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HomeMy WebLinkAboutminutes.council.19881010Regular Meeting Ashen City Council October 10, 1988 SCHEDULED PUBLIC APPEARANCES - Coming Home Project 1 SCHEDULED PUBLIC APPEARANCE - State Award for Drug Awareness 1 CITIZENS COMMENTS ., 2 COUNCILMEMBER COMMENTS 3 RIO GRANDE CONCEPTUAL SPA 5 ORDINANCE #34, SERIES OF 1988 - Water Rates 11 ORDINANCE #35, SERIES OF 1988 - Amending Alarms 12 ORDINANCE #36, SERIES OF 1988 - CBS Final Plat and Vesting 12 ORDINANCE #37, SERIES OF 1988 - Bonds for Underground Project 12 AIR POLLUTION PROGRAM WINTER 1988-89 13 ORDINANCE #38, SERIES OF 1988 - Mandatory Odd/Even No Burn 15 HAMW I F I NAL PLAT 16 BERKO BUILDING APPEAL 17 BANNERS AT THE WHEELER OPERA HOUSE 19 IMPOUND LOT LOCATION 19 CONTRACT AWARD - Hockey Rink Dasher Boards 20 MILLS PROPERTY 20 RFTA SIGN REQUEST 21 FLUORIDATION OF CITY WATER 21 RESOLUTION #32, SERIES OF 1988 - Block 19 Annexation 22 RESOLUTION #33, SERIES OF 1988 - Approving Use Tax Agreement 22 ORDINANCE #39, SERIES OF 1988 - Castle Ridge Agreement Amendment 22 RED ROOF INNS WINTER USE 23 BOARDS AND COMMISSION APPOINTMENTS 23 26 Regular Meeting Aspen City Council October 10, 1988 PAVING THE ALLEY BETWEEN MONARCH AND ASPEN 24 27 Regular Meeting Aspen City Council October 10, 1988 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Fallin, Gassman, Isaac and Tuite present. SCHEDULED PUBLIC APPEARANCES - Coming Home Project Bridgette told Council the Coming Home project is a response to the atmosphere existing in Aspen and is an attempt to get people to take responsibility for their problems, the atmosphere and the problems. Bridgette said Aspen is seen as a family that has existed for the last 20 years in cooperation. Now there is a sense of diversity and no unity. This will be a program of events to try and get past bickering into creative action. Bridgette said the real power of a town is in its informal networks. This program is meant to support management but also represents a paradigm shift and an examination of the context out of which everyone is working and living. Larry said one component of the project is the healthy cities project which is initiated by the World Health Organization. This project has been in operation for 2 years with 23 cities in 16 countries as part of the project, none in the United States. Aspen will be looking at what is involved in becoming a healthy city. The second major component is the work of Dr. Jim Kent. Dr. Kent told Council they have been helping people in com- _ munities discover who they are and what their culture is and to look at the future. Kent said this is a way of having people look at tackling their own issues instead of passing them on to government or to someone else and to take the pressure off public bodies and private institutions. Kent said the seminar is after what is the positive side of Aspen. Larry invited Council to participate in the events of the week. Mayor Stirling suggested a work session with Council after the conference to discuss the qualities that make Aspen unique and what must occur in the valley to keeps these characteristics. SCHEDULED PUBLIC APPEARANCE - State Award for Drug Awareness Councilwoman Fallin congratulated the Board of ASAP who have worked very hard on this project. Councilwoman Fallin said for Aspen to be the winner of all the communities in Colorado is a real achievement. Larry Dragon said this is the first step, and Aspen has come a long way. Dragon said they received a plaque from the Governor and a check for $5,000. Dragon told Council a football was received and the Broncos will come to Aspen after the season. Councilwoman Fallin said a reporter from the Dail News received an individual award. Marsha Brendlinger said a 12 minute video was done, which incorporated many assets of Aspen and all the things the com- munity is trying to do in alcohol and substance abuse awareness. 1 Regular Meeting Aspen City Council October 10_, 1988 Ms. Brendlinger said was this was truly a community effort, and they would like to congratulate the community be hanging a banner on Main street. Ms. Brendlinger requested that the $50 fee for hanging this banner be waived. Councilwoman Fallin moved to allow the banner to be hung and to waive the fee; seconded by Councilman Tuite. Councilman Isaac said the city has been hanging banners for non- profit organizations and not waiving the fees. Councilwoman Fallin said this should come from the city to the people of the community as a thank you. Councilwoman Fallin said this is not a non-profit group advertising a cause, but is a congratulations to the city. All in favor, motion carried. CITIZENS COMMENTS 1. Nick McGrath, representing ABLE, Aspen Bike Lovers East, presented a copy of petitions with about 1 , 000 signatures supporting efforts for a trail system east of Aspen. McGrath said it is in everyone's interest to have a good trail system east of Aspen. McGrath said he will be presenting a $5,000 budget request to Council to design a safe path east of town. 3. Jerry Cole reminded Council he had sent Council a letter regarding a total lack of enforcement on the open container law. Cole said he would like to determine what is the next action to get enforcement on this law. Cole said the police department says they do not enforce this law because of a lack of direction from Council. Cole said he feels the city should send a firm signal to the youth of this community that they do not take a laissez faire attitude about open containers. City Manager Bob Anderson said the city generally enforces this law; however, there are times when it is very difficult to enforce them. Anderson said what is needed is more thought about how alcohol is part of Aspen's festivities, like Ruggerfest. Anderson said he has talked to the police department about how these activities might be handled next year. Anderson said the city is dealing with the laws as written and the community's customs as they have been. Mayor Stirling moved to direct the city manager to continue this discussion with the chief of police and to report back to Council as soon as possible; seconded by Councilman Tuite. Councilman Tuite said this has been discussed in a study session. Councilman Gassman said Council has also discussed what the cost of special event permits are, and one cost might be enforcement. 2 Regular Meeting Aspen City Council October 10, 1988 Mayor Stirling said there is a lot more the city can do, and the Council is prepared to address these. All in favor, motion carried. 3. Richie Cohen voiced a concern on Mayor Stirling's comments on a debate about the initiated petition and the Hadid group on the radio. Cohen said he understood that Council had passed a resolution and has an obligation to follow the same directive that they gave to staff and to remain neutral. Cohen said Bill Stirling represented his personal position but made it clear he was the Mayor of Aspen and this was objectionable. Cohen said if the initiative is passed, the city will probably be subject to a lawsuit and could face some damaging loses. Mayor Stirling said the Council did not say there was going to be a gag rule on any individual members. Mayor Stirling said Council was not taking a position as a body and asked no staff members to take positions on this issue. Mayor Stirling said individually any member of Council is able to speak out on any issue. Council agreed. Cohen said the Mayor has a special power as Mayor and did not make it clear he was speaking individually. COUNCILMEMBER COMMENTS 1. Councilman Tuite said there is an election tomorrow and no matter what happens, he would like to see the community think about how they got into this position and what can be done to try and get more consensus. 