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HomeMy WebLinkAboutminutes.council.19820809Regular Meeting Aspen City Council August 9, 1982 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the meeting to order with Councilmembers Collins and Knecht present and Commissioners Kinsley, Madsen and Child present. 1. Smuggler Area Improvements. Glenn Horn, planninq office, said the draft Smuggler Area Master plan recommends that the city and county address the need for various capital improvements including storm drainage, roads, water and sewer and sharing the (THERE IS NO PAGE 333S) R~ul~ ~g Aspen ~lty ~ouncll August c~sts ..... forithes~ 'fmp~ovements. Horn suggested a joint committee be formed to review the improvements needed in the area and a system for financing the improvements. This committee should be one member from each Board, the citF and c~unty engineers, Ron Mitchell, John :Eldert and a planning staff member. Commissioner Madsen suggested having two members from each Board as the improvements are fairly significant. Councilmembers Knect~and Collins algreed to serve from Council; Commissioners Kinsley and possible Madsen from the county. Pat Dobie, county engineer, told the Boards a Request for Proposal has been written but has not been mailed. This is for the drainage study and site work. Commissioner Kinsley asked how the progress was on a housing authority. Mayor Edel said Council had met with Harry Truscott who was to provide an analysis of various proposals for Council review. City Manager Chapman told the Boards he had met with housing director, Jim Hamilton, Curt Stewart, county manager, and went over a preliminary statement of responsibilities. The group is working on funding alternatives. The staff is 60 per cent of the way through what was requested. COUNCIL MEETING CITIZEN PARTICIPATION 1. Georgie Leighton told Council there have been some instances of animals in the city caught in leg hold traps. Ms. Leighton presented a model ordinance from another city to protect public safety and property to ban leg hold traps. Council said they would have staff prepare an ordinance to be presented to Council. 2. Robert Carroll of the M.A.A. asked what the recommendation from staff to Council regarding a locals golf pass for M.A.A. members was. City Manager Chapman said the staff discussed this and concluded there is no way to determine what the ~mpact of this program would be. Chapman said the history of the punch pass is that it is for people living here year round and is a benefit for residents of Aspen. Chapman said the staff sees the value of recognizing what the M.A.A. does for the city. The M.A.A. sends two season passes for city employees. Chapman suggested sending two season passes for the golf course and letting the administer it. Chapman said he did not feel it is a good idea to get into the practice of giving the local rates for seasonal people. Councilman Parry moved to add this item to the agenda; seconded by Councilman Knecht. All in favor, motion carried. 3. Drake Jacobs reminded Council they had discussed the Smith building two weeks ago and ommited official approval by Council of waiving the park dedication fees. Councilman Knecht moved to add this to the agenda; seconded by Councilwoman Michael. All in favor, motion carried. 4. Andrew Dracoupli, representing the developers of Park Place, told Council he has been marketing the four employee units in that building. Dracoupli said there are concerns about the marketing and about how private employee housing units should be handled. Council requested the staff address this and put it on the next agenda. 5. Ted Singelis, Pour la France, said they had requested tables on the sidewalk. Pour la France did this last year and it was met with enthusiasm from tourists and locals. Singelis told Council at the end of last summer they had received a letter stating they would not be allowed these tables on a recommendation from the CCLC. Singelis said there was no reason or explanation given. Singelis said Pour la France has attended several CCLC meetings with ~etitions with hundreds of signatures in support of the outside tables. The CCLC gave unanimous support. Singelis said they feels the outside tables are in keeping with AsDen's European flavor. Cit~ Manager Chapman told Council CCLC did take this under consideration. Council did discuss this and instructed Chapman to write a letter to Pour la France about Council's decision. Chapman said he wanted CCLC to be reminded they had discussed this with Council and had arrived at a mutual decision not to have tables. Councilwoman Michael said she remembered Council's vote, which was no tables. It seems the CCLC is changing their position, and it should be put on the agenda when a CCLC member can be present. Singelis told Council that CCLC's decision to allow tables on the sidewalk was unanimous. Councilwoman Michael moved to add this to the next regular Council meeting; seconded by Councilman Knecht. All in favor, motion carried. Councilman Parry pointed out if this waits until the next meeting, the summer season ~s over. The music fesitival and ballet are gone. Councilman Knecht moved to reconsider; seconded by Councilman Parry. All in favor, motion carried. Councilman Parry moved to add Pour la France to the agenda; seconded by Councilman Knecht. All in favor, motion carried. 6. Lefty Brinkman told Council he had a proposal to consider reinstating the summer figure skating school at the ice rink. Brinkman said he would head the school up for the city. Mayor Edel said this should be referred to the city manager and recreation director for a recommendation to Council. COUNCILMEMBER COMMENTS 1. Councilwoman Michael moved to place the M.A.A. donation on the agenda; seconded by Councilman Parry. All in favor, motion carried. ~egu±ar Meeting Aspen Clty Council August 9, 1982 2. Councilman Knecht asked what is the problem with the traffic lights. City Engineer McArthur told Council there was an internal problem inside the boxes and someone was working on them this afternoon. 3. Councilman Collins brought up the electric fixtures at Triangle park on Lake avenue. There is plywood with electric switching panel on it and meters located in the park rather than on private property. City Manager Chapman said he checked with Holy Cross, who has a power easement through Triangle park. Holy Cross, in owrking with the homeowners told them they could either put these on their houses or on poles, so they put them in the park. Councilman Collins said he felt these should be on private property as they look completely out of place in the park. Chapman said Holy Cross's position is that the homeowners would have to bear the cost of moving the meters. 