Loading...
HomeMy WebLinkAboutminutes.council.19811214UOINT MEETING WITH COUNTY COMMISSIONERS Commissioner Child called the meeting to order at 4:20 p.m. with Commissioners Kinsley, Blake, Klanderud and Madsen and Councilmembers Knecht and Michael present. Commissioner Child said he was pleased to hear of the city's support for the community center. The county has been asked to make appointments to the Community Center Board. Commissioner Kinsley asked if the Council wanted to be making the appointments with the county or to have some of the members appointed by Council only. Councilwoman Michael suggested that the county get with the rest of Council. Councilwoman ~{ichael said she thought it would be a good idea if the city Council appointed some of the members. 1. Planning office contract. Sunny Vann, planning director, told the Boards the contract is renewed annually at the time of the official adoption of the budgets. The contract presented is essentially the same as last year except under accounting, reports and audit provision. The planning office is no longer on a 50/50 split; they have gone to direct billing and provides a mechanism to administer the billing concept. Councilman Knecht asked why there way a contract for this particular department. Vann answered that given the wide range of concerns that the planning office addresses and the joint programs, it was felt appropriate to develop conditions for funding, outline responsibilities and outline how the department would function. Kinsley pointed out this contract establishes some political independence from the two Boards. Vann said this provides a non-jurisdictional entity. Vann said the planningg office does not work directly under the city or county managers but works directly for the Board and Council who establish the priorities. Kinsley pointed out this contract should work no matter who the personalities area. Kinsley said this contract is attractive to him to have an independent objective planner saylng what he thinks regardless of the political implications. It is the boards job to worry about ~olitical implications. City Manager Chapman said this agreement between the city and county, which is normal procedure for any departments that are joint, can be terminated by either party with 30 days notices. Commissioner Madsen said he felt every department ought to have one boss and not report to both Boards. Commissioner Kinsley moved for approval of the contract; seconded by Commissioner Child. All in favor, with the exception of Madseno Motion carried. Vann told the Boards his personal contract is essentially the same as last year. The only change is the salary section; since Vann's anniversary date is the same as this contract, the section does not include a merit raise. Commissioner Child moved to approve Sunny Vann's contract; seconded by Commissioner Klanderud. All in favor, motion carried. (These were not city motions as there was not a quorum) COUNCIL MEETING Mayor Edel called the meeting to order at 5:00 p.m. with Councilmembers Knecht, Michael, Parry and Collins present. MINUTES ~ There were none. ACCOUNTS PAYABLE Councilman Knecht moved to approve the accounts payable; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION 1.Gary Gidley told Council he had received a citation in a loading zone on a truck with commercial plates. Gidley said he had wasted time with this ticket and he was in the loading zone under ten minutes. Gidley said he had six vehicles and needed permits for all vehicles. Mayor Edel said one of the reasons for loadings zones is that there is a traffic problem; the loading zones are for fast turn over and to keep people from double parking. Mayor Edel said the staff should look at these parking privileges to see if they are being abused. Councilman Knecht suggested Councilman Collins get together with staff and review the policies of the parking ~ermlts. 2. Mary Martin, All Citizen Action Committee read to the Council: "On this day, December 14, 1981, at the regular city council meeting, The All Citizen Action Committee hereby objects strenuously to the notice publication of a special election scheduled for January 12, 1982, for the purpose of obtaining permission by the city electors of securing $5.2 million dollars in revenue bonds. It is the opinion of the committee after thoroughly examining the city home rule charter that, Article 2, Section 2.2 requires a 60 day notice to the public of an impending election. It is hereby requested that the city council postpones this election 30 days from January 12, 1982, to allow ample and reasonable study of the proposed resolutions. Because of the holiday season on such short public notice we feel thare is no~ ample time for a thorough study of the issue for the electors to make an adequate judgmental decision" ~egu±ar ~ee~ng Ms. Martin said the ACAC feels the electorate must be given more time to study these issues; the electorate needs more detailed information. City Attorney Taddune said the section in the Charter requires Council to pass a resolution calling a special election 60 days before the election; there is no requirement that calls for the resolution to be published. The Colorado Municipal Election Code states the city clerk must give notice 10 days prior to the election only. The city has published notice of registration for the election. Taddune said he and the bond counsel are comfortable with what has trans- pired. The question of during the holidays is a political question Council has to decide. Ms. Martin said the timing of the election is very inappropriate to prepare a rebuttal. Councilwoman Michael said business does go on and January seems like a good time to get people out to vote. City Manager Chapman said if this election were to be postpone, the whole process would have to start over. Mayor Edel said the city has worked with PCPA and the Open Space council on parcels of land. This election will give the city the right to bond for open space, and the Council has been asked by citizens groups to do this. The citizens groups feel that in order to properly plan what acquisitions to get, they have to have the strength of those funds. Mayor Edel said this process through the open space master plan has been in place for sometime. Phoebe Ryerson said 88 per cent of Pitkin County is already fixed open lans through natio 1 forest; that only leaves 12 per cent in private domain. Hal Clark, PCPA, invited all interested persons to a PCPA meeting Wednesday noon. Clark said he understood this is a narrow issue of how to fund open space. The sixth penny generate $1,000,000 to 1,200,00 a year. The question with this issues is whether the city wants to raise money at one time to deal with a cash basis with people for property rather than piece meal over time with sixth penny money. Clark said he sees this as a financing mechanism. Kay Reid told Council that the citizens had put money out of their own pockets for Rubey park, which was supposed to be a beautiful place. Look what has become of it; there are few flowers and more buses. Ms. Reid said