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HomeMy WebLinkAboutminutes.council.19880125Regular Meeting Aspen Cit~Council January 25, 1988 SCHEDULED PUBLIC APPEARANCES 1 LIQUOR LICENSE HEARING - Les Chefs D'Aspen 4 LIQUOR LICENSE HEARING - Aspen Improv 4 ORDINANCE #65, SERIES OF 1987 - Non-Conformities 4 ORDINANCE #1, SERIES OF 1988 - Senior Citizens Water Rates 7 SPA AMENDMENT - Fire Station 8 CODE ADOPTION SCHEDULE & FUNDING 9 PM10 STANDARDS PLAN 10 GMP EXTENSION - Hotel Aspen 17 GMP/PUD AMENDMENT - 700 South Galena/Summit Street 18 RESOLUTION #4, SERIES OF 1988 - Colorado Department of Highways 22 GALENA STREET IMPROVEMENTS 24 RESOLUTION #5, SERIES OF 1988 - Supporting the Central American Peace Process 25 RESOLUTION #3, SERIES OF 1988 - Ballot Questions 25 BOARD AND COMMISSIONS APPOINTMENTS 25 27 Regular Meeting Aspen Ci_t~Council January 25, 1988 Mayor Stirling called the meeting to order at 5:10 p.m. with Councilmembers Isaac, Tuite, Fallin and Gassman present. CITIZEN COMMENTS 1. Walter Ganz asked whether Council would be willing to meet next Monday with Ken Torp, the person who will conduct further study on consolidation. Torp will be in town Monday and will be available to meet with city officials. Council agreed to meet with Torp at 6:30 on February 1 after the study session with CCLC. SCHEDULED PUBLIC APPEARANCES 1. Mayor Stirling said Council will acknowledge the Aspen Restaurant Association and all that they have done for the community at the next Council meeting. 2. Council presented the award of financial report achievement, an award presented by the Government Finance Officers Association to those individuals who have been instrumental in their governm- ental unit in achieving excellence in financial reporting. Mayor Stirling said this is the fourth year this award has been received by the city. Mayor Stirling presented the award to finance director Cindy Shafer. COUNCILMEMBER COMMENTS 1. Mayor Stirling said the CAST meeting in Aspen last weekend showed off Aspen in a very positive way. Mayor Stirling thanked Patsy Malone who did a thorough job of organizing the entire event, and Bob Anderson who organized the program. Mayor Stirling said this was the first CAST legislative tour held in Aspen; there was a lot of positive feedback from all people who attended it. 2. Mayor Stirling said the Mayor and City Manager of Park City, Utah, attended this meeting. They have a lot of interest in coming to Aspen the week of April 4 and would like to have a work session with Council to share ideas and exchange thoughts. Mayor Stirling said he will set this up if Council is interested. Council indicated they were. 3. Mayor Stirling said Council ought to have a separate meeting on the joint manager evaluation. Council scheduled a work session for February 15 at 5 p.m. 4. Mayor Stirling said he received a draft from Dwight Shellman on RFTA and would like it as an agenda item for the February 8th meeting. Mayor Stirling said he will circulate this to Council. 1 Regular Meeting Aspen Cit~Council January 25, 1988 5. Mayor Stirling said he has had calls from citizens about cars that are snowed in around town. These cars are taking away parking spaces and making it hard to plow the streets. Mayor Stirling said the impound lot is filled. John Goodwin, police department, said they may offer a deal on storage for people who already have their cars in the impound lot. City Manager Bob Anderson asked about the status of the secondary impound lot. Jay Hammond, city engineer, told Council he will have to check on the impound lot and report back. 6. Councilman Tuite said he talked about parking with the Mayor of Snowmass, who suggested Council look at putting plywood sheets on Wagner Park and using it as temporary parking as an experi- ment. Councilman Tuite said he discussed this with staff, who feel there is a potential danger to the field and would not want to use Wagner Park in that manner. Councilman Tuite suggested pursing this idea on the Rio Grande playing field and would like to know if there is support for this idea, and if the city can do it legally. City Manager Bob Anderson said it would be dangerous to use Wagner park f or the experiment but will look into using Rio Grande. Councilmembers Fallin and Gassman agreed staff should pursue looking at using the Rio Grande field for parking. 7. Councilman Tuite asked for an update on traffic signals on the highways and if there has been any progress with the state. City Manager Bob Anderson said there used to be a traffic control box the city could open and manually control the lights. When the state coordinated the signals, they took this box off. Anderson said staff intends to petition the highway department to see if the city can get some control of the signals back. Anderson told Council he will pursue this. 8. Councilman Isaac said he is not in favor of using the Rio Grande or Wagner f or parking. 9. Councilwoman Fallin brought up the construction on Hyman Avenue which is very cluttered with trailers and porta potties and out on to the street. Councilwoman Fallin said earlier Council discussed having all construction off the streets by December 1st or 15th. Alan Richman, planning director, told Council there ought to be an ordinance to effect this. Vail has an administrative policy that all construction should be off the streets by Thanksgiving. Councilwoman Fallin pointed out this site is taking up 6 parking spaces in a critical area of town. Councilwoman Fallin said she would like to have an ordinance to have this enforceable and that construction equipment cannot be in the city-right-of-way after a certain date. 2 Regular Meeting Aspen City Council January 25, 1988 10. City Manager Bob Anderson told Council there was some unclarity whether Council wanted to have joint meetings with P & Z on the Hadid Aspen Mountain Lodge or whether Council wanted to be there as observers. Anderson told Council the original date for the P & Z meeting was February 16; however, the applicant has not given the city necessary documents. The tentative P & Z meeting is March 1st. Councilman Isaac said he would prefer to be invited on an informal basis to give P & Z the right to make their own decision. Councilmembers Fallin and Gassman agreed. Councilwoman Fallin said to avoid having the applicant make two lengthy presentations, Council can attend the P & Z meeting. Alan Richman told Council there is still no application into the city, and the first P & Z meeting will be March lst. 11. City Manager Bob Anderson said Council and the Commissioners should have a joint meeting on joint law enforcement and on joint office space. Council scheduled this for February 9th at 4:00 p.m. 12. Mayor Stirling brought up (h) 1010 Ute height variation on the consent agenda. Mayor Stirling said the applicants have recontoured the property dramatically. The staff says that the elevation was omitted on the final plat. Alan Richman, planning director, told Council the Code says for a variation to be granted by the city, it must be granted explicitly. The plat must state the city has granted a height variation. This requirement was not recognized on the plat, but it was clear throughout the discussion that a height variation would be required. Gideon Kaufman, representing the applicant, told Council the planning office was concerned about the grading plan. The applicants gave a grading plan early and the pad elevation was shown from the very beginning. It was assumed by showing the pad elevation from the beginning that that was going to be the height shown. The Code states it has to be shown on the plat, and it was not shown on the plat. Kaufman pointed out it was shown as the pad elevation at all the meetings. Richman said Council is not granting a variation in the size of the building but a variation in the point at which the building is measured. 13. Councilman Isaac said he would like to take Bass park off the consent agenda. Councilman Isaac said he would like to request that the agreement be for 20 years in exchange for paying all the taxes. Assistant City Manager Mitchell told Council the city is paying the taxes now. City Attorney Taddune told Council the city tried to get a longer lease. Taddune told Council the Basses wanted to be indemnified outright for all liabilities. Taddune said the city should only be liable for those things they 3 Regular Meeting Aspen Cit~Council January 25, 1988 have control over, so an insurance solution was worked out. Councilman Isaac and Mayor Stirling in favor of taking this off the consent agenda; Councilmembers Tuite, Gassman and Fallin opposed. Motion NOT carried. 