4. Mayor Edel said he received a letter from Sterling Colgate with a request to get parking for Red Mountain for access to Hunter Creek. Mayor Edel read the petition. "We request that the County Commissioners of Pitkin County, the Mayor and Councilmen of Aspen, and the U. S. Forest Service obtain year round parking near the top of Red Mountain for access into Hunter Creek valley of the White River National Forest. Appropriate access to large public lands whose principal purposes is for recreationaland enjoyment is a public right." Councilman Parry said he would like to support this. City Manager Chapman told Council the county took bids to put in a roadway up to the parking lot. The city has been using access through Martin Siegel's property to the city water treatment plant. Siegel permits water department access but has cut off all other public access. Siegel has something going with the county and feels if he cannot get cooperation from the county, he will not provide access across his property. Chapman told Council the road the county will have to put in will require lowering some water lines, costing about $12,000. The county did not budget for this and asked Chapman if the city would be willing to stand the cost of lowering the water pipes, otherwise they do not have the funds to build that road. Councilman Parry moved to add this to the agenda; seconded by Councilwoman Michael. All in favor, motion carried. City Attorney Taddune presented Ordiannce ~41, Series of 1982, which implements the land exchange agreements between the city and county which passed by joint resolution in April There are several transactions in the agreements. The city and county are very close to closing the agreements, and Taddune requested this be added to the agenda. Councilman Parry moved to add Ordinance ~41, Series of 1982, to the agenda; seconded by Councilman Knecht. All in favor, motion carried. Jay Hammond, engineering department, told Council they went to bid in July on an under- grounding electric project in the Aspen Square area. The city received one bid from Sterge electric in Denver; their bid on a $30,000 project was $7,000 over the engineer's estimate. Hammond told Council the consulting engineer, Merrick, submitted a letter to Council stating that although the bid was high, it is appropriate and valid. Based on Merrick's letter and the recommendation of the electric superintendent, Stogie Maddalone, to do the work this summer, Hammond is asking Council approve the contract. Councilman Parry moved to add this to the agenda; seconded by Councilman Collins. All in favor, motion carried. 5. Mayor Edel commended parks director Jim Holland on the shape of the parks. Mayor Ede~ said Iselin park is in the best shape he has ever seen it. GOLF PASSES - M.A.A. City Manager Chapman told Council the staff recommends making a distinction between seasonal people and year round people by restricting the discounted pass to locals only. In recognition for the M.A.A. contribution of two season passes for city employees, Chapman suggested the city reciprocate and give two punch passes to the M.A.A. for the summer. Councilman Knecht moved to accept Chapman's recommendation and give the M.A.A. two punch passes for the summer; seconded by Councilwoman Michael. Ail in favor, motion carried. WAIVER OF PARK%DEDICATION FEES - Smith Building Drake Jacobs said at the last meeting Council discussed the Smith building, located on Hopkins streets and went over the items for that building. The waiver of the park dedication fees for the employee units did not end up in the motion. Jacobs told Council the units are all restricted to low income. Colette Penne, planning office, said there is no requirement for park dedication fees for commercial buildings. There is a provision in the Code that Council may waive the park dedication fees for deed restricted units. Chapman said Council's policy is to waive park dedication fees for low and moderate units. Chapman said the policy was that this was to be automatic. City Attorney Taddune said he would check this. SIDEWALK TABLES FOR P©UR LA FRANCE Mayor Edel said the report from the CCLC is that Pour la France be allowed a two week trial on sidewalk tables. After that, there will be a further examination or recommenda- tion. Councilwoman Michael said the previous policy was that restaurant extensions would only be allowed on the mall, mostly because the space is there. Ted Singelis, Pour la France, said he would like to work with the city to develop some parameters on how outdoor extensions could be judged. Singelis said he would like to help establish parameters for applications for this sort of businesses in Aspen. This is a positive thing for Aspen. ~egu±ar ~eetlng Aspen City Council August 9, 1982 Councilman Knecht moved to allow Pour la France a two week permit to use tables on the sidewalk, not to inhibit traffic; refer this back to CCLC for more of a permanent policy; the permit to be granted with the terms and conditions of the agreement last year; seconded by Councilman Parry. Tom Dunlop, environmental health department~ told Council his department had no specific objections to this extention. Singelis told Council they will not service liquor outside. Chapman said last fall when Council met with CCLC, the discussions were about sidewalk obstructions, sidewalk sales, events encroaching upon sidewalks. It was recommended at that time to permit no sidewalk events at all. This is how the letter to Pour la France telling them no tables came about. Singelis said he felt he could arrange the tables so there will be less obstruction on the sidewalk. All in favor, motion carried. REPORT ON MILL STREET FOUNTAIN FUND Kay Reid reminded Council she had offered to help save the Mill street fountain at one Council meeting. There are collection boxes at each bank. Ms. Reid was on Grassroots. Ms. Reid said this fund raising process is very slow and she doubted whether they would reach the goal of $10,000 to make the fountain a permanent part of~the Aspen scene. Ms. Reid said she felt this was an important tourist attraction and has attracted much photography. This fountain should be preserved. Ms. Reid said she would like input as to what to do to insure the continuation of the Mill sreet fountain. Drake Jacobs suggested collection boxes be placed in stores around the fountain. Mayor Edel said the Council is not going to let the fountain disappear. Mayor Edel said if Ms. Reid needs assistance from the city is putting out collection boxes, the city will help. Mayor Edel thanked Kay Reid for her efforts on behalf of the Mill street fountain. SMITH BUILDING City Attorney Taddune told Council whenever they determine that residential units consti- tute bona fide low or moderate employee unit, Council may exempt the development from the park dedication fees. Councilman Knecht moved to exempt the Smith building residentail units from the park dedication fees; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~33, SERIES OF 1982 - Sale of Castle Ridge City Attorney Taddune told Council his staff and the applicant have spent many hours trying to resolve all the issues. With respect to condominiumization, the applicant has agreed to give the city control over whether the project would be condominiumized. Ron Mitchell, assistant city manager, went through the agreement to point out changes. Mitchell said in the lease, if the applicant exercises t~e option to buy out the note, they have to pay the full value of the lease. Zaft said if the applicant wants to prepay a large sum of money, which the city would have the use of before the city's obligations came~due, he would like the opportunity to discuss the arrangement with Council. Mitchell pointed out the next change is the documentation which will be submitted at time of request