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HomeMy WebLinkAboutminutes.council.19890313Re ular Meetin As en Cit Council March 13 1989 SCHEDULED PUBLIC APPEARANCE - Albert Schweitzer Memorial 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 2 ORDINANCE #2, SERIES OF 1989 - Zoning Block 19 5 ORDINANCE #3, SERIES OF 1989 - Rezoning Mountain House to 5 LP RESOLUTION #10, SERIES OF 1989 - LP Growth Management Alloca- tion 6 ORDINANCE #5, SERIES OF 1989 - Election Precincts 7 RFTA SUPPLEMENT BUDGET APPROPRIATION 7 ORDINANCE #4, SERIES OF 1989 - Ballot Questions 7 REPORT ON 19 8 8 PM 10 DATA 17 ORDINANCE #8, SERIES OF 1989 - Amending Ordinance #59, 1985 19 CAP' S LAND TRADE 19 ORDINANCE #9, SERIES OF 1989 - Adopting 1988 Uniform Fire Code 20 ORDINANCE #10, SERIES OF 1989 - Appropriations 21 REZONING WILLIAMS ANNEXATION 21 ORDINANCE #13, SERIES OF 1989 - Wolftone Lawsuit .~ 22 FUNDING 1989 WATER PROJECTS 24 PARKING STRUCTURE BIDS 25 WHEELER OPERA HOUSE VISITORS CENTER UPDATE 25 BOARDS AND COMMISSIONS 25 26 Regular Meeting Aspen City Council March 13, 1989 Mayor Stirling called the meeting to order at 5:03 with Council- members Isaac, Tuite, Fallin and Gassman present. SCHEDULED PUBLIC APPEARANCE - Albert Schweitzer Memorial Council said they have no objection to placing the memorial in Paepcke Park. Mayor Stirling told Council he contacted Eric Johnson in Redstone who is enthusiastic to work on the pedestal. Mayor Stirling said this may require some coordination from staff. Council suggested someone on the parks department coordinate this Council will address any necessary funds later. CITIZEN PARTICIPATION 1. June Kirkwood requested Council add to the agenda the fluoride issues. Mr. Kirkwood told Council she circulated a petition to have fluoride taken out of the city water but did not get the required number of signatures to put this on the ballot. Ms. Kirkwood told Council this question is so that people can make a choice. Ms. Kirkwood told Council she has learned the employees who handle putting the fluoride in the water system wear protective equipment. Councilman Tuite moved to include this as part of the discussion on Ordinance #4, ballot questions; seconded by Mayor Stirling. All in favor, with the exception of Councilmembers Fallin and Isaac. Motion carried. 2. Kevin Erdman reminded Council Thursday, March 16, is the second annual sports awards banquet to recognize athletes in the valley who have shown community support, sportsmanship and camaraderie. This is at the Hotel Jerome at 6:30. Mayor Stirling suggested Council do a proclamation declaring this Grassroots/athl- etes day. 3. Ebbe Saghatoslami reported to Council that Andre's has completed the liquor servers course given by ASAP. Ebbe said they will have a refresher course before the spring vacations. Ebbe said he would like Councilmembers come to Andre's to see the improvements that have been made; they have beefed up the security, have confiscated ids and are cooperating with the police depart- ment. Ebbe said he would like the police department to emphasize prosecuting children using false ids. Ebbe said he would be willing to donate money towards this. Ebbe told Council he suffered a lot financially over this incident. Ebbe requested Council consider the suspension be off the record. Fred Gannett, city attorney's office, told Council they do not have the ability to rescind their prior action. This decision was capable of being appealed. Gannett said Ebbe can take steps to seal the record. 1 Regular Meeting Aspen City Council March 13, 1989 Gannett told Council he would be willing to see if this is possible for a liquor license authority decision. 4. Si Coleman asked if the city has a consistent policy on parking signs. Coleman said in the last few months, the "No Parking Here to Corner" signs have proliferated. Coleman said this is a safety issue at many intersections; however at the southwest corner of Cooper and Hunter, there are 3 or 4 spaces being eliminated. Coleman asked why any additional spaces are being eliminated when the need for parking is so great. City Manager Bob Anderson said Council discussed this recently in the context of people getting tickets without any signs. John Goodwin, chief of police, told Council the Model Traffic Code provides for a setback of 20 feet and the city installed signs at the most dangerous intersections. Fred Gannett, city attorney's off ice, said this issue also came up before the Municipal Judge, who is responsible for interpreting city statutes and their enforcement. Gannett said people were receiving tickets and complaining that the notice was inadequate. Staff was directed to address the issue of corners where there was inadequate notice and to rectify this. Anderson said he will have someone check the intersection of Cooper and Hunter. 5. Jon Busch suggested the Council may want to modify some aspects of the Model Traffic Code, which is probably written for towns with larger and longer blocks. COUNCILMEMBER COMMENTS 1. Councilman Gassman said he has comments about the streets and the city manager's memo but will reserve them until the discussion on PM 10 data reports. 2. Councilman Gassman said he has had second thoughts on Council's action on the employee guidelines and that city employees cannot have a drink at lunch. Councilman Gassman said he does not approve of people having drinks at lunch; however, he has a hard time telling employees what to do with their life or how to conduct themselves. Councilmembers Isaac and Tuite said they are in favor of reconsidering the decision. Councilman Gassman moved to put this on the March 27 agenda; seconded by Councilman Isaac. All in favor, with the exception of Councilwoman Fallin and Mayor Stirling. Motion carried. 3. Councilwoman Fallin brought up an proposed ordinance to require liquor licensees and their employees to complete the liquor servers training course to apply for a new license or to have their license renewed. Councilwoman Fallin requested this be on the next agenda. 2 Re ular Meetin As en Cit Council March 13 1989 4. Councilman Isaac presented an updated version of the handicap access for the community. Councilman Isaac said he appreciates Council's support in this project. Councilman Isaac said there have been some positive changes in the community, like the curb cuts. Councilman Isaac said the number of lodge units that are accessible is inadequate. Councilman Isaac said transportation is also a problem and he has been working with RFTA to try and improve this. 5. Mayor Stirling said with the spring thaw, everyday there is more trash in the snowbanks. Mayor Stirling appealed to citizens to be vigilant and aware of this. 6. Mayor Stirling congratulated Curt Chase, recently elected to the Colorado Ski Museum Ski Hall of Fame. 7. Mayor Stirling announced he will not seek re-election. Mayor Stirling said he has served for 6 years and it has been an honor. Mayor Stirling said he has enjoyed serving as Mayor. Mayor Stirling thanked the people who supported his efforts and his critics for helping him to improve his performance as mayor. Mayor Stirling said he has worked as hard as he could for achieving long term solutions to the challenges. Mayor Stirling said his major goals have been preserving the Victorian architecture, new develop- ment should be kept in scale, more limits on growth, retaining the diverse local population, clean up the air and preserve the environment, a public transportation system that works, supporting the arts which bring year round cultural life to Aspen. Mayor Stirling said he has worked to keep the government in touch with the people. 