Loading...
HomeMy WebLinkAboutminutes.council.19880711Regular Meeting Aspen City Council July 11, 1988 PROCLAMATION - Friends of Africa . 1 BUILDING DEPARTMENT ADVISORY COMMITTEE 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 3 CONSENT AGENDA 4 ORDINANCE #24, SERIES OF 1988 - 1/4 Cent Sales Tax 5 ORDINANCE #26, SERIES OF 1988 - H Designation 212 W. Hopkins 5 RESOLUTION #18, SERIES OF 1988 - Air Pollution/Fireplaces 6 INDOOR CLEAN AIR ACT SIGN SECTION 9 1987 FINANCIAL STATEMENTS 11 ORDINANCE #29, SERIES OF 1988 - Appropriations 12 ASPEN INSTITUTE ZONING INITIATIVE 13 SMUGGLER MOUNTAIN LOW IMPACT SUBDIVISION 16 SUBDIVISION EXCEPTION - Martin 18 REQUEST FOR EXTENSION OF WEST FRANCIS STREET 18 MAROLT HOUSE SEPTIC SYSTEM 2l ORDINANCE #28, SERIES OF 1988 - Agency Reorganization 23 RECORDS MANAGEMENT PROGRAM - Request for Funds 23 REQUEST FOR DIRECTION ON BALLOT ISSUES 25 26 Regular Meeting Aspen Citv Council JulY_11, 1988 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Isaac, Tuite, Gassman and Fallin present. PROCLAMATION - Friends of Africa Mayor Stirling said the July 4th weekend was proclaimed "Friends of Africa" weekend. A group in Aspen has been f ormed to try to preserve wildlife in east, south and central Africa. Mayor Stirling said there was a series of events during the weekend to get money to fund a rhino park in the Nairobi National Park. BUILDING DEPARTMENT ADVISORY COMMITTEE Assistant City Manager Mitchell told Council part of the staff recommendation for changes in the building department operations was to form an advisory committee to help in reviewing the operations, recommend improvements, and to act as a communica- tions link to the community. Mitchell told Council there were a number of applications and staff is recommending Ted Mularz, Augi Reno, Chris Darakis, Ted Guy and Mac Cunningham. This committee has representation from architects, engineers, construction and development. Mitchell said this committee may also act as an oral board to fill vacant positions in the building department. Mitchell introduced the committee members. Mayor Stirling said a lot of people use the building department who are just citizens. Mayor Stirling asked if this group gives the type of representation for citizens who are not architects or developers. Mitchell said staff advertised in the paper for this committee. Mitchell told Council if there is someone who is interested in serving, they could be added to the committee. Mayor Stirling said this is an important committee with all the pressure on the building department. CITIZEN COMMENTS 1. Janet Nicholson told Council the weekend of July 4th she got a boot on her car. At that time, a police officer told her to come to Council to try and get the $50 back. Mayor Stirling said a lot of cars are booted but the Council does not deal with this. Ms. Nicholson told Council the reason the police told her to come to Council is that the sign was not lighted. Ms. Nicholson told Council the policeman started to make the person take the boots off the cars. John Goodwin, police chief, told Council he will follow this up and report back. 2. Ed Cross, Rugby Club, requested they be allowed to sell rugby-related gear in hand with their beer permits. 1 Regular Meeting Aspen Citv Council July 11, 1988 Councilwoman Fallin moved to add this to the agenda; seconded by Councilman Isaac. Councilman Gassman moved to put this on the consent agenda; seconded by Councilman Tuite. Councilman Isaac asked if they have a sales tax license. Cross said he is not sure but they have sold beer and rugby-related items in the past as a fund raiser. Councilman Isaac said he would like to make sure the club has a license. Council request the city attorney put this in the agreement. All in favor, motion carried. 3. Richard Roth told Council Aspenites to Restore Our Community has been involved in non-partisan efforts to get more people registered to vote. Roth told Council there will be a mobile registration at City Market, Tuesday, July 12, and invited Council to come and work as hawkers to get people to register to vote. Roth announced July 15th is the last day to register to vote for the August primary. Mayor Stirling said Council has a work session July 12th. 4. Si Coleman asked if the city has looked at who is respon- sible for heavy trucks damaging Durant street. City Manager Bob Anderson told Council in the course of any construction project, the engineering department looks at this. If there is anything traceable to any particular group, the engineering department will get to them. Jay Hammond, city engineer, told Council staff has done some work on other routes where they know exactly which contract and which contractor is responsible. Durant street gets a lot of bus traffic, vehicles from all projects, east/west traffic on the south side of town. Council asked that staff keep on top of this. Mayor Stirling asked if there is any mitigation effects from either of the developers for Durant street. Hammond said no; the streets are structured to handle truck traffic. As the street are impacted, the city has to accelerate their repair. 5. Jim Jackson, director of the Aspen Triathalon, told Council the event is happening September 3 and 4. Jackson said he would like to be scheduled on an agenda to discuss their plans and any impacts upon the community. Jackson told Council he has spoken to the police department about traffic. Jackson told Council he has had interest from some media and ESPN in covering this event. 6. Jon Busch asked Council to take a leadership role in the community to come up with a permanent solution to the housing needs of the M.A.A. Busch said he means faculty housing needs. Busch said he would like to see a high power task force come up with innovative solutions and the expertise to be able implement these solutions. Busch said this needs to come from Council. Mayor Stirling agreed this is a pressing problem. 2 ReQUlar Meeting Aspen City Council July 11, 1988, COUNCILMEMBER COMMENTS 1. Mayor Stirling said he met with the Aspen independent housing corporation and requested some interim measure to work with property managers on the M.A.A. housing. Councilman Tuite told Council the corporation has not had another meeting since that request. They are working on specific projects. Mayor Stirling said this organization is formed of local citizens. There is also the housing authority. Mayor Stirling said these groups can pursue the M.A.A housing problem, and the city may not have to form another task force. 2. Mayor Stirling said the U. S. post office has closed on Saturdays. Mayor Stirling said he would like to register a complaint about that with the postmaster on behalf of the citizens. Council agreed. 3. Councilman Tuite said the issues on the August 9th ballot are critical to the community. Councilman Tuite urged everyone to register by July 15. 4. Councilman Isaac asked the status of the senior golf tournament. City Manager Bob Anderson said it looks like it will not happen. Anderson said staf f will see if they can get any of their money back. Bill Efting, leisure services director, told Council there is until the end of July to see if Starr enterprise can provide something. Efting told Council there has not been much response in all the mailings that have been sent out. Efting told Council the M.A.A. has been involved. Ef ting said they may not have the right market. Efting said the city has given this 3 years, and it has not happened. 5. Councilwoman Fallin said she has had more comments about people vending in the mall under the guise of artistic endeavors. City Manager Bob Anderson told Council the city's standards are that making things out of balloons and giving them away when a specific gratuity is not asked for, is all right. If a person asks for money, that is not all right. Councilwoman Fallin said the person she saw had a big sign requesting contributions. Councilwoman Fallin said there are people selling jewelry and tee-shirts. Councilwoman Fallin said the city may need stronger language in their standards. Jon Busch told Council this issue in on the agenda for the next CCLC meeting. Council asked the CCLC to report back. 6. City Manager Bob Anderson reminded Council there is a work session planned for ~~'~- 18 on annexation f or one hour . Anderson requested Council also discuss planning office work schedule. Council agreed. 