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HomeMy WebLinkAboutminutes.council.20030609Regular Meeting Aspen City Council June 9, 2003 PROCLAMATION - Elk's Lodge/Ute Cemetery ................................................. 2 CITIZEN PARTICIPATION ...................................................................................... 2 COUNCILMEMBER COMMENTS ........................................................................ 2 MINUTES - May 12, 2003 ................................................ ......................................... 3 ORDINANCE #16, SERIES OF 2003 - Trash Compactor Zone ...................... 3 ORDINANCE #19, SERIES OF 2003 - Adopting Ethics Code ....................... 5 ORDINANCE #25, SERIES OF 2003 - St. Regis PUD Amendment ............. 6 ORDINANCE #26, SERIES OF 2003 Reeder/Johnson Water Service Agreement ........................................................................................................................ 7 RESOLUTION #49, SERIES OF 2003 - Adding AVLT Land to Burlingame COWOP .................................................................................................. ORDINANCE #27, SERIES OF 2003 - Usage Fees for ARC ........................ 10 MASCOTTE ANNEXATION ................................................................................. 1 RESOLUTION #52, SERIES OF 2003 - ARC Operations Committee and 1st Amendment of SPARC Agreement ................................................................... 11 COUNCIL COMMENDATIONS ........................................................................... SWEARING 1N MAYOR AND COUNCIL ........................................ : ............... 12 COUNCILMEMBER COMMENTS ...................................................................... 13 RESOLUTION #50, SERIES OF 2003 - Memorandum of Understanding Wildfire Mitigation ...................................................................................................... 13 ORDINANCE #31, SERIES OF 2003 - Sagewood Condominiums Zone Map Change; PUD Amendment .............................................................................. 13 RESOLUTION #5 I, SERIES OF 2003 - Stage One Water Shortage Declaration ................................................................................................................... 14 BURLINGAME ROAD ALIGNMENT ............................................................... 15 Regular Meeting Aspen City Council June 9, 2003 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Paulson, Semrau, McCabe and Hershey present. PROCLAMATION - Elk's Lodge/Ute Cemetery Mayor Pro Tem Tom McCabe read a proclamation of appreciation to the Aspen Elk's Lodge for all their support in the Ute Cemetery rehabilitation project. Mayor Pro Tem McCabe presented the proclamation to Matt Dunn, president, Elk's Lodge CITIZEN PARTICIPATION 1. Emzy Veazy III urged Council to work with fellow citizens in Burbank because Aspen gets support from Burbank. Veazy suggested Council schedule some events for Flag Day, June 14th to honor the U. S. flag. 2. Brian O'Neil, on behalf of the Elk's Lodge, thanked Tony Hershey and Tom McCabe for respecting the Elk's and for speaking for those who have no voice. O'Neil complimented the city for the reconstruction of Ute Cemetery. COUNCILMEMBER COMMENTS 1. Councilman McCabe said when he ran for office 4 years ago, he had a list of 10 things he wanted to accomplish. Some of these were to place the train issue before the voters, to continue slow growth policy, to pass a bond issue for the parks and recreation project, to safeguard the SCI zone. to establish an urban growth boundary. Councilman McCabe noted over the past 4 years, all of these have been accomplished to some degree. Councilman McCabe said he is proud he has had the opportunity to work on these. Councilman McCabe presented Council with a list of projects he hopes they continue to work on. Some of these are to develop a plan for uses of Anderson and Whitaker open space parcels, to continue to improve customer service at every level in the city, to establish a large event parking facility at the intersection of Brush Creek, to continue to pursue preserving Smuggler Mountain as Aspen's #1 open space acquisitions priority. Regular Meeting Aspen City Council June 9, 2003 2. Councilman Semrau said he appreciates what Councilmembers Hershey and McCabe have accomplished over the past your year. 3. City Manager Steve Barwick said the applicants for the Residences at the Little Nell have requested this be continued. Councilman Semrau moved to continue Resolution #33, Series of 2003, to July 14; seconded by Councilman McCabe. All in favor, motion carried. 