property. This application is for 100 per cent employee housing, rather than free market and employee housing. Council suggested having a condition that the applicant receive a RBO overly rezoning for Ute City Place. City Attorney Taddune said Council has to retain the prerogative to consider any input disclosed during the public hearing process. Councilman Knecht moved to accept Section 3 addition condition 98 on the rezoning issue and taking 1, 3, and 4 so these conditions do not have to be physically in place before preliminary review; seconded by Councilman Collins. All in favor, motion carried. Margaret Albouy read a statement to Council regarding employee housing. Mrs. Albouy recommended Council shift the focus of housing to the kind of facilities needed for seasonal employees to provides for all their basic needs under one roof. Mrs. Albouy said the city should encourage seasonal employees to be truly seasonal. This facility could be used by the music students in the summer. Councilman Blomquist moved that staff bring the resolution back to Council for review of the specific language changes; seconded by Councilman Collins. Councilmembers Walls, Knecht and Mayor Stirling opposed; Councilmembers Collins and Blomquist in favor. Motion NOT carried. Councilman Knecht moved to~ adopt Resolution ~27, Series of 1984, with the outlined amendments and have the Mayor sign it; seconded by Councilwoman Walls. Councilmembers Knecht, Walls and Mayor Stirling in favor; Councilmembers Blomquist and Collins opposed. Motion carried. ASPEN MOUNTAIN PUD - Request for Staged PUD Review Sunny Vann, planning director, reminded Council the applicants submitted the conceptual stage in two parts; the lodge component, and the residential component. There are two different dates in the Code for lodge GMP and for residential GMP. Vann said after conceptual, the planning office wanted the project to come together for preliminary and final. Vann said it has become difficult for the applicants to follow this course and they have requested the preliminary PUD be separated as in conceptual. The main reason is the time is has taken to complete the conceptual process. Vann said staff has concluded there is the flexibility in the Code to allow this. There are some drawbacks, such as not seeing the entire project. Vann said the applicants have presented arguements to proceed in a staged review in order to start construction next spring. Mayor Stirling said the benefits of putting the application together at preliminary are full disclosure, proper notice, the interrelationship of the two components, clarity, avoiding duplication, and making the process less tiring. Councilman Blomquist said during conceptual review of the hotel, the Council inserted a provision that the hotel was not approved until the whole PUD was approved. Councilman Blomquist said he feels the prelimin- ary can use the same step-by-step process. Councilman Blomquist said he is in favor of staging the review, and there is no preliminary approval until all stages are through. This will not proceed to final plat until all the steps have been met and the entire project reviewed. Doremus said staging this review will save more than one season, which is a benefit to the community. Councilman Collins said he would like a schedule of approvals, drawings, construction, etc. Councilman Collins said he throught the object was to have the entire project built at once and to have it fit in with the lodge improvement district. Doremus said there have been problems because of the bankruptcy; the applicants have not owned the property nor had conceptual approval~ Doremus said now they have conceptual approval, they will provide a schedule. Councilman Knecht moved to allow the applicants for the Aspen Mountain PUD to phase or stage the submission and review of their preliminary PUD/subdivision application; seconded by Councilwoman Walls. Councilman Blomquist requested the motion be amended to add, "provided any preliminary stage shall not be approved until the preliminary for the entire PUD has been approved'!. Councilmembers Knecht and Walls accepted the amendment. Doremus said the amendment is fine if the implication is that the city will review and comment on the various stages. Councilman Blomquist agreed with this. Vann said he would like direction from Council that this addresses only preliminary PUD submission. Vann said this approval does not automatically guarantee the applicant's right to piecemeal subsequent reviews, such as final of building permit. Council agreed. Mayor Stirling said he feels a staged review would benefit the community. All in favor, with the exception of Councilman Collins. Motion carried. ORDINANCE ~25, SERIES OF 1984 - Nugget Rezoning Colette Penne, planning office, told Council when the class action rezoning for L-3 lodges was done, the legal description for the Nugget missed the east half of lots E and O. Councilman Blomquist moved to read Ordinance ~25, Series of 