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HomeMy WebLinkAboutminutes.council.19901126Regular Meeting Aspen City Council November 26, 1990 YOUTH CENTER REQUEST TO WAIVE FEES 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 2 CONSENT AGENDA 3 LIQUOR LICENSE BUSINESS 4 ORDINANCE #73, SERIES OF 1990 - Amending 1990 Housing Guide- lines 4 ORDINANCE #72, SERIES OF 1990 - 734 West Smuggler Condominium- ization 5 REQUEST FOR FUNDS - Early Learning Center 5 ACRA LEASE AT PARKING GARAGE 6 ACRA REQUEST COUNCIL TO JOIN ACRA BOARD 6 HYMAN PROPERTY PURCHASE UPDATE 7 CASTLE CREEK VALLEY RANCH WATER AGREEMENT 9 ORDINANCE ##74, SERIES OF 1990 - Purchase Meadows Conservation Land 9 ORDINANCE #77, SERIES OF 1990 - Senior Property Tax Rebate 10 ORDINANCE #76, SERIES OF 1990•- Driveway Slope 10 ORDINANCE #75, SERIES OF 1990 - Appropriations 11 RESOLUTION #54, SERIES OF 1990 - State Rehabilitation Credit 12 RESOLUTION #53, SERIES OF 1990 - Endorsing In-town School Sites Plan 13 14 Regular Meeting Aspen City Council November 26, 1990 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Tuite, Pendleton, Gassman and Peters present. YOUTH CENTER REQUEST TO WAIVE FEES David Mitchell requested a waiver of fees for the youth center of the building permit fee $3600, water tap fee $7170 and reimburse- ment of the plan check fee Hof $2365 for a total of $13,000. Mitchell told Council they have been getting the community involved in fund raising. The County Commissioners voted toady to waive their fees. Mitchell presented a petition requesting waiver of fees signed by students of the middle and high school and community and country day schools. Councilman Peters said he is willing to consider waiving the plan check and building fees but not the water tap fees. Councilman Peters said the city has just gone through a series of work sessions to determine whether waiving tap fees was appropriate. Council agreed the only reason to waive tap fees was for 100 percent deed restricted affordable housing. Councilman Peters said waiving tap fees for other than that purpose would be reopening the issue. Councilmembers Pendleton and Tuite agreed to consider waiving the plan check and building permit fees but not the water tap fees. Councilman Gassman said the city has already made a substantial contribution to the youth center. Mayor Stirling moved to direct the city manager to come back on December 10 and propose to Council a method by which to alleviate the costs of the plan check and building permit fees for the youth center; seconded by Councilman Peters. All in favor, with the exception of Councilman Gassman. Motion carried. CITIZEN COMMENTS 1. Mark Pearson, Aspen cross country center, requested permission to submit an application to the planning process to light a small section of the cross country trails at the golf course. Pearson told Council this is experimental, up to 5 days a week until 8 p.m. Amy Margerum, planning director, told Council they have to go through a two-step process; however, in order to apply they need Council's permission because this is city property. Mayor Stirling moved to direct the city manager to proceed with the application assuming there will be public comment during the process and it will come back to Council; this should be expedited as much as possible; seconded by Councilman Peters. All in favor, with the exception of Councilman Gassman. Motion carried. Pearson requested having the planning application fees waived for this also. • 1 Regular Meeting Aspen City Council November 26, 1990 COUNCILMEMBER COMMENTS 1. Councilman Tuite told Council RFTA has met and discussed the hook route, which is an attempt to move people around better. RFTA has agreed to come up with a conceptual plan and will report back to Council. 2. Councilman Tuite asked about the water conservation ordinance. Carol O'Dowd, city manager, told Council this ordinance is a month away. Staff is working on it with local contractors and land- scapers. 3. Councilwoman Pendleton moved to take off the consent calendar Resolution #53, 1990 - Endorsing In-town School Sites plan and move it to IX(m); seconded by Councilman Tuite. Councilwoman Pendleton said she has a hard time approving a draft plan which urges Council to buy the yellow brick school. Council- woman Pendleton said she would like the draft plan reworded and also like some discussion about how the city would pay for the school. Councilman Peters said the draft plan is not a final document and there is no commitment of Council for any financial resources. Councilman Peters said the work program is to look at an implementation plan and to present it to Council. Mayor Stirling said this resolution reflects the action Council has already taken in endorsing the draft plan. Councilwoman Pendleton said if this is a draft plan, Council should be able to change it. All in favor, motion carried. 