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HomeMy WebLinkAboutminutes.council.19880926Regular Meeting Aspen City Council September 26, 1988 PROCLAMATION - Personal Integrity Day 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 2 CONSENT AGENDA 4 ORDINANCE #35, SERIES OF 1988 - Amending Alarms 4 LIQUOR LICENSE HEARING - The Log Cabin 6 RIO GRANDE CONCEPTUAL SPA 7 LONE PINE ANNEXATION 13 RESOLUTION #31, SERIES OF 1988 - Annexation Element 13 HPC DECISION ON BERKO BUILDING 14 ORDINANCE #34, SERIES OF 1988 - Water Rates 18 MOORE POOL PROPOSED YEAR ROUND USE 19 COUNTY USE TAX 21 REPLACEMENT OF STREET VACUUM 22 ORDINANCE #37, SERIES OF 1988 - Bonds for Underground Project 22 GALENA DISTRICT CONDUIT REQUEST 23 EMPLOYEE HOUSING ENFORCEMENT PROGRAM 23 WHEELER ADJUSTMENT OF RENT 24 EXEMPTION FROM ADMINISTRATIVE DELAY - 201 Gillespie Erdman 25 SNOW MELT LOCATION 26 WEXNER HOUSE 26 CENTENNIAL 26 HOLY CROSS 26 27 Regular Meeting Aspen City Council September__26, 1988 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Isaac, Tuite and Fallin present. PROCLAMATION - Personal Integrity Day Mayor Stirling said the Council is joining to honor the interna- tional year of integrity and transformation by the United Nations and are participating with other cities around the nation. Mayor Stirling and the City Council declared September 30, 1988, as Integrity Day in Aspen, a day when each of us may celebrate the value of personal integrity. CITIZEN PARTICIPATION 1. King Woodward, Wheeler Opera House Association, told Council the Wheeler will be celebrating its 100th birthday in 1989. Woodward presented Council a poster done by Red Grooms for the 100th birthday. Woodward said the Association would like to be able to promote the centennial by putting banners on the Wheeler. Woodward told Council he is going to the HPC with this request tomorrow. Woodward said the state historical society has approved the banners as long as the brackets are not put into the stone but put into the mortar. Woodward said the banners are 20 feet by 30 feet and are larger than the square footage allowed. Woodward said they would like to hang these banners for the entire year rather than the 14 days allowed. Woodward said there are 6 banners in different colors. There will be 3 banners on the south side and 3 banners on the east side of the building. (Councilman Gassman came into the Council meeting). Woodward said they would like to put the brackets on the building while the scaffolding is there. Councilman Isaac moved to allow the Wheeler Opera House Associa- tion to put up brackets and banners for the centennial year as long as they get permission from the HPC and any other agencies necessary; seconded by Councilman Tuite. Mayor Stirling said he would like to see the banner first. Mayor Stirling said he hates to desecrate the exterior of the Wheeler. Bil Dunaway said this has not been on the agenda and it may create a lot of controversy. Mayor Stirling suggested discussing this at the next Council meeting. Councilman Isaac withdrew his motion. Mayor Stirling moved to put this on the October 10th agenda with decisions made by appropriate commissions and an example of the banner; seconded by Councilwoman Fallin. All in favor, motion carried. 1 Regular Meeting Aspen City Council September 26, 1.988 2. Montgomery Chitty told Council he is the organizer of the Aspen-Jamaica relief fund and asked the Council to sign on as sponsors of the relief fund. Chitty said this will be in name only. Chitty said they are gathering clothes f or the residents of Jamaica who were hit hard by hurricane Gilbert. The residents of Jamaica also need food, medical supplies, water purification equipment. Chitty said having the Council sign on as sponsors will give them name recognition to raise money for this drive. Chitty said he has local sponsors already signed up. Chitty said there are 500,000 people homeless in Jamaica who are in desperate need of supplies. Mayor Stirling said he admires this effort but as a custom the Council has not supported things like this in order to maintain a certain neutrality. Council agreed they would rather not sign on as sponsors. 3. Bob Lewis, representing the Environmental Research Group, showed photographs of the work they have been doing on Indepen- dence pass. They have built two walls. There have been 50 volunteers working on these walls. Lewis told Council there have been volunteers from the county but the city ran into some difficulty because of workman's compensation. Lewis asked that the city pay for a person for 3 days at 510 per hour, a request of 5240. Mayor Stirling moved to grant from the contingency fund not to exceed 5300 for the work that is being done near the top of Independence Pass; seconded by Councilman Isaac. All in favor, motion carried. Lewis told Council his group has been successful in getting the highway department to agree to do the engineering study on the four cuts on Independence Pass. Lewis said the highway depart- ment has told him they cannot afford to handle all four cuts. Lewis proposed to divide the responsibility. The forest service has agreed to donate 510,000. Lewis will approach the county about the Taggert cut and the city about the Difficult cut. Mayor Stirling suggested this be scheduled during this year's budget hearings. Jay Hammond, city engineer, told Council they are already scheduled as one of the non-profit groups. COUNCILMEMBER COMMENTS 1. Mayor Stirling suggested scheduled a post mortem on the Coors Classic for Monday, October 3, 1988, at 5 p.m. Mayor Stirling asked staff to talk to the newly formed community group that may sponsor this. 2. Mayor Stirling reminded Council there are budget meetings Tuesday, Wednesday and Thursday at 12:30. Council has board _- interview Tuesday, September 27 at 5 p.m. Wednesday, September 2 Regular Meeting Aspen City Council September 26, 1988 28, there is a work session at 5 p.m. to go over the October 11th ballot, the building department committee report and a discussion with the ARA on the proposed bed tax. 3. Councilman Isaac said since GRIP has withdrawn their petitions, maybe Council should schedule a meeting with them to discuss a program for continuing consolidation. Mayor Stirling said Council is working on consolidation issues and the next step is to get together with the Commissioners. 4. Councilman Isaac moved to add to the agenda exemption from administrative delay for the Ray Bates house, item VIII (1); seconded by Councilman Tuite. Councilmembers TUite and Isaac in favor; Councilmembers Fallin, Gassman and Mayor Stirling opposed. Motion NOT carried. 5. Councilman Gassman said he would like to compliment Chuck Roth for doing f urther research on the sidewalk on Mill street. 6. Assistant City Manager Mitchell said there are 3 items he would like an executive session on. These are the Wexner water issue, Holy Cross and the Centennial water extension agreement. Mitchell told Council all 3 issues have potential negotiation or litigation. Councilman Gassman said he is not convinced these need executive session. Mitchell said if Council discusses the city's position, they are compromising the ability to negotiate. If the city cannot negotiate, the city may be in a lawsuit. Councilman Gassman moved to put these on the agenda as VIII (1); seconded by Councilman Tuite. All in favor, with the exception of Councilman Isaac. Motion carried. 7. Assistant City Manager Mitchell told Council they are reviewing the conceptual SPA for the Rio Grande. The snow melt application is being heard by P & Z tomorrow. Mitchell requested Council add the snow melter review to their agenda and continue it to September 29 after the budget hearing. Mayor Stirling moved to add as item VIII (m) the snow melt location; seconded by Councilman Gassman. All in favor, motion carried. 8. Assistant City Manager Mitchell requested Council put the Mill property on the October 10 agenda for Council to make a final determination if they are going to pursue purchase of this property. Mayor Stirling moved to put the Mills property on the October 10 agenda; seconded by Councilwoman Fallin. All in favor, motion .-- carried. 