Loading...
HomeMy WebLinkAboutminutes.council.19790529 Regular Meeting Aspen City Council May 29, 1979 Mayor Standley called the meeting to order at 5:10 p.m. with Councilmembers Anderson, Behrendt, Parry, and City Manager Mahoney and City Attorney Stock present. MINUTES Councilwoman Anderson moved to approve the Council minutes of April 23, 1979; seconded byl Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATION 1. Dave Farney told Council he had talked with the head of animal control, Janie Gerber and was before Council because he said he would when he paid his fine. Farney pointed out there is a reason for having dog catchers; dogs should not be chasing elk or deer. Farney said in his heighborhood the dogs stay close to home and are happy. Everyone in Dogcatchers this particular part of the West End feels dogs have not caused a problem. Farney said if the dogs do not have a license or shots, they should be picked up. Farney said he comes to Council with the idea there could be a little better direction given to the dog catchers. The dog catchers can tell the difference between dogs standing in front of someone's house and dogs that are menacing people. Farney said he felt the dog c~tchers are trying to make a problem in this neighborhood. Mayor Standley said Ms. Gerber is out of town, and suggested Council wait until she is back and the new Council has taken office. COUNCILMEMBER COMMENTS 1. Councilwoman Anderson brought up the appropriate use of the administration car, and ~ pointed out on the last accounts payable an employee has filed for 300 miles on a ii personnel car. Councilwoman Anderson suggested a way be worked out so that the adminis-!i Employee tration car could be used for some of this. (Councilmembers Wishart and Van Ness came mileage into Council Cheers). Mahoney told Council the current administration car is assigned reimbursement to the City Attorney since he lives in Snowmass and is on-call 24 hours~ with the under- standin~ that any employee needing to take a trip can check the car out. Mahoney explained the 300 miles for business trips. Councilwoman Anderson said there should be a way worked out that the City car could be used for a lot of these trips. Mayor Standley said 50 trips a month for this particular business is hard to support and asked Mahoney to check the miles out. Regular Meeting Aspen ~l~y uouncl± may z~, ±~;~ Ord. 24 2. Councilman Parry said he would like to reconsider Ordinance 24, Trash Access, and haveli Trash Access a site inspection on these access areas. ~ Councilman Parry moved to put on the agenda Ordinance #24, Series of 1979; seconded by Councilman Behrendt. All in favor, with the exception of Councilman Wishart. Councilman Behrendt asked that a meeting be arranged with Aspen Trash to talk about these access areas. 3. Councilman Wishart noted there is a hardware store in the basement of the Trueman building and thought that was for storage. City Attorney Stock said this is a permitted : use in the S/C/I zone. 4. Councilman Wishart said he thought Andre's was going to turn in their liquor license on the old restaurant when the lease was up. City Clerk said that is correct and the lease is not up until April 1980. 5. Councilman Behrendt said there are ditches in the west end that have been dug for two and a half years or more and are dry. Councilman Behrendt asked for a status report Ditches in on this. City Manager Mahoney told Council all the ditches but one are turned on and West End coming that way and are starting to leak at the headgate. Councilman Behrendt said nothing is working, the system is dry, and there are grills that are not on, and would like a report at the next meeting. 6. Councilman Behrendt brought up the dark blue Saabs for the police department, and asked Police Dept. if Council voted on that and if the whole fleet was being changedl Mayor Standley said Council voted on the make of the police cars, but not the color. Councilman Behrendt said'! he could not see the car. Chief of Police McClung told Council the department voted on the color. Councilman Behrendt asked if he felt these were safe. McClung pointed out theI cars are marked and have lights. 7. Mayor Standtey noted a memorandum from Ron Stock and Mahoney regarding the Mall Commission, and Mayor Standley said this should be put on June 11 to let the new Council decide if they want to reinstitute the Mall Commission. 8. Mayor Standley said there is an Institute meeting tomorrow, May 30, at 5 p.m. and an FAR work session for Thursday, May 31 at 5 p.m. Mayor Standley said he has a problem dealing with the FAR; this represents a major new policy on part of Council and it should be the responsibility of the new Council who will have to enforce and administer it. Mayor Standley said he feels this looks like running something home at the last minute. Councilman Parry agreed and would like to let the new Council deal with the FAR. Council-ii man Wishart said this Council has spent one and a half years going over this and trying ~ to understand it. If it is left to the new Council, it may be another one and a half years. Mayor Standley said that no permits will issue as long as the new Council takes' it up immediately. Joe Wells, planning office, told Council the new Councilmembers are invited to the study session so they could be part of the discussion. Mayor Standley said he felt the action should be the new Council's. Councilman Behrendt said this has been a year and a half battle. Stock told Council the first reading must be continued and not dropped to keep it in effect. Councilman Behrendt said he would like the old Council to finish it up. Council decided to go ahead with the study session on May 31; the second reading of the ordinance is not scheduled until June 11. CENTENNIAL COMMITTEE - Presentation of Logo Ramona Markalunas presented Council with the logo and told them Gaard Moses was the Aspen winner of the Centennial contest. The logo belongs to the City since they sponsored the Centennial contest for it. Ms. Markalunas said she would like the City to use it in appropriate Logo places for the coming year. Ms. Markalunas told Council they ha~e had an enthusiastic response to the Centennial committee and presently have 25 peropte working in various areas. Ms. Markalunas said they would like to have a Fourth of July parade this summer; an old fashioned one to get the Centennial started to commemorate the Indians and miners that were here in 1879. This will get the celebration started; the official start of the Centennial year will be this winter. Councilman Behrendt moved to allow a Fourth of July parade; seconded by Councilwoman Anderson. Fourth of July Parade Councilman Wishart said he would vote against a parade only because of the history of the Fourth of July parade. Mayor Standley said the parades are not bad it is afterwards. Ms. Markalunas told Council the committee has thoughts on keeping the parade in line, changing the routes; they will do whatever they can to make it a safe and sane parade. All in favor, with the exception of Councilman Wishart. Motion carried. Councilwoman Anderson said the City owns the logo and they should make sure some control remains with Moses for permission to use it. Ms. Markalunas told Council any proposals for use of the logo will be brought to Council. The committee will be incorporated as a non-profit organization and will contract with the City for the logo and uses that are appropriated. Geri Fox, Chamber of Commerce, suggested that the use of the logo might generate funds for the Centennial committee. LIQUOR LICENSE RENEWAL - Rick's American Cafe ~ Liquor License Boots Ferguson, representing Rick's, told Council that John Barber is the manager and ~ Renewal owner of 51 per cent of Entertainment Durant, Inc., and Mr. Barber is out of town. Mayor !i Standley noted there is a memorandum from the City Manager regarding some possible liquor i American Cafe violation. Councilwoman Anderson said in her mind the crux of the violation is in public !i nudity, and that people were charged admission. This is ~not a priVate party if taxpayers money is going to police the premises. Mayor Standley said if the Council feels there is ~i a violation, the Council ought to schedule a hearing of the liquor licensing authority ~egu±ar ~ee~lng Aspen ~lty Counc~± May 29, 1979 and duly notify the owners. Mayor Standley said the renewal should be tabled until they determine if there was a violation and how serious it was. One of the courses of pun~tlve!