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HomeMy WebLinkAboutminutes.council.19851015Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Collins, Isaac, Walls and Fallin present. MINUTES Councilwoman Walls moved to approve the minutes of September 9, 1985; seconded by Councilwoman Fallin. All in favor, motion carried. CITIZEN PARTICIPATION 1. Ed Adelson, lessee of space in the Wheeler Opera House, said he thought his item was scheduled on this agenda. Adelson told Council he would like permission to sublease his space. This request has been approved by the Wheeler Board. Adelson explained he will not be able to be present at a later date, and the new tenant, Janie Beggs, flew in for this meeting. Also, Ms. Beggs needs time to work on the space. Dwight Shellman told Council they need to approve an assignment of this lease. Councilman Isaac moved to add this to the agenda; seconded by Councilwoman Walls. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilwoman Fallin requested that the financial advisory board be discussed at a work session. Mayor Stifling said October 21 is budget hearing 1 to 4 p.m.; there is a joint work session with the Commissioners from 4 to 5 p.m., and 5 to 6 p.m. will be the financial advisory board discussions. 2. Mayor Stifling said October 24, 1985, will be proclaimed as United Nations Day. There are two co-chairpersons, Heidi Roupp and Mardell Burkholder. There are events being planned for that day. 3. Mayor Stifling said October 6 through 12 was proclaimed Domestic Violence week with sessions held in relation to the growing problem of domestic violence. 4. Mayor Stifling said the winning team of the Mayor's Cup golf tournament was a repeat team of Sally Fitzgerald, Dick Fitzgerald, Jim Gibbons and others. It was a magnificent day. 5. Mayor Stirling announced October 16 is budget hearings for the asset replacement fund requests and arts requests. October 17 will be the non-profit requests. Regular Meeting Aspen City Council October 15, 1985 City Manager Schilling said the P & Z has requested a joint discussion on October 29 regarding transportation. Council agreed to the meeting. ASSIC~NMENT OF LEASE - Wheeler/Happy Road City Attorney Taddune told Council the Wheeler leases provide the spaces shall not be assigned without the consent of the city, and such consent shall not be unreasonably withheld. Taddune said the Council should know what is going on in city facilities. Taddune said the Wheeler Board has considered this proposal and has endorsed it. Jane Beggs told Council this will be a contemporary art gallery with about 6 shows a year. Dwight Shellman showed the proposed alteration of the space. There should be a change by deleting the word "French art and antiques to "art and Antiques" in the agreement. Mayor Stirling moved to approve the assignment of Happy Road, Inc. lease to Janie Beggs Fine Arts, Ltd., subject to scrutiny by the city manager, and to authorize the city manager to sign the assignment; seconded by Councilman Isaac. All in favor, motion carried. LITTLE NELL SPA PUBLIC HEARING Mayor Stirling submitted letters regarding this project into the record. There are 5 in support, 4 from Aspen Square resi- dents. There are 17 in opposition to the hotel aspect of the project, 15 of which are owners of Aspen Square properties. There are 3 letters in support of the project with specific recommendations. Alan Richman, planning director, recommended this discussion focus on the growth issue. The growth issue is a threshhold question in this application that Council has to address, even though no growth management application has been submitted. Richman pointed out because of the allocations already granted, there are no lodge units available for allocation in 1985. The question is what year is the city in in GMP lodge allocations, which depends on some assumptions regarding two growth management exemptions. There are two exemptions that apply which affect the growth management quota. One is the change in use exemption which requires the lodge quota be credited when lodge units are taken out of the inventory. The Alpina Haus and Copper Horse are scheduled to be taken out of the inventory and could be credited to L-l, L-2 or the L-3 quota. Richman said staff has chosen to credit the L-3 quota with 54 lodge units from the Alpina Haus and Copper Horse conversion to deed restricted units. If Council wants to credit these 54 units to the L-l, L-2 quota, there would 2 Regular Meeting Aspen City Council October 15, 1985 be more units available. Also, there is a historic properties exemption, requiring units added to a historic property be deducted from the quotas. In 1985 there are 20 new lodge units being added to the Sardy property. There is also approval for 67 additional units to the Hotel Jerome. Richman said Council can make the determination there is an L-l, L-2 quota of 34 units available as early as 1986 or as late as 1989. This depends on the decisions and assumptions of the Council. Richman said this type of numerical analysis is the narrowest way of looking at the growth issue. Richman pointed out the code does provide a definite mechanism to consider a multi-year allocation. The issue is not whether council cam give a multi- year allocation but whether they should. Council should focus on why there is a growth management system and what it is trying to accomplish. Richman said he feels the purpose of the GMP is to anticipate growth and to direct the way the community grows to achieve quality of life and community balanced goals. The numbers do help answer whether the city is achieving the quality of life and goals. The applicant has provided Council very important piece of information, which is that no new units have been built in the lodge areas since the inception of the growth management system in 1977. Richman said if the question was to be asked, is this what the community was trying to achieve, most people would agree this is not a desir- able achievement. Richman said this is only half the numerical analysis. The other half of the analysis is the backlog of projects which have been approved, but the impact of these projects has yet to be felt. These are the Aspen Mountain Lodge, the ~otel Jerome addition, the Sardy house, and others. Richman noted in the past few years there has been a significant level of activity in the lodging sector, even though it has not been the downtown lodging section. Since 1983, the city increased the lodge quota from 18 to 35 units, rezoned lodges to L-3 and created a new L-3 GMP quota, there have been major upgrades and reconstruction. These are ~otel Jerome, Hotel Lenado, Nugget, Applejack, and Independence Lodge. These current upgrades begin to get at what the community was trying to achieve with the L-3 zone. Richman said the numbers analysis is not the only way to look at the applicant's multi-allocation request. Richman quoted from the growth management plan, "growth management would be a meaningless exercise and manipulation of sterile numbers if some higher goal were not in mind". Richman said in the early 1970's the community was growing, not in phases, but with a multitude of projects. In response to that, the community was dealing with service equilibrium prob- lems. A determination was made that the community needed to phase growth. Some of the constraints to growth, like the 3 Reqular Meeting Aspen City Council October 15, 1985 airport and hospital capacity, have been eliminated. There are problems still facing the community, like the highway entrance to town, parking, air quality, downtown bus terminal. Richman asked if it makes sense for the community to be accelera- ting growth, which is what a multi-year request involves, when many of the community problems are not being solved. Richman said Council should also consider the rate of growth outside the lodge sector. Richman said he is concerned that growth manage- ment is ceasing to be a phasing mechanism but is turning into an accounting mechanism and a tool to tell Council what year they are borrowing quota from. Richman asked what kind of precedence is being set by this project. Two large projects have just received approval, Aspen Mountain Lodge in the city and Centennial in the county. Neither of these project are complete and impacting the commun- ity. Richman told Council growth management allows Council to decide what kind of co~eunity they want and Council should make a decision about future allocations answering that question. If Council can answer that question in the positive, they should award a multi-year allocation. If Council does not want to award a multi-year allocation, they do not