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HomeMy WebLinkAboutminutes.council.19830328Regular Meeting Aspen City Council March 28, 1983 JOINT MEETING WITH COUNTY COMMISSIONERS The meeting was called to order with Commissioners Madsen, Klanderud, Kinsley and Child and Councilmembers Michael, Parry, Knecht and Collins. 1. Transportation Consolidation - Ballot Issues. County Manager Curt Stewart introduced two resolutions concerning the special county election set for May 3, 1983. One will establish a county-wide sixth penny sales tax; the other will request approval for the issuance of sales tax revenue bonds against the new tax. The increase can only be accomplsihed upon the recision of the existing seventh penny tax by both the City of Aspen and the Town of Snowmass Village, an action which both entities have agreed to. The town of Basalt must also be considered, however, as a small portion of the Town is located within Pitkin County. There is, in fact, only one retail outlet within the town limits in Pitkin County, which generate collections of approximately $3,000 annually. The combined sales tax within the Town of Basalt, however, is 7 per cent at this time so that the ~mposition of an additional countywide tax would result in a total of 8fper cent for that portion of the town situated in Pitkin County. Colorado statutes only provide for a maximum tax of 7 per.cent. The Attorney General has indicated that he would recommend that the Department of Revenue not collect the new sixth penny tax, not only in Basalt but throughout the entire county. Staff has investigated the possibility of not imposing the additional tax in that portion of Basalt located in Pitkin County, although, consituttionally, such cannot be accomplished. It is also considered most unlikely that Basalt would rescind a portion of its sales tax as the great majority of its revenue is collected in the portion of the town located in Eagle county. Stewart suggested that the resolutions be tabled pending further review of the issue. In order to provide for the election as scheduled, it was anticipated that the county would seek new legislation; such would involve either a request to change the boundary between Pitkin and Eagle county's with the former ceding that portion of the town located in Piktin County to the latter, or legislation specifcally intended to address municipalities located within two differentccounties, such that both counties could provide for the 7 per cent minimum tax. Commissioner Child suggested that staff review a request that the Town of Basalt de-annex that portion of the town located in Pitkin County. This could, perhaps be achieved on a short term basis pending the formation of the consolidation transporta- tion system. Commissioner Klanderud moved to table both resolutions until Monday, April 4, 1984, at whcih time a special meeting would be convened to review the issue; seconded by Child. All in favor, motion carried. This was a county motion only. COUNCIL MEETING CITIZEN PARTICIPATION 1. Monroe Summers told Council the Community Center wants to do a fund raising event this summer and would like a consensus from Council on an arts fair in a city park. There have been some problems with events like this in the past, and the Community Center would like to know how Council feels about this. Councilman Knecht said he would like to see a specific proposal before he votes on this. Council agreed they would review a more specific proposal. COUNCILMEMBER COMMENTS 1. Councilman Knecht said he had asked for a report on non-comp time, which he has received. Councilman Knecht moved to add this to the agenda; seconded by Councilman Parry. All in favor, motion carried. ~egu±ar Meeting Aspen ~lty ~ouncl± ~arcn z~, 2. Councilman Knecht thanked staff for cleaning up the Council Chambers~and asked that the microphones be fixed. MAROLT PROPERTY - Progress Report Councilman Parry moved to add Marolt to the agenda; seconded by Councilman Knecht. All in favor, motion carried. LIQUOR LICENSE RENEWALS Councilman Knecht moved to approve the liquor license renewals for Red Roof Inns, Pinocchios The Crystal Palace and Charlemagne; seconded by Councilman Parry. All in favor, motion carried. WATER BOND REFUNDING City Manager Chapman told Council the staff has been looking at the possibility of refunding bonds because the bond market is getting better. The city's bond advisor, Joe Barrows of Kirchner/Moore has some schedules that will save the city $300,000 in actual debt service with most of the savings coming in 1983, 1984, 1985. The staff is recommending that Council do this. Joe Barrows presented a chart of the average of the bond market.showing that interest rates have