4. Councilwoman Pendleton brought up the youth center agreement. Jed Caswall, city attorney, told Council the matter discussed in his November 23 memorandum has been resolved. 5. Councilman Peters said h~ would like to table IX(g) Castle Creek Valley Ranch Water Agreement until the next Council meeting. Councilman Peters said there is no staff memorandum and no background information. Carol O'Dowd, city manager, told Council this is a long standing issue and has been worked on for a long time. Ms. O'Dowd said the county has reviewed the agreement. This is transferring water rights to the city/county water trust and trading some senior water rights that will augment the city' s water rights. Councilwoman Pendleton moved to table this to December 10; seconded by Councilman Gassman. All in favor, with the exception of Councilwoman Pendleton. Motion carried. 2 Regular Meeting _ Aspen City Council November 26, 1990 6. Mayor Stirling announced Ordinance #77, Senior Citizen Property Tax Rebates will be heard December 17th. 7. Mayor Stirling asked about the sidewalk on Main street in front of the cleaners that has been torn up and not repaired. Bob Gish told Council it should be fixed by next week. 8. Mayor Stirling said there is a challenge brewing to the Zoline lease Council negotiated with MCDC. Mayor Stirling said there is a memorandum to the Pitkin County Parks Association dated November 15 on the legality of the proposed 99 year lease. PCPA has set up a committee to review the election and the Zoline lease to prepare an open space ballot issue for the city. Mayor Stirling said the claim is that some of the ballot language has not been met. 9. Mayor Stirling asked about the housing office budget. Staff told Council this is scheduled for the December 17th meeting. 10. Mayor Stirling said the city received a letter from Governor Romer commending the city on the work on Highway 82 on Independence pass. 11. Carol O'Dowd, city manager, said the Critical Incident Management Unit procedures will be reviewed by the sheriff and police chiefs. There will be a report back to Council. 12. Carol O'Dowd, city manager, told Council staff will be proceeding with soliciting bids for an automated system for the parking garage. Staff will put together a program for new fees and will bring the final plan back for approval. 13. Carol O'Dowd, city manager, told Council there is a new project engineer in the engineering department, Rob Thompson. 14. Carol O'Dowd, city manager, told Council there will be some disruption of sidewalk in front of the Hotel Jerome. There is a leak in their snow melt system, which they need to repair. Since they are disrupting the sidewalk, the city will also fix a leaking hydrant at that corner. 15. Mayor Stirling asked about overtime charges for special event permits. Bill Efting, assistant city manager, told Council they money has to come from somewhere; this is an accountability problem. ' CONSENT AGENDA Councilman Tuite moved to adopt the consent agenda as amended; seconded by Councilman Gassman. The consent agenda is: A. Minutes - November 12, 1990 3 Regular Meeting Aspen City Council November 26, 1990 B. Financial Performance Report C. House Lease - Jack Reid D. House Lease - Larry Ballenger E. Aspen Youth Center Construction License All in favor, motion carried., LIQUOR LICENSE BUSINESS Councilman Gassman moved to approve the corporate restructure of Gordon's and name change to 72 Aspen; seconded by Councilman Tuite. All in favor, motion carried. Councilman Gassman moved to approve the renewals for the Mother Lodge and Eastern Wind; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #73, SERIES OF 1990 - Amending 1990 Housing Guidelines Councilman Tuite moved to read Ordinance #73, Series of 1990; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #73 (Series of 1990) AN ORDINANCE AMENDING THE ADOPTION OF THE 1990 AFFORDABLE RESIDENT HOUSING GUIDELINES AS APPROVED BY ORDINANCE NO. 37, SERIES OF 1990, AS RECOMMENDED BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY' was