8. City Manager Bob Anderson reminded Council there is a study session at noon March 14th with the County Commissioners. Anderson said the Commissioners would like Council to look at the entrance to Aspen as a potential ballot issue. There will be an EPA presentation at 4 p.m. Fred Gannett, city attorney's office, told Council he received a letter from the EPA asked Council go into executive session regarding the remedial issue. The EPA wishes to discuss their draft proposals regarding legislation and consent decrees. The EPA is proposing information they consider to be confidential in the context of litigation. Mayor Stirling said he has no interest going into executive session based on what he has heard. Mayor Stirling moved to continue with a work session with the EPA March 14 at 4 p.m. that is open to the public; seconded by Councilman Gassman. All in favor, motion carried. 3 Reaular Meeting Aspen City Council March 13. 1989 9. City Manager Bob Anderson told Council the snow melter has been working for the last couple of days. Anderson said staff is hopeful they can get the snow melter to work and iron the problems out. Anderson told Council he has talked to someone who uses the Trecan machines at Logan airport, and he is convinced the machines will work. 10. City Manager Bob Anderson told Council he has discussed with the engineering department and police department that no more sand be spread this year. Anderson said the police department will have to deal with the number of accidents that would occur as a result of this. Anderson said it may be the city has reached the end of technology as to how well they can get the sand up of f the streets . Councilman Gassman and Mayor Stirling said they would support this. Councilman Isaac said spring snows are often the wettest and very slick, and the city should continue to sand the streets on an as- needed basis. Councilwoman Fallin suggested that the sanding could be done only at critical intersections. Mayor Stirling moved to support the manager's suggestion and that it have the flexibility of some of the suggestions observed by Council and try to put as little sand on the streets as possible; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Isaac. Motion carried. Buddy Lucero, planning office, requested that action item (k) Mountain View PUD Referral be moved to the consent agenda. Lucero said this has been presented previously. Councilwoman Fallin moved to put the Mountain View PUD referral on the consent calendar; seconded by Councilman Isaac. All in favor, motion carried. Councilwoman Fallin corrected the minutes of February 28, 1989, page 2, should be "properly" rather than "property" and Council- woman Fallin said she does "not" see a conflict. Councilwoman Fallin moved to adopt the consent calendar as amended and corrected; seconded by Councilman Tuite. The consent calendar is A. Police Department Operating Procedures - Interagency Cooperation B. Minutes - February 27, 28, 1989 C. Shadow Mountain Trail Analysis - Engineer Selection D. St. Patrick's Day Parade E. Mountain View PUD Referral Mayor Stirling asked when the Shadow Mountain Trail analysis will complete. Deputy City Manager Ron Mitchell said this should not be more than a 3 or 4 week process. 4 Regular Meeting Aspen City Council March 13, 1989 All in favor, motion carried. ORDINANCE #2, SERIES OF 1989 - Zoning Block 19 Mayor Stirling opened the public hearing. Cindy Houben, planning office, reminded Council this is on the west end of Hopkins street. This zoning has been to P & Z and the suggested zoning is R-6. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance ##2, Series of 1989, on second reading; seconded by Councilman Tuite. Fred Gannett, city attorney's office, told Council he has been contacted by Hans Gramiger, the property owner whether this rezoning would include portions of block 19 that are already in the city limits. Gannett said the only area eligible for rezoning as a consequence of annexation is that portion outside the city. Roll call vote; Councilmembers Isaac, yes; Gassman, yes; Fallin, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #3, SERIES OF 1989 - Rezoning Mountain House to LP Councilman Tuite stated he previously stepped down on anything to do with the Mountain House; however, he no longer has an associa- tions with one of the owners. Councilman Tuite requested he be allowed to participate in the discussion. Council said they have no problem with this. Cindy Houben, planning office, told Council in order to make a development proposal work, the applicants are requesting 2.5 lots adjacent to the existing Mountain House be rezoned to lodge preservation (LP). There is a proposal to add 12 additional lodge rooms on that site. Ms. Houben said there is an existing single family dwelling on the adjacent site. One of the conditions of approval was to make sure the house was moved and not demolished. Ms. Houben said there has been a lot of effort to make sure the house is preserved. John Werning, applicant, told Council a number of people have responded to the articles in the newspapers. Werning said they are hoping a suitable place for this house can be found. Werning said he is not sure the house can withstand the move. Werning said this house is being offered at no cost. Mayor Stirling said the Mountain House represents the tradition of having lodges in mixed neighborhoods and this is a way of retaining that character. Mayor Stirling opened the public hearing. 5 Regular Meetinq Aspen City Council March 13, 1989 Welton Anderson, representing the applicant, showed Council the proposal for the expansion. Ms. Houben told Council the applicants have done a good job of addressing the concerns that came up at the P & Z. The original proposal had a restaurant and no one in the neighborhood wanted to see a restaurant. The applicants reduced the number of rooms in order to accommodate parking on site for the additional development. Anderson said the existing property is 4500 square feet with 11 lodge rooms. There is a 7500 square foot being added with 12 new rooms. There will be 23 lodge room on 12,000 square feet. Anderson told Council the design approach was to avoid the U-shape and design an H-shape plan with a courtyard open to Hopkins street. This visually breaks the building up in two. Anderson told Council the open space is more than is required, the FAR is less than allowed, the height is less than allowed. Anderson said they increased the side yard setback 5 feet in order to address the concerns of the neighborhood. Councilman Gassman brought up the requirement for a sidewalk and said he does not feel it is necessary. Mayor Stirling said there are some sidewalks in this neighborhood. Werning said as the neighborhood f finishes the development, he would install the sidewalk. Mayor Stirling said this would complete the block on Hopkins street. This is a different situation than in the west end. Jon Busch said he would support including sidewalks. Busch said if the city is trying to get people out of their automobiles, they have to do everything possible to encourage people to walk. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #3, Series of 1989, on second reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Tuite, yes; Isaac, yes; Gassman, yes; Mayor Stirling, yes. RESOLUTION #10, SERIES OF 1989 - LP Growth Management Allocation Councilwoman Fallin moved to approve Resolution #10, Series of 1989; seconded by Councilman Gassman. Ms. Houben told Council this was the only applicant in the LP zone district. All in favor, motion carried. Councilman Tuite moved to exempt the four on-site employee units from the growth management quota system; seconded by Councilwoman Fallin. All in favor, motion carried. 