for rent increases. The applicant has to submit Federal income tax reports and other accounting sheets. The city has the right to request any other financial back up. The staff felt requiring an audit was more of a financial burden. Mitchell said the next change deals with the situation of the soils information. Part of the requirements of the deal was that the city was to do inspections and tests to deter- mine if there were any problems with Castle Ridge. The soils report indicate there is some soil movement, which will require some corrective action by the city. This says the city has to take some corrective action up to $150,000. The city has the option to pick the solution and to warranty the work. If in future years, the applicant indicates there are still problems, the city picks the engineer and to determine ~the solution. Taddune said the city is reserving their rights to bring legal action against whomever they feel is responsible. Mayor Edel announced this is a continuation of the public hearing. Harry Truscott told Council the contract should insure that the project continues'~as moderate income housing. City Manager Chapman told Council he had met with Truscott and agreed that Truscott's proposal to simply deed restrict at the moderate level is the simplest way to accomplish this. However, there are as many uncertainties under Truscott's proposal as their are under the city's proposal. Chapman said with this type of project, the staff wants to make sure there is no disinvestment; it is purely an employee housing program. Chapman said no one should be in the position that in order to make a positive cash flow, the owner would not make capital improvements required to keep the project in shape. This is a possibility with a flat deed restriction. Chapman said he preferred the predictability of a 6.4 per cent increase. Chapman pointed out in the past, employee housing guidelines have gone up at a greater rate than 6.4 per cent. Chapman said the operation of the market place will help if 6.4 per cent proves to be ahead of the moderatel income guidelines~ Zaft said his main concern is that increased in expenses be covered plus the amortization payments to the city increase because of the nature of the city's bond. The city's bond payments are not level; consequently, in order to meet these payments, the applicant has to be certain of a cash flow. Zaft pointed out if the operation expenses drop below those projected, the rent increase may be less than 6.4 per cent. Chapman told Council if theiri expenses go up higher than projected in the attachment, the applicant is permitted to recover, dollar for dollar. The increases have to be on verified expenditures. Regular Meeting Aspen ul~y uouncl± august Mayor Edel stated the applicant may come to Council for a 6.4 per cent increase; they are allowed the amount of dollars over the 10 per cent prorated. The applicant may ask for more percentage increase, and the Council may turn the applicant down. Chapman pointed out if the city cannot supply qualified rentors, the applicant may rent to non-qualified persons at the moderate guidelines. Zaft said this projec~ is geared to cover its expenses and the mortgage payments. If the expenses go up, the applicant won't have any choice but to raise rents. Zaft said the operating expenses are common area lightin, real estates taxes, water, sanitation, snow removal, maintenace of the grounds, repairs. There is a clause the applicant cannot put in amenities and charge these to the tenants. Mitchell pointed out a change that the buyer recognizes the Marolt project. The non-compete only addresses when the city is the owner-operator of an employee housing project. There is a change dealing with condominiumization, which indicates the buyer recognizes the Council's ability to place conditions on condominiumization. Mayor Edel closed the public hearing. Councilwoman Michael moved to adopt Ordinance ~33, Series of 1982, and approve the agree- ment of the purchase and sale of Castle Ridge, subject to documents being approved as to form by the city attorney and city manager to complete the transaction; seconded by Councilman Parry. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Michael, aye; Collins, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~38, SERIES OF 1982 - Zoning Nonconforming Lodges Alan Richman, planning office, told Council P & Z is unanimous in support of this choice of alternatives for the L-3 zone. An L-3 zone will be created to which the lodges will be rezoned. The purpose of this district is to make these 28 non-conforming lodges as conforming. A limited expansion is allowed; limited because these lodges fall in resi- dential zone districts where sizes of buildings is sensitive. Richman said for permitted uses, the uses typically found in these types lodges were listed. The planning office has. included dining type facilities serving guests of the lodge. Restaurants serving the tourist trade is a conditional use. Richman told Council section 3 of the ordinance establishes area and bulk requirements. The planning office tried to use other zone districts. The heighth chosen by P & Z is 25 feet, which is the same as O, office and R/MF. Mayor Edel asked why the heighth was 25 instead of 28 feet like L-1 and L-2. Sunny Vann, planning director, told Council these lodges are in R/MF zones where the height limitation has just been lowered to 25 feet. Vann said these area and bulk requirements are mainly for those cases where some applicant might completely demolish and rebuild his lodge. Richman pointed out there is a special review in the FAR section. If an applicant wanted to acheive an expansion beyond the FAR, they could apply to P & Z under a special review. One of the criteria is compatibility with the surrounding uses. Richman pointed out that section 4 is an existing section of the code for special review for area and bulk requirements. Councilwoman Michael said she felt some of the criteria were onerous and too many. Richman agreed perhaps criterion 3 through 6 may not be needed. Mayor Edel said if the Council wants to help non-conforming lodges and they are allowed to go up to a 1:1 FAR, why put in the extra step of special review. Councilman Knecht pointed out these lodges are in residential nei?hborhoods and he would like to see a review for this. Councilman Collins said these review cr±terla are meaningless. There are too many special reviews now. Councilman Collins said he does now know if they are very effective. Councilman Collins said what is important is to give the people in the neighborhood an idea of what will be happening. Councilwoman Michael suggested leavining (a) (1) which gives the P & Z The ability to hear from the neighborhood on compatibility, area and bulk requirements, visual impacts, etc. and drop all the others. Council agreed. Richman told Council section 5 sets maximum density, is making the code consistent and does not apply to lodges. Section 6 sets the parking size the same for all zone districts. Previously there was one size for some zones and another size for other zones. Richman told Council section 7 is the park- ing requirements, which is one space per bedroom. Some people have suggested this may be excessive. There is data available to