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HomeMy WebLinkAboutminutes.council.19881024Aspen City Council Regular Meeting October 24, 1988 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 2 RESOLUTION #37, SERIES OF 1988 - Rio Grande Conceptual SPA 4 ORDINANCE #35, SERIES OF 1988 - Amending Alarms 6 ORDINANCE #38, SERIES OF 1988 - Mandatory Odd/Even No Burn 6 RESOLUTION #38, SERIES OF 1988 - Fines 10 ORDINANCE #39, SERIES OF 1988 - Castle Ridge Agreement Amendment 11 RFTA SUPPLEMENTAL APPROPRIATION 13 LIQUOR LICENSE HEARING - New Yor k Pizza 14 1989 BUDGET 14 IMPOUND LOT 14 ORDINANCE #40, SERIES OF 1988 - Appropriations 15 ORDINANCE #41, SERIES OF 1988 - Appropriations 15 ORDINANCE #42, SERIES OF 1988 - Lease/Purchase Agreement 16 SHADOW MOUNTAIN TRAIL 17 WATER SERVICE TO BRUSH CREEK 18 BANNER AT THE WHEELER 18 RFTA STOP SIGN REQUEST 18 REFERENDUM PETITION 19 RESOLUTION #35, SERIES OF 1988 - Opposing State Amendment #6 22 RED ROOF RENTALS 22 BERKO BUILDING APPEAL 23 FLUORIDE 24 RED ROOF INNS NEGOTIATIONS 25 27 Mayor Pro Tem Fallin called the meeting to order at 5:00 with Councilmembers Tuite, Gassman and Isaac present. CITIZEN PARTICIPATION 1. Michael Lipkin, chairman of the Aspen Art Museum building and grounds committee, told Council they would like to remove the skylight from the entry and a closet wall. Lipkin said these are minor modifications and have been approved by the HPC. Because the Art Museum is a city-owned building, this requires Council approval. Lipkin requested this be added to the consent agenda. Councilman Isaac moved to add this to the consent calendar; seconded by Councilman Gassman. All in favor, motion carried. 2. Richard Roth told Council at the October 11th election, there was irregular and illegal behavior inside the polls. Roth asked Council to hold an investigation into the conduct of that election. Roth told Council when a voter entered the polls, the first person encountered was a partisan poll watcher. That poll watcher was physically taking the voter applications from the voter before passing it on to an election judge. Roth said this held up the election process. A poll watcher by state law is only to be an observer of the election process, not a participant in the process. Roth told Council this poll watcher was parti- cipating in the process from 7 a.m. until 2:30 when he filed an official protest. Roth told Council he has signed statements from 4 voters who said they saw electioneering inside the polls, intimidation inside the polls. Roth said this matter should be investigated by Council to make sure it never happens again. Mayor Pro Tem Fallin suggested this protest should be filed in writing with the election commission. 3. Mike Sura, business owner, requested Council to reconsider their vote on the Red Roof and who will be able to rent the rooms. Sura said he feels it is very discriminatory the way this is being done. Councilman Isaac moved to reconsider the procedures for renting rooms at the Red Roof Inns; seconded by Councilman Tuite. Councilman Isaac said people would like city businesses to have first preference for rooms at the Red Roof Inns as opposed to county-wide. Mayor Pro Tem Fallin said the Council's procedures did not specify who the employers to qualify for the rooms would be . All in favor, motion carried. 1 Aspen City Council Regular Meeting October 24, 1988 Councilman Isaac moved to add the item f or procedure of renting rooms at the Red Roof Inns as action item (k); seconded by Councilman Tuite. All in favor, motion carried. 4. Rob Krakovitz, medical doctor, commended Council for voting to take fluoride out of the city's water. This is a courageous mov a on Council's part. Krakovitz told Council he is prepared to offer information to Council on several aspects of the fluoride issue which will show that fluoride does not do what it claims to do and that there are all kinds of risks associated with fluoride. 5. Gideon Kaufman reminded Council they scheduled an appeal on the removal of the Berko in November. Kaufman requested Council table that appeal pending a code modification. Kaufman said the appeal will take a lot of time and energy. If the code modifica- tions will resolve the issue, the appeal will not be necessary. Kaufman said the applicants are willing to postpone proceeding with the process while the code amendment is examined by Council. Kaufman said the code states an appeal has to be filed within 60 days; it does not state how long the city has to hear it. _ Kaufman told Council they will be willing to put off their GMP hearing until this is resolved. Councilman Isaac moved to add this item to the agenda, tabling of the hearing for the Berko building as action item (1); seconded by Councilman Tuite. All in favor, motion carried. 6. Hans Gramiger said on Council's agenda there is an item called Shadow Mountain trail. Gramiger suggested an executiv e session for Council's benefit. Mayor Pro Tem Fallin said this presentation should be made during that agenda item. Councilman Isaac said he would like background before he makes his decision. 7. Jim Bain presented a petition to Council stating "Enough is Enough" regarding the Ritz hotel. Bain told Council the petition contains 831 names stating the community is backing the Council, no more elections on this issue are needed and let's get Aspen going forward. 8. Phoebe Ryerson presented Council a book called, "The Addic- tive Organization" on loan to the city. Ms. Ryerson asked that Council return this with comments and initials. COUNCILMEMBER COMMENTS 1. Mayor Pro Tem Fallin commented on the headline in the As en Times that Council is in no hurry to annex. Mayor Pro Tem Fallin said that is not correct. Mayor Pro Tem Fallin said there are 2 Aspen Citv Council Regular Meeting __October 24, 1988 state laws that have to be abided by; also the neighborhoods have asked for special attention and zoning to be worked out for each area. Mayor Pro Tem Fallin said there are problems with the EPA and superf and site in the Smuggler area. The Council has to look at the liability they would burden the taxpayers with if the EPA decided the city was a liable party in the superfund. 2. Councilman Gassman moved to add a motion to reconsider the fluoride decision as action item (m); seconded by Councilman Isaac. Councilman Tuite said he has received a lot of phone calls and parents feels this is a very beneficial thing to have done for their children. Councilman Tuite said the city does not need another referendum. There is enough dissension in the community. Councilman Tuite said he would like to see a work session with facts from both sides so people can hear both sides. All in favor, motion carried. 3. Councilman Isaac seconded the comments on annexation. Councilman Isaac said the article in the Aspen Times was not very clear and his comments were taken out of context. Councilman Isaac said the whole Council wants to move ahead on annexation. 4. Councilman Isaac said Council received a memorandum from the city manager requesting a session to discuss negotiations on the Red Roof Inns. Councilman Isaac moved to add this as an action item (n) and at that time decide whether to make it an executive session; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. 5. Councilman Isaac said the most serious problem at the election two weeks ago was the long lines. Councilman Isaac requested in the future that there be more than one polling place for all city elections. 