she felt this is the way the open space acquisition progra~ seems to be going. Councilman Collins said he felt the public has the right to be informed and respond. If the election in January will jeopardize a positive vote, Council should look at reschedu- ling. Councilwoman Michael said she is happy with the timing and the questions. Councilman Parry said the citizens have come to Council and asked for tnese things. The Council tried to figure out when residents will be here to vote. The City has to have this election in order to settle the Wheeler and get on with the construction. Chapman agreed for every week the decision on the Wheeler is postponed will cost $6,000 per week in fees to the construction manager. Mayor Edel said the decision to go for the $3.2 million dollar program for the Wheeler was an active citizen committee decision. The appealed to the Council months ago. Mayor Edel said he wanted to go with the election as set. Chapman said the city is getting bids for the Wheeler on December 22 and these bids are only good for 30 days. The city will have to know how much money is available so they can let the contractors know. 3. Cindy , a resident at Castle Ridge objected to the rent increases proposed by Council. Cindy said she felt the rents are on the high side of being affordable. The project should be finished before the rents are raised. Mayor Edel said this is on the agenda later and can be addressed then. 4. Fred Pierce, sign painter on Main street, told Council he was concerned with the inconsistencies in the sign code. Pierce passed around a letter and some Polaroid picture of signs. These are of the plywood around construction with graffiti and advertisting on them. hayor Edel agreed the city had been lax in leeting this go by. Councilman Parry said he hated to see the spontaneity go out of town. Councilman Parry said he thought this painting was fund. It is the Council's choice to be a little lax and live with fund or to pass another ordinance. Mayor Edel said he objected to the commercialism of these signs. This is prime space and the signs have become a commercial venture. City Manager Chapman said someone called from the Visual Arts Center and asked if classes and school kids could do streetscapes on the plywood around the Tom Thumb building. Chapman said he felt something fund is a definite improvement over plywood. What happened is this went passed the idea of art to the idea of advertising. This has evolved into something it was not meant to be. Mayor Edel said he had no problem with art or school kids doing their painting; he does have a problem with the advertisIng aspect. Council's consensus was to not to allow commercialism and to have the advertising signs painted over by the school kids. COUNCILMEMBER COMMENTS 1. Councilman Knecht asked for a report from City Attorney Taddune about what is happen- ing with the construction mess on Third street. Taddune told Council he held a meeting and requested Bill Martin to submit a resolution from WSIA, which he did. Taddune forward d that to Council with a discussion of the laws. Taddune had an occasion to make an inspection of the city and concluded some of the equzpment was nou being used for the construction. Taddune said he felt this was enough to say the area was being used as a storage yard. Taddune talked to Butch Clark about the situation, and Clark assured Taddune he would do as much as he could to avoid the issue. Some of the heavy equipment was moved. Taddune told Council the problem breaks down to whether the material and equipment is unrelated to the construction occuring. If it is unrelated, there is no question that this is a violation of the zoning ordinance. If the equipment is related, the question to Council is whether there should be a law to address this. Mayor Edel said there is a law that if the equipment is not directly related to construc- tion, the equipment cannot be there. Mayor Edel said in looking at what is there, there are any number of pieces that could not be related to the construction of one little house. There is no need for another law and these vehicles have to be moved. Council- woman Michael said she would like efforts to be made to clear as much of that equipment as possible. In a town this size people in the construction business should be good neighbors. John La Salle, representing Butch Clark, told Council his client had rented some property because he thought he would be doing something good by keeping the equipment, dirt, etc. off the streets for snow removal, traffic, etc. Clark is trying to be accommodating. Clark says he will use every piece of equipment on this house. Councilman Knecht said there is enough equipment to build a 12 story hotel and this equipment ought to be moved. Councilman Collins agreed and said he had never seen so much equipment for a single family residence. Councilman Collins said he felt this was being used for storage and a staging area. Council agreed equipment that was needed could be there but to keep the rest of the equipment was totally inappropriate. 2. Mayor Edel asked the city manager to report on the parking lot at the Plum Tree. City Manager Chapman told Council he had received complaints from people in the residential areas about taxis being parked on the streets overnight. This is legal; the cannot leave them in the downtown area. The taxi company asked if it was possible to park at the Plum Tree to try to accommodate the problem and get the taxis off the streets in the residentiali area. Chapman said it was the understanding that if the city wanted them out, they would have to leave. Mayor Edel said he had a problem with that area and using it as a parking! lot as it is an eye sore. This maybe a decision for Council to make more formally. The lot is becomming an unofficial parking lot and is akin to a junk yard and is bad for the entrance to town. Councilman Knecht agreed. City Engineer McArthur suggested putting these cars in the old impound lot, which is around the back and adjacent to the building~ Mayor Edel said he is concerned that the other taxi company will also want to store their vehicles at the Plum Tree. Councilman Collins said he had noticed semis parking in the West End off Main street. There are an increasing number of cars parking for long periods of time in the West End. Chapman said the police department needs a complaint about cars being parked too long. They then go out and validate it and enforce it. Chapman said the city cannot automatically know how long cars are parked. Mayor Edel suggested staff and the police department get together and work out handling the situation. City Attorney Taddu~e reported on the Boettcher building, which was brought to Council's attention by Bill Martin. Taddune said it appears there might be an unintentional violatio~ of the zoning ordinance. The building has been leased and is being subleased. People have leased spaced for commercial uses. The property is zoned SPA but there is no SPA plan for the property. Mayor Edel said the property is zoned academic and it seems commercial