4. Mayor Klandemd said at the ACRA luncheon, the marketing plan and targeting the Front Range was reported. A collaboration of small lodges has formed, The Gems of Aspen, to market to get people to Aspen and to experience a different aspect of the community. MINUTES - May 12, 2003 Councilman Hershey moved to approve the minutes of May 12, 2003; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE #16, SERIES OF 2003 - Trash Compactor Zone Lee Cassin, environmental health director, reminded Council staff recommended continuing this to resolve some issues. Stafflooked at the cost of acquinng compactors and at space constraints in alleys. Ms. Cassin stated there are only 8 locations in the downtown area where compactors can be put on public property. There is concern from business owners to have to g~ve up their private property or parking spaces on which to put compactors. Ms. Cassin noted a policy question is how much the city wants to be involved in trash hauling. Ms. Cassin said the average cost for a compactor is around $34,000. Some large volume businesses could save money; small businesses would have their costs increased. Ms. Cassin told Council staff does not feel there would be a significant reduction in trash track trips as there is more than one trash hauling company serving each alley. Ms. Cassin said there might be a negative ~mpact on recycling. Staff concluded that requiring compactors may create problems not anticipated. Staff looked at giving fmancial incentives for a compactor program, but the amount of money required makes this not a viable option. Ms. Cassin noted there has been some Regular Meeting Aspen City Council June 9~ 2003 success at a voluntary program. In the past few years 25 dumpsters have been replaced with 14 compactors. Councilman Semrau asked about the recommendation from CCLC in favor ora compactor zone. Ms. Cassin said one of their big reasons was the appearance of the alleys. There is no question that compactors improve the visual appearance of the alleys. Ms. Cassin said staffdoes not think there will be a reduction in trash. Odor from compactors is a bigger issue than with dumpsters. The noise issue is probably about even. All businesses just switched their dumpsters to be wildlife proof. There are issues with compactors and wildlife, the tendency to leave them open or not being able to get into the compactor and leave the trash lying next to the compactor. Councilman Paulson said he would like to table this and get comments from the CCLC. Mayor Klanderud opened the public hearing. Toni Kronberg said she feels adoption of this ordinance is premature. The city staff should work on a recycling program to have curbside pickup to increase the recycling people do. Ms. Kronberg said the recycling center at the Rio Grande creates traffic, which goes against the tenets of decreasing the need to drive. Ms. Kronberg suggested staff look at an overall system. Ms. Kronberg noted affordable housing projects should be required to have recycling on their property. Mayor Klanderud closed the public hearing. Councilman Hershey said his biggest concern is that businesses were just required to convert to bear proofdumpsters. The cost of those dumpsters is one reason he is opposed to this ordinance. Councilman McCabe moved to adopt Ordinance #16, Series of 2003, on second reading; seconded by Councilman Hershey. Councilman Paulson said he would like to give CCLC a chance a comment rather than just vote against the ordinance. Roll call vote: McCabe, no; Paulson, yes; Semrau, no; Hershey, no; Mayor Klanderud, no. Motion NOT carried. 4 Regular Meeting Aspen City Council June 9, 2003 ORDINANCE #19, SERIES OF 2003 - Adopting Ethics Code John Worcester, city attorney, told Council this will add a new chapter in the Municipal Code, the Rules of Ethical Conduct. This ordinance has been discussed at a work session and adopted on 1st reading. These rules will apply to Council, city employees and members of City Boards and Commissions. Worcester said most of this ordinance is already city policy or state statutes and this is an attempt to put all of these in one place. Handbooks to accompany this code will be distributed to staff and to City board members. Worcester noted one change since the work session is the definition of "substantial interest" to include ifa Council person or Board member or a member of their immediate family resides or owns property within 300 feet of a property subject of a quasi judicial proceeding, they would have a conflict of interest and would have to recuse themselves. This is