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HomeMy WebLinkAboutminutes.council.19830523 Regular Meeting Aspen City Council May 23, 1983 Mayor Edel called the meeting to order at 5:05 p.m. with Councilmembers Knecht, Michael and Parry present. CITIZEN PARTICIPATION 1. Jon Busch said on April 22 a letter was submitted to the planning office, P & Z, County Commissioners and City Council on Smuggler Mountain Master Plan. The letter said there was a meeting of the Williams Addition homeowners 5o achieve a consensus about concerns and recommendations on the development of this neighborhood in the Smuggler Mountain Master Plan. Busch said the P & Z felt that this is only a small part of the neighborhood, and P & Z must work for the interes~ of the majority. Busch said his group feels there needs to be a reassessment of priorities in the development of this area, most specifically spending $620,000 for the Mill street bridge. Busch said there are so many things that need to be done that have been neglected, that to spend money on a bridge that is structurally sound is a wrong priority. City Manager Chapman said the city and county staffs are meeting May 26th to go over the financing plan. Mayor Edel suggested attending the meeting to give input. 2. Charles Maple spoke on the condition of the road in the Smuggler Mountain area and asked why money couldn't be spent to fix Gibson road near the speed bump where the road is broken. Jay Hammond, engineering department, said this is in the master plan. There is a special problem with this section as water collects there. In the absence of any drainage facility, the road will keep breaking down. Mayor Edel said one of the problems with the Smuggler Mountain area is that so much work needs to be done and it has to be scheduled so that work that is done is not ripped up by subsequent work. Maple said that Gibson and Park avenues deserve to be fixed now. Maple suggested dumping gravel on this street to fix it now. Hammond said the road could be repaired, but it is a big deal to correct the problem of drainage. Mayor Edel requested a cost figure for the immediate repair. Busch read the five points from the Williams Addition homeowners at the request of Councilman Knecht. These are (1) provision of landscape buffer between Williams and Smuggler and Williams and Silverking; (2) the traffic impact on Spruce street because of the Centennial project should be reduced by connecting the north 79 units through Silverking; (3) street paving in Williams addition should be to west end standards with curb and gutter; (4) undergrounding of utilities; (5) a sidewalk and trail through Spruce street should be installed. 3. Heather Campbell questioned why the work on the Mill street bridge was given the go- ahead, when phase IV of Silverking is not finalized. City ManaGer Chapman said there are no funds for the bridge. The city will have to go through an election for these funds. Chapman said the city has told the County there are no funds, they can proceed and at a later date the city will negotiate for their share of the bridge. 4. Herb Balderson said more projects are being built in a high density area and nothing is being done to take care of the roads and drainage for people that live there already. Mayor Edel agreed this is a major problem; the city does not have the funds to complete all the work that needs to be done. 5. Ward Hollenstein said the problem on Gibson and Neale street is terrible and something should be done about this. Hollenstein said he feels it is important to underground the utilities. This is a beautiful area and it is being cluttered up with wires, poles and lines. 6. Liz Johnson emphasized that the roads have to be a priority before the Mill street bridge. The lighting in the area is abominable, and This should be addressed in the master plan. Jay Hammond said there is a joint city and county P & Z meeting Tuesday, May 24th to discuss the Smuggler Master Plan. COUNCILMEMBER COMMENTS 1. Councilman Knecht said the Wheeler Opera House Board was omitted from the agenda, and he would like to hear their report. City Attorney Taddune requested that the Doppes settlement be added to the agenda. City Manager Chapman asked that phase two of the water management plan be added. Councilman Knecht moved to add these three items to the agenda; seconded by Councilman Parry. All in favor, motion carried. WHEELER OPERA HOUSE REPORT Eve Homeyer thanked Council for everything they have done for the Wheeler and to get it to where it is. Ms. Homeyer said the Board is willing to make about $200,000~ worth of cuts because the M.A.A. ls not sure they will be able to give the Wheeler the advance rent that was discussed. Ms. Homeyer said this is not cost overruns; this is money the Board thought they had and now they do not. There is no recourse but to do these cuts. Ms. Homeyer requested permission for a campaign to sell the seats; anyone who bought a seat would have their name on a brass plaque. Councilman Knecht asked if there was a cit~ fund that had an excess of money to borrow this $200,000. Councilman Knecht said to cut