3 Regular Meeting Aspen City Council July 11, 1988 7. City Manager Bob Anderson told Council the Ritz-Carlton applicants are nearing presentations to Council. Anderson told Council in order to keep this moving, the applicants would like Council to set aside every off Monday in August and the Tuesdays following regular Council meetings. Alan Richman, planning director, told Council the applicants would like a general introductory meeting with Council August 1, in a work session. Richman said being scheduled on regular agendas will not make a lot of sense until the Council is actually amending the agree- ment. Mayor Stirling said the meetings should be constituted meetings from August 9 on. Council scheduled a work session for August 1 and a continued meeting on August 9 and 16. Richman reminded Council the applicants are trying to maintain the September 12th deadline for the project. Mary Martin requested these meetings be announced in advance and announced as open public hearings. Richman told Council the PUD amendment is not a required public hearing. There is a rezoning request associated with the ice rink/park parcel, which will be done by ordinance adoption. This is a side issue from the Ritz application. Richman told Council by August 9 meeting, they will have a memorandum reviewing the project, identifying the issues and concerns of P & Z. Ms. Martin said part of the problem with the lawsuit with the city is that they did not go through proper open hearings. Mayor Stirling said the meetings will be open but not public hearing. 8. Mayor Stirling said Governor Romer has set up a round table about the road situations in the state. Mayor Stirling said he is distressed to note only 10 percent of the representation is from the western slope. Mayor Stirling said he would like to register his concern with the Governor. Councilwoman Fallin agreed there is no one representing highway 82 or from the valley. Councilwoman Fallin moved to have the Mayor write a letter on behalf of the entire Council; seconded by Councilman Isaac. All in favor, motion carried. CONSENT AGENDA Councilwoman Fallin moved to adopt the consent agenda; seconded by Councilman Gassman. The consent agenda is: A. Armbridge Duplex B. Minutes - June 13, 1988 C. Special Event Permit - Community Church D. Subdivision Exception - Hach/McPherson (Cindy Houben) E. Rugby Club Vending Permit 4 Regular Meeting Aspen Citv Council July 11, 1988 Mayor Stirling brought up the Hach/McPherson subdivision excep- tion and a concern expressed by engineering about parking. Mayor Stirling asked if condition #3 to provide 4 acceptable parking spaces can be met. Cindy Houben, planning office, said this condition can be met. All in favor, motion carried. ORDINANCE #24, SERIES OF 1988 - 1/4 Cent Sales Tax Mayor Stirling opened the public hearing. Fred Gannett, city attorney's office, told Council he has discussed this with bond counsel, and they have no problems. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #24, Series of 1988; seconded by Councilwoman Fallin. Mayor Stirling brought up section 5 "programs with regard to the construction of a parking facility on the Rio Grande property" and asked if it is Council's intention that all proceeds from this 1/4 cent sales tax have only to do with this parking structure on the Rio Grande property. If there are any proceeds generated beyond debt retirement, that these can only be used for this facility. Councilmembers Fallin, Tuite and Isaac said that is their intent. Mayor Stirling said in the long range plan shows 53,840,000 fund balance and asked what this is targeted for. Mayor Stirling asked if there is any allowance being made for upkeep, maintenance, and replacement of the structure. Assistant City Manager Mitchell said that particular schedule will allow the city to issue bonds for a shorter term. Mitchell said once the project is constructed, the city will have to get estimates of how much to set aside to allow for maintenance. If the entire 53,840,000 is not used, it can be used to retire the bonds at an earlier date. Cindy Wilson, finance director, told Council it was not her intent in the long range plans to provide enough funds to replace the structure. Mayor Stirling asked if the city has any track record of in lieu f unds. Mitchell said the city has no experience and is not counting too much on the in lieu funds. This is an estimate from the planning department on 10 spaces per year. Roll call vote; Councilmembers Gassman, yes; Fallin, yes; Isaac, yes; Tuite, yes; Mayor Stirling, no. Motion carried. ORDINANCE #26, SERIES OF 1988 - H Designation 212 W. Hopkins Councilwoman Fallin asked why this has to be done by ordinance. Councilman Isaac pointed out this is a change in zoning. Roxanne 5 Re4ular Meetinct Aspen Ctv__Council July 11, 1988 Eflin, planning office, recommended approval of this ordinance. The application is requesting historic landmark designation. The owner intends to make alterations to the structure, including a partial demolition of the one-story lean to shed at the rear of the house, and adding 687 square feet. The applicant is using the variance setback incentive, approved by HPC. This will encroach into the rear and sideyard setbacks. P & Z approved a special review of parking reduction from 4 parking spaces to 2. Ms. Eflin told Council the historic rating of this structure was a 4. Ms. Eflin told Council this is a typical Aspen Victorian miner's cottage. The front of the house has not been altered. Ms. Eflin pointed out the immediate neighborhood is noted for its historic homes. Ms. Eflin said the applicant has requested the $2,000 grant. This approval should be made by separate motion. Mayor Stirling opened the public hearing. Mary Martin commended the applicant. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #26, Series of 1988, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. Councilman Gassman moved to approve the grant of $2,000 to 212 West Hopkins; seconded by Councilman Tuite. Councilman Isaac asked if there are guidelines on who receives how much of the grant and if the money has to be designated to be put into the house. Ms. Eflin said it is not required that this money be put into the house. The grants are for properties rated 4 or 5. The grant amount is specified as $2,000; there are no lesser funds available. All in favor, motion carried. RESOLUTION #18, SERIES OF 1988 - Air Pollution/Fireplaces Suzanne Caskey, Clean Air Board Chairman, told Council their recommendation is the CAB be given more time to work on a new voluntary and mandatory program. Ms. Caskey recommended a citizens committee be formed to help the CAB come up with suggestions that might help toward a more successful voluntary program. Ms. Caskey said lodge owners and property managers have commented they are prepared to try some voluntary/mandatory programs. Ms. Caskey presented some names for this committee of people who are involved in lodging and property management. Mayor Stirling said he is not motivated to form another group. Mayor Stirling said the CAB should continue to have their hearings and stimulated people will give suggestions. The Clean 6 Regular Meeting Aspen City Council July 11, 1988 Air Board will report to Council by September 1st. Ms. Caskey told Council the September 1st date is optimistic. Mayor Stirling said the Council can adjust this date. Ms. Caskey said Council has been feeling pressure from groups in town. These groups are saying that they do not trust the data or that they do not trust the kinds of programs the CAB has come up with, or that the CAB has not been responsive. Ms. Caskey said their idea was that specific people from different industries in town will be able to come