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HomeMy WebLinkAboutminutes.council.20100809Regular Meeting Aspen City Council Aueust 9, 2010 REPRESENTATIVE KATHLEEN CURRY ...................................... ............................... 2 CITIZEN PARTICIPATION ............................................................... ............................... 2 COUNCILMEMBER COMMENTS ................................................... ............................... 3 CONSENTCALENDAR .................................................................... ............................... 4 • Affirming Council Appointments ............................................ ............................... 4 • Resolution #60, 2010 — Contract Glenwood Ford — Vehicle Replacement............ 4 • Resolution #61, 2010 — Contract Snow Cat ............................. ............................... 4 • Resolution #63, 2010 — Lease Harbert Lumber 38005 Highway 82 ...................... 4 • Minutes — July 26, 2010 ........................................................... ............................... 4 RESOLUTION #59, 2010 — Construction Management Plan Amendment ....................... 4 RESOLUTION #62,2010 — Wheeler Cinema Services Agreement ... ............................... 5 ORDINANCES #20 AND 21, SERIES OF 2010 — Charter Amendment — Elections....... 5 ORDINANCE #15, SERIES OF 2010 — Castle Creek Energy Center Hydropower Plant 7 ORDINANCE #19, SERIES OF 2010 — Charter Amendment Defining Publication ...... 21 RESOLUTION #64, SERIES OF 2010 — Extending Given Institute Ordinance #48 Negotiation......................................................................................... ............................... 21 RESOLUTION #58, SERIES OF 2010 — Settlement Agreement Changes ..................... 21 RESOLUTION #57, SERIES OF 2010 — Ballot Question Charter Amendment Defining Publication......................................................................................... ............................... 22 RESOLUTION #65, SERIES OF 2010 — Appeal Administrative Decision Amendment to RioGrande SPA ................................................................................. ............................... 22 1 Regular Meeting Aspen City Council August 9, 2010 Mayor Ireland called the meeting to order at 5:00 p.m. with Councilmembers Torre, Skadron, Romero and Johnson present. REPRESENTATIVE KATHLEEN CURRY State Representative Kathleen Curry told Council the state's budget is the number one issue facing congress in 2011. The state will face a $500 million to $1 billion shortfall in 2011. Ms. Curry said in the 6 years she has been in the house, the budget has gone from $10 billion to $6.5 billion, and there are impacts to local government. Ms. Curry said K through 12 educations may face cuts. Ms. Curry told Council she has heard throughout her district that people realize it is either more taxes or cut services and they support fewer services. Ms. Curry said tourist funding is always on the list for cutting and when there is sufficient marketing money, there is a positive payback. It is a worthy investment. Ms. Curry told Council tax benefits for conservation easements are also on the list of possible cuts. CITIZEN PARTICIPATION 1. Dick Butera said the city needs to be looking at and cutting spending in light of the current economy. Butera said there is over $26,000 /adult of debt in Aspen. Butera said in 2007 there was a question on the ballot asking the citizens to approve a hydroelectric plant. Butera pointed out the city states over 70% of the voters approved the electric plant; however, only 13.8% of the electorate voted meaning only 9.6% of the electorate approved a $5.5 million bond issue. Butera said this facility will not be operational until 2012, which will add $1.4 million in interest to the project. Butera said the citizens were told this plant would contribute $300,000 /year to the city's electric fund; however, according to the city's spread sheets, the first positive year is 2026. Butera stated the public was not told the river would be lowered to 13.3 cfs. Butera said the river is barely a trickle at 58 cfs. Butera noted that over $2 million has been spent to put a pipe in the ground before any federal approvals were obtained. Butera said the pipe has to be connected to the dam and a permit is needed from the state to do that. Butera stated citizens have been told that the installation of the pipe is for the safety of the dam, which he has researched and the state agency reports this dam is very safe. Butera said the voters were told the total cost of the project is $6,197,000; however, with interest and delays it is $11 million to $12 million project. Butera pointed out 32% of the $6 million was for fees and permits. Butera stated the citizens were told this project would save 5,000 tons of carbon by the hydroelectric plant, which will not be the case, the coal plants will continue to operate. Butera said this project is going to harm Castle and Maroon creek, treasures of the community by taking 2/3 of the water as it runs through the creek. Butera stated this is a project of government out of control; Council can stop this project. Butera said junk and toilets for construction of this project have been sitting at the entrance to Aspen for over two months. 2 Regular Meeting Aspen City Council August 9, 2010 2. Houston Cowan, Challenge Aspen, thanked Council for the stimulus grant for the Challenge Aspen fund raiser. Cowan said the event was a success and thanked the parks department and golf course staff for their support. 3. Bill Wiener told Council he supports the concept of a new art museum and that it is privately funded; however, Council made an uninformed decision and relied on materials from the art museum that were misleading. Wiener said staff did not outline the negatives or other options. Wiener said Council should take the opportunity to do the right thing. 4. Val MacDonald asked that the resolution amending the construction management plan be taken off the consent calendar. Ms. Macdonald asked Council not to extend construction hours. 5. Si Coleman requested the Wheeler Cinema Services be taken off the consent calendar. 6. Toni Kronberg asked why the open space bond ordinance has been withdrawn. Mayor Ireland said the city does not need the money as the potential purchases have not materialized. COUNCILMEMBER COMMENTS 1. Councilman Romero reported last week there was a community forum at the Doerr Hosier and there was a dialog around engaging the community and how to elevate all levels of the community. Councilman Romero said there is a effort to formally organize and explore the ideas of second homeowners. Councilman Romero said he would like to know if Council would be willing to consider this idea further. Mayor Ireland agreed that would be valuable input; however, it is difficult to organize people who are not here full time. Council agreed they would be willing to consider this further. 2. Councilman Johnson said he went to the Art Aspen event at the ice garden and it is an amazing venue. It was a good idea to purchase flooring and to have revenue - producing events at the Ice Garden. 3. Councilman Skadron said he was running up Castle Peak and came across volunteers from Schmeuser, Gordon and Meyer working on the bridge. He thanked them for their volunteer effort. 4. Mayor Ireland said Ride for the Cure is August 21 the Race for the Cure was in July. These are both great events that support a worth cause. 5. Mayor Ireland said Aspen is applying to be a stop on the pro bike tour that will take place in Colorado next year. This would be a great opportunity for Aspen. Regular Meeting Aspen City Council August 9, 2010 6. Mayor Ireland again thanked everyone in the community who lent him support after his bicycle accident. 