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HomeMy WebLinkAboutminutes.council.19880328Re ular Meetin As en Cit Council March 28 1988 1 SCHEDULED PUBLIC APPEARANCES • ~ 1 Sister City Report Historic Preservation Specialist. ' 1 2 PUPPY Smith . 2 Sunshine Kids. 2 CITIZEN COMMENTS • 3 COUNCILMEMBER COMMENTS 4 CONSENT CALENDAR ORDINANCE #5, SERIES OF 1988 - Land Use Code • 5 LIQUOR LICENSE HEARING - Downunder Australian Bistro 10 ORDINANCE #6, SERIES OF 1988 - CCLC Amendments 10 ORDINANCE #7, SERIES OF 1988 - Solid Waste Regulations 11 12 WHEELER BOX OFFICE HADID REQUEST TO USE KOCH LUMBER PROPERTY FOR EMPLOYEE 12 HOUSING OPEN SPACE - Silverking Drive 14 15 HOUSING GUIDELINES 17 MALL LEASES ORDINANCES 8, 9, 10, 11, SERIES OF 1988 17 ORDINANCE #12, SERIES OF 1988 - Prohibiting Construction 19 Materials in right-of-way ' ORDINANCE #13, SERIES OF 1988 -Amending Ordinance #60, 1987 21 AWARD OF CONSTRUCTION CONTRACT - City Hall 21 ORDINANCE #14, SERIES OF 1988 - Appropriations 23 2 4 BOARDS APPOINTMENTS 25 Mayor Stirling called the meeting to order at 5:03 with Council- members Fallin and Tuite present. SCHEDULED PUBLIC APPEARANCES 1. Sister City Report Len Olender told Council there were 26 delegates f rom Aspen' s 3 sister cities plus the of f i f romi United Japan. There were representatives from Swiss Air, Air Lines and Sister Cities International. Olender tW eek•ouhard $ 32 , 000 was donated or in-kind , tteel Was $3500h1 s Olender said dollars from the sister city comma over 2,000 people from Aspen participated als ofe this week was Sister City week. Olender said one of the go to bring to light what sister cities are about and the benefits to business from sister cities. Olender read a letter to Council from a Garmisch delegate saying what a great sister hest ande to this was; that it was right to get a seminar toget bring all the sister cities together. Olender said they hope to continue a sister cities week in the future, and schedule this during the off season. This is a time to share ideas and friendships. Olender said there are 20 Aspen school children going to Chamonix in May. They have raised $20,000 for this trip. Olender said people from ender said ba coming to Aspen to run classes in dF ton consulOtl on the city's representative from Davos has offere ice rink. Olender said there will be a brochure program run by all the sister cities, listing each sister city inci~ch ~ 11 rbe brochure. Olender said as a result, each sister y listed in over 2,000,000 brochures. Olender told Council the new affiliations committee has been very active. The co enitt There coming up with 10 criteria for affiliation with Asp will be an affiliation period to figure out how much interest the cities have in each other. Olender said the city is negotiating to run Aspen runners in sister cities marathons. Olender said the second part of sister city week was th ~ th ethe ship Cup. Olender said this was an incrthebintern tional teams friendship village, the snow sculptures, of ski racers. 2. Historic Preservation Specialist. Mayor Stirling ec a lista Roxanne Eflin, the city's historic preservation sp Roxanne Eflin told Council she is developing chess rforr N tional Ms. Eflin said she is in the planning p Historic Preservation week, which is May 8 - 14. Ms. Eflin gave Council a draft proclamation for that week. 1 Rectular_ Meetin As en Cit Council March 28 1988 3, puppy Smith. Mayor Stirling read a proclamation proclaiming Tuesday, March 29, 1988, Harold "Puppy" Smith day honoring his 37 ears of employment with the city of Aspen as well as his Y dedication, commitment and friendliness. 4. Sunshine Kids. Mayor Stirling said this is the second occasion Aspen has been host to the Sunshine Kids, an organiza- tion dedicated to providing activities to young children who have cancer. Mayor Stirling read a proclamation27 el A ril 3t as Sunshine Kids and proclaiming the week of March p the Sunshine Kids National Winter Games week. CITIZEN COMMENTS 1. Steve Crockett said he would like to give Councsaideoneaof on what he is hearing within the 'vemma nclear message about how a his goals is that Council recei segment of their constituency feels about the changes taking place in Aspen. Crockett said there are a lot of people as concerned as he is, and the support is overwhelmingly in favor of the issues he has been vocalizing. Crockett snchised, scared large segment of the community that hat lareltaking place in this and powerless about the changes t community. Crockett said the citizens want Councillike Council what's happening to Aspen. Crockett said he would to acknowledge this as an issue and give it its own autonomy and start to work on it. Crockett said the issue is the "boogifica- tion" of Aspen; growth/no growth; threatening of the qu Crockett life, where the town is going and where it wants to be. said the proposed new hotels of Hadid, Skiing Company- HCrockett are issues that people have questioned the need for. said there is a talk of a moratorium until the town can resolve some of its past problems rather than putting more on top of them. 2. Marge Riley asked if the state geologist's report on Aspen Mountain had ever been made. Jay Hammond, city enga nisr're ara Council Chen completed their work for last summer an p P ing a report f or the Skiing Company, who admi Bret have been contract for that work. Hammond told Council th interim reports over the past 3 years, and these are available in his office. 3. Cindy Haviland, ARA, told Council the ARA developed a parking survey and mailed it to over 1200 c ri i bualcoss of ethe holders in Aspen. Ms. Haviland gave Cou PY report. The response rate was 45 percent, or 540 members of the community. Of those responding 97 percent feel Aspen has a parking shortage; 95 percent feel the community should provide for that shortage, and 92 percent would favor a parking structure 2 ReQUlar_Meetin As en Cit Council March 28 1988 as a solution. City Manager Bob Anderson asked if the survey asked for recommended forms of payment. Ms. Haviland said the survey did. 4. Dan Arrow told Council he attended a lotizensewantga regarding the parking structure. A rid staffda a coming up with parking garage. What the consultant a are two parking garages plus a change in the pedin trarkinhagarage of this town. Arrow said doing core annexo int thatparea.g and trade off makes a commercial 5. Dan Arrow told Council he spends about 5 to 7 houa a abeing at the Ice Garden. Arrow said he feels some errors made; the boards are not that bad. The whole ice rink does not need to be replaced. Arrow said he has talked to refrigroblemn people, and the system does not seem to be that big of p The ammonia system will not blow up. 6. Larry Ledingham, lodge operator in town, told Council he has asked a lot of guests in town what they think about whommentgthat on in town. Ledingham said he has recesvedroaw~n °s concerned. things are out of control as far a g Ledingham said the flavor of the small town and what it used to be has changed. 7. Richard Roth agreed with Ledingham and Crockett.th Rn th about Council he is stopped by people be built d Ro h urged Council to the hotels that are proposed to re-evaluate issuing building permits for both haseare dealto withy buildings until the problems the d be bu It before any structures Roth said employee housing shoul are built by developers. 