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HomeMy WebLinkAboutminutes.council.19820510The housing director, Jim Hamilton, wants representatives from the commissioners and from Council so that decisions can be monitored by elected officials. Councilman Parry moved to approve the seven members for the housing task force and that Councilwoman Michael be Council's representative; seconded by Councilman Knecht. All in favor, motion carried. Councilman Collins moved to adjourn at 7:00 p.m.; seconded by Councilman Parry. All in favor, motion carried. ~, City Clerk Regular Meeting Aspen City Council May 10, 1982 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the meeting to order at 4:10 p.m. with Commissioners Kinsley, Child, Madsen and Blake and Councilmembers Collins and Knecht present. 1. PCPA Jogger Trail. City Manager Chapman told the Boards that the engineering depart- ment has revised their original costs and has come up with a maximum cost of $15,000 depending upon the amount of right-of-way that needs to be relocated. Chapman said the PCPA offered to donate S30,000 to this trail. The improvements costs should be very minimal and this money could be used to cover the improvement costs. Chapman said the surveying fees should be $15,000 and administrative fees may be paid out of the PCPA's seed money. Mayor Edel asked if the trails issue and Wagner Park got resolved. Curt Stewart, county manager, recollected talking about the trails system and transferring the responsibility from the county to the city; however, the county did not recall any discussion of Wagner Park. Stewart said in discussions with the Board, they do not want Wagner park given in consideration for the trails. Councilman Knecht said the PCPA is meeting next week and he will bring this up for final consideration. The PCPA liked this idea initially; however, other ideas have come up since Qhich may be more appropriate. Councilman Knecht said he would like this tabled until he was able to attend the PCPA meeting. Stewart asked if any money would be required for drawings. Lou Buettner, engineering department, told the Boards this is proposed to take shovels and rakes and hack a trail out. The PCPA did not feel they The advertising and getting volunteer joggers out needed plans. PCPA proposed getting to cut this trail. Commissioner Kinsley requested finding out whether the PCPA is still interested if whether they still have a commitment of funds. 2. Smuggler Mountain Area Road and Storm Drainage Study. There were memoranda from engineers Pat Dobie and Dan McArthur requesting an allocation for engineering studies for the Smuggler area to cover issues of road, bridges and drainage. City Manager Chapman told the Boards the city has been discussing the Smuggler area for a tong time. The city will be reviewing the capital ~mp~ovement program this summer. If the city is going to include Smuggler improvements, they should have some notion of what the improvements are and what the costs will be. Mayor Edel .said sometime ago Council brought up the business of whether there is double taxation; whether this exists or not. Mayor Edel said at that time the County was doing a study of this to come up with any answers, or is there validity to this idea. Commissioner Child said the Colorado Counties is doing an analysis, which is not complete. The director feels secure he can argue with the municipal league against this notion. Commissioner Kinsley said the whole issue is folded into who provides what services and how and what gets consolidated. Stewart said the county is taking all programs, trying to figure out who does what and what revenus go with the programs. Stewart said this study is not far enough along to come back with distinct answers. Councilman Col'lins asked how this study fits in with the master planning for the area. Sunny Vann, planning director, said they had a rought draft which will go to the Smuggler neighborhood group and also to the P & Zs. This study is a necessary component of the master plan; these improvements are discussed in the master plan. Chapman said that based on the survey of Aspen, Snowmass, and Pitkin County on consolidation, the staff has targeted departments to come up with plans for. Chapman said the staff should be able to come up with financial plans for consolidation of some departments. Mayor Edel said the question of financing and double taxation should either be buried or have its validity proved; this is an irritant at best. Chapman said there is a time element involved in the Smuggler area study. There is a master plan; the city will be considering capital improvements program. Chapman would like to be able to give Council the information regarding drainage requirements, bridge improvements pertaining to that area. The engineering department is in no position to do this themselves. Councilman Knecht said he would rather see the whole master plan for the Smuggler area. Also~ Councilman Knecht agrees the idea of monies and taxation has to be answered. Vann answered that the master plan says one of the major problems of this area is the drainage. This study will identify where to take the water, where collect it not talking about site specific development. The drainage improvements should be associated with tearing up the streets, the water, etc. This is not independent upon the master plan decision. Kinsley pointed out this area gets left out a lot; there have been some major changes and developments in this area. The roads in the area really suck. Mayor Edel said he has no problems with the first amount of money for the study, the city's share of of $20,000. The problem is what the future will bring and how to handle situatior like this. ~ayor Edel said he did not wan~ to set a pattern of things; how mhch should the city be paying on mutual problems. Kinsley said this issue is a focus of the county's work right now. Councilman Collins moved that the city participate in the Smuggler Mountain Road and Drainage study with the county for the estimated cost of $40,000 to be split 50/50 seconded by Councilman Knecht. Chapman said the staff will proceed with a contract and an appropriation and come back ~o Council for approval at a later date. It was both the Board and Council's consensus to proceed in this manner. 