an attempt to put objective criteria on a frequently asked question. The 300 feet is the distance used in the land use code for notifying property owners who may have an ~nterest in a property. Worcester told Council this code does not contain a dollar value on gifts and one reason is that many of the events Council participates in have a higher dollar value than $250. Staff suggests a limit of $250 on any events that take place outside the Roaring Fork Valley. Mayor Klanderud said Council has consistently returned their movie passes. Worcester said these have been returned as they are a year worth of movie tickets for two and are considered to be "extraordinary" and to have "significant value". Worcester said Council receives tickets to some local events that do have s~gnificant value; however, this is the type of event that Council should attend as they are important events for the community. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klandernd closed the public hearing. Councilman McCabe suggested when Council ~s given tickets or passes, they come with a value attached so Council can decide whether to accept or not and also to help when they fill out their annual gift report. Councilman McCabe suggested the code be made more liberal so that a city employee can also run for County Commissioner. Councilman McCabe said under confidential information, he would like "items discussed in executive Regular Meeting Aspen City Council June 9, 2003 sessions" to be added. Councilman McCabe said there are no penalties outlined for Council for going against the ethics code. Worcester said there are penalties for elected officials who stray like elections every 4 years, recall, a resolution of censure passed by Council, the city attorney could get injunctive relief from the court to prevent a Council person from continuing to discuss privileged information. Councilman McCabe said none of these remedies seem very immediate. Councilman McCabe said he would like to know what other towns have as penalties. Mayor Klanderud agreed she would like to know what other penalties are and how effective they are. Councilman semrau moved to adopt Ordinance #19, Series of 2003, on second reading to include a $250 limit value on tickets for events outside the Roaring Fork Valley and to allow city employees to run for County Commissioner; seconded by Councilman Hershey. Roll call vote: Hershey, yes; McCabe, yes; Paulson, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #25, SERIES OF 2003 - St. Regis PUD Amendment Paul Menter, finance director, noted Section 26.590 of the Municipal Code requires a mitigation fee for lodge conversions to fractional fee ownership to cover loss of sales tax revenue. This is not an impact fee, which is a one time fee charged to developers to offset costs for infrastructure, parks, etc. Menter told Council the applicant is required to submit an analysis of the tax ramifications with their land use ~application. This particular conversion results in a fee of $449,552; $90,776 sales tax; $286,707 lodging tax; and $72,000 property tax. Menter noted this amount does not include any real estate transfer taxes; those will be paid with sale of each fraction and will generate over $1 million. Gideon Kaufman, representing the applicants, said they are in agreement with this mitigation fee and with the requirement to pay in installments over 12 months from initiation of construction. Mayor Klanderud opened the public heating. There were no comments. Mayor Klanderud closed the public hearing. Councilman Hershey moved to adopt Ordinance #25, Series of 2003, on second reading including the application of the mitigation fee; seconded by Regular Meeting Aspen City Council June 9, 2003 Councilman Semrau. Roll call vote: Hershey, yes; Semrau, yes; Paulson, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #2C SERIES OF 2003 Reeder/Johnson Water Service Agreement Councilman Semrau recused himself as lot 2 may be within 300 feet of his property. Phil Overeynder, water department, reminded Council the last time they considered this ordinance, they requested staff contact the applicant regarding procedural issues. Overeynder said he met With Dan Shipp, representing the applicant, and the city attorney's office. Overeynder pointed out the location of the 40,000 square foot parcel at the end of South 2nd street and where the city limit line is on the property. Overeynder told Council the current land use approval is for a building envelop with a 9800 square foot FAR for a single-family dwelling. The nearest water main is Hyman Avenue and the application is to extend the water