14. City Attorney Taddune told Council he needs an executive session to discussion the Aspen Post case and the Castle Ridge lawsuit. Councilman Tuite moved to have an executive session on those two issues on February 8; seconded by Councilwoman Fallin. Taddune told Council these both involve strategies and Council will have to give some direction on how to proceed. These directions may have financial consequences. Taddune said it will be in the people's best interest to discuss this in executive session so the monetary aspects are not public. Council requested the executive session be scheduled at 4:30 p.m. All in favor, motion carried. LIQUOR LICENSE HEARING - Les Chefs D'Aspen Mayor Stirling said the applicants have withdrawn their applica- tion. LIQUOR LICENSE HEARING - Aspen Improv Councilman Tuite moved to table this to February 8, 1988; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #65, SERIES OF 1987 - Non-Conformities Alan Richman, planning director, presented a memorandum outlining the changes made since the last Council meeting including making the entire ordinance consistent with the philosophy provided by Council. Richman said in the purpose section it is made clear this is not an abatement ordinance and integrated some language from the prior ordinance. Some new language specifically say s this should not be construed as an abatement provision. Richman said in 24.13-2(g) there is clarity about the restoration provisions regarding non-conforming uses. The restoration provisions were to be deleted from non-conforming structures but to remain in non-conforming uses. Richman said it should be very clear from reading this how the willful and non-willful destruc- tion work together. Richman said in 24-13.3 there was concern about a non-conforming structure left vacant f or a year . The abandonment provision has been deleted for non-conforming structures but remains in non-conforming uses. 4 Regular Meeting Aspen Cit~Council January 25, 1988 Richman said the major change is deleting all language regarding willful and non-willful destruction. Richman said he does not fully support this direction. Richman agreed that the abatement provisions could be very damaging to the small homeowners. The 50 percent provision was too strict and may hurt those that want to restore a small non-conforming house. Richman said for some structures that are too large for the present Code, in 20 years when the useful life of the structure is over and the owner wants to bulldoze it, the structure should not be rebuilt to its current size. Richman pointed out the way this section is written, structures will be rebuilt back to their existing size. Richman said he has some ideas that will insure that small rehabilitation of structures is not effected but t otal demoli- tion will give the community an opportunity to see its regula- tions complied with. Richman said the neighborhood has the right to expect some day regulations will be complied with. Richman said at the last meeting Council brought up the single family homes in the CC zone district. Richman said staff concurs that they are not interested in seeing the non-conforming use provisions result in these houses being taken down. Richman said this affords another opportunity to provide a historic incentive. Richman suggested adding to the permitted use list that single family houses which are historic landmarks would be permitted uses. Richman said this will have to be brought to P & Z in another ordinance for their recommendation. Council agreed with this amendment. Craig, code consultant, said Council was interested in knowing why staff recommended phasing out of non-conformities in willful destruction. Craig said staff looked at Council's policy regarding non-conformities to see if it was their desire to see these phased out over time or was it Council' s desire to maintain status quo. Craig said generally in non-conforming provisions the intent is to allow structures that are non- conforming to continue through their life and not create a hardship on a property owner. Craig said this is a good mechan- ism to phase out non-conforming uses and that is why the provis- ion was drafted that way. Craig pointed out Council could potentially put these non-conforming structures at a competitive advantage in the future. Craig said if a person is allowed to redevelop a structure that is substantially larger than the regulations allow, the value of that property right is greater. Mayor Stirling opened the public hearing. Gideon Kaufman noted there were a lot of people present for the last public hearing who got an impression of the direction Council wanted to take. Kaufman said a lot of those people are 5 Regular Meeting Aspen City Council January 25. 1988 not present at this Council, and it would be unfair to change the philosophy from last meeting. Kaufman said an 8,000 square foot house has so much value in it today that no one is going to tear that structure down and rebuild it. Kaufman said the likelihood of that happening is 20 years away. Kaufman said this ordinance addresses a continuing philosophy the city has had for the last 10 years, which is that as changes are made to the area and bulk requirements, this is imposing hardship on the structures that the city wants to help. The people who have just built struc- tures have maximum value in their houses, as well has having built to the latest series of regulations. Kaufman said the city should allow people to continue to expand as long as it does not increase the non-conformity. Mayor Stirling closed the public hearing. Councilman Isaac asked if someone has a non-conforming house because of setbacks and they want to redo 90 percent of the house, can they keep it as a non-conforming house. Richman said the way the ordinance reads now, they can do that as long as they do not increase the degree to which it is non-conforming. Richman said they can rebuild in the encroachment because they are not expanding the degree of the non-conformity. Councilwoman Fallin said she interprets it that if the house were torn down, the owner would not be able to build in the encroachment. Richman said originally, when the 50 percent was in the ordinance that was a standard to say beyond where a person had to come back into conformance. Richman said the city has to have a standard in order to measure. Richman said if the standard is complete tear down, there will not be any tear downs of a structure. Richman agreed that if the 50 percent standard happens when a person adds a bedroom or remodels a kitchen, that is not what the city was after. That is far too stringent. Richman told Council the previous approach looked at the value of the structure, there may be an approach to look at the value of the structure and the land together. Councilman Isaac said he is interested in eliminating a non-conforming structure if that structure is gone. Councilman Isaac said he cannot see continu- ing a non-conformity if there is nothing to continue. Richman said he will look at alternatives, and it would be most fair to bring it back to the next Council meeting. Council indicated they are interested in looking at some alternatives. Mayor Stirling moved to continue the public hearing to February 8, 1988; seconded by Councilman Gassman. Councilman Gassman said tying replacement to the land cost does not make sense because they are independent things. Councilman Gassman said now there is some relationship between land costs 6 Regular Meeting Aspen Cit~Council January 25, 1988 and construction costs but that may not be the case in the future. Richman said some alternatives may be percentage of the structure. All in favor, motion carried. ORDINANCE #1, SERIES OF_1988 - Senior Citizens Water Rates Cindy Shafer, finance director, told Council these rates were necessitated by going to the new water management rate system. The rates identified