read by the city clerk Councilman Gassman moved to adopt Ordinance #73, Series of 1990, on first reading; seconded by Councilman Peters. Councilman Tuite asked what guidelines have been adopted when someone living in a restricted units exceeds the guidelines; what notice is given and what is the procedure. Councilman Gassman said the policy is when a lease comes up, people are notified. People have to re-qualify every year. There has not been an effort made to throw people out before their leases are up. Councilman Peters said this provides clarity on income levels and size of units. Councilman Peters noted the memorandum points out that purchase of a low income unit for $28,000 income cap is a difficult type of purchase. Under the new guidelines, the maximum for two-bedrooms has been lowered to $25,000, which means it will be more difficult to qualify for these units. Mayor Stirling said he has heard complaints that people on the waiting list are being jumped over and people who do not meet the minimum guidelines are getting housing. Councilman Gassman said the housing authority is actively trying to hire more staff. 4 Reaular Meetna Aspen City Council November 26, 1990 Councilman Gassman said he will check on this and report back. Mayor Stirling said the Marolt housing will be ready for occupancy in December Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #72, SERIES OF 1990 - 734 West Smuggler Condominiumiza- tion Councilwoman Pendleton moved to read Ordinance #72, Series of 1990; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #72 (Series of 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUB- DIVISION EXEMPTION FOR THE CONDOMINIUMIZATION OF 734 WEST SMUGGLER, LOTS K,L,M, BLOCK 14 was read by the city clerk Councilman Gassman moved to adopt Ordinance #72, Series of 1990, on first reading; seconded by Councilman Tuite. Leslie Lamont, planning office, told Council this is subdivision exemption for a newly built duplex. The applicant will pay an affordable housing impact fee of $16,100. There will be a six month minimum restriction. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Pendleton, yes; Peters, yes; Mayor Stirling, yes. Motion carried. REQUEST FOR FUNDS - Early Learning Center Mayor Stirling said Council wants to affirm they are in favor of granting start up money for this program. Mayor Stirling said he has discussed this with the chair of the school board who indicated an enthusiasm for receiving the grant, administering it and working with this group. Councilman Peters moved to contribute $60,000 to be administered by the school board $5,000 from 1990 and $55,000 from 1991 out of the day care fund; earmarked $30,000 for one-half year salary for an administrator, to complement the outstanding grant of the Early Learning Center to the Aspen Foundation, and $30,000 for other design, engineering and professional services to help craft a plan for remodelling and upgrading of the red brick school building; seconded by Councilwoman Pendleton. All in favor, motion carried. 5 Regular Meeting Aspen City Council November 26, 1990 ACRA LEASE AT PARKING GARAGE Jed Caswall, city attorney, told Council the one outstanding item was the utility issue; the Chamber has agreed to pay $500 per month to help defray utility costs over the term of the lease. There is a provision in the lease which allows the city to adjust that if the Chamber makes a substantial demand for increase in utility services. Caswall told Council ACRA wants 8 passes for the parking garage. Caswall said the rend has been adjusted to $160,000 for 5 years. Caswall told Council he has received word from the bond assurance company that the sub-lease was agreeable to them. Councilman Peters said he has reviewed the minutes of discussion of this lease. The minutes indicate that the lease amount would be $30, 000; any additional ACRA specific improvements would be paid back as a short term note. Councilman Peters asked what was spent for ACRA specific improvements. Tom Hines, ACRA, told Council they paid for the specific improvements. Councilman Peters said he would rather not have the city underwriting additional expenses for utilities. This will not be encouraging economy in utilities. Councilman Tuite pointed out the city has been subsidizing the Chamber and the reservations at the lift #1 building for years. There is a subsidy that the city is accepting. Councilman Peters said this is a significant subsidy. Mayor