up with and comment on programs that could be done. Councilman Gassman said it is great to get more comment and get more people involved but he has reservations about citizens boards, which dilute accountability. Councilwoman Fallin said she sees no harm in the Clean Air Board meeting with the people outlined in the letter and come back with their recommendations. Councilwoman Fallin pointed out some of the people recommended represent groups that will have to enforce whatever Council does. Councilwoman Fallin said the CAB is asking Council for help in their task. Mayor Stirling said he is not interested in setting up a formal task force. Mayor Stirling said if the CAB wants to have a citizens committee working with them on an informal basis, that is fine. Ton Dunlop, environmental health department director, told Council from a time and data management, to have a group of citizens appointed by their peers helps everyone. All of the concerns can be channeled through a spokesperson. Nick McGrath said the city will get input without appointing a committee. Mary Martin suggested Sally Roach and Margaret Albouy should also be on this committee. They have kept up consistent input and information. Councilman Isaac questioned the need for a resolution. Dunlop said he would prefer Council take a positive action in order to give staff a clear definition in which direction to go. Mayor Stirling said ordinances will come out of this process. Dunlop said it is important to make a statement which allows the community to understand the city has an equal interest in controlling dust and fireplaces. Mayor Stirling suggested a new whereas clause to address the issue of compiling the data on the PM 10 results, like, "whereas the City Council is desirous of knowing from the state what percent of the PM 10 pollution is caused by fireplaces and what percent is caused by road dust". Mayor Stirling said Section 1 only addressed the dust that is caused by what the city puts on the road. Mayor Stirling suggested adding, "and more diligently monitor all construction excavation and any other dust promoting activity in the community". Mayor Stirling said everything related to dust needs to be in this section. 7 Reaular Meetinct Aspen Citv Council July 11, 1988 Sepp Kessler in 1920 75,000 people lived in this valley and they had only wood to burn. Kessler said the city is now trying to prove that the use of a fireplace, which is only burned occas- ionally, is bad. Councilwoman Fallin said on constructions sites, the city should have a plan that is proposed through resolution or ordinance that the dust be mitigated and that all trucks carrying the dirt from sites be covered. Mary Martin said highway 82 has a lot of dirt shoulders, which used to be oiled in the past. Mayor Stirling suggested in the third whereas to change "com- mitting" to "eventually will require". Mayor Stirling said in the fourth whereas to insert after Council, "at this time" before wishes to utilize less drastic. Si Coleman said section 2 refers to the Clean Air Board informing Council how much these programs will cost. Coleman said at the CAB meetings it has been ambig- uous as relates to costs. Coleman told Council staff tends to view costs as costs to the city through the administrative structure. Coleman said there are also costs to the public at large. The Board should be obliged to provide accurate projec- tions of both kinds of costs, specific direct costs to the city and the estimated costs to the public at large. Mayor Stirling agreed the Board should advise on these types of costs but it should not be included in the resolution. Councilman Isaac asked about the date of July 1989 in section 3 and asked if that is the soonest Council will hear from staff and the CAB. Dunlop said if the information is available sooner, they will provide it to Council. Council suggested the section be amended to state "whenever available by not later than". Ms. Caskey said it is highly unlikely that Council will be able to look at the results of a new voluntary/mandatory program in one year and get a good picture. Councilman Tuite said Council will be able to get the make up of how much is from fireplaces and how much is from road dusts. Dunlop said this depends on the weather. Dunlop said this may not be definitive after one 12 month period. Dunlop told Council the city will be given a third sample which will better identify the split in sources of PM 10 the Council is looking for. Mayor Stirling moved to adopt Resolution #18, Series of 1988, with the following amendments; in the title "a" rather than "an", in the third whereas take out "committing" and put in "which eventually might require", in the fourth whereas add "at this time", add a new sixth whereas which addressing the issue of testing and results of that, in Section 1 add language to do with analyzing all construction sites and the way permits are proces- sed and the responsibility of the developer in keeping the dust down, in Section 3, July 1989 or sooner; seconded by Councilwoman Fallin. All in favor, motion carried. 8 Regular Meeting Aspen City Council JulY__11, 1988 INDOOR CLEAN AIR ACT SIGN SECTION Rick Bossingham, environmental health department, reminded Council the sign requirements of the indoor clean air act were brought up at the last meeting. Councilwoman Fallin said the city is trying to enforce not smoking in the restaurants, not signs. If people are complying with no smoking in restaurants, this is sufficient without having signs. Bossingham told Council the ordinance was written with v ery specific require- ments for signs. Councilwoman Fallin said perhaps the ordinance should be changed. Fred Gannett, city attorney's office, told Council they received complaints about the lack of signs in some establishments. Gannett said his office sent out letters asking these people to comply with the ordinance. Gannett told Council staff has many meetings with the restaurant owners to figure out if there was a way to find an accommodation. Gannett told Council staff asked these people to come to the Clean Air Board in order to request a variance. Two owners did come to the Clean Air Board and ask for a variance, and the variances were denied. Gannett told Council the main issue was the Clean Air Board's feeling that the notice provision of the ordinance is critical to people who are not familiar with the law. Gannett said having a sign assists people who do not want to take the initiative to ask people not to smoke. Gannett said he recommended the restaurant owners appeal the denial to Council. There is a mechanism for a variance. If that variance is denied, the applicants can come to Council. Councilman Isaac said he feels the signs are important because there are so many people who come to Aspen who are not familiar with the laws. Gannett said Cordon's objected to putting a sign on the wall in the dining room and suggested notification in the menus and a sign on the way to the dining room. Gannett said the ordinance requires a sign in the dining room. Sharon Mollica told Council Aspen still has the strictest law in the country, and it is not to be expected that people will know there is no smoking in restaurants. Ms. Mollica said the no smoking is not consistent; there are exceptions for restaurants that have 60 percent of their sales to alcohol instead of food. Ms. said this can be confusing to the tourists. Ms. Mollica said it should be the goal to have no signs, but currently it is impractical. Ms. Mollica said Ordinance #35 was taking the monkey off the res- taurant's back and was consistent for everyone. Ms. Mollica said she feels the sign requirements are liberal and flexible. Casey Coffman, Takah Sushi, told Council there are only a few restaurants that have a variance f or smoking. Ms. Coffman said the restaurant owners have enforced the laws and not because 9 Regular Meeting Aspen City Council July 11,.1988 there are signs on the walls. Ms. Coffman said requiring signs is punitive and is an interference with restaurant operations. Ms. Coffman