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HomeMy WebLinkAboutminutes.council.19890814Recrular Meeting Aspen City Council August 14, 1989 COMMENDATION RESOLUTION - Molly Campbell 1 PROCLAMATION - Bob Johnson Hockey Camp 1 ACKNOWLEDGEMENT - Eb Tacker 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 2 CONSENT AGENDA 6 RFTA SUPPLEMENTAL APPROPRIATION 6 ORDINANCE #38, SERIES OF 1989 - Correct Miszoning 6 ORDINANCE #40, SERIES OF 1989 - Rezoning Cap's 7 ORDINANCE #41, SERIES OF 1989 - Rezoning the Gant 7 ORDINANCE #42, SERIES OF 1989 - Vested Rights; Elmore 9 ORDINANCE #43, SERIES OF 1989 - Vested Rights; Volk 9 ORDINANCE #44, SERIES OF 1989 - Holy Cross Underground Easements 9 ORDINANCE #49, SERIES OF 1989 - Historic Designation 9 ORDINANCE #50, SERIES OF 1989 - Rezoning Holiday House 10 ORDINANCE #51, SERIES OF 1989 - Amending Duplex Require- ments 14 ORDINANCE #48, SERIES OF 1989 - Repealing R-15A Zone 17 MEADOWS PROPOSAL 17 AFFORDABLE HOUSING ZONE 19 PARKING STRUCTURE MODIFICATIONS 19 REQUEST FOR FUNDS - Aspen Bicycl e Festival 23 ORDINANCE #52, SERIES OF 1989 - Annexing 0015 Harbour Lane 23 EMPLOYEE HOUSING WATER TAP FEES 24 AMENDING DRUG AND ALCOHOL POLICY 24 26 Regular Meetina Aspen City Council Auqust 14, 1989 CITY SHOP REMOVAL OF ASBESTOS 24 27 Regular Meeting Aspen City Council August 14, 1989 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Crockett, Gassman, Peters and Tuite present. COMMENDATION RESOLUTION - Molly Campbell Alan Bush, Clean Air Advisory Board Member, presented a CAAB resolution expressing the gratitude of the Board for the efforts, work and assistance given by Molly Campbell to the citizens of Aspen. Mayor Stirling moved to adopt Council Resolution #28, 1989, commending Molly Campbell; seconded by Councilman Tuite. Molly Campbell said she feels air quality is a sensitive issue, which the community has to continue to work on. Ms. Campbell said the real commendation should go to Lee Cassin, the environmental health department and the Clean Air Advisory Board. All in favor, motion carried. PROCLAMATION - Bob Johnson Hockey Camp Mayor Stirling said Council declared Friday, August 11, Bob Johnson Hockey Camp day. Mayor Stirling said this is the 25th anniversary of the hockey camp. A lot of local people discovered Aspen through this hockey camp, which has 6,000 people go through it in the last 25 years. ACKNOWLEDGEMENT - Eb Tacker Mayor Stirling and Council acknowledged Eb Tacker who is retiring from the streets department after 33 years. Mayor Stirling said Tacker has been willing, flexible and an enthusiastic employee. CITIZEN COMMENTS 1. Hans Gramiger showed a map of Hopkins avenue and Seventh street. Gramiger said there was a shortage of the street on the south, and there have been several land trades for the street. Gramiger said proposed this land trade would be a safety improve- ment. Gramiger said the condition of a property owner to cooperate is that he gets the bike path on his side and Gramiger gets the street on his side. Gramiger presented a draft of a county resolution to accept a deed of conveyance of easements for Seventh street and to connect the Marolt bridge trail. Gramiger said he would like Council's direction to write to the county that there are no problems with this exchange; it is a public improvement. Councilman Crockett said Council is also discussing condemnation of a trail easement in this area. Deputy City Manager Ron Mitchell 1 Regular Meeting Aspen City Council August 14, 1989 said the Sheehan condemnation will be on the August 28th agenda with the pros and cons of proceeding or not. City Manager Bob Anderson said he does not think making this way more open would hurt the city's case in the trail alignment; there are different publics served for each alignment. Mayor Stirling moved to support this particular action regarding this particular exchange and that this be communicated to the county and that our attorney scrutinize what is going on and proceed with it unless there are any problems; seconded by Councilman Peters. All in favor, motion carried. 2. Mary Sue Kennington, Pitkin County extension agent, invited Council to the modified Pitkin County 4H and open class fair August 19th at the elementary school . The fair will be from 12:3 0 to 6 : 3 0 p.m. Ms. Kennington told Council they are targeting two markets; potential exhibitors and youth throughout the valley. Ms. Kennington requested Council appoint a judge for the dessert contest. Councilman Crockett nominated Mayor Stirling to be the judge; seconded by Councilman Tuite. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Peters said he is glad to see that the crosswalks have been painted. 2. Councilman Peters said he would like to give a pat on the back to Jim Gibbard, engineering department, and Tom Parry, building department, for their response to an electric trench that was open . 3. Councilman Peters thanked the engineering department for getting the electric wires down. The project looks great. 4. Councilman Peters reported that the steering committee on the Marolt project has arrived at a design for the units. This is scheduled for P & Z August 15 and Council August 28th for informa- tion on costs, funding, and a fast track process. 5. Councilman Crockett said he would like the staff to report on the local preference ordinance, an update on Castleridge, auto free day progress, and recycling within the city. Councilman Crockett said he would also like to know the status of work on priority housing for essential community volunteers or employees. 6. Councilman Crockett said he would like direction for Council on pursuing funding for some of the work the city is undertaking; what funding mechanisms would be available to the city for 2 Regular Meeting Aspen Citv Council August 14, 1989 projects. City Manager Bob Anderson said this is scheduled to be done during the budget process. 7. Councilman Crockett said there has been talk about a housing mortgage pool, and asked what the course to pursue that for affordable housing would be. Jim Adamski, housing office, said the real estate market is cyclical, and right now loans are available at 90, 85 percent. 8. Councilman Crockett said the planning staff is hamstrung on trying to get more staff and the increased work load. Councilman Crockett asked what Council or administration is doing to help this out. City Manager Bob Anderson said he has met with staff. The planning department is advertising for two additional people in the planning office. The budget has been completed. Anderson said staff had discussed the possibility of subcontracting some planning work out. Anderson told Council there is a meeting on Castleridge tomorrow. Anderson said staff has been in contact with the tenants of Castleridge. Anderson said he is exploring with the staff flex time to help the traffic and bus crowding. Anderson said he will have a report on the recycling efforts by the next Council meeting. 9. Councilman Tuite told Council he met with the County Commis- sioners on a proposed housing project by the sanitation plant. Councilman Tuite said this project has taken a long time because of survey problems and questions raised by the sanitation district. Councilman Tuite told Council this two acre site was almost lost because the county was willing to do a trade for a county main- tenance shop on the sanitation property. Councilman Tuite asked if the city would be willing to provide a space for the county maintenance shop in order to keep this affordable housing option open, which could hold up to 16 units. Deputy City Manager Ron Mitchell told Council the city has looked at a site for the county maintenance shop and the only location they came up with was the old impound lot. City Manager Bob Anderson said staff will reevaluate this. 10. Mayor Stirling thanked Mayor Pro Tem Michael Gassman for doing a great job while the Mayor was away. 11. Mayor Stirling asked the proposed dates for the hearing on the EIS for highway 82. Tom Baker, planning office, said he does not know the dates; however, the city has 90 days to comment once the report is released. 