3 Regular Meeting Aspen City Council September 26, 1988 CONSENT AGENDA Councilwoman Fallin moved to approve the consent agenda; seconded by Councilman Gassman. The consent agenda is A. Liquor License Renewals - Szechuan Gardens, Nick's Fresh Seafood, Mama Maria's; Boogie's Diner B. Minutes - September 6, 12, 1988 C. Contract Award Snow Melter Site Construction D. Extension of Galena Place Building Permit Application All in favor, motion carried. ORDINANCE #35, SERIES OF 1988 - Amending Alarms John Goodwin, police chief, told Council the differences in this ordinance require that the alarm companies obtain permits for the users, that operation of a company without a business license is in violation of the terms of the license and is a misdemeanor in the city of Aspen, and that public safety agencies shall not be required to respond to non-permitted or revoked alarms. Mayor Stirling opened the public hearing. Jim McDade, Westec Security, brought up the concept of a gradua- ted penalty. McDade told Council the original alarm ordinance was written in 1973. This ordinance has a provision for profes- sional standards, which were enforced by the building department and by the police department. McDade said one of the decision of the police department in 1973 was that all alarms would be silent because the police department wanted to catch criminals. This also lead to a very bad f alse alarm situation. McDade said by 1980 for 200 clients, there were 840 total alarms, 650 of which were in the city. McDade said in 1980, the police department preferred to cut down on false alarms and the ordinance was changed that all alarms be changed from silent to audible. McDade said at that time, it was agreed the alarm companies would pay the false alarms charges and pass these charges on to their clients. McDade said his company decided not to pass along the flat costs but would pass along a graduated costs to all their clients. McDade passed out a graph showing the number of alarm calls. McDade pointed out for 6 months the alarm calls dropped 60 percent, which he credits to changing the alarm technology and putting in a graduated scale. McDade said the professional standards were drafted jointly by the alarm companies and the police department. These were enforced. In the 1980 ordinance, these standards were dropped. The only enforcement is done by the finance department to mak e sure people pay $200 for an alarm license. McDade told Council 4 Regular Meeting Aspen City Council September 26, 1988 in the last 8 ~rear~ th~r~ hay been a collection Q€ ~~Qpl~ ~9ming into town and installing alarms. McDade gave Council a list of 27 companies active in town and only 8 licenses. McDade said the situation has gotten out of control due to lack of standards. McDade brought up the issue of not responding. McDade said one particular condominium unit may have a fire alarm and the whole project may burn down. McDade said he is concerned that there is turnover in the police department and a new police officer is given the opportunity not to respond, this can lead to a danger- ous situation. McDade said in general the police department does a superb job. McDade said his company receives alarms by code number, which is relayed to the police department by number. These digits could possibly get turned around in the process. McDade recommended 4 changes to the alarm ordinance. McDade said the permit system is good; however, it should be encouraging of alarm systems and not discouraging. McDade said the permit should be free for the initial application as well as the renewal, or this should be a permanent permit. Second, there should be a graduated penalty on client errors. McDade strongly urged that professional standard be written into the ordinance. McDade also urged that performance standards also be written in and that the alarm companies themselves be held to task. Goodwin said the main reason this ordinance has been proposed is that the police department is spending an inordinate amount of time responding to false alarms. Goodwin said the police department hopes to spend less time on issues that are the alarm companies and not the police department's. Goodwin said if there were performance standards, the police department would end up spending as much time watching the alarm companies to make sure the are performing adequately as they do responding to alarms. Goodwin said he would like to see the market place take care of these type of issues. Councilwoman Fallin said she is concerned about the companies that are not licensed. Goodwin said this ordinance makes it a misdemeanor to operate without a license. Goodwin said there is no way to know about a company or whether it is licensed until they call the police department to tell them about an alarm. Goodwin told Council the current false alarm fee is S50 and is a flat fee. Goodwin said the initial intent of this provision is that individuals with false alarms problems should be held responsible for them. Goodwin agreed with McDade's point about fire alarms and suggested the ordinance be changed for fire alarms that under no circumstances does the police department not respond to fire alarms. McDade said he does not feel the market place takes care of the quick operator in the short term. McDade r said the clients are not technical people. 5 Regular Meeting Aspen City Council September 26, 198.8 Councilman Isaac said he would be in favor of adding the gradu- ated fine system. Councilman Tuite agreed he would like to see a graduated fee in this and objects to yanking someone' s alarm. Councilman Tuite said he would like to see the permit be a one time fee. Councilman Tuite said he would like to see the staff work on some standards. Mayor Stirling said he has no problems with the graduated penalties. There ought to be a charge right from the start. Mayor Stirling said it is not up to the city to set the performance standard f or one business. Mayor Stirling said there should be a permit fee. Councilwoman Fallin said the graduated fee is good and there ought to be a penalty for the first alarm. Councilwoman Fallin moved to table Ordinance #35, Series of 1988, to October 10, 1988; seconded by Councilman Tuite. All in favor, motion carried. Mayor Stirling said a majority of Council agreed to a graduated schedule with a first time penalty, does not think there should be standards, and the response to fire alarm should be added in. LIQUOR LICENSE HEARING - The Log Cabin Mayor Stirling opened the public hearing. City Clerk Kathryn Koch reported the file, posting and publication to be in order. Caroline McDonald, applicant, told Council they feel they would be filling a need in Aspen by having a low to moderate cost family style restaurant. Ms. McDonald told Council the bar will be a small waiting area and the liquor license is mostly as an enhancement for the dining experience. Ms. McDonald presented a petition with 142 signatures supporting this liquor license application. Mayor Stirling asked about the concern about the abuse of alcohol and the effect on young people. Ms. McDonald said this is primarily a restaurant. Ms. McDonald told Council they will be responsible about the laws. Scott McDonald told Council the restaurant will be open from 4:30 to 11 p.m. and the bar will not be open after that time. Councilman Isaac asked about acces- sibility for the handicap. Scott McDonald explained they are working on this and would be glad to meet with Councilman Isaac. Mayor Stirling asked for opponents to the license. There were none. Peggy Stevens told Council she knows the applicants personally and gave a positive recommendation. Mayor Stirling closed the public hearing. Councilwoman Fallin moved that based on the evidence presented at the public hearing held September 26, 1988, relating to the 6 Regular Meeting Aspen Citv Council September 26, 1988 application of Scott and Caroline McDonald for a three-way liquor license, Council finds that the needs of the community have not been met and the license is hereby granted; seconded by Council- man Gassman. Mayor Stirling said the McDonalds have preserved a very sig- nificant building that adds character to Aspen. Mayor Stirling said the McDonalds did this voluntarily and worked with the community to make it happen. All in favor, motion carried. RIO GRANDE CONCEPTUAL SPA Tom Baker, planning office, said RNL, the parking consultants, will be conducting on-site design sessions the rest of the week in city hall. This will be an on-going