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HomeMy WebLinkAboutminutes.council.19820322JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the joint meeting together at 4:10 p.m. with Commissioners Madsen, Child, ii Klanderud and Kinsley and Councilmembers Knecht, Collins, Michael and Parry,~present. told the Boards this is a repeati 1. Joint Data Processing Agreement. City Manager Chapman of contracts in previous years for the 3oint department. The city and county are sharing the cost of the data processing operation. The 1982 budget has been approved by both Boards. Councilwoman Michael moved to approve the city and county joint data processing agreement; seconded by Commissioner Kinsley. All in favor, motion carried. 2. Rio Grande Report. City Manager Chapman told the Boards the staff has been meeting on this issue to put together a report on the issues of land aggregation. Commissioner Kinsle~ said in developing this program, the staff tried to keep in mind two sets of goals. One is to accommodate the performing arts center. Secondly, the ability to build on a short term basis, the jail facility and offices requires, and on a long term keep open the ability for county offices, if needed. The staff has attempted to move buildings around to accommodate these goals. Chapman told the Boards the staff has tried to aggregate the land parcels into the right ownership for the jail and performing arts center at the minimum outlay of public funds and also to assure a good overall plan for the Rio Grande. There are.five issues that have to be dealt with. First, acquire control of the Bealmer parcel; second ~ffectuate land trades between the city and county, parcels 2, 3, and 4. Third, the city and county have to acquire control of the Cap's parcel. The Boards also have to deal with the issue of future office space, which has not been identified on any specific parcel. The fifth issue Ks the county owned land along the river, which is parcel 7. The staff feels the Bealmer parcel should be acquired to provide for a better design for a performing arts center; to provide better vehicular access to the jail, and to avoid losing plaza, open space or parking space. The plan Ks that the county acquire the Bealmer property on terms equal to the current payment plan on the Oden property. This would be fairly equal. Chapman pointed out that the Oden property, parcel 2, is the key property in aggregating the site for the performing arts center. The staff suggests the city purchase the Oden property from the county for their payment obligations, this is $90,000 and $15,000 for 23 years. The total cost would be $435,000. By the city purchasing the Oden property from the county, this gives the county part of the funds to acquire the Bealmer property and takes over payments. Chapman suggested the county have the option to repurchase the Oden property for whatever the city has paid, if the performing arts center is not built. Chapman said the second land deal, to get the parcels in the right ownership, involves parcels 3 and 4. Parcel 4 is owned by the city and parcel 3 is owned by the county. The county would donate the stable site for a performing arts center. The city would give the county the parcel it needs for squaring off the site for the jail. Chapman told the BoardsII the Cap's parcel is essential to aggregate the land for a performing arts center. To minimize the amount of public funds necessary for all this, the staff recommends exchanging a 10,000 square foot parcel south of the Andrews/McFarlin parcel for the Cap's parcel. A goup of people associated with Arts West Aspen would build a 4,000 square foot building for Cap's on this traded parcel. In addition for them to give the Cap's building free and clear, this group would also build 6,000 square feet of additional office space. This Arts West Aspen group recognizes the city and county are considering office space needs; they would like the city and county to be tenants. Chapman said the staff looked at all the parcels, and from a planning and financial point of view, the best location for the office space would be part of the jail facility. The next issue is that of future office space, and the staff recommends that office space be allocated as part of the Rio Grande SPA master plan. Finally, the county would transferal its one plus acre along the river to the city for complstion of the greenway program. Chapman gave a comparison of the public investment in two options for aggregating the land. The plan suggested above is $466,000 shared equally between the city and county. An option to this plan suggests condemnation of Cap's at $600~000; condemning the Bealmer property at $200,000, and the county donating the Oden property at $233,000 for a total of $1,033,000. Kinsley pointed out some decisions in this plan can take place over time; others have to be made this week. One of these is county acquisition of ~4 so that the county can proceed with planning the jail. The other decision is additional office space in the jail facil'ty' Mayor Edel said the voters voted rather strongly against a combination of jail and office building; however, this does not necessarily indicate a feeling against the jail. Kinsley noted the voters voted on increasing property taxes, the jail and offices. What the voters voted against can be interpreted many ways. Kinsley said the county is not bringing the question of increased property taxes for the jail. The jail committee has spent a lot of time educating the public to the needs for a jail. Chapman said that office space is really the key to not having to condemn the Cap's parcel. Cap's will make land trade for land trade. In a condemnation, the city would have to pay for the building and the bus~ness. Arts West Aspen has said they will build a building for Cap's free and clear, provided that they can get another 6,000 square feet of office space to build. Chapman said Arts West Aspen needs the 6,000 square feet of additional office space to make this deal work, whether or not the city or county are tenants. Richie Cohen told the Boards the development group would be willing to build the 6,000 square feet of office space in conjunction with Cap's or with the jail. Chapman reiterated that from a planning and financial point of view, the office space would be better in con]unction with the jail. Cohen said there must be a minimum of 6,000 square feet to carry giving Cap's their 4,000 square feet. This has to be built somewhere on land that is free and available. Mayor Edel asked how the jail would be paid for. John Eldert said the debt service and operatinc cost will come from existing revenue sources, which will mean a displacement of some exist2 ing services. These issues will go to the voters as a revenue increase. Chapman told the Boards if the city went with condemnation of Cap's, there is no possible way to fund that without a bond. Commissioner Klanderud said her interest in seeing the office space.in the jail building is that it appears the least expensive way to go. Chapman said the only reason is that the Boards may not want Cap's on site 6, this is not a good use of the land; then they would go through condemnation. Mayor Edel said as far as the city owned parcel 4, he felt the County should have that. Councilman. Parry said he would like to get a price for parcel 4. Councilwoman Michael sai~ she would agree with a swap, parcel 4 for 3. Kinsley we~t through the parcels again. The county is trying to make facilities aVailable to the public without having to putout more money. The county is throwing in the acre plus along the river as a bonus. Councilwoman Michael said the decision on the jail has to be made. Councilwoman