1984; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~25 (Series of 1984) AN ORDINANCE REZONING TO TO LODGE PRESERVATION (L-3) THE EAST ONE-HALF OF LOTS E AND O, A~D ALL OF LOTS F, G, H, I, P, Q, R AND S, BLOCK 58, CITY AND TOWNSITE OF ASPEN, ALSO KNOWN AS 110 WEST MAIN STREET was read by the city clerk Councilman Knecht moved to adopt Ordinance #25, Series of 1984, on first reading; seconded by Councilman Blomquist. Ms. Penne pointed out this parcel has been completed considered in terms of rezoning criteria at the time of the L-3 rezoning. Roll call vote; Councilmembers Walls, aye; Collins, nay; Knecht, aye; Blomquist, aye; Mayor Stirling, aye. CONDOMINIUMIZATION - Nugget Lodge Colette Penne, planning office, told Council this is an L-3 lodge; it is below the permitted FAR at .53:1. The intent of condominiumizing lodges is to maintain the units in the short term rental market; there is evidence of compliance with this in the condominium declara- tions. The Nugget Lodge has proyided an 520 square foot employee housing unit; this application is providing a 584 square foot unit,wkichlwitt supply two pillows of employee housing. Ms. Penne said the Code requires a minimum of two employee pillows or the amount of employee housing provided for the last three years. Gideon Kaufman, representing the applicant, said the housing office's condition addresses the verification and qualification of the employees for this housing. Kaufman said rather than have the employee qualified by the housing office, these units may be rented to seasonal employees, like maids. Kaufman said they are willing to charge the l~w income as long as they can rent to seasonal employees. Kaufman said the intent is to make sure the employees of the lodge have a place to stay. Councilman Blomquist said the lodge owner should be free to make the choice of Who stays in the unit; it might be a higher income employee, like manager. Kaufman said the intent of the lodge condominiumization ordinance was to have full-time employees living on site. Mayor Stirling said he would like to hear from the housing authority on this issue and whether this should be low or middle income guidelines. Councilman Blomquist said the committee's intent was that the housing in the lodge be for employees of the lodge. Councilwoman Walls said the housing office feels low income housing is what is needed. Mayor Stirling suggested leaving condition ~6 in and getting a report from Jim Adamski at second reading of the ordinance. Mayor Stirling asked why there is no parking condition. Ms. Penne explained the Nugget is not requesting any new units. Kaufman pointed out there are 22 spaces in the city's right-of-way because this street is twice as wide as other streets. Kaufman said he has been discussing vacation of the alley with staff. The alley is vacated on the map but there is no formal proof of vacation. The engineering department has requested information on utility locations, etc. Ms. Penne broughtl up a condition added by P & Z. There is a Code section which states subdivisions should not be named similarly to other subdivisions. The name chosen for this is "Hotel Aspen" and P & Z suggested the name be changed because Aspen is used a lot with other inns and lodges and is a source of confusion for visitors. Also the name connotes a full hotel, which this is not. Mayor Stirling said he thoroughly agrees but does not feel the Council has any real jurisdiction over things like this; it is the applicant's choice. Kaufman said the Code addresses recorded subdivision plats and it is stretching to use this section of the Code. Kaufman said the Secretary of State has granted permission to use this name. Councilman Blomquist suggested P & Z look at the sign code to see if this problem could be addressed in the sign code. Mayor Stirling moved to delete condition ~7; seconded by Councilman Knecht. Councilmembersl Collins, Knecht and Mayor Stirling in favor; Councilmembers Walls and Blomquist opposed. Motion carried. Councilman Knecht moved to approve the subdivision exception for the purpose of condominium- izing the Nugget Lodge, dropping condit±on ~7 and waiting for a report from the housing authority on condition ~6; seconded by Mayor Stirling. All in favor, with the exception of Councilwoman Walls. Motion carried. SUBDIVISION EXEMPTION - Mary Karen Euler City Attorney Taddune said this is a court order decree that this lot be exempt from the definition of subdivision regulations. Taddune said he takes exception because he was not given notice of proceedings. Lennie Oates, representing the applicant, said these lots A and B are adjacent to one and other. A couple, who jointly owned the property, got a divorce; as part of the decree each person got one detached single family dwelling. The Code says a subdivision created by a court order is exempt from subdivision. However, the judge divided the property the wrong way. Taddune said the court should not order a decree without giving him an opportunity to