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HomeMy WebLinkAboutminutes.council.20030310Regular Meeting Aspen City Council March 10, 2003 COUNCiLMEMBER COMMENTS ........................................................................ 3 CONSENT CALENDAR ....... ,~ ........ ~,..,~,~,,.~,...:.~,~.~,..,:,~,~.,~.~,.~.~,-.~,.~.~..~: ......... : 4 · Resolution #19, 2003 - Contracts - Streets Equipment Steiner ............................. 4 · Resolution #20, 2003 - Contract - Downtown Electric Cable Renovation ............ 4 · Minutes - February 24, 2003 .................................................................................. 4 FIRST READING OF ORDINANCES ................................................................... 4 · Ordinance #17, Series of 2003 - 321 West Bleeker - Lot Split ............................. 4 REQUEST TO EXPAND SATURDAY MARKET .............. ,,...., ........................ 5 ORDINANCE #1, SERIES OF 2003 - Adoption of Uniform Fire Code .......7 ORDINANCE #11, SERIES OF 2003 - Code Amendment - Noise ............... 8 ORDINANCE #16, SERIES OF 2003 - Code Amendment Trash Compactor Zone ......................................................................................................... ~ ......................... 9 ORDINANCE #13, SERIES OF 2003 - Maroon Creek Road Zoning ..........10 RESOLUTION #21, SERIES OF 2003 - Boogie's Diner Temporary Use.. 10 RESOLUTION #22, SERIES OF 2003 - Caribou Alley/Baldwin Temporary Use ........................................................................................................................ , ........ ,. 11 TRUSCOTT RENT RESTRUCTURE ................................................................... 12 RESOLUTION #2, SERIES OF 2003 - Dale Avenue Right-of-Way Improvements Agreement .......................................................................................... 13 RESOLUTION #23, SERIES OF 2003 - Little Ajax Annexation .................. PEACE RESOLUTION.,., ...... ,. ................................................................................. 15 Regular Meeting Aspen City Council March 10, 2003 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Paulson, McCabe, Hershey and Semrau present. CITIZEN PARTICIPATION 1. Scott MacDonald, 320 West Main, requested due process from the parks department for tree removal permits under section 1 !.5.2., paragraphs e, f and g. MacDonald told Council he has been pursuing the removal of a spruce tree at 320 West Main since 1998. MacDonald said he has gone to the Historic Preservation Committee and has made numerous verbal and written requests to the parks department. MacDonald told Council he and city representatives meet on site last November. ~acDonald presented his case at that meeting. MacDonald said after receiving final denial for the removal of this tree from the parks department, he wrote a letter documenting the events and the agreements for the removal of the spruce tree without mitigation. MacDonald said the parks department did not address paragraphs e, f and g. MacDonald noted CORE considers solar energy paramount for its renewal energy mitigation program. MacDonald said if he can cut this tree down, he would save between 4 and 8 therms of gas per day. MacDonald asked Council to take care of something which began in 1998, that the city staffis formulating and executing city policy divorce of public input. Council suggested this complaint be forwarded to the city manager. 2. Emzy Veazy III said if Council wants superior redevelopment and economic development for Aspen where there will be a much better performing business community that has restored its credibility with residents and visitors, then aggressively defend and campaign for American born labor. 3. Bert Myrin requested Council scheduled a work session to begin to implement the 2000 Aspen Area Community Plan recommendation on housing residential employees without new growth and with minimum new construction. Myrin noted the AACP recommends conversiOn of existing free market units to affordable deed restricted wits, Mayor Klanderud said the housing board and housing staff is working on a policy for buy downs of existing units. 4. Toni Kronberg said her vision for Aspen includes an aerial tramway. Ms. Kronberg asked that City Council and candidates for City Council come 2 Regular Meeting Aspen City Coancil March 10, 2003 up with their vision for Aspen, especially transportation solutions. Ms. Kronberg said the Obermeyer redevelopment will start revitalization o£ the area North of Main street, which was one of the goals in the AACP. Ms. Kronberg said the city should plan to build outside pools noTM that the work on the Aspen Recreation Center is almost complete. COUNCILMEMBER COMMENTS 1. Mayor Klanderud noted there was a lot going on in Aspen last weekend. There was a benefit for a local citizen and if one had any doubts about there being a community left, you did not have them after that event. 