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HomeMy WebLinkAboutminutes.council.19880314Regular Meeting Aspen City Council March 14, 1988 PROCLAMATION - Monique Pelletier 1 PROCLAMATION - Beth Madsen 1 SKI TRIP TO NAGANO, JAPAN - Report from Fletcher Yaw and Bonnie Helm 1 PROCLAMATION - St. Mary's Catholic Church 1 CITIZENS COMMENTS 1 COUNCILMEMBER COMMENTS 3 CONSENT AGENDA 6 ORDINANCE #65, SERIES OF 1987 - Non-conformities 7 ORDINANCE #3, SERIES OF 1988 - False Alarms 8 ORDINANCE #4, SERIES OF 1988 - Assessment Formula - Under- ground District 10 ORDINANCE #5, SERIES OF 1988 - Land Use Code 10 LIQUOR LICENSE HEARING - Le Cadeau 11 RED ROOF INNS 12 GRASSROOTS ADVERTISING 13 LIQUOR LICENSE TRANSFER - Calypso 15 GMP AMENDMENT - 700 East Hyman Residential 15 SUBDIVISION EXCEPTION - 710-712 East Hyman 17 RESOLUTION #8, SERIES OF 1988 - Allocation of Residential GMP Quota 18 AMENDED LOCAL IMPLEMENTATION PLAN - PM 10 Plan 20 ELECTRIC POLICIES - Kopf & Kopf Contract 21 CONDEMNATION OF TRAIL EASEMENT - Shadow Mountain 22 ORDINANCE #6, SERIES OF 1988 - Amending CCLC District; Alternate Member 24 REQUEST FOR FUNDS - Purchase of Street Sweeper 24 27 Regular Meeting Aspen City Council March 14, 1988 ORDINANCE #7, SERIES OF 1988 - Solid Waste Regulations 25 28 Regular Meeting Aspen City Council March 14, 1988 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Isaac, Tuite, Fallin and Gassman present. PROCLAMATION - Monique Pelletier Mayor Stirling, Council and the city acknowledged the accom- plishments of Monique Pelletier and her giant slalom victory at the 1988 U. S. Nationals and the combined title. Council presented a proclamation declaring February 14, 1988, as Monique Pelletier day. PROCLAMATION - Beth Madsen Mayor Stirling and Council honored Beth Madsen for her skiing accomplishments and that her finish in the 1988 Olympic slalom was the highest of any American skier at Calgary and that Beth placed sixth in the 1988 Aspen Subaru Winternational Slalom race. The City Council declared March 2, 1988, Beth Madsen day. Martha Madsen accepted the proclamation on behalf of her daughter. Martha Madsen thanked the community for their support. SKI TRIP TO NAGANO, JAPAN - Report from Fletcher Yaw and Bonnie Helm Bonnie Helm told Council the trip was a great opportunity and experience. Fletcher Yaw said the people in Japan were very helpful. Bonnie Helm said it is an experience the city should pursue. Fletcher Yaw told Council the ski areas are under- developed. PROCLAMATION - St. Mary's Catholic Church Mayor Stirling read a proclamation honoring St. Mary's Church and the role it has played in the community for the last 100 years. The St. Patrick's Day dinner began as a building fund raiser for St. Mary's Church. Council proclaimed March 17, 1988, at St. Mary's Church day and presented the proclamation to Father Tom Bradtke. CITIZENS COMMENTS 1. John Moore, representing Ridge of Red Mountain homeowners association, said they want to convince Council to reverse the recent and unfair changes of the water department's pricing structure, Ordinance #51, 1987. Moore pointed out this current price structure has resulted in more than a 200 percent increase in water rates in water service area #2. Moore told Council in a canvass, they found increases from 60 to 300 percent. Moore told Council he has tried to determine why some 97 percent of the new charges are constant, like demand fees, regardless of actual use. 1 Regular Meeting Aspen City Council March 14, 1988 Moore said one Councilperson has agreed that billing according to "maximum potential use" and not actual use is not right. Moore told Council he has reviewed section 23 of the Code, Ordinance 27, 1985, Ordinance 51, 1987, the city of Aspen trial balance sheet 12/31/87 and the city's 1988 budget. Moore said the water fund has had to go into cash balance to meet expenses. In 1986 it was $469,000 and in 1987 it was $123,000 dipping into the cash balance. The water department has budgeted to build their cash balance back up to $100,000 by 1992. Moore pointed out this expense and the 10 percent increase in water depart- ment's payment to the city's administrative expense allocation are the only significant increases in budgeted expenditures over 1987. Moore said there is a sizable debt service to retire, but this is not new and no cause for a 200 percent water rate increases. Moore said what he sees in the water department budget is about a 3-1/2 percent increase. Moore said water service area #3's rates are way above the "approximate 21 percent average increase". Moore said the 200 percent increases in service area #3 are excessive and unfair. Moore said water customers have been told this increase is necessary to cover larger capital and operational costs to get the water to the customers effectively. Moore pointed out the capital costs were established years ago and funded through the issuance of bonds. Nothing has changed in the past year to warrant this increase; the 1988 budget does not reflect such necessity. Moore said for the Ridge of Red Mountain, the developer paid for the installa- tion of water pipes and gave them over to the city. Moore said they have been told the increase is predicated on maximum potential use, not just the number of outlets. Moore said this is not fair for service area #3 as many homeowners spent little time in Aspen. Moore requested Council exercise Section 23-44(e) where for good cause shown, Council may adopt a new rate schedule. Moore told Council his water bill went from $30 to $87 and $84 of that is a per month demand use, regardless of water usage. David, Red Mountain Ranch homeowners, told Council they are in concurrence with Moore's comments. David told Council Red Mountain Ranch also put in their equipment when the area was developed. Mark Friedberg told Council his actual water usage of $5 a month is part of the total $77 bill. Freidberg said this seems discriminatory for this service area. Some areas had very minor increases, and it is exorbitant to have a 200 percent increase. Klaus Christ told Council his bill went from $40 to $111. Christ pointed out the homeowners in Red Mountain Ranch have been asking for an auxiliary pump for their system for years. If the current pump breaks down, there would be not water available in this area. Christ told Council the city staff has said there is no money available for a secondary pump. 2 Regular Meeting Aspen City Council March 14, 1988 Dan Roman told Council some people on Red Mountain cannot afford these increases. Roman said he would be glad to pay for the water he uses. Ed Rider told Council he is here for less than half the year. His water bill doubled. Rider said he does not mind paying his fair share but they will be paying in excess of $400 a year for water that is not even used. Stan Snyder pointed out that the new billing system does not induce conservation as the water usage is such a small portion of the bill. Councilwoman Fallin said she has had calls on this subject from customers at the Airport and commercial users. Councilwoman Fallin said Council should review the new water rates this spring rather than wait until November. Councilman Tuite agreed Council should meet at least to explain the new water rates. Mayor Stirling said the city spent two years putting together this program and decided to review the billing program within the first year because the ramifications were not known. Mayor Stirling said the rates went up more in service areas outside the city limits. Cindy Shafer, finance director, pointed out the bills in January for an average customer will show a larger percentage increase than the average for a whole year. Council scheduled a work session on April 7, 1988, at 5:00 p.m. on the new water rates. COUNCILMEMBER COMMENTS 1. Mayor Stirling said the P & 4:30 p.m. on the Hadid Hotel. hearing March 21, 1988, at 5:00 on study session Thursday, March 24 department on the EIS for highway forum at St. Mary's Church at 5:30 is meeting March 15 and 22 at There is a continued public the land use code. There is a at 5:00 p.m. with the highway 82. There will be an election p.m. March 23rd. 2. Mayor Stirling said the fire department dinner is tenta- tively schedule April 15th, hosted by City Council. Mayor Stirling said he is working on scheduling the dinner for the Boards and Commissions, probably April 8th. 3. Mayor Stirling said he has been informed by residents in the Galena street improvement district that the improvements will not be done this year. Jay Hammond, city engineer, said this is tied in with coordinating the utility work with the Hadid hotel. Hammond said the city's commitment is to complete the design and be in position to bid the project this spring. Hammond said in the face of a definite schedule by Hadid hotel to install utilities late this summer, the city does not want to create a protracted impact on the neighborhood this summer. Hammond told Council the intent is still to do the district this year. Mayor 3 Regular Meeting Aspen Citv Council_ March 14, 1988 Stirling said the residents want the district to go ahead and may be prepared to deal with the construction impacts. Mayor Stirling urged Hammond to contact people in the district. Hammond said he is getting mixed signals from residents of the district. 