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HomeMy WebLinkAboutminutes.council.19820222~egular Meeting Aspen City Council February 22, 19~ Mayor Edel called the meeting to order at 5:00 p.m. with Councilmembers Knecht, Collins Michael and yarry present. ' MINUTES Councilwoman Michael moved to approve the minutes of November 11, 19 and December 24, 198~ seconded by Councilman Collins. All in favor, motion carried. CITIZEN PARTICIPATION 1. Brian Kelleher and another member of the Aspen Middle School Council requested permission to paint green shamrocks on people's cheecks on St. Patrick's Day. They will charge $.25 ~and want to do it on the mall from noon until 2:00 p.m. All the money will go the the Middle School fund. Council said this was fine. 2. Maggie DeWolfe read a statement from the Aspen Council for the Arts. "We request the Aspen City Council to pass a resolution acknowledging their commitment to fund the arts at the level requested in November 1981. Whether these funds are available through the Real Estate Transfer Tax Fund or obtained from another source, we would like City Council's reasurrance that these funds will be forthcoming. To facilitate our funding, the Arts Council proposes a work/study session to be held as soon as possible in order to determine a schedule acceptable to all." Councilwoman M.ichael moved to add this to the agenda; seconded by Councilman Knecht. All in favor, motion carried. 3. Colleen Carroll told Council she would like to put balloons up in the mall for World Cup week. Ms. Carroll said she would like businesses to sponsor each balloon and have it say Aspen welcomes the World Cup with the sponsors name on it. Councilwoman Michael moved to add this to the agenda; seconded by Councilman Collins. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Knecht said Tom Dunlop, environmental health office, had gotten a program organized to clean up the trash on the highway. Councilman Knecht said it was finished this week and he appreciated it. Tom Dunlop told Council he and the parks department had worked together and spent about 18 man hours cleaning up the highway. 2. Councilman Parry said he would like to get the buses cleaned for World Cup. 3. Councilwoman Michael brought up the trash situation. The snow is melting and the streets are really looking grubby. Tom Dunlop told Council he is enlisting the aide of the media and business people. The World Cup is coming and Dunlop is asking that shop owners contribute 5 m~nutes of their time to pick up trash around their businesses. Dunlop said the city needs people's help now or the town will look dirty and unkempt. 4. Mayor Edel asked the status of the ordinance regarding lands bought with open space monies. City Attorney Taddune told Council this is a Charter amendment and would call for a special election so the ordinance has not been drafted. Taddune said he could have something prepared for Council review an March. 5. Mayor Edel told Council last week he had gone to Denver with the county and hospital representative to appear before the house local affairs committee to ask for an endorse- ment to allow local communities to form a taxing district. Mayor Edel said this passed out of committee and will go to a resolutions committee. This would enable the change in the way the ambulance district is being paid for. 6. Mayor Edel brought up an article in the Aspen Times regarding Fred Lane. This was a grand article and Mayor Edel said he would like to change the name of the street Lane resides on to Fred Lane. Mayor Edel requested staff put this on the next agenda. Planning Director Sunny Vann told Council he would like to schedule a work session on the 1982 work programs and the prospective changes to the GMP. There is a work session and house tour on the area and bulk legislation March 1st. Council schedule this work session on the GMP changes for Wednesday, March 10 at 5:00 p.m. ASPEN COUNCIL FOR THE ARTS FUNDING Lee Alexander and Maggie DeWolfe were representing the Arts Council. Mayor Edel said he had no problems with scheduling a work session and suggested 5:00 p.m. on Wednesday, February 24 before the public hearing on the Rio Grande. Lee Alexander told Council that arts funding is often based on grants; many of these are matching grants. There are a number of these in a situation where the Arts Council has the checks but they cannot spend it because they do not have the matching funds. Ms. Alexander said the foremost concern of the Arts Council is to sit down with Council and try and understand where they are in their thinking and to come up with alternatives so that the Arts Council know whats is going on. Ms. Alexander asked for a commitment from Council to funding