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HomeMy WebLinkAboutminutes.council.19880111Regular Meetinq Aspen City Council Januarv 11, 1988, PROCLAMATION - Martin Luther King, Jr. 1 PROCLAMATION - Masami Shigeta 1 ORDINANCE #65, SERIES OF 1987 - Non-conformities 4 ORDINANCE #66, SERIES OF 1987 - Lease/Purchase Agreement 8 ORDINANCE #67, SERIES OF 1987 - Modification of Lease Agreement with Roaring Fork Land & Cattle Company . 9 HPC SCORE APPEAL - Amato 9 12 PM10 STANDARDS E I S ENTRANCE TO TOWN 14 ARA REQUEST TO USE CITY PROPERTY - Wine Classic 17 SUBARU ASPEN WINTERNATIONAL PERMITS 17 SALE OF ICE RINK 20 REQUEST FOR FUNDS - GRIP 22 RFTA 1988 BUDGET RECONSIDERATION 23 RESOLUTION #1, SERIES OF 1988 - Calling Special Election 25 INTERIM OFFICE SPACE SOLUTION 25 27 Regular Meeting Aspen City Council January 11, 1988 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Isaac, Gassman, Fallin and Tuite present. PROCLAMATION - Martin Luther Kings Jr. Mayor Stirling read a proclamation honoring Martin Luther King and proclaiming January 18th Martin Lut not ben closed Janua~y Stirling said the city hall offices will 18th. PROCLAMATION - Masami Shigeta Mayor Stirling read a proclamation honoring Masami Shigeta and the work he has done promoting tourism between Aspen and Japan and appointing him Aspen's official ambassador by Council and the ARA to coordinate tourism and resort development. CITIZEN COMMENTS 1. Jean Walla addressed Council about the proposed move of the child care center at the Community Center to the basement of that building. Councilwoman Fallin said that is the county's decision to make. Councilman Isaac said Council could make a recommenda- tion to the Commissioners about this. Ms. Walla said the basement is an inappropriate space for children to spend the maximum part of their days. The present location upstairs is homey, the basement is away from the playground, with no kitchen and washing machine. Ms. Walla pointed out the county would have to pay for two renovations if this move were to be done. Ms. Walla said there are 21 steps to carry the children to safety in case of a fire. City Manager Bob Anderson said the item on the agenda, Interim Office Space Solutions, is a request for funds to have an architect look at the Community Center to see if renova- tion is feasible. 2. Len Olender, chairman of the Aspen Sister Cities Committee, noted that Aspen does not have an official flag. Olend er requested Council consider adoption of an official flag. Olender said the ARA has proposed to put together a competition for flag proposals. Mayor Stirling said this is a good idea that is long overdue. Mayor Stirling requested this proposal be on the January 25th agenda and to have staff work with Olender on this. Olender told Council the first annual sister cities meeting will. be held in Aspen February 6 through 13th. There will be repre- sentatives from Aspen's 3 sister cities and from Japan. 1 Regular Meeting Aspen City Council January 11, 1988 COUNCILMEMBER COMMENTS 1. Mayor Stirling asked about the trolley car in ~ ree maderta City Manager Bob Anderson said a f hem we re overt' lgood . Most of the CCLC, who did not think any o the proposals were in the nature of selling hot dogs. Assistant City Manager Mitchell told Council the CCLC is rCeommThelM.AtAe M.A.A. make a proposal to use it as a ticket offs does not have a location and are requesting totchellh said pt his between the Wheeler and the Mother Lodge. Mi will be on Council's next agenda. 2. Mayor Stirling said he would like to reconsider funding of the architect to work on the Aspen Mountain Lodge project. Mayor Stirling said the architect will be selected by the city and will be controlled by the city. Mayor Stirling moved to reconsider this action and to add it to the agenda as VII (p); seconded by Councilman Isaac. All in favor, motion carried. 3. Mayor Stirling announced that the Colorado Association of Ski Towns is sponsoring the 8th legislative tour in Aspen. The ski towns will be presenting and discussing key issues facing small ski resorts in Colorado with state legislators. Mayor Stirling said a schedule will be circulated to Council. There will be a reception Friday January 22 at 5:30 p.m. at the wheeler. There will be presentations Saturday from 7:15 a.m. to 10 a.m. There will be a dinner at the Crystal Palace sponsored by three local banks and the Aspen Club. Mayor Stirling said there are not quite enough funds to cover Saturday evening. Mayor Stirling asked Council to consider funding up to $500 for this event. Mayor Stirling moved to add to the agenda as item VII (q) a request for $500 from contingency funds; seconded by Councilwoman Fallin. All in favor, motion carried. 4. Mayor Stirling said it is not clear in Bob Anderson's miscellaneous comments if in the reorganization of the leisure services department that Bill Efting keeps his recreation portfolio. Anderson said he does. 5. Mayor Stirling brought up the tech fields and training for the police department. Mayor Stirling asked if this should not be part of normal duty to train other officers. City Manager Bob Anderson said it is part of the regular duties of sergeant and above. Anderson told Council tech fields was in essence a bonus system that has been discontinued. Anderson told Council staff has done research and it is reasonable to pay someone for taking 2 Regular Meeting Aspen City Council January 11, 1988 on the responsibility of training someone over a long term. Mayor Stirling asked if this would be setting a precedent for other departments. Anderson said the precedent was set earlier when the city did the tech fields. This program is reducing the bonus from year round. Anderson pointed out there is no other department where training goes on for a long period of time. Anderson said the special circumstances of training a police officer warrants this. 6. Mayor Stirling said the Friendship races will be here during Winternational. There will be some costs associated with this and he would like the Council to consider contributing $1,000. Mayor Stirling said this is a race inviting two children racers from all over the world and will be in conjunction with the Aspen Ski Club. Mayor Stirling said there will be a small scale ice sculpture, which the city is contributing in-kind contributions. Mayor Stirling moved to add this to the agenda as item VII (r); seconded by Councilman Tuite. All in favor, motion carried. 7. Councilman Tuite said he would like City Manager Bob Anderson to meet with the police and sheriffs department to see if there is anything that can be done to alleviate the traffic on the highway. Anderson told Council he has looked into this, and the state has taken off the controls on the stop lights and they cannot now be operated manually. Anderson said staff does not feel it would work to have a, traffic control person directing traffic at these intersections at night. Councilman Tuite asked Anderson to talk to the highway department to see if it worth- while to have the lights operated manually during heavy traffic hours. 8. Councilman Isaac said at the last regular meeting during a liquor license transfer discussion, he brought up the uses on the second floor of the Aspen Grove building. Councilman Isaac said his recollection was that the second floor was going to be offices and service as opposed to retail stores. Councilman Isaac pointed out through research of P & Z minutes, there was some discussion about that but it was never decided and the elevator was never agreed to. Councilman Isaac said the building department approved a restaurant use on the second floor although it does not meet the code now in existence. 9. Councilman Isaac requested at the next regular meeting a report on how things are going with the Red Roof Inn. 10. Councilman Isaac asked why Masami Shigeta was appointed as ambassador of Aspen and asked if Council shouldn't have been included in that decision. Mayor Stirling said Shigeta was 3 Regular Meeting Aspen City Council January 11, 1988 appointed out an ambassador about 9 months ago to coordinate visits to Aspen from Japan. 11. City Manager Bob Anderson said the Interim Office Space decision is whether the Council wants to spend some money in conjunction with the county in looking at the alternative of making fire safe the second and third floors of city hall and using some other facility. This decision is only whether to spend the money to look at it. 12. Councilwoman Fallin said at the special meeting January 6, 1988, she requested GRIP funding be added to this agenda. Councilwoman Fallin moved to put GRIP consideration of additional funding, phase II as item VII (g); seconded by Councilman Tuite. All in favor, motion carried. 