have to. Mayor Stifling said a fundamental question is, is the lodge quota adequate for the community in 1985. Peter Forsch, Aspen Skiing Company, said the growth management system and their application are not at odds with one and other. Forsch said there has been no growth in the commercial lodging sector in the last 8 years. Forsch said the co~r~nunity has set as a goal for lodging growth of 1.2 percent. This project is not inconsistent with that type of growth. Forsch told Council this project will provide parking, will only have one fireplace, and the guests probably will not use the transportation system as the lodge is at the base of Aspen Mountain. Forsch said he does not feel this project has negative connotations. Bill Kane, representing Aspen Ski Company, presented a graph which points out over a ten year period the planned goal for growth in the lodging district seems to be on line. Kane said lodge projects, because of economies of scale, do not fit into a tightly regulated system of 35 units per year. Kane said the chart shows the lodge sector will be below planned growth when this facility is proposed to open. Kane pointed out the lodge growth is only 1.2 percent when the overall growth management plan is 3.5 percent. Kane told Council that no units have been built in the lodge districts since the inception of the growth management plan. 4 Regular Meeting Aspen City Council October 15, 1985 Kane said the lodge districts are the most important districts to the tourist economy in the city; these are the showcase proper- ties and tourists formulate their opinion of Aspen in these districts. Kane said in designing ski resorts, the premium properties are within 1200 feet of the base terminal. Kane recent said growth in districts not within walking distance, but transit dependent, has been encouraged to redevelop. Kane argued that properties like the Nugget and Sardy projects should be evaluated in a different framework than L-l, and L-2 zone which have a different economy and a different character. Kane said this type of tourist hotel produces the most sales tax revenue and the least impact in terms of population and on-going municipal support. This project is a seasonal facility. Kane said this site is badly in need of repair. Kane said this facility makes sense in the overall contribution to the resort, to increased skier visits and to the economics of the resort. Kane pointed out there is not a lot of land available within the lodge district to have explosive growth. Kane stated there is not a better site for this form of development to take place. Kane said the applicant feels this project can be approved and can conform to colicunity goals and planned growth. /-~ Gideon Kaufman, representing the applicant, said the GMP quota numbers can be looked at in a variety of ways, and if one wants to one can come up with justification as to why additional quota is available. Kaufman said there is no question of can the quota be allocated but it is one of should it be allocated. Kaufman said if there is to be additional growth, there is not a better location for a hotel than at the base of the mountain. People staying at the base of the mountain will have less need for a car. Kaufman said the problems Richman listed are not just the problem of this developer; they are citywide concerns that need to be addressed. Kaufman pointed out that only 4 of 30 lodges in the L-3 zone have begun to upgrade. Kaufman said the question of precedence has to be placed in perspective with what has occurred, and what has occurred since 1977 is that the city has not gotten a single new lodge room in the L-l, and L-2 districts. Kaufman said this is justification for granting multi-year allocations. Kaufman said in 2 or 3 years when these projects are built, the community may not need multi-year allocations. Kaufman stated there is a need in the community for new lodge rooms. Mayor Stirling asked Kane, as one of the drafters of the growth management plan, if this project is inconsistent with the intention of that plan. Kane said 10 years ago the city was looking at a different developer who owned a majority of the ~-.~ lodge sites in Aspen who had very ambitious plans for develop- 5 ReGular Meeting Aspen City Council October 15, 1985 ment. The staff was concerned about a growing transportation problem, the skiing capacity on Aspen mountain, and the imbalance between Aspen and Snowmass. Kane pointed out that conditions have changed since 1977 - that Aspen mountain is being substan- tially improved, and the then-developer went bankrupt. Kane pointed out that in 8 years, nothing has been built in the lodge zone and there has been physical deterioration of lodges. Mayor Stirling opened the public hearing. Jim Mollica said when the GMP was adopted, the attitude of Aspen was that "we're here and we don't want anybody else here". From 1968 to 1971, Aspen was experiencin'g 22 percent growth per year. Mollica said in the last 10 years, Aspen's popularity has dropped; other resorts offer quality accommodations. Mollica said he feels the growth management plan has made Aspen a better place to live, but it is time for some changes and would encour- age Council to approve a multi-year allocation. Jim Curtis also encouraged granting a multi-year allocation. Curtis said his reasons are that there have not been any new lodge units since 1977 and there is room to catch up on lodge units. Curtis said Council should encourage growth that is very well located, and this is the proper location for high quality commercial and lodging facilities. Doug Carlson said this will be one of the first projects that will be built. Carlson agreed there is no better site for a project like this. Carlson recommended Council move forward with this approval. Bob George also recommended Council approve this project. George said one of the goals of the growth management plan is to get quality development, like this project. Larry Yaw said the growth management plan was forged in an era when the feeling was that no growth was good. Yaw said the community has the tools to anticipate that certain growth is good. Tom Hines, representing the Aspen Resort Association, said they endorse the project and request Council to approve the project and the multi-year allocation. Ann Jeffrey, chairman of the Ski Company political action committee, told Council they would like to see this project go through; they would like to see more quality hotel space in Aspen. Joe Edwards, representing Aspen Square owners, pointed out all five planners met and unanimously recommended that Council not grant the multi-year allotment. Edwards said Council has already approved the reconstruction of 350 existing units as we;; asapproved 400 new lodging units. Edwards said most of these units have not been constructed, and Council has no idea of 6 Regular Meeting Aspen City Council October 15, 1985 the impact of these units on the community. Edwards stated the whole purpose of the growth management plan was to bring projects on line in phases so the community can see in increments what the impacts are. Edwards said the planning office has recom- mended to Council if they approve this project, that they throw out the GMP altogether. Edwards said the language in the Code was intended to provide staged growth. The Code says in the year during the construction, the annual allotment shall be reduced by the amount of the construction. The city must reduce the allotment during the year. Edwards said the developer wants to build in 1987-88 but the allotment will not be available until 1989-90. Edwards said to grant multi-year allocations for six years from now is probably illegal. Fred Smith encouraged Council to approve multi-year allocations as the precedent was set when Council approved a multi-year allocation for the Aspen Mountain lodge. Charles Hopton said one of the purposes of the growth management plan was to give Council time to evaluate different projects as they are built. Hopton said when the malls were put in, it created a major thoroughfare on Durant avenue. This has not been evaluated by the city, and this should be taken into consideration for both the Aspen Mountain Lodge and this project. Bill Martin recommended Council provide the additional building permits for this project. Martin said Richman's issues are very valid but unless there is pressure in the community by granting this project, it gives Council the momentum to solve the prob- lems. Jerry Blann, Aspen Skiing Company, said their proposal is for less than 100 rooms, no more than 200 people at any given time. Blann said this project is a commitment from the applicant to the lodging sector to maintain Aspen as the class destination resort in North America. Blann said being a class destination resort cannot be accomplished with no growth in lodge facilities since 1977. Btann requested if Council is going to drop a bomb on the project that it be done now rather than after they have spent $500,000. Blann said there is little economic slack in this project and if Council is not in favor of the project, the applicant must rethink their base area plan and reallocate the resources. Spence Videon said he strongly supports this project. videon said the planning is in place; there are not hidden impacts. Videon encouraged Council to move forward with the project. Judy Schwalbach said Council should support this project. Doug Allen said he would like to see Council give the approval for this project now. It is a viable project at the right time and in the right place. 