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HomeMy WebLinkAboutminutes.council.19790326 Regular Meeting Aspen City Council March 26, 1979 Mayor Standley called the meeting to order at 5:00 p.m. with Councilmembers Anderson, Behrendt, Van Ness, and Isaac present; also present were City Manager Mahoney and City Attorney Stock. MINUTES Councilman Isaac moved to approve the minutes of February 22, and 26, 1979; seconded by Councilwoman Anderson. Councilman Isaac asked the last line on page 2581 be changed to read "cars of a lower price" rather than profile. All in favor, motion carried. CITIZEN PARTICIPATION Jeff Sachs handed out a proposed ordinance on density bonus for employee housing, which Employee Housing the P & Z had adopted two weeks ago. This did not get on the Council agenda and it is Regular Meeting Aspen City Council March 12, 1979 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the General Municipal Election to be held in the City of Aspen, Colorado, on Tuesday, the 8th day of May, 1979, there shall be submitted to a vote of the qualified, registered electors of the City, the following questions as set forth below, which question shall be similarly stated in the Ballot Label and Notice of Election. FORM OF QUESTION VOTE FOR ONLY ONE ~F THE FOLLOWING Shall the City of Aspen impose a Land Transfer Tax'on transfers of real property located within the City, which tax shall be in the amount of one-half of one per cent (1/2 of 1%) of the consideration ~' ~eceived far the ~ansfe~ and the :prOceeds Of Which tax will be used only for the purpose of renovation, reconstruction and maintenance of the Wheeler Opera House and for the purpose of supproting the visual and performing arts. 1. For 2. Against Section 2 Those qualified, registered electors of the City who are qualified to vote under the Constitution and the Charter of the City of Aspen, shall be allowed to vote on the proposed question. Section 3 The election on the proposed question will be held at the designated polling places within the newly established voting precincts between the hours of 7 a.m. and 7 p.m. on Tuesday, May 8, 1979, in the City of Aspen, Colorado. Section 4 The election of the proposed question shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City COuncil of the City of Aspen. Section 5 The provisions of registration of electors and for voting by absentee ballot on the question of the proposed question shall be in accordance with the Colorado Municipal Election Law. Section 6 The votes at said election shall be registered on voting machines and the ballot label shall read similarly to the form of question provided in Sec. 1 Section 7 The election on the question of the proposed land trasnfer tax shall be held and conducted, and the votes cast on the question afresaid shall be returned and canvassed, and the result declared in the same manner as nearly as may be provided by law for the return, canvass and declaration of the offiCers of the City of Aspen. Section 8 The notice of the election on the proposed land transfer tax shall be published in the Aspen Times ~ a newspaper published and of general circulation in said City, and a copy of such notice shall be posted at each polling place with the City, at least ten (10) days before the election. The City Clerk is hereby charged with the duty of giving such notice containing such information as is required by law. Councilman Behrendt moved to adopt REsolution #6, Series of 1979, changing land transfer tax to real estate transfer tax; seconded by Councilwoman Anderson. All in favor, motion carried. MAYOR'S DEED - Lyle Reeder/Unit 203, Aspen Wild Condominium Mayor's Deed Councilman Behrendt moved to approve the Mayor's Deed and authorize the Mayor to sign it; seconded by Councilwoman Anderson. All in favor, motion carried. Councilwoman Anderson moved to adjOurn at 9:15 p.m.; seconded by Councilman Van Ness. All in favor, motion carried. Kathry~S'. Koch, City Clerk Regular Meeting Aspen City Council March 26, 1979 Mayor Standley called the meeting to order at 5:00 p.m. with Councilmembers Anderson, Behrendt, Van Ness, and Isaac present; also present were City Manager Mahoney and City Attorney Stock. MINUTES Councilman Isaac moved to approve the minutes of February 22, and 26, 1979; seconded by Councilwoman Anderson. Councilman Isaac asked the last line on page 2581 be changed to read "cars of a lower price" rather than profile. All in favor, motion carried. CITIZEN PARTICIPATION Jeff Sachs handed out a proposed ordinance on density bonus for employee housing, which Employee Housing the P & Z had adopted two weeks ago. This did not get on the Council agenda and it is ~gu±ar lv~eu~ng Aspen ulty uouncz± March 26, 1979 Public Hearing onii PUBLIC HEARING ON MALL EXPANSION/DOWNTOWN BEAUTIFICATION AND PARKING Mall Expansion & ii Bs~utification '~ Karen Smith, planning director, reminded Council that since December they have been invol- i ~ ved in a planning process that goes beyond mall expansion. It looks at the entire down- town as a functioning unit, which is in response to input received by Council from down- town merchants. Groups like the Pitkin County Parks Association were very interested in %,,~ promoting sprucing up the appearance of the entire downtown; the off-mall areas should be as accessible and attractive to pedestrian as the mall area. The parking study also needed to be tested with results from the peak season. The planning office sent out ~ proposals to various consulting groups to look at (1) improvements to the off-mall areas, (2) parking circulation, (3) improve the function of the existing mall areas, and (4) expansion of the mall. Gage Davis of Boulder was hired and put together a team because ~ of their look at the functioning downtown and because of experience in the Boulder mall. Gage Davis had numerous information gathering meeting with merchants, staff, and interested groups. The consulting team has a recommended alternative to present to Council. Nolan Rosall, Henry Beer, and Bill Zmistowski, were present to go over the recommendation for Council. Rosall presented a slide show and told Council they had viewed the entire downtown area as a functional unit; the felt the need existed to address a whole range of issues, circulation - automobile, pedestrian, biker, transit riders, need for solving parking problems, beautification~ in general. Some of the slides dealt with the current problems of snow removal; they need to deal with ease of getting equipment around, In looking at the existing mall, one of the items to be addressed it ease for getting equipment into and around to be properly maintained. Other problems to be addressed is the drainage system, cross movement. They would like to reduce the linearity, change the benches so they become seating areas. R~saI1 noted the alley problems having come up, snow accumulating along the sides of the buildings, fire escapes intrude and dumpsters are stored in the alley. All these things make it difficult to get through. Each alley needs to be dealt with. Some of the inter- section have difficult in trying to organize pedestrian movement, and these need to be dealt with. Rosall said there is a need to find adequate parking and organize movements so that it is easy to understand. The overall beautification and mall expansion will work~ for everybody if done properly. The plan summarizes a lot of different elements. Main, Mill, Galena and Durant are the major auto circulation and entrances and should be upgraded visually. There is a need to upgrade the major pedestrian accesses into the downtown. Rosall showed slides on how the sidewalk treatments would be done to facilitate movement. Class A is a 12 foot sidewalk with landscaping at 25 foot intervals, introducing brick for variety. Class B is full 12 foot but does not introduce brick; type C is merely re- placing the sidewalks existing now. There is a need to upgrade streetlights; there is only one light per intersection, and they would recommend another