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HomeMy WebLinkAboutminutes.council.19890828Regular Meetina Aspen City Council August 28, 1989 PROCLAMATION - Gordon Hardy 1 RESOLUTION #30, SERIES OF 1989 - Eve Homeyer 1 RESOLUTION #31, SERIES OF 1989 - Ron Mitchell 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 3 CONSENT AGENDA 6 ORDINANCE #52, SERIES OF 1989 - Annexing 0015 Harbour Lane 7 RESOLUTION #26, 1989 - Setting Aside Unallocated Residential Units from 1988 GMP Quota 7 RESOLUTION #27, 1989 - Eliminating the Unallocated Commercial Allotments from the 1989 GMP Quota 8 ORDINANCE #45, SERIES OF 1989 - Banning the Sale of Ivory 9 PARKING STRUCTURE UPDATE AND USE OF RIO GRANDE BALL FIELD 11 MEADOWS MASTER PLAN BUDGET 13 PARKING STRUCTURE COST SAVINGS ITEMS 13 ALLEY EXTENSION BLOCK 8 14 MAROLT BARN LEASE 15 SHEEHAN CONDEMNATION 16 REQUEST FOR BUDGET - Marolt Ranch Project 18 ASBESTOS REMOVAL - City Shop 18 ORDINANCE #54, SERIES OF 1989 - No Burn on High Pollution Days 19 ORDINANCE #55, SERIES OF 1989 - Historic Landmark Incen- tives 19 ORDINANCE #56, SERIES OF 1989 - Historic Designations 20 ORDINANCE #53, SERIES OF 1989 - Appropriations 20 LOCAL PREFERENCE 21 22 Regular Meeting Aspen City Council August 28, 1989 RESOLUTION #25, SERIES OF 1989 - Rocky Flats Closure 21 23 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Gassman, Tuite, Crockett and Peters present. PROCLAMATION - Gordon Hardy Mayor Stirling and Council declared Friday, August 18th as Gordon Hardy day for his 28 years of being director of the Aspen Music Festival. Council presented Hardy with a copy of this proclama- tion. RESOLUTION #30, SERIES OF 1989 - Eve Homeyer Mayor Stirling moved to adopt Resolution #30, Series of 1989, commending Eve Homeyer for her volunteerism for the city, the RFTA Board and with the Wheeler Opera House Board since 1981; seconded by Councilman Peters. All in favor, motion carried. RESOLUTION #31, SERIES OF 1989 - Ron Mitchell Mayor Stirling moved to adopt Resolution #31, Series of 1989, commending Ron Mitchell for his work with the city for the past 9 years; seconded by Councilman Peters. All in favor, motion carried. CITIZEN PARTICIPATION 1. Cindy Griem, speaking on behalf of the Aspen Sports Festival, asked Council if they are going to address the status of the Rio Grande. Deputy City Manager Ron Mitchell requested Council move the parking structure from an information item to an action item so that Council can receive the updated results of the additional water study and to discuss the use of the Rio Grande. Mitchell said Chen has found that the ground water will have to be dewatered on the gravity system. The contractor has told city they will need to start the trenching tomorrow in order to meet the February 15th opening date. Mayor Stirling moved to put the parking structure as the first action item; seconded by Councilman Peters. All in favor, motion carried. 2. Paula Smith, president of the Aspen Skating Club, invited Council to meet the world class skaters at the Wheeler Opera House September 7 from 5 p.m. to 7 p.m. Ms. Smith requested Mayor Stirling address these skaters. The Stars on Ice skaters will be in Aspen September 5 to September 15 and will be rehearsing at the Aspen Ice Garden. There will be an open dress rehearsal September 14th. 1 Regular Meeting Aspen City Council August 28, 1989 3. Mary Martin, People's Rights Organization, read a statement into the record. "To the Honorable Mayor of Aspen, William Stirling, and Council of Aspen, It is clearly evident that your decision of July 7, (sic) to deny a permit for the long sought and well planned application for improvements to the institute/Meadows property was a decision that was premeditated and preconceived by 3 council members and the Mayor. It is clear that you allowed a process to go through delays, changes required by P & Z -- at considerable work load and expense to the principal participants of the property knowing that your minds decision were already made! You have clearly now added another tax payers burden by employing Mr. Bill Kane to be your planner for the same area. Let us refresh your memory. Bill Kane was one of Aspens first planners and was responsible for not being able to plan the Meadows/Institute property to please government 12 years ago when the improvements were denied by one vote of council at Mr. Kane and the planning staffs recommendation. After months of work by the consortium and Hadid Holdings, who employed Mr. Kane as the planner during which time members of council had ample opportunity to inject planning that they saw correct for the property, you did not to let P & Z know you would not approve of the plan as presented! It has now doubly compounded the expenses and problems for all of us. Let us ask you some very serious questions. #1. Was there ever any campaign rhetoric that gave the Voters an indication that dealt specifically with the Institute/Meadows urgent needs and your desires to kill the Arts and Hadid Holdings. The campaign rhetoric that elected you in office was the need for employee housing yet in 3 months time in office you have placed a moratorium on any building and you and the county commissioners have repeatedly denied the private sectors offer of building employee housing on private land. HAVE YOU NOT DECEIVED THE VOTERS? THIS -- WE CALL REPREHENSIBLE!! #2. Was there any campaign rhetoric that indicated dissatisfaction of city management? or policies? The answer is NO, yet within 3 months time you have relieved competent, dedicated and well qualified employees --- such as Bob Anderson, City Manager; Fred Gannett, Legal Counsel! The loss of Ron Mitchell, Paul Taddune, Jay Hammond, Alan Richman and others indicates irrespon- sible leadership and leaves the government without a knowledgeable management team to pursue the objectives of your campaign commit- ments and new goals. You are only acting in a self-serving manner! Under Mayor Stirlings tenure, there have been 3 city managers and Mayor Stirlings voting record on the Institute and Hadid Holdings has been a consistent "NO". People's Rights Organization wishes to have the council fully understand the complicity of these actions. We wish to relieve Mr. Bill Tuite of any involvement. He has been an objective, thoughtful councilman. We want this letter put in the official minutes of this meeting of August 28, 1989, and to say lastly, that copies will be sent to all newspapers in Colorado as well as to the STATE BONDING COMMISSION. Mary F. Martin, Chairman" 2 Regular Meeting Aspen City Council Auaust 28, 1989 4. Mark Kirkland, Aspen Concerned Citizens Coalition, said recently the coalition determined and prioritized issues of concern to the community. Kirkland said the Coalition has asked for a meeting with Council to exchange information. Kirkland presented a petition requesting Council strike from the agenda any considera- tion of banning the sale of ivory. City Clerk Kathryn Koch said this has been scheduled as a public hearing and Council must open that public hearing. 