7 Regular Meeting Aspen City Council October 15, 1985 Councilman Isaac said he is in favor of the multi-year allocation for this project. Councilman Isaac noted he was on P & Z when the growth management plan was written, and one reason for it was to catch up on the government reaction to growth so the services could meet growth. Councilman Isaac pointed out there is more employee housing, the water plant has been upgraded, the sanitation district is upgraded. Councilman Isaac said Kane's graph illustrates that lodging has not been built. Councilman Isaac said the Skiing Company, who wants to build a project, should not be penalized for developers who have not produced. Councilman Isaac said Council should look at lodging that has been taken off the inventory. Councilwoman Fallin asked what happened to the lodge units that have been condominiumized; where did the allocation go. Kane said there has not been an accounting for these units. Kane said the 1982 short term accommodation study outlines what is avail- able in the community is 2700 units, and 10,000 beds. The 1975 report showed over 15,000 beds available for tourist accommoda- tions, it appears there has been a dramatic reduction in the amount of units available. Forsch said the Skiing Company called a number of lodge/condominiums included in the short term acco~nodation report and asked if they have had units taken out of the rental pool. Forsch said in a quick survey they counted 87 units taken out of the rental market between the Aspen Alps, Aspen Square, North of Nell, Fifth Avenue and Mountain Queen. Mayor Stirling asked if the Ski Company would consider a project on this site without hotel units. Blann said the project is being submitted with hotel units, and they have not considered one outside of that, and it is not a possibility. Councilwoman Walls asked Taddune about the legal issues raised by Edwards. Taddune told Council he does not agree, at this point, with Edwards. Taddune said Council put the law on the books, and Council should decide what they want to accomplish. As the legislative body that enacted the law, Council has the ability to accomplish what they want. Taddune said it does not make sense to have a growth management quota system to target growth for the year 1991 and have the growth take place many years before that. Conversely, this is a situation where the city anticipated a substantial amount of growth and over the past 10 years are not one inch further than where it started. Taddune suggested Council give the applicant an opportunity to respond to Edwards' arguments. Taddune reiterated Council has the ability to determine what the law is. Councilwoman Walls said the entire growth management plan should be looked at, and perhaps amended or repealed. The growth management plan either means something or it does not. Council- 8 Regular Meeting Aspen City Council October 15, 1985 woman Walls said it bothers her to have to borrow quota into the future. Councilwoman Walls said it was clear in the Aspen Mountain Lodge application, the Council had to grant future allocations because there was no way to phase the project. Councilwoman Walls said to go into future allocations for a whole new project, when the Aspen Mountain Lodge has not been started, subverts the purpose of the growth management plan. Kaufman pointed out depending on the assumptions in the graph Kane presented, there may not be a need for multi-year allocations. Kaufman said some of the projects exempted in the GMP are more applicable out of the L-3 quota. Kaufman said the Council has set a precedence in the way they interpreted the Code for the Aspen Mountain Lodge. Councilwoman Walls asked if there is a shortage of short term accommodations in town. Carlson, Woodstone Inn, told Council they were over 90 percent filled for January, February and March. Carlson said he also manages the Aspen Club, which was 20 rental condominiums and is now 10 rental units. Councilman Collins asked why the units at Sardy property are exempted. Richman told Council the units are exempt from the GMP competi- tion but must be deducted from the quota. Richman told Council the 35 lodge units are for the L-l, L-2, CC, CL and other zones. ~'~ Richman said at this point Council has decided to credit the L-3 quota with the units from the Copper Horse and Alpina Haus. Richman suggested to Council if they wish to grant a multi-year allocation that they reconsider crediting the L-1 and L-2 for the Copper Horse and Alpina Haus units. Richman said he feels crediting the L-3 would allow about 60 units to be built in the L-3, which is contrary to the intent of creating the L-3 zone district. George naswell, Aspen Square, said he disagrees with the appli- cant's research that 87 units have been taken out of the rental pool. Laswell said a lot of units taken off the rental pool are being filled by the owner or are rented long term. Hopton said since he gave the number of rental units taken off the market to the Ski Company's survey two have come back in. Mayor Stirling said it is up to the elected officials to deter- mine what the town needs and the best interests of the community. Mayor Stirling said the GMP is a tool to anticipate growth and to stage growth, but also to allow growth to occur. Mayor Stirling said the number of units is a less fundamental issue than the technical issues like mass, access, parking, congestion, the visual issue, drainage, etc. Mayor Stirling pointed out Councils have been approving units, and these units have not been built. Mayor Stirling said he is convinced that the town needs /.~ quality units but there is no guarantee this applicant will 9 Reqular Meeting Aspen City Council October 15, 1985 build quality units. Councilman Collins said he would like an interpretation from the city attorney about multi-year alloca- tions. Mayor Stirling said he will be out of town for the next regular meeting. Councilman Isaac suggested a special meeting to finish this item. Council agreed. Taddune said the question is not whether Council has the ability to grant future quotas, but is when can the project be built. Does the project have to be built in the year for which the quota is given. Forsch said the timing is critical in order to be able to submit a GMP application by December 1, 1985. Mayor Stifling continued the public hearing to October 28, 1985. ORDINANCE #53, SERIES OF 1985 - Little Nell SPA Councilman Collins moved to table Ordinance #53, Series of 1985; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #52, SERIES OF 1985 - Public Hearing & Notice Require- ment Steve Burstein, planning office, told Council this code amendment requires conceptual reviews of PUD and subdivision before Council to be public hearings and be noticed as public hearing. This ordinance also requires that notice be given to all condominium owners rather that the association. The ordinance requires the applicant provides a list of property owners as well as stamped, pre-addressed envelopes for the planning office to send out the public hearing. City Attorney Taddune pointed out some changes since first reading to clarify the language. Mayor Stifling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Mayor Stirling read a letter from Lee Miller into the record strongly encouraging Council to adopt this ordinance. Councilman Isaac moved to adopt Ordinance #52, Series of 1985, as amended on second reading; seconded by Councilman Collins. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Walls, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #54, SERIES OF 1985 - Meetings Outside Corporate limits Mayor Stirling opened the public hearing. There were no coI[m~ents. Mayor Stirling closed the public hearing. Councilman Collins moved to adopt Ordinance #54, Series of 1985, on second reading; seconded by Councilwoman Walls. 