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HomeMy WebLinkAboutminutes.council.19860714Reztu_l_ar __ _i~e~,t i n a __ _ _ _. _ A ~e_~ _ C-i~ - -CoUn c i 1 _ _ - __ -3uly . 14 9~ 6 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Isaac, Collins, Fallin and Walls present. AS-PF#--I i~`T I TU TF Mayor Stirling said he would like the city to re-establish communications with the Institute. The city and Institute have been having informal meetings over the past 3 years. The current Council understands the importance of the Institute to Aspen. In the fall 1985 , Council granted a subdivision exception to the Institute for the east Meadows. Council also makes an annual contribution to the Institute. Past Council's have felt that the Meadows might be developed inappropriately. Mayor Stirling said it is in the community's best interest to have good stewardship for both the east and west Meadows. Mayor Stirling said there have been rumors about the Institute's future in Aspen, and R. 0. Anderson has been invited to discuss that with Council. R. 0. Anderson, president of the Institute, told Council the Institute has been in Aspen since 1949 and has made significant contributions to the town. The Institute was the initial force behind Aspen's zoning laws. The Music Festival and Design Conference were undertakings of the Institute. Anderson told Council the Institute has a deep identity to the community, and they do not anticipate changing this. Anderson told Council the last 12 years they have had problems with the Meadows property. The relationship between the east and west Meadows is very important to the Institute. The Institute relies on the west Meadows for room and board and general support. Anderson said the Institute's problem is that they have not been able to make plans regarding the future of the Institute in Aspen for the last 12 years. The facilities at the Meadows are not adequate. Anderson pointed out that the west Meadows is once again involved in litigation, which can be time consuming and delay making future plans. Anderson said the Institute intends on remaining in Aspen, but the seminar facility is limited by the west Meadows. The Institute has made major presentations to Council in the past to come up with a development plan. When that failed, the Institute sold the property to Hans Cantrup. The University of Denver looked at it as a winter campus. Anderson said he does not feel there has been a clear feeling of what the city would like to see done at the Institute. Anderson said the Institute hopes to be able to have better utilization of the properties. Anderson said the Meadows must be turned into an economically viable site. The Institute trustees would like to see a period of cooperation with the city. Anderson told Council the Institute program f or 1987 is essentially the same as this year. 1 g- _ _-------- ty - Reatr~ arr ~ -Me~et3 n As~e-rr C i ~ourrc i ~-- - --___ _ 3u~yv- -14 ~~ 19 ~6 Councilman Isaac said because the west Meadows is in litigation, he does not think the city can be involved. Councilman Isaac said he would like to see something done at the Meadows. Anderson said rather than waiting for the litigation to be resolved, he would like to use that time to develop a plan f or the properties. Anderson said it is necessary to view the east and west Meadows as complimentary properties. Councilman Isaac said the problem is no one knows who the owners of the west Meadows will be and whether they would go along with the plan. Mayor Stirling asked if the Meadows will be open this winter. Anderson said it costs quite a bit of money to keep the Meadows open in the winter, and the use factor does not justify keeping it open. The facility was only used 30 nights last winter. Councilwoman Fallin said she would like to see Council, staff, the Institute and the owner of the west Meadows sit down and start working together on a plan. City Attorney Taddune said each entity could o utline what they envision for the property and start from there. Taddune said it would be helpful to let everyone know what the problems and concerns are. Taddune said this would be information-sharing; it would not be a concrete proposal. This property is very important to the community. It is important not to ignore the land use process. Councilman Collins said the Institute and owners of the west Meadows should have some time to develop some ideas before Council becomes involved in the process. Councilman Collins pointed out the Council sits as the final review entity, and it is important not to become to involved and then take exception to some things they participated in. Council scheduled Tuesday, September 9, at City Hall at 5 p.m. as a work session to discuss plans for these properties. Mayor Stirling said the Aspen Community Interaction Committee is having a conference in September on the future of Aspen. Mayor Stirling said he hopes the Institute remains in Aspen. CIA Ai~A~~Y = ~PQ~~ I ~RT'MEN~ Mayor Stirling said the police department has received a Fleet Safety award f or the lowest accident f requency f o r 19 85 among police department members. The police department had only one accident in 1985, which was not the police department's fault. C-I-~I-Z~~S -~C~MMFi'~~S 1. Patty Carlson asked the Council for reconsideration of their decision on the biodome project. There is a lot of public support for this concept. City Clerk Koch told Council their new rules allow anyone to move for reconsideration in case of a tie vote . 