4. Mayor Stirling moved to add the Red Roof Inns to the agenda as item VIII a-1; seconded by Councilman Gassman. All in favor, with the exception of Councilwoman Fallin. Motion carried. Councilwoman Fallin said something should be taken off the agenda if Council is going to add the Red Roof. 5. Mayor Stirling asked if the staff has any report on the "trunk shows", if they are collecting sales and getting business licenses. Assistant City Manager Mitchell said he will have a report for Council this week. 6. Mayor Stirling said the city manager's report mentions that the old Council Chambers will be divided up and allocated to staff. Mayor Stirling said the Council dismally and poorly serves the Council in the existing space. Mayor Stirling asked Council how they feel about moving back to the old Council Chambers on the second floor. Councilman Isaac opposes moving the Council chambers because it does not serve the community any better than the present space. There is no accessibility and this room does not allow some people in the community to par- ticipate in meetings. Councilwoman Fallin asked if this change would put the city off schedule making changes and moving other departments. City Manager Bob Anderson said it would cause a change of plans. Councilwoman Fallin asked if anything can be done to make the second floor room more accessible to handicap. Anderson said he would not recommend installing an elevator. There are some lifts; he would have to talk to the architect about this. Anderson reminded Council there is an election next month to determine whether city hall will be sold or not. Anderson said he would like to spend as little as possible on city hall. Councilman Gassman said there is a big difference in the two rooms. The first floor room meets one requirement, which is accessibility. The first floor serves the public very badly in asking them to try to see or hear. Councilman Gassman said the second floor room as far as conducting government business is far superior. Councilman Tuite agreed and said the first floor room is really inadequate. Councilman Tuite said he would be willing to move back upstairs and will work with staff to make it easier to get there. Mayor Stirling said the audience in this room cannot see or hear. Mayor Stirling said Council's first duty is to serve the public at large. The public at large has been put 4 Regular Meeting _ Aspen City Council March 14, 1988 in a secondary status to the handicap issue. Mayor Stirling said before staff starts dividing up the second floor room, the city should shift the plan to the first floor. Anderson told Council he has no problems making the changes but would not want to work out the handicap access until after the election. Councilwoman Fallin said she championed moving downstairs because of the handicap access, but this room for the audience is awful, cold and dark. Mayor Stirling moved to direct the city manager to begin work on revising the construction schedule and as soon as possible work on access for the second floor to get Council back there for their meeting rooms; seconded by Councilman Tuite. All in favor, with the exception of Councilman Isaac. Motion carried. City Attorney Taddune said the city should be sensitive to state laws regarding accessibility. 7. Councilman Isaac said he will resign if Council moves to the second floor. Councilman Isaac said being carried up and down stairs is a threat to his life as well as the people carrying him up the stairs. 8. Councilwoman Fallin said she had a call about the parking situation at the airport. Councilwoman Fallin said the short term parking needs to be analyzed. City Manager Bob Anderson said this will be analyzed with the private company that has the contract. 9. Councilwoman Fallin said there have been mail delays for mail to the Council boxes, which is probably due to the office moves . 10. Councilman Gassman said the city staff is looking into selling 3 acres of park zoned open space at the end of Silver King Drive. Councilman Gassman said the staff is only responding to inquiries; however, the entire open space issue is such an important issue to the community that he has a problem with even getting to the point of analyzing this without Council knowing anything about it. Councilman Gassman requested this issue be put on the next agenda. Councilman Gassman said he feels that the only threat to open space is the city. Assistant City Manager Mitchell said the intent is to have enough informa- tion to prepare this for Council. 11. City Manager Bob Anderson said there is an election in April on the sale of city hall. Anderson asked how Council would like the staff to handle this. Assistant City Manager Mitchell said just putting ads in the paper is not a very adequate way of getting the information out. Mitchell said if Council wants to send something to every registered voter, it will cost about 5 ReQUlar Meetinct Aspen City___Council March 14, 1988 X2,000. Councilman Gassman said he would prefer to see nothing done. Councilman Tuite said the options on city hall need to be discussed. Councilwoman Fallin moved to spend up to $2,000 for informational ads for the April 5 election to include mailing to registered voters if feasible; seconded by Councilman Isaac. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Anderson asked if Council would like staff to discuss these election issues with community groups. Mayor Stirling said the more information the city can get out, the better. CONSENT AGENDA Councilman Gassman said he would like to take the mall leases off the consent agenda. Mayor Stirling suggested putting this on the next Council agenda. Councilwoman Fallin said $2 is too low. Assistant City Manager Mitchell said Council can make the mall rents what they would like to. Councilman Gassman said the city is subsidizing mall business; they get free snow plowing, landscaping and maintenance. Councilman Gassman said a lease should take into account the free services the rest of the taxpayers are subsidizing. Mayor Stirling moved to put the mall leases on March 28, 1988; seconded by Councilwoman Fallin. All in favor, motion carried. Councilwoman Fallin moved to approve the consent agenda; seconded by Councilman Isaac. The consent agenda is Minutes - February 8, 22, 1988; Liquor License Renewals - Asia; Crystal Palace; Financial Report; Telecommunications Contract - Jim Considine; Request to use City Property - Audi Quattros. All in favor, motion carried. Mayor Stirling said moving the Council Chambers to the second floor is a very difficult issue for Councilman Isaac. Mayor Stirling said Councilman Isaac was elected by the people to do a job without thinking about what the access was. Mayor Stirling said there was no access to the second floor when Councilman Isaac was elected. Mayor Stirling noted Isaac has raised the Council's and community's consciousness. Mayor Stirling said there is a willingness of everyone to assist Isaac in moving beyond a flat area. Mayor Stirling said to continue to have the first floor as a convenience for Isaac is an inconvenience f or all the people and is not equitable. Mayor Stirling said he is looking for a compromise and wants staff to explore