now would be cutting the beauty of the Wheeler Opera House. City Manager Chapman said the problem is cash. Finance Director Sheree Sonfield told Council she had looked at the land fund, real estate transfer tax fund and electric fund. In the land fund, the debt is a big percentage of the expenditures. Ms. Sonfield projected in the land fund at the end of 1983, there will be cash equalling half of the debt service, which is a reasonable place to be. The electric fund has already loaned $250,000 to the Wheeler. Chapman said in order to come up with the S200,000 cash, this would be trading off some other objectives that have been set with regard to cash position, fund balances and other programs. Councilman Knecht said he considered this need for money for the Wheeler an emergency. Chapman told Council that the M.A.A. needs a new water and sewer system at their school, which an engineer quoted to them a cost of $400,000. Chapman and the M.A.A. came up with a plan that the M.A.A. become a city water customer at a cost of $125,000 and a tap fee of $28,000. Chapman said the city could carry that over three years, which is the time to finish the city's water improvement projects. Mayor Edel asked if the project was on budget. Chapman said the total bids came to S3,700,000 and the project can be finished for $3,900,000. The city has the $3,700,000 through the bond issue, and the interest earnings on the bond. The city was counting on the M.A.A. money and this would have taken up the slack. This budget is from September 1980, and there have been work shut downs. Chapman said that $200,000 on a $3,500,000 budget over three years is pretty good. Councilman Knecht said he wanted to get the Wheeler finished. Chapman suggested he contact the M.A.A. and get the water project and the Wheeler tied down Mayor Edel said the staff should go back to all the funds to see what the maximum amount can be taken out without hurting the fund. Councilman Parry said he felt selling the seats is a good idea and should be done anyway. Councilman Knecht moved to find $200,000 out of the funds and direct staff to come back this week with a proposal for this Council; seconded by Councilwoman Michael. All in favor, motion carried. SPECIAL EVENT PERMITS Councilwoman Michael moved to approve the special event permit for the Chamber for June 19th; seconded by Councilman Knecht. All in favor, motion carried. Councilman Knecht moved to approve the special event permit for the International Design Conference for June 14; seconded by Councilwoman Michael. All in favor, motion carried. MAYOR'S COMMISSION REPORT Don Fleisher outlined last summer the Council invited ten people to come together to discuss goals for the future of Aspen, which formed the Mayor's Commission - 1995. This Commission is studying the goals for the community. This Commission first took a look at the report of the Goals Task Force report from the early 1970's. This group has expanded to a group of 25, broken down into small committees working for the last nine months. Each committee had a chairperson and these formed the steering committee. Fleisher presented a report on a study of seven former goals from the 1970's, addressing the degree of implementation. Fleisher said it is not the responsibility of the Commission to come up with goals for the future; it is their responsibility to assist the citizens of Aspen to come up with their own goals. Fleisher said the Commission is in their second phase~ They are meeting with the planning office for guidance; they are studying processes for a goals effort. Fleisher told Council he is turning the chair over to Alan Schwartz. Fleisher said the Mayor's Commission intends to be an on-going process. This Commission can oversee the implementation of goals, once they are determined, The Commission can bring citizens back together. Fleisher said this Commission is talking to other cities that have goals task forces to come up with an approach for Aspen. Council thanked the entire committee and commended their efforts. ORDINANCE #26, SERIES OF 1983 - Aspen Skiing Company/Little Nell Property - extension of SPA Designation Mayor Edel said he felt he had a conflict of interest on this; however, he will chair the meeting. Colette Penne, planning office, pointed out the area, basically the Little Nell base area; it is zoned C, conservation, with small areas of L-1 zoning, and Little Nell's is zoned CC with an SPA overlay. The applicant is requesting an extension of the SPA overlay, and the existing zoning will remain on the property. Ms. Penne explained the applicant's advantage in this application is that there is flexibility in design. The SPA overlay would allow for the development of the property in whole rather than in pieces Ms. Penne pointed out the advantage to the city is that an SPA overlay adds an additional layer of review, any development of the property would have to come to Council for review. Council has to review and adopt a precise plan for SPA. C, conservation, zone allows certain uses, single family house, certain institutional uses, which could be built withou- Council