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HomeMy WebLinkAboutminutes.council.19910225Regular Meeting Aspen City Council February 25, 1991 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 2 CONSENT AGENDA 5 LIQUOR LICENSE SPECIAL EVENT PERMIT 5 AMENDING CASPIAN CORPORATION'S D/B/A/ EBBE'S ORDER 6 REQUEST WAIVER OF PLANNING FEES - Marolt Barn 6 HOUSING MITIGATION UPDATE - 409 East Hopkins 7 RESOLUTION #5. SERIES OF 1991 - Pitkin County Bank 9 RESOLUTION #7, SERIES OF 1991 - Maroon Creek Bridge Design 9 TAXABLE MORTGAGE POOL 9 BOARDS AND COMMISSION APPOINTMENTS 11 CITY HOLIDAYS 11 LIBRARY REQUEST RE: EMPLOYEE HOUSING MITIGATION 12 14 Regular Meeting Aspen City Council February 25, 1991 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Tuite, Pendleton, Peters and Gassman present. CITIZEN PARTICIPATION 1. Deedee Brinkman, state film commission, told Council a NBC pilot for television is being shot in Aspen. Ms. Brinkman said this is a positive project. The film crew will be in Aspen until March 21; there are 80 people being lodged and eating in Aspen. Stan Rowgau, executive producer, told Council the town has been wonderful and the process has been enjoyable. Rowgau said NBC may be shooting this series, if successful, on a regular basis up to 7 months a year. 2. Chuck Vidal, chairman Pitkin County Library Board, said he thought their affordable housing issue was to be on the agenda and requested it be added. Councilman Tuite moved to suspend the rules and add this to the agenda as (h); seconded by Councilman Peters. All in favor, motion carried. 3. Bill Martin requested Council consider an ordinance to limit the number of signs on a property. Martin said there is a house in the west end under construction which has signs for the architect, builder, plumber, real estate agent etc. Jed Caswall, city attorney, said the city's sign code states a total of two signs per lot is allowed. Mayor Stirling said this may be a question of enforcement. Mayor Stirling brought up neon signs. Caswall said staff has completed their analysis of the sign code and neon signs. The zoning office is in charge of enforcement; their interpretation and policy is consistent with the ordinance. Caswall said he will report back on the sign code at the next meeting. 4. Peter Korn, representing Citizens for a Peaceful Solution, read part of a resolution that the city Council demonstrate its concern for the safety and survival of American and other allied troops stationed in the Persian Gulf area by urging President Bush to pursue every possible avenue which could result in a negotiated and peaceful settlement of this war at the earliest possible moment. Korn urged Council to adopt this resolution. Korn read to Council a resolution adopted by the West Hollywood Council urging peaceful solutions. Alanna Knight, Citizens for a Peaceful Solution, said this is a great idea; this is not just a national issue. Lorna Reed supported this resolution. Sarah Aley supported the resolution and said local governments should have a voice and not just go along with momentum that is perpetuated. 1 Regular Meeting Aspen Cites Council February 25, 1991 Councilman Peters requested Councilmembers Gassman, Pendleton or Tuite to consider bringing this resolution up at the next meeting. Councilman Peters said this is an appropriate action for Council. Councilwoman Pendleton said she is not interested in bringing it back to Council. COUNCILMEMBER COMMENTS 1. Councilwoman Pendleton said she wants the potholes fixed; the streets are a disgrace. Councilwoman Pendleton said she would like to spend the money to fix the potholes properly. Bob Gish said the city has been fixing the potholes. The problem in the winter is there is no way to hold the mixture with the traffic and the water . Councilwoman Pendleton said she wants to see a temporary solution so people are not wrecking their cars. 2. Councilman Gassman said during the interviews for the Wheeler Opera House board, it was brought up there is some confusion about what is the board's duty. Councilman Gassman suggested a study session with the Wheeler Board. Council scheduled this for March 18 at 5 p.m. 3. Councilman Gassman requested the Marolt Ranch/Truscott parking be taken off the agenda. Councilman Gassman said he had a meeting with the housing authority, some residents, Councilmembers Tuite and Peters, and RFTA manager Dan Blankenship. This problem has been assigned to the new housing director. Councilman Gassman said he would like more time for all the different parties to work together and to report back to Council with a proposal. 4. Councilman Peters said an issue that arose out of Ebbe's liquor hearing at the last Council meeting should be dealt with. It was said before and after that meeting that Ebbe was being singled out, was being treated unfairly and he was being victimized by the police who were enforcing the liquor statutes unevenly across town. Councilman Peters said there is no question in his' mind that the violations that were alleged did occur and that Council found correctly at that hearing. This question should be answered for the community. Councilman Peters requested the police department to state for the record what their policy is on liquor license enforcement and what it is that brings a violation forward to Council. Council agreed. 