Michael. said she felt the city and county managers have come up with a workable plan; the Boards should d~cide on the major issues tonight. Councilman Parry agreed with the swap of 3 and 4, then lookir at where to get money for the Oden parcel. Councilman Collins agreed with the land trades What this doesn't answer is the location of the office space. Kinsley said the office space has to be answered this week because of the deadlines for the approval process. Councilman Parry said the future office space needs for the city and county are important; the city is currently renting some outside space. Councilman Knecht said he would prefer to condemn Cap's and not have a commercial building where it is planned. Councilman Knecht said he preferred the additional space on the jail facility. Councilman Knecht said he agreed with the land trade idea. Councilwoman Michael said if Cap's is condemned, how is the office space paid for. County manager Curt Stewart said there are three alternatives; one, Cap's and office on parcel 6; secondly, building Cap's at 6 and office in the jail; the city and county paying for office space in the jail. These three alternatives are roughly equal in price. Councilman Collins asked if moving Cap's to parcel 6 required a vote. Chapman answered yes. Mayor Edel outlined that the Council was willing to pick up the Oden property; this solves 2, 3, 4, and 7. The County will buy the Bealmer parcel. Stewart said the county is still negotiating for the Bealmer property and may have to come back to Council if they cannot meet a price'. Kinsley said the county has to be assured that they will have 8,000 square feet somewhere in the RiO Grande for future office needs. Mayor Edel said he is worried about taking this piece of open space and adding a jail, office space, Cap's and a perform- ing arts center. The end result may be a cluttered city on the Rio Grande. Kinsley said the county does own the land to construct future office space; this land is in the wrong place. The cOunty would like to work with the city to get this in the right place. Councilman Knlecht said he felt the best place for additional courthouse space was at the Courthouse Plaza. Kinsley did not disagree but the county has to know they have somewhere to go. Cohen suggested specifying ina the SPA plan there would be an :undesignated 8,000 square feet to be exempt wherever it is determined at that time. Councilwoman Michael said a lot of open space will be preserved, there will be a greenway, the buildings.will back up against existing density, the place for Cap's is adjacent to S/C/I uses already in place. The buildings and trades seem to make sense and the plan is reasonable. Sheriff Kien'ast said a decision has to be made with the architect by next week in order to get plans completed and construction started on the new jail. This jail is an absolute necessity. The coUnty has a great deal of valuable land; they are not asking for a lot in return. The county needs a commitment for the sliver and the purchase of the Bealmer property, and a commitment in the future for expansion of the county buildings. Mayor Edel said the Council agrees to the swap of land for parcels 2, 3, 4, 1 and 7. As far as the swap of 5 and 6, Council is not for this; they need to investigate other apProaches for 5 and 6. Councilman Collins said he was not in favor of giving up open space to put another building on for a swap. Plus this has to go to the voters, and how can Council agree to something before the vote. Mayor Edel said the staff has to explore other ways for parcels 5 and 6 to keep as much open space there as possible. Richie Cohen said the arts group would like to know that the process by which the voters can say they are willing to make the land swap has been set in motion. The Cap's property is needed to do the arts center; voter approval is needed to do the exchange. The arts groups cannot fund raise until they have a parcel specified. Cohen said he would like the election to be as soon as possible. Councilman Collins said he was not in favor of putting anything on parcel 6. Chapman told the Boards one plan for more office space is the renovation for City Hall including the basement. This renovation would be more expensive than normal conStruction. Building new office space would be cheaper. Chapman said a space study shows that the city could use an additional 4,000 square feet of office space. Councilman Parry said he would go for office space in the jail. Councilman Knecht said no office space; there are other options to look at. Commissioner Kinsley pointed out that functional consolidation of the law enforcement operations would save about $50,000 a year; full consolidation would offset the yearly cost of constructing the total office space in the jail building. Chapman said his study showed for full consolidation the first year savings would be lower and would increase after that. Councilman Collins said he felt the office space should be incorporated in the jail build- ing; however, he is not supporting that if Council has to make a decision to put Cap's on site 6 right now. Councilman Collins said he would support office space in the jail if the decision is independent from the Cap's decision. Ms. Klanderud said the other issue is the 8,000 square feet of office space in the future. Councilmembers Parry, Michael, Collins and Mayor Edel said they would be willing to consider this. Councilman Collins said he would like to see the potential sites for this. Councilwoman Michael said she would like more specific answers and to talk to planning department. Kinsley said the county wants to know that the Council is committed to allowing some place for 8,000 square feet to happen if the county needs that space to build offices. Councilwoman Michael said it is curious that the Council is willing to allow office space for government, which produces no revenue, but is unwilling to let the private sector build a building to make the way for a performing arts center. Chapman said the county is looking at the office space with the possibility of safety related departments sharing common space and common expenses and save some money. This is the preference of the county. Chapman said the main criteria is money. Mayor Edel said there are a lot of heavy considerations in discussing either physical of full consol~ dation of the law enforcement agencies. Mayor Edel said the Council is not prepared to discuss consolidation. Curt Stewart told the Boards he and Chapman had a resolution for adoption of the joint boards. This resolution needs some rework and Stewart requested the Boards reconvene another time this week in order to rework the resolution. Council said they would meet Wednesday, March 24 at 5 p.m. 3. Hiking-Jogging Trail Aspen to, Difficult. City Manager Chapman reminded Council they had requested the staff meet and report back on the cost of a trail requests by PCPA. The PCPA was willing to put.up some funds if the city and county would pick up the engineering and legal fees. Chapman said these fees would be in the neighborhood of $68,000 of which $23,000 would be in-kind costs. Chapman said before the city and county spend this .