review. Ms. Penne said this is not giving the applicant any vested right by this action; there is nothing attendant to the SPA that is adding to the rights of the applicant. Ms. Penne told Council many property owners were present at the P & Z meeting to express concern about the extension of the SPA. The P & Z recommended extension of the SPA with three conditions; (1) existing zones are maintained with respect to each zone's area; (2) any variance in allowed use of the underlying zone will be reviewed under the SPA and using the criteria of rezoning; (3) if Council does not accept conditions 1 and 2, the P & Z would recommend denial. Gideon Kaufman, representing the Skiing Company, told Council their intention is to do a well thought out, comprehensive plan of the land owned by the Ski Company at the base of Little Nell. As there are various zoning designations on the land, it is important to be able to proceed with a SPA plan for the whole area. Kaufman said the applicant is not asking for any changes in the underlying use. This is a sensitive property and requires a comprehensive plan. Kaufman told Council last fall, the Ski Company put together some plans for upgrading this property. These plans met with controversy from surrounding property owners. At that time, attorneys for some of the property owners threatened litigation saying the applicant did not have property zoning for a hotel and should not be allowed to compete in a lodge GMP. Kaufman met with city staff, and it was decided that extending the designation of SPA to all the Ski Company property would give them a right to compete in the GMP. Kaufman said when the applicant does come up with a plan for this property, it will be reviewed by P & Z and Council with comments from the neighbors. At this time, the appli- cant will deal with the specific issues of height, area and bulk. Council is not giving away any controls nor giving any development rights. Kaufman said the question is does Council want to encourage the Ski Company to go forward and try to come up with a plan for the Little Nell area. Council will have adequate review of that plan. The applicant is asking for the right to compete in the GMP competition. Councilman Knecht asked if the conditions from P & Z are in the ordinance. Ms. Penne said they were. Councilman Knecht moved to read Ordiannce 926, Series of 1983, seconded by Councilman Parry. All in favor, Mayor Edel not voting. Motion carried ORDINANCE #26 (Series of 1983) AN ORDINANCE ADDING A "SPECIALLY PLANNED AREA" (SPA) ZONING DESIGNATION TO PARCELS IN THE "LITTLE NELL" AREA OWNED BY THE ASPEN SKIING COMPANY NOW ZONED "CONSERVATION" (C) AND "LODGE-l" (L-l) AND SETTING FORTH CERTAIN EXPLANATORY CONDITIONS ON THE DESIGNATION was read by the deputy city clerk Councilman Knecht moved to adopt Ordinance #26, Series of 1983; seconded by Councilman Parry. J. D. Muller told Council the planning office and applicant agree upon what law is applicable on this application. There are a number of people who disagree with the procedures, and objections to the point of whether the City is giving the Skiing Company a foot in the door because of the way the various systems work. Muller requested his letters be put into the record. Muller said the city does not have any standards or procedures for originally designating an area SPA. City Attorney Taddune said that an SPA zone has more restrictions than other zones. Under an SPA, a property owner has to come in and receive specific precise plan approval for any development. Taddune told Council an SPA overlay is designed to give maximum flexibility so that an applicant can position on a parcel what belongs there. Andy Hecht, representing the Aspen Alps, said the Code says if a property is zoned SPA and an applicant comes in with a reasonable plan, the city has to accept it. Taddune said that is the underlying requirement with any zoning. Jeff Sachs asked what happens if the Ski Company competes in the GMP and wins and then comes to Council with a precise plan and the Council may allow changes to be made in that application to meet the criteria of the SPA. How does that affect the others that competed in the GMP and lost, and if they had been able to compete based on those changes, the results of the competition might have been different. Kaufman said the GMP competition is of uses, not of zone districts. Also, in the GMP it states an applicant cannot make changes without rescoring. Kaufman said the SPA the Ski Company is asking for keeps under it the C, conservation zone. At the time the applicant wants to change the underlying conservation uses, they have to come to Council to convince them to change the uses. Roll call vote; Councilmember Knecht, aye; Michael, aye; Parry, aye; Mayor Edel, abstain. Motion carried. ORDINANCE ~27, SERIES OF 1983 - Buckhorn Lodge Rezoning Colette Penne, planning office, told Council this is an application by the Buckhorn Lodge at 732 East Cooper to rezone from O, office, to C/L, commerical/lodge. Ms. Penne said this lodge was identified by the planning office in 1982 as appropriate for L-3 rezoning. The owner