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HomeMy WebLinkAboutminutes.council.19730312 1417 ............ Reg~!~r M~ying ........ Aspen City Council March 12, 1973 Meeting was called to order by Mayor Eve Homeyer at 4:00 p.m. with Councilmen Scott Ny- strom, James Breasted, Ramona Markalunas, Jack Walls, Francis Whitaker, City Manager Russ,~gampbell and Student Representative Timber Dick. Minute correction submitted by Councilwoman Mar'kalunas. Councilman Nystrom moved to approve the minutes of February 26 as amended and submitted by the City Clerk. Seconded by Councilman Walls. Ail in favor, motion carried. PUBLIC PARTICIPATION Malls Michael KinM~y of the Environmental Task Force questioned Council as to what progress is being made on the mall plans for 1973. City Attorney Arthur Daily arrived. Mary Jo Greg representing the League of Women Voters read a letter, previously submitted to the Council, regarding their strong feeling that the general plan of 1966 be up-dated. Accounts Manager Campbell explained the payment of $1,000 to Mr. Paul Anderson (survey on parking Payable requirements in the downtown). Stated he had previously told Council Mr. Anderson would conduct the survey free of charge for the City. Discovered there was monies available for the survey under the Planning Department budget and felt a better job may be accom- plished if Mr. Anderson were paid for his service, therefore, authorized and offered payment of $500 a month to Mr. Anderson. This is now ba6k to Council for authorization for payment due to the change since previous submission to Council. Councilman Breasted moved to approve payment to Mr.'Paul Anderson in the amount of $1,000. Seconded by Councilman Nystrom. Roll call vote- Councilmen Nystrom, aye; Breasted, aye; Markalunas, aye; Walls, aye; Whitaker, Day; Mayor Homeyer, aye. Motion carried. Councilman Nystrom moved~to.approve the accounts payable, seconded by, Councilman Breasted. Roll call vote- Councilmen~Whitaker, aye; Walls, aye; Mar'kalunas, aye; Breasted, aye; Nystrom, aye; Mayor Homeyer, aye. Motion carried Council reques~ all public hearings, on ordinances by scheduled for 4:00 p.m., rather than 4~:30~p~m. Public Parks and~Recreation Director Ted Armstrong presented to Council comfort stations that Restrooms could be utilized at a lesser cost than the estimated amount for an addition to City Hall. $11,705.40 or $7,000 if the City did the wor'k themselves. Under that price the comfor.t s~mtions would~not~be:~winterized, would be maintenace free and could be located on th~ northeast corner of Wagner Par'k. The style is such as to fit in with the decor of Aspen, 9A x 25~.in size and~would be a metal building. Councilman, Breasted. moved to~go,~ahesd with this project at Wagner Park and Mr. Armstrong bring in color chips to the Council at the time when this decision must be made. Seconded by Councilman Nystrom. Council further requested Mr. Armstrong submit the costs for winterizingl~ Roll call vote- Councilmen Nystrom, aye; Breasted, aye; Markalunas, aye; Walls, nay; Whita'ker, nay; Ma~or Homeyer, aye. ~Motion carried., Destina- Mayor Homeyer opened~ the publicihearing on, the MUD Outtine Development SPlan. tion Resort City/County Planner Herh~Bartel s~ated t~ere wer, e two parts~ to.~this,submission- Final Corpora- Subdivision Plat and Outline Development Plan. Explained the Subdivision plat contains tion, 5.2~acres on=tand located at U~e~A~enue by. West~>End,extended. Mr. Barrel outlined Subdivi- the specificrequir,ements plahe by the Planning amd Zoning Commission in their recommend- sion 'a~tlon for app=oval~ as'~folto~s:~(t) A~cess:~o this'd~vetopment be off. off,West End Street Plat and extension as condition of the first phase of development, paving of 10' in width of West PUD Out- End to Ute Avenue, Ute Avenue has a 60' right-of-way and have requested reservation for line an additional 10! right-of-way deeded to ~he~City not earlier than June of 1975 and not Develop~~, la,tar tha~-June~of 1978.