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HomeMy WebLinkAboutminutes.council.19880822Regular Meeting Aspen City Council August 22, 1988 EMPLOYEE BONUS AWARDS 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 5 CONSENT AGENDA 5 ORDINANCE #31, SERIES OF 1988 - Administrative Delay 5 ORDINANCE #33, SERIES OF 1988 - Amendments to Aspen Mountain Lodge PUD 13 PROPOSED USES - Marolt House 15 SNOW MELTER DESIGN SELECTION REVIEW 15 RESOLUTION #28, SERIES OF 1988 - Ballot Questions for Special Election 17 BRAND BUILDING CONDOMINIUMIZATION 19 NITZE/STUNDA LOT LINE ADJUSTMENT 22 AWARD OF BID - Wheeler Exterior Work 22 PARKING FACILITY DESIGN CONTRACT 23 REQUEST TO CLOSE STREETS - Block Party Smuggler Land Office 24 CASTLE RIDGE 25 26 Meeting Aspen Cty_Council August 22, 1988 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Isaac, Tuite, and Fallin present. EMPLOYEE BONUS AWARDS Mayor Stirling said every quarter the Council has recommended to them employees selected as recipients of this award. Scott Keller, data processing department was nominated f or significant improvements in areas of job simplification and cost savings. These included the water management plan, utility billing and hand held meter readers. Patty Manuel, leisure services depart- ment, was nominated for the exceptional manner in which she continuously meets and exceeds the normal job requirements. Ms. Manuel successfully converted the office to the MacPlus system and dedicated numerous hours of her own time to this project. Jerry Detlefsen, water department, was nominated for his assis- tance to the customer accountant which enabled the water department to increase its revenue base and also for riding his bicycle to perform meter readings. Bill Ness, parks department, was nominated for the exceptional manner in which he exceeded his normal job requirements, especially the manner in which the clean up operations following the food and wine classic and 4th of July were handled. Craig Overbeck, finance department, was nominated for his work on the chart of accounts and his work made prepara- tion of the financial statements easier and quicker. Steve Smith, police department, was nominated for his accomplish- ments achieved as crime prevention officer while continuing duties as a patrol officer. Cindy Houben, planning office, was nominated for her flexibility and cooperative attitude in assuming supervisory responsibility as well as shifting job responsibility during a staff shortages. Council presented all the employees with a certificate and a check. CITIZEN PARTICIPATION 1. Nick Coates brought up condition of city-owned property. Coates told Council when he first came to Aspen the city main- tenance shops were maintained like a park. Coates presented some photographs of the way that facility is currently being kept. Coates showed a picture of the open space Marolt property across from the city shop. Coates said this property becomes a dumping ground. Coates said the Council should instruct the city employees that they cannot use open space as a dumping ground or parking places for vehicles. Coates showed a picture of the trail coming down from the Hunter Creek apartments. Coates told Council he was approached by the city to give an easement for this trail to the Roaring Fork River. Coates told Council there was a privacy problem and a berm and fence were built. Coates told Council he was concerned about the maintenance of the fence 1 Regular Meeting Aspen City Council August 22, 1988. and did not give the easement. Coates showed a picture of the fence and said since the day it was built, nothing has ever been done to it. Mayor Stirling moved to refer the state of the power plant, street department and fence and Marolt property adjacent to the power plant to the deputy city manager and the director of public work and to report back to Council before the next meeting; seconded by Councilman Tuite. All in favor, motion carried. 2. Bill Poss requested direction from Council regarding possible additional incentives for historically designated structure, in particular the waiver of the park dedication fee for designated structures. Poss told Council the HPC has had several people designated their structures recently. Poss said the city does have a $2,000 grant, which does not even cover going before the HPC. HPC is requesting direction whether there should be a code change or each application should be considered separately. Mayor Stirling moved to direct this request to staff to look at more incentives to amend the historic incentive ordinance and report back to Council by the first meeting in September, if possible; seconded by Councilman Isaac. All in favor, m otion carried. 3. Gideon Kaufman, representing Paul Hamwi, asked to be placed on the agenda regardless of Council's action on the moratorium. Kaufman told Counci 1 the Hamwi project was scheduled on this agenda but was taken off by staff because of the moratorium. Kaufman told Council thi s is the only project that has been recommended by P & Z not to be included in the moratorium. Kaufman said he would like the opportunity to be heard on this particular project apart from the moratorium. Mayor Stirling suggested this be raised during the moratorium hearing. Council- woman Fallin said the problem with putting this on tonight's agenda is that Council has no information on the project. Kaufman said he is only asking for the opportunity to be put outside the moratorium. Council agreed to hear this in context with the moratorium ordinance. 4. Tim Cottrell requested permission for a block party, which has been held f or the last 2 years, and to close Hopkins street. Th i s i s a benefit for the f ire department and Mountain Rescue . Cottrell said this will be scheduled for September 10th, which is the only time Smuggler Land Office is available. Cottrell told Council this is a carnival-type event, and barbecue. All the proceeds go the fire department and Mountain Rescue. There are no costs to the city. The sponsors do all the policing and 2 Recrular Meeting Aspen Citv Council August 22, 1988 clean up. This operates from noon until 4 p.m. on a Saturday and does not conflict with other local events. Councilman Tuite moved to add this to the agenda as item VIII (i); seconded by Councilman Isaac. All in favor, with the exception of Councilwoman Fallin. Motion carried. 5. Karen Barnett asked the city to waive the charge to hang a banner over Main street for a concert to benefit the youth center. Councilwoman Fallin said the charge is for everyone and it is only non-profit groups that can hang the banners. All non- profits have to pay the 550. It costs city far more than 550 to hang the banners. Councilwoman Fallin said she is opposed to starting a precedent of waiving the 550. 6. Lotte Bresnitz told Council she has written to the city about a water bill of 5212. Ms. Bresnitz said this seems to be an impossible amount of money for water. Mayor Stirling said the Council is having a work session on water rates tomorrow, August 23 at 5 p.m. to continue responding to particular situations. Mayor Stirling said Ms. Bresnitz' letter will be taken into consideration at this work session. 7. Maggie DeWolfe told Council during the Coors bicycle race, Bleeker street was made the substitute for highway 82. Ms. DeWolfe told Council Bleeker street was a gridlock. People parked 4 abreast with only 1 lane for moving traffic. This was an impossible situation. Ms. DeWolfe suggested the people who parked for the race could have been put out at Buttermilk and bussed in. Ms. DeWolfe said the cars could not get in or out and some were stuck on Bleeker street f or 2 hours. Mayor Stirling said the city will have an evaluation of the Coors Classic before budget hearing. 8. Maggie DeWolfe told Council semi trucks can park in the residential area for two days. Ms. DeWolfe said there should be an ordinance against parking semis in a residential areas. 