5. Phoebe Ryerson announced the formation of the Rocky Mountain Academic Consortium, which has been established for academic degrees in the valley. 6. A representative of NW Colorado Council of Governments told Council they were supposed to be on the agenda for a report to Council. Mayor Stirling requested this be scheduled for the September 11th agenda as one of the first items. COUNCILMEMBER COMMENTS 1. Mayor Stirling moved to nominate June Kirkwood to the HPC; seconded by Councilman Peters. All in favor, motion carried. 2. Mayor Stirling said at the work session on the geographic information survey, Council informally appropriated $30,000. Deputy City Manager Ron Mitchell said this will be on the September 11th agenda for formal action. 3. Mayor Stirling said in the city manager's memorandum, he states Council needs to allow RFTA to relocate the drainage ditch and bike path on the Marolt property. Councilman Tuite said RFTA may not be going ahead with this project this year, depending on the bids that are received. Mayor Stirling moved to relocate the drainage ditch and bike path on the Marolt property in order to allow the HOV to be completed; seconded by Councilman Tuite. All in favor, motion carried. 4. Mayor Stirling moved to put the Environmental Research Group's, Resolution #32, Series of 1989, on the consent agenda; seconded by Councilman Peters. All in favor, motion carried. 5. Mayor Stirling moved to appoint Frank Peters as the Council representative to the Ruedi Water Commission; seconded by Council- man Crockett. All in favor, motion carried. 6. Mayor Stirling said Tibetan monks in Aspen for the Windstar Choices seminar did an artistic work in sand. Mayor Stirling said the monks put the sand in three jars, one of which was given to the 3 Regular Meeting Aspen City Council August 28, 1989 city and the people of the Roaring Fork Valley. Mayor Stirling said this sand is to be melded with the closest body of water. Councilman Peters asked if he could have some sand for the waters of Woody Creek. Mayor Stirling said he will find out what is procedurally correct. 7. Mayor Stirling moved to continue the meeting to an executive session at 8 a.m. August 29, 1989, to continue the dialogue and discussion with the city manager Bob Anderson; seconded by Councilman Crockett. Mayor Stirling said there have been no firings and no resignations. Council is discussing the relation- ship of Council with the manager. All in favor, motion carried. 8. Mayor Stirling reminded Council the moratorium on demolition will end September 12th. Mayor Stirling said it is important that Council discusses where to proceed with this on the September 11th agenda. 9. Councilman Peters congratulated the county commissioners on their first step towards a deal with the EPA. 10. Councilman Peters said the city and county hired special consultants to research scattered site affordable housing. These consultants have been working diligently to assemble target properties and have been looking at properties that could be converted to affordable housing. Councilman Peters said the city attorney suggested their research might help the planning office compile data which might help provide a plan for a demolition ordinance or the development of the affordable housing zone district. Councilman Peters said there has been a case in the state of New York which has complicated requiring replacement of demolished units. Councilman Peters asked Council to expand the scope of work of Glenn Horn and Chuck Vidal to include an assess- ment of how demolition relates to this case in New York. Councilman Peters moved to expand the scope of the consultants work's to include an appraisal of the takings measure, to act in consultation with the city attorney and to report no later than September 11 with an update of their findings, with a focus on the expiration of the moratorium and to allocate an amount not to exceed $10,000 for these efforts; seconded by Councilman Crockett. Councilman Tuite said he has not seen a report on the first phase of the consultant's work. Sandy Stuller, city attorney, said the purpose is to work with these consultants to document need and rate of return rationale for future legislation. Ms. Stuller said this takes an understanding of the costs of development, the costs of replacement, the cost of construction to support some of the legislation in the face of takings claims. Ms. Stuller said she sees this as a long range data base project. Councilman Peters 4 Regular Meeting Aspen City Council August 28, 1989 said this would be footwork the planning office would do if they had the staff. Councilman Peters said cash-in-lieu cannot be used to pay for this work. All in favor, motion carried. 11. Councilman Peters congratulated Jim Considine on a great EIS presentation. Councilman Peters said he looks forward to the implementation of this project and feels it will be money well spent. 12. Councilman Peters said he feels that the somewhat secret talks between the Ski Company and the Department of Wildlife were inappropriate. Councilman Peters said Burnt Mountain is an issue of importance to everyone and will have growth impacts. 13. Councilman Crockett brought up a Council representative to the HPC. Roxanne Eflin, planning office, said she has discussed ways to create better communication between the boards and Council. The HPC feels it would be good to have a liaison with Council and P & Z . Mayor Stirling suggested Council meet with HPC over the mission and goals statement in the next month. 14. Councilman Crockett thanked Bob Anderson for getting the city vehicles down to the state auto emission testing. 15. Councilman Crockett said he has been getting some positive phone calls, compliments to the building, parks and planning departments. 16. Deputy City Manager Ron Mitchell removed VIII(f) Housing Essential Community Personnel, which will be on the September 11th agenda; IX(f) Landscaping/sidewalks in public right-of-way should also be removed. Mayor Stirling said VIII(h) Incentives Upgrading Fireplaces will be rescheduled. 