7. Staff requested Resolution #58, 2010, approving a conditional settlement, be added to action items and that an executive session be added at the end of the meeting. CONSENT CALENDAR Mayor Ireland moved to adopt the consent calendar as amended; seconded by Councilman Johnson. The consent calendar is: • Affirming Council Appointments Dwayne Romero — Mayor Pro Tem; Torre - NWCCOG • Resolution #60, 2010 —Contract Glenwood Ford —Vehicle Replacement Resolution #61.2010 — Contract Snow Cat • Resolution #63, 2010— Lease Harbert Lumber 38005 Highway 82 • Minutes —July 26, 2010 All in favor. motion carried. RESOLUTION #59, 2010 — Construction Management Plan Amendment Tricia Aragon, city engineer, reminded Council staff had a work session with them about construction hours and the amendment is to allow 24 hour interior work in the central residential area. The current hours are 7 AM to 5 PM with extension in the off season to 8 AM to 7 PM to help projects that are trying to complete before high season. Ms. Aragon noted there are provisions in the CMP that staff will review 24 hour requests on a case by case basis to determine whether they might pose a nuisance to the neighbors; if so, the activities will not be approved. Ms. Aragon told Council if neighbors complain about the noise, the contractor will no longer be able to work 24. Mayor Ireland suggested the resolution have a sunset so that Council can review complaints, how they have been resolved, to see what happens. Mayor Ireland moved to amend this CMP amendment to expire August 1, 2011, unless renewed by Council; seconded by Councilman Johnson. Councilman Torre asked about the notification process from contractors. Ms. Aragon noted the plan requires notification from contractors if they are going to work longer hours. Councilman Torre asked where 24 hour work will be allowed. Ms. Aragon said it is intended for the commercial residential area, not purely residential area. Councilman Johnson said the intent was for small businesses to fix up their interior spaces before the high season. Councilman Johnson said the plan should state an applicant must request Regular Meeting Aspen City Council August 9, 2010 approval from the engineering department before the do work. Councilman Romero requested staff give Council an information update at the end of November. Valerie MacDonald said she has an issue being classified as "commercial residential" when there are no bars or businesses in the area. Ms. MacDonald asked if the complaint data from the police department will be available. Ms. Aragon said her department coordinates with the police department and they will continue to do that. Ms. MacDonald requested the CMP be left the way it is. Mayor Ireland said if this is interior work, it should not be disturbing to the neighbors. Mayor Ireland said the remedy is to call the police if neighbors are being disturbed; however, if work inside cannot be heard, that should be allowed. Councilman Torre asked why the CRA overlaps into a purely residential area and suggested the boundaries could be tightened up. The goal was that downtown small business owners should have the ability to do effective, timely renovations. Ms. Aragon said the CRA contains residences and lodges, who may do renovations before high season. Mayor Ireland agreed staff could look at the boundaries. Councilman Skadron said this is a quality of life issue and this appears to put the onus on the residents for someone else's inappropriate action. Mayor Ireland said if this work can be done without disturbing anyone, it should be allowed. Councilman Johnson said any builder will have to go to engineering and get advance permission. Ms. Aragon said neighbors will be notified of activities within 300 feet. Ms. Aragon told Council if staff receives a complaint, the interior work will be stopped. Councilman Skadron said he feels this change may have an adverse affect by allowing activities that were not previously allowed. All in favor with the exception of Councilman Skadron, motion carried. RESOLUTION #62, 2010 — Wheeler Cinema Services Agreement Gram Slaton, Wheeler Opera House, told Council this contract is bid out every 3 years. There were 2 bidders and staff recommends the Wheeler Film Society be given the contract. Si Coleman said his concern is over any possible censorship of the films to be shown at the Wheeler. Slaton pointed out this was a concern 3 years ago and review of films to be shown by the Wheeler staff was deleted from the contract then and has not been put back in. Councilman Johnson moved to approve Resolution #62, Series of 2010; seconded by Councilman Torre. All in favor, motion carried. ORDINANCES #20 AND 21, SERIES OF 2010 — Charter Amendment — Elections Councilman Torre moved to read Ordinances #20 and 21, Series of 2010; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE NO. 20 Regular Meeting Aspen City Council August 9, 2010 (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE CITY CHARTER OF THE CITY OF ASPEN BY REPEALING SECTION 2.7 TO ELIMINATE INSTANT RUN -OFF VOTING PROCEDURES FOR THE ELECTION OF MAYOR AND MEMBERS OF COUNCIL; AND, TO RE- INSTATE THE JUNE RUN -OFF ELECTION PROCEDURES IF CANDIDATES FOR THE OFFICES OF CITY COUNCIL OR MAYOR FAIL TO RECEIVE FORTY PERCENT (40 %), OR MORE, OF THE VOTES CAST. ORDINANCE NO. 21 (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE CITY OF ASPEN HOME RULE CHARTER BY AMENDING SECTIONS 2.7, 3.2, AND 3.3, TO ELIMINATE ALL RUN -OFF PROCEDURES FOR THE OFFICES OF MEMBER OF COUNCIL AND MAYOR. Mayor Ireland said this is to give the voters a choice of two alternatives to IRV, a runoff if no candidates received 40% of the vote and "winner take all ". Mayor Ireland said votes can vote for either or both of these Charter amendments. Mayor Ireland noted the reason there is not a question about eliminating IRV is that if all 3 questions were NO, there would be no way to elect Council and Mayor. The voters cannot get rid of the current system without an alternative. The question with the highest number of votes as long as it is a majority; it will supersede the current system. Mayor Ireland noted that the city asked an advisory question in November about replacing IRV and the difference was 7 votes; 50.015% voted to replace IRV and 49.985% voted not to replace IRV. Mayor Ireland said his only concern is not to create a situation with no election system. City Attorney, John Worcester, pointed out Ordinance #20 needs to be amended under section 3.3 to add a second paragraph as is in Ordinance #21. Mayor Ireland moved to adopt Ordinance #20, Series of 2010, as amended; seconded by Councilman Romero. Roll call vote; Skadron, yes; Torre, yes; Johnson, yes; Romero, yes; Mayor Ireland, yes. Motion carried. Councilman Romero moved to adopt Ordinance #21, Series of 2010; seconded by Councilman Johnson. Councilman Torre stated he will support this on first reading; however, he does not believe in the winner take all system in one round. Councilman Torre said he is opposed to the instant runoff voting. Councilman Torre said he feels two questions will muddy the waters for the voters. Mayor Ireland agreed this system of voting does open the opportunity for fringe candidates to get elected; however, the voters should be given the chance to vote on how to vote. Regular Meeting Aspen City Council August 9, 2010 Worcester said he will present the actual ballot language at the next meeting and will include language to the electorate on what voting for one or both will mean. At a work session, Council looked at 6 alternatives for Charter amendments and directed the city attorney's office to draft Charter amendments on these two of the alternatives. Marilyn Marks said she thought there would be a public process on different types of voting methods being vetted by citizens. Ms. Marks said the ordinance as written closes the ballot box immediately after the election and does not allow for audits and recounts and does not discuss the canvass process. Ms. Marks said she would like to see the ordinance amended to be more transparent. Ms. Marks told Council she is going around the state to examine ballots in the primary election. Ms. Marks said the charter amendment for a runoff specifies a requirement to receive 40% of the votes cast and she supports going back to a 50 %. Mayor Ireland pointed out the previous requirement was 50% for Mayoral candidates and 45% for Council candidates. Roll call vote; Johnson, yes; Romero, yes; Torre, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE 415, SERIES OF 2010 — Castle Creek Energy Center Hydropower Plant Mayor Ireland noted Council has received Exhibit N containing letters from Steve Child in support; Ruthie Brown in support; Betsy Starodoj opposed; Pietro Danieli and Carol Hill opposed; Ed