said the issue is whether people are smoking in restaurants. Larry Frederick said he is in favor of the law as it stands and feels that signs are important. Frederick told Council the signs are varied and almost every restaurant has them. Frederick told Council it is a matter of attitude in some restaurants allowing smoking. Mayor Stirling said changing the sign requirement is not evidence of letting up but is an acknowledgement that this ordinance is working. Mayor Stirling said he has been amazed at the com- pliance and the spirit of cooperation. Mayor Stirling said he feels this section of the ordinance goes too far. Mayor Stirling moved to direct staff to come back with an amendment to Ordinance #35 deleting the entire sign section; seconded by Councilwoman Fallin. Mayor Stirling said he feels there has to be some notice at the full discretion of the proprietor that smoking is not allowed. Councilwoman Fallin said the signs could be at the entrance and on the menus but not in the dining areas. Mayor Stirling said he would like staff to draft minimum notice requirements. Mayor Stirling said he would like some kind of notice at the propri- etor's discretion. Councilman Isaac said there have very few complaints about this ordinance, and he would prefer not to tamper with it. Councilman Isaac said the city has to let visitors know what the community stance toward smoking is. Janet Roberts urged Council not to change the ordinance. Ms. Roberts said very few visitors are aware of city ordinances. As long as a sign is required at all restaurants, it should be lef t that way. Ms. Roberts said amending this ordinance could be the start of an erosion problem. Councilwoman Fallin said the restaurant management is to enforce Ordinance #35; how they enforce this ordinance should be at their discretion. Council- woman Fallin said the city should come down hard on restaurants that are not enforcing Ordinance #35. Ms. Coffman told Council somehow the guests are finding out about the no smoking ordinance because so few people even tried it last year. Ms. Mollica said this ordinance is working very well and the city should not mess with it. Councilman Gassman said he cannot see a reason to re- write the ordinance. Councilwoman Fallin and Mayor Stirling in favor; everyone else opposed. Motion NOT carried. 10 Regular Meeting Aspen City Council Julv_11. 1988 1987 FINANCIAL STATEMENTS Jerry Alger, Grant Thornton, told Council the auditors opinion on the financial statements reads as a clean opinion. Alger said there was one change in the city's accounting policy to deal with special assessment district, which was required by promulgation of new accounting literature. Alger told Council Cindy Wilson's letter is extensive and gives a good summary of the f inancial activity of the city. Alger pointed out both revenues and expenditures are up 9.1 percent. Overall expenditures exceeded revenues by 51,600,000; however, $2,000,000 of that represents capital outlay. Alger said if this is backed out, the city had better than a break even year. Alger said the fund balance did show a slight increase; however, most of this increase has already been designated. In the spendable increases, the city almost came out even for the year. Alger recommended a normal carryover should be somewhere between 1 and 3 months of the city' s operating expenses or 8 to 25 percent of the annual expenditures. The city is at 40 to 50 percent, which is more than enough to cover the operating expenses. Alger said the city should also include in this items for long term commitments. Alger said the city's financial position is very stable in relation to the prior year. There is some improvement overall in the balance sheet. There was a cash decrease by about 51,000,000, which was used to pay off accounts payable of 5500,000 and capital outlay. Alger said the city's budgetary controls appear to be adequate. Alger told Council the enter- prise operations look pretty strong. The water fund needs to be continued to be watched in the future; cash is continuing to be used up in that fund. Alger said the current liabilities exceed the current assets by 5300,000. The operations show a low of 5165,000. Alger said although these are negative things, it is a substantial improvement over prior years. Alger said the golf course fund almost broke even; the electric fund looks very good. Alger said the auditors did not find any weaknesses in the internal accounting that need to be brought to Council's atten- tion. There are some comments to consider in the future, like combining the purchasing function with the county. Alger said it is an opportune time to review documentation with the data processing department. Alger said the auditors are concerned that the documentation is adequate for any change in personnel. Alger told Council the audit went very well. The auditors received the information they needed, and the cooperation they required. Alger said city staff was well informed and provided 11 Rectular Meeting Aspen City Council July 11, 1988 Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ASPEN INSTITUTE ZONING INITIATIVE Mayor Stirling said this is a proposal Council received last month from the Aspen Valley Improvement Association urging Council to take immediate action to zone and preserve the entire 88 acres of the Meadows/Institute property. Alan Richman, planning director, recommended Council direct staff to initiate the zoning of the east and west meadows property. Richman pointed out the Meadows is zoned SPA with no underlying zone district. Richman told Council the city has attempted to zone this property many times in the past. In 1975, when the city did a comprehensive rezoning of the city, there was a recommendation to zone the Meadows academic. An eventual compromise was to zone the property SPA, as it is currently. Richman said in 1983, Council directed staff to look at each property zoned SPA in the community. Staff come up with recommendations for the Meadows property, which was not acted on because of the pending Cantrup bankruptcy. Richman pointed out the work in 1983-84 removed the SPA designation from many properties that did not require it. Richman explained SPA is a designation in the zoning code very similar to PUD. SPA is both a designation and a process, by which comprehensive development plans can be approved for property which allow variations in underlying requirements that normally apply to property. These are variations from dimen- sional requirements like height, open space and FAR; variations from the use limitations, the types of uses allowed on a pro- perty, and variations from parking. Richman said the standards are very clear that variations should only be granted where there is significant community benefit achieved by the comprehensiv e plan that is adopted for the property. Richman said the problem with this property is to judge v aria- tions one needs an underlying zone that one can use as the bench mark from which to make a judgement on what is appropriate on a piece of property. Richman said from this perspective, it makes it very difficult for staff, the city, the applicant to react to a development proposal from which there is no benchmark to measure. Richman said that is the reason staff is recommending that Council initiate zoning for the property. Richman said the AVIA has brought back to staff's attention there is a need for an underlying zoning. Richman said the city has had difficulty coming to an agreement with all parties involved about what the proper zoning is. Richman told Council this is a major project for the staff . 