comment on the ramifications. Taddune said he is comfortable with this if he has a statement of subdivision exemption and the planning office reviews the maps. Councilman Blomquist moved to grant the exemption for the southerly half of lots A and B subject to a statement approved by the attorney's office and maps approved by the planning office; seconded by Councilman Knecht. Taddune said he would like a Code amendment that the city be provided with notice and an opportunity to be heard in Court cases regarding land use. All in favor, motion carried. RESOLUTION #24, SERIES OF 1984 - Denying Smuggler Mountain Annexation Petition Mayor Stirling pointed out there is a letter from the owner of the Centennial project who would like to know the ramifications of annexation before he commits to being part of the annexation. City Attorney Taddune said there was a petition in opposition to the petition for annexation election. A representative of that group is present to discuss this position. Mick Ireland said he felt the city ought to annex Silverking and Centennial areas as these areas are part of the city. Ireland said he opposed the annexation because that was not the proper tool to stop Centennial, and the people behind the annexation petition were motivated for other reasons than annexation. Ireland said he would withdraw his opposition and would like to see Council go forward with annexation of this area. Taddune reminded Council this annexation petition has a lot of problems; one is the opposition filed by Ireland. Council can find the petition is not in compliance and approve this resolution. Council can ask Ireland to withdraw his statement and Taddune will present a petition to approve the annexation and move this forward. Taddune said all the ramifi- cations of annexing this area are not all known. Mayor Stirling asked about the staff report on annexation policies. City Manager Schilling said he would report back to Council. Councilman Blomquist moved to approve Resolution #24, Series of 1984, changing the title and substance to find the annexation petition sufficient; seconded by Councilwoman Walls. Councilman Blomquist said Taddune should redraft'the resolution for Council. Schilling said it is important for the city to have an annexation policy and a procedure for assessing the implications of annexation. All in favor, motion carried. Council directed staff to get started on annexation of this ORDINANCE #23, SERIES OF 1984 - Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Collins moved to adopt Ordinance #23, Series of 1984, on second reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Blomquist, aye; Walls, aye; Collins, aye; Mayor Stirling, aye. Motion carried. BUDGET WORKBOOK PRESENTATION Finance Director Sheree Sonfield, Dallas Everhart, and Cindy Shafer presented the budget workbook and schedule. Council changed the budget hearings to 3 p.m. to 5 p.m. three days a week, starting this week. RESOLUTION #29, SERIES OF 1984 City Manager Agreement City Attorney Taddune told Council the only outstanding item is the amount of the life insurance. Council discussed the city,s policy and amount other employees are covered. Mayor Stifling moved to approve the city manager's agreement as written, leave section 12(F) open and direct the Mayor and City Attorney to work it out, and to adopt Resolution #29, Series of 1984; seconded by Councilman Collins. All in favor, with the exception of Councilman Knecht. Motion carried. LIQUOR LICENSE RENEWALS - City Market; Magnifico's Councilman K~echt moved to approve the liquor license renewals; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #26, SERIES OF 1984 - Refunding Bonds Finance Director Sheree Sonfield said Council looked at this earlier; however, the bond market changed and action was postponed. Ms. Sonfield told Council the bond market is favorable and she is recommending proceeding with refunding the bonds to save the city about $200,000. Councilman Knecht moved to read Ordinance #26, Series of 1984; seconded by Councilwoman Walls. ORDINANCE #26 (Series of 1984) AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF ASPEN, COLORADO, SALES TAX REFUNDING REVENUE BONDS SERIES OCTOBER 1, 1984, IN THE PRINCIPLE AMOUNT OF $11,980,000 FOR REFUNDING PURPOSES; PROVIDING FOR THE PLEDGE THERETO OF THE INCOME DERVIED FROM THE CITY BY THE CITY FROM DESIGNATED SALES TAX PRESCRIBING DETAILS AND COVENANTS CONCERNING THE BONDS, THE TAXES AND THE REFUNDING PROJECT; RATIFYING ACTION PREVIOUSLY TAKEN REPEALING ALL ORDINANCES IF ANY IN CONFLICT HEREWITH; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE HEREWITH was read by the city clerk Councilman Knecht moved to adopt Ordinance 926, Series of 1984, on first reading; seconded by Councilwoman Walls. Ms. Sonfield said the savings to the city would be a direct reduction of payments seen in the long range plans for the land fund. Mayor Stirling asked how this savings would allocated. Councilman Knecht said he feels it should go back to the land fund; Councilman Blomquist agreed. Ms. Sonfield told Council should would prepare proposals. Joe Barrows, Kirchner/Moore, said the numbers in the ordinance are based on current market conditions and the details will be completed by second reading. Barrows said these are the same terms and conditions of the 1982 bonds, and pledges all the sales tax revenues except those of the transit funds. Barrows said he feels the financing makes sense. Roll call vote; Councilmembers Walls, aye; Collins, aye; Knecht, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. 