Zasacky, opposed; Ed Wachs, opposed; Bob Rafelson, opposed. Sara Adams, community development department, told Council this review is for a proposed hydropower plant to be constructed adjacent to the historic city shop building, accessed off Power Plant road. A site visit was conducted today attended by Mayor Ireland, Councilmembers Skadron, Romero, Torre, city staff and members of the public. Ms. Adams said during the site visit, it was noted that the current conditions of Castle Creek is 72 cfs. Ms. Adams outlined the 4 different land use reviews including subdivision review to remove part of lot 3 and create the Castle Creek Energy Center lot. Ms. Adams reminded Council in 2007, voters approved removing this section of open space for a hydroelectric project in exchange for 3 to I land swap, mostly located at the base of Aspen mountain. Ms. Adams pointed out the ordinance rezones the newly created lot from R -30 to P, public, to accommodate a hydroelectric plant. This zoning is consistent with the city shop property. The public zone district requires a PUD, planned unit development, to establish dimensional requirements, which are listed in the ordinance. Ms. Adams told Council the proposed one -story building is smaller than a single family home as would be allowed in R -6 and is less than 2,000 square feet. This building includes a turbine room, a shop room, control room and a small visitor room. Ms. Adams said any future additions to this building would require a PUD amendment and Council review. Ms. Adams noted the building will be carbon neutral. Ms. Adams told Council the complaints are not about the building but about the proposed operation. Regular Meeting Aspen City Council Aueust 9, 2010 Ms. Adams showed a floor plan of the building and pointed out the proposed 178 square foot visitor room as an educational component of the project. Ms. Adams said this ordinance also includes growth management review for an essential public facility. Ms. Adams noted as a condition of approval, an employee audit is required after the c/o is granted to determine whether any new employees have been generated. Ms. Adams said it was determined this project is exempt from stream margin review. The project meets all other criteria to the best extent possible. Ms. Adams said staff believes this project is consistent with the goals of the AACP. Dave Hombacher, utilities department, showed a photograph of the historic plant on Castle Creek and told Council the plant provided power to the community for over 65 years and was taken off line in 1958. Hombacher told this hydropower plant will provide energy and will be an effective use of existing resources. This is renewable energy and will save the city money. Hombacher noted one of the forces behind this proposal is a vision statement from the community plan, a focus on development of new renewable energy sources. Hombacher reminded Council the city has adopted a canary action plan, one goal is 100% carbon neutral by 2015. Hombacher noted in 2007, 77% of the voters approved the Castle Creek hydroelectric plant. Hombacher told Council in 1958, the city was 100% hydroelectric. In 2004, the mix is 28% hydro, 8% wind and 64% coal. Hombacher said the challenge is how to get back to 100% renewable energy. Hombacher pointed out by 2007, the city had increased its wind and hydro portfolio and reducing the coal usage to 25 %. Hombacher told Council the Castle Creek Energy Center would add 8% to the renewable energy portfolio leaving 17% coal dependent. Hombacher noted the rest of Colorado is 66.5% coal dependent, 3.9% hydro with the rest being natural gas and wind energy. Hombacher said benefit of having a city run utility allows Council to control and direct that utility. The city has two hydro electric plants, Ruedi and Maroon Creek. Ruedi started in 1983 and has helped keep electric rates in Aspen stable with only one increase in the last 17 years. Hombacher showed graphs of municipally owned utilities and their rates. Aspen residential rates are the 7` lowest in the state. Phil Overeynder, water department, noted there is a $450,000 contribution annually to the general fund as well as electricity to special events, to public buildings and free street lights. Overeynder said since this is a municipally owned utility, the city can develop local resources, like Ruedi hydropower. Overeynder said the city has a cooperative energy provider, MEAN, who has worked with Aspen so the city has the highest in percentage for wind energy of any utility in the country. Councilman Romero noted using renewable energy has been part of the city's value statement for decades. Andy Rossello, water department, pointed a chart of water usage over the past 35 years and the peak usage was in 1993. The city worked on tightening up the leaks in the water system, burying the lines and not have customers run their faucets overnight. Rossello told Council there has been a 2/3 to' /4 reduction in water usage. Rossello explained cfs and compared 1 cfs to 1 basketball. Rossello told Council an average Colorado home uses 700 kWh/month. Rossello explained that water is taken from the diversion down to Regular Meeting Aspen City Council August 9, 2010 Thomas reservoir or to a holding area where the drain line takes it to a turbine where the power is produced. Rossello pointed out there is 380' between Thomas reservoir and the Castle Creek in a closed conduit which produces pressure, spinning a wheel and producing power. Rossello said the city has head gates on Castle and Maroon creeks for the diversionary structures. Rossello told Council this is physically constrained by the capacity of the two existing pipes on how much water can be delivered anywhere downstream. Rossello showed the penstock emergency drain taking water from the reservoir down to the ultimate discharge at the hydroplant. Rossello told Council there have been six meetings with the public starting in 2007, including a technical workshop with Roaring Fork Conservancy. Rossello said staff produced a film using a similar plant in Manitou Springs. There has been an informational show on Grassroots, radio and newspaper interviews. Rossello told Council improvements to the project have been made as a result of these public meetings. Additional sound mitigation studies have been done; the city's consultant has done stream flow and habitat studies. The city has developed a stream flow monitoring plan with the CDOW and the USFS. Rossello said the design is to mimic the old city shop building with modern elements using modern technology. Rossello pointed out the ordinance requires strict adherence to the 50 to 55 decibels. Rossello told Council vibration and sound studies were done at the Manitou plant and interviews conducted with the neighbors. The building has interior sound dampening panels to insure no sound migrates from the site. There is a dual door structure to further limit sound from the site. The windows will be fixed so they cannot be opened. There is acoustically lined baffle duct work within the building so that sound will not be transmitted through the ducts. Rossello said if the sound goes above 55 decibels, the duct work can be further baffled. Councilman Romero asked about the drain line /penstock that is under construction. Overeynder said the city was in the process of designing the facility necessary to deal with the hydroelectric plant. During that process, the city's engineers said there is a problem because there are two 30" pipes coming in and only a 24" capacity for water going out. Overeynder said the report dated 1989 states there is no danger because there is no development near the facility. Overeynder said there are 26 structures at Water Place as well as other structures in harm's way immediately down stream where 170 cfs could be released. Overeynder told Council an overtopping of the reservoir could happen because there is not enough capacity to evacuate at the same rate that the flow of water is coming in. Overeynder told Council the reservoir overtopped in the 1980's. Councilman Romero said the work has two possibilities; public safety and penstock for the potential new hydroelectric plant. Overeynder agreed the city needs the facility whether the hydroplant is approved or not. Councilman Romero asked about the conduit application