6. Assistant City Manager Mitchell told Council one of their appointments to the Clean Air Board is not a city representative. Mitchell requested Council either re-advertise or make another appointment. Councilman Tuite moved to add the Clean Air board appointment to the agenda; seconded by Councilman Isaac. All in favor, motion carried. Councilman Tuite moved to approve the consent agenda; seconded by Councilman Isaac. The consent agenda is: 3 Aspen Citv Council __ReQUlar Meeting October 24, 1988 A. Liquor License Renewals - Pinon's; Of Grape & Grain; Great Western Spirit; Eagle's Club; Cooper Street Pier B. Minutes - October 10, 1988 C. Moratorium Exemption - Ray Bates D. Reconsideration of Dasher Board Contract E. Resolution #36, 1988 - Settlement of Transamerica Case F. Modification of Aspen Art Museum All in favor, motion carried. RESOLUTION #37, SERIES OF 1988 - Rio Grande Conceptual SPA Tom Baker, planning office, told Council staff has made changes to the resolution. One is to deal with the impound lot and is condition 8(e), stating to relocate the impound lot. Conditions 18 and 19 were added to put on record the city's thinking about the snow melt facility as a way reducing the impact caused by the snow dump site. Condition 19 talks about art usage on the snow dump site and that the Oden parcel will revert back to the arts groups if the library is not built on that site. Mayor Pro Tem Fallin opened the public hearing. Chuck Vidal suggested that the language regarding the library and the teen center be broadened to incorporate the teen center into the overall facility and not just the library. Mayor Pro Tem Fallin agreed about separating the two facilities. Simone Genatt, member of the arts group for the performing arts center, requested Council consider that the snow dump land will be used for the performing arts center. Ms. Genatt said in the prior agreement there was a warranty deed that the land be used as a performing arts center. Baker said this could be outlined in the land exchange agreement. Baker said the conceptual SPA plan identifies arts usage on the snow dump area. In order f or this to be any other use, it would have to go through a plan amend- ment. Ms. Genatt said there should be a redevelopment plan f or the area which includes the planting of trees. Baker said in developments sometimes trees are removed and planted at the golf course. This could be another site to which trees are removed. Skip Berhorst presented a memorandum to Council in which he addressed the location, the operation and programs and the design criteria for the teen center. Berhorst told Council they would like to move ahead with the teen center with the city. Council- man Gassman said the teen center should be part of the parking garage and not stuck in the bottom with all the cars. Councilman Gassman said included in the parking garage is 4,000 square feet of commercial space. Councilman Gassman said it does not seem like the city and taxpayers should have to fund this commercial space. Councilman Gassman argued to eliminate the commercial space, take the money and put it into a teen center. Councilman Gassman said he read through the quarter penny sales tax 4 Aspen City Council Regular Meeting October 24, 1988. ordinance and is not sure the city can do that. Councilman Gassman said he if the city cannot do the teen center that way, he would support taking an amendment to the electorate. Assistant City Manager Mitchell said if the city was to use the sales tax proceeds for something other than what is in the ordinance, the city would have to go back an election or jeopar- dize the tax exempt status of the bonds. Councilman Gassman said this seems like a golden opportunity to include the teen center with the parking garage at very little cost. Mitchell said the teen center group is trying to raise funds to construct their facility. There is nothing to say that Council cannot direct the design people to incorporate the teen center's general require- ments into expanding the commercial space. Mitchell said the reason for the commercial space is transportation related, like baggage drop off, airline and bus tickets. Mitchell said the commercial space is also to hide the parking structure. Council- man Gassman said he is concerned about designing the teen center without an idea of how it gets funded. Jon Busch said this will be about the fourth teen center that Aspen has had. Busch said he is afraid this teen center will fall apart after one year like the others have done. Busch suggested that the teen center be designed for other uses. Phoebe Ryerson said kids do like to be with adults. Ms. Ryerson said there should be a way to bring the community of all ages together. Karen Barnett, ASAP, said the kids have been very involved in the planning of this teen center and are very supportive of this. Robert Bateman told Council the school kids are very supportive of the alcohol-free concept and are willing to fight f or it. Busch said he is not sure the parking garage is the best location for a teen center. The roof of the garage has a plan which allows an outdoor seating area for the library and an outdoor performing area. Councilman Gassman moved to ask the city's architects who are working on the garage to look into including a teen center on the plaza level of the parking garage; seconded by Mayor Pro Tem Fallin. Councilman Isaac said there are other possible building needs for the top of the garage, the courts and city and county administra- tion offices. Councilman Gassman said if the teen center is going to work, it requires not only a commitment from the kids but also a commitment from the community. Councilman Gassman said the building can express that the teen center is something the community cares about. Councilman Gassman said the use of the teen center would benefit a space that could become an empty wasteland. Berhorst said they would like the city to bring the plumbing and electrical services to the location of the teen 5 Aspen City Council Regular Meeting October 24, 1988_ center. Berhorst told Council they have gotten some seed money and can raise the rest to get the teen center built. Councilman Tuite asked the f ootprint of the plaza. Baker said it is about 35,000 square feet. All in favor, with the exception of Councilman Isaac. Motion carried. Mayor Pro Tem Fallin closed the public hearing. Councilman Gassman moved to approve Resolution #37, Series of 1988, with the amendments; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #35, SERIES OF 1988 - Amending Alarms Councilman Gassman moved to table this to November 14, 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #38, SERIES OF 1988 - Mandatory Odd/Even No Burn Lee Cassin, environmental health department, said this program sets up a mandatory odd/even no burn program during the winter months. Ms. Cassin told Council the analysis of the state health department indicates on the worst case day over half of the PM 10 comes from woodburning and over one-third comes from sanding. Ms. Cassin said the city is doing an experiment using asphalt coated sanding material to see if this will reduce the emissions from sanding. Ms. Cassin said no one has tried this and there is excitement throughout the state to see if it will work. Ms. Cassin said the Hays study showed that the visible haze is predominantly caused by woodburning. The Hays study looked at the hour by hour level of haze, which tracked with the peak time uses of woodburning devices. Ms. Cassin told Council in rental units, the person occupying that unit will be fined. If that person does not pay the fine, the owner will be subject to fine. Ms. Cassin recommended the fee schedule be set annually by Council. There is a resolution attached that sets the fees for 1988-89. Ms. Cassin recommended the fees for the first year be fairly lenient, with the first offense being a warning. This will give the Council the flexibi- lity to make the fines higher in future years. Enforcement will be on a complaint basis. Ms. Cassin told Council that certified devices and gas logs will be exempt. Council has directed the Clean Air Board to come up with procedures for granting variances. Ms. Cassin suggested 6 Aspen Citv Council Regular Meeting October 24, 1988 that the Clean Air Board grant