5. Councilman Peters reported he went to a Mayors and Manager's meeting in Glenwood Spring. The light rail program was on the agenda. Councilman Peters said the county presented a proposal to form a light rail task force with representatives from each government in the valley. The goals statement presented was, "to provide a rail system to mitigate the impacts of the development of highway 82". Some of the down valley officials objected to that 2 Regular Meetinci Aspen City Council February 25, 1991 because they felt it implied that there was going to be an attempt to divert money from the construction of the highway. They asked that any references in delay in highway construction be deleted. The other officials were in favor of the task force. It was agreed there would be citizens and elected officials on the task force. Pitkin County presented a time table for an election next November. This was not favored by the group; there are a number of competing election planned for that November. The group felt it was worthwhile to pursue an election for a taxing district; however a date certain was unacceptable. Councilman Peters said there are a number of problems to solve at this end of the, valley on the light rail project. 6. Mayor Stirling requested the IGA Valley Solid Waste be taken off the agenda. 7. Mayor Stirling said it was decided informally at a work session not to continue on with the manager' s work on analyzing the joint departments. Councilman Peters moved to not go forward with further analysis of the joint departments; seconded by Councilman Tuite. Mayor Stirling said he feels there is a series of issues about accountability that are critical and Council should be aware of the needs that are there. All in favor, with the exception of Mayor Stirling. Motion carried. 8. Mayor Stirling said he has brought up an idea about a city- wide energy policy. Mayor Stirling said his concept would involve everything from heating systems to light bulbs, insulation, water heaters, how the city is providing electric energy, combining with other large users and become a model city. Mayor Stirling proposed on the March 18th work session to have Rocky Mountain Institute, Roaring Fork Energy Center, other involved groups, make a presenta- tion of the kinds of ideas the city can work on. Councilman Tuite said Council has been asking for a water conservation ordinance. Every month something gets built and there is no water conserva- tion. Councilman Tuite said this ties into heat also. Jed Caswall, city attorney, pointed out the city already has existing water conservation measures that are being applied to fixtures being installed in new construction in both the UPC and UBC. Mayor Stirling suggested any draft water conservation ordinances be sent to RMI for suggestions. Councilman Peters moved the Council not authorize any new water system expansions or improvements until a comprehensive water 3 Regular Meeting Aspen City Council February 25, 1991 conservation policy has been presented and reviewed by Council; seconded by Councilman Tuite. Councilman Peters clarified this is just system expansions, not tap fees, like MCDC, Red Mountain, Highlands, etc. All in favor, motion carried. 9. Mayor Stirling brought up a letter from Jan Collins, represen- ting the West Side Association. In May 1987 they gave a $1,000 contribution to the city to be used to begin a traffic study in the west end. The WSIA requests a refund of that contribution. Mayor Stirling requested this be directed to the appropriate staff person. Ed Roy said at the corner of Second and Francis streets there have been 3 traffic accidents, two with personal injury. Roy requested Council put in a four-way stop at that intersection. Mayor Stirling said there are a number of intersections in the west end that do not have signs. Perhaps these intersections need to be analyzed. Councilman Tuite said Janet Shelton is working with a group of neighbors in the west end. Bill Efting, assistant city manager, suggested staff take a look at the entire west end. Mayor Stirling said this should be tied to the pedestrian plan. Amy Margerum, planning director, told Council there are recommendations in that plan for the west end. 10: Mayor Stirling told Council he received a letter from the PCPA. They are dropping the Zoline matter. The PCPA asked Council to consider placing on the May ballot the issue of replacement of any open space that is used for any other purpose. The PCPA would also like Council to have an open space board. Jed Caswall, city attorney, said the open space replacement issue can be done by amending the existing ordinance. Councilman Gassman said he is not interested. Councilwoman Pendleton said she is willing to look at it. Councilman Peters said he does not support this. If open space is converted, the community is intimately involved including an election. Mayor Stirling moved to add this item to a work session with the PCPA; seconded by Councilwoman Pendleton. Councilmembers Tuite, Gassman and Peters opposed; Councilwoman Pendleton and Mayor Stirling in favor. Motion NOT carried. 