procedure for this drain line. Overeynder said a FERC permit is required to operate the hydro facility. The city started Regular Meeting Aspen City Council August 9, 2010 in 2006 with the initial plans for a feasibility study for the hydro project. The consultants advised, after checking with the federal regulators that the city could be pre - jurisdictional, meaning the project was rebuilding something that existed before the federal power act. The city made a notice of intent to be exempt from the federal power act, which was denied by FERC. Overeynder said city staff told FERC the city was trying to place a new hydroplant to replace an old facility and how should that be done, how the penstock would be constructed and applied for a conduit exemption. Councilman Romero said if the currently constructed drain line were not there, is there an alternate means to reroute the overflow from the reservoir and to divert it away from structures. Overeynder said not practically because of winter operations. The current overflow is a winter surface operation and the culvert is only a few inches thick in the winter. A buried pipeline is what is needed to address overflow. Councilman Johnson asked if there is a way to shut off the intakes at Castle and Maroon creek to manage this problem. Overeynder said that can be controlled but the rate of rise is so rapid staff cannot respond to the overtopping reservoir. One valve has automated controls but there is no power in the other location. The rise is continuing while city staff is responding. Hombacher pointed out the majority of facilities for this project already exist and the penstock is following the historic location. Bill Miller, Miller Ecological Consultants, told Council his firm was hired to conduct studies on Castle Creek and other requested by the division of Wildlife. Miller said in 2009, he conducted studies on wetland and riparian delineation near the proposed energy center. Miller said after a public meeting in 2009, the DOW requested new R2 cross data; the current minimum flow in Castle Creek was done in the 70's. The DOW also wanted analysis of winter habitat, the proposed winter flows, new fish data and boreal toad surveys. Miller said R2cross data is used in the majority of 1400 locations in Colorado where there are in- stream reaches and decreed in- stream flows. Miller said R2Cross is widely used and widely accepted as a standard hydraulic engineering principles. Miller said a sediment control pond will be constructed, which will impact the upper wetland. Miller pointed out there is a total of 83 meters of wetland in the upper wetland what will be impacted is 733 square meters. Miller said the impacts will be addressed before construction. Miller said they were requested to do R2cross on two new sites; one down stream of the Castle Creek diversion in the bypass reach and one down stream of where the tail race puts more water back into the river. Miller said at the downstream of the diversion was at 38 cfs when surveyed in April. Miller presented a slide showing a tape placed where there is a critical ripple that controls habitat. Miller stated the theory is if the critical ripples are protected based on the threshold set by the state, both the habitat and the stream are protected. Miller showed the same area measured at 935 cfs in June, the stream is up over the bank into the riparian vegetation. During peak flow, the stream moves sediment and boulders around and revegetates habitat. Miller said between 12 and 13.3 cfs there is a'' /a" in change of depth. Miller told Council he looks at how much area is wet and how much 10 Regular Meetin¢ Aspen City Council August 9, 2010 that changes with each flow, is there adequate depth to pass through the critical ripples. Some areas have 1' in depth; average depth meets the criteria set by the state for a stream this width. Miller noted downstream by the Institute where the tail race would come in, this area will get more flow with the hydroplant in operation. The stream is wider in this section and at high flow the stream is up into the bank, inundating the banks and into the trees. Miller showed a slide comparison of 12 cfs flow and 17.2 with the new analysis. Miller said in the R2Cross of the new analysis, the threshold criteria was met. The state has a system where in summer they want 3 criteria— depth, velocity and perimeter, and in winter they want 2 criteria and when 2 out of 3 are met, that is where the winter flow levels are set. This was compared with the 12 cfs from the old method and 3 criteria using the new data, which is where the 13.3 and 17.2 cfs come in using minimum criteria. Miller showed two tables, one below the diversion and the other below the Aspen Institute and a comparison of each discharge, Miller looked at average depth changes, percent wetted perimeter and average velocity. Miller told Council for stream biota, how much physical habitat is available during that time is important; are they getting the wetted area that supports them. The concern is as the flows are changed, there should be little change in the physical habitat; the percent wetted perimeter and the wetted width are things to look at. Miller pointed out the table shows a 43.6% change in discharge; the wetted width only changes 4.5 %. Miller said the boulders help to hold the stream in place so it is not just as open channel. Preserving the wetted width means the productive area of the stream is being preserved. Miller said he was asked to look at the winter habitat conditions and showed an example of the cross sections placed at various locations. These were simulated with a hydraulic model and a range of flows. The existing pools where fish can maintain during the winter will be maintained at 1.5'. The pools are formed by the boulders which scour out ponds behind them. Miller told Council he conducted fish population estimate in April in Castle Creek and captured rainbow, brown, brook trout and sculpin, which is the only native species, the others have been introduced as sport fish. Miller showed fish condition factors to look at fish health and values at 1 or above show a healthy body condition. They are getting enough food indicating a good food resource in this area. Miller said in the upstream areas there are no brown trout; brown trout are predatory on other fish species. Miller noted most snow melt streams have a large peak in spring and early summer as the snow melts. As the flow drops off, the water heats up and the fish are more active. Miller stated one concern with operating a hydroplant is if there will be a big change in flow during the summer and with the change a change in thermal conditions. Miller said during the fall and winter how the refuge habitat areas are being changed and how much will be available for feeding is an issue. Miller said on the graph, lines show the existing conditions and the proposed operation, which shows it will hit the minimum flow in late November and is now being hit in early March. Miller said the studies show the wetter perimeter is being decreased by 10 %, at the most, a small amount which will occur in October/November. 