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HomeMy WebLinkAboutminutes.council.19880613Regular Meeting Aspen City Council June 13. 1988 SCHEDULED PUBLIC APPEARANCE - Colorado Chapter of American Planning Association Award to Planning Office for Land Use Regulations 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS . 3 CONSENT AGENDA 6 ORDINANCE #18, SERIES OF 1988 - Water Rates 6 ORDINANCE #24, SERIES OF 1988 - 700 East Main 11 ORDINANCE #21, SERIES OF 1988 - Historic Designations. 15 ORDINANCE #16, SERIES OF 1988 - Newspaper racks 17 LIQUOR LICENSE APPLICATION - Comedy Lift 18 RESOLUTION #11, SERIES OF 1988 - Aspen Mountain Lodge 18 RECONSIDER MALL LEASE - The Grill 18 REQUEST TO USE CITY PROPERTY - Wing Ding 19 BALLOT QUESTIONS 20 ORDINANCE #25, SERIES OF 1988 - Election Precincts 20 FOREST SERVICE WILDERNESS PLAN 20 RESOLUTION #9, SERIES OF 1988 - Annexation Element 21 AIR POLLUTION AWARENESS CAMPAIGN COSTS 21 SPECIAL EVENTS GUIDELINES 22 ARA CENTRAL RESERVATIONS LEASE 22 HISTORIC DESIGNATION GRANT - 500 West Bleeker 22 ORDINANCE #26, SERIES OF 1988 - H Designation 212 West Hopkins 23 SPA AMENDMENTS - Little Nell Project 24 BUILDING DEPARTMENT 26 28 Regular Meeting Aspen City Council -June 13. 1988 RESOLUTION X16, SERIES OF 1988 - Towing Contract 26 REQUEST FOR FUNDS - Handicap Access Guide 26 29 Regular Meeting Aspen Citv Council June 13, 1988 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Gassman, Tuite and Isaac present. SCHEDULED PUBLIC APPEARANCE - Colorado Chapter of American Planning Association Award to Planning Office for Land Use Regulations Mayor Stirling said the APA/Colorado has presented to the Aspen/Pitkin County planning office an award for the revision of the city of Aspen land use code. Mayor Stirling said this work took 2 or 3 years and was strongly supported by Council and the community. Mayor Stirling presented the award to Alan Richman, director of the planning office. Richman told Council the Chapter feels the code is a readable and usable document with a lot of complex tools in it. Richman told Council the planning office is going to nominate the code to the National Chapter. Richman reported the planning office is getting comments from the public who use the code a lot that they like it. CITIZEN COMMENTS 1. Fred Braun, landscape contractor, told Council he has a problem with the water department charging water department fees when people install a sprinkler system. Braun told Council there is not ordinance but everyone has to pay. Braun said in his experience very few people pay. Braun said if there is an ordinance, this should be enforced, or it should be eliminated. The way it is not is not fair. Braun said the fee is way too high, and there should not be a fee for this. Jay Hammond, city engineer, said in the course of implementing the new rate structure and new ordinance based on fixture counts and demand, the city is in the process of inspecting premises and finding places that have irrigation and have not paid tap fees. Hammond said over time, these will be picked up. Braun said the fees are outrageous. Councilman Isaac requested staff report back on this at the next meeting. 2. Frank Peters, representing the Hotel Lenado, reminded Council he brought up the truck traffic on Aspen street at the last meeting. Peters said the Hotel Lenado continues to suffer the inconvenience and disruption of the heavy trucks laden with dirt. Peters told Council he discussed with staff a possible solution to the long term traffic on Aspen street. Peters said Aspen street has become the route through the commercial core because of the existence of the stop light at Main and the lack of stop signs on Aspen street. Peters said the logic of that has been driven by the bus routes on Aspen street. Peters told Council at a RFTA meeting in May, RFTA was sensitive to the noise on Aspen street and decided to go to smaller buses. RFTA is also going to route traffic back out to original curve to create 1 Regular Meeting Aspen Citv Council June. 13. 1988 a two-way loop. RFTA's objective was to make it easier to use the bus system and also to decrease the noise and congestion on Aspen street. Peters told Council the majority of the RFTA board agreed Aspen street is inappropriate for bus traffic and would have preferred Monarch street. Peters said there is a problem with Monarch street because of the stop sign at Hopkins. Peters requested Council have staff look into changing the stop sign at Hopkins to favor traffic going in a north/south direction. This would make Monarch street more of an appropriate commercial route and take the load of traffic away from Aspen street. Peters suggested having staff look at signing Aspen street to prohibit commercial traffic. Peters said the situation is putting commercial traffic in a residential neighborhood and bypassing a commercial street. Mayor Stirling moved that the essence of Peter's suggestions be remanded to Jay Hammond to come back to Council with recommenda- tions about the use of interior arterial city streets to get traffic onto the highway and bring this back by the end of July; seconded by Councilman Isaac. Councilman Gassman said he feels this is a good idea if the staff looks at the entire downtown core with the goal of trying to spread out the commercial traffic over several streets. All in favor, motion carried. Mayor Stirling said he feels the opening of the design conference heralds the beginning of summer. Mayor Stirling said taking excavation work beyond that goes beyond the opening of summer. Mayor Stirling said he is concerned about the excavation at the Hadid hotel continuing until June 24. Jay Hammond, city engin- eer, said the original agreement was until June 17. The PUD agreement left that to the engineering department. The appli- cants started the project late and requested consideration of an extension. Hammond told Council he focused on the start of the music festival and allowed the excavation to go to June 24th and not beyond. 3. Daniel Delano, representing Hotel Lenado, told Council an extension has been granted for the excavation of the Hadid hotel. Delano said the Hotel Lenado and Hearthstone House have already suffered six weeks of dump trucks. Delano said it would be appropriate for the dump trucks to be moved now to Monarch street, which is the most direct route from the excavation site to Main street. Councilman Gassman said the truck traffic was moved to Aspen because of requests from people living on Original street. Councilman Gassman said this is a problem. Councilman Gassman 2 Regular Meeting Aspen City Council June 13, 1988 asked if there is a major problem of moving the truck traffic to Monarch. Councilman Gassman said the city has tried to spr ead the traffic out. City Manager Bob Anderson said having the trucks stop at the sign on Monarch at Hopkins does add to the noise. Councilman Gassman said he would like t he traffic to be moved if it can be done under the agreement. Anderson asked if the stop sign can be removed. Hammond said an option is to reverse it. Councilman Gassman moved to reverse the stop sign at Monarch and Hopkins and ask the trucks operate until June 24th on Monarch instead of Aspen street; seconded by Councilman Isaac. Hammond told Council the trucks will be faced with an extra stop light on Main street, which will add a few seconds to the operation. Person said he is sympathetic to the complaints of using Aspen street; however, going down Monarch is not the best solution. There is angle parking on Monarch, buses use Monarch, and it will become very congested. All in favor, with the exception of Councilman Tuite. Motion carried. COUNCILMEMBER COMMENTS 1. Councilman Tuite said he, Bob Anderson and Jay Hammond went to the monthly Sanitation Board meeting. Councilman Tuite told Council the city has agreed to inform the Sanitation board of the city's projects so they can be aware and make adjustments in their own projects. Councilman Tuite told Council the Sanitation Board was especially critical of the city's water management plan on which they were not asked to give any information or feedback. Councilman Tuite told Council if the growth continues, the Sanitation Board may have to do a major expansion of their plant. Anything that can be done to encourage conservation makes sense for the community. Councilman Tuite told Council the Sanitation property is very limited and does not have any room for snow melt. 2. Councilman Isaac said he access guide for Aspen to be on moved to add this to the end of man Tuite. All in favor, motion had requested funding handicap the agenda. Councilman Isaac the agenda; seconded by Council- carried. 