a lift system for the second floor. Mayor Stirling said Council also has to respond to the people. Councilman Isaac said it is not equitable 6 Regular Meeting Aspen City Council March 14, 1988 for the city to require new and remodeled restaurants to put in elevators and then the city moves their meeting room to an inaccessible area. Anderson told Council he will look into alternatives for the second floor. Mayor Stirling said he does not want to preclude the option of moving the Council Chambers by building offices on the second floor. ORDINANCE #65, SERIES OF 1987 - Non-conformities Mayor Stirling opened the public hearing. Alan Richman, planning director, said Council and staff have been struggling with this issue for several months. Richman said each time he has been about to resolve a set of issues, a new set of issues surfaces. Richman told Council he met last week with the lodge association, who brought up a new series of problems that staff had not been considering. Richman said he has been struggling on the question of dealing with non-conforming structures which are willfully demolished by the owner. Richman reminded Council at the least hearing, he recommended when a non- conf orming structure is demolished willfully to 75 percent of the floor area and wall area of the structure, that would be the time to require that structure to be brought back into conformance. Richman said two problems were raised; what do you do when it is a multi-family complex that has more units than would be allowed by the code today. If the structure were demolished and had to be brought back into conformance, some of the owners would not have units. Would the city be liable in that case. The second case was for small structures, and the 75 percent would hurt the small structures. Richman told Council he came to the conclusion this approach has not seen its time. Richman said this approach needs a lot more work by the staff to take all the holes out of it, and there are too many unanticipated consequences in this restrictive approach. Richman said the Council can go with the approach of continually adding exceptions. Richman drafted an ordinance to deal with the density issue and small structure issue. Richman said he questions an ordinance which tries to simplify the code, and then adding new sections to override other sections. Richman said he does not feel this is achieving simplicity and that the city will have to add new exceptions. Richman pointed out that phased demolition will get around the 75 percent requirement. Richman said he thought the public would say they feel strongly about eliminating non-conformities. Richman said that has not hap- pened, and the community is not behind this ordinance. Richman suggested an approach which would grandfather the non- conf ormities in the case of willful demolition. This approach 7 ReQUlar Meetin4 Aspen Citv Council March 14, 1988 allows the ability to restore a non-conforming structure which is willfully demolished. Richman told Council he has an amendment for non-willful demolition, that frequently getting through the insurance morass takes more than 12 months. To put a 12 month restriction on non-willful demolition is beyond the capability, and the current code allows 24 months. Richman recommended new language for non-conforming uses in exhibit A to look at willful demolition and that it would have to be restored in conformance with the regulations. Richman pointed out in hotel and lodge preservation there is currently language deal with the invest- ment, which is out of date. Richman said the language in exhibits A and C will be less punitive than the ordinance. Richman said the 12 months is currently part of the nonconform- ing use provisions and should stay that way. Mayor Stirling said the 24 month provision makes sense. Mayor Stirling closed the public hearing. Mayor Stirling moved to adopt Ordinance #65, Series of 1987, as amended on second reading (1) insert the language on exhibit A for section 24-13.2 (G) ; (2) add a new section 24-13.3 (F) to read "Ability to restore. A nonconforming structure which is willfully demolished or destroyed to any extent may be restored as of right if a building permit for construction shall be issued within twelve (12) months of the date of demolition or destruction. A nonconforming structure which is demolished or destroyed to any extent by an act of God or through any manner not willfully accomplished by the owner may be restored as of right if a building permit for reconstruction shall be issued within twenty-four (24) months of the date of demolition or destruc- tion"; and (3) insert the language in exhibit C to make section 24-13.5(A) consistent with revised Section 24-13.2(G); seconded by Councilwoman Fallin. Mayor Stirling said he likes the original direction to get conformity in the neighborhoods; however, the ordinance would have been too punitive in some situations. Roll call vote; Councilmembers Isaac, yes; Tuite, yes; Gassman, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #3, SERIES OF 1988 - False Alarms John Goodwin, police chief, told Council there are minor language changes in this ordinance since first reading; the substance has not been changed. Goodwin told Council in 1984, the alarm ordinance was changed to provide for a $10 fine for false alarms. Goodwin told Council in 1984 there were about 470 false alarms; in 1987, there were 950 false alarms. Goodwin said the number of alarm systems in the city has increased, and the prevailing 8 Regular Meeting Aspen Citv Council March 14, 1988 attitude of people with alarm systems has indicated that a $10 fine does not encourage people to monitor their alarms, nor does it recompense the city for the time and money spent on false alarms by staff . Goodwin told Council staff has researched a number of false alarm ordinance throughout the country. Staff feels this ordinance is fair. Goodwin said the alarm companies are concerned about false alarms also. Mayor Stirling opened the public hearing. David Bittner, Security Consultants, told Council they have been doing business in Aspen for a year and a half. Bittner said in general he is in favor of the changes in this ordinance. Bittner said experience has shown this is the only way to cut down on false alarms; a $10 fine is totally ineffective. Bittner said the requirements for the alarm companies to do business in Aspen are expensive. There is a $200 business license fee, a $200 alarm contractor license fee, and a $100 for a contractor's license. Bittner said no one in the city government is ov er- seeing alarm companies. Bittner pointed out neither the police department nor the fire department are in the ordinance to review the qualifications for alarm companies. Bittner said he does not understand why the city wants to know what an alarm company's personnel policies and method of operations are. Bittner said to have a certified public accountant sign off on the company's financial statements is very excessive. Bittner said section e(1) requires a performance bond, which is very difficult to obtain and does not benefit the public at large. Bittner said there ought to be a 30 day grace period for new alarms. Mayor Stirling closed the public hearing. Goodwin told Council the section referred to by Bittner was taken totally from the existing alarm ordinance; there were no changes made. Goodwin said this ordinance was aimed at the false alarms themselves. Goodwin said the alarm company requirements did not come up in staff discussions about this ordinance. City Attorney Taddune told Council staff used ordinances in effect throughout the country as models. Taddune said these provisions were to benefit the consumer. The bond has always been in the ordinance to insure someone in the security business is adequately equipped to provide service to his customers. Councilwoman Fallin moved to adopt Ordinance #3, Series of 1988, as presented by staff; seconded by Councilman Gassman. Mayor Stirling said integrating the 30 day grace period seems reasonable. Councilwoman Fallin said she will not accept a grace period. Councilman Tuite said he would be willing to look into some type of grace period, like the first 3 alarms a year. 9 Regular Meeting Aspen Citv Council March 14, 1988 Goodwin said he would prefer a time period, rather than a certain number of alarms. Roll call vote; Councilmembers Gassman, yes; Fallin, yes; Tuite, No; Isaac, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #4, SERIES OF 1988 - Assessment Formula - Underground District Chuck Roth, engineering department, reminded Council there was a public hearing on the assessment role at the last meeting. Staff recommends passage of this ordinance on second reading. Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #4, Series of 1988, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Fallin, yes; Gassman, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #5, SERIES OF 1988 - Land Use Code City Manager Bob Anderson suggested this be continued to March 21 in order to give a more depth discussion of the ordinance. Mayor Stirling opened the public hearing. Graeme Means asked Council to eliminate or change the required separatation between the principle and accessory buildings. Means said this has been aggravated by the increased setbacks enacted recently. Means said on certain size lots, this regula- tion decreases the flexibility. Means said the reason for this requirement is fire, which could be handled by fireproofing the walls. Means told Council the UBC states buildings can be closer than 5 feet if they are fireproofed. Means said he would like Council to consider eliminating this. Alan Richman, planning director, told Council this is in article 5 and is a requirement in each of the residential zone district for a minimum separation between principle and accessory build- ings. Richman said this was not looked at in the R-6 revisions. Richman told Council he would be willing to look at this and return to Council during the adoption of this ordinance. Dan Arrow said because this is being adopted in a serial fashion, it is difficult to figure out when certain regulations will be addressed. Mayor Stirling said Council did Articles 1, 2, 4, 5, and 6 last week. At the continued public hearing, Council will address articles 7, 8 and 9. 10 Regular Meeting Aspen City Council March 14, 1988 Richman entered the first draft, presented to Council last summer, the second draft presented to P & Z, and the public hearing record into the record. Richman told Council staff added language to article 1 about the appeal regarding old and new regulations. The appeal states if someone has submitted an application after the new law is in effect and they feel the law has a very harsh effect on them, they can appeal to Council to be heard under the old regulations. Richman pointed out he also put in an appeal for someone who submits an application now and wants to be heard under the new regulations. Mayor Stirling said Council has not decided about park dedication fee f or commercial applications or the Board of Adjustment quorum. Richman said he will keep track of the undecided items and bring them back to Council at a subsequent meeting. Mayor Stirling moved to continue the public hearing on Ordinance #5, Series of 1988, to March 21, 1988; seconded by Councilwoman Fallin. All in favor, motion carried. LIQUOR LICENSE HEARING - Le Cadeau Mayor Stirling opened the public hearing. City Clerk Kathryn Koch reported the file, posting and publication to be in order. This is located at 415 East Main, which was formerly licensed as Maestro's. Mayor Stirling said when Council turned down a request in 1987 for this location, they turned the license down for reasons of character of the applicant, not needs of the neighborhood. John La Salle, representing the applicant, told Council this is a request for a three-way liquor license. La Salle reminded Council there was an existing license at this location, and when Council turned down this license, they made a finding that the needs of the neighborhood had not been met. La Salle told Council the applicants are Geoffrey and Patricia Whitney. Geoffrey Whitney is a graduate of the New England Culinary Institute. The Whitneys plans to run the restaurant themselves. This will be a French restaurant. Geoffrey Whitney said the restaurant will have continental French cuisine. The entrees will range from $12 to $25, trying to give a wide variety of prices and items. Mayor Stirling asked for opponents. Dan Arrow pointed out it is the burden of proof on the applicant to prow e the needs of the community have not been met. Arrow said the need has not been proved, and that 56 licenses in this community is plenty to serve everyone. Dan Shank said a previous license in this location does not prove that the needs have not 11 Regular Meeting Aspen City Council March 14, 1988 been met. Arrow stated he opposed this license based on the fact that this community does not need another license. Mayor Stirling closed the public hearing. Councilman Isaac moved that based on the evidence presented at a public hearing held March 14, 1988, relating to the application of Le Cadeau for a three-way liquor license, the City Council find that the needs of the community have not been met and that the license as applied for is hereby granted; seconded by Councilwoman Fallin. All in favor, motion carried. RED ROOF INNS City Manager Bob Anderson reminded Council they had been con- tacted by the M.A.A. and housing office about keeping the Red Roof for employee housing. Staff was directed to come back with a firm proposal at this meeting. Anderson told Council the city has received other proposals for Council to address. Anderson said previously Council had approved sale of t he Red Roof f or more than $2,000,000. The M.A.A. and housing have pointed out the need for student housing and dormitory-style housing. Anderson reminded Council this winter the Red Roof has been used for dormitory housing by the skiing company. Anderson said the lease for this winter has been working out well. Anderson told Council the city has received offers from a number of people, some of the offers are in the Council packet. One offer from Jack DeBoer, is to pay $2,100,000 cash under the premise to give the Red Roof back to the community in exchange for a density transfer. If that density transfer does not work out, DeBoer will own the Red Roof. During the first year, DeBoer will offer the Red Roof to the M.A.A. and housing office. Anderson told Council there have been some private offers through hotel brokers of Colorado. In two of the other proposals, the city would be asked to finance the property. Councilwoman Fallin said in order to do what DeBoer is asking, the city would have to annex the property. Anderson said they do not ask for the city to guarantee performance but offer the city $2,100,000 regardless. Andy Hecht, representing DeBoer, said there are to elements to the purchase. One is a cash offer to purchase f or $2,100,000 without any regard to the reversion to the city. The other is an offer to the city to take it back if there can be a transfer of the density to property on the other side of the highway. Anderson said there is no risk and no obligation. Hecht said one condition is the use of the Zoline property. 