in the current Code no longer apply because they are calculated on a different basis. Ms. Shafer said the ordinance addresses senior citizens rates for those people on meters and those not on meters. The ordinance assesses senior citizens on meters only for the demand charge and not for the variable charge. Ms. Shafer said if usage is the same, this will result in no greater than about a $5 a month increase for a senior citizen on a meter. Ms. Shafer told Council there are 5 seniors on flat rates. Under the ordinance, the proposed rate is 50 percent of what the rate would be if these people were not senior citizens. If this is the adopted method, 2 people would have an average increase of less than $5; the remaining 4 would have an average increase of $7 to $14.50 per month. Ms. Shafer said Council could consider reducing the flat rate charge from 50 to 35 percent. Ms. Shafer told Council the difference to the city using the 35 percent is about $600 annually. Mayor Stirling opened the public hearing. Margaret Albouy asked if this applies to water users in the county. Ms. Shafer told Council this applies to any water user who is qualified under the guidelines set up by the senior services administrator. Ms. Shafer said this ordinance proposes no more than a $14.50 increase for any senior. Mayor Stirling closed the public hearing. Councilman I saac asked if other people can qualify under thi s hardship provision. Ms. Shafer said this identifies senior citizens and hardship cases as approved by the finance director and water superintendent. Mayor Stirling moved to adopt Ordinance #1, Series of 1988, amending it to reflect that change from 50 percent to 35 percent for the total charge for unmetered water service; seconded by Councilman Tuite. Roll call vote; Councilmembers Isaac, yes; 7 Regular Meeting Aspen Cit~_Council January 25, 1988 Gassman, yes; Fallin, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. SPA AMENDMENT - Fire Station Steve Burstein, planning office, told Council this is a proposal to build an office addition of less than 700 square feet in between the Thrift Shop and the fire station for the fire marshal and fire chief. Burstein said this is an SPA plan for the entire property as well as a GMP exemption for an essential public facility. In 1982 the land was zoned SPA, at which time area and bulk requirements were set for the parcel. This addition does meet these requirements. Burstein told Council the engineering department has raised some concerns about the parking on Hopkins avenue that is for fire department personnel only. Burstein told Council the plat issues are resolved at this point. The parks department thinks the landscaping plan is satisfactory and has recommended an irriga- tion system. HPC and P & Z have both reviewed this proposal; HPC has given conceptual approval. P & Z has recommended approval subject to 5 conditions. Burstein pointed out there is a 58 foot setback that will retain the Willard Clapper park. The fire department is going to make some landscape improvements to that area. Burstein said more on-site parking cannot be provided without change to the property. The applicants have agreed to mark 5 parking spaces in the alley. Burstein said staff recom- mends approval subject to the 5 conditions listed in the memoran- dum. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Fallin asked if the fire department is going to give up some of the on-street parking on Hopkins. Councilwoman Fallin said if there are going to be 5 spaces in back of the building, 2 of them designated, then they should give up 3 spaces on the street to public parking. Daryl Grob, fire department, told Council these on-street parking spaces are a consequence of having a volunteer fire department and bringing people in from the outside rather than having them inside the station. Council- woman Fallin said right now the fire station is existing without the 5 spaces in back of the building and will be getting 3 extra spaces. Grob said the fire protection board feels the parking at present is inadequate. Councilwoman Fallin moved to adopt the SPA as outlined in the planning office memorandum of January 20, 1988, with the condi- tion that 3 of the parking spaces reserved f or the fire district 8 Regular Meeting Aspen Cit~Council January 25, 1988 on the street be relinquished back to the city; seconded by Councilman Gassman. Councilman Isaac said he is not interested in taking away any parking spaces. The volunteer firemen have to be able to get into the station and into the trucks as fast as they can. Councilman Isaac said the current parking is barely adequate. Councilman Tuite said he would rather discuss the parking spaces at another time when the fire district is prepared to do so. Bob Walker, contractor, told Council the 5 parking spaces behind are not being added in this proposal. What was added was that the spaces for the fire chief and fire marshal will be designated. When the original SPA was granted, the engineering department required there be a minimum of 5 parking spaces created in the alley and they have been there since 1982. City Manager Bob Anderson asked if the trees that are going to be lost will be saved. Walker some junipers and tiny aspen trees were removed. There was a large blue spruce trees that was moved to another part of the site. There was a cherry tree that the parks department moved to another city property. Councilmembers Fallin and Gassman in favor; Councilmembers Isaac, Tuite and Mayor Stirling opposed. Motion NOT carried. Councilman Isaac moved to approve the SPA plan and GMP exemption for essential public facilities at the fire station subject to conditions 1 through 4 in the planning office memorandum; seconded by Councilman Tuite. Councilman Tuite said he would like the input from the fire district on the parking spaces. All in favor, with the exception of Councilwoman Fallin. Motion carried. CODE ADOPTION SCHEDULE & FUNDING Alan Richman, planning director, said Council needs to select a strategy and time f or adopting the new code as well as address funding requests. Richman recommended Council move forward with an intense adoption process. Richman said Council will have the code for first reading on February 22, 1988 with public input throughout the month of March. Richman said staff feels if the process is too spread out, continuity will be lost. Richman requested two work sessions March 7 and 21 with 2 or 3 hours, the rest of the schedule is for regular Council meetings. Richman told Council staff and P & Z has moved through every item and has made the changes requested by Council. Richman told 9 Regular Meeting Aspen Ci. tS~_Council January 25, 1988 Council the publication requirements for this ordinance will cost money. Richman said staff has tried to come up with a strategy to avoid this cost to the taxpayers but cannot recommend any option other than publication. The Charter is quite specific about publication following first reading of an ordinance. Richman said the Charter also states if there are any amendments, the ordinance will have to be published in f ull after adoption. City Manager Bob Anderson said there is an election scheduled before adoption of this ordinance, and Council could have a Charter amendment regarding publication of these types of ordinances. Anderson told Council there is a question in front of the state legislature to allow statutory cities to have the power to publish by reference. City Attorney Taddune told Council there are exceptions in the Charter for adopting stan- dard Codes, which this is not. Councilman Isaac said it makes sense to delay adoption of this ordinance a few weeks and putting on a ballot question about publication of ordinances. Taddune pointed out state law requires, in order to change the Charter, Council must enact an ordinance and submit it to the electors. Taddune said there are a lot of proposed questions to be submitted to the electors at a special election. Councilwoman Fallin moved to discuss this item under VII (i) Ballot Questions; seconded by Councilman Tuite. All in favor, motion carried. Richman said this will have to be printed as part of the code after it is adopted. Money for this has not been budgeted. Mayor Stirling moved to allocated from contingency a ceiling of $10,000 for codification; seconded by Councilman Isaac. All in favor, motion carried. PM10 STANDARDS PLAN Mayor Stirling said the purpose of this item is for Council to establish a draft plan. Council will have a public hearing o n that draf t plan February 8th. Lee Cassin, environmental health department, told Council the health standards are not arbitrary standards. These standards are what the body can stand, and are based on studies done on increased illness associated with high pollution levels and reviewed by scientists and physicians. From these studies, scientists have determined what they think are healthful levels of different types of pollution. Ms. Cassin stated the 24 hour standards are just as important to health as the annual average level. 