2. Councilman McCabe congratulated the girls' hockey team for winning the state championship. 3. Councilman McCabe sgid he, too, was impressed by the benefit and by the community spirit. 4. Councilman Hershey reported he went to Washington D.C. and met with Colorado Senators, Representative Mark Udall, and the Department of TranspOrtation. Councilman Hershey said he answered questions about why money was needed for this project. Councilman Hershey explained the project was transportation up and down the valley with new hybrid buses, bus stops, park and rides. The entrance tO Aspen and the ballot results from November was discussed. They were aware of that. Councilman Hershey said the Roaring Fork delegation is asking for $64 million. Now is not the best time to be asking for money in Washington. If the Roaring Fork request does not get into this funding cycle, there is a 6'year wait. 5. Councilman Paulson requested Council revisit the idea of a Peace Resolution. Councilman Pau!son requested this be added to the agenda, that war is not always a solution. Councilman Paulson said he would like to see Aspen added to the roster of cities that are concemedl ~°un~ii ag3eed t° add this to the end of the agenda. 6. City Manager Steve Barwick requested an executive session to discuss property acquisition. 7. Councilman McCabe reported the Obermeyer task force has endorsed moving ahead with the project. The COWOP had 14 long, public meetings Regular Meeting Aspen City Council March 10, 2003 and reviewed numerous designs. Councilman McCabe said he feels the community will be very proud of the Obermeyer project when it is done. Councilman McCabe noted Klaus Obermeyer committed to finding comparable places for his existing businesses during construction. 8. Mayor Klanderud noted at the February ACRA meeting, Bill Tomcich, Stay Aspen Snowmass, reported on the state of air travel to Aspen and of United. 9. Mayor Klanderud said RFTA had a policy governance workshop and a very effective meeting. Mayor Klanderud pointed out the RFTA Board is going through a transition, incorporating additional jurisdictions for the RTA. Mayor Klanderud said there will be more workshops to help RFTA achieve the level of functioning to deal with so many jurisdictions and their interests. CONSENT CALENDAR Councilman Hershey moved to approve the consent calendar; seconded by Councilman McCabe. The consent calendar is: · Resolution #19, 2003 - Contracts - Streets Equipment Steiner · Resolution #20, 2003 - Contract - Downtown Electric Cable Renovation * Minutes - February 24, 2003 All in favor, motion carried. FIRST READING OF ORDINANCES · Ordinance #17, Series of 2003 - 321 West Bleeker - Lot Split Councilman Hershey moved to read Ordinance #17, Series of 2003; seconded by Councilman McCabe. All in favor, motion carried. ORDIN^NCE No. 17 (SERIES OF 2003) 4 Regular Meeting Aspen City Council March 10~ 2003 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY T© BE ~0~ AND DEDICXT~D AS THE RUTH WHYTE LOT SPLIT LOCATED AT 321 WEST BLEEKER STREET, CiTY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman Hershey moved to adopt Ordinance #17, Series of 2003, on first reading; seconded by Councilman Semrau, Rol! call vote: Paulson, yes; Semrau, yes; McCabe, yes; Hershey, yes; Mayor Klanderud, yes. Motion carried. REQUEST TO EXPAND SATURDAY MARKET Bill Dinsmoor, Charles Kennedy and Andrew Kole representing the CCLC, presented their request to expand the Saturday market to the 200 block of South Hunter. Dinsmoor told Council in 2001, the CCLC was approached to review and make recOmmendationS about the Saturday market. Dinsmoor said in 2001, CCLC got to know the farmers and over that winter made recommendations to expand the market into Connor park and to have crafts. Council apProved this and last year the market expanded to include crafts and to be expanded into Connor park. Dinsmoor said this was well received by the farmers and they had their best summer. Seth, Aspen Animal Hospital, had a spot, adopted out some dogs, had people walk dogs, and received a $70,000 donation toward the new animal she!ter. Dinsmoor said the CCLC approached expansion carefully, met with the farmers, went to their board meeting to listen to their concerns and