13 Reaular Meetina Aspen City Council Julv 11,_1.988 Richman told Council he received a recommended zoning approach from the AVIA, which will be considered among the alternatives for the property. The AVIA's approach will require the creation of an entirely new zone. Richman told Council there may not be a zone district in the city that will apply to this property. Richman said if Council feels this is a priority item, staff is prepared to initiate this project. Richman said the appropriate process is for Council to refer this matter to the planning office. Staff will analyze all possible alternatives and then schedule a public hearing before P & Z. P & Z will consider this recommendation, do additional work necessary and make a recommen- dation to Council. Richman said the zoning recommendation could be to P & Z by their first meeting in September. Richman told Council he would like to canvas people in the community who have interest and ideas for the property before he comes forward with a recommendation. Richman told Council the Code requires the city notice property owners within 300 feet of the property if the city is initiating the zoning. Richman said it would be a mistake for the staff to come up with this list of property owners, and suggested Council authorize staff to spend up to 52,000 for a title search. Mayor Stirling said the recommendation does not address the future and security of the existing users of the Meadows prop- erty, and the preservation of the Meadows. Mayor Stirling said if Council were to direct staff to start the process, the city might lose the flexibility related to the future and security of the existing uses. Mayor Stirling agreed the AVIA has gotten the city to focus attention on the Meadows. Mayor Stirling said the city has not seen any kind of development proposal for this property. The timing is critical for what will happen to the Institute and its future. Mayor Stirling recommended Council wait 90 to 120 days to allow the non-profit consortium to work out all the options. Mayor Stirling pointed out the AVIA survey only included 41 interviews. Mayor Stirling said the east and west Meadows have to be planned together. There are some controls to protect the property in this interim. Councilwoman Fallin agreed with Mayor Stirling. Councilwoman Fallin said she was on P & Z during the SPA discussions. The feeling was this was such a critical piece of property that P & Z wanted everyone's input and a master plan. Councilwoman Fallin said to zone this property without any kind of master plan and without any idea of what any groups want would be in a vacuum. Councilman Gassman said he cannot see what is to be gained by waiting. Councilman Gassman suggested the non-profits groups future are insecure because the city has refused to exercise its statutory authority and zone the property. Councilman Gassman 14 Reaular_Meetina Aspen City Council July 11, 1988 said this is not going to be an easy process. There are a lot of conflicting i me re st s and goals . Councilman Gassman said he feels it is the public's responsibility to sort these out and to come up with a zoning plan. Councilman Gassman said the city knows what shakes out after years and years, and that is con- fusion for everyone involved. Councilman Isaac agreed with Councilman Gassman. The city has a piece of land with no rules, and everyone is uneasy about it. Councilman Isaac said it will take a long time to do this process and it is not something that will happen over the next two months. Councilman Tuite said he agrees with Fallin and Stirling. The city can wait 90 days. Marc Friedberg, AVIA, told Council they have been requested to wait and to allow the owners and non-profit users to work out a scheme for the future of the property. Friedberg said the AVIA feels because it is a long process and there will be a lot of opportunity for public input, this is not a rush program. Friedberg said the Council will be honoring a strong sentiment reflected in the survey. Friedberg said if the Council initiates this zoning, they will get the process underway and will not short circuit any possibilities for the users to work something out with the owners. Kris Marsh, representing the consortium, suggested Council postpone this discussion until the consortium has completed its work. Ms. Marsh told Council they have made a lot of progress. The non-profits groups have come together and are developing a consensus and the beginning for a master plan. Gideon Kaufman, representing the Institute, urged Council not to take the zoning action. Kaufman said there is no one more concerned about the future of this property than the non-profit groups, and no one needs to move quicker than the non-profit groups. Kaufman said their future in Aspen in intrinsically tied to a speedy resolution, and time is running out for them to resolve the f uture in Aspen. Kaufman said the consortium has gotten together to examine their own needs and the needs of the other four groups. Kaufman said they are excited about the progress that has been made. The job is not finished yet. Kaufman said in the next 4 to 6 months, they will have a proposal they would 1 ike to be the corner stone for the future of this property. Kaufman said the consortium is concerned that their future will be dictated by zoning which is hastily put into place. Kaufman said the concept is to have this group come up with something creative and to have Council approve the plan. Kaufman said the consortium does not want to have to go against the stream of what 15 Regular Meeting Aspen City Council July 11, 1988 has been come up with. Kaufman said the consortium wants to work with the owner of the property and with the community. Kaufman said the consortium first wants to understand exactly ondttohitr needs are, create a plan and have the community resp ened. The Kaufman said it has been 13 year s a in the next 4s toa 6pmonths . consortium will have a presentation John Moore, president of the Aspen Community Institute Committee, asked Council to listen to the Institute who are planning and developing ideas on the best use of that property. Mary Martin said the Institute is zoned a specially planned area. Ms. Martin said it behooves Council to listen to the owners of the property and the principles users of the property. Fritz Benedict, M.A.A. , requested Council h meetin • for e4 cmonths tium is making progress. They have been g and need a little more time. George Stranahan, representing Aspen Center for Physics, agreed they ha~e s ise thatatheyohavesa Stranahan said reason they have made prog small group working and they have had the flexibility to look at any possible concept that comes up given the existing laws. Mayor Stirling said they will look forward to the results of the consortiums' work. SMUGGLER MOUNTAIN LOW IMPACT SUBDIVISION Francis Krizmanich, planning office, said this is a referral from the county to get the city's concerns on a low impact sub- division, 10 residential lots on Smuggler Mountain. Krizmanich pointed out the lots to Council. Krizmanich said there are 3 residential lots proposed lower on the mounta~n and 7 on top of the flat part. Krizmanich said the Council s concerns may be public access and visual impacts on the city. Krizmanich said this is scheduled for August 16 before county P & Z. Councilwoman Fallin asked what about the 8040 greenline review. Krizmanich told Council the county does not have an 8040 green- line review. Krizmanich told Council 8040 is just below the lowest house. Councilwoman Fallin said she is opposed to this subdivision. The visual impact as it now stands is quite dramatic. Councilwoman Fallin said when the 8040 greenline was established by the city, the city was trying to prevent that type of visual impact. Councilman Isaac said he is opposed to the impact visually. The access is bad. There is development going on with a su hat aroad~ road. Councilman Isaac asked who will be servicing Councilman Isaac said this development goes against any kind of planning this community has been doing over the past 20 years. 