12 Regular Meeting Aspen City Council March 14, 1988 Councilman Gassman said to consider an offer to use land that the public bought for open space for a private golf course is offensive. Councilwoman Fallin agreed. City Attorney Taddune told Council when the city purchased the Zoline property, staff discussed annexing and master planning the area on the other side of the creek so that it might be an extension of the golf course. Hecht said the intention is to use as little of the Zoline property as necessary. Councilman Isaac said this golf course would have to be open to the public. Anderson said the city does have a precedent of leasing public open space to groups for uses like community gardens. Anderson said if this open space is to stay open, the community might benefit from leasing a portion for a golf course. Mayor Stirling said he is willing to discuss this proposal. There may be some community benefits f rom this proposal. The M.A.A. could become an integral part of this proposal. This would make the sixth penny whole. Councilman Gassman said if someone wants to transfer the density on this property, the city should sell it and it should be torn down. Building additional units is not a transfer density. Hecht said the thought is to deed restrict the Red Roof to employee housing, which is exempt. Council scheduled a work session on the Red Roof Inn Wednesday, March 16th at 5:00 p.m. Councilman Isaac requested a memorandum outlining and comparing all the proposals. GRASSROOTS ADVERTISING Assistant City Manager Mitchell told Council Canyon Cable and Grassroots meet and agreed on his compromise solution except for one item. Grassroots exception is to video the store front; Mitchell recommended a video of the sign only. Alan Margolis said Grassroots will accept the staff recommendation if they have to. Grassroots would like Council to approve another compromise and give a vote of confidence to Grassroots. Margolis said they propose to add to 3 (a) , "Grassroots may televise sponsor iden- tification subject to some standards within the guidelines . of the FCC as pertains to non-commercial public radio and television and subject to the standards guidelines or policies approved by the Aspen City Council". Margolis told Council they will accept alternative 3(d), which would eliminate 3(c) saying they could only run 4 identifications in a row. Margolis said this would not give them enough sponsors to support the news program. Margolis said they will accept sponsorships at natural beginnings and end of a portion of a program. Mitchell said 3(c) is at issue and he recommended to read "the logo or sign must value neutral", which eliminates videoing the entire store. Margolis said he does not know how to judge whether something is value neutral; a logo is a logo. Mitchell 13 Regular Meeting Aspen Citv Council March 14, 1988 told Council the FCC requirement for PBS is that they cannot have anything that suggests pricing or sale. Mitchell said his concern about the storefront is that inadvertently they should show sale signs. Margolis pointed out their policy says the storefronts have to be value neutral. Margolis said under FCC guidelines, they can show location. Margolis said he feels showing a picture of a location is less commercial looking than a showing a picture of a sign. Margolis said television is moving, not solid for 15 seconds. Margolis said it is hard enough to get funding for Grassroots and implored Council not to make it harder. Kelly Bloomer, Canyon Cable, told Council they continue to support the recommendation of staff. Bloomer said they hav e a big problem with these sponsorships. Bloomer said Grassroots should be strictly limited to a sign logo, and these should not be inclusive of storefront locations. Bloomer said comprehensive rules and regulations need to be established regarding admin- istering this channel. Bloomer said he feels this will evolve to the entire program day, although this proposal is to be strictly limited to the news. Mayor Stirling said the issue is logos versus storefronts. Bloomer said the key is limiting these to identifications not advertisements or promoting products. Mayor Stirling said the issue is the balance between non-profit and for profit. Mayor Stirling said non-profit cannot have it every way and go toward advertising. Mayor Stirling said he is willing to accept staff's recommendation. Bloomer said Grassroots is going way beyond the bounds of what a public, educational governmental channel is limited to with respect to programming. Bloomer said Grassroots should limit themselves just to identification of sponsors. Councilman Isaac moved to approve the agreement drafted by Ron Mitchell and encourage Grassroots and Canyon Cable to live with it; seconded by Mayor Stirling. Councilman Isaac said his motion means no storefronts. Council- woman Fallin said she does not agree with this motion. There are no clear cut guidelines, and she has no problem with storefronts. Councilman Gassman agreed. Mayor Stirling said Grassroots seems to be entering the domain of for-profit groups. Councilwoman Fallin said Grassroots is not in competition with the market. People who are sponsoring Grassroots are doing it to support community access television and not from a commercial standpoint. Bloomer said federal law requires Canyon Cable to set aside governmental channels and commercial channels, and Canyon Cable feels the guidelines are very clear. 14 Regular Meeting Aspen Ctv_Council March 14, 1988 Councilman Isaac and Mayor Stirling in favor; Councilmembers Tuite, Gassman and Fallin opposed. Motion NOT carried. Councilwoman Fallin moved to adopt alternative 3 and amend (c) to allow store front videos that are value neutral, and (d) to give more flexibility than just the beginning and end of the programs; seconded by Councilman Gassman. Bloomer told Council Canyon Cable will take this under advise- ment. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Calypso Councilwoman Fallin moved to approve the transfer of the liquor license to Calypso Inc; seconded by Councilman Gassman. All in favor, motion carried. GMP AMENDMENT - 700 East Hyman Residential Steve Burstein, planning office, told Council this is a request to revise the entrance steps to the 700 Eat Hyman townhouses and to eliminate some street furniture and to spend this money on additional landscaping. Burstein told Council the entry stair is already built. When P & Z learned that, they determined this revision constituted a deviation and should be an amendment to th e approved plan. The street furniture was bonded for $1100. Burstein told Council P & Z accepted the applicant's proposal to leave the staircase as is, and to use the 51100 for additional landscaping. P & Z recommended the project be down scored to 1 point in site design and to 1 point in neighborhood compati- bility. P & Z felt the changes were not as positiv a in these two areas. Burstein recommended Council reduce the original score in these two areas and to change the west staircase entry as built and to use the 51100 for on-site landscaping. Councilman Isaac said he is not very happy with this. Applicants state they are going to build something to certain specifications and compete on that basis, and then do not build it. Councilman Isaac said unless applicants can prove there is a hardship, he would like them to go with the original plan. P & Z felt there were some positives, like additional greenspace where the staircase is. Sunny Vann, representing the applicant, reminded Council origin- ally the applicant competed for an office building on that site. In that application, some street furniture and tree grates, paving and bicycle racks were provided. The application was unsuccessful in receiving an allocation, and the applicant had 15 Regular Meeting Aspen CitYCouncil March 14, 1988 only 4 weeks to re-design a residential project. Vann said there is now grass between the street and sidewalk and the tree grate is not required, and the trees are farther back because it is not a problem of cars hitting the trees. Vann said as far as bike racks, this is now a residential project with private storage for each individual unit with no visiting public that would need a bike rack. Vann said when that error was discovered, the applicant requested an amendment of the application to include a more reasonable use of the money these type of f eatures would have required. Vann pointed out the applicant did not request to be exempted from this but to be able to use the money for more landscaping. Vann said these type of problems are coming to an end in the community. There has been some differences of opinion as to what level of changes can occur in the architecture of a building between conceptual stage and the design development stage, which occurs after one receives an allocation. Vann said as more information on this project became available, the stairs were oriented in a different direction. The architect made a design decision that it was better to change the stairs and pave less of the site. Vann said this was not perceived to be a change that warranted review, and no request for approval was submitted prior to the stairs actually being installed. The planning office has since promulgated some guidelines to help the design community understand what is an acceptable deviation and what should be reviewed. Vann said this change created less of an impact