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HomeMy WebLinkAboutminutes.council.19870824Regular Meetinct Aspen City Council August 24, 1987_ EMPLOYEE BONUS AWARDS 1 PROCLAMATION - Aspen Bike to Work Day 1 PROCLAMATION - Uncle Forrest 2 CITIZENS COMMENTS 2 COUNCILMEMBER COMMENTS 3 RFTA SUPPLEMENTAL APPROPRIATION - Rubey Park 5 ORDINANCE #32, SERIES OF 1987 - Flood Plain 6 ORDINANCE #33, SERIES OF 1987 - Pisten Bulley Agreement 6 ORDINANCE #36, SERIES OF 1987 - Annexing East Meadow/Jukati 7 ORDINANCE #38, SERIES OF 1987 - Amending 72 Hour Parking 7 COST BENEFIT ANALYSIS PM 10 CONTROL STRATEGIES 8 MAROLT HOUSE DAY CARE USE AGREEMENT 13 STREET CLEANING 16 SNOW DUMP LOCATION 18 REQUEST TO WAIVE WATER TAP FEES - Airport 19 REQUEST TO ELIMINATE TIMESHARE FEE 21 AMENDING USE TABLES IN OFFICE ZONE 22 REQUEST TO USE CITY PROPERTY - Refreshment Stand Volleyball Tournament 22 REQUEST FOR FUNDS - Colorado Ski Country USA 22 HUNTER CREEK ACCESS 23 BOARDS AND COMMISSION APPOINTMENTS 23 RED ROOF INNS/INFOTEL 23 26 Reaul-ar Meet-inq-___-~---- ----_As-Aen City Council - Auaust 24; 1987 Mayor Stirling called the meeting to order at 5:05 p. m. with Councilmembers Gassman, Isaac, and Tuite present. EMPLOyB`E-- -SOi~~-BARDS Jim Considine, data processing director, received an award for the work done in the transfer to the new hardware and software. Considine has promoted and developed the system to enhance user self-sufficiency, and expanded use of terminal s which had a significant effect on the City operation. Mayor Stirling presented a plaque and a check to Considine. Nancy Lambert, finance department, received an award as she volunteered to work extra hours required to keep the utility billing process on schedule. Ms. Lambert took a personal interest in maintaining the integrity of the billing system to produce accurate, timely bills. Mayor Stirling presented Ms. Lambert with a check and a plaque. Rita Merrigan, police department, received an award f or consistently exceeding the normal job requirements and for improvements in the area of job simplification. Ms. Merrigan was recognized also for flexibility and willingness to work week- ends. Mayor Stirling presented Ms. Merrigan with a check and a plaque. Jim Perri, Wheeler Opera House, received an award for the exceptional manner in which he monitored and supervised the air cooling system project. Perri's supervision caught substandard and hasty work resulting in cost savings f or the city. Mayor Stirling presented Perri with a check and plaque. Ron Avery, police department, received an award f or consistently exceeding the normal requirements for his position. Avery has provided firearms training in addition to the development of related classes. Mayor Stirling presented Avery with a check and a plaque. Carolyn Herwick, streets department, received an award specifically for the time and commitment given to the development of computer skills. Ms. Herwick has taken computer classes on he r own and the results of these efforts have been evident in commendations received on her work in budget control and purchas- ing. Mayor Stirling presented Ms. Herwick with a check and a plaque. Joel Lapin, police department, received an award for the extra time spent procuring quality equipment at a substantial savings to the city. Through Lapin's efforts equipment is better maintained and records of inventory are more accountable. Mayor Stirling presented Lapin with a check and a plaque. PRO~AMA~-f~N - Aspen Bike to Work Day Council is naming September 10 "Bike to Work Day" and encourages all citizens to ride their bicycles this day. Mayor Stirling said there has been a lot of discussion about the relationship 1 ~e gu i_ar -Mere t i rtu~-_.__.. __ _ -- -- -- --Asp C it _ Co u~rc-~„~ - - _ __ ___. __ _ Aug ust -~ 4 3 ---19-87 ~~__ -Y between bicycling and pedestrians. This is a good day to hav e more compatibility between these two. PRQCi;AiKATi~iV - Uncle Forrest Mayor Stirling said Mayor Pro Tem Fallin was the recipient of an award given to the citizens of Aspen from Uncle Forrest. Mayor Stirling read a proclamation honoring Uncle Forrest and his children's concerts and presented it to Forrest Miller. e ~~i-~ - e 1. Linda McCausland said she is chairman of the committee working to plant wildflowers around town. Ms. McCausland told Council she has been receiving donations from citizens to purchase seeds to plant around town. Ms. McCausland said she would like to deposit these in a city account to be used for this program to be administered through the Council's budget with approval from the wildflower program chairman. Ms. McCausland said this could be a long range program and would rather have it administered through the city. Councilman Isaac said he would prefer not to see the money come through the city and perhaps go to other things. City Manager Bob Anderson said staff will look at this and make a recommendation. Ms. McCausland told Council Bugsy Barnard par the advisors are worried trees and plants might water available at this site. Ms. McCausland of the water tap fee in case they raise the mon system to water Bugsy Barnard and other par staff will report on both these items at t agenda. k is very ar id and die. There is no requested a waiver ey for a sprinkler ks. Anderson said he September 14th 2. Perry Harvey, representing the 121 South Galena building, told Council there was some confusion and the project got backed up in the planning office and referral agencies. Harvey pointed out the building is under construction and trying to be finished by this winter. Harvey said the building is waiting for some amendments to the GMP approval. Harvey requested Council continue this meeting to September 8 to speed up the process so the building can be enclosed before the winter. Councilman Tuite said he would like to see the building finished. City Manager Bob Anderson pointed out this will go to P & Z September 1st, which gives very little staff preparation time in order to get it to Council September 8th. Anderson told Council this was put on a special P & Z meeting. Harvey said he has discussed this with the staff, who felt they could accommodate the request if it were approved by Council. Anderson said this 2 Reatxi-a-r- -Me-~trrra---_______~__----- ~.epe-n _ City _Cotxn~i~ -- --- _ _____ p;ug~ ~ , ___1-987 is not the kind of service staff typically gives applicants and the schedule cannot be maintained for every project. Alan Richman, planning director, told Council there was some staff delay. Scheduling a special P & Z meeting will get this application to Council September 14, which is the original time it was scheduled. Mayor Stirling said Council did give Rubey park preferential treatment. Councilman Isaac said this is only six days, and the project would have been scheduled for September 14th. Harvey said the building department will not review these plans until he receives GMP approval, which adds more time to the process. Councilman Gassman said staff may have held the project up but has done something to atone for it with the special P & Z meeting. Councilman Gassman said the complaints may be true but are not specific to this project. Councilman Tuite moved to continue this meeting to September 8th for this project. Motion DIES for lack of a second. CO~N~I,-i~E NT~S 1. Mayor Stirling moved to add boards and commissions appoint- ments to the agenda as VII (1); seconded by Councilman Gassman. All in favor, motion carried. 