study and Richman may recommend a change. This applies to new rooms only. Richman told Council that section 8 (a) is the existing lodge preservation language as not everyone may want to accept the L-3 zone. This still provides mechanism for upgrading. Section 8 (b) deals with the structures in this zone district which are from one end of the spectrum in sizes and shapes to the other. They vary in hei~hth, setbacks, etc. Section (b) provides a mechanism that if the structures penetrate into any of the area and bulk requirements, it will not stop someone from expanding. The ~one exception is if the structure exceeds the 1:1 FAR. Councilman Parry questioned the 50 per cent limitation on expansion. Richman said if a lodge is doing a total demolition and reconstruction, the city would like to see them become conforming. Richman said once this ordinance is passed, how does Council want to proceed with the rezoning. There are some alternatives. One ~s to ask the 28 individual lodge owners to be rezoned on a case by case basis. The second is for Council to ask staff to undertake the rezoning as a class action, and have the staff perform the legal work and the action. The third alternative is a combination; the city initiates the class action but the lodge owners do ~the work. Councilwoman Michael suggested inviting the lodge owners to the public hearing after having been asked what they want to do. Councilwoman Michael moved to read Ordinance ~38, Series of 1982; seconded by Councilman Parry. All in favor, moslon carried. ORDINANCE ~38 (Series of 1982) AN ORDINANCE AMENDING SECTION OF THE ASPEN MUNICIPAL CODE TO CREATE AN L-3 ZONE DISTRICT FOR THE PURPOSE OF ZONING EXISTING LODGES TO USE IN ASPEN was read by the city clerk Councilman Parry moved to adopt Ordinance #38, Series of 1982, on first reading; seconded by Councilman Knecht. Councilman Collins asked on a limited expansion how many more units could be built. Richman told Council he had not run that number but could be second reading. Councilman Collins said he felt it was important for the overall master plan to know how many this could generate. Richman pointed out if people add units, there will be growth management review for these units. Richman told Council the planning office identified 28 lodges which responded to the short term inventory. There are 2 or 3 which may or may not fit into this category because at this point they are long term residential. These are the Agate, Holiday House, The Pines. Vann told Council the planning office feels if an owner has converted his facility to long term housing, it is no longer part of the short term accommodations report. Councilman Collins said that the lodges should not be picked on a selective basis; this rezoning should be extended to all lodges. Richman told Council he would contact these lodges before second reading. Councilwoman Michael, aye; Parry, aye; Collins, nay; Knecht, aye; Mayor Edel, aye. Motion carried. MALL BRIDGE RECONSTRUCTION Jim Holland, parks director, told Council there is some question as to what projects should be charged to the occupation tax from CCLC. The CCLC wants to do some lighting which should come out of the electric fund rather than the CCLC budget. The CCLC made a list of projects they wanted done this year; there was no budget for the entire project. The CCLC has $6500 and can pay for half the project. Holland requested the other $6500 from the mall fund. Finance Director Sheree Sonfield told Council they have already approved about $29,000 for Rubey park and $1,000 for matching flower fund. The CCLC has a $45,000 budget based on half of the occupation tax monies. Out of the remaining budget, the CCLC ~s consider- ing $4,000 for Mill street station antique lights; $13,000 for mall stream bridges and a maximum of $10,000 for the fountain on the Mill street mall, and $4500 for Gage Davis. Holland told Council there are 13 bridges in the mall and the reconstruction ~s $1,000 a piece. Holland said the bridges look terrible, they are not wide enough. Holland has problems with the bridges in snow removal. These bridaes will be 8 feet wide and made out of mall bricks and will not be obtrusive. Councilman Knecht moved to approve the mall bridges; as far as funding, leave it up to City Manager Chapman; seconded by Councilman Collins. All in favor, motion carried. Council indicated they were concerned about the size of the bridges. LIQUOR LICENSE TRANSFER - Andre's Mayor Edel said Council must consider the character of applicants receiving liquor license and there ~s an indicate of a felony conviction. City Attorney Taddune told Council the police department is in the process of continuing the investigation into the back ground of the applicant. This investigation is not complete. Terry Quirk, police department, told Council the investigation will take a maximum of two more weeks. Councilwoman Michael moved to table this item for two weeks; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #39, SERIES OF 1982 - Eagle's Nest Rezoning to RBO Cotette Penne, planning office, told Council this is an already built structure and the applicant wishes to rezone to RBO in order to build two employee units within the building. This duplex as existing is non-conforming; if it is rezoned to RBO, it will be conforming. Changing the structure from duplex to multi-family changes the parking requirements. There are two garages for a total of six spaces. Changing to a multi-family designation requires six parking spaces, but they cannot be stacked parking. Ms. Penne told Council all the landscaping is complete. In order to provide six spaces, there will be no yard and the grass would have to be torn up. Ms. Penne told Council she did a site visit and the employee units are very attractive. Ms. Penne suggested changing the condominium documents so that any subsequent buyer of the unit desires parking, the applicant commits to provide them. There is a parking problem in the neighborhood with on street parking. However, it is reasonable to exempt the employee un~ts from the parking requirements because of their location. Councilman Parry said he would prefer keeping the landscpaing and not having the parking. Mayor Edel asked why these units were moderate rather than low income. Ms. Penne said these were referred to the housing director and that is his recommendation based on their size. Ms. Penne said the applicant has indicated he will keep these units as rental units. Councilman Knecht said he preferred to keep the green space, too. Councilman Parry moved to read Ordinance ~39, Series of 1982, and to exempt the two proposed employee rental units from the growth management plan and deed restricting them to the moderate income category under the following conditions; (1) that the applicant provide four additional offstreet parking spaces, (2) that the applicant obtain an -~ encroachment license for the existing encroachment into the Garmisch street right-of-way, (3) that the applicant execute the statement of subdivision exception and the declaration of covenants, restructions and conditions through the city attorney's office; (4) that the applicant meet the requirements for occupancy of the units as indicated by the building department in the memo dated April 29, 1982; seconded