3. Building Department Discussion. Mayor Edel asked the county where the building depart- ment stands in terms of staff. Curt Stewart said the county has advertised locally and has had some applications from within the department. Neither the city nor county manager has pursued a chief building official until the issue of Mr. Paddock was resolved. Chapma~ noted the county hired a public works director and was hopeful that the public works director could spend some time with the building department and help them out. Chapman has received resumes of the present applicants. Mayor Edel said the building season with great stress on the department is here. Mayor Edel said he would like to facilitate the process and get someone in the department. There are two vacancies in the department. Stewart said they are about to fill one of the vacancies; also, this building season is slower than normal. Patsy Newbury, building department, said they are caught up with plan check to about 10 days; things seem to be moving along smoothly right now. Mayor Edel said he is confused about the handling of the Paddock situation and would like the issue cleared up ~n public. Mayor Edel said he felt that Mr. Paddock may a grievous error; however, he has paid for it in many ways and more importantly the realization of where he is at and where he has been and where he is going. Mayor Edel said he felt the district attorney has handled this very well. When the D.A. asked Council about this, the Council felt it was not necessary to pursue prosecution. Mayor Edel said he met with Councilwoman Michael and Commissioner Klanderud; the Council strongly said Paddock should not be prosecuted. Mayor Edel said he would like to know where the elected officials stand on this matter. Commissioner Child said he was not involved as he was out of town. However, he agreed with almost every statement the Mayor made. Child said Paddock got into deep water, and had personal problems. Child said he felt badly about this and this was an universal opinion. Child said these mistakes were more than just personally damaging; they had the prospect of being damaging to the community. Child said as public officials they could not look at these transgressions subjectively and support this person md see him recover. Child said he felt, as public officials, they did not have that luxury, and had to follow through with the duty of making sure that government operates honestly and openly. Child said he felt there should be prosecution. Commissioner Blake said one of the salient points in the commissioner's discussion was they did not want to reach the conclusion for the district attorney to act upon. Blake said he felt the meeting with the D.A. was for him to get some feel of the tenor of the Board. Blake said the county Board did not want to take a firm position as a Board to tell the district attorney which way to go. Mayor Edel said he was lead to believe that the D.A. walked away with a definitive feel for prosecution. Blake said the stand was two to two. Commissioner Kinsley said he felt it is the district attorney's business to get all the fact and to make his own decision. It is the job of the district attorney to make those determinations. Mayor Edel said this is contrary to what the Council said~ which was this person has been punished sufficiently and the public officials have done their duty to the public. Mayor Edel said there seems to be quite a philosophical difference in approaching this between Council and the Commissioners. If this is the case, it gives thought about other things. Councilman Knecht said this points to a broader problem; there are two staff people in control and two policy Boards in charge. Councilman Knecht said he is in favor of the city's own building and planning departments. Kinsley said there is a major difference in the position the county took and the position the city took; the county did not tell the district attorney to prosecute Paddock. The county said they would not tell the D.A. one way or another. Second, of the four commiss- ioners there, the opinions expressed were split. These cannot be interpreted as 180° from what the city said. Mayor Edel said people and handling of people goes beyond anything the Boards do. People who voted for prosecution weRt down in the Mayor's estimation. This is a basic philosophical difference, making it difficult for the Mayor to consider their validity in joint decision. Mayor Edel said this is a personal opinion. Mayor Edel said his purpose was to get a statement and get clear. Mayor Edel said the Council will start thinking and talking along the lines of separate departments. Blake said as far as long range viability of common ventures, he hoped the Boards have not conceded this kind of situation would be a frequent matter. Blake said as far as the on- going viability of common programs, the boards have a responsibilities in the financial area to save taxpayers money by doing programs jointly. Councilman Madsen said he felt personally that prosecution was not warranted; however, he does not follow the reasoning that this may portend some greater differences. Madsen said different operating philoso- phies does not lead to disassociation. The boards should consider themselves as a community. Councilman Knecht said separate departments is something to be thought about because of the size of some of the joint departments and there may be lack of control. Councilman Knecht said his personal opinion is that Paddock is one of the best building inspectors that Pitkin County has had. Madsen said the commissioners spent time in two areas; (1) the extent of the impropriety and (2) talked to county staff to find out their reactions. Madsen said the staff felt that if something goes wrong that should be punished, it should be punished. Mayor Edel said the feedback from city staff was applause for the Council's actions. This is the reverse; this may point out a basic difference not only in the elected bodies but the staff as well and direction as well. May 10, 1982 Blake agreed he had often sensed the "we" "they" reaction in joint meetings no matter what the issue is and maybe the Boards should find out the reason why. Child said as part of consolidation or joint departments, the Council and Commissioners might may a policy state- ment about personnel and ethics so that the city and county will know they are in agreemen~ when they enter into consolidation. Mayor Edel said b~ the Charter, the Council does not get into personnel matters; the only time Council gets into these matters is when the City Manager brings them to Council. Chapman said whSn he had received the facts on this personnel matter, he talked individually to each member of Council and told them what he had done. Chapman said he had told Councilmembers this matter may be turned over to the district attorney's office. The Council answered they would like to avoid prosecution if there was a way to do it. Kinsley said the institutional form of a lot of programs for the city and county will be determined in the next couple of years. From the county's standpoint, the survival of a lot ~f~those programs will be determined bywhether or not they can be run more effi- ciently by consolidation. Kinsley said he hoped the short-term frailties of members of the Boards does not get in the way of the long-term needs and requirements the community has on a long-term basis. 4. Agreement with Pitkin County Housing Authority to process applicants for Smuggler Mobile Home Park. City Attorney Taddune said he and the county attorney have conclude¢ this agreement should be between the city, county Commissioners and the County Housing Authority. Taddune said this will contract with and designate the county housing office as the qualifying agency for Smuggler Mobile Home Park to assure these people are employee~ and are qualified to purchase the trailers. Assistant City Manager Ron Mitchel told the Boards this is just for the 17 new units. The county housing office will market the units and qualify people as the city's agent. Mayor Edel said if this is just for 17 units and the city pays no money, he is in favor. Gall Mahoney said technically the money will be assessed to each purchaser. Mayor Edel said he did not want any financial responsibili~ on the part of the city. Councilman Knecht said he would like to see a corrected agree- ment before voting on it. Council asked staff to redraft and bring the agreement back. COUNCIL MEETING MINUTES Councilman Knecht moved to approve the minutes of April 12, and 15, 1982; seconded by Councilman Collins. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Knecht moved to approve the accounts payable for April; seconded by Councilman Collins. All in favor, motion carried. CITIZEN PARTICIPATION 1o Ronald Austin, appearing on behalf of himself, Gideon Kaufman and Nick McGrath, told Council Kaufman has been working with planning and the attorney on time sharing. Austin has had conversations with both in respect to time sharing in Aspen. Kaufman has prepared a draft ordinance for consideration. Austin said he feels this is a timely topic and the city ought to consider time sharing before an application actually comes in. Austin said he, McGrath and Kaufman would like to work with the city to develop legislation before an application comes in. Austin said there have been problems with time sharing in other parts of the county; there has also been successful time sharing. Austin said he would like to set up a study session to participate with Council and planning to work on legislation for time sharing. ~Austin said he would be willing to do a memorandum to highlight the problems and recommendations. Sunny Vann, planning director, told Council that time sharing is not on this year's legis- lative agenda. The staff is currently looking at the permitted and conditional use tables which is scheduled as the next item for planning. Vann said Council could delete that item and super-impose time sharing. Based on the work program, Council will have to decide which topic they would like to consider. Chapman suggested the staff following up on the work Kaufman has already started. If Council wished to pursue this program, the staff and interested people in the community could draw up proposals and do research on time sharing. Vann said he did not have a problem with this approach; however, Council and P & Z fall back on staff to review and recommend the work. Austin stated it is their offer to do the vast majority of the work in order to make this an easier process. Taddune said his office would still take the same amount of time analyzing the work to make sure they are properly advising Council. Mayor Edel suggested letting this group go forward with the staff personnel being Ron Mitchell. Mayor Edel pointed out the legislative agenda is full with things Council wants to accomplish, so staff time is at a minimum. Council agreed to have this group work with Ron Mitchell and then make a presentation to Council. 2. Ramona Markalunas and Ann Altemus, representing the West Side Improvement Association, appeared before Council to complain about a large duplex at the corner of Fifth 'and North. Mrs. Markalunas told Council they had checked with building, city attorney, and other staff and find that the P & Z resolution adopted in December did not mean much because it is not being abided by in the building department. Building permits are still being issue~ to buildings which do not comply with that resolution. A letter was presented to the city Council. The WSIA would like to know if there is going to be enforcement of the legisla- tion. Mayor Edel said the letter was passed to staff and there is a staff report which addresses this complaint. Mayor Edel said this is just one house; he did not know of othe~ houses. Mrs. Markalunas said there is a coal shed at 500 North which appears to being renovated. ReguLar Meeting City Attorney Taddune told Council that regarding the first issue, a permit was issued and the owner had detrimentally relied. This exposed the city to a certain amount of liabilit if the permit were revoked. Taddune said there is a question as to whether the permit was issued improperly or not. The permit application was submitted long before the mora- torium came into effect. Taddune submitted a report and documentation to Council. Ann Altemus said she felt the housing (sic) department is totally negligent and there are a lo of building permits that shouldn't be issued. The town is continually inundated with big duplexes in the neighborhood. Ann Altemus brought up another building at S05 Roaring Fork road, which has an excavation permit, has been dug, and the permit was issued May 5. Bill Drueding said even though ther is a moratorium, if a house comes in with enough lot size and stays within the prescribed FAR, it can get a permit. Planning Director Sunny Vann agreed t~at if a building complies with the P & Z proposed resolution, it can be issued a building permit. Ann Altemus said she felt the building department was in terrible shape and none of these buildings, she believed, should have a legal right to have a building permit. Mrs. Markalunas said she would like to see if a site plan is filed for the remodel at 500 North as she questioned if the shed is even located on the lot. Council requested answers to these question. COUNCILMEMBER COMMENTS There were none. Councilman Knecht moved to add to the agenda resolutions regarding Cap's and Castle Ridge seconded by Councilman Collins. All in favor, motion carried. Councilman Knecht moved to add to the agenda two resolutions regarding the condemnation of lots next to the Wheeler and a resolution for settlement of the condemnation; seconded by Councilman Collins. All in favor, motion carried. City Attorney Taddune told Council that in order to consolidate and set aside a site for the location of the performing arts cents, the Cap's property is necessary for this and the Rio Grande master plan. One of the solutions for this is to exchange the Cap's site for a northwest portion of the Rio Grande. property. This northwest portion, in Taddune's opinion, is currently in use for a public purpose. If these sites are going to be exchange this would require voter approval. The question proposed for the ballot indicates very clearly this is only one of several alternatives to the city. This will give Council a reading from the electorate on whether the exchange is an option or not. Councilman Knecht asked if this is what the arts groups need. Richie Cohen said yes. Councilman Collins said the broader question if to make available to a private group a significant amount of city land worth $2,000,000 to $3,000,000. This resolution question only addresses a smaller piece of property at the Rio Grande and does not give the citizens the opportunity to approve the question whether the citizens want to give up a significant amount of city land to a private organization. Councilman Collins asked that the language in the resolution be broaden to include the broader picture. Councilman Collins asked that the question regard the appropriateness and the propriety of making a significant capital land available to a private organization. Councilman Collins said he did not see any benefit accruing back to the city from this land