3. Mayor Stirling requested a joint meeting with the Commis- sioners to discuss GRIP report, office space and other issues. Council scheduled the meeting f or 4 p.m, on Tuesday, July 5, in the Council Chambers. This meeting is scheduled for 3 hours. 3 Regular Meeting ASAen City Council June 13, 1988 4. Mayor Stirling reminded Council there is a work session scheduled Monday, July 20, at 5 p.m. to hear a report from AVIA on the Meadows/Institute property. 5. Mayor Stirling said a decision has been made on Two Forks. Council sent a resolution to the Governor asking him not to approve it. Mayor Stirling said he would like to write a letter to the Governor expressing disappointment on the Two Forks decision. Council agreed. Councilman Isaac asked the letter stress the need for conservation. 6. Mayor Stirling said the Roaring Fork Transit Authority has instituted a shuttle system having the buses go east on Durant to Original and travelling the corridor of Main street. Mayor Stirling said this is to try and get more ridership and make the buses more convenient for everyone. Mayor Stirling asked staff to work on the intersection of Durant and Rubey park, how to get the buses going east. This may require a stop sign. The intersection of Original and Cooper needs to be looked at and whether the stop signs will need to be shifted. Mayor Stirling said this may require approval of the highway department. Councilman Tuite said when the highway department gets going on highway 82, they are looking at changing the configuration of this intersection. Mayor Stirling said there will be new signs and benches along Original and Main to make it easier for people to take the buses. Councilman Tuite said this is to start a two- way access on Main street. This is a trial for the next six months . 7. Mayor Stirling said he had a crises meeting with the M.A.A. and property managers on housing. Mayor Stirling said last week there were music teachers and students that are not housed and cannot find places to stay. Mayor Stirling said the new housing task force may be the group to tackle the problem. Mayor Stirling requested the M.A.A. come to the housing task force meeting on June 21 to talk about the immediate and long term solutions of housing. 8. Councilman Gassman brought up banners on Main street; some of them are blowing away. Councilman Gassman said if the city is going to allow banners and to charge money to put them up, it should be done well. Councilman Gassman said he would just as soon not have banners at all. Assistant City Manager Mitchell said the banners have to be a certain size, have attachments for top and bottom, and have winnows. Mitchell said the city does try and fix them if they get blown down. 9. City Manager Bob Anderson told Council Design Workshop will make a presentation on their interns' work on Friday, June 17 at 4 Regular Meeting Aspen Citv Council June 13, 1988 2 p.m. at the Anderson Ranch. Council is urged to make it to the presentation. 10. Skip Berhorst said the results of the election for city hall gave an indication the public does not want to sell city hall. Berhorst told Council he has been working with a group to get a youth center for the town. Berhorst said they have gotten financial support from the Aspen Foundation, Rotary Club and private citizens to get this going. Berhorst said the city and county are looking at a lot of different alternatives for office space. Mayor Stirling suggested Berhorst come to the joint meeting with the county on July 5 on office space. Berhorst asked the city not commit to spend money on city hall until his group could help evaluate the cost implications of the various alternatives. Berhorst suggested city hall could be used as a community center. Councilman Tuite asked if this group has considered using the library. Berhorst said they are looking at a lot of places, including the new parking garage. Berhorst told Council Vail uses space in the parking structure for a youth center. 11. Councilman Gassman said staff is looking at putting employee housing on the Marolt property in the old house. Councilman Gassman said he is opposed to using open space bought with taxpayers money for other uses. City Manager Bob Anderson said the evaluation of who might want to use the house would be done administratively, but the decision to use the house would be brought back to Council. Councilman Gassman moved that the city use the Marolt property for the use for which the taxpayers purchased it, which is open space, and not to use it for housing; seconded by Mayor Stirling. Anderson said the city has to realize they have as much need to deal with the employee housing issues of the city's employees as any other business. Anderson said this is using a residence as a residence, and Council should consider it. Councilman Isaac said the house was previously used as employee housing for a city employee, and it worked well. Councilman Isaac said he would prefer to see the house used again for someone to oversee the Marolt property and take care of and maintain the parcel. Councilman Isaac said he would not like to see the house used as a dorm. Councilman Tuite said he views this as a caretaker unit, and it makes sense to house someone in it. Councilman Gassman and Mayor Stirling in favor; Councilmembers Tuite and Isaac opposed. Motion NOT carried. 5 Regular Meeting Aspen City Council June 13, 1988 CONSENT AGENDA Councilman Isaac moved to approve the consent agenda; seconded by Councilman Gassman. The consent agenda is Cafeteria Compensation Plan Contract; Liquor License Expansion - Tenth Hole, Mezzaluna, Smuggler Land Office; Special Event Permits - Rugby Club; Minutes - May 23, 1988. All in favor, motion carried. ORDINANCE #18, SERIES OF 1988 - Water Rates Mayor Stirling opened the public hearing. Cindy Wilson, finance director, pointed out the effective date of the title should read billing date effective June 15, 1988. The bills go from the 15th of the month, and the title should reflect that. Ms. Wilson reminded Council the had asked for information on how the proposed rates would effect certain specific cus- tomers. Exhibit A shows a summary by service area of various types of customers. Ms. Wilson told Council it is very difficult to come up with an average customer under this system. Ms. Wilson said exhibit A shows percentage change on an annual basis. Ms. Wilson reminded Council they also requested the cost to the city if the city did a retroactive adjustment based on the proposed rates. Exhibit B is a summary of that and is based on 4 months. A retroactive adjustment would be based on 6 months, if done. Exhibit B shows it would cost the city a net of about $7,000 just in the change of rates and not administrative costs. Ms. Wilson pointed out that some rates go up and some rates go down when a retroactive adjustment is done because of the way the proposed rates have changed compared to the current rates. Ms. Wilson said in the proposed rates, some of the costs in the water department were moved from the demand cost to the variable cost. This results in lower demand rates. Customers with a high usage would have a higher bill under the proposed rates. Ms. Wilson pointed out service areas 3 and 6 benefit most from a retroactive adjustment. Ms. Wilson said the benefits in service areas 3 and 6 are based on the demand rates. There are a total of 230 customers in these two service areas compared to 1290 customers in service areas 1 and 2 that will have a rate increase. Council also requested staff look at the cost to do a retroactive adjustment. Ms. Wilson said it will take about 20 days of staff time to do a retroactive adjustment as there are a lot of things specific to individual customers which will take a lot of manual calculations. Ms. Wilson told Council she considered the effect of the savings in debt service on the rates because of the refunding of the bonds. Ms. Wilson pointed out these are 6 Regular Meeting Aspen Citv Council June 13. 