17. Deputy City Manager Ron Mitchell requested that VIII(d) Sheehan condemnation be handled in executive session. Councilman Crockett moved to have an executive session on this issue; seconded by Councilman Peters. Mitchell said this issue is currently in litigation and it would compromise the city's position to discuss this in open session. Councilmembers Crockett and Peters in favor; Councilmembers Gassman, Tuite and Mayor Stirling opposed. Motion NOT carried. 18. Deputy City Manager Ron Mitchell said the city has been receiving calls about the Smuggler Avenue curbing. Mitchell said Council needs to make a decision on whether they want the curb left 5 Regular Meeting Aspen City Council August 28, 1989 there so the staff can go and put in asphalt. Mayor Stirling said it is already poured and he is not enthusiastic about pulling it out. Council agreed. 19. Deputy City Manager Ron Mitchell said as part of the serial tax levy, there is a project on south Original street from Ute avenue to Durant which requires asphalting and curb and gutter. Mitchell said he wants to make sure Council is aware of this project. Mayor Stirling said he would have preferred not to do any more curb and gutter project until Council had decided what to do city wide. Elyse Elliott, engineering department, told Council curb and gutter is the only way to channel the water in this area. Mayor Stirling moved to ask the city engineer to check with Elam to see if this work can be scheduled after September 11 so Council can discuss it on the next agenda; seconded by Councilman Crockett. Councilman Gassman said he does not feel Council should spend every Council meeting discussing every curb and gutter in Aspen. Mitchell said it is not realistic to expect staff to present a city-wide policy by September 11th. Councilman Tuite said there are severe flooding problems in this area, and the curb and gutter is appropriate. All in favor, with the exception of Councilmembers Tuite and Gassman. Motion carried. CONSENT AGENDA Councilman Gassman moved to approve the consent calendar as amended; seconded by Councilman Tuite. Councilman Crockett said the Little Nell hotel has encroached through an architectural oversight into the community. Councilman Crockett asked if they plan to compensate the community for this encroachment and suggested a free day in the spring for this encroachment. The consent agenda is: A. 1989 Personnel Policies & Procedures Manual B. Liquor License Transfer - Max's Deli C. Request for Block party - Smuggler Land Office D. Little Nell Hotel Encroachment E. Liquor License Renewals - Steak House, Aspen Grove, Carl's F. Minutes - August 14, 17, 1989 G. Special Event Permit - Aspen Filmfest H. Resolution #32, 1989 - Supporting Revegetation and Reclamation of Highway 82 6 Regular Meeting Aspen City Council Auaust 28, 1989 All in favor, motion carried. ORDINANCE #52, SERIES OF 1989 - Annexing 0015 Harbour Lane Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #52, Series of 1989, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Tuite, yes; Gassman, yes; Peters, yes; Crockett, yes; Mayor Stirling, yes. Motion carried. RESOLUTION #26, 1989 - Setting Aside Unallocated Residential Units from 1988 GMP Quota Alan Richman, planning office, told Council the decision is whether or not to carry over unallocated allotments from 1988. Richman said generally Council in the past has not carried over allotments . Richman told Council there are two residential applications for this quota, but they must also go through final subdivision before the allotments are given. Richman said P & Z has recommended in favor of setting aside the 14 units for affordable housing. Richman said Council has the alternative to not carry this quota over. Mayor Stirling opened the public hearing. Mac Cunningham said he feels the community needs to be long term planning. Cutting allocations off at an arbitrary date is missing the point of long term planning. Economic conditions change from year to year. Cunningham said the city needs to look at a continuum rather than an annualized determination. Cunningham said it is not realistic to automatically eliminate any allocations. Cunningham said the city has to go and take allocations from the future for projects in the past. Mayor Stirling said these units are not being eliminated but are being set aside for affordable housing. Cunningham said this action reduces flexibility. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Resolution #26, Series of 1989; seconded by Councilman Crockett. Councilman Tuite said he would rather eliminate this quota and if quota is needed for affordable housing, make an allocation for that. Councilman Tuite said this action is borrowing from the past. Councilman Peters said it should be clarified that this accounting procedure in no way encumbers the production of affordable housing. This is a way to account for the growth that affordable housing represents, which has impacts. 7 Regular Meeting Aspen City Council August 28, 1989 All in favor, with the exception of Councilman Tuite. Motion carried. RESOLUTION #27, 1989 - Eliminating the Unallocated Commercial Allotments from the 1989 GMP Quota Mayor Stirling opened the public hearing. Alan Richman, planning office, said there has been substantial growth in the commercial sector over the last year. Richman said there was the conversion of the Elisha house, conversion of log cabin on Main street, expansion of the Aspen Hardware store, the cottages next to the Miner' s building, and the addition on Gracy' s, which add up to 15,000 square feet of commercial space. These are all exempt from the competition. There are two projects which received allotments for this year. Richman said by waiting on this action, staff has had a chance to look at all the construction in 1989. Richman said there appear to be some large projects that will be exempt in 1989. If Council chooses not to carry over the 8500 square feet, there will be little commercial quota available. Richman reminded Council a minimum of 30 percent, or 2400 square feet, will be available. Richman said there is potential carry over of 7,000 square feet in the NC/SCI and 6,000 square feet available in 1989. Richman said there is 2600 square feet to carry over in the office district. The Gracy's and Elisha project will draw down the available quota in this district. If Council chooses