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HomeMy WebLinkAboutminutes.council.19890629Continued Meeting Aspen City Council June 29, 1989 COUNCILMEMBER COMMENTS 1 ORDINANCES #28, SERIES OF 1989 - Creation of Public Facilities Authority 1 ORDINANCE #29, SERIES OF 19898 - Lease Purchase Agreement $6, 500, 000 2 CASTLERIDGE REPORT 2 ORGANIZATION MEETING PUBLIC FACILITIES BOARD 3 SHADOW MOUNTAIN TRAIL LOCATION 4 EAST HIGHWAY 82 BIKE LANE 6 ASPEN SPORTS FESTIVAL 8 AUTO INSPECTION PROGRAM UPDATE 9 ORDINANCE #35, SERIES OF 1989 - Odd/Even No Burn 11 ORDINANCE #36, SERIES OF 1989 - Amending Noise Ordinance 12 REQUEST FOR FUNDS - Recycling Project 13 REQUEST TAP FEE WAIVER - Hospital Employee Housing 13 FINAL PUD - Red Roof Inns Employee Housing 14 REQUEST FOR FUNDS - Soils Testing Marolt Property 16 REQUEST FOR FUNDS - ARA Kiosk 16 ARA LEASE TRANSPORTATION CENTER AT PARKING GARAGE 16 ORDINANCE #38, SERIES OF 1989 - Correcting Miszoning, Molly Gibson 17 EPA FACILITATOR 17 HOUSING PROGRAM 17 REQUEST FOR FUNDS - 10th Mountain Division 50th Reunion 18 19 Continued Meeting Aspen City Council June 29~ 1989 Mayor Stirling called the meeting to order at 5:03 p.m. with Councilmembers Tuite, Crockett, Gassman and Peter present. COUNCILMEMBER COMMENTS 1. Councilman Crockett brought up open containers on the Fourth of July. City Manager Bob Anderson said last year Council decided the open container law should be enforced. The city put up signs and gave out warnings. Councilman Crockett asked for officer discretion and to be flexible on this. Anderson said the city's goal is to educate people. 2. Councilman Gassman moved to have an executive session at the end of this meeting to discuss personnel; seconded by Councilman Peters. All in favor, motion carried. Council said they would come back into regular session if any action needs to be taken. 3. Councilman Peters asked what it takes to get the pedestrian crosswalks repainted on Main street. City Manager Bob Anderson said the highway department has scheduled some overlay work on Main street. Anderson said he will check on this. ORDINANCES #28, SERIES OF 1989 - Creation of Public Facilities Authority Mayor Stirling opened the public hearing. Cindy Wilson, finance director, told Council Kirchner Moore has given the city a commitment to buy all the certificates of participation. Mayor Stirling asked if the members of the authority will have any liability. Cindy Shackleford, bond counsel, told Council there is no liability except for intentional fraud on the board of directors. Deputy City Manager Ron Mitchell told Council the board will be covered under the city's CIRSA coverage for any actions taken. Ms. Shackleford told Council the Authority will be the entity issuing the certificates of participation. The parking structure has an annually renewable lease so that the state law with respect to long term obligations without an election, and the Charter regarding the disposition of property will not be violated. Ms. Shackleford said in order to have a lease structure, an entity was needed to act as lessor. This is the public facilities authority. The authority is authorized to act as lessor and empowered to act as lessor in the future. Bil Dunaway asked why the city did certificates rather than bonds. Ms. Wilson said this is because of the wording approved on the ballot question, which said the bonds would be repaid solely from the sales tax revenues generated. Ms. Wilson said it was the city's plan to repay these bonds from 1 Continued Meeting Aspen City Council June 29, 1989 the sales tax revenues and from the lease of the facility, which the ballot question did not take into account. Mayor Stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #28, Series of 1989, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Peters, yes; Tuite, yes; Crockett, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #29, SERIES OF 19898 - Lease Purchase Agreement $6,500,000 Cindy Shackleford, bond counsel, pointed out the interest rate are now incorporated into the ordinance. Cindy Wilson, finance director, said the interest rates average 6.9 percent, which is a good rate. Deputy City Manager Ron Mitchell said the issue was to determine the lease should the city fail to renew. Based on approvals, this was appraised at $10,000 which everyone agreed to. Ms. Wilson said the number of parking spaces on the unimproved lot was taken, which is 7 0 spaces, at $1 day used at 2 7 0 days per year, taking 60 percent of that amount estimated as a fee paid to someone to operate the facility. The net was the value of the lease. Mitchell said the city needed to satisfy bond counsel and the insurance company this is the correct amount if they ended up taking over the operation. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #29, Series of 1989, as amended on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Tuite, yes; Crockett, yes; Peters, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. CASTLERIDGE REPORT City Manager Bob Anderson said the agreement stipulates to holding the current rental rates for an extra month while the city negotiates with the owners. Anderson said the city has already received an agreement to set up a grievance procedure with the housing authority. Castleridge Associates has agreed to drop the cat fee. Connie Jungbleuth will audit the amounts that have been submitted. Deputy City Manager Ron Mitchell told Council Ms. Jungbleuth received the full submittal for 1987 and 1988 which includes operating costs and tax returns. Ms. Jungbleuth will go through these and compare them to the contract. Councilman Peters said he is concerned about what is supporting the figures. Mitchell said she will spot check receipts and get original documentation if needed. 