6 Regular Meeting Aspen City Council March 13. 1989 ORDINANCE #5. SERIES OF 1989 - Election Precincts Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #5, Series of 1989; seconded by Councilman Tuite. City Clerk Kathryn Koch told Council there will be 5 precincts plus any areas annexed by the election. There will be 3 polling places. Ms. Koch told Council she is working with the school board to combine polling places or combine the ballot so that city voters will only have to vote in one place. Roll call vote; Councilmembers Isaac, yes; Tuite, yes; Gassman, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. RFTA SUPPLEMENT BUDGET APPROPRIATION Bruce Abel, RFTA general manager, told Council these are the vehicles that were ordered last year. They are smaller buses. The monies for these buses were appropriated in 1988; the payments are coming out of the 1989 budget. This is a bookkeeping adjustment. The buses will be delivered the end of March. Abel told Council the 5 flex buses will be replaced. These generally operate on the city routes. Abel said originally these were to be sold; however, they will be kept in the fleet in order to react to increases in ridership. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to approve RFTA resolution 89-1; seconded by Councilman Tuite. All in favor, motion carried. Mayor Stirling said he noticed that the buses at Rubey park have been idling longer than the city ordinance allows. Abel said RFTA's policy is to idle 15 minutes in the winter and 5 minutes in the summer. Councilman Tuite suggested RFTA be more flexible about the idling time as the weather warms up. Council supported this. Mayor Stirling reminded Council the Boards and Commissions dinner is scheduled for Thursday, April 6 at 6:30 p.m. at Milan's and the fire department dinner is Friday, April 14 at the Chart House. ORDINANCE #4, SERIES OF 1989 - Ballot Questions The first question is a proposed Charter amendment to limit the terms of Council to not more than 2 consecutive four-year terms. 7 Reaular__Meeting Aspen City Council March 13, 1989 Council, with the exception of Councilman Gassman and Mayor Stirling are in favor of putting this on the ballot Question number 2 is the issuance of a general obligation bond not to exceed $3, 600, 000 for the purposes of renovation of the Red Roof Inns. Fred Gannett, city attorney's office, told Council there are some changes in the question as a result of advice of the city's bond counsel. Gannett said the bond counsel wants the issue of the $1,000,000 addressed in a distinct fashion. The question will state that the city is going to lease the Red Roof to the housing authority for $1,000,000 that the $1,000,000 will go into the land fund. The bond counsel feels it advisable to say that those funds will be used for municipal purposes. Gannett told Council bond counsel's concern is that in order to get public bonding, a project has to constitute a public project. The qualifications for a public project become more suspect if there is monies identified for a second purpose. Councilman Gassman said the question says there will be no more than 100 additional rooms and accessory facilities. Councilman Gassman said the question ought to be more clear on what the accessory facilities are. Gannett said this language is directly from the ballot question from the August 8th election. Councilman Gassman said before the voters are asked for money, they ought to have a better idea what it is going to be used. City Manager Bob Anderson urged Council not to have a vote that is too inclusive. Anderson said the design is not final and probably will not be before the election. Mayor Stirling suggested adding "to include ... but not limited" and name some of the possible accessory facilities. Council was unanimously for putting this question on the ballot. Gannett told Council question #3 is a rehash of the question on the August 8 ballot regarding employee housing on the Marolt property. Gannett told Council he has drafted two questions. The f first is a broad approach which would allow for the use of any portions of the Thomas/Marolt property to be used. The second question defines the lot which existed on the 1981 plat and which portions would be used. Gannett told Council he met with the M.A.A. about their projects . Gannett said he could use a metes and bounds description for a specific area that the M.A.A. anticipates using. Gannett said he would like direction from Council on whether they want this question on the ballot, and if they do whether they want it defined very generally, identified by existing lots within the Marolt parcel or a metes and bounds description. Gannett told Council the judge has dismissed the PCPA lawsuit purely on a technicality. Gannett said PCPA may move to appeal. Gannett said the dismissal does not address any of the substantive issues in the lawsuit. Gannett said if PCPA does chose to appeal, 8 Regular Meetinct Aspen City Council March 13, 1989 they cannot raise the issue of whether or not the ballot question was defective; the can raise the issue of whether the underlying zoning of the Marolt property allows any development. Gannett told Council the 1981 Marolt plat divides the property into 12 zones, 6 free market, 6 open space. Gannett said the PCPA is alleging those areas designated open space and those areas purchased with open space funds are prohibited from development. Gannett said if Council's goal is to allow development on Marolt, the easiest thing to do is take to the vote of a public the question to allow development on lot 2 of the Marolt property. Lots 2 and 5 were set aside on the 1981 Marolt plat for development of free market and deed restricted units. Gannett said the M.A.A. prefers to develop in a different area. Gannett recommended that Council go to a vote, structure the question to define metes and bounds. Gannett told Council he has recommended to PCPA and the M.A.A. that they see if they can come up with an agreement between now and the next regular Council meeting. Al Blomquist told Council lot 1 on the Marolt plat was approved by the PCPA board for consideration if a settlement were to take place. Blomquist said lot 1 was specified as employee housing in the Marolt plan. Blomquist said the problem with the metes and bounds description is that the city will run into the same legal problem with respect to the plat and the dedication of the open space. Gannett told Council the parcel referred to is 4.35 acres, which is insufficient for the M.A.A. 