~ action by the City is to suspend or cancel the liquor license. City Attorney Stock recommended to Council to treat this particular allegation or violation separate from the renewal itself. Stock said Council should consider the renewal on its own merits, and if they feel there is Sufficient grounds on the violation, to issue a show cause order and hold the hearing after the decision on the renewal. Fe~guson agreed with this position, and told Council the question before Council this evening is the renewal and the reason they are here is they are running up against a deadline. Whatever action Council might deem appropriate in the alleged violation should be dealt with separately. Councilman Behrendt said Council only gets licensees attention when it is license time. Councilman Behrendt said he did not feel Council was obligated to renew a license until they have had a hearing. Mayor Standley said he disagreed with the City Attorney; when Council is renewing a liquor license, they are reviewing the actions of the applicant over the past year and this action should be considered. Ferguson told Council there license expires June 27, and they just recently received the renewal form from the state. Ferguson told Council they had a similar event since then without any difficulty. Councilwoman Anderson said she did not like the Council getting backed against the wall with a deadline. Councilman Van Ness asked what the maximum penalty could be. Stock answered the Council could determine the remedy would be revocation. Councilman Van Ness said he felt the Council was not giving anything away by renewing their license; Council can take it away later. Councilwoman Anderson said the larger issue might be what is a private party and what is public. Councilman Van Ness said the distinction could also be made as what is public and out in the streets and people have to see whether they want to or not. People paid money if they wanted to see the show that badly. Councilman Van Nessil pointed out Council does not know exactly what happened until they have a public hearing, and by denying the renewal, Council is prejudging. Mayor Standley said Council is not prejudging them if they don't go past the renewal deadline, and to use the time before the renewal as a fact finding. Councilman Parry concurred with Councilman Van Ness; if this event occurred in February, why not have the penalty at that time.~ Mayor Standley outlined the courses of action available to Council. Councilman Wishart moved to approve the renewal for Rick's American Cafe; seconded by Councilman Van Ness. Tom Dunlop recommended conditional approva~ based on non-compliance with the health laws. Dunlop told Council these are not sufficiently important to require immediate closure, butli in October 1978 and February 1979 they were given specific orders to comply with. Councilman Wishart added conditional approval to his motion; seconded by Councilman Van Ness. Councilwoman Anderson said in the future if there are alleged violations, these should be taken care of immediately. Mahoney said these bar incidents have been brought to Council's attention at renewal time. These are elements that are not serious enough to take municipal action at that time. Mayor Standley said, since Council sits as the liquor licensing authority, it might be a good idea to have a monthly report. If Council feels there is a problem, they can act on it. Councilman Van Ness said he feels strongly Council has no right to pre-judge on this particular viOlation without a hearing. If Council denies the license at this point, they are judging them without a hearing. Counci!l- man Van Ness said there is a violation that on the surface appears to violate City ordinances, and no action was taken. Now when the renewal is in front of Council, two months later, it is a big thing. Councilman Van Ness objected to this procedure. Mayor Standley agreed, but pointed out the only body that can make that decision was not notifield until this Council meeting. Councilmembers Van Ness, Wishart, and Parry in favor; Councilmembers Anderson, Behrendt, and Mayor Standley opposed. Motion NOT carried. Councilwoman Anderson moved that a hearing be scheduled for June 18 at 5 p.m. and the renewal of the license be scheduled at the same time; seconded by Councilman Parry. Councilmembers Parry, Anderson, Behrendt, and Mayor:Standley in favor; Councilmembers Van Ness and Wishart opposed. Motion carried. MALL EXTENSION LEASES Mayor Standley pointed out five restaurants are looking for leases from the City to have Mall extension outdoor restaurants; these are R. Pea's, Aspen Mine Company, Paragon, Red 0~ion, and leases Chisolm's Saloon. Councilman Behrendt moved to approve the leases with the stipulation that everyone is paid up and pays in advance; seconded by Councilman. Wishart. All in favor, motion carried. SPECIAL EVENTS PERMIT - Aspen Rugby Club Special Event Councilman Behrendt moved to approve the ten special events permits; seconded by Council- Permit - Rugby man Wishart. Club Ted Guy, representing the Rugby team, told Council this is one of the ways they raise money to pay the referees and to support the team during the year. Guy stated they have had no control problems in the past. These permits are requested for Rio Grande playing ~egu±ar Meeting Aspen ulty uouncl± May z~, field or Wagner Park. Guy said the Rugby team would be happy to supply free labor to up grade Wagner Park so that they could play there again. All in favor, motion carried. SPECIAL EVENT PERMIT - Visual Arts Center Special Event Councilman Parry moved to approve the special event permit for the Visual Arts Center for Permit- Visual the opening June 16; seconded by Councilwoman Anderson. All in favor, motion carried. Arts Center M.A.A FESTIVAL - Street Closure Mary Jo Kimbrough of the M.A.A. told Council they would like to close off Cooper street that is malled in front of!the Red on.ion and have a band and dancing and have music M.A.A Festival students provide some music and have beer available. Ms. Kimbrough said she would like permission to block off that portion of the mall. Mayor Standley asked why it would be blocked offL.