variances initially on a one year basis so they can feel more comfortable with the process and to see how many are requested. The ordinance contains a section requiring owners to disclose to renters what are the times for burning. Mayor Pro Tem Fallin asked who is going to start the procedure so that people will know when to burn. Ms. Cassin said the environmental health department has budgeted to send out mailings to property owners, property managers and to advertise in the paper. The ordinance requires that the owner has to disclose this by conspicuous posting of a notice. Mayor Pro Tem Fallin opened the public hearing. Roger Hunt said this ordinance will penalize people who have become very efficient in heating their buildings. Hunt said this will cause people to increase their heating bills rather than burn to heat their house. Hunt said stoves should be exempted across the board. Ms. Cassin said this is the kind of situation that will probably be granted a variance from the Clean Air Board. Lee Miller said this ordinance is ludicrous from a staff who is determined to attack fireplaces. Miller said his condominiums sit on two different streets and have two different address. Miller said guests are only here f or one week. Every week there are 20,000 new guests in the valley. Miller said the city should be collecting the fines rather than the property manager or homeowner. Miller said he feels that cars and sanding are a more common denominator in the haze problem rather than fireplaces. Ms. Cassin told Council certified stoves are exempt. They pollute much less than a conventional stove or fireplace. This may be an incentive for people to convert. Ms. Cassin said when the local implementation plan was first being developed, staff and the Clean Air Board both recommended a no burn program not be implemented because the effectiveness was not sufficient. Ms. Cassin reminded Council they asked the CAB to meet with a wide range of community groups. This group made as their number one priority an odd/even no burn program. The recommendation was this program might get rid of the need in 3 years for everyone to have to convert to clean devices. The impetus for this program came from the community group. Phoebe Ryerson suggested there could be a signal on television or the radio when the town is having an inversion. Mayor Pro Tem Fallin said the city tried this last winter. Ms. Cassin said last year there were inversions on all but 11 d ays. The city does not know how to tell when the inversion will create a high pollution day. Chuck Vidal told Council he uses his fire place when it is cold. Vidal said there are some dates, regardless of 7 Aspen City Council Regular Meeting October 24, 1988 whether it is odd or even like Christmas Eve, that people will want to have a fire. Molly Campbell, Gant, told Council she participated as part of the advisory committee. Ms. Campbell said there is an air quality problem in Aspen. People are not in agreement as to what the causes of the air quality problem are. Ms. Campbell said the odd/even program is an effort to continue the public's awareness and education process that there is a problem. Ms. Campbell said this is a trial program. Ms. Campbell agreed it ought to be the city's responsibility to collect the fines from guests, like the city collects traffic fines. Ms. Campbell suggested this program be reviewed after this winter. A mandatory odd/even program should not be a permanent program if it does not work. Stan Stevens said the sources of small particulate pollution are fireplaces, sanding, restaurants, and diesel engines. Stevens said there are delivery trucks, dump trucks, buses standing around with their engines running. Stevens said the only solutions over the last few years have been to attack the fireplaces . Stevens pointed out a recent survey of ski areas show that Aspen is eighth. The only category where Aspen rated number 1 was the ambience of Aspen. Stevens said a significant part of that ambience is sitting in front of a fireplace. Stevens said no hard data which has analyzed the quantitative distribution of pollutants in the PM 10 has been done. Stevens said if the community can eliminate the other sources of pollu- tion, they would not have to eliminate fireplaces which give ambience and heat. Stevens said there is a probability of eliminating all particulate pollution from restaurants with today's equipment. Stevens said it is possible to completely eliminate the pollution from road dust. Stevens said if the restaurant polluti eliminated, then 43 percent of the poll eliminated. Stevens said last year the one time in the spring when the dust was said the Council should vote against this data brought back that shows what the particles are. Don told Council he has no gas in his stove for heat. Don said he would like variance. Don said if Council passes thi see that the Clean Air Board should grant cases. Alan Bush told Council he was helped come up with this recommendation. take a firm initial step to get their air Bush said this is a relatively painless the right direction and may be sufficien on and road dust were ution would have been city exceeded the rate on the road. Stevens ordinance and have hard distribution of the house and does use his to be able to obtain a s ordinance, they should variances for hardship on the committee that Bush said Aspen has to quality under control. way to start moving i n t in itself. Bush said 8 Aspen Citv Council Regular Meetinc~__ October 24, 1988 if the city doesn't try something like this, they will come under the EPA guidelines and will have to eliminate fireplaces completely. Bush said if this program is not started this year, th e city will not hav e enough time to analyze it to find out whether it will work. Bush urged Council to give the variances for one year to see how many exemptions the CAB will be dealing with. Bush recommended starting with weaker fines and then have increasing fines. Bush said he does not feel it is unreasonable to ask property managers to have some control in this. Bush said the issue of real time monitoring is extremely important. Without this program, citizens will continue to complain that the city does not have the data nor will the city be able to have as effective a PR program. Bush thanked Council for recognizing there is a clean air problem and that they do the best they can to get chemical analysis on an on-going basis. Molly Campbell, Gant, said she is strongly in favor of education- al programs. The Gant cut their wood use 50 percent last winter by educating the guests. Ms. Campbell said she is confident that this kind of program can work. Margaret Albouy urged Council to consider exempting primary homes. Ms. Albouy said at least 60 percent in Aspen are secondary homes. Lee Miller told Council last winter his condominiums started stocking firewood on the ground floor rather than on the balconies and cut their consump- tion about 30 percent. Miller said this also elicited a strong response from the guests as to why the firewood was not on the balcony. Mayor Pro Tem Fallin closed the public hearing. Councilman Isaac asked if multi-family buildings will go by their street number or unit number. Ms. Cassin the ordinance is written that they will go by their address. Councilman Isaac suggested the ordinance be amended that the Clean Air Board will have an annual evaluation as to the effectiveness of the ordinance. Councilman Isaac moved to amend Section 3 to add that the Clean Air Board also is directed to make an annual evaluation of this ordinance for its effectiveness in controlling air pollution; seconded by Councilman Tuite. Councilman Gassman said last winter there was a dramatic change in the amount of particulate in the air. Councilman Gassman said as far as making an impression on anyone, it was as if it never happened. Councilman Isaac said Council