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HomeMy WebLinkAboutminutes.council.19880509Re ular Meetin As en Cit Council May 9, 1988 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Isaac, Tuite, Gassman, and Fallin present. OUTSTANDING EMPLOYEE BONUS AWARDS Mayor Stirling said every quarter employees are nominated for this outstanding bonus award. Debbie Skehan, plane~n9 visible was nominated for her overall performance sn a v y public office and for developing a file system for rtificatenand office. The Council presented I e Garden,wwas nominated for. his a check. George Pucak, Aspen dedication and extraordinary performance. George worked dsli- gently in assisting to bring world famous figure sko d rin othe Cousins to Aspen and drawing the sresent edaagcheckc and certifi- history of the ice garde. Council p cate for George's award. PROCLAMATION - National Historic Preservation Week Mayor and Council proclaimed May 8 -14, 1988 as Nationalrecotnize Preservation Week and called upon citizens of Aspen to 9 and participate in this observance. PROCLAMATION - Municipal Clerk's Week Mayor and Council proclaimed May 8 - 14, 1988Ci aalMClerkas Clerk's week in full recdgded ation to publics ser ice for the outstandigng contrsbutson an community. PROCLAMATION - Aspen School District/Staff Appreciation Day Mayor and Council proclaimed Friday, May 13nizet he wor hpof School District/Staff Appreciation Day to recog these caring and dedicated guardians of children and to extend heartfelt thanks for their efforts. CITIZEN COMMENTS 1. Joel Zane asked why timed parking is being enforced in off season this year. Mayor Stirling said last falu tamountkofg corns not enforced and the city received an enormo plaints. In order to be consistent, Council has madason decMasor to continue to enforce parkingfot~r the decisions was so that Stirling said another reason employees would not dominate the spaces throughout the day. Zane said when he works in town, he cannot keep goingabki an ermits to his car. Mayor Stirling sand there are p g P available for people who qualify for the criteria. 1 Regular Meeting Aspen City Council May 9. 1988 2. Robert Klein brought up the need for paving of the bicycle trail on the Marolt trail. Klein said currently a bgilllEftings to take the highway rather than the bite doesl have funds for leisure services director, said t Y paving. Staff purposely did not pave the Maroble sermanently trail until it is known where the tt e timatel for paving this located. Council requested a cos portion of the trail. 3. Dusty Stone said the city has two off seasons; orkers are season in the fall and the spring, in which a lot of w doing work in town. Stone said he does not feel there is a need to have parking enforcement in the spring. COUNCILMEMBER COMMENTS 1. Mayor Stirling said he feels the town is facing a crisis this summer for housing for the music festival. Macult Stcannot said he is hearing that the students and the fa y afford housing in Aspen. Mayor Stirling said the presence of the M.A.A. is threatened by the housing crisis. Mayor Stirling suggested that the M.A.A. schedule a meeting wit totsee whate can managers, Board of Realtors and housing authority be done for this summer and to see some long term plans. Ray Adams, M.A.A. , told Council the music festin~l fO~Y 9 Sweeks is $7,000 in salary for the sumAdamsnsaidethere has to be a way to 54,000 to $6,000 per month. find more housing in this town. Adams told Council he has booked 125 places for the summer and is over budget for , is rcanrieaof them. Adams said the M.A.A. cannot pay, what, touris P Y• Mayor Stirling agreed the market place is driving the rates and the demand for this summer is very high. Adams said he is willing to put together a committee to address this. 2. Councilman Isaac said recently Council talked foCouncilddid dormitory housing for the M.A.A. and some members not want to do anything about this. Councilman Isaac urged Council to start building some employee housinge Elands and can employees. Councilman Isaac said the city has th start to get this under construction. CouncilKochTand Marolt Council agreed to have an election to look at the properties for possible employee housing. Mayor Stirling said the city is moving ahead to make the Red roof as permanent housing for the M.A.A. 3. Councilwoman Fallin said on the trail at Chdestroded othe huge trucks have been allowed a he does not feel trucksy should trail. Councilwoman Fallin sa be using this trail, especially when the area is wet and thawing. Councilwoman Fallin suggested these trucks help pay for repairing 2 Regular Meeting Aspen City Council May 9. 1988 the road. Bill Efting, leisure services, said the staff will have this trail fixed by next week. 4. Councilman Gassman said on the Aspen Mountain o °and hconl project, he received a lot of letters, both pr Councilman Gassman thanked the people who took theanisaidoherread Both sides were very thoughtfnlGassmanccommendedsthe citizens for every one of them. Councilma putting their thoughts on paper. 5. Councilman Gassman said he was annoyed at the meeting Thursday, May 5, at the behavior of some citizens. Councilman Gassman said to make the world f unction, human beings need to be courteous and this is important. 6. Councilman Gassman said he disagreed with having an execu- tive session on May 5, 1988, and could not see anything discussed that could not be discussed in public. Councilman Gassman said Aspen has a representative form of government, know whato Council people have of knowing what is going on is to decides as well as how they decide on each issue. Councilman Gassman appealed to release the minutes of the executive session to the press. 7. Mayor Stirling pointed out the city manager has drafted a letter to Dwight Shellman about his assisting in coordinating the Bell Mountain parking. Mayor Stirling said he has no problem with a citizen doing this; however, Council was unanimous about not wanting to trade any parking spaces for increased density above ground. Mayor Stirling said he would not like that pursued and Shellman should know that position. Assistant City Manager Mitchell said Shellman does not intend on doing that, and his efforts are to get City Market more involved. 8. City Manager Bob Anderson requested Council n tract sfortone #12 to the consent agenda to extend the towing co month. Anderson told Council staff is getting proposals on the towing contract, and these will not be in on time to have them analyzed and decided upon. Councilwoman Fallin moved to add resolution #12, 1988, to the consent agenda; seconded by Councilman Tuite. All in favor, motion carried. 9. City Manager Bob Anderson told Council the Red Roof Inns contact is not ready. It will be on the May 23rd agenda. Councilman Tuite said there is paved parking at the airport, which may be a good place for the towed cars to be taken. 3 Aspen City Council May 9. 1988 Regular Meeting Anderson said staff has put the impound lot out as part of the towing contract. Councilwoman Fallin moved to approve the consent agendails18on20d by Councilman Isaac. The consent agenda is Minutes Apr - 25 and 27, 1988; Liquor License Renewal - Takah Sushi; Resolution #10, 1988 - Requesting Holy Cross to Underground; Resolution #12, 1988 - Extending Tow Contract to June 15, 1988. All in favor, motion carried. ORDINANCE #17, SERIES OF 1988 - Housing Guidelines Jim Adamski, housing director, told Council, the houfull bt me has recommended Council adopt the definition of employee as a person living here 9 months and warkinAdamskiutold week , which is the equment sn for 1 empl oyee phousing do state that Council resale agree these units can be rented for 3 month periods within a year. Adamski told Council the social, economic information gathered in the survey indicate this is a standard-type employee. Councilwoman Fallin said she heard last s at eHunter Creekwthat need for housing, there u cilwoman Fallin said she would like to could not be rented. Co see this worked out. Adamski said the hou va 9 ouslhomeowne~s' dinating the rental agreements with the associations. Councilman Tuite said these woulerblow ~ moderate employees yet the housing guidelines are to cov and middle. Adamski agreed these would mostly be seasonal workers. Councilman Tuite said businesses who employee people themcithsis year would have to be paying a penalty because of how Y structuring the employee hours. Adamski saiodntheCouncilman separate issues; generation versus qualificati Isaac said he is concerned by changing the define v to oersuto time employee this will put a new burnen o The hCouncil has just create that much more employee house g raised from 35 to 60 percent employees to be houseffect othislnew Isaac said the Council should know what kind of e definition of full time employee will have on the community before they vote on this. Adamsk i reminded Council the 9 months 30 hours a ed kto a2 , 0 80 definition until 1984, at which tima dl hasa found nthat the cir- hours. Adamski said the housing bo cumstances have changed and 9 months 30 hours is what the typical employee is. Councilman Gassman said if one looks at the community, there is a finite amount of work to b n d the numbe ~yof - housing is a subsidy by the public. By cut g 4 Regular Meeting Aspen City Council May 9. 