8. Blake Burn, a visitor, told Council he gets fromeahtoniohte of the community the f eelings that have been express g Burn said when Council is making decisions, they should remember it is the people that count and that make the town. 9. Dan Arrow said he feels Council made a mistake in giving extensions to the Hadid hotel. COUNCILMEMBER COMMENTS 1. Councilman Tuite said regarding the comments made tonight, there are concerns but this is a community problem. The Council and community do not need just negativism coming in. Citizens should try and come up with positives and alternativecitizenstare man Tuite said what helps this ssohaslkettathehtown with what always concerned, and the awarene P they have had. 3 Re ular Meetin As en Cit Council March 28 1988 2. Councilwoman Fallin said in observing the parking around town there are too many loading zones and no Pacesng Council corner" which have taken outcome no nya Pk g nhe a ato corner that woman Fallin said there are P have taken up 2-1/2 spaces. Councilwoman Fallin asked staff to go around town and re-evaluate these signs. 3. City Manager Bob Anderson told Council staffbanner over request f rom a non-profit group to h taff Necked with the state the highway. Anderson told Council s highway department; their recommendation was thatitical banne~s approv e this. Council said they do not want pol hanging on Main street. 4. Mayor Stirling said P & Z is currently hearinglshone aked amendment to the planned unit development, and there Y issue not being addressed. Mayor Stirling sathisPissue hasMayor advised by the city attorney not to address Stirling read from the Code about granting exension sof othese projects, "The City Council may grant an ext deadlines on the showing of diligence, and go xt ension bis tin applicant, and based on the finding that said e the best interest of the community, which action sdedl hat lsuch the sole discretion of tied CiriorC ton the/ endoof that deadline extension has been reques e p period, may be granted for a period not to exceed i 8A d ly 15, Mayor Stirling said the extension already exists unti p 1988. Mayor Stirling said in light of many changes of cir- cumstances in the community, if Council does not havefect ofrithis of P & Z's observations to make comments about the of proposed density on town, Council is missing an opportunity. Mayor Stirling moved Council direct P & Z over the bis asubmisf thei r hearing to comment on the issue of density of th sion. Motion DIES for lack of a second. 5. Mayor Stirling read a comment from Councilman Gassman, "As you are sitting immobile in your car on Main street flect onvthe stopped at all 3 of our 3 traffic lights, please re fact that the same guys who synchronized those lights are propos- ing to design the highway entrance into Aspen". CONSENT CALENDAR Councilwoman Fallin moved to approve the consent calendar; seconded by Councilman Tuite. Mayor Stirling said issue (e) Little Nell SPA Agreement clarific- ation should be an agenda item. Councilwoman Fallin said this 4 Rectular Meeting Aspen City Council March 28, 1988 was discussed either at Council or P & Z. Councilwoman Fallin said this clarification was made clear at those discussions. Mayor Stirling said Council did not discuss this issue. Council- man Tuite said when the FAR for the Skiing Company hotel was being evaluated, 10,000 square feet was left out. Councilman Tuite said the plans have not been changed; it is technical sFAR hotel. Councilman Tuite said he feels this is adjustment. Councilman Tuite said the Skiing Company has acted in good faith. Councilman Tuite said the gondo bu It a rondolaup as part of this process, and the Skiing Company 9 All in favor, with the exception of Mayor Stirling. Motion carried. ORDINANCE #5, SERIES OF 1988 - Land Use Code Mayor Stirling opened the public hearing. Alan Richman, planning director, told Council he is going to go over the changes in Article 8 since Council first reviewed this ordinance. Richman reminded Council to address the historic anduotalfrom d10 to c15. tives, it is recommended to increase the q Richman suggested that the total lodge quota not be he LP (old from 45 to a total of 50 but to reallocate to 15 in t L-3) zone and 35 in the lodge zone. The original quotas were 10 and 35, and the LP is recommended to go to 15. This would increase lodge growth by 5 units. Council thought it reasonable to increase the LP quota, and staff recommends this should be taken out of the other quota. Richman told Council P & Z has requested some analysis of the lodge quota. Richman said he feels that looking at the vacant lodge parcels, 35 unit quota will be too high. Richman reminded Council when the GMP was initially adopted, the lodge quota was 18 units. This was increased to 35 units in the early 1980's when it was determined that lodging was falling apart in the community. Since then, the Aspen Mountain Lodge and Little Nell hotel have been approved. Richman said he would not encourage a 5 unit increase. Mayor Stirling said he would favor increasing the small lodge quota as an incentive for upgrading and adding a few units. Mayor Stirling said he would like to go back to 25 units in the L-1 quota. Councilwoman Fallin said she would be willing to take the L-1 quota down to 30 and keep the total of lodge allocation at 45 units. Richman said he would like to keep the quota to 45 as there is no justification for an increase in the lodge rate. Gideon Kaufman pointed out when the lodge quota was increased, the commercial quota was decreased from 24,000 to 10,000 square feet. Kaufman said it makes more sense to do a study before the lodge quota is reduced without benefit of the information. 5 Regular Meeting Aspen City Council _March 28, 1988 Councilwoman Fallin said in the 70's the city lost a Theref is dno room to condominiums and to commercial space. accounting of lodge rooms that were lost durtatistics,tthey Councilwoman Fallin said if Council had all the s could find a balance in the numbers. Al Blomquist said one issue is the balance of what is in the short term market at any one time. The short term accommodations report done by the planning office took that into account. Blomquist said in the 1970's, condominium managerffd thearental showing 5 percent of their units were going o market annually. Blomquist said the balance of the economy is the total number of short term beds available v ded b onlodges. Blomquist said half of the lodging is not pro Y Richman said he concurs with increasing the small lodge quota but recommends equally decreasing the L-1 quota. Mayor Stirling moved to accept 15 units in the DIESgforalack adjust the L-1 quota from 35 to 25 units. Motion of a second. Councilwoman Fallin moved to accept 15 units in the LP quota and to change the L-1 quota to 30 lodge units; seconded by Councilman Tuite. All in favor, with the exception of Mayor Stirling. Motion carried. Councilman Tuite asked if the city is intending to address the quotas in all the districts. Richman told Council the very next element in the comprehensive plan is land ale send and wthe Richman said it is necessary to do these an y planning office will start this summer. Richman brought up the multi-year development allotment and told Council the language in the code does not address small projects and being eligible for a multi-year allotment. Richman said the current language does allow Council to make the allotment they did this year. Richman asked if one criteria for getting a multi-year allotment be that the project is very large and could not meet the quota in the first place. Richman said there are some positive aspects of granting multi-year allotments; however, sometime the system needs to state what the limit is. Richman said it is difficult for Council to determine every year how fast the town is growing. Richman said these decisions should be made every 5 years. Richman said his tendency is to stick to a quota. Councilwoman Fallin said if this is left open, when Council comes up with community needs, they have the option to meet these needs. Councilman Tuite said in the recent example, there was an option of the lodge units that the neighbors did not feel fit in with the neighborhood. Councilman Tuite said he would like to 6 Regular Meeting Aspen Citv Council March 28. 