2. Mayor Stirling reported the city has received a letter from Intofel partners withdrawing from the contract on the Red Roof Inns because of structural problems. Mayor Stirling asked for an opinion from the city attorney that this is in keeping with the guidelines of the contract and whether the city should return the earnest money. Mayor Stirling said Council should initiate a process to determine what uses the Red Roof should have that are for the best interests of the community Councilman Isaac said he talked to Steve Conger, one of Infotel partners, who said they may still be interested in the Red Roof. City Attorney Taddune told Council Infotel met the time periods of the contract. Taddune told Council f urther discussion of the contract and the letter from Schmeuser would be best done in an executive session. Mayor Stirling moved to add this to the agenda as VII (m) if there is time; seconded by Councilman Gassman. All in favor, motion carried. 3. Mayor Stirling said this is one of the lowest snow pack years the valley has had. Mayor Stirling said the Roaring Fork river is getting very low. The Salvation ditch pulls water off the Roaring Fork before it gets to Aspen. Mayor Stirling said by October there may be nothing but a trickle coming through town. Mayor Stirling told Council he has met with the president of the Salvation Ditch company to see if there are some ways the city 3 Regtxl-ar--M~e-ti-rrq-----------__._ __.D--Ci-tv--Co-uYrc~i~: __. ___..______.puat~st. 2~~-; .._.1.987 can work on this. Mayor Stirling said there may be some ways the city can protect this water on an on-going basis. Mayor Stirling said the Salvation Ditch company has a project going and would like the city's participation and would like to discuss this with council. Mayor Stirling moved to direct staff to look into this Salvation Ditch issue and report back to Council by September 14; seconded by Councilman Isaac. City Attorney Taddune told Council he has discussed this with the city's water counsel, John Musick, who thought the participa- tion by the city in a culvert would be worthwhile depending on what the ditch company would offer in terms of water rights. Taddune suggested resurrecting some negotiations that have been dormant for the past 5 years. All in favor, motion carried. 4. Mayor Stirling asked if the consent agenda was all right with Councilmembers. Council agreed the consent agenda was fine. 5. Mayor Stirling reminded Council there will be a meeting August 25 at 10 a.m. with the Colorado Department of Highways. Mayor Stirling asked if the high occupancy vehicles lanes will be discussed at this meeting. Jay Hammond, city engineer, told Council the highway department is interested in any information on alternatives. Their EIS will be open-ended in discussing alternatives for the highway. Anderson said the county would like the EIS discussion not to get off track about the high occupancy vehicle conversation. 6. Mayor Stirling reminded Council there are work session scheduled for August 26 and 27 on code simplification and August 31 with the restaurant association. The city hall open house will be August 25th from 3 to 7 p. m. 7. Mayor Stirling said in April Council asked public radio to switch f rom Greeley back to Wyoming. Mayor Stirling asked if Council had made city-funding conditioned upon that change. Sy Coleman, public radio, said he is unaware of such a request. Coleman said he would have objected to a specific change in programming. Coleman told Council the only program carried from UNC is from 8:30 a.m. to 11 a.m. Mayor Stirling asked for a summary of the programming on public radio from staff. 8. Councilman Tuite asked that some budget hearings be changed so that he will be able to attend. Council rescheduled Capital Improvement Funding to October 13th and Open Items to October 15th. 4 Re-aud.-ar--i~-e-ti-rrc~-----__. _-----~,srle-n-_C-ity~___C-o-t~nci-1---__ ____ .._ ~n~st g4 ,- -1987 9. City Manager Bob Anderson asked if any Councilmember wanted to go to Denver to pick up the lottery funds. Mayor Stirling said this would be a senseless expenditure of city money. 10. Mayor Stirling said there will be a Colorado Clean Air summit conference on August 28th being sponsored by Senator William Armstrong. Mayor Stirling ref erred it to staf f to see if someone could attend. 11. Mayor Stirling thanked all citizens who applied to the Aspen Skiing Company advisory committee. Mayor Stirling said he had over 40 applicants and has nominated 4 people. The first meeting will be September 12th. 12. Councilman Isaac said there is a letter in the packet from Kris Marsh, Aspen Foundation, requesting the city participation in an economic study and to contribute $1,000. Mayor Stirling suggested this be included in the request f or funds from the ARA later on the agenda. RF'~~r--gUPP~LI~TA~- -APPRf7FR-IA-T-I~N - Rubey Par k Bruce Abel, general manager RFTA, told Council this is a supple- mental appropriation for the Rubey park project. Abel told Council RFTA staff presented the conceptual plan to the RFTA board with a cost estimate of $285,000. The RFTA Board approved the concept but felt if the budget were set lower it would be a notification that the desire was to have the contract come in lower. Abel reminded Council the Rubey park plan has been through the approval process, and the architects have advised that the project budget should be $300,000. This resolution has been approved by the RFTA Board and the BOCC. Councilman Gassman moved to approve the supplemental appropri- ation for RFTA; seconded by Councilman Isaac. Abel told Council th i s money i s coming f rom the capital project budget . All in favor, motion carried. Assistant City Manager Mitchell told Council last week the Aspen Mountain Lodge project paid $25,000 as part of the PUD agreement, which monies were to go toward the study of Rubey park as a transportation center. This study was done by RFTA. Staff wanted to inform Council of this payment and to make sure Council has no problems receiving the money and applying to toward Rubey park improvements. Councilman Isaac moved to accept the 525,000 and send a letter of 5 1-ar---i-n_cr-________.--------~s~e-rr__C-i:.tv.~~nc-.i- _----._ -_..---~,uaust- .2~4-. _1-987 acknowledgement to the Aspen Mountain Lodge; seconded by Council- man Tuite. City Attorney Taddune pointed out there is a certain amount of estoppel ramification; if Council accepts the money the assump- tion is that the approval previously granted is still in effect. Taddune said it will be more difficult for Council, in the future, to deny a request or to take a position that the develop- ers are not in compliance with the approvals. Mayor Stirling said this is premature and there are other factors for Council to consider. Mayor Stirling said the Council should not officially receive the money until they see what happens in the next month. Taddune told Council the Aspen Mountain Lodge has applied for a GMP extension; the planning office is evaluating this for the September 14th agenda. Councilman Isaac withdrew his motion. E?€~I?i-N R-i-~-Off`--i-g-S 7- F 10o d P1 a i n Mayor Stirling opened the public hearing. City Attorney Taddune asked Council to continue this because the FEMA director has been on leave and his office has not been able to make clarifications. Mayor Stirling moved to table Ordinance #32, Series of 1987, until September 14, 1987; seconded by Councilman Tuite. All in f avor, motion carried. O~~?I-NA~~-#-~-~; S~I~---flg X87 - Pisten Bulley Agreement Mayor Stirling opened the public hearing. City Attorney Taddune distributed a complete version of the new agreement with the clarifications and revisions requested at first reading. Taddune said the city will contribute $2554, the county will contribute $6600 and Snowmass Village 55,000 per year. Taddune noted under the use agreement, the city has contracted with the Nordic Council to operate the equipment. Taddune pointed out the city will annually deduct those sums which are the subject of contribution by the city to the Nordic Council that portion of the lease payments made by the city. Taddune reminded Council the Nordic Council could not be a party to the intergovernmental agreement because they are not a governmental entity and bond counsel would not approve the transaction. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #33, Series of 1987, on second reading; seconded by Councilman Gassman. 