exchange. Mayor Edel pointed out this process has been going on for three years, and the city has gotten all the necessary approvals to make these statements. Taddune said the city has invited a lot of public input and the Council has adopted the Rio Grande master plan. Taddune said Collins' question is whether or not the electorate should vote on the concept of a performing arts center on that site. Councilman Collins said the city is making a sizeable contribution to implement the master plan. Councilman Collins said he felt strongly that the city shouyld keep as much of the land for its own use as it can. For the city to make this available for development, which may run against the growth management policies, the citizens should have the opportunity to express themselves about this. City Manager Chapman pointed out that the land where the performing arts center will be built is land owned by the county, which the county has agreed to make available. The othe~ parcel in question is the Cap's parcel, which is going to the voters. The city has agreed to give a parcel of land to the county for the jail; in exchange, the county is giving the city one plus acre of land along the rivers. The majority of land in question is not within the jurisdiction of the citizens of Aspen. Richie Cohen said that Arts West will lease the land owned by the city for a period of time sufficient to complete the building. The county is donating the stable property to Arts West directly. When the project is finished, it will be donated to the city. Chapman told Council that each and every part of the land trade with the county stands on their own. Mayor Edel said the city is buy land for a specific use; it is not for open space. Mayor Edel said the exchange of land question is giving the city another option; the more options there are, the better to deal with an overall situation. This is an optior to fulfill a commitment the city has been making for three years. Councilman Collins said the land the city owns in the downtown area is not getting any bigger, and he would rather not see buildings go on these pieces of land. Councilman Collins said he felt it is encumbent upon the city to hang on to the lan~ and keep them open and for uses and needs the city comes up with in later years. Councilman Knecht moved to adopt Resolution ~13, Series of 1982, and the proposed question as written; seconded by Councilman Collins. All in favor, with the exception of Councilman Collins. Motion carried. RESOLUTION ~14 and i5, SERIES OF 1982 - Lots next to Wheeler, condemnation and settlement Council debated whether resolutions must be read in full. City Attorney Ta~dune went to research this. LIQUOR LICENSE HEARING FOR 3.2 BEER Aspen Drug Mayor Edel opened the public hearing. City Clerk Koch reported the files, posting and pub- lication to be in order. Steve Wickes told Council that Aspen Drug is applying for a 3.2 beer license from a full drug liquor license. This is so that beer can be sold on Sunday and that the clerks can be under twenty-one. Nothing in the store will change; the beer will be sold out of the existing cooler. There were no opponents. Mayor Edel closed the public hearing. Councilman Collins moved that based on the evidence presented at the public hearing held May 10, 1982, relating to the application of N & R, Inc. for a 3.2 beer license, the City Council finds that the needs of the community have not been met and that the license as applied for is hereby granted; seconded by Councilman Collins. All in favor, motion carried LIQUOR LICENSE HEARING FOR THREE-WAY LIQUOR LICENSE Red Roof Inns Mayor Edel opened the public hearing. City Clerk Koch reported the files, posting and pub- lication in order. Bob Edmundson, representing the application, told Council the premises will be serving breakfast, lunch and dinner in the same area as used by the Plum Tree Inn. Edmundson told Council the dinner will be basically Italian/American. There will be outside service. There were no opponents. Mayor Edel closed the public hearing. Councilman Knecht moved that based on the evidence presented at the public hearing held May 10, 1982, relating to the application of Red Roof Inns for a three-way liquor license, the City Council finds that the needs of the community have not been met and the license as applied for is hereby granted; seconded by Councilman Collins. All in favor, motion carried. WOODSTONE LODGE At the request of the application, this is taken off the agenda. R~SOLUTIONS 14 AND 15, SERIES OF 1982 - Wheeler Opera House Condemnation Councilman Collins moved to read Resolution #14, Series of 1982; seconded by Councilman Knecht. All in favor, motion carried. RESOLUTION ~14 (Series of 1982) A RESOLUTION RATIFYING THE COMMENCEMENT OF A LEGAL ACTION IN EMINENT DOMAIN TO CONDEMN REAL PROPERTY NECESSARY FOR THE RENOVATION OF THE WHEELER OPERA HOUSE WHEREAS, the City of Aspen, Colorado, owns the Wheeler Opera House and is in the process of renovating it; and WHEP~EAS, the City Council has determined that it is necessary to acquire additional land adjoining the Wheeler to construct thereon improvements to the Wheeler that are necessary to bring it up to modern standards; and WHEREAS, the City Council, through its representatives, has attempted to purchase such additional land, identified as the easterly nine(9) feet of Lot Q, Block 81, Original Aspen Townstie (commonly known as the Mother Lode property), but such purchase negotiations have been unsuccessful; and WHEREAS, a Petition in Condemnation conerning the above-described property was filed on behalf of the City in Pitkin County District Court on May 5, 1982. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the CiTy Council of the City of Aspen, Colorado, has found and determined that it is necessary to acquire for public purposes described above that real property described as the easterly nine (9) feet of said Lot Q and such construction easements as may be necessary to accomplish the planned renovation construction on the Wheeler. Section 2 That the filing of the Petition in Condemnation in Pitkin County District Court to acquire said real property is hereby expressly ratified and approved was read by the city clerk Council deferred action on these until later in the meeting as one resolution was incomplet. RUBEY PARK DEVELOPMENT PROPOSAL Monroe Summers reported to Council staff's work over the last year on the development of Rubey Park. Mayor Edel questioned air transportation and ground transportation - cabs and limos, in non-commercial areas. Mayor Edel said he did not feel these were non-com~ercial areas. Summers said these are an accessory to Aspen's visitors needs; they will pay for their space. Summers told Council the staff had circulated a questionnaire to businesses in the community that might have some interest in this facility; to find out the uses and how these uses relate to the seasonal visitors; how much space they would need, and would they pay for it. Summers said, from the questionnaires, the staff identified about 4850 square feet of space labeled public area. This is divided up into visitors bureau, central reservations, city/county transportation, restrooms, changing and lockers. Summers