HomeMy WebLinkAboutagenda.council.regular.199312065:00 COUNCIL MEETING
I. Call to order
AGENDA
December 6, 1993
II. Roll call
III.
Scheduled Public Appearances
a) Proclamation - Neighbor to Neighbor Awareness Week
IV.
Citizens Comments & Petitions (Time for anv citizen to address Council
on issues NOT on the agenda. Please limit your comments to 3 minutes)
V.
VI,
Special Orders of the day
a) Mayor's comments
b) Councilmembers' comments
c) City Manager's comments
Consent Calendar~se ma~lers
motion)
a) Minutes - November 8, 22, 1993
b)
c)
d)
e)
may be adopted together by a single
Red Brick Management Agreement 1 7..- I -~
Resolution #83, 1993 - Contract to Purchase Snow Dump Land
Resolution #86, 1993 - Request Extension of Recordation Marolt Housing
Resolution #84, 1993- Colorado Income Tax Program for Historic Preservation
VII, Li_quor License Authority Business
~.~', ~ ~' a) New Liquor License Hearing - Planet Hollywood ~'..__
VIII. Public Hearings
~:~',?.~ a) 1994 Budget and Supplemental Funding Decisions (Continue to December 13)
d)
e)
f)
'~1 ',to g)
~)
RFTA ,1994 Budget (RFTA Resolutions 4 & 5, 1993)
RFTA, 1993 Supplemental Budget Appropriation (RFTA Resolutio.n ~.3),
Ordinance #56, 1993 834 W. Hallam Landmark Designation L~
Ordinance #59, 1993 - 409 E. Hopkins Extension of GMQS Allotments
Ordinance #60, 1993 - East H,opkins AH Rezoning, GMQS Exemp_tion )
Ordinance #61, 1993 Extension of GMQS Allotments. Asia ~/
Ordinance #62, 1993 - Repealing Section 23-60 City-County Water Trust
IX. Action Items
a) Resoiution #85, 1993 - Commercial GMQS Allocation ~
b) Ordinance #64, 1993 Galena Plaza Vested Rights ~;~ [ '-{O ..-~'~....~
X. Information Items
XI. Adjournment
Next Regular Meeting December 13, 1993
City of Aspe,- Mission Statement
Aspen is a small and unique community with rich history and
special character. The natural beauty in and around Aspen is part
of our identity. Aspen's sense of community is enriched by the
diversity of both residents and visitors and reflects a balance of
their values.
* The purpose of the Aspen City Council is to provide leadership,
stewardship and service to the community and to preserve community
character.
* Through an open and friendly process, we are dedicated to
working in partnership with the community to nourish the mind,
body. and spirit of all who visit and llve here.
III
PROCLItP~TZON
Count~, and the To~n o£ ~nom~&ss V~ll&ge,
Colorado
WHEREAS, the City of Aspen, Pitkin County, and the Town of
Snowmass Village support and encourag~ the healthy development Of
families and individuals: and
WHEREAS, the mission of the Health and Human .Services agencies
serving residents and employees of Pitkin County is to enhance the
community's well-being through the provision of quality services
addressing optimal physical and mental health utilizing a network
of Human Services organizations~ and
WHEREAS, the following agencies have con2ributed significantly
toward the aforementioned mission: Asistencia Para Latinos, Aspen
Basalt Care Clinic, Aspen Buddy Program, Aspen Counseling Center,
Aspen Substance Awareness Project, Aspen Youth Center', Colorado
West Recovery Center, Community Health Services, Community Hospice
Program, Family Visitor Program, Pitkin County Lift-Up, RESPONSE,
and Senior Services~ and
WHEREAS, our community continues to recognize the growing Health
and Human Services needs of its residents and employees~ and
WHEREAS, public and private agencies and the citizens must work
successfully together to support the continued provision of our
qua!.ity Health and Human Services to prevent, identify, and treat
the problems facing people who live and/or work An Pitkin County:
and
WHEREAS, the City of Aspen, Pitkin County, and the Town of
Snowmass Village commend these community efforts and encourage the
continuation of total community involvement in he. lping to support
Health and Human Services, and,
NOW THEREFORE BE XT RESOLVED THAT THE CXTY OF AS?EN, HXTKXN COUNTY,
AND THE TOWN OF BNOWMAS8 VILLAGE THROUGH THETR REHREBEHTATIVES
Do hereby proclaim December 6 thru December 12, 1993, as
NBXdKB0~ TO NEIGHBOR &W]tRBNB08 WEEK
And encouraqe the support of all merchants and citizens.