of the Buckhorn did not want L-3 zoning because he felt this zone category did not solve his problems~ The use at this lodge has hsitorically been commercial on the first floor and lodge uses on the second floor. Ms. Penne said this is a perfect fit for C/L zoning. However, the intent of the C/L zone is to serve as a transition zone from the intense lodge uses to the downtown core. Ms. Penne said the planning office and P & Z feels to zone this to C/L is creating a small nucleus of C/L with no other continuity around it. There is NC to the south; R/MF to the east; O, office, to Main street. The rest of this block is Bell Mountain Lodge, which did accept L-3 zoning. If Council rezones the Buckhorn to C/L, there will be pressure on Bell Mountain Lodge to also rezone to C/L. There is a 2:1 FAR, which is a problem on this site. The Buckhorn is at a major intersection at the entrance to Aspen. If this was built out to 2:1, it would eliminate the little parking there is now. Ms. Penne told Council at the end of the P & Z meeting, Gideon Kaufman, representing the applicant, told the Coramlssion if this was rezoned to C/L, his client would voluntarily submit to a 1:1 FAR. Ms~. Penne said the problem with the voluntarily going to 1:1 is that with the next request for a rezone to C/L, the applicant may not submit to that. Gideon Kaufman pointed out this is the only lodge with existing commercial uses, it has existing C/L characteristics. Also the applicant volunteered to keep the FAR to 1:1. Taddune said the standard is changed circumstances in accordance with the Master Plan; an applicant for rezoning has to prove there has been changed circu~tances to justify the zoning change. Kaufman said zoning to C/L would make this property conforming. Councilwoman Michael asked how long there has been commercial use on this property. Si Kelly answered over 15 years. Kelly said the city only has one zone that would make this property conforming, and that is C/L. Ms. Penne told Council the recommendation from P & Z is to zone this property L-3. It would complete the block; it would allow upgrading of the lodge uses; it would not be the demise of the commercial uses, they could not be expanded. Kelly said the reason he did not accept L-3 is that he would have two uses that would be non-conforming. Councilman Parry moved to read Ordinance ~27, Series of 1983; seconded by Councilwoman MichaeL. All in favor, motion carried ORDINANCE ~27 (Series of 1983) AN ORDINANCE REZONING THE EASTERLY 9.7 FEET OF LOT Q, ALL OF LOTS R & S, BLOCK 105, IN AND TO THE CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO, FROM O (OFFICE) TO CL (COMMERCIAL LODGE) was read by the deputy city clerk Councilwoman Michael moved to adopt Ordinance #27, Series of 1983; seconded by Councilman Parry. Roll call vote; Councilmembers Knecht, nay; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. APPLICATION FOR NEW LIQUOR LICENSE - Hopkins Street Inc. d/b/a Smuggler Land Office Mayor Edel opened the public hearing. Deputy City Clerk Joy Brooks reported the file, posting and publication were in order. Tim Cottrell explained to Council this is located in the former Sub Shoppe, former Firehouse Tavern. It will now be the Smuggler Land Office. This space at one time was the Smuggler Durant Mine Company Office. There will be a restaurant/bar serving food from 11 a.m. until 10 p.m. Mayor Edel asked for opponents. There were none. Councilman Knecht moved that based on ~he evidence presented at the public hearing held May 23, 1983, relating to the application by Hopkins Street Inc. for a three-way liquor license, the Council finds that the needs of the community have not been met and the license as applied for is hereby granted; seconded by Councilman Parry. All in favor, motion carried. STREET VACATION 8th and North Streets Colette Penne, planning office, told Council this is a request to vacate portions of 8th and North streets. The application refers to a recommendation of the Aspen Meadows Advisory Board, which discussed the Aspen Institute property. This group considered alternatives for access, parking, and circulation. Three of their recommendations are (1) the main access to the area would be 7th street and 3rd street, (2) the bus route should use 7th street for both entering and exiting the area, and (3) that Meadows road should be closed except for emergency use. Ms. Penne said she had some problems using the Board's report as they were an advisory Board and there is some uncertainty to the future of the Aspen Institute property. This report has never been officially adopted. The attorney for the applicant states in his letter that these street vacations are not premature, as the planning office feels because of the unsure future of the Institute property. The attorney points out if 8th street were opened, it would needlessly parallel Meadows Road. The Advisory Board recommends that Meadows Road be closed except for emergency use. Ms. Penne told Council the city's subdivision standards say "all lots shall front on a public street or a private street if approved by the Planning Commission Right now