light at each intersection. There could be a parking structure at the Rio Grande with 400 parking spaces plus the integration of a bus terminal with a shuttle running along Galena. There will be two one- way systems Galena and Mill and Galena and Hyman which add about 30 spaces to the system. There are problems with the verticle transition from the Rio Grande lot to town. On the south side of town, Rubey park looks like the major area for enhancing the parking,~ and is the major bus stop area now. Rosall said in.the morning, during peak loading, Rubey park would serve as a transit stop; then the buses could use the Durant avenue side and the parking lot could be used for short term parking. This would add about 45 parking spaces; this with the 30 additional spaces on the one-way system would add a total of 75 parking spaces. Closing Cooper and Galena would lose 50 parking spaces for a net gain of 25 parking spaces. Galena would be used as a major shuttle between Rio Grande and Rubey, and Mill street would be a primary pedestrian access. Rosall reminded Council they had looked at three alternate plans and are recommended plan A, which closes both Galena and Cooper. Independence Square would be a primary feature as would be the Wagner Park node. These would be strong statements of interest on Cooper and are important to increase activity on Cooper, and would develop an east-west movement. There could be a bandstand at the Wagner Park side which could be used for all types of performing arts. Rosall told Council he felt that Independence Square is a very important part of the program and is a center part of the mall. This area could be developed in different ways. The area around the Wheeler Opera House is a major entryway and the Wheeler is a magnificent building. On the existing mall some improvements might be to break up the linear pattern by facili- tating the cross movement. They will widen the bridges to 8 or 12 feet, and move the benches into the bridge areas to get the emergency lanes functioning and get the mainten- ance crews in more readily. It is important to maintain a pedestrian access from Cooper street onto Rubey parking area and the transit stop. They plan to permit landscaping from the Wiener Stube to move out into the mall area. They plan to open up the cross movement; the benches would be group and not just lined up. Wes Frysztacki of PBQ&D reminded Council their role was to look at the overall parking situation in the central area in conjunction with the transit development program. Over the last six months, they have tried to identify what the parking problem is and did two surveys, one in September and one in December. One of the findings is that 26 per cent of people parking in the central area came from within the central area; 15 per cent came from Silverking area; 15 per cent came from down valley; and 10 per cent came from Snowmass. One of the solutions would to be offer increasing transit services to these distinct places. Frysztacki said from the survey they found that over 50 per cent of the people parking in downtown were parking for less than half an hour and only 3.5 per cent of the parking supply is regulated for that time period. One of the recommendations would be to look at the timed regulations and the supply and demand. Some of the long term parkers are parking in the premium spaces. They are suggested that because of loss of long term parking, one of the solutions might be a new parking structure. From the survey, it was indicated that 75 per cent supported the structure, and 64 per cent said they would use a parking structure and shuttle connected with the core area. Regular Meeting Aspen ~lty ~ouncll March ~b, ±~/~ PBQ&D looked at several locations for a parking structure and are recommending Rio Grande~i with Rubey park as a second alternative. The cost of undergrounding at Rubey would be extreme and could get up to $20,000 per space. At Rio iGrande, the structure could be partially above ground and could be designed to fit into the topography. This structure could be built for $10,000 per space. During the construction at Rubey, which could be a year or more, there would be disruption with Rubey and with Durant street. If Rubey park was used as a parking structure, people would still have to go through the downtown to get there, which would add to the congestion. Also, using Rubey park and having Duran~ be transit oriented, there would be conflict with the access to the parking structure. Frysztacki presented a schematic for a structure at Rio Grande, which they would like to integrate with the transit development program. The envelope identified could be expanded to include 820 cars. The structure would have four levels, three for parking for 405 cars with 135'spaces per level on 50,000 square feet. The parking aspect would cost in the neighborhood of $4,500,000. The other level would be a transit terminal with elevators to the lower levels. Frysztacki said he is not recommended that Rubey Park be eliminated; it would still be a major skier access and transit stop. These will be covered in more detail at the public hearing on the transit development program. Mayor Standley opened the public hearing on the mall expansion and asked for written objections. 1. Jeff Sachs noted that one of the key elements appears to be acquisition of IndependenCe Square, and asked what the status of acquiring the property is. Mayor Standley said the City has been in discussion with the Volk family for several years. City Manager Mahoney iAcquisition of said in order to get the property, the City has to have a mall otherwise the lease is Independence Quar~ valid; the lease is terminated if they cannot sell gas. Mahoney said the V~lks have been friendly to the City and the program the City is trying to do. One of the suggestions has been to retain the present footprint of the building and they might donate the rest of the land. The City has had the property appraised at $60 per square foot. 2. Hal Clark, member of the sub-committee on the mall, commented he was very impressed with the work that has been done on planning the entire downtown area. Clark suggested the program of looking at improvements in the downtown area should be reviewed by the P & Z. Secondly, the ballot language ties the beautification program into the mall expansion and asked if it had been changed. Mayor Standley said this will be changed later tonight. 3. Bil Dunaway said he liked alternative A and Independence Square, but questioned the need for a performing arts center at Wagner. It is better to let people perform haphazardly. 4. Marvin Jordan asked if there is a possibility of Council reaching a decision on a parking structure before the May election. Curt Stewart, transportation planner, told Council the hearing on that would encompass the entire TDP and is tentatively scheduled for the en~ of April. Mayor Standley said the City will have to look at how to make a Parking parking structure financially feasible. Structure 5. Brian Harper, owner of two properties on the proposed mall expansion, commented on the alleys behind the mall. Harper said he is concerned that there is not enough More Policing policing activity going on in the alleys. Harper said cars park in there and people leave Activity Needed them there. There ought to be some thought given to the traffic flow and congestion in Alleys through the alleys. Mayor Standley said this is a good point; the City knows there is a problem with the alleys. There is a need for stepped up enforcement and better downtown traffic control. Mayor Standley closed the public hearing, Councilman Behrendt said he felt the plan for Cooper and Galena seem to be fairly dull. Councilman Behrendt pointed out that historically the Rio Grande has been set aside for performing arts center. The City ought to maintain the possibility of using this site for this center. This performing arts center has been discussed in conjunction with a parking structure. Rosall commented the design