-.~(~~ The 4%, public land.~to.,meet~, that d~edicationTof land has been ment met by;providing a~trail on the eastern bounda~ry of the property which does meet this Plan requirement. (3) Plat shows catch basins and filtration at the northeast corner of the property which drainage will be conveyed to the City's storm sewer system at Glory Hole Park. (4) Subdivision offices., including such. technical requirements as curbs, gutters, utility placement, berm, etc. CoUncil disnussed-~the traffic c~'rcuiatzon~ ' in that area. Resolutions of the Planning and Zoning Commission were submitted. Mr.~Bartel further submitted the entire file compiled through the Planning and Zoning Commission proceedings. Pointed out there were many letters in the fil~e, ail.:b~sically:¢oncer.ned'with ~he-density in that. area of the com- munity, not necessarily against the subdivision as outlined. , 1418 Regular Meeting Aspen City Council March 12, 1973 Outline Development PLan was,outlined by the,~pplicants.. History on why this piece of Destination property was purchased'for this development was. st Ged and following points made: 1) esr~ Resort tablished zoning of AR-1 for a period of 18 years; (2) located near the core of the City Corporation and allows for pedestrian access; (3) utilities are in close proximity to the property; (4) traffic pattern in the 1966 Master ~Plan,show Ute Avenue as a major arterial street and (5) topography is principally flat. Because of the flexibility of placement of build- ings, height, etc., decided to do a PUD plan. Buildings were pulled bac'k~more than is required from the periphera of the property in order to maintain a buffer between the de- velopment and the single family residences that are adjacent. Used the saddle of Indepen- dence Pass and the trees in Ute Park to establish a view corridor of Independence Pass from. Glory Hole Park. In that corridor the buildings are two story. Request for more useable open space was met by eliminating one building., Plan contains a recreational building, swimming pool, tennis courts, children's play area, etc. Total open space minus the parking and buildings is 55%. Statistics based on.10 projects in the same general vicinity were given to the Council relating to percentage of building coverage, floor area and open space. Parking was reduced by 30% upon request by the Planning and Zoning Com- mission and'in exchange have established a shuttle service that will tie into the trans- portation plan, providing 100 parking spaces on the premises. Agreed to provide three employee ho~ing=~nits and plan shows 140 condominium units with the major number of units being 2 bedroom. It was explained there will be three parking spaces provided off of Ute~Avenue for service trucks only. Question was raisedzby Council why traffic is not funnelled onto Original and have West End Street:go through. Mr. Bartel explained that.if it became necessary at a later date due to additional development in this area an additional 10' paving mat could be made on West End Street. Concern was raised by Council that dedication of these streets be made now rather than waiting for dedication at the time of subdividing. Mr. Feeley representing the Ute,:City Protection Association read a letter (see file) out- lining grounds that the density in the Aspen area should be declared invalid since it does not follow