1988 hours someone has to work to qualify for the subsidy in half, this is saying that since the amount of work is finite, it will take twice as many people to do a task by someone working a normal job. Councilman Gassman said these seem to be doubling the problem to the public. Jim Curtis, housing board, said his perception is that the 9 months, 30 hour definition does reflect the seasonality seen in the work force. Curtis said Council may want to reconsider the 60 percent GMP commitment but the guidelines should try to most correctly identify how persons are actually working. Curtis said the community is stabilizing but not to 40 hours a week, 12 months a year. Adjusting the definition reflects what is actually seen. Mayor Stirling opened the public hearing. Gideon Kaufman pointed out the cash-in-lieu payment has been raised from 520,000 to $25,000. The city has changed the employee generation percentages from 35 to 60. If this change doubles the hours, it is an impact of 4 times on an applicant in GMP. Kaufman said the city should analyze the economic viability before this is adopted. Kaufman said staff is concerned about a definition, but it this change should be examined to what it does to everything. Kaufman said the magnitude of the increase is more than anyone has contemplated. Kaufman said staff should come up with the actual cost differential and the percentage differential. Adamski told Council the low housing cash-in-lieu is 525,000 which reflects the cost of the subsidy to get from a free market to affordability. Adamski told Council the 9 month employee is a real body and is the target group to be housed. The 60 percent housing for employees is a political number and is based on the needs of the community. Adamski said there is a clear distinc- tion. Kaufman said if the hours are in the guidelines and one goes to compete in GMP, this dictates how many employees are generated. This doubles the number of employees generated. Curtis said the position of the housing authority is that those persons are in town searching f or beds. The question is what is the commitment between the private sector and the public sector as one competes in the GMP process. Councilman Gassman said this is responding to a demand and public policy should be leading rather than just reacting. Councilman Gassman said the community has talked about for years trying to get out of the seasonality. This seems to perpetuate the cyclical nature of housing demand. The system should push employee s and employers more into being year-round. Larry Yaw told Council the new housing requirements and new parking 5 Regular Meeting Aspen__City Council May 9, 1988 requirement add $70 per square foot, which is what non-improved space costs. This will make it $140 per square foot. Yaw asked what the effects on net rents and quality of shops will be. Joe Wells reminded Council at the last meeting he outlined the effect of 100 percent employee housing requirement on a restaurant space. This change will have a more dramatic effect than the 100 percent requirement. Wells pointed out that the public has very little notice of this change. It is not alluded to in the ordinance nor is it in the guidelines. Wells said if Council is interested in pursuing this change, the public deserves better notice. Adam ski said this discussion boils down to who pays for what. The employees are here. Adamski said these guidelines suggest what the employees look like. Adamski this will put a burden on the private sector. Perry Harvey said the 60 percent employee housing requirement should be tested first. Councilman Isaac said he would like to keep the definition of a full time employee at 2,080 hours. Councilman Isaac said he would like to see employee housing built by developers; however, if the city makes this too onerous, nothing will be built. Councilman Isaac said it does not help the local economy by having two employees for every job available. Councilman Tuite said he does like the idea of 3 month rentals in employee housing. Councilman Gassman moved to adopt Ordinance #17, Series of 1988, not changing the definition of f ull time employee; seconded by Councilman Isaac. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. Adamski said he will deal with the rental arrangements through the resale agreements. Adamski told Council each employee at Castleridge is being re-evaluated because the leases are coming up. RESOLUTION #11, SERIES OF 1988 - Aspen Mountain Lodge PUD Mayor Stirling said this is a continuation of the meeting of May 5, 1988. The staff has drafted a resolution f or consideration. Mayor Stirling asked if the motion to reconsider at the May 5th meeting followed the sequence. City Attorney Taddune told Council the April 11 meeting, was continued to April 18, con- tinued to April 20 and April 27. There was a regularly scheduled meeting April 25, and this item was not discussed at the April 25 meeting. The April 27 meeting was continued to May 5. Taddune said the Council rules provide for a motion to reconsider at the meeting at which the matter was discussed or an adjourned session or at the next regularly scheduled meeting. Taddune said all the meetings were adjourned sessions of the April 11th meeting. 6 Regular Meeting Aspen CitvCouncil May 9, 1988 Mayor Stirling said an adjourned session is the equivalent of a continued session. Bob Hughes, representing the applicant, said he feels that "adjourned" and "continued" are synonymous. Taddune said Council also has the ability to suspend the rules and extend the period of reconsideration. Councilman Isaac suggested adding the word "continued" to the first whereas. Hughes said Council could also suspend the rules for this purpose. Councilman Isaac said he would prefer not to suspend the rules if Council does not have to. Mayor Stirling said he feels Council needs to suspend the rules directly in order to do the reconsideration that was done last Thursday night. Mayor Stirling challenged how the Council acted procedurally. Mayor Stirling said he has a concern of skipping the April 25 meeting. Councilman Isaac moved to add the word "continued" in the first whereas after the word "adjourned"; seconded by Councilman Tuite. All in favor, with the exception of Mayor Stirling. Motion carried. Mayor Stirling said he is challenging the procedure and suggest- ing another action has to be taken. Mayor Stirling moved that the action taken last Thursday night was not in accordance with the proper rules and regulations of the City Council of Aspen, Colorado, and an additional action of suspending the rules would be required to reach this point; seconded by Councilman Tuite. Councilman Tuite said if it is matter of protection, Council could add a whereas if it is deemed that was not a legal continu- ation that Council is suspending the rules for this resolution. Mayor Stirling said he is challenging the Council to see if they will suspend the rules. Mayor Stirling in favor, everyone else opposed. Motion NOT carried. Councilman Tuite moved that Council add a whereas to Resolution #11 that to the extent necessary for a motion to reconsider to be operative, the rules are deemed suspended and the motion to reconsider operative. Councilwoman Fallin said that is totally unnecessary. Council- woman Fallin said it is shown in the first whereas and Council has all agreed it was a continued or adjourned session; there- fore, the action at that session was legal and binding. 7 Regular Meeting Aspen City Council Mav 9, 1988 Councilman Tuite in favor, everyone else opposed. Motion NOT carried. Mayor Stirling said the majority of the Council presumes that the procedure outlined will stand as written in the first whereas. Taddune told Council he came up with a format for the resolution with conditions and parameters provided by the planning depart- ment. The resolution was circulated to staff and revised. Taddune pointed out the draft resolution has handwritten revi- sions. Perry Harvey, representing the applicant, told Council they also have changes for the resolution. Council suggested staff go through their recommended changes first. Taddune told Council this resolution was not negotiated. It was an effort to reflect the thinking of the Council and then presented to the applicant. Taddune said in #1 Phase I - the maximum of 292 hotel rooms, 0 residential room, uA to 190,000 square feet of countable FAR. The city manager has suggested "no more than" in place of "up to". The city manager has suggested the same change in #2- Phase II - maximum of 50 hotel rooms, no more than 115,000 square feet. Taddune told Council "the shortening of the elevation along Mill street by approximately 40 feet" has been circled by the city manager for clarification. In #4 "Block bounded by Durant, Mill, Dean and Galena streets to be permanently deed restricted to open space and the following non-commercial uses: Only structure to be a "pavilion" to service an ice rink, and other outdoor activities to be operated and maintained at the expense of the applicant." The city manager inserted the underlined portion. Taddune told Council these parameters were discussed between the planning director and applicant last week. Richman told Council these were in response to council's challenge to work on the residential units #6 Regarding residential units: a. There will be no more developed