some of the houses on North street access onto an alley. The engineering department comments the major reason this vacation should not be granted is the unknowns in the future of the Institute property and the desire for the City to not close off their options. The engineering department also pointed out the 8th street would be necessary in the event the Meadows road is improved. Ms. Penne said both the planning office and P & Z recommend that Council not vacate the streets at this time so as not to close off the options. P & Z suggested that an encroac] ment license, similar to that of the Aspen Alps on Ute Avenue, might be pursued. The Council could allow the use of the area by the owners of the houses until the area is needed for roadway use. Councilman Knecht asked what the plans for the area are. Charlie Marqusee told Council all the property owners plan to landscape the area. Chuck Brandt, representing the applicant, went through the presentation and exhibits. The aerial photograph shows the proposed vacation. The area to be vacated is 33,000 square feet. Brandt presented photographs in order to orient the Council. Brandt said he did not feel that 8th street should ever be used to access the Institute; it is betwee~ the curve and the bridge, and it would intrude directly upon the race track property. Brandt told Council there is an informal path to the tent, and they would be willing to make this an easement. Brandt said they would also be willing to move the fire hydrant to wherever the city would like it. Brandt told Council there is a deed restriction on the partial lots owned by the Marqusees not to develop anything. Brandt told Council the four property owners in this area are willing to stipulate they will not use the vacated area, if approved, to increase the floor area of their structures. Brandt told Council nothing will change physically, except some landscaping. It will not be fenced in. Mark Skrotski told Council that the intersection of 8th street and highway 82 should be discouraged in all ways possible. Skrotski told Council none of the solutions for circulation in this area use North street between 7th and 8th. Ms. Penne pointed out if Meadows road is closed except for emergency access and 8th street is vacated, there is no access to the Western portion of the Institute property. Ms. Penne told Council there should be various traffic routes from the tent to town and the options should not be limited. Councilwoman Michael moved to direct staff to draw up a vacation ordinance to approve the request for vacations or portions of Eighth and North streets and to incorporate the following conditions in that ordinance; that a fire lance access be provided on North street; that the alley in block 8 be paved; reservation of utility easements on, over or under the vacated areas; the conditions on page 4 of ChuCk Brandt's memorandum and staff review to make sure no conditions have been missed; seconded by Councilman Knecht. Councilman Knecht said if Meadows road is widened, there should be some condition about using this. Brandt said he would agree to a reservation for a certain number of years. Councilman Parry asked if this is vacated, does the property become the exclusive use of the property owners. Councilman Parry said this is 33,000 square feet that the city is giving away; the city should be selling it. Taddune said, theoretically, a public right-of-way is the right of the public to use that land; the city doesn't necessarily have title to it. Mayor Edel said the public ought to be able to walk through this property. Brandt said they would stipulate to a foot path. A1 Blomquist said he felt this was a good idea as long as the city got a path easement through there. All in favor, motion carried. ORDINANCE #28, SERIES OF 1983 Subdivision Exception and SPA Amendment/Marolt Property Colette Penne, planning office, told Council this is initiated by the city because of a donation from the Marolts of 10 acres and the purchase of 25 acres. This is a subdivision exception to form those two parcels for separate conveyance. There is also an SPA/PUD amendment to show no development on the parcel to take precedence over the earlier development proposal. Ms. Penne asked if Council wanted the Main street right-of way and the Holden road right-of-way shown on the plat. The engineering department commented a lot of work was put into preserving these rights-of-way. The P & Z felt that since this is being purchased with open space funds, they would prefer to see these rights-of-way removed from the plat. Mayor Edel said he felt the rights-of-way should stay on the plat because something may happen in the future. Councilman Parry moved to read Ordinance ~28, Series of 1983; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE ~28 (Series of 1983) AN ORDINANCE APPROVING AN AMENDED SUBDIVISION PLAT AND PRECISE PLAN FOR THAT PROPERTY CONSISTING OF APPROXIMATELY 35.25 ACRES LOCATED WITHIN THE CITY OF ASPEN TO THE SOUTHEAST OF THE INTERSECTION OF CASTLE CREEK ROAD AND HIGHWAY 82 COMMONLY KNOWN AS THE MAROLT RANCH AND MORE SPECIFICIALLY DESCRIBED IN THAT