~and how one would gain admittance. Ms. Kimbrough said they wanted it blocked off so that it would signify there was a party; there will be no admission fee. Councilman Parry moved to approve the request for the M.A.A. for a party on the C~-p~e~ Street Mall; seconded by Councilman Wishart. Mayor Standley pointed out this would require a special event permit. All in favor, motion carried. ASPEN ICE GARDEN PURCHASE City Attorney Stock explained there were three Council actions required; approval of the ~Aspen Ice agreement, an ordinance authorizing the issuance of notes, and an appropriation ordinance. Garden Purchase Stock told Council under the Colorado ConstitutiOn, the City cannot be a stockholder of a corporation for profit unless it owns 100 per cent of the stock. They original proposal was that the owners would sell the City a portion of the stock, and hold the rest and give it over a period of time as a gift to the City. The agreement presented tonight requires that the owners sell to the City that same portion for the same bargain price for the same terms, $50,000 paid this year, $150,000 payable in two years bearing interest at 7-1/2 per cent, and $130,000 payable over 9 year period until 1988 bearing no interest, and that the gift be made immediately on closing or before so that the City would hold 100 per cent of the stock at the time of the purchase. June 15, 1979, has been established as the closing. The agreement has a hold harmless clause, the shareholders will hold the City harmless for any loss or damaged occasioned by the act of the corporation prior to June 15th. Janet Roberts said there a~e tax problems prior to the current year, and these may come back to haunt the City. The City should make some agreement with the former owners to provide indemnity against that. Councilman Behrendt pointed out the agreement and ordinance state the City will maintain and operate the facility as a recreational ice skating rink for at least six months of the year. Councilman Behrendt said something could happen so that would not be possible, and suggested this states it is the "intent" of the City to do this. Mayor Standley asked if there was anything which precluded the City from pre-paying the entire amount. Stock said the notes the City has issued under this particular ordinance are not prepayable. Mayor Standley suggested that if the City wanted to do something different with the Ice Garden, they had to take this to the voters. Councilman Behrendt said if the economy collapsed and the City could not afford to run the rink, this agreement forces the City to run it. John McBride told Council they are banking on the revenue of the rink. If the former were the case, this could be negotiated with the sellers. McBride said he would hate to be part of a program to sell and give this to the City and then see the program terminated. Mayor Standtey noted the payments for this purchase can come from the 6th or 7th penny, and if there is insufficient funds there, they can come from 4th and 5th pennies. Councilman Behrendt suggested adding a clause that in the event things change, the City can go to the sellers to let the City back off for a few months. Mayor Standley asked which takes precendent, the ordinance or~ agreement, they seem to be inconsistent. Stock said if the City wants flexibility to renegotiatel this clause should be striken from the ordinance and left in the agreement. Councilman Van Ness said he felt sale of the stock rather than sale of the assets is a disaster to the purchaser. Councilman Van Ness Said he did not know why this is set up as a sale of stock. Councilman Van Ness pointed out the Council did not know what it is getting in the way of assets because all they have is an unaudited financial statement. Councilman Van Ness said he would prefer to see this as a sale of the assets. Stock told Council t~here is a limitation on the amount of gift a corporation can give; the benefits must flor to the stockholders themselves. This means either they must sell the City stock or liquidate the corporation, get the assets in the hands of the stockholders and then enter into the bargain sale of the assets. This approach does not give the seller as much benefits. Jeffrey Sachs suggested providing in the notes if there are undisclosed liabil- ities, these may be offset against the City's payment liability to them. Both Council and the sellers agreed to that approach. Finance Director Butterbaugh pointed out there is nothing in the proposal to indicate that the City seriouSly believes the operation of a skating rink will pay the debt service. The debt service will have to come from other source of revenue. The City does believe the operation should take care of the costs of the operation. Ms. Butterbaugh told Council this has been submitted to the City's financial advisers and accountants, and before Council votes on second reading, she would like to have a report back. Mayor-elect Edel asked what the costs would be to bring this up to standards physically. Ted Armstrong said he did not think the facility was that bad; it depends on how much improvements the City wants. Armstrong said he felt the rink is a fine recreational facility withOut a lot of improvements. Armstrong said he had checked the rink out and did not think there are any great major constructional improvements that have to be made, McBride told Council the rink is 11 years old, is a metal building and has been reinforced to bring it up to Code. The lighting system should be updated; they have put in a new heating system. Mayor Standley said Armstrong's budget shows a $12,000 a year net out of the operation, which is for six month. Councilman Behrendt moved the City approve the agreement; seconded by Councilman Parry. Councilman Van Ness said since December 31st, the accounts receivable and inventory has changed, and he would like to know what the City is buying. Bill Tharp told Council if they ran inventory now it would be $8,000 and the accounts receivable would be $1500. Stock said if there is any additional liabilities outside of the normal course of business, the sellers commented there is none. The City can review any outstanding liabilities on the date of closing. Besides the fact that inventory and accounts receivable are down, they have paid off a portion of their notes. Councilman Van Ness said he would like an updated balance sheet. Ms. Butterbaugh told Council she has been over the figures, looked! at Armstrong's budget and is comfortable with the numbers that are presented. Ms. Butter- baugh recognizes a fluctuation in assets and liabilities, but the City is buying an on- going corporation. When the deal closes, the City will have to do an inventory so that they can establish an actual cost. Councilman Van Ness said he felt it was bad procedure to buy a balance sheet that is six months old. Ms. Roberts pointed out the majority of the assets the City is buying is the building; Council should have an unaudited financial statement before second reading. All in favor, motion carried. Councilman Behrendt moved to read Ordinance ~36, Series of 1979; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE #36 (Series of 1979) Ord. 36, 1979 Issuing Notes AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOTES OF THE CITY OF ASPEN, COLORADO, for the Ice IN THE PRINCIPAL AMOUNT OF $280,304.20, FOR THE PURPOSE OF ACQUIRING CERTAIN Garden REAL PROPERTY, KNOWN AS THE ASPEN ICE GARDEN; PRESCRIBING PAYMENT OF THE PRINCIPAL AND INTEREST ON SAID NOTES FROM THE REVENUEW OF THE TWO PER CENT MUNICIPAL SALES TAX AND FROM OTHER SALES TAX REVENUES; PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk. Councilman Behrendt moved to adopt Ordinance ~36, Series of 1979, as amended that Section 6(d) be striken and (3) be renumbered as (d); seconded by Councilman Parry. Roll call vote Councilmembers Wishart; aye; Van Ness, aye; Anderson, aye; Behrendt, aye; Parry, aye; Mayor Standley, aye. Motion carried. Councilman Parry moved to read Ordinance #37, Series of 1979; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE #37 (Series of 1979) AN ORDINANCE TRANSFERRING $50,000 TO THE 6TH PENNY SALES TAX FUND FOR LAND PURCHASE FROM THE WATER FUND, MAKING A SUPPLEMENTAL APPROPRIATION IN THE 6TH Ord. 37, 1979 PENNY SALES TAX FUND FROM NOTE PROCEEDS OF $280,304.20; AND APPROPRIATING AN 6th Penny! EXPENDITURE OF $330,304.20 was read by the City Clerk. Appropriation Ice Garden Councilman Wishart moved to adopt Ordinance ~37, Series of 1979, on first reading; seconded by Councilman Van Ness. Councilman Parry asked if there was intention of paying the $50,000 back to the water fund,~ Ms. Butterbaugh told Council she understood this would be set up as a repayable transfer with undetermined time period. The City will.,get authorization to set this up as a new enterprise fund so that the skating rink will be accounted for separately and will not get lost in other fund accounting. Roll call vote; Councilmembers Anderson, aye; Parry, aye; Behrendt, aye; Van Ness, aye; Wi~hart, aye;~Mayor Standley aye. Motion Carried. Councilman Behrendt moved that in gratitude for what these people are doing, the City issue a lifetime ice skating pass to Ruth Brown, John McBride, Charles Cole, Jr., David Baster and William Tharp and their families; seconded by Councilman Parry. All in favor, motion carried. WHEELER OPERA HOUSE CONTRACT Wheeler Opera John Stanford told Council the City had asked him to represent the City in developing a House Contract preliminary contract proposal to the firm of Henry Weiss for development of a policy design plan for renovation of the Wheeler Opera House. The proposal is in the packet. Stanford told Council Weiss was selected because of his extensive work in theatres and with historic buildings. Stanford pointed out this is money received from a 1978 Historical Preserva- tion grant for the purpose of developing a master plan for the Wheeler. This will enable the firm to move ahead and will be finished before the end of the summer. Mayor Standley noted this was budgeted by Council last fall. The City wanted to wait to see how the real estate transfer tax turned out as that would change the scope of what would be done to the Wheeler. Mayor Standley said the federal government will put up $9,000 for this project, and the City has to come up with $12,000 but that can be in-kind. The Council has budgeted the $12,000 Councilman Behrendt moved to approve and authorize the City to enter into this agreement; seconded by Councilman Anderson. All in favor, motion carried. Regular Meeting Aspen City Council May 29, 1979 ii. ROARING FORK VALLEY FOUNDATION FOR THE PERFORMING ARTS - Funding Request Funding Request!! Mayor Standley reminded Council they had had a presentation last fall from this group Roaring Fork i explaining their purposes. One of the things they have done was to take on the promotional~! Valley i~ effort of the real estate transfer tax, and they worked hard to get that passed. The Foundation i passage of the real estate transfer tax makes the Morrison study particularly pertinent for the Performing Artsii to the Wheeler. Ritchie Cohen told Council the Morrison study will be very practiCal and will be an asset to the Wheeler development plans. Cohen told Council his group had told Council they would fund this study themselves; now, however, 'a good portion of their efforts will be entirely devote to the Wheeler. On that basis, some City support should be forthcoming. Jeffrey Sachs told Council when this group first proposed to do this work, they were going to do it without asking for any money. At that time the real estate trans- fer tax had not been proposed. Sachs told Council a lot of manhours have gone into the passage of that tax, and the group used up some of their assets. This group is asking for $3,000 support from the City. Mayor Stan ~ey said this figure is the unexpended amount of the Federal grant and does not represent a supplemental appropriation by the City. Councilman Behrendt moved to approve the $3,000 expenditure; seconded by Councilman Parry. All in favor, motion carried. ROLLER SKATE ENFORCEMENT PROGRAM City Manager Mahoney had submitted a memorandum directing the Chief of Police to allow roller skating on the two short streets at the end of the mall between Galena and Durant. Roller Skate There has been some negative comments from bus drivers. Maho~ey said he did not feel there! Enforc~_nt ~ is a great problem with the roller skaters. Council has not taken any steps to prevent Program roller skating in the mall. Councilman Van Ness said he felt that skate boards are more dangerous, and there is a distinction between that and roller skates. No one on Council disagreed this was a big problem. A-95 REVIEW: State Comprehensive Plan Ms. Smith, planning director, told Council the state has never organized their local affairs planning assistance department Very well, and that would be her comment. The planning office has an application in for funding under the 701 program for both the implementation of the open space program and master plan as well as revision of growth management ordinance. Ms. Smith said she would like permission to make favorable comment with the suggestion that the state get organized and decide who is responsible for administering the program. Councilman Behrendt moved to forward with favorable comment and with Ms. Smith's comments; seconded by Councilman Parry. All in favor, motion carried. S/C/I REDRAFT Ms. Smith told Council this item is for comment and input and is here informally. This S/C/I redraft had been requested by Council several months ago, and is on this agenda for suggestions to send back to P & Z. Ms. Smith reminded Council there was substantial amount of public interest in this over the issue of a commercial bakery in the S/C/I zone district. City Attorney Stock is following up on inspections in that zone district for alleged violations of the district. Ms. Smith pointed out the S/C/I district is not very clear in all respects that it is limited in retail and industrial. The proposal of the planning office would try to clarify that by inserting that the intent of the zone be limited to retail and industrial uses that do not require high traffic volume and that permitted uses will not sell daily of frequently bought items. Ms. Smith told Council the City is seeing a lot of pressure to allow uses in the S/C/I zone that are high turnover, more heavily retail than was intended for that district. Ms. Smith said from a planning standpoint, it is important to reserve zone districts to handle uses that are mundane. There has been a gradual dilution of the commercial zone district; there is pressure in town to allow more commercial uses, especially since there is a control on the addition of commercial space. This redraft is an attempt to reserve ~and preserve the S/C/I for special and certain type uses. Councilwoman Anderson said she felt this got to the heart of it in frequency of use and the daily uses and the traffic generation aspecti of the redraft. Ms. Smith told Council She was dissatisfied with the redraft as it is hardl for an administrator to say what is frequently or daily bought items. Ms. Smith said she would like to find a more precise standard to follow. Councilman Parry pointed out this S/C/I zone is absolutely retail. Stock told Council that the existing problems in this zone will not be solved by this redraft. Mayor Standley asked if a proposed ordinance would constitute a clarification as opposed to a rezoning. Stock told Council the law is that if something is illegal and there is a modification or change, it remains