not to carry over the quota, there will be 1200 square feet available in 1989. Richman said he does not feel this will be a hardship. Richman said he does not see any reason to carry over the quota in the CL and other zone. Richman recommended Council not carry over this quota. Commercial activity generates jobs which generate the need for affordable housing. Dennis Green, representing Steve and Lily Ko, opposed the resolu- tion. Green said this action would effectively eliminate his clients proposed mixed office and residential project on Main street. Green said the proposed project would have 2500 square feet for office and housing for 7 employees. Green said allowing exemptions to eat up the quota eliminates projects which compete within the rules and which provide employee housing. Richman said his office contacted this applicant and was told this action would not wipe out the project. Richman said his information must have been incorrect. Richman told Council the applicant has not yet received a favorable recommendation from HPC, and if they do not get a favorable recommendation by September 15th, the application 8 Regular Meeting Aspen City Council August 28, 1989 cannot be submitted. Richman said the staff's recommendation is it is unwise to carry over the 2600 square feet given the activity in the office district. Green said his applicant should be given a chance to go forward. They are going to provide a substantial amount of employee housing. Richman said if Council wants to make the 2600 square feet in the office district available, they could change that action in the resolution to be a carry over. Richman said September 15th is the deadline for applications and applicants should know what's available. Mac Cunningham said the ability to provide affordable services is falling between the cracks. Cunningham said unless all growth in the upper valley is eliminated, there is always going to be the need for office space. Council has recently reduced the quotas in the city; tied into that is the requirement to provide all additional housing impacts on site. Cunningham said by eliminating past quota, the city is shutting the door on options in the future. Bil Dunaway said he feels it is time to change the policy so that everyone provides 1:1 housing, rather than 60 percent. Mayor Stirling closed the public hearing. Councilman Peters moved to approve Resolution #27, Series of 1989; seconded by Councilman Crockett. Councilman Crockett said he feels the pie is getting bigger and the community cannot take care of the problems that have been created already. All in favor, motion carried. ORDINANCE #45, SERIES OF 1989 - Banning the Sale of Ivory Jim True gave Council a modified ordinance and told Council the goal is not to damage any businesses but to protect elephants. True said the modified ordinance makes it unlawful to sell ivory taken in contravention to federal legislation and requires shop owners to certify by affidavit any ivory they do sell was not taken in violation of federal legislation. True said this was a compromise proposal and is designed to minimize impacts on local businesses. Bonnie Bishop said Aspen is the hometown of the Friends of Africa and they would like to see Aspen set a precedent for saving the elephants. Mayor Stirling opened the public hearing. Lowell Nelson said he is opposed to the ordinance. Nelson said this is an emotional issue. The authorities are still out on whether a ban would be effective. Nelson said this issue is being 9 Regular Meeting Aspen City Council August 28, 1989 addressed on a federal level. Some countries in Africa are opposing the ban because they are doing a good job in managing their elephant herd. Nelson said the city has more pressing problems. Sirous questioned whether banning ivory would create more urge for people to buy ivory. Sirous asked whether this is a symbolic point or is it an enforceable ordinance. Mark Kirkland said the federal government is going to ban importa- tion of ivory into the country. This ordinance may be moot. Kirkland questioned Council taking the time for this ordinance when there are serious local problems. Mary Martin said it is not in the purview of this Council to address problems that are out of line in the context of government. Alan Bush said Council has many, many local issues they have to deal with. Bush suggested Council send a letter to the federal government supporting the ban on importation of ivory. True said if the government lists the African elephant as en- dangered, Aspen has an endangered species ordinance and can seize the ivory. True said communities have to address the market of ivory or the ban of import will not be successful. True said this ordinance has the support of the Kenyan government and the World Wildlife Fund. True said the United States is a law of nations and does pass laws which limit rights. True said this is an oppor- tunity for the city to do something that is important. George Latham questioned the fact of Council spending time on this issue. Kirkland said he is concerned that Aspen is going to become extinct. Kirkland said the Council is elected to solve the local problems. Toni Whaley said this is not a labor intensive issue and is an issue that local governments can address. Ms. Whaley said this does not detract from local issues. George Latham asked how the amended ordinance would be enforced; there is already enough paper work required in business. True said the amended version requires a retailer to testify by affidavit that the ivory is not taken in contravention to the 3 federal legislations. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #45, on second reading as amended in Section 1 items (b) and (c) which relates to resale of ivory and provision of affidavits; seconded by Mayor Stirling. Councilman Crockett said if there is a group in the community that feels strongly enough about this to take it to an election and let the community decide. Mayor Stirling said the Council's goals statement said one mission is to be more sensitive to nature, animals and each other. Mayor Stirling said the price of ivory is rising; people are giving up farming to go to poaching. Mayor 10 Regular Meeting Aspen Citv Council August 28, 1989 Stirling said this is a great opportunity for Aspen to speak globally by acting locally. Councilman Gassman said he does not buy the argument that Council cannot think about things outside their own sphere. Councilman Gassman said this is a symbolic act; Aspen's recognition is something can be sold or used to market things. Councilman Gassman said he does not have a vision of Aspen as acting to market things . Councilman Gassman said it is hard for him to say that what Aspen should be doing as a community is taking on divisive controversial issues that the community can affect only symbolically when there are other difficult issues that the Council can actually do something about. Councilman Tuite said this is a moral issue, and when some body legislates a moral issue it is divisive. Councilman Tuite said if the Council is going to legislate morality, they should do it in their own sphere first. Councilman Crockett said he supports this as a goal, the question is when. There are other issues that are more important right now. Councilman Peters said this is a global issue, but more and more the global issues are going to come out of communities. Roll call vote; Councilmembers Crockett, no; Gassman, no; Peters, yes; Tuite, no; Mayor Stirling, yes. Motion NOT carried. PARKING STRUCTURE UPDATE AND USE OF RIO GRANDE BALL FIELD Deputy City Manager Ron Mitchell told Council staff hired another water consultant to confirm the information Council was given from Chen and Associated and to reassure that the city was headed in the right direction on how to permanently dewater the site. Mitchell said Thompson confirmed Chen's findings about the potential for dewatering; that this is above the cut off point where the city could pump the water up and pipe it into the storm drainage. The recommendation is to dewater the site with a gravity drain system. Mitchell said the city has been told that in order to meet the accelerated scheduled and have the parking structure open by February 15th and to have the backfill done, the installation of the permanent dewatering system needs to begin immediately, tomorrow morning. Mitchell said the contractors need to start construction from the Roaring Fork and work south. This will entail scraping the ballfield where the trenching is necessary. Mitchell said this work will have a dramatic effect on the volleyball tournament and the Ruggerfest. Mitchell said there are some alternate sites for these events; however, they are not as convenient as the Rio Grande. Mitchell said if the work on the 11 Regular Meeting Aspen City Council August 28, 1989 ballfield is postponed until after these events, there is no way the work can be done in time to get the garage open in February. Tim, PCL, said there have been a lot of problems with this site and to get the parking structure open there can be no more delays . Tim said if this work is postponed, the garage will not open until July 15th. Tim said PCL has assumed the risk with the new change order, and they cannot assume the risk unless this trenching work is started tomorrow. Councilman Gassman said the cost of this project is going up, for the cost per parking space the city could build apartments. Councilman Gassman said the city should pull back and take a serious look at what they are doing. Mitchell said a different design will require the library to redesign, which will have a cost impact on them. There would be a significant cost impact in stopping the project right now. Councilman Gassman said he is suggesting that the project might be cancelled entirely. Mitchell said the city has already issued $6,500,000 bonds with a guarantee to the purchasers of those bonds. The citizens voted on a 1/4 penny sales tax based on a parking structure being built. Councilman Crockett asked if there are alternatives to locate the rugby games and volleyball. Bill Efting, leisure services director, said one of the problems is transportation between places where games are played. Leon Fell said about 130 teams use the Rio Grande field. The Triathalon is using the Iselin parking area and this could cause congestion. Councilman Tuite suggested that RFTA could supply buses to transport the volleyball players. Mitchell said PCL is concerned, if this is put off, that they will not be able to finish the drainage before the freeze starts. It will also cost money to shut the job down and start up again in April . Mayor Stirling asked if there is a possibility for an incremental approach to the trenching project in order to accommodate the volleyball and rugby games. Councilman Peters said the city has spent $1, 500, 000 already on the parking garage. Councilman Peters said the voters clearly said they wanted a parking garage. It doesn't seem that the Council can go back on this project now. Councilman Peters encouraged the sports festival to help the city make adjustments. This is an unforseen complication the city is trying to deal with. Bob Gish, city engineer, said the city is trying to minimize their total costs. This means to take the risk away from the city and put it on the contractor. Louie, PCL, told Council they have to have the dewatering system in before the precast work starts. If this is delayed more, the work would be pushed back into November. Louie said all this work ties together. 12 Regular Meeting Ashen Citv Council August 28, 1989 Councilman Peters moved to instruct PCL and RNL to proceed as soon as possible with the installation of dewatering system and the drainage pipe and to ask RFTA to do everything they can to serve the disruption for volleyball and Ruggerfest; seconded by Council- man Tuite. Councilman Crockett asked what the risks are and what the cost is to volleyball and ruggerfest; how much is the city willing to invest to have those activities to take place. Mitchell said Council's direction at the last meeting was to find cost savings within the proposal and accelerate the construction schedule to have the parking garage open by February 15th. Mitchell said it would take two weeks to figure out the costs of closing the job down. Mitchell said it would cost in the hundreds of thousands range to stop this job. There is also a cost to the city to return the interest money from the bonds. Louie said there may be a possibility of having the field put back together by having the utility contractor work around the clock, starting tomorrow. Louie said they cannot wait to start this project until after the Ruggerfest . Mitchell said the project wil l require the storage of dirt and the field will probably not be put back into the shape that the rugby players are used to and would be dangerous to play on. Councilmembers Peters, Tuite, Crockett in favor; Councilman Gassman and Mayor Stirling opposed. Motion