11. Mayor Stirling said he received a letter from Dwight Shellman about the implementation of the hook route. Shellman also brought up the downtown parking issues and the need for a comprehensive approach to this. Shellman requested this be worked into the Aspen area community plan. 4 Regular Meeting Aspen City Council February 25, 1991 12. Mayor Stirling said he received a letter from an organization which recycles plastic. Mayor Stirling directed staff to analyze recycling plastic and what the plans for that. Bill Efting, assistant city manager, said he will report back. 13. Mayor Stirling told Council he did not send off the President Bush the letter rescinding the resolution passed in January. Mayor Stirling said this will be done tomorrow. 14. Bill Efting, assistant city manager, told Council staff is answering complaints about dust. Street crews are sweeping the streets when possible. Mayor Stirling asked if the ramps for the Moore pool were budgeted for. 15. Mayor Stirling said he is very happy about the quality and level of work the Council is receiving from the planning depart- ment. 16. Councilwoman Pendleton moved to remove action item (h) Boards and Commission appointments and put it on the March 11 meeting; seconded by Councilman Tuite. All in favor, with the exception of Councilman Peters and Mayor Stirling. Motion carried. 17. Jed Caswall, city attorney, requested an executive session to discuss pending litigation against the city. Councilman Peters moved to go into executive session to discuss the Roy litigation at the end of the meeting; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. CONSENT AGENDA Councilwoman Pendleton moved to approve the consent calendar; seconded by Councilman Peters. The consent calendar is: A. Minutes - January 14, 1991 B. Winternational Special Event All in favor, motion carried. 18. Amy Margerum, planning director, told Council staff set a schedule for the Meadows that required the applicants to get their application in for the final SPA by February 15th. Ms. Margerum said staff received a partial application today. Ms. Margerum told Council this will delay the Meadows schedule to the P & Z by at least one week; it will continue to delay it week by week until staff receives an application. LIQUOR LICENSE SPECIAL EVENT PERMIT 5 Regular Meeting Aspen City Council February 25, 1991 Councilman Peters moved to approve the special event permit for St . Mary's Catholic Church; seconded by Councilman Tuite. All in favor, motion carried. AMENDING CASPIAN CORPORATION'S DfBjAf EBBE'S ORDER Jed Caswall, city attorney, told Council the licensee has filed a compliant in district court asking the court to review the liquor board's finding and determination made at the February 11th hearing. Caswall told Council there is a signed order by the judge staying the effect date of the Board's suspension until such time as the litigation has been resolved. Caswall reminded the Board they made a determination that the licensee had violated two provisions of the liquor code having to do with providing alcohol to an intoxicated person. The Board directed Caswall to prepare a written order to accurately reflect these findings. Caswall pointed out he neglected to track the statute word for word The statute said it is a violation to serve a "visibly" intoxicated person. Caswall prepared an amended order changing paragraphs 4, 5, and the wherefor clause. Caswall said this is a technical revision of the Board's finding. John Case, representing Caspian Corporation, told the Board if they are finding Caspian Corporation served a visibly intoxicated person, he would like a clear record of that. Mayor Stirling moved to amend the previously submitted order of 11 February with the inclusion of the word "visibly" in paragraphs 4, 5 and the wherefor clause; seconded by Councilwoman Pendleton. All in favor, motion carried. REQUEST WAIVER OF PLANNING FEES - Marolt Barn A letter from Rick Newton, Vice president, Aspen Historical Society, was read into the minutes requesting the waiving of the review fees for the Marolt Barn. The letter states the development of the Holden-Marolt museum at the Marolt bar is a project that. will greatly benefit the entire community. Newton said the Historical Society hoped that the waiving of the fees will not only serve as a show of faith and Council support for the project but also be of encouragement to more of Aspen's community to become involved with this and other community projects. Staff told Council this fee is about $2000. Mayor Stirling asked if waiving this fee would be allowable under present city ordinances. Jed Caswall, city attorney, told Council there is currently no provision under existing ordinances that specifically allows for a waiver of building or planning fees . Caswall said the only thing he can find on waiving fees addresses 100 percent affordable housing. Councilman Peters said this is creating policy for non-profit organizations to apply for support for their 6 Regular Meeting Aspen City Council February 25, 1991 projects . Councilman Peters said Council should be looking at this as an overall policy. Councilman Peters pointed out during budget time, Council approves the planning office budget based on their work load. Councilman Peters said just waiving fees is inap- propriate because the work load is still there. Councilman Peters said when the contingency fund is used to pay these fees, it is done on a first come first serve basis rather than reviewed all at once. Councilman Peters said he would prefer to take applications throughout the year and at the end of the year if there is money left in the contingency, decide which ones the Council will pay. Councilwoman Pendleton agreed and said these requests