system into South 2nd beyond the Ice Garden and reconnect the water services. Overeynder said the Midland right-of-way is higher than either the South 2nd street extension or the building envelope. There is development criteria recommended in order to protect the trail. Overeynder noted compliance with the Aspen Area Community Plan and the annexation provision are the only issues. Joyce Allgaier, community development department, said there is a past history with these parcels and land use review. Ms. Allgaier reiterated there is an approval for 9800 square foot single-family dwelling. This far exceeds what would be allowed in the city. This property is within the urban growth boundary and within the annexation boundary, which means the property is potentially annexable. A house of 9800 square feet is not compatible with city's land use. Ms. Allgaier said under R-15 zoning in the city, the allowable floor area would be 4471 square feet; or there could be two houses of 3500 square feet each. Dan Shipp, representing the applicants, told Council Lyle Reeder and Stan Johnson owned 115 acres in Hunter Creek, which could have been developed into 3 house sites. Reeder and Johnson traded that Hunter Creek land for land at the base of Shadow Mountain. Shipp showed the parcels acquired by his clients. Shipp said at the time of the land trades, the county told his clients that they had a buildable lot. Reeder/Johnson reached an 7 Regular Meeting Aspen City Council June 9, 2003 agreement to sell one lot to the city and the county allowed the square footage from that site to be moved to lot 20. Shipp said the county is contractually obligated to Reeder/Johnson to allow them to build a 9800 square foot house. In order to be able to build, one of the conditions from the county is to get water service to the property. Shipp said the city can allow the applicants to be able to tap on to city water. Shipp presented a 1983 recommendation from the city, looking at lot 20 the then BLM parcel, stating "The Sibley Lode and the BLM parcel, designated lot 20, should be allowed to be developed in unincorporated Pitkin County because the county land use code is better suited than the city code to Sensitively regulate development at the base of Shadow Mountain". After that, Reeder pursued his development with the county and received development approvals, which expired in 1991 and received the apprOvals again in 2002. Shipp noted the city's recommendation is to annex the land before it is determined whether to provide water to that property. Shipp said this causes problems for his clients because of everything they have gone through in acquiring this property. Reeder/Johnson traded their 115 acres on Hunter Creek, sold a parcel, which had a building right on it, for open space and transferred everything to lot 20 with a 9800 square foot building envelope. Shipp said he does not think the city has 1/6th contiguity in order to annex. Shipp stated in 1983 the city stated the property owners should get their approvals from the county, which they have done. Shipp said they would just as soon remain in the county and to drill a well. The applicants have a well drilling permit. Councilman Paulson asked what the county plans to do about preserving the trail along Shadow Mountain. Suzanne Wolff, county community development, told Council the county approval is not specific abOut the trail. Mayor Klanderud opened the public hearing. Betty Farson, Friends of Shadow Mountain, asked how this relateS to rock and snow slides. Mayor Klanderud said the land is currently in the county, has been reviewed by the county, and county approvals were granted. Phil Overeynder, water department, said one condition of water service approval is that an 8040 greenline review takes place. Overeynder told Council a well Regular Meeting Aspen City Council June 9, 2003 permit is limited to interior use and not for irrigation, which is an issue that will have to be addressed if this water service agreement is not approved. Helen Palmer said she is concerned about anything that disturbs the slopes in this area. Ms. Palmer said the Council should meet with the Geologic Survey team and hear what they have to say. Rachel Richards asked if the county is trying to limit the development potential by requiring the applicant get city water service. Ms. Wolff said that was not her reason for the condition in the most recent county approval, granted last summer,. Ms. Wolff said county policy is if municipal services are available, that is the preferred means. Jay Kuhne, Friends of Shadow Mountain and neighbor, said he is concerned about