$68,000, they should have an idea where the money to construct the trail would come from. Raymond Auger pointed out this trail was never assumed to be paved so the cost should not be that high. City Engineer McArthur told the Boards that the estimated cos~ of building bike paths if over $100,000 per mile. McArthur said where this planned trail is has a lot of retaining walls, involves cut and fill. Auger said this trail has never been considered as a paved bike path but rather a dirt- type substance jogging path. Mayor Edel said regardless, there is some cost to construc- ting a trail. The Boards, before making a decision, will have to know what these costs are and where the money will come from. Auger said the PCPA has put up $30,000 for this trail and it may well be done within this budget. McArthur pointed out that the highway is not that wide nor are the right-of-way. This trail will necessitate purchasing some rights-of-way. Councilwoman Michael suggested that Auger meet with City Manager Chapman and the engineers to resolve the differences and to give the Boards a better idea of the kind of trail this will be. COUNCIL MEETING MINUTES Councilwoman Michael moved to approve the minutes of February 8, and 22, 1982: seconded by Councilman Knecht. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Collins moved to approve the accounts payable for February; seconded by Counci man Knec~t. All in favor, motion carried. Mayor Edel said there must be a more simple way to present these. City Manager Chapman said there are some statutory requirements that require the accounts payable be in this form. Chapman told Council that the finance department is looking into simplyfing all the financial reports. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilwoman Michael moved that the Rio Grande election questions be placed on the agenda; seconded by Councilman Collins~ All in favor, motion carried. RIO GRANDE ELECTION QUESTION City Attorney Taddune told Council if they wished to call a special election regarding the Cap's land trade issue, this can be done by resolution; if this election is to include amending the Charter, this must be done by ordinance. Taddune suggested continu-il ing this until Wednesday so that the proper legislation can be written. Taddune told Council they could reserve the right to add other'questions to this special election. The Charter amendment will be the restriction on the sale, exchange or disposition of property acquired for open space purposes and/or change in the use of property. Taddune said it is up to Counci'l to decide whether they want the Charter amendment on the ballot alone or added to questions on the Rio Grande swap; the dedication of the right-of-way on the Thomas property; the Wheeler Opera House sale, etc. Mayor Edel said the Council is committed to having the Charter amendment question. Chapman told Council that the Arts West Group would like to have a single question on a special election, regarding the Rio Grande land trade. In addition to this, there are other issues, such as sale of Castle Ridge, which may have to go to referendum. Council needs to consider all these issues and decide how to schedule one election or more. Mayor Edel said he felt the Council wanted more time on the Rio Grande issue on whether to trade with Cap's or to condemn Cap's. Chapman said condemnation is a cash deal and CounciI would need a'bond issue, which would have to go to the voters. Councilman Collins said he would rather see both of these on one election rather.than having two elections. Councilmembers Knecht and Parry agreed. Councilwoman Michael agreed with an election in May or June with the Charter amendment and the Cap's question. Taddune presented an ordinance for the Charter amendment for an election June 15th with options to add other questions to the ballot. Councilwoman Michael moved to table this issue and Ordinance #14, Series of 1982, until Wednesday March 24, 1982; seconded by Councilman Collins. All in favor, motion carried. FUNDING FOR THE ARTS Laurel Jones, director of the Aspen Center for the Visual Arts, said the Council had asked the arts groups to reconsider their requests for city funding, given the slugishness of the real estate transfer tax and the renovation of the Wheeler. Ms. Jones presented the lowered requests; some arts groups were able to lower their requests, some were not. The requests now total $89,150. Ms. Jones told Council is discussions with the arts groups and city staff, they arrived at a three part proposal. (1) the Council designate a task force to identify a funding alternative and allocation method to p~ovide maximum benefit to the arts organizations on a long-term basis; (2) the arts groups propose that the $89,150 requested this year come from the general operating funds of the city; (3) if Council cannot make the entire $89,150 award, the Council will listen to individual groups so the allocation can be done in the best manner. Ms. Jones said the arts groups are concerned about this year but are also concerned about the long term funding. City Manager Chapman said with the condition of the real estate transfer tax there might not be any money to contribute anything to the ar~s groups. Chapman told Council the 1981 general fund end of year balance was much better than projected. Chapman said he would not rule out the ability to fund the arts groups from the general fund for 1982 only. Chapman said even thought the city is in good financial shape right now, over a four or five year projection: the city may be living off prior year surplus. For 1982, the ability to fund the arts groups is there at a certain level. Chapman recommended using the same budget guideline used for all other general fund operations, which is 1981 funding level plus a maximum of 7 per cent increase, which is about $64,000. Ms. Jones asked Council to make a commitment to a source of funds from the general fund. Councilman Collins agreed with the recommendation as long as it is subject to the same conditions of the other general fund operations in terms of revenue over the next few months. Mayor Edel said the Council could probably make a definitive decision in May, and should tell the arts groups the Council is looking at $64,000 and then see what groups should have what amounts. Ms. Jones pointed out there are certain arts groups that need their money earlier than waiting until the middle of May. Councilwoman Michael moved to provide funding for the arts groups for the year 1982 from the general fund; and that the amount for 1982 be $64,120 and that that amount of money be c~nsfdered with all other department budgets given exigencies in sales tax revenues and that the city Council through the city manager develop a task force to come up with a plan for future years funding; seconded by Councilman Collins. Ellen Kohner pointed out the funding figure is based on last year's reauest and that there are new groups asking for money this year. Mayor Edel said the funding is based in terms of dollars not the number of groups. Chapman said the staff will have to monitor the real estate transfer tax carefully; the city is interested in keeping the Wheeler moving along. This ~s one reason the city considered funding out of the general fund for the arts Ms. Jones asked how and when the $64,000 will be divided up. Council set a meeting with the arts groups for Friday, April 9th at noon. All in favor, motion carried. ORDINANCE ~11, SERIES OF 1982 - Floor Area Limitation Councilman Knecht moved to read Ordinance ~11, Series of 1982; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~11 (Series of 1982) AN ORDINANCE AMENDING SECTIONS 24-3 AND 24-13 OF THE ASPEN MUNICIPAL CODE BY AMENDING THE DEFINITIONS OF BASEMENT, SUBGRADE AND THE SUPPLEMENTARY REGULATION FOR MEASURING FLOOR AREA FOR FLOOR AREA CALCULATIONS; AND FURTHER AMENDING AREA AND BULK REQUIREMENTS TO INCLUDE MAXIMUM ALLOWABLE FLOOR AREAS FOR SINGLE- FAMILY AND DUPLEX STRUCTURES IN THE R-6, R-15, R-30, R-40 AND R/MF ZONE DISTRICTS was read by the city clerk Sunny Vann, planning director, has taken Council on a field trip of 53 structures to show the appicability of the various floor area limitations proposed. There have been several floor area