declined over the last two years since the last two water bonds were issued. Barrows showed the existing debt service on the two separate issues of the $9,000,000 authorization. Barrows said he is looking for authorization from Council to allow he and the staff to complete negotiations with MBIA insurance to make sure the insurance will be transferable. Barrows is not actually selling the bonds at this point; he will return for final approval. Councilman Knecht moved to approve the sales of bonds to refund the 1981 and 1982 G.O. wateribonds and approve preparation of the necessary ordinances and other documents to effect the sale; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #13, SERIES OF 1983 Repealing Ordinance #42, series of 1975 - Camp&ign Expenditure Limitation Mayor Pro Tem Michael said in a case involving Councilman Knecht, this ordinance was thrown out of court almost two years ago. Councilman Collins moved to read Ordinance #13, Series of 1983; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #13 (Series of 1983) AN ORDINANCE REPE~2LING ORDINANCE NO. 42 (SERIES OF 1975) WHICH IMPOSES LIMITATIONS ON CAMPAIGN EXPENDITURES FOR CANDIDATES SEEKING PUBLIC OFFICE WITHIN THE CITY OF ASPEN AND LIMITING EXPENDITURES IN SUPPORT OF OR OPPOSITION TO ELECTION ISSUES was read by the city clerk Councilman Knecht moved to adopt Ordinance #13, Series of 1983, on first reading; seconded by Councilman Parry. Councilmembers Collins, aye; Knecht, aye; Parry, aye; Mayor Pro Tem Michael, aye. Motion carried. ORDINANCE #11, SERIES OF 1983 - Election Precincts Mayor Pro Tem Michael opened the public hearing. There were no comments. Mayor Pro Tem Michael closed the public hearing. Councilman Knecht moved to adopt Ordinance #11, Series of 1983, on second reading; seconded! by Councilman Parry. Mayor Pro Tem Michael pointed out this ordinance establishes the five precincts for the May election with a description of the physical boundaries for each precinct. Councilmembers Parry, aye; Knecht~ aye; Collins, aye; Mayor Pro Tem Michael, aye. Motion carried. ORDINANCE #12, SERIES OF 1983 - Air Pollution Councilman Collins moved to table Ordinance #12, Series of 1983, to April 25, 1983; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #10, SERIES OF 1983 - Golf Course Appropriations Mayor Pro Tem Michael opened the public hearing. There were no comments. Mayor Pro Tem Michael closed the public hearing. Councilman Knecht moved to adopt Ordinance #10, Series of 1983, on second reading; seconded by Councilman Parry. Sheree Sonfield, finance director, told Council these expenditures include on course rest room facilit~for $44,000; two on course drinking fountains for $6500; signs, cart shed electric service line. Councilmembers Parry, aye; Collins, aye; Knecht, aye; Mayor Pro Tem Michael, aye. Motion carried. i ~egu±ar meeting Aspen u~ty uounc~± ~arcn z~, ±9s3 ORDINANCE #9, SERIES OF 1983 - Park Dedication Fees Sheree Sonfield, finance director, reminded Council this deletes a section in th~s area of the Code to require the park dedication fees be paid in cash before the building permit is issued. This will eliminate promissory notes, which has been a problem in the past. Mayor Pro Tem Michael opened the public hearing. There were no comments. Mayor Pro Tem Michael closed the public hearing. Councilman Parry moved to adopt Ordinance ~9, Series of 1983, on second reading; seconded by Councilman Knecht, Roll call vote; Councilmembers Parry, aye; Knecht, aye; Collins, aye; Mayor Pro Tem Michael, aye. Motioni~carried. MAROLT PROPERTY City Manager Chapman told Council he and the city attorney had met with representatives of Mrs. Marolt to discuss the possible acquisition of the Marolt property from the city's open space bond money. Chapman said a consensus has been reached, and the agreement should be discussed with the Council to make sure Council agrees. Chapman said they have agreed~on a price of $1,800,000, but there are details to be negotiated further. One of the issues is the Marolt family homestead, which the Marolts are anxious to hold on . to. This needs to be defined, with the actual acreage to be maintained. Councilman Knechtl said he has a problem with maintaining the homestead in perpetuity. Councilman Knecht said Mrs. Marolt could have a life estate there, but the balance of the land should be the City's. Bob Joyce, representing Mrs. Marolt, told Council the entire family uses this as their home, not just Mrs. Marolt. Chapman told Council the homestead would be about a 3 acre envelope, which is not a big impact on the open space. Councilman Knecht said if the city is going to buy it, they should buy it and not have a little piece out of the middle of