illegal and never obtains a non-conforming use. Ms. Smith told Council Stock has gone through the applications for building permits to establish whether they wer~ legal at the time. Stock said his interpretation for the coin-op laundry was not legal at the time of application. Councilwoman Anderson said she felt this redraft is moving in the right direction. Councilman Wishart asked if there are any other areas available for S/C/I; Ms. Smith said the only other similar zone is the Airport Business Center, within the current city limits it is difficult to find. ORDINANCE #48, SERIES OF 1978 - SPA for U. S. Post Office Mayor Standley opened the public hearing. Mayor Standley told Council the building foot- Ord. 48, 1979 print is 20,000 square feet on 102,000 square feet which is below FAR. Joe Wells, plannin~i SPA for USPO office, told Council he had not gotten an answer on the number of boxes; it appears there could be an expansion of number of boxes. Councilman Behrendt noted that home delivery is free, but people that have to move around a lot prefer to have boxes. Councilwoman Anderson said she felt that combination boxes should be best. Mayor Standtey said that is not within the business of the Council. Joe Wells told Council all the changes that were made since P & Z review are of a technical nature, cleaning .up easements, general engineering but the building is generally the same as it has been for sometime. Regular Meeting Aspen ~lty councl± May Z~, l~/9 Wells presented the drawings for the SPA plan, and told Council the engineer had objectedll to a two-way street because of parking. There is a bikepath on the front and across the back of the property. The engineer has asked that approval be conditioned upon the granting of as-built utility easements, the survey show four easements and that the drawings submitted meet the requirements of SPA; that the 10 employee parking spaces be minimum of 9 feet. Mayor Standley closed the public hearing. Councilman Parry moved to read Ordinance $48, Series of 1978; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE $48 (Series of 1978) AN ORDINANCE REZONING LOT 2, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT SUBDIVISION, ACCORDING TO AN APPROVED SPECIALLY PLANNED AREA MASTER PLAN FOR THE SITE, THE ELEMENTS OF WHICH MASTER PLAN WILL CONSTITUTE THE DEVEL- OPMENT REGULATIONS FOR THE AREA ALL AS PROVIDED BY ARTICLE VII OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk Councilman Wishart moved to adopt Ordinance $48, Series of 1978, on second reading and to incorporate the concerns of the city engineer; seconded by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; Anderson, aye; Parry, aye; Van Ness, aye; Wishart, aye; Mayor Standley, aye. Motion carried. SUBDIVISION EXEMPTION - ZG Builders Subdivision Councilman Parry moved to approve with the four conditions; seconded by Councilman Wishart.Exempti°n ZGBuilders Ms. Vrchota, planning office, told Council the only question was the width of the driveway that was allowed, which is 18 feet. This is an abUtting driveway, but it will be limited to 18 feet. Councilman Behrendt asked if they would agree to join a street improvement special district if that should come up. Council agreed to add that as one of the conditions. All in favor, motion carried. WATER PLANT EMPLOYEE HOUSING STATUS REPORT Councilman Behrendt told Council the housing committee had met and agreed after going Employee Housing Water Plant through the proposals and interviews that the group they wanted to work with was Adventura Realty and Development Corporation. Adventura will be working with a local Status builder. Councilman Behrendt told Council that Adventura does have projects underway in this area, and it seemed they were the obvious people to go ahead and write up a formal contract to get started on this employee housing project. Councilman Behrendt recommended the Council accept this group and sit down and negotiate final contracts. Mayor Standley said the contract would be negotiated for consideration of the entire Council. Mayor Standley reminded Council the sub-committee was directed to go through all the proposals and interviews necessary and pick out a group. Councilman Behrendt said the sub-committee is asking for approval for beginning of further negotiations. Councilman Wishart moved that the sub-group did what they were asked and to go ahead and have administration go into negotiations with Adventura for full Council approval; seconded by Councilman Parry. All in favor, motion carried. Councilwoman Anderson asked what the timing would be. Mayor Standley told Council that Adventura could move as fast as the City could. If they can break ground this fall, it could save up to 10 per cent. Councilwoman Anderson asked if the City has officially adopted the guidelines for rental for low, moderate and middle income. Mayor Standley said that everyone who submitted a proposal was given the guidelines, and the range for building and rentals wnet from 46 cents to 78 cents/square foot. The Adventura group came in at 48 cents per square foot, a studio would be $295 per month and a two bedroom would be $584. There were three groups between 51 and 53 cents per square foot. Councilman Behrendt pointed out the sub-committee said they had problems with the City proceeding slowly on annexation, and that statement was that the planning department, because of its affialiation with the county decided the location might be inappropriate. Ms. Smith, planning director, told Council this is absolutely untrue, and the planning office has never made any statement regarding annexation or the location of the housing. The planning office has never been asked to make any statements, and they are not negatively disposed towards that annexation. City Attorney Stock told Council the delay in annexation has been due to the fact that the City cannot force annexation and the City does not have boundaries contiguous to this property. The City will need to receive support from one of two groups in order to annex. ORDINANCE $32, SERIES OF 1979 - Supplemental Appropriation, Sixth Penny Mayor Standley opened the public hearing. There were no comments. Mayor Standley Ord. 32,1979 closed the public hearing. 6th Penny Appropriation Councilman Parry moved to read Ordinance #32, Series of 1979; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE $32 (Series of 1979) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE 6TH PENNY SALES TAX FUND IN THE AMOUNT OF $63,700 FROM CURRENT YEAR UNAPPROPRIATED SALES TAX REVENUES AND APPROPRIATING EXPENDITURES OF $63,700 FOR MISCELLANEOUS 6th PENNY SALES TAX FUND EXPENDITURES was read by the city clerk ~egu£ar Meeting Aspen City Council May 29, 1979 Councilman Wishart moved to adopt Ordinance #32, Series of 1979, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Wishart, aye; Parry, aye; Anderson, aye; Behrendt, aye; Van Ness, aye; Mayor Standley, aye. Motion carried. ORDINANCE #33, SERIES OF 1979 - Supplemental Appropriation/General Fund Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Ord. 33, 1979 General Fund Councilman Parry moved to read Ordinance #3~, Series of 1979; seconded by Councilman appropriation Wishart. All in favor, motion carried. ORDINANCE #33 (Series of 1979) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $14,400 FROM THE CURRENT YEAR UNAPPROPRIATED SALES TAX REVENUES, RECOGNIZING A 47,50~ CONTRIBUTION, RECOGNIZING A TRANSFER OF $39,000 FROM THE 6th PENNY SALES TAX FUND TO THE GENERAL FUND AND APPROPRIATING $60,900 IN MISCELLANEOUS GENERAL FUND EXPENDITURES was read by the city clerk Councilman Parry moved to adopt Ordinance #33, Series of 1979, on second~r, eading; seconded by Councilman Wishart. Roll call vote; Councilmembers Anderson, aye; ~a~ aye; Parry, aye; Van Ness, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. SMUGGLER ANNEXATION - Public Hearing. Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Annexation Councilman Wishart moved to read Ordinance #35, Series of 1979; seconded by Councilwoman Anderson. All in favor, motion carried. ORDINANCE #35 (Series of 1979) AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF ASPEN, COLORADO, was read by the city clerk. Councilman Parry asked if that in overall annexing, the City has set up boundaries so that people know what to expect, that the City is not going to come in an save them and pave the streets. Councilman Wan Ness said he is not to~ally satisfied that the City is going into this with their eyes open, and is worried about what the residents have been lead to believe the City will do for them. Mayor Standley pointed out this public hearing has bee~ duly noticed four times. Councilman Van Ness said he did not feel the City had adequatelyI examined what this will cost, and that people may think they are getting something from the City that ~hey are not going to get. Councilwoman Anderson move~ to adopt Ordinance #35, Series of 1979, on first reading; seconded by Councilwoman Behrendt,- Roll call vote; Councilmembers Anderson, aye; Behrendt aye;~Wishart, aye; Va~'~es~', nay; Parry, nay; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Funding for Wheeler Opera House and Mill Street. City Manager Mahoney said he had asked the finance director and Don Diones, from Kirchner/Moore to explain the funding Funding for for these two programs. Don Diones told Council for the Wheeler, this will be funded by a tax that will be collected in 1980. As yet, there is not enough information to take Wheeler & this to the bond attorney to anticipate for the project. Diones said he would have more Mill Street information for Council in June. Diones said he is looking for the authority to spend money for preliminary planning to get the project off the ground. Diones told Council the bonds for the Wheeler project will be an unusual type financing, but he did not feel there would be any difficulty in getting them underwritten. Diones said he did not feel this was as good as sales tax criterion because one cannot predict the reliability. Mayor Standley pointed out there is the same track record of historical data regarding real estate as there is for sales tax. Mayor Standley said Aspen historical performance in real estate can be plotted against the national economy. Diones agreed this is possible, but pointed out on the face of it, this is a new game. Diones told Council for the street improvement bonds, he would proceed with the issue as he liked the market. For the calendar year 1979, it is at its low point. Diones showed Council the highs and lows of the market. Diones said the City can then arbitrage the money and could invest it in the high 9's. Diones pointed out that this year's assessed valuation for the City if 59 million dollars plus and this will go up to around $65,000,000. Diones told Council that the schedule for payments is predicated that payments for principle will stay the same and that the payments each each will decrease. Mayor Standley asked why not have the heavy loading at the end of the payment scheduled when the inflation will make the values higher and actually come up with a more even levy. Diones said when bonds are written that way, it increases the average life to 15 years over 11. Diones said he felt this schedule was ~e aggressive and the bonds are getting paid off more quickly. Generally they do not~efund~G.O, bonds. Councilman Van Ness asked how these improvements would last, in another 15 years will the City have to do this again. Mahoney told Council that streets are very expensive and they! do deteriorate all the time. Mahoney pointed out to Council this bond issue is for more than just streets, it is regrading Mill street, doing the storm drainage correctly. Councilman Behrendt moved to request Don Diones to continue moving on this bond issue; seconded by Councilman Van Ness. All in favor, motion carried. Meeting Aspen City Council May 29, 1979 2. Footraces. Mahoney told Council there are requests from two groups for footraces around town. One is the Aspen Kiwanis in conjunction with the Heart Association, which will be June 30. The other will be put on by the Rocky Mountain Road Ru~ne-r~on July 4. Footraces Mahoney said he had no problems with either of these races. Jim Onken, ~oacky~Mountain Road Runners, told Council he would work with Mahoney and the police to m~]~ ~{~re the route is safe and there are no conflicts. Councilman Behrendt moved to approve both footraces around the City of Aspen; seconded by Councilman Parry. All in favor, motion carried. 3. Pavement Study. Mahoney told Council this is for information only and had provided Council with information from Novack and Dempsey regarding pavement evaluation. To purchase this engineering information would cost $16,000; this is in the engineering bud- get, and Mahoney told Council he was allowing Dave Ellis to go ahead with this. At the Pavement next Council meeting, Mahoney told Council he would ask for additional money for more study pavement evaluation. 'Councilman Van Ness said this looked like a good deal. ORDINANCE ~39, SERIES OF 1979 - Supplemental Appropriation/GeneraL~ Fur~' Mayor Standley asked why the City did not negotiate with the County to take care of all the Saabs. Mahoney told Council that one mechanic can barely keep up with the Saabs the Ord. 39,1979 City has now~ Ms. Butterbaugh told Council the $20,000 figure for the Saab mechanic General fund also included benefits and tools. Mayor Standley said he felt the City was just continu- Appropriation ally expanding and taking on more staff, and questioned if this mechanic was necessary. Ms. Butterbaugh pointed out to Council there are three mechanics at the City Shop for 75 to 80 vehicles and pieces of equipment. The normal ratio should be one mechanic to 8 to 10 vehicles. Mahoney pointed out the City did not have the space to have all the buses, City Saabs and County Saabs worked on in one place. Councilman Van Ness said it bothered him that the City is paying more than $3,000 per year per Saab to keep them up. Councilman Wishart moved to read Ordinance ~39, Series of 1979; seconded by Councilman Van Ness. Ail in favor, motion carried. ORDINANCE #39 (Series of 1979) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE GENERAL FUND IN THE AMOUNT OF $73,500 FROM CURRENT YEAR UNAPPROPRIATED REVENUES, AND APPROPRIATING EXPENDITUI{ES OF $73,500 FOR MISCELLANEOUS GENERAL FUND PURPOSES was read by the city clerk Councilman Parry moved to adopt Ordinance #39, Series of 1979, on first reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Anderson, aye; Behrendt, aye; Parry, aye; Van Ness, aye; Wishart, aye; Mayor Standley, aye. Motion carried. RESOLUTION ~12, SERIES OF 1979 - Ruedi Reservoir Councilman Van Ness moved to authorize the Mayor to sign and send letters to COG and the Colorado River Water Conservation District; seconded by Councilman Behrendt~ All in Res. 12, 1979 favor, motion carried. Water sales Councilman Behrendt moved to adopt Resolution #12, Series of 1979, and publish; seconded by Councilman Wishart. All in favor, motion carried. Councilman Parry moved to reconsider Ordinance ~24, Series of 1979; seconded by Councilman Van Ness. All in favor, motion carried. Councilman Van Ness moved to table Ordinance #24, Series of 1979 to June 11; seconded by Councilman Parry. All in favor, motion carried. Councilman Van Ness moved to continue the meeting until 30 May at 5:00 for consideration O~,~the Aspen Institute; seconded by Councilman Parry. 