1988 included as part of the alternative rates in the memorandum. Council needs to decide whether they want to maintain the current rates, adopt the proposed rates or adopt the alternative rates. Ms. Wilson said the alternative rates include how much savings in debt service Council wants to pass along to the customers versus how much they want to leave in fund balance. Mayor Stirling opened the public hearing. Lynn Levinson, Red Mountain, told Council it is easier to understand dollars and cents and the bottom line. Ms. Levinson said she has not been able to know how much the bills are going up or down. Mayor Stirling said one recommendation is a change from demand to use. Ms. Levinson said her demand charge is $91 and her variable was $13. Ms. Levinson said she would like to know how this new ordinance will change her bill. Ms. Wilson said the demand charge will go down, depending on how many ECUs a customer has. It looks like the bill will be reduced about 40 percent if the Council adopts the proposed rates. John Moore, Red Mountain, pointed out in the exhibits it appears that service area 3 users will pay 2.75 times what the area 1 user pays for comparable amounts of water. Ms. Wilson said the water system billing is still based on service area factors. The staff has not changed anything in the calculations other than the allocation of cost between demand and usage. The service area factor for area 3 is 2.75. City Manager Bob Anderson said this is basic to the entire water management system concept. Helen Klanderud, service area 2, said her objection is the concept is that the longer term residents have been paying f or the water system over a long period of time, and that was to be factored in. Ms. Rlanderud told Council when she put an addition on her house, she paid a plant investment fee for the additional ECUs. Ms. Rlanderud said she understood there were improvements made to the water system and rates were increase to handle that. Ms. Rlanderud said if she never turns her faucet on, she will be paying higher water bills than she ever has in 17 years. Ms. Rlanderud said she does not have a problem paying for usage but does hav e a problem paying a fixed fee that has nothing to do with the amount of water used. Assistant City Manager Mitchell said the tap fee or connection charge does not pay for the entire cost of the improvement of the system; it was planned to pay for 60 percent. These tap fees are not paying for 60 percent, and the monthly bills have to pick up the difference. Victoria Falk, Red Mountain, said everyone wants a base rate f or all that is equitable. Ms. Falk said her base rate is $160 per month. Ms. Falk said she is happy to pay on a use basis but how many taps in a house does not relate to the 7 Regular Meeting Aspen_Cty Council June 13, 1988 water usage. Ms. Falk said she is not using as much water as a family. Her bill is totally inequitable. Mitchell told Council there is no way f or the water department to determine what the usage in any house will be over years other than what the capacity is to require water. The city has to be able to deliver the amount of water a house is capable of using. Mitchell pointed out when the city did the $ 9 , 000 , 000 to the water system, they had to be able to deliver the amount of water that the amount of fixtures in the city would require. Howard Gunther said people on Red Mountain are not using anywhere near the amount of water they are paying for, and this is a poor way to bill people. Gunther said some water bills in the Red Mountain area have tripled. Ms. Wilson reiterated that the demand charge is based on the number of fixtures and the service area factor. The service area factor for Red Mountain is 2.75, which is 2.75 what the cost would be in service area 1. Ms. Wilson said the city had to build a system and issued bonds to pay for the system that would provide water based on the poten- tial demand that could be placed on the system. Mayor Stirling said the additional cost of getting water to Red Mountain makes the demand charge the highest of any of the service areas. Red Mountain is farthest from the system. Mayor Stirling pointed out that citizens have said the city is not being conservation- oriented enough in this system and have suggested the city shift from demand emphasis to usage. Mayor Stirling said the demand charge will go down. John Howard, representing Pomegranate and Coates Reid & Waldron, said he has figured out the bills for Pomegranate East on the proposed rates. They will go down 30 percent but they are still 300 percent higher than before. Howard said the bills averaged $300 a month; the demand charge is 51282 per month now. Howard said the proposed changes are not enough. Mayor Stirling said part of the philosophy of the water manage- ment system is that condominiums were paying only for use and the building paid one demand charge. Individual units were not paying a demand charge, although individual houses were paying demand charges. The city discovered that inequity and one shift is that every condominium owner is paying a demand charge to contribute to the infrastructure. Mayor Stirling said this change had to happen. Howard said he feels that a 300 percent increase is out of line. Janet Guthrie said this system of charging for water strongly encourages waste. People have to pay for the water so they night as well use it. Larry Yaw suggested all citizens should pay the same for the water system equally. John Moore said the demand is based on the cost to support the bonds for capital improvements. 8 Regular Meeting Aspen City Council June 13. 1988 Capital improvements benefit everyone. Mitchell said when the city did the water management plan, they identified improvements that had to be made in each service area. Part of the service area factor calculation is based on the dollar amount and' the improvements that had to be made in each area. The imrpvoements were identified to those which benefited a particular service area only, those improvements that benefited more than one service area, and those that were service-wide. Stan Stevens said the average connect charge on Red Mountain is about $30,000. If the city takes 40 new houses, they have paid off $1,000,000 of the $9,000,000 of the debt of the water fund. If there is a problem paying off the debt, the connect charge should be raised to pay off the debt service and not have to include the debt service in everyone's monthly bill. Ms. Wilson said the $9,000,000 is the principle financing over 15 years; the total debt service is considerably more than that. Councilman Isaac said the problem with raising the tap f ees is that then people do not join the system. Mary Martin pointed out the water improvements were done based on demographics that the city would grow 6 times. Ms. Martin said there has been no more water consumption in the last 4 years. Ms. Martin said the city is having to pay for a bad mistake. Ms. Klanderud said perhaps all the users should be sharing the costs more. Ms. Klanderud said citizens are reacting to higher water bills because growth has not taken place and are also being constantly inundated with development taking place. Mayor Stirling said the city had predicted more water would be used than has been. There has not been as much growth as anticipated. There are redundancies in the system to anticipate growth into the next system. 