16 Regular Meeting Aspen City Council July 11, 1988 Councilman Isaac said development has been going away from Smuggler. Councilman Isaac said this areas is not well designed for a lot of development. Councilman Isaac asked how this area will be serviced and who will pay for it. Krizmanich said there is a question whether Smuggler Mountain road is public or private. Krizmanich said the applicants are willing to give public access and would like the county to take over the road in the future. Mayor Stirling said he feels this is a total invasion of wilder- ness. Mayor Stirling said Red Mountain should probably have not been developed and is developed too high. Mayor Stirling said previous Councils stopped development from going up Aspen mountain but probably stopped them too late. Mayor Stirling said this area on Smuggler is pockmarked with mines and tunnels and is extremely unstable and is not intended to be developed. Mayor Stirling said the visual effect on town would be appalling. Mayor Stirling said the steepness and access issues are very critical. Mayor Stirling said the cost to bring water, power and sewer would be astronomical Developing their own systems up there would be catastrophic. Mayor Stirling said this development is inappropriate. Councilman Gassman agreed with the statements. Councilman Gassman said he used to be on county P & Z and is very familiar with the Smuggler area. Councilman Gassman said this is exactly what so many people worked years and years to prevent, which is castles on the mountain. Councilman Gassman said this develop- ment is inappropriate for all the reasons stated. Councilman Gassman said the existence of undeveloped areas is one things that makes the town work. Mayor Stirling agreed this area is rural in its profile. Councilman Isaac suggested the city draft a resolution urging the county to deny this application for the reasons expressed by Council. Si Coleman said the Council should be careful. A lot of what is done in this country depends on due process. Coleman said if the Council states their positions in formal ways, they will be underwriting the prestige of the Council of what was a shoddy procedure by changing the rules after an applicant appeared. Councilman Tuite said if the city ever annexed this area, he would fight against the city taking over this road. Councilman Isaac said he would like the public to be granted access on that road in perpetuity. Councilman Isaac moved to have the planning office draft a resolution stating Council opposition to this application; seconded by Councilwoman Fallin. All in favor, motion carried. 17 Regular Meeting Aspen City Council July 11, 1988. SUBDIVISION EXCEPTION - Martin Councilman Gassman moved to approve the Martin condominiumization based on conditions 1 through 4 in the planning office memoran- dum, deleting the condition requiring the sidewalk; seconded by Councilwoman Fallin. Bill Martin said the house is 18 inches on city property and was built in 1890. The purpose of this application is for estate planning. Martin requested a non-revokable encroachment because a regular encroachment can be revoked at some later date. Councilman Isaac suggested that the encroachment be approved for the life of the building. If the building were to be removed, the encroachment would have to be removed. City Manager Bob Anderson said an irrevocable encroachment may be prohibited by Charter. Martin said an encroachment for the life of the house would be fine. Mayor Stirling said he would like to know what this type of encroachment would to do precedent. Cindy Houben, planning office, pointed out that the fourth condition is that the applicant needs to go back to the engineering department for a request for encroachment permit. Council could approve the subdivision exception with that condition. All in favor, motion carried. RE UEST FOR EXTENSION OF WEST FRANCIS STREET Jay Hammond, city engineer, told Council the far west end of Francis right-of-way ends at the original townsite line. Hammond said the Sharp property, to the north of the right-of-way, is slated for development in the near future. In conjunction with the potential development, the adjacent neighbors have requested the city consider acquisition of additional right-of-way from the Sharp parcel. Hammond noted if Sharp develops, he wold be required to pay an $8,000 park dedication fee. Hammond said the city would need to purchase that right-of-way from the general fund, transfer that to the land fund, as opposed to waiving the fee. Hammond told Council in 1983 in the Herndon subdivision, the end of the right-of-way was acknowledged, and the access to adjacent properties was established by the Herndon subdivisio n platting. Hammond told Council the extension of this right-of- way is of direct benefit to a couple of properties. Current access is adequate although not ideal. Hammond recommended not waiving the park dedication fee or acquiring additional right-of- way. Hammond told Council the streets department has utilized that end of the street but it is not vital to their operation. Mayor Stirling said the fundamental question is who wants the land. Mayor Stirling said it appears the city neither wants nor 18 Regular Meeting Aspen City Council July 11, 1988 needs the land. Councilwoman Fallin said this area has been used as a street for many years. Councilwoman Fallin said the neighbors want the land the most. Councilwoman Fallin said this area should remain in the public domain and should remain a street. Councilwoman Fallin said the city should buy the right- of -way . Councilman Gassman said he is not sure the city needs the land. Councilman Gassman said it is clear this is a street whether it is a deeded street or not and all the neighbors think it is a street. Councilman Gassman said he is not pleased that a property owner is going to build a fence and ask $8,000 from the city for land which is of no use to him. Councilman Gassman opposed giving Sharp any money because that is paying someone who is causing the problem. Councilman Gassman said at the last meeting he was critical of the city manager for referring people to the center for conflict resolution. Councilman Gassman said this may be a case where the center is appropriate. Councilman Gassman said he does not feel this is a public domain issue. Councilman Gassman encouraged an effort in resolving this between the people involved. City Manager Bob Anderson told Council he contacted Sharp and suggested having a street in front of his property might be a benefit to his property. Anderson told Council he asked Sharp to consider giving a right-of-way to the city, which is common in developments. Anderson told Council Sharp was unresponsive to that. Anderson said if this were a subdivision today, the city would have the applicant dedicate enough right-of-way at the end so a cul-de-sac could be designed. Anderson said this area is the result of a number of occurrences. Anderson told Council what complicates this is a late subdivision action participated in by some of the neighbors, at which time this question would have been better addressed. Fred Gannett, city attorney's office, told Council he does not believe the city has a prescriptive right. Gannett said the question is whether the use of the land is open, notorious and hostile. Gannett said there has been no indication that the city has used the road with the intention of owning it. Gannett said all the indications of the use of that land is that it was permissive. Gannett said the other issue is whether the Herndon subdivision is a self-created problem. Gannett told Council when the lot split went through, there was an opportunity to address the access issue. The Herndon lot split did address the access issue but not very satisfactorily. Councilman Isaac asked if there is an interest in sharing the $8,000 cost. Sally said a remain as is and that Sharp's property could from the neighbors small road should start adjacent to 19 Regular Meeting Aspen City Council July 11, 1988 the road. Sally said it would be a mistake to have the end of the road taken up by a large building and would destroy the atmosphere of the neighborhood. Sally said she would be willing to contribute to the effort of retaining what is there right now. Connie Madsen said they would be willing to contribute. Ms. Madsen said people in the area have been using the road as access for 35 years. George Madsen said if the city