· Resolution #47 2007 – Request for Funds – Ruedi Hydro Turbine Runner 5

· Resolution #48, 2007 – IGA Red Mountain Water Line Replacement 5

· Resolution #49, 2007 – Acquisition of Property – 517 Park Circle. 5

· Minutes – May 14, 2007. 5

RESOLUTION #45, 2007 – Contract Design of Bus Lanes. 6

ORDINANCE #21, SERIES OF 2007 – Boomerang Lodge Historic Designation. 6

ORDINANCE #26, SERIES OF 2007 –Extension of Historic Commercial Moratorium.. 6

SWEARING IN NEW MAYOR AND COUNCILS. 8

CITIZEN COMMENTS. 8

COUNCILMEMBER COMMENTS. 8

RESOLUTION #46, SERIES OF 2007 – Contract for Recycling Center Consulting Services 9

ELECTIONOF MAYOR PRO TEM... 9

ORDINANCE #27, SERIES OF 2007 – 308 East Hopkins Subdivision. 9

CASTLE CREEK TRAIL FUNDING.. 9

Mayor Klanderud called the meeting to order at 4:00 p.m. with Councilmembers DeVilbiss, Torre, Johnson and Tygre present.

CASTLE CREEK TRAIL FUNDING

Stephen Ellsperman, parks department, told Council this is a proposed trail from the city along Castle Creek up to the MAA campus. Ellsperman reminded Council staff has discussed this before and Council’s direction to staff was for them to go back and see if the MAA was willing to be financial partners in this construction project. Ellsperman said the county open space and trails board decided it was not necessary to have the MAA reimburse the county for their portion of the funding and the county open space board approved funding 50% of the $2.2 million cost to construct the trail; the city will pay 2/3 of the other half (about $726,000) and the MAA will pay the other 1/3.

Denny Vaughan, MAA Trustee, said the MAA is supportive of construction this trail; it is important and is a matter of public safety. Vaughan said the MAA Board has supported this for years; however, only recently has there been a suggestion that the MAA participate financially. Vaughan said it concerns the Board that the city would request a non-profit organization to contribute to a public process. Vaughan said the MAA is an important driver of the Aspen’s economy and the Board hopes that the city would nurture the MAA and not look to them for revenue. The MAA works hard to raise money and the Board feels this should not be how to spend their money.

Alan Fletcher, CEO Music Associates of Aspen, reiterated the MAA is a non-profit and is held to high standards in terms of how their money is used. Fletcher stated this is a matter for the Board, not the staff, to decide. The next regular board meeting is the end of June. Fletcher noted staff suggested this money be attached to a future bond issue for rebuilding the campus. Fletcher said adding this money to the bond issue would compromise the bond issue by having the asset on public land rather than land owned by the MAA. Fletcher said this trail is an important public safety issue. Fletcher stated he cannot make a commitment for this funding on behalf of the MAA and its Board. Councilman Johnson asked how long the school has been located on Castle Creek. Fletcher said since 1963.

Tom Reagan, Aspen Country Day School, told Council the school is also a non-profit corporation and must meet the IRS guidelines for non-profits. Reagan said every penny raised by the school goes towards education; monies in the endowment also must go to education. There is no discretion on how that money is used. Reagan said it is unprecedented that a non-profit be asked to participate in the funding of a public project.

Fred Peirce, city Open Space Board, told Council their board feels this trail is a priority and important to get walkers and bicyclists off Castle Creek. This portion of the trail links up with future plans for trails to Highlands and up Castle Creek. Tim McFlynn, county Open Space Board, reiterated his board resolved to pay a full 50% of the contract. McFlynn said approving this contract is under a deadline of this week. McFlynn urged council to approve this going forward with a promise from the non-profits to see if they will contribute. McFlynn said this is a technical project and a good company has agreed to construct the project. McFlynn said the County open space board feels this trail will eventually connect with other trails.

Councilman Johnson asked what transportation there is to get students to the MAA campus or to the ACDS. Fletcher said the MAA contracts with RFTA to have a bus line to the campus. The MAA has a large fleet of bicycles available to the music students at no cost so the students do not bring cars to town.