limitations proposed and presented graphs of the various limitations. The P&Z recommended one scale for both duplexes and single family; the planning office had set out two separate scales, a slightly larger one for duplexes. The planning office has drafted a trial ordinance incorporating all the issues that have been discussed. Council reaffirmed they were interested in a floor area limitation of some sort. Lee Pardee, P & Z member, told Council the vote at P & Z was a 4 to 3 vote and one of the major i~sues was the separate scales between single family and duplexes. Pardee said he felt this was an over reaction to just three or four houses. This ordinance will make half the houses in town non-conforming structures. Olof Hedstrom, chairman of P & Z, told Council the P & Z listened carefully to all arguments pro and con, and had hou~ and hours of discussion. Hedstrom said the final result was a n~ce bit of compromise that reflects the Commission's serious concern for the future of this community and what overbuilding hag done to it. Hedstrom said he felt the final result to Council represents an exemplary and splendid decision on the part of the Commission. Gideon Kaufman said the new line the planning office came up with Ks acceptabTe if Council goes along with a separate line for duplexes. The city has traditionally treated duplexes and single family residences differently; the Code acknowledges a little more density being given to a duplex. Kaufman said he felt there is a need for a more liberal line for duplexes. Kaufman said the intention of this ordinance is to eliminate the excesses of buildings and not to discriminate against the ~erson who bought land with the expectation of a duplex lot. Robin Molny pointed out there would be little or no single family buildings built in the R/MF zone. Duplexes should be encouraged. Molny agreed with Kaufman's comments. Bill Martin said this ordinance is not fair to single family residences that have been in for years. Houses in the west end will not be able to remodel or add square footage. Martin said there should be some latitude and special review to permit some structures to increase their size. Vann said there may be some possibility for expansion subgrade. Vann also suggested that structures which have received individual historic designation may be excluded. Vann said the floor area limitations were set up mainly for new construc tion. Louie Popish said if there are any more restrictions put on his property, it will not be saleable. Popish said he did not disagree with the need for an ordinance like this but agreed with Kaufman there should be a separate scale for duplexes. Tom Elbert said he felt duplexes with only 1550 square feet per side are not marketable. Marge Riley said she hoped there would be some restrictions as some of the new buildings are completely out of line with the neighborhoods. Carolyn Doty told Council she is for the most restrictive FAR. Ms. Doty said there are many new large buildings which are a blemish to the town. Ms. Doty read a letter to the editor from a Florida resident complain- ing about the lack of green space and condominiums buil~ on top of condominiums. Vann explained that the whereas's in the ordinance establish the chronology behind it. Vann told Council that section 1 establishes a floor area limitation, which is a function of lot size rather than a fixed ratio for every zone district. This establishes the size for single family and duplexes in all residential zone districts of the city. There is a table establishing the sizes for structures; this ordinance has only one table for both single family and duplexes. Section 2 retains the 1:1 FAR in the R/MF zone because nothing has shown this to be inappropriate. This section contains a requirement for a larger open space in R/MF. cen~ Vann told Council there was some concern raised about a 35 per open space in the R/M~ when other zones have a 25 per cent open space requirement. Vann said the reason zone for this is to eliminate lot line to lot line construction. Using the setbacks in the R/MF zone, the open space will be in excess of 25 per cent. The requirement for 35 per cent will preclude the ability to build setback to setback. The section also reduces the maximum height in the R/MF zone from 28 feet to 25 feet, which is the requirement in the other residential zones. Kaufman told Council the intent of the R/MF is to ge~ multi- family structures; a 25 per cent open space requirement seems more appropriate to get more flexibility in the type of buildings. Vann reiterated with the setbacks in place, 25 per cent open space is already provided; therefore, a 25 per cent open space require- ment is meaningless. Vann told Council that Section 3 changes the Code to apply continuous open space only to non-residential projects. Vann told Council that Section 4 deals with basements, which are defined as 50 per cent or more below grade; sub-grade, which is a basement 100 per cent below grade; and sub-basement, which is a space below a basement. Vann said that basements are included in the FAR calculation as being only partly below grade they have an impact on mass and bulk and could conceivably be used an living or commercial space. Vann said the planning office is proposing for sub-grade space in residential districts not be counted in the floor area calculations. This space is 100 per cent below grade and will not have a bulk impact. Vann told Council P & Z recommended that garages in excess of a certain amount of space be included the the floor area calculations. Vann asked Council if they wanted to dis- tinguish between single family and duplexes. Councilwoman Michael said she would like a different formula for duplexes; Councilman Parry agreed. Vann said the planning office originally recommended two scales to the P & Z; there was not a consensus of opinion on that issue. Vann pointed out the Code already provides for an increase in density for duplexes, recognizing it is a more intensive land use. Councilman Knecht said this problem stemmed from over-large duplexes; however, there should be a slight difference fop duplexes. Vann pointed out the diferrent lines on the chart, and told Council if they accepted Kaufman's recommendation, the difference for duplexes would be an 10 to 15 per cent increase. Mayor Edel opted for one line, come up with one equitable line as bulk is bulk. The majority of Council asked for two lines. Councilmen~bers Knecht and Michael went for'the dotted line as duplex; Councilmembers Collins, Parry and Mayor Edel went for the dotted line as single family. Vann said the staff will redraft an ordinance to come up with the applicable numbers and clarify the language on the issues that have been discussed. Councilwoman Michael moved to table Ordinance #11, Series of 1982; seconded by Councilman Parry. All in favor, motion earried. HIGHWAY 82 OPEN SPACE TRANSFER - THOMA~ PROPERTY Mayor Edel said the city has been asked by the highway department to designate a through- way through the Thomas property. The Council has been told by staff this can be done under current jurisdicition. Mayor Edel said it is the sense of Council to put the Thomas property highway designation to a vote of the people. Councilman Knecht moved to direct the city attorney to draft a resolution to put the Thomas property dedication to a vote; seconded by Councilman Parry. City Attorney Taddune pointed out the Council is starting to pile up questions to be considered at a special election and asked Council if too many questions.would be confus- ing to the voters. Mayor Edel said the Council is only considering whether or not the Thomas property dedication should go to a vote. All in favor, motion