for Cooper and Galena was created for an area for a lot of activity to take place. The design does not need to be monumental. A too strong design tends to compete with the activities taking place. Councilman Isaac said as a conceptual plan, this is very good especially the transportation center and the parking structure. Councilwoman Anderson asked if the City has problems getting Independence Square, what are the alternate plans. Rosall said the City could go back to alternatives B or C. Rosall said he felt the acquisition is a tremendous opportunity. Mayor Standley pointed out said Council would be acting on Resolution 98(b), which is the one that indicates the City has ~eceived less than 50 per cent objection from the adjacent land owners protesting the mall. The City has no objections on file at this time. Councilman Isaac moved to read Resolution #8(b), Series of 1979; seconded by COuncilman Behrendt. All in favor, motion carried. RESOLUTION #8 (Series of 1979) Pedestrian WHEREAS, a public hearing has been conducted on March 26, 1979, to deter- Mall Question~ mine whether or not to establish an additional pedestrian mall in the Aspen commercial core as proposed in Resolution No. 1, Series of 1979, and WHEREAS, the Aspen City Council, after considering the record of the proceeding, and written presentations from abutting property owners and the public at large in favor of or opposing, objecting to, or protesting the proposed pedestrian mall, has determined that: . ~egu±ar Meeting Aspen City Council March 26, 1979 1. Ail notice requirements prerequisite to said hearing as required by Section 31-25-405, C.R.S. 1973, as amended, the Colorado Public Mall Act of 1970, have been satisfied, and the public hearing properly conducted, 2. Written objections and written protests to the establishment of the proposed pedestrian mall have been filed by owners of lands abutting the proPosed mall representing 0 per cent of the frontage of the proposed mall, which protests and the question of establishing the proposed mall need not be submitted to the electorate for approval, however, consistent with Resolution No. 2, Series of 1979, a referendum shall be held on said question, and 3. Proceedings should continue to establish the proposed mall all as described in the said Public Mall Act of 1970. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That ~the City Council does hereby determine that the following portions of the public streets within the City of Aspen shall be established as a pedestrian mall.: (a) That section of Cooper Avenue from Galena Street to Hunter street; (b) That section of Galena Street from Hyman Avenue to Cooper Avenue; (c) A portion of the intersection of Hyman Avenue and Galena Street; and (d) The intersection of Cooper Avenue and Galena street. All as more particularly described in Resolution No. 1, Series of 1979. BE IT FURTHER RESOLVED that if a majority of those voting on the question submitted by Resolution No. 2, Series of 1979, vote in favor of establishing such proposed pedestrian mall there be presented to the City Council for its consideration and first reading on May 14, 1979, an ordinance prohibiting (in whole or in part) vehicular traffic on such mall areas, prior to which time there shall be filed with the City Clerk any and all claims for damages authorized by Section 31-25-406, C.R.S. 1973, as amended. was read by the city clerk Councilman Van Ness moved to adopt Resolution #8, Series of 1979; seconded by Councilwoman Anderson. Councilman Isaac noted the public had not made any comments as to what their problems are, and he would to hear if there are problems. Councilman Van Ness said he was uneasy about this as it seems to give Council carte blanche to institute the mall regardless of the election. Mayor Standley said, technically, the City has that right. Councilman Van Ness said he would like to pin the Council down by including language that if the voters approve the mall, the City will go forward, and if the Mall proposal is defeated the City will terminate all proceedings. Stock told Council the City has the power and is going ahead under the Public Mall Act, yet the resolution incorporates the commitment Council has made twice of taking this question to the voters. Section 2 of the resolution reaffirms Council's belief in the referendum stated in Resolution No. 2, and is brought out again in the final paragraph. All in favor, motion carried. Councilwoman Anderson moved to reconsider Resolution 95, Series of 1979; seconded by Councilman Behrendt. All in favor, motion carried. Councilwoman Anderson suggested to amend the question in Resolution #5 by striking "in the event question No. 1 is approved" so that downtown beautification is separate from the mall question. Councilwoman Anderson would like it to read "Shall the City of Aspen be authorized to issue its g.o. bonds in the principle amount not exceeding $1,000,000 for the purpose of downtown beautification, excluding the mall, but including but not limited to " Councilwoman Anderson moved to adopt Resolution #5 as amended; seconded by Councilman Behrendt. All in favor, motion carried. Parking Parking Councilman Behrendt reminded Council they had killed the parking regulation changes to see what the study recommendations would be. It has been pointed out if slight adjustments were made, this would satisfy 75 per cent of the people coming into town to park and double the parking turnover. Councilman Behrendt moved that Council ask the administration to change the two hour park- ing in the area described on the Aspen downtown map to One hour and ask them to provide some 15 minute or half hour, whichever they see fit, parking in the access lines up close to the mall; seconded by Councilwoman Anderson. Councilman Van Ness said he did not feel the survey was done in the best possible way as how long people actually parked was not monitored; they asked people how l°ng they plan to be parked. Councilman Van Ness pointed out all parking allows 15 minutes; nothing states you ca~not park less than the limit. Councilman Van Ness said he did not think it is a good idea to change the parking. Councilman Behrendt made a substitute motion to ask the administration to prepare a plan along the lines described and bring it back to Council; seconded by Councilman Van Ness. All in favor, motion carried. SUBDIVISION EXEMPTION - Cooper Street Partners Subdivision Exemption Richard Grice, planning office, told Council this ~pplication is for the condominiumization Cooper Street Partners of a new duplex constructed on Cooper between Cleveland and West End, The property is zone R/MF and allows for duplex. The engineering department has reviewed this and Regular Meetinq Aspen City Council March 26, 1979 approved it subject to correcting the deficiencies in parking spaces and entering into recommended covenants for participation in public works improvements. This is a new duplex and has never been occupied so that Ordinance 39 has been adequatly satisfied. P & Z reviewed it and recommended approval subject to conditions outl'ined by the City engineer and the six month minimum lease restriCtion, which is required by the R/MF zone. Councilman Van Ness moved to approve the cond0miniumization given the increase in parking spaces, the electric and communications easements and the agreement to join a district for improvements plus the six month minimum rent restrictions; seconded by Councilman Behrendt. All in favor, motion carried. CENTRAL RESERVATION SPACE REQUEST Central Reser- Mayor Standley told Council discussions had been going on with condominium managers, the vation Space Chamber, and the two skiing corporation regarding trying to get a central reservation Request group back together. Neil Bennett told Council he was on ~a Committee with 3 members from the Lodging Association, 3 members from the condominium managers association and Jeri Fox. They have been discussing the central reservation system, is it working both for the lodging side and