's proposal. Much of that 4.35 acres is not capable of being developed. Gannett said he will substitute a metes and bounds survey on the question and delete references to any lots. All of Council with the exception of Councilman Gassman are in favor of putting this on the ballot. Gannett said question #4 is the authority for Council to adopt by ordinance a graduated real estate transfer tax. Gannett said the ordinance needs some amending regarding the amount of the tax and the length of the tax. Gannett said staff's study indicates a cap of 5 percent on a declining balance would generate about $3, 000, 000 annually. Gannett recommended a cap of 1.5 to 2.5 percent on a declining balance. Mayor Stirling said the reason 20 years for the length of the tax was proposed was for bonding reasons. Mayor Stirling said the city may not ever bond off this tax. Mayor Stirling said if the county is going to propose a single mill property tax, that will raise $465, 000 annually. Mayor Stirling said if the city goes with a 2 .5 percent cap declining balance for 10 years, this would generate about $1,500,000 annually. Mayor Stirling said the Council needs to determine what the goal is, what kind of housing is needed and 9 Regular Meeting Aspen City Council March 13, 1989 where it is going to be. Mayor Stirling said he has not supported any new taxes; however this is an unusual situation. Mayor Stirling said the city does not need to create a windfall fund. Mayor Stirling said he does not feel anyone should be exempt from paying this tax, including people who own deed restricted housing. Mayor Stirling said everyone should be contributing. Mayor Stirling said if this is to be an anti-speculative tax, the tax should be on the grantor. Mayor Stirling said this needs to be discussed. Gannett told Council there are about 200 deed restricted properties within the city and county, and they all have different resale agreements. Gannett said this may be a mechanism to get these all consolidated into one agreement and to avoid having to pay a real estate transfer tax. Councilman Tuite said he has always seen this as an anti-specula- tion tax, not a graduated real estate transfer tax and that is why he objected to the proposed life of 20 years. Councilman Tuite said somewhere speculation ends and people have bought into the community. Councilman Tuite said there are restrictions on the affordable housing right now with a cap of 6 percent. Putting a 2 percent tax on these would structure the employees ability to sell that unit. Councilman Tuite said he does not consider employee housing as a speculative market. Councilman Isaac said if this is an anti-speculative tax, he is not sure 2.5 percent is enough to keep people from speculating. Councilman Isaac said 5 percent would not be onerous. Councilman Isaac questioned whether the city is trying to keep people from speculating or is trying to raise money. Councilman Tuite said if the tax is too restrictive, this may hurt the city and have people only building outside the city limits, which will still impact city services . Councilman Isaac said if the tax is raised to 5 percent, one of the allowable uses for the money could be to repay the land fund for money that has been spent on open space and then used as employee housing. Mayor Stirling said he feels the city should move to purchase every parcel that could potentially develop affordable housing. Councilman Gassman said he feels the tax should be fairly short term. Councilman Gassman said he likes the idea of paying back for some of the open space that has been used. Councilman Gassman said it would not make that much difference whether the tax is 2.5 or 5 percent. Councilman Gassman said he does not feel this tax will slow down speculation. Mayor Stirling asked what Council is trying to accomplish with this tax; house all the employees, or house the short fall. Mayor Stirling said Council needs guidelines in order to seek the amount of money makes sense. City Manager Bob Anderson said part of the policy issue is what share the Council wants to 10 Regular Meeting Aspen City Council March 13, 1989 come out of the city funds versus an area-wide fund. Anderson said there are a lot of other city needs, like upgrading existing facilities, the Wheeler debt. Councilwoman Fallin asked about the mechanics of spending this fund. Deputy City Manager Ron Mitchell said Council would approve the expenditure of these funds for each project. Councilwoman Fallin said the voters will want to know how the money is to e allocated and to whom. Councilwoman Fallin said she can see some benefit in repaying the land fund, and this should be addressed in the ballot question. Councilman Tuite moved that the cap be 2 percent; seconded by Mayor Stirling. Councilman Tuite and Mayor Stirling in favor; Council- members Isaac, Fallin and Gassman opposed. Motion NOT carried. Councilman Isaac moved that the cap be 5 percent. Motion DIES for lack of a second. Councilwoman Fallin moved for a cap of 2.5 percent; seconded by Mayor Stirling. Alan Blomquist said once Council notices this ordinance with a set cap, they cannot amend it up but they can amend below on second reading. Gannett agreed the Council can amend downward but not upward. Councilwoman Fallin withdrew her motion. Councilman Gassman moved for a cap of 5 percent; seconded by Councilman Isaac. Councilman Tuite said he feels 5 percent is too high. Councilman Gassman said he would like this to go to a public hearing and leave the options open until then to see what the comments are. Councilmembers Fallin, Gassman and Isaac in favor; Councilman Tuite and Mayor Stirling opposed. Motion carried. Councilman Gassman moved to have this a 10 year tax; seconded by Councilman Isaac. Councilman Tuite said he feels 10 years is too long and rather see if 4 or 5 years to see how it works. It can be evaluated after that. All in favor, motion carried. 11 Regular Me_etina Aspen City Council March 13, 1989 Council approved generally of the graduated declining approach. Councilman Gassman said the declining tax will depend on how much the tax is. Mayor Stirling moved to eliminate the exemption for the f first $100,000; seconded by Councilman Isaac. Blomquist said this would help sales of deed restricted units. This would eliminate other exemptions if there is just a flat $100,000. Councilwoman Fallin suggested keeping this exemption in until the public hearing. Councilman Isaac in favor; everyone else opposed. Motion NOT carried. Gannett told Council staff feels all the exemptions in this and in the existing real estate transfer tax should all be re-examined. Anderson suggested these should be eliminated and can be added at the public hearing to be consistent with the above policy. Councilman Gassman moved to eliminate both (o) and (p) exemptions; seconded by Councilwoman Fallin. All in favor, motion carried. All of Council was in favor of putting question #4 on the ballot. Councilman Isaac moved the real estate transfer tax proceeds could repay sixth penny land fund for land purchased for open space but used for employee housing; seconded by Councilman Gassman. All in favor, motion carried. Question 5 is a long term lease to the historical society for the Marolt barn. Bil Dunaway suggested that the question contain to whom the building is being leased. Councilwoman Fallin questioned the 1.9 acres for this lease, and said she does not see the necessity of having this much land. Councilwoman Fallin said she would like it more clear what it is meant by "restoring the buildings". Councilman Isaac moved to include question 5 as amended on the ballot; seconded by Councilman Tuite. Councilman Gassman said he has misgivings about this. If the city keeps exercising their stewardship of the Thomas/Marolt property the way they are contemplating, the open space will be gone. Councilman Gassman said he is finding it difficult to support the museum. Mayor Stirling said this is a great idea but may not be in the right place. Mayor Stirling said it is the city's respon- sibility to upgrade and maintain all the buildings on public lands. 