2 Re-atrl-ar~-lie-e ti-rncr --__-~3suen ~itv --Coon ~i r-- -- ____._ __._.. J~i.X -1-4 , - r~86 Councilman Collins moved to reconsider the action taken by Council which resulted in the defeat of this request by a tie vote; there has been significant community support for this project; and put this on the agenda July 28;seconded by Councilwoman Fallin. Councilmembers Walls, Fallin and Collins in favor; Councilman Isaac and Mayor Stirling opposed. Motion carried. 2. Carol Farino, president of the Historical Society, said by having the city's contractor hook them up to the undergrounding project, it will save a lot of money. Council asked staff to return at the next meeting with the financial implications. 3. Karen Troobnick asked Council to consider granting a variance to have a graphics painted on the construction barricade at the Volk property telling people there are businesses east of this construction. Ms. Troobnick told Council two restaurants east of this barricade are down as much as 50 percent. Mayor Stirling suggested this be referred to the CCLC this week. Acting City Manager Mitchell said the CCLC does not have the ability to grant a variance from the sign code. Ms. Troobnic k said the building department rejected this as a graphic display. If this were to follow the procedure, it could not be scheduled to the Board of Adjustment until the middle of August. Councilwoman Fallin said the businesses need the relief now and Council should be able to give temporary help. City Attorney Taddune said there should be staff input on the code and what authority Council has. Mayor Stirling moved to add this as item (r); seconded by Councilwoman Fallin. All in favor, motion carried. 4. Ken Moore asked Council if they would put the question of intercept parking lots and bus lanes on the entrance to Aspen question. Moore said Council has said after the TDP was issued, they would be better able to j udge whether this should be on the ballot. Mayor Stirling said the deadline for adding questions to the ballot was last week. Moore said the alternative of intercept lots and bus lanes was not offered in the TDP and the consultant has assumed those are not viable alternatives. OR~I~IA-i~CE- x-9$6 - Sawmill Easement Acting City Manager Mitchell said this is no longer necessary in light of the decision to purchase the easement. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Isaac moved not to adopt Ordinance #20, Series of 1986; seconded by Councilman Collins. Roll call vote; 3 Reutxl-a r-~ -M~ ~ tip - -- - ---As~e~n -~i ty~o~um c-i~l - __ _ _ _ _ __ 3 u ly 1-4-, _ 1 g8 6 Councilmembers Walls, yes; Isaac, yes; Collins, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORHi~-AID --#~--5E-~-E~--6F--- X98-6 - Industrial Development Bonds Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Isaac moved to adopt Ordinance #22, Series of 1986 on second reading; seconded by Councilman Collins. Councilwoman Fallin questioned giving all the city's authority to Summit county and what the risks are. City Attorney Taddune told Council there are no financial risks to the city, and there are indemnifications to the city. Kutak Rock told Council this is to insure that Summit county has legal authority to issue these bonds and the state statutes authorize other governmental entities to delegate their authority. Jerry Blann, Skiing Company, told Council there is a letter of credit behind this. Councilman Isaac asked how much will be spent in Pitkin County. Blann said about 1/3 of the bonds will be spent in Aspen. Blann said there is a list of generic projects the money will be spent on. Roll call vote; Councilmembers Walls, yes; Fallin, yes; Isaac, yes; Collins, yes; Mayor Stirling, yes. Motion carried. Hfl~R~~~4MF--~f~ rtKi'~P Alan Richman, planning director, told Council this agreement will supercede the previous PUD agreement. There are a few outstanding issues, one is the applicant is to take responsibility for looping the water system which is the recommendation of staff. The loop is a benefit to the project, not to the city. The prior agreement does not specify who is to pay for the loop, and the city is not reneging on any provision of the prior agreement. The water department feels very strongly about the loop in this area, and if Council does not have the applicant put in the loop, the water department would like a hold harmless clause. Perry Harvey, representing the applicant, said he does not feel there is a precedence for the city to bring up an item in the PUD agreement when there is no request for an amendment. Harvey said there is nothing in the original PUD