By order of the Aspen city
Council This Day of December
6, 1993
By order of Pitkin County
Board of County Commissioners
This Day of December 7, 1993
John Bennett, Mayor
William Tuite, Chairman
By order of the Town of
Snowmass Village This
Day of December 6, 1993
James Hooker, Mayor
* MEMORANDUM *
TO:
FROM:
DATE:
Mayor and City Council
Amy Margerum, City Manager
Manager's Comments
December 2, 1993
AGENDA CHANGES
* Please remcve the Red Brick Management Agreement from the Consent Calendar.
This will be placed on the December 13 agenda.
POWER PLANT ROAD CLOSURE
As you are aware Power Plant Rd has been closed due to the City Shop construction
project. As the contractor began excavation it was determined that the area around the
shop was all fill material which created an unstable condition below the road. We are
in the process of stabilizing the road with retaining walls and compacting new dirt
behind the retaining walls. The road is currently unsafe to drive on. The contractors
have been directed to get the road open before the Christmas season and to get the
road in shape for emergency vehicle traffic as soon as possible. While this has
nothing to do with the HOV lane the fact that the road has been closed has been
associated with the HOV lane. In order to get better information out to the public on
this situation we are changing the signs and preparing a press release.
HIGH OCCUPANCY VEHICLE (HOV) LANE
The HOV lane is working well, however, we are still experimenting with other
changes. Randy will be present on Monday to update you on how it is working.
WATER PLANT OPEN HOUSE
The Water Plant is nearing completion and we would like to show it to City Council
on December 1( at noon.
ROARING FORK FORUM
The next Forum meeting is scheduled to be in Aspen on January 27.
To:
Thru:
From:
Mayor and Council _.l /
Amy Margerum, City Manager
Bill Efting, Asst. City Manager
Date: November 30, 1993
Re:
Contract for Snow Dump Site purchase from Pitkin
County
mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm
SUMMARY: Staff recommends approval to purchase four acres from
Pitkin County located near the current County Shop for the purpose
of snow storage. The contract and resolution are attached.
PREVIOUS COUNCIL ACTION: Council approved the site selection and
purchase price and directed staff to proceed with the necessary
contracts to secure the property.
BACKGROUND: The City of Aspen has been seeking a suitable storage
site for snow the last several years. In the past we have used the
area near the snow melter at Rio Gra'~de, Iselin Park Parking Lot
and the Marolt property. We approached Pitkin County in regards
to leasing or purchasing County property for this use.
Pitkin County reviewed three possible sites and after considerable
review offered the four acres near the County Shop to the City. of
Aspen for $30,000.00 an acre.
CURRENT ISSUES: City staff is currently preparing the site for
snow storage which includes berms, drainage and leveling. Pitkin
County has also asked for Right of First Refusal and public access
over the property for fishing. Staff feels that these requests are
fair and should be approved.
FINANCIAL IMPLICATIONS: The cost of the property i~ $120,000.00
plus closing costs. We have also spent funds preparing the site.
RECOMMENDATION: Staff recommends approval of this land for the
purpose of snow storage at a total cost of $120,000.00 for the land
plus closing costs.
PROPOSED MOTION: "I move to approve Resolution ~___ for the
purchase of land from Pitkin County."
CITY MANAGER COMMENTS:
RESOLUTION NO.
Series of 1993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT TO PURCHASE A PARCEL OF LAND FROM PiTKIN
COUNTY FOR USE AS A SNOW DUMP SITE, AND AUTHORIZING THE CITY
MANAGER AND MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Contract to Buy and Sell
Real Estate between Pitkin County and the City of Aspen, a true and accurate copy of which is
attached hereto as Exhibit "A"'
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That the City Council of the City of Aspen hereby approves that Contract to Buy and Sell
Real Estate between Pitkin County and the City of Aspen for the purchase of a parcel of land
for use as a snow dump site, a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the City Manager and Mayor of :he City of Aspen to execute said
agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the day of , 1993.
John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. Koch, City Clerk
Snc~ dump. res
Tills IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL ~IOULD BE CON~.,TED BEFORE SIGNING.