1~Tayor Stirling said the city has a commitment to pay for all of this and is trying to figure the most equitable way to do that. Ms. Wilson told Council they need to make a decision at this meeting in order for the change to be effective on July's bills. Ms. Wilson said if the Council adopts the lower rates, the city should give public notice on these rates. Fred Gannett, city attorney's office, told Council they can adopt a new rate schedule without 30 days notice and public hearing. Council could schedule another public hearing if they adopt the alternative rates. Councilman Isaac asked if the current growth will give the city enough tap fees to not stress the system if the Council adopts the alternate rates. Ms. Wilson told Council the alternate rates were based on the existing budget for tap fees for 1988 and 1989. There is a possibility the tap fees will be higher than budgeted. Ms. Wilson told Council if they adopt the alternative rates, staff recommends the usage rate go up again in 1989. Ms. Wilson said the usage rates may go up as much as 30 percent. Ms. Wilson 9 Reqular__Meetnq_ Aspen Citv Council June 13, 1988 said the savings from the bonds strictly effect the demand charge. Mayor Stirling asked what if the usage rates were lef t at .5299 and the Council adopted the alternative rates. Ms. Wilson said it would be very difficult to come anywhere close to the amount of revenues needed. Mayor Stirling moved to adopt Ordinance #18, Series of 1988, as amended and inculcate the alternative rates; take the savings from the refunding of the bonds and integrate them into the rates, including the date change in the title; seconded by Councilman Gassman. Mayor Stirling said the city has to get moving on towards the budget process and set some standard. Mayor Stirling said originally Council was to review this at budget time but due to citizens input, they have been dealing with it earlier. Mayor Stirling said this proposal is a compromise, which will help the system pay for itself. Mayor Stirling said instead of the savings going into a fund balance, he would rather give them back to the people. Mayor Stirling said this compromise has the conservation aspect in it, which is important. Councilman Tuite said the city took an earlier system which was simple and worked, and complicated it because the city said it was fair. Councilman Tuite said some people's rates have gone up 300 percent, and it does not seem fair. Councilman Tuite said he would like to go back to original billing system. Ms. Wilson told Council, based on Council's work session in April, staff intends to review all the calculations before the 1989 budget. Councilman Isaac said he will support the proposed ordinance because it puts more emphasis on usage, which is good for conservation purposes. Councilman Gassman agreed with Tuite; this system does not work. Councilman Gassman said Red Mountain is not ten times more expensive to service than other areas. Mayor Stirling withdrew his motion. Mayor Stirling moved to table Ordinance #18. Councilman Gassman reiterated the billing system is not doing what is it supposed to do. Councilman Gassman said he would prefer to use the old billing until the staff can come up with something better. Councilman Isaac said the proposed rates are more equitable, are based on usage, and the city has to raise the funds to pay for the bonds. Councilman Tuite said he would vote for the proposed rates because they do grant some relief to certain service areas. Councilman Gassman said the city has to go back and start with the philosophy of the system. 10 Regular Meeting Aspen Citv Council June 13, 1988 Mayor Stirling moved to pass Ordinance #18, Series of 1988, a s amended as outlined earlier; seconded by Councilman Gassman. Roll call vote; Councilmembers Isaac, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling said this ordinance is passed as an interim measure to get through the next 90 days. Mayor Stirling moved to charge staff to bring back a strategy on June 27 on ways to get at this problem in the most equitable way; seconded by Councilman Gassman. All in favor, motion carried. Councilman Isaac moved to try and collect the delinquent accounts. Ms. Wilson told Council since they requested staff not pursue the delinquent accounts, staff has not send out letters. Motion DIES for lack of a second Mayor Stirling moved to direct staff that on June 27 in talking about process and strategies to also make a recommendation about delinquencies; seconded by Councilman Gassman. All in favor, with the exception of Councilman Isaac. Motion carried. ORDINANCE #24, SERIES OF 1988 - 700 East Main (Mayor Stirling left the room due to conflict of interest) . Cindy Houben, planning office, told Council this is a request for final plat approval and vesting of rights for 700 East Main. Ms. Houben recommending tabling of this request. At the last meeting Council requested staff get together and work out some issues with the applicant. Ms. Houben told Council no solution was arrived at with the applicant on the grading. The applicants still feels they need some grading in the public right-of -way. The engineering department believes this requires an encroachment license, and basic policy says this is not something the engin- eering department wants to let happen. Marty Pickett, representing the applicant, told Council the project was designed with the frontage on Main street as a positive element to allow the development to have a buffer between the buildings and Main street. This site design provided some enhanced landscaping and a pocket park on the right-of-way. Ms. Pickett said at preliminary, the engineering department recommended "an elephant ear" for the Main street curve, which terminated parking at a certain point for safety reasons. At P & Z, this was changed to a shorter configuration. The appli- cant has been trying to accommodate the staff and has been changing plans. 11 Regular Meeting Aspen City Council June 13. 1988 The grading plan has not changed from preliminary, which showed a 5 foot elevation at the pool area to relieve the visual impact. When city engineering reviewed the final plat, they raised the issue they would not allow greater than a 1 foot slope grading in the Main street right-of-way. This creates a significant impact on the front units. Ms. Pickett reminded Council they were directed to compromise on that. The applicant looked at all of Main street and tried to address possible widening of the right- of-way and addition of utilities. Councilman Tuite asked if the Original Curve area is adequate for bus traffic. Jay Hammond, city engineer, told Council it is. Don Ensign showed the units close to riain street and pointed out the problem is the grade difference between the sidewalk and the bottom of the terrace. Ensign told Council the developers are trying to avoid a situation with a large wall in front of the units. Ensign showed the existing right-of-way and a line 16 feet back from the curb, which is a standard occurring along the rest of Main street. Ensign said the compromise was to assume they could shadow the curb 16 feet, the way it is the rest of Main street, and to be allowed to slope down the remaining distance from the 16 feet to where the setback it. Ensign said the applicants have more right-of-way than the rest of Main street because of the constraints imposed by the river on Original curve. Ensign said the compromise seemed reasonable to be able to use the 7 or 8 feet sloped down steeply. Ensign presented drawings showing the proposed grading, the real right-of-way, the shadow right-of-way, indicating a 1 f oot drop in the shadow and a 2.5:1 drop between the right-of-way and the shadow. Ensign said he looked at the situations along Main street that would get in the way of applying a policy of putting utilities or widening the road. Ensign pointed out the Jerome is out on the property line with the porte cochere into the right- of-way, as is a theatre and a church. Ensign said in order to widen the street or to put utilities into the 16 foot easement would require extreme rearrangement of existing structures. Ensign said the specific request is for a grading easement on a portion of the right-of-way and for a compromise to be accepted on the location of the elephant ear. Councilman Isaac asked why unit #14 cannot be pushed to the north. Ensign said it would solve the Main street problem but would cause major design changes for the rest of the project. Larry Yaw said if the applicants had heard this was a problem in the initial stages, they could have considered this design change . Thi s was only brought up in the f final review. Ms. Pickett requested a grading permit, not an easement or encroach- ment license, which would give the applicant the least interest 12 Rectular Meeting Aspen City Council June 13, 1988 in that property. Ms. Pickett told Council the applicants had planned all along to grade in the right-of-way. Councilman Isaac said if the highway department wanted to widen thei r right-of-way, the applicants would have no rights. Ms. Pickett told Council the highway department has said their jurisdiction is curb to curb; the city's jurisdiction goes down the right-of-way. Ms. Pickett said the highway department ha s said they have no objection to either the design of the elephant ear or the grading in the right-of-way. Jay