2 Continued Meeting Aspen City Council June 29, 1989 A tenant told Council they have initiated a tenant's association with a representative from each building. They will meet on Thursday to gather information. Anderson suggested putting together a team to negotiate financial issues in the contract, including staff, tenants and someone from Council. Anderson said Council's goal is to have housing that is fair and reasonable. Anderson recommended this goal be worked out with Castleridge Associates, if possible. If the city finds it impossible, other things will have to be looked at. Anderson said he would like to reach an agreement that can be tried for a year to see if it works. Councilman Peters said he would like a legal opinion on the relationship between the housing authority guidelines that are part of the contract and the variations that are part of the contract and how they relate. Fred Gannett, city attorney's office, told Council he will give an opinion by the end of July whether there are grounds to declare a default in the contract. Council will then have to give directions to staff what they want to do if there is a default. Gannett said the modification agreement has philosophical direction, to keep the housing guidelines as principles. Gannett said cat deposits and move-up deposits may be beyond the spirit of low priced housing. Gannett said whether this is a violation of the contract is unclear. Councilman Crockett said he would like a recommendation that the city needs to clarify the rental increases. Gannett recommended Council meet with the owners to outline what they want . Councilman Crockett moved to adopt the stipulation to the modifica- tion settlement agreement and to direct the Mayor to sign, and to form a committee including Councilmembers Tuite and Peters; seconded by Councilman Tuite. All in favor, motion carried. ORGANIZATION MEETING PUBLIC FACILITIES BOARD Fred Gannett, incorporator, called the meeting to order. Bill Tuite moved to approve Resolution #1 of the Board, appointing Bill Stirling president and Kathryn Koch, secretary; seconded by Frank Peters. All in favor, motion carried. Steve Crockett moved to approve resolution #2, adopting the articles of incorporation and bylaws; seconded by Bill Tuite. All in favor, motion carried. Bill Tuite moved to approve Resolution #3, electing Bill Stirling president of the public facilities authority; seconded by Frank Peters. All in favor, motion carried. 3 Continued Meeting Aspen City Council June 29, 1989 Bill Tuite moved to approve Resolution #4, electing Michael Gassman as vice president of the authority; seconded by Steve Crockett. All in favor, motion carried. Bill Tuite moved to approve Resolution #5 electing Cindy Wilson treasurer for the authority; seconded by Michael Gassman. All in favor, motion carried. Michael Gassman moved to approve Resolution #6, electing Kathryn Koch secretary of the authority; seconded by Bill Tuite. All in favor, motion carried. Michael Gassman moved to approve Resolution #7, electing Steve Crockett assistant secretary of the authority; seconded by Bill Tuite. All in favor, motion carried. Steve Crockett moved to approve Resolution #8, approving the ground lease agreement, lease purchase and sublease agreement; seconded by Frank Peters. All in favor, motion carried. Michael Gassman moved to approve the certificate of minutes of the organization meeting and resolutions of the public facilities authority; seconded by Bill Tuite. All in favor, motion carried. SHADOW MOUNTAIN TRAIL LOCATION City Manager Bob Anderson reminded Council that Hans Gramiger pointed out that the trail alignment the city was following on the advise of the PCPA would be more costly than the budget. Council asked staff to get the engineering firm to do a study to determine costs for the trail. Deputy City Manager Ron Mitchell told Council the lower alignments will be less expensive and less troublesome in acquiring easements. Based on Council's direction, staff will proceed to acquire easements for one of the alignments. Mitchell said there is $140,000 allocated for trails. Pat Dobie, Banner engineering, told Council 3 alternatives were costed out. Alternative A follows the base of the mountain and uses some existing easements which have been acquired in the past. Dobie said this goes from Fourth street to the Marolt bridge. Dobie showed Council the easements the city has and those that need to be acquired. Dobie showed the route of alternative B. Dobie told Council alternative C requires the least amount of easements, therefore the least costs. Hans Gramiger said the property owners would like the trail in a different location. Gramiger pointed out this would not be before Council if there was not a viable alternative for this trail. Al Blomquist said the city's policy is that curb, gutter and sidewalk are paid for by the property owner. Throughout the city, people 4 Continued Meeting Aspen City Council June 29. 