HomeMy WebLinkAboutminutes.council.19870720Speci~-i -Meetirra--_--____ _ -A~-pen City Council .TUI y 20. 1987
Mayor Pro Tem Fallin called the special meeting to order at 5:00
p.m. with Councilmembers Isaac, Fallin, and Gassman present.
PitRCBA~E QF ~6L~NE~--~ROPE~2TY
Assistant City Manager Mitchell said this is second reading of
Ordinance #30, 1987, to purchase the Zoline property. The terms
and conditions are $50,000 earnest money, which will be presented
after adoption of the ordinance, down payment at closing August
10th of $250,000; interest only for 5 years at 10 percent
interest, and principal and interest from the 6th through 15th
years. Mitchell told Council with the purchase of 45 acres, the
city is also acquiring the water rights with the property. This
has been reviewed by the city's water counsel, John Musick, who
feels these are good water rights. There are statements in the
contract to the worth of these water rights. Mitchell told
Council Zoline has signed a petition for annexation on his
adjacent property. (Mayor Stirling came into the Council
meeting).
City Attorney Taddune said he has made all changes to the
contract Council requested at the last meeting; Zoline has signed
the contract. Taddune said the plat has been referenced as part
of the description. Language has been added in the agreement
that standard exceptions 1 though 5 of the title commitment will
be deleted and the seller will pay for the deletion except for an
exception of a discretion along the west boundary, discussed at
the last meeting. Taddune pointed out the general taxes up t o
closing will be the responsibility of the seller. All hay will
be the sellers for the 1987 season and seller will be able to
pasture horses on the property. Taddune told Council the
remedies for default in the direction of the seller and purchaser
are $50,000 liquidated damages. Taddune said the language for
the real estate commission requires that the seller to pay all
real estate commissions or brokerage charges except those commis-
sions or charges incurred by the city. Taddune said he is not
aware that the city has incurred any charges. Taddune told
Council he has included in the contract a provision giving the
city the ability to assign the contract, inserted with the idea
that the PCPA may contribute some funds.
Councilman Isaac said he would like to add to the ordinance that
the city is buying this land for open space and that it will
remain as open space until the voters of Aspen change that use.
Taddune said he feels the Council is protected by the Charter
provision. City Manager Bob Anderson pointed out there have been
at least 3 different uses mentioned for this property, all of
which might be worth studying; expansion of the golf course, use
for horses, or a snow dump. Anderson said the definition of open
space may differ between people. Taddune said there is the
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S~ecia}--ire-e-trnu~- _ - -- _ ---- - Aspen._-City Council ?lr~ v - 0 , 1987
public record, the Charter provision, and the use of sixth penny
funds to protect this property. Taddune said the reference to
open space can be added, but not knowing the full ramifications
Taddune left it out. Councilwoman Fallin said open space means
no golf course, no equestrian center but to remain the way it
has been purchased. Councilman Isaac said the public will be
happier if it is known the Council is buying this for open space,
not for building a facility on it.
Mayor Stirling opened the public hearing.
Doug Allen said he would feel more comfortable if the ordinance
contains that this property was bought for open space so it will
be clear in future years. Assistant City Manager Mitchell said
if open space is mentioned in the ordinance, people will have
their own interpretation. If this goes by the Charter, the
interpretation is agricultural use, utility easements and very
limited uses. Mitchell said there is a use agreement for the
1987 season to allow Zoline to use this for horses. Taddune said
Council has made a public record on this purchase. Councilman
Gassman said the sixth penny ordinance is vague as to what land
can be used for. Bil Dunaway said Council should decide whether
they want this flexible or strictly open space. Mary Martin
said it should be absolutely clear as to what open space is
defined as. Bill Martin said Council should stick with the
Charter; this gives the public the right to vote for what they
want this property to be.
Al Blomquist said on the map there is a 150 foot .separation
between this and the city parcel to allow a driveway and Council
should attempt to buy this strip so there is not a private road
going through a public parcel. Alan Richman, planning director,
told Council he cannot conceive that the county would approve
access to this parcel off highway 82. Blomquist said this 150
foot strip would be a major blockage to a continuous open space.