should be brought up at budget time. Councilman Gassman said he objects to waiving fees, which gives the illusion that services do not cost anything. Councilman Peters moved to consider any fee waivers by non-profit groups at budget hearing in the fall; seconded by Councilman Peters. All in favor, motion carried. HOUSING MITIGATION UPDATE - 409 East Hopkins Tom Smith, representing Pitkin County, reminded Council this was deferred until something more could be found about how being located in the Smuggler EPA superfund site affects this property. Smith told Council he has contacted the EPA and Department of Justice to determine if there is a solution to this problem that would meet the needs of Council and the developer and not pose liability problems for anyone. Smith told Council the initial reaction from the EPA and Department of Justice is there would be no satisfactory solution if the housing authority were to take title to the property. If the county were to take title, the county's liability could be resolved in the context of the current settlement negotiations. Councilman Tuite told Council the Commissioners voted today that they would take over ownership subject to a detailed agreement. The Commissioners do not want the liability of the building and would like to get it to the housing authority as soon as possible. Carr Kunze, housing director, told Council they would like an income survey to know something about the current tenants to make sure they are not getting into a displacement issue. Kunze said the housing authority has tried to get a price on doing a building condition survey, looking at the basic mechanical, structural, electrical systems and habitability of the property. Kunze said a requirement to accept housing for deed restriction is that that property be brought up to new uniform building code standards. This will require an examination of the property. Kunze said it would be most cost effective for the building department to look at this property from the standpoint of UBC. Kunze said the housing authority would also have to have an appraisal on the 7 Regular Meeting Aspen City Council February 25, 1991 property in order to look at this for possible lending as well as to satisfy the board they are not accepting a pig in a poke and are getting value to relationship for employee in-lieu measure. Kunze said they could get a limited appraisal for about $3000. This will take 4 to 6 weeks and the applicants have a deadline in March. Art Daily, representing the applicant, told Council he did not feel the tenants would voluntarily provide income-and tax information to the housing authority. Daily said all the leases expire in October. Daily suggested exemptions from the guidelines for existing tenants for a certain time period or for the length they remain. Daily said the housing office was a detailed structural analysis and they are entitled to it. Daily said the applicant may be willing to pay $3000 for this analysis. Daily said he did not see the purpose of buying an appraisal at this point. The applicant will be spending $900,000 on this property. Daily suggested something that establishes the present value of property is purchase price on a cash deal. Daily told Council he is concerned about added cost and time for the appraisal. Daily questioned the benefits from an appraisal. Kunze said the housing authority cannot require the tenants to give income data but they would like a roster of tenants. Daily said they can give them a roster of tenants. Councilman Gassman said he cannot see a risk of going ahead without a detailed appraisal. Councilwoman Pendleton agreed about the appraisal. Councilwoman Pendleton said the issue of the structural soundness was to be determined before approval of this request. Councilman Peters said the structural analysis will help in determining the value of the property. Councilman Peters said he is looking for units rather than money and would like to not lose this opportunity. The appraisal is not that necessary. There is a willing buyer and a willing seller. Kunze said the housing authority accepts that position. Kunze said city inspectors should do the building analysis to keep it cost effective. Mayor Stirling agreed the problem is what to do if the report shows the building is not sound. Councilman Gassman suggested Council deal with that after the report from the building inspection. Councilman Peters said there is a lot of value in getting employee units in the community quickly, which is not part of an appraisal. Leslie Lamont, planning office, noted the applicant needs to mitigate for 20.9 employees. This building mitigates 17.5 employees. Mayor Stirling moved to direct Leslie Lamont to continue the whole process, get the UBC standards done asking if the applicant will pay for that, there is a good reading from the EPA which should be gotten in writing; Council is waiving the appraisal as a necessity; 8 Regular Meeting Aspen City Council February 25; 1991 that this meets the employee housing requirements; seconded by Councilman Peters. All in favor, motion carried. RESOLUTION #5, SERIES OF 1991 - Pitkin County Bank Amy Margerum, planning director, told Council the change from the last meeting is the dollar amount of the remaining balance for the cash-in-lieu, changed from $24,000 to $42,000. This change is at the request of the applicant. Councilman Peters moved