it forever. Councilman Knecht said he had no problem with Mrs. Marolt living there the rest of her life. Chapman said price is not the problem, it is a question of sentiment. Chapman said that Bob Joyce could go back and offer more money to include the homestead in the city's purchase. Councilman Parry said this is the old family homestead, and they ought to have a place for the children and grandchildren to return to is important. Councilman Collins asked what the city plans to do with this property, other than open space. Sunny Vann, planning director, said there were a number of transportation related options the city got through the SPA/PUD. Vann said since this property was acquired with open space funds, the city would have to have a referendum if they were to put roads in there. Mayor Pro Tem Michael said this is being bought with open space funds, it will be open space. Councilman Knecht said he would like to have staff come up with a price package for the entire parcel, including the homestead to see the difference. Councilman Knecht said the Council needs to determine what the value is. Joyce said he got the sense from Council that there is desire to proceed with the transaction. Gary Esary, assistant city attorney,! requested Council meet next Monday, April 4, 1983, in order to keep this on track. ORDINANCE #5, SERIES OF 1983 - Hotel Jerome Rezoning Alan Richman, planning office, told Council there are three requests tonight, final PUD, rezoning by Ordinance, and exemption of the lodge units and commercial space from the GMP quota system. This proposal is to renovate and restore the Hotel Jerome, 39 units and 20,156 square feet existing and adding additional 70 hotel rooms and 10,000 square feet of commercial space. The construction schedule is to start in August and complete by December 1984. Richman said the staff has been working with the applicant to get everythini in final form. Richman told Council in the PUD there is a heighth variance as~well as an area and bulk variance. The applicant is going to participate in financing some parking spaces at the parking garage at the Rio Grande property. One issue that has not been resolved is Bleeker street and whether the applicant has some responsibility in regrading that street. Because the high point of the Hotel Jerome is above the 40 foot restriction, there is reason to believe there will be shading of Bleeker street, and that there will be icing on Bleeker street. The siting of the Hotel Jerome requires the placement of the loading dock where it is along the grade of Bleeker street. The concern is that traffic might be delayed in coming up from Mill street. The applicant has submitted a letter requesting deletion of that condition imposed by P & Z. Richman said the applicant does not want to be in the position of participating in an improvement that no one knows what it will cost, nor how severe the Hotel Jerome's contri- bution might be. Richman said if a tax increment district is going to be done for the parking, it might be appropriate to include this improvement. Richman told Council the staff has looked at the rezoning from present O, office and CC, to the proposed CC/PUD. It has been reviewed in terms of the appropriate criteria. Richman said this project will have an impact on parking and traffic circulation in the area. The approach has been to try to mitigate the impacts of parking, traffic and employee housing. Regarding the GMP exemption, it is requested to add 70 hotel units and 10,000 square feet of commercial space. Richman said the applicant has been working to mitigate the impacts of this expansion. Richman told Council the planning office is satisfied with the approach of this project; the staff has been working with the applicant all along¥ ~nd their issues have been dealt with. The problem is getting the language of the agreement that is satisfactory to both parties. The attorneys are not totally satisfied with the agreement and need more time. ~uz~z ~.~eenmng Aspen clty CoUncil March 28, 1983 Gary Esary, assistant city attorney, told Council the PUD agreement is pretty much together~ The tax increment bond question has surfaced as additional security for the applicant's obligations with respect to the parking garage. This is a complex issue, and the staff needs additional time. John Gilmore s~id the tax increment bond idea is a solution to a problem both the applicant and the city has. Gilmore said a week's delay is fine, as long ! as this project is taking a step forward. Councilman Knecht said he felt it was the city's responsibility to take care of Bleeker street, and it doesn't have anything to do with the hotel. Councilman Knecht said he is in favor of taking