9. Ed Zasacky, representing PCPA, told Council in light of the recent Marolt vote, they would propose a compromise. Zasacky requested Council put a question on the ballot asking if the voters favor a 1/2 cent sales tax for arts /employee housing and to return the Marolt property to a park. Zasacky told Council this sales tax would raise close to 510,000,000 and the rents would raise another 52,000,000 to 54,000,000, which money could go toward solving the problem on private property and not public open space. Councilman Tuite said he does not have a problem discussing this and asked if the PCPA is prepared to drop the issue no matter what the outcome i s. Zasacky said they are willing to take that risk. Councilman Isaac suggested a study 3 Regular Meeting Aspen Citv Council August 22, 1.98.8 session with the PCPA to discuss this as well as allegations that the city has been spending much of the open space money on other items. Councilman Isaac said he would like an accounting from the city staff on the sixth penny over the last 10 years. Council scheduled a work session with PCPA on open space and 1/2 cent sales tax for September 13th at 5:00 p.m. 10. Francis Whitaker said he feels the fact sheet put out by the housing authority for the election was biased, incomplete and inaccurate. The fact sheet told of the needs of the M.A.A. but did not tell that millions of dollars of public property were to be given away. Whitaker said the fact sheet told of the need for housing on the Koch lumber property but did not tell that this property was given to and accepted by the city, deed restricted for park, recreation and open space use. Whitaker said the ballot question had an inaccurate description on the Marolt property. Whitaker reminded Council the Pitkin County Parks association lent the city $100,000 interest free to help with the purchase of the Zoline property. Whitaker said PCPA was told the city needed to sell the Red Roof Inns in order to buy the Zoline property. Whitaker said the city intends to use the money from the sale of the Red Roof to remodel city hall. Whitaker said the PCPA might not have lent the city money if they had known about that. Whitaker said the city has a moral obligation, if not a legal one, to use money f rom the sale of open space property to purchase more open space. Jim Adamski, housing office, told Council the staff is proceeding along with the Marolt site with the M.A.A. Mayor Stirling requested a report at the first meeting in September. 11. Al Margolis, representing GRIP, asked for Council to put issues on the ballot so they will not have to continue getting signatures. Mayor Stirling said Council needs to have copies of the proposed questions. Mayor Stirling moved to have a work session August 29th to GRIP on issues of consolidation and annexation; seconded by Councilman Tuite. All in favor, motion carried. 12. Phoebe Ryerson requested a delay in the decision of where the city is going to put the parking garage. Ms. Ryerson said it precludes the use of the underground section between the court- house and the Jerome to the extent that the theatre could be inconspicuous. Mayor Stirling suggested this be brought up under the parking facility design contract award. 4 Regular Meeting Aspen City Council August 22, 1988 COUNCILMEMBER COMMENTS 1. Mayor Stirling reminded Council of the work session August 23 at 5 p.m. on water rates. 2. Mayor Stirling said there is a continued meeting Wednesday, August 24, at 5 p.m. on the amendments to the Roberts PUD, specifically to address employee housing and parking. 3. Mayor Stirling congratulated the M.A.A. on a fine season. 4. Mayor Stirling said the Coors Classic went well. There are a lot of challenges from this event. Mayor Stirling proposed a post mortem discussion of the Coors Classic in advance of the budget hearing with the ARA, lodging association, Tim Anderson and interested parties. Mayor Stirling thanked the downtown businesses, lodging, restaurants and city staff for their effort in this event. 5. Assistant City Manager Mitchell requested a meeting on September 19 with the Commissioners to discuss the joint manager experiment and to have a report from NW Council of Governments starting at 4 p.m. 6. Assistant City Manager Mitchell requested Council add Castle Ridge to the agenda. Mitchell reminded Council when Castle Ridge Associates requested a rent increase, Council instructed staff to work on coming up with a long term solution. Mitchell said he would like Council to continue this into an executive session to discuss litigation and negotiation strategy.. Councilman Isaac moved to add Castleridge to the agenda; seconded by Councilman Tuite. All in favor, with the exception of Councilwoman Fallin. Motion carried. CONSENT AGENDA Councilwoman Fallin moved to approve the consent agenda; seconded by Councilman Tuite. The consent calendar is: A. Liquor License Renewals - Grand Aspen; Meadows; Mezzaluna B. Minutes - August 8, 9, 1988 C. Pfister Correction Deed (Fred Gannett) All in favor, motion carried. ORDINANCE #31, SERIES OF 1988 - Administrative Delay Mayor Stirling said Council has passed a resolution putting an administrative delay in place. This delay is for 6 months. Mayor Stirling said the general reason Council decided to do this 5 Regular Meeting Aspen City Council August 22, 1988 is because of the dramatic change in neighborhoods in the east side of town and a loss of residential housing in the east side of town. Mayor Stirling said a writer on architecture recently talked about a general urge to destroy everything and put up new, and talked about a loss of history and of identity falling by the wayside of the highest and best use. Mayor Stirling said America is notorious for obliterating creatures and structures. Mayor Stirling said Council feels this is so serious, they have proposed an administrative delay. Mayor Stirling said Council is not going to hear the pros and cons of specific properties. This public hearing is to determine how the city can improve this ordinance or if it should be adopted. Mayor Stirling recommended all people who have a specific property that requires a decision submit that to the planning office. Mayor Stirling suggested Council set a con- tinued public hearing where Council can hear all applications for a decision on exemption from the moratorium. (Councilman Tuite lef t the room due to a conf 1 ict of interest . ) Alan Richman, planning director, recommended final adoption of this ordinance with an amendment, attachment 1, which improves the exemption procedure and what will be considered exempt from this ordinance. Richman told Council citizens have identified areas that are very logical to be exempt from this administrative delay. Richman said there are two general issues the administra- tive delay is trying to deal with. First is the city is very concerned about the kinds of demolition taking place over the course the past f ew years. Richman said demolition is a natural process in the redevelopment of any community, and it may not be preventable. Richman said this is something the staff will be studying. Richman said the staff is going to look at the impact and mitigation of demolition, to look at what is being lost and what the community might be able to obtain through new develop- ment. Richman said staff needs a chance to study the problem and propose changes to the ordinances to deal with the displacement of housing in the community. Richman said another concern of the city has to do with new development on vacant parcels or redevelopment parcels. Richman said the concern is that the cash-in-lieu provision has proven to be extremely popular and all that the city has been getting is cash alternatives to production of housing. Richman said the provision of cash is an important community objective because it allows the housing authority to look at projects like the M.A.A. and dormitory projects. Richman said the concern is this is a continuing trend and projects like 1010 Ute and 700 East Main are exclusive projects with no affordable housing on site. Richman said this is not Aspen and not what people came to Aspen for. Richman said people came to aspen because it was a socially 6 Regular Meetinq_ Aspen City Council August 22, 1988 diverse community. Richman said staff is looking at a require- ment that some percentage of housing would be required to be produced on-site. Richman said housing on-site means housing gets produced the same time the impacts of a development happen. This also means there will be less people commuting down valley, and it means that