10 Regular Meetina Aspen City Council October 15, 1985 City Manager Schilling told Council this move is in response to the accessibility committee's report to initiate items in the report that cost nothing. Councilman Collins asked if this would be for all meetings. Schilling said this does not cover study sessions, only regular and continued meetings. Taddune said Council is choosing this as an alternative location as it is more accessible to handicap persons, there is more parking, and the meeting room is larger. Councilwoman Fallin said there should be continuity in where the Council meets. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Walls, yes; Fallin, yes; Mayor Stirling, no. Motion carried. Councilwoman Walls suggested Council meet inthe first floor space for budget and for work sessions as this is closer to staff offices. Councilman Isaac said all Council meetings should be at the community center so there is continuity. Schilling said he-does not know how much flexibility Council will have to always have access to this space. Councilman Collins moved to hold all Council meetings at the co~mmunity center beginning October 28, 1985, all regular, and continued meetings, and study sessions; seconded by Councilman Isaac. All in 'favor, with the exception of Councilwoman Walls and Mayor Stifling. All in favor, motion carried. ORDINANCE #55, SERIES OF 1985 - Sales of Red Roof inns City Attorney Taddune said in these documents the city is consenting to the sale of the Red Roof, not approving the third party purchaser. Taddune negotiated into the deed of trust covenants concerning maintenance of the premises during the interim of the promissory note. Red Roof has agreed to be the first one liable regarding maintenance until the note is paid off in full. Taddune reminded Council the note is without recourse; it is interest bearing. If Red Roof defaults on the note, the city's remedy is to institute legal proceedings to regain control of the project. The paragraph pertaining to roof repairs, water line improvements and assistance regarding liquor permits have been deleted. Taddune said the property for sale includes the tennis courts and swimming pool. There is an agreement on accessibility and Red Roof will probably agree to maintain the entrance way easement accessing the property from highway 82. The default interest rate is 12 percent. Mayor Stirling said the default interest rate should be higher. 11 Regular Meeting Aspen City Council October 15, 1985 Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Assistant City Manager Mitchell told Council he called the references provided for the third party purchaser and received positive comments. Councilman Isaac asked if the back rent will be paid off before closing. Taddune said at closing the lease will be terminated and all rent payments will be pro rated at the date of closing; however, if the city delays the closing more than 30 days, the rent will be abated until closing. Councilman Isaac asked if in the lease with Red Roofs there were p. erformance standards and agreements about the use of the swimming pool and tennis courts. Taddune said there was an understanding that the tennis courts would be made available to the public, but it was not port of the lease. Dick Wilhelm told Council in the pocket they submitted, they stated they will be open on a year round basis, and will be supportive of the co~nunity. Taddune said the covenants require the applicant to maintain this as a short term accommodation property. Mayor Stirling asked if there was a firm closing date. Taddune told Council both parties are ready to close. Taddune said he would recommend closing by a certain date. Bob Grueter told Council Red Roof would like to close as soon as possible. Mayor Stirling recommended this Close no later than December 1, 1985, or the applicants will have to get an extension. Taddune said paragraph 8 states closing shall take place on or before 30 days after final acceptance. Councilman Isaac moved to adopt Ordinance #55, Series of 1985, on second reading as amended; seconded by Councilman Collins. Councilman Collins asked if this sale included the porking lot to the west of the property. Grueter said the city owns the parking lot and Red Roofs has an access easement. Councilman Collins asked if the city can review the contract between Red Roof and the third party. Taddune said the city will consent to sale to a third party but will not involve itself in this sale. The city is selling this property to the Red Roof Inn. Grueter told Council the first transaction from the city to Red Roof is exempt from the real estate transfer tax, the tax will be poid on the second transaction. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Walls, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. SNC~q DUMP SITE REPORT City Manager Schilling passed out a letter received from Lee Pardee reiterating vigorous support for early moving of the snow 12 Regular Meeting Aspen City Council October 15, 1985 dump site, and suggesting his group would like at all costs to avoid being forced to take some legal action other than to work with the city in seeing the snow damp gets moved. Schilling told Council he met with Heiko Kuhn, Sanitation District manager, about the concept of moving the snow dump from its present location to the sanitation district property. Schilling told Council he also spoke with Jay Hammond, city engineer, who had the streets department inspect the site and it is believed, given the fact that some of the waste water treat- ment structures are being removed or have been completely removed, that the site could accommodate the snow dump activity. Schilling said the city is using just less than 2.5 acres, and the total site of the sanitation property is just over 3 acres. But the 3 acres take into consideration the fact that some of the clarifiers waste water treatment facilities are being demolished and removed. There is still a building which holds their offices and some employee housing as well 4 modular units of employee housing. Schilling said one issue is whether the employee housing would have to be moved to accommodate the snow damp site and would be subject to more specific investigation. One of the reactions that the city got from Kuhn was there are anamber of people who are concerned about the snow dump activity where it presently is, and there will be a namber who will be concerned if it gets moved to the sanitation district site, and this is one of the concerns that Councilman Collins had. Schilling told Council the sanitation district, at least as far as Kuhn was willing to represent their position, is not enthusiastic about this pro- posal. Kuhn indicated it would have to be a final decision of the Board, and Schilling has asked to get on the next agenda to meet with the Board. This comes up the llth of November. Schilling told Council he suggested to Kuhn maybe they could work out an arrangement where the housing could be moved at the expense of the city to another location, being indefinite to where that would be, that would be a complex problem. Kuhn asked what they would do with the housing in the interim as there would be an expense associated with that. Mayor Stirling asked how many employees are housed there. Schilling said there are four units, two are 2 bedrooms, two are 1 bedrooms, there are some families housed there. Schilling said the site does appear feasible, but based on his conversations the district is not enthusiastic. Schilling said he will get a more definitive answer from them on the llth and does not anticipate there will be any greater level of enthusiasm than from Heiko. The suggestion was made at the previous meeting that Council exercise its authority of eminent domain and condemn the site if there is no cooperation. Schilling said this is a 3/4 million dollars piece of property and suggested that before the city 13 Reqular Meeting Aspen City Council October 15, 1985 entertain spending that kind of money on this property to accommodate the snow dump that Council look at absorbing the district and then making a decision as to whether this property is suitable for that. Schilling questioned double taxing the people in the city where part of the district is located to acquire an alternative snow dump site. The other question that was raised by the Council concerns the impound lot. Schilling said the staff is less concerned about the impound lot, feeling that some things the city is doing right now help to deal with the problem. Other things can be done on the site to substantially mitigate any adverse