PUD/SUBDIVISION AGREEMENT RECORDED AT BOOK 413, PAGE 980 IN THE OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER was read by the deputy city clerk Councilman Knecht moved to adopt Ordinance #28, Series of 1983, striking condition ~3; seconded by Councilman Parry. Roll call vote; Councilmembers Knecht, aye; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~29, SERIES OF 1983 - Shapery Downtown Storage SPA Colette Penne, planning office, told Council this project went through commercial GMP; it was amended from three buildings to two buildings. There is a dedication of land at the back of the property for a park, The proposal is to move the Rio Grande trail over to the west side of the property, if the apporpriate easements can be gained from Mrs. Paepcke. Ms. Penne said there has been some question through the Trueman SPA process as to whether this was a developable parcel or was to be held as open space. Ms. Penne researched this; it is a developable parcel with S/C/I zoning. The easements have either been vacated or ~ved to make way for the development. One of the review criteria for an SPA is the compatibility with surrounding land uses. On this parcel, it depends on which direction one is facing. On one side there is the Center and the sewer plant, and this development fits in with either of those. On the other side, there is A.C.E.S and the Roaring Fork greenway and this is a significant development. In terms of the Rio Grande Trail, if the trail is relocated to the west it would be a better location than its present location. There is no guarantee that these easements can be obtained. Mayor Edel said in talking with Mrs. Paepcke, there is an indication that the easements will not be forthcoming. Ms. Penne said she felt in terms of traffic, most people going to a storage unit would go there on a multi-use trip. On the con side, there is excess traffic in this area now. The Trueman Center and the circulation patterns do not function well. Ms. Penne said applicant has made a lot of concessions to make this a low impact plan. The plan has been reduced, there is dedication to parks there. There will be a fence so the first level will not be visible from A.C.E.S. The buildings will be barn-like in nature. On the negative side, it is a bulky development at the trail head. The development will generate 1-1/2 employees. The Koch lumber building will be used as the office and manager's apartment. Gideon Kaufman said this is the adoption of a specific SPA plan for the S/C/I Zone district. Kaufman said this plan goes along with all the underlying S/C/I zone requirement The only request the applicant has made, which engineering and P & Z went along with, is a 5 foot setback in front rather than a 10 foot setback to accommodate the remodelling of the Koch lumber building. Kaufman told Council he had hired an engineering firm to do a traffic study. What this firm determined was that of all the uses in the S/C/I zone, a mini-warehouse generated the least amount of traffic. This location would produce multi-purpose trips and reducing the impact of traffic. Kaufman said the developer showed much sensitivity to the area, and has picked the lowest impact of traffic. Kaufman asked that the engineer's report be entered into the record. Kaufman pointed out in the original SPA adoption, the only requirement placed on the developer was to place a trail somewhere on Lot 3. Kaufman said the applicant will c to that requirement. The applicant is willing to relocate the trail, pay for it on his side, and help the city relocate the trail. Kaufman told Council in response to the P & Z recommdation that this project be granted full allotment so there will only be disruption of the area one time as opposed to three times, the applicant has agreed if the city does that, he will pay for the trail on his property, Mrs. Paepcke's property as well as the new property this city has purchased. The applicant has dedicated 12,000 square feet for a park on the back of the property. The applicant has taken an historic building and remodelled it where people can see it. The applicant will provide a much needed facility for the city at competitive rates. The applicant has done every possible to accommodate A.C.E.S. Kaufman asked that the Council go along with the P & Z recommendation for the full 21,000 square feet in one year rather than 7,000 square feet for three years. Ms. Penne told Council that P & Z's first recommendation is that they would like the city to buy the property. Tom Wells presented the maps of the proposed development. Wells told Council he has been on the board of A.C.E.S. and Wells said this was a very delicate architectural issue. Wells told Council there is no activity visual from the outside of the building. The upper level, the activity is within the structure; the lower level is under an overhang and has a fence with a mix of landscaping to further screen the building. Wells told Council that Mrs. Paepcke may sell property~to the city for a trail, if this project goes and the trail is relocated. Taddune asked Wells to get a letter from Mrs. Paepcke for the