on the street and enabled the applicant to put less paving on site. Vann told Council P & Z felt this ought to be a slap on the wrist for applicants to come back any time any changes are made. The final vote was in favor of approval, and the reduction in score would be a warning to applicants in the future. Councilman Tuite moved to reduce the original score of the 700 East Hyman residential GMP application to 1 point in neighborhood compatibility and 1 point in site design, considering the proposed modifications to (1) change the west stairway entry as built and (2) use 51,100, which had been committed for installa- tion of street furniture on the site and adjacent rights-of-way, for additional on-site landscaping as shown on an amended landscape plan to be presented to the satisfaction of the planning office. The amended landscape plan shall be presented to the planning office by no later than May 1, 1988, and instal- lation of landscaping shall be completed by no later than July 1, 1988; seconded by Councilman Gassman. Mayor Stirling said he feels there is a distinction in the level of change between conceptual and final and between final and construction. Changes are expected between conceptual and final. Then the community relies on the building going up as approved at 16 Re4ular Meeting _ _Aspen C;ity Council March 14, 1988 final unless there has been approval. Councilwoman Fallin said the whole idea is a major change. There was one building that decided at the drafting board clot to put an elevator in. In this case, the applicants made a change without coming back for approval. Councilwoman Fallin said the applicants ought to put the stairway in the way it is i.n the plan. Vann said there is an amendment process. Had the applicant f elt changing the stairs 90 degree:> was a major change in the design affecting the GMP allocatioiz, they would have requested an amendment to the approval. Vann told Council it did not occur to the applicant that eliminating unnecessary paving and adding landscaping, they were substantially deviating from the approval of the project. Vann told Council there have been discussions between the design community and staff about how to address this problem in the future. Vann s~~id there is an increasing level of holding the community to what :is represented at conceptual. Vann said in the past there has bee~1 certain latitude; there have been abuses of that latitude, leading staff to come up with new regulations. All in favor, with the exception of Councilwoman Fallin. Motion carried. Burstein told Council the new code has changed the GMP amendment process. Burstein told Council the planning office sent a letter to the design community to explain how applications will be handled. Burstein said staff :Feels this will solve the problem. SUBDIVISION EXCEPTION - 710-71:2 East Hyman Steve Burstein, planning office, told Council this is located to the west of the Aspen Athletic Club. The request is to con- dominiumize a duplex. Burstein said one of the requirements for condominiumization is noticE~ of first refusal given to the tenants. Burstein reminded Council there had been a commercial use at the Grainery, which this building replaced. Burstein said the applicant has requested this requirement be deleted as unnecessary, which the staff supports. The second requirement is a :six month minimum lease. Burstein told Council staff has recommended some criteria for exemption of this condition; the proximity of the building to downtown, the character of the neighborhood's . Bur stein said thi s duplex i s within two blocks of downtow-n, and is located in a transition neighborhood of commercial and some long term residences. Burstein said staff hopes the short terming of this property will not effect the property to they north. Burstein reminded Council th a duplexes directly to the west was allowed to waive the six 17 Regular Meeting Aspen City Council March 14, 1988 month minimum lease restriction. Burstein said staff supports the waiver of six month minimum leases for this building. The third criteria is reduction in affordable housing. The housing office recommended the applicant affidavit there was no bona fide employee housing being reduced. The Grainery had a history of being a short term house. The applicant supplied an affidavit that the Grainery was primarily a commercial building and not bona fide employee housing. The housing office approved of that affidavit . Burstein said the fourth requirement is that health and safety requirements be met. The building department will inspect the structure to make sure it meets the health and safety require- ments prior to certificate of occupancy. Burstein told Council staff and P & Z recommend approval with three conditions; (1) a plat to be f fled; ( 2 ) a statement of exception to be filed, and (3) storm water runoff calculation and dry well sizing be performed. Burstein said the engineering department is satisfied the applicants have submitted the calculations in sizing, and it is a matter of the building department to assure this is installed prior to certificate of occupancy. Councilwoman Fallin said this building should not be exempt from the six month minimum lease. Councilman Isaac pointed out the building next door was exempted. Councilman Isaac moved to approve the requested subdivision exception with the conditions in the planning office memorandum; seconded by Mayor Stirling. Mayor Stirling said Council approved the waiver of the six month minimum lease previously. This building is surrounded by commercial, downtown and short term uses. It would be consis- tent to continue on the north side of the block. Councilman Isaac said there has been a real erosion in this neighborhood. On the back of this block there is some residential uses. Councilwoman Fallin pointed out the true residential aspect is being eroded and the city ought to retain what they can. All in favor, with the exception of Councilwoman Fallin and Councilman Gassman. Motion carried. RESOLUTION #8, SERIES OF 1988 - Allocation of Residential GMP Quota (Mayor Stirling lef t the room due to conflict of interest). Alan Richman, planning director, told Council this resolution affirms the action taken at the last Council meeting and awards 14 residential units to 700 East Main and 4 units to 925 Durant. 18 Regular Meeting Aspen City Council March 14, 1988 The units at issue are the 8 units being requested by 771 Ute avenue. Richman said staff clarified the previous calculation, and there are still only 12 units available in the 1987 quota and 8 units available through the excess allotment provision, for a total of 20 units. Richman reminded Council at the last meeting there was a discussion of the excess allotment provision versus the multi-year allotment provision. Richman said the multi-year allotment provision can be granted for a project to be constructed over a period of years. Richman said staf f f eel s the only way thi s can apply to a project i s i f there is phasing involved. Richman told Council he has discussed this with the applicant who would be willing to phase the project. The applicant would be willing to build 2 units in 1988, which is the allocation available, and six units from the 1989 quota, if Council is inclined to use the multi-year allot- ment provision. The applicants are able to comply with this alternative. Richman noted staff's memorandum recommended not to award units to the residential project and to let the lodge project go forward. Richman said there are some reasons Council might want to see a lodge project on the site. It has been a community goal to create small lodges in Aspen. This is one of the f ew sites capable of having development of a small lodge. It is the only site for which there is an allocation. Richman told Council the alternative for residential development does exist, and the applicant can comply with it. If Council wants to approve the residential application, Council would grant them 2 units from 1988 and 6 units from 1989 quota. The 26 lodge units will go back into the lodge quota. The code is specific in saying when an allotment expires, it must go back into the quota. Richman told Council the city is still behind in lodge q uota with the approvals that have been granted. Sunny Vann, representing the applicant, told Council it is difficult to phase a project like this but the alternative does enable the applicant to build a preferable project. Vann t old Council the applicant would build a subgrade garage this fall and initiate construction on the 2 units f rom the 1988 allocation plus the reconstruction of the one existing unit currently located on the property. Vann told Council they would resume construction on the remaining six units in the spring. Vann said they have a step to complete in the review process, either final plat and/or preliminary plat. The allocation is not effective until the applicant completes the remainder of the review process. Vann said they would not want the lodge allocation to expire until they have a chance to complete the review process. Vann said the lodge project is in the building department. They 19 Regular Meeting Aspen City Council March 14. 