VACANT LAND/FARM AND RANCH
CONTRACT TO BUY AND SELL REAL ESTATE
Seller's remedy Liquidated Damages o~' Specific Performance (Section 16)
~,.,~ANCING SECTIONS OMrFTED)
,19
1. PARTIES AND PROPERTY. The Aspen City CounciL, purchaser(s) [Purchaser], (as joint termnts/termnts in co,non) a0rees to
buy, and the Pitkin County Board of Commissioners [SeLLer], agrees to seLL, on the term and conditions set forth in this
contra:t, the folLow)no described real estate in the County of Pitki......_~n, CoLorado, to wit:
A parcel of Land Located in Section iL, Township 9 South, Range 85 West of the 6th Principal Meridian, more fuLLy described
within Exhibit "A"0 contain &.O acre~, chore or Less.
together with all interest of SeLLer Jn rotated streets and aLLeys adjacent thereto, aLL easements and other ~ppurtenences
thereto, all iflq~rovements thereon and aLL attached fixtures thereon, except as herein exc~uclecl, and caLLed the P,'operty.
2. INCLUSIONS. The purchase price incJudes any item or Joprovements attached or otherwise, tnctudinB but not Limited to
fencing, survey markers, roadways, agricuLturaL iq~rovementa and Browing crops.
lhe above-described included items (IncLusions) are to be conveyed to Purchaser by SeLLer by biLL of sale, quit-cLaim deed or
other appLicabLe Legal instrument(s) at the closing, free and clear of aLL taxes, Liens and encdnbrances0 except as provided
in section
The following are excluded from this sale: ALt water rights associated with the property wiLL be retained by Setter.
PURCHASE PRICE AND TERMS. The purchase price shet' be $ 120,000.00
(complete the applicable terms below):
, payable in U.S. doLLars by Purchaser as foLLows
Ca) Earnest Money.
No earnest money deposit shaLL be required for the purchase.
L'3) Conditions of SaLe.
Purchaser agrees to place the following conditions or restriction on ~ Deed al SaLe for the Property:
Right of First Refusal. if and when the property is to be offered for sate, Pitktn County shaLL be given written
notice thereof, including the proposed sale price. Pltkin County shaLL have a thirty ($0) day nonassignabLe
option to purchase the property for the asking pri~e. In addition, Pitkin County shaLL have a thirty (]0) day
nonassignabLe right of first refusal to purchase the property which shaLL convnence when e bona fide purchase
offer is made by a thirdparty and accepted by the CityodAspen. if such offer is made while the initi'aL thirty
($0) day option period is stiLL in effect, Pitkin County maypurchese the property for the amount of the initial
sale price o~ the amount of the bona fide offer, whichever Is less.
ii) Purchaser shaLL aLLow for public access over the property for fishing.
lc) Cash at CLosing.
$ 120,000.00 to be paid by Purchaser at closing in calh, electronic transfer funds, certified check, savings and Loan
teller's check, o~ cashier*s check.
GOOD FUNDS. ALL payments required at closing shiLL be mdg tn funds which canpty with aLL appLicabLe CoLorado Lows.
5. NOT ASSIGNABLE. This contract shaLL not be assignable by Purchaser without SeLLer',; prior written consent. Except as
. so restricted, this contract shall Inure to the benefit of and be binding upon the heirs, Fersonat representatives, successors
and assigns of the parties.
6. EVIDENCE OF TITLE. Setter shaLt furnish to Purchaser, at SeLler's expense, either o ~urrent com~itmnt for o~r's title
' insurance policy in sn mfl~unt equal to the purchase price or at Set&arms choice, or an ale, tract of title certified to I current
date, on or before DecWr 1, 19~3. If a title insurance con/aliment la furnished, Purchaser my require of SelLer that copies
of instrumnents Car abstracts of Jnstr~J~ents) Listed in the schedule of exceptions CExceptions) in the title ir~urence com~itm~,rtt
also be furnished to Pu~'chaser at SeLLer's expense. This recluire~ent shaLL pertain only to inst,'~Jnents aho~ of record in the
office of the clerk an(J recorder of the designated county or co, ties. The title insurance coanitMnt, together with eny copiel
or abstracts of instrdnents furnished pursuant to thts section 7, constitute the title clc~uMnts (TitLe Doc~zMflts). Purchlser
n~Jst request SeLLer to furnish copies or abstracts of trmtrunents Listed in the schedule of exceptions no Later than l& catencl~r
days after Purchaser's receipt of the title Insurance comttnmnt. If SeLLer furnishes a title insurance ca~it,~-nt, SeLLer Mitt
have the title insurance policy delivered to Purchaser as soon as practicable after closing and pay the prwi~mn at closing.
7. TITLE. (al TitLe Review. Purchaser shaLL have the right to irmpect the TitLe Dc)c~nents or abstract. Writtennoticeby
Purchaser of unmerchantabitity of title or of any other unsatisfactory title condition shown by the TitLe Ooc~m~ents or Mastrict
shall be signed by or on behalf of Purchaser and given to Setter or Listing Company on or before l& calendar clays after