Stirling said this lease to the ACRA will generate use of the parking garage. The ACRA will be amalgamated in one space for the first time in years. Mayor Stirling suggested giving 8 passes to the parking garage and have staff monitor use of the garage and have the 8 passes subject to review depending on use of the garage. Councilman Peters said these 8 passes would be a contribution in-kind every year at budget time. Mayor Stirling moved to accept the proposed lease agreement with the amendment that the 8 passes be subject to annual review; seconded by Councilman Tuite. Councilman Peters said the lease should be tied to the non-profit status of the ACRA. David Curley, president, told Council they are filed as a non-profit organization. There are no plans to change this . Caswall pointed out the lease is made with the Aspen Chamber and Resort Association, a Colorado non-profit corporation. There are provisions to prohibit the lease to any other entity absent the city's consent. If that changes, it changes the lease. All in favor, motion carried. ACRA REQUEST COUNCIL TO JOIN ACRA BOARD 6 Regular Meeting Aspen City Council November 26, 1990 Mayor Stirling said the ACRA has requested Council nominate a Councilperson to the ACRA board. Councilman Peters said he would rather wait unit the ACRA board has a chance to open its meetings to the public. This person should be an elected official in a voting position. Councilwoman Pendleton agreed it should be a Council person and should be a voting member. David Curley, president ACRA, told Council the board is going to take a vote to include the Commissioners and Council on the board. This has been accepted by the Commissioners, who will appoint a Commissioner to sit on their board as a non-voting member. Curley said the Board has taken a vote to open their meetings by seating a Commissioner and Councilmember on their board. Mayor Stirling urged Council not to approve this. Mayor Stirling said this mixes up the role of Councilmembers too much. The ACRA board has a role in the community as does the Council. Mayor Stirling said the ACRA has become too political in the past. Councilman Gassman said there is some use in having a Council member on the ACRA board so there is better communication. Councilman Gassman said if there is a Council person on the ACRA board, their meetings should be open to the public and the Council person should be a voting member. Councilman Gassman moved that at the time ACRA opens their meetings to the public, that the council consider appointing a voting member to the ACRA board; seconded by Councilman Peters. Curley told Council he will have to go to the entire membership at the annual meeting in order to change the structure of the board. That is why the Council person would be non-voting. Don Sheeley said the ACRA is discussing open meetings and has not reached a conclusion on how this will be dealt with. All in favor, with the exception of Mayor Stirling. Motion carried. HYMAN PROPERTY PURCHASE UPDATE Carol O'Dowd, city manager, told Council staff determine the contract cannot be extended. To proceed with the purchase, Council needs to authorize expenditure of the cash-in-lieu funds and to renegotiate the payment terms. Ms. O'Dowd said staff will bring back a proposal of use of the property at the December 10th Council meeting. Jed Caswall, city attorney, told Council he contacted the seller on whether or not they would grant a continuance of the due diligence period in order to study potential uses for the property, and whether the seller would be inclined to participate in owner financing. Caswall said the seller was not interested in extending the due diligence period. Caswall said they are interested in owner financing. The owner did request $500,000 down and she would 7 a Regular Meeting Aspen City Council November 26, 1990 carry back the balance. Caswall said he discussed interests rates at 7 percent, which would be tax exempt, up to 9.5. The interest rate has not been finalized. Caswall said he anticipates this note would be paid off before the end of 1991. Mayor Stirling asked if the city could get 18 months and go into 1992 so they can plan about the fund and have some flexibility for the fund. Councilman Tuite said the county has voted in favor of giving the city $250,000 from their bond proceeds for the purchase of this property. The county is not sure exactly when the bond proceeds will be available. Cindy