2. Councilman Isaac said he is disappointed that the Mayor made a statement about the election on the radio. Councilman Isaac said Council had decided they were not going to take a position on this. 3. Councilman Isaac moved to add to the agenda the contract for paving the alley between Hopkins and Main street as VIII (r); seconded by Councilman Tuite. All in favor, with the exception of Councilmembers Fallin and Gassman. Motion carried. 4. Mayor Stirling moved to add to the consent agenda a resolu- tion on the resort planning; seconded by Councilwoman Fallin. All in favor, motion carried. Councilman Isaac said everyone at the presentation was excited that Aspen's design community was recognized as being leaders in the nation for designing resort communities. Councilman Isaac said this is a plus for Aspen. 3 Regular Meeting Aspen City Council October 10, 1988 5. Mayor Stirling said there was a letter sent to the city from a newly annexed citizen giving accolades to the city road crews for their professional job and attitudes. 6. Mayor Stirling said there is a general election November 8 with a series of state amendments. Amendment #6 concerns tax limitations. Mayor Stirling urged Council to consider taking an action on amendment #6, which would repeal the city's real estate transfer tax and the parking structure tax. Mayor Stirling said this amendment takes away all control from local government. Mayor Stirling moved to direct the city attorney to research this, stay in touch with the attorney general's hearing, and to bring on October 24th a resolution for Council to look at; seconded by Councilwoman Fallin. All in favor, motion carried. Councilman Isaac asked that staff to evaluate the impacts of this amendment to the city. 7. Mayor Stirling acknowledged the environmental research group and the work they have done on Independence Pass. The research group has identified a series of things they want to do. Mayor Stirling said they are taking tremendous initiative to deal with erosion on Independence pass. 8. Mayor Stirling said he received a call from an individual who is willing to donate $350,000 and the cycling federation would donate $350,000 if the city could help with the land in order to build a velodrome in Aspen. Mayor Stirling referred this to the city manager and asked for a report back on this. 9. Councilman Gassman asked about the drainage on the Francis street Townhomes. Cindy Houben, planning office, said this is retaining on-site drainage. 10. Cindy Houben, planning office, requested Council move (c) from the action items Pitkin Reserve PUD amendment on to the consent agenda. Ms. Houben said there are no issues involved in this amendment. Mayor Stirling moved to add the Pitkin Reserve PUD amendment to the consent agenda; seconded by Councilman Tuite. All in favor, motion carried. Mayor Stirling moved to approve the consent calendar; seconded by Councilman Gassman. The consent calendar is: A. Minutes - September 13, 26, 1988 B. Liquor License Renewals - Aspen Grove Cafe, City Market C. Francis Street Townhomes Condominiumization (Cindy Houben) D. Harmon/Prentis Lot Line Adjustment (Cindy Houben) 4 Regular Meeting Aspen City Council October 10,~ 1988 E. Resolution #38, 1988 - Resort Planning F. Pitkin Reserve PUD Amendment All in favor, motion carried. RIO GRANDE CONCEPTUAL SPA Mayor Stirling opened the public hearing. Tom Baker, planning office, reminded Council at the last meeting they discussed the process and the presentation of the conceptual SPA. The P & Z unanimously recommended approval of the SPA with conditions. Baker said the first condition states the city should agree with the county to amend the 1982 land exchange agreement. Baker told Council he has been working with the arts groups, and they have another location on the site. Baker said the land exchange agreement will have to be worked out with the city and county attorneys. The second condition discusses the drainage plan, a list of easements and encumbrances and utilities overlay. Baker said this does not need to be addressed at conceptual but does need to be addressed at precise review. Baker said there are 19 other conditions that need to be worked out before precise plan. The first of these is that the applicant shall submit a site plan, landscaping plan, building design plan and building design techniques to mitigate visual impact of the development. Baker said plans for mitigation of impact caused by the Spring street extension shall also be presented. Baker said as Spring street is extended, the curve could have an impact on the residential area of Oklahoma Flats. Baker said each individual project will have to illustrate how they are mitigating the impacts. Councilman Gassman said P & Z stated they want the visual impacts of the library mitigated. Councilman Gassman said most com- munities are proud of their libraries. Councilman Gassman said he sees literacy as an important public value. Councilman Gassman said he disagrees with the goal to make everything invisible. Simone Genatt asked how staff can make a presenta- tion to make a land exchange if they want to see a performing arts center. Baker said he has discussed this with members of the performing arts groups and with the County Commissioners. Baker said the Commissioners would like to see some solution of the community's parking problem and would be amenable to amending the land exchange agreement to reach that goal. Baker said the location for the arts usage is being identified at the Aspen One/snow dump area, which is a larger parcel. Baker agreed about the library and said sometimes people lose site of the fact they should be proud of the structures that are 5 Regular Meeting Aspen City Council October 10, 1988 built today. A public building, like the library, could be used as a focal point. P & Z wanted to avoid having the Mill street facade create a canyon effect with the Jerome. Gary Ross, architect for the library, said the way the condition is worded related to the Mill street facade is good to avoid a canyon effect. Ross said there is another condition that states the library shall be restricted to one story in height from the plaza level of the parking structure. Ross said he would like to have this condition amended. Baker said another condition deals with environmental studies, air pollution, water pollution from the run off of the surface that will be created, and any loss of storm water detention areas should be replaced. These will be addressed before precise plan. Phoebe Ryerson said there seems to be a great rush for a decis- ion. Ms. Ryerson said there are other locations for the snow dump and this permanent location is being pressed on the public. Councilman Tuite said Council had a continued meeting on the location of the snow melt. Council said that any good ideas they received would be discussed. Councilman Tuite said if the city finds a better site, he has no intention of making this a permanent site. Glenn Rappaport told Council he did his master's thesis in architecture on the Rio Grande property and its usage as a cultural center. Rappaport offered to present this project to Council. Baker told Council conditions 3 and 4 are based on the fire marshal's recommendations. Condition #5 is that any downtown shuttle should service the Rio Grande site, the post office and pedestrian sites in between. Council agreed to add "recreational and cultural" sites also. Baker said condition #6 is a request that Council consider RFTA may have some need to store buses in town during the day, as opposed to storing them at Rubey park. Councilman Gassman said this was discussed during the Rubey park project and Council felt that RFTA was not to store very many buses in town during the day. Councilmembers Gassman and Fallin said they are not in favor of this idea. Councilman Tuite said he will bring this up at the next RFTA meeting. Baker told Council thi s was not a request f rom RFTA but came up as an option. Condition #7 deals with utilities. Condition #8 encourages actions in conjunction with the parking, like increased enforce- ment of parking in the downtown area. An attachment to this identifies the appropriate amount of half hour, one hour and two hour parking spaces as opposed to the current inventory. Another action is improved pedestrian access between downtown and Rio Grande by developing Galena street as a pedestrian corridor. 