1988 see the city be more conservative and not be able to borrow quota from the future. Councilman Tuite said when there is a small quota available, the competition becomes intense and makes the incentive greater to give more to the community and to get a higher score. Kaufman said if Council retains the flexibility of multi-year approvals, they would be able to take from two projects money or elements needed to solve community problems, like employee housing or parking. Mayor Stirling said he would not want to lose the flexibility. Richman said there has to be a good reason to give a multi-year allotment. The section is improved and contains standards. Richman said the next section was left out of the resolution. The issue is a historic unit slated for demolition which could be moved to another site, take advantage of the historic incentive to allow two houses on a lot, and designate is as a historic structure. Richman read the language, "If there is a structure on the inventory of historic structure, it is to be removed and relocated, then the owner can receive credit for demolition simply by moving it to another site and getting it designated". This unit would be except from GMP because it is a historically designated structure. Richman said these are structures on the inventory but not designated historic landmarks. This is to find an incentive to preserve these buildings. Council said they would like to see this language. Jon Busch said this legislation may encourage people to move Victorian houses out of the historic core. Richman said if an owner moves a historic building off the property, they lose the right to expand on that property and all the expansion would be subject to GMP. Mayor Stirling said he feels it is important to keep the houses where they are rather than encouraging moving of them. Richman said this provision could be re-written to exclude anything within historic districts. Councilwoman Fallin said she would be interested in providing this where the only other alternative was to tear the structure down. Joe Edwards said he has heard that some people are turning off the heat in unoccupied Victorians and allowing these structures to disintegrate so that they can be turn down. Council asked that staff bring language back for this amendment at the April 11 meeting. Richman said staff has proposed that the GMP exemptions for historic landmarks be revised. Richman said one is to maintain automatic exemptions, which is currently in the code, but places limits on this exemption. One can expand a historic landmark up to 500 square feet or up to 50 percent of its net leasable area, which ever is less, or adding one residential unit on a property, or up to 3 bed and breakfast-type units, all of which can be done 7 Regular Meeting Aspen City Council March 28, 1988 by right. The impacts for these activities are judged to be negligible. Anything beyond this expansion must be reviewed by P & Z and requires mitigation of impacts, like employee housing and parking. P & Z wants to provide the incentive for people to preserve historic buildings. Council said they like this solution. Richman said the next change is essential community facilities. The previous requirement was that the essential community be a non-for-profit venture. P & Z said the important factor is whether the structure is a community facility, not by whom it is built. P & Z would like not-for-profit venture to be a con- sideration and not a minimum requirement. Council agreed this adds more flexibility. Richman said the next amendment is the procedure for breaking a tie among GMP competitors. Richman said the first criteria is to awarded development to neither, or to the project proposing to develop less floor area ratio, or the one offering more employee housing. Richman said P & Z tried to develop logical criteria, like the project scoring first in the most number of categories or the best score in the design area or the services area. Council agreed with this change. Richman said the competition submission dates for GMP have been changed for better construction. The current dates are commer- cial - August 1; lodge - October l; residential - December 1. Richman said the changes are to move lodge up to give more time to develop working drawings; move commercial back 45 days, which will avoid demolition early and no construction during the winter. This change is a signal not to do the construction the same year that the allocation is gained. Richman said these changes respond to comments from the community. Council agreed with the date changes. Richman said the formula for ranking GMP applications in the current code is very complex. Richman said staff and P & Z have been using just the raw numbers, which is what this amendment states. Richman said the next change came out of the vested rights, Ordinance 47, 1987. Richman said the next item came up during this year's residential GMP. P & Z was faced with a lot of cash-in-lieu proposals. Staff suggested some production of housing would be a better alternative, and the code did not address the alternative as clearly as possible. Richman said this new section is proposed so that the option will be the Commission's and Council's to make a determination when cash-in-lieu is offered if that is the best alternative at that time, if the city has a plan of using that money or is the site situated such that there should be produc- 8 Regular Meeting Aspen City Council March 28, 1988 tion of employee housing on-site. Mayor Stirling said this is a good change. Gideon Kaufman said if the city is going to take the option away from the developer, there should be another change along with this. Right now the only way the developer can get credit for employee housing is in the metro area. Kaufman said the metro area has been reduced. It is difficult to put more than one unit on site. Kaufman suggested that the metro area be extended as far down as Woody Creek. Richman said the code does limit off- site production to the city or the metro area, as currently defined, which is west to the business center, east to Difficult, includes Smuggler, Red Mountain and the Castle and Maroon creek valleys. Councilwoman Fallin said she is opposed to expanding the metro area until there are no other options available. Councilwoman Fallin said some developers can use their own site. Councilwoman Fallin said she is opposed to putting more employees out