3781 Regular Meeting Aspen City Council August 27, 1984 LOT 17, WPW SUBDIVISION - Floor Area Ratio City Attorney Taddune said this is a request for Council to clarify some Council minutes which changed the FAR on this property from .3:1 to .4:1. Taddune said he would like Council to confirm the FAR on this property is .4:1. Taddune said the applicant has a better design for the property rather than the one the HPC approved with the .4:1 FAR. Jon Seigle, representing the applicant, told Council the applicant could get a building permit without any city approvals for a previously approved design.for a 4700 square foot residence. Seigle's client would like the same square footage with a different architectural plan. The plan would have to go to HPC for their approval. Seigle said he feels it is clear Council approved a .4:1 for this property and would like that confirmed by the Council. Colette Penne, planning office, said when the WPW subdivision was created, the Council imposed an FAR of .3:1. One of the owners of these lots came to Council with a set of plans and had Council approve a .4:1 FAR. Since all this, the FAR ordinance was passed and:~the :maximum ~AR for~this~ ot in the R-6 zone is 4703 square feet, slightly less than the original design. Ms. Penne said she feels the new design is preferable and is 4703 square feet, which would fit the allowable FAR but is greater than .3:1. The minutes allowing the .4:1 FAR refer to a specific design for the properties. Mayor Stirling said he feels the FAR for the R-6 zone should prevail. Seigle agreed with this. Councilman Blomquist said he feels the more restrictive should apply. Councilman Collins said if the subdivision was covenanted to .3:1 FAR, he does not think Council can~ change that. Councilman Collins said he would like more information. Councilman Blomquist moved to table this issues; seconded by Councilman Collins. Se~gle said there is a cloud on the title; the applicant would like this matter clarified. Seigle said Council approved a condominiumized duplex on this property, which is not built. Councilmembers Collins and Blomquist in favor; Councilmembers Walls, Knecht and Mayor Stirling opposed. Motion NOT carried. Mayor Stirling moved to have the existing FAR in the R-6 zone prevail on this lot; seconded by Councilman Blomquist. Councilman Collins said when this was first presented to the city, there was much discussion and Council imposed an FAR. Councilman Collins said it is unfair for a subsequent Council to change the FAR without going through the process. Seigle said he is asking from Council a confirmation that the zoning applies. All in favor, with the exception of Councilman Collins. Motion carried. ELECTION ISSUES Councilman Blomquist moved to table the Martin/Fenton election issue to 30 days hence; seconded by Mayor Stirling. All in favor, motion carried. ELECTRIC RATES Mayor Stirling asked if, when the city goes with MEAN, the city could lower the electric rates. Ms. Sonfield said the budget assumes this electric rate increase. Ms. Sonfield said the city will have more say and more forewarning about rate increases through MEAN. Ms. Sonfield said the staff did fight this rate increase. Councilwoman Walls moved to endorse the existing ordinance; seconded by Councilman Blomquist. All in favor, motion carried. DONATION OF GOLF PASSES Mayor Stirling said this is a request from Ballet Aspen to donate two golf passes as a prize for their golf tournament this weekend. This is a value of about $650. Councilman Blomquist suggested this donation come out of the arts budget. Mayor Stirling moved to give two golf passes for Ballet Aspen and not designate which fund until the budget hearings; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Knecht. Motion carried. Councilman Blomquist moved to adjourn into executive session; seconded by Councilwoman Walls. Council adjourned at 10:30 p.m. All in favor, motion carried. Kathryn s:K~ch, City Clerk Regular Meeting Aspen City Council September 10, 1984 Mayor Stifling called the meeting to order at 4:10 p.m. with Councilmembers Walls, Blomquist and Knecht and Commissioners Klanderud, Child, Kinsley and Madsen present. 1. Trails Trade Discussion. City Manager Schilling requested this be continued to the next joint meeting. Mayor Stirling moved to table the trails trade discussion to September 24, 1984; seconded by Councilman Blomquist. All in favor, motion carried.