6 Regular Meeting Aspen Citv_Council October 10, 1988 This would include changing the angle parking, widening the sidewalks. Councilman Gassman requested Council strengthen this condition. Councilman Gassman said one of the most valuable things the Rio Grande plan can do is to emphasize the pedestrian link from downtown to the river. Ms. Ryerson said there is a hope that trolleys might be used as part of this link. Baker said he will take this out of 8(c) and make it a separate condition. Baker said (d) is implementing the Roaring Fork greenway plan, extending the trails and creating passive open space along the river. Baker told Council P & Z feels that the snow melt facility in the approved location placed at the bottom of the impound lot is appropriate. Mayor Stirling said Council has approved this on a one-year experimental basis. Councilwoman Fallin said the sanitation district has said they do not want the snow melt on their property. City Manager Bob Anderson pointed out the non- profit housing corporation is looking at this as a potential low- cost housing site. Baker said condition #9 talks about the fee structure and revolves around what the city's priority is, not to have a fee structure that pays for the parking structure but to get auto- mobiles off the streets. Baker said Council has addressed their desire about the fee structure at other meetings. Baker said condition #10 is that each applicant will address how many employees will be generated and will be required to mitigate that impact. Baker said condition #11 is when each applicant comes in for final SPA and they are requesting a GMP exemption as an essential public facility, they will be required to illustrate why. Baker said condition #12 is that the library shall be designed so that the Mill street facade has a pedestrian character and is set back so as not to create a canyon effect. Baker said the Mill street facade will be the most visible nature of the Rio Grande site. Councilman Gassman said the parts of Aspen that everyone admires are exactly what this conditions is suggested should be prevented. Councilman Gassman said if the library is an impor- tant public building, it should relate to the street like other public buildings. Councilman Gassman said he is opposed to requiring that the library be set back from the street with no design or study. Councilman Gassman said he is also opposed that the library should be only one story. Mayor Stirling said one issue is if Council has settled on the library being on the Rio Grande property rather than remaining on Main street and being expanded. Chuck Vidal, library board, said the board has analyzed alternatives of expanding on site and on to the clinic building. Vidal said on a cost benefit basis and 7 Regular Meeting AsAen Citv Council October 10, 1988 structure basis, those issues have been put to bed. Vidal told Council a library has unique structural requirements and cannot just occupy a building. Mayor Stirling asked what will happen to the current library site. Vidal said he does not know. Vidal requested a work session with Council. Vidal said the library board needs to resolve and finalize their position on the land. Vidal said the library is not going to be on top of the parking structure but will be building on a piece of land next to the parking structure. Vidal said the library needs to ability to expand in another 10 years as well as other criteria. Vidal said one of their criteria is that they do not want to go to the public. For the library to create this new building they need to be able to get revenues off the existing site and to get land at little or not cost. Vidal said the library board has gone over this with the Council and the Commissioners earlier. Richie Cohen asked if there has been consideration given to library usage for land available if there is a new site for the elementary school. Cohen said he thought the city and library had come to a conclusion that the site above Cap's was a given for the library. The arts groups then felt it was acceptable to move their interest in a property from the upper site down to the river site. Cohen said if the library site is questionable, then the arts groups would like to hold on to their site, which is the ideal site for a year round performing facility. Vidal said the library board felt that the deal had been made but no resolution has been passed. Councilman Isaac moved that this is the site for the library subject to conditions relating to the Oden property and the arts groups; seconded by Councilwoman Fallin. Vidal said because of the modification to the parking plan, the library has to feel comfortable that their expansion plans are not being precluded. Mayor Stirling asked about the inclusion of a youth center. Vidal said this has not been discussed because the parking structure has been pulled out from under the library. The library will be on its own group. Vidal said the spaces the youth center was looking at do not exist right now. Mayor Stirling asked if the library is willing to accept a youth center as a requirement as part of the new library. Vidal said the library is willing to work with the teen center group but is not sure the two uses are compatible. Vidal said he does not feel it is appropriate to compromise a library facility in terms of its goals to put a teen center in. Vidal said if the facility is not compromised, he does not have a problem putting the teen center in the library. Ms. Genatt said she is part of a new support group that is interested in building a performing arts center. Ms. Genatt 8 Regular Meeting Aspen City Council October 10, 1988 said if the snow dump land is given to the performing arts center, that the expansion potential of the performing arts center is also considered. Cohen said he would like a condition that gives this land back to the performing arts center if the library is not built. Cohen said the performing arts groups are willing to stand aside for a library because the library is ready. Cohen said the performing arts center does not have a better location. Councilman Isaac agreed the city ought to have a work session with the library board so money is not spend designing a structure that the Council is not comfortable with. Councilman Isaac said this is a good site for the library. All in favor, with the exception of Mayor Stirling. Motion carried. Councilman Gassman moved to eliminate conditions 12 and 13; ~PC~nclec3 by Councilwoman Fallin. Mayor Stirling said the point is not to limit the flexibility of the library. Baker said the fact that the parking is being pulled out from under the library has no impact on how these two structures sit on the site. Gary Ross, architect, said the main concern of P & Z is the canyon effect on Mill street. Ross said the condition of the one-story is not what P & Z intended. They were worried about the scale of the building from the pedestrian plaza on top of the parking structure. Ross said in order to achieve