of the metro area. Kaufman said this will get a small amount of units in town when in some cases people could put 10 or 12 units down valley. Kaufman said this is limiting the city. Kaufman said there is not a lot of creativity given the price of land within the Aspen area. Councilman Tuite said if developers are always given the option, they will always develop down valley. Council- man Tuite said he would like to see this kept within the metro area. Kaufman asked when the option between cash-in-lieu and on-site housing will be determined. Richman told Council in applications that are PUDs or subdivisions, GMP will now happen at the preliminary or final stage. As part of the conceptual review, the applicant will present their housing program, which would be accepted or rejected at that time. The applicant would have time to develop a housing solution before the GMP application. Dan Arrow said he has a problem with the process in general, that the public hearing was published for March 14th and at that time Council had already been through some sections of the ordinance. Richman said during these public hearings, Council can accept comments on any section of the ordinance. Mayor Stirling said this public hearing will be continued to April 11 and suggested Arrow compile his comments for this hearing. Richman told Council he will present all the changes to date at the next Council meeting. Francis Whitaker reminded he Council he sent a letter on the need for an open space zone. Richman said at the last meeting, Council retained the ability to waive open space in the CC zone, and to impose a park dedication fee on commercial property. The 9 Regular Meeting Aspen Citv Council March 28, 1988 open space zone was not discussed. Richman said there is a park zone district, which is an appropriate zone for publicly owned open space. This zone district also allows limited recreation buildings. Richman said there are zoning maps going to P & Z April 5th, which rezone all city-owned open space as park. Richman said there is no zone designating property open space only. Richman said the permitted uses in the park zone district are open use recreation facility, park, playfield, playground, golf course, riding stable, nursery, botanical garden, accessory buildings and uses. Richman said what is permitted by right is quite limited. The conditional uses are recreation building, sport shop, restaurant facility, park maintenance facility. These are uses that are currently found in city parks. None of these uses can be done by right in open space. Whitaker said there should be a provision f or property that was purchased to be kept as open space without anything on it. Richman said staff would have to create a zone to respond to this concern. Whitaker said not everything should be zoned open space but this zone should preserve some parcels just the way they are. Councilwoman Fallin requested P & Z look at creating a new zone for these parcels. Mayor Stirling continued the public hearing to April 11, 1988. LIQUOR LICENSE HEARING - Downunder Australian Bistro Mayor Stirling opened the public hearing. Councilwoman Fallin questioned the hole in the wall. City Clerk Kathryn Koch reported it has not been fixed. Councilwoman Fallin moved to table the item until April 11, 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #6, SERIES OF 1988 - CCLC Amendments Mayor Stirling opened the public hearing. These are amendments are to broaden the domain of CCLC to include Main street, and to add an alternate member. Jon Busch, chairman of CCLC, reaffirmed they are only an advisory body. Busch said there is some opposition to extending their purview to include Main street. If Council would like to delete that, it is fine with CCLC. Busch said the alternate member is very important. This is the only Board that does not have an alternate, and there are times it is important to have that alternate. Mayor Stirling closed the public hearing. Councilwoman Fallin said she favors an alternate member but is not in favor of expanding the territory. The territory should be 10 Re4ular Meetin4 AsAen Citv Council March 28, 1988 in the downtown commercial core as originally intended. Council- man Tuite agreed about the alternate. Councilwoman Fallin moved to adopt Ordinance #6, Series of 1988, as amended deleting Main street corridor; seconded by Councilman Tuite. Roll call vote; Councilmembers Fallin, yes; Tuite, yes; Mayor Stirling, no. Motion carried. City Attorney Taddune reminded Council for an ordinance to be adopted on second reading it takes a majority of Council, not a majority vote. Councilman Tuite moved to reconsider Ordinance #6, Series of 1988; seconded by Mayor Stirling. All in favor, motion carried. Councilwoman Fallin moved to adopt Ordinance #6, Series of 1988, as amended deleting the Main street corridor; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #7, SERIES OF 1988 - Solid Waste Regulations Rich Bossingham, environmental health department, told Council in re-writing this ordinance, staff solicited comments from the Al 1 ey Cats , park s department and CCLC . A major change i s to assign responsibility to an area 10 feet around any dumpster to be maintained f ree of trash. The second change is that small items that have the ability to be windblown need to be put into a secondary container. Mayor Stirling opened the public hearing. Bil Dunaway said the trash removal people should be made also responsible as they often scatter the trash. Bossingham said this is a legitimate concern as the problems come from both sides. Bossingham said staff decided the responsibility is easier to put on the owner of occupant of the building. Sy Coleman said the trash service is providing a service to its customer. If the customer is responsible, they will insist that the service be appropriate. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #7, Series of 1988, on second reading; seconded by Councilman Tuite. Dunaway said the city should be able to make the trash company responsible also. Tom Dunlop, environmental health department director, said the city does not ignore the trash companies. It is somewhat distinguishable who is responsible. Dunlop told 11 Regular Meeting Aspen Citv Council March_28, 1988 Council if there is a specific route responsible, his staff contacts the trash company. There has been cooperation from the trash company in correcting this. Roll call vote; Councilmembers Fallin, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. WHEELER BOX OFFICE Mayor Stirling said staff has requested this be discussed during the 1989 budget. Councilwoman Fallin asked if the box office will continue as it now exists. City Manager Bob Anderson said the Arts Council will continue to run it as is. Councilwoman Fallin said she is concerned about the effective operation of the box office and requested a report for the next meeting. Council- woman Fallin said she does not want to see the major groups pulling out of the box office. HADID REQUEST TO USE KOCH LUMBER PROPERTY FOR EMPLOYEE HOUSING Perry Harvey, representing the applicant, said the applicant is pursuing the amendment for the Aspen Mountain Lodge as well as looking at the future of the Aspen Meadows. Harvey said they would like to create a long term relationship between the public and private sector to get some affordable housing in the