10 Regular Meeting Aspen Cit~_Council January 25, 1988 Ms. Cassin said another issue that comes up is the sufficiency of the data. Ms. Cassin said Aspen has had consistent violations of the health standards over the last 11 years. Aspen is in the group 1 category not due to one high days but due to the highest days over the last 3 years; due to the annual averages over the last 3 years, and due to the moderately high days. These 3 things combine to put Aspen in the high priority group. Ms. Cassin said someone has mentioned that Aspen's pollution levels might have been going down. Ms. Cassin said staff asked the state health department to do an analysis to determine if the pollution levels are going up or down. Ms. Cassin said the state health department looked at the second highest level days, and these have gone strongly upward over the last 5 years. Ms. Cassin said another issue that comes up is if there are just a few bad days, why not do something on those days. The primary reason is the total inability, technically, to predict when these days happen. Ms. Cassin said the bad pollution days are random, they are not associated with the same weather patterns. Ms. Cassin said another issue when Council is picking the program s they want to implement is whether they are more concerned about the 33.2 percent, just meeting the standard on paper, or at the end of 3 years meeting the health standard. Ms. Cassin said the city could find lots of ways to make the numbers add up to 33 percent, but if the Council does not think a certain element of the plan can be done, it should not be included because at the end of 3 years, the city will not be in compliance. Ms. Cassin said it is important to focus on things in the plan are things Council really believes will happen. Ms. Cassin said another issue is are toxics more important than less toxic parts of the PM10. Ms. Cassin said another issue is the importance of individuals to do what they want with their property versus the rights of the public to have their health protected. This is a fundamental issue in determining what Council would like to do with the plan. Ms. Cassin told Council another issue is the equity and fairness of sharing the burden among the population. If Council feels that equity is important, they would want to share the burden with fireplaces and stoves and all types of units. Another issue is the county versus city. Ms. Cassin said the Council should come up with the 33 percent entirely within the city and not count on the county. Ms. Cassin said the county seems to have reservations about some elements of the plan. The county seems to be interested in finding out what is the least they can commit to. 11 Regular Meeting Aspen Cit~Council January 25, 1988 Ms. Cassin told Council she tried to think of all the ways the Council could come up with 33 percent. Putting gas logs in all the fireplaces and replacing all the uncertified stoves would give 40 percent compliance. Requiring gas logs in all the fireplaces alone would give 34 percent compliance. Another option would be replacing or removing uncertified stoves, an approved aggressive street cleaning program, and only putting gas logs in multi-family and lodge projects would achieve 33 percent compliance. This is not being advocated by staff or the Clean Air Board. A fourth option would be gas logs in multi-family and lodge fireplaces, a very aggressive street cleaning program, which would get at 33 percent if Council is optimistic about how much benefit the city would get from the street cleaning program. Ms. Cassin said she tried to come up with 33 percent not doing the gas log conversion. Ms. Cassin said if the city replaces uncertified stoves, pursues an aggressive street cleaning program, and tries to gain credit from voluntary gas log conver- sion and a voluntary no burn program, the plan would still have to come up with 10.5 percent. Councilman Isaac asked why the city should have a plan if the county is not going to adopt a plan. Ms. Cassin said the EPA would say that the city has to do something at least in propor- tion to its contribution. Ms. Cassin told Council the city contributes most of the street sanding and most of the restaurant grill emissions and most of the fireplace and stove emissions. Councilwoman Fallin asked why the EPA is saying the city has to do this program, and do they understand where the boundaries between the city and county are. Ms. Cassin said Pitkin County is listed as an entity in the group 1 category. The EPA does not care how the 33 percent compliance is come up with. If the county had a program to take care of the entire 33 percent, the EPA would not care. Ms. Cassin pointed out the county only has to do what it contributes; they cannot be responsible f or the city's share. Councilwoman Fallin said if the city did everything on the program and the county did nothing, is there going to be a significant clean up. Ms. Cassin said if the city adopts a program to come up with 33 percent compliance and the county maintains the air quality, the city and county will be in compliance. Ms. Cassin said the county will not have to do much to maintain compliance with their existing laws. City Manager Bob Anderson said he senses that the county will be reasonably consistent with the city's plans within the metro area. Mayor Stirling said the city should not just be seeking 33 percent. Mayor Stirling said the city should come up with a program because it is the right thing to do; it is a safety, 12 Regular Meeting Aspen Cit~,.Council January 25, 1988 health and welfare issue. Mayor Stirling said some good work has been done by citizens critiqueing the methods of testing; however, there is a problem, which is not going to go away. Mayor Stirling said Aspen should address the issue of depletion of f orests world wide. Mayor Stirling said the Council is not talking about tearing out fireplaces but changing the source of fuel in fireplaces. Mayor Stirling said the hot house effect is being documented world wide. If the city is not a player, they are a part of the problem. Mayor Stirling said other communities have taken more radical approaches. These communities were warned they would lose tourists and businesses. Mayor Stirling said if the Council is not willing to address the RFTA and the polluting buses and make this part of the plan, then Council cannot ask citizens to participate in the program. Mayor Stirling said all the buses should be retrofitted, small more efficient buses should be used, the fuel in all the buses should be changed, and there should be a downtown shuttle. Mayor Stirling said there has to be some level of cooperation between the city and county. Mayor Stirling said he does not want to wait for the county; the city needs to set the standard. Mayor Stirling said he does not feel a voluntary program will allow the city to get the level of clean air they want. Mayor Stirling said he does feel Aspen has the opportunity to hav e a more successful voluntary program because of the size and the efforts to raise consciousness in the community. Ms. Cassin said one part would be handled by the environmental health department, brochures, technical information. There are some efforts that are more effective when they come from the grassroots. Tom Dunlop, environmental health department, said the realtors have been taking out ads in the paper. Mayor Stirling suggested adding under 1(e) voluntary no burn days by lodges and condominium