has approved a real time monitoring program and will have better data as it comes along. Councilman Isaac said he would like a review on an annual basis to see the program is working and whether the city is getting any benefits from the program. Councilman Tuite said 9 Aspen City Council Regular Meeting October 24, 1988 he would prefer to see a sunset provision and that the Clean Air Board has to prove to Council that this program should be on- going. Mayor Pro Tem Fallin suggested the ordinance be in effect for one year. Councilman Isaac withdrew his motion. Councilman Isaac moved to create a new Section 5, renumber the last 2 sections, to allow for expiration of this ordinance on April 1, 1989, and to make part of the new Section 5 that the Clean Air Board report back to Council on the effectiveness of this ordinance; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. Councilman Tuite said RFTA has new buses coming in f or the city routes, the city is working on the asphalt and has a new machine coming in to clean the streets. Councilman Tuite said if the city does not try something and move along, the EPA will tell the city what to do. Councilman Isaac moved to adopt Ordinance #38, Series of 1988, as amended; seconded by Councilman Tuite. Roll call vote; Council- members Tuite, yes; Isaac, yes; Gassman, no; Mayor Pro Tem Fallin, yes. Motion carried. Councilman Tuite said he would like to see the guidelines developed by the CAB for granting variances. RESOLUTION #38, SERIES OF 1988 - Fines Lee Cassin, environmental health department, said this sets a warning for the first offense, $20 for the second offense and $50 after that. Mayor Pro Tem Fallin said one problem is the additional offenses at the same address at a condominium. Mayor Pro Tem Fallin suggested for the first year the fines be $20. Councilman Tuite said in a condominium complex, if one person burns on the wrong day it is a warning for the year. Councilman Tuite said he would rather see the warnings evaluated. Alan Bush said the fines need to be flexible to adjust for a new guest every week. Lee Miller said the Council should be collecting the fines rather than the property managers have to do this. Councilman Isaac said air quality is everyone's problems and is everyone's responsibility. A person said charging a homeowner who is 1500 miles away will do nothing but raise animosity and will be counterproductive. Si Coleman said by making the owner responsible, he will get his management company to make sure these violations do not occur. Fred Gannett, city attorneys' office, told Council any action that puts into effect a penalty must be done by ordinance. 10 Ashen Citv Council Reaular Meetina October 24, 1988 Gannet said this should be amended to an ordinance for first reading. Councilman Isaac moved to amend a, b, and c to add the words, "for a given individual/renter"; seconded by Mayor Pro Tem Fallin. Councilman Tuite asked if the fines are needed or would a warning be as effective. Ms. Cassin said the citizens group felt very strongly this should be a mandatory not voluntary program. All in favor, motion carried. Councilman Isaac moved to read Ordinance #43, Series of 1988; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman. Motion carried. ORDINANCE #43 (Series of 1988) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, SETTING THE ANNUAL FINE SCHEDULE FOR ORDINANCE #38, SERIES OF 1988 was read by the city clerk Councilman Isaac moved to adopt Ordinance #43, Series of 1988, on first reading; seconded by Councilman Tuite. Roll call v ote; Councilmembers Gassman, no; Isaac, yes; Tuite, yes; Mayor Pro Tem Fallin, yes. Motion carried. ORDINANCE #39, SERIES OF 1988 - Castle Ridge Agreement Amendment Assistant City Manager Mitchell told Council the concept has been to amend the agreement in order to make the rents affordable and to keep Castle Ridge Associates in the management and eventual ownership of the project. Mitchell said the amended agreement should reach this goal. The staff feels they have negotiated to make the rents affordable. Mitchell said the note agreement has been restructured so that it is less than the city would have received under the existing agreement. Mitchell said the city will be covering their bond payments with the annuity being paid and is receiving money up front on the land lease. Mitchell said the city is receiving money that will give them more collateral than they have now. Councilman Gassman said it looks like the city is getting 5355,000 and is giving up a little over 53 , 000 , 000 . Mitchell said under the existing agreement the majority of the payment was interest. It was structured that way to allow tax benefits. Mitchell said this agreement modification is enhancing the ability to make Castle Ridge affordable housing. Mitchell told 11 AS~en City_Council Regular Meeting October 24, 1988 Council under the existing agreement, they would be entitled to 6.4 percent as a base amount and operating expenses. Mitchell said over the first 5 years of operation, they will get at least a 6.4 percent increase every year based on the operating expenses. Mitchell said in the amended agreement, they will get 5 percent increases plus the annual increase in operating expenses, but there is a cap on this. The cap is either the annually adopted housing guidelines or 5.85 per square foot increased by 4 percent per year. The existing agreement has no cap. Gene Zafft, representing Castle Ridge Associates, said when this agreement was first done, everyone was pioneers and trying to solve some problems. Zafft said there were some projections made which were not correct, and also the federal government changed the tax laws. Zafft said his clients have kept their word and put money into the project on a loss position to keep the project alive. Zafft told Council they are putting in over $500,000 in cash up front, including bringing the lease payments current, buying an annuity for $205,000, which will pay to the city not less than $335,000. Zafft said they are putting up a treasury bill or insured C.D., which will materialize at about $421,000. The annuity will give $90,000 after the bonds are paid off. These two will give the city every penny they would have gotten under the lease. The city will still have their first mortgage position. Zafft told Council at 6 years of 5 percent plus increase in expenses and paying the mortgage indebtedness, this is still a negative cash flow. This will then go to 2.5 percent. Zafft said they will be able to cover the bond payments; that as supplemented by the annuity will give the city more than their payment. Zaff t said he tried to structure the amendment so the city is getting the same money and the applicants got some credit towards the principle. Zafft said the city will be getting principle and interest and an $800,000 balloon. Zafft said this agreement guarantees a cap on the rents for the life of the project. Councilman Isaac asked how long these will stay as employee units. Zafft said it was 50 years but it will now be in per- petuity. Paul Taddune said this will be subject to city's bond counsel approval. Councilman Tuite asked why the city should enter into this agreement. Zafft told Council his clients came forward with 5500,000 to help the project out. Castle Ridge has made all the payments in 6 years, more money than the city has had to pay on the bonds. Zafft said the bond payments will increase substantially in the next few years. This property has a lot of restrictions on it. Zafft said his clients wanted the agreement restructured to get some credit toward the principle 12 Aspen Citv Council Regular Meeting October__24, 1988 payments they are making. Zafft told Council they have too much money in the project to walk away. Zafft said the project does not have a value it had when they first started this. Mitchell said he did not feel the city