carried. ~egu±ar ~eeL~n9 THE ONGOING SAGA OF ASPEN'S 18 HOLE CHAMPIONSHIP GOLF COURSE Jim Holland explained that the golf pro resigned early in the year and he and Ted Armstrol have been trying to put together a solution to operate a pro shop. It was too late to advertise and get a pro. Holland and Armstrong have worked on an interim solution for this summer. Holland and Armstrong circulated a proposal to all sports stores in the area to run the pro shop for the summer. There was one response from the Sports Stalker. Mooney's assistant, Scott Cain, will be the PGA pro for the summer. Holland told Council the programs that Mooney established will be continued. Chapman said the interview process would be set up with the golf associations. Chapman said the city will not get 5 per cent of the golf cart rental; however, the city will not have to supply the gas, last year the city lost money on that. Armstrong requested in the future when the staff needs to negotiate things like this, the staff could work directly with the city manager and not burden Council. Councilman Knecht moved to approve the memorandum of March 4, that Council accept the items in the memorandum, and in the following year Armstrong and Holland negotiate throug~ the City Manager; seconded by Councilman Parry. All in favor, motion carried. ARCHITECTURAL AGREEMENT - Pro Shop City Manager Chapman explained the lessees will provide this to the inside wall and rough in the plumbing. The city has to provide finishing, furnishings, interior separations. This architecture agreement would only bet. for the city's aspect of the pro shop. The upset limit on this is $5,000. Councilman Knecht moved to authroize the city manager to enter into an agreement with Hagman Yaw architects, Ltd. for architectural services on the golf clubhouse/pro sho facility limiting this to a topset of $5,000; seconded by Councilman Parry. All in favor motion carried. ORDINANCE ~8, SERIES OF 1982 Golf Course rezoning Mayor Pro Tem Michael opened the public hearing. There were no comments. Mayor Pro Tem Michael closed the public hearing. Councilman Knecht moved to adopt Ordinance 98, Series of 1982, on second reading; seconde~ by Councilman Parry. Alan Richman, planning office, reminded Council they had initiated this rezoning for the golf course. The land associated with the Plum Tree is zoned park with a golf course support overlay as is the parking lot. Roll call vote; Councilmember Knecht, aye; Collins, aye; Parry, aye; Mayor Pro Tem Michael aye. Motion carried. FINAL PLAT - Golf Course Subdivision Richman told Council this goes along with the rezonlng. The engineering department notes all corrections on the plat have been made. The attorney's concerns have been accommodate in the final pla~. The attorney indicated a subdivision agreement was not needed because there are no particular improvements to be made. Councilman Knecht moved to approve the golf course final plat, subject to the following condition; the plat is signed and sealed by the surveyor and approved by the city enginee~ as to form prior to recordation; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION #9, SERIES OF ~982 - Appointing William R. Jordan Deputy Municipal Judge Councilman Collins moved to read Resolution #9, Series of 1982; seconded by Councilman Knecht. All in favor, motion carried. RESOLUTION ~9 (Series of 1982) WHEREAS, William R. Jordan III is an attory-at-law licensed in the State of Colorado (Reg. No. 2761) and practicing law ~n Aspen, Pitkin County, Colorado, nd WHEREAS, said William R. Jordan III has requested a one-day appointment by the City Council of the City of Aspen as a Deputy Municipal Judge in order to officiate at a weddling in Pitkin County, Colorado, and WHEREAS, the City Council has the power to make such an appointment, pursuant to Section 7.2(b) of the Charter of the City of Aspen; NOW, THEREFORE BE IT RESOLVED~BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That said William R. Jordan III be and hereby ~s appointed a Deputy Judge of the Municipal Court of the City of Aspen, Colorado, without compensation, for the day of March 27, 1982, for the sole purpose of officiating at the marriage of James J. Mollica and Sharon Boucher was read by the city clerk Councilman Knecht moved to approve Resolution ~9, Series of 1982; seconded by Councilman Parry. All in favor, motion carried. VENDING CONTRACT Peppermint Patti's Popsicle Palace Monroe Summers told Council this is the annual renewal for this vending contract. Patti has been doing this for eleven years. This is basically the same contract with two changes. Summers explained he has made this a five year contract with four extendable one-year options at the discretion of Council. Patti will notify the city 60 days before the contract expires in writing. If Council elects not to challenge the contract within that 60 day period, it ~s automatically renewed. The other change came from the city attorneys office, is in Section f and addresses litigation and attorney's fee. City Attorney Taddune pointed out under Section 13.61 of the Code, the Council can enter into vendor contracts after considering the availability of existing .services, the public need for the service, costs of policing and administering. Councilman Collins moved to approve the contract as drafted; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION ~7, SERIES OF 1982 - Ambulance District City Manager Chapman told Council in the continuing efforts to try to get financing for an ambulance service, unified and paid for an an equitable manner, this is to authorize the county to create an ambulance district. This resolution says if the county does authorize an ambulance district, the city of Aspen consents to be included. Councilman Collins moved to read Resolution ~7, Series of 1982; seconded by Councilman Knecht. All in favor, motion carried. RESOLUTION #7 (Series of 1982) WHEREAS, the Board of County Commissioners of Pitkin County, Colorado, proposes to initiate proceedings for the formation of an ambulance district pursuant to C.R.S. 1973, Section 30-35-901 et seq. being part of the Colorado Home Rule Powers Act and WHEREAS, the Act further provides in C.R.S. 1973, Section 30-35-103(2) that: "(2) None of the home rule powers granted in this article shall be exercised by a home rule county within the corporate limits of any municipality or territory annexed thereto, nor shall any fee, tax, assessment, or levy of any kind be imposed within such municipality for the exercise of any of the county home rule powers which are not authroized for nonhome rule counties, unless consent thereto is first given by the governing body of such municipality " AND, WHEREAS, the City Council wishes to endorse, support and facilitate the formation of an ambulance district and to give the consent called for in the above recited legislative provision, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ASpen that it does hereby consent to the inclusion of the area (in whole or part) within the corporate limits of the City of Aspen in any ambulance district formed by Pitkin County pursuant to the "Colorado County Home Rule Powers Act" all as required by Section 30-35-103(2) of said Act was read by the city clerk Councilman Knecht moved to approve Resolution #7, Series of 1982; seconded by Councilman Parry. All in favor, motion carried. APPLICATION FOR THREE-WAY LIQUOR LICENSE - The Greenhouse Diner Mayor Pro Tem Michael opened the public hearing. City Clerk Koch reported the file, posting and publication were in order. Milan Prikryl, applicant, told Council he has been managing the Wineskin in Snowmass for eleven years. He,and Peter Werner purchased the Greenhouse Diner in October, which had a beer and wine license. The applicants desire a three-way liquor license. Prikryl passed out sample menus. Mayor Pro Tem Michael asked for comments. There were none.