the Master Plan. The.density of this plan is in access of the goals of Aspen. ~a~6~stated the main objection o~fthe landowners in this area is, density. As relates to this area is density. As relates to this project do not feel the density is worth having in. Aspen, applicant is taking advantage of the AR zoning and hope that Coun- cil will table this until the Master Plan is up-dated. Feel West ENd Street should be a continuing street and available to the people of Aspen. With the access as outlined do not feel it is adequate for emergency equipment access. Plan does not provide for service roads within the project. Basically concerned with the traffic in the area. Mr. Bill Gaudino submitted pictures taken off of West ENd Street showing the traffic pro- blem. Stated Council must think of the impact on the total area by this project. The problems of parking on Waters, Ute, West End and Original should be solved now. Letter from. the Board of Realtors was read by Don Piper basically agreeing with the Plan as submitted. Mr. Cowmn questioned Council as to how much further development is going to be allowed tO occur. Attorney Albert Kern representing Destination Resort Corporation made the following points DRC is presenting a subdivision that has been approved by the Plan~ing and Zoning Commis- sion and in addition an outline development plan. There is no provision under review of the subdivision plat for density consideration, that should be done through the City Council by zoning. The PUD plan has somewhat less density than allowed since the P & Z requested more useable open space. The figures outlined by the Ute City Protective As- sociation relating to voiding of the zoningare incorrect in that there have beem many annexations to the City since that time, densities were cut in half in the AR zone, open space requirement was adopted, all happening since the adoption of the Master Plan. The application on before the Council is not density but rather a matter of whether the sub- division requirements have been met. Mr. Feeley stated DRC did in fact go along with all the recommendations of the Planning and Zoning CommissiOn. When they were asked to reduce the density they only reduced the density from 153 to 140. In Aspen occupancy for two bedroom units usually have six people. There being no furth~M~comments, Mayor Homeyer closed the public hearing. Councilman Walls moved that the decision in regard to this request for P~D and subdivision plat be continued to an adjourned meeting on Monday March 19th at 5:00 p.m., seconded by Councilman Whitaker. Ail in favor, motion carried. Mayor Homeyer recessed the meeting for five minutes=while members of the public left the meeting. Meeting reconvened. Engineering Mr. Bruce Oliphant stated Snowmass American Corp~ratio~ and the Aspen Ski Corporation have Evaluation agreed to donate funds for the engineering evaluation and are requesting 1/3 of the ex- ":~Study,. pense to be split ~between,~he City and Gdunty, City .share ~$1,650~ County further agreed Transzt to reimburse the ski corporations if this study comes through with actual implementation. System Mr. Bartel stated 'he agreed with this expenditure as the"next p~se is anengineering phase, the transportation plan does not state an~exact engineering criteria~- trains, lifts etc. Councilman'Whitaker moved to approve the expenditure of $1,700 for this engineering study. Seconded by~C~un~lwoma~ M~¥~alun~.