would come out with a windfall if they got the project back in order to be able to give the tenants substantially less rent payments. Zafft said the rents will not pay the mortgage and the operating expenses. Zafft said the city staff feels this negotiated agreement is fair to both and will avoid untold expenses. Mayor Pro Tem Fallin opened the public hearing. Taddune went over the changes to the ordinance from first reading including the current figures. The principle payment of $779,942 has been confirmed by the finance department. The annuity payment will be $335,063. Taddune said he has added the 2-1/2 percent cap plus annual increases in operating expenses. Mayor Pro Tem Fallin closed the public hearing. Councilman Isaac moved to adopt Ordinance #37, Series of 1988, on second reading as amended. Roll call vote; Councilmembers Tuite, no; Isaac, yes; Gassman, yes; Mayor Pro Tem Fallin, yes. RFTA SUPPLEMENTAL APPROPRIATION Bruce Abel, RFTA manager, said this is an amendment to RFTA's 1988 capital budget. Abel told Council he budgeted $600,000 for the acquisition of smaller, less-polluting buses for the city routes. Abel said these figures were based on selling the surplus flex buses. Abel told Council RFTA has entered into discussions with Highlands to provide skier shuttle to Highlands, which would require keeping the flex buses. This will require more budget because there will be no money from the sale of the flexes. Abel told Council RFTA is requesting an increase from $600,000 to $750,000 for the acquisition of 5 buses. Abel told Council one of the concepts from the transportation plan was the addition of a bus lane or high occupancy vehicle lane along highway 82. Abel said the cost benefit work has been done on this project, and the conclusion is it is worth pursuing further to preliminary engineering. The budget request of $7900 is to take this concept to preliminary engineering stage. Councilman Isaac asked if the highway department is showing any interest in the high occupancy vehicle lane. Abel said their interest is lukewarm and RFTA would like to be able to show them how the HOV can be done Councilman Tuite said it may be years before highway 82 is four laned. Councilman Tuite said very little will be lost for what is spent on an HOV because it can be 13 Aspen City Council Regular Meeting Qctober 24, 1988 incorporated into a four lane design. Abel said RFTA has attempted to make it very clear to the highway department that this is an interim solution and not an alternative to the four- lane. Mayor Pro Tem Fallin opened the public hearing. There were no comments. Mayor Pro Tem Fallin closed the public hearing. Councilman Isaac moved to adopt RFTA Resolution 88-6; seconded by Councilman Tuite. All in favor, motion carried. LIQUOR LICENSE HEARING - New York Pizza Mayor Pro Tem Fallin opened the public hearing. City Clerk Kathryn Koch reported the file, posting and publication to be in order. Marc Kanter told Council this will be located on Hyman Avenue where Sushi Masa was located. Kanter said they will serve pizza and other inexpensive dishes. Mayor Pro Tem Fallin asked f or opponents to the license. There were none. Mayor Pro Tem Fallin closed the public hearing. Councilman Tuite moved that based on the evidence presented at a public hearing held October 24, 1988, relating to the application of Marc Kanter and John Zabriskie, the city council finds that the needs of the neighborhood have not been met and the license is hereby granted; seconded by Councilman Isaac. All in f avor, motion carried. 1989 BUDGET Mayor Pro Tem Fallin opened the public hearing. Councilman Isaac moved to continue the public hearing on the 1989 budget to November 14, 1988; seconded by Councilman Tuite. All in favor, motion carried. IMPOUND LOT John Goodwin, chief of police, told Council he has explored different options for the location of the impound lot. Goodwin proposed that vehicles are towed only when snow needs to be removed as opposed to towing every night. Goodwin said the vehicles will be taken to different locations around town with no security provided for the vehicles. These vehicles will be booted so that the towing company gets paid for the tow. Goodwin proposed the city purchase 25 boots for the experiment for the winter. If this works out, the towing company will purchase the boots from the city. Goodwin said after the city has had the vehicles for 4 days, they will be taken to the dump at the landfill. Goodwin said this program does have certain risks. 14 Aspen City Council Regular Meeting October 24, 1988 Councilman Gassman asked why the city couldn't handle the towing just like a traffic ticket. Goodwin said the city could do that if they were doing the towing themselves, but the towing is contracted out. The city would have to front the money for every tow and then try and collect it back. Mayor Pro Tem Fallin asked about the city's insurance. Assistant City Manager Mitchell said the city is probably opening themselves to more liability. Goodwin said the police department will ticket every night downtown. Councilman Gassman said he feels this proposal is worth a try. Councilman Isaac said he is concerned about the lia- bility. Goodwin told Council the $7500 for the boots could be covered by the revenue from the police auction. The city will have to appropriate some money for the signs. Councilman Gassman moved to accept John Goodwin's recommendation in his memorandum of October 18, 1988; seconded by Councilman Tuite. All in f avor, with the exception of Councilman Isaac. Motion carried. ORDINANCE #40, SERIES OF 1988 - Appropriations Councilman Tuite moved to read Ordinance #40, Series of 1988; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #40 (Series of 1988) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $12,910; APPROPRIATING GENERAL FUND EXPENDITURES OF $760; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $118,100; TRANSFERRING $2,000 FROM THE GENERAL FUND TO THE ICE GARDEN FUND; APPROPRIATING ICE GARDEN FUND EXPENSES OF $2,000 was read by the city clerk Councilman Isaac moved to adopt Ordinance #40, Series of 1988, on first reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Isaac, yes; Mayor Pro Tem Fallin, yes. Motion carried. ORDINANCE #41, SERIES OF 1988 - Appropriations Councilman Isaac moved to read Ordinance #41, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #41 (Series of 1988) 15 Aspen City Council Regular Meeting October 24, 1988 AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $84,550; APPROPRIATING GENERAL FUND EXPENDITURES OF $58,200; REDUCING GENERAL FUND EXPENDITURES OF $18,800; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURES WITHIN THE GENERAL FUND OF $1,500; TRANSFERRING PREVIOUSLY APPROVED GENERAL FUND EXPENDITURES OF $7,000 TO THE GOLF COURSE FUND; TRANSFERRING $6,800 FROM THE GENERAL FUND TO THE IC E GARDEN FUND; APPROPRIATING LAND FUND EXPENDITURES OF $7,500; TRANSFERRING PREVIOUSLY APPROVED LAND FUND EXPENDITURES OF $1,000 TO THE GENERAL FUND; REVERSING A TRANSFER OF $6,800 FROM THE LAND FUND TO THE GENERAL FUND; TRANSFERRING $27,000 FROM THE LAND FUND TO THE 1985 SALES TAX REFUNDING REVENUE DEBT SERVICE FUND; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $13,000; TRANSFERRING PREVIOUSLY APPROVED WHEELER TRANSFER TAX FUND EXPENDI- TURES OF $4,000 TO THE GENERAL FUND; RECOGNIZING ASSET REPLACEMENT FUND REVENUES OF $73,800; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURES OF $93,800; REDUCING WATER FUND EXPENSES OF $900,000; TRANSFERRING PREVIOUSLY APPROVED WATER FUND EXPENSES OF $6,000 TO THE GENERAL FUND; REDUCING ELECTRIC FUND REVENUES OF $87,000; REDUCING ELECTRIC FUND EXPENSES OF $426,100; TRANSFERRING PREVIOUSLY APPROVED ELECTRIC FUND EXPENSES OF $1,000 TO THE GENERAL FUND; APPROPRIATING GOLF COURSE FUND EXPENSES OF $44,000; RECOGNIZING ICE GARDEN FUND REVENUES OF $2,500; APPROPRIATING ICE GARDEN