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HomeMy WebLinkAboutminutes.council.20030908ASpen City COuncil Regular Meeting September 8, 2003 CITIZEN COMMENTS ............................................................................................... 2 COUNCILMEMBER COMMENTS ........................................................................ 2 CONSENT CALENDAR ............................................................................................ 4 · Contract Expanded Scope Highlands Trail project, Lofts and Associates ........ :.... 4 · Resolution #78, 2003 - Cemetery Lane Trail Easement Pitkin County .................. 4 · Resolution #79, 2003 - Cemetery Lane Trail Easement Aspen Valley Land Trust4 · Resolution #80, 2003 - Construction Contract - 717 Cemetery Lane House ......... 4 · Minutes - August 25, 2003 ......................................... ; ........................................... 4 RESOLUTION #81, 2003 - Red Brick Management Agreement .................... 4 FIRST READING OF ORDINANCES ................................................................... 5 · Ordinance #45, 2003 - Aspen Highlands Village PUD Amendment (Sign Master Plan) ......................................................................................... : .......... ~ ........................... 5 · Ordinance #46, 2003 - Aspen Electric Subdivision Rezoning Lot ........................ 5 · Ordinance #47, 2003 - Surcharge on Municipal Court Violations ........................ 5 · Ordinance #48,.2003 - Chart House Lot Split ...................... : ................................. 5 ORDINANCE #37, SERIES OF 2003 - Hybrid Vehicle Rebate and Parking ........................................................................................ : ............ , ......... , ....... ; .......... ,....~.., 6 ORDINANCE #39, SERIES OF 2003 - puppy Sm/th cOWOP .............i ........ 7 ORDINANCE #40, SERIES OF 2003 - Code Amendment One Land Use Application Per Lot ......................................................................... ORDINANCE #44, SERIES OF 2003 - Holy Cross Franchise ...................... 12 RESOLUTION #74, SERIES OF 2003 - Balloi Question puppy Smith Street ................................................................................................................................ 13 APPOINTMENT TO MAROLT FINANCE COMMITTEE L.i..il}.Ji.il}.il,.i~" 14 RESOLUTION #82, SERIES OF 2003 L Contract to Purchase to Real Estate Mother Lode Restaurant & Property ....................................................................... 15 RESOLUTION #83, SERIES OF 2003 - Ballot Question Purchase of Property .......................................................................................................................... 15 Aspen City Council Regular Meeting September 8, 2003 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torte, Paulson~ Semrau and Richards present. CITIZEN COMMENTS 1. Toni Kronberg announced there is a public meeting on September 18 at 1:30 p.m. to solicit input on the storm water project on the Rio Grande. Ms. Kronberg said one of the city's goals is to reduce PM10 and to reduce driving. The location of the recycle center encourages people to drive. Ms. Kronberg said it might be in the community's best interest to form a task force to work on how to improve recycling. The task force could address having more locations throughout town and reducing the size of the current recycle facility. Ms. Kronberg asked what the funding sources for the three parking lots at the Rio Grande were. 2~ Emzy Veazy said there are a lot of foreign workers in the valley and diplomats are being contacted as a lot of people in this valley are hurting for work. 3. Bert Myrin passed out a Section of the infill ordinance that was adopted by emergency ordinance in November. Myrin said this section has been in effect for one year. Myrin suggested Council adopt an ordinance to address that section of the code. Mayor Klanderud said there is a plan to move a number of items from the infill code amendments forward as individual code amendments. COUNCILMEMBER COMMENTS 1. Councilwoman Richards reported she attended the Club 20 meeting last week in Grand Junction with Shelly Roy; Pitkin County Commissioner. The group unanimously opposed passage of referendum A, the state proposed water bill. This will create up to a $2 billion debt with repayment costs up to $4 billion. Club 20 is working on a parmership of water needs. The ballot measure states all of Colorado would be responsible for this debt. Councilwoman Richards noted these monies will not be available for smaller than $5 million, which will eliminate a lot of smaller municipalities. Club 20 reached a compromise position on the Rung plateau drilling issue, and will support one drill rig/40 acres. 