~ Mayor Pro Tem Michael closed the public hearing. Councilman Knecht moved that based on the evidence presented at the public hearing held March 22, 1982 relating to the application of Werner and Prikryl ~or a three-way liquor license, the City Council finds that the needs of the community have not been met and the license as applied for is hereby granted; seconded by Councilman Knecht. All in favor, Mayor Pro Tem Michael abstains; motion carried. PROPOSED CHANGE TO ORIGINAL STREET ENCROACHMENT AT CITY MARKET City Engineer McArthur told Council City Market is tearing down the wooden shed by the loading dock and building a new structure to match the existing rock wall. City Market needs to revise their encroachment license; however, they would like to delete the encroachment license. McArthur said the city should keep the license because this is in the right-of-way by 5-1/2 feet. The engineering department has no problems with this encroachment. Colette Penne, planning office, told Council there was no problem with this change as far as the PUD agreement. McArthur pointed out this will decrease the encroachment into the city's right-of-way be 3-1/2 feet. McArthur said the engineering department would rather see a wider sidewalk than a planter. Councilman Knecht moved to approve the proposal for a dock cover at the northeast corner of the existing building subject to the following conditions; (1)the application shall submit plans to the building department sufficient to obtain a building permit; (2) pro- vision of either a wider sidewalk or landscaping at grade along the Original street right-fl of-way vacated by removal of the old shed and fence; (3) submission and recordation of both a revised PUD plat and encroachment agreement reflecting the reduced encroachment agreement reflecting the reduced encroachment into Original street; (4) the revised encroachment agreement should, subject to confirmation by the city attorney, be substan- tially the same as the May 6 agreement, maintaining the ability of the city to require removal; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE 912, SERIES OF 1982 - Purchase of Street SweePer Councilman Knecht moved to read Ordinance ~12, Series of 1982; seconded by Councilman Collins. Finance Director Sheree Sonfield told Council there is $25,000 budgeted in 1982 to lease a street sweeper out of the asset replacement fund. Ms. Sonfield discussed the loan with several banks and came up with the Bank of Aspen at $63,000 for three and a half years. Ail in favor, motion carried. ORDINANCE ~12 (Series of 1982) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF A LOAN AGREEMENT BETWEEN THE CITY OF ASPEN AND THE BANK OF ASPEN WHICH IS FOR A TERM OF FORTY-TWO MONTHS AND PROVIDES FOR A MONTHLY PAYMENT OF $1,895.01 was read by the city clerk Councilman Parry moved to adopt Ordinance #12, Series of 1982; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Parry, aye; Knecht, aye; Mayor Pro Tem Michael, aye. Motion carried. ORDINANCE %13, SERIES OF 1982 - Appropriations Councilman Parry moved to read Ordinance #13, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #13 (Series of 1982) AN ORDINANCE RECOGNIZING REVENUE OF $750 AND APPROPRIATING EXPENDITURES OF $1,500 FROM CURRENT YEAR FUND BALANCE IN THE GENERAL FUND; APPROPRIATING EXPENDITURES OF $5,600 FROM CURRENT YEAR FUND BALANCE IN THE WATER FUND; RECOGNIZING REVENUE OF $16,200 AND APPROPRIATING EXPENDITURES OF $18,900 FROM CURRENT YEAR FUND BALANCE IN THE LAND FUND; APPROPRIATING EXPENDITURES OF $700 FROM PRIOR YEAR FUND BALANCE IN THE WHEELER FUND was read by the city clerk Councilman Parry moved to adopt Ordinance %13, Series of 1982, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Parry, aye; Knecht, aye; Collins, aye; Mayor Pro Tem Michael, aye. Motion carried. RESOLUTION #8, SERIES OF 1982 - Agreement with Merrick and Company for Electrical Engineering Services City Manager Chapman told Council that Merrick and Company are the city's consulting engineers for the electric department. The Council has budgeted $10,000 for these services. Councilman Parry moved to read Resolution ~8, Series of 1982; seconded by Councilman Knech All in favor, motion carried. RESOLUTION %8 (Series of 1982) A RESOLUTION APPROVING A LETTER AGREEMENT BETWEEN THE CITY OF ASPEN AND MERRICK & COMPANY SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH MERRICK & COMPANY PROPOSES TO RENDER ENGINEERING DESIGN AND CONSULTING SERVICES TO THE CITY OF ASPEN IN CONNECTION WITH THE CITY OF ASPEN ELECTRIC SYSTEM WHEREAS, there has been submitted to the City Council a letter agreement between the City of Aspen and Merrick & Company Setting forth the terms and conditions upon which Merrick & Company proposes to render engineering design and consulting services to the City of Aspen in connection with the City of Aspen Electric System, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 THAT IT DOES APPROVE THE AGREEMENT BETWEEN THE City of Aspen and Merrick & Company attached hereto and incorporated by this reference; and does further authorize the Mayor, on the effective date of this resolution, to execute said agreement on behalf of the city of Aspen was read by the city clerk Councilman Parry moved to adopt Resolution ~8, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. RUTHIE'S RESTAURANT Colette Penne, planning office, told Council Ruthie's Restaurant is a new restaurant facility proposed by the Aspen Skiing Company to be built at the top of Lift 1-A over the existing pump house. Ms. Penne explained this is a county review matter, but the planning office has asked for input from City Council and P & Z. There may be some impact on the base area; however, the city P & Z felt there would be no significant impact. The P & Z is sending a recommendation of general support to the county. Mountain capacity is not being increased by the restaurant. The point of the restaurant is to redistribute skiers on the mountain and utilize the 1-A side more. The city P & Z appreciated the applicant coming before them because it has a possibility of impact on land use for the city. The applicant has indicated cooperation if there are base impacts, they will do what they can for necessary improvements. Councilman Collins asked if this were just for skiers in the winter. Lennie Oates, counsel for the applicant, said they would like to maintain the option~ see what the market place will be for a possible summer operation. Jerry Blann told Council the Skiing Company has, in the past, been in the summer restaurant business at Aspen and Buttermilk, and it has not been economic. Blann told Council of the three ski areas, the ratio of skiing capacity to seating capacity is lowest on Aspen Mountain. Oates said the view from the restaurant over town is one of the most attractive features; this may necessitate some visual impact, which the county P & A will address. Oates said the applicant feels the trade off will be beneficial from what the mountain will get. Councilman Collins moved to ask the planning office to draft a resolution Councilman Parry asked if the county P & Z is concerned about the visual impact. Oates said this might be an issue at some point. Ms. Penne told Council the Skiing Company would like to put an employee unit at this restaurant. Ms. Penne suggested the employee unit be at the back of the building so that any lighting will not show in town. Council- man Parry asked if there were any way to get rid of the light on the building now. Blann told Council during snowmaking operations