Aspen metro area. Harvey said this responsibility has to be shared by everyone, including the city where they can create these oppor- tunities, and the developer so that cash-in-lieu is not the only and easiest option. Harvey said the goal in this proposal is to try and create employee housing. Harvey said everyone wants to create employee housing, but no one wants it next door. Harvey said the Koch lumber is subdivided into two parcels; one was traded to the city f or lots in the capital hill addition, the other was given as a tax free gift with the condition that the property be dedicated to park, open space, recreational purposes. John Roberts has signed a waiver of that concern. Savannah Ltd. as successor has also waived that condition specifically to create employee housing. Harvey said the applicants would like to enter into a land lease with the city for 18,000 square feet against the base of Shadow mountain. The applicants would like the property rezoned RMF, have the balance zoned park. Harvey said they would like an exemption from GMP for an employee housing project. This is envisioned as 12 three-bedroom townhouse units that would be for moderate income housing. In payment for the lease, Savannah Ltd. would construct the housing and deed restrict it for rental, create a trail along the base of Shadow mountain, and create on the balance of the one acre parcel a park in conjunction with 12 Regular Meetin Aspen City Council March 28, 1988 the parks department. Harvey said after installing the park, they would maintain it for the term of the lease in accordance with city guidelines. Harvey said they feel this would be a benefit to the city to get a park installed, would be a benefit to employees because the housing is located close to town. Harvey said a 12 unit project is the best possible fit for the neighborhood. Harvey said the city can act on this proposal without going to an election because the land was a donation and a trade, and not acquired with sixth penny funds. Harvey told Council he has not done any designs because he wanted to see how Council f eels about this proposal. Harvey said there is a need in the community for employee housing. Mayor Stirling said under the PUD there is a requirement for employee housing. The applicants have lost the opportunity for Ute City Place but still have a requirement to provide a certain number of employee units. Mayor Stirling said every developer would love to use public ground in order to satisfy a housing requirement. Mayor Stirling said the community's challenge to provide employee housing is separate from the developer's requirement. Mayor Stirling said the developer owns multiple properties scattered around town and needs to determine which of these to use to satisfy their employee housing requirement. Mayor Stirling said the intention of acquiring this property was to create some open space and to create a park with the Koch property. City Attorney Taddune read from Ordinance 30, 1985, accepting as a gift the remaining Koch property contingent upon "the taking by the city of such steps as are acceptable to the owners to dedicate the entire Koch lumber property to the perpetual use and enjoyment of the public for park, open space, recreational purposes". Taddune said there was a condition placed on the donation that the entire Koch lumber property be dedicated to these purposes. Taddune said there is a release from that condition from the previous owner of the property. Councilwoman Fallin said she is opposed to this for a lot of reasons. The Koch lumber property should remain open space. Councilman Tuite said Council discussed if they wanted to use this parcel as general employee housing, it would go to an election. Councilman Tuite pointed out this brings out the crucial need for employee housing and for a place to locate employee housing. Councilman Tuite said the cash-in-lieu program brings in money but no place to locate housing. Harvey said this proposal is over and above any commitment of their requirement under the PUD. Harvey told Council the 13 Rectular Meeting AspenCity Council March 28, 1988 applicant has dropped the restaurant on the Blue Spruce site and has cut back the food and beverage to a level where the commit- ment to house 60 percent of the employees generated can be met with the existing projects. Harvey said he would have withdrawn thi s if it meant using city land to meet thi s applicant' s commitment. Harvey said the applicants have a lot to do in this community, and this is an opportunity where the applicant could do something that is not a tremendous financial burden and do something for the community. Council was not interested in leasing any of the Koch lumber property to the applicant. OPEN SPACE - Silverking Drive Assistant City Manager Mitchell told Council the city received a request from Robert Miller interested in purchasing about 3.3 acres of city-owned land. Mitchell said staff looked at the history of the property in order to bring a recommendation to Council to see if Council is interested in pursuing this any further. Mitchell said this 3.3 acres is a portion of a large piece of open space the city owns at the end of Silverking drive. Mitchell recommended not pursuing selling this property. Mitchell reminded Council at the last meeting Council discussed the larger issues of dealing with requests to purchase city open space. Mitchell recommended taking these on a case by case basis but to come to Council before spending any significant staf f time. Mitchell pointed out planning submitted a memorandum recommending developing overall policies in dealing with any requests to purchase any open space. Councilwoman Fallin said there is a proposed trail for this property and she does not want to sell the property and lose the option in developing this trail. City Manager Bob Anderson said there are several ways that staff handles requests for city property. One way is to give it directly to Council without any staff comments, like the Hadid request. Another way is to do some background before bringing it Council. Councilman Gassman's comment was how much staff analysis is appropriate before Council states their preference. Council can state that everything is open space, which would reduce staff time but also reduce Council's background knowledge. Councilman Tuite said he has no interest in entertaining this request. Councilman Tuite said he does not want to entertain bids from developers on land that the city owns at this time. Councilman Tuite said if someone wants to lease city property that the city is not doing anything with and ultimately the city will get ownership back, he is interested in hearing those. Mayor Stirling agreed. 