the stability of the slopes. Kuhne noted some consultants have said if this slope is disturbed, it could cause a major catastrophe for property below the slope. Kuhne said if this is going to be annexed, the property should be discussed in its entirety. Mayor Klanderud noted the applicant wishes to have city water service without annexation. Toni Kronberg said Council should look at the big picture. Mayor Klanderud closed the public heating. Councilman Paulson asked about the 1/6 contiguity. Worcester said he has not researched this. The 1/6 contiguity will depend on whether the county has title for the land and has dedicated it for public fight-of-way. Overeynder noted the 1983 memorandum from Glenn Horn specifically found this land was eligible for annexation. Worcester stated he is not prepared to give an opinion whether this is eligible for annexation. The ordinance speaks to water service extension. Councilman Hershey said the applicants own this property and they do get to develop something on it. Councilman Paulson moved to continue this to June 23. Motion DIES for lack of a second. Councilman Hershey moved to adopt Ordinance #26, Series of 2003, on second reading; seconded by Councilman McCabe. Mayor Klanderud said she feels the concerns about Shadow Mountain are valid. Private property owners have rights to develop; however, where there are natural hazards, there should be restraints on development. Mayor Regular Meeting Aspen City Council June 9, 2003 Klanderud said she does not like the fact the county has approved this with the caveat the city provide water. The city will only provide water if the applicant agrees to annex, and the applicant is not interested in annexation. Overeynder noted there is a condition in this ordinance outlining city concerns about how the trail should be maintained. Roll call vote: Hershey, no; McCabe, no; Paulson, no; Mayor Klanderud, no. Motion carried. Councilman Paulson moved to send a letter from Council to the BOCC expressing concerns about development on this property and development and maintenance of the trail; seconded by Councilman Hershey. All ~n favor, motion carried. Councilman Semrau came back to the meeting. RESOLUTION #49~ SERIES OF 2003 - Adding AVLT Land to Burlingame COWOP Michelle Bonfils, asset management, told Council they have seen this before. It is adding the AVLT land to the Burlingame COWOP review process. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Hershey moved to approve Resolution #49, Series of 2003; seconded by Councilman McCabe. All in favor with the exception of Councilman Paulson, motion carried. Councilman McCabe moved to appoint Councilman Semrau and Mayor Klanderud to the Burlingame COWOP; seconded by Councilman Hershey. Councilman Hershey noted any member of Council may attend the cowoP meetings. They are publicly noticed. All in favor, motion carried. ORDINANCE #27, SERIES OF 2003 - Usage Fees for ARC 10 Regular Meeting Aspen Ci~ Council June 9, 2003 Councilman Semrau moved to continue this to June 23; seconded by Councilman Hershey. All in favor, motion carried. MASCOTTE ANNEXATION Councilman McCabe moved to continue to June 23; seconded by Councilman Hershey. All in favor, motion carried. RESOLUTION #52~ SERIES OF 2003 - ARC Operations Committee and 1st Amendment of SPARC Agreement John Worcester, city attorney, noted this resolution creates the Aspen Recreation Center operations committee and also approves an amendment to the SPARC agreement. Worcester pointed out this creates a committee with 7 members; 4 appointed by SPARC, 1 appointed by the Aspen Youth Center Board, 1 appointed by Council to represent swimming interests and 1 appointed by Council to represent general interests and users of the ARC. This requires all members be residents of Pitkin County and 2 of the 4 SPARC appointees must be city residents. This advisory operations committee has relatively broad powers; however, every policy decision would be subject to Council approval. Councilman McCabe noted the name of this committee should be consistent throughout the document and he would like the name to contain the word "advisory". Councilman McCabe said since the city is obligated to maintain this facility into the future, he would prefer Council appoint 4 members rather than 2 and SPARC appoint 2 rather than 4. Councilman McCabe said he would like to see the School Board appoint someone. Worcester said the issue is whether Council wants to give SPARC the majority votes on the operations committee. Worcester said if Council does not and SPARC disagrees, they coUld ask for a separate advisory board tO deal with