2 Aspen City Council Regular Meeting September 8, 2003 Councilwoman Richards suggested Council look at referendum A to see if they want to make a statement on it. Mayor Klanderud noted there is a request from Grand Junction asking elected officials individually or as a body to add to a statement of opposition. All Council agreed they are in opposition to referendum A. 2. Councilman Paulson said the outside of the animal shelter looks pretty shabby and asked what is being done about it. Ed Sadler, assistant city manager, said the city does not want to put much money into something that will be demolished in 2 years. Mayor Klanderud said the state of the animal shelter came up in the discussions with John McBride about Burlingame Parcel D. Mayor Klanderud Said there has to be something things that can be done without a lot of money. Sadler said money has gone into the interior to keep it up to licensing standards. Council asked staffto look at the animal shelter and see what can be done to upgrade the outside. Councilman Semrau said the city should be a good neighbor. 3. Councilman Paulson said he has a problem with Ordinance #48, the Chart House Lot split, and that with the underlying zoning in the lodge district, a property owner is able to build a single family residence. Councilman Paulson said he would like Council to move forward with changing the uses in the lodge district outside of infill. Council suggested this be brought up at the work session tomorrow to get it on the schedule. 4. Steve Barwick, city manager, told Council there is a request from the 27th annual Snowmass balloon festival to use Cozy Point Ranch as a launch site for their down valley race September 18th. Council has an agreed with AVLT that they may have up to 3 special events/year on Cozy Point. Barwick said this will take place from 6 am to 11 am, be about 15 to 20 balloons and their chase vehicles. Council agreed this event was all right with them. 5. Steve Barwick, city manager, requested Council add an executive session to discuss property acquisition. 6. Mayor Klandemd reported she attended the ACRA meeting, most of which will be presented to Council at the work session tomorrow. Mayor Klanderud said she would like direction from Council about rail to trails in some sections down valley. Mayor Klanderud said there is a proposal to put trails over the tracks subject to this being removed if rail comes into the 3 Aspen Ci.ty Council Regular Meeting September 8~ 2003 valley. Councilwoman Richards said she supports leaving the rails in place rather than spending money twice. CONSENT CALENDAR Councilwoman Richards pulled Resolution #81, the Red Brick management agreement. Mayor Klanderud noted in the Highlands trail easement, the city is paying the Pitkin County application fees. Mayor Klanderud asked if these are generally waived. Tom Newland told Council he requested a waiver but because the community development department is an enterprise fund, they will not waive the fees. Councilman Paulson asked if the striping for the bicycle lane will remain. Steven Ellsperman, parks department, said the striping will remain the same. Councilman Semrau moved to approve the consent calendar as amended: seconded by Councilwoman Richards. The consent calendar is: Contract Expanded Scope Highlands Trail project, Loris and Associates · Resolution #78, 2003 - Cemetery Lane Trail Easement Pitkin County · Resolution #79, 2003- Cemetery Lane Trail Easement Aspen Valley Land Trust · Resolution #80, 2003 - Construction Contract - 717 Cemetery Lane House · Minutes - August 25, 2003 RESOLUTION #81, 2003 - Red Brick Management Agreement Councilwoman Richards said her concern is that Council should approve any majOr changes. Steve Barwick, city manager} said he will make sure staff at the Red Brick understands that. Councilwoman Richards moved to approve Resolution #81, Series of 2003; seconded by Councilman Torre. All in favor, motion carried. 4 Aspen CiW Council Regular Meeting September 8, 2003 FIRST READING OF ORDINANCES Councilman Paulson moved to read Ordinances #45, 46, 47 and 48, Series of 2003; seconded by COuncilman Semrau. All in favor, motion carried. Ordinance #45, 2003 - Aspen Highlands Village PUD Amendment (Sign Master Plan) · Ordinance #46, 2003 - Aspen Electric Subdivision Rezoning Lot · Ordinance #47, 2003 - Surcharge on Municipal Court ViolatiOns · Ordinance #48, 2003 - Chart House Lot Split ORDINANCE NO. 45 (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE ASPEN HIGHLANDS VILLAGE PLANNED UNIT DEVELOPMENT (PUD) SIGN GUIDELINES, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO 46 (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL AMENDING THE OFFICIAL ZONE DISTRICT MAP REFLECTING THE ZONING OF THE NEWLY ANNEXED PORTION OF ASPEN ELECTRIC SUBDIVSION, LOT 2, 210 SESAME STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO ORDINANCE 47 SERIES OF 2003 AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 1.04.080 OF THE ASPEN MUNICIPAL CODE, ENTITLED "GENERAL PENALTY FOR VIOLATIONS OF CODE; CONTINUING VIOLATIONS; DEFAULT" BY ADDING A SUBSECTION ESTABLISHING A "SURCHARGE" ON FINES IMPOSED FOR CRIMINAL AND TRAFFIC VIOLATIONS OF THE MUNICIPAL CODE. 5 Aspen City Council Regular Meeting September 8, 2003 ORDINANCE No. 48 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDMSION EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN AND DEDICATED AS THE CHART HOUSE LOT SPLIT LOCATED AT 219 EAST DURANT AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman Semrau moved to adopt Ordinances #45, 46, 47 and 48, Series of 2003; seconded by Councilwoman Richards. Councilwoman Richards said the Chart House redevelopment seems to