the arts. Councilwoman Michael said this is implicit in the program. The city has a timing problem and a source of funds problem at this time. Mayor Edel said it is consistent with Councils' thinking to make that resolution to the arts. The Council cannot talk about specific dollars until they know what is going on with the financial picture. ~lexander said the Arts Council would feel more comfortable knowing that Council would be committed enought to work with the Arts Council to find another source other than the RETT. Chapman suggested having the chairman of the Wheeler Opera House Board site in on the schedule work session. BALLOONS/WORLD CUP WEEK Colleen Carroll said she would l±ke to put balloons on light poles; she would be responsible for gett±n~ them up and down. These balloons could be a route to l±ft lA or throughout the mall and could be ±n bunches of the country's colors. Ms. Carroll talked to the Aspen Ski±n~ ¢ompan7 and they have to problem w±th th±s. ¢±t7 Manager Chapman told Counc±l the c±t7 will be han~±n~ banners from each of the l±ght poles. Thes~ are the Skiing Company's banners; the city is hanging them. Ms. Carroll said she would recheck with the Skiing Company to make sure it is all right to hang the banners. Councilwoman Michael said if the balloons do not last, would Ms. Carroll replace them. Ms. Carroll answered yes. Mayor Edel said he wanted no advertising. Ms. Carroll said it would be easier to sell the balloons if the sponsor could be on the balloons. Councilman Parry said he had no problems with advertising. Mayor Edel said he did not mind the balloons but has a problem with the commercialism of it. Ms. Carroll said she may be able to do this through an ad in the newspaper. Councilwoman Michael said it is a super idea without the advertising; Councilman Collins agreed. Councilman Knecht liked the idea without advertising. Councilwoman Michael moved to approve the placing of World Cup balloons on light standards subject to City Manaqer Chapman clearing the matter with th~ Aspen Skiing Company and without balloons; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION ~3, SERIES OF 1982 - Loma Alta Annexation City Attorney Taddune reminded Council they had requested him to redraft a petition for annexation to respond to concerns of Council and staff. These concerns are; (1) the applicant deed over the water rights, subject to the reservation of leasing back water rights for the purposes of irrigation~ (2) the county convey to the city the street known as Chipeta; (3) the covenants and agreements pertaining to employee housing be continued; (4) all future construction comply with the underlying zoning regulations. Councilwoman Michael moved to read Resolution ~3, Series of 1982; seconded by Councilman Parry. All in favor, motion carried. Sunny Vann told council the annexation will proceed and then go to P & Z for the approria~ zoning recommendation. This will take about two months; the city has 90 days after annexa. tion in which to zone the property. RESOLUTION NO. ~ (Series of 1~82) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN RELATIVE TO THE PETITION OF LOMA ALTO CORPORATION FOR ANNEXATION OF PROPERTY TO THE CITY OF ASPEN AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED WHEREAS, on or about December 12, 1981, Loma Alto Corpora- tion, a Colorado corporation, did file with the City Clerk of the City of Aspen a petition for annexation of territory to the City of Aspen annexed hereto and incorporated herein as Exhibit "A", whereby that real property more particularly described in said application is being petitioned for annexation to the City of Aspen; and WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a communication to the City Council for appropriate action to determine if the petition is substantially in compliance with Section 1 of Section 31-12-107, C.R.S. 1973; and WHEREAS, the petition, including accompanying copies of an annexation map, have been reviewed by the City Attorney's Office and by the Engineering Department, and have been found by them to contain the information prescribed and set forth in paragraphs (b) to (d) of subsection (1) of Section 31-12-107, C.R.S. 1973, which findings are hereby adopted and incorporated by reference herein; and WHEREAS, the petition has been signed by the owners of one hundred percent .