by Councilwoman Michael. Councilman Collins asked what happened at the public hearing. Ms. Penne said the neighborhood people requested that the P & Z require the additional parking spaces. Mayor Edel said he had serious objections to giving an added bonus and not getting low income housing. If Council is going to give this bonus and exempt the parking, the city should get low income units. Councilman Knecht pointed out the P & Z required four additional off street parking spaces, and he would have to go along with P & Z. The neighborhood people recommended it. ~eguiar lviee~lng aspen ~l~y ~ouncl± August John Kelly, representing the applicant, told Council there are six spaces there now. Mr. Green will put in the condominium declarations that if parking becomes a problem, he will build it. Council decided they wanted to look at the situation. Councilman Knecht moved to table this item for a site visit; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE ~40, SERIES OF 1982 - Smuggler Mobile Home Park; Subdivision exception for Parcel C and amendment to SPA plan Colett~ Penne, planning office, told Council this addresses parcel C as it was filed at the conclusion of the process for Smuggler Trailer park. The applicant would like to amend their application such that there will not be cooperative ownership of land but rather individual lots. This arrangement makes lending institutions more comfortable. Ms. Penne told Council that FNMA requires that mobile homes be fixed to a foundation. P & Z required that the documents be approved by the city attorney so that ~hey can be coordinated with parcel A and insure cooperation between parcel A and parcel C and that the maintenance be kept up. Councilman Parry moved to approve subdivision exception and t~.~ead Ordinance ~40, Series of 1982, to form 17 fee simple lots in parcel C of the Smuggler Mobile Home park subdivi- sion with the conditions; (1) the three concerns in the eingeering department's memo be mitigated; (2) all lots created must comply with the mobile home code area and bulk requirements; (3) approval of the documents for parcel C's homeowners association and all documents pertaining thereto by the City attorney to insure cooperation with respect to maintenance, etc., between the new homeowner's association for parcel C and the existing Smuggler Mobile homeowner's association; seconed by Councilwoman Michael. All in favor, motion carried. ORDINANCE ~40 (Series of 1982) AN ORDINANCE AMENDING THE SPA PLAN ADOPTED FOR THE SMUGGLER MOBILE HOME PARK THROUGH ORDINANCE NO. 1 (SERIES OF 1982) TO CHANGE THE OWNERSHIP IN PARCEL C FROM COOPERATIVE OWNERSHIP TO FEE SIMPLE OWNERSHIP FOR EACH LOT was read by the city clerk Councilman Parry moved to adopt Ordinance ~40, Series of 1982, on first reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Collins, nay; Michael, aye; Knecht, nay; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE #35, SERIES OF 1982 - Authorizing Loans Councilman Parry moved to adopt Ordinance #35, Series of 1982, on second reading; seconded by Councilwoman Michael. Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Collins said if the Council sets a policy of providing low interest mortgages to some "key" employees, it should be available to all employees as a matter of policy. Councilman Collins said he felt it was very selective to provide this for two employees. Mayor Edel agreed and said he wished the city were in a position to set up a funding mechanism at the banks for lending money to employees. City Manager Chapman pointed out that neither of these people qualify for rental housing because their salaries are too high. The state of Colorado does make available low interest rates through mortgage revenues bonds; however, the restrictions are very, very tight. City Manager Chapman told Council the city's management people do not qualify under the guidelines for employee housing in this community because of salaries. These two employees are probably more disenfranchised in this community than any other group. City Attorney Taddune said this is an unique situation as there is an employer interest in ~hese employees taking advan- tage of these loans. The city also have a property interest in terms of first right of refusal. This should not be compaired to mortgage revenue bonds as the city of Aspen has a vested interest. Councilman Knecht said he felt this is sstting a precedent and it is unfair to use taxpayer's money to guarantee employees loans. Roll call vote; Councilmembers Parry, aye; Knecht, nay; Michael, aye; Collins, nay; Mayor Edel, aye. Motion carried. ORDINANCE #36, SERIES OF 1982 - Authorizing Borrowing Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilwoman Michael moved to adopt Ordinance ~36, Series of 1982, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Collins, nay; Michael, aye; Knecht, nay; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~37, SERIES OF 1982 - Amending Article VI Section 2-82(c) Mayor Edel said this ordinance allows a city employee to run for office without taking a leave of absence while running for office. City Attorney Taddune read his change for the ordinance, "However, upon request of the employee, the City Council in its sole discretion may waive or suspend the requirement that an employee take a leave of absence without pay upon a finding that such action would be consistent the provision of this Article". Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Knecht moved to adopt Ordinance #37, Series of 1982, as amended on second reading; seconded by Councilman Parry. Councilwoman Michael said she did not object to this ordinance on a case by case basis; however, to specifically allow the police chief to run for sheriff in this ordinance causes problems. Mayor Edel said the chief of police has said this will be a consolidation issue and an issue of elected versus appointed sheriff. These are issues that the voters should i vote on specifically rather than on personalities. Mayor Edel said the chief of police has told him there is an agreement that if he gets elected sheriff, he will take a year leave of absence from chief of police. During that time, he will formulate a consolidation policy. At the end of the year, McClUng will chose either to be sheriff or chief of police. Mayor Edel said he did not think that is very fair to the voters of Pitkin County. Councilman Collins said he thought this ordinance was to be a general statement of permit- ting city employees to campaign and run for office. Now this ordinance is addressed specifically to Rob McClung. Taddune said he thought Council wanted it this way. Taddune the the two issues can be broken apart and the provision dealing with McClung can be deleted. Council requested that the two issues be separated so that Council is not endor- sing a candidate specifically. CouncilWoman Michael said she has no problem voting for an ordinance which would allow a city emplOyee to run for the school board or hospital board. Councilman Knecht withdrew his motion as he would like this in two separate motions. Councilman Knecht moved to adopt Ordinance #37, Series of 1982, as amended, deleting the language referring to Rob McClung in the tital, in the whereas clause and section 4 of the ordinance; seconded by Councilman Parry, Mayor Edel said this is now a generic ordinance, allowing an employee to apply to CounCil to run for office and not take a leave of absence. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Michael, aye; Collins, aye; Mayor Edel, aye. Motion carried. Councilman Knecht moved to add to the agenda Rob McClung's application tO run for office; seconded by Councilman Parry. All in favor, motion carried. Councilman Knecht moved the Council waive the requirement that Rob McClung take a leave of absence without pay while running for Pitkin County Sheriff in November 1982, consistent with the purposes of Article 6 and in the best interest of the City of Aspen; seconded by Councilman Parry. Councilmembers Collins, Parry and Knecht in favor; Councilwoman Michael and Mayor Edel opposed. Motion carried. WATER EXTENSION TO LOT B, SPAROVIC SUBDIVISION Gary Esary, assistant city attorney, told Council the Timroths have requested water extension for a house in Mountain Valley subdivision. Jim Markatunas, water superinten- dent, commented that the city does have water and can supply this extension. The Timroths have given the city a deed for water rights attached to the property. Councilman Parry moved to approve the water extension to Lot B, Sparovic subdivision; seconded by CounCilman Collins. Leonard Oates, representing the applicant, told Council this service will come out of the Mountain Valley subdivision. Easements have been procured. Esary said this extension will be at the expense of the application. All in favor, motion carried. RUBEY PARK VISITORS CENTER - Informational Report Monroe Summers presented the architect, Bruce Sullivan, and the conceptual plan for the Rubey Park development plan. Summers told Council this proposal will have to go to a vote of the electorate and the deVelOpment plan will have to compete under growth management plan. There will have to be a rezoning of the parcel to SPA to accommodate what is anticipated there. Summers presented a map of Rubey Park the way it is and the proposed development plan. The malls will be extended to Durant street on Mill and Galena. The dispatching of buses will be more efficient; there won't be buses sitting around and waiting. Summers said this Plan will soften the impact of the buses at Rubey Park Summers pointed out where the Snowmass and Buttermilk buses would be staged; Highlands will stay in the same place. Summers suggested a place could be made available for Trailways buses. The building itself will be two stories built on three levels with a garden level. The top of the building will only be as high as the light poles in the mall. The building was designed to try to eliminate the perception of the bulk. The design came up with traffic flow patterns that work best. Sullivan presented the conceptual plans to the Council and told them the building covers about 28 per cent of the property and the building is 13;700 square feet on all different levels. The design tries to get the traffic circulation going efficiently and not mess up the pedestrian experience. The visitor's centers has good access, and the plan brings the parks as close to the building as possible. Summers explained that Hodge-Oliver still has the first right of refusal and this is their plan in conjunction with the city. Summers told Council this building would include a visitors information center; there would be restrooms, space for trailsways to operate. On the mezzanine, there could be uses shoud as seasonal recreational uses. In the winter the ski companies could give out their information, ticketing, Cross country and ski mobiling companies could operate out of their. In the summer, this space could be used by M.A.A. Ballet, and recreational activities could do ticketing and information. A coffee shopp associated with the center could be located in the building. Summers suggested in the lower level could be bus operations, drivers' lounge, lockers and ski storage area. This is where the accessory commercial space would be located which will be competing under growth management this fall. Summers said this uses would be accessory to the visitors information center. City Attorney Taddune told Council the original purchase agreement with Hodge-Oliver gave them a 60 day period to exercise a rlght of first refusal i~ the City proposed any commercial developmen~ on Rubey Park. Taddune discussed this with Hodge-Oliver's attorney and recommends the city continue negotiations. If the negotiations fall apart, then 60 days from then the right of first refusal should be exercised. Summers explained the conceptual proposal is that the city would own the property; give Hodge-Oliver a long term lease. Hodge-Oliver would build the building. The city will then lease back the space needed for public use; Hodge-Oliver would get the money from leases from the coffee shop and commercial areas. This ~s a very loose plan. Council said they had no ma3or problems with the way the program ~s proceeding. ENERGY CONSERVATION DEVICES Sheree Sonfield, finance director, reminded Council in March they approved an expenditure of $5600 toward water conservation devices contingent upon the sanitation district parti- cipating 50 per cent. The sanitation district then said they did not want to participate. Based upon indications that the expenditures would only be around $3,000, the city went ahead with the program. Mayor Edel said that the value of the conservation devices has been proven. Councilwoman Michael said after she installed these water conservation devices, her water consumption went from 1200 gallons to around 700 gallons and the water pressure was not affected. Councilman Knecht mowed to authorize the finance department to reimburse the Roaring Fork Energy Center for 100 per cent of the costs of the water conservation devices, up to $5600; seconded by Councilman Collins. All in favor, motion carried. Ms. Sonfield reminded Council they had asked staff to look at supplying foam gaskets to the electric customers. Ms. Sonfield said to give each reeidential customer one packet and each commercial customer two packets, the program could be done for $3,000. Council- man Knecht asked if this money would come from the electric fund. City Manager Chapman said yes. Councilman Knecht moved to authorize the Roaring Fork Energy Center to purchase and distribute wall outlet foam gaskets with volunteer installations, or to charge the custo- mers for installations if no volunteers are available, at cost to the city of up to $3000; seconded by Councilman Collins. All in favor, motion carried. MONTHLY ACCOUNTS PAYABLE REVIEW Finance Director Sheree Sonfield told Council the Charter says the Council should receive monthly budget reports. In the past, the staff has given Council accounts payable, which is not the best monthly budget report. The staff has initiated quarterly reports, which are much more comprehensive. The accounts payable could be discontinued and substitute the quarterly financial statements. The assistant city attorney, Gary Esary, has advised that the Charter says "budgetary information as may be required by Council". The staff is recommending the quarterly financial statements. Councilman Knecht moved that in accordance with the City of Aspen Charter section 9.13(c) to