identified between 30 and 40 per cent of the 4850 square feet as being spaces which would have To pay some rent to subsidize the operations. Some of these would be alpine and nordic skiing companies who would use the space to greet visitors, provide advance infor- mation on their activities. Summers told Council this is a pDssible approach to getting the 4850 square feet of public use space without having a new taxing mechanism or having to bond. There is a possibility of joining hands with the private sector and allow them to get involved; this proposal' is based on the premise that the city join forces with the private sector, utilizing limited commercial space development within the structure to amortize the cost of the entire project. This would include not only the building but also the development of the.park itself. The emphasis of this approach is on structuring a package of commercial develop- ment rights, in exchange for the market value of the underlying real estate, which will provide the community with adequate public spaces, free and clear, (that's the 4850 square feet) and insure equitable return on investment for a private party from the balance of the improvements constructed. Industrial development revenue bonds should make this a very attractive package for private investors. Net procees from the leasing of commercial space would be pledged to the repayment of'the bonds. Mayor Edel questioned the ability to do this without triggering the Hodge-Oliver agreement Summers said the staff has tried to develop broad guidelines to follow and leave this where a private consultant would come in and site the building, the bus staging, the park, the skiers. Chapman told coUncil the building would be in the Mill street right-of-way and by not using any of the Rubey Park land, the Hodge Oliver agreement would not be triggered. Sun~mers said there are strong constraints in doing any development in the rights-of-way on Galena or Mill street; however, the city does own the land. Those rights. of way are primarily used as ingress/egress to Rubey Park and should be considered in the overall parcel. Summers said the staff would like to be able to meet with a consultant with some¢,broad criteria to see what a consultant could come up. Utilizing the Mill stree~ right-of-way would save Rubey Park for bus'staging, landscaping, urban park development. Summers said the staff feels that future winter skier staging could be better achieved on the south end of Wagner park. This would'~allow greater flexibility with Rubey Park in the winter time. Summers told Council the ultimate goals for Rubey Park transportation center is to provide efficient transportation to the community and to provide a means for the visitors to take care of all their details in one place. Councilman Knecht asked what the incentive would be for someone to do a proposal on this. Summers said a developer would be getting free land in the central core in exchange for the development of the building, which they would own or lease long-term. Chapman said one of the alternatives that will move the quickest is getting the architectural and development proposal wrapped into one; this is a typical practice. The incentive is' 6184'square feet of commercial development space; the winning proposal would get a preferred development agreement with the city. Chapman said his experience is that the city will get a better response by tying the whole development package into one. Summers said this has to be structured to satisfy two different criteria at one time; (1) a package that can move forward, (2) satisfy the right of first refusal for Hodge Oliver. Mayor Edel asked if the city built a much smaller building with no commercial space, woul~ Hodge Oliver get involved. Summers said there is a question depending on what uses are put into that building. Mayor Edel asked if the city would be giving more away to a priw e developer than the city would be getting back. Mayor Edel asked why a private developer should be involved at all; why shouldn't the city do this. Chapman said one of the reason is economics; and if the city built the whole thing, commercial and public, it would trigger the Hodge Oliver agreement. Chapman pointed out if the city likes none of the proposals, they could develop it themselves. One of the criteria to evaluate proposals is the return to the city on the commercial space. Chapman told Council the-staff has had architects review this, and they feel it is thorough yet flexible enough that the city has not desi,3ned the project. Mayor E~el ~aid t~J.s ¢[oes I~.ave to ~o to the voters; is this just running an ex,}rcis~, should this go to the voter~ first Bi! Dunaw~y pDinted out =~e citizens and the citv saved this from developers. The park has gradually been eroded into a transportation benter. The city is now talking about a building that voids the whole reason for purchasing the park. Dunaway said he felt this should go to the voters first. Mayor Edel agreed that the city should go to the voters first as this ~s not a small project. Chapman said it is the judgment of the Council whether it is easier for the voters to a~dress a specific proposal or easier for the voters to vo~e on a concept. Chapman said the staff is talking about commercial growth the city will get anyway. There will be GMP applications for commercial growth. The staff is not suggesting this ~s out- side the purview of growth management. Dunaway said the commercial developers should buy their own land and let the city keep its land as undeveloped as possible. Chapman told Council it would only cos~ staff time to analysis the proposals, otherwise there would be no other costs to the city. Summers said no matter what kind of facility is built at Rubey Park, if the city looks realistically at the typ~ of uses and needs of the travellin~ public, there will be some accessory uses to that space that will be commercial. Summers stated there needs to be food service; contact with the airlines; perhaps a drop off for rental cars. Mayor Edel said Council has to decide whether to go to a vote first; then there is no proposal to present. Or does the Council as developers to take a gamble and then vote. Chapman told Council there are disclaimers in the proposal so that people understand they would have to go through zoning and growth management; there is a possibility the city may not be able to do the IDB's. Chapman said he felt mos~ developers would take that risk as part of a cost of doing business. Summers suggested Council sponsor a rezoning to make Rubey Park SPA, which would g~ve Council control over the uses ~n the building. Summers said he is structuring the requests for development proposals based on the require data ~or submission of the GMP application, which is October 1, 1982. Council said they felt it would be difficult to get it through this year. Councilman Knecht said this proposed development is an 11,000 square foot building versus a small building to handling basically what is there right now. Summers said the refer- endum issue will be to ask the vo~ers if they would allow limited commercial development on a portion of the Rubey Park parcel. Chapman said if this is going ~n