expectations, and went through a lengthy process to choose the arts and crafts vendors to make sure they were appropriate and they fit into the guidelines of Colorado made and designed products. The vendors were chosen from Aspen first, valley second. Dinsmoor told Council the feedback from the craft vendors was that this was a very successful venture. Kennedy said the farmers were against the expansion into crafts feeling that the pie will be cut smaller. This was not the case. Kole illustrated the expansion into 200 South Hunter, where the food vendors will be and where the craft vendors are proposed to be. Kole said this expansion will accommodate only 10 to 12 new vendors over the number of last summer. All vendors will be in the streets. Connor park is proposed to be used for demonstrations. CCLC is requesting money to construct a platform on the South edge of this park for demonstrations, 5 Regular Meeting Aspen City Council March 10~ 2003 cooking, physical fitness, music, etc. Kole said CCLC is not looking to add more competition but to add more diversity. Kole noted at each entrance point of the expanded farmer's market will be a major produce grower. Mayor Klandemd said at the first Public hearing, Council requested information about the reaction of the local retailers. Mayor Klandemd opened the public hearing. Lennie Weinglass, Boogies, said the market is phenomenal and creates vibrancy for the city. Weinglass said this proposal is a win/win situation. Toni Kronberg agreed the market brings vitality to the downtown area. Rob Seideman, Aspen Cooking School, stated the downtown core businesses have not been represented. Seideman said the cooking demonstration as they were structured last summer did not hurt his business; however, if there are more demonstrations and of a higher quality, offered for free, this may hurt his business. Harvey Gilmore, Little Bear Antiques, told Council his business is located on the street proposed for expansion. Gilmore supports this expansion as it adds excitement and vibrancy to downtown. Councilman Semrau asked if there is new information from the current retailers. Kole told Council members of CCLC met with everyone who signed the letter presented at the previous CoUncil meeting. Kole said there was confusion between the farmer's market and the proposed arts and crafts fair and antique Show. Dinsmoor reiterated the criteria for being included as a vendor is the product has a significant Colorado component, residents or business people of Aspen, then Roaring Fork valley residents. Councilman Semrau said one of Council's concerns is letting people compete with existing businesses on city land without overhead. Kole said the vendors pay taxes and pay a fee and only get 16 selling days. Dinsmoor said the CCLC is aware of those concerns and make every effort in reviewing the applications to avoid obvious competition. Dinsmoor said a market cannot be done without some businesses feeling like the market is in competition. Councilman Hershey said he would like CCLC to be very sensitive to the competition issue and not chOse booths that compete directly with any local businesses. Councilman Hershey said he will be willing to support this expansion for one year to see what happens. City Manager Steve Barwick said upon a complaint from an Aspen business, he would be willing to make Regular Meeting Aspen City Council March 10, 2003 a call that a vendor is or is not in competition with that business. Councilman McCabe brought up the idea of a kiosk or booth advertising local businesses. Kole said ACRA may be interested in having a booth representing all their members and disseminating information about those businesses. Councilman McCabe asked about toilet facilities, Dinsmoor said they plan to have two portapotties this year in the same location as last year. Councilman McCabe said he is willing to approve this for this summer; however, he is disappointed that ACRA did not work with the CCLC to poll the retailers. Councilman Paulson said he, too, supports this; it is a great idea. The issue is to get people to town. Councilman Semrau supports this and his requests are to not have this become a flea market and that CCLC does their best to make sure items that are for sale are unique. Mayor Klanderud noted this market iS only 15 weeks long. Mayor Klanderud suggested the fees for a booth be raised so that in the furore the fees can cover expenses. Mayor Klanderud said the craft vendors should only be from the Aspen area and then from the Roaring Fork valley. Dinsmoor told Council they have not had a problem with vendors