1988 would like to put this on hold and complete the remainder of the residential project. Vann said Council is authorizing an allocation to be granted upon the applicant's successful completion of the remainder of the residential process. If the lodge allocation were to expire, and they could not complete the process, they would be left with nothing. Richman said Council could state the allotment would be subject to receiving final plat and at the time final plat is received, the lodge allotment would be expired. Councilman Isaac said he would like to sterilize the 26 lodge units. Richman said Council has already granted them for this lodge project. Richman said in 1988 and 1989 there are still no lodge units available for competitors. Richman said these 26 units will not change that but will bring the date sooner when units will be available. Richman told Council there are only a few properties in the L-1 and L-2 that are unbuilt. Councilman Tuite said the adjacent landowners have said they would prefer not to see a 26-unit lodge but this other development. Richman said Council, if they are inclined to approve the resolution, will need to add another resolved paragraph to award the remain- ing 2 excess allotments and 6 allotments from the 1989 quota to the 771 Ute avenue project, subject to final plat, and the lodge units will be expired. Councilman Isaac moved to approve Resolution #8, Series of 1988, as amended above; seconded by Councilman Tuite. All in f av or, motion carried. AMENDED LOCAL IMPLEMENTATION PLAN - PM 10 Plan Lee Cassin, environmental health department, recommended Council amend the plan to include a minor change to get at existing devices. Ms. Cassin reminded Council the parts of the LIP scheduled to go into effect do not do anything about existing devices. Ms. Cassin said Council decided the portion requiring updating of stoves and fireplaces would not go into effect until Council got data from pollution monitoring. Ms. Cassin told Council the city is not going to get this data until July 1989 at best. Ms. Cassin said staff is concerned about not letting existing devices to be a problem that long but the Council wanted to get data. Ms. Cassin proposed the city require upgrading on sale of a property. Ms. Cassin said this will bring compliance very slowly but is doing something about the problem. A benefit to citizens is that they could come up with the money to upgrade as part of the sale. Ms. Cassin told Council the city had 3 violations at of PM 10 monitoring at the end of six week of monitoring. Ms. Cassin said 20 Re4ular Meeting Aspen Citv Council March 14, 1988 the city is allowed to have 3 violations in 3 years. Ms. Cassin explained that the data the city already has is how bad the PM 10 levels are; the data the city does not have is the chemical analysis using lab tests to figure out which particle comes from which source. This is the data the city will have in 1989. Councilwoman Fallin said she is having problems coming down on wood burning devices when the 3 violations seem to coincide with the days the city did street sanding. Ms. Cassin said these 3 violations are probably 95 percent road sanding. Ms. Cassin said in the spring, the city gets violations from sanding, and over the holidays it is from wood burning. Councilman Isaac said Rocky Mountain Natural Gas is threatening to turn off the supply of gas to customers who have put in gas log f fireplaces. Ms. Cassin said RMNG will approve some gas logs tested by the main testing lab. Ms. Cassin said there is another testing lab the staff would like them to approve the devices made by. Councilman Tuite said he has a problem with July 1989. The city has been waiting for the data, has adopted some of the plan, and still will not have the data. Ms. Cassin said the state health department has to have data all the way through a winter. This monitoring was started late. Mayor Stirling said this amendment would begin to address one aspect that is a contribut- ing factor to pollution and wood smoke. Mayor Stirling moved to push of f any legislation relating to requiring gas logs across town until the data is available and to require upgrading upon the sale of every property beginning within a reasonable time period of this meeting; seconded by Councilman Isaac. Councilman Isaac asked the Mayor, as part of the motion, to send a letter to Rocky Mountain Natural Gas asking them to be more flexible. The Council agreed. All in favor, with the exception of Councilman Gassman. Motion carried. ELECTRIC POLICIES - Kopf & Kopf Contract Assistant City Manager Mitchell said the city has been dealing with Holy Cross, Colorado Ute and other electric companies on a case by case basis. Staff requested the city's electrical consultant to prepare a proposal on putting together guidelines and proposed policies and do some analysis on the work with these electric companies done in the past. Mitchell said he f eels it is very important f or the city to do this as the city is not always coming out in the best position. Mitchell said the city is dealing with Holy Cross on the two major hotels, on the 21 Regular Meeting Aspen Citv Council _March 14, 1988 Maroon hydro facility, annexation, undergrounding, and other projects. Mayor Stirling asked if the city bid this study out. Mitchell said the city used Clem Kopf because he has been doing the majority of the city's electrical consulting. Mitchell pointed out someone else would have to do a lot of background work. Councilman Isaac asked if the money is available in the electric budget. Mitchell said it is available in the fund balance carried forward from last year. Mitchell said the policies might give a proposed standard solution or alternatives the city can present to Holy Cross. Mayor Stirling said $14,000 seems like a lot of money for this study and perhaps it could be done in house. Mitchell said staff does not always have the technical knowledge. Councilman Isaac moved to authorize the city manager to execute a contract with Kopf & Kopf for a study to develop proposed policies and guidelines f or the city electric system concerning the Holy Cross relationship; seconded by Councilwoman Fallin. Councilman Tuite said these are policies that Holy Cross is not necessarily going to buy into. Councilman Tuite said the city will always need a consultant coming in when they have these issues. Mitchell said this sum can be made up easily in how a wheeling contract is done. Clem Kopf told Council it pays to be prepared, and these are complex matters. The city gets about $1,000,000 out of Ruedi and the city is paying $300,000 to get the electricity here. There is a lot of money involved in these negotiations. Mitchell said Kopf can deal with annexation in this analysis also. All in f avor, with the exception of Councilman Tuite and Mayor Stirling. Motion carried. CONDEMNATION OF TRAIL EASEMENT - Shadow Mountain Assistant City Manager Mitchell said Pitkin County Parks Associa- tion if offering $4,000 to the city to condemn easements on Mr. Sheehan's property that he acquired from Hans Gramiger. Mitchell reminded Council a number of months ago staff pro posed an alignment that would run along Hopkins street. Council declined that option in favor of the higher alignment. At that time, staff indicated to Council a number of these easements would require condemnation proceedings. Mitchell told Council this if the first of these proceedings. The city has the survey done for the easements on Sheehan's property and the property on both sides of Sheehan's property. Mitchell said the staff will proceed to get appraisals and proceed on this condemnation based on Council's recommendation. 