6 R~gu r a~r---I~et i~nu---- - -- ---_._p~-s~n ---C-t~ --Co-tm-c.i-}- -. _. _ __ _.. -- --Au as s t _ 2 ~-.- _l 9 8-7 Councilman Tuite asked if the city is picking up the insurance and maintenance on the Pisten Bullys. Craig Ward, Nordic Council, said the Nordic Council takes care of the maintenance. Councilman Isaac said the city is discussing with the Nordic Council taking over the trails. Councilman ~ Isaac asked if this will change the relationship in this agreement. Assistant City Manager Mitchell said this will not effect this ordinance, and will be discussed during budget time. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. p~ fig-- -~E-i~-~--p~`---~ 9-8'~ - Annexing East Meadow/ Ju k at i Assistant City Manager Mitchell said this meets all statutory requirements. The zoning ordinance will be on the September 14th agenda. Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #36, Series of 1987, on second reading; seconded by Councilman Tuite. Roll c all v ote; Councilmembers Gassman, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling asked the status of Mountain Valley annexation. Mitchell said there is a committee of the homeowners' association looking at the zoning impacts. As soon as the city hears from them, the city will pursue annexation. pRH-~i~iL~-#3-8 ; --~E`R~~-E-S---f-~F--~~$-7 - Amending 7 2 Hour Parking Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #38, Series of 1987, on second reading; seconded by Councilman Isaac. Councilman Gassman said traditionally cars have been towed only if there is a complaint and asked if there is a change in that policy contemplated. City Manager Bob Anderson said this depends on the area and time of year. Anderson told Council this is an attempt to give the city some revenue from cars towed under the 72 hour statute. Councilman Gassman said if this is going to pay for itself and the city is going to pass an additional regula- tion, then it should be enforced. Anderson said this does not encourage or discourage tickets. If Council wants to set a 7 trier---Mc-~e~t--rrrcr-.--_~._~____...__A-s~~n~--E--tv__-_Crru-nc-i-~ ------ ----- -Atxaust._-24 , _1.98 policy of towing only on complaints, that can be done. Mayor Stirling said Council sets the tow fees during budget hearings. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Tuite, yes; Mayor Stirling, no. Motion carried. Cf}~P --~E~--A~fi~i~i~ ___PM__~._ -CCti~RO~ -Sg`RA~`E~~iE-S Mayor Stirling said the city of Aspen has been placed on a list published by the EPA of towns violating the PM 10 standards. The city is required to have a plan put together by February 1988. Lee Cassin, environmental health department, reminded Council they had asked staff to analyze strategies to see which would be the cheapest to implement and which would have the greatest effect. Ms. Cassin told Council staff took a list of strategies received from Council, Clean Air Board, volunteer clean air group, and looked at all of them. Ms. Cassin said she would 1 ike Council to eliminate some of the strategies that are not worth looking at further and emphasize some for staff to do further work on. The strategies are installation of gas logs in all existing fireplaces; installation of gas appliances, which is replacing all fireplaces by natural gas fireplaces; voluntary odd/even no burn program; installation of catalysts in existing stoves; replacement of existing stoves with certified stoves, use of harder street sanding material, paving of unpaved roads, electro- static precipitators in restaurants to apply to charbroilers in existing restaurants, installation of heat pipes under Main street to make Main street a snowmelted road, bus only or high occupancy vehicle lane. Ms. Cassin said some of the strategies looked at had an insignificant benefit, like mixing salt with sand, an auto inspection program and requiring an emissions inspection each year of cars to make sure their emissions are minimized, oxygenated fuel to require that gas stations sell cleaner fuel, prohibition of open burning means no burning permits would be issued, requiring dry wood, smoking vehicle program. Ms. Cassin presented a graph "pollution reduction possible" which shows for each strategy how much that strategy could reduce pollution. Ms. Cassin pointed out if the pollution source has an insignificant impact on the PM10 levels, there is no potential for improving the standards by eliminating that source. The other component of the graph is how technically possible these strategies are to accomplish. The graphs shows which strategies are a large part of the problem and for which there is a large potential for having an impact. Ms. Cassin said the strategies with little impact could be done and could be done with little cost. 8 ~q~- -------------A-.rr--C i-tp. _. E.~c~l _ _ __. __ _._ p~u o.u a~ 2-4 ; - 3.9 87 Suzanne Caskey, clean air board, pointed out that placing catalysts in existing stoves gives a certain number of hours of protection but after a certain time it does start losing protec- tion. Ms. Cassin said this is still more effective than having nothing in the stoves. Adding catalysts is never as effective as installing a clean burning stove. Ms. Cassin said she would like Council to pick 5 strategies with a great effect and then work on implementing these . Mayor Stirling asked how staf f determined some of the strategies on the graph. Ms. Cassin said the two questions in determining this are how much PM 10 road sanding causes, for instance, and second how much a high occupancy vehicl e 1 and would reduce traffic. Ms. Cassin said these numbers are all estimates. Ms. Cassin told Council staff is about to do an new emissions inventory, which is how the city has traditionally figured out the sources of pollution. The staff does actual traffic counts, counts of stoves and fireplaces. The EPA does laboratory testing to figures out how much each car pollutes at specific speed and temperatures. Mayor Stirling said the D~nve~r---#~ost has an article saying that oxygenated fuels could eliminate an estimated 300 tons daily or 14 percent of the carbon monoxide in the Denver area. Ms. Cassin said oxygenated fuels could have the same effect here; however, this is just looking at PM10 not carbon monoxide. Councilman Tuite asked how many kilograms have to be removed to get off the PM10 list. Ms. Cassin said the city needs to remove about one-third to one-half. Ms. Cassin told Council the state health department is going to look at Aspen's emission inventory numbers and will do a model which simulates the pollution levels given all the sources. The health department will predict how much this has to be reduced by in order to come into compliance. Ms. Caskey pointed out the health department will require that the city look at reducing toxic pollution first. Ms. Cassin told Council a requirement of the EPA approving the city's plan is to address the toxic PM10 materials first. Ms. Cassin told Council the state health department is going to do the work to update the emissions inventory from 1982 to get the current sources of pollution. The state health department will do the computer modelling to tell how much the city has to do to come into compliance. The state health department will give money for the emissions inventory, for the woodburning survey. The state health department will put together the plan to be submitted to the state and the EPA. Jim King, state health department, told Council the plan will be approved by the air quality control commission, signed by the Governor, and then submitted to the EPA. Ms. Cassin told Council the deadline f or 9 -ar--~e~e~t~.~----~ _ --~Ae-n--~ity_ C~urr~il_______. _____-~q~st--~~.._. 