Hammond, city engineer, said a comparable situation would be if this property were between two adjacent private properties. If one property were providing a grade situation adjacent to another owner and needed to grade permanently into that property, they would have to obtain a slope easement to provide that. Hammond said the chance of utilities in the slope area is not great. Hammond said the city probably has space within the 16 foot buffer to provide for anything that might occur within the road. Hammond said he does not see a four-lane alignment around the original curve. Hammond said his concern is that the grading amounts to a permanent occupancy and would require encroachment licensing. Hammond said the applicants are not placing struc- tures in the right-of-way. Hammond told Council the excavation section of the code speaks to a requirement that these areas be backf filled within a period of time. The intent of the code with respect to excavation permitting is for temporary uses. To establish a permanent change in grade would require licensing. Fred Gannett, attorney's office, said the issue is if Council wants to permit the applicant to grade within the right-of-way. If Council does, the staff can figure out the way to accommodate this. It is a policy issue. Hammond told Council the compromise design has helped some of staff's concerns. The applicants are proposing a fairly minimum grade between the back of the sidewalk and the 16 foot line, which is about a l foot drop. One of the city's concerns is liability of plowing snow into the lower area. Hammond told Council he does have some concern about precedent. Gannet said if Council wants to approve this, it should be done by encroachment license which would incorporate the city's concerns and would be a revokable license. Ms. Pickett told Council the applicant is very pressed for time and can get to the same place with a grading permit. Ms. Pickett said a grading permit would be giving the development less than a encroachment license. Councilman Tuite said he can work with the compromise but is not willing to give up rights to a permit that the city would have through an encroachment license. Gannett said an encroachment license is the best mechanism for dealing with all the issues. 13 Regular Meeting Aspen City Council June 13. 1988 Councilman Gassman said he is willing to go along with the compromise as long as there is an encroachment license. Councilman Gassman moved to approve the final plat with the conditions that the applicant apply for and receive an encroach- ment permit subject to review by the engineering department and city attorney and final approval of the Mayor, and the 3 condi- tions in the planning office memorandum; seconded by Ms. Houben said another issue that can be added into condition #2 is that the final draft of the subdivision/PUD agreement be approved by the attorney and planning staff and shall include an agreement to bear the cost of a boulder/bank stabilization off site. Councilman Gassman said he would accept that. Ms. Pickett said this is an issue which has evolved during the process. In the GMP process the applicant committed to providing a sidewalk along Main and south Spring. Then the applicants were asked to provide a handrail. In looking at the east side of the site, it was steep and there would have to be bank stabilization so that bank would not fall in. The applicants then committed to doing that. Ms. Pickett said there is some scarp in the riverbank adjacent to the property line. Ms. Pickett said the applicants knew they would have to provide some work on that. The applicant called in the state engineers to confirm there is not a wetlands problem. The city engineering department had then said the applicants will have to take care of the scarp in the city's right-of-way. Ms. Pickett said this has not been resolved. If it is not taken care of, there is a risk for building the sidewalk. Councilman Gassman withdrew his motion. Councilman Gassman moved to table this application until these issues can get worked out between the applicant and the engineer- ing department. Ms. Pickett said new issues keep cropping up. The applicants are willing to do their part; however, they made their commitments at preliminary plat. Ms. Pickett said they are willing to take care of the scarp in order to get this finalized. Motion DIES for lack of a second Councilman Tuite moved to approve the final plat with the conditions that the applicant apply for and receive an encroach- ment permit subject to review by the engineering department and city attorney and final approval of the Mayor, and the 3 condi- tions in the planning office memorandum, and that the applicants pay for the scarp as committed to; seconded by Councilman Isaac. 14 Regular Meeting Aspen Citv Council June 13, 1988 All in favor, with the exception of Councilman Gassman. Motion carried. Councilman Isaac opened the public hearing on Ordinance #24, Series of 1988. There were no comments. Councilman Isaac closed the public hearing. Ms. Houben asked when the vesting occurs. Gannett said once the final plat is approved, which is subject to the condition of getting the two issues resolved, the vesting will take place automatically. Councilman Tuite moved to adopt Ordinance #24, Series of 1988, on second reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Isaac, yes. Motion carried. Mayor Stirling came back into Council Chambers. ORDINANCE #21, SERIES OF 1988 - Historic Designations. Mayor Stirling opened the public hearing. Roxanne Eflin, planning office, told Council this ordinance designates 3 historic structures and requests condominiumization of 134 W. Hopkins. Ms. Eflin told Council these have been reviewed by HPC and P & Z. 334 West Hallam was built in 1885 and has a lot of local significance. The structure received a rating of 5 on the inventory and has been determined eligible for individual listing on the national register. The structure is currently undergoing renovation and restoration including the original two storage carriage house. The applicant has taken advantage of the preservation incentives of setback and FAR variations. The owners are requesting the $2,000 designation grant, which the structure is eligible for since it is rated a 5. -The applicants will use the funds to help off set some of the renovation costs. Ms. Eflin said 300 West Main has received final development approval from HPC and designation recommendations from HPC and P & Z. This property has not yet received a rating because it is only 44 years old. Ms. Eflin told Council this structure possesses such distinctive architectural characteristics that it is worthy of designation. The structure is in the Main street overlay district and is in a prominent location. Ms. Eflin told Council the project includes the conversion of the existing 1400 square foot house into a 50 seat restaurant; a two story addition of about 2300 square feet to be attached to the north and west sides of the structure. This addition will be a residence, garage and restaurant kitchen. Ms. Eflin told Council a one- bedroom employee unit was proposed but was deleted because of HPC's concern of bulk and massing. Ms. Eflin told Council staff 15 Regular Meeting Aspen Citv Councl_ June 13, 1988 expressed concern over the effect of this project on affordable housing. The applicants have worked with the staff and have agreed to volunteer a restriction on the dwelling to make it an accessory use to the restaurant. P & Z accepted this agreement. Ms. Eflin said 134 West Hopkins is requesting historic designa- tion, conditional use and condominiumization. Ms. Eflin said the applicants will restore the existing house on lot K, which is rated 2; will move the miner's cottage at 120 North Spring, which is rated a 1, to lot L, and add a two story addition. The request would create a separate ownership for these two houses. Ms. Eflin told Council the designation runs with the entire parcel, which includes both structures. Ms. Eflin told Council HPC and P & Z recommend designation subject to the volunteer conditions that the applicants remove the asphalt siding on 134 West Hopkins and restore the siding. Ms. Eflin said these two houses are unique; they are two dif- f Brent styles of miner cottages and represent Aspen's earliest architectural styles. 