Wilson, finance director, told Council there will be about $900,000 available in the housing fund for 1991. Ms. Wilson said there is about $600,000 in the cash-in-lieu fund. Harry Truscott, housing authority, told Council they feel 32 units can be built on the Kraut property from 366 square feet up to 504 square feet. These units could be rented at $1.16/square feet. These proposed plans are all within zoning regulations. Councilman Tuite said this is an excellent location for affordable housing and units where auto disincentive can work. Council agreed they are interested in purchasing the property. Mayor Stirling said he would like to extend the note in order to have more cash available in 1991. Councilwoman Pendleton said she would like to get this project going and sold so the money can be turned around. Councilman Tuite moved to approve the purchase of the Kraut property in the following manner; that $500,000 come from the housing in-lieu fees for the down payment of the purchase in early January, that the interest rate that the owner is willing to assume not exceed 9.5 percent, and that staff pursue perhaps tax free interest use with the owner, but at their discretion; and that they also pursue the possibility of extending a portion of the amount due beyond the end of 1991; seconded by Councilman Gassman. Caswall told Council to get tax exemption status, there has to be 100 percent affordable housing on the site. If there are any other uses, tax exempt status will not be available. All in favor, motion carried. Caswall reminded Council this property is presently being used as a parking lot. The lessee is'lining up clients for this winter. The lease is terminable upon 7 days notice. Caswall said revenue from the parking lot is about $3000 a month, split 50/50 with the operator. Council agreed to leave this up to the housing authority and report back to Council what they decide to do with the parking lot. 8 Regular Meeting Aspen City Council November 26, 1990 Mayor Stirling moved to reopen the Castle Creek Ranch Agreement discussion; seconded by Councilwoman Pendleton. All in favor, with the exception of Councilmembers Gassman and Peters. Motion carried. CASTLE CREEK VALLEY RANCH WATER AGREEMENT Mayor Stirling moved to reopen the Castle Creek Ranch Agreement discussion; seconded by Councilwoman Pendleton. All in favor, with the exception of Councilmembers Gassman and Peters. Motion carried. Kevin Patrick, representing the Castle Creek Valley Ranch Partner- ship, told Council the agreement was started in July 1989 at the direction of Council. to staff, to approach the applicants and to acquire the Castle Creek ditch water, which is the number one water right on the stream. Patrick said all the work with staff has culminated in an agreement calling for the donation during 1990 of a non-cash charitable contribution to the city or to the city county water trust of 2 second feet of Castle Creek ditch water. This water right is in front of the city's Midland flume and Castle Creek flume water rights. It is also some 150 water rights senior to the nearest in stream full right. Patrick said the applicants are seeking a tax benefit as well as .075 cfs of the city's more junior Midland flume water right. This agreement is a 40 to 1 exchange as a benefit. Patrick said the Partnership needs to file this donation in 1990 in order to make it work. Councilman Peters said he would like to have the benefit of staff's advise before acting on this. Councilman Peters said he would consider an ordinance at the next meeting and then schedule a special meeting, if necessary. Mayor Stirling moved to continue this discussion on December 10 and instruct the city attorney to bring a first reading of an Ordinance for this agreement; seconded by Councilman Tuite. All in favor, with the exception of Councilman Tuite. Motion carried. ORDINANCE #74, SERIES OF 1990 - Purchase Meadows Conservation Land Councilwoman Pendleton moved to read Ordinance ##74, Series of 1990; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #74 (Series of 1990) AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF APPROXIMATELY TWENTY-FIVE (25) ACRES OF LAND SITUATED WITHIN THE CITY OF ASPEN, AND OTHERWISE KNOWN AS THE 9 Regular Meeting Aspen City Council November 26, 1990 "MEADOWS CONSERVATION LAND" AND DESIGNATING $2,125,000.00 FROM THE LAND FUND FOR THE PURCHASE OF SAME was read by the city clerk Councilman Tuite moved to adopt Ordinance #74, Series