9~7 the city getting the plan submitted to the air quality control commission is February 1, 1988. Ms. Cassin told Council in the cost benefit analysis, she looked at the money someone would have to spend to reduce a pound of pollution. These costs are annualized. Ms. Cassin pointed out from the graph that building a parking structure is an expensive way to eliminate PM10 pollution. The least expensive strategies to get rid of a certain amount of pollution are voluntary "no burn" strategies, which are inexpensive but may not have much impact; harder sand; putting catalyst s in existing stoves and replacing existing stoves with certified stoves cost very little to have a significant impact. Gas logs and gas appliances save money over the lifetime of the unit and reduce pollution by the greatest amount. Ms. Cassin pointed out the initial capital outlay for gas logs is about $750. Ms. Cassin noted some strategies which will have an insignificant on PM10 which include adding magnum chloride to sand to make it less dusty, auto inspection programs, prohibitio n of open burning. Ms. Cassin listed the strategies in order of the least expensive initial cost to give reduction in pollution. Ms. Cassin said this list does not change the ranking of the strateg- ies. The least expensive are the voluntary "no burn" programs. Ms. Cassin also listed strategies which can be done by the city, county or state without enacting laws. Ms. Cassin said these are low on the list of strategies that have an effect or they have a high cost. Ms. Cassin listed strategies by the toxicity of the pollution they reduce; installation of gas logs in existing f ireplaces; installation of gas appliances; voluntary "no burn" programs, putting catalysts in existing stoves or replacing stoves with certified devices; putting precipitators on restaurant char- broilers. Ms. Cassin said a small extent of reducing traffic would help; however, the main impact of cars on the PM10 is the sanding of the streets. There are also strategies which address non-toxic pollution, like using harder sand material; flushing sand off the streets, mixing salt with sand, installation of heat pipes under Main street, and paving unpaved parking lots and roads. Ms. Cassin stated the six strategies with the greatest possible pollution benefit are, putting gas logs in existing fireplaces; replacing fireplaces with gas appliances; replacing uncertified stoves with certified stoves; putting heat pipes in Main street, putting catalysts in existing stoves and flushing the streets at least twice a week. Ms. Cassin also listed the five strategies with the cheapest cost f or the amount of pollution reduced; gas logs and gas appliances, replacing dirty stoves with certified 10 F~cra-l a r--l~e-e~t rrg-~ --- ---- ~e-n---C sty- --C~txrrc-i ~------_-- __ _____AU cru-s~t --2-~;- _ ~ 9.8 7 stove; catalysist in existing stoves, and a voluntary "no burn" program. Ms. Cassia said a match on these two lists have the greatest impact and are the cheapest. Councilman Isaac asked if these five strategies were implemented, would the city be out of trouble with the EPA. Ms. Cassin said if all the fireplaces and/or stoves were replaced, that would solve the problem. The city has to be in compliance with the EPA standards by May 1991. Jim King said the state health department will be able to give the city more specific information when the emissions inventory is done and run through the computer models. King told Council it looks likes fireplaces are about one-third of the inventory currently. The gas logs gas fireplaces alone may solve the problem. Ms. Cassin told Council staff is not recommending catalysts as a strategy when the other option available is to replace stoves with certified stoves. Catalysts can have anywhere from no reduction to one-third or 50 percent improvement of the pollution. Some people would be spending money to have no effect on the pollution at all. Ms. Cassin summarized the main contributors to the problems are fireplaces, stoves and road sanding material. Ms. Cassin said staff has never done an emissions inventory that looked at PM 10 material. Some sources put out more big particles and less little ones; how ever, there will probably not be a change in the ranking of the problems. Mayor Stirling asked if the Clean Air Board has a recommendation. Ms. Caskey said they did not have a chance to review this memorandum. Councilman Gassman said the city is currently spending X4600 annually on road sanding, and the memorandum estimates the cost goes from $4600 to 51,100,000. One of the reasons for this cost hike is the anticipated $72,000 a day for antifreeze. Councilman Gassman noted that the engineering department dismisses anti- freeze. Councilman Gassman asked what the costs would be to clean the streets twice as much. Ms. Cassin said staff looked at cleaning the streets every two weeks instead of twice a week. Ms. Cassin said if the streets are cleaned on a regular basis, you have to use something besides water to put on the streets. Mayor Stirling asked about the toxicity of the antifreeze. Ms. Cassin said that is another problem. City Manager Bob Anderson said he has examined this and there may be some more days the streets can be cleaned. Anderson told Council he asked the streets department how many days is the city flushing compared to how many days it is possible to flush. Anderson said it freezes every night, which has a residual effect on the temperature of the pavement. Anderson said until every- thing comes to a certain temperature, it is prohibitive to flush. In the afternoon, the temperature drops quickly and flushing the streets would create an ice sheet. Anderson said he doubts there 11 R~e-c~u~.-ar--M~e-etin-a~-__-___--.------ -1~e-ir--C rty-_ -f;i 1__ -___. _ _ _ __.. ~s t _--2-~,~ - -i-9.8-7 are twice as many days the city can flush the streets that they have not been doing it. Councilman Gassman said last winter it seemed that the city cleaned Main street one out of every 5 or 6 times it could have been cleaned. Anderson noted the streets department feels there are not twice as many times with the potential to clean the streets. Councilman Gassman said the major part of the cost seems to be the use of anti-freeze. Anderson pointed out when the streets are flushed and cleaned in the summer, it is done early in the morning and there are no cars parked along the side of the streets. The difficulties of this in the winter are the frequency of cleaning the streets and that there are cars parked along the streets which make it hard to sweep up the flushings. Anderson said the Council may consider prohibiting parking on the major streets at some time. Anderson said Councilman Gassman feels the city is not flushing as often as they can, and the streets department feels the city cannot flush as many days as double. Ms. Cassin said the next step is to have Council agree on six strategies that can be pursued. Mayor Stirling said Council can make a tentative decision on these strategies during the budget time. Councilman Isaac said the items that are most beneficial to the community have nothing to do with the streets. The city can take care of the PM10 problem and leave the street operations the way there are. Councilman Isaac said he would like to continue looking for a harder substance to sand the streets. Councilman Isaac said the real problems lie with the fireplaces and it is incumbent upon Council to work towards implementing a program to take care of fireplaces. Ms. Cassin said if Council wants to get gas logs in all fireplaces by May 1991, their choices are to order everyone to do it; the city pays for everyone to do it, the city gives tax incentives or low interest loans. Ms. Cassin said staff will be present Council with these type of options by budget time. Councilman Isaac moved to have the environmental health depart- ment evaluate the 4 alternatives (installation of gas logs, gas appliances, replacing stoves with certified stoves and catalysts in existing stoves) plus different substances f or sanding the streets and have them ready for budget hearing on September 15th as well as investigating procedures for flushing the streets; seconded by Councilman Tuite. Councilman Tuite said he would like to have some feedback from the ARA and lodging and condominium associations. All in favor, with the exception of Councilman Gassman. Motion carried. 