evolution of the design. Baker told Council the SPA review process is a four-step process; two steps of conceptual at P & Z and Council and 2 steps of precise review with P & Z and Council. This is the conceptual review with the Council. The purpose of the review is to evaluate the general intent and design approach of the project with the positive and negative impacts being reviewed. Baker said this step is not to be as detailed as conceptual subdivision or PUD. Baker told Council the planning office is bringing this forward as part of the implementation of the transportation plan. Final SPA will be brought forward by each entity, like the library, arts groups, parking facility. These will be the specific design development reviews and will be one step before P & Z and Council. Baker told Council in July, P & Z adopted a resolution recommending approval of the conceptual SPA with conditions. P & Z held four meetings from April to July and the result was unanimous approval. Baker told Council P & Z programmed the southern and northern portions of the site and left the center of the site unprogrammed for future uses. Baker presented a model of the property. Baker told Council the parking structure is designed to be 3 levels built into the hillside with a plaza on top. The parking structure can hold 420 cars with two levels under the library. The parking structure is designed to allow a transportation center for remote ticketing, airline check-ins, regional and local bus service. Baker told Council P & Z was pleased with the design at the conceptual level. The design allows a pedestrian scale look on the north portion of the site with the bulk of the structure hidden by the topography, using the library to mask the western facade. 7 Regular Meeting Aspen City Council September 26, 1988 Baker showed the Spring street extension, which is necessary f or adequate ingress and egress to the site. P & Z had some concerns about the specific location of Spring street, which they will deal with at final SPA. Their concerns include future options for allowing Cap's to possibly expand into a service station. P & Z felt the library is an appropriate use on this site if it does not compromise the transportation uses. Baker said the library is masking the west facade of the parking structure. P & Z want to make sure the Mill street facade has a pedestrian character and i s set back f rom the street to not create a canyon effect and that the overall height of the library be no more than one story above the plaza level of the parking facility. Baker told Council the proponents of the teen center made a presentation and requested space in the parking facility, identifying Vail as a community that has done something similar. P & Z indicated they would like the teen center committee to work with the library board to see if a 4,000 or 5,000 square foot space could be made inside the library until the library needed to use the entire program. Baker told Council the teen center committee has a plan to use part of the library's space and 9 or 10 spaces from the parking facility. P & Z indicated they are uncomfortable allowing community uses to replace parking spaces in the facility and is a bad precedent to set. Baker said P & Z agreed a teen center is needed in the community; however, the ice rink on Durant street would be thei r f i r st choice f or a teen center. Baker told Council P & Z looked at 2 uses for the northern portion of the site; arts uses and snow melt facility. Baker said the arts use is more conceptual than some of the others. Baker told Council the city has had discussions with the arts community and they are in the concept development phase. There is a land exchange agreement between the city and county for preservation of the Oden/stable area to facilitate the construc- tion of a performing arts facility. Baker reminded Council there is a 10 year sunset clause on that agreement. Baker said the arts groups do not want to hold the community hostage for bringing the parking facility on line, and they do not feel 1992 is something they can get done. Baker said the arts groups are discussing a seasonal facility on the snow dump area to see if it is successful. Baker told Council P & Z was excited about arts usage in conjunction with the Arts Museum across the river. Baker said the P & Z feel the snow melt facility would be better in a different location, and the sanitation district site is preferred. Baker said P & Z feels if the city is to pursue the snow melt concept, perhaps the Rio Grande can work. 8 Regular Meeting Aspen Citv Counc_1_____ September 26 , 1988 Baker told Council the playing field in the center of the site was not programmed. Baker said this is an important field that is used a lot in the summer. P & Z felt this was an ideal caretaker, if not permanent, use and allows future Council an option to develop plans. Baker said the existing gravel lot will be paved and striped. There will be a loss of about 80 spaces due to the extension of Spring street. The P & Z felt the impound lot could be dealt with in two phases; storage on the Rio Grande site, and after 48 hours taken to another facility, like the dump. Baker told Council in discus- sion with the police department, they require more than 48 hours and felt a one week holding period was more appropriate. Baker told Council staff feels that the impound lot is only needed in the ski season. The Rio Grande site could be used for an impound lot in the winter only. After that the fence could be removed and this site could be used for other community uses. Baker told Council P & Z wants to continue the Roaring Fork greenway concept along the river, which includes revegetating the snow dump site. Trails should be expanded to go along the river. Baker said a shuttle system has been suggested. There is the possibility of f uture community uses on the Rio Grande site. P & Z recommends that the design of the parking structure be such that it can handle the load of an office building on top of the plaza. Baker told Council P & Z has applied conditions to their recom- mendation. The first condition has to do with the unique situation of the Rio Grande. Baker told Council typically in an SPA all the impacts are understood at final review. Baker said for the Rio Grande, locations are conceptually being identified but precise SPA is being done incrementally. Baker said this approach loses the ability to understand the overall traffic impact. P & Z requests these traffic impacts to be understood prior to approval of the conceptual SPA. Baker said the city had the traffic firm of Lee, Scott & Cleary look at the Rio Grande site with a list of uses. Baker told Council Lee, Scott & Clearly identified the intersection of Mill street and Spring street extended as being the limiting factor for traffic in the area. The consultants identified a 420 car parking structure, a 20,000 square foot library, Cap's, a commercial transportation center and the snow dump as utilizing the capacity of the road at p.m. peaks. The consultants cautioned against putting any other uses on that site that would substantially increase the traffic load of these p.m. peaks. The consultants looked at rail uses on the site and recommended that intercity rail service be restricted to avoid the peak periods. The consultants recommended for a performing arts 9 Regular Meeting Aspen City Council September 26, 1988 facility that conflicts be avoided between large events and the p.m. peak hour period. Baker said the snow melt facility has no effect on the traffic impact because of the time of operation. Baker said if office uses were to be included, staff would have to understand how many people already park at the Rio Grande as well as subsidized bus passes, flexible hours for work, and a shuttle system. P & Z emphasized that traffic congestion should not limit the feasibility of developing any land uses under consideration, but it should be understood there are peak period hours to be avoided. Baker told Council the second condition talks about traffic generated by the parking facility and how it effects the adjacent intersections. Baker pointed out exhibit 5, which demonstrates that Main street between Mill and Spring will see a reduction of about 2600 vehicles a day because of the parking f acility. In general, the