meet the minimum code requirements for a lot split, even if that is not what Council wants to see in this location. Councilwoman Richards suggested a work session on lodging in general; how the city might be encouraging lodging. Mayor Klanderud said the uses for the surcharge revenue have expanded to include a victim's assistance fund since Council discussed this in a work session. Loren Ryerson, chief of police, said this use for revenues is consistent within the state. Ryerson noted Council must approve any appropriation against this fund. Mayor Klandemd said she would like to discuss the prohibition of political signs at Highlands at second reading. Roll call vote; Councilmembers Ton'e, yes; Paulson, yes; Semrau, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #37~ SERIES OF 2003 - Hybrid Vehicle Rebate and Parking Tim Ware, parking director, reminded Council they requested the vehicle registration rebate and the free parking proposals be in one ordinance. This ordinance gives $100 annually to city of Aspen residents and allows all vehicles to park free in the HOV and residential areas. Ware noted this only applies tO super ultra low emission vehicles. Mayor Klandemd opened the public hearing. 6 Aspen City Council Regular Meeting September 8, 2003 Donna Fisher said she really Supports this ordinance and is a good step toward being an environmental community. Mayor Klandemd closed the public hearing. Councilwoman Richards moved to adopt Ordinance #37, Series of 2003, on second reading; seconded by Councilman Torre. Councilman Semrau.asked if the goal of this ordinance is to encourage people to use cars that get high mileage and low emissions. Ware said this only applies to SULEV hybrid vehicles and there are only 3 vehicles that qualify. Councilman Paulson said the goal is to clean up the atmosphere and the high mileage gasoline cars do not do that. Councilman Paulson said he does not support a high mileage gas driven car that is not part electric. Ware told Council there are SULEVs that are not hybrid so this ordinance would not apply to them. Mayor Klandemd said providing a vehicle registration rebate rewards the purchase of hybrid vehicles, rather than providing an incentive by free parking to drive to town and park, which rewards driving. Roll call vote; Councilmembers Paulson, yes; Semrau, no; Richards, yes; Torre, yes; Mayor Klanderud, no. Motion carried. ORDINANCE #39~ SERIES OF 2003 - Puppy Smith COWOP Ed Sadler, assistant city manager, reminded Council they discussed the COWOP recommendations two weeks ago and requested some modifications by staff. Sadler presented some amendments to the plan that address parking and separation of the buildings. The original COWOP recommendation was a 3-story duplex with renovation of the miner's cabin. The amendments are a 2-story duplex with the miner's cabin or two 3-story single family houses with the miner's cabin. Sadler said if Council wants more parking than one space per unit, there are spaces available across the street on city-owned property. Mayor Klandemd opened the public hearing. Jim Kravitz, ACES, said they participated in the COWOP and appreciated the chance to do so and that the scale and design were sensitive to ACES. Aspen City Council Regular Meeting September 8, 2003 Kravitz told Council the ACES board has passed a resolution requesting the city complete planning and design of the wetlands prior to design or construction of 220 Puppy Smith street to avoid conflicts between the two projects. Bill Gruenberg, past ACES board, said for many years ACEs wanted improvements made to the Jenny Adair park and applauds the plans for these ~mprovements. Gruenberg agreed it is premature to consider building this project before the wetlands project. Donna Fisher said she is very concerned about this project going forward. Ms. Fisher said the proposed park will be very special and an amenity for the community. The housing may fit in the future but it is a mistake to build it now. The timing is bad. The park is more important. Connie Harvey said the wetlands project benefits the river and the commumty and it cannot be moved just any place. Ms. Harvey requested Council to hold off the housing until the wetlands project is completed. Bill Wiener said this is a big piece of land getting ready to be developed by the city as a wetlands park, jointly between parks and engineering. Wiener said fowl and citizens both will use the area. Wiener said part of this land is being cut off and discussed for housing rather than addressing the whole piece of land. Wiener said the project was designed in a vacuum without considering the park. Wiener said this is inappropriate; housing can be moved but parks cannot. Wiener said Council should leave this area open as a trailhead with restrooms and an interpretative center. Wiener suggested the city look at swapping land with ACES to leave the north side of Puppy Smith street open to the river and putting the housing on the south side of the street where there is already building. Bert Myrin asked whether the city should build for humans first or for wildlife. Although both may happen, Myrin recommended building for wildlife first. Myrin noted this housing is not for the general public so is not