impacts of the impound lot. Schilling said the city is establishing a policy whereby the very dilapidated and abandoned vehicles that create the real eyesore in the impound lot and also create some signifi- cant operational problems for the towing company, will be as a matter of policy moved directly to a secured location at the dump. The other part that the city can address is beautifica- tion and improvement of the site. There are a number of things that the city can do to that site to make it even more attrac- tive. Schilling said a question was raised about the Airport Business Center and whether or not cars could go there. Schill- ing told Council there are deed restrictions that don't permit the outdoor storage of vehicles so that is not an alterna- tive. There was also a question of how the impound lot got there in the first place. Staff researched this and it occurs to the staff that sometime around 1977, the then city manager decided that that was a good place to have an impound lot and directed that some grading be done, the grading was done, the cars were stored there, the next year they fenced the site and that's how sometimes things evolve. Schilling said the city can deal over the long run with the problems associated with the impound lot, but less certain about how to resolve the snow dump site, The staff will have better information for the Council after the meeting with the sanitation district board on the llth. Councilman Isaac asked what the city's legal risk is to continue to use the present snow dump. Schilling said he has spoken to the city attorney about the legal concerns raised by Pardee's group. The city attorney is not uncomfortable with what the city is presently doing in terms of the issues that have been raised. Councilman Collins asked why all cars cannot be taken out to the dump. Schilling said there are logistics and security problems in that. 14 Regular Meeting Aspen City Council October 15, 1985 Dale Potvin said they feel the impound lot adversely impacts the value of the properties in the area. The citizens feel the money used to buy that property was designated for open space, and the impound lot certainly does not fall into that category. Potvin told Council he supports Pardee's group in their efforts to bring to Council that the uses of the snow dump and impound lot, are not legal uses for this property according to the opinions sought and if Pardee's group were to attempt to bring this to a head with the city, he would support them. Vicky Fuller said she feels the present snow dump site is inappropriate and it is not aligned with the original intention of purchasing the property in the first place. Ms. Fuller said she owns some property contiguous and feels these uses are real detriment to the property. It is also a detriment to the whole city when visitors come and walk by the snow dump on the way to the art museum, and they see that eyesore, and it needs to be moved. Remo Lavagnino said the main point is the inappropriate use of the land and what it is being used for right now. navagnino pointed out it was through resolution of Council at the time the ordinance was proposed to the citizens in referendum form that delineated what the uses of the property were to be. The resolu- tion is key to using that land, not the way it's being used now. Mayor Stirling asked the city manager to move as expedi- tiously as possible and get a report on the November llth meeting after the sanitation district board meeting. SC~EDULM BOARD INTERVIEWS Mayor Stirling said there is one vacancy on the Clean Air Advisory Board, and there is one application. The Commercial Core and Lodging Commission has two vacancies and there are four applications. The HPC has one vacancy and one term expired. The P & Z has two terms expired and both members wish reappoint- ment. The Wheeler Board has one vacancy. Council scheduled the Board interviews for October 23 at 3 p.m. Mayor Stirling suggested Council reappoint Welton Anderson and David White to P & Z and Nick Pasquarella to HPC. Council agreed. RESOLUTION-#28, 1985 - Volk Property GMP Allocation Councilwoman Fallin withdrew due to conflict of interest. Steve Burstein, planning Office, told Council the two parts to this discussion are the allocation of commercial quota to the Volk property and a decision about the carry over of the commercial quota. Burstein said he will address these separately. Burstein said the Volk proposal is for a three story commercial building at the corner of Cooper and Galena. The request is for a total 6800 square feet, of which 1500 is reconstruction of existing 15 Regular Meeting Aspen City Council October 15, 1985 building. The request through the GMP quota is 5309 square feet. Burstein said this was the only project in the GMP competition for 1985, and was scored by P & Z above the thresh- hold. HPC has given conceptual approval. There were two special reviews in front of P & Z; one for bonus floor area ratio, and one for trash and utility areas. P & Z gave approval to both special reviews. P & Z has also recommended the city investigate purchasing this parcel. Councilman Isaac said Council has stated an interest in purchasing this and the discussion of that will be October 21. Councilman Isaac suggested waiting to act on this request until Council sees the planning office's priorities for open space. Mayor Stifling said the applicant has the right to apply for this all~ocation. Don Fleisher, representing the owner of the property, said he feels it is inappropriate for Council to mix the approval of the GMP process and a decision to purchase this property as open space. Fleisher said they will not apply for a building permit until next spring, there is time for the city to pursue purchasing this property. Terry Murray said she feels this property was always intended to be open space. If the city is serious about purchasing this /'-, property, it may be unwise to approve this request. Sunny Vann ._ told Council the Code requires Council to allocate quota, if it is available, to an eligible applicant on or before November 1st. Taddune said this is correct, and if Council agrees they should direct staff to draft a resolution for the next meeting. Andre Ulrych, adjacent property owner, told Council he has a 5 x 7 cooler which goes into this property, and that has not been addressed in the GMP application. Mayor Stifling said this issue should be raised with the applicant. Ulrych said the applicant does not have the square footage they think they have. Councilman Collins moved to approve this allocation for the Volk property and to ask the attorney to prepare a resolution for the next meeting; seconded by Councilwoman Walls. Mayor Stifling agreed this has to move along, no matter what may be in the planning, as citizen have to be able to rely on the process. All in favor, motion carried. (Councilwoman Fallin abstained). COMMERCIAL GMP CARRY OVER Steve Burstein, planning office, told Council there are several possible carry overs in the commercial quota. Burstein said in the CC, and C-1 zone there is an excess of space and recommended it would not be appropriate to carry over the 3,691 square feet for a total of 13,691 square feet available for next year. ~-~ Burstein said in the office zone, there could be an additional 16 ~..~ Reqular Meeting Aspen City Council October 15, 1985 4,000 square feet carried over, and the recommendation is not to carry over this square footage. Burstein said in the NC/SCI zone, the carry over space may be necessary to keep up with the residential development that has occurred. The commercial/lodge quota carry over may be useful in order to allow a balance of projects with lodge and commercial uses. Alan Richman, planning director, pointed out the CC, C-1 zone has 10,000 square feet of quota available annually, and with the build out in these zones, the staff does not feel it appropr- iate to add square footage to this district. Mayor Stifling agreed that 10,000 square feet is sufficient in this zone. Richman said there are some substantial lodge projects in the works, and there may be demands for commercial/lodge square footage. Councilman Collins moved to direct planning office to prepare a resolution for the next meeting containing staff's recommenda- tions; seconded by Councilwoman Walls. All in favor, motion carried. WHALE OF A WASH GMP EXTENSION Councilwoman Fallin withdrew due to conflict of interest. Steve Burstein, planning Office, said the applicant has been operating in good faith in trying to get this project on line with the redesign of the structure and by building the first floor of the project. Burstein said the P & Z