FUND EXPENSES OF $9,300; APPROPRIATING POLICE PENSION FUND EXPENSES OF $35,000 was read by the city clerk Councilman Tuite moved to adopt Ordinance #41, Series of 1988, on first reading; seconded by Councilman Isaac. Roll call v ote; Councilmembers Isaac, yes; Fallin, yes; Mayor Pro Tem Fallin, yes. Motion carried. ORDINANCE #42, SERIES OF 1988 - Lease/Purchase Agreement Councilman Isaac moved to read Ordinance #42, Series of 1988; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #42 (Series of 1988) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF AN EQUIPMENT LEASE/PURCHASE AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND GE CAPITAL, SETTING FORTH TERMS AND CONDITIONS FOR THE LEASE OF A 1988 INTERNATIONAL DUMP TRUCK/SANDER, WHICH LEASE IS FOR A TERM OF THREE (3) YEARS AND PROVIDES FOR AN ANNUAL LEASE PAYMENT OF $19,615, AND DIRECTING THE MAYOR TO EXECUTE SAID 16 Aspen City Council Rectular Meeting October 24, 1988 AGREEMENT ON BEHALF OF THE CITY was read by the city clerk Councilman Tuite moved to adopt Ordinance #42, Series of 1988, on first reading; seconded by Councilman Isaac. Roll call v ote; Councilmembers Isaac, yes; Tuite, yes; Mayor Pro Tem Fallin, yes. Motion carried. SHAIIOW MOUNTAIN TRAIL Assistant City Manager Mitchell reminded Council when they looked at finalizing the Shadow Mountain trail, Council looked at various alternatives and agreed to proceed with the upper alignment. Council requested staff to have the trail easements appraised. This has just been completed. Mitchell told Council the cost to complete the Shadow Mountain trail from the entrance to the Marolt bridge to the Koch lumber property is $310,500. Mitchell told Council the 1988 budget for trail easements is $75,000. Mitchell suggested the city start at the west end of the trail and make offers to purchase the easements based on the appraised value. If the purchase price or donation cannot be negotiated, staff will return to Council to see if they want to proceed with condemnation on the appraised value. Councilman Isaac said the city does not have the money to acquire enough of the easements to make a trail nor to build or maintain a trail. Councilman Isaac said he would like to see this trail but does not think the city can afford it. Mitchell reminded Council they made a decision this trail was an important part of the entire trail system and also put a lot of money into the Marolt bridge trail. Alan Blomquist suggested Council not limit the approach to starting at the west end. Blomquist pointed out many of the less expensive easements are toward the east end of the trail. Blomquist said Tucker, who owns part of the land near the Koch lumber, has a subdivision before the county and is planning to deed easements on this. Blomquist said it seems possible with the existing budget to get to Fourth street Blomquist said the PCPA may be able to help on some of the easements. Mitchell pointed out there are two significant ease- ments on the east end, both appraised at $75,000. Mayor Pro Tem Fallin suggested tabling this discussion and have a work session with the PCPA. Councilman Gassman asked why some of the trail easements cost up to $35 per square foot. Mitchell said the cost reflects the impact on the development rights of some of the properties. Councilman Gassman said this does not seem like it should equal the value of the land. Councilman Gassman said if the Council has a study session on this, he would like to have the appraiser present. 17 Aspen City Council Regular Meeting October 24, 1988 Hans Gramiger said he would like Council to schedule an executive session with him on this issue. Mayor Pro Tem Fallin said Council only schedules executive sessions on litigation or personnel. Gramiger said he is trying to save Council embarrass- ment by having this done in executive session. Councilman Tuite moved to table the Shadow Mountain trail easements and have Fred Gannett speak with Gramiger regarding a possible executive session and to set up a study session with PCPA; seconded by Councilman Isaac. All in favor, motion carried. WATER SERVICE TO BRUSH CREEK Assistant City Manager Mitchell told Council staff has met with the Snowmass Water and Sanitation District and with the Brush Creek homeowners. Mitchell told Council the Brush Creek home- owners have some serious problems with water supply. Mitchell said the city has considered extending service to Brush Creek, Mitchell said staff's approach is that the city will spend no funds but will generate some additional revenue to the water fund. The homeowners or Water district will bear the expense of all the improvements of extending the water. Mitchell told Council the appropriate alignment would be out Owl Creek, but there is some concern on the county' s part about doing that. Mitchell said the other alignment is along highway 82, and there are serious operating concerns on that. Mitchell said staff would like an indication from Council about continuing to explore the options. Council agreed staff can continue to explore this and report back to Council. Tony Whaley, property owner in Brush Creek Village, told Council not all homeowners in this area have been apprised. Ms. Whaley said all the property owners should be informed. Mayor Pro Tem Fallin said no decision will be made until there are more formal meetings. BANNER AT THE WHEELER Council dropped this from the agenda. RFTA STOP SIGN REQUEST Councilman Tuite moved to table this until the next meeting; seconded by Councilman Isaac. Councilman Isaac said he would like to have a study session with RFTA to find out their plans for the winter. Councilman Tuite suggested this be done at the RFTA budget session. All in favor, motion carried. 18 Aspen City Council Regular Meeting October 24. 1988 REFERENDUM PETITION City Clerk Kathryn Koch reported she had received a referendum petition October 12th. According to the Charter, the city clerk has 10 days to certify the petition to Council. Ms. Koch told Council the Charter allows for an ordinance to be adopted by Council to be ref erred by this citizens. This is a referendum on a resolution. Ms. Koch said she conferred with the city attorney and sent a letter to the petitioner's committee certifying the petition is not sufficient because it is ref erring a resolution, not an ordinance. Fred Gannett, city attorney's office, pointed out the there were two grounds for certifying the petition insufficient, and the second ground was that the petition was defective to form and content. Gannett prepared supplemental information f or Council. Gannett told Council the city has asked Hall and Evans to defend the city in the first lawsuit filed and to look into the issues of this referendum and to provide the city with a written opinion. Gannett said based on this opinion and on the city's research, staff concluded that this was not capable of being referred because of the language in the Charter and by looking at existing case law. Gannett said there is an issue whether Council's act was administrative or legislative. Gannett told Council his opinion is that this is an administrative act and case law does not permit this being referred. Gannett told Council the petition was defective because it failed to contain a copy of the PUD agreement, which was part of Resolution #29. Gannett told Council the city clerk sent a letter to the petitioner's committee advising of this opinion and advising they had 2 days to file a written request with Council to reconsider the decision. Joe Edwards, representing the petitioner's committee, told Council when the question of adopting this by resolution or ordinance came up, Edwards requested Council use the ordinance procedure. Edwards told Council he did this because he feels it is a legislative act and not an administrative act. Edwards told Council Margolis vs. District Court is a consolidation of 3 different