an amenity to the entire community. Mayor Klandemd closed the public hearing. Joyce Allgaier, community development department, told Council the COWOP looked at this 9,000 square foot piece of land and also looked at the ACES parking, ACES and the entire neighborhood. Ms. Allgaier said the team looked at this as master planning not just looking at the narrow 8 Aspen City Council Regular Meeting September 8~ 2003 perspective of this property. Ms. Allgaier told Council the planning analysis is available if Council wants to see it. Ms. Allgaier said the plan reflects the historic build out. Ms. Allgaier noted the parks department plans addressing the entire neighborhood, not just the wetlands. Mayor Klandemd said there is a housing on site, there is a trail, the Sanitation District and ACES both have housing in the area. Mayor Klanderud said during this process, the compatibility of humans and wildlife was taken into consideration. The existing house will stay under any plan. Mayor Klanderud stated this entire property was never considered to be wetlands. Ms. Allgaier told Council throughout the process, the city engineer had cautioned the planning group not to look at the lower portions of the property. Councilman Semrau asked if this housing site will affect the future park and wetlands. Jeff Woods, parks director, said the planning for housing in this area has been going on for years. The city engineer is working on the plan for storm water for the entire community and has said this is an ideal location for storm water. There is a federal mandate to clean up the water by 2005 or 2006 so staff is working on a site specific design. Staff is looking at 6 acre feet of detention that needs to take place and has integrated this with the housing planning effort. Woods reminded Council that Snyder was designed as a park and as housing, similar to this process. Councilman Torre asked if there is a start/finish date for the wetlands project and for the housing project. Woods said the wetlands project has not even come to Council for budget approval. Woods told Council there is a good chance the city will receive federal funds for the approvals of Jenny Adair park. Woods said the earliest construction would be late 2004/early 2005. It will be complete in one season. Sadler told Council because this requires an election, the project will not be started until late 2004. Councilwoman Richards said ACES comments are to do the wetlands ponds first and wait to see how this functions and what is needed in this area. Councilwoman Richards urged Council to vote no and not put this on the ballot. Councilwoman Richards said she does not like seeing a project going forward when Council has not determined a value of what they will charge themselves for it. This property was purchased 20 years ago for $183,000. Councilwoman Richards noted the city Charter requires a replacement of open space of"like kind" and the city does not know where there may be 9 Aspen City Council Regular Meeting September 8, 2003 replacement property. Councilwoman Richards said this appears the city is taking care of its own employees and cannibalizing, open space. Councilwoman Richards said several years ago the city electorate passed an additional ½ cent sales tax to buy green space. Councilwoman Richards said a big concern during that election was that the city was going to use that money to buy land for itself and go to the electorate to change the use of that property. Councilman Semrau asked how staff has valued this land. Sadler answered they took the appraised value of Truscott and doubled it because this land is in town. Councilman Semrau asked if this based on appreciation from a purchase price. Sadler said not. Staff has estimated this land value at $250,000. Councilman Semrau asked what are the city's options to renovate or expand the existing house. John Worcester, city attorney, reminded Council the land currently has a single family residence and is zoned R-15. Expanding the single-family residence to the size of a house permitted under R:15 would be allowable without a vote. Worcester said if this were expanded to a duplex, it would still require a vote because it would be expanding the use from a single-family house. Councilman Paulson stated he cannot support moving forward with this project. Councilman Paulson said the intent of this purchase was to keep open space with an existing structure. Councilman Paulson said he does not think the community supports this housing project especially since ~t ~s limited to city employees. Councilman Paulson said he feels ACES needs to be enhanced and a housing project does not lend well to this area. Mavor Klandemd said she does not think 3 residences are a housing project. Mayor Klanderud said the city government ~s an employer and if the city does not build housing for their employees, they are in the lottery with the general public. Mayor Klanderud said she feels the city should set the standard for housing their employees. It benefits the entire community when the city has a highly qualified staff. Councilwoman Richards said she is a strong supporter of housing for city employees; however, there will be a $250,000 payment for this land for only two units. This is a