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HomeMy WebLinkAboutminutes.council.19870720Speci~-i -Meetirra--_--____ _ -A~-pen City Council .TUI y 20. 1987 Mayor Pro Tem Fallin called the special meeting to order at 5:00 p.m. with Councilmembers Isaac, Fallin, and Gassman present. PitRCBA~E QF ~6L~NE~--~ROPE~2TY Assistant City Manager Mitchell said this is second reading of Ordinance #30, 1987, to purchase the Zoline property. The terms and conditions are $50,000 earnest money, which will be presented after adoption of the ordinance, down payment at closing August 10th of $250,000; interest only for 5 years at 10 percent interest, and principal and interest from the 6th through 15th years. Mitchell told Council with the purchase of 45 acres, the city is also acquiring the water rights with the property. This has been reviewed by the city's water counsel, John Musick, who feels these are good water rights. There are statements in the contract to the worth of these water rights. Mitchell told Council Zoline has signed a petition for annexation on his adjacent property. (Mayor Stirling came into the Council meeting). City Attorney Taddune said he has made all changes to the contract Council requested at the last meeting; Zoline has signed the contract. Taddune said the plat has been referenced as part of the description. Language has been added in the agreement that standard exceptions 1 though 5 of the title commitment will be deleted and the seller will pay for the deletion except for an exception of a discretion along the west boundary, discussed at the last meeting. Taddune pointed out the general taxes up t o closing will be the responsibility of the seller. All hay will be the sellers for the 1987 season and seller will be able to pasture horses on the property. Taddune told Council the remedies for default in the direction of the seller and purchaser are $50,000 liquidated damages. Taddune said the language for the real estate commission requires that the seller to pay all real estate commissions or brokerage charges except those commis- sions or charges incurred by the city. Taddune said he is not aware that the city has incurred any charges. Taddune told Council he has included in the contract a provision giving the city the ability to assign the contract, inserted with the idea that the PCPA may contribute some funds. Councilman Isaac said he would like to add to the ordinance that the city is buying this land for open space and that it will remain as open space until the voters of Aspen change that use. Taddune said he feels the Council is protected by the Charter provision. City Manager Bob Anderson pointed out there have been at least 3 different uses mentioned for this property, all of which might be worth studying; expansion of the golf course, use for horses, or a snow dump. Anderson said the definition of open space may differ between people. Taddune said there is the 1 S~ecia}--ire-e-trnu~- _ - -- _ ---- - Aspen._-City Council ?lr~ v - 0 , 1987 public record, the Charter provision, and the use of sixth penny funds to protect this property. Taddune said the reference to open space can be added, but not knowing the full ramifications Taddune left it out. Councilwoman Fallin said open space means no golf course, no equestrian center but to remain the way it has been purchased. Councilman Isaac said the public will be happier if it is known the Council is buying this for open space, not for building a facility on it. Mayor Stirling opened the public hearing. Doug Allen said he would feel more comfortable if the ordinance contains that this property was bought for open space so it will be clear in future years. Assistant City Manager Mitchell said if open space is mentioned in the ordinance, people will have their own interpretation. If this goes by the Charter, the interpretation is agricultural use, utility easements and very limited uses. Mitchell said there is a use agreement for the 1987 season to allow Zoline to use this for horses. Taddune said Council has made a public record on this purchase. Councilman Gassman said the sixth penny ordinance is vague as to what land can be used for. Bil Dunaway said Council should decide whether they want this flexible or strictly open space. Mary Martin said it should be absolutely clear as to what open space is defined as. Bill Martin said Council should stick with the Charter; this gives the public the right to vote for what they want this property to be. Al Blomquist said on the map there is a 150 foot .separation between this and the city parcel to allow a driveway and Council should attempt to buy this strip so there is not a private road going through a