Mayor Klanderud asked how often public events are held at the music campus. Fletcher said there no ticketed public performances at the campus. There are master classes which the public may attend. Councilman DeVilbiss noted the trail and the campus are out of the city. Councilman DeVilbiss said it seems as MAA could have contacted their Board by electronic means to determine their position regarding contributing to the trail project. Fletcher said the MAA board has 50 members; the last board meeting was in March and up until then there had been no suggestion the city and county expected the MAA to contribute financially. Councilman DeVilbiss said this is a public project for the benefit of the MAA and is outside the city limits.

Mayor Klanderud said the trail system is seamless and it goes throughout jurisdictions. Mayor Klanderud said the majority of traffic on Castle Creek road is city residents. Ann Rickenbaugh, county open space board, told Council they received a bid for the project in late April which exceeded anticipated budget. The city and county open space boards have worked hard to see how this could be financed. Ms. Rickenbaugh stated if this is not built this summer, the costs could go increase another 50 to 75%. Ms. Rickenbaugh said this is an important trail segment. Scott Newman, finance department, stated there are some synergies with this contract. There are savings because the contractor is just finishing the airport and the equipment is already here.

Councilman Johnson noted the trail budget is 3 times what it was when the city indicated they were willing to participate financially. Councilman Johnson said he feels it is prudent for the city to rethink this and the project may be too expensive. Councilman Johnson stated it may make more financial sense to run buses more often. Jessie Boyce, city and county open space board member, noted this trail does not benefit just the MAA, bicyclists are leery of riding up Castle Creek because it is dangerous in this vicinity. Mayor Klanderud pointed out the city just purchased property on Castle Creek to build additional deed restricted housing and the trail will become an amenity for that project.

Boots Ferguson, city open space board, stated one of the reasons there is a cooperative effort with the county is because the history of the city is that recreation and transportation trails were less important. The city has been playing catch up for years, because they have not been able to afford the trails, because there has not been right-of-way. Ferguson told Council the open space board views this as a long term project, filling in pieces of the puzzle to get to a viable community recreation trails and transportation system. Ferguson said the city and county will be facing difficult choices to fulfill the vision of a coordinated trail system because the parts will continue to increase in costs.

Councilman Johnson stated Council is not trying to delay the trails or that the community needs to invest in a trails system. Councilman Johnson said the only issue is that this short piece, which mainly serves the MAA, should be funded in part by the MAA. Councilman Torre asked what city projects would be deferred because money would be transferred to this trail. Ellsperman noted staff identified projects based on staff work load that cannot be completed this year and will be put off until next year; one of these would be Francis Whitaker park. Ellsperman suggested staff bring all the planned projects to Council and let Council prioritize them. Peirce told Council the Open Space Board has spent time prioritizing trails and this has always been on the top of the priorities. Peirce pointed out trails get built in sections, when the city and county have funds, when they rights-of-way and when they are on the priority list. Peirce said this trail will hopefully go farther up Castle Creek in the future.

Councilwoman Tygre noted she is ambivalent about this project; both the city and county open space boards recommend it. Councilwoman Tygre said staff should make sure the money is being spent on high priority projects and staff should evaluate what is not going to get funded because of this. Councilwoman Tygre said her initial reaction was the costs were too astronomical for consideration.

Councilman Torre moved to approve Castle Creek trail funding with the request that the MAA and ACDA go to their respective boards and the next meeting and request the board to be financial partners in the trail, and that the parks department put together a meeting to discuss prioritization of parks and recreation project. Motion DIES for lack of a second.

Mayor Klanderud stated she would like to see this project move forward; the contractor will be gone in two weeks so there is a time constraint. Mayor Klanderud said this trail is important to residents, to visitors, and to MAA students. Councilman Johnson said the issue is not whether to follow the recommendation of city boards or the importance of the MAA to the city. Councilman Johnson stated the issue is in light of the increased costs, will the MAA participate in the payment of this trail. Councilman DeVilbiss agreed the MAA should assume some of the financial responsibility for getting this trail built.

Mick Ireland said this trail was an issue when he was a county commissioner; this was the best alternative. Ireland agreed the MAA should contribute; however, if there is a delay in order to secure that contribution, the trail project will be lost for this year. Construction costs are rising over 30%/year.