cases where the right to referendum had been denied by the city. Edwards told Council the Supreme Court overturned these cases. Edwards quoted, "We hold that City Charter provis- ions may not limit the referendum and initiative powers reserved in the Colorado Constitution". "Initiative and referendum are fundamental rights of a republican form of government, which the people have reserved unto themselves and that such a reservation of power in the people must be liberally construed in favor of the right of the people to exercise it. Conversely, limitations 19 AsAen Citv Council Regular Meeting October 24,__1988 on the power of referendum must be strictly construed". "In view of the purposes for which referendum and initiative powers were reserved and the nature of the acts themselves, we find and hold that zoning and rezoning decisions, no matter what the size of the parcel of land involved, are legislative in character and subject to the referendum and initiative petition provisions of the Colorado Constitution". Edwards said this last amendment to the PUD made additional changes, which increased the size of FAR, room count, and that this particular project exceeded what was allowed under normal zoning by the PUD process. Edwards said the city's Charter say that legislativ a acts have to be by ordinance, and this was a legislative act. Edwards said the Charter requires any act to be by ordinance that places a burden on land or limits the use of private property. Edwards stated that Resolution #29 is invalid because it was not adopted as an ordinance, and he had urged Council to adopt this by ordinance. Edwards said another reason he requested Council to adopt this by ordinance was because of the issue of the referendability. The Charter says that ordinances may be ref erred. The Charter does not speak to resolutions because the Charter assumes the Council would follow the Charter and adopt this by ordinance. Edwards said the state statutes say when a Charter is silent, state law applies. Edwards told Council the state laws make it clear that any act may be referred. Edwards told Council he talked to the city attorneys who told him it was their position that whether Council adopted this by resolution or ordinance, it was ref er- able. Edwards said Council enacted this by resolution, and the commit- tee filed their affidavit of 5 petitioners. The Charter then says the city clerk shall prepare the petition. Edwards said the city clerk prepared the petition and gave it to the committee. Edwards asked why they were given a petition if it was not referable. Edwards said the city should have said at that time that this was not referable. Edwards said this petition was circulated and got over 600 signatures. Edwards said the second ground states the petition is inadequate because it did not contain the PUD and subdivision agreement. Edwards reiterated the Charter provides that the city clerk is to prepare the petition. Edwards said the city clerk had a f ull text of Resolution #29. Edwards told Council the city is now saying that the petition they prepared is inadequate and the people's constitutional rights to referendum have been voided. Edwards said these two positions are ludicrous and requested Council reverse the city clerk's finding, which will lead the city into litigation. 20 Aspen City Council Regular Meeting October 24, 1988 Gannett told Council he disagrees with many points and told Council that is why there is a court system. Gannett recommended Council file f or declaratory judgement and get a reading if this is capable of being referred and whether the petition is defect- ive as to form. Gannett told Council the city would probably face additional litigation one way or the other. Gannett said to minimize the city's liability and to maximize the timing and get fairness for all parties involved, he is recommending the city get an expedited hearing. Bob Hughes, representing the Hadid companies, said the Margolis case recognizes that what is referable to the people are legisla- tive actions. Hughes said this decision does not meet the test of legislative action and is not referable. Hughes said his client has the right not to be exposed to an election on which they received the benefits of an administrative decision. Hughes said his research indicates this decision was not legisla- tive. Hughes said to leave out from the petition the document that describes what was approved is a big oversight. Hughes said the petitioners had a duty to call this to the attention of the city clerk, and the petition should have been supplemented. Gannett said the city is in an awkward position and in between two parties that do not want to let go, characterized by repeated lawsuits and repeated filings for elections. Gannett said he is attempting to get the quickest reading possible to get a defini- tive position. Richard Roth told Council he was one of the petitioners committee and got over half of the signatures. Roth said these people knew what they were signing and wanted a direct vote on this project . Roth said the legal staff is coming back with a political decision to deny the right of 630 citizens of the city of Aspen who have the right to put something on the ballot. Roth en- couraged Council to put a stop to this and to allow the referen- dum petition to proceed. Roth told Council while he was cir- culating the petition, he was personally harassed by people from the Ritz group. Roth asked Council to put this issue to the voters. Councilman Isaac said he feels the legal staff has given a good recommendation, and there will be a hearing within a month. Councilman Isaac said if the judge says there is to be a vote, it will be within the 90 days required by the city's Charter. Councilman Isaac said this will hopefully resolve having another lawsuit. Councilman Isaac moved to affirm the action of the city clerk; 21 Aspen City Council Regular Meeting October 24, 1988 seconded by Councilman Tuite. All in f avor, with the exception of Councilman Gassman. Motion carried. Councilman Isaac moved the city try and receive declaratory action in this matter; seconded by Councilman Tuite. Councilman Tuite said this position is to try and protect the city. Roth said the city staff is now saying that they gave the petitioners an incorrect petition, and it was the petitioners job to tell the city that the petition should be done differently. Roth said the city is saying the petitioners should have carried around a 56 page document. Roth told Council less than 1 percent of the people asked the read the entire thing. Roth said people would not have read a 56 page document. Roth said the city is getting a message from 630 voters to put this on the ballot. Jim Curtis told Council he feels two important issues came out of the election. One is the rebirth of the discussions about annexa- tion; the other is that it is always beneficial to talk about the future growth and direction of the community. Kathryn Pettit said she feels the Council is giving away rights that the signers of the petition earned. 600 people earned a right to have an election. All in favor, with the exception of Councilman Gassman. Motion carried. Councilman Isaac moved to suspend the rules and extend the meeting for 15 minutes; seconded by Councilman Tuite. All in favor, motion carried. RESOLUTION #35, SERIES OF 1988 - Opposing State Amendment #6 Mayor Pro Tem Fallin said this resolution goes into what the passage of amendment #6 would do to the city. Assistant City Manager Mitchell said this would repeal the real estate transfer tax, which would jeopardize the operation of the Wheeler and the support of the arts groups. Mitchell said passage of amendment #6 could also jeopardize Colorado bonds. Mitchell asked Council if Council wants staff to put any information in the media about this amendment. Councilman Isaac moved to approve Resolution #35, Series of 1988, and to spend less than $600 on information items concerning amendment #6, the money to come out of the contingency fund; seconded by Councilman Tuite. All in favor, motion carried. RED ROOF RENTALS Assistant City Manager Mitchell reminded Council they authorized staff to make the Red Roof available for rental for the winter. 