12. Mayor Stirling said several months ago the Council passed a resolution on global warming with items to be pursued. Mayor Stirling asked for a report on the status of the issues. 3 Regular Meeting Aspen City Council August 14, 1989 13. Mayor Stirling requested item VIII(g), Resolution on rocky Flats Closure be put off until August 28th. 14. Mayor Stirling said on an North street alley, the Council has received letters recommending this be opened and letters requesting it be kept closed. Mayor Stirling asked what action the staff is recommending. City Manager Bob Anderson said the staff is going to get the neighborhood together to work this through and come up with a recommendation. 15. Mayor Stirling asked that the Request for Waiver of Wheeler Surcharge be taken off the consent agenda. Councilman Gassman said Council waived the Wheeler fee at the July 24th meeting. Deputy City Manager Ron Mitchell said Council waived the Wheeler rental fee; there is also a surcharge for seats, which would require an additional waiver. If Council leaves this on the consent agenda, the surcharge will be waived. Mayor Stirling asked if there are guidelines if the Wheeler Board uses to make waivers of charges. If there are not guidelines, the Board could recommend some to Council to use in the future. 16. Mayor Stirling said he would agree to not waiving the banner fee for recycling. Mayor Stirling said he feels the city should step up the recycling effort on every front. Councilman Peters moved to waive the banner fee for Pitkin County recycling; seconded by Councilman Tuite. Mayor Stirling said the Council has never waived a banner fee and almost all the banners are from non-profit organizations. Councilman Peters said there is a great volunteer effort going into the recycling program, and it is not a reimbursable effort. The recycling effort is serving a basic public purpose, a purpose that perhaps should be borne by the city and county for waste manage- ment. Councilman Peters said he feels a public purpose is being served. Councilman Crockett said recycling is something the Council wants to actively encourage. Councilman Tuite suggested Council pay for the banner out of discretionary funds. Councilman Peters withdrew his motion. Councilman Peters moved to pay the banner fee for recycling out of discretionary funds; seconded by Councilman Tuite. All in favor, motion carried. 17. Mayor Stirling said Park City Council, resort association and Skiing Company representatives were in Aspen last weekend. Mayor Stirling said he and Councilman Peters met with them and shared and exchanged ideas and challenges. 4 Regular Meeting Aspen City Council August 14, 1989 18. City Manager Bob Anderson said the goals follow up session is scheduled for August 23 at 5:00 p.m. 19. Mayor Stirling said there is a proposed executive session scheduled for Tuesday, August 15th at 5:00 p.m. to hear a report from the city's special counsel, Susan Griffiths, on the Aspen Mountain Lodge (Hadid) lawsuits. Mayor Stirling said he would prefer this be held as an open discussion from 5 to 6:30 and have a work session at 6:30 p.m. with the non-profit groups on the Meadows. Councilman Peters urged that the meeting August 15th be an executive session. Councilman Peters said when an attorney advises a client, they invoke the attorney/client privilege and these things should remain confidential to protect the client against future litigation. Councilman Peters said he would prefer to only discuss the litigation at this meeting. Councilman Peters moved that Council go into executives session to review with special counsel, Susan Griffiths, report on the Hadid Aspen Mountain PUD lawsuits on Tuesday, August 15th at 5:00 p.m.; seconded by Councilman Crockett. Councilman Tuite asked if Council intends that part of the report will become public. Councilman Peters said he cannot respond until after the presentation. All in favor, with the exception of Mayor Stirling. Motion carried. Mayor Stirling moved to meet this week, Thursday, August 17 at 5:00 p.m. with the non-profits on the Aspen Meadows; seconded by Councilman Peters. All in favor, motion carried. 20. City Manager Bob Anderson brought up continuing the Meadows traffic study. Council suggested this be discussed as part of agenda item VIII(a). 21. City Manager Bob Anderson requested Council add the issues of asbestos at the city shop . Mayor Stirling moved to add this to the agenda as VIII(i); seconded by Councilman Gassman. All in favor, motion carried. Mayor Stirling moved to add to the end of the executive session a discussion with Bob Anderson about Council/city manager relation- ships; seconded by Councilman Peters. All in favor, motion carried. Councilman Crockett asked if the mountain bikers would rather use Wagner park than Iselin park. Councilman Crockett said he feels it would be a nice message to Crested Butte to let them use Wagner. Bill Efting, leisure services director, told Council there are 5 Regular Meeting Aspen City Council August 14, 1989 showers and bigger bathrooms at Iselin. They can also lock up their bikes in the tennis courts. CONSENT AGENDA Mayor Stirling moved to approve the consent agenda as amended; seconded by Councilman Gassman. The consent agenda is: A. Easement Aspen Consolidated Venture Corp. B. Vending Agreement - Rugby Club C. Aspen Mountain Tank Floor overlay - Contract Award D. Minutes - July 24, 1989 E. Special Event Permit - St. Mary's; Mother Lode Volleyball F. Liquor License Renewals - Cache Cache, Log Cabin, Mezzaluna, Grand Aspen, Meadows, Smuggler Land Office, Your Pizza Run G. Approval of Contractor for Highway 82 Bike Lane (Elyse) H. Contract Award - Ute Avenue drainage (Chuck Roth) I. Request Waiver of Wheeler Surcharge All in favor, motion carried. RFTA SUPPLEMENTAL APPROPRIATION Bruce Abel, RFTA, told Council this budget amendment is to deal with two items. One is to appropriate funds for the acquisition of two additional vans to increase the van pool program. Abel said they had 3 vans in the van service; acquired two more vans and because of the interest in the program need to acquire two more vans. RFTA has had a number of discussions on an marketing and planning person to work with employers and public to expand the van pool program, take an active stance on car pooling, marketing RFTA services, and work on planning issues, like using the Rio Grande right of way. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters said this is the way Council has wanted to go, more vans and coordination. Councilman Tuite moved to approve RFTA resolution 89-8; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #38, SERIES OF 1989 - Correct Miszoning Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Mayor Stirling said this was a clerical error on the city's part in misidentifying some lots and blocks. 6 Regular Meeting Aspen City Council August 14, 1989 Councilman Tuite moved to adopt Ordinance #38, Series of 1989, on second reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Peters, yes; Crockett, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #40, SERIES OF 1989 - Rezoning Cap's Mayor Stirling opened the public hearing. Tom Baker, planning office, said this is the final step in the Cap's land exchange and will be zoned from office to public SPA. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #40, Series of 1989, on second reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Crockett, yes; Tuite, yes; Gassman, yes; Peters, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #41, SERIES OF 1989 - Rezoning the Gant Alan Richman, planning office, told Council the Gant is a non- conforming use in the R-15/PUD zone. The homeowners have submitted a privately initiated rezoning application to the city. Richman said the homeowners are interested in removing the stigma of non- conformity to the property, and they have some minor improvements they would like to make to the property. Richman said the request for improvements is to expand the office for 820 square feet and to reconfigure the arrival area outside the office. Richman said a non-conforming use cannot be expanded by square footage at all. Richman said the rezoning application outlines 5 different alternatives which would respond to the applicant's needs. Richman said staff is recommending two of these. One is to add an L overlay to the property. The L overlay is a mechanism which designates lodges as a conditional use in the R-15 zone. Richman said putting the L overlay on will not remove the non-conformity but will change it from a non-conforming use to a non-conforming structure. Richman said staff did not recommend making substantial revisions to the L overlay, which would have removed the non- conforming structure stigma as other R-15 properties would have received major windfalls from this. Richman said this action still did not allow for the minor expansion of the office. Richman said staff created an alterna- tive, which is a minor amendment to the residential and lodge preservation clause of the code. This clause currently prevents any expansion of hotels and lodges that are non-conforming. Richman said staff felt it would be reasonable to allow minor expansions as another incentive to preserve existing tourist accommodation facilities. Richman said staff and P & Z are recommending to be eligible for this expansion, the FAR has to be 7 Regular Meetina Aspen City Council Auqust 14, 1989 less than 1:1, and the maximum extent of the expansion can be 10 percent of existing floor area or 2500 square feet, whichever is less. Richman said this is not to allow substantial growth but to allow facilities to stay competitive. Richman said the addition cannot be additional rooms. P & Z felt positive about this application and granted the applicant special review approval in order to effect this expansion, if Council approves the code amendment. Nick McGrath, representing the applicant, showed Council the existing entrance to the Gant off West End street. The Gant vans have to back out, which causes a safety problem. McGrath said they plan to expand the area to allow the vans to~turn around. The parking spaces will be moved elsewhere on the property. McGrath showed the areas of expansion, which will be an office expansion and upgrading the entrance. These two expansions total 820 square feet. McGrath said part of the proposed expansion is under roof and may have already been counted in FAR. McGrath said the 5 conditions in the planning office memorandum are all acceptable to the applicants. McGrath introduced letters of support from Cathy and Tom Crum, Ute avenue; Barry Lefkowitz, adjacent property owner, Shane McClain, adjacent property owner, and Betty Farson who talks about the need for this type of improvement. McGrath said facilities like the Gant need to remain competitive with other hotels. McGrath said this is a mixed use area. McGrath said the applicants cannot see any adverse effects on the neighborhood. Mayor Stirling opened the public hearing. Molly Campbell, Gant, said the safety issue is a large concern to the Gant. The expansion will allow the staff to operate more efficiently. Spence Videon, ARA, said this expansion will not bring more people to town but will better serve the guests that are coming to the Gant. Mayor Stirling closed the public hearing. Councilman Peters asked if this office space will be converted into employee housing or to more rooms. McGrath said this will not be converted to a free market unit but may be converted to employee housing. Ms. Campbell told Council the homeowners asked the Gant to explore a Ute avenue entry way, which is not something the city or neighbors favor. This would have allowed conversion of space where the present office is. McGrath said that request has been abandoned and will do so in writing if Council wishes. Richman said this regulation does not permit a new free market unit to be created nor an existing one to be expanded. Councilman Peters said he supports removing the stigma of non-conformity; however, to increase the FAR seems to be inappropriate for the Gant. 8 Regular Meeting Aspen City Council August 14, 1989 Councilman Tuite moved to adopt Ordinance #41, Series of 1989, on second reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Crockett, yes; Gassman, yes; Peters, no; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #42, SERIES OF 1989 - Vested Rights; Elmore Leslie Lamont, planning office, reminded Council they approved the lot split June 26th; this is the second reading of vested rights. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #42, Series of 1989, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Gassman, yes; Peters, yes; Tuite, yes; Crockett, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #43, SERIES OF 1989 - Vested Rights; Volk Leslie Lamont, planning office, reminded Council they approved the lot split for this property June 26th; this is the second reading of vested rights. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #43, Series of 1989, on second reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Tuite, yes; Crockett, yes; Gassman, yes; Peters, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #44, SERIES OF 1989 - Holy Cross Underground Easements Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Crockett moved to adopt Ordinance #44, Series of 1989, on second reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Crockett, yes; Peters, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #49, SERIES OF 1989 - Historic Designation Roxanne Eflin, planning office, said these designations are two residential and one commercial, the Elks building, which is eligible for national designation. Ms. Eflin told Council the two residential units are rated 3 on the historic inventory and are both requesting the $2,000 historic grant. These would be the 3rd 9 Regular Meetinct Aspen City Council August 14, 1989 and 4th grant this year. Ms. Eflin told Council the grants are appropriate and recommended Council approve these. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #49, Series of 1989, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Peters, yes; Gassman, yes; tuite, yes; Crockett, yes; Mayor Stirling, yes. Motion carried. Councilman Gassman moved to approve a $2 , 000 historic grant for 4 3 0 West Main and 406 West Smuggler; seconded by Councilman Tuite. All in favor, motion carried. Councilman Gassman complemented Roxanne Eflin for the state preservation workshop held in Aspen in July. ORDINANCE #50, SERIES OF 1989 - Rezoning Holiday House Francis Krizmanich, planning office, said this is rezoning as well as combined conceptual and final plat review. Krizmanich said these actions are to allow the Aspen Skiing Company to construct 9 new employee units at the Holiday House, which current has 26 units. Krizmanich told Council the housing authority reviewed the applicant's proposal August 9th to deed restrict 4 units to low income and 5 to moderate income guidelines. The housing authority recommended these units be restricted to those guidelines. Krizmanich said the first request is to exempt these affordable housing units from the GMP. Staff agrees with the request to exempt these from the GMP as they meet the guidelines for