high land cost for affordable housing. Councilman Paulson said in the future, citizens will thank the Council for places to live and places to recreate. Councilman Paulson said people will probably appreciate the open spaces more. 10 Aspen City Council Regular Meeting September 8, 2003 Mayor Klanderud said the chemical dependency task force is looking for a location ~for a sober "clubhouse". Councilwoman Richards has suggested the existing house might be used as a sober house. This may be too quick for the chemical dependency task force to comment. Mayor Klanderud said if the design is 3 small miner's-type cabins with sufficient landscaping and one parking space per bedroom, she could support it. Mayor Klandemd said she does not see this proposal as incompatible with the wetlands. Mayor Klandemd said she will not support putting this on the ballot for the November 2003 election. Mayor Klandemd said she does not want to risk a good project by going to the vote prematurely. Councilman Semrau suggested this project be changed to be open to the community lottery rather than city employees. Councilman Semrau said he feels 3 one-story houses would fit very well on the site. Councilman Semrau said it is open space and it does need to be voted on. Councilman Semrau said,he would prefer that the general public have access to qualify for these houses. Councilwoman Richards agreed the timing for this ballot question is not good. It needs more work. Councilman Semrau said this is a COWOP approval for a site specific project. Councilman Semrau reiterated he could support 3 dwellings with one becoming a public use. Councilman Torre Said he supports of sending this to the electorate in November. Councilman Torre said he likes the project and this will give the public an opportunity to make a decision. CoUncilman Torre said he does not have a problem with this being for city employees only. Barwick suggested that the city keep one unit and have two available to the public. Councilman Semrau agreed one unit has already been used by the city so it could continue. Councilman Semrau moved to adopt Ordinance #39, Series of 2003, with the change that two of the units go to public lottery and/or public use and one remains in city control, with the understanding Council will revisit this design and COWOP; seconded by Mayor Klandemd. Councilwoman Richards encouraged Council not to put this on the ballot and to take the time to flesh the issue out. This is not a TABOR issue and does not have to be on a November ballot. Councilman Torre said going to the voter is an excellent opportunity to get a read from the electorate on the trade offbetween open space and affordable housing. Councilman Torre 11 Aspen City Council Regular Meeting September 8, 2003 supports sending this to the voter to see how the community receives the project. Councilman ?aulson said the city does not have enough information on this project to send it to the voters. Roll call vote; Councilmembers Torre, yes; Semrau, yes; Paulson, no; Richards, yes. Mayor Klanderud, yes. Motion carded. ORDINANCE #40~ SERIES OF 2003 - Code Amendment One Land Use Application Per Lot Scott Woodford, community development department, reminded Council this code amendment is in response to developers submitting more than one development for a particular piece of property. Woodford noted the ordinance contains a clause that the community development director may waive this limitation if there is a public purpose to be served. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. CoUncilman Semrau said he would prefer that the community development department not be put under the pressure of waiving this requirement or not. Councilman Semrau said if there is a large enough community benefit in having two development applications on one lot, the Council should hear about it. Councilman Torre moved to adopt Ordinance #40, Series of 2003, on second reading deleting the sentence "Upon determining them is a public purpose to be served, the community development director may waive this limitation"; seconded by Councilman Semrau. Roll call vote; Councilmembers Richards, yes; Semrau, yes; Torre, yes; Paulson, yes; Mayor Klanderud, yes. Motion carded. ORDINANCE #44~ SERIES OF 2003 - Holy Cross Franchise John Worcester, city attorney, told Council the ordinance has been changed to reflect the discussions Council had with the Holy Cross Board. Phil Overeynder, water department, told Council the city has had a franchise agreement with Holy Cross since 1978. In 1998, the agreement was a year by year agreement for 5 years. This proposal is a 20 year agreement. 