13. Councilman Gassman said at the September 28th Council meeting, he brought up the lack of sidewalk on North Mill, north of Clark's market. Councilman Gassman asked the status of this project. Councilman Gassman said the consensus of Council was that a sidewalk was needed in this area. Jay Hammond, engineer- ing department, reminded Council he reported back this would cost between $12,000 and $15,000. Hammond said the city would have to pay for this because there is no way to force the property owners to pay for it. City Manager Bob Anderson said this would have to be added to the capital improvement program or the 1989 budget. 14. City Manager Bob Anderson said the chief of police is leaving the city employ, which creates an opportunity for discussion whether it is preferable to join with the county in terms of police command personnel. Anderson said his general position is that when anybody leaves, he should look to see what the opportunities are. Mayor Stirling said the, city is meeting with Rich Rianoshek January 18th and this could be a good time to discuss law enforcement consolidation. Anderson said this issue will have to be discussed at some length. Anderson told Council John Goodwin will be acting chief of police. ORDINANCE #65, SERIES OF 1987 - Non-conformities Alan Richman, planning director, reminded Council this ordinance was originally part of the R-6 ordinance and was separated so that there would be a chance to have a public hearing on this issue alone. Richman pointed out this ordinance effects all development in the city. Richman told Council staff reorganized the non-conforming section of the code and tried to eliminate the inconsistencies. Richman said the policy changes have been outlined in the memorandum. Richman said one policy that continues is that non-conforming uses continue to be dealt with more strictly than non-conforming structures. A major issue that 4 Regular Meetina Aspen City Council January 11, 1988 has been raised is whether a non-conforming is rthatu if a none restored by right. The stasfmoreothan 50 opercent of the fair conforming structure receive market value of the structure, it has to be brought into confor- mity with the underlying requirements. There are exceptions to that; one, a historic landmark can be restored as of right, and two, buildings damaged by an act of God. Richman said this ordinance tries to limit the effects of requirements to non-conforming structures by el if i10 t ercente annual maintenance and repairs value limitation o p Richman pointed out the lodge preservation crlan searidass b ght retained. Richman said there are some numbe g language errors. The city attorney's office has added a new section 4 and 5 to include the severability laeguaThese can Dunaway has pointed out an unclarity in the languag be addressed at this hearing or brought back to Council at their next meeting. Mayor Stirling opened the public hearing. Welton Anderson, P & Z chairman, told Council they worked very hard on this section. Anderson said he is glad C els the ecurrent it from the R-6 revisions. Anderson said he fe non-conforming sections of the code work well with flexibility and with decreasing non-conformities. Anderson said he has problems with the 50 percent valuation bringing some oftthe structure into conformity. Anderson pointed out town's houses would not have been rebuilt under this type of restriction. Anderson said putting limitations on reconstruction of existing structures and forcing them into conformity may end up with the same type of problem the town had with lodges 10 years ago. John Werning urged Council not to adopt an ordinance that limits the flexibility of property owners to improve their property. Werning said the thought of having to bring everything into to conformity seems too extreme. It will take away some uniqueness in the town. Gideon Kaufman said the non-conforming section did need work; however, the change in policy is a big mistake. Kaufman pointed out in many communities, residential structures are not considered non-conforming. Kaufman said the town has created a lot of non-conformities in recent years. The codes have been kind to non-conformities, and Kaufman urged the city to be kind rather than punitive to non-conformities. Kaufman pointed out when the more stringent FAR was adopted, Section 24.13.5(c) was adopted, which said those houses that were made non-conforming by the new FARs would not be penalized. Kaufman said this is the policy that Council should be adopting with the new FARs. 5 Regular Meeting AsAen City Council January 11, 1988 Kaufman said the ordinance states when a person does a 50 percent reconstruction, that is 50 percent of the value of the structure, not the land, and triggers the tearing deir housesntof dooan conformity of making people cut down th interior renovation. Kaufman said this seems to be counter- productive in preserving the west end. Kaufman said people will be better off tearing down their house and rebuilding something bigger and more valuable. This section will make it uneconomical to renovate houses. Kaufman said there have been mistakes made in surveying the west end. There are a lot of houses that are non-conforming by virtue of setbacks because of survey errors. Kaufman reiterated the adoption of this ordinance encourages the elimination of smaller and older houses with values of the structure of $50,000. Kaufman said with this ordinance, if a person were to do a renovation of 525,000 they would have to tear down the whole part of the house that is non-conforming. That would cost more than the contemplated renovation. Kaufman presented an example of this. Kaufman recommended Council retain the old phithem pto do non-conforming structures; if they want to improve them in a conforming way. Norm Batchelor said when dealing with the 50 percent remodelling, it can be interpreted that a building is non-conforming if there is no landing on the stairway. Batchelor said the previous interpretation used by the building department is that if a person were improving and decreasing the non-conformities, that is a step in the right direction. Batchelor said it is economi- cally not feasible to tear down a building in its entirety to accomplish the conformity. This is causing owners not to remove and improve the safety and conformity because of the 50 percent. Don Fleisher said to institute new zoning that would prevent people from enlarging their homes is unfair. Fleisher said to cut back an encroachment for a full length of a house is not affordable. Fleisher said alternatives to enlarging or remodell- ing homes is to develop it to the big modern new home and sell for maximum amount. Fleisher urged Council to reconsider adopting this proposed change as pertains to single family houses. Sally Roach said she has a problem that use of a structure and the structure itself are lumped together in the ordinance, and this may require further clarification. Ms. Roach brought up 12 months of discontinued use of a structure, rather than disco n- tinued use of a non-conforming use. Richman said this section only applies to non-conforming uses, not structures. Council requested this section be clarified. Ms. Roach asked for an 6 Rectular Meeting Aspen City Council January 11, 1988 explanation of the 10 percent maximum on repair and maintenance. Richman said this is a statement if there is O What oito an gcone in the neighborhood, it should be limited t tinually upgrade in an attempt to try and have th non econf o ming area. Richman said there are only a handful of uses; non-conforming structures are prevalent in the neigh- borhood and this section does not apply to non-conforming structures. Bil Dunaway questioned the language in the paragraph o t in eone percent damage and destruction. Dunaway pointe paragraph is states it is a right to construct ups sho d mee8t percent. Dunaway said willfully destroyed structure the code whether it is above or below 50 percent. Richman said willfully destroyed only has to meet the code eadv more clearly. Richman agreed this should could be made to r Ms. Roach pointed out on page 4 the abandonment of a nonconform- ing structure is being dealt with, which is a vialafOOnthe property rights. Ms. Roach questioned who would p y removal of an abandoned