on the Top of Richman told Council there are a total ction credits and 12 GMP units. Four mitted to the 700 South Galena and one told Council originally there were 33 and 14 for the hotel. b. The applicant will not ever increase the size future. than 47 residential units Mill and phase II sites. of 52 units; 40 reconstru- of these units are com- to Summit place. Richman proposed f or Top of Mill request GMP allotments to of either project in the c. The applicant will build the facilities on the park in front of Phase Ii and will operate same. 8 Regular Meeting Aspen City Council Mav 9, 1988 These facilities will be ready f or occupancy at the same time as will phase I and will be designed in connection with the review of the proposed amendments to phase I. #7 The remaining aspects of the PUD, including but not limited to employee housing, are to be resolved during the amendment process. #8 That any hotel project submitted by the applicant not expand in size or development beyond the above referred parameters. Taddune read the next whereas, "based on the applicant's repre- sentations, commitments and agreements, and induced thereby, the City Council desires to authorize the applicant to process proposed amendments through the PUD process f or a period not to exceed one hundred and twenty (120) days from the date of this Resolution, specifically September 9, 1988. Taddune told Council Hughes is suggesting adding "unless at such time as sooner enlarged". In Section 1, "The City Council does hereby authorize the applicant to process proposed amendments, to the Aspen Mountain Lodge PUD Subdivision Agreement through the PUD process for a period not to exceed 120 days, on the condition that applicant abides by its representations, etc. as announced at the of ore- mentioned Council proceedings, which proceedings are incorporated herein and made a part hereof by this reference, including but not limited to the following". Taddune told Council the applicant added the underlined language, which he agreed to. Taddune said the next part of the resolution are recitals of the recitals in the whereas provisions. Taddune pointed out #5 on page 4. "The previously approved "Roberts Design" for phase I and phase II will not be built as approved by the PUD and Subdivision agreement and the applicant will continue to pursue an amendment to the PUD concerning Ahase I and II thereof which will not exceed any of the limitations herein." The underlined language was inserted by the applicant. Taddune told Council that section 2 addresses the question of excavation and provides that the applicant may, at its own risk, begin excavation. Hughes reminded Council the applicants have bonded $650,000 for excavation and $1,300,000 for site and landscaping imrpvoements. Hughes said the concept is to complete in the time contemplated by the codes. Mayor Stirling asked if the 120 days will guide this. Taddune said the concept is if the approvals lapse and the applicant does not proceed to refill the excavation site, within a certain period, the city can fix it. Harvey said the applicants have 120 days to do the amendment process; they have X amount of time after the excavation permit 9 Regular Meeting Aspen City Council May 9, 1988 is pulled within which to go to the next step. Harvey said he would hate to get in a position where they are through the amendment process but they have run out of time for the next step of the permit. Mayor Stirling said this verifies with excavation permit the applicants now have, they can begin breaking ground and the city will not put a stop work order on that. Mayor Stirling asked about the foundation permit. Taddune said the way he interprets paragraph #5 is that the applicants will not obtain a foundation permit until the amendment process is complete. Hughes said this will allow the applicants to take advantage of the off season and get some excavation done before summer. City Manager Bob Anderson asked if for some reason this falls apart or no excava- tion permit can be gotten, this triggers the escrow and the hole will be filled in. Hughes said that is the spirit in which this is going forward. Anderson said the governing thing for the foundation permit is the building code, which states an appli- cant has to do 10 percent every 120 days. Anderson said the 120 days for this resolution is to reach an agreement with the Council. There are two things going on simultaneously; one is the approval process. Councilwoman Fallin said if the date for the excavation permit is April 15th, the resolution should have some language to clarify there are two different dates. Anderson said the applicants can easily do enough to keep the permit alive. Anderson said if this process with Council takes 90 of the 120 days and an agreement is reached, the applicants have to then take this and put it into a plan form final enough to get a foundation permit. Anderson said the applicants could not do that within 30 days and give the city enough time to also process the permit application. Anderson said another extension may be needed at this point. Anderson said the stand the city has taken for the applicants to keep the PUD alive is obtaining a foundation permit. If it takes a lot of the 120 days for the amended PUD, there will have to be another interpretation of the deadline or another extension. Hughes said the time this is talking about is not the time to obtain a foundation permit but to submit foundation permit drawing plans. Councilman Isaac said this could be done within the amended PUD with a statement that the applicants have so many days from the approval of the amended PUD to apply for a founda- tion permit. Taddune told Council section 4 provides that the authorization granted by this resolution shall only take effect after this resolution and the terms and conditions set forth herein are acknowledged by the applicant in the space provided below. -- Taddune said the section also states that the provisions hereof 10 Regular Meeting Aspen City Council May 9, 1988 shall run with and constitute a burden upon the title to the subject property and shall be binding upon and inure to the benefit of the applicant and applicants representatives, succes- sors and assigns. Taddune said there is no signature space for the lender. Taddune said he does not know what the consequence would be if there were a foreclosure. Taddune said if there is any covenant running with the land, the city would request the consent of the lenders. Hughes said they have no objection to that. Councilwoman Fallin asked if this is a covenant that stays with the land for any future owners. Taddune said the last sentence in Section 4 covers that. Richman told Council last September when Council granted the six month extension to this project, some questions arose in the hearing about the 700 South Galena project and the other residen- tial units in the hotel. Richman said at the meeting. Council made two separate motions of extension, one for the hotel to March 15th, later extended to April 15th, and a second motion only dealing with the 700 South Galena project. At that point. 700 South Galena had come up to its deadline of needing to submit plans sufficient for the issuance, not needing to obtain a permit, but sufficient for the issuance of a building permit. The applicant indicated to Council they wanted to pursue amend- ment to 700 South Galena. That separate extension was granted to March 1 . 19 8 8 , by motion of Counci 1. The applicant proceeded through the amendment process for 700 South Galena, obtained approvals from both P & Z and Council; everyone was satisfied by the project. Richman said communication between the applicant and staff got crossed and both missed the fact that March 1st was the deadline. Richman told Council the applicants submitted plans sufficient for the issuance of the building permit for 700 South Galena on about March 15th. Richman said staff went through all the checks and was prepared to issue the permit, when it came to April 15th which everyone thought was the deadline. It was then discovered that the deadline was March 1st. It was unintentional. The applicant had submitted a letter in February asking for an extension if one were necessary. That is all the code requires. Richman suggested in the resolution, if Council gives the applicant the 30 days of March to have submitted those plans. they have done that. Richman told Council the applicant sub- mitted the extension entirely according to the order of the Code. and staff did not process it because they were not aware any extension was necessary. Councilman Isaac asked the intent of 700 South Galena and if it will be built. Sarpa said it is four units and will be built this summer. John Sarpa, representing the applicant, said the process has been an intense and emotional one. Sarpa told Council they appreciate 11 Regular Meeting Aspen Citv Council May 9. 