usage is inappropriate for that area. Taddune said the concern is that this be discontinue, The people leasing the building have been notified this is a violation. Taddune said they have been put on notice about this, but the city is confused as to what the zoning laws are with respect to that area. The city does not want to allow this to go into the future. The leases expire before the summer Institute starts. Councilman Collins stated he is concerned about the precedent in this case and allowing the leases to continue whatever the good intentions. Councilman Collins said one of the conditions with the Physics Institute was that the Meadows would not use that as a preceden~ to permit other subdivisions of the property. Subsequently when the Institute filed suit against the city, they did take advantage of having used that subdivision as one of the arguments for further subdivision out there. Councilman Collins said there should be a clear statement this will not jeopardize the city's position in regards to the final disposition of the lands out there. Taddune suggested the Council instruct him to investi- gate this further and report back to Council. The city has not put them on written notice. City Manager Chapman brought up the Christmas tree lights on Main street. Monroe Summers told Council the Christmas lights were bought and assembled by Stogie Maddalone of the electric department. In the middle 70's a group complained to Council, supported by the Mall Commission, that the lights were gaudy and a waste of electricity. The argument went on and on and Maddalone sold the whole display. Summers told Council it would be an expensive undertaking to redo these. Chapman said next year would be the soonest the city could get the decorations together. Chapman said the staff needs direction before this is pursued. It is not just a simple matter of stringing lights. Councilman Knecht suggested talking to the PCPA about this. Councilwoman Michael said she would like to see money spent on this endeavor. Mayor Edel agreed he would like investigation of this matter; it cannot be done this year. Councilman Knecht brought up the faceless voice on the telephone and tol~ Council he had used it and it was handled very, very well. Chapman reported that the communications board felt the dispatcher and communications center should be isolated as much as possible from the general public. The board looked at the economics of providing a receptionist, which was $42,000 a year as opposed ~o the telephone. This decision was largely economical. Councilman Knecht said he was not knocking the system; he tried it and thought it was great. Councilman Collins said he would like to see something more personal besides the telephone. Jim Fitzgerald, communications director, told Council the dispatchers are primarily responsible to the radio. In the past there has been difficult with irate people coming in and threatening the dispatchers. The telephone has alleviated these situations. Bil Dunaway suggested having a receptionist during business hours and the telephone at night.. Mayor Edel suggested staff relooking at this; if there is a choice, report back to Council. PLANNING OFFICE CONTRACT Councilwoman Michael reported there was not a Council quorum at the ~oint meeting. The county voted 4 to 1 on the planning office contract and 5 to 0 for Vann's contract. Councilman Knecht said he feels the department should be under the lane of the city manager and not three governmental entities. Mayor Edel agreed with this position. Councilwoman Michael said she would like to see the planning office come under the city manager. Councilwoman Michael said she is prepared to have a joint department but to have direct line from the managers. Mayor Edel said with direct billing, there ought to be two separate departments. Sunny Vann said he had no problems with direct line from city manager. Councilwoman Michael moved t© approve the planning offiCe agreement between the city, county and planning office with the change under section b, it will be reflected that the city of Aspen, the chief planner will answer directly to the city manager who will perform his management function to Council; seconded by Councilman Parry. Councilwoman Michael amended.the motion to instruct the city attorney to make the appro- priate changes and bring this back at the December 28th meeting; seconded by Councilman Parry. All in favor, motion carried. AMENDING TO 1978 RESIDENTIAL GMP APPLICATION - 500 South Galena Alice Davis, planning office, told Council this is a request by HBC Investments to amend the 1978 residential GMP application for 500 South Galena. This project is on 21,600 square feet and is zoned L-2. The applicant is requesting approval for an amendment which falls under Section 24-11.7(b) of the Code. This section says if an applicant who has previously been awarded a development allotment deviates from any essential element of his proposal, faisl to satisfy any material condition imposed or fails to comply with the development schedule, the P & Z must recommend to Council whether all or any part of the allotment should be rescinded. If Council approves the amendment, then they will give conceptual subdivision review. Council must determine is there is a substantial deviation from the 1978 application. If Council does determine this, they have to determine if this deviation would change the development allotment and the applicant's position in relation- ship to the other applications. Ms. Davis presented in memorandum form what the changes were. The number of units has not changed; 16 free market units and one employee unitl The size of the units has increased some. Mark Danielsen, representing the applicant; told Council these are the free market units which will subsidize the 925 Durant employee project. Inasmuch as the 925 project is finally approved, it is time to get into the approvals for this free market portion. Ms. Davis told Council there is only one employee unit at 500 Galena and it will be in the low category. As a result of the increase in size of the units, the total floor area of the project has increased. The total square footage is 20,450 square feet using 94 per cent of the space allowed under the FAR. Ms. Davis told CounCil one of the main changes in the project is the parking. Originally there were 17 parking spaces with 10 of these underground; now there are 26 underground spaces. The planning office feels this is an improvement. There are 26 spaces, although there are only 17 units' because the applicant plans to submit an RBO application at a future date. The applicant included some additional energy features. The site design has changed from an L to a straigh line 3-story configuration and an additional of an swimming pool. The engineering department comments this project encroaches and utility easement, which will have to be dealt with. The parking facility must be designed to handle the difficult grades and the angle with the intersection. The engineering depart- ment feels the 30 per cent slope in the southeast corner