some of the other goals, like expansion and the pos- sibility of a teen center, there may be the ability to do a two story building with the same scale. Ross said this is more restrictive height limitation than anywhere else in town. All in favor, motion carried. Council scheduled a work session with the library board for October 17 at 6 p.m. after the meeting with the Commissioners. Mayor Stirling asked about the ability to expand to the east. Baker pointed out the plan shows a dotted line on top of the roof of the parking facility as a potential expansion for the library. Baker said this is holding that area in abeyance for library use in the future. Phoebe Ryerson said this would absolutely eliminate the possibility of a performing arts theatre. Council agreed with giving the library the ability to expand. Baker said condition #15, P & Z f elt the the teen center groups to see if their there. Councilman Gassman said he would but does not feel it is fair to make library. Councilwoman Fallin agreed. the city should not look at just forcing library should work with facility can be located strongly encourage this it a requirement of the Councilwoman Fallin said this on the library but 9 Regular Meeting Aspen City Council October 10, 1988 should look at other locations in the parking garage or on the Rio Grande. Mayor Stirling said it is time the city did some- thing for a youth center. Mayor Stirling supports doing this in conjunction with the library and would like to see this pursued to its fullest. Councilman Gassman moved to amend condition #15 to say that library, parking facility and teen center all go into the dialogue; seconded by Councilwoman Fallin. Councilman Isaac said people interested in a teen center need to look at other facilities available in the community, like the old library, the schools on Hallam and Bleeker streets. Council- man Isaac said putting the teen center underground in a parking garage might not be a good way to treat it. Councilman Tuite said there are other spaces available. Marsha Brendlinger said the teen center said they are concerned about there being a space and are happy to work with the city and with the library. Ms. Brendlinger said the time is right to give an image of a healthy community. Harry Teague said one of the considerations on where a teen center is put is an analysis of the traffic generated and how people will get access to it. Karen Barnett, ASAP, told Council in the survey the youth did, it came out that they wanted the teen center located in the downtown core. The youth would like to be part of the community. Glen Rappaport suggested the city look at how pedestrians will flow throughout this area, which may offer some solutions. Jeffrey Evans suggested the city remain flexible on a second story on the library. This could be used in the short term as a teen center and in the future an expansion area for the library. Skip Berhorst said the teen center can work with the library or within the parking structure. Berhorst said they are trying to find a location. All in favor, motion carried. Baker said condition #16 deals with the architectural element on top of the parking structure that covers the elevator and stairwell and moving it off the Galena street access. Baker said this is in important element in terms of construction drawings, and i f i t i s moved , the drawings will have to be redone . Councilman Gassman said Galena street is the major connection between the downtown and the Rio Grande and to put an elevator shaft in the middle of this is a mistake. Councilman Tuite said this area may be able to be used as a mall/transportation link. Harry Teague said there is an idea of extending the outdoor sculpture space from the art museum up to Galena. 10 Regular Meeting Aspen City Council October 10, 1988 Baker said condition #17 discusses the extension of Spring street. Baker said as part of the final SPA, they will be looking at where the street fits and how it would effect Cap's and not to preclude the possibility of a service station. Condition #17 was fine with Council. Council had no problems with condition #18. Councilman Gassman said he does not feel that the top of the garage should ever be used for parking. The staff should be looking at some uses for the top of the garage and avoiding a big concrete space that is not used for anything. Councilman Gassman recommended adding that if the parking ever expands, it goes down rather than up. Mayor Stirling supported that and asked that the resolution be more articulate in stating this is a public space and to be used for the town. Teague said this space ought to be supportive of the library and extension of the library. Joe Wells said he is appalled that the city is giving up half a block of open space adjacent to the river for an impound lot when the cars can be taken somewhere else and the fees adjusted. Mayor Stirling moved to continue the public hearing on the Rio Grande SPA to October 24; seconded by Councilman Gassman. All in favor, motion carried. Victoria Fuller told Council she is opposed to the Berko building being moved. ORDINANCE #34, SERIES OF 1988 - Water Rates Craig Overbeck, finance department, said this ordinance removes the out of town charge and reduces the maximum service factor from 2 .7 5 to 2 .0 . The rates are based on the proposed water budget for 1989 minus the estimated tap fees to be collected. Mayor Stirling opened the public hearing. Councilman Gassman moved to adopt Ordinance #34, Series of 1988, on second reading; seconded by Councilwoman Fallin. Overbeck reminded Council the 1988 rates adopted in July included the savings from refunding the water bonds. These rates are artificially low. Chuck Vidal told Council his water rates have doubled since last summer. Vidal said there seems like there is a penalty for watering yards and gardens. Mayor Stirling said this ordinance has an incentive to use more water in the summer and switches off in September. Mayor Stirling closed the public hearing. 11 Regular Meeting Aspen City Council October 10, 1988 Roll call vote; Councilmembers Gassman, yes; Fallin, yes; Tuite, yes; Isaac, yes; Mayor Stirling, no. Motion carried. ORDINANCE #35, SERIES OF 1988 - Amending Alarms Councilwoman Fallin moved to table this to October 24, 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #36, SERIES OF 1988 - CBS Final Plat and Vesting Cindy Houben, planning office, said there is one change since first reading, which is to vest the rights at the time the final plat is recorded rather than when final plat is approved. Ms. Houben told Council at the last review Council had 3 conditions which the applicant has since met on the plat. Mayor Stirling said there was some discussion of the possibility of any on-site employee housing. Sunny Vann, representing the applicant, told Council the applicant is proceeding toward building permit. The language which may allow caretaker units on the property has not been through P & Z. Vann said it is not possible to put the project on hold. Vann said to the extent it is desirable when the new regulations are in place and the applicant or owners are inclined to include employee units, this may permit incorporation of employee housing in this project. Councilman Isaac asked if this project went through GMP. Ms. Houben told Council it is a replacement project. Vann said there is an exemption in growth management for replacement of existing units. Councilman Isaac asked if these units will be short term. Vann said there is a prohibition in the office zone which precludes short term use. Ms. Houben said the applicants are not requesting condominiumization at this point. Councilman Tuite moved to approve the final plat of the CBS subdivision; seconded by Councilman Isaac. All in favor, with the exception of Mayor Stirling. Motion carried. Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #36, Series of 1988, on second reading; seconded by Councilman Isaac. Roll call v ote; Councilmembers Isaac, yes; Fallin, no; Gassman, yes; Tuite, yes; Mayor Stirling, no. Motion carried. ORDINANCE #37, SERIES OF 1988 - Bonds for Underground Project Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. 12 Regular Meeting Aspen City Council October 10, 1988 Councilwoman Fallin moved to adopt Ordinance #37, Series of 1988, as amended on second reading; seconded by Councilman Tuite. Chuck Vidal asked if there is a plan for undergrounding Snowbunny and Cemetery Lane areas. Mayor Stirling said the city is only undergrounding their electric district. Holy Cross has coopera- ted in their adjacent areas. Councilman Gassman said the city has encouraged Holy Cross to continue with their undergrounding. Roll call vote; Councilmembers Fallin, yes; Tuite, yes; Isaac, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. AIR POLLUTION PROGRAM WINTER 1988-89 Councilwoman Fallin moved to approve the program; seconded by Mayor Stirling. Lee Cassin, environmental health department, told Council there are 6 programs recommended by the Clean Air Board for this winter. The first is hiring a professional PR firm. Staff is proceeding with this and will go ahead when they get budget approval. The next program is the mandatory odd/even no burn program, which is next on the agenda. The next is asphalt coated sand, which is staff testing to see if it will work. The fourth program is real time pollution monitoring, which will be to get hourly readings of the particulate levels. Another program the state will fund, which is a meteorological station. Ms. Cassin told Council the two types of data the city has are intuition and the state health department model. The intuition would say that pollution comes from sanding. The state health department model shows 54 percent fireplaces and 36 percent sanding. The state health department's model is for a day in the winter when there are a lot of tourists in town, a lot of woodburning, a lot of driving and dry weather. The state's model does not predict what will happen in spring-like conditions. Ms. Cassin said the city does not know if, when the pollution is all from woodburning, the levels will ever get high enough to cause a violation. Ms. Cassin said the current data is not that compelling to point the direction in which the city should go to clean up the air. Ms. Cassin said at the end of this winter, the city will have the additional meteorological data and the chemical analysis. Ms. Cassin said this will not tell the city whether they have gone the right way or not. Ms. Cassin said the data has a large amount of uncertainty. Ms. Cassin explained the samples cannot be tilted and will be hand carried to Nevada after a certain amount is collected. Ms. Cassin said the data is meaningless 13 Regular Meeting Aspen City Council October 10, 1988 until the city has all the data for the entire season. Ms. Cassin told Council the data has a very large uncertainty and there will be 20 percent that is from an unexplained source. Councilman Tuite said the city may be made to do programs based on studies that have no relationship to the true situation. Councilman Gassman said he has doubts about this problem. Councilman Gassman presented charts that illustrate every day since 1976, the total TSP, high and low daily temperature and precipitation. Councilman Gassman said it seems there should be some causal relationship and if fireplaces are the problem, then the city should be able to see it. Councilman Gassman said the theory has been that Aspen has the worst pollution when there is inversions in dry weather. Councilman Gassman said from the chart that is not true, and he could not find any correlation at all between high TSP and temperature inversions. Councilman Gassman said if fireplaces are causing all the problems, why is there more pollution in the summer than in the winter. Council- man Gassman said the lowest TSP of the year is in the ski season 11 years out of 12. Councilman Gassman pointed out that the TSP level at Christmas and New Year's has exceeded the secondary standard only twice in 12 years, and it has never exceeded the primary standard. -- Councilman Gassman said the TSP has exceeded the secondary standard only 3 times in 12 years when the temperature was below 32 degrees. Councilman Gassman said the city is proposing to spend a lot of money on a program they are not sure of the causes. Ms. Cassin said the last emissions inventory done in 1984 showed sanding caused 84 percent of the total suspended particulate levels. Ms. Cassin said TSP is overwhelmingly caused by sanding and always has been a spring time problem. Ms. Cassin said what is not known is how high a PM 10 level the city will get in the winter when sanding is not a factor. Ms. Cassin said all of the woodburning emissions are PM 10 category. Councilman Gassman said he only has PM 10 charted for 1988, but it does exactly the same thing as TSP. Ms. Cassin said the sources that contribute to different types of pollution are completely different. Mayor Stirling asked if there is something that can be added to the PR program to include carbon monoxide pollution and not just emphasize PM 10. Ms. Cassin said this can be done. Mayor Stirling said Council has not determined the source of the revenue for this program. Tom Dunlop, environmental health department director, said items 1 through 4 were dealt with in the budget session, item 5 was not included. The $70,000 was to fund items 1 through 4; $42,000 has been requested in the environmental health department budget for 1989; $25,000 will be 14 Regular Meeting Aspen City Council October 10, 1988 in the streets department. There is 510,000 each for items 2 and 4 that there is no money for. Councilman Gassman objected to contracting for 540,000 without bidding this. Dunlop said this will be bid out. Mayor Stirling said he would rather see the city spend 530,000 rather than 542,000 on this program. Councilman Tuite pointed out the budget request is not just for the PR firm; it is for media ads, radio and newspaper. Dunlop said the staff wants Council to know the percentages of error up front so there is not hidden anticipation or surprises. Mayor Stirling said this is an overall community proposal rather than coming just from the city. All in favor, with the exception of Councilman Gassman. Motion carried. ORDINANCE #38, SERIES OF 1988 - Mandatory Odd/Even No Burn Councilman Isaac moved to read Ordinance #38, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #38 (Series of 1988) AN ORDINANCE AMENDING PORTIONS OF SECTIO N 2.3 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, SO AS TO REGULATE USE OF SOLID FUEL BURNING DEVICES AND PRESCRI- BING THE PENALTY FOR A VIOLATION OF SAID AMENDMENT was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #38, Series of 1988, on first reading; seconded by Councilman Isaac. Mayor Stirling recommended it be the owner that be fined to put the onus on the owner of the property. Fred Gannett, city attorney' s office, said the problem is getting the owner into court. Mayor Stirling asked about holding the management company responsible. Gannett pointed out this is getting farther and farther away from the person breaking the rule. Council ask that this be addressed by second reading. Si Coleman, Clean Air Board, said this year's version of the ordinance should not be viewed as perfect. Coleman suggested this might go to a licens- ing agreement. This will be done on a complaint basis the