outside the Roaring Fork valley. Mayor Klanderud said She would agree that vendors from along 1-70 to Silt, R/fie and Eagle would be acceptable. Mayor Klanderud said Council should review this at the end of the summer to see how it worked. Kole said the applications for the vendors are reviewed at CCLC meetings and anyone who is interested should attend. Councilman Hershey moved to approve the expansion of the Saturday Market to the 200 block of South Hunter as a one season experiment and that the vendors should be from the Aspen area, then Roaring Fork Valley, then 1-70 corridor Silt to Eagle, and the city manager be the contact for complaints from merchants; seconded by Councilman McCabe. All in favor, motion carried. Mayor Klanderud suggested CCLC come back with their funding request for the demonstrations in the park. ORDINANCE #1~ SERIES OF 2003- Adoption of Uniform Fire Code John Worcester, city attorney, reminded Council at the last meeting they had questions and requested staffbe ready to answer these. Councilman 7 Regular Meeting Aspen City Council March 10~ 2003 McCabe said he met with the fire marshal, who answered all his questions. Councilman McCabe said the 0nly area that staff needs t° Work on is vegetation, the city's tree ordinance. Councilman McCabe noted some requirements in the ordinance regarding trees and shrubbery around homes and defensible space may come into conflict with the city's tree ordinance. The city staff does have some flexibility with enforcement and the tree ordinance. There are no changes from the code under which the city is currently operating. Ed Van Walraven, fire marshal, told Council the fire department will be working with the building department to adopt the International Fire Code. Mayor Klanderud opened the public hearing Sheri Sanzone, landscape architect, questioned what exactly this means as the recommendations in the ordinance conflict with the tree mitigation, historic guidehneS and efficient buiidin~ guldelin~i ~i~ g~2°ne said the landscape architects have worked with the fire department in the past and hope that continues. Mayor Klanderud closed the public comments. Councilman McCabe moved ~0 adopt Ordinance #1, Series of 2'003, on second reading; seconded by Councilman Paulson. Mayor Klanderud said she is concerned about hazardous materials around a structure and denuding that area. Van Walraven told Council in drafting the new ordinance, they will work with parks to get more coordination. Councilman Semrau asked if.there is any recourse. Van Walraven said there is an appeal process. Roll call vote: Semrau, yes; Paulson, yes; McCabe, yes; Hershey, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #11, SERIES OF 2003 - Code Amendment - Noise Jannette Whitcomb, environmental health department, told Council this code amendment tries to find a balance in the community with events and vitality and peace and quiet of residents. Ms. Whitcomb said public special events will be able to have 100 decibels from 9 a.m. to 9 p.m. without a noise variance. Private events will be able to have 80 decibels from 9 a.m. to 8 Regular Meeting Aspen City Council March 10, 2003 p.m. Ms. Whitcomb told Council electric leaf blowers will be an alternative to gas powered leaf blowers, which are illegal and which are a loud source of noise. Athletic events may exceed noise levels from 7 a.m. to 9 p.m. to accommodate early morning races and night ski races. Construction is limited from 7 a.m. to 7 p.m. Monday through Saturday throughout the entire town, not just the residential area. Ms. Whitcomb noted any enforcement officer can fine someone under this ordinance for disturbing the peace. Ms. Whitcomb said this code amendment does not allow for unlimited noise but tries to address what is actually going on in the community. Councilman McCabe asked that staff make sure the enforcement officers are aware that gas leaf blowers are illegal. Mayor Klanderud opened the public hearing. Mayor Klanderud entered a letter from Jackie Mastrangelo into the record requesting Council support quiet in the town. Mayor Klandemd closed the public heating. Councilman Hershey moved to adopt Ordinance #11, Series of 2003, on second reading; seconded by Councilman Semrau. Councilman Paulson said he is voting against this as he feels the current noise ordinance has worked for years. Councilman Paulson said when things are loosened up, people take advantage and go beyond what is allowed. Councilman Paulson said leaf blowers should be banned. Ms. Whitcomb reminded Council this is a comPlaint basis ordinance and if staff does not get complaints, they