12 Regular Meeting Aspen City Council March 13, 1989 Rick Newton, historical society, said this building was built 100 years ago as part of a major mining project and is all that remains of that project. The hopes of the historical society are to preserve this. Newton said in order to preserve this, a tremendous amount of money will have to be put into restoring it. Newton said they feel the building should be used as well as restored. Newton said the historical society has spent a lot of time and effort to design this and to do it in such a way that the visual impact is almost non-existent. Graeme Means said this proposal increases the accessibility to the open space and to the building. The bike and ski path go right through the middle of the property. Means said a benefit to the city is that there has been a ranching heritage in this valley, which has been ignored. Means said the historical society feels this can be a stimulus to bring the equipment and ranching knowledge together and save the heritage. Means said this proposal is not taking away any space and is increasing the access to open space. Mayor Stirling moved to include question #5 as amended in the public hearing and table consideration of the lease until after the public hearing March 27; seconded by Councilwoman Fallin. Councilman Isaac said he is concerned about the amount of land included in the lease. All in favor, motion carried. Councilman Gassman asked if the historical society ever considered just leasing the building without any land. Carl Bergman, historical society, said that does not seem practical. The building and grounds should be landscaped. Bergman said there are a number of terraces and banks around the building that are useless. Newton said the historical society is willing to work with the city on the size of the parcel. Newton said behind the building is a corral which should be included and fixed up. Question #6 is asking for authority to construct a city hall annex immediately east of city hall not to exceed 10,000 square feet. Councilman Gassman said he feels the ballot question has to include where the money is coming from. Councilman Gassman said if the money is coming from the lease of the Red Roof, he is not in favor of this proposal. Mayor Stirling agreed. Mayor Stirling said the purpose of the land fund is to restore buildings. Councilman Gassman said the city bought the golf course to prevent its development and got the motel because it came with it. Councilman Gassman said for the city to profit from this motel and turn around and fill up more open space is contrary to the reason the city got into the open space. Councilman Gassman said he would be in favor of an addition to city hall but the money from the Red Roof should 13 Reaular Meeting Aspen City Council March 13, 1989 go back into the land fund. The addition should be financed in some other way. Councilman Tuite agreed and said he thought the land fund would preserve the existing city hall. Councilman Tuite said the building of the annex is not going to come from the land fund, and the county needs to be involved in the annex. Mayor Stirling said the question should give the voter more of a sense of what the city is trying to do. Anderson said the $1,000,000 from the Red roof was always thought of going into the existing city hall. Councilwoman Fallin moved to include this question in the ballot ordinance with amendments; seconded by Councilman Gassman. Gannett suggested language, "Shall the city be authorized to negotiate with Pitkin County to construct a city/county annex building immediately east of the present city hall for joint city/county office space. Said annex not to exceed 10,000 square feet and said cost to be derived from sources other than the land fund". Mayor Stirling suggested that the people need to know the style of architecture, that it will be compatible. All in favor, with the exception of Mayor Stirling. Motion carried. A new proposed question #7 will address the fluoridation of city water. Gannett said the initiated ordinance failed for lack of signatures. Gannett said if the Council wishes to put a question on the ballot, they are not bound by the petition language. Mayor Stirling moved to add a new ballot question #7 which gives the voters the choice of whether additional fluoride should be added to the water; seconded by Councilman Tuite. June Kirkwood read a letter from Jon Busch supporting this question going to the electorate. Ms. Kirkwood said people should have a choice of saying whether they want fluoride in their water. Rob Krakovitz said there have been pros and cons on the issue of fluoride for 40 years. Krakovitz said the issue is whether people have a right to decide if they are going to be medicated or not. The purpose of adding fluoride to the water is medicating people and preventing cavities. Fluoride only prevents cavities in children. Krakovitz is asking the Council to let people decide whether they want fluoride. Terry Hale said fluoride is not a medication, it is a mineral and a nutrient. Hale said fluoride is present in all parts of the earth. Hale told Council the Supreme Court has held on 12 separate occasions this is not a constitutional issue; that fluoridation of the public water supply is not mass medication and is a nutrient. 14 Regular Meeting Aspen City Council March 13, 1989 Hale said the anti-fluoridation people have failed to generate significant interest to get the required number of signatures to have this put on the ballot. Hale said the referendum petition was created in order to avoid wasting taxpayers time and money on issues of little or no public interest. Hale said the public had several months to sign these petitions, and they did not sign them. Hale said the dentists of Aspen have fluoride information they will mail to the voters of the city. Hale said fluoridation has been researched extensively over the last 50 years. Hale said there is no medical research that gives any credibility to an anti-fluorida- tion position. Hale said people who oppose fluoridation disagree with the American Heart Association, the American Cancer Associa- tion, and the American Dental Association. Hale said there was a referendum, and it failed and it would irresponsible of the Council to waste taxpayers time and money by putting this on the ballot. Krakovitz told Council the fluoride that occurs naturally is calcium fluoride. The fluoride that is added is sodium fluoride. Krakovitz said this is not a waste of money because Council is already having an election. Krakovitz said most of the major developed countries in the world do not add fluoride to their water systems. Krakovitz said people have not had a chance to vote on this issue. Councilman Isaac said he does not feel this needs to go to a vote. The people that need it the most are not allowed to vote. Councilman Gassman said he feels this issue has reached the point where there is enough interest on both sides, that if the city doesn't let people choose this issue will keep coming up. Councilman Tuite agreed this should be put to a vote. All in favor, with the exception of Councilman Isaac. Motion carried. Mayor Stirling moved to instruct the city attorney to bring language forward for the ballot on the entrance to town. Gannett gave Council copies of the question that went to the voter in 1986 having to do with the two choices for the entrance to town. Mayor Stirling moved to add questions number 8 and 9 regarding the entrance to town to the first reading of this ordinance; seconded by Councilwoman Fallin. Councilman Isaac asked if this is timely because the EIS has not come out yet. There hasn't been any discussion in the community recently about this issue. Tom Baker, planning office, told Council the EIS may not be out until May at the earliest. Councilman Gassman