1988 the community's involvement. Sarpa said there is a lot this community has to be proud in its process and the people repre- sented. Sarpa said Resolution #11 captures a lot of what the Council and the applicant have meant. Sarpa said the applicants have some proposed changes to the resolution. Perry Harvey said in the third whereas, #1, it was his under- standing that Councilman Tuite's motion was for 292 hotel rooms and no more than 190,000 square f eet of countable FAR. Harvey asked that "maximum of" 292 rooms be deleted. The section would read "Phase I - 292 hotel rooms ." Harvey requested in #2 "maximum of" be deleted and it just read 50 hotel rooms. Mayor Stirling asked Tuite if it was his thinking that when this went through the amendment process it could possibly be reduced from 292 rooms. Councilman Tuite said that was not his think- ing. Councilmembers Isaac and Fallin said they prefer to see "maximum of" stay in the resolution. Sarpa said the focus of this is whether the action taken May 5th and ratified at this meeting would be specific enough to let the financiers be comfortable to let this process go forward. Sarpa said the applicant s specifically asked if the action taken in which 292 rooms would be the number to be built and that the applicant s could rely on this. Sarpa said Council indicated if they voted for 292 rooms that could be relied on. Sarpa told Council the reason they are requesting "maximum of" be deleted is that 292 rooms was debated upon and the FAR was the figure to be adjusted. Councilman Isaac said that is not exactly true for phase II because the financing is not set for phase II. Sarpa said it was only phase I that was agreed upon, and it was a maximum of 50 rooms in phase II. Councilman Tuite moved to delete the words "maximum of" on pages 1 and 4 Councilman Isaac said he does not think this is necessary. Sarpa said this is very necessary and is the whole basis of the agreement the applicant thought was reached. Sarpa said it is the 292 rooms that has been debated with Council. Sarpa said if Council i,s saying they are not sure the applicants get 292 rooms, the applicants will have to look at the concessions they have made and start over. Sarpa said both the applicants and Council agreed thhat phase II has question marks. Councilman Isaac asked if during further architectural design, the applicants finds that other parameters like height and mass do not allow 292 units and they have to drop 2 rooms. Sarpa said they would back off if that were the case. Sarpa said the applicants are confident with 190,000 square feet and 292 rooms 12 Regular Meeting ___A~en City Council May 9, 1988 and the architectural design consensus that they will be able to keep the room count. Sarpa told Council if the bank asked if they have 292 rooms, they cannot say maybe. Harvey said "maximum of" is an ambiguous intention. Anderson said the language gives the applicant the right to build 292 rooms and the "maximum of" language is permissive and the only person that can reduce it is the applicant. Harvey suggested the resolution state, "the applicant has the right to build 292 rooms". Hughes said he viewed the language as the applicant could be told they could build anything from 0 to 292 rooms. Sarpa emphasized that 292 rooms is critical. The applicants are not cutting off any architectural changes and feel there is sufficient leeway within the program to make some changes. Councilwoman Fallin said she would agree to language "the right to build up to 292 hotel rooms". Councilwoman Fallin moved to amend the resolution to read "the right to build up to 292 rooms" and delete "maximum of" on pages 1 and 4; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Harvey said in #2 on page two, the approval was to build up to 50 hotel rooms and residential units. Taddune suggested that "and residential units as set forth in paragraph 6 below" be added to #2, page 2 and page 4. Harvey told Council lot 5, which is phase II, goes from Durant south to the top of the site. Harvey told Council they have separated off the open space community activity. Harvey said he would like to make it clear that the FAR of 115,000 square feet is on that portion south of Dean street, not on the park site. Taddune suggested adding "excluding any FAR on the park site". Harvey said if the community deems that a commercial building for skate rental and food service is appropriate, that should be considered. Harvey told Council he has a letter addressing details of this site the applicants would like to work out with staff. Harvey said they are not clear how this activity center will work. Harvey told Council lot 1 and lot 5 are the two phases and are on the PUD plat. Taddune said the language will read "exclusive of the FAR which might be built on the park on lot 5". Councilwoman Fallin said someone in the future may come back and not under- stand that the FAR in the park was to be non-commercial. Harvey said that is another issue; the city may want some commercial footage on this block as an accessory to the ice rink, like food service. Harvey said in the deed restrictions, a lot of these things can be covered. Richman said most of these items can be covered under the PUD amendment process. Richman reminded Council the code now allows that essential community facilities 13 ReQUlar Meeting Aspen City Council May 9. 1988 may be commercial. These should be decided before final approval. Councilman Isaac moved to add the above language in #2 pages 2 and 4; seconded by Councilman Tuite. All in favor, motion carried. Mayor Stirling asked about the issue of deadline related to phase II. There is an overall PUD deadline. Does this applicant have forever to build phase II. Richman told Council when the PUD was adopted in 1985, it set out a specific construction schedules for phases I and II, which has been extended through the various extensions of the project. Richman told Council the PUD agree- ment is the best mechanism to apply construction deadlines. Richman told Council the problem with applying deadlines to the GMP is that most of phase II is reconstruction credits. The new units are occurring as part of the Ritz construction. Richman told Council there is a code provision that a unit which is demolished must be rebuilt within 5 years from its demolition or the credit goes away. The staff has been tracking this limita- tion with the applicant, and some of these deadlines have had to be extended. Mayor Stirling asked about the overall approved units in the PUD, which was 447, and the proposal is for 342 units. When the hotel is built there will actually be 447 units. Richman suggested this be dealt with in the agreement. Council may spe cif y a time period in which the applicant must pursue con- struction of phase II or to close up portions of the Grand Aspen. Councilman Isaac asked about the parking agreement on the block between Dean and Durant that was f or the bloodstone Lodge. Harvey said he will have to check into this. Richman said when Council addressed the parking requirement for the hotel, this issue was addressed. Harvey said #3 refers to drawings, which the applicants have requested from the architect. Harvey said these will be iden- tified and delivered to the planning office for reference. Harvey said the next sentence is "Major changes include the removal of all but the first floor from an 86-foot section of the building on Mill street, the shortening of the elevation along Mill street by approximately 40 feet, the transfer of approxi- mately 30 lodge units into the Blue Spruce site and the lowering of the height along Mill street. Harvey requested this be changed to "to approximately 40 feet f rom the south property line". Harvey said this will indicate the distance between the end of the building to the south property line, which is the issue. Council agreed with this change on pages 2 and 4. 14 Regular Meetin Aspen Citv Council Mav 9, 1988 Harvey told Council the Mill street elevation shown to Council on May 5th, showed the roof over the apres ski lounge to be almost a two story element to soften the impact of the building. Harvey said the second sentence where it says "all but the first floor" is an inconsistency between what has been submitted and that reference to the f i rst f loor . Harvey said the building i s only one floor but the roof elevation comes up higher to soften the wall. There is nothing above the ski lounge. Harvey said #4 talks about the non-commercial uses and only structure to be a pavilion to service an ice rink and other outdoor activities to be operated and maintained at the expense of the applicant. Harvey said if the applicants put in an ice rink and have to buy a Zamboni, they have to have a building to house the Zamboni in. Harvey said if the applicants want skate rental and supervision or food service, there will have to be a commercial facility. Harvey said if the applicants are to operate it, one of the issues they would like to discuss is that they do not lose money annually forever. Harvey said they would like to have the ability to charge an entrance f ee, f or skate rentals, hot chocolate, etc. Harvey said this could be a commercial use and requested some language be added that this is an accessory commercial building as agreed upon in the amendment process. Harvey said if the applicants are donating a 27,000 square foot parcel to the city, there are some conditions of the approval process and some commitments from the city the applicants would like to be able to get. Harvey said if this is to require a commercial allocation and provision of employee housing, Harvey said they would like to be able to discuss terms of relief during the amendment process. Richman said the growth management quota system