134 West Hopkins has been altered but is still a good example of the life-style of the mining area. Ms. Eflin said staff feels relocating the 120 North Spring to the new site will increase it's visibility. Both structure possess community significance. Cindy Houben, planning office, told Council P & Z placed condi- tions on the condominiumization of 134 West Hopkins. These conditions are standard within the new code except for the fourth condition which is no impact will result on affordable housing from the house being moved from North Spring street. Ms. Houben said P & Z was told the city may be double dipping in requesting a condominiumization fee at 700 East Main site and again at 134 West Hopkins. However, the housing impact fee is in effect when a structure is condominiumized, not necessarily when it is moved. Ms. Houben told Council the housing impact fee for 700 E. Main is based on the number of units there, and has nothing to do with moving of a structure. Ms. Houben said when the structure on Spring street is moved to 134 West Hopkins and condominiumized, it should have to pay this impact fee. John Kelly, representing Peter Carley, told Council this project was started before the new code was enacted. The applicants were given their choice of which code they wanted to proceed under. Kelly told Council they assumed there was not going to be a fundamental change in philosophy. Kelly pointed out the new code has a change in that condominiumization creates an impact. Kelly told Council the applicants could build the house and not pay any impact fee. The fact that this is being condominiumized, the planning office feels this creates employees. Kelly told Council P & Z treated the house that is being moved to this site as a new 16 Regular Meeting Aspen City Council June 13, 1988 structure. Relly said under the old code, a new structure wa s not deemed to create an employee housing impact. P & Z has treated the two houses differently. Fred Gannett, city attorney's office, told Council staff recom- mended P & Z not assess a condominiumization fee on the structure that was to be moved and that the condominium assessment be placed on the site and not on one structure and be divided as the applicants saw fit. Relly said the impact fee is 56400. Kelly said he cannot see where the impact is. Councilman Isaac said the new code has no flexibility to waive the condominiumization impact fee. Relly told Council when this application was filed, the old ordinance was in effect. Relly said they did not anticipate there would be an automatic fee on this, and the applicant chose to go with the new code. Mayor Stirling said the fundamental thing he wants to do is save the Victorian. Mayor Stirling appealed to Council to look at this as an issue of preservation. Ms. Houben told Council in the new regulations, if an applicant wants to deed restrict their house to affordable housing, they have the ability to waive the fee. Kelly said he feels people should have the ability to say there is no impact. Mayor Stirling moved to allow the condominiumization with conditions in the planning office memorandum page 11, and leave number 4 as written; seconded by Councilman Tuite. Mayor Stirling said this is a combination of the new and old code and historic preservation. Councilman Isaac agreed the trade off is saving some old homes and not having to pay the impact fees. All in favor, motion carried. Councilman Isaac moved to adopt Ordinance #21, Series of 1988, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling said the 52,000 grant will come out of the contingency fund. ORDINANCE #16, SERIES OF 1988 - Newspaper racks Mayor Stirling moved to terminate any further discussions on this ordinance; seconded by Councilman Gassman. Councilman Isaac said the city does need some guidelines. The newspaper racks have got to be cleaned up. Councilman Gassman said he does not think the city can design everything. Marvin Jordan, CCLC, said they have prepared a slide presentation which illustrates the problem. Jordan suggested Council look at the 17 Regular Meeting Aspen City Council June 13, 1988 slide presentation, and table final adoption of this ordinance pending CCLC' s discussion with local newspaper vendors. Jon Busch showed slides of various locations with newspaper racks. Mayor Stirling moved to table Ordinance #16, Series of 1988, to June 27, 1988; seconded by Councilman Tuite. All in favor, motion carried. LIQUOR LICENSE APPLICATION - Comedy Lift Council took no action on this item as it was requested by the applicants to table indefinitely. RESOLUTION #11, SERIES OF 1988 - Aspen Mountain Lodge Mayor Stirling said this resolution has already been passed by Council. Mayor Stirling said the second whereas states, "In the course of considering the proposed amendments and related events, certain disputes have arisen between the City and the Applicant". Mayor Stirling questioned whether this should be part of a resolution. Mayor Stirling said in the third whereas, it states, "in an effort to induce the City Council to authorize the applicant .", and there are implications of quid pro quos and trade offs that may be inappropriate in a resolution. City Attorney Taddune told Council prior to the adoption of the resolution, the city manager was put on notice of the potential for litigation. This language was inserted to be more in the nature of release language given the potential for litigation. Taddune said there were certain disputes, and in order to hav e the Council authorize the project to proceed through the public hearing process, certain representations were made. Taddune said the quid pro quo is a certain amount of relief in return for an agreement not to pursue the original PUD application and other remedies the applicant may have had. Mayor Stirling said he would have understood that if there had been litigation filed or if the city had gone to court. Taddune said the implication is that the applicants are releasing. John Sarpa, representing the applicant, said the city staff discussed this with the applicants. Taddune said the city's position is that the resolution speaks for itself on its face. Council was not interested in changing the resolution. Mayor Stirling said he will sign the resolution. RECONSIDER MALL LEASE - The Grill Councilman Gassman moved to accept the existing 12-1/2 feet out into the mall; seconded by Councilman Tuite. All in favor, with the exception of Mayor Stirling. Motion carried. Council asked 18 Reaular Meetina Aspen City Council _June 13. 1988 that the Grill's mall lease be amended to reflect they have 12- 1/2 feet into the mall. REQUEST TO USE CITY PROPERTY - Wing Ding Councilman Isaac moved to reconsider the Wing Ding day in Aspen; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. Mayor Stirling moved to allow the Wing Ding organization to use Rio Grande park from 7 p.m. to midnight; on Wednesday August 3; to use the Rio Grande parking lot adjacent to Cap's from 6 p.m. to midnight; preparation of use of the snow melt area for parking, and the use of Main street from Mill to Aspen from 7 to 8 p.m. and the blocking of Mill street from Main to Bleeker from 7 p.m. to midnight; seconded by Councilman Tuite. Councilman Isaac said he objects to Mill street being closed from 7 p.m. to midnight. This would be a hardship on the community. Spence Videon, ARA, said this closure was a recommendation of city staff and was for safety reasons. All the activities will be located on the Rio Grande. Videon said if this closure is not needed, it would be all right to delete it. Mayor Stirling amended his motion to only close Mill street from 7 to 8 p.m. unless Council is persuaded differently; seconded by Councilman Tuite. Councilman Gassman said in going after large conventions, Aspen is putting a strain on what is the more typical visitor. Councilman Gassman said there are people who have been coming here for years because what the town is, they get involved in the town. Councilman Gassman said he has nothing against motor- cycles; however, traditional visitors have a commitment to Aspen. The Wing Ding group does not have a commitment to Aspen. Going after business like this is a different business than what Aspen is good at. Councilman Gassman said his objections are that this event is a different market and it is too big. Councilman Tuite said he considers this an experiment and would like to see it come out well. Mayor Stirling asked about the noise and pollution levels of these motorcycles. Videon said the motorcycles have to pass the same emissions tests that auto- mobiles have to pass. Videon said the motorcycles are no louder than automobiles. Mayor Stirling said he is concerned about the size of the event. All in favor, with the exception of Councilman Gassman. Motion carried. 