employees will be living in town. Richman said the two objectives, dealing with loss of present inventory and making sure there is affordable housing on-site, are the reasons behind the administrative delay on review of subdivision activity as well as demolition application. Richman said the delay ordinance gives the city some time to study th i s i ssue . Richman said staf f has some thoughts about potential code amendments but not all the answers. Richman said he feels it will take several months to hear from Council and the community and to review this with P & Z and Council. Richman said the city does not want to lose more housing before winter, which is the reason for including the demolition of structures. Richman said the city is concerned about both loss of multi- family and loss of single family dwellings because of the change in character of neighborhoods. Richman said this ordinance also delays the processing of subdivision applications. If these are not delayed, owners of multi-family dwellings could redevelop these and get vesting such that if the rules are changed in the next 6 months, those rule changes cannot affect the redevelopment of the property. Richman said subdivision gets at the heart of the main concern, which is the loss of multi-family housing. Richman suggested there is a need to delay the acceptance of 1988 growth management applica- tions. Richman said if the city accepts GMP applications, more of vacant land will come in under the existing rules and will be developed without on-site housing. Richman told Council it has been difficult to write the exemption language for this ordinance. It is a complex set of rule changes that are being proposed. Richman said the staff would like to hear from the public in order to understand how this ordinance is affecting properties. Richman recommended Council not act on specific exemption requests at this meeting, but to identify the categories of activity which should be exempt. Richman said Council should have a subsequent meeting to deter- mine whether or not specific developments will be exempt. Richman said generally the types of recommended exemptions are either outside the concern or projects that would be consistent with the anticipated new rules. Richman said this is not looking at exempting people simply because they got caught in the ordinance. Richman said delays catch projects in various stages. Richman said the city needs time to review and act on this 7 Regular Meeting Aspen City Council August 22, 1988 proposal. Richman said there are 3 proposed ways to be exempt, through the building department, the planning office or those which will be processed by the Council. Richman said the first category of exemptions are all interior remodelling. Direction has been given to the building depart- ment to process these types of activities. The only activities that would be subject to this delay are remodeling activities where several units are remodeled into one unit. The second type of exemption are those which the planning office has the author- ity to continue to accept the subdivision and PUD applications. Richman told Council there are 4 different types. The first one is subdivision and PUD new development, not replacing housing, but is vacant land. Under the current rules, there is not requirement for employee housing to be supplied. Richman said an example of this is a lot split. Richman said staff does not expect that a lot split process which now has nothing to do with employee housing would have anything to do with employee housing in the future. This is new development, not replacement develop- ment. Second written into the exemption procedure are opportunities to look at subdivision or PUD applications which have been approved in the past. These are already built proposals which someone is trying to amend in a minor way. The third category is any application which has already received approval through the GMP process. Council has already reviewed the employee housing proposals for these projects and there is no reason for these projects to be delayed. Richman reminded Council both 771 Ute and 700 East Main have some replacement units. Richman said the ordinance should have language which authorizes the demolition of these units. This activity has been anticipated and the projects have received GMP allotments. The last area the staff can have the authority for exemption is any project, subdivision or PUD, which is 100 percent employee housing. Richman said the area where Council has the authority to exempt projects are areas where it is not quite as clear or staff felt these are not within the bounds of the delay ordinance. Richman said one of these areas has to do with short term units in the LTR or CL zones. Richman suggested if a residential units has been short term for 5 years, there is no reason it be caught in the delay. Richman pointed out he specifically mentioned LTR and CL and tried to avoid a provision which deals with the way a residential units has been used. Richman reminded Council the condominiumization regulations referred to housing guidelines. Richman said the result of this type of regulation is that property owners changed the occupancy of units in advance of condominiumization. Richman said staff will try to avoid that type of proposal. Richman said he has difficulty in looking at 8 Regular Meeting Aspen City Council August 22, 1988 how a unit has been occupied in the past. Richman said this exemption looks at how a unit has been occupied as well as what zone it is in. Richman said another way Council has to exempt a project is a subdivision or PUD application which proposes a minimum of 50 percent of the bedrooms on-site as affordable housing. Richman said the 50 percent number was picked as a high target because it is not known what the end percentage will be. Richman said a third type of exemption is a demolition/replacement type sub- division and the applicant proposes to rebuild on-site as affordable housing the number of units which were demolished. Richman said in the latter two, he went beyond what staff is likely to propose because it is not known what will come out of the code amendment process. Mayor Stirling opened the public hearing. Mike Garrish told he had friends leaving the Centennial because their rents were being raised. Garrish said projects have been built under the guise of low cost housing. Garrish said the city is trying to come in the back door and condemn his property and say he can't sell it. Garrish suggested the Victorians be moved to somewhere like the Marolt property to be used as low cost housing. Elsie Snyder, 801 East Hyman, building that has been going on. to put high rises all through against the hill. said she does not like all the Ms. Snyder said it is a shame town. These should have been Jim Moran said the retroactive effect of this ordinance bothers him. This is what happens when the city makes this ordinance applicable to pending applications. Moran asked about the impact to pending applications. Moran asked how many of these pending applications also involve the consolidation of dwelling units. Richman said there are two pending building permit applications regarding demolitions that would remove multi-family units. Moran asked what effect the administrative delay has on these units and what benefit does it have for the town. Moran said the staff should analyze those impacts and make that benefit disad- vantage comparison. Moran said a disruption exists, and that is why legislation that acts only prospectively is favored; legisla- tion that acts on things that have been planned is disfavored. Moran said the city should be concerned about people caught in this delay and the effect the citizens might suffer. Moran said it was pointed out that Council has already looked at employee housing aspects of some large projects. Moran said except for caretaker units, the cash-in-lieu is a significant 9 Regular Meeting Aspen City-Council August 22, 1988 aspect of those projects. Moran questioned what cash-in-lie does to the stated objective of developing on-site housing. Moran asked what happens to projects that do not fall within the specific categories outlined in the exemption language. Moran asked if these can be argued before