1989 have committed to joint sidewalk districts. Blomquist said alternative C has to be identified as a sidewalk; it is on the side of the road. Alternative A, which is a trail proposal, is to be paid for by the city. Blomquist suggested Council do nothing about this trail at this time and wait for lot splits and subdivision processes to get trail easements or sidewalks. Council can then focus their priorities to other segments of the trail system. Councilman Tuite asked about the easement in the condemnation proceedings. Blomquist said the city should just wait for the intervening property owners in order to connect the trails. Blomquist said this condemnation was done with the PCPA providing the money for the city to participate. There was full agreement of the property owner to give this easement. Blomquist said this condemnation proceeding should be concluded. Bil Dunaway said if the city can get the trail easements by waiting, they should. There are other areas that need trails, like east of town. Les Kaplan, owner of the Sheehan property, said when the study was initiated it was to see if there was an alternative route to the base of Shadow mountain alignment. Kaplan said the study indicates there is an alternative route. Kaplan said because there is an alternative route, this would indicate that the public necessity of proceeding with the condemnation has been undermined. The study indicates from a cost standpoint, the trail on the lower alignment has cost advantages. Kaplan said the major purpose of this trail is to be an urban link, which is the highest category of commuter trail in the master plan. Kaplan said the lower alignment would more clearly serve the user groups of people in Aspen. Kaplan said the upper trail imposes a continuous gash along the mountain. Kaplan said the upper trail does not preclude that there will be driveway interruptions. Things can be done to mitigate the driveway interruptions on the lower alignment. Kaplan said the city will get much more benefit for their money with the lower alignment. Councilman Gassman asked which alignment is shown on the master plan. Tom Baker, planning office, said alignment A is shown on the master plan. Baker said the purpose of alternative A is to provide the base of the mountain connection between the existing trail links. Councilman Peters asked if Kaplan agreed in a subdivision or lot split agreement to provide a trail along alignment A. Kaplan said prior to acquiring the property he contacted the city and was told that condemnation action was in progress. Ed Zasacky, PCPA, studied this and recommended the upper alignment. Zasacky said the upper alignment is also a better trail for skiing. Craig Ward said the problems with alternatives B and C are the inter- section at Seventh and Hopkins. Ward said the city should go with alterative A, and use the city's money wisely. Raol Wille said A is the better trail for skiing and a trail where the snow will stay on the mountain better. 5 Continued Meeting Aspen City Council June 29, 1989 EAST HIGHWAY 82 BIKE LANE Elyse Elliott, engineering department, told Council the movement to get this trail built was started by Aspen Bike Lovers Ease (ABLE) . The department of highways offered to give $50, 000 towards the construction of the trail. Ms. Elliott told Council she has come up with two design alternatives, differing only in length. One goes all the way to Mountain Valley; the city's share would be $221,000. The second alternative goes to McSkimming road and the city's share would be $142,000. Ms. Elliott told Council the design meets the department of highway's specification. Ms. Elliott told Council if they approve this tonight, the trail can be built by September. The city has $144,000 in the trail improvement budget, which would totally fund alternative to McSkimming road. Nick McGrath, representing ABLE, reminded Council they brought in a petition with 1,000 signatures of local residents who support a trail east of Aspen. McGrath said ABLE's goal is to have a trail system along the highway, which is the cheapest way to do it. McGrath said this link is crucial to any trails east of Aspen. McGrath suggested this trail actually go to the city line at the Knollwood turnoff. McGrath requested Council use some of their surplus dollars to go to the city line. Ms. Elliott told Council the prices are for a 6 foot trail on both sides of the highway. Larry Frederick said he cannot think of a more important place to improve the safety situation; this is a heavily used and a critical area. Frederick said this trail would be a great amenity and a good auto disincentive. Frederick said the easements for the trail are in place. Ms. Elliott said the design will have retaining walls installed. There are drainage problems, which this plan will be remedying. Ms. Elliott told Council staff feels trails on both sides of the highway is much safer. Also building a trail on one side would not be half the cost because it would have to be wider than 6 feet. McGrath said because of the narrowness, they had to do a compromise, which is two 6 feet trails. McGrath said trails on both sides of the street are needed for safety. Mayor Stirling moved to fund the east highway 82 bike lane to be built on both sides of the highway using alternative #2 for a maximum of $142,000 from the city's designated capital budget for 1989 for trails, contingent upon verification of the contribution from the Colorado department of highways; seconded by Councilman Crockett. Councilman Tuite asked about requesting money from the department of highways for 1990. Ms. Elliott said the department of highways does not know it's funding level for 1990, but it is a good 6 Continued Meeting Aspen City Council June 29, 1989 suggestion. Councilman Gassman said Council has a list of projects for the surplus, and asked if Council wants to add the extension of this trail to the list. Councilman Peters said he would be interested. Councilman Tuite asked who will take care of the maintenance. Ms. Elliott said she will have to ask the highway department. All in favor, motion carried. Councilman