structure. Councilwoman Fallin asked why the thought is that the original code is so confusing. Richman said the ordinance will be better whether the policy change is made or not. Councilwoman Fallin asked why the policy change is being made. Richman said it is the consultant's recommendation, which Richman felt was reason- able and brought to P & Z. Richman said the feeling is that when a structure comes to the end of its useful life, the neighborhood has a right to expect that it will be made conforming. Richman said one thing that can be taken into consideration is the investment of 50 percent of the structure does not necessarily equate to when a structure has come to the end of its useful life. Richman said he will look at the 50 percent number. Richman said the policy is a good one; however, there are some strong arguments from the public why it is the wrong policy. Richman said non-conforming uses are not an issue; the Council is dealing with non-conforming structures. Richman pointed out the R-6 revisions created a lot of non-conformities. Richman asked if it is the city's policy that at some point all structures will conform to the regulations that Council has enacted or is it the city's policy that these structures were built in good faith, and people have the right to continue that structure. Councilwoman Fallin said she does not want to push people into a corner where their only option is to sell the house and the neighborhood gets new, large modern buildings. Richman agreed it was not the intent when simple renovation occurs to the house to bring the house into conformance. Richman said he did not think the 50 percent limitation did that, but there has been good evidence given that it may do that. Richman said what he 7 Regular Meeting Aspen City Council Januarv 11,_1988 intended was when someone is making a substantial addition to the house and there will be a larger structure, that that larger structure be in conformance. Richman said he will be happy to reconsider the 50 percent provision. Richman said if Council feels the policy is wrong, they can go back to the original policy. Councilman Isaac suggested looking at 50 percent of the square footage. Dunaway said without some limit, people can create building monsters with the same non-conformities. Kaufman said there is a problem with the square footage idea if the structure is only 800 square feet to begin with. Mayor Stirling said it is not Council's intention to eliminate small houses, which are part of the character of a residential neighborhood. Mayor Stirling said the ordinance tends to be too punitive and the 50 percent limitation needs to be re-evaluated. Mayor Stirling said it is not the intent to eliminate small houses. Mayor Stirling suggested tabling this ..__~~y ~alludry 25th for staff to reanalyze some of the points brought up at this meeting. Richman agreed the point on abandonment of a non-conforming structure is a good one. Councilman Gassman asked if the present code is working. City Attorney Taddune said it is a problem in application, in determining whether remodels are is an expansion or not. Taddune said Council has to decide whether they want to change the non-abatement present philosophy, allowing no n- conf orming structures to continue but not to expand. Taddune said the alternative is to create pressures on non-conforming structures so eventually there will be abatement. Mayor Stirling said he subscribes to the non-abatement with limited expansion. Councilman Isaac said he does not want to change the basic philosophy. Councilwoman Fallin agreed. Mayor Stirling said he would like to see the 50 percent sections deleted, bring the ordinance back to the present philosophy and not put an inor- dinate pressure to conform or to sell. Mayor Stirling moved to table Ordinance #65, Series of 1987, to January 25, 1988, and to direct the planning office to go back to the philosophy of non-abatement but non-expansion; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #66, SERIES OF 19.87 - Lease/Purchase Agreement City Attorney Taddune told Council this ordinance utilizes the lease/purchase concept the city has used in the past. There is a tax exempt feature which makes it attractive to investors. There is a new section in the ordinance which is required by the investors. This section represents that not more than $10,000,000 in qualified tax exempt obligations are expected to be issued by the city. 8 Regular Meeting Ashen City Council January 11, 1988 Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #66, Series of 1987, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Fallin, yes; Isaac, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #67, SERIES OF 1987 - Modification of Lease Agreement with Roaring Fork Land & Cattle Company Assistant City Manager Mitchell said this modification addresses the issue of repairs on the pipelines. Mitchell told Council after the contract with the Deanes was negotiated, it was determined some repair would be necessary to the pipeline in order to operate the hydro facility. It is agreed that the Maroon hydro facility will pay 85 percent of that. It is also agreed that any future repairs to the Maroon pipeline will be done on a schedule over 6 years. After that, it will be based on the actual use of the pipeline. If the water diverted to the pipeline is 100 percent for hydro facility, the hydro will pick up 100 percent. Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilman Isaac said the agreement shows a sliding scale for a percentage to be borne by the project. Councilman Isaac asked the philosophy behind that. Mitchell said this is based on the historic use of the pipeline plus projections of how much will be used for the hydro. Mitchell said this project is scheduled for construction this spring or fall. Councilwoman Fallin moved to adopt Ordinance #67, Series of 1987, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Isaac, yes; Tuite, yes; Fallin, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. HPC SCORE APPEAL - Amato (Mayor Stirling withdrew due to conflict of interest) . Steve Burstein, planning office, reminded Council this was heard at their December 14th meeting and tabled. The house is located at 222 West Hallam and was rated 4 by the HPC evaluation rating. The planning office, at that time, recommended Council affirm the HPC score. After further thought, the planning office i s recommending this be remanded back to the HPC. Burstein told Council staff was impressed with the information presented, some of which was not clear prior to the last Council meeting. 9 Re4ular Meeting Aspen City Council January 11, 1988 Burstein told Council this recommendation does not mean staff feels the score should be lowered but it is reasonable this be presented to HPC to allow them to rehear this. Councilwoman Fallin asked if the planning office feels the HPC did this rating in an arbitrary manner. Burstein told Council the HPC utilized the information they had available when they did the evaluation. Burstein said the applicants have assembled a lot of information about the alterations occurring to the house. Councilwoman Fallin said if a lot of alterations had not been made, the house would not be standing. Councilwoman Fallin said if remodeling is going to be made part of the criteria, there will not be any structures scored 4 or 5. Burstein explained the HPC criteria was to determine how much the alterations changed the historic character of the house and how it looked from public ways. Burstein said that criteria was followed consistently and was used to evaluate this structure. The concern is perhaps the things the HPC thought were original were not original. Burstein said it is valid for the HPC to address these things. Kaufman told Council this is the last structure that can be appealed under the procedure; the rest of the structures have waived that authority. Council is looking only at this structure. Kaufman pointed out the discussion is not whether this structure is historic or not but how it fits in with the procedures and system set up by the city. Kaufman said historic designation information is an evolutionary process, which is why Council incorporated an appeal. Kaufman told Council it wasn't until the owner got into the house that these things were discovered. Kaufman said he is asking for the opportunity this be remanded to the HPC so that they have the opportunity to reevaluate the score. Kaufman said this informa- tion goes to the heart of what the score of the structure should be. Charles Cunniffee, architect, told Council the original structure was built in 1887, two logs of which remain in the new founda- tion. In 1898 a new house was built on the site. Cunniffee made a presentation of the additions that have been added and when they were added. Larry Doble, structural engineer, told Council his company did a study of this project. Doble told Council evolutions of a structure are difficult to identify through a cursory investigation. Doble said it is valuable for the HPC and planning off ice to have this type of information uncovered through this exhaustive search. Doble told Council these modifications were not made to maintain structural integrity. Lisa Purdy, president of a preservation consulting firm in Denver, told Council she is usually hired to put building on the National Register. Ms. Purdy told Council she teaches survey 10 Regular Meeting Aspen City Council January 11, 1988 classes and one level of survey is a "windshield" survey, which is often done by driving around and looking at properties to make blanket determination where the properties are. Ms. Purdy said this type of survey is valid f or general planning purposes only. Ms. Purdy said in j _._.. ,...