14 Regular Meeting Aspen City Council March 28, 1988 Chuck Vidal, representing the applicant, said they thought the Council may be in an asset management format. This property sits behind some R-15 lots and is not being used effectively. Vidal said they thought there may be a piece of property that the city was more interested in or would have more benefit to the city, and the city could take advantage of that by selling this one. Vidal said they do not plan to develop this property to its maximum and could accommodate any trail plans. Mayor Stirling suggested Council have a work session to address the recommended guidelines from planning on the larger issue of all the city- owned land. Alan Richman, planning director, suggested having the PCPA involved to look over the guidelines and to have a work session. Councilwoman Fallin said the asset management sugges- tion has validity. Mayor Stirling moved to direct local groups, like PCPA, and co spring to work on guideline seconded by Councilwoman Fallin. the planning office to work with me back for a work session in the s in relation to these issues; All in favor, motion carried. HOUSING GUIDELINES Jim Adamski, housing director, said these are draft guidelines, which will be brought back for approval in ordinance form. Adamski told Council staff has been working on criteria for payment-in-lieu, when it is acceptable and who should accept it. Adamski reminded Council the option currently sits with the developer. Adamski said the guidelines state that the acceptance of payment-in-lieu should be at the discretion of Council on the recommendation of the housing authority. Mayor Stirling pointed out Council approved this language as part of the land use code discussion. Adamski told Council the payment-in-lieu amounts have been increased to $25,000, $16,000 and $11,000. Adamski said developers who have approvals prior to April 1, 1988, but not fully paid will be given one year to make payment or will be increased by 6 percent. Councilman Tuite said this is a fairly steep increase. Adamski said these numbers are based on an analysis of units that hav e been sold. Jim Curtis, housing authority, said the board looked at units that have sold in the free market, like Sagewood and Hunter Creek, and what the differential would be between what those units sold for and if they were price restricted and the subsidy for employee units. Alan Richman, planning director, told Council the payment-in-lieu schedule was done in 1983 or 1984, which makes the numbers almost 5 years old. The numbers have not been updated in this time. Doug Allen pointed out the city is getting virtually all payment-in-lieu and no housing, which is why he voted to increase it and to attempt to get more actual housing out of the private sector. Adamski told Council 15 Regular Meetinq_ Aspen City Council March 28, 1988 the consensus of the housing board is that payment-in-lieu is a good program. Council accepted the increase in payment-in-lieu. Jim Curtis told Council the original thinking behind cash-in-lieu was that the housing office to date has done a good job in meeting the need of studio to two-bedroom condominiums. The housing authority has not meet the needs of the dormitory, seasonal employee nor the single f amily house needs. The cash- in-lieu concept was to be the mechanism to meet these other type needs. Curtis said meeting these other type needs is still very valid. Curtis said the housing authority should be making these types of decisions, rather than the developers. Councilwoman Fallin said she is a champion of the cash-in-lieu because she wants to see dormitory-type housing in Aspen but is nervous about this because of the land situation. Curtis said the community is trying to determine a location to proceed with the M.A.A. as soon as possible. Mayor Stirling said it is not realistic to talk about production of single family type housing inside the metro area and to have it as a high priority. Adamski said that is a county priority, and as it was combined, ranked and scored as priority number 2. Adamski said the housing office is not pursuing at this point within the metro area because of the land issue. City Manager Bob Anderson said the single family concept may be the clustered type of units. Anderson said the city, as a business, has a concern with the supply of single family type dwellings in order to fill positions for skilled and managerial workers. Councilman Tuite asked about the seed money approved for Hunter Longhouse. Adamski said they are in the process of getting the site plans drawn, at which point they will go to the county for approval. Mayor Stirling said the city and county have taken an action to do the housing inventory and to work on enforcement. Mayor Stirling asked what is happening with Castleridge. Assistant City Manager Mitchell said staff has gotten proposals on refunding, refinancing and staff will meet this week to discuss these. Mitchell told Council he has received a request from Castleridge owners to come in for a rent increase under the contract. Mayor Stirling said there was a refinancing done on Hunter Longhouse. Adamski said the Aspen Mountain Lodge gave a $250,000 interest free loan for 56 employee commitments. Mayor Stirling said this is to help satisfy the employee housing needs of the hotel project. Bil Dunaway asked if it is permitted for employers to buy units. Allen said this is permitted as the lowest priority, if no qualified employee buys the unit. 16 Regular Meeting A_s~en City Council March 28, 1988 Adamski said the housing report is to show Council where the program has been and where it is going and to evaluate the work program from last year. The last part of the report is housing management. Adamski said this report gives Council a reference and inventory of restricted units, the rental per square f oot, the resale charts, cost of average units, share of the market. Adamski told Council last year there were 58 transactions; this market is moving rapidly. The first quarter of 1988, 12 units have closed and there are 9 under contract. Curtis told Council the housing authority is looking at refinanc- ing Castleridge, purchasing the land lease at Lone Pine. Curtis pointed out the average sales price for 1987 was $79,800. Curtis said affordability is something the housing authority continues to work with and is one of the first priorities. Adamski told Council the housing inventory is in the report. The housing office is doing records research to find units that have been deed restricted throughout past years. Adamski said the inven- tory and enforcement will have to be an on-going program to make it work. Adamski told Council HUD criteria are f or every 125 units there should be one staff person. Adamski told Council in September he will come back with a budget on what the enforcement program will cost. The inventory shows 892 employee units. Richman told Council this is the biggest housing program in the country. MALL LEASES Assistant City Manager Mitchell requested this be tabled until the next meeting. Councilman Tuite moved to table this to April 11, 1988; seconded by Mayor Stirling. Mayor Stirling said Toro's wants to have a mall lease and there is some opposition from adjacent businesses. City Clerk Kathryn Koch told Council this will have to be approved by Council as a new lease and as an expanded liquor license premises. All in favor, with the exception of Councilwoman Fallin. Motion carried. ORDINANCES 8, 9, 10, 11, SERIES OF 1988 Jay Hammond, city engineer, introduced Judy McKenzie who has been working on the implementation of the water management plan. These ordinances are a result of concerns identified in trying to collect tap fees. Hammond told Council the reason there are 4 ordinances is there are 4 sections of the Municipal Code that require amending in order to enact this. Hammond said this is a procedure changing requiring payment of a water tap permit prior to obtaining a building or plumbing payment. Hammond said the biggest problems have been in remodelling. Hammond pointed out 17 Regular Meeting Aspen City Council March_28. 