Gassman said this motion seems to be indicating the city will wait for subdivisions and lots splits for the Shadow Mountain trail. Councilman Crockett said Stan Johnson is concerned about the condemnation procedures and will not go willingly towards condemnation, as is another property owner. Councilman Crockett moved to do nothing right now on the Shadow Mountain trail alignment. Motion DIES for lack of a second. Councilman Peters moved to designate trail option A as the preferred alignment and direct staff to pursue easement acquisition in accordance with budget allocations and acquisitions through lot splits and subdivision as approved the city Council, and direct the city attorney to pursue condemnation through the Kaplan site. Motion DIES for lack of a second. City Manager Bob Anderson said the last direction from Council was to continue to pursue the condemnation, and with no action from Council staff will continue on that course. Council also indicated that alternative A was the preferred site. Gannett reminded Council the city got into condemnation with Sheehan, who invited condemnation for his own purposes. The status of these proceeding is in a hiatus in the courts, by stipulation the city is not pursuing this one way or the other. Gannett said staff needs direction whether to maintain status quo, drop it or move forward with the condemnation. Councilman Crockett said he feels alterna- tive A is very cost intensive. Councilman Crockett said he feels the trail master plan should make an effort to seek compromise, both financially and on a humanistic level. Mayor Stirling agreed he is concerned about the costs but he is also concerned about who will use alignment A. Mayor Stirling said the average citizen is not going to use alternative A the way the lower alternative would be used. Councilman Tuite said he does not think the city should ignore picking up easements through sub- division or lot splits. Councilman Crockett said he would like to remain in hiatus with the condemnation and let whatever acquisi- tions the city needs come as a result of land use applications. Councilman Gassman agreed Council is saying not to take any official action one way or another. Gannett said the stipulation requires consent of both sides. Kaplan has not entered opposition 7 Continued Meeting Aspen City Councl_ _ June 29, 1989 on the condemnation; the opposition come from Hans Gramiger who has an interest by virtue of a restricted covenant. Hans Gramiger said the city has the right to reinstitute a condemnation at any time. Councilman Gassman suggested this condemnation be put on a future agenda. ASPEN SPORTS FESTIVAL Jim Jackson submitted a memorandum detailing their request. Jackson said last year the concept of an Aspen Sports Festival was introduced to Council, met favorably in a conceptual sense, but was rejected. Jackson said this is a request on behalf of Aspen Triathalon, rugby and volleyball interests. Jackson said this is an effort to package all three events and to get better sponsorship and funding for these events. Buddy Ortega said they are trying to get these 3 athletic events working in harmony. All 3 events have been in operation for a number of years. Ortega said they envision on sports month, starting with cycling in August and ending with Ruggerfest in September and taking in all aspects of sports. Councilman Tuite moved to designate Aspen Sports Festival Weekend; seconded by Councilman Peters. Councilman Crockett said he cannot conscience designating or spending money on events that will attract more people to Aspen when there are enough people here already. Councilman Crockett said this will contribute to the city's problems. Councilman Crockett said this is encroaching on the off seasons and is already anticipated to increase from a week to a month. All in favor, with the exception of Councilman Crockett. Motion carried. Jackson said the request for funds will be for all three of these events rather than just for the triathalon. Jackson said a representative from each interest is involved in the Aspen Sports Festival. Jackson said they would like the funds to get started and so that they are not continually coming to the city asking for funds. Mayor Stirling moved that Council grant $6, 000 as a special request from the 1989 contingency fund to be giving to the organizing committee of the 1989 Aspen Sports Festival weekend; seconded by Councilman Tuite. Mayor Stirling said he eliminated the advertising and promotion part of the request, took out the contingency and arrived at $6,000. Mayor Stirling said the Council has given small amounts to these organizations in the past. Mayor Stirling said he sees 8 Continued Meetinq Aspen City Council June 29, 1989 this as a stimulating thing with a local emphasis. Councilman Crockett requested Council look at their priorities; there are other groups begging for money. Councilman Crockett said this is private enterprise. Councilman Crockett said he would rather see this discussed during budget time along with the city's other priorities. Jackson said the triathalon started off with 28 people; there are now two events and 300 participants. The triathalon is commensurate with Aspen's sports image. Councilman Gassman said these are local events with a lot of dedication and work on them. Councilman Gassman said these events represent genuine grassroots athletics. All in favor, with the exception of Councilman Crockett. Motion carried. AUTO INSPECTION PROGRAM UPDATE Lee Cassin, environmental health department, told Council the Commissioners have decided they want to adopt into the state program, requiring