complexes. Mayor Stirling said the Clean Air Board should take the leadership in this type of effort and work with other citizen groups. Councilman Tuite said he would like to see the lodging community, who would be most effected, get involved in the voluntary effort. Council indicated they are in favor of a continuing voluntary education program, and to instruct the environmental health department to follow up on that. Number 2 is a proposal to adopt ordinances that would require the installation of gas logs in all fireplaces installed in any new construction. Councilwoman Fallin said if a person were to install gas logs, could they have a fireplace in every room. Ms. Cassin said the Clean Air Board felt that given the fact that gas logs go only in wood burning fireplaces, they were reluctant to 13 Reqular_Meeting Aspen Cit~Council January 25, 1988 come up with a number of how many extra gas fireplaces should be allowed. Ms. Cassin said the Clean Air Board wants the ability to come back to Council to make this law more lenient after it can be seen how much compliance there is and how much cleaner there air is getting. Ms. Cassin explained the CAB did not want to permit extra fireplaces when the city is not in compliance. Ms. Cassin said allowing one extra per building does not help the multi-family dwellings, and allowing one per unit may be getting too many fireplaces. Mayor Stirling moved to initiate ordinances in the spring of 1988 by the first meeting in April requiring the installation of gas logs in all fireplaces of all new construction; seconded by Councilman Isaac. Councilman Gassman said he has had reservations about this program and that the city has been operating on incomplete data and is not sure exactly what the problem is. Councilman Gassman charted 1984 and 1985 showing daily precipitation, high and low temperature, and total solid particulates. Councilman Gassman said there is only one case in 3 winters of exceeding any pollution standard when the daily high is below 32 degrees; there is no instance in 3 years when there is cold whether when the city has exceeded the pollution standard. Councilman Gassman said if the majority of the problem is fireplaces, this does not make any sense. People do not stop using their fireplaces at 32 degrees. Councilman Gassman said if the problem is fireplaces, the pollution should get worse when its cold. According to this chart, it is better when it is cold. Councilman Gassman pointed out in December 1984, it rarely got above freezing and the pollution is below summer levels. Councilman Gassman said there is only one case in 3 years, June 1984 when it snowed 2 feet, that the city exceeded a pollution level before the streets were being sanded. Every case of exceeding a pollution level in 3 years, except one, occurs after the streets are being sanded. Councilman Gassman said the peaks of total solid particulates always follow within 4 to 6 days a major snow storm, which is when the streets are sanded. Council- man Gassman said it looks as if street sanding is much more a contributing factor. Councilman Gassman said the estimates of changing all the fireplaces to gas logs is $3,000,000. If the community is going to spend that kind of money to do something about pollution, and the major sources of pollution is street sanding, the money should be spent where it gives the most impact. Councilman Gassman said he is not advocating doing nothing but feels that the distribution is not right. Councilman Gassman pointed out this chart would also suggest why voluntary programs have not worked. If fireplaces are not 14 Regular Meeting. Aspen Cit~Council January 25, 1988 contributing the major pollution, then a voluntary program will not work because it is not solving the right problem. Councilman Gassman said the new PM10 test filters will be able to tell the sources of pollution. Ms. Cassin pointed out that sanding material is almost exclusively large particles; wood burning is exclusively small particles, PM10 particles. High levels of total particles will track more closely with road sanding than PM10 levels do. All in favor, with the exception of Councilman Gassman. Motion carried. Mayor Stirling moved to adopt an ordinance in May 1988 requiring all existing fireplaces and stoves to be registered; seconded by Councilwoman Fallin. All in favor, motion carried. Mayor Stirling moved to adopt ordinances by August 1, 1988, requiring that existing f i replaces have gas logs installed in them or that they be removed or permanently sealed b y 3 years after the EPA approves this strategy; seconded by Councilman Isaac. All in favor, with the exception of Councilmembers Tuite and Gassman. Motion carried. Mayor Stirling moved to adopt ordinances that existing stoves be replaced with certified stoves within 3 years of approval of this strategy by the EPA; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Gassman. Motion carried. Ms. Cassin explained #6, which is to require that all stoves purchased also purchase 4 replacement catalysts, is recommended by the Clean Air Board for the metro area. When a person buys a certified stove with a catalyst in it, it is clean for 3 to 5 years. After that, it is very littler cleaner than a dirty stove. The idea is if a person has extra catalysts, they will put them in and the stove will stay clean. Councilman Tuite said these catalysts are not cheap and having them does not mean people will change them. Councilwoman Fallin said technology will change and people may be stuck with these catalysts. Mayor Stirling moved the city will use the hardest available sanding material that is safe and at a reasonable cost; seconded by Councilman Tuite. Councilman Gassman said the city does not know what a reasonable cost is because the contribution of sand versus fireplaces is not known. All in favor, motion carried. 15 Regular Meeting Aspen City_Council January 25, 1988 Storing the flusher truck at the RFTA barn is being done and the city will continue to do so. #9 is to evaluate a parking restriction program on Main street to determine whether this improves street cleaning effectiveness. Ms. Cassin told Council she made this very general so the city is not closing down Main f or a winter. The staff has plans to do this block by bock, experiment and see if it improves the effectiveness. Mayor Stirling said he is not in favor of closing all of one side of Main street for an entire winter. Anderson said the data may help the city be more strategic with the closing of Main street and help do a more thorough job of snow clearance. Councilman Isaac said he is not in favor of this until there is an alternative location for the cars. Ms. Cassin said the plan is to only take one block and see if having no cars for a few weeks makes cleaning easier. Councilwoman Fallin said closing Main street for certain days or hours will not make a serious impact. Council agreed to pursue this item. #10 is to require pollution controls on new charbroilers and require charbroilers in new and extensively remodelled res- taurants and restaurants that change hands. Councilman Isaac said he has problems with the last category in an instance where just the ownership structure changes. Council agreed they were in favor of new and extensively remodelled restaurants installing charbroilers. Councilman Tuite said if the program to put charbroilers in sold restaurants is very effective, he would support it; however, if the results are questionable and the costs are very high to restaurants, can the money be better used somewhere else. Dunlop said the restaurant contribution to the pollution problem is much smaller than other sources. Dunlop said pollution controls on new and extensively remodelled restaurants is already on the books. Mayor Stirling proposed a new item, that Council work with the Commissioners to accomplish items including retrofitting all the buses, going to smaller buses wherever possible particularly the in-town routes, implementing a downtown shuttle system, changing the fuel and continuing to work with fuel technology to get less polluting f uel, not allow the buses to idle any longer than 5 minutes, follow up the down valley frequency to 30 minute headways, have the RFTA go after more aggressive public informa- tion and marketing, pursue the issue of high occupancy vehicle lanes, continue to pursue Aspen - Snowmass transit concept until Council decides this is not viable, and work on other service improvements. Council requested a resolution be drafted to go to the Commissioners and RFTA. Councilman Isaac moved to add to the plan to construct a parking structure per the transportation plan; seconded by Councilwoman 16 Regular Meeting Aspen City Council January 25, 1988 Fallin. Ms. Cassin said the plan should state Council is taking this to the voters for funding rather than Council is going to build a parking structure. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Councilman Tuite asked why wood for fireplaces is not addressed in this plan. Ms. Cassin said wood does not make enough dif- ference in the air to come close to complying with the plan. The enforcement is tough. Councilman Tuite said he would like to see a wood management program included in this plan. The city should try everything they can. Council agreed they want staff to pursue this as part of the overall program. Mayor Stirling said he would like the program to state the city is actively seeking the cooperation of Pitkin, Eagle and Garfield counties. Mayor Stirling said there are some theories that the wind brings in a certain amount of pollution. Mayor Stirling suggested the plan state the city is seeking the cooperation of Pitkin county only. Council agreed with that. Mayor Stirling moved to table the public hearing on the PM10 implementation plan to Tuesday, February 9, 1988 at 5:00 p.m.; seconded by Councilman Tuite. All in favor, motion carried. GMP EXTENSION - Hotel Aspen Cindy Houben, planning office, told Council this is a request for extension of time for the Hotel Aspen to submit their building plans for their 1984 growth management allotment f or additional units. Ms. Houben told Council in 1987 Council gave the Hotel Aspen an extension to January 1, 1988, and they are requesting an additional 90 day extension to get the financing in order. Staff recommends an extension to April 1, 1988, with the condition they deed restrict the employee unit and file that restriction with the housing authority within 30 days of this approval. Ms. Houben explained the section that allows extensions to take place states an applicant has to comply with any conditions placed on the agreement. The applicants have not yet filed the deed restriction with the housing authority. Councilwoman Fallin said the applicants have had 33 months, what will be accomplished in the next 90 days to get the project going. Rich Luhman, representing the applicant, t old Council there is a signed contract, there are completed plans. This matter is in front of the bankruptcy court and needs the approval of the creditors to complete a sales transaction. Luhman said this can all be accomplished within this extension period. Luhman said the applicants did the renovation of the existing units without building the units allocated in the GMP. 17 Regular Meeting Aspen Ci_ t~Council January 25, 1988 Councilman Gassman moved to approve the extension for the Hotel Aspen for 90 days; seconded by Councilman Isaac. All in favor, motion carried. GMP/PUD AMENDMENT - 700 South Galena/Summit Street Cindy Houben, planning office, told Council this is a request for amendment of two projects within the Aspen Mountain Lodge PUD. 700 South Galena project requires rescoring of the growth management application, which was originally scored in 1985. Both 700 S. Galena and Summit Street require PUD amendments. Ms. Houben told Council staff and P & Z recommend approval of the PUD amendments with conditions. P & Z also recommends Council accept the rescoring of 700 S. Galena project. This is the same score that was given in 1985; the project has not significantly changed in the items that are scored in the growth management process. Ms. Houben told Council staff feels the residential portions can be dealt with separately from the hotel project as staff encouraged that the residential portion be separate from the hotel to break up the single ownership in the mountain. Ms. Houben said with the appropriate conditions placed on the application, the commitments originally provided by the applicant will be maintained. Ms. Houben told Council 700 South Galena is two duplexes with 4 units. There are some minor modifications, changing bedrooms counts from 4 bedrooms to 3 bedrooms in each unit as well as changing the number of parking spaces from 20 to 16 spaces, which is relative to the number of bedrooms provided. Ms. Houben said the architects will show Council the approved project as well as the amended project. Ms. Houben said the major issue with 700 South Galena is whether to calculate the height of this project from either street grade, existing grade, or undisturbed natural slope, and how the height of a structure is calculated. Ms. Houben told Council staff supports the requests of the applicant, which is that the .project be measured from final grade of Galena street. Galena street will be undergoing improvements with the improvement district. The maximum height that will increase in that area is 18 inches on the street, according to the engineering department. The reasons the applicants are requesting to build to grade are safety factors, getting into the parking ramp and not having the slope of ramp exceed 10 percent, drainage on site, visual perspective from the right-of-way, and open space rather than a dug out open space. Ms. Houben told Council the best information staff has are the 1974 topographic maps. The code states one is to work from an 18 Regular Meeting Aspen City Council January 25, 1988 undisturbed natural slope to calculate where building heights should start. This site has been changed over the years and the natural grade has changed. The applicant is relying on the 1974 topographic maps in terms of being within the height limit in the area. Ms. Houben said with the estimated 18 inch height dif - ference on Galena street, the buildings could be 2 to 2.5 feet higher than what was approved in 1985. It appears the height approved in 1985 was taken from the 1974 topographic maps. Ms. Houben said from a site visit, it is apparent the site has been changed. The natural undisturbed slope appears to be higher than the 1974 topographic maps. Ms. Houben said it is a good com- promise to allow the applicants to work from street grade because the slope has been disturbed over the years. Ms. Houben said the 1974 topographic maps show this as 7958 feet at the highest point on the parcel. Ms. Houben said if one took a natural grade, by looking at the cut, it would substantially higher. Ms. Houben told Council Summit Place requests some changes regarding the setbacks that were granted as well as the architec- tural design of the building. The proposal is an upgrading of an existing approved design. This is a less non-conforming struc- ture than the existing proposals. The applicant's request still does not meet the setbacks for the zone district. Staff and P & Z recommend approval of this project with conditions. Michael Thompson, architect, presented a drawing of the two duplexes for 700 South Galena. Thompson said these units relate nicely to the reconfigured Galena street. There is a hidden area for the driveway with a full parking garage underground. There is an open space area between the buildings which is visible from the street. The courtyard is at street grade and the buildings are sunken into the hill to lessen the perception of the buildings. Thompson showed elevations of the building and 28 feet height in relation to the property line. Perry Harvey, representing the applicant, told Council if the street is raised 12 inches, they would like to be able to raise the building 12 inches, up to a maximum of 18 inches. Harvey told Council the engineering department has not finished their studies of what they want to do on Galena. Harvey said they want to raise the building so there is not a vertical drop off to the garage so that people will use the garage. Don Bain, representing George and Joan Anderman, told Council his client s have a house immediately to the east of this property. Bain submitted to the record photographs and other