19 Regular Meeting Aspen -City Council June 13, 1988 BALLOT QUESTIONS City Attorney Taddune suggested Council continue this meeting for the purpose of discussing the ballot questions. Taddune said the parking facility question is structured as a bond issue for $6,000,000 at an interest rate of not more than 10 percent payable over 20 years, combined with an ordinance for a 1/4 cent sales tax. Taddune told Council the Cap's Auto exchange question is waiting for information from the applicant and planning office. Taddune said he is still working on the Zoline parcel and the expansion of the Red Roof questions. Council said they had no interest in a ballot question about employee housing at the water plant. Council agreed to continue their meeting to 7 p.m. June 20th after the Aspen Meadows study session. ORDINANCE #25, SERIES OF 1988 - Election Precincts Councilman Isaac moved to read Ordinance #25, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #25 (Series of 1988) AN ORDINANCE PROVIDING FOR THE ESTABLISHING OF ONE (1) PRECINCT FOR THE MUNICIPAL ELECTION TO BE HELD ON AUGUST 9, 1988, AND SETTING FORTH THE DESCRIPTION OF THE PRECINCT was read by the city clerk Councilman Tuite moved to adopt Ordinance #25, Series of 1988, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. FOREST SERVICE WILDERNESS PLAN Councilman Isaac said he does not see any reference to handicap facilities in this plan. Craig McGuire, f orest service, said this is not something he has thought of. Councilman Isaac said he would be willing to donate time to help the forest service on this. Councilman Isaac said when he met with the forest service last year, they discussed the trail down to Maroon lake, handicap parking, access to the bathrooms, accessibility to other trails. McGuire said this plan is for inside the designated wilderness areas. Councilman Isaac said he feels access to the wilderness by the disabled community should be addressed in Council's letter to the forest service. Councilman Tuite asked if this report stresses the public transportation aspect to Maroon Bells. McGuire said what would be of interest to Council are the developing relationship between 20 Regular Meeting Aspen City Council __ June 13. 1988 the forest service and the local government agencies. The groups should be working together and talking about what the objectives are, where the conflicts are, and where the governments can work more closely together. Mayor Stirling suggested putting this in the letter to the forest service. Mayor Stirling asked what the forest service inclination is regarding dogs. McGuire said currently dogs must be on a leash in all wilderness areas surrounding Aspen. McGuire said they proposed banning dogs in two places where there are the most severe problems; Crater Lake and Conundrum Hot Springs. McGuire said they hope to improve the situation through letters and more enforcement Mayor Stirling agreed the more than can be done to educate people before they go into wilderness areas, the better. Mayor Stirling asked what is going to be done about publicizing the two overly used areas. McGuire said there are 7 different areas to be addressed by a wilderness management working group. McGuire said getting a group together to talk about how what goes on in the community effects the wilderness environment is one suggestion. One idea is to discontinue use of the Maroon Bells in advertising. Mayor Stirling moved to direct staff to prepare a letter to the forest service including comments regarding handicap access, public access, working on the issue of advertising, and to direct staff to prepare proposals for budgeting to work with the forest service on signing systems and distribution materials on trails systems; seconded by Councilman Isaac. McGuire said the forest service is pursing cooperative arrange- ments with local government to work on management. McGuire said the forest service has money they are willing to commit to local funds to support common goals and some of the programs listed above. All in favor, motion carried. RESOLUTION #9, SERIES OF 1988 - Annexation Element Glenn Horn, planning office, suggested a work session to resolve some issues. Council scheduled a work session on Monday, July 18 at 5 p.m. for one hour. AIR POLLUTION AWARENESS CAMPAIGN COSTS Mayor Stirling moved to table this until June 27, 1988; seconded by Councilman Isaac. All in favor, motion carried. 21 Regular Meeting Aspen City Council June 13, 1988 SPECIAL EVENTS GUIDELINES Mayor Stirling moved to table this to June 27, 1988; seconded by Councilman Gassman. All in favor, motion carried. Marvin Jordan, CCLC, is unofficially using these guidelines, and asked if Council had any specific objections. Council said they will try and formalize these guidelines on June 27th. ARA CENTRAL RESERVATIONS LEASE Spence Videon, ARA, said for years the city has donated the space housing the central reservations division. Videon told Council central reservations has been a part of Aspen Reservations, and has functioned on an equitable basis, trying to get people in to an appropriate price and location. Videon told Council the Central Reservations tries to see that all members of the ARA get bookings. Videon told Council the building has not had anything done to it for at least 5 years. Videon told Council the ARA is now providing bookings to hotels which pay a commission to the ARA. Videon said they have formed Central Reservations into a for-profit corporation. Videon said since Central Reservations is not a not-for-profit organization anymore, they should be paying rent for the facility they are located in. Videon said in Council's budget hearings, the lease assessment of $16,200 was assigned to the space occupied by Central Reservations. Videon said approximately 25 percent of the reservations will be for-profit. Videon suggested dividing the 516.200 by 1/4 and pay monthly of $337.50 Videon told Council this works out to 59 per foot. Videon told Council finance director Cindy Wilson went and looked at the space and agreed 512 per square foot is a fair rate. Videon said the Central Reservations did some work in the space, costing $3200. Videon asked Council to agree this is a fair proposition and also to waive the rent for the remainder of this fiscal year to offset the cost of the improvements. Councilman Isaac moved that the the building at 59 per square this year's rent for fixing the Tuite. All in favor, with the Motion carried. city charge 1/4 of the rent for foot and waive the reminder of building; seconded by Councilman exception of Councilman Gassman. HISTORIC DESIGNATION GRANT - 500 West Sleeker Alan Richman, planning director, said this is a request for a 52,000 historic designation grant f or 500 West Sleeker. This 22 Regular Meeting Aspen City Council June 13. 1988 structure was rated 4 in the inventory and was designated in March 1987, several months before the adopted incentives program. Richman said the owner of the property designated this property in anticipation of being eligible for any incentives which would be adopted. Richman said there is nothing to guide Council on the retroactivity of the grant. Richman said he does not want to set a precedent of retroactivity as there are many structures that were designated well in advance of even a concept of an incentives program. Richman said this owner willingly designated their structure in the spring while Council was working on the incentives program. Richman said staff feels this is a special situation. Councilman Isaac asked if the money granted for historic build- ings has to be used for renovation. Richman said that is not part of the program. This is an award that is given in recogni- tion of designation. Councilman Isaac moved to approve the historic designation grant application of $2,000 to Mrs. Sue Hall, 500 West Bleeker; seconded by Councilman Tuite. Councilman Isaac said he thinks it is good the money is going to be spent on the house and would like to see this as a practice in the future. Mayor Stirling said Council can discuss this during the budget hearings. Mayor Stirling requested staff research how many houses were designated during early 1987 and when the incentives were adopted. All in favor, motion carried. ORDINANCE #26, SERIES OF 1988 - H Designation 212 West Hopkins Councilman Tuite moved to read Ordinance #26, Series of 1988; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #26 (Series of 1988) AN ORDINANCE DESIGNATING 212 WEST HOPKINS AVENUE AS H, HISTORIC LANDMARK PURSUANT TO CHAPTER 24, ARTICLE 7, DIVISION 7 OF THE MUNICIPAL CODE was read by the city clerk Councilman Tuite moved to adopt Ordinance #26, Series of 1988, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. 