carried. MEADOWS MASTER PLAN BUDGET Councilman Gassman moved to approve the proposed budget of $45,000 including Bill Kane not to exceed $20,000; seconded by Councilman Peters. All in favor, motion carried. Mayor Stirling moved to waive the standard procedure for consultant search; seconded by Councilman Peters. All in favor, motion carried. PARKING STRUCTURE COST SAVINGS ITEMS Deputy City Manager Ron Mitchell asked that Council confirm or not the items that have been eliminated. Bob Gish said the cost savings to delete the standby portable sump pump for $14,500 is no problem; this can be purchased later on. Number 2 is remove the east half of Spring street extension for $50,000. Number 3 is eliminate 35 Norway maple trees along Spring street at $10,800. Number 4 is eliminate 13 pine trees along Spring street. Item 5 is delete background paint in garage; the walls will be left concrete. This saves $25,000 and also eliminates future main- tenance. Item 6 is delete brick pavers and substitute colored 13 Regular Meetinci Aspen City Council August 28, 1989 concrete at a $30,000 savings. Item 7 is delete brick and substitute CMU for a savings of $14,000. Item 8 is delete street furniture. Gish said there are people who would donate benches. Gish said there is an additional $20,000 in deleting the parking entry equipment and let the operate provide that. Council agreed to delete #1, #2, leave in #3 and #4, delete #5, leave in #6 and #7, delete #8. Council agreed to have the operator provide the control equipment. Deputy City Manager Ron Mitchell said item #9 is to eliminate the employee housing impact fees because of the contract with the ARA who will not be generating new employees. The other two employees will depend on budget and Council's decision whether or not to hire two additional traffic control officers. Mayor Stirling moved to delete #9. Motion DIES for lack of a second. Council requested staff come back with more information on this. Mitchell said businesses along Spring street thought they would have an improved frontage and they will not have that. This can be addressed later. ALLEY EXTENSION BLOCK 8 Deputy City Manager Ron Mitchell recommended this action be incorporated into the Meadows study to see if this has an impact on the traffic patterns. The engineering department recommends the alley be extended but that this should be looked at as part of the master plan. Chuck Brandt said block 8 is bounded by Smuggler street on the south, Seventh street on the east, Eighth street on the west and North avenue, which is unopened. Brandt said the unopened portion of the alley is approximately 30 feet. Brandt told Council the reason for this request is that 7 homes out of 10 request to open the alley and have it paved. Brandt pointed out two of the homes on the north have this as the only access to their homes. Brandt said there are two homeowners who support the opening of the alley if it is not paved. One owner, the Colgates, does not support the opening at all. Brandt said there is a snow plow issue and a health safety issue. There is a letter from the fire marshal supporting the request to open the alley. Brandt said he contacted Bill Kane who reported they are looking at Seventh and Eighth streets; opening up the alley is not a concern to the Meadows study. Paul Taddune, representing the Colgates, expressed their opposition to changing the status quo, inviting more automobiles, taking down trees and extending the alley. 14 Regular Meeting Aspen Citv Council August 28, 1989 Charlie Marqusse, adjacent property owner, said he does not anticipate any more traffic by opening this alley. John Doremus told Council he has 1 ived on the alley 12 years and has watched the hazards that develop because the snow plows cannot do a good job. The snow has to be hauled out of the alley by private contractors. Doremus said they want this alley paved because it is access for two of the homeowners. Jim Gibbard, engineering department, told Council the cost would be about $20, 000 more if the alley is paved. Staff is not recommending that this alley be paved as there will not be better access or better fire protection. Kevin McCloud, representing the owners of lots R and S on the south side, said this will hinder his client by having a road on three sides. McCloud said it may be better to have North street extended. Sheryl Alway said it is unfair to not extend North street and to pave the alley. Mayor Stirling said the issue of opening North street is more connected with the Meadows plan. Mayor Stirling said he hates losing the trees. Mayor Stirling moved to direct the city engineer to proceed with opening the alley in block 8 in the fall of 1989; seconded by Councilman Peters. Doremus said there are two culverts that cross the alley and only half of the alley can be used. Mayor Stirling asked that this be coordinated with the engineering department. Councilman Gassman said this does not seem fair when the two people most directly affected by this are opposed to it. Taddune said his clients opposition is to inviting automobiles, taking down trees and changing the status quo. Councilman Gassman agreed this is accommodating one group of people at someone else's expense. Councilman Peters said there is a greater number of people who want this alley open, and the fire marshal is recommending the alley be opened. All in favor, with the exception of Councilman Gassman. Motion carried. Mayor Stirling moved to suspend the rules and meet for 45 more minutes; seconded by Councilman Peters. All in favor, with the exception of Councilman Gassman. Motion carried. MAROLT BARN LEASE Deputy City Manager Ron Mitchell said the outstanding issue is the liquidated damages, which is a policy decision of Council. Rick Newton, representing the Historical Society, reminded Council last time this was discussed Council directed them to come up with a figure for liquidated damages. Newton said they have talked to experts in the field of fund raising. Newton said he submitted 15 Regular Meeting Aspen City Council August 28, 1989 letters to Council from two of these fund raisers. Newton said a long lease of at least 75 years will impact the fund raisers efforts, and a two year cancellation clause will make fund raising virtually impossible. Newton said the historical society feels they will not be able to raise money with a two year lease . Newton said there is a clause in the lease that outlines specific performance on the lessees part. Newton said if the lessee does