~ often buildings on an individual basis are taken off the register. Ms. Purdy said one has to avoid being arbitrary when assigning a rating to a building. That is the reason for criteria. Ms. Purdy said the HPC has done a good job in setting up criteria for each of the categories. Ms. Purdy told Council she was hired to take the criteria of the HPC and try and rate this structure. Ms. Purdy gave Council a handout in which she simplified the rankings and put them in list form to determine how many applied to this particular building. Ms. Purdy pointed out all 3 ranking criteria in the score 2 apply to the Amato house. In score #4, only one criteria applies to the Amato house. Ms. Purdy said the key difference between the ratings is if the alterations done in a way that maintains the historic integrity. Ms. Purdy said only about 10 percent of the original fabric of the Amato house is left. Ms. Purdy read from a survey done by the state several years ago on this structure, "The significance of this residential structure is not of those who owned it or lived in it, nor its architecture, although the structure is representative of Aspen's mining era. This modest structure is of historical importance by illustrating the family home environment and life styles of average citizens in Aspen, dominated by the silver mining history". The state survey said the architectural significance has been lost. Ms. Purdy said she is trying to fit this building into the criteria that has been set up by the city of Aspen and, it should not be rated a 4 but should be rated a 2. Ms. Purdy said it makes sense to send this structure back to the HPC and have them re-examine it. Councilman Isaac said he feels this structure should remain a 4. The building has a strong influence on the neighborhood and has historic character. Councilman Isaac said this applicant has a right to go before the HPC and present their case. Councilman Isaac said he would like to see this structure retain its 4 ranking and to be preserved. Councilman Gassman said this is not an architectural gem and the alterations may be seen as diminish- ing its essential purity. However, the point of having historic designations was not to create architectural museums but to preserve the character of the west end of town. Councilman Gassman noted a lot of the character comes from houses that have been added onto. Councilman Gassman said if what the city is concerned about is buildings that have an effect on how people feel about the town, a windshield type survey is a more valid technique than evaluating each addition to a house. Councilman Gassman said the first community instinct is that this is a house 11 Regular Meeting Aspen City Council January 11, 1988 people like to look at and that contributes to the community. Ms. Purdy said the house is aesthetically pleasing; however, she was looking at the historic value of the house. Councilwoman Fallin agreed with Councilman Gassman and noted this particular street is one of the last that has a lot of Victorians even those that have been restored. Councilwoman Fallin said Ms. Purdy is giving this house a very scientific ranking rather than what the community feels and what they want to see preserved when these guidelines were adopted. Burstein said he had not understood the alterations 1 through 15 on this building, and agreed this should be remanded to the HPC. Kaufman pointed out the reason the appeal process was set up was the understanding that there may be additional information available and to give people the opportunity to present this information to the HPC. Bill Poss, HPC, agreed that the applicant has a right to come back to the HPC and present their information. That is what the process is for. Councilman Tuite said the issue here is due process. The structure was rated a 4; the applicants have presented a lot of documentation, and Council should let the structure go back to the HPC for reconsideration. Councilman Tuite moved to remand the historical evaluation rating of 222 West Hallam street to HPC for rehearing; seconded by Councilman Isaac. Councilwoman Fallin reiterated that 3 Councilmembers have stated they like the 4 ranking but are willing to let this go to the HPC for due process. All in favor, with the exception of Councilman Gassman. Motion carried. PM10 STANDARDS Mayor Stirling said the purpose of this item is to adopt a plan to submit to the state to view in advance of giving it to the federal government. Mayor Stirling suggested Council continue this meeting to discuss this issue in further detail. Mayor Stirling said if Council adopts a PM10 plan, they will schedule a public hearing on that plan f or January 25th in order to meet the February 1st deadline. Council agreed to schedule this for Tuesday, January 12 at 5 p.m. Lee Cassin, environmental health department, told Council the data that got Aspen in the #1 category is 11 years of particulate monitoring done at a number of different sites. In 7 of those years, Aspen did not meet the health standards either f or bad days, the whole year average, or for both. Ms. Cassin noted for 12 Regular Meeting Aspen City Council Januarv 11,___1988 the 4 years the community met the health standards, 2 of those years were the snowiest years in a 20 year period. Ms. Cassin said staff has a lot of well measured, well documented data on the problems. Ms. Cassin told Council Aspen is placed in the #1 category by the EPA due both to the bad days that are very bad in some winters as well as the average levels that are relatively high. Ms. Cassin said there are 5 other Colorado towns in the group 1 category and about 20 towns in the group 2 category. Ms. Cassin said Telluride, Steamboat Springs and Crested Butte have already adopted the most stringent of the 10 point plan items that the Clean Air Board is recommending to Council. Ms. Cassin presented information from the state. One showed there were 3 days in January, February, March in which the levels were well over 260 ug/m3 of total particles in the air. Ms. Cassin stated this is one of the things that got Aspen into the category. Ms. Cassin told Council the state looked at this data for the last 3 years and looked at how many bad days there were and at the overall average as well. There is a map showing where the emissions inventory was done, which is a traffic count on different roads, fireplace and stove counts, service stations and restaurant counts. Ms. Cassin presented a chart showing the sources of contribution on bad days in the winter, this chart is for the worst day in 1986. Ms. Cassin pointed out fireplaces cause 41 percent of PM10 levels on a bad day in winter; wood stoves cause 16 percent, restaurant grills 4 percent, actual vehicle emissions .7 percent and sanding 36 percent. Ms. Cassin also gave Council projections for 1991 based on a small increase in traffic and in building. Ms. Cassin told Council the state health department has looked at the 4 general strategies Council wants to pursue and tried to determine what each strategy would do in terms of how much it would reduce the PM10 levels. Ms. Cassin pointed out everything in the Clean Air Board's plan assumes that the voluntary program continues. This will be included specifically in the plan. Ms. Cassin said according to