be more clearly dealt with. Ms. Davis told Council the planning office feels there has been a substantial deviation from the original application; however, there are only two areas that could be rescored. In 1978 there was no area to score architecture or site design. The two areas that could be reScored are parking and energy. Council could show there has been an improvement or no change in relation to the applicant's score. The planning office recommends Council approve the application amendment, subject to the conditions listed in the planning office memoranda of December 9 and 11, 1981. Councilman Collins asked how this fit in with the master plan. Danielsen told Council thi~ has nothing to do with the hotel master plan. Councilwoman Michael noted the only sub- stanitive changes are the parking and the third story. One is an improvement and one is a greater visual impact. Ms. Davis said that this cannot be rescored because it was not scored in 1978. Ms. Davis showed Council the original drawing. Danielsen pointed out this project is 700 South Galena rather than 500 because of an address change by the city. Councilman Parry moved to approve the request for approval of the amendments to the 1978 GMP application for 700 S. Galena as well as conceptual subdivision approval, both subject to the following conditions: (1) the applicant must obtain necessary easements from utility companies where project construction will encroach upon these easements. The applicant must be responsible for any required rerouting of utilities resulting from the use of the easements. (2The parking facility must be appropriately designed to handle the difficult grades and the acute angle at the intersection with S. Galena street; (3) the applicant must clearly indicate in the site design how the southeast corner of the property which is in excess of a 30 per cent slope, will be graded and/or retained; (4) an easily accessible trash area must be incorporated into the site design; (5) prior to obtaining a certificate of occupancy, the applicant must fulfill all obligations he committ to in the complete, amended application including, but not liminted to the following: a) parking plan including 26 underground parking spaces; b) drainage control facilities including a series of dry wells, rentention wells, and a Planted diversion berm, c)energy features such as solar collectors for hot water heating, energy efficient fireplaces, insulation exceeding regulated standards; d) social facilities including a child care center, recycling facilities and an indoor/outdoor pool; e) site desing as shown in the amended application using a three story straight line configuration which will maximize solar utilization; f) sidewalks along south Galena street; g) elevators and stairs to serv~ the three stories from the parking garage; h) site and building design to permit unobstruct ~d movement for wheel chair confined or Other handicapped persons; i) the twelve employee unit at 925 Durant (part of this joint application) must be deed restricted to low income housing and a certificate of occupancy issued prior to obtaining a certificate of occupancy for 500 (700) south Galena; j) all other obligations established in the complete amended application for 500 (700) south Galena; k) prior to issuance of a building permit, the plans shall be submitted to the planning office for confirmation of their consistency with this amended GMP application; (6) the applicant recognizes that approval of the GMP amend- ment does not signify any acceptance, nor create any relaince, upon a subsequent RBO on other applications. However, at the preliminary plat stage, the applicant shall submit plans with a design anticipating RBO approval and one which works without the RBO, and (7) (7) application is aware of the intent to condition approval on obtaining a building permit to require construction to start as soon as soils allow and to agree to a completion schedule which will be determined at the preliminary plat state based on the terms found in the Uniform Building Code; seconded by Councilman Knecht. Mayor Edel said he was going to vote against this, although normally he would follow the recommendation of P & Z. Mayor Edel registered his feeling about the constant, eternal petitions by this client who comes in with one idea and then another idea and then another idea. Mayor Edel voiced his strong objections to this approach to life. Councilwoman Michael asked if the applicant honestly committed to child care facilities for this free market type situation. Danielsen said. this was part of the 1978 applica- tion. Councilwoman Michael pointed out the Council took this out of the growth manage- ment plan as being somewhat ineffectual. Danielsen told Council he has been through child care facilities with the state. There are two different types of child care facilities. One is a child care facility similar to what the Aspen Club has; the other designing this and plans to build it. Councilman Collins stated it has been three years since the pro3ect was first approved. This is just another of a series of changes and reapplications. Councilman Collins said he had yet to see any projects applied by this applicant that have come to full completior that Council can look on today and say there is a satisfactory and pleasing asset to this community. Councilman Collins pointed out it has been mentioned toniqht that this will be amended later on. Councilman Collins said he will not support this change and feels Council should send a message. Councilman Parry rebutted that the Woodstone Inn replaced the Glory Hole and is a very nice building. Danielsen said he understands the concern and that is why the applicant is agreeing to the conditions in the motion and that the applicant would be firmly tied down to perform- ance. Danielsen stated this particular application has nothing to do with a potential RBO application. If this application gets approved, Council will see this project developed as such. If the RBO is approved, there will be minor changes which will not result in additional bulk of the building. Ms. Davis told Council that condition ~7 was added to tie this project into a completion schedule. Danielsen told Council he has discussed a construction schedule with the application. Danielsen proposed to commit to this voluntarily. Danielsen said his concerns are the ground thaw and when it will be and that he has never known a construction crew completing a project on time. Council- woman Michael stated she is very reluctant; the patience is almost gone. Councilmembers Knecht, Parry and Michael in favor; Councilman COllins and Mayor Edel opposed. Motion carried. ORDINANCE ~67, SERIES OF 1981 - Pitkin Reserve Annexation Mayor Edel opened the public hearing. Phoebe Ryerson stated the residential neighborhoods feel that the city is not protecting the zoning; hopefully, they are mistaken. Ms. Ryerson said the purchase of this property is to protect the Smuggler trailer court, which should be protected. For a one million purchase price, there will be a $12,000,000 