guest satisfaction. They feel there is a lot of guest dissatisfac- tion. The ski corporations did an extensive survey and decided to try and get together a proposal, which they have presented and which has gotten a lot of support. Bennett said they are looking for space, which they would like to get from the City as a contribution to this community-oriented system. Bennett said for this to be successful, the entire community has to be involved. Also, they have proposed a rating system for the lodging communitY feeling there have been comments made that the lodging community is not doing its part in keeping its facilities current. The skiing corporations have indicated they will not support this if there is not a rating system involved. An independent firm would be hired to do the rating. Jeri Fox told Council the last rating cost about $15,000. Bennett told Council that ARI worked well when run by the Ski Corp because it was not profit oriented. When ARI sold it was run as a tour operator and central reser- vations and they had packages on which they could make commissions. The packages became a convenience item plus a $10 service charge. This year the arrangement reached its peak ~ in dissatisfaction from both guests and lodge and condominium owners. The airlines do not want to book into ASpen. The concept for this is not to sell anything but to have a guest oriented system. They have projected a $200,000 budget and the lodging community will pay $80,000; hopefully the City wilt ~ontribute free rent and utilities which represents about $30,000; the ski corp- orations have been asked to support abOut $50,000 and there will be some in-kind support from the Chamber. Councilman Van Ness said this proposal would be taking tax payers money and using it to support one group in town, the lodging community. Mayor Standley pointed out if the beds are not filled, no one makes any money. If the City supports that, they are suppOrting every other business in town. Councilman Behrendt said Aspen's main indus- try is in disarray in terms of promotion, reservations, organization; and the cost to the City in terms of lost income is fairly substantial. Bennett pointed out this is not a lodge-owner system but a community system. The lodging community'will not diCtate how it is run. Bennett said he felt this is an absolute necessity. Councilwoman Anderson said she agreed this is needed and would like to see the City donate the space. Councilwoman Anderson requested that this group give out other information, too, like encourage people not to rent cars from Denver. Bennett said there would be a director and assistants and they would ask that the Chamber over see it, and it would be guided by a board of directors. Councilman Isaac asked where they is space for this. Mayor Standley suggested the Lift One building. Councilman Isaac said he would support this if the lodges will break away from Saturday to Saturday lodging. Bennett said the lodges have been trying to get off this for a long time. Councilman Behrendt moved that the City contribute the space at the Lift One building and ~ pick up the utilities and other miscellaneous expenses like that involved; seconded by Councilwoman Anderson. Councilman Van Ness said the City should be careful not to tie up the space at the Lift One for a long period of time and would like to put a time limit on it. Jeri Fox said when the Wheeler is remodeled, a lot of space allocated to the Chamber will change and there maySbe room there. Ms. Butterbaugh asked Council to define utilities. Mayor Standley said this would be electric and water. All in favor, motion carried. Mayor Standley said Council would discuss the rating system of the lodging when they had a concrete proposal. Mayor Standley asked Bennett to go through the condominiums and identify how many have come out of the rental pool in three years and how many are owner- occupied. This information will be distributed to Council. There has been an attrition of units going out of rental as they get more expensive. Subdivision SUBDIVISION EXEMPTION - Muckenhirn Exemption- Richard Grice told Council the engineering department has reviewed this and initially Muckenhirn suggested a condition of an easement dedication. P & Z approved the subdivision subject to that condition. Since that time, Dan McArthur contacted the utilities companies and satisfied that condition. Grice recommended Council approve the subdivision exemption subject to a six month minimum lease. Councilman Isaac moved to approve the subdivision exemption condit~ion upon a six month minimum lease; seconded by Councilman Behrendt. All in favor, motion carried. Regular Meeting Aspen City Council March 26, 1979 ~SNO Employee KSNO EMPLOYEE HOUSING SPECIAL REVIEW iHo~ing Special i ~ Review Jim Reents told Council this is an application under the employee housing exemption from growth management. KSNO proposes to replace their current square footage of commercial space in the C-1 zone, 1500 square feet, with a new structure and build out to their permitted FAR, 1:1, but also use the FAR bonus for employee housing and buildout to 1~5:1 using all the additional space for employee housing. The application proposes six studios and one two-bedroom unit. Three of the studios will be low income and three moderate income; the two bedroom will fall into the middle income category. Council still has not defined what low, moderate, and middle are in terms of an income range or anything. The units will be rented at below market; the planning department suggests the rental price guidelines and the definitions should be fixed in a similar manner to a subdivision agreement. The rental prices on the individual units should be fixed for 50 years and there should be a six month minimum lease. The applicant is also requesting an exemption from the definition of subdivision with the condition that, if in the future they condominiumize, they will be required to go through full subdivision. The other problem presented is that of parking. An FAR bonus was applied to CC, C-l, and O, office, but the parking requirements for residential units was not looked at. The lot is 4500 square feet and they can only fit a certain number of parking spaces on level groundl Providing parking underground or at ground level would be a cost ratio of them ending up in a complete loss. They are requesting suggestions as how to proceed to remedy this. They are proposing 4 parking spaces on site, the Code requires 9 parking space. The trade off would be trading employee units for parking spaces. One alternative could be leasing space elsewhere for parking spaces. Mayor Standley suggested requiring the lessee to bring in in writing something to prove that he has provided for his vehicle. Mayor Standley said this is a good project and he would not like to lose it for 5 parking spaces. Reents pointed out to Council the City is not using the County's housing director, and there is no administrative program for this housing. Stock said he is working within the building department to handle this. Reents told Council without a code amendment, the applicant will have to go to the Board of Adjustment. Councilman Behrendt moved to grant subdivision exemption given the guidelines and recom- mendations with 50 year restriction requirement, and have the documents drawn up and brought back to Council; seconded by Councilwoman Anderson. Councilwoman Anderson asked what the applicant planned to do with the existing structure. Reents said he had discussed this with the architect, and they have expressed some willing? ness to provide it as additional employee housing, if the City can find the spac~ for it. All in favor, motion carried. Councilman Isaac moved to recommend to reduce the required amount of parking to one-half parking space per bedroom unit; seconded by Councilwoman Anderson. The reason to do this is that it gives the City six employee units, which they would not have. All in favor, motion carried. Parks Capital PARKS CAPITAL