provides for an exemption for essential community facil- ities, reviewed by P & Z and Council, the requirement being not to compete f or any development but to mitigate impacts, which could mean employee housing and parking. Harvey said the applicants have not priced what an ice rink could cost. This could be an expensive proposition. Harvey said an option is a donation of land to the city with a lease back. Richman suggested language for #4, "Block bounded by Durant, Mill, Dean and Galena streets to be permanently deed restricted to open space and an accessorv structure/s to service an ice rink . ." Council agreed this was fine. Hughes requested #5 read "The previously approved "Roberts design" for phase I and phase Ii will not be built as approved by th a PUD and subdivision agreement dated December 5, 1985, and the applicant wil l continue to pursue an amendment to__the PUD concerning phases I and II thereof which will not exceed any of 15 Reaular_Meetinct Aspen City Council Mav 9, 1988 limitations herein." Council agreed with this change in #5 on pages 2 and 4. Councilwoman Fallin said in Etc) it states that the park f acil- ities will be ready for occupancy at the same time as will phase I. Councilwoman Fallin asked if the city wants to be that restrictive, rather than just landscaping. Richman said this language does not commit Council to an ice rink but gives an opportunity for an ice rink if that is what the community wants. Mayor Stirling asked if there is a commitment from the applicant to build an ice rink on this park. Sarpa said if that is what the community wants, that is what they will do. Harvey said this will be determined in the amendment process. Mayor Stirling suggested changing "occupancy" to "use". Council agreed. Harvey said #7 states, "The remaining aspects of the PUD, including but not limited to employee housing, are to be resolved during the amendment process." Harvey reminded Council Top of Mill only has conceptual approval. Harvey requested "as appli- cable to phase I and phase II" be inserted after the second comma. Council agreed with that interpretation. Harvey said #8 states "That any. hotel project submitted by the applicant not expand in size ." Harvey said he assumes that applies only to the Aspen Mountain Lodge PUD. Council agreed with that change. Harvey asked that the resolution be amended to add that Council, P & Z and staff agreed to expedite this amendment application and cooperate with the applicant. Harvey said P & Z has already been extremely cooperative. Taddune said that is implied and has been past practice. Hughes requested the language regarding the 120 day process be added to include "unless such time as soon enlarged" , in the event that this is not able to get done by September 9th. Councilman Tuite said he put the 120 days in as a realistic figure, and that figure came from staff. Councilman Isaac said he does not want to leave the time open-ended. Hughes said he does not want this resolution to be read that the door is now shut and the applicant cannot come back. Hughes said the applicants expect to get this done within the 120 days. Councilman Tuite said he does not want this project hung up because of financing; he wants it to go through review. Hughes said he would not expect to ask for an extension other that the fact the applicants has not been able to complete the process. Harvey asked if this time period is approval by Council or signed, recorded documents. Richman said approval by Council and the agreement approved by Council. Actual recordation can come later. Richman said 120 days is not enough time to get a foundation permit. Taddune said the language should read 120 16 Regular Meetina Aspen City Council May 9, 1988 days from the date of this resolution to obtain final approval by the city Council for the proposed amendment. Council requested that the date in the resolution be September 12, 1988, to coincide with a regular Council meeting. Councilman Isaac moved to approve Resolution #11, Series of 1988, as amended; seconded by Councilman Tuite. Roll call vote; Councilmembers Gassman, no; Fallin, yes; Isaac, yes; Tuite, yes; Mayor Stirling, no. Motion carried. Councilman Tuite moved to table the Red Roof Inns contract; seconded by Councilman Isaac. All in favor, motion carried. Councilman Isaac moved to table Resolution #9, Series of 1988, to May 23, 1988; seconded by Councilman Tuite. All in favor, motion carried. REQUEST TO USE CITY PROPERTY - Volleyball - Koch Lumber Property Bill Efting, leisure services, reminded Council during their last budget process, the Koch lumber property made it to the final list of capital improvements for 4 more volleyball courts and a trail but did not make it to the final cut. Efting told Council Leon Fell is asking for a temporary court. Efting said if the Koch lumber property is going to be developed into a trailhead in the next 2 or 3 years, that the Council look at more permanent courts. Efting said $7 , 000 i s a lot of money f or temporary courts. Efting said the request is also to be able to sell tee- shirts during the volleyball tournament; this is a Council decision. Leon Fell told Council their primary reason for this request is that they are trying to bring in a televised event, which is part of the pro-beach tour which will be added to the Labor Day weekend tournament. Fell said this will give the tournament national television. Fell requested the right to be able to build a temporary sand volleyball court on the Koch lumber property. Fell said the reason is to have an extra court in order to pull off the agreement for the women's pro-beach tourna- ment. Another reason for requesting this court is that there is over- crowding on the courts behind the Chart House restaurant. Fell said there are a lot of competitive players and a much larger recreation class using the courts. Fell told Council groups like ASAP and MADD are requesting court space for kids. Fell said he is willing to use local help to get time on these courts that is exclusively for the kids. Fell said this would be a lot veasier if the temporary court was built early this season. 17 Re4ular_Meetina Aspen Citv Council _ May 9. 1988 Councilman Isaac said $7,000 sounds like a lot of money for these courts. Councilman Isaac asked if Fell could get donations for the material and the city could use some of their labor to cut down on the 57,000. Fell reminded Council the 5 year proposal for 3 courts in this area was 518,000. Fell said rather than doing a temporary court, the city could start building this phase and one court would save a lot of money to. add 2 other courts. Fell said he will try to get some donations. The issue is whether they have the right to build this temporary court. If they get the permission, they will get to negotiate to build something earlier or to get donations. Mayor Stirling asked if the Shadow Mountain homeowners have any comments about this proposal. Si Coleman said he feels this is a good idea but feels this should be a first step towards permanent courts so that the work that is done will be of a permanent nature. Sharon Tennis said she would like to see a plan in order to see where on this prperty the courts would be located. Efting said there is no final plan but they are looking at the middle of the parcel in order to do some landscaping around the courts. Fell said he would be willing to work with the homeowners on the location of the courts. Councilman Isaac moved that Council approve the use of Koch lumber property for the construction of at least 2 volleyball courts for this summer and they should come back with a plan for location; seconded by Councilwoman Fallin. Councilman Isaac said the reason he did not allocate any money is that if Council allocates city funds, Fell will not get any materials donated. Councilman Isaac said he would like this to come back within the next two meetings. Fell asked if something does not happen on the 2 courts, are they allowed to build temporary courts for the tournament. Councilman Isaac said these can be built this summer, he just wants to know where. Efting told Council the courts behind the Chart House are f ull every night of the summer. Efting told Council he is also working on getting some gym time, weight room time for teenagers. Efting said he is working on getting one night a week f or kids at the volleyball courts. Councilman Tuite said the Eagle's Club have been wanting to do something by the trail system. This is a lot closer to the Rio Grande property and might be a better location. Fell pointed out the Koch lumber property is only one block removed from the most visible playing sites. It is an easy traffic f low between Wagner , Willoughby and Koch property and would be less of a congestion problem. All in favor, motion carried. 