22 Regular Meeting Aspen City Council March 14, 1988 Councilwoman Fallin moved to ask the city attorney to move forward with this and to accept the 54,000; seconded by Council- man Gassman. Viscount Stewart told Council he does not feel the high trail is such a good idea. Stewart presented Council with a number of pictures showing a lower trail going f rom the Marolt bridge, along Seventh and along Hopkins. Stewart said the lower trail is a gentle trail and for all practical purposes exists. Stewart said the city owns most of the land on the lower trail. Stewart said people using the lower trail would not have to go up and down hills and through people's backyards. Stewart said the snow is better and there is better access. Mayor Stirling said the Council has been on the lower and upper trails, and the sense of Council is to pursue the upper portion. Hans Gramiger said he looked at the Aspen Area comprehensive plan, parks, recreation, open space, trail easement, July 1985. The language used for the trails is different from what has been implemented so far. In the Mary B lot split, the county extracted a trail easement which has set the stage f or an upper trail. Gramiger said he has a covenant in Mr. Sheehan's deed, when he sold him the property, to prevent that. Gramiger said he is a property owner and is defending his property rights. Gramiger said to look at this from what that trail is supposed to do. Gramiger pointed out the Nordic council tried to have its own district, but was defeated by the voters. The city has bought Pisten bulleys to pack the trails, and the parks depart- ment is more qualified to maintain the trails. Gramiger said the question is whether the Marolt bridge is a multi-purpose bridge or is an elitist trail bridge for a few cross country skiers. Gramiger said with the pressures the city has in the future from employee housing at Castleridge, highlands, etc., the trail along Hopkins and Seventh is a vital transportation link for pedestrian and bicycles. This trail can easily duplicate for cross country skiing in the winter. Gramiger told Council with his backhoe he made a feeling what an elevated trail along his berm would look like. Gramiger said this trail has got to be used, and is the only alternative to the highway 82 Castle creek bridge. Gramiger told Council he is advocating a pedestrian and bicycle path. Anything else is shortcutting the public interest. Gramiger said an upper trail is not functioning as part of the transportation system. Lyle Reeder, property owner in the area, recommended Council approve the lower trail on Hopkins. Reeder told Council he and Stan Johnson are working on development plans for Johnson's property. At that time, they might be able to consider a trail across that property. Reeder said to go piecemeal on condemna- 23 Regular Meeting Aspen City Council March 14. 1988 tion when the city has not negotiated with all the owners involved is not recommended. Jon Mulford said PCPA favors the upper trails, which has been studied by the city, Nordic council, the PCPA. This trail would accommodate bikers, walkers, eques- trians, and cross country skiers. All in favor, motion carried. ORDINANCE #6, SERIES OF 1988 - Amending CCLC District; Alternate Member Councilwoman Fallin moved to read Ordinance #6, Series of 1988, on first reading; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #6 Series of 1988) AN ORDINANCE APPROVING AN AMENDED AND RENEWED TERM OF OPERATION FOR THE COMMERCIAL CORE AND LODGING AREA COMMISSION UNTIL DECEMBER 31, 1991, DESCRIBING THE COMPOSITION, TERM AND QUALIFICATIONS OF COMMISSION MEMBERS; THEIR POWERS AND DUTIES; PROVIDING FOR APPEALS BY PERSONS AGGRIEVED BY ACTIONS OF THE COMMERCIAL CORE AND LODGING AREA COMMISSION AND ESTABLISHING RULES OF PROCEDURE TO BE FOLLOWED BY THE COMMERCIAL CORE AND LODGING AREA COMMISSION IN EXERCISING ITS FUNCTIONS was read by the city clerk Councilman Tuite moved to adopt Ordinance #6, Series of 1988, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Gassman, no; Tuite, yes; Isaac, yes; Fallin, no; Mayor Stirling, yes. Motion carried. REQUEST FOR FUNDS - Purchase of Street Sweeper Jay Hammond, city engineer, said the city did have violations of PM 10 in February for 3 days. The first three days of those violations coincided with the city' s intense effort to begin cleaning the street up. Hammond said there are a number of theories as to what causes the problem. One is as the staff deals with the build up, it is disturbed and brought out from the curb. Hammond said there are some things the city is considering operationally to deal with this, like doing one block at a time. One item discussed is concern for uses two flusher trucks, a sweeper told Council the county also has some access to. Hammond said the equipment. The city currently and a vacuum machine. Hammond a flusher, which the city has existing sweeper is the oldest 24 Regular Meeting Aspen City Council March 14, 1988 and is mechanically in the worst condition and is quite ineffi- cient. The sweeper is used to pick up the majority of the material. The vacuum machines follows along and picks up the remainder. Hammond told Council staff looked at and demonstrated an FMC; there are a number of advantages to this operationally. One is that the hopper can be lifted above the ground and dumped into a truck on the spot so that the machine is not hauling material. Hammond said a demonstrator model is being offered to the city for 577,455. Hammond told Council the cash purchase nets out at less than 5200 more than a 3 year lease/purchase. Finance feels that the logistics of lease/purchase would obliter- ate that $200 difference. Finance's recommendation is to fund this either from 1987 remaining funds for from the capital budget. Mayor Stirling asked how many snow plows the city has. Hammond said the city owns 3 and picks up others on a lease arrangement when needed. Mayor Stirling said this is an emer- gency situation including a health hazard. Mayor Stirling moved to make a cash purchase of the FMC unit available and work on the cash in excess out of 1988 or fund balance or a combination of both; seconded by Councilman Gassman. City Manager Bob Anderson said staff is rehab the vacuum unit or looking at buying man Tuite asked if there is a machine that like a pure vacuum system. Hammond said PM 10, the really effective equipment is a is also a machine called regenerative air, at Snowmass. Hammond said these machines own dust clouds. Another problem is that tend to deteriorate at high altitudes. working on trying to another one. Council- will do a better job, from the standpoint of vacuum sweeper. There which staf f looked at tend to generate their the power requirements Hammond told Council staff is looking at leasing either a new vacuum or an regenera- tive air machine. Anderson said staff cannot guarantee this is the solution to the dust problem; however, the city needs this equipment for year round needs. All in favor, motion carried. ORDINANCE #7, SERIES OF 1988 - Solid Waste Regulations Councilwoman Fallin moved to read Ordinance #7, Series of 1988; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE N0. 7 (Series of 1988) AN ORDINANCE AMENDING SECTIONS 10-1 THROUGH 10-14 OF THE MUNICIPAL CODE OF ASPEN TO EFFECT NEEDED CHANGES IN THE STORAGE AND DISPOSAL OF SOLID WASTE AND TO SET FEES 25 Regular Meeting Aspen City Council March 14. 1988 AND FINES FOR VIOLATION OF THE TERMS AND CONDITIONS CONTAINED HEREIN was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #7, Seris of 1988, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Isaac, yes; Tuite, yes; Gassman, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. Councilwoman Fallin moved to continue the meeting to Monday, March 21, 1988, at 5:00 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Council left Chambers at 9:10 p.m. C~~~- f ~, ~~~ Kathryn Koch, City Clerk 26