22 Aspen Citv Council Regular Meetinq_ October 24, 1988 The staff has advertised these rentals. Mitchell told Council th e current restriction is that no one employer can apply for more than 25 percent. Mitchell said if the city gets more applications than rooms, they will go to a lottery system. Mitchell said the employer is the one applying and will be responsible for the first and last month's rent and the deposit. Mitchell said there has been some concern expressed to restrict the rentals to employers within the city limits. Councilman Gassman said he does not feel this should be limited. It seems a little narrow. Councilman Gassman said employee housing is not a city problem. Mayor Pro Tem Fallin agreed, and said the employee problem is everyone's problem. Mitchell said the guidelines for most employee housing is that a renter has to be employe within the county for 9 months. John Walla said this housing project is different in that it is employer-oriented and also was voted on to be employee housing for the city. Walla said the Red Roof is an asset of the city. Walla said if the city is going to qualify employers first, those that do not have a city business licenses or pay city sales tax should not be allowed to put their employees in the Red Roof . Mike Sura said the theory is to help the most businesses, not the biggest. Sura said if there are 50 beds, there should be 50 employers who have a right to have a bed and no one business should have 2 beds. Fred Smith told Council the Aspen Skiing Company has the gondola and administration building in the city and does contribute to sales tax. Smith said he feels it would be inappropriate to suggest that this housing be only operated f or the benefit of employers within the city of Aspen. Richard Roth said there were two votes on the Red Roof; one f or use as employee housing and one for the expansion of the Red Roof . Roth said every employer should have a fair and equal chance to get their employees in the Red Roof. Roth said there should be preference given to busi- nesses that have city licenses and that pay city sales tax. Roth encouraged Council to make it fair so that the small business has as great an opportunity to get their employees into the Red Roof. Hans Gramiger said there ought to be a priority for older businesses who lack housing for their employees. Mike Sura said the chances are 12 to 1 rather than 1 to 1 and is not fair. Council said they do not want to change thei r vote f rom the original proposal. BERKO BUILDING APPEAL Gideon Kauf amn told Council there are some people who have an interest in purchasing this property and would like to see 23 Aspen City Council Req_ular Meeting October 24, 1988 whether a code amendment can be implemented which would make this more affordable. Kaufman proposed that while the code amendment is being proposed, that the appeal can be put aside. Kaufman said the applicants are willing to have the GMP and the appeal put off. Kaufman said the code requirement says the appeal has to be filed within 60 days but there is no requirement on how quickly Council has to hear the appeal. Kaufman said this will sav a everyone time and energy and will be a good solution for everyone. Fred Gannett, city attorney's office, said the code amendment will take between 3 and 4 months and is not a given. Councilman Tuite moved to suspend the rules and meet 15 more minutes; seconded by Councilman Isaac. All in favor, motion carried. Les Holst said this is agreeable as long as the petition to save the house stays valid. Holst said everyone's goal is to save the Berko building. Councilman Gassman moved to suspend action on the appeal for an indefinite period; seconded by Councilman Tuite. All in f avor, motion carried. FLUORIDE Councilman Gassman moved to reconsider the previous decision; seconded by Councilman Isaac. All in favor, motion carried. Councilman Gassman moved to leave fluoride in the water; seconded by Councilman Isaac. Council man Gassman said he f eels that government should not do what people can do for themselves; however, he was impressed many dentists came in, gave a lot of information, and explained a very cogent position. Councilman Gassman said he has changed his mind. Councilman Tuite said he would like to see this be a work session early in 1989. Councilman Tuite said there is another side to the fluoride issue and it would be good for the com- munity to air this out. Councilman Tuite said he is willing to leave the fluoride in until next year. Terry Hale, dentist, told Council fluoride works. Fluoride has one side effect that is known; that side effect is that fluoride reduces decay in teeth. Hale told Council the doctor who spoke earlier stands in minority opposition to the American Cancer Society in terms of what causes cancer, and in opposition to the American Dental Association in terms of what causes tooth decay. Hale said most health organizations are unreservedly in f avor of fluoridation and believe there are no harmful side effects to fluoride. Hale said the dentists are totally in favor of 24 Aspen City Council Rectular Meeting October 24, 1988 anything they can do to answer questions and to educate the public. Steven Barnett seconded Hale's comments. Barnett said there is data and evidence that has been accumulated over 30 years. All in f av or, with the exception of Councilman Tuite. Motion carried. RED ROOF INNS NEGOTIATIONS Paul Taddune said staff would like an indication whether Council is still interested in pursuing a sale of the Red Roof Inns. Taddune said staff is having difficulty coming up with a formula on the Zoline parcel. The prospective purchaser has agreed to sever the open space issue from the Red Roof Inns issue. Chuck Vidal, representing the purchaser, told Council they would like to pursue the Red Roof Inns and would like to schedule an executive session with Council. Councilman Gassman said sell the Red Roof. Councilman Isaac asked staff to keep working on this. Taddune said he has a proposed purchase agreement, which he will make some revisions on and bring it back to Council. Councilman Gassman said he cannot give staff direction because he does not know how the agreement is structured. Councilman Tuite said this developer has a lot of land, and this agreement will let him pay in lieu, which is sending the wrong message. Councilman Tuite said he does not feel the city should sell the Red Roof to a developer for in lieu. The Red Roof is needed f or employees of this community. Vidal said the Red Roof will still be available for employees. Taddune said he will bring an agreement f or Council as a basis for discussion. CLEAN AIR BOARD APPOINTMENTS Mayor Pro Tem Fallin moved to appoint Bob Wade to the CAB in place of Casey Coffman; seconded by Councilman Tuite. Councilman Isaac said the Clean Air Board has not resolved all their differences and suggested Council wait for a month before making any appointments. Mayor Pro Tem Fallin said if Wade does not want to be on the Board, the city can then advertise the vacancy. All in favor, motion carried. Assistant City Manager Mitchell reminded does not have any say in cable television the packet is for Council's information. Council that the city rates. The report in 25 Aspen City Council Regular Meeting October 24, 1988 Councilman Isaac said he would like to have a study session with all the city boards to talk about conflict of interest. Council scheduled this for Monday, December 5 at 5 p. m. Council left the meeting at 9:45 p.m. Kathryn S. och, City Clerk 26