IMPROVEMENT REQUEST Improvement Request City Manager Mahoney reminded Council during the budgeting process, Council wanted to know~ what the parks department was going to do with $80,000 and asked that they come back with a program. This money is unappropriated in the sixth penny. Mayor Standley aSked'if the money for the tree program was all around town, not just parks and mall. Mahoney said this is in the program. Councilman Behrendt asked how the City planned to maintain these trees. Mahoney said the City has just extended the ditches. Mayor Standley said the City can develop the program. Councilwoman Anderson asked how this would fit into the downtown beautification program. Mahoney said the City needs replacement trees all over. Mayor Standley said none of the trees for this program should be planted until after the election so that the City knows what is going on, and this should be coordinated with the mall planners. Mahoney told Council the money for the Moore pool and concession roof is important as the roof is leaking in and is wrecking the tile. Mahoney said he felt top dressing with peat moss and sand is the best way to go with Wagner park. Mahoney said the City might have to do the topseeding every year. Mayor Standley asked Why Mahoney decided to go with deciduous trees in NO Name rather than conifer. Mahoney said there are some conifers coming for the park, and there are ponds there to water then. Mahoney told Council the money for the Moore Pool boiler repairs has gone from $4500 to $6,000 because they are not making the parts any more. Councilman Isaac pointed out on both ends of the Hopkins Street bridge there is lots of gravel and no one can ride a bike over it. Mayor Standley said if this bridge is going to be repaired, then the ends should be blacktopped. Also, the bridge should be allowed to drain so that it doesn't warp again. Councilman Behrendt moved to approve sixth penny money for parks improvements; seconded by Councilwoman Anderson. All in favor, motion carried. Water Plant WATER PLANT HOUSING PROJECT t Housing Project Don Ensign presented a new tope, showed the utility easements and the 50 foot setbacks, this comes to about 3.2 acres, which will be comfortable for 60 units. Ensign used the City's standards for sizes of units and came 'up with 500, 750, 1,000, and 1250 square feet for studios to three-bedrooms. If the units are standardized, it will cut building costs. These will be arranged in pods, like a tinker-toy Configuration. It will be essential to keep the development costs down~~ Renu±ar Meetinq Aspen City Council March 26, 1979 Ensign assumed the buildings will be two and three floors. On the site plan, Ensign showedi a bus turn around to serve both hospital and sites; showed pedestrian links, and access to i~ the units, and special landscape features. Mayor Standley pointed out from up above, by ~ the pipe yard, this project will not be able to be seen because the elevation is higher than the highest building. Ensign said he had tried to hold the buildings back from the road to make it fairly unobtrusive. The parking will be broken up into little bays; it has been treated so that people don't feel they are driving through a parking lot. The !~ illustration is 75 dwelling units; 22 studio, 15 one-bedrooms, and 30 two-bedrooms, and 8 three-bedrooms with the assumption of two parking places per unit. Councilman Behrendt pOinted out there was already a necessary bus loop at the hospital and~ it is so close to walk, maybe both loops are not needed. Ensign showed another plan with the parking massed over utility easements, and the units clustered around open space. Ensign said he felt best about alternate 1 and it could handle more units. For a studio of 500 square feet, construction costs of $33 per square foot is absolute bottom for a total of $16,000 for a studio; $25,000 for a one-bedroom; $33,000 for a two- bedroom and $41,000 for a three bedroom. In the alternate 1 it would total uP to $2,500,00~0 aRdlwith site development and management this would bring the total to $2,800,000 and does not include financing and taxes or any margin. If everything is included, the cost of a studio would be inftated~!up to $35,000 to $40,000 there would be a rent structure that would not retire the debt. Ensign said the next step will be to talk to the developers and see what kind of financing demands they have. Mayor Standley said the City should wait and see what the developers approach is so that the figures can be refined. If the studioes are $300, is the City really serving a need. If that is the case, maybe the City does not have a legitimate project. Councilman Isaac noted the Council had been talking about 60 units and this is up to 75. Also, if there is just a bus loop to the hospital, the buildings might be moved to the flats. Mayor Standley said H. J. Stalf should look at this as the further the bus is moved away, the less likely people are to use it. Mayor Standley said the City will show Ensign'is preferred alternative and find out if any developers are interested and if they have any recommendations. Councilman Isaac asked if the City is still working on annexing this. Mayor Standley said yes. USE OF OBERMEYER BUILDING Use of Obermeyer Building Mayor Standley remind, ed CounCil when they entered into a ~esolution of Intent for the Obermeyer Industrial Revenue Bonds, one of the thoughts was Obermeyer's old building might have uses to the City. It is 100 feet by 100 feet with a 4 inch poured floor, and is in the only area zoned for transportation and City shops. The staff has looked at the build- ing for priority uses; the Council wanted to have some idea to see if there were interested before the final ordinance is done. H. J. Stalf told Council he felt it would be beneficial for transportation as a maintenancel facility; they would still need a storage facility. This could be a maintenance faCility for 6 to 8 buses and a washing facility; it would cost about $100,000 worth of improvementsli. The City would have to own the structure in order to have UMTA participation. Mayor Standley said Klaus Obermeyer is not interested in selling it because of capital gains. Councilman Van Ness asked how pressing is the problem with the shop under the bridge. City Manager Mahoney told Council this is a different issue; there will have to be a roof built on the old building and garage doors put on the shed. Mahoney said unless the City takes on a lot of annexation and has a need for additional equipment, the City can get by with the shop for the next 2 or 3 years. Mahoney said transportation and shops both need facilities, but he felt this is more compartmentalization of departments than he wanted. Councilman Behrendt said he felt $50,000 a year rent is a fair amount of change. Council- man Behrendt said he felt the negotiations have not been opened enough to discuss this. Mayor Standley said the city has to tell Obermeyer if they are interested and start workingl on this. Mahoney told Council that transportation will have to make a decision in the next year about building a facility, Stalf said the transportation department is getting to the point where they are really strapped for a facility. Councilman Isaac said the City ought to see what Obermeyer is willing to go with; the building is there and it could be useful. Stalf told Council he has $300,000 from the Ski Corp to put into a new main- tenance facility as long as it is done before 1982. HIGH SCHooL REQUEST FOR BUS TO GRAND CANYON AND CANYONLANDS iHigh School Reques H. J. Stalf told Council he did not have any problems providing this service and a couple ifor Bus to Grand of supervisors are interested in going. Mayor Standley said if the City charges $25 a !Canyon & Canyon- head, it will be covered. Stalf said these are costs for pay, fuel.!and any insurance ilands riders. Stalf said it is figured that the cost of $.16 per mile for maintenance. Mayor Standley suggested running the bus at whatever operating costs are, fixed and