Council on the ice facilities. Worcester said this seems redundant. Worcester said the intent is for city professional staff to develop policies and to run the ARC. City staffwill use this group as an advisory committee in their operations effort, setting fees, setting policies. If there is a dispute between staff and the committee, it will come to Council for final resolution. City Manager Steve Barwick noted this will operate the same as the golf course and Wheeler Opera House and that Council will have final say over 11 Regular Meeting Aspen City Council June 9, 2003 the facility. Council suggested this be called "Operational Advisory Committee". L.J. Erspamer, Vice-President SPARC, told Council his board is interested in hands on approval in operations of the facility. Worcester noted the agreement makes clear Council has final say in all policies. Worcester suggested one or two members of Council meet with staff and with SPARC board to finalize an agreement that is more acceptable to the Council. Mayor Klanderud said raising $8 million is no small feat and there is a genuine interest and involvement in this facility by SPARC. The Council has to watch out for city interests and the future. Councilman McCabe reiterated he wants the city to have the majority say on the Board. Councilman Hershey moved to continue Resolution #52, Series of 2003, to July 14; seconded by Councilman McCabe. All in favor, motion carried. COUNCIL COMMENDATIONS Mayor Klanderud read a proclamation commending Councilman McCabe for his service to the Council and to the community. Councilman McCabe said serving on Council has been challenging and also very rewarding. Councilman Semrau thanked Tony Hershey and Tom McCabe and said they would Only do what was best for the city, and this is appreciated. Councilman Semrau read a proclamation commending Councilman Hershey for his service to the Council and to the community. Councilman Hershey thanked the community for giving him the chance to serve on City Council. Councilman Hershey thanked the city staff for being supportive and for working so hard. SWEARING IN MAYOR AND COUNCIL Municipal Judge Brooke Peterson swore in Helen Klanderud as Mayor and Rachel Richards and Torre as Council. 12 Regular Meeting Aspen City Council June 9, 2003 COUNCILMEMBER COMMENTS 1. Councilman Torre thanked everyone for their support. Councilman Torte said he will be taking up many of the issues outlined by Tom McCabe. Councilman Torre said he is excited about his opportunity to serve for the next 4 years. 2. Councilwoman Richards thanked everyone who has been stalwart caretakers of Aspen over the years and built it into such a treasure. Councilwoman Richards said she is taking the responsibility of safeguarding Aspen very seriously. 3. Councilman Paulson said he is looking forward to serving with the newly elected Council Councilman Paulson said he has been traveling the west and the communities that stand out are the ones that have kept a sense 0fwhere they came from. Councilman Paulson said he hopes everyone can work together to keep Aspen a special place. 4. Councilman Paulson said the definition of ethics is the study of good and evil and morals and he would like Council to find a way to talk in a public forum, an informal way to meet and talk about issues that are important. RESOLUTION #50~ SERIES OF 2003 - Memorandum of Understanding Wildfire Mitigation Councilwoman Richards moved to approve Resolution #50, Series of 2003; seconded by Councilman Semrau. All in favor, motion carried. ORDINANCE #31~ SERIES OF 2003 - Sagewood Condominiums Zone Map Change; PUD Amendment Councilman Paulson moved to read Ordinance #31, Series of 2003; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 31 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT TO LEGALIZE THE EXISTING 13 Regular Meeting Aspen City Council June 9, 2003 NON-CONFORMING DIMENSIONAL STANDARDS, TO EXPAND THE ALLOWABLE FLOOR AREA FOR ENCLOSURES OF TWELVE (12) BALCONIES, AND FOR A SETBACK ENCORACHMENT TO THE EAST PROPERTY LINE FOR A ROOF STRUCTURE OVER AN ENTRANCE AND AMENDMENT TO THE OFFICIAL ZONING MAP REZONING THE SUBJECT PARCEL FROM R-6 TO R/MF FOR THE PROPERTY FULLY DESCRIBED IN ATTACHED EXHIBIT A, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Councilwoman Richards moved to adopt Ordinance #31, Series of 2003, on first reading; seconded by Councilman Paulson. Roll call vote: Paulson, yes; Richards, yes; Torte, yes; Semrau, yes; Mayor Klanderud~ yes. Motion carried. RESOLUTION #51, SERIES OF 2003 - Stage One Water Shortage Declaration Phil Overeynder, water department, told Council staff has revised