11 Regular Meetin¢ Aspen City Council August 9, 2010 Miller pointed out downstream of the hydro return, higher flows will be seen and winter flows will be in the 18 to 20 cfs range; downstream of Power Plant road the stream will look similar to how it looks today. Miller said in implications of stream flow to stream health, he looked at the existing hydrograph which has 5 peak flows which creates the habitats; the summer flows are providing 65 to 90% of the bankable area. Miller said the proposed hydroplant operations will maintain the shape of the hydrograph and the ecological function because the limitation of the inflow to 25 cfs and 27 cfs does not allow the facilities to take the stream down to a flat minimum in stream flow year round. Mayor Ireland said he received correspondence saying ' / of the water will go away that today's stream flow of 55 will go to 12. Miller answered that is not the hydrology he has seen on the proposed operations. Mayor Ireland asked if the ordinances states that the hydrology will be as proposed and that people can rely on those assurances. Overeynder pointed out there is a fixed capacity that can be diverted. Overeynder stated the city will meet the requirements for healthy streams. This assurance will be part of the stream monitoring plan which is part of the ordinance. Miller said the high peak flows and will continue to create and maintain in stream and riparian habitat. The recommended base flows are based on the overall operating plan, not 13.3 cfs year round. The ecological functions will be maintained because the hydrograph shape is being maintained similar to what it is now. The thermal regime will be similar. With those overall conditions, the biological diversity should be maintained. Miller stated the largest flow changes would occur during fall and will result in 10% or less changes in wetted perimeter and provide 90% or more of the wetted perimeter based again existing conditions. Miller said the recommended base flows will increase the depth in winter habitat in critical riffles; the fish are in good condition and the population should be maintained. Miller said from what he has observed on Castle and Maroon creek, these are healthy streams. The stream flows have a good shape to the hydrograph, there is movement in the stream channel and these should remain with the proposed operation. Rossello told Council staff met with the Division of Wildlife and US Forest Service to get a draft of a stream health monitoring program. CDOW will conduct the baseline in 2010 and the city will monitor the stream over the next 10 years to insure the hydrology is similar to this report. Rossello stated there are collaborative efforts between the DOW and the Forest Service and the city to define the program components and these are in Council's packet. Rossello noted there is an adaptive management strategy, the city is willing to adapt the hydro operations in the future to insure the stream flows reads are at the right level. Rossello said in the operational plan, a future Council could increase the flows, not decrease them. Councilman Romero asked what adaptive management would look like if the stream is showing stress. Rossello said the hydro operations could be scaled back and not take the full decreed amount and produce less energy while maintaining an operating hydro. Overeynder told Council in 2002 when there was a water shortage, the city accepted the higher standards of the DOW, continually monitored to make sure the flow levels were 12 Regular Meeting Aspen City Council August 9, 2010 met at all times, and collected funds to construct a backup potable water system. Overeynder said this backup system is also used to keep the lines from freezing. Councilman Romero asked if there is data on the Maroon Creek system for the health of the fish. Miller answered the CDOW has done an in stream flow analysis. Miller noted the winter flows are currently being met in the Maroon Creek system, at or above the recommended levels. Councilman Romero asked about "dueling engineers ". Miller said that occurs with in stream flow issues. Miller told Council most of his work occurs before installation. Miller said this is a novel and proactive approach to come up with a monitoring plan. Rossello told Council Aspen's senior decreed water rights on Castle Creek may be used for hydroelectric generation. Rossello noted Aspen has a long history of dedication to in stream flow rights, from 1976 with CWCB in stream flow requirement. Rossello said only the CWCB is legally allowed to appropriate and adjudicate in stream flow rights. If the city states 20 cfs in the stream or 13.3 cfs, that right could be taken by another entity; by leaving the water in the stream, the city does nothing to perfect and insure the city's future rights. Hombacher said Castle Creek Energy Center does make a difference; it produces renewable energy and will see 6.2 million kWh/year, which is enough to power 650 houses /year or 35% of the city's electric accounts. This would reduce the carbon footprint 5,200 tons carbon dioxide /year reduction which is equivalent to taking 908 vehicles off the road every year. Hombacher noted the first 28 years of costs includes the bond payments; the average return above the cost of coal would be $43,000 /year. Overeynder told Council staff met with MEAN and asked them to cost out the hydro and to look at future fuel costs, anticipated at an 8.5% increase for the next 3 years and after that projected at 5% increases. Overeynder said break even on a cash flow condition is within the first 3 years. Councilman Romero said the total bond repayment with interest is a different payback date. Hombacher noted the graph shows operating costs, principle and interest and a comparison of generating hydropower and comparing it to coal power. Mayor Ireland asked if within 3 years the benefits exceed the costs at an operating level. Mayor Ireland said the return on investment analysis noted the period of time some people are looking at is the life of the bonds; it will take 20 years to recover all the bond payments and after that the operating costs drop. Mayor Ireland said he would like to see a life cycle analysis. Overeynder said staff expects a life cycle of 75 years and the total benefit of this decision is $34,777,000 difference between buying coal fired energy and buying renewable energy. Hornbacher reiterated the Energy Center will add 8% renewal energy to the city's portfolio, leaving 17% non renewable; it will reduce the carbon dioxide emission and it is a project working with the environment. There will be stream health monitoring, this will provide additional protection to the stream by moving from 12 cfs to 13.3 cfs. The city recommends a robust stream monitoring plan. This plan is compatible with the community focus for the future. The plan has been adopted and improved through the public process and there is a public safety element with local generation. Councilman 13 Regular Meeting Aspen City Council August 9, 2010 Romero asked the negative impact to the overall lifecycle benefit by providing more stream protection, taking net less flow out of the stream. Overeynder said it will not economically cripple the project. Overeynder said the original budget for engineering permitting and fees was $600,000 and the project will be beyond those expenditures and he can report the current status of that budget. Councilman Romero asked what happens if the conduit exemption is denied. Overeynder said if that is the case, the city will apply for a FERC license. The city expects a decision on which way this is going by next construction season. Councilman Johnson asked the cost of one year of monitoring. Hombacher said a single cycle of monitoring will cost $65,000. If one looks at it over 10 years, the proposed length of monitoring, the total cost would be $630,000 and over 28 years, it is a $19,000 against the $43,000 revenues. Hombacher noted one has to look at what is better, more monitoring or the hydro graphing, which is where health monitoring will come it. Mayor Ireland asked if the city did not build this facility, would junior water rights' holders have a better argument that the city had abandoned their rights. Cindy Covell, city's water attorney, told Council the way abandonment works, the division engineer for each water division makes an abandonment list every 10 years and he looks at water that has not been used for 10 years and investigates where there is a likelihood that the water rights have been abandoned. At that point, the city whose water rights are listed has an opportunity to challenge that. In order to prove abandonment, it has to be proven one is not using the water but that it will be abandoned. Ms. Covell said the city's water rights on Castle Creek are 160 cfs. The city is not proposing to use that much with the hydropower and one could argue some of the balance is not intended to be used. Ms. Covell said to the extent water is not being used, it is subject to appropriation by other water rights. Strict administration on a stream, the most junior water right can take all the water he needs unless other senior water rights call. Ms. Covell pointed out if the city is going to by pass 13.3 cfs as recommended, the city will need to ask the Water Conservation Board to make an appropriation of an additional in stream flow because if the city does not do that, someone else could appropriate that water. Mayor Ireland said this might be