feel the community is behind special events. Ms. Whitcomb said this ordinance makes it easier to shut down a noisy venue upon complaint. Roll call vote: McCabe, yes; Paulson, no; Hershey, yes; Semrau, yes; Mayor Klandemd, yes. Motion carried. ORDINANCE #16~ SERIES OF 2003 - Code Amendment Trash Compactor Zone Councilman Hershey moved to continue Ordinance # 16, Series of 2003, to June 9, 2003; seconded by Councilman Semrau. All in favor, motion carried. Regular Meeting Aspen City Council March 10, 2003 ORDINANCE #13, SERIES OF 2003 - Maroon Creek Road Zoning Sarah Oates, community development department, told Council state statute requires zoning within 90 days of reCently anneXed land. This is a stretch of road and the recommended zoning is Public. Mayor Klanderud opened the public hearing. Toni Kronberg said she supports the annexation of the road and the zoning. Ms. Kronberg pointed out Section 3 states all m~tefia~ representations and commitments made by the applicant will be complied with fully. Ms. Kronberg reqUested the section of road from the new pool and ice facility to the roundabout be improved for bicycling. Ms. Kronberg said she is not requesting a separate bicycle lane. Mayor Klanderud said staffis holding a hearing on the proposed Aspen Highlands trail this Wednesday at 6 p.m. Mayor Klanderud noted these comments are more appropriate to the trail discussion, not the rezoning of a portion of Maroon Creek road. Mayor Klanderud closed the public hearing. Councilman Semrau moved to adopt Ordinance #13, Series of 2003, on second reading; seconded by Councilman Hershey. Roll call vote: Semrau, yes; Paulson, yes; Hershey, yes; McCabe, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #21~ SERIES OF 2003 - Boogie's Diner Temporary Use James Lindt, community development department, said this is a request for approval of a temporary use to keep the tent structure on the east side of Boogie's Diner through the end of March. Lindt noted that in the past restaurants have been approved for covered outdoor seating. Lindt said staff does not believe this outdoor seating will have a negative impact on views of the building. Lindt told Council the applicant also requests to be allowed to erect the tent at other times of the winter, Christmas through New Year, X- Games, President's weekend. This resolution would allow the community development director to approve future requests. Lindt said the review standards for temporary use have been met. Boogie Weinglass told Council the outside area seats 60 additional people in the winter and 100 in the summer. Weinglass said having this tent allows 10 Regular Meeting Aspen CiW, Council March 10, 2003 him to employ more people. Weinglass said having this extra seating will keep people offthe steps as a waiting area. Mayor Klanderud opened the public hearing. Warren Klug, general manager Aspen Square, said Boogie's Provides a great service to Aspen not only as it is one of the only family dining spots, but Weinglass has many benefits for local non-profits. Harley Baldwin told Council he supports this application. Mayor Klandemd closed the public hearing. Councilman McCabe moyed [0 approve Resolution #21, Series of 2003; seconded by Councilman Hershey. All in favor, motion carried. RESOLUTION #22, SERIES OF 2003 - Caribou Alley/Baldwin Temporary Use COuncilman Hershey stated he has received money for his campaign from HarleY Baldwin and will recuse himself if Council feels that is appropriate. Council agreed Councilman Hershey could stay at the table. Sarah Oates, community development department, told Council this application is for a temporary use permit for the enclosure of the Caribou Alley, which is required open space. Ms. Oates said in 1994 the HPC granted approval for a temporary canopy to cover the alley during the summer to provide shade for outdoor dining. When the Collins block was redeveloped, Baldwin was required to provide 25% open space. Baldwin told Council when this property was the hardware company, that space was all commercial space. Ms. Oates noted the temporary canopy has transitioned into a front enclosure and a more permanent roof structure. Ms. Oates said if the infill is approved, Baldwin will seek approval for a waiver of open space. Mayor Klanderud opened the public hearing. Andrew Kole said he feels this covering is more beneficial for people using the Caribou Club during the winter. Kole said this space is not really a place the public would want to hang out. Boogie Weinglass said the Caribou Club 11 Regular Meeting Aspen City Council March l0t 2003 is one of the few