8:30 p.m. ~h, city Clerk Continued Meeting Aspen City Council May 30, 1979 Mayor Standley called the meeting to order at 5:10 p.m. with Councilmembers Anderson, Behrendt, Isaac, Parry, Van Ness, and Wishart present. Mayor Standley said this is a public hearing on ~he Institute that was set by Council at their May 9 meeting. Council directed P & Z to expedite the processing of the Aspen Institute application so that this Council could take final action on the SPA. The P & Z Aspen passed Resolution #5, and recommended action to Council. Mayor Standley said he would Institute like to hear the presentation from the P & Z, then from Joe Wells of the planning office, then the applicant, public comments and the Council discussion. Joe Wells submitted for the records the P & Z minutes of May 29, May 1, April 19, April 18, April 3, March 20, March 6, February 20, 1979; June 6, and May 30, 1978; P & Z resolutions of May 29, 1979 and November 18, 1975; Planning Office memoranda March 30, March 20, March 5, 1979, October 5, July 29, 1977, August 12, 1976, May 5, 1978; Transportation planner memorandum March 19, 1979; Engineer Dave Ellis's memorandum March 2, 1979; City Council minutes April 18, 1979; June 12, January 30, 1978, August 22, July 13, and April 8, 1977; City Attorney Stock's memorandum April 16, 1979; the applicant's submission dated December 12, 197~; clarification addendum of March 15, 1979 prepared by Design Workshop, Vorhees and Associates, Garfield and Hecht, and Thomas Wells; applicant's consent to withdrawal of the preliminar subdivision and PUD portions of the application submitted April 28, 1979. Continued meeting Aspen City Council May' 30, 1979 Aspen Joe Wells told Council this is a public hearing on the final SPA plan; the preliminary PUD Institute and subdivision portions have been withdrawn. In the past SPAs have been handled as rezonings with two readings of an ordinance We~ls said the planning office had lacked the expertise to adequately review some of the aspects of this application. P & Z did not request outside consultants. The planning office has taken issue with the employee housing and employee generation of the application, and are not in a position to address the academic and restaurant balance of facilities. Wells told Council there has been a concern about the financability of a commercial/conference facility restricted to such use. Wells told Council the P & Z has taken the position that the work of the Institute is sufficient to address these points. Wells said the planning office has not gone out and solicited additional expertise because they feel the burden is on Council or P & Z to request thi~s~.~ The appropriateness of granting final SPA approval prior to completion of items defe~'~ to PUD and subdivision is a matter which Council should resolve. P & Z had to take action on the SPA application. Council has the authority not to grant approval to SPA until it reviews all the considerations, if it chooses to do so. The application is in response to Council's 18 conditions, which were attached to conceptual approval. The planning office has stated they do not feel the application addresses the intent of the conditions. Wells told Council the source of the 356 room count results from a calcula- tion done by Bill Kane in 1976,.in which he took the Institute lands within the City and assigned a reasonable allowance for density, made a conversion to unit counts and came up with the recommendation of maximum 356 units. Wells said he feels this is a generous calculation. The recommendation before Council is P & Z's final recommendation in which they envision approval of 356 rooms; P & Z suggested the Institute should house 60 per cent of its employees. Wells said P & Z feels that the Institute has acceptably justfied 356 rooms, that their restaurant facilities and conference facilities are adequately justified; that to attempt to restrict the Institute in any fashion that by simply applying zoning is a fruitless exercise and should not be attempted. City Attorney Stock passed out the resolution from P & Z summarizing their approvals and recommendations. Wells said the planning office feels that for Council to grant approval to a 356 room facility, it would be necessary to have some harsh restrictions on the future possibility of the facility becoming a full tourist facility with a simple zoning change. P & Z envisions that the constraints on the use of the facility will rest on the zoning applied to the land. Don Ensign, Design WorkShop, told Council approximately six years ago, the Institute identified the need for some development to accommodate its needs and to generate an endowment for the Institute programs and guarantee its longevity. Since that time there have been several proposals discussed down to August 1977, when conceptual approval of the SPA was given for essentially a conference center. The City Council enumerated concerns and asked the Institute to respond. The concerns related to the size of the facility, the fact it would be an academic conference center, destiny of the open space,access to the facilities the community would have, and that the conference center would be focused for conferees. In June 1978, Council approved a conceptual PUD subdivision application and requested more specific information. This approval was conditioned upon 18 contingencies. Ensign told Council that SPA is zoning and fixes things like density, use, etc. The SPA is discretionary and based on a precise plan, and addresses density and use. The P & Z resolution addresses the density and use; things that have been left oUt of the resolution are items relating to the physical layout of the facility. The presentation speaks to the porgram more than the physical layout. This program comes from the requirements of the Institute, the concerns of the community and running a first rate conference center. One of the Institute's primary objectives is to generate an endowment to continue the programs. Another objective of the Institute is to provide a guaranteed housing source for the people coming to participate in the programs. Last year the Institute had 450 dwelling units rented outside of what they have; the price of this housing is becoming a burden to the Institute. Ensign pointed out the community wanted some guarantees that the Institute would remain in Aspen. Ensign said the Institute says it is not going to leave. The second major concern is that the facility will not be used for transisnts. Ensign said he feels the program will provide that guarantee. The third concern is the size and impact of the development; visual and traffic. Ensign told Council their traffic consultants tell them with the management system they have, the number of cars generated will be less than at present. With the Institute renting 450 units in town, there is a lot of traffic. The Institute will have small groups of people, from 10 to 50, focused there for an extended period of time. The market will be for technical training, management training and education. The facility is designed to be directed at a small segment of the conference market. All the facilities will need to be on site. Ensign outlined the type of market their program is aiming at. The operation of the conference