sequence, the city should go to the voters with a proposals so the voters know exactly what they are getting. Councilman Knecht moved to approve the implementation recommendation, authorize, the City Manager to prepare a request for development proposal from the criteria outlined herein, and to actively solicit participation from interested investors including the Hodge Oliver company; seconded by Councilman Collins. All in favor, with the exception of Councilman Collins. Motion carried. Councilman Knecht moved to instruct the City Attorney to prepare a ballot question for public referendum concerning restrictions on sale or exchange of real property under Section 13.4 of the City Charter; seconded by Councilman Collins. City Attorney Taddune told Council he would wait until there is more specific input from the development community before drafting the question. All in favor, motion carried. Councilman Knecht moved to sponsor a Council initiative to designate the Rubey Park parcel SPA; seconded by Councilman Collins. All in favor, with the exception of Councilman Collins. Motion carried. Mayor Edel announced he had received a resignation letter from Olof Hedstrom, Chairman of P & Z, for which he is extremely said. Hedstrom has given a lot of talent and time ~o the P & Z and has done a magnificent job. Councilman COllins asked staff to prepare a resolution thanking Hedstrom for his time and service and everything he has contributed to the community; seconded by Councilman Knecht. All in favor, motion carried. RESOLUTIONS City Attorney Taddune told Council he had researched the Charter, Roberts Rules and the Council rules and opined resolutions did not have to be read. Councilman Knechted Moved to' adopt Resolution #13, Series of 1982; seconded by Councilman Collins. All in favor, with the exception of Councilman Collins. Motion carried. RESOLUTION ~14, SERIES OF 1982 - Condemnation of lots nex~ to Wheeler. City Attorney Taddune told Council this is the action of condemning 9 feet of land closest to the Wheeler for the renovation. Councilman Knecht moved to approve Resolution ~14, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION ~15, SERIES OF 1982 Approving a proposed compromise and settlement on the Wheeler City Attorney Taddune told Council this resolution is to approve a settlement of the con- demnation proceedings, which would have the city becoming the owner of the two lots at $550,000. City Manager Chapman said the Council had agreed to pay $100,000 for the con- demnation of the 9 feet and by July 1 pay an additional $450,000 for the remaining propert' The city received two appraisals on the parcels, which were between $600,000 and $670,000;~ which is $50,000 to $120,000 more than the city is paying. Co,~ncilman Knecht moved to adopt Resolution ~15, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION ~16, SERIES OF 1982 Castle Ridge Employee Housing Sale Assistant City Manager Ron Mitchell prepared a memorandum for Council which covered all major points of the agreement for the sale of Castle Ridge. Mayor Edel asked if the purchaser decided in turn to sell Castle Ridge, could the city make that subject to the city's approval. Taddune said the city could make that provision. Chapman pointed out the agreement does allow the purchasers to condominiumize and sell units; 20 units after 5 years; another 20 units after a second five years; another 20 units after a third five years. These would be sold at employee housing guidelines. Councilman Knecht asked if the down payment and consulting fees were to go back to repay the water and electric funds. Chapman said ultimately they would. The $200,000 worth of improvements to land scaplng and paving is in the agreement. Councilman Collins asked if this is the same package Council looked at some months age. Chapman said it is; the staff has had the purchase do a projection of the rent which will become an exhibit to the agreement and shows projected operating expenses including reserve for deferred maintenance, with this, the staff worked to a 6.4 per cent rent increase; the agreement says anytime the purchaser exceeds the projected expenses, they have a right to exceed the 6.4 per cent rent increase dollar for dollar. However, if they do not reach the projected expenses, they have agreed to reduce rents dollar for dollar. Councilman Knechted moved to adopt Resolution ~16, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. City Manager Chapman pointed out the Castle Ridge referendum is no~ until June 15, 1982. If it ~s approved by the electorate, it will not close for at least a month. There is no way the landscaping can be done this year. Chapman suggested the city work with Landoff representatives to do the work with the notion the City will get paid back if the issue passes. If it doesn't pass, then the city has spent more money out there. The estimate Chapman has for landscaping, sprinklers, plantings is between $60,000 and $70,000 Councilman Knecht said Castle Ridge definitely needs landscaping. Mayor Edel said the Council promised there would be no general funds monies going into that project. If the issue loses, the only resource the Council has is general funds. Chapman suggested the staff bring back a report on how to finance the improvements and how much they cost. Councilman Knecht moved to initiate a landscaping plan based upon the proposals from last year; seconded by Councilman Collins. All in faVor, motion carried. ORDINANCE #21, SERIES OF 1982 - Water Rate Increase Finance Director Sheree Sonfield told Council when the water management plan was adopted, the city agreed on a 10 per cent increase every year to fund the portion of the debt service benefiting the existin customers. This increase will be seen on the bills as of July 1. Mayor Edel asked if the city is doing the work commensurate as the monies come in. Chapman said some of the work was done from the bond issue. This increase will stay with the original plan; there will be a little bigger surplus at the end of the year because the debt service for the water project is not as high. Councilman Knecht moved to read Ordinance ~21, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #21 (Series of 1982) AN ORDINANCE AMENDING DIVISION 3 OF ARTICLE III OF CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, ENTITLED "WATER RATES AND CHARGES" was read by the city clerk Councilman Knecht moved to approve Ordinance ~21, Series of 1982; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Mayor Ede!, aye. Motion carried. ORDINANCE ~11, SERIES OF 1982 - Floor Area Limitations Mayor Edel opened the public hearing. Welton Anderson, vice-chairman of P & Z, told Council there are items in this ordinance that go beyond the scope of floor area ratios such as section 4 which revises a number of definitions. One of these is whether the space under balconies would be counted in the floor area count. Anderson said defining necessary to the function of the building by whether the building is non-residential or residential was not the intent of the P & Z an~ does not make sense. Planning Director Sunny Vann told Council in adjusting the Code for floor area ratios for residential, the Code had to be adjusted