subject to an upstream call; there is experience of entities claiming water for themselves. Ms. Covell agreed the city has not seen the end of efforts to divert water to the eastern slope. Mayor Ireland noted putting water to a municipal beneficial use is one of the strongest ways to protect from an upstream diversion. Ms. Covell agreed the Frying Pan project is trying to get every drop of water they think they are legally entitled to take. Mayor Ireland stated the city does not have a guarantee, short of beneficial use, that the stream will not be diverted. Ms. Covell agreed if the city is not beneficially using their water rights, the water not being used is available for appropriation by someone else. Mayor Ireland opened the public hearing. Jack Wilkie said he counted only two public meetings for the public in town. Wilkie said he is concerned about the construction and design and is baffled why a pipe is being 14 Regular Meeting Aspen City Council August 9, 2010 installed when the power plant is not ready. Mayor Ireland said the pipes are being installed to act as a bypass in case there is a dangerous overflow in the reservoir, which is needed even if there is no hydro plant. Overeynder said to complete this project requires two years of construction; this work is what the staff believes will advance the objective. Wilkie said it appears the city is spending millions of dollars for a project with no use. Wilkie noted he heard nothing about the hazard in any of the previous public meetings. Jim Markalunas urged Council to restore the hydroelectric parities established in the 1890's; it is important to help preserve the city's water rights. Markahmas told Council that in 1956 Council purchased the electric system for $250,000; several years later, the city purchased the water system. The city had foresight; the city should re- establish their heritage in power. It is good for the environment and for the community. Ken Neubecker, Carbondale, past president Trout Unlimited, said the city has a serious precedent setting project if it is done right. Neubecker noted more work should be done with the city's consultant to firm up the baseline stream conditions. Neubecker said minimum stream flows are not a base line for the river; that is the hydrograph. Minimum stream flow is the minimum amount of water needed to protect the environment to a reasonable degree. It is the bare minimum to protect the environment. Neubecker noted minimum stream flow is something to keep a stream healthy for a long time.. Neubecker said he thinks the monitoring should be as robust as possible and would like to see the city work with the DOW to have contingency plans before there is an emergency. Neubecker said the gauges should be mounted somewhere to be readily available to everyone can view them and the translation from depth to cfs should be readily available, also. Kirk Gregory said he is concerned with this process; how did this question get on a ballot without things in place. It seems this is a route of circumvention, going through a conduit exemption rather than a full EIS and a federal license. Gregory said this seems as if the city put the cart before the horse. Gregory said he does not think voters understood what the question meant. Gregory said there is a genuine concern about the effect of this project on the stream. Gregory noted this stream is in a natural state and diverting water is not making it better. Gregory said the city should keep track of what is going on in the stream. Gregory asked about monitoring of the stream. Horbacker said it is planned as a 10 year monitoring program with CDOW who did the base monitoring, monitoring every year for 4 years, then every other year up to 10 years. It will be contracted out. Gregory asked the minimum amount of water that can be run through the turbine and generate electricity. Overeynder said it can be run at about 25% of the capacity of the turbine. Tom Starodoj, 580 Sneaky Lane, told Council he attended a public meeting in November 2009, at which city staff stated the cfs on Castle Creek was 55, a normal low for that time of year. Starodoj noted one could envision what 13.3 cfs, a 76% reduction, would look like. Starodoj said 13 cfs is a trickle. Stream flow cannot be artificially reduced to 13.3 cfs regardless of duration. Starodoj said duration is a key issue; how long will the stream flow be reduced to 13.3 cfs; that has not been addressed by staff. Starodoj said everyday 15 Regular Meeting Aspen City Council August 9, 2010 the flow is 13.3 is another chink in the health of the stream. Starodoj said this project will be a serious negative impact on the local environment to achieve a small reduction in carbon footprint. Starodoj said this seems to be a rush to green without doing the basic steps. Starodoj requested Council deny Ordinance #15 as this would sacrifice a natural treasure to build a power plant. Paul Noto, water attorney, noted there is a "two pass" rule which means a transmountain diversion that had to go through two mountain passes is considered infeasible and has not been done before. Noto pointed out in order to divert water to the front range, it would have to go through as least two passes. Noto said the issues here are the stream flow and the perceived lack of transparency in the public process. Noto said if there is to be a hydropower plant, it should be done right, which means preserve 100% of the integrity of Castle and Maroon creeks. If hydropower cannot be produced without degrading the stream, it should not be considered. Noto showed a photograph of the Herrick ditch at 17 cfs. Noto said 13 cfs in Castle Creek will be a trickle. Noto said 13 cfs in the stream from October through April is a long period of time to flat line a stream and to dewater a 2.5 mile section of the stream. Noto said Council should reevaluate Miller's science with a modicum of philosophy. Miller answered the question, how low can one take the creek without killing it. Noto said the city should hold itself to a higher standard. Noto said his clients feel the process has not been transparent and the city staff has not been forthcoming in their statements. Noto pointed out the public vote asked the voters to approve increasing the debt at $5.5 million to build a new hydroelectric facility on Castle Creek. Noto said the ballot question did not cover the difficult issues. Noto said it is not accurate to say that 77% of the voting public voted in favor of this project. Noto pointed out the city is asking for a conduit exemption, which is an exemption from the full license, and the environmental analysis is less stringent in a conduit exemption. The conduit exemption requires a drain line from Castle Creek. The voters voted on a hydroelectric facility, not a drain line in the ground. Noto questioned whether putting pipeline in the ground with bonds from a hydroelectric facility is appropriate. Noto stated the process is rushed and could have been more thorough. Council has the ability to remedy that. Ilona Nemeth said she would like to understand the impact between the point of diversion and the power plant. Ms. Nemeth pointed out there are at least 3 irrigation ditches and are those water rights included in the 13.3 cfs minimum water flows. Miller said 13.3 cfs is what remains in the stream. Ms. Namath said this is based on a hydrograph and asked if the ordinance could be based on monthly minimum so that at certain times, the water levels could be maintained. Miller said during July there is not the ability to take it down to 13.3 cfs. Miller told Council his analysis is based on the proposed operating agreement, which is the hydrograph. The maximum that can be diverted is 25 cfs to maintain the hydrograph shape and by the physical constraints in the system. Overeynder said although there is no physical ability to take that much water, if Council wants that, they can amend it. Ms. Nemeth said as well as looking at history, there is the future to look at and Castle Creek should not be decimated based on a rushed process. 