the state, Aspen has to reduce the levels of PM10 by 33 percent over what they were in 1986 in order to comply. The plan adopted by Council has to demonstrate enough strategy that the state believes it will cause a 33 percent reduction and the strategies have to maintain that air quality indefinitely. Ms. Cassin pointed out the first control strategy, which is to convert all fireplaces in the grid area to natural gas. If that happened and no one ever burned a log again, it would reduce the PM10 standards by 44.5 percent. Ms. Cassin said if only the Aspen fireplaces are converted to natural gas, there would be a 13 Regular Meeting Aspen City Council January 11, 1988 34.5 percent reduction. Ms. Cassin said if all fireplaces were converted to gas, theoretically nothing else would have to be done. Ms. Cassin said the town can get the 33 percent reduction from any combination of strategies they want. Ms. Cassin said converting all wood stoves to a certified cleaning burning stove throughout the metro area would reduce PM 10 levels by 10 percent, if it was done only in Aspen it would reduce the PM10 levels 6.7 percent. Ms. Cassin told Council using an improved street sanding program with harder sand would get a 3.5 percent improvement in PM 10. This improvement is not available now since the city does not have a source of harder sand. The last strategy, to improve street sweeping program to within 24 hours after the road are dry, would give 17.7 percent; however, it is estimated by the street department they are already getting the roads cleaned up within 24 hours after they become dry. Ms. Cassin pointed out the city is already cleaning up within 24 hours, and there is uncertainty is getting a 17.7 percent compliance with this program. City Manager Bob Anderson said if this is a new program for the city, it could be part of this program. Ms. Cassin said the question the environmental health department keeps getting a lot is if there are only a few bad days in the winter, why not do something to get people to burn less on those days. Ms. Cassin said there is absolutely no way to know when those bad days are going to occur. Ms. Cassin told Council Denver has 2 full-time meteorologists and did not manage to predict any of Denver's high pollution days. Ms. Cassin told Council that the EPA will probably not accept "no burn" days. The difficulty with this type of program is calling the bad pollution days. Wainwright Dawson asked if the automobile was no longer a problem. Mayor Stirling said this problem is particulates in the air. Ms. Cassin said the vehicle exhaust causes a small per- centage of the particle pollution. Vehicle exhaust causes a large part of carbon monoxide but small particles come from wood burning and road sanding. Suzanne Caskey, Clean Air Board, told Council they are trying hard to find solutions so that everyone can win. EIS ENTRANCE TO TOWN Jay Hammond, city engineer, suggested staff draft a resolution to outline alternatives the Council would like to see the department of highway consider. The purpose of the EIS is to study impacts based on prudent and feasible alternatives; this is an oppor- tunity to study alternatives. It is not a requirement that the city endorse any specific alternative or to limit the discussion. 14 Regular Meeting Aspen City Council January 11, 1988 The scoping phase is to identify feasible alternates and study them in term s of social, economic, wildlife, environmental and other impacts. Hammond told Council the department of highways has already held 6 meetings in the county and have focused on down valley segments. There is controversy regarding Snowmass Canyon areas. Hammond told Council the department of highways will be holding scoping meetings on the Aspen portion of the highway late February or early March. Hammond said the department has identified two major alternatives for study. These include the direct connection and the existing alignment. Hammond told Council some of the design proposed by Alan Blomquist has been forwarded to the department of highways. Blomquist's design utilizes the existing alignment and combines the Castle, Maroon Creek and Cemetery Lane intersections into a single configuration using acceleration lanes, etc. Hammond presented to Council drawings of the two alternatives, Blom- quist's proposal and a variation on the theme to combine the intersections, one using a direct connection; one using a split alignment. The major configurations are direct connection alternatives, the existing alignment, and the split alignment. There could be a direction to the department of highways that they combine intersections. Hammond noted some suggestions to forward to the department of highways are additional consideration of landscaping and the aesthetics to the entrance. Hammond told Council he has dis- cussed with the department of highways that if the city were to donate property through open space for the four-lane, would the department consider trading higher levels of landscaping and other improvements. Hammond told Council landscaping is funded by the state and right-of-way acquisition is funded by the federal government. Hammond said the city would be giving open space to the department of highway that the federal government would normally pay for under the construction of highways in exchange for work that the state would normally pay for. Hammond said the city should sell any right-of-way and set that money aside for landscaping and aesthetic improvements. Hammond said a toll road as an alternative funding has been discussed, and the state is not inclined to support toll roads where alternative routes are not available to travelers. Hammond said staff is concerned about identifying trail and highway interfaces to insure trail continuity is not destroyed by the expanded highway. There has been discussion about high occupancy vehicle (HOV) or bus lanes. The transit development program identified an interim HOV. Hammond noted that the concept of a HOV or bus lane was excluded from RFTA's resolution to the department of highways. Councilman Tuite told Council Tom Blake reported to RFTA that a HOV would not be considered. Blake f elt 15 Regular Meeting Aspen City Council Januarv 11, 1988 it would be not constructive to have RFTA request a HOV. The RFTA board felt a unanimous resolution was more important that a request for a HOV. Councilman Tuite told Council the RFTA board has not dropped the plan of HOV but this was a political move to get support of all board members. Hammond said there is no harm in asking the department of highways to look at a HOV. Mayor Stirling said the city has been copying all correspondence to the governor. The Governor has indicated he wants to help small communities throughout the state. Mayor Stirling said a high occupancy vehicle lane is obtainable much earlier than a four-lane. Mayor Stirling said four-laning costs $4,000,000 per mile. Hammond said other items to be included in the resolution might be construction priority. Hammond told Council the Commissioners and the RFTA Board have both recommended the Aspen to Brush Creek road receive priority. Hammond said the resolu- tion should include that the city wants the department of highways to look at a flexible design considering reduced speed limit, reduced rights-of-way, pavement needs and evaluating the urban section of the highway alternatives east of Castle creek. Hammond said the department of highways has a tendency to look at very rigid design standards. Hammond said the challenges of this valley are significant. The requirement that the department of highways deal with the safety of the highway puts pressure on them. The city can request extraordinary measures to get a good quality product. Mayor Stirling said speed limit is very critical and the speed of the road has a lot to do with the configuration. Hammond agreed that drivers respond to the perception of the roadway, and an alignment that does not give one the visual perception of looking down over Mai n street will effect the speeds at which traffic comes into town. Hammond said staff could bring back a draft resolution by the next regular Council meeting. Mayor Stirling said he would like to have a work session on this issue to discuss HOVs, a preferred alignment, donating the right-of-way in exchange for landscaping, or seek alternative methods of funding. Councilwoman Fallin said over the last 6 years, the city has made numerous recommendations and the state doesn't like the recommen- dations