18 Regular Meeting Ashen City Council __ Mav 9, 1988 Mayor Stirling said the sale of food was a big problem last summer. Fell said they are only requesting to sell items related to the tournament by the sponsors. Councilman Isaac moved to direct the city attorney to do a vending agreement; seconded by Councilwoman Fallin. All in favor, with the exception of Councilman Gassman. Motion carried. ORDINANCE #18, SERIES OF .1988 - Water Rate Amendments Councilman Tuite moved to read Ordinance #18, Series of 1988; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #18 (Series of 1988) AN ORDINANCE AMENDING SECTION 23-101 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ESTABLISH MONTHLY WATER RATES AND CHARGES FOR METERED, NON-METERED, AND CONSTRUCTION RATE CITY OF ASPEN WATER CUSTOMER FOR THE BILLING PERIOD BEGINNING JULY 1988 , AND AMENDING SECTION 23-43(a)5 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO MODIFY THE EXTRAORDINARY WATER USAGE DEFINI- TION was read by the city clerk Councilman Tuite moved to adopt Ordinance #18, Seris of 1988, on first reading; seconded by Councilwoman Fallin. Cindy Shaf er-Wilson, finance director, pointed out this ordinance is a result of the April 7 work session and Council's last meeting. Some of the costs previously associated with the demand charge have been moved into the usage charge. Another change is that the avoided cost rates have been reduced, the charge f or extraordinary water use, the number of gallons has been reduced from 30,000 to 15,000 gallons. There has been a correction made in the service area factor for service area 2, which was calcu- lated in error. These changes are designed to increase the amount that a customer will pay based on their usage, which should encourage conservation. This will reduce the fixed monthly demand charge. Councilman Isaac asked what is service area 2,~what was the mistake and what will the effect be on the bills. Ms. Shafer- Wilson said service area 2 is the east side of town. A service factor of 1.5 was used, and it should have been 2.25. Ms. Shafer-Wilson said the bills will go up but doing it in combina- tion with these changes, the bills won't go up as much. Mayor Stirling asked if staff has applied some specific analyses to individual bills. Ms. Shafer-Wilson said she has not but will do it by the public hearing of June 13, 1988. Ms. Shafer-Wilson 19 Regular Meeting Aspen City Council -Mav 9~ 1988 told Council in general customers in service area 3 (Red Moun- tain) have higher ECUs and lower usage than normal. Most of these customer should see a reduced bill; however, it will be difficult because of the timing of implementing a higher usage charge in months when usage is higher than average. This may make a comparison difficult. Councilman Isaac asked if staff would do some sampling of each area to see what the impacts will be. Councilman Tuite asked if staff has a feeling for the rebates that might be given. Ms. Shafer-Wilson said she does not have an analysis but could put something together. Councilman Tuite said he would like to see an analysis to decrease the customers that were charged under the old billing system. Ms. Shafer-Wilson said each individual has a demand charge and a usage charge. If the city were to change to the current system to this ordinance, it would reduce the demand charge and would increase the usage charge. Some customers may increase and some may decrease. Ms. Shaf er-Wilson said the city cannot take out certain customers and say their bill should decrease and the rest should remain the same. Ms. Shafer-Wilson said she can do an analysis on how the revenues would change. Ms. Shaf er-Wilson told Council staff does not agree on retro- active adjustments because the existing rates are based o n the philosophy that the fixed costs to operate the system should be recovered equally throughout the year in a manner that relates to the potential demand the customer has on the system. Ms. Shaf er- Wilson said staff is saying that costs to maintain the system should be recovered whether or not water is produced. ECUs represent potential demand. Councilman Tuite said that theory is disastrous for saving water. Ms. Shaf er-Wilson said the proposed rates are to take all operating costs and associate them to the usage charge, which is a change from the original water manage- ment philosophy. Mayor Stirling asked if there is an intent on Council's part to make any retroactive adjustments. This is not in the ordinance and staff is not recommending it. Councilman Tuite said the customers have paid the higher rates and now when the rates would have not gone up, the city is changing them to stay high for the summer months. Ms. Shafer-Wilson said if a customer's usage is typically higher in the summer, that would be true. A lot of people in service #3 that is not true. Councilman Tuite said he would like staff to look into this. Ms. Shafer-Wilson said it would be more fair to adjust everyone's bill. Ms. Shafer-Wilson said it is difficult to calculate just those with an increase of X percent. Mayor Stirling said if the city is able to do a refunding of the water bonds, would this go to decreasing the rates. Ms. Shafer-Wilson proposed this go into the fund balance 20 Re4ular Meeting Aspen City Council Mav 9, 1988 for anything saved this year. When Council does the 1989 budget, they can consider whether these savings should go into fund balance or go toward reducing the rates or have less of an increase in 1989. Roll call vote; Councilmembers Fallin, yes; Tuite, yes; Isaac, yes; Gassman, yes; Mayor Stirling. yes. Motion carried. Peggy asked what it will take to get the usage printed on the bills. Ms. Shafer-Wilson answered that the staff is working on this right now. Ms. Shaf er-Wilson said the form has been changed and they need to find space for this. Ms. Shafer-Wilson told Council staff will provide an analysis to show how the revenues will change from the proposed rates and the current rates. Ms. Shafer-Wilson said she will investigate how much time it will take to go a retroactive adjustment. The Troop Leader of Troop 201 told Council they are working on their communication and citizenship in the community merit badge. Mayor Stirling welcomed the troop to the Council meeting. ORDINANCE #19, SERIES OF 1988 - Refunding Water Bonds Cindy Shaf er-Wilson, finance director, reminded Council her goal in refundings is to have at least $200,000 savings. Ms. Shafer- Wilson told Council between first and second readings of this ordinance, the bonds are offered f or sale. The staf f needs f rom Council a commitment level on the minimum savings acceptable. Joe Barrows, Kirchner Moore, told Council this refunding is for $7,265,000 which is the amount of the bonds that are maturing after the call date in 1990. Barrows told Council that $200,000 is a rea sonabl a savings. Barrows told Council the market has been more stable than in the past. Councilwoman Fallin moved to read Ordinance #19, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #19 (Series of 1988) AN ORDINANCE AUTHORIZING THE ISSUANCE B Y THE CITY OF ASPEN, COLORADO, OF ITS GENERAL OBLIGATION WATER REFUNDING BONDS SERIES 1988 IN THE PRINCIPAL AMOUNT OF $8,065,000 FOR THE PURPOSE OF PROVIDING FUNDS FOR THE REFUNDING OF $7,265,000 OF THE CITY OF ASPEN, COLORADO, GENERAL OBLIGATION WATER REFUNDING BONDS SERIES MAY 1, 1983, TOGETHER WITH ALL NECESSARY INCIDENTAL AND APPURTENANT COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH DESCRIBING THE FORM OF SAID BONDS, DESIGNAT- ING THE BONDS AS QUALIFIED TAX EXEMPT OBLIGATIONS, 21 Regular Meeting Aspen Citv Council May 9% 1988 PROVIDING FOR THE SALES OF SAID BONDS, ESTABLISHING CERTAIN FUNDS WITH RESPECT THERETO, PROVIDING THE PLEDGE OF THE FULL FAITH AND CREDIT OF THE CITY AS SECURITY FOR SAID BONDS, APPOINTING A PAYING AGENT FOR SAID BONDS, AND PROVIDING OTHER DETAILS IN CONNECTION WITH SAID BONDS was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #19, Series of 1988, on first reading; seconded by Councilman Tuite. Councilman Isaac said the city is selling 58,065,000 worth of bonds but the face value of the bonds is only 57,265,000. Barrows said because the bonds that are being refunded hav e a higher interest rate, it will require a larger number of bonds issued to refund them. Barrows said the city needs to issue enough bonds in order to provide enough revenue to pay the interest costs. Barrows said the greater the savings that occur, the higher the size of the bond issue. Councilman Isaac asked how this will effect the overall debt picture of the city. Barrows said it will effect it very little. Barrows told Council under the new tax bill, which is negatively inclined toward allowing municipalities to take advantage of savings available through interest rates, there is only one refunding permitted for each outstanding issue. Barrows told Council because there is such a short call on the original bonds, there will be some restrictions against taking advantage of further declines on interest rates between now and 1990. Barrows told Council this sale is in front of the bond insurance companies. Part of the credit for the 1983 issue will be applied to their fee. Barrows told Council he is giving this to another insurance company to make sure the city is getting the best rates. Barrows said he will then market the bonds. Roll call vote; Councilmembers Isaac, yes; Tuite, yes; Fallin, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #20, SERIES OF 1988 - Amending Section 11 - Fireplaces and Gas Logs Lee Cassin, environmental health department, told Council she has taken the 4 proposed ordinances and consolidated them into one ordinance. Ms. Cassin told Council under current law every building is allowed one fireplace and one certified stove. Ms. Cassin said people have asked to be able to have two gas log fireplaces. This section changes the