record. There will be one-way circulation. Wells said the building materials are as neutral as can be. Ms. Penne told Council the P & Z recommended, if Council accepts the SPA plan, to up the allocation to 21,000 square feet. Mayor Edel said the Council strongly voted before for the 7,000 square feet and stated they did not want to give a 21,000 square foot alloca- tion but only wanted to give 7,000 square feet. Mayor Edel wanted that stricken from the ordinance. Ms. Penne said P & Z was aware of Council's feelings; however, they recommended giving the allocation in one year. Mayor Edel asked what would happen if Council did not adopt the SPA plan. Taddune told Council the applicant would be put in the position of requesting a Court to order Council to adopt it. What is in front of Council is a plan to develop the property in accordance with the SPA designation and the underlying zoning. The planning department has researched and feels the proposal is the least intensive of what the existing zoning would permit. Councilwoman Michael asked where the 21,000 square feet from the P & Z came from when Council had already decided to give this applicant only 7,000 square feet allocation. Ms. Penne said the P & Z has been consistent in their recommendations to Council. Their first priority is for the city to purchase the property. The second priority is if the project is going to be built, they do not want to see it constructed over a three year period, especially because of the wild life. The P & Z would like to see this go in in one year because of less disturbance. Also, the applicant has offered to built the trail at no cost to the city, if he can build in one year. Councilwoman Michael moved to read Ordinance ~29, Series of 1983, striking section 5; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~29 (Series of 1983) AN ORDINANCE ADOPTING AN APPROVED SPA PRECISE PLAN FOR LOT 3 OF THE TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT, THE ELEMENTS OF WHICH PRECSIE PLAN WILL CONSTITUTE THE DEVELOPEMTN REGULATIONS FOR LOT 3 OF THE TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT AS PROVIDED FOR UNDER SECTION 24-7.2 OF THE APSEN MUNICIPAL CODE; INCREASING THE GROWTH MANAGEMENT ALLOTMENT FOR COMMERCIAL SPACE was read by the deputy city clerk Ms. Penne pointed out that "increasing the growth management allotment for commercial space" should be struck from the title. Council agreed. Councilwoman Michael moved to adopt Ordinance ~29, Series of 1983, as amended; seconded by Councilman Parry. Kaufman told Council in his memoranda to Taddune, he states there is no legal right to turn down this application. Kaufman said the law is clear that the application has a righ~ to development on this property. Kaufman said Council is not finding fault with this particular project. Council has two choices; they can either approve the project or condemn the property and buy it. Kaufman said to arbitrarily deny development rights because Council is not happy about previous Council action is unfair as well as illegal. Taddune told Council because of current legislation and cases, it is impossible for municipal attorneys to evaluate on a case by case basis what the liability might be. Taddune told Council that based on Federal decision, Courts might award damages for the period of time a person was deprived of his property by the arbitrary and capricious legislative action. Taddune said, generally, if Council is acting within the scope of their legislative function, they are immune individually. The public entity is liable. Roll call vote; Councilmembers Knecht, nay; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. Mark Freidberg said the city has spent money on other open space acquisitions that have had much less tangible value to this community. Freidberg said this development should be prevented by acquiring the property at fair cost. Hal Clark said he wished the Council would consider having an election on the purchase of this property. Shapery said the appraisal on this property if $800,000; he would sell it to the city for $650,000 with a charitable donation of $150,000. This appraisal is based on the uses allowed by the zone. SUBDIVISION EXCEPTION - Golden Horn Building Colette Penne, planning office, told Council this is a request to condominiumize the Golden Horn building. There will be four units in ~he property; unit 1 is the Golden Horn restaurant; units 2 and 3 are the ground level and are commercial facilities; unit 4 is an office on the second floor of the building. Councilman Knecht moved to approve subdivision exception for the purpose of condominiumiza- tion for the Golden Horn building with the six conditions listed in the planning office memorandum of May 23, 1983; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #19, SERIES OF 1983 - Satellite Dishes Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilman Knecht moved to adopt Ordinance #19, Series of 1983, on second reading; seconde( by Councilman Parry. Councilmembers Knecht, aye; Parry, aye; Mayor Edel, aye. Motion carried. CITY OF ASPEN EMPLOYEE HOUSING Assistant City Manager Ron