the 17,000 cars in Pitkin County to be inspected before they can be registered. Ms. Cassin said the city and county need to spend a lot of time, have public meetings, training, getting the word out on this program. Ms. Cassin recommended that the first year of the program there be inspections but no require- ments for repairs. Ms. Cassin told Council the average cost of repairs in order to comply is $59. Ms. Cassin said older cars are allowed to pollute more because they cannot be as clean as newer cars. Ms. Cassin said there are a lot of provisions in the state law that attempt to prevent the problem of abuse. The inspections are done by computer. In addition, there is a cap on how much people can be required to spend to adjust their cars. Ms. Cassin recommended the city look at a parking incentive program to be combined with the inspection program. Mayor Stirling moved to direct staff to write an ordinance adopting the procedures of the state inspection and maintenance program in the city, to do this in cooperation with the county, and to invite the program administrator to come to Aspen, and to look at the options for a parking incentive program; seconded by Councilman Peters. Councilman Tuite said the city does not have a lot of service stations to do this program. Councilman Tuite said there should be a parking incentive to get the cars off the road that do pollute. Councilman Tuite said he feels this is regressive because it will effect people that cannot afford the new cars. Ms. Cassin reiterated older cars are allowed to pollute more. Cars that are 1980 and older do not have to spend more than $50. Mayor Stirling 9 Continued Meeting Aspen City Council _ June 29, 1989 said this is one of the most effective ways to control CO levels. Mayor Stirling said ownership of a vehicle requires a certain responsibility. Councilman Crockett said he would like to see the sea level versus the high altitude standards validated. Councilman Crockett said he feels this program is invasive and would also like to see comparison with car emissions versus stove emissions. Councilman Crockett said he would like to see referrals comments from the departments that will be affected by this. Mayor Stirling said this program is in sync with two Council goals, lowering the number of cars and cleaning up the air. Councilman Peters said one positive about this program is that it will inspect all vehicles, including buses and delivery trucks. Councilman Gassman said this is counter to the city's goals of promoting public transportation and getting people out of their cars. This is a front range solution. It assumes people are stuck with cars forever. Councilman Gassman said the idea of a parking incentive to encourage people to park in town is completely counter to what the city is trying to achieve. Mayor Stirling said this does not mean he is giving over to the automobile. Councilman Crockett said there are financial implications in this program. Councilman Crockett said he would expand the information available, harvest some community input, and continue to assess this program. Councilman Tuite said he would favor this of Eagle and Garfield counties are also doing it. Councilman Peters and Mayor Stirling in favor; Councilmembers Gassman, Crockett and Tuite opposed. Motion NOT carried. Councilman Crockett moved to ask the environmental health depart- ment to expand the focus of their work and come back with addition- al alternatives. Tom Dunlop, environmental health department, said this is not an ideal program for Pitkin County; however, with the available resources, it is probably the most effective program. Councilman Crockett withdrew his motion. Mayor Stirling moved to direct staff to pursue the mitigation of CO levels in the air by virtue of cooperating with the county on a testing program for all automobiles registered in Pitkin County, and to discuss all the ramifications for the city of such a program, which might include parking issues and bring back data on this by July 24; seconded by Councilman Peters. All in favor, with the exception of Councilman Gassman. Motion carried. 10 Continued Meetinct Aspen City Council June 29, 1989 ORDINANCE #35, SERIES OF 1989 - Odd/Even No Burn Mayor Stirling moved to read Ordinance #35, Series of 1989; seconded by Councilman Peters. All in favor, with the exception of Councilman Gassman. Motion carried. ORDINANCE #35 (Series of 1989) AN ORDINANCE AMENDING SECTION 11-2.3 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, SO AS TO REGULATE USE OF SOLID FUEL BURNING DEVICES AND PRESCRIBING THE PENALTY FOR A VIOLATION OF SAID AMENDMENT was read by the city clerk Councilman Peters moved to adopt Ordinance #35, Series of 1989, on first reading; seconded by Mayor Stirling. Lee Cassin, environmental health department, told Council this is the same as last year's ordinance with the fine schedule included and an additional provision for no burn days to be called when there is a high pollution level. Councilman Gassman said this is an ordinance to solve a problem that the city does not understand by means that no one knows if it works. Councilman Gassman pointed out in the last few years, the contribution of street sanding to the air pollution problem has gone from 15 to 65 percent. Council- man Gassman said the city does not know if this ordinance works. Councilman Peters suggested an alternative of having a week or two of no burning; collect the PM 10 levels and decide if there is a correlation and what it is. Councilman Gassman said this ordinance makes the assumption that people are too dumb to make a contribu- tion