their recommendation. Staff has been tracking the water supply conditions all winter. The northern 2/3 of Colorado is severe to moderate drought. Overeynder said the recommendation is the to take no action because of improved water supply condition and improved storage in reservoirs. Staff will continue to watch the water conditions. Overeynder said the conservation efforts should be on-going activities. Overeynder reminded Council last year they instituted a surcharge on water users who did not conserve. This excess revenue was rebated to people to who conserved water and for projects that would save water. Overeynder said it is important the City facilities set leadership on how they manage water supphes. Overeynder said a lot of water is sent to construction sites and better control of how that water is used is needed. These can be worked out without having a stage one declaration in place. The state officials are not asking for a water shortage declaration right now. Councilman Semrau said he would prefer to work on a long-term plan on water conservation in a work session. Councilman Paulson agreed and would like to see a program with incentives for water conservation. Councilwoman Richards said she has received citizen comPlaints about irrigation in city parks, that they are being watered all night long. Councilwoman Richards pointed out that in water 14 Regular Meeting Aspen City Council June 9, 2003 conservation last summer, the rebate at Hunter Creek was per building, not per customer. Councilwoman Richards suggested looking for more equity. Councilwoman Richards said she feels the more water that remains in the streams is better for the streams in the long rum. Councilwoman Richards noted growth on the eastern slope is a major reason for water shortages. Mayor Klanderud said she hopes the city is not being short sighted by not declaring a stage one. BURLINGAME ROAD ALIGNMENT Michelle Bonfils, asset management, asked Council which access road they want for the Burlingame project - the east road or the westerly alignment that would go through the Soldner property. Ms. Bonfils reminded Council staff studied 3 alignments; one was eliminated because it cost $1 million more than the other two. The easterly alignment goes through the meadow and the westerly alignment goes through a portion of the Soldner property. Ms. Bonfils told Council the Soldners' preference is for the road to go through west of their property and through a comer of their land. Ed Sadler, asset manager, told Council the savings that may have been realized by the westerly road will be used up with landscaping and additional engineering COSTS. Councilman Semrau said the Zoline's preference is also for the westerly alignment. Councilman Paulson stated he feels very strongly in favor of the easterly alignment. It does not go through the bowl; it simplifies the intersection. Councilman Paulson said the westerly alignment creates visual and light pollution. Sadler said with the land exchange, the road will be farther away from the bowl. Councilman Semrau said one reason Council was investigating another access road was the gated road at the intersection with Maroon Creek Club: Mayor Klanderud said she, too, shares concerns about light pollution. That alignment will need extensive landscaping. Councilman Semrau asked the maximum grade. Sadler said it will be less than 8%. Ms. Bonfils said the Maroon Creek Club is opposed to the higher alignment. John Worcester, city attorney, said he likes the higher alignment because it does away with the gated road to separate the affordable housing residents from the Club users. 15 Regular Meeting Aspen City Council June 9, 2003 Councilman Semrau said he feels it is important to work with the neighbors in choosing the alignment. Worcester reminded Council, the city was sued by the Maroon Creek Club because they did not want the city to use New Stage Road. Councilwoman Richards asked how this affects the overall time line for the project. Sadler said the westerly alignment would add 45 days from now. Council requested staff flag both alignments and scheduled a site visit for June 16th at noon. Councilwoman Richards moved to go into executive session at 9:05 p.m. pursuant to C.R.S. 24-6-402(4)(b), in order to discuss terms of the franchise agreement with Holy Cross; seconded by Councilman Semrau. All in favor, motion carried. Councilman Semrau moved to come out of executive session at 9:30 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Councilman Semrau moved to adjourn at 9:30 p.m.; seconded by Councilman Paulson. All in favor, motion carried. City Clerk 16