rescored the project and recommended favor of the rescoring. P & Z reviewed a trash area requested and approved it, conditioned on an easement in order to guarantee access for the Chitwood building. Burstein said the employee housing proposal has been approved by the housing office. Sunny Vann, representing the applicant, said the applicant aoquired the Epicure building as well as the Whale of a Wash building, and his first priority was completing the Epicure building. The applicant received HPC approval to clean up the first floor of the Whale building. Vann said this GMP allocation is about to expire, and is requesting an extension as well as approval of the amendment of the plan. Vann said the applicant has given up the third floor and reduced the size of the second fl oo r. Councilman Collins moved to approve a 180 day extension of the Whale of a Wash commercial allocation, expiring March 1, 1986; seconded by Councilwoman Walls. Councilman Isaa~c asked if the Council has criteria for granting GMP extensions. Alan Richman, planning director, said the criteria are diligence in pursuing 17 Regular Meeting Aspen City Council- Oct=ober 15, 1985 the project, investment to the community, and good cause. All in favor, motion carried. Councilman Collins moved to confirm the allocation of 2,570 square feet of commercial space awarded to the Whale of a Wash; seconded by Councilwoman Walls. All in favor, motion carried. WEAVER (PIONEER PARK) LOT LINE ADJUSTMENT Steve Burstein, planning office, told Council this is a request for a lot line adjustment of the two lot Weaver subdivision at 442 West Bleeker street. The original lot split in 1980 created one lot of 23,600 square feet, and this request is to reconfigure it to 17,000 square. Lot 2, which is undeveloped, originally was 6,000 square feet and this request is to increase it to 12,000 square feet. Burstein reminded Council this was considered in March 1985, when it was tabled to consider public purchase of the property. Burstein said at the September 10 Council meeting, public purchase of the property was also discussed; Council did not show a great deal of interest. The main issue of increasing the size of lot 2 is that the size of the development would increase, and the applicant would have the ability to build a duplex. The applicant has agreed to restrict the development on lot 2 to a single family house. Another issue is the increase of FAR, this lot line adjustment would allow an additional 1,000 square feet. Burstein said this is a large lot, and it may be appropriate to have a large structures. Another issue is the protection of the trees on the site, and the planning office recommends a building envelope be developed which would restrict any unnecessary destruction of the trees. Burstein told Council the existing structures fit into the highest category of historic designations in the city. The staff feels it is important whatever is developed on the new lots be compatible with the existing historic structures. The staff recommends approval with conditions; limiting lot 2 to a single family residence, moving the gazebo to lot 1; an encroach- ment license be obtained for the fences; a building envelope be developed to meet staff approval; tree removal be done according to the municipal code; that HPC have a chance to review any new construction on lot 2; that the applicant join any improvement district that is formed. Bob Hughes, representing the applicant, said when this project received a lot split in 1980 and an exemption from GMP, they were restricted to a single family dwelling. Hughes said he has problems with the conditions that a building envelope be develop- 18 Regular Meeting Aspen City Council October 15, 1985 ed and that the HPC review any plans for lot 2. Hughes said these conditions are discriminatory. Hughes said the property is already restricted by tree removal and tree relocation sections of the Code, and the building envelope is not necessary. Hughes said by prematurely identifying the building envelope, it will affect the marketability of the property. Hughes said the building department can turn down an application to remove trees when they are part of the natural beauty of the site, so there is discretion for this site. Hughes said he is concerned about having new construction on lot 2 have to receive HPC approval. Hughes said this is a histori- cally significant property. Hughes said this condition would preclude any contemporary architecture on the new lot and will also affect the marketability of this property. Hughes said the persons owning the Pioneer park house will want to be protective of their house and will probably exact private covenants. Hughes said if Council feels this parcel is so historically significant, they should purchase the property, and not try to get indirectly the same result. Mayor Stifling said he likes the idea of a building envelope as there is probably only one building site on the parcel. Alan Richman, planning director, said there is nothing unusual about requiring building envelopes on environmentally sensitive properties, like in stream margin and steep slope reviews. Mayor Stirling said he favors conditions 5 and 6 and does not feel this effects the marketability. Mayor Stifling said the HPC only has the ability to review a project. Richman said this condition only requires input from the HPC to insure the two buildings work together on the property. Councilman Isaac suggested adding the words "in an advisory capacity". Hughes said he would accept that. Councilman Isaac said he feels the building envelope condition could be dropped as the city is covered with the tree removal section and by review of the HPC. Mayor Stifling and Council- woman Walls said they would like to see the building envelope condition kept in. Councilman Isaac moved to approve the subdivision exception for the Weaver lot line adjustment subject to conditions 1 through 4; 6 adding "in an advisory role", and condition 7 in the planning office memorandum October 9, 1985; seconded by Council- man Collins. Mayor Stirling said this is the most sensitive property in the west end of town; it was the home of the first Governor of Colorado. The Council needs to do everything they can to protect this property. 19 Regular Meeting Aspen City Council October 15, 1985 All in favor, with the exception of Councilwoman Walls and Mayor Stifling. Motion carried. ASPEN MOUNTAIN LODGE PUD AMENDMENT Mayor Stirling said the original proposal had employee housing proposed for the Alpina Haus, Copper Horse, Airport Business Center and a newly constructed Ute City Place. Mayor Stifling said the applicant has requested to substitute Ute City Place and the Airport Business Center for units at Hunter Creek. Steve Burstein, planning office, said this proposal is to replace the employee housing at Hunter Creek with 87 units housing 107 employees. The Alpina Haus and Copper Horse would remain employee housing. Burstein said P & Z and staff agree Hunter Creek would adequately serve employees in terms of the housing need, the quality of the housing. The outstanding issue is parking; there would be a shortfall of 13 parking spaces that would have been provided on-site in the previous proposal. The applicant had a require- ment to provide one parking space per 2 employees. The planning office had recommended to P & Z that these 13 spaces be provided ~'~ near the Alpina Haus and Copper Horse. P & Z did not approve that recommendation but recommended these be at or near the Aspen Mountain Lodge or Alpina Haus and Copper Horse. The staff feels that if parking is provided at the Aspen Mountain Lodge, it is an incentive to drive to work, and it does not serve the parking problem. Joe Wells, representing the Aspen Mountain Lodge, reminded Council they originally took an option on the Benedict site to solve the employee housing problem. That option was unaccept- able to the city; the applicant dropped the option at a cost of $150,000. Wells said they negotiated with the city to determine acceptability of a site, prior to signing an option agreement. Wells said the applicant does not have an option on Hunter Creek but is presenting it to see if it is acceptable to the city. Wells said the issue is whether the conversion of units at Hunter Creek, in a central location, is more appropriate than housing which was criticized as being removed from town, as well as construction of new units, which represent growth impacts. Wells said he feels it is advantageous to go with the solution of using Hunter Creek for the employee housing for the Aspen Mountain Lodge. Wells said Hunter Creek is more accessible, has more amenities