affor- dable housing. Krizmanich said staff has discussed the larger issue of employees' units being tied to their jobs. Krizmanich pointed out these units will have 6 month rental restriction leases. Krizmanich said the housing authority will hold the deed restrictions, which will give them the ability to go in if persons are not renting the units under the guidelines. Krizmanich said another request is whether GMP credits for future development should be granted for employee housing projects that are con- structed now. Krizmanich said he feels it is counter productive to encourage people to provide employee housing now that will later be used to support additional growth and development. Krizmanich recommended not to give GMP credits for employee housing that is constructed under the GMP exemption process. The housing authority agreed with this. Krizmanich said the entire Holiday House should be deed restricted to 100 percent employee housing. Krizmanich said 17 units at the Holiday house were restricted as part of the Little Nell project; 10 Regular Meeting Aspen City Council August 14, 1989 5 were previously deed restricted, which leaves 4 units not restricted. Phil Byrne, Aspen Skiing company, said the applicants agree with the housing office as to which units have already been deed restricted. Byrne said there is only one unit not accounted for in previous agreements. Byrne said they are willing to deed restrict that one unit but not at any particular income level. Krizmanich said the rezoning request is to go from LP designation to RMF. Krizmanich said the applicant has met the requirements for a code amendment. The only outstanding issue is the open space requirements. This project is 11 percent short of the 35 percent open space requirement. Krizmanich said some of the open space is not visible from the street. Staff proposed a code amendment to allow open space requirements to be set by special review. However, there are numerous code amendments being worked on currently, and staff is recommending this project be done as a PUD as part of the zoning and that the open space be varied through the PUD . Krizmanich said the fourth request is a minor amendment to the Little Nell SPA agreement, which was to delete the requirement for a swimming pool. Krizmanich told Council the applicant has had maintenance problems with the current swimming pool. The new units are to sit where the existing pool is. Krizmanich said P & Z reached an agreement that the applicants provide on on-site pocket park and bicycle racks in exchange for the loss of the pool on site. Krizmanich told Council P & Z approved special review for off site parking reduction, which gives the applicant the choice of making a payment-in-lieu for parking or designating 9 parking spaces off site. Krizmanich said subdivision approval is also required because multi-family projects are included within the definition of subdivision. The application has dealt with the technical platting requirements and a final plat will have to be submitted. The applicant has requested a waiver of city fees. Krizmanich told Council the code automatically waives building permit and planning office fees . Krizmanich said the code allows Council to waive park development impact fees for affordable housing projects, which staff recommends to be waived. Krizmanich said the outstanding fee is the water tap fees. Krizmanich recommended approval of the project with the 11 conditions outlined. Byrne told Council the applicants requested their application be amended from low/moderate to a designation that falls slightly above moderate. Byrne said when the applicants ran the financials for this project, they realized that at $450 per month, without the tap fees being waived, they are looking at an annual deficit. Byrne said this application for 9 more units is not required by any land use agreement. Byrne said the housing authority did not 11 Regular Meetina .Aspen City Council August 14, 1989 approve their request for a different rent structure. Byrne said Council can waive the guidelines for square footage restriction on a project that is 100 percent affordable housing. Byrne said the having the tap fees waived is a savings of $292 per unit per year. Councilman Tuite asked if the applicants will get a water credit for eliminating the pool. Byrne said this has not been addressed. Mayor Stirling opened the public hearing. Fred Smith, Aspen Skiing Company, said the Skiing Company is willing to provide 9 units and to deed restrict them. There is no commercial project being carried with this. Smith said they feel the rents they will charge are well within the affordability ranges of year round employees. Richard Roth said he would like to see the rentals stay at the original proposal of low income. Rachel Richards said the logic of the housing authority of denying the rent increase is not being represented at the Council meeting. Bill Wilhoit said he would like to see the rents stay at the original proposal. Mayor Stirling closed the public hearing. Councilman Peters said he agrees with not giving future credits for this project. Councilman Peters said he would rather not see this project underwrite future development. Councilman Peters said $450 per unit is more than was originally proposed; however, there is a chance the project won't get built if the rents are not sup- ported. Councilman Peters said he does not feel this is an argument for allowing the $450 to be indexed with all other rents. Councilman Peters said he would rather see the rents kept flat and attenuate the rents with incremental costs and operating costs, not management, until it intersects the original proposal. Councilman Peters said he would be willing to waive the park dedication fee. Councilman Peters said he would not be willing to waive the tap fees. Council has discussed being able to connect the tap fee savings directly to the rent savings. Councilman Peters said Council does not have control over the rents in this project. Councilman Peters encouraged the applicant to have a no car provision in their leases. Councilman Peters said he likes the six month lease provision. Councilman Peters said the applicant might consider season passes to the covered Moore pool. Byrne said the applicants started with the idea of a break even project. They were not successful in doing that and are already subsidizing this project. Councilman Tuite said he likes the idea of getting 9 units into the inventory. Councilman Tuite said he could go along with the proposed rent structure as long as there are no GMP credits. Councilman Tuite said if the city is encourag- ing rental affordable housing, then they should be waiving tap 12 Regular Meeting Aspen City Council August 14, 1989 fees. Councilman Tuite said if the city does adopt this policy, he would be willing to give them credit later on. Councilman Gassman told Council one of the reasons the housing authority did not approve changing the rents is because they did not feel they have all the information. Councilman Gassman said this is a privately initiated affordable housing, not asking for public subsidy. Councilman Gassman said it is unreasonable to expect private developers to develop housing if the city is too unreasonable. Councilman Gassman said he would agree to allow the rents to be $450. Councilman Gassman said he would prefer to discuss waiving the tap fees in the tap fee policy discussion. Councilman Crockett commended the Skiing Company for coming forward with this project. Councilman Crockett said he does not want to jeopardize this project. Councilman Crockett asked if the applicant will give priority to non-automobile owners, in-house recycling projects, water conservation devices, and air quality considerations. Councilman Tuite moved to adopt Ordinance #50, Series of 1989, on second reading; seconded by Councilman Crockett. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Crockett, yes; Peters, yes; Mayor Stirling, yes. Motion carried. Councilman Gassman moved to approve the GMP exemption but without credits for future years; seconded by Councilman Tuite. Byrne said if the city does not want to use these for future credits, the city may be restricting themselves into the oppor- tunity to have these units eventually be indexed back at low or low moderate range. Councilman Tuite said for any future growth, the applicant would still have to address low or moderate housing and provide it. All in favor, motion carried. Krizmanich said the applicant was requesting a code amendment to allow open space be set by special review. The staff suggested PUD instead of a code amendment, which was covered by the rezoning. Councilman Gassman moved to accept the open space as proposed; seconded by Councilman Crockett. All in favor, motion carried. Councilman Peters moved to waive the park development impact fee, the building permit fees, with the exception of water and sewer tap fees for this project; seconded by Councilman Gassman. Councilman Gassman said Council should make it explicit they will entertain an application for waiver of tap fees depending on the policy they come up with. Councilman Crockett asked about 13 Regular Meetinct Aspen City Council August 14, 1989 including specifics on water conservation in the units. Council included these in the motion. All in favor, motion carried. Councilman Tuite said condition #2 should be changed if the units are allowed to go to moderate. Byrne said the maximum they can charge under moderate is $.89 per square foot, and they are proposing charging at least $.94 in order to break even. Councilman Gassman moved to allow the project to charge $450 per month rental until such time at the moderate income guidelines of the housing authority equals $450 per month for this size unit, at which time it will conform to the moderate guidelines; seconded by Councilman Crockett. All in favor, motion carried. Mayor Stirling asked if this project will be displacing trees. Byrne said they went out of their way to keep the trees and to add some on the front of the property. Councilman Crockett moved to strongly encourage air quality, recycling participation, and auto disincentives in this project; seconded by Mayor Stirling. All in favor, motion carried. Councilman Crockett moved to pass all the conditions 1 through 12; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #51, SERIES OF 1989 - Amending Duplex Requirements Alan Richman, planning department, said the city has been trying to deal with the displacement of resident housing and ways to reintroduce affordable housing to the community. Richman said the growth management system currently has an exemption for duplexes in it. Richman said staff was looking at that exemption to see if there might be ways to create affordable housing out of duplexes. Council enacted an administrative delay on the demolition of duplexes and multi-family dwelling units. Richman said this ordinance has 3 options for newly built duplexes or demolition and reconstructed duplexes. Richman passed out a chart showing the 3 options currently available in the ordinance and possible variations. The first option is one-third of the duplex restricted to middle income affordable housing and two-thirds could be free market. Option 2 is two free market units with two accessory dwelling units of 300 square feet each. Option 3 would be a duplex with both units resident occupied, not price or income restricted but restricted to someone who lives and works here. Richman said at the last public hearing there was a lot of input from people who felt that 14 Reqular Meeting Aspen City Council August 14, 1989 option 2 would create too much density and would introduce more transient type of employees into fairly traditional neighborhoods. Richman said the variations are option 1 would be the same, eliminate option 2 with two accessory dwelling units. Neighbor- hoods are reacting most strongly against option 2. Richman said he feels option 2 does the worst job in providing affordable housing in terms of the quality produced, and the amount of area produced for the employee. Option 2A would be two resident occupied units and one free market unit, splitting the area in half. Richman said he feels this is a good option for the community and for the landowner. Option 3A would be half free market and half resident occupied unit, and would be less restric- tive to the property owner. Richman said he feels the community should be encouraging duplexes under these options. Richman said option 2A brings up the density question. There will be 3 full time occupied units on a lot rather than 2. Richman pointed out there is no growth management method to create this option; there is no exemption for resident occupied units. Richman said option 2A might be too big of a leap right now, but it is an interesting idea. Mayor Stirling opened the public hearing. Harold Whitcomb, 30 year resident, told Council he and his family own land throughout the community. Whitcomb said he has seen a movement away from this community because people have lost the ability to speak for their property in this town and a loss of privacy. People are disenchanted and disenfranchised. Whitcomb said he has supplied cheap rent to locals in his apartment since 1968. Whitcomb said they would like to tear this building down and replace with two duplexes. Whitcomb said now he would have to supply housing for employees for the town's problem. Whitcomb said he did not create the employee problem in this town. Whitcomb said this proposed ordinance is unfair and inequitable. Whitcomb recommended the city try and solve the housing problem without penalizing the long time family owner. Whitcomb said the Council should build affordable housing. Polly Whitcomb said there has been a proliferation of affordable housing in the east end of town with poor planning. Ms. Whitcomb said now the Council is telling people what they can and cannot do with their property. Marty Sterling said if this ordinance is approved, the density in the east end will be unbearable. Diedre Morgan said this kind of ordinance does affect the marketability of one's house, especially in the east end. Ms. Morgan said Council always seems to be restricting the landowners. Council should also be restricting the restaurants and shops in a ceiling what they can make on their goods. 15 Regular Meeting Aspen City Council August 14, 1989 Neil Bennett said he is concerned about the density implications. Chuck Vidal recommended this ordinance be put on the back burner. Vidal said there are a lot of implications in this ordinance. Vidal said the city has a number of projects in the works right now and should wait to see the effect of these programs. Dick Butera said he feels this is social tinkering. Butera said every week the Council is considering amendments to the land use code. Butera said this ordinance is not going to produce employee housing units. Butera said the city should put multi-family solutions where they belong. Fred Peirce said the Council has been hearing for two months that there are a lot of potential problems in this ordinance. Peirce said this ordinance affects the locals and residents who have lived and worked here for a long time. The intent of the ordinance was to impact the speculative developer. It goes beyond that and hits residents and workers. Peirce said the density issue is a serious one. Peirce said duplexes that have been rented a below market rates and need to be demolished and rebuilt, the owners should not be penalized. Dieter Bibbig said the