requiring the city to do the loop. The utility plans show the applicant to be responsible to bring a 240 feet from Monarch to the back of the hotel. There is no recorded loop on the plat. Mayor Stirling pointed out the P & Z recommended that the applicant will provide the loop. Richman said the city reviews this under the most current 4 Regular --M~e-et i-n-cr ------~e-rr ~itv - ~otm~ i-i- --- --- -- --~~lv ~:~ :- - -~-g policies. Jim Markalunas, water department, said it has always been presumed there will be a loop in the system, the disagreement is who is to pay for it. Markalunas told Council the water department has required other developments to put in interconnects. This interconnect will provide adequate and reliable service for the hotel. Harvey said this project has not changed since the original approval. Mayor Stirling said it appears a decision was not made in the original agreement, and it is appropriate for Council to decide this issue. Councilman Isaac agreed this was not resolved in 1983. Harvey said he would like the option to see which water solution works the best, either from the 6 inch from Main or the one the staff wants. Markalunas said he does not consider this to be as good an alternative. Mayor Stirling moved to amend the PUD agreement, page 5 item (a ) a new 8 inch water line will be installed from the 12" water main in Monarch and that the owner agrees. to pay to complete this loop; seconded by Councilman Collins. All in favor, motion carried. Richman told Council the attorney's office is not happy about the city entering into a promissory note for the regrading work to be done on Bleeker street. Richman said the applicant will be doing the regrading in 1987, and suggested the city budget for that street improvement as part of the capital improvement program and pay for it up front and not get involved in pay back and interest. Mayor Stirling moved to have the city pay 50 percent of the cost of regrading and improvements to Bleeker street at the time of construction; seconded by Councilwoman Fallin. Taddune suggested adding language about the city's ability to appropriate these funds. All in favor, motion carried. Richman told Council the applicant is proposing to bond for landscaping in public rights-of-way and is not guaranteeing landscaping in their garden. The Code provides the Council may require bonding of 100 percent on private property and up to 125 percent on public rights-of-way, which staff is recommending to insure the landscaping for two years. Richman said he is concerned about the landscaping on the private property, since landscaping represents a considerable condition by the applicant. Richman said the prior agreement only required bonding for landscaping in the public right-of-way. Harvey told Council the owners are planning construction prior to a construction loan. If they bond the entire cost of landscaping, it is a substantial expense up front because it is not part of a construction loan. Mayor Stirling said the type of financing is the owner's choice. 5 R~-c~u~ar_..Me~eti~nu~--~_~r _ ~~o~ulTC~ir--__-- ~--~----.lu~Yv_.141-~-~~ and review this in context with the 1987 budget. There are a number of ways to approach this position. One suggestion is to have this position be under the city manager's office. Acting City Manager Mitchell said if the city does the management audit, the staff will ask the consultant to look at this position. Mitchell said this position may initially pay for itself but not in future years. Council congratulated Cindy Shafer and her staff on their work. Councilwoman Fallin moved to accept the City of Aspen Comprehensive Financial report; seconded by Councilwoman Walls. All in favor, motion carried. RHg6i~1~~3-: -~ -i-3$6 - Intergovernmental Agreement Acting City Manager Mitchell told Council the Nordic council has replaced the school district in being responsible for the funds that Snowmass and the county do not cover on the lease payment on the Pisten Bully. The county has made some changes, which the staff does not have problems with. Councilwoman Walls moved to approve Resolution X13, Series of 1986, as amended; seconded by Councilwoman Fallin. All in favor, motion carried. Craig Ward, Nordic council, said the county wants to add damage coverage and have the county be co-inured. -HB~~E'Y`-~`f~~6i'~i~A~ George Pucak, ice garden manager, told Council the financial split has been changed slightly, and Johnson receives 49 percent and the city receives 51 percent of each participant's tuition. Johnson wanted some continuity and this contract has automatic renewal by the Director of Leisure services and Johnson. Councilman Isaac moved to approve the Bob Johnson Summer Hockey School contract; seconded by Councilman Collins. Councilman Collins asked if Bob Johnson is covered as a city employee and limited in insurance exposure. Taddune said Johnson is an independent contractor and will insure the city to the extent of the city's exposure. Councilwoman Fallin asked if this will become a problem, like the figure skaters. Pucak said Johnson has not mentioned this as a problem. Councilman Collins asked if the city has a responsibility to get bids on this type of contracts. Taddune said this is a professional services agreement, and under state law are not required to go out to bid. All in favor, motion carried. 