variable. Councilman Behrendt moved to give the buses to the high school at whatever operating costs are, fixed and variable; seconded by Councilwoman Anderson. Councilman Van NeSs said this should be done the same for everyone. All in favor, motion carried. SKI CORP BUS AGREEMENT ,~. !Ski Corp Bus Stalf said he would like to do an addendum to the Ski Corp bus agreement at basically the !Agreement same rates but increased service. The Ski Corp wants two more buses on the road and Stalf . recommended a reserve bus. Stalf said he wanted three more buses to run at $40,000 per year for the equipment. The Ski Corp guarantees $30,000 per year and $150 per day for each day they are run for the cost of equipment. .Stalf said he has.to order the buses to have them in time for the winter season. Mayor Standley told Stalf ~o have the agreement ready for Council. SCHOOL DISTRICT BUS AGREEMENT ~ i Sckool District Bus Agreement Stalf told Council he and the City Attorney had met with the school district, and they have told the City they plan to abandon some of their school bus routes and the problem will be Regular Meeting Aspen Caty Council March . will be on the kids and the City. The school district did tell Stalf they would give him ~ their equipment to trade in for new buses. The changes the City would have to do is to ! double the Silverking route; this would probably be necessary even if the school buses keep '. running. That would be the only daily addition, and the rest of the service would be worked ! abound using ski buses when they are not being used for skiers. This would require an additional three buses. Stalf said the buses would be integrated with the school times and the skier buses. Stalf said the School District is willing to talk to Council about several things, ancluding subsidizing the Ice Graden, turning over one of the schools for employee housing, but they are very cash short. Mayor Standley told Council he had discussed the issue with the School District of taking over the entire bus system with compensation. The City then would be able to provide bus system to Woody Creek and Lenado for everyone not just school kids. Mayor Standley said he felt this is premature to bring to Council as the school district has not worked every- thing out. Councilman Isaac said he felt if the City takes this over, there should be some compensation. ORDINANCE ~18, SERIES OF 1979 - Appointment of Council Vacancaes Appt. of Council Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Vacancies the public hearing. Councilman ~Uan Ness moved to read Ordinance ~18, Series of 1979; seconded by Councilwoman Anderson. All in favor, motion carried. ORDINANCE 9 18 (Series of 1979) AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, AN AMENDMENT TO THE CHARTER OF THE CITY PROVIDING THAT VACANCIES IN ELECTIVE OFFICES SHALL BE FILLED BY APPOINTMENT BY THE REMAINING COUNCILMEMBERS UNTIL THE NEXT GENERAL MUNICIPAL ELECTION AFTER SUCH VACANCY OCCURS, WHEN SUCH VACANCY WILL BE FILLED BY ELECTION was read by the city clerk. Councilwoman Anderson moved to adopt Ordinance #18, Series of 1979, on second reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Anderson, aye; Behrendt, aye; Van Ness, aye; Isaac, aye; Mayor Standley, aye. Motion carried. Real Estate ORDINANCE #20, SERIES OF 1979 - Real Estate Transfer Tax Transfer Tax Mayor Standley opened the public hearing and told the Council that City Attorney Stock has put eight amendments to the ordinance resulting from input. ~ Jeff Sachs noted there as a provision that the Council cannot appropriate in excess of ~ in without to vote of the electorate. Sachs said he felt that $100,000 a year going a $100,000 is a lot of money and perhaps it should be $75,000 to $50,000. This is a reserve fund, and the fund as established for groups to come in with proposals. Sachs said he would like to see the fund cut down so that if the reserve is very large, there is something for the smaller, less organized groups to come in for. Sachs said his only arguement with the ordinance is the $100,000 which is in excess of funds used for the Wheeler. Mayor Standley said he used the $100,000 figure because it was about the number that Council is currently donating to the various arts groups and prelects. This would remove all the arts from the Council contributions so they are not competing with groups like the ambulance, visiting nurses, etc. Mayor Standley said he felt this was a good way to get the two separated. Bill Stirling told Council he had polled the Aspen Board of Realtors, which represents 210 members. There is a question as to whether every available source of funding had been exhausted; it seems there is some credibility of involving the private sector an the purchase of the Wheeler. Stirling asked if the Realtors were an favor of preserving the Wheeler, and 100 per cent answered yes. Stirling asked if yes, what do you favor as the approach to financing and 70 per cent perferred having this accomplished by the private sector. The last question was if the real estate transfer tax is the only choice on the ballot, the Board of Realtors voted 65 per cent the ordinance should have the following requirements; (a) the tax cannot be raised, (b) limited to 1/2 per cent, and (c) Sl00,000 or less is the spending limit. T~e~Realtors also~ required that a.~time~ limit be. placed on the tax, either 20 or 25 years. They will vote ~n favor of the ordinance if those are added. Stirling told Council there is a lot of research continuing to be done on the possibility of private sectors options for buying and restorang the Wheeler. Mayor Standley said he had no problems with adding the time limit as long as it would service the bond debt and was acceptable to the bonding agency. Mayor Standley said through various meetings, this ordinance is being tailored to the real estate community. Mayor Standley said he did not feel it would be fair for the Council to make the concessions requested, and then have the realtors turn around and lobby against it. Mayor Standley agreed if given enough time, some other mechanism could be found; the point is nothing has turned up in the last six years and even further back. The need is really critical now in terms of preservation of the major art groups in the community. Stirting agreed that everyone would like to see it restored; they feel than more than just the City should be able to participate in paying for the Wheeler. It is a City building and it will benefit the entire commuhity. Bob ,Throm told Council the private sector position is not dead; politically, they felt it would not make sense to have two issues on the ballot - one about the private sector. The caveat on the private sector is that the Council would have to, v~a a special election, would agree to sell the Wheeler to a private concern. That private concern would lease back to the City for 30 years the Wheeler and then give the property back to the City of Aspen. Throm told Council there are some investors who are ready to make that proposal. Throm said the best thing to do right now Reqular Meeting Aspen ~lsy ~ouncll ~arcn z~, is to wait to see if the real estate transfer tax passes. Something has to be done to preserve the Wheeler. The private sector proposal would preserve the structure and the opera house; it would not work by preserving some of the other tenants. Sachs pointed out this real estate transfer tax would not only preserve the Wheeler but would give funding to visual and performing arts in the community. Stirling pointed out there was a lot of sentiment in retaining one of the uses as a movie theatre. Mayor Standley said that is one of the recommendations of the Wheeler Task Force. Mayor Standley asked if anyone on Council objected to adding the 20 year time limit. No one objected. Stock said he would add a section to have the termination date the first day of January, 2000. Mayor Standley pointed oUt the Council is presently cash contribu- ting $60,000; rents $16,000 and transportation at $16,000 