the light is a reference point Councilman Collins moved to ask the planning office to draft a resolution ~ncorporating the Council's general favorable comments as expressed this evening and some sense that they will work on whatever visual impacts there might be, for transmittal to the county; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~10, SERIES OF 19B2 - Wheeler Opera House Board of Directors Mayor Pro Tem Michael opened the public hearing. There were no comments. Mayor Pro Tem Michael closed the public hearing. Councilman Knecht moved to adopt Ordinance ~10, Series of 1982, on second reading; seconde~ by Councilman Parry. Roll call vote, Councilmembers Collins, aye; Parry, aye; Knecht, aye; Mayor Pro Tem Michael, aye. Motion carried. · Councilman Collins moved to continue the meeting until March 24, 1982; seconded by Councll~ man Parry. All in favor, motion carried. Council left at 9:45 p.m. City Clerk Continued Meeting Aspen City Council March 24, 1982 Mayor Pro Tem Michael called the meeting to order at 5:15 p.m. with Commissioners Kinsley, Child, Madsen and Klanderud and Councilmembers Collins, Parry and Knecht. RIO GRANDE PROPERTY City Manager Chapman told the Boards he and Curt Stewart feel the best way to proceed is to lock up the decisions the Board made in a joint resolution. After that, the Boards can deal with the unresolved issues, such as Cap's building and the issue of office space. Curt Stewart went over the resolution; the whereas deal with the intent of what this is trying to accomplish. The first is that the city and county want to facilitate the con- struction of a performing arts center and other improvements associated with the Rio Grande, and to construct a jail on land that is partially owned by the city. Second, the jail is a necessary public facility and the land the county has previously acquired for the jail is necessary for a proposed performing arts center. Stewart said in the resolved issues, these are ones the managers felt the Boards had agreed upon at their regular meeting Monday. The first is that the County will convey to the city (1) about 25,000 square feet of the Oden property to be used as a performing arts center and (2) the county will convey to the city 40,000 square feet along the Roaring Fork River known as the Aspen One property, which will be used for open space purposes to meet the greenbelt plan. The Board of County Commissioners will convey to Arts West approximately 13,000 square feet known as the stable property for the performing arts center. The third point is that the City of Aspen will reimburse the money the county has paid into the Oden property which is $90,000 and the city will take over payments to 2005. At that point the property will be the city's and the city will g~ve it for the performing arts center. The fourth point, if the Oden property ~s not used for the performing arts center, it could revert to the county, if the county reimburses the city for any money put into it, including the $90,000. The fifth point is that the County intends to purchase the Balmear property under the same terms the county has for the Oden property resulting in a net financial impact similar to the impact what the county is currently paying for the Oden property. The sixth point is that the city agrees to incorporate into the SPA process for the Rio Grande an allocation for future office space for the county. The office space will be in the SPA when it is adopted. The land will be available to the county at no cost for office space construction when future needs dictate. This is in consideration for the donation of the stable property by the county for the performing arts center. The seventh point deals with a triangle of land, which the city will subdivide and convey to the county that portion of land necessary to construct the proposed jail. The next four points are procedural in order to make this triangle of land go to the county in a timely fashion so the county can meet this summer's construction schedule for the jail. The last section says this resolution is intended as a general statement of intention by the governments as to how they want to proceed with this property. On or before April 12, 1982, the county will prepare a land exchange agreement incorporating all the specifics of the intent. Commissioner Klanderud asked if there was a provision that if the performing arts center is not build, what will happen to the stable property. Stewart said it is the intent to have an agreement with Arts Wes~ stating that if the performing arts center is not built, the land will revert to the county. If the county cannot purchase the Balmear property, the whole thing is back to the drawing board. The issue of the future office space in the SPA plan will be worked out with the planning staff and the county in terms of site, size and relationship. Commissioner Kinsley said point number six presupposes a good faith effort on the pa~t of both parties to work together. The city and county will have to come to an agreement that works mutually. Chapman said without looking at the total SPA plan, it will be premature to say where the space will go and how much square footage it will be. Kinsley said the county conceded to allow the SPA planning effort to come to a conclusion that will work for everybody. Mayor Pro Tem Michael said she had no problems with the resolution containing the amount of square footage needed for future office space. Stewart said the staff is in tentative agreement that a possible solution for this future office space will be the air space above the parking. However, it may be best to let the solution come out of the SPA planning process. Councilman Collins said he had heard that 8,000 square feet was requested. Kinsley told Council this number came from the 13,000 square feet of stable property and subtracting the 4,000 square foot triangle the city is giving for the jail. Kinsley said this deal is not in terms of square feet for square feet but to come to a conclusion that works for everybody. If this were a quid pro quo deal, the county should demand 9,000 square feet be written into the resolution. Councilman Parry said the county is conveying the stable property to the Arts West; is it the intention that the city will convey to Arts West the Oden property. Chapman said to avoid the issue of the city conveying land, the county donates the land to Arts West. Councilman Colllins said this deal involves a trade of land between the city and county. If the city is trading the triangular piece for the stable, the city should be the beneficiary of the trade and this should go to a vote of the people. Councilman Collins said the could be contested on that basis. Kinsley said this deal is not exchanging land for land; the city is giving the county a triangle of land. In consideration for that, the county is giving Arts West another piece of land. This is not a trade of land among individuals. Chapman pointed out in the resolution the stable site is in consideration for future office space, this is not a direct trade. The Boards added to section 2, the sentence, "The stable property will revert to the County in the event a performing arts center is not constructed within a 10 year period". Councilman Collins asked how this affected the future office space discussed in number 6. Kinsley pointed out the sentence that the allocation of land is being provided in consid- eration of the donation of the stable site for the performing arts center. If the stable site ~s gone, the county is back to building~office space at the stable site. Council- woman Michael said she would like language that separates the issues in the resolution. Councilman Knecht suggested