profit. Ms. Ryerson questioned whether the city would allow greater density later on. Will the north bank property be held for trail and open space. Bob Hughes, representing the applicant, told Council the land on the north of the riverside of the development parcel is forever committed to parks and open space. It is in writing and as solid as possible. Ms. Ryerson pointed out this is a one-exit road. There should not be greater density. Ms. Ryerson asked who gave the car impound lot the right to be on public property. Mayor Edel said it has been within the province of City Council to deem what uses that land should have. Hughes told Council the scope of this project is unequivocally limited to 12 units free market units plus one caretaker unit. The extension of city services has been addressed and it has been indicated these can be met. Discussions have come up regarding the dedication of any water rights pertinent to this property be deeded to the city; this has been done conditioned upon the annexation going through. Mayor Edel closed the public hearing. Councilwoman Michael moved to adopt Ordinance %67, Series of 1981, on second reading; seconded by Councilman Parry. Councilman Knecht said he felt this is the poorest decision in this Council's history. Mayor Edel said the Council has battled the county who refused to recognize a problem and the Council took up the problem and annexed Smuggler trailer court. The Council has gone through hours and hours of meetings to try and resolve the most pressing problem the city has, employee housing. Mayor Edel stated this was not an arbitrary, quick decision. Roll call vote; Councilmembers Knecht, nay; Parry, aye; Michael, aye; Collins, nay; Mayor Edel, aye. Motion carried. BUS ROUTE SERVING HIGH SCHOOL City Manager Chapman told Council the report from transportation director Duane Fengel outlines the solution he found and it seems to be working. It has been in effect about a week. Councilman Parry said he thought this is a good solution. CROSS COUNTRY SKI SCHOOL AND GUIDE SERVICE Monroe Summers told Council this is a result of an attempt to solve a problem. For sometime it has been felt that possible the Job Service Center was ill located in a trolley and in a park. At the same time, Dick Jackson approached the city with a proposal that they would like to increase and enhance Nordic programs in the Valley and to develop a back country guide service and a central meeting place with Nordic ski infor- mation. Summers told Council they would like to do this in the trolley car. Summers pursued this and found space at the Community Center for the Job Service Center. The Community Center is willing to have the Job SErvice come in on a probationary basis if the Nordic Center will pay the rent at the Community Center. This will be rent paid to the COmmunity Center for use of the trolley car. Mayor Edel said he is for this project; however, the trolley is non-conforming to any of the city's laws. Councilwoman Michael said this is a profit organization and they should be paying profit rents. Summers said they will because of the size of the space and that they only use the trolly half a day. Chapman said this is a permitted use in a park zone and the uses they are contemplating ~re less onerous than what has been permitted before. Councilwoman moved to approve the concept of the use of the trolley by P~CS, transferrina the Job Service Center to the community center with $15 a day cost for the Community Center and instruct staff to comply with the laws for the use of the trolley; seconded by Councilman Parry. Summers pointed ou~ that everyone agreement this would be the best for all parties concerned. This is only good until April 30 as the M.A.A. will be back in the trolley for the summer. All in favor, motion carried. PROPERTY AGREEMENT - KING AND QUEEN STREETS Lou Buettner, engineering department, told Council that in the 50's deeds were given to lands between King street and the river. These deeds jumbled the property pretty badly. Buettner illustrated the properties in question with maps. Buettner told Council he has been working on this for three years to straighten this out. Buettner has come up with boundary lines for each property and each owner has agreed to the boundary lines. Buettner has deed to hold in escrow. The property will be deeded back by Mayor's deed. This is in front of Council because of Herron park. Buettner told Council that Queen street is not a dedicated street; when this work is done, Buettner will request Council make it a dedicated street. Councilwoman Michael moved to approve the property agreement plat and consents to the transaction as stated in th~ memo from the engineering department of December 8, 1981, an( authorizes the Mayor to sign the necessary deeds; seconded by Councilman Parry. Buettner said that Mrs. Vea is asking for reimbursement for the 3,000 square feet she is losing. Buettner said he has her deed and agreement and she is bound to go through with this agreement. Mayor Edel said this should not be acted upon until the Council knows how much money it will cost the city. Buettner told Council M_rs. Vea is asking for reimbursement for the survey. Mrs. Vea and neighbor have agreed upon boundary lines which match what the deed should have said. Chapman asked what the expenses were, ball park figure. Buettner said the survey would cost $2,000 and Council would be setting a precedent if they allowed this. Council should deny the request. Councilwoman Michael amended her motion to include, with the exception of any compensatio~ being transferred without express consent of Council; seconded by Councilman Par~. All in favor, motion carried. ORDINANCE ~77, SERIES OF 1981 - Historic Structures Designation Mayor Edel opened the public hearing. Colette Penne, planning office, told Council this is the second reading of the sites that owners wanted designated historical from the inventory. Mayor Edel closed the public hearing. Councilman Knecht moved to adopt Ordinance ~77, Series of 1981; seconded by Councilman Collins. Roll call vote; Councilmembers Michael, aye; Parry, aye; Knecht, aye; Collins, aye; Mayor Edel, aye. Motion carried. ORDINANCES 81 and 82, SERIES OF 1981 - L~nd Use Fees Councilman Parry moved to read Ordinance #81, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~81 (Series of 1981) AN ORDINANCE REPEALING AND REENACTING SECTIONS 20-20, 24-3.3(a), 24-8.27 AND 24-12.5(b) (5) OF THE ASPEN MUNICIPAL CODE TO REFLECT THAT LAND USE APPLICATION FEES SHALL BE ESTABLISHED BY SEPARATE ORDINANCE was read by the city clerk Sunny Vann, planning director, reminded Council he had discussed with the r&ising land use fees commensurate with the level of service. The planning office is proposing to remove the fees from the subdivision and zoning sections of the Code and replace this with a statement that fees will be established for land use applications by ordinance. The second ordinance, #82, establishes those fees for 1982. Councilman Parry moved to adopt Ordinance ~81, SEries of 