1988 Ordinance #8 includes a section to allow a contractor in new construction to make alternative arrangements for payment subject to a series of deadlines. Ordinances 9, and 10 require payment prior to the issuance of a plumbing permit prior to issuance of a building permit. Ordinance #11 is a clarification regarding utility hook up charges. Hammond told Council over the years the city has stocked and supplied service connection hardware and meters. The city is trying to get out of that business. There are a number on the market that are adequate to meet the city's standards. The city would prefer to leave that to contractors to provide those to customers. Councilman Tuite moved to read Ordinance #8, Seris of 1988; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #8 (Series of 1988) AN ORDINANCE TO AMEND SECTION 23-55 OF THE MUNICIPAL CODE OF THE CIT Y OF ASPEN, COLORADO, UTILITY CONNEC- TIONS ARTICLE (c) , REQUIRING ANY PERSON DESIRING TO CONNECT TO THE MUNICIPAL UTILITY SYSTEM OR WHO IS ALREADY CONNECTED TO THE MUNICIPAL UTILITY SYSTEM AND INTENDS TO ADD OR CHANGE A WATER DEMAND FACTOR OR FIXTURES SHALL APPLY AND PAY FOR SUCH ADDITION TO THEIR WATER DEMAND FACTOR BEFORE APPLYING FOR A BUILDING PERMIT was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #8, Series of 1988, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. Councilwoman Fallin moved to read Ordinance #9, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #9 (Series of 1988) AN ORDINANCE AMENDING SECTION 7-215 OF ARTICLE IX OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, SO THAT A PLUMBING PERMIT SHALL NOT BE ISSUED BY THE BUILDING DEPARTMENT UNLESS PROOF OF PAYMENT FOR NEW OR ADDITIONAL FIXTURES AUTHORIZED BY A UTILITY CONNECTION PERMIT OR UTILITY ASSESSMENT PERMIT IS ISSUED BY THE WATER DEPARTMENT was read by the city clerk Councilman Tuite moved to adopt Ordinance #9, Series of 1988; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Mayor Stirling, yes; Fallin, yes; Tuite, yes. Motion carried. 18 Regular Meeting Aspen City Council March 28, 1988 Councilwoman Fallin moved to read Ordinance #10, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #10 (Series of 1988) AN ORDINANCE ADDING SECTION 7-141 (303) (D) (F) TO THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, SO THAT NO BUILDING PERMIT SHALL BE ISSUED BY THE BUILDING DEPARTMENT UNLESS PROOF OF PAYMENT FOR NEW OR ADDI- TIONAL FIXTURES INCIDENT TO A UTILITY CONNECTION PERMIT OR UTILITY ASSESSMENT PERMIT IS ISSUED BY THE WATER DEPARTMENT was read by the city clerk Councilman Tuite moved to adopt Ordinance #10, Series of 1988, on first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Tuite, yes;, Mayor Stirling, yes. Motion carried. Councilwoman Fallin moved to read Ordinance #11, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #11 (Series of 1988) AN ORDINANCE AMENDING SECTION 23-61 OF ARTICLE III OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO REDUCE WATER DEPARTMENT COSTS ASSOCIATED WITH MAINTAIN- ING LARGE INVENTORIES OF CURB STOPS, CURB BOXES, AND OTHER APPURTENANCES, PERMITTING THE WATER CUSTOMER TO PURCHASE THE CURB BOX AND CURB VALVE FROM THE INSTALL- ING CONTRACTOR AND REDUCING THE UTILITY HOOKUP CHARGES was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #11, Series of 1988, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #12, SERIES OF 1988 - Prohibiting Construction Materials in right-of-way Councilwoman Fallin moved to read Ordinance #12, Seris of 1988; seconded by Councilman Tuite. All in favor, motion carried. 19 Rectular Meeting Aspen City Council March 28, 1988 ORDINANCE #12 (Series of 1988) AN ORDINANCE OF THE ASPEN CITY COUNCIL ENACTING A NEW SECTION 19-57 OF THE ASPEN MUNICIPAL CODE LIMITING THE STORAGE OF CONSTRUCTION MATERIALS IN THE PUBLIC RIGHT- OF-WAY was read by the city clerk Councilman Tuite moved to adopt Ordinance #12, Series of 1988, on first reading; seconded by Councilwoman Fallin. Alan Richman, planning director, reminded Council they had brought this up during a work session on the Code and at a Council meeting in January. Richman told Council he called Vail and found out they do not have an ordinance prohibiting develop- ment during the winter. Richman said Vail's is an administrative policy. Richman asked if this ordinance hits the concerns Council has, like lost parking spaces, unattractive image, pedestrian circulation. Richman said this ordinance states from November 15 to April 15 there will be no materials or equipment permitted in the rights-of-way. The city engineer would allow, on a permit basis, construction barricades in the rights-of-way. Councilwoman Fallin said she would prefer to see no construction between December 15 and April 15. Richman said this would destroy the construction schedule on some planned projects. Councilwoman Fallin said she is willing to compromise if contrac- tors will not use the right-of-way. Councilwoman Fallin said last summer the construction impact on the parking was tremen- dous. Councilwoman Fallin said her concern is mainly in the commercial core. Mayor Stirling said throughout the entire town, construction materials are being stored in the city's right-of- way. Mayor Stirling said this creates a hazard for driving and a mess. Mayor Stirling said he feels these things should be contained on site and the ordinance should apply on a year-round basis. Councilwoman Fallin said contractors should store their material on site and not spill over onto the right-of-way. Hammond said one of the problems faced in the commercial core is that people are allowed to build to the property line in all directions. If the construction goes down one grade, there is no site left to put construction materials on. Councilwoman Fallin agreed this ordinance should pertain to all year round; however, it is really critical from November to April. Richman said two approaches are outright prohibition of storage versus to a permit system to use the right-of-way when there are no alternatives. Hammond said in the past, the city has used the excavation permit process for a temporary occupancy of use of the right-of-way. 20 Regular Meeting Aspen City Council March 28, 1988 Hammond said the Little Nell hotel construction program includes staging, construction parking, material storage and perhaps a trailer in the Durant street area. Hammond told Council in the Ritz Carlton plan, all of the parking on Monarch and Mill street would be non-existent during the construction program. The construction barricades will be on the opposite sides of the street from the construction frontage. Hammond said the reason is the Ritz Carlton will have tower cranes on site and the boom swing extends into the street. Mayor Stirling recommended that the dates be year round. City Manager Bob Anderson suggested making a distinction between the zones where construction is allowed up to the property lines and other zones. Councilwoman Fallin said those constructions are the ones she is complaining about. Roll call vote; Councilmembers Tuite, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #13, SERIES OF 1988 - Amending Ordinance #60, 1987 Councilwoman Fallin moved to read Ordinance #13, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #13 (Series of 1988) AN ORDINANCE AMENDING ORDINANCE N0. 