Councilman DeVilbiss moved to authorize the city to pay for 1/3 of the estimated costs of the Castle Creek trail; seconded by Councilman Johnson. All in favor with the exception of Mayor Klanderud. Motion carried.

CITIZEN COMMENTS

1. Nelson Bell noted that real estate prices in mid-valley are escalating at a large increase. Bell said the city could lose their intellectual capital by not supporting management level personnel throughout the city. Bell requested the city look at more category housing to fit these types of employees. There is an increasing demand for this level of housing.

2. Toni Kronberg requested the bus lane contract be pulled from the consent calendar. Ms. Kronberg thanked all Council who has accomplished wonderful things for the community over the past 6 years.

3. Jeffrey Evans told Council he is circulating initiative petitions for residents of the city regarding the Entrance to Aspen. Evans stated 17 years ago 56% of the voters voted in favor of a 4 lane highway going through the Marolt property. Evans said that did not happen and this will be the first time in 17 years the voters will be able to vote and it is a direct legislative act by the people of Aspen. Mayor Klanderud suggested Evans discuss this with the new Council.

4. Debbie Braun, ACRA president, thanked Council for all the work they have done and for supporting businesses in the community.

CITY MANAGER COMMENTS

1. Steve Barwick, city manager, stated this Council has accomplished a lot in the past 4 years. Barwick said outgoing Council members should not be strangers and should contact staff with suggestions.

CONSENT CALENDAR

Councilwoman Tygre requested the May 29^th minutes be removed as she was not present and cannot vote on them.

Councilman Torre moved to approve the consent calendar as amended; seconded by Councilman DeVilbiss. The consent calendar is:

· Resolution #47 2007 – Request for Funds – Ruedi Hydro Turbine Runner

· Resolution #48, 2007 – IGA Red Mountain Water Line Replacement

· Resolution #49, 2007 – Acquisition of Property – 517 Park Circle

· Minutes – May 14, 2007

All in favor, motion carried.

Councilman Torre moved to approve the minute of May 29, 2007; seconded by Councilman Johnson. All in favor; Councilwoman Tygre abstained. Motion carried.

RESOLUTION #45, 2007 – Contract Design of Bus Lanes

Toni Kronberg asked if there is money in this contract to have pedestrian bridges over highway 82 at Buttermilk. Mayor Klanderud stated this contract is for bus lane only no other improvements to Highway 82.

Councilman Torre moved to approve resolution #45, Series of 2007; seconded by Councilman Johnson. All in favor, motion carried.

ORDINANCE #21, SERIES OF 2007 – Boomerang Lodge Historic Designation

Amy Guthrie, community development department, reminded Council as part of the review of the Boomerang Lodge redevelopment, the HPC and Council requested a condition of approval that the original part of this lodge is designated a historic landmark. Ms. Guthrie noted about 1/3 of the building, the oldest part of the building, will be landmarked. HPC and the applicant discussed and agreed on the boundaries of preserving the exteriors of the building and the landscaping including the swimming pool. Ms. Guthrie reminded Council the criteria for historic preservation are association with important historic events as well as a finding of architectural integrity.

Ms. Guthrie noted this meets several criteria; the lodge is Wrightian in style, which building style was prominent in Aspen in the 1950’s and 1960’s, and is representative of Aspen’s small lodges. This meets criteria (a) - an event or trend important to Aspen’s history. Ms. Guthrie pointed out very little modern architecture has been preserved in Aspen and staff feels this is an important designation.

Sunny Vann, representing the applicant, noted the applicant voluntarily agreed to designate this portion of the building.

Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing.

Councilman Torre asked about the new waterfall; how will this affect the historic designation. Ms. Guthrie said the applicant is still working with the HPC on the redevelopment details.

Councilman Johnson moved to adopt Ordinance #21, Series of 2007, on second reading; seconded by Councilman DeVilbiss. Roll call vote; Councilmembers Johnson, yes; Torre, yes; Tygre, yes; DeVilbiss, yes; Mayor Klanderud, yes. Motion carried.