first year rather than hiring more staff. The exemptions will be handled by the Clean Air Board. Ms. Cassin recommended there be an exemption for people with certified devices. Council agreed. Councilman Gassman said to make a criminal act of something that is as poorly understood as this is wrong. Councilman Gassman said the 15 Regular Meeting Aspen City Council October 10, 1988 charts disprove the theory that the whole problem is caused by fireplaces. Councilman Tuite said if the city had control, that would be one thing. The city has the onus of the EPA coming in if they do not think the city is taking measures. Councilman Tuite said he sees this as a least cost method approach. Roll call vote; Councilmembers Fallin, yes; Gassman, no; Isaac, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. HAMW I FINAL -PLAT (Councilman Tuite left due to a conflict of interest) . Cindy Houben told Council this is a request f or final plat and condo- miniumization located on lot 4 of Sunny Park subdivision at the intersection of Park Circle and Park avenue. Ms. Houben said there are 3 units on the property. The request is to replace these 3 units, to add one employee unit, and to request an exemption from growth management for this unit. This 1300 square foot unit will be deed restricted to the middle income category. Ms. Houben said one outstanding issue is the sidewalk on the property. The engineering department has requested this sidewalk be moved closer to the property line. Ms. Houben told Council the city may want to expand the street at this intersection. If the applicants put in a concrete sidewalk, that may have to be torn up. The applicants are proposing to put in a gravel sidewalk. The engineering department does not favor this because of safety reasons. Ms. Houben recommended pulling the sidewalk back against the property boundary and make it a concrete sidewalk so that it will not have to be torn up. A gravel sidewalk does not meet the Code standards and should not be allowed. Marty Pickett, representing the applicant, noted there are no adjoining sidewalks and it is difficult to determine where the sidewalks should be. Ms. Pickett said pulling the sidewalks back 30 or 40 feet from the road is ridiculous because people want to use the sidewalk. Ms. Pickett suggested not requiring any sidewalks until the city knows where the road will be located. Ms. Pickett told Council the applicant has gone through the entire process thinking that the gravel sidewalk was what the city wanted and it is too late to change. Ms. Pickett said the applicant is willing to provide concrete sidewalks at such time the location is determined. Mayor Stirling said this entire area does not have sidewalks at this time. Mayor Stirling said there is wisdom in waiting to put the sidewalks in and require escrow so that it will be done by the owners. Paul Hamwi said this will become a responsibility of the condominium association or the owners of the units. Hamwi said the city is talking years before they know what they are going to do. Hamwi said this will be a 16 Regular Meeting Aspen City Council October 10, 1988 form of an assessment for the condominium owners. Mayor Stirling said a developer is responsible for a certain amount of infra- structure. Hamwi said the engineering department has stated they do not want anything permanent in the right-of-way until they hav e a plan. Mayor Stirling said the gravel would give a way to get people off the street. Ms. Pickett said the mechanism to guarantee the sidewalk is the improvement district for the owners. Ms. Picket said on drainage, the engineering department has agreed the condition can state that prior to issuance of any permits, the engineering department shall approve the drainage plan. Ms. Pickett said the project is decreasing the surf ace runoff. Ms. Houben told Council the housing office has worked closely with the applicant and has come up with a plan where the employee unit can be fit in. Councilman Isaac said he is concerned about waiving the balance of the housing impact fee for the rest of the units. Mayor Stirling said that is a trade off to get the employee unit on site. Ms. Houben pointed out this project will house 25 percent employees. There would be a 10 percent dif- ference from the required fee, which is $2,415. Councilman Isaac said the existing units are being replaced with free market units, and there is an impact on employee housing which is not being met. Councilman Isaac said he would like the city to get the balance of the housing impact fee. Council did not have a problem deleting the first sentence on condition 6 about the drainage. Mayor Stirling said he feels this project will be a benefit as long as there is a first right of refusal. Mayor Stirling pointed out this proposal is in the spirit of what Council is trying to do through the moratorium. Councilwoman Fallin said she would like to see the gravel path put in, at least, and that the sidewalk district should be in the condominium documents. Councilwoman Fallin moved to approve the f final plat of the Hamwi subdivision and exemption from GMP including conditions 1, 2, changing 3 and requiring the path as shown on the site plan and in the condominiumization that owners should join any future sidewalk improvement district, and stating in condition #2 prior to recordation of final documents, and deleting the first sentence in condition #6; seconded by Councilman Gassman. This is for four units, 3 free market and one employee unit. All in favor, with the exception of Councilman Isaac. Motion carried. BERKO BUILDING APPEAL Mayor Stirling said there was a letter submitted to Council appealing a decision by the Historic Preservation Commission, and 17 Regular Meeting Aspen Citv Counci_1_ October 10, 1988 Council needs to find if there is sufficient evidence that either abuse of discretion or denial of due process to decide to have an appeal. Fred Gannett, city attorney's office, said the a ppeal has been filed; the question is how Council wants to hear it. Gannett said the Council has the choice whether to consider the letter to be a request for an appeal. Gannett told Council he construed the letter to be an appeal. Gideon Kaufman, represent- ing .the applicant, said he should have a chance to address whether or not there should be an appeal. Councilman Isaac said based on the petition that was given to Council, an appeal is being made. Councilman Gassman moved to set a hearing for an appeal on the HPC approval to allow the removal of the Berko building; seconded by Councilwoman Fallin. Gannett said Council has to decide to hear an appeal within 60 days and they should set a time and place in a duly constituted meeting. Gannett said he will send out notices to the parties. Kaufman said the issue before Council is whether this is a real appeal and the reasons why there is the need for this appeal. Kaufman said the authority of the HPC is diluted by the provisi- ons of the Code which provide for an overly broad appeal process. Kaufman said the way the code is written, anyone for any reason can appeal. Kaufman questioned who is in a better position to make this decision; the HPC who spent 15 hours listening to this project, or another group. Kaufman told Council this was a difficult decision. The HPC was unanimous in saying they understood the arguments of this side. Kaufman said the stan- dards for appeal are abuse of discretion and Council has to find this is not within the bounds of reason. Kaufman said everyone agrees this is a valid differing of opinion. Kaufman said Council cannot substitute their own judgement for that of the HPC. Kaufman said he does not under- stand how this can be overturned. Kaufman reminded Council the Berko building is not to be moved until the whole process i s approved, including Council' s review. Kaufman questioned the necessity of interfering with the HPC's decision when Council has an opportunity to review this. Mayor Stirling said he feels it is better to make it easier for citizens to appeal decisions rather than harder. All in favor, motion carried. Mayor Stirling moved to set the date for the hearing Wednesday November 9, 1988, at 5:00 p.m. to 8:00 p.m.; seconded by Council- man Gassman. All in favor, motion carried. 