12 Y ~~~~~ ~~f~ ~L irfiT City Attorney Taddune presented a lease agreement f or use of the Marolt house as a day care center by Ruth Stone. Taddune told Council there are extra provisions in the lease for unloading of children. Taddune presented a memorandum in an effort to compute a rental price. Ruth Stone paid $610 f or 1,000 square feet last year. Tim Vanatta's lease of the Marolt lease required a payment of 5900 per month. P & Z felt very strongly that any revenues generated from this temporary one-year use should be allocated to the open space fund. Taddune noted the P & Z approved this on an emergency basis due to the lack of day care facilities in the community. Ruth Stone told Council Tim Vanatta also exchanged some services with the city for a lower rent structure. Ms. Stone said she would be willing to do that also. Ms. Stone pointed out a professional security service for the property would cost the city 5300 a month. Ms. Stone said a reasonable off set for her would be 5100 a month for caretaker services, like lawn care. Ms. Stone said there is a large fence that is in bad shape, and she would be willing to paint it at a fee of 51,000. The exterior window sills are in bad shape, and Ms. Stone would be willing to do that for 5200. There is an exterior door that will not open and fixing it would be worth 5100. Ms. Stone said she would exchange 52500 worth of services to offset the 5900 per month rent. Nick McGrath said Vanatta paid 5500 a month in cash and 5400 in services. Ms. Stone said is the city accepts her 52500 services, the monthly rent would be 5691. Taddune noted the previous rent Ms. Stone paid was f or 3 days a week; this lease is requiring 5 days a week between the hours of 8:45 a.m. and 4 p.m. Ms. Stone said she is concerned about the Tuesday/Thursday requirement and would like to enter into that in good faith. Ms. Stone pointed out it is two weeks before school starts, and she is nervous about the number of parents that might need that service. Ms. Stone told Council if only 5 children require that service, it would cost 5100 a day to run that program. Mayor Stirling asked how this is being described. Ms. Stone said a day care center includes a preschool. McGrath noted the city' s zoning code only refers to day care center. Ms. Stone told Council she has no Tuesday/Thursday children enrolled. There are 37 children enrolled in the other program. The school limited to 40 children. This is an arbitrary figure that P & Z agreed with. Ms. Stone told Council the house will accommodate more than 40 children. 13 ~l A-u~aust__ ~~ ~- _ 987 ~s~e-n -~-rtv---~rrcz i-_ __-. -_ ___ -- Mayor Stirling noted in the original discussion, Council did not bring up dates and times of operation. Mayor Stirling asked if this issue was addressed at P & Z, using a public facility f or less than a broad need. Ms. Stone said she addressed this at P & Z and is prepared to shift staff and hour s to do f ive days a week. Ms. Stone said at this late date, there could be an evaporation of children for this need. Mayor Stirling said Ms. Stone needs to broadcast that Tuesdays and Thursdays are avail- able. Mayor Stirling asked why the school should not stay open until 5 p.m. Ms. Stone said she will be open until 5; however, due to the traffic considerations, it seems the safest t ime t o pick up children is at 4 p.m. Mayor Stirling said the lease should reflect that the day care center will be open until 5 p.m. Councilman Isaac said there is a traffic problem with people turning onto highway 82. Councilman Isaac suggested having a police person at this intersection. Ms. Stone showed a map of families that use the day car center and the most significant number of famil ies 1 ive west of town. Ms. Stone told Council she has agreed with P & Z that it is fine to put a no left turn lane at this intersection. Ms. Stone told Council she has committed to finding a new, permanent location for the school. Councilman Gassman said he is opposed to this and to the land use issue. Councilman Gassman said this is a private business. Councilman Gassman said he does not question the argument that this f ill s an important community need. But any successf ul business fulfills a community need. Councilman Gassman said if Council approves this, they will have a difficult time turning down other business requests for use of city property. Council- man Gassman said this is treating one business different from other businesses. This is giving preferential treatment to one type of business at the expense of everyone else, and that is not the role of the city. McGrath pointed out that society has always treated schools and hospitals differently than other businesses. Schools and hospitals are tax-supported. McGrath said there is adequate room for Council to decide this is a school, and schools are treated differently. All people, whether they have children or not, pay taxes for schools. McGrath said Ms. Stone will be paying rent for this facility. ion Mulford, PCPA, said they are opposed to this proposal because of the conflict with open space. Mulford said the Charter prohibits the use of open space land for anything except their historic use or open space. Mulford said this use is far different from a residential use, which is the historic use. This is a business use. Mulford asked who was to be responsible for the snowplowing. Taddune told Council the streets department 14 _ _.__.._ _--~-s~E rr-_C-~i tv_._~txn c~ ~__ _- --_ ~-- - ~;uurrs t _ _~.4_ ,_ _ -1_ ~ will plow this road because of access to the rear of the parcel. Mulford said this lease should be written to terminate in June as this school does not operate in the summer. McGrath said they are not opposed to an earlier termination. McGrath said their understanding is that the streets department does plow this road, it is necessary for storage. McGrath said it would be a great expense f or Ms. Stone to have to plow this road, and it is a marginal expense for the city. McGrath said they would like that clause in the lease changed. Councilman Isaac moved to approve the agreement at a rent of $900 per month for one year and have that amount adjusted by the amount of improvements made to the premises that are of a permanent nature and to be decided by the city manager. Councilman Tuite said the city is not sure what they are going to do with that house and anything of a permanent nature may be destroyed. Councilman Tuite said any improvements Ms. Stone may do are improvements she needs f or her operation and she sho ul d pay for those improvements. Taddune pointed out this lease was written to be a one year lease, and Ms. Stone is given the opportunity to terminate the lease upon 30 days notice in the event she finds another place to provide this community service. Councilman Tuite said he does not want to see any improvements in 1 ieu of rent. McGrath said Ms. Stone has also discussed the value of caretak- ing, based on the prior lease. The prior lease was $500 cash and $400 for services. Ms. Stone is proposing $700 in cash and $200 in services. McGrath said it is fair to be consistent with past practices. Ms. Stone said she will be taking care of the lawn and will be on premises as a deterrent to vandalism. Ms. Stone told Council the number of children, 40, was an arbitrary number to keep the quality level. The building could accommodate 60 children. Mayor Stirling said he would be willing to change the number of children allowed to 50. Ms. Stone said $900 is fair market rent and not a subsidy for preschools. Councilman Isaac moved to approve the agreement with a rent of $900 a month, allowing up to 50 children, the lease term to be September 1, 1987, to September 