ORDINANCE #26, SERIES OF 2007 –Extension of Historic Commercial Moratorium

Ben Gagnon, community development department, reminded Council the moratorium on commercial buildings is scheduled to expire tomorrow and staff has not been able to resolve all the issues. Gagnon said the issues are focused on mix of commercial uses and potentially designating interior historic elements of buildings. Gagnon suggested an amendment to allow an additional exemption which would allow existing commercial uses to expand into an adjacent space. Councilman Torre said he feels the amendment goes against the spirit of the moratorium.

Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing.

Councilman Torre moved to adopt Ordinance #26, Series of 2007, on second reading as written; seconded by Councilman Johnson. Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes; Torre, yes; Tygre, yes; Mayor Klanderud, no. Motion carried.

Councilman DeVilbiss said he has enjoyed working alongside Torre and that he will miss him. Councilman DeVilbiss read into the record a proclamation commending Torre.

Councilman DeVilbiss read a proclamation into the record commending Jasmine Tygre.

Councilman DeVilbiss said he is proud to have served with Helen Kalin Klanderud, a Mayor who served with grace, dignity, intelligence, spirit and integrity. Councilman Johnson read a proclamation into the record commending Helen Klanderud for her six years as Mayor of Aspen.

Torre thanked staff, an incredible and amazing group, who made his job easier. Torre said it has been an honor and experience to sit at the table as a Councilperson. Torre stated his connection to the community has grown as a result of this experience. Torre encouraged Aspen to look for entrance solutions without a new highway, a more pedestrian oriented downtown, keep on working on the environmental initiatives and maintain a limited growth policy. Torre asked that the community pay attention to the youth of the community; they are Aspen’s future.

Jasmine Tygre thanked Council for the opportunity to be a Councilmember for the last 5 months. Ms. Tygre agreed with Torre about the importance of staff, which have been uniformly helpful, professional and courteous.

Helen Klanderud said Aspen is a very special place and it has been an honor and a privilege to serve residents and visitors. Ms. Klanderud said Aspen is a difficult place not to care about and it must be cared about since it is fragile. Ms. Klanderud said Aspen is a resilient community because there are people to care about it and enrich it. Ms. Klanderud said Aspen is fortunate to have had the skiing and the arts and culture grow up together, at the same time. Ms. Klanderud stated Aspen is fortunate to have an exceptional, caring staff. Ms. Klanderud noted not all the staff live in Aspen and they are still committed and provide service to Aspen residents and visitors.

SWEARING IN NEW MAYOR AND COUNCILS

Brooke Peterson, municipal judge, swore in Dwayne Romero and Steve Skadron as Councilmembers and Mick Ireland as Mayor.

Councilman Romero said he is honored to serve on Council and he is excited about the opportunity to continue consensus building, to be a problem solver. Councilman Skadron thanked the community for their support.

Mayor Ireland also thanked Helen Klanderud, Jasmine Tygre and Torre for their dedication and service to the city and to the community. Mayor Ireland also thanked all the candidates in the municipal election and their ideas for the community. Mayor Ireland stated Aspen cannot be what it was but it can be more than it is. There are problems and the possibilities are endless because of the people in the community. Mayor Ireland said affordable housing cannot be provided for all that want it; a job cannot be provided for everyone in the community. Mayor Ireland said Aspen has the ability to protect the environment. Mayor Ireland said the city has a talented staff that is the envy of resort communities, and staff faces the challenges of living and working in Aspen. Mayor Ireland said Council represents the community, people who work here and who visit here and those not yet living here and part of the future.

CITIZEN COMMENTS

1. Alan Fletcher, president of the MAA, said earlier this evening Council considered a trail along Castle Creek to the music school campus and funded 1/3 of the trail and left the rest of the funding to the MAA. Fletcher requested Council reconsider this and to add money to bring this to ½ funding of the trail. Fletcher said he and the president of the Board support making a financial contribution; however, they need to wait until the next board meeting.

2. Debbie Braun, president ACRA, welcomed the new Council and stated ACRA, on behalf of the 800 members of the Chamber, looks forward to working with Council.

3. Toni Kronberg requested Resolution #46 be pulled from the consent calendar.

COUNCILMEMBER COMMENTS

Mayor Ireland moved to add selection of Mayor Pro Tem to the agenda; seconded by

Councilman Skadron. All in favor, motion carried. Mayor Ireland said they will take care of this at the end of the agenda.