where it dealt with floor area in general. The rationale is for residential structures, the P & Z and staff did not want to exempt decks altogether. After decks exceed a certain minimal require- ment, they would be counted towards the FAR, On the assumption that most decks associate~ with commercial or lodge operations are primarily necessary to the function of the building and tend to add additional bulk, it was included. David Eisenstein, representing the Board of Realtors, said this section may lead people to design balconies without roof overhangs, which would cut down on the efficiency of the buildings. Vann said one of the things this ordinance straightens out is how to deal with basement and sub-grade space. The height has been lowered in certain zones district~ Eisenstein questioned the need for a distinction between commercial and residential when counting the balconies. Vann said in a house of 3,000 square feet, 15 per cent for a balcony is a very small amount. In a 20,000 square feet of commercial building, 15 per cent becomes another thing with a potential for commercial use that would not have compet~ under growth management. In commercial, counting the balconies is from a bulk plus a commerical use impa~t. Anderson told Council this~ordinancewas to address bulk and mass and square footage. A basement, whether it has windows or not, does not necessarily add to the overall size of the building. The way this ordinance is written will discourage the construction of a safe basement. Robin Molny said the way the ordinance is written simplifies the counting of basement, sub-basement or sub-grade. Vann explained originally the planning office said if a space can be occupied for sleeping accommodations and has to meet certain requirements, natural light, access, ventilation, then it should count. This was changed to say that FAR measures both impact and physical bulk. It is arguable that in residential zone districts that allow single family or duplexes, there won't be an additional dwelling~iunit in the basement but rather an additional bedroom or workshop. Since this is below ground and does not have additional impact or bulk, it is excluded. The ordinance says provided that sub-grade and sub-basement space in single family and duplex structures in any zone district in the city shall not be included in floor area calculations, regardless of whether it meets natural light or not. The natural light criteria is used for other types of construction in other zone district. For instance, in the lodge district if employee units were below grade there may not be a bulk Problem but there will be an impact; therefore, the space counts. If the space were used for storage or laundry, it would not count. This is to encourage support-type facilities to be put in the basement. Anderson brought up calculating floor areas in planned unit developments and that ease- ments have to be subtracted from the total square footage in the land. Anderson said in some developments this could leave the developer with less than 50 per cent of the land. Vann agreed this could present a hardship; the most appropriate way to deal with this would be to go to'the Board of Adjustment. This is currently in the PUD section of the Code. The rationale for this is if the who~e property was built upon and the~' owner of the easement exercised their right, there might be an unacceptable situation, Vann suggested leaving the PUD and easement section the way it is. If it becomes a problem the staff will look into it. Vann told Council that currently the Code calculates FAR from external wall to external wall counting the wall. People have questioned this when using an energy conservation- type wall, perhaps credit shoul~ be given. The planning office agreed and added a section to deal with energy conservation walls. Eisenstein requested the Council to change the height limitation an R/MF back to 28 feet. The R/MF is different from other zones because it allows for multi-family; it might be appropriate to allow for 28 feet for multi-family projects. Molny suggested a change in wording for the credit for energy conservation. The planning office accepted the change. Molny objected to the unlimited addition to an historically designated structure. Vann said the expansion of historically designated structures is subject to approval of the }{PC. Mayor Edel closed the public hearing. Councilman Knecht moved to adopt Ordinance #11, Series of 1982; seconded by Councilman Collins. Vann went through the proposed changes from staff and from the public from this evening, outlining the basement, sub-basement and sub-grade changes; Molny's change about the energy conserving walls. Council discussed the decks, whether they are counted or not. Molny said he felt that balconies add ~o impact and decks do not. Vann said from bulk, decks~ do not but from impact, deck is 3ust as useable. Vann said the approach of the Planning office is very conservative. The staff is to come back with clarifications on whether decks count when necessary for the function of the building and how much percentage an historically desig- nated building can expand. Mayor Edel continued this item until May 24 for the clarification of the two above items. WATER MANAGEMENT PLAN - Phase II City Manager Chapman told Council this is an informational report; the 1982 projects for the water management plan will be limited to one or two projects. The first prior'ity is Knollwood pump station; the second is Riverside Driver water main replacement. These are out to bid right now. At the next Council meeting there will be a resolution on one or both projects. ORDINANCE #22, SERIES OF 1982 - Short-term lonas for Wheeler Opera House and Land Acquisitions Joe Barrows, Kirchner/Moore, was present and told Council he would be taking care of the Aspen accounts. Finance Director Sheree Sonfield reminded Council they has approved the issuance of short-term notes to finance the Wheeler at $1,200,000 and land acquisitions of $550,000 for land west of the Wheeler and $100,000 for the Beatmer property. This ordinance authorizes the staff to go ahead with the bank notes. These figures are maximum figures. Chapman told Council that the $100,000 figure is predicated on the amoun~ the county has already paid into the Oden property. Mayor Edel said that deal may not go through and he does not want the city to borrow money they do not need. Chapman said the staff does not know exactly when the Oden/Bealmer city/county deal will close. If the county canno~ get anything worked out on the Oden property, the staff will have to bring back to Council an agreement on the Bealmer property. Councilman Collins moved ~o read Ordinance #22, Series of 1982; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #22 (Series of 1982) AN ORDINANCE APPROVING SHORT-TERM LOANS NOT TO EXCEED 1.2 MILLION DOLLARS FOR THE I{ENOVATION OF THE WHEELER OPERA HOUSE AND NOT TO EXCEED $550,000 FOR THE PURCHASE OF LAND ADJOINING THE WHEELER OPERA HOUSE AND NOT TO EXCEED $100,000 FOR THE CITY'S SHARE OF THE BEALMEAR PROPERTY was read by the city clerk Councilman Knecht moved to adopt Ordinance #22, Series of 1982, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Mayor