16 Regular Meeting Aspen City Council August 9, 2010 Georgia Lipkin told Council she grew up in Aspen and takes a strong stance against the implementation of a hydroelectric facility on Castle Creek. Ms. Lipkin said she is circulating a petition. Ms. Lipkin pointed out on July 29` the water level in Castle Creek was low and was 58 cfs and the hydroelectric facility would take that down to 13.3 cfs. Ms. Lipkin reminded Council Aspen was founded on a environmentally friendly lifestyle and to respect the balance of the natural lifestyle. Ms. Lipkin said the city should preserve the river environment that people can be proud to be part of Ms. Lipkin urged Council to provide an open, eco- friendly method of preserving the community. Councilman Torre asked the total capacity of the pipe. Overeynder said the capacity is 25 cfs which is the maximum flow that can get into the pipe. Councilman Torre reiterated only 25 cfs can be removed at a time and the stream would only be lowered to 13.3 cfs if the stream were 38 cfs. Jody Guralnick said she has spent hours roaming the banks of Castle Creek and knows the life that teems around the rivers. Ms. Guralnick stated only 3 to 5% of all the land in Colorado is riparian zone and 90% of all the wildlife lives in and around that riparian land. Ms. Guralnick said proposing a project as green which will make changes to the river and the riparian zone is short sighted. Ms. Guralnick said Council should view the river as a living entity. Ms. Guralnick said the city proposes a $10 million hydroelectric facility that will take 20 years to pay back in electric uses and this facility may be archaic by that time. Alan Quasha said the big picture is destroying a stream to power about 600 houses; if Council can protect the stream, there would be no problem. Quasha said when the potential significant harm to the stream is balanced against the minimal positive gains, this is an irresponsible project. Quasha said the city is gambling with a stream for minimum economics and benefit to the environment and the net benefits have not been examined. Jack Kaufman, Maroon Creek, told Council since Phil Overeynder took over the management of the hydroelectric plant on Maroon Creek, the operation has improved. Staff is there daily checking the stream to make sure it is okay. Kaufrnan said there is a balance to look at and the community has to look at compromising in an intelligent way and look at providing our own needs and power. Maureen Hirsch, Sneaky Lane resident, said the gauges are not going to be put in the river; the water level is being measured manually instead of with an automatic gauge. Ms. Hirsch said in the low water months the river can freeze and staff cannot do manual readings. Ms. Hirsch requested Council to condition this on installation of automatic gauges. Ms. Hirsch pointed out staff states 650 home /year will be served with this hydroelectricity. Ms. Hirsch said the city is not expanding the current service area so that will be existing houses. Ms. Hirsch suggested the city should buy more wind and solar power from MEAN rather than building this hydroelectric facility. Ms. Hirsch noted in order to run this hydroelectric facility, water has to be diverted from both Castle and Maroon creek. Ms. Hirsch pointed out when this was a hydroelectric facility in 1893, this , ,, , as not a residential area. 17 Regular Meeting Aspen City Council August 9, 2010 Mayor Ireland asked why the city does not use real time gauges and there might be more accurate readings with automatic gauges. Overeynder noted on Maroon creek, staff is measuring at low conditions, how much water is being released; peak flow is not being measured. Overeynder said the issue is how to measure the peak flow so that information is readily available. Overeynder noted the city's portfolio is 34% wind energy, which is the highest of any municipally operated utility. The city would have to purchase twice as many wind turbines as that energy has to be used when it is generated; wind energy cannot be stored. Overeynder reminded Council thy city has a franchise agreement with Holy Cross that defines the boundaries the city can serve. The exception is that they city may serve its own customers and the city plans to use that exception to the maximum extent and serve those because of the discrepancies between the city's energy mix and that of Holy Cross, to reduce the carbon footprint by changing the energy sources. Betsy Starodoj, Sneaky Lane, said she is concerned for stream health, the impact on neighbors, the monitoring procedures and the consequences of non - compliance. Ms. Starodoj said she heard staff state the cfs can be taken down to zero and there is no employee mitigation because who would want to live near an energy center. Ms. Starodoj noted this would be the first industrial plant in Aspen and she is concerned about industrial noise, about unintended consequences and the questions that have not been answered. Ms. Starodoj said staff memo states the decibel reading at the building will be 60 decibels and the allowable in residential zones is 50 to 55 decibels. Ms. Starodoj said she is concerned about the elusive stream standards in the ordinance and the guidelines for stream health should be stated in the ordinance and not developed later. Ms. Starodoj said she is concerned about self - monitoring and about applying for an exemption from FERC. Ms. Starodoj said there should be a 12 month stream study on Castle Creek and the city should apply for a proper FERC license. This issue is important and requires more clarification. Nathan Rutledge, CORE, noted across the world people are trying to figure out how to provide clean, affordable power and Aspen is doing it. Aspen has kept competitive pricing in electricity. Rutledge said this is distributed local energy almost distributed on site and the carbon emissions will be reduced by 13 %. Michael Lipkin noted this process has been surprising. Lipkin pointed out that no one voted for dewatering Castle Creek. Lipkin said he would like to be in favor of this project and would like a stream standard that maintains 100% of the river and riparian zone 100% of the time. Lipkin stated that is doable within the community objectives. Lipkin stated last week the stream was measured at 59 cfs and staff has talked about reducing it to 13.3 cfs, about 25% of what is in Castle Creek today, 6 months of the year. Mayor Ireland noted the project cannot take more than 25 cfs at any one time. Lipkin brought a photo showing 58 cfs in the river today. People will be viewing 13.3 cfs for 6 months of the year, which is what the river will look like in the winter. Lipkin said he is excited about the project and would like to know this is the best way to spend $10 million; this is forward looking and efficient for energy. Lipkin said he would like to know the appropriate level of the stream and the balance between being green and preserving Castle Creek. M Regular Meeting Aspen City Council August 9, 2010 Connie Harvey said she feels this is a piecemeal project; the pipe has already been installed in advance of other parts of the project and the monitoring does not happen until after everything is built. This is a major project of concern to anyone who likes streams and the wetlands. Ms. Harvey said this project deserves a full EIS as our streams should be sacrosanct. Mayor Ireland closed the public hearing Mayor Ireland agreed there should be a base line established for stream health and it should be established over a period of time before construction begins. Mayor Ireland said the city needs to have real time gauging. Mayor Ireland said he would like to know about fish screens and how they work. Mayor Ireland said he is concerned about the health of the wetlands and the city needs to be sure the wetlands are not diminished by a reduced stream flow. Mayor Ireland said he wants to know how the stream flows in Maroon Creek are affected by this. Mayor Ireland said he would like the return on investment recalculated so that Council knows what it is over the life cycle of the project to include the many years of free energy generation. Mayor Ireland stated he is concerned why an upstream property owner is concerned about a project 13 miles away. Mayor Ireland said he would like to publish the dates and times of the public meetings held on this project. The city needs to be certain this process was good. Mayor Ireland said he does not want to put the fate of Aspen's energy production in the hands of the federal government, whose policy is tilted against renewable