for the employees, has a higher level of transportation, and the /~ units are better constructed. Mayor Stirling asked what the 20 Reqular Meeting Aspen City Council October 15, 1985 level of planned improvements for the units would be. Wells said the affordability of the project is based on painting and most of the improvements will be inside the units. Burstein pointed out the housing authority accepted this proposal. Andy Hecht told Council these units are presently rented but there is no obligation to rent to employees long term. Hecht told Council these buildings will be converted and sold as free market units. Councilman Isaac said building the lodge will require a need for more employees and more housing. The proposal is to take existing housing for the project, and the community is not getting additional employee housing. Wells said there are 5 bonus points in the GMP competition for conversion of existing units. Richman said the Code recognizes that units have the ability to be sold at any rate the owner wishes to, and it is desirable to restrict the units rather than lose them. The requirement in the Code is that an applicant make a net increase to the housing inventory. Right now there is no protection for the Hunter Creek units. Mayor Stifling said he feels deed restricting these units and protecting them is beneficial. Councilwoman Walls asked if these would be sales or rental units. Wells said the previous language of approval gave the applicant the option of rental or sales. Hunter Creek resident told Council she is against this proposal as she does not want to see the area take another step backwards. Alma Davenport said she bought her unit on Hunter Creek on the basis these would be free market units, and it is not fair to have rental units. Dennis Brady told Council he bought his unit under the condition there would be consistent quality of the units. This proposal will downgrade the area. Mayor Stirling asked if the Centennial units were available for this project. Richman said Centennial are deed restricted units and would not qualify. Mr. Freeland said he lives at Hunter Creek and is happy with it. There are parking problems now, and there will be more people with employee housing. Aspen Mountain Lodge is trying to duck the issue of building their own housing and are trying to short circuit a good project. Janice Brady said if one entity own that many units, they will take control of the homeowners association. Jim Wolf said employee housing at Hunter Creek would cause problems. Peter Delaney said he would like to see these units be purchased rather than rented. The employees at Hunter Creek purchased their units and have pride in the units. Hunter Creek resident said she would hate to see the best four buildings turn into employee housing. Roger Moyer said the 21 Reqular Meeting Aspen City Council ectober 15, 1985 developer has not contacted anyone at Hunter Creek nor have the residents been informed of these developments. Moyer said the restrictions at Hunter Creek for owners and tenants are very strict. Moyer suggested it is premature to make this change. Walter Subert said Council should not be letting Aspen Mountain Lodge get out of building new housing for all their new employees. Carolyn Christensen said realtors who have sold units at Hunter Creek have represented that the project will be finished as started. Mayor Stirling said more work needs to be done on this proposal. Wells asked Council to look at the entire picture, that this project is in significant trouble with the employee housing, and may fail on the employee housing. Wells said this is an alterna- tive that is affordable. Wells told the Council the applicant is willing to commit the number of employees housed, or offering the units for sale. Mayor Stifling said this proposal is a chance to get housing deed restricted into the future so that employees would have the opportunity to be able to rent a property in town. There may be flexibility in this project to have a mix of rental and sale units. Mayor Stifling suggested there should be conformity with what the applicants propose to do to the remaining buildings so they are aesthetically consis- tent with the entire project. Moyer said any commitments should be put in writing. Mayor Stifling said the Council worked two years on the Aspen Mountain Lodge and demanded certain amount of employee housing. Councilman Collins moved to table the PUD amendment. Motion DIES for lack of a second. Wells said he would like a sense of Council what needs to be done to make this proposal acceptable. Mayor Stirling suggested the applicant meet with the Hunter Creek homeowners with a specific proposal, have the homeowners respond and bring this back to Council. Some citizen asked why Aspen Mountain Lodge cannot build their own housing and why Council should let them off the hook. Wells said it does not appear to be a community goal to provide new housing. Every growth management category gives bonus points for the conversion of existing units over offering to build new units. Wells said the Ute City Place project is the most expensive of the employee housing elements, and providing housing at Hunter Creek is an affordability issue. Councilwoman Walls said she does not like to see conversion of the low end of free market units and Council should not encourage conversion of these type of units. 22 Regular Meeting Aspen City Council October 15, 1985 Mayor Stifling moved that the applicant go forward with negotia- tions with the homeowners at }]unter Creek and return to Council with alternatives, and to seek other alternatives that may not have been explored; seconded by Councilman Isaac. Barb Bromston said they would like their project to continue to be a good place to live. Mayor Stirling contended if the property is managed well, it can be a good project. All in favor, with the exception of Councilmembers Walls and Collins. Motion carried. Moyer suggested the city look into why bonus points are given for conversion of existing units rather then having applicants build new units. Richman said the theory was that conversion of existing units has no growth impacts, and is desirable. Conver- sion also freezes units which could be lost. ARCHITECT CONTRACT FOR SKI CLUB City Manager Schilling said July 22 Council authorized proceed- ing with the project, directed staff to solicit architects. Council voted to approach this as a multi-use project. Schilling told Council the staff restricted the selection to the Roaring Fork Valley, and received 9 qualification statements. A selec- tion panel of representatives from the Ski Club, ARA, community, Council and planning office. The panel interviewed 4 architects and ranked William John Poss as number 1. Staff checked refer- ences and all were excellent. The staff negotiated an agreement to settle on a scope of services. Schilling said the project will be divided into two phases, the conceptual stage which is basic needs analysis involving all future all prospective occupants, a site analysis, conceptual design. Schilling said there will be construction cost analysis including an estimate of the value of the production of a free standing building as the Aspen Mountain Joint Venture has committed to, a 2,000 square foot building complete with utility connects so that the city can go to AMJV to tell them what their contribution to the facility will be. Schilling said the presumption the staff has been working on, and the only way the project will go forward, is that the city fund this work. The Ski Club has taken the position that they have a commitment from the Aspen Mountain Joint Venture to produce a building for the Ski Club. Schilling would like Council to ratify the position that the city will be the lead in financing this project and accept the contribution from the Aspen Mountain Joint Venture. Schilling said Council should 23 Reqular Meeting Aspen City Council1 October 15, 1985 decide whether they want to commit to including in the scope of work whether the site will accommodate the ski museum. The proposal from Poss is not to exceed $11,570 and does include analyzing the above questions and to include the ski museum. There is some discussion from the Aspen Ski Company on whether this should include headquarters for the World Cup. Schilling asked Council to enter into an agreement with Poss. Schilling said Poss will have a final report to Council at the end of November. The Ski Club has to make a decision whether to go along with the multi-use facility or go on their own. Councilman Isaac asked where the money will come from. Schilling said the city is looking at the general fund balance