18 Rectular Meeting Aspen City Council October 10, 1988 Gannett suggested a cut of f date of Novembe r 2, 19 8 8, f o r a 11 testimony to be submitted. Council agreed. Bill Poss, HPC, told Council the GMP scoring meeting will be held November 8, 1988. Kaufman suggested postponing the GMP scoring. Ms. Houben told Council the planning office has specifically set aside November 8th for the GMP scoring. Council said they supporting moving the GMP meeting to the next week. BANNERS AT THE WHEELER OPERA HOUSE Councilwoman Fallin moved to table this to October 24, 1988; seconded by Mayor Stirling. All in favor, motion carried. Mayor Stirling said he feels these banners are the violation of the sign code and should not be put on the Wheeler permanently. IMPOUND LOT LOCATION Tom Delassandri, police department, told Council they have looked at several locations. The locations that are most attractive are Iselin park, water plant and Red Roof because they are close to the city. Delassandri said the recommendation is to continue the current location for this winter. Delassandri said staff has researched this and has found a removable fence so that a temporary impound lot can be constructed for the winter. Delassandri said the police department is working on their records system so they can be more efficient in sending out notices to owners of cars that have been towed. The police department will also notify the state about vehicles that have been abandoned so these cars can be moved to the dump location. Delassandri said the problems with the other location are that the costs of tow would increase from $45 to $100 due to time and travel increases. Delassandri said the number of cars towed per hour would be cut in half if they were towed to the water plant. Delassandri said there is an issue if the water plant location could be insured because of its isolation. Delassandri another issue is transporting the owners of towed cars, and the tow company is unwilling to transport people in their trucks. Councilwoman Fallin said she does not want to see the impound lot on the Rio Grande one more season. Councilwoman Fallin said she favors the water plant location. Delassandri said the tow company does have some concerns about whether they can tow the cars up to that site. Councilwoman Fallin said she objects to the city being concerned about the tow charge. If people park illegally, being towed is their burden. Councilman Tuite asked if the city has considered j ust moving cars to another block that has already been plowed and fining the owners. Gannett said the tow company would say if they don't 19 Regular Meeting Aspen City Council October 10, 1988, have an impound lot, they will not tow because their chances of recovering the money is diminished. Delassandri said during the peak season, between 20 to 30 cars per night are towed. Putting them around the corner could cause some problems. Mayor Stirling moved to direct the city manager to research the idea of leaving the cars on the street or towing them to another block and come back on October 24; seconded by Councilwoman Fallin. All in favor, motion carried. Jim Markalunas, water department, told Council it will be almost impossible to get the cars up the water plant road. The curve is sharp and steep and the road does not get plowed. Delassandri said there is also a concern about the people driving their cars back down the road. Maxwell Aley requested the Mills property to be advanced on the agenda. Mayor Stirling moved to move up the Mills item; seconded by Councilwoman Fallin. All in favor, motion carried. CONTRACT AWARD - Hockey Rink Dasher Boards Councilman Gassman moved to take the higher bid from Holmsten Ice Rink; seconded by Councilwoman Fallin. All in favor, motion carried. MILLS PROPERTY Mayor Stirling said the memorandum from Bill Efting states he took this proposal to the men's golf association concerning funding to help purchase the Mill lot on the golf course. Mayor Stirling said the golf association is not interested in finan- cially backing the purchase but was interested in seeing the city reshape holes #6 and #15. Councilwoman Fallin said the golf association feels holes #6 and #15 would be greatly improved by putting in the dog legs. Councilman Gassman moved to accept Bill Efting's recommendation; seconded by Councilwoman Fallin. Maxwell Aley, representing the applicant, told Council Mills wants to sell the property and has a lot of interest in the sale. Aley said he would like an expression from Council that they have no interest nor ability to purchase the property. All in favor, motion carried. City Manager Bob Anderson said that is what the motion is expressing. 20 Regular Meeting Aspen City Council October 10,.1.9.88 RFTA SIGN REQUEST Councilman Tuite moved to table this item; seconded by Councilman Isaac. All in favor, motion carried. FLUORIDATION OF CITY WATER Mayor Stirling said the f luoride costs about $12,000 per year in the water. Councilman Tuite moved to remove fluoridation from the city water system before the end of the year; seconded by Mayor Stirling. Councilman Isaac said this issue has come up a number of times before. Councilman Isaac said there is evidence that fluoride is a help to dental health, and it is a benefit the taxpayers get from city water service. Councilman Isaac said the city should continue to fluoride the water. Councilman Gassman said people are better off when they are responsible for their own health. Councilman Gassman said for the city to take a paternalistic attitude of they know what people need is not an appropriate role and it assumes that people are not capable of taking care of themselves. Councilman Tuite said there is evidence that fluoride is not good for the elderly. Councilman Tuite said the less that can be put in the water, the better. Mayor Stirling said he views this as a choice situation. Mayor Stirling said the purpose of putting fluoride in the water seems to be to treat the consumer; it doesn't make the water any better. Mayor Stirling said he thinks fluoride is toxic. David Swersky said he does not see many kids with dental disease in Aspen. Swersky said this is the finest public health measure that has ever been introduced in the United States. Swersky said fluoride does occur naturally in the water here at .3 parts per mill ion and the treatment raises it to 1 ppm. This is not a toxic level. Swersky said a town as progressive as Aspen would be in arrears to abandon this program at the small cost of 512,000 per year. Mayor Stirling said research shows fluoride is not saf e f or everyone . Swersky disagreed. Bill Wesson said fluoridation of water is regarded as a major health triumph. Wesson said there is no question that fluoride has a tremendous impact on reducing dental disease. Wesson said scientific results show that 1 ppm of fluoride is optimum. Mayor Stirling said it is time f or people to understand that it is the adequate intake of tooth building materials, vitamins and whole grains in proper diet rather than having fluoride put in the water by the city. Wesson said there may be a need for more 21 Regular Meeting Aspen Citv Council October 10, 1988 information