require staff to provide Council a quarterly financial performance report that includes, at a minimum, all variable actual revenues and expenditures, as compared to anticipated revenues and expenditures for the same period; seconded by Councilman Parry. All in favor, motion carried. ANN FREERS' HOUSING SALE Ron Mitchell, assistant city manager, told Council that Ann Freers has given notice she will be vacating the unit on Cemetery Lane. The city has until August 30th to exercise the option on the unit. Mitchell told Council the staff has been reviewing Ms. Freers' cost certificate and has given notice to city employees and school district employees to see if there is any interest in the unit. There are prospects from three employees in the planning department indicating they have financing to put a down payment and to qualify for financing. Mitchell told Council he has talked to the school district, who has indicated interest but have not taken an official action. Staff is asking Council for a direction o~who should be eligible for the units. Also, there is $1075 worth of working that was finished after the cost certificate, and staff needs to know how to handle that. Dennis Sholl expressed to Council appreciation given the school district. Sholl said he is expressing the interest of the board in two possible forms; one is for the super- intendent of school; the second is the school district purchasing the units for their personnel. Sholl told Council they will start screening applicants for superintendent in a week and may have a new superintendent hired by fall. They may also hire an interim superintendent. Sholl said Aspen School District employees represents disenfranchised management personnel. Sholl said the timing is unfortunate as the school Board's next meeting is next week, a~ which time they may or may not come to a conclusion as to the unit. Mayor Edel said the city cannot let the house just sit there. Mayor Edel said he was willing for the school district to purchase the unit, but the city cannot wait until they hire a new superintendent. City Manager Chapman said the city could rent it a~ the carrying costs on an interim basis. Mayor Edel said he did not think the purpose of this unit was for rental purposes. Mayor Edel said he would like to see the school board purchase this units and resolve a long term problem. Councilman Knecht said he would rather see the school board purchase the unit. Mitchel told Council the tentative cost right now is $132,075 appreciating at S22 a day. ~egu±ar Meeting Aspen City Council August 9, 1982 Councilman Parry suggested giving the school board more information so that they can decide at the August 16 meeting and Council can decide at the August 23rd meeting. Bil Dunaway said it is inconceivable that the city, who owns the land and built the project, would even consider letting another agency have it. Mayor Edel said a lot of people think the school is as important as running the city. Council decided to wait on their decision until the school board has a chance to meet and make a decision. Councilwoman Michael continued this meeting until Tuesday, August 17, at noon; seconded by Councilman Knecht. All in favor, motion carried. BOARD AND COMMISSION APPOINTMENTS Councilwoman Michael moved to appoint Pat Fallin as a regular P & Z member; seconded by Councilman Collins. All in favor, motion carried. Councilwoman Michael moved to reappoint Charlie Paterson to the Board of Adjustment; seconded by Councilman Collins. All in favor, motion carried. MA.A. DONATION Mayor Edel pointed out there is a fund raising drive for the M.A.A. on August 23rd with a concert by John Denver. Tickets are selling for $200 and corporate membership for $2500. The corporate membership also gives one five tickets. Mayor Edel there is a good way for Council to say they believe in the M.A.A. and also to support them. Mayor Edel suggested the city buy two corporate membership for $5,000. This will give the city 10 tickets, which the city will raffle off at S1.00 per ticket. This money will also be donated to the M.A.A. Councilman Knecht moved to approve $5,000 for two corporate membership in M.A.A.: seconded by Councilman Parry. Councilman Collins said two weeks ago, ~he Council was asked for $6,000 for a children's festival and was told there was no money. Councilman Collins said this seems slightly inconsistent. Mayor Edel pointed out the $6,000 was to come out of the CCLC fund, which Council thought was inconsistent. Mayor Edel agreed there is some inconsistency but would like Council to back the MoA.A. as they are very important to Aspen. All in favor, motion carried. HUNTER CREEK PARKING LOT Councilman Parry said he supports this parking lot. City Manaqer Chapman pointed out the only way this will get done is for the city to come up with a $12,000 contribution. Mayor Edel asked for a report from the staff on exactly where the parking lot will be. ORDINANCE #41, SERIES OF 1982 - Land Trade with the Cou~ Councilman Parry moved to read Ordinance 941, Series of 1982; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE #41 (Series of 1982) AN ORDINANCE IMPLEMENTING THE TERMS OF THAT LAND EXCHANGE AGREEMENT BETWEEN THE CITY OF ASPEN ("CITY") AND THE BOARD OF COUNTY COMMISSIONERS ("COUNTY") DATED APRIL 12, 1982, BY AUTHORIZING AND DIRECTING: (1) CONVEYANCE TO THE COUNTY BY GENERAL WARRANTY DEED OF THAT PARCEL OF LAND REFERRED TO IN THE AGREEMENT AND COMMONLY KNOWN AS THE "JAIL PROPERTY", AND DETERMINING THAT SAID CONVEYANCE IS EXEMPT FROM THE DEFINITION OF SUBDIVISION; (2) ACCEPTANCE OF A CONVEYANCE BY GENERAL WARRANTY DEED FROM THE COUNTY OF THAT PROPERTY REFERRED TO IN THE AGREEMENT AND COMMONLY KNOWN AS THE "ODEN PROPERTY" UPON MAKING PAYMENT TO THE COUNTY OF ALL MONIES PAID BY THE COUNTY AND ASSUMING ALL OBLIGATIONS, RESPONSIBILITY AND RIGHTS OF THE COUNTY ARISING UNDER AND BY REASON OF THE TERMS AND CONDITIONS OF A PROMISSORY NOTE IN THE PRINCIPAL AMOUNT OF $190,000.00 PAYABLE TO THE ORDER OF ROBERT R. ODEN, M.D. AND NANCY C. ODEN AND THE NOTE AND DEED OF TRUST SECUDING SAID NOTE, SAID CONVEYANCE CONTAINING A REVERSION IN THE EVENT THAT A PERFORMING ARTS CENTER IS NOT CONSTRUCTED BY APRIL 12, 1992, AND REIMBURSEMENT BY THE COUNTY OF ALL MONIES PAID BY THE CITY PURSUANT TO THE PROMISSORY NOTE; (3) ACCEPTANCE OF A CONVENANCY FROM THE COUNTY BY SPECIAL WARRANTY DEED OF THAT PROPERTY REFERRED TO IN THE AGREEMENT AND COMMONLY KNOWN AS THE "STABLE PROPERTY" AN APPROXIMATELY 13,000 SQUARE FOOT PARCEL WEST OF THE COURHOUSE, WITH A REVERSION IN THE EVENT THAT A PERFORMING ARTS CENTER IS NOT CONSTRUCTED BY APRIL 12, 1992; (4) ACCEPTANCE OF A CONVEYANCE FROM THE COUNTY BY SPECIAL WARRANTY DEED OF A TRIANGULAR PORTION OF REAL PROPERTY, FORMERLY A PORTION OF BLEEKER STREET, LYING NORTHERLY OF LOTS F, G, H AND I, BLOCK 86, CITY AND TOWNSITE OF ASPEN, WITH A REVERSION IN THE EVENT THAT A PERFORMING ARTS CENTER IS NOT CONSTRUCTED BY APRIL 12, 1992: (5) ACCEPTANCE OF A CONVEYANCE FROM THE COUNTY BY GENERAL WARRANTY DEED OF THAT LAND REFERRED TO IN THE I~AND EXCHANGE AGREEMENT AND COMMONLY KNOWN AS THE "ASPEN ONE PROPERTY", AN APPROXIMATELY 40,000 SQUARE FOOT PARCEL DESCRIBED IN A DECREE OF RECORD AT BOOK 318, PAGE 429 OF THE RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER; AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE AFORESAID TRANSACTIONS, PROVIDED SAID DOCUMENTS ARE APPROVED AS TO FORM BY THE CITY ATTORNEY was read by the city clerk Regular Meeting Aspen City Councl£ Augus~ Councilman Parry moved to adopt Ordinance ~41, Series of 1982, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Collins, ay;e Knecht, aye; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. ENGINEERING/ELECTRIC CONTRACT Jay Hammond, engineering department, explained the city has a construction contract for Aspen Square capital improvements running through the alley. Stogie Maddalone needs to replace some electricity. The engineering department went to contract with Merrick to prepare the necessary documents. The city received one bid at $37,000; the engineer's estimate was $30,000. Hammond said that Merrick feels the S37,000 bid is appropriate and that the electric superintendent, Stogie Maddalone, feels the job is critical and should be done as soon as possible. Hammond said the staff is recommending Council accept and sign the contract. Councilman Parry moved to approve the contract with Sterge election for Aspen Square cable replacements; seconded by Councilman Collins. All in favor, motion carried. CONSENT AGENDA Councilman Parry moved to approve the consent agenda; seconded by Councilman Knecht. The consent agenda is (1) Special event permits St. Mary's Church; Aspen Center for Visual Arts; (2) Liquor License Renewal - Magnifico Liquors. All in favor, motion carried. Council continued this meeting to August 17, Tuesday, at noon. Council left Chambers at 10:30 p.m. Continued Meeting Aspen City Council August 17, 1982 Mayor Edel called the continued meeting to order at 12:10 p.m. with Councilmembers Michael, Parry, Knecht, and Collins present. Mayor Edel said the purpose of this meeting is the disposition of Ann Freers house. The school board has had a meeting relative to purchasing the house, as well as the city employees, Colette Penne, Alice Davis, and Glenn Horn who are interested in purchasing it will make a presentation. Bob George, representing %he school board, told Council they met and voted to pursure purchasing the house not to exceed $135,000. The school district would like to purchase the house. Assistant City Manager Ron Mitchell pointed out there is S1075 costs in question that Council needs to act upon. Also, depending when the closing is, the house appreciates at $22 a day. George told Council the primary purpose of purchasing the house would be to house the superintendent of schools. City Manager Chapman said the city will exercise their option and buy the house from Ms. Freers and then enter into an agreement with the school board. Chapman said the city will not want to assume any carrying costs. Mayor Edel said the city wants to maintain control so if there is no superintendent of schools, the city will have the right to control the house. George said this could be handled in different ways. The school district could purchase the house with a reconvey- ance if the superintendent was not able to go into the house. Or the school district could purchase the house and keep it as long as it housed school district employees. Chapman suggested the Board could rent the house from the city until they find out whether the superintendent can occupy the house. Chapman said the city does not want to put any additional money into the house. George said one of the concerns of the Board is what happens to the cost of that house. George said he did not feel that th school district or city can hire pecple commensurate with the debt service on the house. The school board's intention would be to own the house and rent it. Chapman said the city has a right of first refusal as well as an option and suggested whoever owns the house, the agreement be with the city. Chapman said with the city should avoid is if the city sells the house to the school board, they would not have the right to sell that house to another party. Councilman Parry said the primary reason those four units are out there is to take care of the city employee's problems. Councilman Parry said these units should be kept for city employees. Chapman pointed out the way the agreement is structured is the city has the right of first refusal plus an option exercisable whenever the city wants it. Chapman said he would recommend keeping that concept in place. Colette Penne said what should be considered is the intent of the units the city built. The intent of this unit is to be an ownership unit not a rental unit. MS. Penne said there are three city employees who want to buy this unit right now. Councilman Knecht moved to sell the house to the school board and let the staff work out the details and that the city keep control of the house and that the school board use it for their upper management; seconded by Councilman Collins. Councilwoman Michael said her intent was to build employee housing for city employees and would like this house back for city employees. Councilman Collins said he thought the city had an arrangement with the school board to set this up as employee housing for them. This arrangement should be in force; this is not the time to change the agreement. Councilman Collins said the Council should set some guidelines as to rental policy. Mayor Edel said if the superintendent is not going to live in this house, he feels strongly the house should go to "key" city employees. However, Mayor Edel pointed out the city did have a quasi-agreement with the school board that this should house the superintendent. Mayor Edel said this house should only go to the superintendent of schools, not a secondary employae. Dennis Sholl said at the school board meeting, it was the understanding that the school district would buy the house and rent it to the superintendent. Mayor Edel said as long as the superintendent lives in the house, however they treat it is fine. 3347i Continued Meeting Aspen City Council August 17, 1982 Bob George said the sense of the Board is that the school district will buy the house and rent it to the superintendent of schools. If the superintendent does not take the house, the city will exercise their option. Councilman Knecht amended his motion that the house be for the superintendent of schools; seconded by Councilman Collins. George said he would have to take this to the school board for their thoughts on limiting the house to the superintendent of schools. Bob George said the school board can respond by 5 p.m. Friday. Councilmembers Collins, Knecht and Mayor Edel in favor; Councilmembers Parry and Michael opposed. Motion carried. Ron Mitchell told Council the way the agreement was is that if there are any improvements after the c/o, the Council has to approve thoses. The c/o was issued and according to the cost certificate there are about $1072.35 worth of impovements put in subsequent to the c/o. Ms. Freers is requesting that these improvements be approved. Councilwoman Michael moved to approve reimbursement of improvements at 717 Cemetery Lane in the amount of $1072.35; seconded by Councilman Parry. All in favor, motion carried. Councilman Parry moved to adjourn at 12:55 p.m.; seconded by Councilwoman Michael. All in favor, motion carried. Kathry~/ S. Koch, City Clerk