~Roi1 c~ll ~6te- Councilme~ Nystrom, aye; Breasted, aye; Mar'kalunas, aye; Walls, aye; Whitaker, aye; Mayor Homeyer,-aye. Motion 'carried. Council stated they could not agree to reimburse the-Ski co'rporations at this time. Ordinance City Attorney 9aily submitt~ed a new-ordinance and.stated there was a mistake made in the #7, way in which the ordinance under consideration was drafted. The substitute ordinance Series of submitted changes only section numbers, error made in re-codification of the ordinance. 1973 Suggest Council cancel consideration of the Ordinance #7 on second reading and read on first reading the substitute ordinance. Councilman Breasted moved to abandon previous Ordinance #7. Seconded by Councilman Ny- strom. ~11 in favor, motion carried. ORDINANCE #7, Series o~ 1973, '~'AN ORDINANCE'AMENDING C~tPTER 23 OF' THE MUNICIPAL CODE OF THE~'CITYDF ASPEN BY REPEALING IN ~THEIR ENTIRETY EXISTING SECTIONS 23-101, 23-102,23-104, 23-106, 23-107, 23-108, AND 23-60 THEREOF AND BY ADDING THERETO NEW SECTIONS 23-101, 23~ 102, 23-104, 23-106, 23-107, 23-108, AND 23-60 REVISING WATER RATES INSIDE AND OUTSIDE THE CITY, REQUIRING RESIDENTIAL FLAT R~TE SERVICE FEES ON SINGLE AND TWO FAMILY DWELL- INGS, ELIMINATING METERS FOR SINGLE AND TWO FAMILY-~DWELLINGS FROM~THE DATE OF THIS~OR- DINANCE, AND-INCREASING WATER TAP CHARGES", was read by title by the City Clerk. Councilman Breasted moved to adopt Ordinance #7 on first reading, and schedule the pub- lic hearing for March 26, 1973.- Seconded by-Councilman Whita'ker. Discussed whether the Council shoutd~eonsider the Ordinance at this time o~ wait~until the rates have beeen studied. City Manager Campbell stated he understood that there was a technical omission in the Ordinance in 1971 and the reason for this ordinance at this time is to correct the tech- nical omission. At this~same'ti~ne~the question has been raised as to the~fairness of the water rates, etc. and on that the City hasagreed to have the rates studied. People will be in town this week for that purpose. City at this t me is just asking for the patience and additional time for this rate s~udy to be accomplished. Attorney~B~ker.~representing Bill Bayer stated with the substitute ordinance just sub- mi~ted, the Council is as'king the people to accept the same ordinance that already exists. This is not just a mere technicality. The~ordinance ~that is valid at this time was en- acted in 1968 and that ordinance did provide for water meters for residences. City Manager Campbell suggested t~he entire conSideration of Ordinance #7 be dropped at this time and see what progress~has been made by next week. Councilman Breas~ted Withdrew his motion, Councilman'Wh~taker withdrew his second to the motion. Railroad City Manager Campbell~'statad meetings have bee~ held~outlining~the agreement~with Mr. Property Trueman. Mr. Trueman's plans for~e rest of the area include~those uses that Mr. Bartel previously outlined for that area. City A~to~ney Daily outlined the-major points of the agreement as follows: .purchase price~$t,750,000 for tl,499~ acmes~dow~payment amd~earnest money of~$175,000; closing date of-Julys5, t973; seller~will give'the City at etosing.a~specia~ warranty deed; pos- session of the property at closing. Further outlined the cooperative language of the agreemen~ rela~ing to the adjoining pr°peCty and~atignment o~ Millf{~Street, zoding of tRe adjacent land, easements, etc. Also, if Mr Trueman's contract withthe railroad falls through, the City cannot use this co~tract-in ~any way to.~pu~r-chase ~heland'.fr0m th~ railroad. Councilman Breasted moved to instruct City Attorney Daily to prepare the contract in final form and present to Mr. Trueman for his~signature~ Seconded .by Councilwoman Markalunas. Roll call v~te- Councilmen Walls, abstain; Breasted, aye; Nystrom, aye; Whitaker, aye; Mar'kalunas, aye;~Mayor Homeyer, aye. Motion carried. Councilwoman'Markalunas~moved to authorize theMayor to sign the.con~ract as presented. Seconded by Counci%~an Nystrom. Roll call vote-Councilmen~Nystrom, aye;-Breasted, aye; Markalunas, aye; Walls, abs~ain;:Whita'ker, aye; Mayor Homeyer, aye~ Motion darried. Mayor Homeyer opened the public hear~ng~ ~ ~ Method of Building Inspector Cla~t0'~Meyring sta~ed ~e-reason fo~ ~he proposal is that the Board Measurement.