1, 1988, the hours of operation will be f rom 8 a. m. to 5 p. m. ; the city wil l provide snow plowing as the city has historically done; seconded by Councilman Tuite. Mayor Stirling said one issue is child care as being a greater community need. Mayor Stirling questioned if this service will provide a broad service for the whole community to warrant using a public facility for it. Mayor Stirling said the open space issue is also difficult. Mayor Stirling pointed out the city has 15 ~' istv-_ -~~ortxrrc_i l-- __- _ _ __ __ --Auct~x st-_ ~ 2-~ , _ -l_~ 8~ no Marolt plan and has not determined how to use the property. Mayor Stirling said this is an interim use and does provide a service. This is a private business. The Council has come a long way in order to reach a compromise. This is a compromise that does service the community. All in favor, with the exception of Councilman Gassman. Motion carried. Joe Wells noted the site is zoned SPA overlay, and the staff took the position that there is an exemption procedure in the Code. Wells said some citizens are concerned about the city's steward- ship of open space, and the city's inability to eliminate temporary uses, and these citizens are not comf ortabl e about the city proclaiming there is an exemption from SPA, which only requires an exemption review from P & Z. City Attorney Taddune told Council staff took the position that the SPA and PUD provisions apply to this application. The planning office found a way for the P & Z to grant certain exemptions to make it possible for this application to proceed. Taddune said it is his position that Council's approval of the lease approved what the P & Z has done regarding the land use. Taddune said in addressing the community need, Council and P & Z have not been ignoring the very significant land use considerations. This application should not stand as a precedent that the zoning regulations do not apply. ST~L~E'~--~~Ai~fi~i~1~ Jay Hammond, city engineer, said staff has been seeking alterna- tives to sanding the streets and the dust that it creates. Some options are an improved sanding materials, acquisition of sweeping and flushing equipment to improve on the current situation, expanding and improve the existing shop facilities to allow for storage of flushing and sweeping equipment, or tem- porary heated storage for the equipment. Hammond told Council staff has located a material in Denver cal 1 ed a black monz anite owned by a paving contractor . Staf f contacted the company, who ran an abrasion test on the material. The test results were not encouraging; the material was low abrasion resistance and comparable to some earlier materials used of a volcanic origin. Hammond presented white coarsite, a sample of material available in this area. The material has been sent to Chen & Associates for abrasion tests. Hammond said when the results are received, staff will look at this material as a possible replacement. Hammond told Council the city will acquire a new flusher in 1987, for which there is financed-funding available. Hammond told 16 -~-s-~e-nr--~i~tv-_~-_otxn~-i_i__. _.. __. _-~___,~,.,rm-s.t..__2.4-: 3:-57 Council a new flusher will not be significantly more effective than the existing flusher. One of the reasons to replace the existing flusher truck is the noise from the pump, which has caused some complaints from residents. Hammond said there are some sweeper trucks that are more effective than the present ones. One of the drawbacks of the present equipment is that it has to be unloaded onto the ground, scooped up and the material hauled away. Hammond said there is new equipment where the hopper can be raised high enough to be dumped into a truck. Hammond reminded Council they have discussed the existing shop facility. Staff is requesting in the capital improvement budget funds to go ahead with renovation and improvement of the existing shop and site. Hammond said there is the possibility of building interim heated storage to provide heated storage for the flushing and sweeping equipment. Hammond pointed out earlier Council was discussing using anti-freeze in the flusher equipment. Hammond suggested heated storage for that equipment would be more effective in the long run than anti-freeze. Hammond noted heated storage gives added time in being able to keep the equipment charged, full of water and ready to go and would give a few more hours of use. Councilman Tuite asked at what point does the sanding material start tearing up the streets. Hammond said staff anticipates that a 20 percent improvement in the hardness of the material will result in a 7 percent improvement in the dust characteris- tics. Hammond told Council he does not feel tearing up the streets is a danger. The material migrates to the edge of the road. Hammond told Council the cost of mining, hauling, getting access to some local materials will cost 5 times what is paid for the current material. Lee Cassin, environmental health department, asked if there were a heated storage facility how many more days could the city flush in the winter. Hammond said an interim heating storage facility would cost about $150,000 and could be constructed in 30 days. Hammond said with a heated facility, the staff could add 20 percent to the available day as well as add perhaps 20 percent of days during the year when the streets could be flushed. Hammond told Council the available day is effected by the time required to charge the equipment, fill the tanks. This procedure adds two hours to the available day. Councilman Gassman said it seems that using anti-freeze would be the same usefulness as a heated storage facility. The estimate of using anti-freeze is $1,100,000. Hammond said the use of anti-freeze is based on the assumption that the city continue s not to have heated storage. Hammond told Council the drawback of using anti-freeze is that in a potable form it is 75 percent 17 ~.-4-: --~-~8-~ ---------- --ape-r,--G-,.-ty---C~tzrrc rl___.___ __ ___._~.~-- anti-freeze in a 3,000 gallon tank. Ms. Cassin pointed out that trucks stored inside still requires a certain temperature to flush; with anti-freeze one can flush at a lower temperature. Councilman Gassman said he feels the city can clean the streets more often in the winter than they have been doing. Councilman Gassman said a proposal like this lases something from the simple idea to the reality of actually carrying it out. City Manager Bob Anderson told Council he is personally committed to clearing up air pollution in Aspen. Anderson said staff has put a lot of research into this problem. This is not a simple problem, and an answer has not been found yet. 3i~6~- Chuck Roth, engineering department, told Council staff looked at 22 different sites. The memorandum outlines each location with comments on additional costs to each site. Roth said the best recommendation is either the current site or the county land by the sanitation district developed properly so that the impacts are mitigated. Each site would cost between 5150,000 to 5200,000 to be developed properly. Roth said comments have been that the current site could be better used f or other purposes. The sanitation district site does not have people walking by it; it could be screened. Roth said there is employee housing at the sanitation district that would be close to this site. Mayor Stirling asked if staff has asked the county permission to use this site. Roth said staff has not. Councilman Gassman said the site is screened f rom the r fiver and f rom the street. A snow dump site here would have a big effect on the residents at the sanitation district. Councilman Gassman said he would like to have staff investigate the use of this site as a snow dump. Councilman Gassman asked if the staff has looked at excavating a site for a snow dump and using a hole rather that going up. Roth said this would be an alternative to look at. Ground water could be a problem . Councilman Isaac moved to have staff look more into the county land next to the sanitation district and to see what kind of restrictions are on the property, preliminary to hiring anyone, and to see what the impacts would be on the sanitation district and to bring that back by September 14th; seconded by Councilman Gassman. Roth pointed out this land would have to have stream margin review, it may have some Army Corps jurisdiction on it, there may be some wetlands. Councilman Isaac said he would like to see a map of this site, to see who lives within 500 feet, and if the county allow this use. Mayor Stirling said he is not wild about 18 A-swe-rr. -~itv--~o-u-rr~c- ~.