documents. Bain said if the building were built as shown, they would have no problems with it; however, they have a serious problem with the uncertainty of how the elevations may be measured if a floating base from which to measure the 28 feet is selected. Bain said 19 Regular Meeting Aspen Cit~Council January 25, 1988 the applicants have indicated they will limit this to 18 inches, which is a concession, but the Andermans are entitled to have the elevation measured from the actual existing grade on the land. Bain said the applicants should take the land as they find it, and that is natural grade. The plan as shown is satisfactory, but if the building goes up 18 to 24 inches, it will cause a problem for the Andermans. Bain pointed out the prior approved plan had a higher elevation on some of the gables, but it was a steeply gabled building with a different visual of f ect than thi s proposal . Bain said the impact on the developer not raising the house if the street is raised will be to raise the pitch of the driveway to no more than 13 percent. Bain pointed out the prior plan from another applicant did have a 13 percent grade. Bain said this approval should be postponed until the street grade is determined, or the applicant should be required to stay with the elevations shown to Council. Jay Hammond, city engineer, told Council anticipates a 45 day design phase from approval to go ahead with the contract. Councilman Isaac asked why the Andermans have not paid their assessment f or the special improvement district. Bain said the Andermans want to see what the city is going to do. The Ander- mans did not want to agree to something that will automatically ruin their view. Councilman Tuite said if Council guarantees the difference will not exceed 18 inches, would be Andermans be satisfied. Bain said they would not be satisfied with 18 inches. Bain said this project may not get built, and his clients need some certainty. Bil Dunaway pointed out the existing law allows one to build to natural grade, which would result in a higher building. Bain stated the buyer of property takes grades as he buys it. City Manager Bob Anderson asked if the road goes up 18 inches, would the applicant be satisfied keeping the elevations as currently planned. Harvey said there are other complicated problems like ground water. Harvey said 'if the applicants have to deal with that kind of grade, it is inconvenient expensive and not the best solution f or the use of that garage, which is going to contain 16 underground parking spaces. Harvey said this project is entirely within the zoning code. Harvey said they are willing to make a concession and not to go the natural undis- turbed grade but will go to the street as it is reconfigured. Councilman Gassman said as long as the eventual height is within 28 feet of natural undisturbed grade, that is what the code says and that is what this building should meet. Bain said if this is capped at 10 inches, his clients could live with that. 18 inches is too much. 20 Regular Meeting Aspen Ci~_Council January 25, 1988 John Sarpa, representing the applicant, told Council they were able to meet 4 out of the 5 concerns listed by the Andermans. Sarpa said at 18 inches, this building is below the previous design. Joe Wells pointed out there were two prior approvals of this project. Both approvals were tied to the current defini- tion of the Code, and it was assumed that the project would be built in compliance with the definition of natural grade. Regardless of what the city decides about the road, this will be a lower project than the currently approval project. Councilman Isaac moved to approve the PUD amendment for 700 South Galena with the 4 conditions as outlined in the planning office memorandum and that this project be constructed with an 18 inch cap on the street. Motion DIES for lack of a second. City Attorney Taddune recommended Council require any amendment or additional conditions to this project be recorded independent to a major rewrite of the PUD agreement. Mayor Stirling moved to accept the 700 South Galena amendment s confirming the 1985 growth management plan allocations, to amend the PUD with 5 conditions, 1 through 4 of the planning office memo, and #5 there be a 12 inch cap in the issue of grade related to the new street improvements. Motion DIES for lack of a second. Mayor Stirling moved to approve the amendments to the PUD for 700 South Galena with 4 conditions in the planning office memorandum, adding condition #5, that the applicants be required to go no higher in their grade than the final grade of the newly improved Galena street; seconded by Councilman Tuite. All in favor, motion carried. Council was all in favor of accepting the rescoring for 700 South Galena. Perry Harvey told Summit Place is a change in design; the heights are lower, the setbacks are better than originally planned. Charles Cunniffee, architect, showed plans of the existing building, told Council they are proposing to replace the existing units with construction better suited for the site. The applicants are proposing 3 two-bedroom units, three stories, south facing. These units fall within the height restrictions; there is some variation in setback required. Mayor Stirling asked why not make correct the encroachment if the applicants are going to tear the existing building down. Harvey told Council this lot is substandard, 5400 square f eet. Harvey said the plan does not work if the building is brought entirely into conformity. Harvey told Council the applicants 21 ReQUlar Meeting Aspen Cit~Council January 25, 1988 have pushed this as much as possible to get a livable unit. Harvey said even the PUD did not deal with setback variations. Joe Wells told Council there was no easement and the area wa s under one ownership when the project was started. In the review process, the engineering department insisted on an easement, which is what established the southerly property line. Wells told Council the applicants failed to note the variation that resulted from this. City Attorney Taddune told Council the city wanted a right-of- way. If Cantrup continued Summit street, there would be a problem with the front setback. Taddune said the city decided an easement would be granted so there would be no impact on the front yard setback. Cindy Houben, planning office, told Council on the PUD plats that were filed, noting the variance was neglected. This needs to be indicated on the plat. Councilman Gassman moved to approve Summit Place, with the 4 conditions in the planning office memorandum, and the requirement of recording this document; seconded by Councilwoman Fallin. Ms. Houben recommended since the driveway issue has not been resolved that it be done prior to issuance of a building permit. All in favor, with the exception of Mayor Stirling. Motion carried. RESOLUTION #4, SERIES OF 1988 - Colorado Department of Highways Jay Hammond, city engineer, reminded Council at their last meeting they discussed a list of issues to be included in a resolution to the department of highways. Hammond told Council the EIS is currently in the scoping phase and alternatives. This is an alternative for the city to provide the department of highways with information. Hammond said they will be in Aspen to deal with this end of the highway in February or early March. Hammond said there are recommendations in the resolution f or a variety of alignments, including the direct connection, the existing alignment, the Alan Blomquist proposal, and a one-way pair alternative. The resolution discusses landscaping and aesthetic considerations, including the idea that the city may sell open space land necessary for the highway as a means of generating revenue for landscaping. The resolution also contains alternative funding possibilities, pedestrian bicycle trail continuity and safety, transit amenities, HOV and bus lanes, and supporting the Aspen to Brush Creek section as the first priority, and flexible design considerations like reduced speed, reduced pavement widths, reduced right-of-way. Councilwoman Fallin said the sale of open space has to be contingent on approval by the electorate. Hammond said he addresses the issue of whether the city can sell open space in order to fund landscaping. Hammond