not perform, that is a cause for Council to make the lease void. Newton said the citizens voted in favor of a long term lease for the building of a ranching museum on this site. Councilman Tuite moved to approve the lease deleting paragraph 28; seconded by Councilman Peters. Councilman Peters said the city retains the powers of condemnation if they feel what is being done on the property is contrary to public interests. All in favor, motion carried. SHEEHAN CONDEMNATION Gary Esary, city's special counsel, said this litigation is in abeyance and has been since the 1988. Esary said the city has 3 alternatives; they can go forward, dismiss it, or settle the case somehow. Esary said the city owns the Sheehan interest. Esary said the city has the authority to take the upper trail alignment, the lower alignment, or both. Esary said the issues are cost and time effectiveness. Councilman Peters asked what the friendly condemnation has cost the city exclusive of legal fees. Esary told Council Sheehan was willing to accept a $4,000 payment and the remainder as a donation. Esary said this was appraised as high as $20,000. Councilman Crockett asked if the city drops this, can they pick the condemnation up later. Esary said the city cannot use this easement until they dispose of Gramiger's interest. Councilman Peters asked if Gramiger is involved in this condemnation. Esary told Council Gramiger sold the original property to Sheehan and put in the deed a restrictive covenant that purported to prevent Sheehan from deeding the property to the city as part of a trail easement. Esary said there is only one way for the city to determine what Gramiger's interest is and that is to go through a procedure approved by the courts. Esary said he does not feel Gramiger's interest is worth much; however, it is enough that the city has to give him dues process through the courts. Esary said he feels Gramiger may be worried about the effect of the trail and precedental value on his property. Esary said the city may enter into a stipulation where Gramiger drops his objection to 16 Regular Meeting Aspen City Council August 28, 1989 the Sheehan easement so the city can take possession of it and the city agrees not to use anything in the litigation as a precedent in the actual Gramiger taking. Hans Gramiger gave Council a prepared memorandum and resolution. Gramiger said Council wants to spend public money where it does the most good for the most people. Gramiger said the Marolt bridge as a pedestrian link is more important than when it was first perceived. Gramiger said Council needs to make a decision where they want the trail located. Al Blomquist said the creation of the Sheehan parcel is a sub- division. The trail on the Sheehan property was acquired pursuant to the master plan for trails. Condemnation was used because of the provision in the deed to Sheehan. Blomquist said one issue is whether the seller of the land to Sheehan retains any rights with respect to the easement. Blomquist said the question is whether a property owner can require of the buyer that he not obey the rules of subdivision and the rights of the city to acquire easements. Gramiger said the Council has to make a decision whether Hopkins street trail is more functional for what they envision and if it matches their declaration of goals or is Council stuck with an earlier decision. Les Kaplan questioned proceeding with the upper trail which is expensive and serves a select group of people. Councilman Crockett moved to direct special counsel to proceed with alternative #3 (settle the litigation) as outlined in his memoran- dum; seconded by Councilman Tuite. Councilman Crockett said Council has the opportunity to settle something at the least possible cost and risk and which will serve the greatest number of people. Councilman Crockett said this will give Esary a chance to settle this without going to court. Esary said this alternative disadvantages Kaplan because it leaves open the possibility for an upper trail and a lower trail. Esary said he suggested alternative 3 if Council is not ready to decide on which trail they want to pursue. Esary said this proposal is that Gramiger withdraws his objection to the condemnation and they agree not to use the Sheehan condemnation as a precedent in future condemnations. Gramiger said he is only interested in solving this so the city has a trail this year. Councilman Crockett suggested Gramiger and Esary try to work this out and the Council will address where the trail goes when they get to it. Kaplan said if the Council does not have a clear vision of where they want the trail to go, they should not be proceeding with condemnations. Councilman Peters suggested an amendment to the motion that if this is not settled in a timely fashion, that the city goes to alternative #1. All in favor, motion carried. 17 Regular Meeting Aspen City Council August 28, 1989 REQUEST FOR BUDGET - Marolt Ranch Project Jim Adamski, housing office, requested an allocation of $284,656 for the Marolt housing project. Adamski said they can speed the project up by getting on contractor on board quickly. The allocations to date have been $70,000 for a total of $354,000. Adamski said these funds will cover expenses until January 1990. Adamski said this has been put on a fast track basis because the M.A.A. is losing about 175 units this year. Harry Truscott, housing authority board, told Council there will be 50 combined one bedroom units. Each unit will be able to sleep two people with a common area or sleep 4 people. Truscott said the housing authority plans to operate this project on a seasonal basis. Truscott said the housing office has been working with a task force on this project . The construction costs of this project are estimated at $80 per square foot for a total of $4,500,000. They plan on issuing bonds for $5,300,000. Truscott said they are investigating a general obligation bond at 7-3/4 percent; general partnership at 8.5 to 10.5 percent; or mortgage revenue bonds at about 8.5 percent. Truscott said the housing authority will need a decision from Council about financing in the next month. Councilman Peters pointed out there is no commitment from the M.A.A. to stay in Aspen and to use this project. Councilman Tuite said this would then be a feasible year round project. Truscott said the rents for a 1, 000 square foot combined unit would be about $780 per month. Councilman Peters said he would like to see bond counsel's opinion on how these bonds will