said he feels this question is premature. Councilwoman Fallin and Mayor Stirling agreed. Anderson suggested 15 Regular Meeting Aspen City Council March 13, 1989 putting this question on the ballot for first reading and hear what the Commissioners have to say about it at the study session. Mayor Stirling agreed to put this on the ballot for first reading. All in favor, motion carried. Councilwoman Fallin moved to read Ordinance #4, Series of 1989; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ## 4 (Series of 1989) AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A GENERAL MUNICIPAL ELECTION TO BE HELD MAY 2, 1989, QUESTIONS CONCERNING A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ASPEN LIMITING THE TERMS OF COUNCILPERSONS, AUTHORITY TO ISSUE GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED THREE MILLION SIX HUNDRED THOUSAND DOLLARS ($3,600,000) FOR THE EXPANSION IMPROVEMENT OF THAT CITY- OWNED PROPERTY FORMERLY KNOWN AS "THE RED ROOF INN", USE OF THE CITY-OWNED MAROLT/THOMAS PROPERTY FOR EMPLOYEE HOUSING/MAA PURPOSES, AUTHORIZATION TO IMPOSE A GRADUATED REAL ESTATE TRANSFER TAX, THE AUTHORITY TO ENTER INTO A LONG-TERM LEASE, NOT TO EXCEED 75 YEARS, FOR 1.9 ACRES ON THE PROPERTY COMMONLY KNOWN AS THE "MAROLT PROPERTY" INCLUDING THE MAROLT BAR AND OUTBUILDING, AUTHORITY TO CONSTRUCT A CITY HALL ANNEX, NOT TO EXCEED TEN THOUSAND (10,000) SQUARE FEET, IMMEDIATELY EAST OF CITY HALL, FLUORIDATION OF CITY WATER, AND AUTHORITY TO NEGOTIATE FOR FOUR-CANING ACCESS ON STATE HIGHWAY 82 INTO THE CITY OF ASPEN was read by the city clerk Councilman Isaac moved to adopt Ordinance #4, series of 1989, as amended on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Gassman, yes; Fallin, yes; Isaac, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling moved to read Ordinance #14, Series of 1989; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #14 (Series of 1989) AN ORDINANCE IMPOSING A GRADUATED REAL ESTATE TRANSFER TAX UPON THE TRANSFER OF INTEREST IN ALL REAL PROPERTY AND PAYABLE BY THE GRANTEE; REQUIRING THE COLLECTION OF SUCH TAX BY THE DIRECTOR OF FINANCE OR HER AGENTS; EXEMPTING CERTAIN TRANSACTIONS FROM THE TAX IMPOSED AND ESTABLISHING PROCEDURES OF ACQUIRING A CERTIFICATE OF 16 Regular Meetinq Aspen City Council March 13, 1989 EXEMPTION; PROVIDING FOR THE APPLICATION OF FUNDS TO LIMITED USES; ESTABLISHING PENALTIES AND VIOLATIONS OF THIS ORDINANCE AND FOR THE CREATION OF A LIEN ON THE PROPERTY TRANSFERRED FOR THE AMOUNT OF THE TAX UNPAID; AND FOR MAKING THIS ORDINANCE EFFECTIVE ON JULY 1, 1989, UPON APPROVAL OF THE SAME BY THE ELECTORATE was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #14, Series of 1989, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Fallin, yes; Isaac, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. REPORT ON 1988 PM 10 DATA Lee Cassin, environmental health department, told Council the state health department has done an estimate of the sources of pollution in Aspen, and estimated that 57 percent of the PM 10 on a worst case comes from wood burning and 36 percent from sanding. The state used a computer model based on Aspen' s total particulate data to estimate the PM 10 levels. The state counted the actual number of f fireplaces, used the surveys to f find out how much wood people burned, asked restaurants how many pounds of hamburger they cook, took traffic counts and compiled all this. Ms. Cassin said this data does not address the estimate. Ms. Cassin told Council in 1988, Aspen exceeded the PM 10 health standards 3 times . Ms . Cassin said a town is allowed to exceed the standard 3 times in 3 years. Ms. Cassin said because of the way the EPA works, Aspen might get one of these for free. Ms. Cassin said the city can exceed the PM 10 standards do solely to the way sand is cleaned off the streets. Ms. Cassin said the sand itself does not cause the exceedance but when the city aggressively tried to get this up, they exceeded the standards. Ms. Cassin said there may not be a way to clean the streets without making the problem worse. Ms. Cassin told Council staff is experimenting with different ways to clean the streets. Ms. Cassin said staff tried to determine what factors PM 10 levels might correlate with, temperature, snowfall, sewage flows, morning and afternoon weather. Ms . Cassin said the correlations with weather were so much stronger than any other correlations that they masked correlations that may exist with other factors. Ms. Cassin told Council 1987 was the cleanest in the state in measuring pollution. 1988 may be equally clean, which indicates that weather may have had some role in the low levels of pollution. Ms. Cassin said this also means nothing can be said for or against the impacts of the voluntary program. Ms. Cassia said the 3 exceedances Aspen had were the only 3 reported in the state. 17 Regular Meeting Aspen City Council March 13, 1.989 Ms. Cassin told Council because the percentages of PM 10 sources was based on several assumptions, the Council and Commissioners decided to hold off on the most controversial part of the local implementation plan until data is received from this study done this winter. The study is a chemical fingerprint of PM 10 from woodburning, restaurant grills and sanding. Ms. Cassin said it is good news that Aspen has had low levels of pollution in 1988, but it is bad news for the study in trying to find out what the sources are of high PM 10 readings. Ms. Cassin recommended requesting that the state do another study next winter. Ms. Cassin said even if the study is done another winter, the level of certainty may not be significantly greater. Ms. Cassin said the recommendations are another winter of the chemical study, that the city keeps trying to find better ways clean the streets, keep using the asphalt coated sand. Ms. Cassin told Council the city is going to get a real time PM 10 monitor to see whether they may be able to predict a high pollution episode. Ms. Cassin recommended the city look at an incentive program to encourage people to upgrade their stoves or to use gas logs in their fireplaces. Ms. Cassin said Council may not want to go to 100 percent conversion in 3 years but may want significant numbers of upgrade. Council should look at different methods of incentives for this upgrade. Ms. Cassin said the last two recommendations are to continue a no burn program and to continue the professional- /public information program. Mayor Stirling moved to direct steps and any other measures the by Councilwoman Fallin. staff to proceed with the above city might come up with; seconded Councilwoman Fallin said car emissions are not part of PM 10 but they do add to the overall cloud. Councilwoman Fallin asked about having car emission testing. Ms. Cassin said this is a possibility and the Clean Air Board has been interested in this. Car emissions have a very big effect on carbon monoxide emissions. Si Coleman said there may be practical problems with this due to the lack of gas stations in town. Mayor Stirling said he would accept that and have the staff look into this. Councilman Tuite said if the city is going to look at a no burn program, he would like the discussion before the reservations for the winter season. Councilman Tuite said he would like a strong program to get rid of the dirty burners. Councilman Isaac said he feels the air this year has been visibly better than in past years. Councilman Gassman said the air has been better because of the weather. Councilman Gassman said he is convinced the only recommendation the city needs to follow is to work on the