1981, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Parry, aye; Michael, aye; Mayor Edel, aye. Motion carried. Councilman Collins moved to read Ordinance ~82, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~82 (Series of 1981) AN ORDINANCE ESTABLISHING THE LAND USE APPLICATION FEES CHARGED BY THE ASPEN-PITKIN PLANNING OFFICE was read by the city clerk Councilman Collins moved to adopt Ordinance ~82, Series of 1981, on first reading; seconded by Councilman Knecht. Gideon Kaufman said he understood the need to raise fees; however, this is not broken down between the very small pro3ect and the larger projects. Kaufman said it would be more equitable to have a distinguising-feature between a two-unit project and a larger project. Vann answered that these fees are based on a typical amount of time' an applica tion in each category take. In no case will the fee charged by less than the base rate. Projects that do take more time than the typicaly application can be charged more. Vann said the staff felt it was too complex to bill directly by hour, so they came up with a reasonable fee for a typical application in each type of process. Mayor Edel said if there is a very small project, why should that project pay like all others. Vann said they felt the system they have devised is the most efficient. Richman told Council that an application ge~s categorized based on the number of steps it takes. Vann pointed out the categories are broken down by stage and an applicant only has to pay by stage. Kaufman said the planning office has taken an average; it the application is above average, more money can be collected. If it is below aeverage, there is no way to change the fee. Vann told Council the planning office has done this for six months in the county. Out of all the applications that have been processed, only two ha ~ gone into an additional charge. Kaufman said he is concerned about the duplex condominiumiza- tion and has a hard time understanding where 11 hours comes in. Vann said if Council was interested in establishing a refund, that was fin~. Mayor Edel suggested giving this approach a slx month chance without a refund. Mayor Edel requested that planning watch this and come back in six months with a report. Roll call vote; Councilmembers Michael, aye; Parry, aye; Knecht, aye; Collins, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~85, SERIES OF 1981 Amendment to the Definition of Subdivision Councilman Knecht moved to read Ordinance ~85, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~85 (Series of 1981) AN ORDINANCE AMENDING THE DEFINITION OF SUBDIVISION IN SECTION 20-3 OF THE MUNICIPAL CODE TO INCLUDE THE LAND TO BE USED FOR HOTEL, LODGE, MOTEL AND DORMITORY CONSTRUCTION was read by the city clerk Alan Richman, planning office, outlined the current definition of subdivision which does address condominiums, apartments, and time sharing units. HOtel, motels and lodges are not included. Richman said he felt it was in the public interest to have these included. When a lodge goes through the GMP process it goes from P & Z scoring to Council giving an allotment. Council does not get to discuss the application. This is not a mechanism to make the process more onerous. There are many issues to look at in hotel development. P & Z felt there should be a lodge development review process. The planning office and P & Z support this proposal as a mechanism to track the development from conceptual to final building plans. Councilman Collins said this seems to make the process less simplified and why bring in more items to be reviewed. Richman said he would agree if the project was something that had little impact on the community. Lodge and hotel developments are more sensitive properties. Councilman Parry asked if this was just putting layers of confusion on developments. Richman said he felt this ordinance was in Council's interest to know what types of lodge development will be going on in the community and what the impacts are going to be. Councilman Parry said the Council should be not designing lodges. Richman said the planning office feels this allows a subdivision process to be heard for development application of a lodge beyond just conceptual. Richman said what has happened is that building plans do not necessarily reflect conceptual approval. Richman said this ordinance addresses new lodge development; there are only about 10 parcels available for lodge development. Consensus of Council is they were not convinced this is needed. Councilman Knecht moved to table Ordinance ~85, Series of 1981; seconded by Councilweman Michael. All in favor, motion carried. ORDINANCE #86, SERIES OF 1981 Forest Service Rezon~ng to R-6/SPA Councilman Parry moved to read Ordinance #86, Series of 1981; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE ~86 (Series of 1981) AN ORDINANCE REZONING THE U.S. FOREST SERVICE PROPERTY AT HALLAM STREET BETWEEN SEVENTH AND EIGHTH STREETS FROM R-6 TO R-6/SPA was read by the city clerk Councilman Parry moved to adop~ Ordinance 86, Series of 1981, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Parry, aye; Collins, aye; Knecht, aye; Michael, aye; Mayor Edel, aye. Motion carried. ORDINANCE #87, SERIES OF 1981 - Mountain Edge Zoning Councilwoman Michael moved to read Ordinance ~87, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #87 (Series of 1981) AN ORDINANCE ZONING THE MOUNTAIN EDGE ANNEXATION WHICH LAND WAS ANNEXED TO THE CITY OF ASPEN PURSUANT TO ORDINANCE NO. 76, SERIES OF 1979, AND THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk Spencer Schiffer requested this ordinance be tabled; it is here prematurely even though this has been going on a long time. The property was annexed to to the M.A.A. housing project in 1979. Schiffer pointed out that state statutes say the property should be zoned in 90 days and it was not. The applicant ~urchased the property to do the M.A.A. project. There was a public hearing before P & Z who recommended the property be zoned R-15 with the understanding'that if the applicant comes back with a specific proposal, they will recommend rezoning. Schiffer read a letter from the M.A.A. requesting support for their proposal. Mayor Edel said to table this since 1979 is an effrontery. This should be zoned like every other piece of property in the city. Councilman Parry said he felt this was impor- tant for the M.A.A. and that is why it was annexed. Councilman Parry said he did not want to zone the property so that it could not be used for the M.A.A. students. Council- woman Michael said that zoning the property R-15 does not preclude a rezoning to a higher density. Richman told Council the P & Z said they would be happy to sponsor a rezoning at the time it is needed. Schiffer said he is asking for 30 days so that the applicant can have the proposal discussed with the M.A.A. Mayor Edel said if there is good intent on the applicant, zoning this to R-15 will not hold the process up. Myor Edel pointed out that every other piece of property in the city is zoned. Councilwoman Michael moved to adopt Ordinance ~87, Series of 1981, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Knecht, nay; Collins, aye; Michael, aye; Parry, nay; Mayor Edel, aye. Motion carried. ORDINANCE ~88, SERIES OF 1981 - Amendment of Retirement Ordinance Councilwoman Michael moved to read Ordinance ~88, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #88 (Series of 1981) AN ORDINANCE AMENDING SECTION 2-101. 