Council at some later date. Moran suggested Council ought to be empowered to grant an exemption if they find such exemption is necessary in order to allow a reasonable use of the building. Moran told Council his client is making 3 units in the Durant Mall into 1. The cabinets and appliances have been stripped out of the units and the units are unusable. Moran said no permit was required f or that work. Moran questioned if the city wants these units to stay empty until February. Moran said when the city stops applications in process, they are not aware of the effects that may have on people who have started, spent money, committed funds, and made contractual arrangements in the anticipation that the rules would be change only prospectively. Richman said the reason for the exemption hearing is for Council to make a determination of those applications that are in the process right now. Mayor Stirling said Council will set a hearing as soon as possible. Richman pointed out the language used in the process for Council exemption is very specifically written. This gives 3 criteria saying Council shall approve the exemption request if it meets any one of the following criteria. Richman said he did not write this in a way to preclude someone who does not meet the 3 criteria from coming to Council and making an argument. Councilman Isaac asked how many people are in process that are effected by Ordinance #31. Richman said there are 2 subdivision- /PUD applications in process either in front of P & Z or pending hearing by Council. Richman said there 3 applications in either subdivision or PUD state. Richman said there may be others of which he is not aware. Richman told Council there are 2 project pending receipt of a permit for demolition. Richman said future subdivision/PUDs could be a larger number, but he is not aware of these. Council scheduled August 30th at 5 p.m.as a continued hearing for these exemptions. Richman requested these applica- tions be in his office by Friday, August 26. Richman said if these are requests that fall within the planning office author- ity, the applicants should submit the standard land use applica- tion. Andy Hecht told Council he will be ought of town the 30th and has a specific appeal. Council suggested this could be continued to the September 12 regular Council meeting. Chuck Brandt said the planning office does not recommend the demolition of non-employee housing units yet there is a morator- 10 Regular Meeting Aspen City Council Auaust__22, 1988 ium on demolition. Brandt said there is a situation in town where people have lived in their homes for years. The salability of these lots is clouded for the next 6 months. Brandt requested Council reconsider the moratorium on non-employee housing. Brandt said someone should be able to either sell their house or replace it if it has not been employee housing. Richman said staff has no idea how single family and duplexes may be effected by the proposed regulations. Richman said he cannot say the situation in 6 months may not be any different for these types of property. Richman said the reason this is included in the delay, if the city is looking at the tenants and that becomes the form of regulations, this will encourage the kind of dis- placement the city saw with the condominium regulations. Richman said if the city can separate f or the purposes of the delay and for the purposes of the future regulation, the displacement will not be created. Mayor Stirling said the concern is those homes that have been lived in by locals who wish to move or sell, and they are not displacing an employee. Mayor Stirling asked if it would be appropriate to continue final consideration of Ordinance #31 to the continued meeting, or to make a final determination on the ordinance in order to set the criteria. Richman said staff hopes Council adopts the ordinance at this meeting so that staff can begin exempting anyone who does not fit in the ordinance. Chuck Brandt said the way the growth management process works is that someone has a development application and wishes to proceed, they have had to have previously submitted a PUD application and have at least conceptual approval of the P & Z before a GMP application can be submitted. Brandt said the proposed morator- ium is until March, and asked how the PUD application would work. Richman told Council staff has suggested March 15th as the date for accepting residential GMP applications under the expectation staff will be finished with the review process by February. Richman said people do need to go through the conceptual process if they have a PUD. Richman said the only solution he has is to push the residential GMP submission date back 45 days to May 1. Paul Klingeman said he was supposed to close on a real estate deal but it has been clouded by this moratorium. Janet asked for clarification on how "short term" is defined. Richman said he will need to come up with a definition of short term. Kaufman raised the issue of the Hamwi subdivision because it is not like the other applications. P & Z has recommended it be exempted from the process. Mayor Stirling moved to hear this with all the rest next week. Motion DIES for lack of a second. Andy Hech t said he does not feel there is a difference and if Kaufman is heard, he should be heard on the equities of his case. 11 Regular Mee_ting Aspen City Council August 22, 1988 Richman told Council the reason he recommended not hearing a ny cases is so that staff can get a feel for how many exemption requests there are. Richman said he would also like a chance to verify the issues that are being raised. Richard Roth said if something is not done immediately, Aspen will become nothing but an upper class community; no one who works here will be able to afford to live here. Roth said he is in total support of this ordinance. Roth said the game is not working; the rules are working against the community and it is time to change the rules. Ramona Markalunas said a property that an old-timer has lived in for a long time that has not been employee housing should be exempted. Councilman Isaac said there is nothing to prevent the sale of property; the city is trying to prevent the houses from being torn down. Herb Klein asked if there will be an exemption procedure for people who have not gone far enough along to have a specific development application. Richman said anyone who submits an application to staff that staff cannot exempt, will be referred to Council. Richman said this exemption hearing next week is to deal with problems that have occurred with pending applications. Herb Klein asked about houses that have been occupied by tenants who are making enough money not to qualify as low or moderate income employees and would these situations be exempt. Richman said the area of the previous occupant and how it applies to the delay will need to come back to Council for guidelines. Mayor Stirling said that is why he suggested the continued public hearing because he is not clear on this issue. Joe Wells pointed out under exemption #2 is an exemption for application for subdivision/PUD amendment which does not request a change in the number of units. Well asked if where the number of units is proposed for reduction and Council has requested it through negotiation, these application would be exempt. Richman said there is not an approval of record for Top of Mill. Richman said there is no approval for the replacement units in the Aspen Mountain PUD. Gideon Kaufman said he feels the moratorium is misleading and is going to hurt rather than help the problem with employee housing. Kaufman said the city is taking one segment of the community and trying to get that segment to solve the problem. This was done with the Victorians, with the FARs. Kaufman said to pass the moratorium and to think that a few people with property left are going to solve this community's problem is ridiculous. This is a problem that everybody should have a part in, employers, property owners, employees and non-property owners should have to deal with. Mayor Stirling said he feels a sense of being punitive to those who are left. Mayor Stirling said it is not always clear to see the challenge, Part of what the city will do during the 12 Regular Meeting Aspen City Council