downtown area will experience a reduction in traffic because of the circulating not occurring. Baker said Mill street between Main and Bleeker will experience about the same amount of traffic, but between Spring and Puppy Smith street will see an increase of about 200 vehicles per day. The largest increase of traffic will be on the new Spring street extension. This is a concern of the adjacent neighbors. P & Z has recommended substantial landscaping done on the curve of Spring street to buffer the Oklahoma flats area. The third condition talks about the effect of traffic and pedestrian movement if the roof of the parking structure is used for parking. P & Z did not recommend that the roof of the structure be used for parking because they felt the visual integrity of the site will be compromised. The fourth condition addresses a need for a model, which is done. The fifth condi- tion addresses circulation in the parking facility. The final report contains floor plates which demonstrates that. The sixth condition is going is going to pay for what part of the site improvements. Baker said this will be better addressed at the final plat stage. Condition 7 and 8 need to b e addressed. One addresses the land exchange agreement with the county; the other addresses engineering surveys. Mayor Stirling opened the public hearing. Skip Berhorst told Council over a year ago started to address the needs of a youth there has been overwhelming support and community. The youth has been very much process, have developed a survey. The want a key location downtown and near the with private funding, this youth center space available in the parking structure, a community effort was center. Berhorst said encouragement from the involved in the whole survey showed the youth Jerome. Berhorst said can be developed with either with the library 10 Reqular Meeting Aspen City Council September 26, 1988 Bob Langley, St. Mary's Church, said kids need a place where they can be themselves without adult interference. This is the opportunity with a facility that won't cost too much. The kids have made the commitments and the city should support them in any way possible. Larry Dragon, ASAP, said they have spent a lot of time trying to find out what the youth of the community need and want. The results are the kids want a youth center. Dragon urged Council to support this. It is the opportunity for Council to make a statement. Dragon said the teen center needs to be downtown to work. Sabrina Sadeghi, middle school, told Council a lot of kids would like to have this center. Sabrina said there is not a lot f or kids to do in Aspen. John Goodwin, police department, told Council most of the trouble the police department encounters with children are those who come to town with the parents and are left on their own. Goodwin said this youth center will be a place for visiting children to go. Vidal told Council as far as the library board this is not a resolved issue. Vidal encouraged the Council to consider other sites downtown. Vidal said the library is dependent on construction of the first two levels of the parking structure. Vidal said the library is ready to go; however, the parking structure will determine the timing of it. Baker told Council the city's consultants and library consultants are working together to process the final SPA at P & Z this fall. Baker said the city is hoping to complete the process so that construction can begin in the spring of 1989. Arlene DeVries said the Vail teen center has been operating f or several years and is very successful. The Vail teen center is located in their parking structure. Ms. DeVries said the director of the Vail teen center is willing to come to Aspen and help on this project. Sara Pletts, representing the North Mill artists association, told Council they visualize this area as an arts area. Ms. Pletts said they would like to be included in planning this area. Ms. Pletts said she has concerns whether the Rio Grande is an appropriate area to put in a snow melt f acility. Jeffrey Evans said when the city gets down to planning for the ice rink on Durant street, in addition to the cafe the city looks at the potential for have living music and for having a non- smoking, nonalcoholic location. Paul Taddune said he will have to look at the sales tax question to investigate funding for this particular use. There would have to be coordination between the transportation element and the community service element. Councilman Tuite said he would like some history on the youth center at the Jerome. Councilman Tuite asked if the space below the jail has been looked at for a youth center. Councilman Tuite 12 Regular Meeting Aspen City Council September 26, 1988 said he does not support putting the youth center in the garage but would support it over at the ice rink on Durant. Councilman Isaac said he is committed to having a teen center but the sites that are going to be available need to be analyzed. Councilman Isaac said the existing library, the elementary schools and the community center may all be available. Council- woman Fallin said everyone has said the kids want to be downtown. Councilwoman Fallin said this group has been looking for a year for possible spaces. Councilwoman Fallin supported the city looking into this further. Councilwoman Fallin said the city does not know when or if the ice rink on Durant will happen. Councilman Gassman said this is a great opportunity. Councilman Gassman said he is not sure this will work out or will be able to be coordinated with the library but there are a lot of people saying they have looked at a lot of sites. Councilman Gassman said it is important to seize momentum and enthusiasm. Council- man Gassman said he is surprised that the P & Z felt losing 8 parking spaces was a community disaster. Councilman Gassman said he would like to see some activities take place on the roof of the parking structure. Councilman Gassman said the ice rink on Durant should be a park and should be open and not developed. Councilman Gassman supports going ahead with this as a site for a teen center. Mayor Stirling moved to continue the public hearing to October 10, 1988; seconded by Councilwoman Fallin. All in f avor, motion carried. LONE PINE ANNEXATION Councilwoman Fallin moved to table this to October 24, 1988; seconded by Mayor Stirling. All in favor, motion carried. RESOLUTION #31, SERIES OF 1988 - Annexation Element Glenn Horn, planning office, reminded Council they have had work sessions on this items. The primary changes have to do with the annexation of undeveloped lands on the fringes of town. Horn told Council there are provisions put in the plan about the possibility of adopting some land use mechanisms that are incorporated in the county land use code, like the 200 foot setback from the highway as well as the scenic foreground review. Horn said he put a sentence in the plans about the possibility of annexing lands for the purpose of maintaining them as open space. Horn said there was a recommendation that the city annually monitor sales tax to see how they might change as a result of annexation and to see if there should be a redistribution of the sales tax. Horn said the plan also addresses the possibility of 13 Regular Meeting Aspen Citv Council September 26, 1988 having a large annexation election for territory outside the city limits rather than annexing incrementally. Mayor Stirling said he favors the approach of annexing incremen- tally rather than doing a big election. Mayor Stirling said this is an acknowledgement of each area, their needs, use, density and zoning issues. Horn agreed this is the best way to pursue annexation because the way neighborhoods are dealt with on an individual basis. It is a more humanistic approach to annexation and to deal with the problems individually. Councilman Isaac said the statement being in the plan does not bother him but he prefers annexation on neighborhoods individually. Horn said the city would not be precluded from going to a large annexation election. Mayor Stirling said there should be an articulation of this preference in the plan. Councilwoman Fallin agreed the city should continue doing annexation the way they are. However, if the homeowners want to propose an election, the option ought to be available. Councilwoman Fallin said the city