definition of certified device to also include fireplace gas logs. Ms. Cassin said there are serious problems with the total particulate health levels in Aspen. The local implementation plan was adopted by Council and attempts to deal with the 22 Regular Meetina Aspen City Council Mav 9, 1988 particulate levels. It was decided it was necessary to address woodburning fireplaces and to make conversions of those to gas. Ms. Cassia said this is a method to allow those conversions that is gradual and has the least impact on people financially. From June 1, 1988, all new construction or new fireplaces will require gas logs. Ms. Cassin said the next section is to require registration of fireplaces and stoves. This is a requirement of the local implementation plan. Ms. Cassin gas fireplaces should be registered as well. This will be done without a registration charge. Councilman Tuite said he is concerned about the 5300 per day penalty. Assistant City Attorney Fred Gannett told Council this is the standard penalty for any violation of any ordinance. Gannett said the standard. penalty clause is up to $300 and/or 90 day s in jail. This ordinance has taken out the jail time and left intact not more than 5300. Councilman Isaac suggested the environmental health department send registration form to all the water and electric customers. Councilman Tuite said he has problems with the section saying that upon presentation of his or her credentials, the environmen- tal health director, or his or her duly authorized representa- tive, may enter at any reasonable time, any building, structure or premises in the city to determine compliance. Councilman Tuite said he does not have problems sending notice to people requesting to inspect the premises. Tom Dunlop, environmental health department director, said it has never been the posture of their department to take this aggressive role. Dunlop said they included it realizing it is new ground. If Council chooses not to approve it, they are willing to delete it. Gannett said Crested Butte has a provision where they ask, if they are refused, they go back to the municipal judge and ask for an inspection warrant. Councilman Tuite agreed the staff needs something to be able to find out if people are complying, but this has the possibility to being too abusive. Councilwoman Fallin said she would agree to going before the municipal judge for compliance. Councilman Isaac said he would like to see the language softened up. Dunlop said they have a notice of viola- tion procedure used for other sections. Councilwoman Fallin moved to delete section (iii) from all ordinances; seconded by Councilman Tuite. All in favor, motion carried. Council asked staff to come up with language they feel is more reasonable. Ms. Cassin told Council the last element is upgrading of high polluting devices to certified devices or gas logs when a property is sold. This is an element of the local implementation plan and is an attempt to provide a mitigating time period and to 23 Regular Meeting Aspen City Council May 9, 1988 allow people to get used to the law. Ms. Cassin said this would go into effect June 1, and people would have the option of upgrading or removing the device. Mayor Stirling pointed out there are a number of properties under contract, and there has been no disclosure about this. Mayor Stirling said June 1st is too soon, and suggested another date or those going under contract after June 1st. Mayor Stirling asked if this could be made part of the title company's requirement, like the real estate transfer tax. Mayor Stirling said if it isn't made part of the requirement, these will fall through the cracks a lot. Mayor Stirling said the city has more educating to do about this amendment and to embrace more of the community. Gannett told Council he tried to introduce language that paralleled the RETT process so that documents could not be recorded evidencing a sale until they had received a stamp. This would track the properties that are sold, and is the only way to enforce this ordinance. Councilman Tuite said if one unit is in the middle of a complex and has to install gas lines to the unit, this could be an excessive cost. Councilman Tuite said it may be more effective not to allow rental complexes to burn on certain days. Dunlop said another option is asking the entire complex to convert when a unit sells. Dunlop told Council the environmental health department is working on another educational program. They will be requesting funds for this marketing and public awareness program. Mayor Stirling suggested November 1, 1988, f or the conversion date of ga s logs. Anderson said buildings that do not have gas exten- sions into them could be a problem. Anderson suggested these could have the option of installing certified clean burning devices. Gannett said this could have a covenant to complete, give the person six month to come into compliance. Councilwoman Fallin moved to read Ordinance #20, Series of 1988; seconded by Councilman Isaac. All in favor, with the exception of Councilman Gassman. Motion carried. ORDINANCE #20 (Series of 1988) AN ORDINANCE AMENDING PORTIONS OF SECTION 11, ARTICLE II OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COL- ORADO, TO REGULATE AND REGISTER FIREPLACES, SOLID FUEL BURNING DEVICES, REQUIRING FIREPLACES INSTALLED IN THE FUTURE TO CONTAIN AND BE USED ONLY WITH GAS LOGS OR OTHER APPROVED EQUIVALENT DEVICES, PERMITTING FIRE- PLACES CONTAINING AND OPERATED WITH GAS LOGS TO BE CONSIDERED CERTIFIED DEVICES, REQUIRING FIREPLACES AND COAL BURNING STOVES TO BE UPGRADED TO CLEAN DEVICES OR 24 Regular Meeting Aspen City Council __ Mav 9, 1988. REMOVED UPON SALE OF THE PROPERTY, AND DESCRIBING THE PENALTY FOR VIOLATION OF SAID AMENDMENT was read by the city clerk Councilman Isaac moved to adopt Ordinance #20, Series of 1988, as amended deleting (iii) and insert November 1, 1988, as related to the sale of property; seconded by Councilwoman Fallin. Councilman Isaac asked about houses that are demolished that contain a fireplace. Can that fireplace be replaced or does it have to be replaced with a non-polluting device. Ms. Cassin said the fireplaces can be rebuilt under the existing law, which is one per building and a certified stove. This will require ga s logs in the fireplaces. Dunlop pointed out the ordinance states "or other approved equivalent devices". If technology develops in the f uture which will allow fuel comparable in emissions to natural gas, this provision will allow that technology. Si Coleman suggested that staff have a meeting with people who are knowledgeable in the installing of gas lines and fine tune this so as not to roughen the course of this new direction. Roll call vote; Councilmembers Fallin, yes; Gassman, no; Tuite, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #21, SERIES OF 1988 - Historic Designations Councilman Tuite moved to read Ordinance #24, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #21 (Series of 1988) AN ORDINANCE DESIGNATING 334 W. HALLAM STREET, 300 W. MAIN STREET, AND 134 W. HOPKINS STREET AS H, HISTORIC LANDMARRS PURSUANT TO CHAPTER 24, ARTICLE 7, DIVISION 7 OF THE MUNICIPAL CODE was ready by the city clerk Councilwoman Fallin moved to adopt Ordinance #21, Series of 1988; seconded by Councilman Tuite. Mayor Stirling asked if there is any dispute on any of these 3 designations. Roxanne Eflin, planning department, told Council each of these structures has been recommended for approval by HPC and P & Z with special conditions. John Kelly, representing Lot s R & L, Block 59, told Council they are not in agreement about the tenant displacement issue. This relates to con- dominiumization and is a premature matter. Councilman Isaac asked if any of these are applying for the funds Council has made available. Ms. Eflin told Council only 334 West Hallam is. 25 Regular Meeting Aspen City Council May 9, 1988 Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #16, SERIES OF 1988 - Newspaper Racks Councilman Isaac moved to read Ordinance #16, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #16 (Series of 1988) PLACEMENT OF NEWSRACKS IN PUBLIC RIGHT-OF-WA Y AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO ADD ARTICLE VI, SECTION 21-111 THROUGH 21-120 was read by the city clerk Fred Gannett, city attorney's office, told Council this is a product of a lot of work of CCLC. Staff and CCLC looked at ordinances from about 8 cities regarding regulating the placement of newspaper racks. Councilwoman Fallin said the ordinance is very confusing as written. Gannett told Council currently there is no regulation on placement of newspaper racks. Gannett said in the last year the newspaper racks have spread everywhere. CCLC is attempting to put into effect some regulation which would define the time, place and manner in which racks may be placed. The intent is to restrict their growth. Councilwoman Fallin said the complaint has been the unsightliness of what now exists. These should be cleaned up and be uniform. City Attorney Taddune told Council the CCLC has been discussing this for a long time. This is the first chance Council has had to see this. Council may not want to deal with this at all. Councilwoman Fallin moved to adopt Ordinance #16, Series of 1988, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Fallin, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #22, SERIES OF 1988 - Amending Section 3. Ordinance 30, 1985 Councilman Tuite moved to read Ordinance #22, Series of 1988; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #22 (Series of 1988) AN ORDINANCE AMENDING SECTION 3, PROVISION N0. 