of 1990, on first reading; seconded by Councilwoman Pendleton. i Mayor Stirling told Council he was concerned that the city could not get a general warranty deed. It was overlooked that during the foreclosure proceedings, the deed received from the bank was a quit claim deed and the best they could get. The city can only get a special warranty deed. Mayor Stirling said the agreement left some rights to Savanah to veto and enforce use restrictions on the property. This has been deleted from the agreement. Mayor Stirling told Council in negotiations, they dealt with tying this purchase to the approvals. Mayor Stirling said if the applicants do not get an approval, there is no bifurcation of this parcel and the applicants have nothing to convey. Councilman Peters asked how long the city's earnest money is at risk before they are released from the purchase. Jed Caswall, city attorney, said it is at risk at the time of approval. There is a provision if the contract cannot be completed for reasons specified in the contract, the city will get interest money back plus accrued interest. Councilman Peters questioned ratifying the purchase before there is a survey done. Part of the due diligence is for the city to inspect the property. Councilman Peters said it would be useful for the land to be surveyed and for Council to take a walk to see if there are any issues raised by the survey. Caswall said the city is to have a certified survey which is due April 15th. Bob Hughes, representing Savanah, told Council there was a survey done when the Institute sold several years. Council asked the applicant to see what they can do about staking the property and have staff see what information is in the files from the subdivision. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Pendleton, yes; Peters, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #77, SERIES OF 1990 - Senior Property Tax Rebate Councilman Tuite moved to table Ordinance #77, Series of 1990, to December 17, 1990; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #76, SERIES OF 1990 - Driveway Slope Councilwoman Pendleton moved to read Ordinance #76, Series of 1990; seconded by Councilman Tuite. All in favor, motion carried. 10 Regular Meeting Aspen City Council November 26, 1990 ORDINANCE #76 (Series of 1990) AN ORDINANCE ESTABLISHING A MAXIMUM GRADE FOR NEW AND REBUILT DRIVEWAYS THAT ACCESS PUBLIC OR PRIVATE STREETS AND ALLEYS BY AMENDING SECTION 5-302 "CHARACTERISTICS OF OFF-STREET PARKING SPACES", AND SECTION 19-101 "DRIVEWAY AND CURB CUT SPECIFICATIONS", OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO was read by the city clerk Councilman Peters moved to adopt Ordinance #76, Series of 1990, on first reading; seconded by Councilwoman Pendleton. Rob Thompson, engineering department, told Council some of the steeper driveways in town are causing problems with vehicles emerging into traffic or sliding down the slopes. Thompson sug- gested the maximum slope for driveways in town be 12 percent; there is currently no restriction. Councilman Gassman said this is a good idea as some cars coming out of driveways are endangering traffic. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #75, SERIES OF 1990 - Appropriations Councilman Tuite moved to read Ordinance #75, Series of 1990; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #75 (Series of 1990) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $66,600; APPROPRIATING GENERAL FUND EXPENDITURES OF $79,465; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $88,600; TRANSFERRING $360,000 FROM THE LAND FUND TO THE PARKING IMPROVEMENT FUND; TRANSFERRING $40,000 FROM THE 1982 SALES TAX REFUNDING REVENUE FUND TO THE TRANSPORTATION FUND; TRANSFERRING $310,000 FROM THE PARKING IMPROVEMENT FUND TO THE PARKING IMPROVEMENTS CAPITAL PROJECT FUND; RECOGNIZING HOUS- ING/DAYCARE FUND REVENUES OF $75,000; APPROPRIATING HOUSING/DAYCARE FUND EXPENDITURES OF $80,000; REDUCING ELECTRIC UNDERGROUNDING CAPITAL IMPROVEMENT DISTRICT NUMBER TWO FUND EXPENDITURES OF $130,000; REDUCING WATER FUND REVENUES OF $600,000; TRANSFERRING $110,000 FROM THE WATER FUND TO THE HOUSING/DAYCARE FUND; APPROPRIATING ELECTRIC FUND EXPENSES OF $202,000; RECLASSIFYING PREVIOUSLY APPROVED EXPENSES WITHIN THE ELECTRIC FUND OF $15,000; REVERSING A TRANSFER OF $130,000 FROM THE 11 Regular Meeting Aspen City Council November 26, 1990 ELECTRIC FUND TO THE ELECTRIC UNDERGROUNDING CAPITAL IMPROVEMENT DISTRICT NUMBER TWO FUND