by themselves. Councilman Gassman said he could support a public education program on the problem with fireplaces and let people decide when not to burn themselves. Mayor Stirling said the air pollution problem is caused by fireplaces, road dust and restaurant grills. Mayor Stirling said it does not make any difference what the percentages are. The ordinance alerts citizens and visitors to participate in the clean air program. Mayor Stirling said this ordinance is part of the education consciousness raising effort. Mayor Stirling said he feels thing ordinance helped last winter. Councilman Crockett said he would like to have more information on the contributors to pollution. Councilman Crockett said he does not want to give out a message that the city does not care about this problem. Councilman Crockett agreed legislation can be an informational and educational tool. Tom Dunlop, environmental health department, said staff cannot tell Council that one week or 11 Continued Meeting Asnen Citv Council June 29, 1989 one month of no wood burning will give the city the answer. Ms. Cassin said the city would have to assume that the weather did not change or the snow levels or the sand on the streets had not changed to do a PM 10 test with no burning. Ms. Cassin told Council the data the city was supposed to get this July they will get next July. Councilman Tuite said he wants to see a program in place this year to update the dirty burning stoves. These pollute more and they are used by people that need the heat. Ms. Cassin agreed this would be a more effective program. Roll call vote; Councilmembers Tuite, no; Peters, yes; Gassman, no; Crockett, no; Mayor Stirling, yes. Motion NOT carried. Councilman Crockett moved to implement a no burn program on high pollution days only; seconded by Councilman Peters. Councilman Gassman asked if this includes an education program. Councilman Crockett said it does. Dunlop said the high pollution days will be called as the result of PM 10 monitoring. All in favor, motion carried. ORDINANCE #36, SERIES OF 1989 - Amending Noise Ordinance Councilman Tuite moved to read Ordinance #36, Series of 1989; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #36 (Series of 1989) AN ORDINANCE AMENDING SECTION 16-2.C, 16-2.L, 16-2.P, 16- 2.CC, 16-3.B.6(A), AND 16-4 OF THE MUNICIPAL CODE OF ASPEN TO LIMIT CONSTRUCTION ACTIVITY NOISE AT NIGHT AND UPDATE DISTRICT DEFINITIONS TO REFLECT CURRENT ZONING DISTRICTS was read by the city clerk Councilman Gassman moved to adopt Ordinance #36, Series of 1989, on first reading; seconded by Councilman Peters. Councilman Gassman said Council has discussed banning street and utility construction from June 1st to September 1st except for absolute emergencies. Council agreed this ought to be a separate ordinance. Roll call vote; Councilmembers Tuite, yes; Crockett, yes; Gassman, yes; Peters, yes; Mayor Stirling, yes. Motion carried. 12 Continued Meeting Aspen City Council June 29, 1989 Councilman Gassman moved to direct staff to bring back an ordinance prohibiting utility and street construction in the downtown core during the summer months; seconded by Mayor Stirling. All in favor, motion carried. REQUEST FOR FUNDS - Recycling Project Councilman Tuite moved to direct staff to pursue purchase of the necessary supplies to begin recycling efforts within the city facilities, either from contingency or fund balance; seconded by Councilman Crockett. All in favor, motion carried. REQUEST TAP FEE WAIVER - Hospital Employee Housing Steve Swanson, hospital, told Council they have been fast tracking this employee housing project since 1988. The city donated a piece of land for this project, which is 17 units housing 26 employees, 20 of which will be hospital employees. Swanson told Council the project has tap fees of $91, 000 which is about $7 per square foot. Swanson said they are trying to hold the costs down for the rents. Swanson told Council Rocky Mountain Institute put together a study to help control water and energy costs for this projects. Swanson requested the city either fund or waive the taps fees for this project. Swanson said if this is not possible, they would request the city lower the fees by the amount of energy saved using the RMI alternatives and to extend them over at least 7 years. City Manager Bob Anderson reminded Council they are trying to keep the water utility as a separate business and the tap fees are to pay for a percentage of the costs. Anderson said if Council chooses to waive the tap fees, they should pay for them out of the general fund. Anderson said he would rather see a payment program over several years. Anderson said the water conservation plan is worth looking into. Councilman Crockett moved to reduce the tap fees based on what can be saved through conservation, as proved by specific evidence, and defer the fees over 5 years; seconded by Councilman Gassman. Councilman Gassman pointed out that employee housing projects use the facilities, like water and sewer, and do have impacts on the community. Jim Adamski, housing office, said tap fees add to projects and the people that pay for it are the residents. Councilman Peters said this is a simple way to make community housing more affordable. Tap fees are high because the city has a massive water plant to serve development. Councilman Peters said if there is a good use for the budget surplus, it is for affordable housing. Councilman Peters said he would support a transfer to pay for these tap fees. Councilman Peters said he would like to know more about the deed restrictions for these units to tell if the 13 Continued