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