to make a choice on this. Wesson said fluoride is one of the 4 active halogens. It is difficult for other elements to replace fluoride. All in favor, with the exception of Councilmembers Isaac and Fallin. Motion carried. RESOLUTION #32, SERIES OF 1988 - Block 19 Annexation Assistant City Manager Mitchell said this is an application for annexation that meets at the statutory requirements. This is the first step in the annexation process. This was petitioned by 100 percent of the owners. Councilwoman Fallin moved to approve Resolution #32, Series of 1988; seconded by Councilman Isaac. All in favor, motion carried. RESOLUTION #33, SERIES OF 1988 - Approving Use Tax Agreement Councilman Gassman moved to approve Resolution #33, Series of 1988; seconded by Councilman Tuite. All in favor, with the exception of Councilwoman Fallin and Mayor Stirling. Motion carried. ORDINANCE #39, SERIES OF 1988 - Castle Ridge Agreement Amendment Councilwoman Fallin moved to read Ordinance #39, Series of 1988; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #39 (Series of 1988) AN ORDINANCE APPROVING THAT MODIFICATION/SETTLEMENT AGREEMENT CONCERNING THE PURCHASE AND SALE OF CASTLE RIDGE APARTMENTS BETWEEN THE CITY OF ASPEN AND CASTLE RIDGE ASSOCIATES, LTD, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT AND ALL NECESSARY DOCUMENTS ATTENDANT THERETO ON BEHALF OF THE CITY OF ASPEN was read by the city clerk Councilwoman Fallin moved to adopt Ordinance #39, Series of 1988, on first reading; seconded by Mayor Stirling. Assistant City Manager Mitchell reminded Council they have reviewed the issues of this modification agreement. Mitchell said staff is close to a final agreement. The open items is whether the annuity value is going to be in the 205 or 170 range and the principal balance due once the note is paid off will be higher or less. Mitche ll recommended to pursue the higher 22 Re4ular Meeting Aspen City Council October 10, 1988 annuity value of $205,000, which would make the principal balance due at the $800,000 figure. Mitchell said the other issue to be resolved is how the rental cap would work. Mitchell said two caps, whichever would be higher, would be the housing guidelines or $.85 per square foot increased at 3 percent per year. Mitchell said these issues will be worked out before second reading. Councilman Isaac asked if the city is better off sticking with Castle Ridge Associates or finding a new operator. Mitchell said if the city does not re-negotiate the agreement, Castle Ridge Associates has the option of filing bankruptcy. Mitchell said if th e city takes the project over, they would be facing the same costs. Councilman Tuite agreed the city should be looking at taking the project back. Roll call vote; Councilmembers Gassman, no; Fallin, yes; Tuite, no; Isaac, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling moved to suspend the rules and meet 15 more minutes; seconded by Councilman Tuite. Councilman Tuite and Mayor Stirling in favor; Councilmembers Isaac, Fallin and Gassman opposed. Motion NOT carried. Staff requested that Council deal with the Red Roof Inns and paving the alley. Councilman Gassman moved to reconsider; seconded by Mayor Stirling. All in favor, with the exception of Councilwoman Fallin. Motion carried. RED ROOF INNS WINTER USE Assistant City Manager Mitchell said staff is recommending the city be the overseer of the Red Roof operation in the winter so that it can be opened up f or housing during the winter. The housing authority will process and qualify renters. Mitchell said the city will hire a manager for the winter. Councilman Isaac moved to approve this; seconded by Councilman Gassman. All in favor, motion carried. BOARDS AND COMMISSION APPOINTMENTS Councilwoman Fallin moved to appoint Alan Bush as a regular and Casey Coffman as an alternate to the Clean Air Board; seconded by Councilman Gassman. All in favor, motion carried. Councilwoman Fallin moved to appoint Don Erdman as a regular 23 Regular Meetinct Aspen Citv Council October 10, 1988 member and Joe Krabacher, and Chris Durakis as alternates; seconded by Councilman Gassman. All in favor, motion carried. Councilwoman Fallin moved to reappoint Jasmine Tygre to appoint Mickey Herron as a regular member to appoint Bruce Kerr as a regular member and Graeme Means as an alternate; seconded by Councilman Gassman. All in favor, motion carried. PAVING THE ALLEY BETWEEN MONARCH AND ASPEN Elyse Elliott, engineering department, reminded Council staff was directed last year to pave the alley between Monarch and Aspen street. Ms. Elliott said the staff received the bids last month. Staff estimated the job at $10,000; the only bid received was for $25,000. Ms. Elliott told Council the engineering department has $17 ,000 to complete the project . Ms. Elliott said staff attributed the high bid to the fact that there is so much construction work this summer. Ms. Elliott told Council the original design had an invert going down the alley. Ms. Elliott told Council staff redesigned the alley to put a crown in the middle. Ms. Elliott told Council staff awarded the contract and the contractor agreed to do the crown design for $17,000. Ms. Elliott told Council there was a concern from a resident of the alley that runoff water would be going into their property. Ms. Elliott told Council she had taken this into consideration, and the amount of water is minimal. The streets department preferred the crown rather than the invert because there is not an ice build up in the center. The street department finds this easier to maintain. Ms. Elliott told Council the last alley the city did was behind the Snowflake, which has a crown in it and there have been no complaints. Ms. Elliott told Council histori- cally in this alley there has been no runoff pattern. There is a slope down towards Aspen street, where most of the runoff will go. Ms. Elliott told Council the city is in a legal contract with the contractor and he will pursue litigation if the city were to try and back out of the contract. Chuck Vidal said the first half of the alley is paved with an invert and the two should be coordinated. Vidal said he would really like to see the rest of the alley paved. Vidal said he hopes no problems are created with the two types of alleys and that the water drains somewhere. Vidal said the invert should be continued another 15 feet to the high point of the alley. Mayor Stirling said the city is paving the alley f or dust control and for drainage. Mayor Stirling said there are two letters from neighbors asking that this project be re-bid next spring. Mayor Stirling said he is not voting on this issue because of the controversy. Ms. Elliott said the Council can appropriate another $8,000 and have the alley done with a crown. Fred 24 Regular Meeting Aspen Citv Councl____ October 10, 1988 Gannett, city attorney's office, said the city has a contract and the damages would be the profit margin. Councilman Isaac moved to .direct the engineering department to proceed with the new crown design for the alley at approximately $17,000; seconded by Councilman Tuite. Ms. Elliott told Council she was instructed not to do this project during the summer but to re-bid it after Labor day. Councilman Gassman said the prices of contract are better in the spring and this project could wait until spring. Vidal suggested talking to the contractor about having him do it in the spring to see what kind of price he would give the city. Councilman Isaac amended his motion to include discussing with the contractor to see if he is willing to renegotiate for spring construction; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. Council left Chambers at 9:30 p.m. ~ ~ Kathryn Koch, City Clerk 25