street cleaning methods. Councilman Gassman said if the city is going to put sand on the streets, they have to pick it 18 Regular Meeting Aspen City Council March 13, 1989 up. City Manager Bob Anderson agreed the major problem seems to be sanding and the removal of sand. Anderson said he does not know any way to do more than the city is doing. Anderson said staff looked at every piece of sand removal equipment available. The city has more manpower working on this than ever before. Council- man Tuite asked if the city can buy another year on the local implementation plan because the data is not firm. Ms. Cassin said the state submitted its final copy of the LIP and they left out all the conditions about getting more data before committing to steps. Ms. Cassin urged Council to write a letter stating the city cannot proceed with their LIP without getting another winter's worth of data. Council agreed with that. All in favor, with the exception of Councilman Gassman. Motion carried. ORDINANCE #8, SERIES OF 1989 - Amending Ordinance #59, 1985 Councilwoman Fallin moved to read Ordinance #8, Series of 1989; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE ## 8 (Series of 1989) AN ORDINANCE AMENDING ORDINANCE NO. 59, SERIES OF 198, OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, CLARIFYING THE CLEAN AIR ADVISORY BOARD'S ROLE IN GRANTING VARIANCES TO THE CITY CLEAN INDOOR AIR ACT was read by the city clerk Councilman Tuite moved to adopt Ordinance #8, Series of 1989, on first reading; seconded by Councilman Isaac. Bil Dunaway asked why Council would consider a 30 foot from the bar exemption. Si Coleman, CAB, said this amendment is not an attempt to increase the area for smoking. The purpose of it is to correct the ordinance to allow the decision to extend a staff decision and have the decision subject to review of the Clean Air Board. Lee Cassin, environmental health department, said this used to be 15 feet and is not sure why this change is in the ordinance. Council requested clarification of this for the second reading. Ms. Cassin told Council staff discussed no smoking signs with the Clean Air Board. It is their recommendations to allow tent cards but not an alternative of only menu signs. Roll call vote; Councilmembers Fallin, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. CAP'S LAND TRADE 19 Regular Meeting Aspen City Council March 13, 1989_ Deputy City Manager Ron Mitchell told Council the net increase to Cap's will be 1700 square feet The easements are to allow access to their property. The documents will indicate the city's first right of refusal on the property. City Manager Bob Anderson said the city is receiving over dig rights to create the walls for the parking structure. Anderson said the parcels and rights-of-way are crucial enough to warrant the unevenness of the land trade areas. Mayor Stirling asked the people's benefits by making this land trade. Mitchell said this was originally discussed before the August election. At that time, Spring street was going to go right in front of Cap's . The city knew the trade would not be square foot for square foot. The city was in agreement because they needed Cap's cooperation for this process because the city wanted the parking structure and Cap's to work in concert. Mitchell said Cap's has been cooperative in the process, has agreed to give the city over-dig rights. Mitchell pointed out the net increase to Cap's is less then with the original design. Tom Baker, planning office, told Council at the original concept, P & Z felt Cap's is an important aspect of the community and they wanted to make sure that Cap's had a functional parcel. Councilwoman Fallin said this trade is below the limits set out in the ballot questions. Councilman Isaac moved to approve the staff recommendations to prepare the necessary easement and property deeds to implement the Cap's land trade and to authorize the Mayor to sign the documents; seconded by Councilwoman Fallin. Mayor Stirling asked if the city needs this exchange in order to complete the garage. Mitchell said these sections are needed. All in favor, motion carried. ORDINANCE #9, SERIES OF 1989 - Adopting 1988 Uniform Fire Code Councilwoman Fallin moved to read Ordinance #9, Series of 1989; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #9 (Series of 1989) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1988 EDITION, AMENDING CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR THE VIOLATIONS OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #9, Series of 1989, on first reading; seconded by Councilman Isaac. Roll call vote; 20 Regular Meeting Aspen City Council March 13, 1989 Councilmembers Gassman, yes; Fallin, yes; Isaac, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #10, SERIES OF 1989 - Appropriations Councilman Tuite moved to read Ordinance #10, Series of 1989; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #10 (Series of 1989) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $5,445; APPROPRIATING GENERAL FUND EXPENDITURES OF $258,210; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $3,550; TRANSFERRING $235,060 FROM THE GENERAL FUND TO THE ICE GARDEN FUND; RECOGNIZING LAND FUND REVENUES OF $81,000; APPROPRIATING LAND FUND EXPENDITURES OF $36,810; RECOGNIZING WHEELER TRANSFER TAX FUND REVENUES OF $72,500; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $128,190; RECOGNIZING ASSET REPLACEMENT FUND REVENUES OF $1,050; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $2,100; APPROPRIATING GALENA STREET CAPITAL IMPROVEMENT PROJECT FUND EXPENDI- TURES OF $28,000; REDUCING PARKING IMPROVEMENT CAPITAL PROJECT FUND EXPENDITURES OF $131,375; TRANSFERRING $131,375 FROM THE PARKING IMPROVEMENT CAPITAL PROJECT FUND TO THE GENERAL FUND; APPROPRIATING 1988 UNDERGROUND- ING DISTRICT CAPITAL PROJECT FUND EXPENDITURES OF $70,400; RECOGNIZING WATER FUND REVENUES OF $86,000; APPROPRIATING WATER FUND EXPENSES OF $8,540; APPROPRIAT- ING ELECTRIC FUND EXPENSES OF $420,130; TRANSFERRING $78,550 FROM THE ELECTRIC FUND TO THE GENERAL FUND; APPROPRIATING GOLF COURSE FUND EXPENSES OF $44,942; APPROPRIATING ICE GARDEN FUND EXPENSES OF $235,060 was read by the city clerk Councilman Tuite moved to adopt Ordinance #10, Series of 1989, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Isaac, yes; Tuite, yes; Gassman, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. REZONING WILLIAMS ANNEXATION Tom Baker, planning office, told Council one alternative is to amend the R-6 zone to allow for 7500 square foot lots on lots annexed subsequent to January 1, 1989. Baker said at this point, this would only apply to lots in the Williams Addition. Baker said staff talked to the neighborhood and developed language for the side yards. Mayor Stirling said he wants the character of this subdivision to be retained and that they are not getting a windfall 21 Rectular Meeting Aspen City Council March 13, 1989 by being annexed. Baker told Council staff and P & Z considered R-15, which would make everything non-conforming; RMF, and P & Z felt it was important to retain locally oriented housing. P & Z felt it was fair that property owners be allowed to build duplexes in this area, which would take either a new zone district or an amendment to an existing zone as R-6 required 8, 000 square feet for a duplex. P & Z felt the best way to retain the neighborhood was to amend the R-6 to allow duplexes on 7500 square feet. Cindy Houben, planning office told Council the city code allows an FAR of 3200 square feet. The existing county zone would allow 1200 square feet. Councilman