was read by the city clerk Councilman Gassman moved to adopt Ordinance #75, Series of 1990, on first reading; seconded by Councilman Tuite. Mayor Stirling asked about the expenditures for the Roaring Fork Forum. Cindy Wilson, finance director, told Council these are contributions from all entities belonging to the forum. Carol O'Dowd, city manager, said the revenues are for the rail project; Aspen $5,000, Snowmass Village, $5,000 Pitkin County and RFTA each contributed $10,000. Until the forum has its tax status, the city is managing the rail project. The $80,000 for the solid waste study is being managed through Carbondale. Councilman Peters brought up the $360,000 transfer from the land fund to the parking improvement fund. Councilman Peters said he missed this during budget time and does not support the transfer. Ms. Wilson said the land fund is the only fund with sufficient funds available not to affect the target fund balance assuming the projects under the 10 year capital improvement are to be done in the water and election fund. If Council does not consider those capital projects, the transfer could be made from the water or electric funds. Councilman Peters suggested the $360,000 come out of target fund balances for the general fund. Councilman Peters said he is concerned that unappropriated reserves may come in next year. This loan will be institutionalized and forgotten about; the money will be tied up without earning interest. Councilman Peters said this is using the land fund as a slush fund for other needs. Councilman Peters said it is clear the voters want the land fund used for land, open space and trails. Ms. Wilson said the Council has just set up appropriated reserves in the 1991 budget, and this would be reducing those. Councilmembers Gassman and Tuite sup- ported. Council requested information on the choices and alternatives at the public hearing. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Peters, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. RESOLUTION #54, SERIES OF 1990 - State Rehabilitation Credit Roxanne Eflin, planning office, told Council house bill 1033 requires Council to adopt this, tax credit program by resolution on an annual basis. Ms. Eflin said staff will report back the status of this program. There is no exposure to the city in this program. Staff will be reviewing the physical projects, not giving any tax information. 12 Regular Meeting Aspen City Council November 26, 1990 Councilman Peters moved to adopt Resolution #54, establishing the willingness of the city of act as a reviewing entity; seconded by Councilman Gassman. All in favor, motion carried. RESOLUTION #53, SERIES OF 1990 - Endorsing In-town School Sites Plan Councilwoman Pendleton said she supports the plans for the red brick school; however, she is concerned about the city contemplat- ing buying the yellow brick school. Councilwoman Pendleton said she is concerned there may be a recession and the city should be more conservative. Councilwoman Pendleton said the city should consider both their and the school board's financial interest in this property. Councilwoman Pendleton said the city may not have fully considered the impacts of using this for a public facility in the neighborhood. Councilwoman Pendleton said some language in the draft plan should be reworded before being adopted by resolu- tion. Amy Margerum, planning director, said this is a validation of a vote already taken by Council. Mayor Stirling said since Council has adopted the draft plan, the child care task force has indicated they are interested in using the entire red brick school. Council- man Gassman agreed he has reservations about the plan and about spending money. Councilman Peters said if the school is lost to second family homes, the community will lose big and forever on that site. Councilman Peters said some questions are what are the community uses and how are they to be paid for. Councilman Peters said this should be the next step. Councilman Peters said the plan is to pursue information and not to make any commitments. Ms. Margerum suggested a new whereas clause, "Whereas the draft plan is subject to amendment, it is not intended to be a binding document of the city of Aspen". Councilman Peters moved to approve Resolution #53, Series of 1990, as amended adding the whereas clause; seconded by Councilman Tuite. All in favor, motion carried. Council adjourned at 8:30 p.m. . ,~ Kathryn Koch, City Clerk 13