that condition out of P & Z's recommendation. Councilman Parry pointed out the hotel will be paying roughly $500,000 annually in taxes, and if the city needs to improve the street, there will be additional revenue. Councilman Parry said the most important issue is to get the Hotel Jerome done~as soon as possible. Councilman Co~ins agreed, because if engineering sees a problem with Bleeker street is should be addressed now, not when the Hotel is finished. Councilman Collins said he did not feel the city can hold an applicant hostage for that kind of agreement. If the city wants the improve- ments, they should be done now. Mayor Pro Tem Michael agreed. The Bleeker street issue by consensus is no longer an issue. Gilmore told Council it is being requested for a 6 foot sidewalk on Bleeker and Monarch. The sidewalks are the block are 3 feet, 5 feet and non-existent. Gilmore said he did not object to building a sidewalk, but does object to overbuilding. There is no access to the building on Monarch or Bleeker, except at the corner. Gilmore said he would build a 5 foot sidewalk with green between the sidewalk and curb. Jay Hammond, engineering department, told Council a city resolution requires these type sidewalks. Also, the plan shows the sidewalks adjaCent to the curb; in this instance there are signs in the ~dewalk, cars overlapping, so Hammond requested an additional foot. If there wi~ll be a planter between the curb and sidewalk, that would give more room. Gilmore said he would have to look at the plans. Council agreed if there is green space, it can be 5 feet. Hammond said the sidewalk~ie abutting the curb. Gilmore said he would go with a 6 foot sidewalk in that case. Mayor Pro Tem Michael opened the public hearing. Councilman Collins brought up the FAR, which is 277:1, and questioned a variance from the required 2:1 FAR. Richman said the Code saps variances to density are not allowed. Density means number of units allowed per acre. The 2.7:1 is an area and bulk requirement, so the Code permits variances to the FAR but does not permit more units. The Code does allow varying external and internal FAR. Councilman Parry moved to table Ordinance ~5, Series of 1983, until April 4, 1983; seconded by Councilman Knecht. All in favor, motion carried. Mayor Pro Tem Michael continued the public hearing until April 4, 1983. SUBDIVISION EXCEPTION - KESSLER Colette Penne, planning office, told Council this is located at 950-960 East Durant in the . R~MF zone. This is a request to condominiumize two buildings on the property containing 8 apartments. Ms. Penne presented an affidavit on rental history; four of the units fall within the rental employee housing guidelines. The Kesslers have agreed to deed restricts these units 1, 3, 4, and 8 for five years. Ms. Penne recommended these units be deed restricted in the categories they presently rent in; 1 and 3 will be moderate and units 4 and 8 are in low category. Ms. Penne told Council there are eight off-street parking spaces, some of which are in the city right~f-way. The attorney's office recommends an encroachment license for these. P & Z and the planning office recommend approval of this request with the five conditions outlined. Assistant City Attorney Gary Esary recommended adding to one of the conditions about the city's standard encroachment license about the parking area adjacent to Durant avenue. Councilman Parry moved to approve the subdivision exception for the Kessler property i located at.950-960 East Durant, Aspen, with the conditions listed on page three of the ~ planning office memorandum March 28, 1983~ as amended by Esary; seconded by Councilman Collins. All in favor, motion carried. ORDIN~NCEL~#~¥1SER~ES~iO~i1983 - WAter Tap Fee increases Mayor Pro Tem Michael opened the public hearing. There were no comments. Mayor Pro Tem Michael closed the public hearing. Councilman Knecht moved to adopt Ordinance $8, Series of 1983, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Parry, aye; Mayor Pro Tem~Michael, aye. Motion carried. ENDEAVOR LODGE EXPANSION Colette Penne, planning office, presentsd renderings of the present Endeavor Lodge and the proposed expansion. This lodge has been zoned L-3. Council aCtion requested is GMP exe~ptilon for 3~newly created and deed restricted employee units, and an exemption for parking for these employee rooms. The A-frame on the back of the lodge will be demolished, and there will be a reconfiguration of the lodge with three small employee units. P & Z commented ~ that the employee rooms are smaller than the city's guidelines. However, these are not il studios but are sleeping rooms. The kitchens and baths are part of the lodge itself. i ilMs. Penne said the object of the L-3 ordinance was to allow some of the older lodges to do some reconstruction and refurbishing to make them economically viable. Ms. Penne~.said she felt the rooms are justifiably small and maintain the flavor of the Endeavor Lodge. Regular Meeting ~spen ~y ~uu~u~z ~.