that one way to accomplish the office space for the county and possibly the city, would be a trade with the county for Wagner park. Councilman Knecht said he would not like to see the office space built in conjunction with the jail, but would like to see the jail as a law enforcement building. Councilman Knecht suggeste¢ the city pay for Wagner park with open space funds, then the county could buy the Court- house Plaza. The city could eventually build underground parking under Wagner park. Stewart said the county would like to buy the Courthouse Plaza; the problem is the build- ing costs $3,000,000. Stewart said he doubted the city wanted to pay that for Wagner park. Councilman Parry said it will cost something to build the office space on the Rio Grande; this could be deducted from the price of the Courthouse Plaza for Wagner park. Commissioner Kinsley moved to approve the joint resolution (~10) as read with the amend- ment to number 2; seconded by Councilman Knecht. All in favor, motion carried. Chapman told the Boards the next issue is how the city acquires Cap's; the choices are condemnation at an estimated cost of $600,000 or the possibility of building 10,000 square feet of space, 4,000 of which would be transfer of Cap's space to another parcel of land owned by the city immediately north of McFarlin. This choice includes building an additional 6,000 square feet of space either with Cap's or on some other site of city owned land. If the condemnation route is chose, the advantage is that Cap's will not be there; the disadvantage is coming up with the money for condemnation, which would require a referendum issue to come up with the money. Chapman said if the city chose condemnatio~ there could be a negative impact on the open space acquisition program. Chapman said the negative aspect of building Cap's on another parcel is the impact on land use. The positive aspect of this land trade is that it would get the city out of aggregating land for the performing arts centers without having to spend anything more. Under either approach, the city will have to have a vote. Councilman Parry said Cap's is a valuable business, run by people who have lived here a long time. The value of $600,000 is probably about half the real value. Councilman Parry said he preferred movin¢ Cap's. Richie Cohen told the Boards that Cap's has been very cooperative in this process They have a valid and good business and are in a place they functions very well; they would like to stay there. Cap's is willing to move to site 6. Councilman Knecht said he preferred the condemnation route. Councilman Collins agreed; moving Cap's to site 6 is not compatible with what the city is trying to establish in the overall area. Giving up the land is giving up open space and giving up a lot of money in terms of what this land is worth. Mayor Pro T~Michael said a private group could build a replacement for the Cap's buildin Mayor Pro Tem Michael said she did not understand robbing the land fund within a month of going to the electorate asking to be allowed to bond for open space acquisitions. This is a trade off decisions. It is arguable there are enough S/C/I uses in that area that adding one more would not be bad. Cohen explained Cap's is on the property now and on the same property is city parking area, which is not open space. By moving Cap's to number 6, a performing arts center could be built on land that is not the city's open space and also build & parking structure, which will extend over the existing park- ing lot, and will provide a plaza to tie in with the courtyard for the jail. This will all be tied in together. Cohen said he believed the final result will be more open space. Continued Meeting Aspen'City Council March 24, 1982 Councilman Collins said the city is being asked to give up one more thing in this case; either funds for condemnation or.give up land. Councilman Collins s.a~d this is compromi- sing the growth management plan if the deal includes 6,000 square feet of additional office space. Mayor Pro Tem Michael said she felt the city was not giving anything up but facilitating for a public use that makes economic and cultural sense for the communityi! Councilman Collins said the voters have to decide whether to trade or what. Chapman reiterated that the,lquestion of condemnation or of trading for Cap's will have to go to the voters. Phoebe Ryerson said she wished the Council would allow the office space to be in the jail building. Mayor Pro Tem Michael said two Council were for the land trade and two on Council were for condemnation. Richie Cohen asked that the election be scheduled as soon as possible so that the Arts West will know which way to go and can start fund raising. Cohen requested that just the question of land trade be on the ballot. City Attorney Taddune submitted an ordinance which sets the date of the special election for June 15, 1982. This ordinance outlined five possible questions to be submitted to the voters. Cohen said he felt this land trade is important enough to be considered alone. This should be put to the voters in a straightforward manner and not have to compete with other questions like selling the Wheeler, selling Castle Ridge, highway through Thomas property. Chapman reminded Council they had voted three to two at Monday night's meeting to have only two questions on this special election ballot; the Charter amendment and Cap's land trade. Mayor Pro Tem Michael said these two issues are the ones farthest along; the other questions cannot be structured to have at the same election. Mayor Pro Tem Michael said she would like an election on the Charter amendment and the resolving Of the Cap's Auto property, whichever way the majority of Council wants to present it to the voters, as soon as practically possible. Councilmembers Knecht, Parry and Collins agreed. Taddune asked Council if they wanted the question regarding the Thomas property on this ballot. Councilmembers Parry, Knecht and Mayor Pro Tem Michael said no. Councilman Collins said if there is time to draft the questions, the Council should take care of whatever questions at one election. Councilman Knecht said he felt there were too many political implications regarding the Thomas property to put this on the same ballot. Councilman Parry moved to read Ordinance ~14, Series of 1982; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~14 (Series of 1982) AN ORDINANCE CONCER. NING QUESTIONS TO BE SUBMITTED TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON TUESDAY, THE 15TH DAY OF JUNE, 1982; DIRECTING THAT A QUESTIONS BE SUBMITTED TO QUALIFIED ELECTORS OF THE CITY OF ASPEN FOR THE PURPOSE OF APPROVING OR REJECTING A PROPOSED AMENDMENT TO SECTION 13.4 OF THE CHARTER, WHICH AMENDMENT WOULD REQUIRE VOTER APPROVAL PRIOR TO THE SALE AND/OR CH~GE IN USE OF PROPERTY OBTAINED FOR OPEN SPACE PURPOSES; RESERVING THE PREROGATIVE TO FURTHER SUBMIT TO A VOTE OF THE QUALIFIED ELECTORS AT SUCH SPECIAL ELECTION OTHER QUESTIONS CONCERNING THE EXCHANGE, SALE OR DISPOSITION OF CERTAIN PROPERTIES OWNED BY THE CITY OF ASPEN AND/OR THE ISSUANCE OF BONDS FOR THE PURPOSE OF FINANCING THE CONSOLIDATION AND ACQUISITION OF A SITE FOR A PERFORMING ARTS CENTER IN ACCORDANCE WITH THE RIO GRANDE MASTER PLAN; SETTING FORTH THE PROPOSED AMENDMENT; PROVIDING FOR THE PRECINCT AND POLLING PLACE; AND SETTING FORTH OTHER DETAILS IN REGARD TO SUCH ELECTION was read by the city clerk Councilman Parry moved to adopt Ordinance #14, Series of 1982, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Parry, aye; Mayor Pro Tem Michael, aye. Motion carried. Councilman Collins moved to adjourn at 6:35 p.m.; seconded by Councilman Knecht. All in favor, motion carried. Kathryn K~ch, City Clerk