-_ .-__.__._ _ __-Au~~-~-t- _ ~.;~ ;---~ g8 piling snow anywhere. Mayor Stirling said he would like Council to consider a capital cost of a snow melt system. Councilman Isaac asked if this site is large enough to handle the snow dump. Roth said it appears to be 3.5 acres; the current site is 3 acres. Roth noted there are willows on site and some river on the site. All in favor, with the exception of Mayor Stirling. Motion carried. ~- A-~-~ F`~S - Ai rpo r t Jay Hammond, city engineer, stated if Council is inclined to waive this tap fee that it be reimbursed from the general fund as has been done on recent occasions. Hammond noted staff has looked at past history of supporting community projects with waivers of tap fees. Hammond said the majority of the functions at the airport are not non-profit; however, clearly the airport is a community facility. The bond costs for this project will be retired by the airport user fees and is not a county taxpayer expense. The county is contributing over $100,000 to cover the employee housing needs of this project. This money will be their contribution to the senior assisted living center. Hammond reminded Council the city did waive the tap fee to the senior assisted living center of $86,700. Hammond said the request is to waive a tap fee of $67,000 at the airport. Hammond said there are some alternatives, like conditioning this on the acquisition of county property adjacent to the sanitation district. Hammond told Council the county has been discussing acquisition of the airport ranch, which has water rights associated with it. Hammond said the city may consider a request a condition where by 567,000 waiver could be considered a credit in the future for negotiations to acquire these water rights. Hammond noted the acquisition of the airport ranch creates the potential for a tank site in the airport area. Hammond told Council staff has been discussing the need for a large water storage tank in this area. Hammond noted the airport and airport business center are fed by a single large diameter line. There is no storage in the area, and if the feed along the highway were lost, these areas would be out of water. Hammond suggested the county also approach Snowmass for a contribution to this project. The final alterna- tive is that this fee be paid over time. Tom Blake, county commissioner, stated this project is one of the most important one of the last few years. Blake told Council the county is adding 17,000 square feet to the airport at a cost of 52,400,000. Blake noted the airport is a main source of com- plaints to the community and the problem is being exacerbated every year by increased air travel. Blake said financially the 19 ' - .- -~s~e~n---~i-t~-._ -~o urrc i __-._ _-_._ _____.-A-urrtxst_ _2-~ ~. _ ~i 9 S-7 airport expansion is getting to be a problem, and they are having a problem with the $2,400,000 user funds. Blake said he feels the water tap fee contribution by the city could be fairly painless. Councilman Isaac said he would be interested in paying the water tap out of the general f and and having the county pay the city back in 5 to 10 years. Councilman Isaac said the water fund is in a critical state. Councilman Gassman asked if the theory behind water tap fees is that the tap f ee pays f or the level of increased service, is there increased level of service at the airport and a cost to the city. Hammond said the city is endeavoring, through tap fees, to retire the debt on the existing system. Hammond said the mechanism f or charging tap fees puts a demand consideration on the facility and fixtures that are added. Hammond pointed out in the short term the added facilities will not be used to their capacity. The tap fee is the one time opportunity to cover the capital investment the city has in the water system to the ultimate ability of the new facility to handle additional customers. As the airport use grows, the city will not have the opportunity to go in and get tap fee revenues. City Manager Bob Anderson pointed out the city has based the water management plan on the philosophy of retiring the debt on what has already been built. Mayor Stirling said there are things the city provides that benefit the entire area. The airport also benefits the entire area. This request taxes city residents for a county project. Mayor Stirling said Council needs to think about where they could better spend $67,000 on some project that is a community-wide benefit. Blake said Aspen would like to stay competitive as a resort area. There are now 4 different resorts with direct flights. Blake said it behooves everyone to make the reception area for in-coming flights the best that is possible. Anderson reiterated that payment for this tap fee could be consideration of a site for a snow dump, a tank site or water rights acquisition. Councilman Isaac moved to waive the tap f ee f or the airport and pay it out of the general fund and the county pay this back over 5 years; the city will accept as payment cash, water rights, or property that might benefit the city's water department or be used as a snow dump, at no interest; seconded by Councilman Tuite. Councilman Gassman said he leans toward just waiving the tap fee. The airport is an essential service. This is not money out of pocket to the city. Councilman Isaac pointed out the tap f ees have not generated as much money as expected since the water management plan was started. The city has built water treatment plants and has to pay back the bonds. Councilman Isaac said 20 • - - ~ ' --A-s~p~-rr _.-~ rt.,y_C~-uurnc-i 1-___. _ _ _ ____-__ ~Q n st. ___2-4. ~-~g~~ Council needs to be consistent in not totally excepting govern- ment projects and that the city is consistent in what is being asked of the private sector. All in favor, with the exception of Mayor Stirling, Motion carried. Ifi~tE`~HF~E~ Assistant City Manager Mitchell recommended not eliminate the timeshare fee. Mitchell reminded Council this fee used to be $5,000 and this was modified to a fee based on the number of units. The contention of Shadow Mountain is that they have not generated a lot of complaints. Mitchell agreed they have not generated complaints; the only staff work has been to process changes and the annual license. The total timeshare fees are $2540 per year. Boone Schwitzer, Shadow Mountain, told Council the original intent of the timeshare fee was to cover actual costs of the city administration. Schwitzer said his project has taken very little staff time. Schwitzer said his development has contributed in excess of $12, 000 of fees in the last 4 years. Schwitzer said his homeowners are paying real estate taxes and a real a state transfer tax as well as this conf iscatory fee. Schwitzer said his homeowners are very opposed to this fee. Schwitzer told Council there has not been one complaint against the project in 4 years. Mayor Stirling suggested all city time related to a timeshare project be billable time. This could work against a project if something unusual were to come up. Schwitzer said he has no problem with the project being billed on an hourly basis, but he does have a problem explaining the fee current to the homeowners. Mayor Stirling said the fee was originated because of the unknown nature of integral ownership and the effect on land use. Mayor Stirling said the fee has been modified from $5,000. Mitchell said the only problem he sees is in collecting the f ee. Mayor Stirling suggested timeshare projects pay in $500 and the city accounts for their time and gives a rebate on an agreed upon hourly basis. City Attorney Taddune told Council this will have to be modified by ordinance. Mayor Stirling moved to direct the city attorney to bring back to Council as soon as possible amending existing legislation based on the proposal to have timeshare projects pay $500 per year, and that the city staff determine an hourly rate f or handling these projects, and that there be a rebate or additional payment of necessary; seconded by Councilman Isaac. All in favor, Motion carried. 