(100%) of the area proposed to be annexed, exclu- sive of streets and alleys; and WHEREAS, said area proposed to be annexed has and for a per- iod of not less than three (3) years past has had two-thirds boun- dary contiguity with the City of Aspen, WHEREAS, as an inducement to the City to annex the aforesaid area the petitioner has agreed and represented to the City, all as set forth in that letter dated February 22, 1982, from attorneys Sachs, Klein & Seigle annexed hereto and made a part hereof as Exhibit "B", to accomplish the following: 1. In connection with the annexation, Loma Alto Corporation will convey all appurtenant water rights to the City, subject, however, to the reservation that it be entitled to lease back said water rights for a nominal sum for use by Loma Alto Corporation, its successors and assigns in connection with irrigation on the property to be annexed. 2. The conveyance of a Quit Claim Deed from the County of Pitkin to the City of Aspen, conveying what is commonly known as Chipeta Avenue. 3. The covenants and agreements regarding the employee housing on the subject property between Loma Alto Corporation and Pitkin County, shall be binding on Loma Alto Corporation upon com- pletion of the annexation. 4. All future construction will comply with the land use and zoning regulations pertaining to the property upon its annexa- tion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the petition for annexation of territory to the City of Aspen as submitted by Loma Alto Corporation, a Colorado corpora- tion, a copy of which is annexed hereto as Exhibit "A" and incor- porated herein by reference, is hereby found and determined to be in substantial compliance with the provisions of Section (1) of Section 31-12-107, C.R.S. 1973. Section 2 That the City Council of the City of Aspen hereby determines that the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S. 1973, have been met and that an election is not required under Section 31-12-10712), C.R.S. 1973. Section 3 That in view of the representations made by the petitioner as set forth in Exhibit "B" annexed hereto and incorporated herein and the fact that the petitioner is the owner of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys, the City Council hereby declares its intention pursuant to the Section 31-12-107(g), C.R.S. 1973, to annex such area to the City of Aspen by ordinance, as provided in Sections 31-12-10711)(g) and 31-12-111, C.R.S. 1973, subject to fulfillment of the representations of the petitioner as hereinabove set forth. Section 4 Pursuant to the provisions of Section 31-12-115, C.R.S. 1973, the City of Aspen, through the Planning and Zoning Commission of the City of Aspen and the several advisory departments of the City of Aspen, may hereupon institute the appropriate procedure to zone the land in the area proposed to be annexed, and the Director of Planning of the City of Aspen be and he hereby is directed to initiate the appropriate zoning procedures. was read by the city manager Councilman Knecht moved to adopt Resolution ~3, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. 1982 RESIDENTIAL GMP ALLOCATION - Sunny Park Alice Davis, planning office, entered the February 10, 1982, memorandum from the planning office into the record. The planning office is asking for a development allocation for three free market units. The applicant is also proposing four employee studio units and the reconstruction of three existing units. The available quota for 1982 is 16 units. Councilman Collins moved to direct the planning office to draw up a resolution awarding a 1982 development allocation for 3 units to the Sunny Park project; seconded by Council- man Knecht. All in favor, motion carried. SPECIAL EVENT PERMIT - Aspen Council for the Arts Councilwoman Michael moved to approve the special event permits for the Aspen Council for the arts for March 25 and 26 for the Filmfest; seconded by Councilman Parry. All in favor, motion carried. FINAL PLAT - Little Annie This has been tabled at the request of the applicant to a date uncertain. TRUCK LEASE Environmental Health Tom Dunlop, environmental health director, told Council their present t~uck started acting up this winter. It did not function well with all the snow; it Ks not totally safe with all the snow. Councilman Knecht said he would just as soon have the city manager handle issues like this. City Manager Chapman pointed out this requires additional budget. Councilman Collins said'he thought one of the advantages of leasing was that when the cars break down, it would be incumbent upon the party it was leased from to fix it. Chapman said normally there is a maintenance part of the agreement; thes~ are not uniform. Councilman Parry moved to approve the truck lease; seconded by Councilwoman Michael. All in favor, motion carried. DEDICATED RIGHT-OF-WAY/THOMAS PROPERTY City Engineer McArthur said he needs a feeling of Council regarding the right-of-way through the Thomas property the highway department will require for the busway study that is being conducted. The highway department will not comment