7 Reuu_•_,i~arr-~~et-i~ a_ ~r-f:`ity~o~t~nt~i~-^ _--- __._~ ~v-~._~ f----~~86 A-MEI~f~~l-~9.'~-MftRP~Ii`- -1C~i~ Elyse Elliott, engineering department, told Council this is an existing encroachment of planter boxes at the intersection of Lake and Gillespie. The neighbor is requesting this encroachment be reduced by 14 feet. Staff is recommending this encroachment be amended to 26.5 feet rather than 40.5 feet. The original encroachment license states the owner shall, at his expense, remove any encroachments if deemed appropriate by the city. Ms. Elliott told Council she has tried to inform both the applicant and the licensee. Mayor Stirling said the licensee should be involved or informed of this. The license said the encroachment agreement may be terminated at any time by the Council. Councilwoman Fallin moved to table this to July 28, 1986, to give staff time to notify the licensee; seconded by Councilman Collins . Bob Starodoj said the license says the city may make the decision about this encroachment. Councilwoman Fallin said the city owes it to notify the property owner. All in favor, motion carried. H~H$I~ - Hobgood Lot Line Adjustment Mayor Stirling withdrew due to a conflict of interest. Steve Burstein, planning office, showed a plat of the tract to be transferred and the residences of Hobgood and Burres. The request is to transfer 278 square feet, which will eliminate an encroachment of Ms. Hobgood's house on the Burres property. Burstein said staff does not have problems with this and it seems fairly logical. Burstein said this lot line adjustment does not change the development potential for either lot. Councilman Collins moved to approve the requested Hobgood lot line adjustment subject to the conditions in the planning office memorandum; seconded by Councilwoman Fallin. All in favor, motion carried. RE~$L~3 .. - 1985 Residential GMP Allocation Councilman Isaac moved to approve Resolution #21, Series of 1986; seconded by Councilwoman Fallin. All in favor, motion carried. O~t$i~T~E~-~3 : S~L~~~--6~`--i,~ - Electric Rate s Councilman Collins moved to read Ordinance #23, Series of 1986; seconded by Councilwoman Fallin. All in favor, motion carried. 8 Re-ctu~-a-r--Me-eti-rrg-------~-s~~--City- -~o~uri-~c-i ~_. - -- ----_ J~trly__ i~ ____19 8f ORDINANCE # 23 (Series of 1986) AN ORDINANCE ADOPTING A NEW RATE SCHEDULE FOR RETAIL ELECTRICAL SERVICE AND ADDING SECTION 23-26 REGARDING SHUT-OFF AND TURN-ON SERVICE CHARGES was read by the city clerk Councilwoman Walls moved to adopt Ordinance #23 , Series of 1986 , on first reading; seconded by Councilwoman Fallin. Councilman Isaac said he would like information on how the city's rates compare with Holy Cross. Councilman Isaac said the electric fund presently funds other funds in the city and may not need to increase the rates at this time. Acting City Manager Mitchell said this reflects the increase in the MEAN rate and the cost of Ruedi power. Cindy Shafer, finance director, said Council has passed an ordinance setting up the methodology for electric rates. Dave Lombard told Council the retail rates are composed of individual components called subrates. One of these is the purchased power subrate, which is the average cost per kilowatt hour it costs the city to purchase power. There are commercial and residential customer subrates, which are city facility costs, which is the cost for running the electric facility. The electric rates to customers combine purchase power and the city facility subrates. Councilman Collins said this figures out to be a 9 percent increase to the residential customer and 6.5 percent to the commercial customer. Ms. Shafer pointed out the rates have not changed much since 1984. Councilman Collins said Colorado-Ute rates declined 5 to 7 percent. Lombard said both in MEAN and Ruedi rates, there is no mark up or profit. The city has realized significant savings in 1985. Colorado-Ute and Holy Cross can use profits from previous years to up and down the rates. Ms. Shafer said the cost of Ruedi power is changing significantly because of the debt service. In 1985, most of the debt service was capitalized. Councilwoman Walls said Council ought to base on their decision on whether this increase is necessary or not. Ms. Shafer said the premise has been that the rates are related to the costs of obtaining power. Ms. Shafer said if this is not passed, there will be a loss of revenue in 1986 of 575,000 for six months. Mitchell said Council has a responsibility to the Ruedi Water and Power Authority, in that Ruedi is supposed to pay for itself. If this is not approved, the city electric operation will be subsidizing Ruedi. Ms. Shafer said this increase is not increasing the amount of profit. Roll call vote; Councilmembers Collins, no; Walls, yes; Fallin, yes; Isaac, yes; Mayor Stirling, no. Motion carried. 