energy. Mayor Ireland said the election on this issue was legitimate. Mayor Ireland said the argument that no one will notice the effect of this energy plant is moral abdication. Mayor Ireland said Aspen has an obligation to do what they can to reduce energy. Mayor Ireland said the price of coal is increasing for the next 3 to 5 years, which means the city will save more money on this hydroelectric plant. Mayor Ireland said Aspen made a mistake when they closed the original power plant in 1958 and went to purchasing coal. Mayor Ireland said people have purchased their property after there was a power plant in this location and which started producing power in 1893. Mayor Ireland said one has to look at the cfs in November in order to do a comparison; in November it is not 55 cfs. Mayor Ireland said he is not ready to proceed on this project as too many questions have been raised, like base line conditions, impacts on the stream, ability to gauge the stream by the public. Mayor Ireland said he does not feel the project should be eliminated without looking at positive and negative impacts. Mayor Ireland pointed out some water was lost in Hunter Creek and the guarantee is 4 cfs. Councilman Romero concurred he is not ready to vote,on this project. Councilman Romero said he, too, would like more and reliable data for the base line to help inform and shape the monitoring plan. Councilman Romero said the city talks about how the environment is number 1; this is two pieces of those environmental efforts — creation of renewable energy and preservation and celebration of healthy streams. Councilman Romero said there has to be a place where these can be optimized and balanced and not 19 Regular Meeting Aspen City Council August 9, 2010 seen as competing. Councilman Romero said the pursuit of renewable energy will not come at the expense of one of the most community's precious assets. Councilman Romero said the city has an existing hydropower plant on Maroon Creek and the data on that operation is not readily apparent to the public. Councilman Romero said he would like more information about the economics of the project stressing that the environmental impacts outweigh the economics. Councilman Romero said he does not have a level of confidence to move forward at this moment. Councilman Romero said the Council has applied the principle of protection of impacts in neighborhoods. Councilman Romero said the area around the project could use some attention to make sure the city is running a tidy operation. Councilman Torre said the breadth of the public commenting says a lot about the project and about love for Aspen. Councilman Torre agreed more baseline work is necessary. Councilman Torre said he would like to know the duration of 13.3 cfs and what that would look like. Councilman Torre said he would like to know about a month by month report and snapshot of the creek. Councilman Torre said he would like to discuss this from a stream flow protection rather than a bare minimum in the stream. Councilman Tone said he would like to know more about noise generation, vibration generation; the presentation did not give the greatest assurance that there is complete technical understanding of what the building needs to do. Councilman Tone requested more explanation about the minimum on the building, why a visitor room is important and why this is being used as an educational tool. Councilman Torre said he would more information about adopting a 15 cfs stream flow instead of 13.3. Councilman Tone asked if there is a possibility to use more solar panels to create electricity and to protect in stream flows. Councilman Skadron stated his threshold question is whether there are adequate protection in place sufficient to insure the stream's health, 100% healthy stream 100% of the time. Councilman Skadron requested comments at the next hearing on expert's analysis versus layperson's observations. Councilman Skadron asked if the ordinance can be strengthened by adding clear guidelines for stream health. Councilman Skadron asked the difference between an energy center and a power plant. Overeynder answered this was intended to be a energy center as well as a location to demonstrate renewable energy of different types. Councilman Johnson said the community is proud of what has been done to protect the environment and the city should hold themselves to a higher standard both on creating energy and on taking a leadership position to make sure the stream is protected. Councilman Johnson said he would like financials on what happens if the hydropower plant is turned off and how that would affect the budget. Councilman Johnson said real time gauges are threshold for him to have real time monitoring of the stream at all times. Councilman Johnson said noise mitigation is important. Councilman Johnson asked the decibel reading from the river itself. Councilman Johnson said he would like a better understanding of what 13.3 cfs looks like. Mayor Ireland stated he is concerned about having manual control of the intake valve. Mayor Ireland said the issue of whether this ]Pill Regular Meetinji Aspen City Council Au¢ust 9, 2010 facility generates employees or not needs to be addressed in the city's affordable housing plan. Mayor Ireland said he is concerned about increasing the minimum stream flow without adverse consequences and without CWCB behind the city. Councilman Romero moved to continue Ordinance #15, Series of 2010, to September 13; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE #19, SERIES OF 2010 — Charter Amendment Defining Publication Mayor Ireland opened the public hearing. Councilman Torre said he would like to put full text on the city's website and publish the ordinance by title. Bob Nix said he supports this Charter Amendment if before the election Council passes an ordinance amending the municipal code to state the ordinances will be published by title. Nix said the publication could be taken out of the Charter. Mayor Ireland closed the public hearing. Councilman Romero said the full text of proposed ordinances will be put on the city's website and will look at the municipal code where the city will publish proposed ordinances by title. Councilman Johnson said it should be made clear to the public that if they do not have internet, they can get copies of the ordinances at city hall. Councilman Torre moved to adopt Ordinance #19, Series of 2010, on second reading; seconded by Councilman Romero. Roll call vote; Skadron, yes; Romero, yes; Torre, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #64, SERIES OF 2010 — Extending Given Institute Ordinance #48 Negotiation Mayor Ireland moved to approve Resolution #64, Series of 2010; seconded by Councilman Torre. All in favor, motion carried. RESOLUTION #58, SERIES OF 2010 — Settlement Agreement Changes Mayor Ireland moved to approve Resolution #58, Series of 2010; seconded by Councilman Romero. Councilman Torre said he feels the Aspen Art Museum has a lot of work to do on the architecture and the operational plans. Councilman Torre said he would like Council to be apprised as much as possible about anything going on with this project. Heidi Zuckerman Jacobson told Council she would be willing to give them periodic updates as it is a significant and important project and the public would be kept apprised of the process, too. All in favor with the exception of Councilman Skadron, motion carried. 21 Regular Meeting Aspen City Council August 9, 2010 RESOLUTION #57, SERIES OF 2010 — Ballot Question Charter Amendment Defining Publication Councilman Torre moved to approve Resolution #57, Series of 2010; seconded by Mayor Ireland. All in favor, motion carried. RESOLUTION #65, SERIES OF 2010 — Appeal Administrative Decision Amendment to Rio Grande SPA Mayor Ireland moved to continue Resolution #65, Series of 2010, to August 23; seconded by Councilman Torre. All in favor, motion carried. Councilman Johnson moved to go into executive session at 11:45 p.m. pursuant to C.R.S. 24 402(4)(b) conference with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to come out of executive session at 11:55 p.m.; seconded by Mayor Ireland. All in favor, motion carried. Mayor Ireland moved to adjourn at 11:55 p.m.; seconded by Councilman Romero. All in favor, motion carried. 4 05:�4 - Kat . Koch, City Clerk 22