center will be to provide all services on site, and to maintain a permanent staff to provide a high lever of service. The meeting rooms the Institute currently has are of adequate size and there is no request for additional meeting rooms. These rooms will be upgraded and refurbished.. The faculty housing is proposed in two configurations. There will be an additional four units similar to the trustee houses, these include a living room; the President's unit will include an expanded dining room. The second type faculty housing is eightplex units with 8 bedrooms per Unit. These are designed with a kitchen unit in each floor. The upper floor could be rendted the way the trustee houses are rented to give flexibility to the program and to accommodate various types of faculty. The entrance will be on Seventh street; there will be an administration building and check-in place and dining facilities. The present Meadows building will be made into a small scale restaurant, and the rest of the building will be made into hotel rooms and game rooms, and off-hours activity place. The health center will be expanded to include swimming pool, and racket ball courts. In the application there is a section on the profile of the participants; the people will be mid-management and up. In order to appeal to the highest level in the conference market, the facilities need to be in place, on site and operating. The application also ~ontinued meeting Aspen City Council May 30, 1979 includes a typical schedule for the conferees drawn from existing meetings. There will be 24 additional faculty units around the swimming pool, guest rooms in the existing chalets and in Kreske. The new guest rooms will be 54 units of three-story buildings and 32 units of two-story buildings. The employee housing is planned next to the tennis courts in the configuration of an eightplex, and the remainder will be at the entrance in the ~pen configuration of duplexes on 9,000 square feet lots consistent with the R-6 zoning. These Institute will be 2 and 3 bedrooms units, sharing living rooms. There are 34 bedrooms in 12 apart- ments. Ensign went over the services in the administration building, which will include dining and banquet facilities. They have requested 4 tennis courts below the Meadows building to replace 2 and add 2. Ensign told Council they expect 95 per cent of the conferees to fly in. Ensign said they had done considerable research at the Meadows and find that the car usage is very low. Ensign told Council the programs would be designed to not conflict with the tourists arriving on Saturdays; they will be willing to commit to this. Curt Stewart, transportation planner, has laid out a fairly detailed outline for managing the people once they are here. Ensign said the need for parking will actually be reduced; they are requesting 129 parking spaces, currently there are 160. Ensign outlined on the plans the developable area, the slopes that are too steep, and some land is in the flood plain. They have tried to keep the development between the Institute facilities and the Meadows. They have relocated the entrance to Seventh street; this has been discussed with M.A.A., and they assured the Institute it was acceptable. The project will be structured around open space and pedestrian links, making~it easy to walk around. The phasing will be (1) 86 guest units, 13 faculty units and 34 employee units; (2) 79 guest units, and (3) 12 guest units 24 faculty units and 16 employee units. Ensign pointed out there is no conference center until there is an administration building; so phase 2 will follow close to phase 1. The third phase is much more flexible. There is a shortened building season because of the M.~A.A. and Institute. Mayor Standley said when the Council discussed approval of 356 units, it was stated that living rooms had to be counted as units. Councilman Behrendt agreed the rooms were necessary to the design of the units, but that they add 25 more guest rooms to the count. Councilman Behrendt said he felt it was appropriate to count these as units. Mayor Standley said these would be bedrooms, and the Council does not want them to be bedrooms because they will be generating traffic, and that is a non-conference use of the facility. Wells stated his position is that non-conference use of the facility is not allowed. City Attorney Stock noted there are two separate processes going on. The first is the process of SPA, which is a rezoning under the Code and requires a public hearing for SPA consideration. This meeting is in fact that public hearing. The second process, if Council approves the SPA is to act by ordinance, which COuncil may adopt on first reading at this meeting. The ordinance will then require second reading and another public hearing. Stock pointed out if Council did adopt the ordinance at this meeting, becauSe of the publication requirements, there will not be enough time for second reading before this Council goes out of office unless Council makes this an emergency ordinance. Mayor Standley said this application has been around for six years, and it is the responsi- bility of this Council to act on it. This Council has the continuity and background. The applicant has worked and tailored this application based on the 18 points given by this Council. Those concerns are this Council's concerns, and this Council should take the responsibility to act on this. Councilman Van Ness disagreed pointing out that a year ago Council sat down with the Institute and said 17 things needed to be resolved. Most of these items are not resolved; that is not Council's fault. The position of the Institute is that they will be discussed later. Councilman Van Ness said he felt that traffic impact and impact on the neighborhood are relevant to how many units there should be. Councilman Van Ness said he felt this Council had done everything they could to keep this moving. The new Council will have to make the decisions on PUD and growth management exemptions. Councilman Van Ness said he did not consider this an emergency at all. Councilman Wishart agreed the Council would be discharging their duty in an irresponsible way if they acted too fast. Councilman Wishart said he would not like to tie the new Council to a set of figures that have not been looked at carefully enough. Councilwoman Anderson agreed this was too fast, the Council just got the P & Z resolution at this meeting to go over. Councilman Isaac agreed, and said he was not ready to vote. Stock told Council they do not have to be bound by the recommendations of P & Z. The SPA process does allow Council to tie down other elements besides zoning and density. Stock said the argument before P & Z was they were only discussing zoning and density and that there is a lack of information provided to make any decisions. P & Z's concerns with the development is how to mitigate some of the impacts. With the PUD and subdivision, P & Z would have the information on which to base a valid decision. Council outlined their various courses of action. Councilman Behrendt said he felt this Council should pursue it this evening. Councilman Wishart said it should be scheduled for the new Council to consider. Mayor-elect Edel requested the approach to have the first reading on June 11 with the new Council. Councilman Isaac moved to continue the public hearing to Tue'sday, June 12, at 5:00 p.m.; seconded by Councilman Wishart. All in favor, motion carried. Councilman Wishart moved to adjourn at 7:05 p.m.; Seconded by Councilman Van Ness. All in favor, motion carried. Kathryn ~'Koch~ City Clerk