~ Ms. Penne said a question is whether or not parking should be provided for these employee rooms. There are five right angle parking space on Hopkins. The lodge is close to the downtown core. The employees who live in the lodge will work in the lodge. The lodge has a van fOr people working there as well as guests. Ms. Penne told Council the only space available for more parking is the south yard, facing the alley. If parking was put there, it would tak~ away any green space on the lot. Ms. Penne said she felt the back yard was an important amenity and recommended that theparking be exempted. Esary told Council an aencroachment license for the parking spaces in the right-of-way should be obtained like the last application. Ms. Penne told Council she would like the condition that a final plat of the reconstructed! lodge be filed be deleted. Ms. Penne said this is not any type of subdivision, so no final plat is required. Ms. Penne said if this condition were to remain in, the applicanti! would have to come back through a two-step process at a cost of $1000 for city approval. Council agreed to delete this condition. Councilman Parry moved to grant approval of an exemption from groWth managment competition for the three new employee rooms at the Endeavor lodge and grant an exemption from the provision of parking spaces for the employee rooms with the following conditions; (1) applicant obtain an encroachment license to retain the five parking spaces in the Hopkins avenue right-of-way; (2) the applicant be required to join any area improvement district in the event one is formed. If an improvement district results in the loss of parking spaces, they must be replaced in the alleyway; .(3) the applicant will submit deed restriCtions for the three employee units which will be approved as to form by the city attorney before the issuance of a certficiate of occupancy fo~ thei~new lodge units; seconded by Councilman Knecht. All in favor, with the exception of Councilman Collins. Motion carried. ORDINANCE #14, SERIES OF 1983 - Purchase of lots 2 and 3, Block 4, Lakeview Addition Assistant City Attorney Gary Esary told Council there were some minor changes to this ordinance~ It should not be an appropriation ordinance, just approving the purchase contract. City Manager Chapman told Council this is an open space acquisition that the open space negotiating team directed him to pursue. Councilman Knecht moved to read Ordinance ~14, Series of 1983, seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~14 (Series of 1983) AN ORDINANCE APPROVING THE PURCHASE (AND THEREBY RATIFYING A CONTRACT TO PURCHASE OF CERTAIN REAL ESTATE WITHIN THE CITY OF ASPEN WITH OPEN SPACE FUND AND--DESIGNATING THE SUM OF $105,000 TO PURCHASE THE SAME FROM OPEN SPACE BOND PROCEEDS WAS READ by the city clerk Councilman Knecht moved to adop~ Ordinance ~14, Series of 1983, on first reading; secondedi by Councilman Parry. Roll call vote; Councilmembers Collins, aye~;~ Knecht, aye; Parry, aye; Mayor Pro Tem Michael, aye. Motion carried. NON-COMP TIME REPORT City Manager Chapman explained the city has compensatory and non-compensatory time. Management does not get compensatory time but gets non-compensatory time. The difference is that the city is obligated to pay or give time off for compensatory~ime~ ~Non-comp time is a bookkeeping method to keep track of the hours that management work over 40 hoursl a week. The city can give the time off for non-comp~but the city is not obligated to pay for this time. Chapman told Council that the city was reporting to Rob McClung and Terry Quirk that they had lots of vacation time, because they were on the computer as shift personnel rather than management. The staff went back and changed the vacation accrual rate to the correct one and deducted the hours that were mistakenly credited. At the same time, McClung and Quirk told Chapman they were not reporting their non-comp time because they had so much vacation time coming. Chapman said it is reasonable to assume the police chief and assistant police chief did work more t~an 40 hours per week. McClung and Quirk were credited with one hour per week for the time they did not report non-comp time. Councilman Collins moved to continue the meeting to Monday, April 4, 1983; seconded by Councilman Parry. All in favor, motion carried. Council left Chambers at 7:35 p.m. Kathryn SJ~och,'Ci~y Clerk Continued Meetin~ Aspen City Council April 4, 1983