government should not be in the business of housing employees. This should be done by the businesses. Richard Roth said this is a community problem for everybody. The goal in this is to keep buildings that are affordable from being totally demolished, keeping the inventory, and keeping it dispersed throughout the community. Rick Knezevich said there is a lot of anger coming from the community. This ordinance is tinkering with one small segment of the community and laying the burden on that segment. If this is a community problem, it should be solved by the community as a whole. Knezevich said by this constant tinkering, no one has any vested rights. Gene Hyder urged Council to exempt duplexes and put the problem back on multi-family situations and areas that are more suitable for density. Councilman Crockett said he has made a commitment to do affordable housing in every place he can. Councilman Crockett said this ordinance is not an attempt to single out any place; every aspect of this community will have to contribute to solving the community problem. Councilman Peters said this ordinance is an attempt to keep neighborhoods from disappearing. Neighborhoods are being ravaged by speculative development. Councilman Peters said the issue is separating speculative demolition from demolition by long time residents for their own personal needs, and this ordinance has not gotten that far. Councilman Peters said the plan won't do much unless Council also addresses single family development. Mayor Stirling said this ordinance does have some aspects of inequitability. Mayor Stirling said the city wants to create 16 Regular Meeting Aspen City Council August 14, 1989 housing inventory. Mayor Stirling said he does not know if this ordinance will create that affordable housing inventory. Mayor Stirling said if Council lays this problem all on the back of commercial development, this may force up the rents so there are no essential community services left. Councilman Crockett said the only thing he heard that has not been addressed with the planning office options is a structure that is in need of demolition and rebuilding. Councilman Crockett said he is not willing to put this issue on the back burner. Councilman Peters said this ordinance has sparked debates that may help find a solution to this problem. Councilman Peters said there is some way to go towards equitability in this ordinance. Mayor Stirling moved to continue the public hearing on Ordinance #51, Series of 1989, to September 11; seconded by Councilman Gassman. Council was in favor of keeping option 1 in the ordinance; Council was not in favor of keeping option 2 in the ordinance. Mayor Stirling was opposed to option 3; everyone else in favor. Council agreed to keep option 3A in. Council agreed to keep option 2A in the ordinance; Mayor Stirling and Councilman Gassman opposed. Council scheduled a work session on September 5, 1989, to go over this ordinance. ORDINANCE #48, SERIES OF 1989 - Repealing R-15A Zone Mayor Stirling moved to continue the public hearing to September 11, 1989; seconded by Councilman Gassman. All in favor, motion carried. Mayor Stirling moved to suspend the rules and continue the meeting until 9:45 p.m.; seconded by Councilman Peters. All in favor, motion carried. MEADOWS PROPOSAL Mayor Stirling said there was a request in June to zone the Meadows property to use. Council has scheduled a continued meeting to Thursday, August 17, to 5 p.m. There was a work session August 7 with Council to review the Meadows SPA proposal. Mayor Stirling acknowledged the enormous effort made by the non-profit groups. Mayor Stirling said these groups have worked for 14 months, and this should not be dissolved. Mayor Stirling proposed an agenda for the August 17th meeting. The first item should be whether rezoning happens now or after the planning. The second issue is to address what the master planning process will be, how it will work, how it fits with the city's 17 Regular Meeting Aspen City Council August 14, 1989 process, how much work already done by the consortium can be used, what variation on the existing plan could still make the SPA process continue, what the timing is, what are the legal ramifica- tions, what is the role of the P & Z, how will the planning process be constituted. Councilman Gassman said the zoning needs to take place after the city comes up with a master plan. Councilman Gassman proposed the city hire a planner to do the master plan for the Meadows. Councilman Gassman said the planning office is currently over- loaded. Councilman Gassman said this is a finite proposal on which a lot of work has already been done. Councilman Gassman said he feels it is entirely appropriate for the city to spend money to hire someone to do a master plan from a public point of view. Councilman Gassman said it is important for the city to not be negative and to build on what has already been done quickly. Councilman Gassman suggested the city also look at retaining some financial planner to evaluate all the options that may exist for either the city, the non-profits, or a trust to acquire the property. Councilman Peters said Council made it clear at the August 7th meeting that it is not their intention to freeze the Meadows in place, that they wanted to~master plan the process and that they wanted input into this process. Councilman Peters said he would like to be involved in the master planning of the program and to look at the data which drives the master plan. Councilman Crockett said he is interested in hearing the needs and goals of the non- profit groups. Councilman Crockett said the Council should also develop broad parameters of what it is willing to tolerate on the property. Councilman Tuite said he would like to know what costs are of what the consortium had hoped to do. Mayor Stirling said he would like to add the issue of the traffic study to the agenda. Mayor Stirling said the idea of appraising the properties should also be on the agenda. David McLaughlin, Aspen Institute, said the non-profits are very much concerned about the time table, and he would like the time table added to the agenda. McLaughlin said this has not only to do with the condition of the facilities but the institutions themselves to carry forward. Jeremy Bernstein, Physics Institute, said there is no alternative to this process other than complete stasis. Bernstein said the Physics Institute is prepared to do their best. Hans Gramiger said if Hadid came up with a break even figure that he consented to with the consortium, the city should be privileged to have that number. Mayor Stirling moved to continue the meeting to Thursday, August 17, at 5:00 p.m.; seconded by Councilman Gassman. 