and the open space fund and will research that before making a recommend- ation on a particular fund. Mayor Stirling moved that Council commit not more than $11,570 and go forward with the scheduling and reports as outlined; seconded by Councilwoman Walls. Schilling said he cannot conceive this project getting finished if in a single structure there are a number of different parties financing it in different ways. Schilling said the cost of different options will be presented. Councilman Isaac said he would prefer not to fund this out of open space. All in favor, motion carried. RESOLUTION #27, 1985 - Amending Shadow Mountain Deed Restrictions Councilman Collins moved to adopt Resolution #27, Series of 1985; seconded by Councilwoman Walls. All in favor, motion carried. Mayor Stifling suggested moving Council rules and regulations and open meeting law to another meeting. ORDINANCE #47, -1985 - Review City Attorney Taddune told Council this is not on the agenda for purposes of reconsideration nor public hearing. Taddune reques- ted this on the agenda because there is some confusion regarding a phrase herb Klein read into the record, and the additional language added to the ordinance was not thoroughly discussed. Taddune said this language is, "there is not intent to remove such device by building demolition or remodeling or otherwise". The practical effect of this language would cook those projects that have announced their present intent to rebuild or remodel. Taddune said he polled the Council and no one recalled that 24 Regular ,Meeting Aspen City Council October 15, 1985 language. Taddune said he will not approve the insertion of the additional language, and this decision is acceptable to the Clean Air Advisory Board. The changes that were typewritten which Council looked at will be inserted. The above change was read into the record, not on the typewritten sheet. Taddune told Council this ordinance takes effect 5 days after publication. Taddune told Council citizens can utilize the referendum petition procedure to request repeal of this ordinan- ce. Mayor Stifling asked if this is appropriate for a public hearing. Taddune said this is merely a communication between staff and Council so the record will be clear what Council intended when they passed the ordinance. Councilmembers Walls, Fallin, Collins and Isaac did not want this open for public comment. Councilman Collins moved to direct publication of Ordinance #47, 1985, on second reading without the above language; seconded by Councilwoman Walls. All in favor, motion carried. Taddune explained there has been public input at Council meet- ings, the public hearing was closed, and the ordinance was passed on second reading. Richie Cohen said the clarification of this language is indicative of the hurry with which this was passed. Cohen said this is the least publicized legislation Council has undertaken. Suzanne Caskey, Clean Air Advisory Board, said there has been public comment on this ordinance taken at four Council meetings; there were two study sessions with the Council; there was an extra special public hearing, which was publicized. Citizens have been invited to attend all the Clean Air Board's meetings. ORDINANCE #59, 1985 -Establishing Clean Air Board Councilman Isaac moved to read Ordinance #59, Series of 1985; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #59 (Series of 1985) AN ORDINANCE ESTABLISHING THE CLEAN AIR BOARD; DESCRIB- ING THE COMPOSITION OF THE BOARD, THE TERMS AND QUALIFICATIONS OF IT EMBERS, AND LISTING THE POWERS AND DUTIES OF THE BOARD was read by the deputy city clerk Councilwoman Walls moved to adopt Ordinance #59, Series of 1985 on first reading; seconded by Councilman Collins. 25 Regular Meeting Aspen CitV Council October 15, 1985 City Attorney Taddune told Council this ordinance is to establish a board to hear variances on both the fireplace and the smoking ordinances. Staff has recommended the director of environmental health be the administrator for the city to determine variances from the 15 foot limitation set forth in the Clean Indoor Air Act with the ability of the Board to hear appeals from the environ- mental health director. Taddune read his changes into the record to accomplish this. Councilwoman Walls moved to accept the amendments; seconded by Councilman Collins. Roll call vote; Councilmembers Isaac, yes; Collins, yes; Walls, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ESTABLISHMENT OF PES~/WEED DISTRICT Jim Duke, weed control director, reminded Council earlier this summer they had voted to fund establishment of a weed control district. Duke said in order to vote on a district, a person has to own 5 or more acres; not very many people within the city could vote. Duke said he wanted to give Council a chance to review this and see if they want to be part of the weed district or work outside the weed district in an informal fashion. Mayor Stirling moved the city Council vote not to be included in this district at all; seconded by Councilman Isaac. Councilwoman Fallin asked what this action would do to the golf course. Duke said either Aspen should be excluded entirely and allow those adjacent of the weed district to go in of their own accord, or have Aspen decide to join all together. Mayor Stirling said the golf course would be adjacent and would give the city the right to join the district. Mayor Stirling said this request is asking to have the entire city be part of the district and have property taxes levied. Councilwoman Fallin pointed out west end residents probably do not have the weed problem that residents surrounding the golf course. Mayor Stirling said he does not want to commit people's property taxes to this district. Mayor Stirling said this is a responsibility of the county, and they should address the problem without creating a taxing district. All in favor, motion carried. City Manager Schilling said the Council previously committed $2500 to the formation of this district and asked if this money has been spent. Duke said about $8000 has been spent in the formation of this district. Schilling said he did not think the money had been requested from the city. 26 ReGular Meeting Aspen City Council October 15, 1985 Mayor Stifling moved that if this money has not been reque sted or spent that the money be returned to the city; seconded by Councilman Isaac. All in favor, with the exception of Council- woman Fallin. Motion carried. 1986 BUDGET PUBLIC HEARING Cindy Shafer, acting finance director, recommended Council hear any public comment and continue this to October 28. Ms. Shafer said the proposed 1986 expenditures are $23,057,626; of that amount operating expenses are $10,581,226; debt service is $4,536,400 and capital items are $7,940,000. Operating revenues are $14,646,614 and other revenues are $5,624,000. Mayor Stifling opened the public hearing on the 1986 budget. The public hearing will be continued to October 28. LIOUOR LICENSE TRANSFER - The Woodstone David Fain told Council his corporation has signed a lease to operate the bar and restaurant at the Woodstone. Fain told Council they have brought in chefs from Europe and plan to have a professional restaurant. The lease requires that the restaur- ant be operated as the highest quality in the city of Aspen. Councilman Isaac asked if the premises will be remodelled. Fain said mainly the decor will be redecorated. Councilman Isaac asked if there will be handicap access. Fain said there will be a seating area on the main floor. Councilwoman Walls moved approval of the consent agenda; seconded by Councilwoman Fallin. Councilman Collins asked where the Holy Cross easements are located. Jay Hammond, city engineer, told Council one is the tank site at Little Nell, and the the other is east of the volleyball courts at Willoughby park. Hammond said there are no conflicts with existing or proposed city facilities. Hammond said there are some conditions listed for these easements. Councilman Collins asked if this has anything to do with the Aspen Mountain Lodge. Hammond said only that the Willoughby park easement will accomplishment portions of the undergrounding associated with the lodge. Councilman Collins asked who pay for the undergrounding. Ken Roberts, Holy Cross, said the easement at Little Nell will provide a back up for the ski area. Roberrs said most of the work at Little Nell will be absorbed by Holy Cross. The Aspen Mountain Lodge project is paying for most of their underground. 27 Regular Meeting Aspen City Council October 15, 1985 All in favor, motion carried. Councilwoman Walls moved to adjourn at 10:20 p.m.; seconded by Councilman Isaac. All in favor, motion carried. 28