entertainment places in Aspen. This is an alley, not open space. Mayor Klanderud closed the public hearing. Councilman Hershey agreed this space is not really open space on the cold side of the street. Baldwin said this space is very useful for crowd and safety control at times when the club is busy. Baldwin told Council he tried hard to make this space work as an alley caf6 but it is cold and does not get any sunshine. Mayor Klanderud entered a !e~ter from Warren Ryan supporting this application and an e-mail from Ron Erickson objecting to this application into the record. Mayor Klanderud said this still has a feeling of open space when there are no doors. Councilman Semrau asked what happens in 6 months. Baldwin said if the infill has not been adopted, he will ask for a 6-month extension. Councilman Semrau agreed this location does not work as open space. Councilman Hershey moved to adopt Resolution #22, Series of 2003; seconded by Councilman McCabe. All in favor, motion carried. TRUSCOTT RENT RESTRUCTURE Paul Menter, finance director, requested approval of the Truscott Phase II rent structure. Menter told Council the partnership agreement requires Truscott project to demonstrate debt coverage for 3 months prior to the release of their contribution of $985,000. Menter said in order to do this, all vacant units must be rented. Menter said this will realign the rental rates between studios and one bedrooms units. This will also improve the likelihood that the housing office will achieve its mission of providing affordable housing to lower income residents. This will also ~ncrease the opportunity to lease all units and allow the tax credits to be claimed on all the units and lease all vacant units, which is necessary to meet debt coverage. Council needs to approve the rent structure because in the future the rents will be outside the guidelines. Menter noted this rent restructuring only addresses the tax credit units for the lower income workers in the community. Menter said this ~s a great project and the pro formas indicate it will be successful over time. 12 Regular Meeting Aspen City Council March 10, 2003 Councilman Semrau moved to approve the rent restructuring for Truscott Phase II as proposed by staff; secOnded by Councilman Paulson. All in favor, motion carried. RESOLUTION #2, SERIES OF 2003 - Dale Avenue Right-of-Way Improvements x~ee~¢fi~ John Worcester, city attorney, told Council this resolution would approve an agreement proposed by the owners of property at the intersection of Park and Dale avenues, lot 5A, under contract to Coast Pacific Asset Management. Worcester said Coast Pacific discovered that Dale Avenue was constructed on their property and the~ have proPOSed this agreement in order to move the road offtheir property at their cost. This agreement would affect 3 properties to the south. Worcester noted the City engineer met with all affected property owners on site; the city engineer believes this agreement is in the best interest of the city. Worcester said 1 owner is in favor of this agreement; 1 owner is so/so and 1 owner is opposed. Worcester said 1 owner would like that the map be attached to the agreement, if approved. Shane Harvey, Holland & Hart representing Coast Pacific, noted the fight- of-way agreement moves 1700 square feet of pavement offhis client's lot and relocates it into the city right-of-way resulting in a 24-foot wide fight- of-way. This would be a 2-foot increase over the existing pavement. Mitch Haas, representing the applicant, said there is enough fight-of-way for the improvements; currently the improvements are not in the right-of-way. The improvements would not use all the available right-of-way but would move the road 2 feet closer to the houses on the south side of the road. Nick Adeh, city engineer, told CounCil minimum residential 'street needs in order t° deliver service is 26 feet; this request is for 24 feet. Tom Marshall, neighbor to the south, told Council he has owned his property for 36 years. The city annexed this property in 1962. The road was in its present position When Marshall moved there 36 years ago. Marshall said he did not encroach; what he bought 36 years ago is what is there now. Marshall said when this area was resurveyed in the 1970's, the lot moved and he lost 8 feet. His lot went from 6150 square foot lot to a 5100 square foot lot. Marshall said there never was a road on the easement. Marshall said he does not have a problem with this request but he would like t° have 13 Regular Meeting Aspen City Council March 10, 2003 another 3 feet from the line and the roadway narrowed to 20 