18 Regular Meeting Aspen City Council August 14, 1989 Mayor Stirling requested as much summary information from the four users before the August 17th meeting. All in favor, motion carried. AFFORDABLE HOUSING ZONE Tom Baker, planning office, told Council P & Z has been working on the affordable housing zone and the overlay. Baker said staff is waiting for an analysis on the overlay from Glenn Horn and Chuck Vidal. Baker said the affordable housing zone is a mix of free market and deed restricted units. The proposed mix is 20 percent free market, 20 percent middle and resident occupied, and 60 percent low and moderate units. Baker told Council P & Z is uncomfortable with such a rigid formula. Baker said staff and P & Z is looking at different ways to be able to update this formula. Baker said it has become clear that the city will need a GMQS exemption for this zone district for both the resident occupied and free market units. Baker recommended the city go ahead with the zone district and wait on the overlay until there is more informa- tion. Councilman Peters asked if there is a way to earmark some of the present quota towards the free market units. Baker said anything that is exempted gets taken out of the quota. Councilman Gassman asked what would happen if there were competing affordable housing projects but have enough quota so this is not restricted. Baker said the annual competition date would restrict the flexibil- ity that Council is requesting; however, there are impacts to housing, whether it is affordable or not. Baker said he would like to discuss this further with staff and the consultants. Mayor Stirling said September 12 is the end of the administrative delay and Council needs to make some decisions about how they are going to proceed. Councilman Peters said he feels this is going in the right direction. Councilman Peters said Council needs to come up with some mechanism to help select the projects that will come to the city. Councilman Peters said he would like to create a fertile ground for affordable housing projects in terms of zoning and density and then have another way to sift through them. Council requested this come back to them September 11th. PARKING STRUCTURE MODIFICATIONS Steve Newman, RNL, reminded Council the design team has pursued dual track approaches of looking at two different redesign options for the garage. These options were deleting a portion of the lower level of the garage, and analyzing the impacts of going with the existing design. Newman said the studies have shown this came in 19 Rectular Meeting Aspen City Council August 14, 1989 at the lower end of the 5 to 15,000 gallons per minute range. Newman said because of the size of the dewatering system, the depth and length of the dewatering discharge pipe, going with the existing design will cost $1,400,000 extra, which is a conceptual cost estimate. The impacts of this would move back the completion of the garage to September 1990, with 420 parking spaces. Newman told Council they broke the second alternative into two sub- alternatives. Newman told Council in deleting the lower levels, PCL's costs are based on completed construction documents, which have been submitted to the building department for their review. PCL has given a guaranteed maximum price. Newman said he will look at the break down of the costs this week, and there may be some ways to save additional money over these costs. One alternative is an unaccelerated schedule and costs $555,000 and deleting 50 parking spaces. This will get the garage completed July 1990 for 370 parking spaces. The other alternative is an accelerated construction schedule, which would be an additional $70,000 for a total of $625,000 which would allow the garage to be opened February 15th, operated until April 15th, closed and reopened June 15th with total completion July 15th. Newman said Spring street realignment would cost an additional $250,000 and gain 50 parking spaces. Don Ganser, Chen, told Council the objective of their study was to estimate ground water flows both for the dewatering system and for the underdrain system for the final garage, both for the original design and for the revised proposal. Ganser told Council they installed 5 additional observation wells. They did some hydraulic conductivity testing. Using this information, they made some calculations on what the estimated in flows would be. The results of the hydraulic conductivity testing range from 18 to 125 feet per day. The lower end of this range is what is typically expected in Aspen; the higher end of the range is peculiar for Aspen and for the alluvial terrace the project sits on. Ganser told Council their estimates were made on the average to high end of the permeability ranges. Using these figures, Chen came up with the existing design numbers for construction dewater- ing of 3100 gallons per minute; the underdrain system should produce 2500 to 3,000 gallons per minute, and more under unusual climatic conditions. Ganser told Council this is why they are talking about a design capacity of 5,000 gallons per minutes. The revised design construction dewatering 1500 gallons per minutes; underdrain design 1300 to 2100 gallons per minute with factors of safety, the design capacity for the revised structure should be 3,000 per minute. Ganser said he met with Tom Cardamone of A.C.E.S and toured Hallam Lake. Ganser said he feels the pumping at the site will not affect the lake. The maximum cone of depression is 20 Regular Meeting Aspen City Council August 14, 1989 delineated on figure 1, and Hallam Lake is outside that area of impact. Ganser said he does not expect any significant reduction in ground water and spring flow into Hallam Lake. Newman reminded Council they asked the design team to look at ways to engineer a solution for the excess water. Newman said one alternative would a portion of this water to irrigate the garage project. This would involve a small sump pump added to the design, which would charge the parking structure's own irrigation system. This could be done for $6,000 to $8,000. Newman said if the city wants to use the entire volume of water, it would need to take a manhole and turn it into a lift station, put a large sump pump to lift this out of the ground. Newman said the water is being discharged so low below the surface, it is hard to get it back to surface elevation. Newman said this alternative would be about $15,000 to $20,000 and would give the city the opportunity to use all the water and the city could irrigate about 150 acres. Newman said there is no distribution system for this use currently. Deputy City Manager Ron Mitchell told Council another potential that could be analyzed is installing a hydro facility toward the Roaring Fork, which would generate electricity. Mayor Stirling moved to suspend the rules and meet to 10:10 p.m.; seconded by Councilman Crockett. All in favor, motion carried. Jim Brown, PCL, passed out conceptual cost figures for the redesign alternatives. Brown said construction dewatering at site, modify the permanent dewater system, the physical deletion of level 1, and delay costs and costs to perform work in the winter time is $550,000 or $625,000 for acceleration costs. Councilman Gassman said on both design scenarios, the cost per space is $20,000; however, when 50 spaces are removed, only $1500 per space is saved. Brown said with the status of the precast fabrication and the deletion of the 15, 000 square feet, they are not able to delete the support structure. Brown said with the excavation at the point it is, they are not able to delete as much wall as one might if the excavation was not at this point. Brown said some things in the design are not affected by the redesign, like the retail space, and the landscaping. City Manager Bob Anderson said he has made this point with the design team, and staff needs to sit down and discuss these numbers point by point. Anderson suggested involving Councilmembers Gassman and Peters to go over these numbers. Newman said the design team can analyze these options from a cost and schedule standpoint. The design team cannot assign a value to the 50 cars that are being deleted. Newman said the design team's recommendation is to go with deleting the lower level. From a schedule and cost point, this is less expensive and will get the operation open sooner. Newman said they also have to look at public safety. Newman said having the lower level 15 feet into a 21 Recrular Meeting Aspen City Council Auctust 14, 1989 5,000 gallon per minute water flow, the downside risk of flooding the lower level or causing structural damages is too much risk for the city. Newman said if the city were to go with the accelerated program, there would still be a deep hole around the garage, which would also be a risk. Councilman Peters asked what deleting the level and cutting back