should not initiate this type of annexation. Assistant City Manager Mitchell said the state statute offers both methods. The Council could acknowledge the two methods are available and Council will respond to the will of the neighbor- hoods. Mitchell said the city has been taking a lead role in starting the petitions, then the neighborhoods proceed and get the signatures. Mitchell said the idea of the election came out of the consolidation study. Horn suggested stating in the plan that there are two ways to accomplish annexation. In the past the city has been doing the petition method but would be open to both. The city feels that the petition method is more responsive to the needs of the neighborhood. Mayor Stirling said section 4.5 talks about a redistribution of revenues. This should reflect the more immediacy of redistribution. Horn pointed out this plan is on-going and the city may need to renegotiate again in the future. Councilman Isaac moved to adopt Resolution #31, Series of 1988, adopting the annexation element; seconded by Councilwoman Fallin. All in favor, motion carried. Mayor Stirling commended staff and the P & Z for having brought this plan along. HPC DECISION ON BERKO BUILDING Mayor Stirling said citizens have requested Council bring this on the agenda to discuss an appeal process for the recent HPC decision on the Berko house. Mayor Stirling said there is a 60 day appeal period and an appeal has to be based on an abuse of discretion or exceeding the jurisdiction. Mayor Stirling said 14 Regular Meeting Aspen City Council September 26, 1988 another issue is the make up of the HPC. The last direction is to give direction to staff to work on more types of incentives to be brought back to Council. Les Holst passed out an article from the Denver Post on the destruction of Aspen. Holst said Aspen is a special place and comes under attack. Holst said most of the special places have shut their doors to bad uses. Holst said developers come to Aspen because they cannot do what they want someplace else. Holst said the city has to look at what should be preserved. Holst said this is historic architecture and people scale. Holst said the plans submitted for the Berko building space are totally inappropriate and there is not the correct match between the architect, the developer and the needs of the community. Holst said the needs of the community should come first. Holst presented a petition signed by 700 citizens of Pitkin county unanimously opposed to relocation of the Berko house from it's site at 309 East Hopkins. Holst said it is time to stop the continuing destruction of historic building in the downtown. The petition asks Council to think of the HPC' s approval as inap- propriate to appeal their decision based on section 7-604 of the revised land use code. Holst said several of the paragraphs can be satisfied by leaving the structure in its place. Mayor Stirling moved to refer this letter to the city attorney and have the attorney report back to Council as soon as possible his findings and schedule a hearing and/or appeal as appropriate based on his analysis; seconded by Councilman Gassman. Councilwoman Fallin asked how much time the city has. Paul Taddune said the appeal has to be submitted within 60 days. Taddune said the standards are an abuse of discretion or denial of due process by HPC. The standards in the new code are that Council shall consider the application on the record established before the HPC, which should be submitted to Council for review. Taddune said this letter should go to the building department so that no permit is taken out. Mayor Stirling amended his motion to add the above; seconded by Councilman Gassman. Councilwoman Fallin said she does not want the house to disappear while Council is considering this. Roxanne Eflin, planning office, told Council this was conceptual approval. The appli- cants have to go through GMP and through final review. Gideon Kaufman, representing the applicant, said prior to time Council makes their determination, the applicant should have the oppor- tunity to present his case to Council. Kaufman said it is not fair for Council to make a determination based on one side of the 15 Re4ular Meetin4 Aspen Citv Council September 26, 19.8.8 issue. Taddune said Council should presume this is a legitimate appeal. All in favor, motion carried. Mayor Stirling said he is interested in pursuing section 24-9.2 of Ordinance #11, 1987, which is qualification for membership. Mayor Stirling said he would like to amend this section. Mayor Stirling moved to add to Section 3 (i) that whenever any member of the design community is appointed to HPC by Council, that the member agrees not to represent any applications before the HPC during the time he or she is on the Commission; to be discussed at a Council meeting in October; seconded by Councilman Gassman. Councilman Isaac said a motion like this should effect all the city Boards, not just the HPC. Mayor Stirling said he would add this to the motion. Councilman Isaac said there would be problems with anyone from any board representing a client before that board. Gideon Kaufman said this is an example of over reaction. Kaufman said there is a difference between Council where people run for office and are paid and on boards that are volunteers. Kaufman said this could eliminate people that know the most about boards and have the opportunity to appear before the boards. Kaufman said before there were professionals on the HPC, things got passed that should have not been passed. Kaufman said it is not reasonable to expect people to volunteer and give up their time and to also have to turn away work. Kaufman said this action is not giving credit to other members of the board and is assuming that people on boards will vote that way. Kaufman said this will diminish the quality and qualification of board membership. Les Holst said if there wasn't a problem with the HPC, this would not be before Council. Holst said there are guidelines that require professional people being on HPC, but there is a prepond- erance of architects on HPC. Holst said the city needs a board that is balanced and can do its job. Mayor Stirling said he would like staff to look at this part of the ordinance and bring this topic back to Council no later than October 24. Mayor Stirling said he is interested in expanding this to all boards and commission. Mayor Stirling said he is looking f or f airness and equitability. Roxanne Eflin, planning office, reminded Council under the state requirements, the city has to have at least 40 percent of the HPC made up of professionals. Ms. Eflin said as the city has become a CLG and has received funding from the state, the city has had to become very professional. Mayor Stirling said his motion is that professionals cannot represent applicant before the board that they are on. 16 Regular Meeting Aspen City Council September 261 1988 Councilman Tuite said this should be brought up with the boards first before Council tries to change the rules. Mayor Stirling said it is Council's responsibility to determine the make up of the boards. Peggy Stevens said there has been an appearance of conflict, whether or not there is, and this has to be settled. All in favor, with the exception of Councilman Tuite. Motion carried. Mayor Stirling said he would 1~Ke Council to look again at the incentives and the tools that are available to the HPC to see if more can be done. Mayor Stirling said it has been pointed out that there are inadequate incentives for historic designation. Mayo r Stir 1 i ng moved to direct Roxanne Ef 1 in to bring back to Council in the next 60 days a litany of incentives that can be re-addressed to tie in with P & Z participation, water tap incentives, parking incentives, housing incentives, looking at the possibility of a neighborhood overlay in the west end; seconded by Councilman Isaac. Councilman Tuite said the incentives are nowhere near where they need to be; however, the Council went through this discussion several months ago. Councilman Tuite said the issue is if the Council is prepared to put up the money for incentives. Council- man Isaac said it was pointed out that the Berko building had to have employee housing, which added to the size and cost of the building. This made it unfeasible to rework the project on