for a total of $92,000 so that the $100,000 is not far from where the Council contribute right now. Sachs said on the assumption that the tax turns out to be fantastic, the City will have to do something with the residual funds at the end of 20 years. Mayor Standley said at the end of 20 years, the options will be there. Mayor Standley closed the public hearing. Councilman Isaac moved to reconsider Resolution 96, Series~of 1979, to change the title to Real Estate Transfer Tax; seconded by Councilwoman Anderson. All in favor, motion carried. Councilman Isaac moved to amend Resolution #6, Series of 1979, to change the question to "Shall the City of Aspen impose a R~al Estate Transfer Tax "; seconded by Council- woman Anderson. All in favor, motion carried. Councilwoman Anderson moved to read Ordinance #20, Series of 1979, as amended; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~20 (Series of 1979) AN ORDINANCE IMPOSING A REAL ESTATE TRANSFER TAX UPON THE TRANSFER OF Real Estate INTERESTS IN REAL PROPERTY AND PAYABLE BY THE GRANTEE; REQUIRING THE Transfer Tax COLLECTION OF SUCH TAX BY THE DIRECTOR OF FINANCE OR HIS AGENTS; EXEMPTING CERTAIN TRANSACTIONS FROM THE TAX IMPOSED AND ESTABLISHING PROCEDURES FOR ACQUIRING A CERTIFICATE OF EXEMPTION; PROVIDING FOR THE APPLICATION OF FUNDS TO LIMITED USES; ESTABLISHING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE AND FOR THE CREATION OF A LIEN ON THE PROPERTY TRANSFERRED FOR THE AMOUNT OF THE TAX UNPAID; NAD MAKING THIS ORDINANCE EFFECTIVE ON JANUARY 1, 1980, ON APPROVAL OF THE SAME BY THE ELECTORATE was read by the city clerk Councilman Behrendt moved to adopt Ordinance ~20, Series of 1979, on second reading; seconded by Councilwoman Anderson. Stock added this was to adopt as amended by adding the eight amendments in the City Attorney's report as well as the 20 year limitation. Councilmembers Anderson, aye; Behrendt, aye; Isaac, aye; Mayor Standley, aye. Motion carried. CITY MANAGER Street Improvement Bond Issue. Mahoney submitted a memorandum to Council outlining the Street Improvemen costs for this improvement, which would include Mill street. The engineering department Bond Issue estimates this will come to $984,000 broken down into storm drainage, overlay improvements, curb/gutter, North Mill street, engineering and administration. Mahoney said he would like Council motion to meet the requirements that the staff can go out and get this information to the public for the election. Mahoney estimated it would take about $500 to disseminate information in terms of signs and newspaper ads. Councilman Isaac asked if there would be drawings of the Mill street improvements. Councilman Isaac said people want to see Sidewalks, bicycle paths, general improvements. Mayor Standley said the City will be regarding Mill street by 20 per cent. Councilman Isaac said he would be willing to allocate the money if it shows some visual improvements, including improving the bike paths, sidewalks, lighting. Councilman Behrendt said this should be seeded and there should be a maintenance plan for this. Mahoney told Council he would get a schematic for this. Councilman Isaac moved to allocate money for this election issue; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~17, SERIES OF 1979 - Council Salaries Council Salaries Councilman Isaac noted the Council required City employees to show performance before the get wage increases and the Council should show performance also. The Council told the staff there would be no inflationary or cost-of-living raises this year. Councilman Isaac said he felt $50 increase every year is absurd. The effect on the volunteer boards that serve the City will be great; they put in a great deal of time. Councilman Isaac said compared to other towns, he felt it was absurd to talk about doubling the pay raise. Councilwoman Anderson said she sees a low figure as an obstacle to people who have to earn a living; you will get a Council of retired or wealthy people. Councilwoman Anderson said the Council should be paid enough so that they can afford to do a conscientious job. Councilwoman Anderson pointed out there is a lot more responsibility in being on Council than P & Z. Councilman Behrendt said the only thing Council has not been willing to do is put this question to the voters and let them decide. Councilman Van Ness said there are arguments both for and against; the salaries should be higher because otherwise it is excluding people who cannot afford to spend their spare time working for nothing. Councilman Van Ness said it costs him money to be on Council. Regular Meeting Aspen City Council March 26, 1979 Some people cannot afford to run because it cost them money; they have to take time off from work to be on Council. Councilman Van Ness said he did not think it is fair to com- pare Council with other City boards; they have very limited authority. Councilman Van Nes~ said doubling of salaries is exhorbitant, and suggested going back four years and work out a 9 per cent increase for each year for the new members by ordinance. Councilman Van Ness said he felt strongly this should go on the ballot so that the salaries would be equalized so that the raise would apply to everyone. Councilman Van Ness said he felt it was a bad system for half of the Council to be making more than the other half. Council- man Van Ness said he felt uncomfortable being paid $250 and the new members being paid twice as much with zero experience. Councilman Van Ness said he felt the present system for raising salaries is inadequate. Councilman Van Ness said he felt there should be a provision where each year the Council would have the option to increase salaries up to 10 per cent. Council should have some flexibility in raising salaries to keep up with inflation and the cost of living. With the suggestions outlined, there would be an ordinance to raise new salaries about $100 per month and a question to equalize salaries, and a second question on the ballot to allow Council to increase up to 10 per cent per year, although Council could elect not to change the salaries at all. Mayor Standley said he had no problem with putting the salaries on the ballot but did not think there ought to be a yearly increase. The Council should not reflect cost-of-living but should reflect a commitment Councilmembers have made. Mayor Standley said he felt Councilmembers should not have to go out of pocket to serve~on Co~ncitl Mayor Standley agreed this should be put to the voters with perhaps the figures of $400 and $600; in the years since he was elected the budget has gone from $2,500,000 to $8,000,000. There is more risk, more commitment and more liability. Councilman V~n Ness agreed that in the four years Councilman Parry has been on Council, the work load had more than doubled. Mayor Standley said he would go for $400 and $6.00, putting it on the ballot, and everyone gets it. Stock told Council they would have to amend this so that it is an emergency ordinance; hold a special meeting to read it as a second reading, and to consider a resolution to put this matter before the voters to allow the salary increase to become effective for everyone. Stock pointed out that if this ordinance passes, those people elected in May will get the salary increase even though the public may vote down the' salary increase. Mayor Standley said this should be written as a Charter change so that does not happen. Stock said his approach is the adoption under the Charter of a salary level, which does not apply to Councilmembers sitting at the time. Mayor Standley said the Council wanted to do a Charter change. Councilman Behrendt said he wanted to make so that all Council- members are paid the same salary and that it is approved by the voters. Mayor Standley said there is an election every two years, and the voters can always vote on the salary of Council. The people will get the quality of government they are willing to pay for. Stock told Council there are three possible choices; (1) by ordinance raise