be sold. Adamski said this money will be reimbursed to cash-in-lieu through the bonds. Mayor Stirling moved to allocate $284,000 from the city's payment- in-lieu funds for the Marolt Ranch project; seconded by Councilman Peters. All in favor, motion carried. Mayor Stirling moved to suspend the rules and meet for 20 more minutes; seconded by Councilman Peters. All in favor, with the exception of Councilman Gassman. Motion carried. ASBESTOS REMOVAL - City Shop Councilman Crockett moved to authorize the public works director to have the asbestos removed from the city shop building as soon as possible and this authorization shall not exceed $237,000; seconded by Councilman Gassman. Bob Gish, city engineer, told Council they have received two proposals. There are 3 possible methods; encapsulment, enclosure and removal. Gish said one proposal looked at encapsulating part 18 Regular Meeting Aspen City Council August 28, 1989 of it; the other proposal looked at removing it entirely. Gish said total removal is $249,000 from a third bid. Gish recommended Council allow staff to evaluate the proposals and to have the asbestos removed. Gish is it will cost $237,000 if the ceiling is left in an the asbestos is encapsulated. If the ceiling has to come down, the top number will be $249,000. Gish requested that the budget be $249,000. Councilman Tuite said he does not favor encapsulating. Tom Dunlop, environmental health department, recommended the roof be taken out, the sheet rock be taken out and the insulation be taken out. Councilman Crockett withdrew his motion. Councilman Peters moved to allow staff to spend a maximum $249,484 to remove the asbestos to the satisfaction of the environmental health department; seconded by Councilman Crockett. All in favor, motion carried. ORDINANCE #54, SERIES OF 1989 - No Burn on High Pollution Days Mayor Stirling moved to read Ordinance #54, Series of 1989; seconded by Councilman Crockett. All in favor, motion carried. ORDINANCE #54 (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 Tuite moved to adopt Ordinance #54, Series of 1989, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Tuite, yes; Gassman, no; Peters, yes; Crockett, yes Mayor Stirling, yes. Motion carried. ORDINANCE #55, SERIES OF 1989 - Historic Landmark Incentives Mayor Stirling moved to read Ordinance #55, Series of 1989; seconded by Councilman Tuite. All in favor, motion carried. ORDINANCE #55 (Series of 1989) AN ORDINANCE AMENDING SECTION 9-106 OF THE ASPEN LAND USE CODE, TO ALLOW PERMITTED AND CONDITIONAL USES FOR DESIGNATED LANDMARKS WHICH DO NOT MEET THE MINIMUM LOT AREA REQUIREMENTS OF THE ZONE DISTRICT was read by the city clerk 19 Reqular Meetinq Aspen City Council August 28, 1989 Mayor Stirling moved to adopt Ordinance #55, Series of 1989, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Peters, yes; Crockett, yes; Gassman, yes; Tuite, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #56, SERIES OF 1989 - Historic Designations Councilman Tuite moved to read Ordinance #56, Series of 1989; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #56 (Series of 1989) AN ORDINANCE DESIGNATION 309 EAST MAIN STREET, 315 EAST MAIN STREET, AND 706 WEST MAIN STREET, AS H, HISTORIC LANDMARK PURSUANT TO DIVISION, SECTION 7-701 OF THE LAND USE CODE was read by the city clerk Councilman Peters moved to adopt Ordinance ##56, Series of 1989, on first reading; seconded by Councilman Gassman. Roll call vote; Councilmembers Gassman, yes; Peters, yes; Tuite, yes; Crockett, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #53, SERIES OF 1989 - Appropriations Councilman Tuite moved to read Ordinance #53, Series of 1989; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #53 (Series of 1989) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $15,000; APPROPRIATING GENERAL FUND EXPENDITURES OF $369,050; RECLASSIFYING PREVIOUSLY APPROVED EXPENDITURE WITHIN THE GENERAL FUND OF $139,825; REDUCING GENERAL FUND EXPENDITURES OF $74,770; RECOGNIZING LAND FUND REVENUES OF $50,000; APPROPRIATING LAND FUND EXPENDITURES OF $122,000; APPROPRIATING WHEELER TRANSFER TAX FUND EXPENDITURES OF $850; RECOGNIZING PARKING IMPROVEMENT FUND REVENUES OF $140,000; REVERSING A TRANSFER OF $468,000 FROM THE PARKING IMPROVEMENT FUND TO THE 1989 SALES TAX REVENUE REFUNDING IMPROVEMENT FUND TO THE PARKING IMPROVEMENT CAPITAL PROJECT FUND; RECOGNIZING GRADUATED REAL ESTATE TRANSFER TAX FUND REVENUES OF $280,000; REDUCING 1989 SALES TAX REVENUES REFUNDING DEBT SERVICE UTILITY IMPROVEMENT DISTRICT NUMBER ONE DEBT SERVICE FUND EXPENDITURES OF $1,500; RECOGNIZING PARKING IMPROVEMENT CAPITAL PROJECT FUND REVENUES OF $300,000; APPROPRIATING PARKING IMPROVEMENT CAPITAL PROJECT FUND 20 Regular Meeting Aspen City Council August 28, 1989 EXPENDITURES OF $900,000; RECOGNIZING TRUSCOTT PLACE CAPITAL PROJECT FUND REVENUES OF $4,600,000; APPROPRIAT- ING TRUSCOTT PLACE CAPITAL PROJECT FUND EXPENDITURES OF $4,600,000; APPROPRIATING WATER FUND EXPENSES OF $1,130; APPROPRIATING ELECTRIC FUND EXPENSES OF $570; REVERSING A TRANSFER OF $74,770 FROM THE ELECTRIC FUND TO THE GENERAL FUND; TRANSFERRING $72,000 FROM THE ELECTRIC FUND TO THE LAND FUND; APPROPRIATING GOLF COURSE FUND EXPENSES OF $400; RECOGNIZING ICE GARDEN FUND REVENUES OF $14,625; APPROPRIATING ICE GARDEN FUND EXPENSES OF $8,380 was read by the city clerk Councilman Gassman moved to adopt Ordinance #53, Series of 1989, on first reading; seconded by Councilman Crockett. Roll call vote; Councilmembers Crockett, yes; Tuite, yes; Gassman, yes; Peters, yes; Mayor Stirling, yes. Motion carried. LOCAL PREFERENCE Councilman Crockett said he would like a more convincing analysis of this issue and whether or not there is a way to do this. Staff will return with more information. RESOLUTION #25, SERIES OF 1989 - Rocky Flats Closure Mayor Stirling said this a recommendation to the Governor to recommend closing Rocky Flats. Mayor Stirling said Rocky Flats emits radioactivity into the air, which spreads all over the state of Colorado. Mayor Stirling said he feels this is a clear and present danger. Mayor Stirling said another issue is whether it is appropriate for the state of Colorado to have an installation that is producing plutonium, which is one of the most toxic and long lived. Mayor Stirling moved to approve Resolution #25, Series of 1989; seconded by Councilman Tuite. All in favor, with the exception of Councilmembers Gassman and Crockett. Motion carried. Council left the meeting at 10:15 p.m. Kathryn S Koch, City Clerk 21