60, SERIES OF 1987, BY ADDING A TRANSFER OF $69,500 FROM THE GENERAL FUND TO THE WHEELER TRANSFER TAX FUND; APPROPRIATING POLICE PENSION FUND EXPENSES OF $15,000, RECOGNIZING CASTLE- RIDGE NOTE RECEIVABLE FUND REVENUES OF $16,500; TRANSFERRING $10,000 FROM THE CASTLERIDGE NOTE RECEIV- ABLE FUND TO THE GENERAL FUND; WHICH APPROPRIATIONS WERE INADVERTENTLY DELETED FROM SAID ORDINANCE was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #13, Series of 1988, on first reading; seconded by Mayor Stirling. Roll call v ote; Councilmembers Fallin, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. AWARD OF CONSTRUCTION CONTRACT - City Hall City Manager Bob Anderson said staff put out bids to reconstruct city hall on instructions of the city and county meeting. Anderson told Council these bids were on a tight time schedule in order to bring the building department into city hall. Anderson said staff was aggressive in trying to get people to bid. The city received only one bid. Anderson told Council neither the building department nor the architect have any qualms that this 21 Regular Meeting AsAen Citv Council March 28, 198.8 person can perform. Anderson said he will not expose the bid if Council wants the project re-bid. Anderson said staff has only heard of one other person that would like to bid. Anderson said staff is concerned with the time issue. Anderson told Council the bid figures were higher than the original budget. Staff spent time negotiating with the contrac- tor, and with some changes in the project, the bid can get to an acceptable level. Anderson recommended staff negotiate with the one bidder rather than re-bid the project. Councilman Tuite said he does not see what good re-bidding the job would do. Anderson said he hopes the total project will be $110,000. The bid was 50 percent higher than that. Anderson said in negotiations staff thinks they can get the project closer to budget. Augie Reno, architect, told Council 4 additional contractors picked up the drawings and returned them without bids. Some of the reasons were the size of the project, worry about the schedule of the project, there was a bid bond required which was an issue to some people, there is an asbestos potential in the building. Anderson told Council JDM contractors put in a caveat dealing with the asbestos. Anderson told Council the first bid of JDM was $154,000. The staff has been negotiating with JDM. Anderson said the city crews can probably do the painting. Anderson said the construction schedule can be lengthened one month. One month's lease for the building department is $2900 and the contractor will give $4,000 off the contract for that extra month plus allowing the city to do their own painting. Councilwoman Fallin asked why the bond was taken out. Anderson said a bond f or a project of this size and time limit seemed redundant. Councilwoman Fallin said Augie had listed that as one of the problems the contractors had. Anderson said this contrac- tor was willing to give a bond, which indicates the firm is bondable. City Attorney Taddune said he would like to review the state statutes regarding bonds before the city waives this. Anderso n said that was just one way to reduce the price. Anderson sid the city has found 5 fireproof doors they can use. Mayor Stirling moved to direct the city manager and staff to pursue the contract with JDM; seconded by Councilman Tuite. All in favor, with the exception of Councilwoman Fallin. Motion carried. Anderson told Council staff will work with JDM as if the entire project will be done. Anderson said if the election question passes, it will be prudent to do the whole project. If the election fails, Council should discuss the project and just do the fire safety and code requirements and not bring the building department into city hall. 22 Regular Meeting Aspen City Council March 28, 1988 ORDINANCE #14, SERIES OF 1988 - Appropriations Councilwoman Fallin moved to read Ordinance #14, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #14 (Series of 1988) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $11,000; APPROPRIATING GENERAL FUND EXPENDITURE OF $418,475; REDUCING GENERAL FUND EXPENDITURES OF $1,400; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $23,500; TRANSFERRING $9,400 FRO M THE GENERAL FUND TO THE ICE GARDEN FUND; APPROPRIATING LAND FUND EXPENDITURES OF $25,760; RECOGNIZING TRANS- PORTATION FUND REVENUES OF $16,000; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $75,000; RECOGNIZING ASSET REPLACEMENT FUND REVENUES OF $66,000; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $206,300; RECOGNIZING GALENA STREET CAPITAL PROJECTS FUND REVENUE OF $391,000; APPROPRIATING GALENA STREET CAPITAL PROJECTS FUND EXPENDITURES OF $391,000; RECOGNIZING ELECTRIC FUND REVENUES OF $400,000; APPROPRIATING ELECTRIC FUND EXPENSES OF $1,172,000; RECOGNIZING WATER FUND REVENUES OF $86,000; APPROPRIAT- ING WATER FUND EXPENSE OF $60,700; APPROPRIATING ICE GARDEN EXPENSE OF $9,400 was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #14, Series of 1988; seconded by Councilman Tuite. Cindy Shafer, finance director, pointed out there are three memoranda from planning, streets and ice garden requesting appropriations Council has not previous seen. Most of the other items are carry f orward from 1987, approved in 1987, started in 1987 but all the expenses were not paid in 1987. Mayor Stirling asked where the revenues are coming f or the 3 other requests. Ms. Shafer answered they would come from fund balance. Anderson said hopefully there will be additional fund balance from saving. Anderson recommended the city do that rather than taking the contingency fund too far down this early in the year. Roll call vote; Councilmembers Fallin, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. City Manager Bob Anderson said the most complex request is covering Puppy Smith's retirement. This will also allow the city to work out a deal with Bruce Vandergaw to take over a portion of the administration of the streets department. Anderson said 23 Regular Meeting Aspen City Council March 28, 1988 in the future this will be more right. Hammond said because of paid 10 months salary as well as economical and the timing is Smith's seniority, he is being other benefits. BOARDS APPOINTMENTS Mayor Stirling moved to appoint Barbara Schey as a regular member and John Faulkner as an alternate member to the Clean Air Board; seconded by Councilman Tuite. All in favor, with the exception of Councilwoman Fallin. Motion carried. Mayor Stirling moved to reappoint Remo Lavagnino and Josephine Mann to the Board of Adjustment; seconded by Councilwoman Fallin. Motion carried. Mac Cunningham presented a letter regarding the sale of city hall. Cunningham said the temporary improvements are v ery necessary and the building is in very poor condition. Cunningham said his letter is an alternative to doing nothing with the building. With tax credits there is enough incentive for a private developer to renovate the structure properly. Cunningham said there are ways to deed restrict the building with investment tax credits and to preserve some of the businesses that town is losing. Councilman Tuite moved to adjourn at 8:57 p.m.; seconded by Councilwoman Fallin. All in favor, motion carried. C~ ~= ~,ti..~. ~ ~~'~ Kathryn $ Koch, City Clerk 24