12 Aspen Ci~, Council Regular Meeting September 8, 2003 Overeynder said the changes are that the city electric utility will have the ability to serve up to 500 new residential units that are paid for out of housing funds. Holy Cross will have an exclusive right of service in the franchise areas except for city facilities and the Burlingame project, which is already annexed. The city and Holy Cross are both committed to expanding the use of renewable energy. Worcester reminded Council Burlingame parcel D is not included in this agreement because it is already annexed into the city. Worcester pointed out Section 3.3 (b) addressed any lands annexed into the city from this point forward. Subsection (a) states the lands annexed by the city as part of Burlingame Ranch that are part of the pre-annexation agreement may be served by the city. Worcester noted the agreement makes clear the agreement to serve additional areas is only god for the life of the franchise. Councilwoman Richards said Council discussed the city being able to serve up to 500 units on Burlingame or others areas. Councilwoman Richards asked if this eliminates other potential housing sites. Worcester said the city can do'both (a) and (b). Councilwoman Richards asked if the city has private parmers in housing ventures, does that preclude being served by city electric. Holy Cross representative said that will not affect the agreement as long as the cap remains 500 units. Mayor Klanderud opened the public heating. There were no comments. Mayor Klanderud closed the public hearing. Councilman Paulson moved to adopt Ordinance #44, Series of 2003, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Paulson, yes; Richards, yes; Semrau, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #74~ SERIES OF 2003 - Ballot Question Puppy Smith Street John Worcester, city attorney, told Council this question seeks authorization from the voters to change the use and sell portions o£the Puppy Smith property. Worcester outlined some changes in the ballot question to match Council's earlier action. In #1, "Prior to the start of any construction, the Parks and Open Space fired shall be reimbursed $250,000". Worcester said this will allow the fund to be reimbursed from funds other than the city. 13 Aspen City Council Regular Meetin~ September 8, 2003 Worcester said #4 should be amended to read "One of the affordable housing units shall be offered to qualified City of Aspen employees as either sale or rental units. The remaining affordable housing unit(s) shall be deed restricted in accordance with Aspen/Pitkin County Housing guidelines". #3 should be deleted entirely. Council discussed the wording for the new #3 and agreed on "Two affordable housing units shall be sold or rented through the general lottery pool as deed restricted units in accordance with the Aspen/Pitkin County Affordable Housing Guidelines. The miner's cottage currently occupied by a City employee shall continue to be offered to qualified City of Aspen employees as either a sale or rental unit". Councilwoman Richards asked if the ballot question commits the city to doing two different things, reimbursing the parks and open space fund as well as acquiring replacement property. Mayor Klanderud said the'first one, $250,000 is to make whole the parks and open space fund. Councilwoman Richards asked if the housing fund will purchase the replacement property. Worcester said it will be purchased by the open space fund. Councilman Semrau said paying back the parks and open space fund funds the replacement purchase. Mayor Klanderud said voters should know that the parks and open space fund is going to be paid back and that replacement open space will be purchased as two different things. Councilwoman Richards said as long as the city is not paying for the land twice. Councilman Semrau moved to approve Resolution #74, Series of 2003, as amended; seconded by Councilman Torre. Councilman Paulson said this is not fully cooked and he would prefer this nor go forward. Mayor Klanderud said this is going to a vote because the Charter requires it. Councilman Paulson stated the timing is not good. Councilman Semrau agreed Council does not have the luxury of time ro get this fully fleshed out. All in favor, with the exception of Councilman Paulson. Motion carded. APPOINTMENT TO MAROLT FINANCE COMMITTEE Steve Barwick, city manager, said this does not require a Council representative. Mayor Klandemd said she will serve on this committee. 14 Aspen City Council Regular Meeting September 8, 2003 Councilman Torte moved to go into executive session at 8:10 p.m. to discuss the purchase, acquisition, transfer or sale of property pursuant to C.R.S. 24- 6402(4)(a); seconded by Councilman Paulson. All in favor, motion carried. Councilman Torre moved to come out of executive session at 8:35 p.m.; seconded by Councilman Paulson. All in favor, motion carried. RESOLUTION #82, SERIES OF 2003 - Contract to Purchase to Real Estate Mother Lode Restaurant & Property RESOLUTION #83~ SERIES OF 2003 - Ballot Question Purchase of Property Councilman Torre moved to approve Resolution #82, and 83, Series of 2003; seconded by Councilman Paulson. Councilwoman Richards thanked staff for their diligent work in pursuing this contract. Councilwoman Richards stated this is a landmark investment for the city. Councilman Semrau said he feels this puts the city as risk purchasing a restaurant and property with historic restrictions. The city does not know what the expansion plans for the Wheeler are. Councilman Paulson agreed this ~s a good deal. Mayor Klandemd said she feels in the future the city will be glad they purchased this property. All in favor with the exception of Councilman Semrau. Motion carried. Councilman Torre moved to adjourn at 8:45 p.m.; seconded by Councilman Semrau. All in favor, motion carried. ~~K t~ Koc~~ City Clerk 15