August 22, 1988 moratorium is address the employee housing problem on a broader basis. Barbara Schey asked if the city is considering making bandit units legal. Mayor Stirling said the city will look at bandit and caretaker units. Klein asked what is a remodel. Richman said the direction he has given to the building department is that if a remodel is clearly internal activity, there is no issue. If the remodel is taking down all structural members, this will be brought to Council. Richman said he tried to define this and could not. Richman said he will look at definitions for remodel and for short term accommodations. Mayor Stirling moved to continue the public hearing to Tuesday, August 30, at which time Council will hear all exemptions that need to be submitted to the planning office on or before Friday, August 26 , and to direct the planning department to clarify remodeling, short term, and to look at the issue of occupancy of standing units that are not housing workers, to get clarity on the issue of owners and tenants and to further refine the criteria that Council will deal with; seconded by Councilman Isaac. Mayor Stirling amended his motion that the Hamwi project will be heard on the 30th; seconded by Councilman Isaac. Richman said he brought up an addition to the attachment if this is taking about a growth management or subdivision or PUD application that has received approval and to authorize the residual demolition. Council agreed this should be added to the attachment. Roll call vote; Councilmembers Isaac, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDINANCE # 33 , SERIES OF 1988 - Amendments to Aspen Mountain Lodge PUD Councilwoman Fallin moved to read Ordinance #33, Series of 1988; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #33 (Series of 1988) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE AMENDMENTS TO THE ASPEN MOUNTAIN SUBDIVISION/PUD was read by the city clerk Councilman Isaac moved to adopt Ordinance #33, Series of 1988, on first reading; seconded by Councilman Tuite. 13 Regular Meeting Aspen City Council August 22, 1988 Fred Gannett, city attorney's office, said (d) the reference to the subdivision of lot 6 should be deleted because it is prema- ture. Gannett said the question is the manner in which Council wants to proceed in approving the amendments to the Aspen Mountain Lodge. Gannett said Council can adopt these by motion, resolution or by ordinance. Gannett said if Council adopts this by ordinance, the time frame is very tight. Gannett said this ordinance will not take effect until 5 days after publication, which would be September 23. Bob Hughes, representing the applicant, told Council this relates to the recommendation from P & Z and could be better discussed at the continued meeting August 24. Hughes told Council this ordinance approves amendments that have been processed over the last several months and authorizes the Mayor to execute an amended PUD agreement. Mayor Stirling asked if this specifically refers to the resolution now in effect. Hughes said the PUD agreement adopts all the limitations and parameters. Jim Curtis said it appears to be awkward to adopt this on first reading when the amendments are still in discus- sion. Curtis suggested Council should finish their discussion regarding the amendments and then adopt them by resolution or by ordinance. This seems more typical with the intent of the code. Councilwoman Fallin agreed Council has another full meeting of questions on the amendments. Councilwoman Fallin suggested this be adopted at a continued public meeting. Gannet said adopting this later will make it difficult to meet the September 12 deadline. Mayor Stirling said maybe the city cannot accomplish the September 12 date. Hughes said this first reading gets the adoption process under way; it does not preclude Council from making amendments in this process. Councilman Isaac said this ordinance references the amendments and put this in the process. Councilman Isaac said there is nothing new in this ordinance. Mayor Stirling said he received a memorandum from Joe Edwards about variances under the planned unit development, section 24-8.3. Gannett said he has sent this letter to staff for comments. Richman told Council he has written a response to the city attorney' s office. Richman said he is very clear on the staff approach to these questions. Mayor Stirling asked if Council could have this answer by the meeting Wednesday the 24th. Roll call vote; Councilmembers Fallin, no; Tuite, yes; Isaac, yes; Mayor Stirling, no. Motion NOT carried. 14 Regular Meeting Aspen City Council August 22 ,_ 1988 PROPOSED USES - Marolt House Assistant City Manager Mitchell said after Council started designation procedures on the Marolt house, they requested staff to look at proposed uses for the house. Staff did that, talked to the HPC, the historic society, the PCPA. Staff looked at the internal needs of the house. The recommendation is that the house be occupied. Proposed uses range from employee housing, parks office space, community meeting space, or a caretaker unit associated with the Marolt property. Mitchell requested Council look at this for employee housing based on the city's efforts to fill a critical position in the county/city operation. Mitchell told Council the city was close to hiring a chief building official until that person could not find any type of housing that was suitable. Mitchell said the Marolt house would fill a critical need in the city's operation. Mitchell told Council he talked to the housing director who is amenable to asking the housing board to spend 525,000 of housing office funds to correct the deficiencies in the house, like the roof and the sewer. Mayor Stirling moved to direct the Deputy City Manager to w ork with the housing authority to transfer the grant of up to 525,000 to handle all deficiencies in the Marolt house and that the deputy manager proceed with fulfilling the dual purpose of caretaker/housing and possibly some public orientation that has been recommended; seconded by Councilwoman Fallin. Councilwoman Fallin asked if the house is large enough to make it dual purpose. Mitchell said it is not big enough for a dual purpose; however, an employee living there could fulfill a dual purpose in controlling access to the property and acting as a security factor on the property. This person would not be doing actual work on the property. Mitchell said this is a 4 bedroom house of approximately 1700 square feet. Councilwoman Fallin said she does not think the house is big enough for an office and a residence. Mayor Stirling said in dual purpose he meant something like Mitchell was describing. Councilwoman Fallin said she would like to the caretaker broadened so that the tenant is also a security and property manager. Councilman Tuite asked if the city intends to pay the housing authority back with the proceeds of the rent. Mitchell said the housing authority requests if the city ever makes the Marolt property not housing, that the funds be refunded. All in favor, motion carried. SNOW MELTER DESIGN SELECTION REVIEW Chuck Roth, engineering department, told Council staff is working on detailed design of the snow melt facility as well as review 15 Reqular_Meeting - Aspen City Council August 22, 1988 procedures of the SPA and stream margin. Roth told Council this is scheduled before P & Z September 20 and Council September 26 for SPA and stream margin review issues. Roth told Council staff looked at the Jenny Adair site, existing snow dump and the existing impound lot. Roth reported the Jenny Adair site is too small and the residences are too close. This site is not recommended. Roth said between the other two sites, staff would recommend the impound lot site. Roth told Council all the sand that gets put on the streets will also get picked up with the snow. This will be filling up the snow melter pit, and in the worst case the city will have to clean out the melter pit once or twice a day. Roth told Council the impound lot site is higher than the snow dump site; that will give some assistance from gravity to help drain out the snow melter pit. Roth said the snow melter and installation cost 573,000. At the impound lot there is about $128,000 possible work; if the landscaping