and asks for other recommendations. Councilwoman Fallin asked if it is worth it to make another recommendation. Hammond said Council does not have to make a recommendation. The opportunity is to request that the state review alternatives. Hammond said one of the comments heard during the last discussion of entrance alternatives was that since the EIS was not underway, this discussion was premature. Hammond pointed out the EIS is now underway and there is an opportunity f or feedback from the 16 Regular Meeting Aspen City Council January 11, 1988 EIS. Mayor Stirling said the Council needs to press someone to listen. Councilman Isaac said he would like staff to prepare a resolution for the next meeting. Councilman Isaac said the points in Hammond's memorandum need to be addressed by the state. Council- man Isaac said the state should address all alignments and not just concentrate on one they choose. Councilman Tuite said the alternative going right through the Marolt property is not acceptable to him. Councilman Isaac moved to direct staff to bring back a resolution for January 25; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. ARA REQUEST TO USE CITY PROPERTY - Wine Classic Patsy Malone, personnel director, told Council this is a request from the Resort Association to use Wagner Park including a 16,000 square foot tent for the wine classic. Ms. Malone told Council staff and the ARA met about the use of the park, and they f eel the problems have been taken care of. John Walla, restaurant association, told Council this is a perfect operation, in the shoulder season, and accomplishes things the town is trying to create in expanding the economy and interest in Aspen. Councilman Isaac moved to approve the recommendation that the 16,000 square feet tent by in Wagner park from June 22 to June 26 , 1988 , to host the annual food and wine classic and to approve a special event permit for this event; seconded by Councilwoman Fallin. All in favor, motion carried. SUBARU ASPEN WINTERNATIONAL PERMITS Patsy Malone, personnel director, reminded Council this was tabled at their December meeting. Council is being requested to approve special approvals for Winternational. Two of these requests are special event permits and permission to use Wagner park for the Aspen a la carte and Party in the Park. Councilwoman Fallin said last year the applicants promised to clean up Wagner park and they did not. Ms. Malone said last year was the first year this event occurred. Ms. Malone said the applicants have discussed this with the environmental health department who is satisfied their concerns will be taken care of. This year there will be grease receptacles. Peter Forsch, Aspen Skiing Company, told Council they recognize they did less than a good job last year. This year they have talked to every depart- ment to rectify that. Debbie Arnold told Council the Aspen Ski 17 Regular Meeting Aspen City Council Januarv 11. 1.988 Councilwoman Fallin asked if the applicants should be asked to put up a $500 clean up bond. Bill Efting, Leisure Services director, told Council on the parks permit they put a guarantee that any damage found in the spring would be assessed to the people putting on the event. Councilman Gassman said he does not like the idea this is limited to Diner's Club restaurants. This puts the city in the position of enforcing a private marketing program. Councilman Gassman said this is an improper use of public property. Councilman Gassman said this should be open to any restaurant that wants to participate. Councilman Tuite said it is difficult to get corporate sponsors without using an advantage. If a corporation is going to put up money, they have to justify what they are doing to their stock- holders. Councilman Gassman said a lot of people have spent years of their lives creating the asset of the town. This resource is very valuable. Councilman Gassman said Diner's Club is being allowed to use this resource and they are not allowing all the restaurants to participate. Mayor Stirling said he does have problems with the exclusionary aspect of this event, but until Council discusses use of public property and sets guide- lines, he is not prepared to turn this down. All in favor, with the exception of Councilman Gassman. Motion carried. Councilman Isaac moved to support the Party in the Park; seconded by Councilman Tuite. Mayor Stirling said he is concerned about the sale of acholic beverage at this event. Debbie Arnold told Council there will be an age limit on who is allowed in the tent. There will be non- alcoholic beverages as well as snacks. The restaurant associa- tion will be handling the food and beverages in the tent. Peter Forsch said the Party in the Park is an attempt to utilize the huge tent in the park for a la carte and to invite the public to a party with a band and get the local people involved in another celebration of Winternational. Mayor Stirling said he likes the fact that this is a peoples' affair. Forsch told Council the cost will be between $3 and $5, only to recover their costs. Councilwoman Fallin said this event will be excluding a great number of the community by not letting people under 21 years of age in. Councilwoman Fallin said she sees no reason to serve alcoholic beverages if this is a com- munity party in the park. Dan Arrow registered a complaint about the tent being up two days in a row. John Walla said it is legal to have people under 21 at this event, if the applicants could work out the logistics. Walla said he would be willing to work 19 Regular Meetinct Aspen Citv Council January 11, 19_._88 on the logistics. Councilwoman Fallin said an event like this is perfect for kids. Councilman Tuite agreed, pointing out the Council often hears there is nothing for kids under 21 to do. Tim Cottrell suggested having a enclosed area for people to drink acholic beverages and not have an age limit on entrance to the tent. Cottrell said the restaurant association would be willing to take care of this. Councilman Isaac asked about profits from this event. John Walla said the restaurant association will be taking the money in and will be dispensing it to Tipsy Taxi. City Manager Bob Anderson said the city should make sure that some entity is responsible in terms of the liquor vending and have this clearly controlled. Councilman Isaac amended his motion to allow for a special area to be set aside for liquor vending; seconded by Councilman Tuite. All in favor, motion carried. Councilwoman Fallin moved to approve the vending agreement to the Skiing Company to vend raffle tickets in the mall; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. SALE OF ICE RINK Bill Efting, Leisure Services director, said Council had a meeting October 15th at the Ice Garden, looked at the Ice Garden and talked about it. The recommendation was to schedule another election on selling the Ice Garden because of the language on the earlier ballot. Efting said if Council still feels Rio Grande is the appropriate place for the ice rink, this should be a separate question on the election ballot. City Attorney Taddune pointed out under the Charter, recreation is a permitted use for open space. Taddune said sale or disposition of city-owned property generally requires a vote. Taddune said if part of the invest- ment package is to sell the building or the land, it may require a vote. Taddune said Council may want voter input regardless of the legal requirements. Mayor Stirling said the city took to the voters the allocation of land to a performing arts center. Councilwoman Fallin said if the city rezones this to RMF and sell the Ice Garden, it would be worth about $800,000. Councilwoman Fallin asked how much it would cost to construct a new building on the Rio Grande. Efting said a quality building would cost 51,500,000 to $2,000,000. Efting said at the Rio Grande the staff would want to put up a building that the community is proud of. Efting said part of the condition of the sale of the Ice Garden would be with the condition that funds are raised to build a new building. Councilwoman Fallin asked if the Ice Garden were not sold and the Council put 5500,000 into the existing structure 20 Regular Meeting Aspen City Council January 11, 1988 what would be done for that. George Pucak, ice garden manager, told Council there would be improvements to the front lobby, the entrance end of the building and the locker rooms. This would not effect the basic existing building. Pucak told Council the dasher boards and refrigeration