~~'~ of Adjustment has-had numero~ reques~.~ fo~ h~g~yar~a~S~.has as'ge~ for.~abetter ~ ~ interpretation than what now exists in the code. Mr. Meyring outlined the proposal (used in the County successfully f~r~2-1/~ ~s.)~ wh~qh~equi~es ~e ~ei~ght be.measured at-right angles to the slope w~iqh re~u~t~ in?qild~ngs ~ha~ go_down with~he~alope. ~lanning and Zoning Commission is recon=nending approval of this propoaal. Mr. Hal Clark, C~un~y~Building I~spector., stated they have issued at least 250 different permits based on t~ ,~ys~e~..~This s.ystgm is not~the~best under all circumstances, but none other has been sqgg~s~ ~ ~ There being no further comments, Mayor Homeyer closed the public hearing. Mayor Homeyer opened the pu~ic..h~ring. City,~ttorney-Daily submitted mino. r amendment Ordinance #6 to the ordinance. There being.no further comme~s, Mayor. Homeyem closed the public Series of hearing. 1973 Councilman Walls moved to read on second reading O~dinancei.#~6, Series of 1973, as amended. Seconded by Councilman Nystrom. Ail in favor, motion carried. ORDINANCE #6, SERIES OF 1973, "AN ORDINAN~ AMENDING _SE~T%~ 5T28, AND SECTION 5-29, AND SECTION 5-31, AND SECTION 5-32, AND SECTION 5-45, AND SECTION 5-48, AND SECTION ~C62, AND REPEALING SECTION 5-30, SUBSECTION (d) ABD SECTUIBS 5~, 5-61, 5-66 .OF CHAPTER ~ OF THE ASPEN MUNICIPAL COpsE TQ P~0VIDE ?OR -THE A ~.NNI~AL ISSUANCE ~OF RA.BIES VACCINATION AND DOG LICENSE TAGS ~BY LIcENsED VERERINARI~NS~ SETTING THE FEES IN CONNECT.ION THEREWITH, INCREASING THE DAILY DOG IMPOUND RATE,~ AND TQ ~A~E~ yD CERTAI,N OTHER.PROVISIONS OF~ SAID CHAP. TER 5 IN ACCORDANCE W!T~ ~HE~FO~R~SAI~ CHA~GE~, ~AND. ADOP~ING~A .NEW DIVISION 4 TO ARTICLEII OF S~ID CHAPTER 5 ESTABLISHING THE PENALTIES FOR VIOI~TIONS OF SAID ARTICLE II AND PROVIDINGFO~ OPTIONAL PENALTY ~SSES~SME~NTS~ FOR CERTAIN VIOLATIONS THEREOF AND ES- TABLISHING A SCHEDULE OF SUCH PENALTY ASSESSMENTS", was read by title by the City Clerk. Councilman Walls moved to ad~p~ Ordinance. ~6, Sel~e~ q~ 19~3. Seconded by Councilman Nystrom. Roll call vote- Councilmen Whitaker, aye; Walls, aye; Markalunas, aye; Breasted, aye; Nystrom, aye; Mayor Homeyer,~ aye. Motion carried. Mayor Homeyer opened the public hearing. There being no comments, Mayor Homeyer closed the public hearing. Councilman Walls mpved qq re,~d ~qn s~econd.rea~ing. Crdinance #~, Series of 1973. Seconded Ordinance #8, by Councilman Whita~ke=~~ ~l~in favor, ~motion~Darried. Series of 1973 ORDINANCE ~8, Series ~f~'197~ "~N ORDINANCE A~ENDING SECTION 22-26 OF CHAPTER 22 OF THE ASPENMUNICIPAL CODE BY ADDING SUBSECTION (15) THERETO AUTHORIZING IMPOUNDMENT OF MOTOR VEHICLES FOR WHICH A .PARKING, STOPPING OR STANDING VIOLATION CITfCfION HAS BEEN OUTSTAND- ING FOR OV~R~$.I~T~(6.0~) D~S"~ was~ ~read b~ ~itle by the City Clerk.