Isaac moved to read Ordinance #11, Series of 1989; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #11 (Series of 1989) AN ORDINANCE OF THE CITY OF ASPEN AMENDING CHAPTER 24, ARTICLE 5, DIVISION 2, SECTION 5-201(A)(2) OF THE MUNICIPAL CODE PERTAINING TO THE MINIMUM LOT AREA PER DWELLING UNIT IN THE MODERATE DENSITY RESIDENTIAL (R-6) ZONE DISTRICT was read by the city clerk Councilman Isaac moved to adopt Ordinance #11, Series of 1989, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Fallin, yes; Gassman, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Councilman Tuite moved to read Ordinance #12, Series of 1989; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #12 (Series of 1989) AN ORDINANCE ZONING AN AREA OF LAND KNOWN AS THE WILLIAMS ADDITION ANNEXATION AREA GENERALLY LOCATED NORTHWEST OF PARK CIRCLE, THE CITY OF ASPEN, PITKIN COUNTY, COLORADO TO R-6 was read by the city clerk Councilman Tuite moved to adopt Ordinance #12, Series of 1989, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #13, SERIES OF 1989 - Wolftone Lawsuit Fred Gannett, city attorney's office, said the ordinance allows the city attorney' s office to work with other defendants in the lawsuit to go towards condemnation of the property. Councilman Isaac asked 22 Reclular Meeting Aspen City Council March 13, 1989 if the city owns this property, why do they have to condemn it. Gannett said it is dedicated to the city; however, in the title search there appears to be a question of ownership. The city is named a defendant in a quiet title action in which Lyle Reeder is trying to disclaim all other interests in the property. Gannett told Council the city is a defendant by virtue of a dedication on the plat. Gannett said the city has a commitment from the other named defendants in the lawsuit of up to $15,000 to include attorneys fees and acquisition costs. Gannett said this is an attempt on the part of the defendant to try and find a solution that is independent of the lawsuit. Maxwell Aley, representing Wolftone, told Council this property that in the understanding and in the records of the Bureau of Land Management never got patented until the patent was issued to Wolftone pursuant to a trade out of 115 acres that Wolftone acquired in Van Horn park. Wolftone negotiated an exchange of land, giving the 115 acres to the forest and acquired several different tracts on Aspen mountain. Aley told Council prior to the issuance of the patent, the property was surveyed by BLM, notice was given to the city of Aspen. The city manager and forest service met with them and asked if they had any objections. No objections were registered y the city. After the patent was issued, Wolftone filed a lawsuit to quiet title because of some apparent conflicts; one was Summit street, one was encroachment by part of the Mountain Queen condominiums. Aley questioned condemning now. The title is in litigation and it is premature to deal with condemnation when there is a possibility Wolftone might not prevail in the lawsuit and the city would have no contest about it's title to Summit street. Aley said a very complicated lawsuit will be additionally complicated by this condemnation. Aley said if Wolftone gets a decree quieting title, they will not fence off the streets ut will give the city at least 6 months to go ahead with the condemnation suit at that time . Aley said Wolftone has an offer of settlement pending, which has been offered to all the defendants. Aley said Wolftone has had the property preliminarily appraised at $170,000. Aley said if the street is condemned, this will destroy the property as a building site. Wolftone is willing to sell the property for fair market value to the city, should it prevail in the lawsuit. Gannett told Council the suit has been removed to U. S. District Court and the defense costs pursuing it in that court may well exceed whatever condemnation costs there are. Gannett said this is the most expeditious and cost effective method of trying to bring a resolu- tion to this case. Councilman Isaac moved to read Ordinance #13, Series of 1989; seconded by Councilwoman Fallin. All in favor, motion carried. 23 Regular Meeting Aspen City Council March 13, 1989 ORDINANCE #13 (Series of 1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, FINDING THAT IT IS NECESSARY, SUITABLE, PROPER AND IN THE BEST INTERESTS OF THE CITY OF ASPEN TO ACQUIRE BY CONDEMNATION, TO THE EXTENT NOT ALREADY ENTITLED IN THE CITY OF ASPEN, A STREET RIGHT-OF-WAY KNOWN AS SUMMIT STREET, OVER AND ACROSS A TRACT OF LAND SITUATION IN THE W 1/2 NW 1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND IN THE E 1/2 NE 1/4 OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND AUTHORIZING A PETITION IN CONDEMNATION TO ACQUIRE SAID STREET RIGHT-OF-WAY was read by the city clerk Councilman Isaac moved to adopt Ordinance #13, Series of 1989, on first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Gassman, yes; Fallin, yes; Isaac, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling moved to suspend the rules and meet for 10 more minutes; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Gassman. Motion carried. FUNDING 1989 WATER PROJECTS Jay Hammond, city engineer, reminded Council at a February 20 work session, they discussed water construction priorities. Hammond said many projects are long range needs for the system. Hammond presented 4 projects and requested funding for these projects in 1989 . One project is repairs to the Aspen Mountain tank. The tank is leaking and staff would like to fix it. The cost is $30,000. Item 2 is an upgrade to the Little Nell well pump. The casing on the well has been upsized, and staff would like to upsize the pump and control mechanisms. This costs $30,000. The third item is the completion of the preserve interconnect. There is a commitment from the developer to build an internal system and contribute toward the looping of that system. Hammond said $65,000 is needed to complete this. The last item is replacement of hydrants in town. This request is $25,000 to replace 4 or 5 hydrants. Councilman Isaac moved to approve $150,000 from the water fund for these 4 improvements; seconded by Councilman Tuite. All in favor, motion carried. 24 Regular Meeting Aspen City Council March 13, 1989 PARKING STRUCTURE. BIDS Deputy City Manager Ron Mitchell told Council all the bids came in over budget and staff is requesting authorization to do parallel negotiations with the two low bidders, Pinkard and PCL. Councilman Isaac moved to approve parallel negotiations with the two low bidders; seconded by Councilman Gassman. All in favor, motion carried. WHEELER OPERA HOUSE VISITORS CENTER UPDATE Council scheduled a work session for Monday, April 3 at 5:00 p.m. with the ARA on this. Mayor Stirling said he is not convinced the city needs to look at alternate site for the visitors center. City Manager Bob Anderson said the concept of the city funding the visitor center is up in the air. Mayor Stirling said he feels the visitors center has worked better than ever before. BOARDS AND COMMISSIONS Council requested that all the vacant and expired positions be advertised. Councilwoman Fallin said she feels it is inappropriate just to reappoint someone without advertising and interviewing. Council agreed. Mayor Stirling moved to direct the city clerk to advertise for all vacancies, ask the members to serve until appointments are made, and set a date in early April for interviews; seconded by Council- woman Fallin. All in favor, motion carried. Council adjourned at 9:15 p.m. Kathryn S. Koch, City Clerk 25