conversion would cost about $300,000. Councilwoman Fallin said Council had discussed the possibility of vacating the alley to the south of the building, and moving the building back. Mayor Stirling said if the city sells the Ice Garden it will be pouring 20,000 square feet into the competitive market. Mayor Stirling said if Council rezones this property to RMF and then sells it, they are supporting the proliferation of additional development in town. Mayor Stirling said the Rio Grande is designed for recreation, transportation and open space, and it should be left open. Mayor Stirling said he is not in favor of selling the Ice Garden. Mayor Stirling said he would rather do major reconstruction on site of the Ice Garden. Mayor Stirling said the city should build an outdoor rink in town, like Paepcke park, which would be a tourist amenity and for spec- tators. Mayor Stirling said this will cost about 51,750,000, and the city should bond for this. Councilman Isaac said renovating the Ice Garden does not deal with a lot of problems at the present rink, like parking and location far away from the tourist areas and transportation. Councilman Isaac said the Rio Grande would be a perfect location for an ice rink. Councilman Isaac said this is an opportunity to build something the community can be proud of and to enhance the ice skating experience in the community. Councilman Isaac moved that Council pursue a ballot issue to sell the Aspen Ice Garden and to start proceeding to locate a new facility at the Rio Grande; seconded by Councilwoman Fallin. Councilwoman Fallin asked what would happen in the interim between sale of the Ice Garden and construction of a new ice rink. Efting said it could be put in the contract that a purchaser could not take over the property until a new ice rink is built. Efting said he is going ask for permission to form a fund raising committee on how to approach raising the rest of the money for a new ice rink. Wainwright Dawson said there is a major financing group in town looking to fund a project for the city. Dawson suggested putting employee housing where the old ice garden is by this financing group -and have them help f and the new ice rink. Dwight Shellman discouraged the proliferation of any uses on the Rio Grande property that are not transporta- tion related. Shellman pointed out this is the city's only source of space for a parking structure. 21 Regular Meeting Aspen City Council January.ll, 1988 Councilman Gassman said he would be opposed to rezoning the land where the current Ice Garden is. Councilman Gassman said it would be hypocritical to try and limit development while rezoning land for sale. Councilman Gassman said there would be a great deal of opposition to this rezoning. Councilman Gassman said he would support selling this only if it remains zoned R-15. All in favor, with the exception of Mayor Stirling. Motion carried. REQUEST FOR FUNDS - GRIP Tom Oliver told Council they are requesting funding f or phase II of the research project the University of Colorado/Denver is involved with. Oliver reminded Council in early December, GRIP reviewed the initial phase of the project, which was budgeted for $9,000 and cost $7,000. The city was committed to this up to $3,000. Oliver told Council phase II of the project is building a computer model and have the Council, BOCC and GRIP's input on what can be done on consolidation. Oliver said with 30 different elected taxing bodies in the county and 170 representatives, there is a lot of fruitful work than can be done on consolida- tion. Councilman Gassman said he can see this going on forever with a lot of interim studies and is opposed to the city spending any more money. Councilman Gassman said if private people want to fund this, they can go ahead and do that. Coun cilma n Gassman said the taxpayers are funding Bob Anderson's salary, which is a real consolidation study. Mayor Stirling said he is also opposed to this funding. Mayor Stirling pointed out the first phase of the study indicates the governments have pushed informal con- solidation to the limits and have already made some savings, and created some efficiencies. Mayor Stirling said there are 6 departments consolidated, the manager is a joint manager, the law enforcement agencies are sharing offices, there are planned shared offices for the city and county, as well as RFTA, Ruedi hydropower project and a joint housing authority. Mayor Stirling said the first phase shows how far the consolidation effort has gone as well as the severe efforts of government becoming too large. Councilman Gassman moved not to commit any further funding to GRIP; seconded by Mayor Stirling. Councilwoman Fallin said she is having trouble seeing what the city will get from the second phase. Councilwoman Fallin said at the last meeting with GRIP, they did not seem to feel they had any more to tell Council. Councilwoman Fallin said if GRIP can come back with a good reason why this should be funded, she would 22 Regular Meeting Aspen City Council Januarv 11, 1988 be willing to reconsider. City Manager Bob Anderson said he understood the next phase was to outline specifically what alternatives to take for a more full scale consolidation. Councilwoman Fallin said she would like to see other parties, like the Town of Snowmass Village and the special districts, fund this study. Anderson said the county has decided to fund their share of this study. All in favor, motion carried. RFTA 1988 BUDGET RECONSIDERATION Councilman Gassman said that the budget is the only account- ability that RFTA has. RFTA is an independent agency which is accountable to no one. Councilman Gassman said the transit system started off with enthusiasm and creativity; however, it seems now its primary interest is its own perpetuation and comfort. Councilman Gassman said the community is being poorly served. Councilman Gassman said the changes since RFTA has been in existence are minimum. Councilman Gassman said he would like to see RFTA get more accountable. Councilman Gassman said the reason the governments got into the bus business is that the valley was choking in cars and they wanted to move people around in different ways. Councilman Gassman said the system ha s not gone beyond the level of driving around in some buses. Highway 82 is not getting any better. Councilman Gassman said the RFTA Board voted unanimously not to lobby for high occupancy vehicle lanes because they felt unanimity and political expediency was more important than making a point to the highway department. Councilman Gassman said if the transit agency is not going to push to transit improvements to the department of highways, who is. Councilman Tuite said RFTA has spent the extra time trying to come up with alternatives and creative solutions. Councilman Tuite said RFTA is going to have half hour headways for the down valley system to make it more convenient. Councilman Tuite said the Board is still discussing HOV. Councilman Tuite pointed out the down valley system has been successful but people are not riding the buses in the city routes. Councilman Tuite said RFTA is trying to figure out why, is coming up with smaller buses, addressing the different routes. Councilman Tuite said this is an agency reporting to the city and county government. Council- man Tuite said if Council has problems, perhaps he has not been communicating enough at Council meetings. Councilwoman Fallin said she has been frustrated by decisions made by RFTA in the past, but she cannot tie this to the budget. 