site. Councilman Isaac said Council can look at incentives like not requiring housing on a historic site, not asking for a park dedication fee. Councilman Gassman said he has reservations about this. Council- man Gassman said this is giving someone a reward for something they should do anyway. Councilman Gassman said buying a historic building is a lot of f un but is also a lot of problems. Council- man Gassman said he has a hard time with expecting the community to pay for someone to have a social and architectural conscience. Councilman Gassman said a person buying a historic building is buying something very valuable and a piece of history. Council- man Gassman said if there are any incentives that are discretion- ary, they should be a tool available to Council and not a volunteer board. Mayor Stirling suggested these incentives be synchronized with the budget hearings so if there are financial incentives, Council can look at these in context with the budget. Ms. Eflin said the city needs to accurately define what the problem is. Ms. Eflin said she is not convinced the incentives address the real 17 Regular Meeting Aspen Citv Council September 26, 1988 problem. Ms. Eflin said there are small historic properties that the community does not want touched. Ms. Eflin said there may be some other ways to approach this, like a TDR program or SA overlay or purchase development rights. All in favor, with the exception of Councilman Gassman. Motion carried. ORDINANCE #34, SERIES OF 1988 - Water Rates Councilwoman Fallin moved to read Ordinance #34, Series of 1988; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #34 (Series of 1988) AN ORDINANCE AMENDING SECTION 23-101 (a) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ESTABLISH MONTHLY WATER RATES AND CHARGES FOR METERED, NO N- METERED, AND CONSTRUCTION RATE CITY OF ASPEN WATER CUSTOMERS FOR THE BILLING PERIOD BEGINNING SEPTEMBER 15, 1988, AMENDING SECTION 23-43(a)5 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO MODIFY THE EXTRAORDINARY WATER USAGE DEFINITION, REPEALING SECTION 23-43(a)(7), AMENDING SECTION 23-32 (b) TO MODIFY THE WEIGHTING FACTORS ASSIGNED TO SERVICE AREAS, AMENDING SECTION 23- 42(c) TO REMOVE THE OUT-OF-CITY CHARGE AND DELETE REFERENCE TO UTILITY INVESTMENT CHARGES, AND AMENDING SECTION 23-58(b) TO ESTABLISH WEIGHTING FACTORS BY SERVICES AREAS TO BE USED IN CALCULATING UTILITY INVESTMENT CHARGES was read by the city clerk Cindy Wilson, finance director, told Council this is the same ordinance Council saw two weeks ago. Ms. Wilson t old Council there is no avoided cost charge in the new ordinance. The avoided cost charge was the charge assigned to out of town customers who put different constraints on the system than in- town customers. The service areas factors have been modified; under the current rates these go up to 2.75, under the proposed rates the maximum is 2. Ms. Wilson said the total revenues expected to be collected are equal to the 1989 budget including debt service. This is more than the revenues that would be generated under the existing rates. The existing rates are lower because Council gave customers the benefit of lower debt service due to refunding the bonds. Ms. Wilson said the revenues have been reduced to give the customers credit for one-half of the expected excess of tap fees over the current budget f or 1988. Ms. Wilson told Council the city expects that tap fees will be $200,000 greater than 18 Rectular Meeting Aspen City Council September 26, 1988 budgeted and $100,000 of that will be used to increase the fund balance and $100,000 will been used to reduce the rates. Ms. Wilson said these rates will be effective October 1, 1988. Ms. Wilson said the excess use charge has been changed so that from May 15 to September 15, it is calculated on 30,000 gallons per ECU per month per account. The rate charge is 50 percent greater than the regular usage rate. In the winter months this is 15,000 gallons per ECU per customer per month at double the rate. Councilman Isaac moved to adopt Ordinance #34, Series of 1988, on first reading; seconded by Councilman Tuite. Mayor Stirling said he is still concerned whether this is going to be effective. Mayor Stirling said he favors the rate struc- ture in effect in 1987 with annual increases. Mayor Stirling said this rate structure has addressed inequities like condo- miniums that were paying fairly for use but not by size. Roll call vote; Councilmembers Isaac, yes; Gassman, yes; Fallin, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. MOORE POOL PROPOSED YEAR ROUND USE Richard Roth said there are a group of citizens that would like to make the Moore pool available on a year round basis. Kelly Kelley, pool director, reminded Council in 1985 the pool was allocated money to enclose the pool and to renovate the building. Ms. Kelley said during this project a recreation facility was presented to Council, and the city studied that and the pool enclosure was put aside. Ms. Kelley said the money to enclose the pool went back into the general fund. The recreation facility did not pass an election. Ms. Kelley said she repre- sents hundreds of people who would like to see the pool enclosed. Ms. Kelley told Council Aspen is a very healthy community and most people are involved in outdoor activities. Many people cannot afford to belong to private clubs. Ms. Kelley said an enclosed pool would be available to children to continue their education. Ms. Kelley told Council activities at the pool have double or tripled in the last 10 years. Ms. Kelley presented proposed uses for a year-round pool. Ms. Kelley said she has nothing to base utility costs for the winter on except talking to other communities that have enclosed pools. Ms. Kelley said the city has purchased a pool cover which will decrease the heating costs. Ms. Kelley said the maintenance costs would be similar to those now. The employee costs would be the same, expanded to year round. _ Ms. Kelley told Council she feels a small increase in fees would be justified. Ms. Kelley said in the summer, the entire after- 19 Re4ular Meeting Aspen City_Council September 26, 1988 noon is public swim. People pay once and stay the whole day. Ms. Kelley said winter programs would be set up per hour with different programs. Ms. Kelley said she has talked to the school system. The school feels a swimming program would be good and the teachers are behind a P.E. system. Assistant City Manager Mitchell said when this was addressed in the capital budgeting, there was not money to cover the pool but the city would have to have bonded for this and the ice rink. Mayor Stirling moved that Council allocate for the balance of 1988 and for 1989 a sum not to exceed $50,000 for the installa- tion of a structure described in Kelly Kelley's memorandum and additional operating costs to run the pool in 1988 and contribu- tions to 1989; seconded by Councilman Tuite. Mayor Stirling said the money would come from whatever savings there are in 1988 instead of it being put into the f and balance. The second source would be the fund balance. Mayor Stirling said Council made a decision to put money into the ice rink in excess of 5150,000 which came out of cash. Mayor Stirling said there is a growing number of users of the pool. This is an economically sound way of covering the pool and allows year-round use. Mayor Stirling asked if a pool cover is resalable. Ms. Kelley said these are. Mayor Stirling said he is using 525,000 f or cost of the enclosure and 525,000 toward operation of the pool. Mayor Stirling said the ice rink is subsidized. Mayor Stirling said a resort without a public pool available year round seems inade- quate. Councilman Tuite asked the result of chlorine on a pool enclo- sure. Ms. Kelly said she does not use a lot of chlorine and uses an ozone system at the pool. The use of the pool cover should decrease the use of chlorine. Councilman Tuite asked what the anticipated usage of the pool year round would be. Jackie Broughton presented letters from the hospital, the school district, CMC, real estate agents and the medical clinic. Ms. Broughton said the pool could be used as therapy f or patients and sports injuries. Ms. Broughton said day care centers have expressed interest in using the pool. Ms. Broughton said she is receiving 100 percent support for use of this pool year round. Ms. Kelley told Council in the summer the pool is set up as an open public swim the majority of the day. The school year would bring in designated classes per hour. Assistant City Manager Mitchell pointed out when staff went through the process of designing the cover, the estimates were that the city would be required to subsidize the operation 5100,000 per year. Councilman Isaac said Council has a long list __ of capital projects in their budget books. Councilman Isaac said to take thi s one out of context and t o f and i t doe s not mak e 20 Regular Meeting Aspen Citv Council September 26. 