Mitchell told Council the staff was still negotiating the cost certificate. This will have to be addressed at a special meeting later in the week. ORDINANCE #25, SERIES OF 1983 - Amending Ordinance #16, Series of 1970 Finance Director Sheree Sonfield told Council the open space group prefers to wait until the new Council takes office. LIQUOR LICENSE TRANSFER - Red Onion Councilman Knecht moved to add the Red Onion liquor license transfer to the agenda; seconded by Councilman Parry. All in favor, motion carried. Claire Sanderson told Council the Red Robin liquor license expires in June. This is a transfer of that license to Ann Sandersen Owsley, Inc. d/b/a the Red Onion. Councilman Parry moved to approve the transfer to Ann Sandersen Owsley, Inc. subject to the city attorney's review; seconded by Councilman Knecht. All in favor, motion carried. FINANCIAL PERFORMANCE FOUR MONTHS ENDING APRIL 30, 1983 Finance Director Sheree Sonfield presented the first quarterly finance financial perform- ance report. There is a synopsis of each fund's performance for the first quarter. All of the funds are in good shape, except there is a $15,000 unfavorable in the general fund, which should be made up. In transportation/transit, there is a $26,000 deficit which is due to not as many bus days in the season. Ms. Sonfield pointed out there are exhibits for each individual fund. There is long range forecasting for the funds. Council commend, Ms. Sonfield on the report and said it is very helpful. ORDINANCE #30, SERIES OF 1983 - Appropriations Councilman Parry moved to read Ordiannce #30, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #30 (Series of 1983) AN ORDINANCE APPROPRIATING GHNERAL FUND EXPENDITURES OF $55, 321; TRANSFERRING $11,248 FROM THE GENERAL FUND TO THE LAND FUND; TRANSFERRING $78,757 FROM THE TRANSPORTATION/MALL FUND TO THE GENERAL FUND was read by the deputy city clerk Ms. Sonfield told Council they had previously approved for the parks department an alley clean up project for $14,000; trash barrels $4,000; flower box project $16,215; additional mall operation of $5,000. At last Council meeting, Council approved $11,825 for roof repairs and there is additional $4,000 for truck leases. Some of the item are appropriate in the land fund and some in the transportation/mall fund. Councilman Knecht moved to adopt Ordinance #30, Series of 1983, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Mayor Edel, aye. Motion carried. CONSENT AGENDA Councilman Knecht moved to approve the consent agenda; seconded by Councilman Parry. The consent agenda is (1) Request for expanded premises - Roaring Fork and Spoon, (2) Liquor License Renewal - The Paragon. All in favor, motion carried. ORDINANCE #31, SERIES OF 1983 Doppes Settlement City Attorney Taddune explained this is a settlement for some safe boxes that disappeared from the Plum Tree. There is a settlement offer of $1800 to be split by the three defendants. The City would pay $600. Councilman Parry moved to read Ordinance #31, Series of 1983; seconded by Councilman Knech~ All in favor, motion carried. ORDINANCE #31 (Series of 1983) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION FOR A GENERAL FUND EXPENDITURE OF $600.00 IN FURTHERANCE OF THE SETTLEMENT OF THE LAWSUIT OF AUGUST B. DOPPES V. NUMBER ONE MAIN CORPORATION; THE CITY OF ASPEN; RED ROOF INNS, INC.; NUMBER TWO MAIN CORPORATION; PYRAMID MANAGEMENT, INC.; AND JOHN DOE; AND DIRECTING AND AUTHORIZING THE CITY ATTORNEY, ON BEHALF OF THE CITY OF ASPEN, TO EXECUTE SUCH DOCUMENTS AS MAY BE NECESSARY TO EFFECTUATE A SETTLEMENT was read by the deputy city clerk Councilman Knecht moved to adopt Ordinance %31, Series of 1983, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Mayor Edel, aye. Motion carried. WATER BIDS City Manager Chapman said these bids are first this year's phase of the water management plan. The bids are for the site preparation for the tank at Highlands; schedule number 2 is for the tank itself. Mayor Edel asked how the water management plan was doing. Chapman said it is within budget. Councilman Parry moved to approve the award of contracts to White and Sons for schedule No. 1 (site preparation) in the amount of $152,450 and Doughty for schedule no. 2 (steel reservoir) in the amount of $70,927 and further move that the city manager be authorized to sign the necessary documents to effectuate the award of these contracts; seconded by Councilman Parry. All in favor, motion carried. Chapman said the other bid for the 1983 water main extension. The low bidder was Swerferger who was the successful bidder for the previous phases of the water plan. Councilman Parry moved to approve the award of a contract to K. R. Swerdfeger Construc- tion for construction of 1983 Water main extension in the amount of $759,270.10 and further move that the city manager be authorized to sign the necessary documents to effectuate the award of these contracts; seconded by Councilman Knecht. All in favor, motion carried. Councilman Parry moved to adjourn at 9:35 p.m.; seconded by Councilman Knecht. All in favor, motion carried. Kathryn ~ Koch' for Joy A. Brooks