any engineering funds to further study highway 82 extension until they have a dedicated right-of-way strip connecting to the Marolt property. The highway department wants to know how the Council feels regarding dedication of that property. If Council is not willing to dedicate this land to the highway department, it will limit their study and to focus on four-laning the existing highway 82. Right now there are three alternative plans for four-laning the entrance to town. The highway department needs to know about the Thomas property. The highway department will not accept an easement. Once the land is dedicated to the highway department, it is their property. Mayor Edel said he had no problems giving the highway department the option, but if they do not use the land, the city should get it back. City Attorney Taddune said the city could negotiate to make this conditional if the highway department does not use the land by a certain date, it will revert back to the city. McArthur pointed out to Council that the Thomas property was bought with open space money. This may involved an election. If the chosen alternative is four-lanes through Marolt, the existing highway 82 will be put back into open space. If two lanes in and two lanes out are chosen, that option does not exist. The highway department will not give the city additional right-of-way anywhere. Councilman Collins said he would like to get the best exchange the city can. McArthur said the highway department has no exchange for the city right now. Councilwoman Michael moved to ask staff to pursue the dedication of right-of-way at the Thomas property to the highway department with the negotiated condition that the property rever~ to the city at some certain date if it as not used for that purpose; seconded by CoUncilman Parry. Taddune pointed out there is language an the Charter pertaining to the Isale or exchange of land that is being used for public purposes. Council might consider whether or not they would want to go to the voters. McArthur told Council at the last busway meeting there was a group of people opposed to changing the use of the Thomas property from open space to a dedicated ri~ht-of-way. Taddune said the first question is whether the Council is inclined to dedicate the property; the staff has the answer to thas. The next question is how to go about this; the staff will work on this. Councilman Knecht said he did not like the whole idea at all. All in favor, with the exception of Councilman Knecht. Motion carried. BOND ISSUES DISCUSSION Don Diones presented a graph of the bond market activities. The market is at 12.96 right now, which is an average of the bond buyer's index. The market is fair right now. Diones suggested waiting a couple of weeks to see what the bond market does; perhaps the city can line up some short term money. Diones has a proposal in to sell the $1,200,000 for the Wheeler along with the Real Estate Transfer Tax bonds. Diones is trying to get insurance on both of them. Diones said if he could get insurance, he would like to get the RETT $2,000,000 bonds done immediately. City Manager Chapman outlined recommendations on the plan in regards to several bond issues. For the Wheeler Opera House, with the condition the bond market is in and with the need to let the bidders know whether the city will sign contract; the bidders have extended their contracts from'January 18 to February 18 to February 25. Chapman recommend the Council authorize the staff to sell the sales tax revenue bonds for $1,200,000 since there is a market for those and contracts for that amount can be signed. This way the city will not pay the construction manager for doing nothing, and will allow the city to hold the bids they have received. This will also maintain construction momentum on the Wheeler. While the city is proceeding with the $1,200,000, the staff with Diones can proceed on the real estate transfer tax. Chapman recommended the city go ahead with the sales tax revenue bond issue for the Wheeler. There are two lots west of the Wheeler, which Council previously instructed staff to work on obtaining. The sales tax revenue bonds may want to include an amount for purchase of that property. If so, the bond issue would be more than $1,200,000. The other two aspects of the bond program are the water management plan and open space. Chapman suggested for the water managemen5 plan to wait until the bond market gets better. The staff and water engineers have done an analysis; in phase two the city could absorb 12 per cent inflation factor. The water engineers told staff the inflation rate is less than 12 per cent. The Council needs to decide whether to take the gamble that the bond market will go down more