Council salaries and go to a vote to get it to apply to everyone, (2) change the Charter to have it estab- lished each time by the public by vote and ask them to establish salaries, or (3) adopt an ordinance establishing salaries to have it effective only upon a vote of the public. Stock reiterated there are only two methods of changing salaries; by ordinance, which would only apply to new members, or by vote of a public which would apply to all. Councilman Van Ness said from the Charter change, it seems the only way is to change the Charter to read "commencing June first, the salaries shall be" and thereafter using the same procedure. Councilman Behrendt said something had to be passed tonight, so that the Council could amend it in time for the election, otherwise it would be dropped. Councilma~ Isaac said he would like to see it dropped; this may have an effect on the other ballot issues. Councilman Isaac said he did not feel if Council was given more money, they wouldli see any better performance. Councilman Van Ness pointed out that by not changing salaries, they are in effect being decreased, with inflation and cost-of,living. Councilwoman Anderson said she felt not raising salaries is encouraging people not to do a conscientious job. Councilman Van Nessl said he would like to put this to the vote the quickest way. Stock said if this is an emergency ordinance, in order to get this on the ballot, the Council would have to have an unanimous vote. Stock said there is not enough time to have a second reading on this ordinance if Council wants to send this particular ordinance to the voters. Stock suggested reading this; he will research the problem and present a resolution to Council at a special meeting so that it is adopted in sufficient time to be on the ballot. This ordinance will be adopted and then amended to get to where the Council wants to be. Mayori Standley said there will have to be a special meeting to read the resolution in order to get this on the ballot. Council decided to change the salary figures to $400 for Council and $600 for Mayor. Councilwoman Anderson moved to read Ordinance #17, Series of 1979; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE #17 (Series of 3~979) AN ORDINANCE REPEALING ORDINANCE NO. 14, SERIES OF 1975; ESTABLISHING HIGHER iHigher Salaries SALARIES FOR THE MEMBERS OF CITY COUNCIL AND THE MAYOR AND SETTING THE SAME for City CounCil AT FOUR HUNDRED ($400.00) DOLLARS PER MONTH, AND SIX HUNDRED ($600.00) PER & the Mayor MONTH, RESPECTIVELY; AND FURTHER PROVIDING THAT THE ADDITIONAL COMPENSATION AUTHORIZED HEREIN SHALL NOT BE ENJOYED BY ANY MEMBER OF THE CITY COUNCIL (OR THE MAYOR) SITTING AT THE TIM~ OF THE EFFECTIVE DATE OF THIS ORDINANCE was read by th~ city clerk. Councilman Behrendt moved to adopt Ordinance #17, Series of 1979, on first reading; seconded by Councilwoman Anderson. Roll call vote; Councilmembers Van Ness, aye; Isaac, nay; Behrendt, aye; Anderson, aye; Mayor Standley, aye. Motion carried. iiReducing Number iiof Councilmembers ORDINANCE #19, SERIES OF 1979 - Reducing number of Councilmembers Mayor Standley said he felt very strongly that reducing CoUncil from six to four should be put to a vote. This has not been voted on since 1971 and there has been an 85 per cent turnover since then. Councilman Van Ness said he cannot see any reason for reducing the number of Council. BARRAILLER LAND TRANSFER Barrailler Land City Attorney Stock distributed maps showing Barrailler's property which is incorrectly Transfer described from a 1958 survey. Some of the land seems to conflict with the City's owner- ship of Neal Avenue. Barrailler would deed the City's land back to the City and we would deed them some land. Stock said this is the last piece of property to the west of Neale avenue that is incorrectly described. Councilman Behrendt moved to authorize the signing of the deed transferring the property; seconded by Councilman Isaac. Councilman Behrendt said the net change is that Barrailler gets a land transfer and gives the City some money, and the property is no longer non-conforming. Stock said Barrailler is entitled to have the survey granted; the additional sliver of land he is giving some cash for it, and granting to the City a fisherman's easement of 20 feet on the west side of the property. Stock said he valued the property a $8 per square foot. MAYOR'S DEED - Sampson Councilman Behrendt moved to approve the quick claim deed to David Sampson; seconded by !Mayor's Deed- Councilman Isaac. All in favor, motion carried. .!Sampson ORDINANCE ~22, SERIES OF 1979 Employee Housing Density Bonuses i'Employee Housing Jeffrey Sachs said he has an architect involved in drafting an office building, which aoes~ not have to go through growth management, and time is of the essence as the financing Density Bonuses has been committed. They will include the maximum amount of employee housing which would be permitted by this ordinance change. Sachs said they want this employee housing and it is critical based on construction plans and financing not to have to Wait an extra two weeks. Sachs said they are willing to take this risk because they think this is a good ordinance; they are will to take up the City on an offer to do employee housing based on a: bonus FAR. Sachs told P & Z they would be willing to do this. Ms. Smith said this should, go to public hearing as the P & Z recommended it favorably; the planning office · has some comments in opposition. Councilman Behrendt moved to read Ordinance ~22, Series of 1979; seconded by Councilwoman Anderson. All in favor, motion carried. ORDINANCE #22 (Series of 1979) AN ORDINANCE AMENDING SECTION 24-3.4 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN CONCERNING AREA AND BULK REQUIREMENTS TO PROVIDE FOR MIXED COMMERCIAL AND EMPLOYEE HOUSING DENSITY BONUSES IN THE CC, C-1 AND O- OFFICE DISTRICTS was read by the city clerk Councilman Behrendt moved to adopt Ordinance #22, Series of 1979; seconded by Councilwoman!i Anderson. It was explained that P & Z felt the present bonuses frustrate employee housingl as they can't afford to build employee housing. People could afford to build employee housing if they get extra commercial with it. Roll call vote; Councilmembers Anderson, aye; Isaac, aye; Behrendt, aye; Van Ness, aye; Mayor Standley, aye, Motion carried. HASTY LAND TRANSFER City Attorney Stock presented a map showing Hasty's property off Neale to the east. There!Hasty Land are two lots of 15,000 square feet and just over 13,000 square feet. Council is being Transfer asked to correct the description by Hasty deeding two lots to the City and the City will deed back the two lots where they should have been, south and west by 20 feet. Hasty is also asking to enter into a land trade of about 2,000 square feet. One house sits into the other lot and infringes into the right-of,way on Queen street. Stock said the survey is off from making an incorrect mathematical equation from a quarter corner. Stock said he felt Council ought to solve the boundary line. The City deeded off part of the property to two different owners; Hasty will deed the two lots to the City, and the City will deed back the lotlS correctly described. Councilman Behrendt asked if the trails easements had been discussed with Hasty; this could be a vital link in the trail program. Stock told Council Hasty would also like to enter into a land trade to give him an additional 20 by 100 strip, almost 2,000 square feet. Stock said Council needed to estab- lish value for the property; part of the consideration might be a trail easement. Mayor Standley suggested getting this organized, have the engineering department show where the trail easement should be, and present maps to Council. Councilman Behrendt moved to table until April 23, with prepared maps and trail easements drawn:in; seconded by Councilman Van Ness. All in favor, motion carried. Councilwoman Anderson moved to adjourn at 10:05 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Kathryn S.~/Koch, City Clerk