~ Councilman Walls moved't0 adopt OrdinanCe #§, series of 19'73. Seconded by Councilman Whitaker. Roll call vote- C0~ci~maB ~hit.a~k~=, ~ye; ~.Nystrom,. aye;. Breasted, aye; Walls, aye; Markalunas, aye; Mayor Hqmeyer,.ay.e. Motion-¢~rried. Mayor Homeyer opened the public hearing. There being no comments, Mayor Homeyer closed Ordinance #10, the public hearing. Series of 1973 Councilman Walls moved to read on second reading_0%dinamce #10, Series of 1973. Seconded by Councilwoman Markalunas. Ail in favor, motiqn~car=~ied. ORDINANCE #10, Series of 1973, "AN ORDINANCE AMENDING THE ZONING DISTRICT MAP :OF THE CITY OF ASPEN, COLORADO, DATED APRIL 3, 1967, AS AMENDED, DESIGNATING LOTS R AND S, BLOCK 81, CITY AND TOWNSITE OF ASPEN, COLORADO, AND THE~HEELER OPERA.HOUSE SITUATED THEREON, AS AN H, HI~STORIC OVERLAY DISTRICT", w~s read by titleiby ~the City Clerk, Councilwoman Markalunas moved to adopt ~ina~ce ~i0, Series ~f 1973, seconded by Coun- cilman Walls. Roll call vote- Councilmen Nystrom, aye; Breast.ed,~ aye;~,Markalunas, aye; Walls, aye; Whita'ker, aye; Mayor Homeyer, aye. Motion carried. Councilman Walls moved to read on ~irst =eading Ordinance #11, Series o£ 1973. Seconded Ordinance #1.~ by Councilman Nystrom. Ail in favor, motion carried. Series ~ .~ ~ 1973 ORDINANCE #11, Series of 1973, "AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY THE ADDt%ION OF CHAPTER 18 THERETO ENTITLED qEMERGENCY ALARMS SYSTEMS" MAKING ALARM SYSTEMS DIALING AUTOMATICALLY INTO CITY DEPARTMENT. S UNLAWFUL, AND ESTABLISH- lNG PROCEDURES FOR THE LICENSING BY THE CITY MANAGER OF CE~IYRAL OFFICE EMERGENCY ALARM SYSTEMS AND FOR THE REVOCATION OF SUCH~LICENSES, AND REQUIRING~THE REMOVAL OF EXISTING ALARM SYSTE~S-CONNEC~TED W-ITH THE ASPEN POLICE DEPARTMENT WITHIN A SPECIFIED PERIOD OF TIME, AND MAKING THE R~BORTING ~F FALSE ALARMS %HROUGH SUCH ALARM SYSTEMS UNLAWFUL AND PROVIDING PENALTIES THEREFOR", was read by title by the City Clerk. Ordinance #11 Councilman Walls moved to adopt Ordinance ~11, Series of 1973 and schedule a public.hear- Series of lng on same for March 26, 1973. Seconded by Councilman Nystrom. Roll call vote- Council- 1973 men Nystrom, aye; Breasted, aye; Markalunae~ aye; Walls, aye; Whitaker, aye; Mayor Homeyer, aye. Motion~carried. Ordinance Councilman Walls moved to read Ordinance #12, Series of 1973 on first reading. Seconded #12, by Councilman Breasted. Ail in favor, with exception of Councilwoman Mar~kalunas who ab~ Series of stained. Motion carried. 1973 - Councilman Whitaker request clarific~ation as to where each employee fell in the pay scale- at what step each employee would be located. City Manager Campbell stated the total in- creas~amounts to aboat $21,000. Councilman Walls moved to adopt Ordinance ~12, Series of 1973 and schedule a public hear- ing on same for March 26, 1973. Seconded by Councilman Breasted. Roll call vote- Coun- cilmen Whitaker, aye; Walls, aye; Markalunas, abstain; Breasted, aye; Nystrom, aye; Mayor Homeyer, aye. Motion carried. Downtown City-Manager Campbell stated he ks deeply concerned ~bout the plight of the 16oks of the Clean-up downtown area. OveM>the last couple of weeks, two city employees when time allows have been wor'king in the downtown area. Fe~i the clean-up in the downtown is a year around job. Also working with the Aspen Trash franchise and will be sending out material to all uszness owners in the downtown requesting thezr~help or further action will be taken for those areas that are. not.cleaned up. Councilman Whitaker requests in this clean-up cons%deration-be given to abandoned cars. Councilman Walls moved to continue this meeting on March 19, 1973 at 5:00 p.m. Seconded by Councilman Whitaker. Ail in favor, motion carried. Meeting adjourned a{ 8:05 p.m. ~ Lorrazne Graves, City Clerk Cof~i~htz°on to minutes of F?bru~amy 26~ 1973 at page 1414. "Councilwoman Markalunas stated she felt some provision should be made in this ordinance ~habling residents to have a meter if they requested one. We have had a number of re- quests for such service and it seems reasonable. The portion.re-eliminating.water meters should be deleted and re-written to provide meters. By re-enacting the same ordinance we are