21 ~~}-~- ~ -_-----~-s~rr--arty -G~a~rc-i ~ - ___-_.___ --Atrg~rs.t.- 2-~-: -1--9-87 ~:i~!~Ei~FD-i-i'~--U~`F--~`~---~Id-- f~~i-~ --~fJi~ Alan Richman, planning director, reminded Council they requested a code amendment. Day care is presently a conditional use in historic structures in the office zone. The request was to make it a conditional use in any structure in the office zone dis- trict. Richman told Council the positive outweigh the negatives. This code amendment can be placed into the draft of the new code. Mayor Stirling moved to direct the planning office to include in its work on the revised land use regulations a change to the office zone district use table to make day care a conditional use in all structures and to evaluate the need for other zone district changes with respect to day care; seconded by Councilman Gassman with the suggested amendment that day care be define. Mayor Stirling added that amendment. All in favor, motion carried. Richman suggested that the time share code amendments be done in the same way. I~--~-P-~~R~T-~ - Refreshment S t a n d V o l l e y b a l l Tournament Councilman Isaac asked what if someone else requests to do the same thing. Councilman Gassman said there are concession agreement with vendors all the time. Terry Vibbert, applicant, told Council on Saturday there will be one booth at the Rio Grande field and Sunday and Monday this booth will be at Wagner park. Councilman Gassman moved to approve the standard vendors license for the volleyball tournament; seconded by Councilman Isaac. All in favor, motion carried. - Colorado Ski Country USA Assistant City Manager Mitchell told Council this request is for $1100 for a study to indicate the contribution skiing does to Pitkin County's economic situation. Mitchell said this study is being done state wide and this funding would allow for it to be done in Pitkin County. Mayor Stirling said CAST is making a contribution to the initiated state-wide study. Spence Videon, ARA, told Council this is a great opportunity to get the informa- tion to better understand what is going on in Pitkin County. Videon said the county alone could not get a study for this kind of information for $6500. Peter Forsch, Skiing Company, said this will focus on demographics, economics, taxes, which are important planning tools. 22 ~~ .. ' z iiy -__~_ __As~a~nr-C-i.-ty---Oorurrci ~ _._._ ~..__ _,.._.A.~ ~~.- -1-9.87 Councilman Tuite moved to approve the city' s share of 51100 f or the Colorado Ski Country economic study out ointfavornt motion fund; seconded by Councilman Gassman. All carried. City Manager Bob Anderson said the Aspen Foundation is requesting 52,000, which is basically overtime, to set up the system of the city report sales tax returns in a different manner. Councilman Isaac moved to approve the Aspen Found too$1s000gfrom to change the reporting system for sales tax up the contingency fund; seconded by Councilman Tuite. All in favor, motion carried. Mayor Stirling said he would like Council to consid~h access tto county to press property owners to keep the no Hunter Creek open on behalf of all the people that have histori- cally used this access. Councilman Gassman said he feels it is very important to keep this access and would hate to see any access lost to property that is valuable, to the city. Council agreed to have Mayor Stirling draft and circulate a resolution. Councilman Gassman moved to approve the consent ageSdecial cEvent by Councilman Isaac. The consent agenda is 1) p Permit - Filmfest; 2) Maintenance & Service Agr Lion t#21,Z 1987e Property ; 3 ) Budget Hearing Schedule; 4) Re sol u Residential GMP Quota Not Carried Over; 5) Liquor License Transfers (a) Downtown Sports Center; (b) Cache Cache; (c) Aspen Meadows; (d) Continental Inn; 6) Liquor License Renewal - Aspen Grove Cafe; Smuggler Land Office; 7) Minutes - July 16, 1987. Councilman Tuite moved to suspend the rule and meet for 10 minutes more; seconded by Councilman Isaac. All in favor, motion carried. Mayor Stirling said there are 3 openings on the Clean Air Advisory Board. Councilman Isaac said there are other members on Boards whose terms have expired and suggested Council advertise for these vacancies and interview interested paatiesCouncilman requested this be on the September 14th agen Gassman said he would like to investigate limiting the number of terms a Board member can serve. 23 R~e~atx~ •-~ ~.___ - _--_ _._ ' -----Arr--e-1. --E~un-~r- A~uc~u~s~t~ _2~-,-3-9-87 City Attorney Taddune read to Council from the Infotel contract regarding physical condition, "for the period of 30 days after the effective date, buyer shall have the right to determine to its reasonable satisfaction that the physical condition of the property is acceptable. This contingency shall be deemed waived unless written notice is provided to seller within the said 30 day period in which event this agreement shall be deemed ter- minated". Taddune told Council the effective date of this agreement was July 23 and 30 days from the effective date would be August 22, 1987. On August 20, 1987, Infotel partners delivered a written notice of termination based on the physical condition clause. Infotel partners did provide notice of termination within the 30 day period. Taddune told Council he tried to contact one of Infotel partners to come to this meeting, but no one was available. Councilman Gassman said Council has received a letter from Infotel partners that terminated the contract. Taddune pointed out he tried to get Infotel partners to waive all contingencies, and this was one that they insisted on. Mayor Stirling moved to return the money on deposit to the Infotel group; seconded by Councilman Gassman. Taddune read from the contract regarding the earnest money and when it was due. Mayor Stirling said the city needs to get on with the Red Roof. Councilman Tuite said he would like to see the attorney proceed to see whether the city has good cause for holding the earnest money rather than just giving it back. Mayor Stirling and Councilman Gassman in favor; Councilman Isaac and Councilman Tuite opposed. Motion NOT carried. Mayor Stirling said if Infotel wants this project, they should have negotiated with the city a reduction in the purchase price to get the beams fixed. City Manager Bob Anderson agreed this appears to be an opportunity to stop the project. Councilman Tuite said he would like to see the city retain the earnest money if legally possible. Mayor Stirling said the Council needs to decide the best use of the Red Roof. Mayor Stirling moved to bring the future of the Red Roof Inn on the agenda September 14, 1987; seconded by Councilman Tuite. Councilman Gassman said he would 1 ike to have a public meeting to collect ideas for use of this building. All in favor, motion carried. Councilman Tuite moved that the city attorney look at the situation of the earnest money and give Council a legal recommen- 24 -~ --~ --._...___~_. _2.~ __-1-9-8- elation on how to proceed; seconded by Councilman Isaac. All in favor, motion carried. Councilman Isaac moved to adjourn at 9 : 15 p. m. ; seconded by Councilman Tuite. All in favor, motion carried. Kathryn S. och, City Clerk 25