2 OF ORDINANCE N0. 30 (SERIES OF 1985) TO READ SECTION 13.4 OF THE ASPEN CITY CHARTER, RATHER THAN SECTION 10-8 OF THE CITY CHARTER was read by the city clerk 26 Regular Meeting Aspen City Council May 9, 1988 Councilman Tuite moved to adopt Ordinance #22, Series of 1988, on first reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Fallin, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. MALL LEASES Councilman Tuite moved to table to May 23, 1988; seconded by Councilman Gassman. The CCLC has requested a study session with Council before the next regular meeting. Jon Busch said the problems have arisen because of some new and unusual applications. Council scheduled a work session for Thursday, May 12, at 5:00 p.m. with CCLC, mall lessees, and interested merchants. SNOW DUMP LOCATION Chuck Roth, engineering department, told Council the district engineer from the water quality control division inspected the snow dump and gave it an approximate clean bill of health on the water quality. Roth said after 4 years of looking at snow dump locations, the alternatives are to maintain the existing site and do some serious landscaping and site improvements. This alterna- tiv a would cost about $200,000 but would not require any addi- tional annual budget for operating expenses. The second alterna- tive is to use snow melters, staff has a demonstration video. This alternative would require an annual budget increase for energy costs and additional personnel to operate the facility. The snow melters cost 565,000 each. City Manager Bob Anderson said there would be savings of alternative haul costs. Roth told Council alternative #3 is hauling the snow outside of town, which will cost at least $100,000 per year. Jay Hammond, city engineer, showed a video of a snow melt machine installed outside Toronto. Hammond pointed out this facility runs at 80 decibels right at the pit. There is a sound f ence built on 3 sides of the pit. Hammond told Council he took a decibel reading 50 feet away from the unfenced side, and the decibel level dropped to 70 decibels. Hammond said each snow melter unit will melt 40 tons per hour. Hammond said these machines can be turned off when they are not in use. Mayor Stirling said he favors alternative #2. Councilman Gassman agreed. Mayor Stirling said he would like to see the snow melt facility built on the county land near the sanitation district. Councilwoman Fallin said the noise would carry to the Pitkin Green and sanitation district residents. Councilman Gassman suggested lowering the snow melt installation and use earth as a 27 Regular Meeting Aspen City Council May 9, 1988 sound barrier. Hammond told Council this system has to be secured and fenced and to be lighted for work at night. Council- woman Fallin said the site by the sanitation district is also right next to A.C.E.S and Hallam lake. Councilman Isaac asked about thermal pollution of the river. Hammond said the water leaves the machine at 38 degrees. Hammond told Council the city will probably not be required to run the melted water through the sanitation plant; however, it would be run through settling ponds. Councilman Tuite asked how many tons of snow does the city trucks hold and how much snow is taken out per year. Roth said the trucks hold 3 tons and take out 40 trucks per hour. Roth said the high snow removal year was 1983-84 at almost 6,000 loads. In 1982-83, there were less than 1,000 loads. Anderson said Council can decide how many snow melter units they want. Anderson said he feels two might be the best number. The fewer units the city has, the more work has to be done on a stockpile basis. Remo Lavagnino told Council the residents at Oklahoma Flats have been putting up with the snow dump for 10 years. Lavagnino asked why this area should carry the burden of the city and why can't this be spread around or put where it is least noticeable with the least impact. Lavagnino said historically cities have used rivers as a sewer. Lavagnino said he thought Aspen was more enlightened in using the river. Lavagnino said he likes the melter but does not know the impact on Oklahoma Flats of having a steam cloud and what happens during an inversion. Hammond told Council there was a facility in Montreal that was shut down because it created sufficient steam that it iced adjacent streets. Hammond told Council that facility was 14 units all running at the same time. Hammond said the steam cloud is only a problem if it is operated without putting snow into it. Lavag- nino said he is concerned about the decibel level and the operation of this at night. Lavagnino said the river carries the sound. Councilman Tuite moved to suspend the rules and continue the meeting 15 more minutes; seconded by Councilman Isaac. All in favor, with the exception of Councilmembers Fallin and Gassman. Motion carried. Anderson said there are some risks with this and the city is trying to minimize them. Anderson said when the city picks snow up from an area where it naturally falls and put it some place else, it creates some effect. Mayor Stirling said the operation has to be near water and has to be on public ground. This may be the only alternative that meets these needs. Roth said there is some Marolt property that was purchased with transportation funds. Anderson said if that is the site, he recommends just 28 Regular Meeting Aspen City Council. Mav 9, 1988 dumping the snow. Anderson pointed out there is a definite area where the concentration of snow hauling comes from. Anderson said another choice is to have slower snow removal service. Mayor Stirling asked about the Moore property. Roth said this is a further haul distance; he has not looked at the legal ramifica- tions. Councilwoman Fallin said there are plans for putting ball fields in this area. Councilman Isaac said he would like to send this to P & Z f or their recommendations on site improvements. Councilman Gassman said this is a political decision. Hammond said staff does not have detailed site plans yet. Mayor Stirling moved to direct staff to investigate whether the city would do two or three snow melt machines at a specific site, either the county land by the sanitation district or a specific location as far away from any residential area in the Aspen One area and bring this back to Council no later than June 13, 1988; seconded by Councilman Gassman. All in favor, motion carried. CASTL ERIDGE ASSOCIATES RE VEST FOR EXTENSION OF LAND LEASE PAYMENTS Assistant City Manager Mitchell reminded Council they had granted a 60 day extension to allow Castleridge Associates time to look at some long term solutions. Mitchell told Council staff has looked at the possibility of refunding bonds to alleviate the problem of the increasing debt service costs. Mitchell told Council staff has determine refunding the existing contract is not possible to issue tax exempt bonds. Castleridge Associates are looking at their options and will return to the city. Mitchell told Council Castleridge Associates will be presenting to Council a rent increase proposal at the May 23 meeting. Mitchell suggested Council suspend the land lease payment until that date. City Attorney Taddune told Council this is non- recourse financing. If Castleridge Associates starts defaulting, the city will have to make a move on the rents. Mitchell told Council the only thing the city is at risk now is two land lease payments; Castleridge has been making their debt payments. Mitchell told Council Castleridge will be entitled to a 6.5 rent increase subject to making the land lease payment immediately and to setting aside the repair and replacement funds. Mitchell said it appears Castleridge Associates will go for the rent increase and stay with the project and look at conditional financing. Mitchell said at some point, Castleridge will become not afford- able employee housing. Councilman Gassman moved to suspend the land lease payments until May 23, 1988; seconded by Councilman Tuite. All in favor, motion carried. 29 Regular Meeting Aspen City Council May 9, 1988 Mayor Stirling adjourned the meeting at 9:12 p.m. Kathryn Roch, City Clerk 30 Regular Meeting Aspen City Council May 9, 1988 OUTSTANDING EMPLOYEE BONUS AWARDS . 1 PROCLAMATION - National Historic Preservation Week 1 PROCLAMATION - Municipal Clerk's Week 1 PROCLAMATION - Aspen School District/Staff Appreciation Day 1 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 2 ORDINANCE #17, SERIES OF 1988 - Housing Guidelines 4 RESOLUTION #11, SERIES OF 1988 - Aspen Mountain Lodge PUD 6 REQUEST TO USE CITY PROPERTY - Volleyball - Roch Lumber Property 17 ORDINANCE #18, SERIES OF 1988 - Water Rate Amendments 19 ORDINANCE #19, SERIES OF 1988 - Refunding Water Bonds 21 ORDINANCE #20, SERIES OF 1988 - Amending Section 11- Fireplaces and Gas Logs 22 ORDINANCE #21, SERIES OF 1988 - Historic Designations 25 ORDINANCE #16, SERIES OF 1988 - Newspaper Racks 26 ORDINANCE #22, SERIES OF 1988 - Amending Section 3, Ordi- nance 30, 1985 26 MALL LEASES 27 SNOW DUMP LOCATION . 2 7 CASTLERIDGE ASSOCIATES REQUEST FOR EXTENSION OF LAND LEASE PAYMENTS 29 31