23 Re4ular Meeting _ __ Aspen City Council January 11, 1988 Councilwoman Fallin pointed out the Council has not had a meeting with the RFTA Board in the last two years. Councilwoman Fallin recommended the Commissioners and Council meet with RFTA and discuss concerns but not hold the budget up. Councilman Isaac agreed about a joint meeting. Councilman Isaac said it is not appropriate to send the budget back at this point. Mayor Stirling said he has raised the issue of why there is no downtown shuttle, and why there aren't more riders on the city routes. Mayor Stirling said he would like to discuss what the citizens of Aspen are getting for their money and try to deter- mine how they can get more for it. Wainwright Dawson said transportation is a good reason for consolidation so there are not two entities dealing with problems that effect everyone. Dawson said the governments ought to deal up front with what the people need. Dwight Shellman, RFTA Board, said he felt it was a mistake to create a super-government and spin it off where it would not be accountable. Shellman said this is one reason he fought for the Council and Commissioners to retain budget control every year so they could address service policy at the same time. Shellman said Councilman Gassman's observations are correct. RFTA is an isolated agency, and it is complacent. Shellman said what RFTA lacks is meaningful constructive input from public officials. Shellman said the agency has increased the headways to one-half hour down valley at no increase in cost. Shellman said on February lst, there can be 15 minute headways on Main street by re-routing the city buses. Shellman said he feels strongly about the high occupancy vehicle lanes. It ought to be done this year, and there is money in the budget that can be used to design these. Shellman said until there was a change in membership on the board, there was not a majority to instruct staff to look into the types of complaints brought up by Councilman Gassman. Eve Homeyer, RFTA board, reminded Council the city was going broke running the city bus routes with the resources they had allocated to transportation; likewise the county. This was the impetus to put RFTA together and there would be savings in the consolidation of the routes. Ms. Homeyer said that RFTA has had the money to improve Rubey park and to get on a solid footing to plan for the future. Ms. Homeyer said RFTA has increased service in some areas, has started the van pool program. Ms. Homeyer said RFTA does not get the backing of Council. Ms. Homeyer said the bus service is keeping more cars from coming into the city. Every person that rides the bus is one less car coming into town. Ms. Homeyer said RFTA would put a shuttle in if there was some place to shuttle people back and forth. Ms. Homeyer agreed that RFTA and Council need more meetings. 24 Regular Meeting Aspen Citv Council January 11, 1988 Councilman Isaac moved to continue this meeting to January 12, 1988, at 5:00 p.m.; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Tuite. Motion carried. Council scheduled a meeting with RFTA and the Commissioners for Tuesday, January 19, 1988, at 5:00 p.m. Council decided that the 1988 RFTA budget will stand as approved. RESOLUTION #1, SERIES OF 1988 - Calling Special Election Councilwoman Fallin said she would like to see a Charter amend- ment on the election limiting the terms of the Mayor and Council- members. City Attorney Taddune pointed out this resolution calls for a special election to be held March 15, 1988. This date can be changed; however, the Council has to call an election 60 days prior to the date of the election. Council decided to discuss the election and ballot issues at the continued meeting. INTERIM OFFICE SPACE SOLUTION Councilwoman Fallin said there is no mention of moving the child care center on Council's agenda. This has to do with the county and not with the city. City Manager Bob Anderson said the agenda item is whether Council wants to spend money exploring the idea of moving a substantial amount of city employees around to dif- ferent locations. Anderson told Council he has looked at many different alternatives. Anderson said the county board feels the child care center has a month to month situation, only if the county does not need the space. Anderson said he is trying to accommodate everyone as best possible. Anderson said the most logical thing he can see would involve moving the child care center downstairs. Anderson said this is not totally a basement and has a wall worth of light. Anderson said the issue is to find out if this would work, which will take architectural study. Steve Barnett said this issue came to Council about 6 years ago, which launched the child care center. Barnett said there is a historical perspective for Council to be involved. Barnett pointed out there has been a 100 percent increase in births in the last decade and children must become a more important issue to this community and very much an issue for Council. Barnett said it does not make sense that the child care center is more economical moved downstairs as the city will be paying for remodelling of two areas. Barnett said he feels this space is a basement and is much less safe in case of an emergency or fire. Susan Hoban said they wanted Council to aware they are involved in the space and in the child care center. Ms. Hoban said Council has been very supportive of the child care center. Ms. Hoban said the basement space is not safe. There are 21 steps to 25 Regular Meeting Aspen Citv Council Januarv 11. 1988 the upstairs, with 6 people to get 31 non-walkers out of that wing. Ms. Hoban said parents will take their children out of this day care center if it is moved. Ms. Hoban said this is being looked at on paper but not the emotional impact. There are 35 families impacted by moving this to the basement. Ms. Hoban said the basement space may be appropriate f or another organiza- tion. Richard Roth said he would like Council to go on record that they are not going to spend any of the taxpayers money trying to relocate children to a basement, and an unsafe space. John Walla said he would like a resolution from Council that they would take the $5,000 and put it into improving the basement f or city/county interim space and keep a first class operation for children where it is. Councilman Isaac moved to send a letter strongly urging the Commissioners not to move the day care. center down to the basement; seconded by Mayor Stirling. All in favor, with the exception of Councilman Gassman. Motion carried. Council continued the meeting to January 12, 1988, at 5:00 p.m.; Council left Chambers at 9:30 p.m. ~,c~ Kathryn Koch, City Clerk 26 Regular Meeting Aspen City Council January 11, 1988 Club will be the clean up crew, paid for by the Diner's Card. Ms. Arnold said they are trying to direct monies from the a la carte back into the community. Forsch said any monies made go to Tipsy Taxi and the Aspen Ski Club. Ms. Arnold said the coupon sales go back to the restaurants. John Walla, restaurant association, said the majority of the members are totally in favor of this event. The a la carte adds a lot to the way people perceive Aspen; last year it was heavily supported by locals. Walla told Council some of the problem s created last year were because of the overwhelming success of the event, which the applicants are equipped to handle this year. Gail Quinn, Diner's Club, told Council they have presented to the entire restaurant community of Aspen and Snowmass the opportunity to become members of Diner's Club. Ms. Quinn pointed out the city does regulate the use of Wagner park for things like rugby games. Ms. Quinn said the public is welcome to attend a la carte. Ms. Quinn said for corporate accountability they could not provide a format for restaurants that do not offer their product. Dan Arrow said Diner's Club should not sponsor this event; it could be sponsored by the restaurant association. Arrow said because Diner's Club is the sponsor of this event, it has to happen the week the town does not need it. Arrow suggested this event could be held when the town could use the promotion. Arrow pointed out the town has no control over how Diner's Club will use this promotion. Arrow said the restaurants did not pay sales tax on this event last year. Arrow said 50 percent of the coupons go to the restaurants and they are getting compensated. That money does not go to charity. Arrow said the restaurants are getting a free ride on this event. Arrow said the city can come up with other events that will cost much less. John Hanson, Aspen Skiing Company, told Council Diner's Club is a major sponsor of Winternational and World Cup races. Hanson pointed out the World Cup races cannot be held at another time of year. Tim Cottrell, vice-president restaurant association, told Council there is a price control structure in the a la carte so that restaurants can offer low priced items and people can taste a lot of different things. Cottrell said there is no way restaurants are making a profit on this event. Cottrell said the event was overwhelming last year and showed very well for Aspen and for Diner's Club. City Manager Bob Anderson said the city is not supposed to be involved in the clean up after this event. Councilman Isaac moved to approve the Aspen a la carte event March 2, 1988, and the special event permit for that date, and instruct the applicant to work out the sales tax; seconded by Councilman Tuite. 18