in effect slapping people in the face after they have pointed out the inequities involved." ~ Continued Meetin~ Aspen City Council March 19~ 1973 Meeting was reconvened and called to order by Mayor Eve Homeyer.at 5:05~ p.m. with Council- men Scott Nystrom, James Breasted, Ross Griffin, Ramona Markalunas, Jack Walls, Francil Whitaker, City Attorney Art Daily, City Manager Russ Campbell and Student Representative Timber Dick. Destination The following consists of questions and answers between Council and Applicants as relates Resort to the ~ubdivision plat and outline development plan. Corporation question- Total number of employees required? Answer~ Maximum during the periods of Easter and Christmas of 20 to 25. q~estion- Will all units contain a fireplace? Answer- Yes. question- What type of ownership will there be of the units? fl Answ~ Selling.mostly to second home buyers, renting of th~ units, would be a choice of the owner. ques~tion- The reduction inparking spaces is being replaced by the shuttle bus system; what a~surance is. there that the shuttle system will in fact stay in u~e once it is imp~lemented' Answer- Will ba providing two shuttle type vans w~ich will .run principally~ from and to the airport. The location of the property is in close proximity to the downtown for walking and also the bus system for the ski areas. question- How ,~can the assurance of the shuttle system be made a part of the requirementS. Answer- This could be incorporated in the condominium declaration and a responsibility of the owners. Question- Has underground parking been considered for this project in order to leave ad- Destination ditional open space? ~ ~ .~ : : ~ Resort Answer- Yes and based on the following two points decided not to go underground: (1) sub- Corporation stantial grading-woulg~berequir~d which would~iaruptthe~vegetatio~.; ~(2)~escalm zng construction costs which would increase the price of the units thus the~.marketa~llz y would be limited. Mr, Bartel ~nformed Council, t~he~isubdi~isio~ pla~ has met wi~h all tke conditions of the subdivision regulations. The subdivision agreement has been prepar,ed, in~rough.,drafts,,~ awaiting for confirmation on exact figures from the City Engineer. The outline develop- ment. plan is a~option of..the applica~t~require Council: approvat, of~,the,subdivls~ion~tat:. Councilman Walls stated he would like to see West End Streeet-'kep:t,<opem so.~that ~ther.e woul~ be an alternate route. Mr. Bartel explained this would require adjustment to the curves that are now existing...-'.Cit% Enginee~'poimted out~appro~i~matel~hOw~muc~h, land:would~be needed for this adjustment.~. ~. Councilman Nystrom questioned if the parking could be phased~along~wi~,.the cons. truc~tion_. phases so that it is found additional parking is needed, the open space that is now in- cluded which or~ginall~was:shown as.pa~'kin~uld revert b~c'k to par'kingspaces~.~ Ap- plicants stated this~is possible. . ~ ~ ~ ~ Councilman Nystrom mo~ed to 6pprove the' final subdivision.pi'an for Destination,Resort Corporation cond~itioned:upon~the extens~ion of West End Street ~o an adequate right of way with the approval of the City Engineer. Seconded by Councilman Walls.~ ..... Councilman Breasted stated:Tri-Co Management (his .employer):has. done the,survey on this project, he has not had any personal connection with the project. ROll call'vote~?Cb~ncilmen~Nystrom, aye;.