2-200, 2-202, 2-300, 2-302, AND 2-600 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO MODIFY THE EMPLOYEES' RETIREMENT PLAN AND TRUST AND TO ALLOW ELIBIGLE EMPLOYEES TO PARTICIPATE IN A DEFERRED COMPENSATION PLAN was read by the city clerk Councilwoman Michael moved to adopt Ordinance ~88, Series of 1981, on first reading; seconded by Councilman Collins. Assitant City Manager Mitchell told Council the staff is reviewing employee benefits and trying to find ways to improve them at little cost as possible. The retirement plan has not been reviewed since 1976 and there have been some complaints from the employees. This will give employees the option of a new deferred compensation plan and employees will be fully vested after five years. Mayor Edel urged staff to change this to the major vesting at five years and split the bulk over the next five years so the city may keep employees for more years. Chapman told Council that the current plan is a disincen- tive to staying with the city. To help the city on the recruiting end, Chapman said he would like to make the retirement system attractive. Mayor Edel said the felt this was bad philosophical management. Councilman Collins said his reaction is that of Chapman's. Mayor Edel suggested rather than fully vesting at five years, vest at 70 to 75 per cenm with the rest of the percentage goes over the next five years. Councilman Parry moved to table Ordinance ~88, Serzes of 1981; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #84, SERIES OF 1981 Self-insurance pool Councilman Parry moved to read Oridnance #84, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~84 (Series of 1981) AN ORDINANCE APPROVING THE CITY'S PARTICIPATION IN THE SELF-INSURANCE POOL (CIRSA) AND AUTHORIZING AND DIRECTING THE MAUOR TO EXECUTE A CONTRACT FOR A SELF-INSURANCE POOL ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilman Parry moved to adopt Ordinance ~84, Series of 1981, on first reading; seconded by Councilman Knecht. Mitchell reminded Council they previously made a motion approving the city going into this plan; adoption of this ordinance is to officially get the city into the plan. City Attorney Taddune told Council be the second reading he will bring in the contract and have the dollar amount. Mitchell said the number of cities in the plan will determine th~ final amount. Roll call vote; Councilmembers Michael, aye; Knecht, aye; Collins, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~83, SERIES OF 1981 - Precinct for Special Election Councilman Knecht moved to read Ordinance #83, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~83 (Series of 1981) AN ORDINANCE PROVIDING FOR THE USE OF A SINGLE VOTING PRECINCT AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JANUARY 12, 1982 was read by the city clerk Councilman Knecht moved to adopt Ordinance #83, Series of 1981, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Michael aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~89, SERIES OF 1981 - Appropriation General Fund Councilman Parry moved to read Ordinance ~89, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~89 (Series of 1981) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE GENERAL FUND FROM CURRENT YEAR BALANCES IN THE AMOUNT OF $12,000 was read by the city clerk Councilman Knecht moved to adopt Ordinance #89, Series of 1981, on first reading; seconde~ by Councilwoman Michael. Finance Director Sheree Sonfield told Council this is additional fees required for the 1980 audit. Roll call vote; Councilmembers Michael, aye; Knecht, aye; Parry, aye; Collins, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~90, SERIES OF 1981 Reallocation of General Fund Overhead costs Councilwoman Michael moved to read Ordinance 990, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #90 (Series of 1981) AN ORDINANCE MAKING A CHANGE IN THE ALLOCATION OF GENERAL FUND ADMINISTRATIVE COSTS TO ENTERPRISE AND SPECIAL REVENUE FUNDS RESULTING AN ADDITIONAL CURRENT YEAR GENERAL FUND BALANCE IN THE AMOUNT OF $130,100 was read by the city clerk Councilwoman Michael moved to adopt Ordinance #90, Series of 1981, on first reading; seconded by Councilman Knecht. Ms. Sonfield told Council the finance department ~polled every department and asked what services they were doing for other departments and allocated funds on an actual basis. This was suggested by the auditors. Roll call vote; Councilmembers Collins, aye; Michael, aye; Knecht, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE #91, SERIES OF 1981 - Year End Appropriations Councilwoman Michael moved to read Ordinance #91, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~91 (Series of 1981) AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES IN THE AMOUNT OF $58,422 FROM GENERAL FUND BALANCE AND RECOGNIZING ADDITIONAL UNANTICIPATED GENERAL FUND REVENUE OF $11,958; RECOGNIZING GENERAL INTRAFUND TRANSFER OF $1,400; APPROPRIATING LAND FUND EXPENDITURES OF $10,000 FROM LAND FUND BALANCE; APPROPRIATING ELECTRIC FUND EXPENDITURES OF $100,000 FROM ELECTRIC FUND BALANCE; APPROPRIATINS CASTLE RIDGE FUND EXPENDITURES OF $1,066,000, $886,000 FROM CASTLE RIDGE BOND PROCEEDS AND TRANSFERRING $180,000 FROM ELECTRIC FUND BALANCE TO CASTLE RIDGE FUND BALANCE; APPROPRIATING REAL ESTATE TRANSFER TAX FUND EXPENDITURES OF $250,000; TRANSFERRING $250,000 FROM ELECTRIC FUND BALANCE TO WHEELER TRANSFER TAX FUND; APPROPRIATING CITY POLICE PENSION FUND EXPENDITURES IN THE AMOUNT OF $8,000 FROM FUND BALANCE: APPROPRIATING ICE GARDEN FUND EXPENDITURES OF $23,000 AND RECOGNIZING ADDITIONAL UNANTICIPATED REVENUES OF $23,000; UNAPPROPRIATING ICE GARDEN EXPENDITURES OF $91~562, AND UNAPPROPRIATING TRANSFER OF $91,562 FROM THE LAND FUND TO THE ICE GARDEN FUND, AND APPROPRIATING LAND FUND EXPENDITURES OF $93,437.58 FOR ICE GARDEN DEBT SERVICE; APPROPRIATING ADDITIONAL TRANSFER FROM LAND FUND TO DEBT SERVICE FUNDS OF $6,906; UNAPPROPRIATING TRANSFER FROM TRANSPORTATION TO DEBT SERVICE FUNDS OF $5~096; APPROPRIATING $189,000 OF WATER BOND PROCEEDS was read by the city clerk Councilman Knecht moved to adop~ Ordinance ~91, Series of 1981; seconded by Councilman Parry. Mx. Sonfield told Council these have already been reviewed and approved by Council. Councilman Knecht asked what the money to Andre's Club was. City Manager Chapman explained the attorney for Andre's Club came to Council last January and asked for reimbursement for work on the doors. The city had allowed the doors and then asked Andre to remove them. Council felt they had an obligation because the applicant had gone through the entire process the correct way. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Collins, aye; Michael, aye; Mayor Edel, aye. Mction Carried. ORDINANCE #92, SERIES OF 1981 In Lieu of Tax Payments from Electric Fund Councilman Parry moved to read Ordinance #92, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~92 (Series of 1981) AN ORDINANCE RECOGNIZING A PAYMENT IN LIEU OF TAXES EXPENDITURE FROM THE ELECTRIC FUND IN THE AMOUNT OF $59,257 AND TRANSFER TO THE ASSET REPLACEMENT FUND was read by the city clerk Councilman Knecht moved to adopt Ordinance ~92, Series of 1981, on first reading; seconde, by Councilman Parry. Councilman Knecht said he did not remember the parallel bars being on the list. Ms. Sonfield said some of the replacement items moved up because the cost of the printer was reduced. The amount spending for asset replacement has not changed just some of the items were moved up. Roll. call vote; Councilmembers Collins, nay; Michael, aye; Knecht, nay; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~93, SERIES OF 1981 Small Pro~ects Commercial GMP Exception Councilwoman Michael asked the rationale behind limiting requests for exception to only one. Alan Richman, planning office, answered the rationale is a cumulative effect of someone coming in every year and asking for an exception for 500 feet year after year. Planning office presented this at a study session and it was decided this should apply to all commercial building, commercial and non-commercial, it should be 500 feet, one time only and it should come out of the quota. Councilman Parry moved to read Ordinance #93, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~93 (Series of 1981) AN ORDINANCE AMENDING SECTION 24-11.2 OF THE ASPEN MUNICIPAL CODE BY THE CREATION OF AN EXCEPTION TO THE GROWTH MANAGEMENT PLAN FOR SMALL COMMERCIAL PROJECTS was read by the city clerk Richman told Council the P & Z and planning office felt that the exception needs some evaluation measure. Because this is being excepted on the basis of size, it is appropriate to look at the impact on the community. Richman said if there is a major impact on employee housing, the applicant should try to do something. Richman said if the expansion is minimal, 250 square feet, and is not a commercial expansion, the ordinan sets this up so that ~he planning office and building department can jointly approve anything less than 250 square feet. There is no reason to bother P & Z and Council with a review of this. Kaufman said he felt the wording may make it impractical for someone to get an exception. Richman said if there is substantial employees generated by. this expansion, 6, 8 or 10, someone has to pick up the burden for this. If it is not picked up by the applicant, the community has to pick it all up and the deficit gets worse. Richman said the languag, may need to be softened and the planning office and attorney will go over this before second reading. Richman encouraged Council to keep some level of measure in this ordinan~ e. Councilwoman Michael moved to adopt Ordinance #93, Series of 1981, with instructions by second reading the attorney and planning office have looked at the language; seconded by Councilman Knecht. Roll call vote; Councilwoman Michael, aye; Collins, aye; Parry, aye; Knecht, aye; Mayor Edel, aye. Motion carried. CONSENT AGENDA Councilman Collins requested the Holy Cross easement be taken off. Councilman Knecht moved to approve the liquor license renewals for Chisholm's, Copper Kettle, Galena Street Ease and the Golden Horn; and the special event permit for Deaf Camp for January 16, 1982; seconded by Councilman Collins. All in favor, motion carried. Councilwoman Michael abstained. HOLY CROSS EASEMENT Councilman Collins asked what kind of power line this is. City Attorney Taddune told Council this is a service line to the Maroon Creek power plant and is limited to service only not distribution. Mayor Edel asked where this is going, why is it going anywhere and who is getting paid. Councilman Collins moved to table this item; seconded by Councilman Knecht. All in favor motion carried. Councilman Knecht moved to adjourn at 9:30 p.m. and reconvene as the housing authority; seconded by Councilman Collins. All in favor, motion carried. ~at~rYn~.~Koc~, C~ty Ci~ ' Regular Meeting Aspen Housing Authority December 14, 1981 CASTLE RIDGE RENTAL RATES Bil Dunaway asked what the square foot costs this will be; every year the Council adopts guidelines for low, moderate and middle and there is no square foot costs here to know what guidelines these are. Assistant city manager Mitchell told Council the proposed rental rates are $.67 a square foot which is within the 1982 guidelines between moderate and middle, closer to the middle. Mayor Edel pointed out the Council berates applicants because they are not at low and the city is the worst offenders. Councilman Knecht said he is against this increase. City Manager Chapman said this increase is designed to cover operating costs plus pay back the money forwarded from the electric fund and pay the PIF fee due to the water fund. Mitchell told the Housing Authority that the projected expenses for 1982 are $444,000 whic~ includes the operating expense plus the debt service. With the 6 per cent rent increase, this will generate $479,000 in rental rates assuming 95 per cent occupancy. Operating expenses will be $81,000 which includes the management contract and utilities. The debt service will be $363,700. At the end of 1982, the Castle Ridge fund will owe the Electric fund $360,000 and $80,000 for the PIF. The difference in the expenses and the rents generated will be used to pay back the electric fund and PIF. Mayor Edel said the Council is begging the builders to get low and moderate housing, and with this 6 per cent · ncrease, the city is saying lets get even higher rents. The Council has said this would be one of the cheapest places to live and it is not. Councilman Knecht said he would not have problems raising the rents if this projects was finished and properly maintained. Councilman Knecht said the rents should not be raised until the project gets done. Mayor Edel said he could support a 3 per cent raise. Councilwoman Michael moved to raise rental rates at Castle Ridge by 3 per cent. Motion QIES for lack of a second Councilman Knecht moved to leabe the rents like they are for one more year until the place gets cleaned up; seconded by Councilman Parry. Councilwoman Michael said she could not support the rents staying the same. Mayor Edel said he felt 3 per cent gives people a good reht. Councilman Parry said he did not want the city to own this project next year. Mitchell suggested doing 3 per cent increase on a six month lease and then look at it again. Councilwoman Michael agreed the Council should make a decision on selling Castle Ridge. Mayor Edel said the Council promised the voters there would be no subsidizatioh of this project. Castle Ridge has already been subsidized by taking monies from the electric fund and water fund. Mayor Edel said he felt the Council has an obligation not'to subsidize this any further. The costs should be covered. Councilmembers Collins, Knect and Parry in favor. Mayor Edel and Councilwoman Michael opposed. Motion carried. The housing authority adjourned'at 9:45 p.m.