than inflation will go up. Chapman recommended waiting until the bond market comes down. As soon as it approachs 10.75 per cent, the city should market the bonds even if it is late in the construction season. Councilman Collins asked if the city got the $1,200,000 bonds for the Wheeler, how much time would that mean. City Engineer McArthur said that would be 3 to 4 months constructiol Diones pointed out the city has the luxury of borrowing short term money now because the bond issue was approved in January. Chapman told Council the open space bond issue was also approved and recommended not to issue bonds but secure options and installment contracts. Chapman suggested if Council accepts this plane, to look at a sale tax bond issue of $2,000,000 maxlmum; $1,200,000 for the Wheeler and the rest for the open space acquisition program. Councilman Knecht moved to let City Manager Chapman proceed on the outline made to Council and follow the financing illustrated and authorize the marketing of the sales tax revenue bonds; seconded by Councilman Parry. All in favor, motion carried. COMMUNITY HEALTH SERVICES REQUEST Mayor Edel said there was no one present representing the Community Health Services. Councilwoman Michael suggested taking Finance Director Sonfield's advise and wait on this request for a commitment for funding for the couple of months. The CHS does not know for sure their funding will be cut. Council agreed with this. DONATION REQUEST - Rocky Mountain Center for Cinema Councilwoman Michael said as this is an arts request perhaps it could wait until the Wednesday night study session with the rest of the arts requests. Mayor Edel said the arts groups might feel this is a unaque request. Councilman Collins said this group indicated they would take half their request. Wes Pouliot, representing the'~RMCC, told Council he is aware of the problems the Council is facing with the general budgets and the arts contributions. Unfortunately the RMCC is in the same position. Pouliot told Council the RMCC requested $5,000 to support their summer program. This is to be able to buy a piece of equfpment which they usually rent. This will save them money and also be able to earn money an the future. The RMCC finished the Centenntial picture first draft and has gotten positive feedback. There is a $4500 short fall on the Centennial film project. Poutiot requested funding of $2500 to pay bills. If they pay this bill before it becomes past due, they can use a credit of S2,000 for a high quality color camera. This camera is used for the summer program, which is college accredited. Last year there were five apprentices; they are projecting 12 for this year. The RMCC needs this equipment to make this project work. Pouliot told Council he has discussed with KRMA the possibility of airing the Centennial film; this has expended beyond a local project. Councilwoman Michael said the Council for the Arts came in regarding arts funding and the Council set up a study session for Wednesday. Councilwoman Michael suggested returning tc Council on Wednesday at this study session. Mayor Edel said with the uncertainty of this winter, the Council's ability to give a dollar answer on Wednesday will be very restrictiw Councilwoman Michael asked where the city would get the $2500. City Manager Chapman told Council the request from the arts groups total $98,000. The money is just not in the Real Estate Transfer Tax. Chapman told Council the January collections were the worst on record for the collection of the RETT. The City cannot do everything the would like to do out of the RETT with renovation of the Wheeler, hiring an executive director and also funding the arts groups to $t00,000. Chapman said it is too early to make a commitment out of the general fund for $100,000 for arts groups; that is a substantial amount of money. The city departments are already looking at making budget cutbacks from 2-1/2 per cent to 10 per cent. Chapman told Council that December sales tax was good but Council should wait at least until they see March sales tax collections before making any decision: Councilwoman Michael said the project is a good one but if the Council cannot find money they cannot find the money. Councilman Collins said the response to this request is what it is to the other group, the Council has to defer their decisions until they see the sales tax figures. Poulit stated this is a crisis for the RMCC; unfortunately, their crisis is happening at the same time as the Council's crisis. Mayor Edel agreed with Council they cannot make a decision tonight; the Council will have to wait until the work session with the arts groups on Wednesday. Pouliot said if the Council makes a decision Wednesday