1988 sense. Councilman Isaac said he would be willing to look at this during the budget process. Councilman Isaac said he would like to see the pool covered but to approve the project out of f and balance does not meet the Council's guidelines. Councilwoman Fallin agreed this should be studied in conjunction with the 1989 budget. Councilwoman Fallin said she is not prepared to take this out of fund balance. Mayor Stirling said the city has talked about and studied this project long enough. The request is for 1988, not 1989. Ms. Broughton told Council covering the pool has been before Council several times since 1972. Roth said this is one activity that Council can provide for people from one year to senior citizens. Mitchell told Council it is important they make capital project decisions in the context of requests. Mayor Stirling in favor; everyone else opposed. Motion NOT carried. Councilwoman Fallin said she strongly supports covering the pool but wants to do it out of the 1989 budget. Councilwoman Fallin moved to discuss this September 27 at the recreation budget; seconded by Councilman Tuite. All in favor, with the exception of Mayor Stirling. Motion carried. COUNTY USE TAX Tom Oken, county administrative services, reminded Council after a work session last week, there seemed to be agreement to approve the use tax f or retention of the full proceeds by the county in exchange for conceptual agreement by the county to participate with the city financially in any annexation that occurs. Oken said he understands that the county will transfer to the city it's net savings as a result of annexation, to the extent that the county had those savings funded and also realized those savings. Oken said if there is an increase in service levels that the county does not support, this would be the city's responsibility. This will be looked at as each annexation occurs. Councilman Gassman asked how it will be known if there is a county savings. Oken said the city and county staff will have to work each one of these out. Councilman Gassman said there is so much demand he can see the resources being re-allocated somewhere else. Oken said the board has said they will not re-direct the savings into services elsewhere but will look at these savings and pass them through to the city. Assistant City Manager Mitchell said this will be a difficult process but the county has acknowledged they will do this. Mitchell said when the first 21 Regular Meeting AsAen Citv Council September 26, 1988 annexation study was done, the differences were significant between the city's increased costs and the county's savings. Councilman Tuite moved to direct staff to draft a resolution approving this agreement with the county; seconded by Councilman Isaac. Councilman Isaac asked if Council has to vote on this agreement before it goes to an election. Oken said the county's resolution will not be effective without the city's approval. All in favor, with the exception of Mayor Stirling. Motion carried. REPLACEMENT OF STREET VACUUM Jay Hammond, city engineer, reminded Council this came up during the street department budget and a discussion of capital replace- ment items. Council said they wanted to replace the street vacuum as an immediate priority. Hammond told Council the staff has looked at the various manufacturers available and has demonstrated 3 of the 4 major manufacturers. Hammond said the machines all use a water spray to keep dust down; however, most - of them can be used without water when conditions require. Hammond said he is confident he can find a machine that will give good year round use. Hammond said this is a priority and sug- gested a commitment to fund this purchase in 1989 is adequate. Staff will look at the one machine they have not demonstrated and then place an order as early as December. Council agreed with staff's recommendation. ORDINANCE #37, SERIES OF 1988 - Bonds for Underground Project Councilman Isaac moved to read Ordinance #37, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #37 (Series of 1988) AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS IN THE PRINCIPAL AMOUNT OF $275,000 OF THE CITY OF ASPEN, COLORADO, FOR UNDERGROUND IMPROVE- MENT DISTRICT N0. 1; PRESCRIBING THE FORM OF THE BONDS, PROVIDING FOR THE PAYMENT OF THE BONDS AND THE INTEREST THEREON, AND OTHER DETAILS IN CONNECTION THEREWITH was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #37, Series of 1988, on first reading; seconded by Councilman Tuite. 22 Re4ular Meeting Aspen Citv Council September 26, 1988 for the upcoming winter season. Councilman Gassman said he is not sure this was the intent of the cash-in-lieu program. Councilman Gassman said if Council decides to do this, they should come up with the money from somewhere else. Adamski said of this request, $3000 will come out of the budget for 1989, which is the computer. Adamski said most of the problems are in the scattered housing program. Adamski said as more housing units are added, more workers will have to be added to keep up the enforcement program. Adamski said he is asking for a f ull time and half time person to carry this program out. Mayor Stirling said this is a high priority, and Council has got to know that the units are being used as they were intended to be used. Mayor Stir 1 i ng moved to allocate $ 9915 to the project for the balance of 1988 the allocation to come from contingency funds; seconded by Councilman Tuite. All in favor, motion carried. Councilman Tuite moved to suspend the rules and meet for 30 more minutes; seconded by Councilman Isaac. All in favor, with the exception of Councilmembers Fallin and Gassman. Motion carried. WHEELER ADJUSTMENT OF RENT Bob Murray, Wheeler director, told Council this is a recommenda- tion from the Wheeler Board not the Wheeler manager. Eve Homeyer, Wheeler Board, told Council the Board was reluctant to rebate any of the rent because many places pay rent year round and close up in the off season. Ms. Homeyer told Council the restaurant is not a very attractive place with the scaffolding all around the building. Ms. Homeyer said the board offered to waive 35 percent of the rent. Ms. Homeyer said the Flowering Branch has not had any walk in business. Ms. Homeyer recommended the city rebate 80 percent of the rent because the two busi- nesses are really put out of business. Sirous Saghatoslami, owner of Bentley's, told Council the restaurant has not closed since it opened in 1984. Saghatoslami reminded Council this project was originally scheduled to be done in May; however, there were no bids at that time. Murray said it would have been more convenient for everyone involved if the job had been done in the spring. Councilwoman Fallin moved to reduce the rent at Bentley's and the Flowering Branch by 80 percent during construction at the Wheeler Opera House; seconded by Councilman Isaac. Saghatoslami told Council he still has to pay his overhead during this time. Saghatoslami requested to city rebate the whole rent plus whatever it costs to clean up after the construction. 24 Regular Meeting Aspen Citv Council September 26, 1988 Saghatoslami said he will accept 80 percent, but if it costs money to clean up, he should be reimbursed f or that. Murray said the Wheeler would be criticized if they did not keep up the exterior of the building. Ron Fleming, manager, said never having closed, it was a surprise to the staff and there will be some expense of retraining the staff. Mayor Stirling said the city sponsors a lot of construction all over town, which has onerous effect on businesses. Mayor Stirling said in this case the city owns the building, but he is worried about this as a precedent for any construction the city might do. Councilman Isaac asked what tenants in other commer- cial buildings do. Mayor Stirling said construction is usually scheduled for off season. Mayor Stirling pointed out that owners of buildings have financial obligations, too. Saghatoslami told Council he stayed open f or 2 weeks and lost up to 85 percent of his business. The scaffold has had a very direct impact on this business. It makes it like a jail inside. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. EXEMPTION FROM ADMINISTRATIVE DELAY - 201 Gillespie Erdman Councilwoman Fallin moved to exempt from the administrative delay the property owned by the Erdman family at 201 West Gillespie; seconded by Councilman Gassman. Councilman Isaac said he will vote for this if Erdman will commit to adding a one bedroom apartment. Don Erdman, applicant, told Council this apartment is in the plan. Erdman said in the R-6 zone, if one has sufficient square footage, one can build a duplex. Erdman said he is planning to construct a house and would like to have an apartment over the garage. Erdman said they are not displacing a residence. Mayor Stirling said the city has some criteria f or granting exemptions, like an applica- tion in process, a signed contract. Mayor Stirling asked if the intention is that the apartment will always be used as a employee unit. Erdman said he is not looking for a deed restricted unit. The criteria of the delay does not appear to be directed at this situation and the criteria for exemption are very general. Erdman said this is a non-developmental situation. There is a one bedroom house which is being replaced. Erdman said he is not interested in deed restriction. All in favor, motion carried. 25 Regular Meeting Aspen City Council September 26, 1988 SNOW MELT LOCATION Councilwoman Fallin moved to continue the meeting to 12:30 p.m. Thursday, September 29, 1988; seconded by Councilman Tuite. All in favor, motion carried. WEXNER HOUSE Assistant City Manager Mitchell suggested continuing this item to another meeting. Councilman Tuite said there are 3 alternatives in the memorandum. Mitchell said the recommendation on Wexner is to continue to negotiate the issues of the lease, payment f or the use of the water . Councilman Gassman moved to accept the recommendation on Wexner; seconded by Councilman Tuite. All in favor, motion carried. CENTENNIAL Councilman Gassman moved to accept the recommendation; seconded by Councilwoman Fallin. All in favor, motion carried. HOLY CROSS Assistant City Manager Mitchell said the alternatives are to negotiate with Holy Cross to change the franchise to indicate the city is not going to do any taking in the annexed areas and to see if the city can negotiate out of the clause regarding the deed on the Aspen Art Museum. Mitchell said the statute was passed in 1986 regarding any annexation after that. Mayor Stirling moved to direct the staff to negotiate with Holy Cross and not commit to anything until they get back to Council and try to resolve this as quickly and amicably as possible; seconded by Councilwoman Fallin. All in favor, motion carried. Meeting is continued to September 29, at 12:30 p.m. Council left Chambers at 9:30 p.m. Kathryn Koch, City Clerk 26 Regular Meeting Aspen City Council September 26, 1988 of separately on the plaza. Berhorst said their proposal is f or only 1 percent of the space in the parking f acility. Berhorst asked for Council support. This is a community effort. Chris Harrison, student body president, told Council the level of determination is high among the student to establish a recreation center. Harrison said the students would appreciate Council's support. Will Bailey, student, told Council the time is right. The students and community are into this project. Chuck Vidal, library board, told Council they have met with representatives of the teen center over the past year. Vidal said if the library board determine there is compatibility, they will work with the teen center. Vidal told Council the teen center committee is aware of their apprehensions. Mary Ellen Smiddy told Council the children have taken on a responsibility of addressing the real or perceived drug and alcohol abuse problems in the community. Ms. Smiddy said it would be a wonderful gesture from the Council to band behind the youth and to provide them with an alternative recreation loca- tion. Leslie Holst said he feels a youth center is essential. Holst suggested a new approach of giving this center to the teens and letting them run it. Skip Hamilton told Council the football and volleyball teams have chosen to be drug and alcohol free. Hamilton said the students are reaching and are expecting an answer. Hamilton said he likes the emphasis on the facility being centrally located. Hamilton encouraged whatever the community can do to make this teen center happen. Sandy Goldman supported the youth center at the Rio Grande facility. Ms. Goldman said this center is preventive medicine. The youth have taken a step. Karen Barnett, youth coordinator f rom ASAP, told Counci 1 the youth have collected about 500 signatures in support of the youth center. Ms. Barnett said all over the state Councils, communities and students are joining together to create youth centers. Ms. Barnett said the failures of the past were the youth have not been involved in running the teen center. Ms. Barnett told Council f or over a year the youth have shown their support and want to take the responsibility to see that this center runs and runs well. Don Lemos supports the youth center. Lemos said the Council has the opportunity to plan for the future. Jeffrey Evans said one issue is whether there is a need for this type of facility. Another issue is whether this is the appropriate site for that facility. Evans said this facility may only be used a week and will last between 6 months and a year. Evans said there needs to be a level of activity which encourages people to stay when they drop by to see what is going on. Evans suggested a commercial project which combines a coffee house and game room. 11 Reaular Meetina Aspen Citv Council September 26, 1988 Cindy Wilson, finance director, told Council the bonds will be sold between first and second readings of the ordinance. Ms. Wilson said the total amount may change but i s f ai r ly close . There is $10,000 included for issuance costs. The interest rates will be filled in before second reading. Ms. Wilson said these are improvement district bonds and are backed by the ability to lien the property on property taxes. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. GALENA DISTRICT CONDUIT REQUEST Jay Hammond, city engineer, said this relates to Council's approval to fund the placement of empty electric conduit in the south Galena, south Mill project. Hammond said the city ran conduit in the Mill street in order to anticipate future needs without having to tear the street up again. Hammond said he authorized the contract to proceed on that installation on a time and materials basis in the absence of a detailed spec or fixed bid price. Hammond said the project came in at $18,800 which is just over twice what was appropriated. Hammond told Council in the context of putting in conduit, this is 100 percent overrun; in the context of the total project it is about 2.5 of the total project. Hammond said he feels the city got a worthwhile project. Hammond requested Council appropriate additional funds from the electric fund to cover this. Clem Kopf told Council this project was his idea. Kopf told Council he inadequately supervised the project and takes respon- sibility for it. Kopf told Council he would be willing to waive his engineering fee on this. Councilman Gassman said this seems punitive. Mayor Stirling said he appreciates the candidness. Councilman Gassman moved to appropriate the additional $9700 from the electric fund to pay for the extra costs on the empty conduit; seconded by Councilman Tuite. Mayor Stirling said he would like to see some response to Clem's proposal. All in favor, with the exception of Mayor Stirling. Motion carried. EMPLOYEE HOUSING ENFORCEMENT PROGRAM Jim Adamski, housing office, said if Council wants to accelerate the enforcement program it will cost $9915. Assistant City Manager Mitchell recommended the f unding f or thi s should come from the cash-in-lieu. This will be generating employee housing 23