1. Councilman Johnson welcomed the new members.

2. Councilman Skadron thanked the previous Council for the work they have done and for what they have taught him.

3. Steve Barwick, city manager, told Council Ordinance #25, Smuggler Racquet conceptual PUD, will come back at the next meeting as a Resolution.

4. Steve Barwick, city manager, requested Council add an executive session to the end of the meeting.

RESOLUTION #46, SERIES OF 2007 – Contract for Recycling Center Consulting Services

Toni Kronberg said the public should have an opportunity to comment on any changes proposed to the recycling center, the skateboard park or a picnic area. John Worcester, city attorney, pointed out the scope of work includes 8 hours of public meetings. The design professionals will be meeting with the public in 4 two-hour session.

Councilman DeVilbiss moved to approve Resolution #46, Series of 2007; seconded by Councilman Johnson. All in favor, motion carried.

ELECTIONOF MAYOR PRO TEM

Mayor Ireland nominated Councilman DeVilbiss as Mayor Pro Tem; seconded by Councilman Johnson.

Mayor Ireland said Councilman DeVilbiss served the community for more than 30 years as District Court judge and his fairness and wisdom are well known.

All in favor, motion carried.

ORDINANCE #27, SERIES OF 2007 – 308 East Hopkins Subdivision

Councilman Skadron recused himself as he heard and made a decision on this application when a P&Z member.

Councilman DeVilbiss moved to read Ordinance #27, Series of 2007; seconded by Councilman Romero. All in favor, motion carried.

Councilman DeVilbiss moved to adopt Ordinance #27, Series of 2007, on first reading; seconded by Councilman Johnson.

Councilman Romero requested information regarding the view plane easement requested for second reading.

Roll call vote; Councilmembers Romero, yes; Johnson, yes; DeVilbiss, yes; Mayor Ireland, yes. Motion carried.

CASTLE CREEK TRAIL FUNDING

John Worcester, city attorney, told Council normally an agenda item could be brought back with a motion for reconsideration; however, this is a new Council and it can be heard as a new item. Councilman Skadron noted the new Council did not have a chance to review the material presented for the request. Councilman DeVilbiss said he has not heard any different information than that presented to Council earlier. Mayor Ireland noted when the city and county were working on purchase Smuggler Mountain as open space, the MAA made a bargain sale of two miming claims, which saved the city and county money. The MAA had a verbal understanding that this would be made up to them somehow in the future. Mayor Ireland said the MAA has been good partners with the city. Mayor Ireland said if the city does not build the trail now, it will be built at greater expense that outweighs delaying it and waiting for a contribution from the MAA. Councilman DeVilbiss stated he was not aware of the bargain sales on Smuggler and he is willing to change his position based on that information. Councilman DeVilbiss said this is also based on the condition that MAA will go to their board to see if they can get a significant contribution toward this trail.

Councilman Romero moved to add Castle Creek trail funding to the agenda, based on new information; seconded by Councilman DeVilbiss. All in favor, motion carried.

Councilman Romero moved to approve funding half the Castle Creek Trail expenditure of $1.1 million; the MAA will go to their board for a contribution; the county has already committed funds up to 50% of the project; seconded by Councilman DeVilbiss.

Councilman Johnson asked if the MAA were to get a contribution, would this be split between the city and county. Councilman Johnson noted the issue for the previous Council was whether it was appropriate for the MAA to pay a portion, and Council felt 1/3 of the trail costs would be appropriate. Councilman Skadron said if Council votes in favor of this motion, what incentive is there for the MAA to contribute. Mayor Ireland said he is confident given the history of the MAA and their cooperation on the Smuggler mining claims, they will consider a contribution.

All in favor with the exception of Councilman Johnson. Motion carried. (See Minutes 6/23 for correction of Skadron vote)

Councilman Johnson moved to go into executive session at 6:55 p.m. pursuant to C.R.S. 24-6-402(4)(b), conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions; seconded by Councilman DeVilbiss. All in favor, motion carried.

Councilman DeVilbiss moved to come out of executive session at 7:15 p.m.; seconded by Councilman Romero. All in favor, motion carried.

Councilman Skadron moved to adjourn at 7:15 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried.

Kathryn S. Koch, City Clerk