were going to approve a new subdivision in this area, they would demand land for a cul-de- sac. Madsen said the road has historically run to the right; however, going straight in would take out some landscaping. Madsen said the city has done a good job using other people's property at the end of the road for years. Madsen said the neighbors like the planned paving. The paving will require the city put in some drainage. Madsen said their residence has been there since the 1950's. Madsen said the neighbors prefer a cul- de-sac and the historic alignment. Rick Becker said his brought his property thinking this was a street. Becker told Council he has a 1883 lithograph which shows Francis street going all the way to the bluff. Becker said this should remain a street. Carl Bergman requested Council go along with Madsen's recommendation. Jim told Council the last half of the street is a sloping down situation towards the bluff. One of the garages gets water in it now. If this street were paved, the houses could get all the snow melt into them. Anderson pointed out the portion Sharp is talking about trading for $8,000 is not sufficient for a cul-de-sac. Anderson pointed out a cul-de-sac would take up more right-of-way than Sharp is talking about. Sally asked if the city and neighbors had met with Sharp to see if they can come to an agreement about a proper, sensitive use of the road and area. Anderson said he would be willing to offer this over to conflict resolution, which will give the opportunity for both sides to state their point of view and feelings. Mayor Stirling moved to go to conflict resolution with Bob Anderson taking the lead; seconded by Councilman Gassman. Councilwoman Fallin said she would like to know if the process is going to take place by the next meeting. Connie Madsen told Council Sharp has already been asked to do conflict resolution, and he has refused. Jim said since this has been a used road for 35 years, would it be possible for the city to condemn it. Gannett said condemnation is possible. The city would have to pay fair market value. Hammond told Council to align the existing road to match the access created in the Herndon sub- 20 Regular Meeting Aspen Citv Council July ll, 1988 division would require shifting the road to the south but not onto other properties. All in favor, motion carried. MAROLT HOUSE SEPTIC SYSTEM Mayor Stirling moved not to make an improvement and let the house sit vacant; seconded by Councilman Gassman. Councilman Isaac disagreed and said the city should put a septic tank in and use the house for employee housing. Mayor Stirling said he opposes using this to give one employee housing. It was not the intent of purchasing the Marolt property. Mayor Stirling said using this for day care benefitted a lot of people. Councilman Isaac said there is a shortage of employee housing. Councilman Isaac said if the city is not going to do any sewer hook, the city should tear the house down. City Manager Bob Anderson said if the decision is not to use the house, it would be in the city's best interest to tear the house down because the city does not have the wherewithal to keep it from being vandalized. Anderson told Council the city has an obligation to provide the same thing that the city leverages from other developments. The city is not doing this, and they should. Anderson said the city is in a position where more and more employees are not being able to live in a reasonable vicinity. Anderson said this can cause a situation in emergen- cies where it takes a long time to respond. Anderson said having an employee close to town as well as monitoring the property gives positive benefits to the community. Anderson said another option is the police department is looking for a holding area for people who are intoxicated with drugs or alcohol as an alternative to taking people to Glenwood. Anderson said any of these options would need a septic tank. Mayor Stirling said the development of 1,000 public units by the city and county housing authority is a major response to the housing situation. Mayor Stirling said he would like to know what percent of city and county employees are living in public housing. Anderson said he is not sure what the city has done to sponsor housing specifically for its workers to the degree some other employees have done. Bill Efting, leisure services director, told Council there is a shortage of space at the existing parks and golf facility. Efting said the last 3 years he has discussed adding on to this facility. Efting said by moving the parks department to this house would provide enough space for the golf department that they would not have to add on. Efting said this solution would 21 Regular Meeting Aspen City Council July 11, 1988 also keep the parks department equipment off highway 82. Fred Gannett, city attorney's office, pointed out if the city does not submit an application by July 29 getting a new access permit to the Marolt property, the city will lose access. Gannett told Council the highway department has said they will accept going back to the existing use provided the levels do not increase. Gannett told Council he has an application ready for this permit. Councilman Gassman and Mayor Stirling in favor; Everyone else opposed. Motion NOT carried. Councilman Isaac moved to construct a septic system for the Marolt house and look into the possibility of various uses, including employee housing or a holding f acility for the police department. Motion DIES for lack of a second Councilman Tuite moved that Bill Efting work with Bob Anderson and look at the solution of using this as a parks area for their storage to save the money to build a new building; seconded by Councilman Isaac. Councilwoman Fallin said she is opposed to this motion. Council- woman Fallin said she does not feel the house should sit vacant. Councilwoman Fallin said the city needs to address what the parks association has said about the Marolt property. The house is in a direct line of the trail system proposed for the property. Councilwoman Fallin said the house probably needs a lot of upgrading to be used by anyone. Councilwoman Fallin said it is more prudent to not make any improvements and to tear the house done. Efting said he does not think the house is old enough to be historically designated. Anderson said the historical society has been more concerned about the out buildings than the house. Mayor Stirling said this proposal just puts off addressing a parks facility. Counc~ilmembers Isaac and Tuite in favor; Councilmembers Fallin, Gassman and Mayor Stirling opposed. Motion NOT carried. Councilwoman Fallin moved not to make any improvements on the house and to tear the house down for the proposed trail; seconded by Councilman Gassman. Mayor' Stirling asked if it would be possible to have the house moved rather than tear it down. Councilwoman Fallin amended her motion to have the house removed; seconded by Councilman Gassman. Councilman Tuite said this house is in good shape. Councilwoman Fallin said this is an old house and things will go wrong with it. Councilman Isaac said this can be viable housing for employees in this community. Councilman Isaac said it is a shame 22 Regular Meeting Aspen City Council July 11, 1988 to tear down a useful structure for lack of money to do any improvements. Councilman Tuite agreed and said if something happens to the house because of the realignment of highway 82, the city still got 2 or 3 years of useful life for that building. Councilman Tuite said the city is not in a position to tear down potential employee housing or storage buildings that are needed. All in favor, with the exception of Councilmembers Tuite and Isaac, Motion carried. ORDINANCE #28, SERIES OF 1988 - Agency Reorganization Councilwoman Fallin moved to read Ordinance #28, Series of 1988; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #28 (Series of 1988) AN ORDINANCE AMENDING ORDINANCE N0. 