9 Re-gtr~ar--i~~ti~+g- -----A~sue~n-~-itv.~-E~un~il- ___ _ __ -~r,~.__~_9~8-6 ~~-H-~T~~i$N - Schmeuser Lodge Improvement District Jay Hammond, engineering department, told Council staff would like to extend the Schmeuser contract for preliminary work associated with the lodge improvement district. The reasons for this are a very extensive public involvement with the consultants meeting with many property owners. Hammond told Council establishing the assessment program has been a very complex process. There has been considerable interaction with proposed projects within the district; the Aspen Mountain Lodge, Little Nell and 601 South Aspen. The contract with Schmeuser ended June 1, 1986, and staff would like to extend the contract in the amount of $25,000 to the end of 1986. Hammond said the consultants would like to be paid for 50 percent of the work completed to date of $ 31,161. Hammond explained th i s firm is not large and carrying the debt has been a strain. Hammond said the original agreement was that they would be paid when the District was formed. Hammond said the project is moving more slowly than anticipated. Hammond told Council the city will be reimbursed that amount when the district is formed. The city would be obligated for this amount if the district is not formed. Mayor Stirling asked if the District will still be formed if there is not clear owner to the Aspen Mountain Lodge. Hammond told Council the task force is inclined to move forward and to obligate that property under the approved PUD agreement, which obligates them to the district. Hammond said the task force is not interested in working around the Aspen Mountain Lodge property; they would like to see the improvements in place. Councilman Isaac asked if the size and scope of the work the consultants is supposed to do has been increased. Hammond said staff anticipated a certain amount of public involvement, which was a guess, and the staff estimated short. Hammond pointed out the additional meetings that are planned. Councilman Isaac asked how much has been spent to date, and is the city going to get a district. Hammond said he feels the support is there among the major properties within the District. Hammond told Council there i s some concern from smaller projects about how the assessment formula will work, and that they would be subsidizing greater detail of work in the core of the district. Hammond pointed out the work at the Little Nell project is entirely assessed to the Nell project. Hammond said under the formula, the assessment is based on use and square footage of the actual developed property. There is a relationship on where the income is generated and where the concentration of the improvements will be. Cindy Shafer , finance director , recommended the $ 31,161 come from the general fund fund balance. There is some savings from 1985, 10 ~:eutrY-ar~ ME-et-rrr~ _~--_-_ _ -c-i-~ ------ - --~.y--~4 : ~ ~~ some of that money has been used for the Code consultant . Mitchell told Council this expenditure will use up the 1985 savings. Mayor Stirling agreed it is reasonable to pay Schmeuser half what is due them as this has gone on longer than anticipated. Hammond said staff did not anticipate the extent of the legislative aspect to get the District done. There are multiple steps required of the Council. Councilman Collins moved to allocate half the payment due Schmeuser, coming out of the general fund; seconded by Councilwoman Walls. Councilman Collins asked if the city's exposure of $108,000 includes bond counsel. Hammond said that expense is just engineering, landscaping and the assessment engineering. Mitchell pointed out staff originally told Council the city would be spending close to $200,000 before the District is formed. Councilman Collins asked if the original contract had a topset figure. Hammond said the topset figure was 583,148 including all three components of the contract. All in favor, with the exception of Councilmembers Fallin and Isaac. Motion carried. Councilman Collins asked if the Aspen Mountain Lodge could kill this district. Hammond told Council the Aspen Mountain Lodge has obligated to the District in their PUD agreement and are not in a position to protest. Ron Thompson, Schmeuser, told Council the attorneys are working on an agreement for all the proposed projects to assure they will participate in the District. Hammond told Council under the assessment formula, there is a separate approach to vacant land, which would be assessed on zoning and anticipated use. Mayor Stirling moved to extend the Schmeuser Gordon Meyer contract for the improvement district for 525 , 000. Motion DIES for lack of a second. Mayor Stirling said this process has taken much longer than originally anticipated. This is a major improvement district and the city will be obligated for its lands. Hammond said the city will be obligated for the bulk of the paving, for the storm drainage work. Mayor Stirling asked the projected total cost of the District. Thompson said the total District will be 58,500,000 and the city's part will be 51,500,000. Councilwoman Fallin said if this contract is not extended, will the project lose momentum. Hammond said the city will lose consultant support and would not have the ability to have the consultant make changes in the plans after the public hearing. Mayor 11 l~e"QCCI~--M'E'e~ I.