on the amount of water being pumped cut back on the subsidence question. Ganser said that would reduce by half a risk that is very, very small. Mitchell told Council the city has applied for a permit for temporary dewatering, and will get that translated into a permanent dewatering permit. Mitchell said the city will apply for use of the water, if Council directs. Mitchell said if the Council goes for the accelerated option, this will use up all the contingency. Mitchell said the long range projections without the 50 spaces still build up a fund balance to take care of the parking structure. Councilman Peters moved to direct the contractor to proceed on cost basis number 2 based on $555,000 guaranteed maximum with $69,000 to accelerate the project for a total of $625,000 as a guaranteed maximum, and that the city look into hiring a professional heavy construction manager to oversee all change orders, deletions, additions to the contract; seconded by Councilman Tuite. Anderson said the city is paying RNL $70,000 over and above design fees for construction management services. Anderson told Council staff did some investigation on professional construction manager costs. Anderson said the city can hire someone on the city's staff, which may save some costs; the city can contract with someone, or the city can ask the current design team to restructure and come up with someone on their team. Councilmembers Peters and Crockett said they will work on this for the next meeting. Newman said the successful completion of this project is the primary goal of the design team. Newman said they will be happy to discuss restructuring the management of this project. All in favor, with the exception of Councilman Gassman. Motion carried. Charlie Tarver said he does not feel the city should be the only entity paying for this. The city should look at the accountability of the design team. Anderson said the staff is looking into this. Mayor Stirling moved to suspend the rules and meet 10 more minutes ; seconded by Councilman Crockett. All in favor, with the exception of Councilman Gassman. Motion carried. 22 Regular Meeting Aspen City Council August 14, 1989 REQUEST FOR FUNDS - Aspen Bicycle Festival Mayor Stirling said this decision will have to be made during the budget hearings and this should be scheduled for those hearings. Charlie Tarver said he feels the more time an event has to be planned, the better. He is in front of Council a year before the event. Tarver said he has asked Council individually if they are willing to have a bicycle event in town. Mayor Stirling moved to support the concept of the Aspen bicycle festival for 1990 for Labor day weekend and commit to funding in one way or another up to $13,000; seconded by Councilman Tuite. Councilman Crockett said he cannot support this. Councilman Crockett said there are enough people in Aspen right now in every form of recreation, and he cannot see spending taxpayers' dollars to attract more people. Councilman Crockett said he cannot fathom why the city would want to attract more people to town. Councilman Crockett said he would like to stem the encroachment of events into the off season. Tarver said this is not a new tax or new event. This would bring a bicycle event for about one-third what the city supported the Coors bicycle race. Tarver said one thing synonymous with Aspen is that it does have quality sports events. Tarver said bicycling and bicycling racing is the number one attraction of tourists and residents as well. Councilman Gassman agreed with Crockett. Councilman Gassman said bicycling got very popular without any public subsidy. Tarver said this bicycle race is for the people of Aspen. All in favor, with the exception of Councilmembers Gassman and Crockett. Motion carried. ORDINANCE #52, SERIES OF 1989 - Annexing 0015 Harbour Lane Councilman Crockett moved to read Ordinance #52, Series of 1989; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #52 (Series of 1989) AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF ASPEN, AS REFERRED TO AND DESCRIBED IN THAT PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN CERTIFIED BY THE CITY CLERK ON NOVEMBER 29, 1988, COMMONLY KNOWN AS "0015 HARBOUR LANE" was read by the city clerk Councilman Gassman moved to adopt Ordinance #52, Series of 1989, on first reading; seconded by Councilman Peters. Roll call vote; 23 Rectular Meetinct Asuen Citv Council August 14, 1989 Councilmembers Gassman, yes; Tuite, yes; Crockett, yes; Peters, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling moved to suspend the rules and continue meeting for 10 more minutes; seconded by Councilman Crockett. All in favor, motion carried. EMPLOYEE HOUSING WATER TAP FEES Deputy City Manager Ron Mitchell told Council if they want to waive all the 100 percent employee project tap fees for this year, this will have not a significant detrimental impact on the water fund. Mitchell recommended Council look at this every year and during the budget process set a limit of how much will be approved for that year. Mitchell said the $384,000 includes six projects. Council- man Tuite said any time the city waives the tap fees, the projects should have to install conservation devices. Councilman Tuite said he would like staff to look at increasing tap fees. Councilman Gassman agreed this should be looked at on an annual basis but this should not get into competing proposals. The Council should have guidelines or policies. Mitchell said the current ordinance allows Council to waive tap fees on individual projects as they request. Councilman Peters moved to waive the tap fees for Truscott place, Hunter Longhouse, the assisted living facility and the employee housing at the hospital; seconded by Mayor Stirling. This includes the requirements that these projects use water conservation devices. All in favor, motion carried. AMENDING DRUG AND ALCOHOL POLICY Mayor Stirling suggested Council formulate a policy of what is all right with them and let the city manager determine how to deal with this. Councilman Gassman said he is happy with "strongly dis- courage the consumption of alcohol during lunches" rather than prohibit. Councilmembers Crockett, Tuite and Peters agreed. City Manager Bob Anderson said his position is that he strongly dis- courages alcohol at lunch and does not condone it. Councilman Crockett said he trusts the employees and the department heads. Councilman Tuite moved to change the personnel manual from prohibit to strongly discourage; seconded by Councilman Peters. All in favor, with the exception of Mayor Stirling. Motion carried. CITY SHOP REMOVAL OF ASBESTOS Bob Gish, city engineer, told Council there is a serious problem in the city shop. Gish showed photographs of the shop and the 24 Regular Meeting Aspen City Council August 14, 1989 asbestos, which is a health hazard. Gish said the environmental health department took some samples and found this is almost 90 percent pure asbestos. Gish told Council he received bids of $230,000 to $500,000 to remove the asbestos. Gish said there are 3 ways to take care of asbestos, however, it is the recommendation to dispose of it. City Manager Bob Anderson said if Council would like costs for other alternatives, staff can do that. Gish said the reason there is a wide disparity in prices is that he left it up to the bidders as how to dispose of the asbestos. Gish told Council this asbestos is open. Councilman Crockett said the city has to protect their investment in this building. Mayor Stirling agreed and said this is a safety issue. Gish said staff is minimizing the health risks at the shop. Mayor Stirling recommended staff come back on August 28th with firmer prices and where the money would come from. Council left the meeting at 10:55 p.m. Kathryn_ Koch, City Clerk 25