1 (SERIES OF 1986) TO ORGANIZE CITY DEPARTMENTS INTO FOUR AGENCIES AND ONE DEPARTMENT, TO BE KNOWN AS "PLANNING AND ZONING DEPARTMENT", DEPUTY CITY MANAGER AGENCY", "PUBLIC WORKS AGENCY", "PUBLIC SAFETY AGENCY", AND "LEISURE SERVICES AGENCY" was read by the city clerk Councilman Gassman moved to adopt Ordinance #28, Series of 1988, on first reading; seconded by Councilwoman Fallin. City Manager Bob Anderson told Council he determined after looking at the agency that included planning, environmental health department and building that it was too much for any one person. Anderson said the idea of hiring a pure administrator came up before the county, and they rejected the premise. Anderson said the head of the planning agency was also taking on the administrative burden of the other groups. Anderson pointed out the planning director has to staff 7 boards. Anderson said this was not working and he came up with another approach. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. RECORDS MANAGEMENT PROGRAM - Request for Funds Assistant City Manager Mitchell said the county is requesting the Council to form a joint records management effort. Mitchell said the county has been funding a records position. In order to carry this out through the end of the year, the county is requesting the Council appropriate $17,000 and expand the records efforts into the city. Mitchell told Council as a test program, he had Barbara Norris review the manager and personnel files. 23 Regular Meeting Aspen City Council July 11, 1988 Mitchell said as a result of this review, Ms. Norris came up with recommendations indicating that the records management function is a worthwhile effort. Mitchell said the city has to balance their priorities of spending $17,000. Councilwoman Fallin asked if this money is to come from the contingency fund. Mitchell said that is the only location based on the appropriations made to the snow melt and ice garden. The general fund fund balance does not have any cash available. Councilwoman Fallin asked why this cannot be put into the 1989 budget. City Manager Bob Anderson said if the city were starting a new program, that would be the logical way to do it. Anderson pointed out this is a program started by the county and this is an area where the county has cut back under the theory if the city and county are going to be joint, this program makes more sense jointly than individually. Anderson said in an attempt to determine whether this is worth it to the city, the city has had Ms. Norris working on some city projects to see what the value is to the city. Councilman Isaac agreed this would be better taken up during budget time in conjunction with evaluating other programs. Councilman Isaac moved to deny the county's request for $17,000; seconded by Councilwoman Fallin. Councilman Gassman concurred and pointed out the city has six months to make it through with their contingency funds. Anderson said records is an area which most organizations do not deal sufficiently with. Anderson said it makes sense to continue this program because it is already in place. Mark Fuller told Council he has been working on this project f or 1-1/2 years and it is a very large project. Fuller said the project has been slow to develop; however, it has become clear that it is a project that addresses a problem that is only going to get worse. Fuller urged Council to support this program now that it has shown it can have immediate impact on records management problems. Mayor Stirling said this request would wipe out over 50 percent of the contingency fund with almost half a year left. Mayor Stirling asked if the county will continue this program. Fuller said the BOCC has expressed reluctance about continuing because they have competing priorities. Mitchell said the county has indicating they will not continue it. Mayor Stirling agreed it is easy to be overwhelmed by paper, and one thing done poorly by organizations is the system of keeping things in order. Anderson said another possibility is there may be a need in the water department water system, and the city could think of a few projects that would be out of enterprise funds. All in favor, motion carried. 24 Regular Meeting Aspen City Council July 11, 1988 Mayor Stirling said this should be scheduled for the budget hearings. REQUEST FOR DIRECTION ON BALLOT ISSUES Councilwoman Fallin said the League of Women Voters is going to do an information pamphlet on the ballot issues. The League is also going to be on Grassroots for the candidates. The League needs from the city basic information to publish a pro and con issue paper. These pamphlets will be distributed around town. Assistant City Manager Mitchell said this proposal is to put out a factual statement on the ballot issues and to publish it twice in both newspapers . Mayor Stirling said the city should work with the League of Women Voters. Councilman Isaac moved to approve an expenditure of up to $1500 for the ballot question information out of contingency; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Councilman Tuite brought up the motion on the Marolt house. Councilman Tuite said if Council's concern is maintaining the house, he would like the Council to ask the groups back in the have shown concern f or the Marolt property to see if they would have a use for the house. Councilman Tuite said he does not see the city being in a position where they can tear down an asset. Councilman Gassman said he does not think the Marolt house is an asset, based on what the taxpayers voted to spend the money for, this is a liability and conflicts with the property. The city did not buy the land to develop it. Anderson said the city will not be tearing the house down until he comes back to Council. Meeting adjourned at 8:40 p.m. ~~ .L >d Kathryn Koch, City Clerk 25 Rectular Meeting Aspen City Council July 11, 1988 with accurate information. Councilman Isaac congratulated Cindy Wilson for a good audit and that the finance department is doing a good job. Mary Martin asked what is the total bonding includ- ing interest and what is the city's bonding ceiling. Ms. Wilson said the total amount of bonds the city can issue is defined by the Charter, although it is higher than the city can bond at the moment. City Manager Bob Anderson told Council the city and county are doing a joint motor pool system and joint purchasing in that area. ORDINANCE #29, SERIES OF 1988 - Appropriations Councilwoman Fallin moved to read Ordinance #29, Series of 1988; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #29 (Series of 1988) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $75,500; APPROPRIATING GENERAL FUND EXPENDITURES OF $56,450; REDUCING GENERAL FUND EXPENDITURES OF $5,000; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $1,750; TRANSFERRING $192,000 FROM TH E GENERAL FUND TO THE ICE GARDEN FUND; RECOGNIZING LAND FUND REVENUES OF $40,000; APPROPRIATING LAND FUND EXPENDITURES OF $87,835; RECOGNIZING WHEELER TRANSFER TAX FUND REVENUES OF $10,000; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $10,000; REDUCING 1985 SALES TAX REFUNDING REVENUES DEBT SERVICE FUND EXPENDITURE OF $60,000; REDUCING 1987 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND EXPENDITURES OF $45,000; APPROPRIATING WATER FUND EXPENSES OF $25,000; APPROPRIATING ELECTRIC FUND EXPENSES OF $ 9 , 10 0 ; APPROPRIATING GOLF COURSE FUND EXPENSES OF $105,000; REVERSING A TRANSFER OF $60,000 FROM THE GOLF COURSE FUND TO THE 1985 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND; REVERSING A TRANSFER OF $45,000 FROM THE GOLF COURSE FUND TO THE 1987 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND; APPROPRIATING ICE GARDEN FUND EXPENSES OF $192,000 was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #29, Series of 1988, on first reading; seconded by Councilman Isaac. Mayor Stirling questioned the water fund legal fees. Assistant City Manager Mitchell told Council these fees cover items that have come up in discussions with Council, like Ruedi water sales, Green Mountain water reservoir sales. Mitchell said these are long term issues the city continues to work on. These. fees come out of the water fund. 12