is removed in 1988, the cost will be 562,000. The site work at the existing snow dump would be 5108,000; if the landscaping costs are removed f or 1988, it will cost 545,000. Roth said this is an experiment and all the pros and/or cons will not be known until it is tried. Noise could be a problem. The grit in the snow may also be a problem. Roth suggested Council consider a similar investment in 1989 to get a facility that works well for the city. Roth said it ultimately may be desir- able to have a facility which takes all the snow as the trucks get it off the streets and the city will not have to have an excess snow storage area. Councilman Isaac asked if there is a place for the cars from the impound lot. Roth said his only suggestion is to move these to the existing snow dump site. Council said this is not a good solution. Assistant City Manager Mitchell told Council that putting cars at the dump is a secondary solution. The city needs a location close to town. Mitchell said designating the impound lot for the snow melter would mean delaying construction of the snow melter because there is not an alternative location for the impound lot. Councilwoman Fallin said she cannot understand why the city is concerned about the convenience to the person who gets their car towed and that this person cannot go out to the dump and pick up their car. Mitchell said this would increase the cost of towing substantially as well as inconvenience. Mitchell said someone will have to take people to where the cars are towed. Fred Gannett, city attorney's office, said another reason is the length it would take to tow cars to the dump. The towing contractor would have to increase the number of tow trucks to maintain the same service. 16 Regular Meeting Aspen City Council August 22, 1988 Mayor Stirling moved to direct the engineering staff to use the snow dump site with the budget as designated at this point and do no landscaping the first year in order to see how the experiment goes the first winter and to have a full evaluation after the first year; seconded by Councilman Tuite. Phoebe Ryerson said the Rio Grande was bought for other purposes than what it is being used for. Ms. Ryerson said it is incred- ible that the city keeps on doing illegal things on the Rio Grande, which is for transportation, public parking and for recreation. Bil Dunaway said the snow dump is not on the Rio Grande. All in favor, motion carried. RESOLUTION # 28 , SERIES OF 1988 - Ballot Questions for Special Election Council has set a special election for October 11, 1988, to deal with the initiated petition. Councilman Tuite said the hospital is going to make a presentation on a possible land trade of their housing. Jane Ellen Hamilton, representing the hospital, told Council they are working on their master plan. They have come up with an employee generation quota that they need to meet. The hospital has been looking at sites to put employees close to the hospital for emergency personnel to have quick access. Ms. Hamilton said the county will be transferring some land to the hospital in an intergovernmental agreement. Ms. Hamilton said they would like to know if the city is interested in pursuing this land trade. Ms. Hamilton said the site is on the road going up to the water plant and is not visible from Meadowood and would be in close proximity to the proposed county health and human services building. Ms. Hamilton told Council the city owns about 1 acre of land. Ms. Hamilton said the city could work out a land trade with the county. The county would then work with the hospital and the housing authority in developing this site. Ms. Hamilton said this project could have some units reserved for the city. Tom Stevens, Design Workshop, told Council there are 24 units proposed. The hospital will be required 15 units for their expansion. Stevens said they looked at the maximum amount of units they could get on the site. Stevens said the housing authority wanted a mix of one and two-bedroom units, and they have dropped the plan to 20 units. Stevens presented a site plan. The parking ratio is one per bedroom. The site is close to the existing bus stop and proposed health and human services building. The health and human services will be integrated with the hospital through pedestrian links and common landscaping. 17 Regular Meeting __ _AsAe~n Citv Council Auaust 22. 1988 Councilman Tuite told Council the reason the hospital is discuss- ing a land trade with the city is that there is a ridge up above and if they had to excavate that site, the costs would increase significantly. Councilman Isaac asked why this has to go to a vote. Councilman Tuite said because the city is disposing of land. Mayor Stirling suggested the city could retain ownership and grant a lease. Ms. Hamilton said taking the city out would simplify the process. Councilman Tuite said this project would have to be bonded. In order to pass a bond, the city would have to grant the hospital a 99 year lease, which is disposition of the land. Mayor Stirling asked who is going to build the project. Ms. Hamilton said the housing authority has committed to a bonding procedure for this project. The hospital will be the developer of the project. The hospital anticipates hiring a property management to take over once the units are built. Mayor Stirling asked what the city will trade the land f or. Ms. Hamilton said the county is willing to discuss this. Councilwoman Fallin suggested the Oden parcel. Mayor Stirling said he would not want the units restricted just to municipal workers. The public should have access to these units if public money is being used for them. Hans Wiik, hospital administrator, told Council the hospital has employees on-call and these people have to commute in. Wiik said the hospital is starting to see some quality of care concerns when these employees have to commute from down valley. Mayor Stirling said he would not support this if the housing were exclusively for city employees. Fred Gannett, city attorney's office, said his office will draft a question which tries to define the area the city is seeking to trade or to sell. Gannett said he will have to know the parameters f or the question. Councilman Tuite said he would not recommend a sale of this property as it would make the cost of employee housing more expensive. Mitchell suggested donating the land to the housing authority. Councilman Isaac said if the city is giving this to the housing authority, why does this have to go to an election. Councilman Isaac said the city just went to the voters for a number of employee housing questions. Councilman Tuite moved to direct the city attorney to draf t a question to transfer land to the county in exchange for like land or a variation on that theme; seconded by Mayor Stirling. Mayor Stirling said he would like to know how this piece of land was purchased, with what money, if there are parcels that the city and county could trade. Mayor Stirling said this could be discussed on August 30th at the continued meeting. Councilman Tuite amended his motion to include these comments; seconded by 18 Regular Meeting Aspen City Council August 22, 1988 Mayor Stirling. All in favor, with the exception of Councilman Isaac. Motion carried. Bob Hughes said this resolution also include the PUD initiative and would like to know if they can make comments. Gannett told Council he took the question proposed by the petitioners and put it into resolution form. This resolution establishes the question for a special election. Hughes said the Ritz is concerned about having a well-informed electorate. Hughes said this is an initiative that is pointed at the Ritz. Hughes said people have told them they signed the petition not knowing it was pointed at the Ritz. Hughes said he feels this question should let people know it is the Ritz that they are voting on. Hughes said he would like some clarifying language to that end. Mayor Stirling moved to table Resolution #28, Series of 1988, to August 30, 1988, at 7 p.m.; seconded by Councilwoman Fallin. All in favor, motion carried. BRAND BUILDING CONDOMINIUMIZATION Cindy Houben, planning office, told Council this is a request to condominiumize the Brand Building. Ms. Houben said the engineer- ing department had concerns