public parcel. Alan Richman, planning director, told Council he cannot conceive that the county would approve access to this parcel off highway 82. Blomquist said this 150 foot strip would be a major blockage to a continuous open space. Richman told Council if Zoline's other parcel is not to be purchased for open space purposes, it is much more effective that this property be reviewed in the county before annexation. The county land use code is much better suited to handle property like this. Mayor Stirling asked how the sector coming across from the highway could be preserved. Joe Zoline said his intentions with respect to the 25 acres may be ascertained by the fact he has already dedicated in perpetuity about half of it to agricultural open space purposes. Zoline told Council he has in mind two dwellings on that 25 acres. Zoline pointed out one of the homesites is right on Stage road. The other is a minimum of 500 feet from highway 82 to the suggested homesite. Zoline told Council almost all the property south of stage road was parti- 2 Sipe-c i-a-1----Me~t~i-rrg-- --___ ___. _._ __ p~-spen __ C- ty Courrc i~. .T t~ 1 y 2.0 . 19 87 tinned by j udicial decree and divided into 45 acres owned by the foundation and 25 acres owned by himself. Mayor Stirling said with the two proposed building envelopes and the conservation easement, the only access to the buildings is off the highway. Zoline showed a 30 foot access easement for the building. Richman said it has been the policy of the state highway department not to grant additional road cuts off the highway. Richman told Council in the subdivision review criteria there is the ability to review that access. Blomquist said it would be better to take the equivalent of A and move it to the other end of the parcel. Zoline said he cannot make this any part of the agreement because of foundation land. Richman pointed out if the property contains any trails listed on the master plan, the county code requires that these be dedicated as part of the subdivision. Mayor Stirling said that strip of ground will not be part of this transaction. Craig Ward said the PCPA and Nordic Council are working on trail plans; this might hurt the sixth penny funds for additional purchases. Ward said he hopes these purchases will not be put under because of the Zoline purchase. Ed Zasacky said the PCPA is a non-profit organization. The offer of $100,000 is one-third their endow- ment, which will inhibit their ability to keep up with their other programs. Zasacky pointed out the PCPA has never asked the Council for funding. Zasacky said the Board voted on the 5100,000 and will provide it to the city as a loan and would like it back after 5 years or sooner with no interest. Zasacky said the PCPA has these funds invested in government securities, and if they hav e to sell these, they would have to sell 5105,000. Zasacky said they would like to be allowed to transfer these funds to Zoline's foundation at 5100,000. Zoline said he would accept this in lieu of 5100,000. Taddune said any short term note s require an ordinance. Councilman Tuite said he would be willing to separate these two issues and not hold up the Zoline purchase. Taddune read to Council recommended changes to the ordinance referring to Section 13.4 of the city Charter. Councilman Isaac moved to amend Ordinance #30, Series of 1987, with the changes as outlined; seconded by Councilwoman Fallin. All in favor, motion carried. Councilman Isaac moved to adopt Ordinance #30, Series of 1987, as amended; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Isaac, yes; Gassman, yes; Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. Mary Sue Kennsington, county extension agent, told Council they have had problems with insurance and the location of the county fair. Ms. Kennsington said they had an emergency board meeting 3 S~ecia~-__-i~e~e~t-i-n-cr----________. _ __ -_ _~~~-n~ City Council ~7v1 v 20. 1987 today about moving to the Rio Grande property. Ms. Kennsington has met with parks director Bill Efting and he is willing to support that request. Mayor Stirling moved to direct the city manager to work with Mary Sue Kennsington to stage the county fair on the Rio Grande property and to report back to Council at the July 27 meeting; seconded by Councilman Tuite. Councilwoman Fallin said she is opposed to this generally but is willing to let the fair be staged at the Rio Grande this year. Ms. Kennsington said the fair is 3 weeks away and their back is against the wall. All in favor, motion carried. Mayor Stirling moved to adjourn the special meeting at 6:10 p.m. seconded by Councilman Tuite. All in favor, motion carried. Kathryn S~' Koch, City Clerk __._ 4