feet. There are 11 houses, mostly single family, on Dale and RiverSide. Marshall said a 24- foot road with curb and gutters is not needed in this area. Harvey said he does not think this proposal will result in greater or faster traffic. Chris Lacr0ix, representing the Eisenstatz 125 Park Avenue, said their concern is that the agreement reflects the map showing where the pavement will be realigned. Adeh said curb and gutter provides a benefit in protecting property from flooding. Adeh told Council there should be a paved or stabilized shoulder or curb and gutter to support the edge of the pavement. This is 2 feet of the right-of-way that is being used. Haas said the road is on private property. This was done without a survey. Haas said the applicants want to get the road off their private property and put it in the right-of-way. There is 40 feet of right-of-way. The applicants would like to put the paved road on 22 feet of right-of-way and leave 18 feet unused on the south half. Harvey said the proposed width of pavement, including the gutter pan, is 24 feet. Harvey told Council they have deferred to the city request on the width of the road needed. Mayor Klanderud asked if the width of the street can be reduced. Adeh said Council can reduce the width but he rec0mmen~s 5~aying with the safety standard. Councilman Semrau pointed out this right-of-way narrows to 19 feet at the most west edge. Mayor Klanderud said many residents on the east side o.f town do not want sidewalks, curb and gutter. Haas said his client would prefer a sidewalk, curb and gutter improvement agreement and only put it in when others in the neighborhood go in. The owner will have to do a drainage plan. Councilman Semrau suggested eliminating the curb and gutter, move the line over 2 feet and only have a 21-foot road. The Marshalls get the 3 feet they requested. Harvey said as long as they can take 1700 square feet of pavement offtheir property, they are satisfied. Marshall said this would satisfy them. Councilman Semrau moved that the curb and gutter be eliminated, the beginning of the road pavement is the current line of curb and gutter so it moves 2 feet to the north and the size of the pavement is 21 feet, essentially moving it 3 feet from where it is and adopting Resolution #2 and amending the agreement to reflect this; seconded by Councilman Hershey. All in favor, motion carried. 14 Regular Meeting Aspen City Council March 10, 2003 RESOLUTION #23, SERIES OF 2003 - Little Ajax AnneXation John Worcester, city attorney, told Council this is the first step in a 4-step annexation process. This sets the public hearing, which will be April 14th and directs publication. Worcester said this annexation is at the base of Shadow Mountain. The annexation was started two years ago but never completed. Councilman Hershey moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Councilman Semrau. All in favor, motion carried. Councilman Semrau moved tO adopt Resolution #23, Series of 2003; seconded by Councilman Hershey. All in favor, with the exception of Councilman Paulson. Motion carried. pEACE RESOLUTION Councilman Hershey said he would prefer this be continued for two weeks so that Council can have an actual resolution before them. Councilman Paulson said the resolution would state that Aspen does not support war and that peace is the best avenue. Councilman Hershey said he would like a chance to get some facts together, like Aspen does support the 300,000 men and women serving in the armed forces. Councilman Paulson said war is the last resort and peace should be the first resort. Councilman Semrau said he is willing to discuss this resolution but he would like it in writing down. Councilman Paulson moved that Aspen supports peace; seconded by Councilman Semrau. All in favor, motion carried. Councilman Semrau moved to go into executive session at 9:10 p.m. for the purpose of discussing purchase of real property pursuant to C.R.S. 24-6- 402(4)(a); seConded by Councilman McCabe. There are 3 matters to be discussed and 2 of these are the Aspen Valley Land Trust and Smuggler. All in favor, motion carried. Councilman Hershey moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Councilman McCabe. All in favor, with the exception of Councilmembers Paulson and Semrau, Motion carried. 15 Regular Meeting Aspen City Council March l0t 2003 Councilman McCabe moved to come out of executive session at 10:15 p.m.; seconded by Councilman Semrau. All in favor, motion carried. Councilman McCabe moved to adjourn m 10:15 p.m.; seconded by Councilman Hershey. All in favor, motion carried. City Clerk 16