which the planning office did not feel should be conditions of approval. The waiver of the six month minimum lease restriction was reviewed by the P & Z. This option is available through conditional use review to owners of historic buildings in the commercial core. Ms. Houben said the engineering concerns were reviewed at that time. Planning Office recommends the applicants be allowed to condominiumize the existing 7 units and to deed restrict one unit and not pay the affordable housing impact on that one unit. The total of the affordable housing impact fee on the other six units is $32,135. Ms. Houben told Council in 1986 when the units were approved in th e Brand building is when the city should have requested that parking spaces be made available f or these units. Because this was in the commercial core and built setback to setback, there was not an opportunity to provide parking, and the city waived the parking requirements. The engineering department has brought up that the city now has a cash-in-lieu for parking spaces. The engineering department recommends the city ask for cash-in-lieu for parking. Ms. Houben said the planning office feels it is not fair to go back and request cash-in-lieu after the units were approved in 1986. Jane Ellen Hamilton, representing the applicant, told Council according to the new code, residential uses in a historic structure are exempt from on-site parking requirements. Ms. Hamilton told Council the vast majority of people who stay in 19 Regular Meeting _Aspen Citv Council August 22, 1988 the Brand building do not bring a car. Ms. Hamilton said this is not changing the use and will not increase the amount of traffic. Ms. Hamilton told Council the Brand building has been used f or short term rentals. The reason the deed restrictions were lifted is there has never been an interest in long term rentals from local residents. Harley Baldwin said after the units are sold, the building will still be run as short term units. Councilman Tuite asked about the roof drainage. Ms. Hamilton said the building is built property line to property line. The applicant would put in a dry well to seal the roof; however, they need an encroachment license to put this in the alley. Ms. Houben said it is a condition of the P & Z approval that the applicants apply for this encroachment. Ms. Hamilton told Council the applicants offered to deed restrict one unit to employee housing in exchange f or waiving the entire impact f ee. The staff is requesting a restricted unit and an impact fee. Ms. Hamilton said the housing office supports the applicant's position of one deed restricted unit in lieu of paying any affordable housing impact fee. Ms. Hamilton said the city would get an employee unit available immediately and not cash into a fund to be used in the future. Ms. Houben said the code requires an affordable impact fee for each unit condominium- ized. Baldwin said the impact fee f or the whole building would be $37,000 and he offered to deed restrict one unit instead. Baldwin said staff seemed to support this because they could not find a one-bedroom unit for $37,000. Baldwin said he feels this is reasonable for both sides. Ms. Houben said the code requires when a building is condo- miniumized is that an affordable housing impact fee be paid based on the number of bedrooms. Baldwin said the logic of that fee is based on displacing long term employees, which this condominiumi- zation is not doing. Ms. Houben said the philosophy is when units are condominiumized, employees are generated by free market units. Ms. Hamilton said she asked staff if there was a way for a developer to offer a unit instead of cash-in-lieu. Mayor Stirling said a unit on site is desirable. Ms. Hamilton said the fees are not enough to replace a unit. Ms. Houben said the Brand Building has had an on-site employee and services are not increased to the building. Ms. Houben said that unit would be available employees of the Brand Building and not a unit open to the employee market. Ms. Hamilton said the Brand Building has been rented short and long term by tourists. This will not be a change in use. Ms. Hamilton said the Brand Building did try the long term lease restriction, and it did not work. Mayor Stirling said he does not feel the parking can be levied on this building at this time. 20 Regular Meetinq_ Aspen_Ci~ Council August 22, 1988 Mayor Stirling said he likes the idea of a deed restricted unit in town. Baldwin said he does not feel it is fair to both pay the fee and provide the unit. Councilwoman Fallin said she feels the city is better off accepting this unit, but may not want to set a precedent. Ms. Houben said the code does not give Council the ability to do anything other than accept the fee and the deed restriction on the unit. Baldwin could pay 54700 an have this unit be free market. Councilwoman Fallin said the city cannot take the $37,000 and do something with it. It would be more valuable for Baldwin to pay the fee on this unit and sell it with the rest, and it would be more valuable to the city to have a deed restricted unit down- town. Ms. Houben said the housing authority can leverage their money 3 times as much. Ms. Houben said staff feels it is important to have an on-site employee for the Brand Building. Councilman Isaac moved approval of the Brand building condo- miniumization with the 4 conditions as outlined in Cindy Houben's memorandum; seconded by Councilman Tuite. This would deed restrict one unit, submit a 532,175 housing impact f ee, a plat and agree to join future improvement districts. Ms. Hamilton said if that is the motion, they would like to be able to amend the application because they cannot live with both deed restriction and paying the impact fee. Ms. Hamilton said the restriction is not required; it was offered by the applicant. Ms. Hamilton said the applicant would prefer to pay the entire fee. Ms. Houben pointed out that the waiver of the six month minimum lease restriction by the P & Z was based on the fact there would be an on-site employee. Ms. Houben said this would constitute a change and may need to be reviewed again. Ms. Hamilton told Council that was not a condition of approval. Mayor Stirling asked about the reasonableness of a unit in lieu of payment. Ms. Houben said this could be discussed in other contexts and may be a code amendment in the future. Ms. Houben said she is afraid of what this may mean in other cases. Councilmembers Isaac and Tuite in favor; Councilwoman Fallin and Mayor Stirling opposed. Motion NOT carried. Mayor Stirling moved to table the request for condominiumization and direct the planning office to bring to Council an analysis of that section of the code in order to see if Council could address a broader way of reaching an agreement with the applicant and receiving that unit on some basis; seconded by Councilwoman Fallin. Fred Gannett, city attorney's office, told Council the Code does not allow waiver of the application of the fee, but there is 21 Regular Meeting __ _ _Aspen Citv Council Auaust 22. 