~Breasted, aye; Griffini, nay;:Markalunas,,~aye;; Walls, aye; Whitaker, aye; Mayor Homeyer, aye. Motion carried. Councilman Nystrom moved to approve the subdivision agreement subject to varification by the City Engineer on figures. Seconded by Councilman Walls. Roll call vote- Councilmen Whitaker, aye; Walls, aye; Markalunas, aye; Griffin, aye; Breasted, aye; Nystrom, aye; Mayor Homeyer, aye. Motion carried. Councilman Whitaker moved to approve the outlined development plan subject to review of par'king in the third phase of construction and adjustment be made to fit the additional right-of-way and the agreement on the shuttle bus operation be included in the condomin- ium declaration. Seconded by Councilman Nystrom. Roll call vote- Councilm~n Griffin, aye; Mar'kalunas, aye;' Walls, aye ;, Breast,ed, a~e; ~Wh_it.a. ker,. ~a~e; Nys,trom, ~aYe; Mayor HO~ meyer, aye. Motion carried. Councilman Griffi~ moved to consider Resolutiqn ~/5, Series of 1973. Seqqnded by Council- Resolution f/5, man Whitaker. A!i in favor, with exceptiqn qf CpBncilman Wa!ls.whq abstained.. Motion Series of 1973 carried. ~ , : ~ .~ ~ ~ .. .~ . ~ RESOLUTION ~/5, SERIES OF 1973 was read by the City Cler'k as follows: "WHEREAS, the ~City of Aspen h~s entered into an Agreement to purchase approximately 1!~$ acres of real pro- perty within the City of Aspen from James R. Trueman & Company, an~Ohio corporation, for a total.purchase price of $1,750,000.00 the ClOsing Of.whiCh.transaction is scheduled for July 5,.1973;~and .... WHEREAS, in accordance with standard real estate sales Procedures, 'the aforesaid Agreement requires that the City make a ten (10%) per cent earnest money deposit in the ~amount of $175.,000.00 upon the execution thereof; and WHEREAS, since the~ SAles Tax Revenue Bonds with which the City intends to fund this acquisition will not be issued until early July, 1973, the City must borrow the earnest monies until such Bonds are actually issued; and WHEREAS, Section 10.2 of the Charter oflthe City of Aspen provides that the City may borrow money wi~rh~t~t an election in anticipation of the collection of taxes and to issue short-term notes to evidence tb~e amount so borrowed, so long as such short-term notes mature before the close of the fiscal year in which the money is borrowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen, Colorado:. THAT the appropriate Officials of the City of Aspen be and the same hereby are authorized to borrow $175,000.00 from a responsible lending institution, at a maximum of five (5%) per cent interest per annum, for a period commen~ing March 20, 1973 and~ ter- minating on or before July 5, 1973 (but 'in no event later than December 31, 1933), ~for purposes of funding the ten (10%) earnest money deposit required under the aforesaid Agreement, such loan to be repaid out of the proceeds of the Sales Tax Revenue Bonds tO be issued in early July,' 1973, and are further, authorized to execute a promissory note cn behalf o f the City evidencing such borrowing." Councilman Breasted moved to adopt ResolutiOn f/5, Series of 1973. Seconded by Councilman Nystrom. Roll call vote- Councilmen Nystrom, aye; Br~easted, aye; Griffin, aye; ~:Ma~'kalu- nas, aye; Walls, abstain; Whita'ker, aye; Mayor Homeyer~, aye. Motion carried. City Attorney Daily reported he would have to resign from the City Attorney position. Re- City cent legislation relating to ethics and conflicts of interest. Stated he has been asked Attorney ~o take the position of City Attorney On a full time basis, but at this time would have Position to decline and will~ be staying with the firm of Holland and Hart. Councz~lman Gr~ffzn,mp~v,e~ ~he the C~zty pursue the hzrzng of a full time Czty Attorney. I42o Continued Meeting Aspen City Council March 19~ 1973 SecOnded by ~[~Ouncilman WallS. All in favor, motion carried. Councilman Walls mOved to adj~ourn at 6:15 P.m., seconded by jCouncilman W~ita'ker. Ail in favor, motion carried, meeting adjourned.