Meeting Aspen Citv Council June 29, 1989 city is passing on a subsidy in an equitable way to employees throughout the city and will the subsidy be directly reflected in rents. Mayor Stirling agreed with supporting this request if there is accessibility to these units from employees in general. Peter said the hospital paid for a study done by RMI on water conservation and suggested this may be transferrable to other projects. Peter said they could also look at how tap fees affect the rents. Tom Stevens said after looking at a couple of housing projects, the single largest budget item is tap fees which trans- lates into a lot of money per month for rents. Swanson said if they could get an extension of when they have to pay the tap fees until Council decides which way they are going, this would help the project . Councilman Crockett withdrew his motion. Council requested a policy be set in the next 60 days. FINAL PUD - Red Roof Inns Employee Housing Tom Baker, planning office, told Council P & Z is recommending approval of the 86 parking space alternative. Rezoning of the land will be on July 17. Tom Stevens, architect, pointed out the architecture has remained the same, the square footages have been refined. There will be 4 studios at 306 square feet; 4 one-bedroom units at 556; 38 two-bedrooms ranging between 694 and 931 square feet, a total of 46 units. The rents will be studio $300; one- bedroom $500 and two-bedrooms $650 to $830. Jim Adamski, housing office, said these rents are based on the costs they have right down. If costs are lowered, the rents can be lowered. Stevens said there are two buildings. The parking lot to the west of the units, with 28 spaces, has been dropped. The total parking is 86 spaces as part of an auto disincentive program. The plan calls for renting on a priority level to non-car owners, providing a van shuttle service to the project. Stevens told Council this program will be monitored over a yearly period; it is a pilot program. Stevens said if this program does not work, they have the ability to come back and put in that parking lot. The area where the parking lot used to be is now a volleyball and basketball court. There is 51 percent open space on the project. Stevens said they are working with the leisure services department on coordinating this project with the golf course. Baker said this project meets the GMQS exemption standards. P & Z felt the applicant responded well to Council suggestions about auto disincentive. P & Z focused on the intersection. All criteria have been met with the exception of the intersection at highway 82. Baker said condition #3 deals with plowing the trail 14 Continued_Meetinq Aspen Citv Council June 29. 1989 between the gol f course and Cemetery Lane to promote pedestrian and bicycle travel. Stevens said this is a city-owned trail. Stevens said the residents of this project are encouraged to use the trails, but all citizens of Aspen are encouraged to use trails. Stevens said the housing authority is not in the business of snow plowing nor is it in the business of covering the liability for plowing. Councilman Crockett said he feels the city should plow this trail. Bill Efting, leisure services department, said the city should be careful about setting precedents because there are other trails the city does not take care of. Council agreed to strike condition #3. Baker said this project was well handled. There were a number of neighborhood meetings held before going into the process, which made things a lot smoother. Baker told Council the energy conser- vation and environmental concerns that went into this project make it a model affordable housing project. Baker recommended Council approval final PUD and GMQS exemption, with the conditions approved by P & Z. Councilman Gassman moved to approve the growth management quota system exemption and final PUD for Truscott place; seconded by Councilman Peters. Mayor Stirling asked if the public areas on the original building will be renewed and brought up to a certain standard. Adamski said the exteriors will be taken care of. Adamski said the housing office would like to work with the vendor on the interior spaces. Councilman Peters asked if it would make more sense to have the restaurant used for the project rather than for the golf course. Mayor Stirling said the sense of Council has been there needs to be support facility for the golf course. Councilman Peters suggested massing models be kept for affordable housing projects. Baker told Council the rear yard setback is 3 feet rather than 5 feet. Stevens said this is to provide for an entrance to storage facilities below the units. Stevens told Council under the public zone district, dimensional requirements are set during special review. Efting said the golf course alignment will not be affected. Council agreed with the setback. Baker said options suggested for solution to the highway problems are use of the HOV lanes or a traffic signal or a pedestrian underpass. Baker told Council the applicant is still working with the highway department, who will require an access permit. Councilman Peters said he wants staff to also pursue the speed limit near this project. All in favor, motion carried. 