it would help them. Pouliot pointed out if they get this money, they will accept this as half their request and cancel the rest. Pouliot pointed out to Council it h~s only been two years they have been funding arts groups out of the RETT; it was the understanding the renovation of the Wheeler was first priority and the funding of the arts groups is out of the overage. Pouliot told Council the arts groups spend a budget of $7,000,000; the percentage of money spent in the community comes to $250,000 taxes generated. Pouliot said the arts groups are helping in their second industry to help fill the sales tax coffers. ORDINANCE ~8, SERIES OF 1982 - Golf Course Rezoning Alan Richman, planning office, reminded Council this is the first step towards the final plat for the golf course subdivision. The ordinance zones the golf course as P, park, and the Plum Tree and parking lot as P, park with a golf course support overlay. Councilman Parry moved to read Ordinance ~8, Series of 1982; seconded by Councilwoman Michael. All in favori motion carried. ORDINANCE #8 Series of 1982) AN ORDINANCE REZONING THE LAND CONTAINED WITHIN THE GOLF COURSE SUBDIVISION was read by the city clerk Councilwoman Michael moved to adopt Ordinance ~8, Series of 1982; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Collins, aye; Michael, aye; Mayor Edel, aye. Motion carried. ORDINANCES 1, 2, 3; SERIES OF 1982 - Aspen Mountain Park SPA and Pitkin Reserve Zoning Alan Richman told Council these are second readings and public hearings on the ordinances that adopt the ~SPA for Smuggler trailer park; disconnecting 0.41 acres from the city; and zoning Pitkin Reserve R-30/PUD. Richman reminded Council these were tabled at the last meeting because st~ff was still working with the applicants on the subdivision agreements and final plats. Richman said the staff is comfortable the issues are solved. The staff recommends approving these ordinances on second reading. Mayor Edel said if all Council's concerns have been ~ncorporated. City Attorney Taddune told Council he has gone over the agreements money times and feels that all Council's concerns have been addressed. There have been some very minor details and language changes. Taddune pointed out one change is what level the caretaker unit at Pitkin Reserve will be and how that will affect the park dedication fee. It was agreed the caretaker unit. will be low or moderate; if it is middle, the applicant will inform the city and they will pay a park dedication fee. Councilman Parry asked if there is a time limit for the improvement to the trailer park. Richman said the agreement suggests beginning in May and ending in August. Mayor Edel opened the public hearing on Ordinance #1, Series of 1982. There were no comments. Mayor Edel closed the public hearing. Councilman~Parry moved to adopt Ordinance ~1, Series of 1982, on second reading; seconded by Councilwoman Michael. Brooke Peterson, as public and co-applicant, addressed Council on three items. The first is a transfer fee on sale of units subsequent to this agreement was to be one-half (1/2) of one per cent (1%) was to be a topset figure, not necessarily what it has to be. Taddune told Council in those cases where the housing office has to qualify rentors or purchasers there is in the agreement a percentage of the first months' rent or the sales price. Bob Hughes said the concern is that percentage Ks the maximum fee that could be charged but not necessarily the fee that is going to be charged. Peterson asked that the fee not be an absolute one-half (1/2) of one per cent (1%) just a maximum. Chapman said this could be worked out among staff and the applicants. Peterson raised the point of the provision that requires the applicant and by implicant the Association to provide a cost bond for the improvements. Peterson said the city has accepted promissory notes from the applicant for the completion of the subdivision improvements. Peterson said he felt there was significant leverage in the note and in the agreement that Pitkin Reserve cannot have any certificate of occupancies that rather than cost the Smuggler trailer park people additional money in an escrow bond, to accept a promissory note. City Attorney Taddune told Council the city's Code requires a certain amount of money be held in a liquid account so that if the improvements are not completed, the city can go to the account and complete the improvement. The promissory note is another promise on top of a promise. Taddune said with a promissory note, the city does not have the resource of cash available to complete the improvements.,, Chapman said the agreement is already the effect of a promissory note. Peterson told Council the bond could be between $25,000 and $50,000. Hughes pointed out this is a non-recoverable cost. It does not come back. Hughes said there is a provisio in the Code that allows Council to make provisions by other agreements. Hughes said that Pitkin Reserve project cannot get c/o's until-the improvements at Smuggler Trailer park are satisfactorily completed. That could be a.