to reconsider Resolution #5, Series of 1991; seconded by Councilman Tuite. All in favor, motion carried. Councilman Gassman moved to adopt Resolution #5, Series of 1991, as amended; seconded by Councilman Tuite. All in favor, motion carried. RESOLUTION #7, SERIES OF 1991 - Maroon Creek Bridge Design Councilman Tuite moved to table this to March 11; seconded by Councilman Peters. All in favor, with the exception of Council- woman Pendleton. Motion carried. TAXABLE MORTGAGE POOL Steve Jeffers, Kirchner Moore, told Council they have been working with Carol O'Dowd, city manager, and with a housing group in CAST to study various ways of funding employee housing. Jeffers said they have come up with a program to provide housing assistance to a segment of the community. It is not an all encompassing program nor is it meant to be. Jeffers said this is a taxable mortgage bond program that will make long term fixed mortgage money available for home ownership of town-owned or market units. This is an ownership program for permanent housing. This will create a source of revenue for people who cannot qualify under the state tax exempt bond programs because they are not first time home buyers or cannot meet the minimum income or maximum price guide- lines. Jeffers noted the state type of programs do not work very well in resort communities. Because this program is taxable, it gets around the tax exempt restrictions of the federal government. Because this is taxable, the rates will not be as low as a tax exempt program. Jeffers said this program will not be the source of the lowest mortgage financing in a community. This is attempt- ing to be a source of funds available with a minimum amount down. The program is geared to 10 percent down by the purchaser. Under this program, each town can set it's own eligibility guidelines, which can be the same as the housing authority guidelines. 9 Regular Meeting Aspen City Council Februarv 25, 1991 Jeffers told Council each lender will have to be aware of these guidelines and will have to originate loans under those guidelines. The program will be open to all mortgage lenders in a community so they will have access to the money. They will receive an origina- tion fee of 1 percent for participating. The maximum loans amounts will be $185,000; exceeding that gets into jumbo mortgages. Jeffers said Kirchner Moore will be issuing bonds in series with a 90 to 120 day origination period. At the end of the origination period, the loans within each community will be added up and a bond issue done and interest rates set. Each time the bonds are sold, they are backed by a default reserve fund, initially funded at $300,000 or $400,000 from the state division of housing. The secondary line of defense is a 10 percent reserve fund put up by each participating town. This is required to be put up at the time each series of bonds is closed. If there are no loans borrowed from your community, there is no money to be put up. Jeffers said after that fund is private mortgage insurer to back the remaining percentage of the loan. The mortgages will act as collateral as well. Another requirement is that this has to be a permanent principle residence of the person taking the loan out. Jeffers said in a foreclosure, the city would have the option to purchase the property. If there is a loss on the sale, this goes against the debt service reserve fund the state has put up. When that is depleted, it goes against the city's 10 percent. The state's reserve fund is not restricted on a pro rata basis; it is first come, first serve. After that money is gone, if there were further loses in the city.'s portfolio, the loss is allocated directly to the debt service reserve fund; it is the entire loss. Once that is used up, the private mortgage insurer is on the hook and makes up the deficiencies in any future disclosures. Jeffers said the city's 10 percent debt service reserve is distinct and separate from other participants in the program. Jeffers said he is working with private mortgage companies to try and put a maximum loss of 25 percent of the loan, which would be the city's exposure on any one loan. After that the private mortgage insurer would have to step in. Jeffers said when a bond issue is closed and ready to allocate for mortgages, the city's 10 percent would be due, goes into the debt reserve fund. The money earns interest, which comes back to the city on a semi-annual basis. The rate of interest will be prevailing money market rates. Jeffers told Council he is investigating when the debt service fund can be freed up and come back to the municipality. It may be either 15 years or when the aggregate loan to value ratio of the city's pool reaches 70 percent or less. These are 30 year fixed rate mortgages and are assumable. 10 Regular Meeting Aspen City Council Februarv 25. 