said how the department of 22 Regular Meeting Aspen Ci,~t~r Council January 25, 1988 highways responds may affect whether the city even wants to take this to the voters. Council requested that Hammond add to the resolution that any use of open space has to be approved by the voters. Mayor Stirling said the highway was discussed at the CAST meeting over the weekend. Mayor Stirling said he and the president of the Skiing Company have discussed going to Denver with the Chairman of the Commissioners, the Mayor of Snowmass and presi- dent of Highlands Skiing Corporation to see Governor Romer. Mayor Stirling requested Council's approval of this trip to meet with the Governor and to discuss high occupancy vehicle lanes. Mayor Stirling told Council the legislators he talked to have no interest in funding roads at this time. Council agreed with this proposed trip. Mayor Stirling moved to approve Resolution #4, Series of 1988, amending Section 1 to eliminate all alternatives except the existing alignment; seconded by Councilman Gassman. Mayor Stirling said he is trying to give a signal from this Council that one alternative is preferred, otherwise this will remain as an open issue. Councilman Gassman agreed with taking out the direct approach but would like to leave in Blomquist's proposal. Mayor Stirling said he would leave that alternative in the resolution and would amend the resolution to clarify the language about open space. Hammond pointed out the scoping phase of the EIS is the opportunity to deal with a variety of alterna- tives. Hammond told Council in August 1986 there was an elec- tion, and neither alignment received a simple majority. The direct connection was defeated 421 to 411; the existing alignment was defeated 603 to 213. Peter Forsch said it would irresponsible to not include the straight alignment that has been recommended by the traffic committee, that the voters expressed greater favor for. Forsch said the scoping session is not a recommendation for a specific alignment. Councilman Gassman said this is a resolution of the Council. Councilman Gassman said the city has been discussing this for years, and no one has been willing to make a decision on the highway. Councilman Gassman said he feels the direct alignment is a disaster and does not want to waste time and money discussing it. Councilman Isaac supported leaving all the alternatives in the resolution. The city has to work with the highway department on a creative approach to Main street. This has to be looked at through the EIS process. Councilwoman Fallin said she thinks it is wrong to be too limiting in this document. The Council can get more specific in the scoping sessions. Councilman Tuite said 23 Regular Meeting Aspen Cit~_Council January 25, 1988 he is in favor of four-laning the highway. Councilman Tuite said he does not favor the straight shot because of loss of open space and because of speed. Forsch said the public is expecting to see the straight shot as one of the alternatives, and to not look at it would cause controversy within the community. Forsch said the straight shot may not be the right alternative, but this is not the time to make that decision. Co uncilmembers Tuite, Gassman and Mayor Stirling in favor; Councilmembers Isaac and Fallin opposed. Motion carried. Mayor Stirling moved. to suspend the rules and meet f or 15 more minutes; seconded by Councilman Isaac. All in favor, with the exception of Councilman Gassman. Motion carried. GALENA STREET IMPROVEMENTS Jay Hammond, city engineer, reminded Council Ordinance #41, 1987, set criteria for the f ormation of a public/private partnership for improvements on south Galena and south Mill. These criteria included donation by the homeowners of $292,600 by January 2, 1988. Hammond told Council the homeowners have made a payment of $264,788. Hammond pointed out to f ormally change the conditions of Ordinance #41 would require a subsequent ordinance. Hammond requested approval in concept to accept the money donated by the homeowners and to proceed with the design phase of the project. Hammond told Council as the project is designed, the city may find they can do the project with the current funds, or they may trim the project to the $27,000 that is short. Councilwoman Fallin moved to accept the $264,788 and to authorize staff to proceed with detail design and cost estimating; seconded by Councilman Gassman. Councilwoman Fallin asked if there is any hope of getting the balance of the money from the homeowners. Mayor Stirling said one of the properties is under contract, and the buyer has agreed to pay his contribution when the property closes. Councilman Isaac said he would like to see the city try and get the delin- quent landowners to pay their share. Councilwoman Fallin agreed with the philosophy but questioned whether the city had any legal rights. City Manager Bob Anderson said the concept of this project was a volunteer effort by homeowners. Mayor Stirling said his only concern is that he does not want the city paying any more than the appropriated $125,000. Lee Miller said there are only 4 homeowners who have not participated in this process. Miller said he would hate to see the project stopped because only 4 people did not participate. All in favor, motion carried. 24 Regular Meeting Aspen City Council January 25, 1988 RESOLUTION #5, SERIES OF 1988 - Supporting the Central American Peace Process Councilwoman Fallin moved to adopt Resolution #5, Series of 1988; seconded by Councilman Gassman. All in favor, motion carried. RESOLUTION #3, SERIES OF 1988 - Ballot Questions City Manager Bob Anderson told Council if the question regarding publication of ordinances is to be on the ballot, it would be substantially better to have the election March 29 rather than April 5. Councilwoman Fallin said the week of March 29 is spring break and wants to stay with April 5 election date. City Attorney Taddune told Council the concern is that the land use code rewrite be adopted prior to the building season. The planning office feels there will be a lot of confusion if the new code is not adopted until late April. Taddune told Council he has been working on ballot language to amend Section 4.13 of the Charter. Taddune said when the Council adopts standard codes by reference, there is an ordinance to adopt this code, and the code is easily available to citizens. Taddune said Council would still want to invite the public t o participate in a public hearing. Taddune recommended an approv- ing resolution with a public hearing as an approval mechanism. Taddune gave Council a memorandum with proposed ballot questions and the procedure to amend the Charter. Taddune prepared a draft ordinance proposing to limit the terms of Council to 2 terms consecutively. Councilmembers Fallin, Gassman and Isaac said they do not want to meet past 9:15. Councilwoman Fallin moved to read Ordinance #2, Series of 1988; seconded by Councilman Tuite. Councilmembers Fallin and Tuite in favor; Councilmembers Gassman, Isaac and Mayor Stirling opposed. Motion NOT carried. Council said they do not want to change the election from April 5th to March 29th. Council agreed to continue the meeting to Tuesday, January 26, 1988, at 5:00 p.m. to consider the ballot issues only. BOARD AND COMMISSIONS APPOINTMENTS Mayor Stirling moved to appoint Mary Faulkner and Don Swales to Commercial Core and Lodging Commission; Jane Erb, Bill Shorr and Ellen Kohner to the Wheeler Board, and Joe Krabacher as an 25 Regular Meeting Aspen Ci_ ty_Council January 25, 1988 alternate to the Historic Preservation Commission; seconded by Councilman Isaac. All in favor, motion carried. Councilwoman Fallin moved to approve the consent agenda; seconded by Councilman Isaac. The consent agenda is Minutes December 21, 1987; Liquor License Renewal - Hotel Lenado, Sardy House, Crossroad Drug, Greenhouse Diner, Poppies Bistro Cafe; Special Event Permit - St. Mary's Catholic Church; Bass Park Agreement; Resolution #6, 1988 - Electric Undergrounding Improvement Dis- trict; Brush Creek Hydro Project Letter of Intent; Aspen Concert Association Request; 1010 Ute Avenue Height Variation Confirma- tion. All in favor, motion carried. Council left Council Chambers at 9:22 p.m. ' ~1 ~? Kathryn :. Koch, City Clerk 26