~time to ask for a cash escrow. Taddune said there could be a situation where the project might go bankrupt and the improvements are not finished. This is the reason for having a cash escrow so that the Council can insure the improvements will be completed. Peterson told Council the trailer owners have agreed to bear 48 per cent of the improve- ments in exces~ of~ $217,000. Mayor Edel said this would be saddling the trailer owners with more additional costs. Mayor Edel said he would like to stop from dropping more costs on the buyers of the trailers. Chapman said the decision is how secure the Council wants to be. If Council is comfortable with the agreement and the promissory note, the staff will word it as strongly as possible. Mayor Edel said in most circumstances he would follow the advice of the city attorney; however, in this instance he would like to find a way around the escorw bond. Council agreed. Peterson said he last point deals with payment of the real estate transfer tax. The tax on each trailer will be between S150 and $200. Peterson said if this can not be avoided on this project, he would request Council look at this tax in light of employee housing in the future. Roll call vote; Councilmembers Michael, aye; Collins, nay; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~2, SERIES OF 1982 Disconnecting 0.41 acres-- Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Parry moved to adopt Ordinance ~2, Series of 1982, on second reading; seconde~ by Councilwoman Michael. Roll call vote; Councilmembers Collins, nay; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~3, SERIES OF 1982 Pitkin Reserve Zoning Mayor Edel opened the public hearing. Phoebe Ryearson said the area residsnts felt there were not properly notified on this. Ms. Ryearson requested a written order of events on this so could submit to the residents Bob Hughes said he would draft a written history of events for Council's endorsements. Mayoe Edel closed the public hearing. Councilman Parry moved to adopt Ordinance ~3, Series of 1982, on second reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Parry, aye; Collins, naye; Michael, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~6, SERIES OF 1982 - Appropriation to ACES and Youth Council Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Parry moved to adopt Ordinance #6, Series of 1982; seconded by Councilwoman Michael. Roll call vote; Councilmembers Collins, aye; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. FINAL PLAT APPROVAL - Aspen Mountain Park Councilwoman Michael moved to approve the Smuggler Mobile Home Park Final Plat and to authorize the mayor to execute the precise plan and subdivision agreement for the Smuggler mobile home park, subject to the following conditions; (1) approval as to form by the city attorney of the subdivision agreement prior to its exeuction and recordation (2) approval as to form by the city engineer of the final plat prior to its recordation; and (3) approval by the city engineer or attorney of the values to be provided by the applicant for the number of water taps and cost per tap, cost of sewer service, guarantee of the construction costs of public improvements, fee to be paid to the city for qualifying the renters and purchasers of bomile homes, fair market value of the land and size and space number for the laundry room; seconded by Councilman Parry. All in favor, with the exception of Councilman Collins. Motion carried. FINAL PLAT APPROVAL - Pitkin Reserve Councilman Parry moved to approve the Pitkin Reserve final plat and to authorize the Mayor to execute the PUD and subdivision agreement for Pitkin Reserve subject to the following conditions; (1) approval as to form by the city attorney of the subdivision agreement prior to its execution and recordation; (2) approval as to form by the city engineer of the final plat prior to its recordation; and (3) approval by the city engineel of the values to be provided by the applicant for the number of water taps and costs per tap, cost of sewer service and the guarantee of the construction costs of public Regular Meeting Aspen City Council February 22, 1982 improvements; seconded by Councilwoman Michael. Ail in favor, with the excepnlon of Councilman Collins. Motion carried. Councilwoman Michael moved to adjourn at 7:35 p.m.; seconded by Councilman Collins. All in favor, motion carried.