1991 Jeffers told Council there are 8 other municipalities and/or counties interested in this program. Jeffers said if one does not participate at the beginning, a municipality will either have to wait until the shelf registration is used up or another city has funds to give. Jeffers said he is looking for a commitment from the city that they want to participate with an estimate on how many dollars they may want. Jeffers said he will continue discussions with private mortgage companies and will then come back to the city with a final program. Councilman Peters asked if this is a better deal than FannieMae financing. Jeffers said it is not a better deal; however, FannieMae will not make a loan on condominiums and townhomes with 10 percent down. Jeffers said this program would be accessing a market that FannieMae does not want to make loans f.or. Jeffers said in the event of foreclosure, the city will have the option of either buying the unit for the mortgage amount or if the city still has money left in the debt service reserve fund which can cover the loss that may occur on the sale, they can pay for it from the debt reserve fund or the state's debt reserve fund. Mayor Stirling moved to have Kirchner Moore make a presentation to the housing authority and have the housing authority evaluate this and make a recommendation back to Council; seconded by Councilman Peters. Councilman Tuite suggested if the city is putting up the down payment money, the city also ought to be able to reap in some of the profits. All in favor, motion carried. BOARDS AND COMMISSION APPOINTMENTS Council scheduled interviews for the housing authority board March 6 at 5 p.m. Council put off appointments until March 11th. CITY HOLIDAYS Councilman Gassman moved to accept Carol O'Dowd, city manager, recommendation; seconded by Councilman Peters. Councilman Gassman asked what the two extra holidays would be. Carol O'Dowd, city manager, said after Council makes a decision about these two days, she will coordinate this with the school district and balance them out with the other holidays. Councilman Tuite agreed with adding Martin Luther King day as a holiday and agreed with having Columbus and Presidents days as closed holidays. Councilman Tuite said he has a problem adding two more holidays as they would not be on days when other government services are 11 Regular Meeting Aspen City Council February 25, 1991 -- closed. Councilman Tuite said he would support one additional holiday but not two. Mayor Stirling said he is concerned about closing for extra holidays. Councilwoman Pendleton said she only supports holidays when everything else is closed. Councilman Peters said the real issue is employee morale. Mayor Stirling said having city hall open is a good service Councilmembers Peters and Gassman in favor; everyone else opposed. Motion NOT carried. Councilman Tuite moved to approve the addition of Martin Luther King Day; deleting Columbus and Presidents day from vacation hours and having them as holidays; seconded by Councilwoman Pendleton. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. LIBRARY REQUEST RE: EMPLOYEE HOUSING MITIGATION Mayor Stirling said there is a letter from the County Commissioners asking for Council's support to handle this housing by the county in some future housing project to be developed by the county. Councilman Peters said this is all right as long as they do not use deed restricted property the city is giving title for, the Smuggler Mountain apartments. Chuck Vidal, Library Board, told Council in trying to sell the old library, they have proposals with and without the housing taken care of. There is a significant discount without the housing being resolved. Amy Margerum, planning director, reminded Council it was a condition of the rezoning of that parcel from public to office that the housing mitigation would be taken care of. Ms. Margerum said it is the city's concern that the housing is mitigated. Ms. Margerum said it is at the Council's discretion whether or not to approve a housing project when the project comes before Council . Ms. Margerum said this request is not consistent with the housing production plan. Housing built with county bond money is to make up a deficit, not to pay for new development. The housing production plan will have to be revised to reflect this. Mayor Stirling said this is a way for the county to shift finances around. Vidal said if this request is not supported, the library will be sold for $750,000 rather than $1,100,000. Councilman Peters said the city cannot put policy restraints on the county. Councilman Tuite said he would rather see the county raise the difference for the library and not take it out of the housing program. Councilman Tuite said he would rather not see this borrowing one fund from another. 12 Regular Meeting Aspen City Council February 25, 1991 Councilman Gassman agreed this is conjecture. The Council cannot decide without having a proposal in front of them. Councilman Peters said it does not make sense to try and defeat a policy prerogative of the county. Ms. Margerum said the city generally does not make decision on accepting housing mitigation without having an application and reviewing it. The Council's authority is in whether or not the housing is being mitigated, not neces- sarily how it is done. Mayor Stirling moved that Council on February 25, 1991, accept a county-involved housing mitigation for any development proposal of the library site in the future; seconded by Councilman Peters. Councilman Gassman said this is predetermining the outcome of an application that Council has not seen. All in favor, with the exception of Councilmembers Tuite and Gassman. Motion carried. Council adjourned into an executive session at 8:47 p.m. John Colson, Aspen Times, objected to the executive session as not being necessary and being a disservice to the public. Council adjourned at 9:15 p.m. ,~ "` _ ,~ Kathryn S.~f och, City Clerk 13