23 Regular Meeting Aspen City Council June 13. 1988 SPA AMENDMENTS - Little Nell Project Alan Richman, planning director, said one issue before Council is the final landscaping plan. When the final plan was approved, the site planning was too schematic, and Council wanted to see the final plan. Richman said there are also several changes outside the authority of the planning director to approve. Richman told Council the P & Z reviewed the landscape plans and has agreed to all the changes. Mayor Stirling asked about the encroachment of the porte cochere. Richman said this is no longer encroaching into Spring and has been removed. Council asked the applicant if they had any objections to the conditions. Fred Smith, representing the applicant, said they did not. Council had no problems with the landscaping plan. Fred Smith reminded Council on the existing west wing of the gondola structure there was a red band around the base of the building. Smith said the applicants are suggesting rather than this be colored stucco, they want to make this sandstone. Council agreed with this. The second change is to eliminate the sloped shingle roofs at the third level and replace them with flat decks and handrails. Smith reminded Council one of the discussions during the original approval was the protection system for snow shedding off the roofs. The original plan was to extend a snow skirt out from the building. Smith said heated decks at a few locations on the building will accomplish the same thing and will provide a more animated building. This will push the snow skirt back and not create a deep hole in the retail spaces along the lower portions of the building. Larry Yaw, architect, illustrated on a model how this deck area will work. Yaw pointed out there are three areas of avalanche guard on the roof. Richman told Council P & Z was supportive of both the reduced snow skirt and the addition of the decks at the third level. P & Z was concerned that icicles might build up at the dormers. P & Z asked the architect to continue to work on this and to present some solutions to staff before this section of the building is finalized. Council had no problems with this change. Smith showed a model of the apres ski lounge. Smith reminded Council this did not get a lot of discussion during the approval process. Smith told Council the building was pushed an addi- tional 16 feet off Durant. Smith said since the original approval, the applicants have heard a lot of discussions about the apres ski lounge. This has altered the original thought of a European-type lounge into more of a mountain-oriented ski lounge. Smith said during the approval process, a grand entrance was discussed. This entrance was to be up Hunter street. Smith 24 Rectular Meeting Aspen City Council June 13. 1988 passed out photographs of a computer simulation of that grand entrance. There was a large dormer, which has been removed to open up the view plane. Smith showed the new design of the grand entrance to Aspen. Smith told Council there was a lot of discussion of the height of the roof line. The roof extends off a flat plane at the 42 foot level . Smith said they would 1 ike to keep the roof to cover the mechanical equipment. At the time of the approval, the roof was to be lower and the mechanical equipment would sit above the roof line. Smith said when people are skiing down the mountain, they would prefer people not looking into the mechanical equipment. John Cottle showed where there would be a deck level in this lounge. Richman told Council P & Z was split on this issue; some felt very positive about the change and liked the deck and bar area. The main concern was this addition will make people feel more enclosed when they are in the plaza area. Richman said the P & Z is recommending in favor of this change. The staff does not support this change. Richard Roth said he has talked to adjacent property owners who are not pleased with this change. Roth said raising the height of the building 9 feet has nothing to do with extending the deck; these are separate issues and should be looked at separately. Roth said this change further walls people from the mountain. Roth urged Council not to further extend this project with the height. Richman said the feeling of the building is that it does not step down with the degree to which it used to. Yaw said the removal of the dormer opens up the space more. Councilman Isaac said he feels the bar will look better in the new design. Smith said the last change is dealing with the corner on the east side of the building. Smith told Council he has discussed this with adjacent property owners and they have no particular problems with it. Smith said they feel they can improve this portion of the building with the addition of some decks. Yaw said they added decks and broke the rooms down. Councilman Isaac asked if this adds to the square footage or the footprint of the building. Cottle said there is an increase of about 900 square feet. Richman told Council P & Z had problems with this change. Richman said he found the previous design very appealing. P & Z did not like the design change they saw and did not feel the building finished off. They were looking for something that stepped down towards the ground. P & Z instructed staff to work with the applicant to come up with some revisions. Richman said he does not feel that P & Z would be happy with the presented design. Yaw said P & Z was trying to make the design better at 25 Regular Meeting Aspen City Council ____ June 13. 1988 the corner. Yaw said one purpose of this change is to break up a long facade. Councilman Isaac moved to accept the final landscaping plans and approve the design changes of the hotel with conditions 1, 2, and 3; seconded by Councilman Tuite. All in favor, motion carried. Mayor Stirling moved to continue the meeting to June 20 at 7 p.m. to deal with the ballot questions BUILDING DEPARTMENT City Manager Bob Anderson said the most crucial things are the staffing issues. Mayor Stirling moved to approve the recommended increased staff and additional equipment as outlined in the memorandum; seconded by Councilman Gassman. All in favor, motion carried. Council said they like the changes and what is going on in the building department. RESOLUTION #16. SERIES OF 1988 - Towing Contract Councilman Tuite moved to adopt Resolution #16, Series of 1988, to extend the towing contract 3 months; seconded by Councilman Isaac. All in favor, motion carried. REQUEST FOR FUNDS - Handicap Access Guide Councilman Isaac told Council 4 years ago Council approved $2,000 to fund a handicap access guide of Aspen. The guide discusses access to every restaurant, hotel and tourist highlights in town. Councilman Isaac said he surveyed all these himself. Councilman Isaac said there have been a lot of changes and the guide needs to be updated. Mayor Stirling moved to fund the handicap access guide u to 51500 out of the contingency fund; seconded by Councilman Tu t e. Councilman Tuite asked if it would make more sense to wait until next winter season. Councilman Isaac said the guide should be updated every few years and should be done now. Councilman Tuite asked where this is distributed. Councilman Isaac said he distributes it thought the ARA, and visitors center. All in favor, motion carried. Mayor Stirling moved to continue the meeting to 7 p.m.; June 20, 1988; seconded Councilman Gassman. All in favor, motion carried. Council left the meeting at 9:16 p.m. 26 Re ular Meetin As en Cit Council June 13. 1988 r _.--- Kathryn S: Koch, City Clerk 27