Edel, aye. Motion carried. SUBDIVISION EXCEPTION Shaw Estate Alice Davis, planning office, told Council this is a request for condominiumization of the Mother Lode and the four lots located there. The request is being made in order to sell the Mother Lode to the present lessees. There are some minor changes requested from the engineering department. The building department did a fire and safety inspection and found requirements that have to be addressed. The planning office recommends approval subject to the four conditions in the memorandum. Councilman Knecht moved to approve subdivision exception on 314 East Hyman Avenue with the four conditions an the planning office memorandum of May 4, 1982; seconded by Council- man Collins. All in favor, motion carried. RETIREMENT CONTRIBUTIONS IN LIEU OF SALARY INCREASES Assistant City Manager Ron Mitchell told Council it has been suggested that it might be advantageous for some employees to get an increase in the city's contribution to retire- ment rather than a salary increase. The staff investigated this and showed in some cases this would. Mitchel said the staff concurred this option ought to be open if employees want it. If an employee takes advantage of this option, it would save the city money. Councilman Knecht moved to concur with staff recommendation to institute a program of retirement contributions in lieu of salary increases; seconded by Councilman Collins. All in favor, motion carried~ ORDDNANCE ~23, SERIES OF 1982 - Housing Price Guidelines Assistant City Manager Ron Mitchell told Council this ordinance is in conjunction with the 1982 guidelines adopted by the county. The differences are that the city's gives priority for employer owned units; persons employed directly by the owner should be given first priority. The second difference establishes a middle income rental at $.82 per square foot; the county does not have a middle category. The third is to cover the situation where there is 100 per cent employee housing and it is not being subsidized by free market development. These should be looked at on a case by case basis. Councilman Knecht pointed out the city's appreciation for resale is 7 per cent and the county's is six per cent. Councilman Knecht said he felt the city's should be 6 per cent. Gail Mahoney, housing department, said the 6 per cent is tied in with what their depart- ment estimated would be the annual increase in income for employees each year. Mitchell toldCouncil the staff's justification for 7 per cent is that it would be consistent with department heads' housing. Council agreed the resale increase should be 6 per cent. Councilman Knecht moved to read Ordinlance #23, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE 923 (Series of 1982) AN ORDINanCE AMENDING ORDINANCE NO. 79, SERIES OF 1981) TO ESTABLISH FOR L982 QUALIFICATIONS AND GUIDELINES FOR LOW, MODERATE AND MIDDLE INCOME OWNERSHIP AND RENTAL OF EMPLOYEE HOUSING UNITS was read by the city clerk Councilman Knect moved to adopt Ordinance 923, Series of 1982, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Knecht, aye; COllins, aye; Mayor Edel, aye. Motion carried. Councilman Knecht moved to approve the use of a resale agreement for employee housing unit! that are purchased under the City Employee housing guildelines with the resale increase at 6 per cent; seconded by Councilman COllins. All in favor, motion carried. FOOD TAX REBATES OUTSIDE CITY LIMITS Finance Director Sheree Sonfield told Council that Betty Farson requested Council consider food tax rebates to residents outSide the city limits. Councilman Knecht asked the inception of food tax rebates. Ms. Sonfield told Council it was passed as part of the sales tax questions. Mayor Edel said he felt the people in the sixth and seventh penny city are still paying double taxes for the city and county. Mayor Edel said he did not see why county residents should get a food t.ax rebate. Ms. Sonfield said the finance departmer is going to repOrt to Council on the timing and handling of food tax rebates. CoUncilman Knecht said he disapproved the inclusion of non-city residents for food tax rebates. Council agreed. MALL EXPANSIONS - Red Onion Councilman Knecht moved to approve the expansion of the Red Onion into the mall; seconded by Councilman Collins. All in favor, motion carried, MALL EXP~SION - Takah Sushi City Clerk Koch told Council that since this outside expansion was not contiguous to the Takah Sushi premises, the state liquor inspector will approve it only if Takah Sushi can get exclusive contro~ for the passageway. Brad told Council they will get a lease for the space of the cafe and control of the passage. Casey Cummins, owner of Takah Sushi told Council they have verbal agreements from the shops surrounding this cafe. Councilman Knecht moved to approve the expansion of the liquor licensed premise into the designated area subject to CCLC approval of the fence and the state liquor authorities approval; seconded by Councilman Collins. All in favor, motion carried. CLEAN AIR ADVISORY BOARD APPOINTMENTS Councilman Knecht moved to appoi'nt Mimi Langenkamp and Suzanne Caskey to serve as members and Elizabeth Holekamp as an alternate; seconded by Councilman Collins. All in favor, mot carried. STATUS REPORT ON CASH MANAGEMENT - Postponed until May 24, 1982 REPORT ON EMPLOYEE COMMUNICATIONS PROGRAM - Postponed until May 24, 1982 ORDINANCE 915, SERIES OF 1982 - Budget Correction. Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Knecht moved to adopt Ordinance 915, Series of 1982, on second reading; seconde~ by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Mayor Edel, aye. Motion carried. ORDINANCE %16, SERIES OF 1982- Loma Alto AnneXation Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Regular Meeting Aspen City Council May 10, 1982 Councilman Collins moved to adopt Ordinance ~16, Series of 1982, on second reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Mayor Edel, aye. ORDINANCE ~17, SERIES OF 1982 - Water Rights/Loma Alto Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Knecht moved to adopt Ordinance ~17, Series of 1982, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, ay;e Knecht, aye; Mayor Edel, aye. Motion carried. ORDINANCE #18, SERIES OF 1982 Loma Alto Zoning Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Knecht moved to adopt Ordinance ~18, Series of 1982, on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Mayor Edel, aye. Motion carried. ORDINANCE #20, SERIES OF 1982 Street Vacation/Courthouse Mayor Edel opened the public hearing. Staff reported the description was incorrect as it would cut off access to the Bealmear property. Mayor Edel closed the public hearing. Councilman Collins moved to table this ordinance until May 24th; seconded by Councilman Knecht. All in favor, motion carried. CONSENT AGENDA Councilman Knecht moved to approve the consent agenda; seconded by Councilman Collins. These items are an encroachment agreement for the Patio Building; Special Event Permits for the Aspen Rugby Club and St. Mary's Church. All in favor, motion carried. Councilman Collins moved to adjourn at 9:55 p.m.; seconded by Councilman Knecht. All in favor, motion carried. Kathryn ~. Koch, City Clerk