1988 nothing in the Code that tells how the city receive s the fee. Mayor Stirling said he would like the city to have a downtown unit that is available to an employee. All in favor, motion carried. NITZE/STUNDA LOT LINE ADJUSTMENT (Councilwoman Fallin left the room due to a conflict of inter- est) . Cindy Houben, planning office, told Council this is a request for a boundary line adjustment between two properties in the west end. Ms. Houben presented Council a plat of this area. The area in question is 500 square feet. Ms. Houben told Council the Nitzes have been using that 500 square feet f or the past 25 years and want to legalize the boundary line. The Nitzes would like to build a garage which would encroach on that 500 square feet. Councilman Isaac moved to approve the Nitze/Stunda lot line adjustment with conditions 1 through 4 in the planning office memorandum; seconded by Councilman Tuite. Jane Ellen Hamilton, representing the applicant, brought up the condition regarding the sidewalks. Ms. Hamilton said this is a recent condition that has only been enforced against a couple of applicants. Ms. Hamilton told Council there are very few sidewalks on Third street. Ms. Hamilton said to require a sidewalk from one applicant seems to be disproportionate. Councilman Isaac withdrew condition #2 from his motion; seconded by Councilman Tuite. All in favor, motion carried. AWARD OF BID - Wheeler Exterior Work Bob Murray, Wheeler director, reminded Council last fall they approved $75,000 toward the repair of the brownstone, the old brick, the window sills and sealing the new brick on the west side of the building. Murray said the city did not get a bid for the work this spring. Murray said the city does have bids now and would like the work done bef ore the winter season. Murray told Council the lowest bid came in $14,000 higher than the $75,000 budgeted for the project. Murray told Council the Wheeler has spent $1 , 000 already. The lowest bid came in at $88,000. Murray negotiated on the scaffolding and lowered the bid a few thousand dollars. Murray told Council it is more cost effective to do the entire project at once and while the scaf- folding is there. Mayor Stirling moved to authorize expenditure of not more than $13,000 to come out of the general fund of the Wheeler Opera 22 Regular Meeting Aspen City Council August 22, 1988 House; seconded by Councilman Isaac. All in favor, motion carried. PARKING FACILITY DESIGN CONTRACT Assistant City Manager Mitchell proposed to continue with the consulting team that put together the conceptual design of the parking structure. Mitchell said staff feels one reason the parking structure passed the ballot issue was the plan as developed was satisfactory to the public. Mitchell said to assure this design carries forward, staff recommends negotiating a contract with RNL. Mitchell said the city hopes to start construction in spring 1989. Mayor Stirling asked where the money will come for this when the tax will not go into effect into January 1989. Mitchell said the funds will have to be advanced until the city receives the sale tax proceeds. Mayor Stirling asked when the city will bond this facility. Mitchell said the city will go to bonds after the first of the year. Phoebe Ryerson asked the footprint square footage. Dave Gibson, architects, said it is about 10,000 square feet. Mitchell said the library has been incorporated as part of the design. Ms. Ryerson said putting the garage in its site has knocked out the possibility of child care and radio and televis- ion studios. Ms. Ryerson suggested the parking garage be sited lower down and have the theatre there. Gibson said Ms. Ryerson is suggesting moving the garage where the playing field is and leaving vacant the land against the alley so there could be a performing arts building there. Ms. Ryerson said this garage would be placed under ground. Councilman Isaac said he does not have a problem awarding this contract to RNL but asked if the city has a requirement to put contracts out to bid. Mitchell said the original contract was put out to bid. This is an extension of the original contract. Mitchell said there are no statutory requirements to obtain bids for professional services. Councilman Tuite said the original bid was for a contract of $50,000; it was not explained that the rest of the contract would go with it. Mitchell said the city has a time line to get the parking structure built. If the city goes out to bid, this will add 60 to 90 days to the construction. Councilman Tuite said he uncomfortable with a contract this size that has not been put out to bid. Mitchell said this is not a typical bid process. The city went through request for qualifi- cations, picked the firm that would carry out the city's objec- tives and negotiated with them. Mayor Stirling said it is an issue of expediency. Ms. Ryerson asked what a class action suit would do to this. Ms. Ryerson said what could citizens do to make Council do to get 23 Regular Meeting Aspen_City Council August 22. 1988 other bids on this project to suggest that it would cost v ery little to relocate the field and do lots of good things for the area. Ms. Ryerson said the whole Rio Grande property is supposed to be considered as one unit. Mitchell said the SPA that is under consideration by P & Z includes the parking structure in it's existing location and other projects that have been dis- cussed like the library and the snow melt. Councilwoman Fallin said it was represented to the electorate where this parking structure was to be built. Councilman Tuite asked what the reimbursable expenses of $40,000 includes. Mitchell said it is for travel, copying, printing. Gibson said the consultant team is 8 members, only 3 of whom are locals. The reimbursable covers travel and communications, like phone calls, federal express. Councilman Tuite moved to direct staff to negotiate a design contract for the Rio Grande parking structure with RNL design not to exceed $318,000 plus reimbursable not to exceed $40,000; seconded by Councilman Isaac. Mayor Stirling said this is a lot of money not to be bidding the contract out. All in favor, with the exception of Mayor Stirling. Motion carried. REQUEST TO CLOSE STREETS - Block Party Smuggler Land Office Tim Cottrell told Council this is a request to close Hopkins street September 10th from noon to 4 p.m. This would be the third annual event, with a raffle, liquor and f ood concession, dunk tank. Cottrell said the money goes to Mountain Rescue and the fire department. Cottrell said Mountain Rescue is doing a fund drive for new trucks, radios and an addition to their cabin. The money they raise for the fire department goes toward uniforms and dinner for the department. Cottrell said this event is planned f or the shoulder season and there are not other local events it will conflict with. Councilman Isaac moved to approve the request; seconded by Councilman Tuite. Mayor Stirling asked if a percentage of the proceeds that go to the two groups after the Smuggler covers their basic costs. Cottrell told Council the Smuggler pays for the labor and has donated the proceeds from the food after the costs have been deducted. Cottrell told Council he is looking into having the food donated so the proceeds to the groups will be larger. Mayor Stirling asked how much the Smuggler profits from being the focal point of this event. Cottrell said the Smuggler does not profit. There is a large advertising bill; Smuggler pays for the labor. 24 Regular Meeting Aspen City Council AugustT22, 1988 Mayor Stirling said he talked to two businesses on the block, who are in support of this event. Councilwoman Fallin said last year this was voted down originally and then approved because it was last minute and all the arrange- ments had been made. Councilwoman Fallin said Council indicated last year that the Smuggler should find somewhere else to hav e this event. Councilwoman Fallin said she supports fund raisers but cannot approve an event to close the street when one business is supporting it. Councilwoman Fallin said if all of downtown were closed and all businesses were participating, she would not have a problem. Cottrell said this event is still a pedestrian access; people can walk through and not have to buy anything. Mayor Stirling said he is willing to treat this on an individual case. It does not seem to have a negative impact on surrounding businesses. All in favor, with the exception of Councilwoman Fallin. Motion carried. CASTLE RIDGE Assistant City Manager Mitchell requested Council continue this meeting in order to have an executive session to discuss negotia- tions with Castle Ridge and to discuss possible litigation. Mayor Stirling said he is not in favor of an executive session at this point. Mitchell told Council anything discussed in public would lessen the city's position. Castle Ridge Associates has indicated if this does not work out, legal action is something they would consider. Councilman Isaac moved to have an executive session Wednesday August 24, after the continued meeting on the Aspen Mountain Lodge PUD; seconded by Councilwoman Fallin. Councilmembers Fallin, Tuite and Mayor Stirling opposed. Motion NOT carried. Mayor Stirling moved to put this on the agenda at the end of the August 24th meeting; seconded by Councilwoman Fallin. All in favor, motion carried. Council continued the meeting to Wednesday day August 24th at 5:00 p.m. Council left the meeting at 9:05 p.m. Kathryn Koch, City Clerk 25