15 Continued Meeting Aspen City Council June 29, 1989 REQUEST FOR FUNDS - Soils Testing Marolt Property Bill Efting, leisure services director, reminded Council during the historical society lease there was talk about the old smelter and possible metals in the soils. Efting said staff feels they should have the soils tested in this area. Efting requested permission to get bids for soils tests up to $5,000. Efting said this will be a 4 to 6 weeks process. Councilman Crockett moved to approve the request for $5,000 for soils testing from the general fund fund balance; seconded by Councilman Peters. Council requested the fund balance be kept track of and reported back. Efting asked if he has permission to go ahead with the work. Council agreed. All in favor, motion carried. REQUEST FOR FUNDS - ARA Kiosk Councilman Tuite moved to approve the expenditure of $470 for the painting of the ARA kiosk; seconded by Mayor Stirling. All in favor, with the exception of Councilmembers Gassman and Peters. Motion carried. ARA LEASE TRANSPORTATION CENTER AT PARKING GARAGE Deputy City Manager Ron Mitchell told Council staff investigated leasing the space at the parking garage. It became evident leasing the entire space to the ARA was a good opportunity to implement the goals of getting transportation related activities in that space. Mitchell said the ARA can have their administrative offices/trans- portation area to offer baggage handling and visitor assistance. Mitchell requested Council's approval to negotiate and come back with a specific lease covering amounts and finishing that space. Mayor Stirling moved to direct staff to continue the negotiations with ARA to finalize the proposal the lease the parking structure, transportation center; seconded by Councilman Gassman. Mitchell said the estimate to finish off the space will cost $125,000. The ARA will request that be traded off against rentals. Mitchell said the space is about 4,000 square feet. Mitchell told Council staff has Ross Consultants helping with these negotiations. Mitchell said the airlines are interested in working with the ARA but are not interested in leasing the space for an entire year. Tom Hines, ARA, said the direction of Council is to use this square 16 Continued Meeting Aspen Citv Council June 29, 1989 footage to complement the transportation center. Hines said the ARA feels they are the right entity to do this. All in favor, motion carried. Councilman Peters moved to suspend the rules and meet until 9:30 p.m.; seconded by Councilman Gassman. All in favor, motion carried. ORDINANCE #38, SERIES OF 1989 - Correcting Miszoning, Molly Gibson Councilman Gassman moved to read Ordinance #38, Series of 1989; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #38 (Series of 1989) AN ORDINANCE AMENDING ORDINANCE NUMBER 68, SERIES OF 1982, WITH RESPECT TO A CLERICAL ERROR MISIDENTIFYING THE LOTS AND BLOCKS OF THE MOLLY GIBBON LODGE was read by the city clerk Councilman Gassman moved to adopt Ordinance #38, Series of 1989, on first reading; seconded by Mayor Stirling. Roll call vote; Councilmembers Crockett, yes; Peters, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. EPA FACILITATOR Councilman Tuite told Council he attended the meeting last night with the EPA. Reid Haughey, county manager acted as the facili- tator. Councilman Tuite told Council they came up with consensus and made an offer to the EPA. Councilman Tuite said the group feels comfortable and does not need a facilitator at this point. HOUSING PROGRAM Jim Adamski, housing director, told Council staff is looking for a direction in this program. Staff is working on one project already. Adamski told Council each project will have a specific budget. Adamski said Glenn Horn and Chuck Vidal will put together a budget for this first project. Adamski told Council the county has taken $25,000 of their payment-in-lieu to put into special projects. Adamski recommended the money for city projects come from the cash-in-lieu funds. Councilman Peters said he would like a structure for this task force and to have them report directly to Council. Councilman Peters volunteered to be liaison to the task force. Councilman Peters said he would like the task force to look at restructuring the allowable return on affordable housing investments. Councilman Peters said he would also like the task 17 Continued Meeting Asuen Citv Council June 29, 1989 force to look at buying down existing restricted units. Glenn Horn said they plan on taking some sites, figure out a project that works and then how to make it work and what changes need to be made. Mayor Stirling moved to direct the city manager to allocate city payment-in-lieu funds to proceed with the June 29 memorandum from Jim Adamski up to $25,000, and that Councilman Peters be appointed as liaison on the committee; seconded by Councilman Gassman. All in favor, motion carried. Mayor Stirling moved to have a task force directed solely at caretaker units with an allocation; and have Bill Lipsey and Karen Day Hudson work on this; seconded by Councilman Peters. All in favor, motion carried. REQUEST FOR FUNDS - 10th Mountain Division 50th Reunion Mayor Stirling said the 50th reunion for the 10th Mountain Division is planned for September 1992. Mayor Stirling said the sites have been narrowed down to Vail and San Diego. Mayor Stirling said not to have the reunion in Aspen is a terrible irony. Mayor Stirling said he would like some funds to work on getting the reunion in Aspen. Mayor Stirling moved to allocate up to $500 just for this presenta- tion to get Aspen back into the running; this money to come out of the contingency; seconded by Councilman Gassman. All in favor, motion carried. Council went into executive session at 9:20 p.m. Council recon- vened at 10:50 p.m. Mayor Stirling moved to have an executive session Thursday, July 6 at 5 : 3 0 p . m. on personnel issues ; seconded by Councilman Gassman . All in favor, motion carried. Council adjourned at 10:50 p.m. -~' Kathryn Koch, City Clerk 18