Richman told Council if Zoline's other parcel is not to be
purchased for open space purposes, it is much more effective
that this property be reviewed in the county before annexation.
The county land use code is much better suited to handle
property like this.
Mayor Stirling asked how the sector coming across from the
highway could be preserved. Joe Zoline said his intentions with
respect to the 25 acres may be ascertained by the fact he has
already dedicated in perpetuity about half of it to agricultural
open space purposes. Zoline told Council he has in mind two
dwellings on that 25 acres. Zoline pointed out one of the
homesites is right on Stage road. The other is a minimum of 500
feet from highway 82 to the suggested homesite. Zoline told
Council almost all the property south of stage road was parti-
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tinned by j udicial decree and divided into 45 acres owned by the
foundation and 25 acres owned by himself.
Mayor Stirling said with the two proposed building envelopes and
the conservation easement, the only access to the buildings is
off the highway. Zoline showed a 30 foot access easement for the
building. Richman said it has been the policy of the state
highway department not to grant additional road cuts off the
highway. Richman told Council in the subdivision review criteria
there is the ability to review that access. Blomquist said it
would be better to take the equivalent of A and move it to the
other end of the parcel. Zoline said he cannot make this any
part of the agreement because of foundation land.
Richman pointed out if the property contains any trails listed on
the master plan, the county code requires that these be dedicated
as part of the subdivision. Mayor Stirling said that strip of
ground will not be part of this transaction. Craig Ward said the
PCPA and Nordic Council are working on trail plans; this might
hurt the sixth penny funds for additional purchases. Ward said
he hopes these purchases will not be put under because of the
Zoline purchase. Ed Zasacky said the PCPA is a non-profit
organization. The offer of $100,000 is one-third their endow-
ment, which will inhibit their ability to keep up with their
other programs. Zasacky pointed out the PCPA has never asked the
Council for funding. Zasacky said the Board voted on the
5100,000 and will provide it to the city as a loan and would like
it back after 5 years or sooner with no interest. Zasacky said
the PCPA has these funds invested in government securities, and
if they hav e to sell these, they would have to sell 5105,000.
Zasacky said they would like to be allowed to transfer these
funds to Zoline's foundation at 5100,000. Zoline said he would
accept this in lieu of 5100,000. Taddune said any short term
note s require an ordinance. Councilman Tuite said he would be
willing to separate these two issues and not hold up the Zoline
purchase. Taddune read to Council recommended changes to the
ordinance referring to Section 13.4 of the city Charter.
Councilman Isaac moved to amend Ordinance #30, Series of 1987,
with the changes as outlined; seconded by Councilwoman Fallin.
All in favor, motion carried.
Councilman Isaac moved to adopt Ordinance #30, Series of 1987, as
amended; seconded by Councilwoman Fallin. Roll call vote;
Councilmembers Isaac, yes; Gassman, yes; Tuite, yes; Fallin, yes;
Mayor Stirling, yes. Motion carried.
Mary Sue Kennsington, county extension agent, told Council they
have had problems with insurance and the location of the county
fair. Ms. Kennsington said they had an emergency board meeting
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S~ecia~-__-i~e~e~t-i-n-cr----________. _ __ -_ _~~~-n~ City Council ~7v1 v 20. 1987
today about moving to the Rio Grande property. Ms. Kennsington
has met with parks director Bill Efting and he is willing to
support that request.
Mayor Stirling moved to direct the city manager to work with Mary
Sue Kennsington to stage the county fair on the Rio Grande
property and to report back to Council at the July 27 meeting;
seconded by Councilman Tuite.
Councilwoman Fallin said she is opposed to this generally but is
willing to let the fair be staged at the Rio Grande this year.
Ms. Kennsington said the fair is 3 weeks away and their back is
against the wall.
All in favor, motion carried.
Mayor Stirling moved to adjourn the special meeting at 6:10 p.m.
seconded by Councilman Tuite. All in favor, motion carried.
Kathryn S~' Koch, City Clerk __._
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