-I7~T!'~ ~ue-n--~i urrci'i._~_.__. _ ~.v~~~_.._~8f Stirling said he feels this is a low risk high gain, and this area is a critical sector to the town and definitely needs attention. Mayor Stirling moved to extend Schmeuser Gordon Meyer contract for S25 , 000; seconded by Councilwoman Fallin. All in favor, with the exception of Councilmembers Isaac and Walls. Motion carried. Cindy Shafer, finance director, said staff would like Council to adopt the overall budget policies. The budget process for 1987 will be similar to that of 1986. The staff hopes to include in 1987 along with the operating budget the capital improvement budget. Ms. Shafer reminded Council the budget is based on projected revenues. The staff took the revenue analysis further this year and came up with a total projected revenue increase of 4.1 percent. The projected revenue does not include any federal revenue sharing. The total expenditures will be 1 percent below projected total revenues. The major expense in the budget is payroll, including health insurance and other benefits. The staff has projected a 10 percent increase in health insurance. Ms. Shafer told Council there is a 3 percent pay for performance pool in the 1987 budget, calculated on a January 1st effective date, allows for a pay range rate increase of 0 to 8 percent. Acting City Manager Mitchell told Council staff will be putting together specific standards and job descriptions for each position. Mitchell said all evaluations will be done in June. Mitchell said this program will cost some money but the staff feels it is worth it, and will be able to show Council the benefits of the program. Ms. Shafer told Council that liability insurance will probably increase 25 percent. This means all other expenditures will have to stay the same as they were in 1986. This assumes the wellness and bonus program and contingency budget will all be at the same level as 1986. Mayor Stirling asked if the serial tax levy will be an enterprise fund. Ms. Shafer said it will be part of the streets department budget. Mayor Stirling said the electorate was clear this money was to be used for specific things and it should be clear the money is spent for what it was intended to be spent for. Mitchell said staff could set up a capital fund. Councilwoman Fallin asked how it is figured out what comes out of the RETT for the arts groups. Ms . Shafer said the policy has been that the arts and non-profit groups have the same increase as the general fund. Councilwoman Fallin said the arts groups would like to have a work session with Council to go over budget policies. Council scheduled this work session for July 21. Councilwoman Fallin said she would like to made clear that all requests for funds are 12 to be heard during budget time, not throughout the year. Councilman Collins said the asset replacement fund used to be 3 percent to coordinate with the Holy Cross franchise. The asset replacement fund is now 7 percent. Ms. Shafer said the finance department receives requests from all the departments; these are then prioritized for Council. It is up to the Council to decide what level to fund the asset replacement requests. Ms. Shafer said there is a certain level of debt related to the asset acquisitions that is fairly well fixed. Councilwoman Fallin moved to adopt the budget policies for the 1987 budget process; seconded by Councilwoman Walls. All in favor, motion carried. STR•E~~~~R6V ~~-~R6G-R~M Jay Hammond, engineering department, said staff had planned on getting funds from the general fund balance to do some overlay work this year in anticipation of getting revenues in 1987 from the serial tax levy. This would be working a year ahead of the revenues. Mayor Stirling said he would like to see a plan covering the entire city, phased over 5 years. Mayor Stirling said he does not want to borrow from future years. Councilwoman Walls agreed she would rather wait until the revenues are coming in to do the work. Cindy Shafer, finance director, said the city could do a tax anticipation note. Councilwoman Walls asked that the staff keep in mind the undergrounding project and not pave a street and then tear it up. ~~. Councilman Isaac moved to read Ordinance 25 , 26 , and 27 , Series of 1986; seconded by Mayor Stirling. All in favor, motion carried. ORDINANCE #25 (Series of 1986) AN ORDINANCE APPROVING AN UNDERGROUND RIGHT-OF-WAY EASEMENT AGREEMENT BETWEEN HOLY CROSS ELECTRIC ASSOCIATION, INC. AND THE CITY OF ASPEN, COLORADO, PROVIDING FOR THE CONSTRUCTION, REPAIR, MAINTENANCE AND OPERATION OF AN UNDERGROUND ELECTRIC TRANSMISSION OR DISTRIBUTION LINE, OR BOTH, TO THE LOCATED ON THE CITY- OWNED "KOCH PROPERTY", SETTING FORTH THE TERMS AND CONDITIONS FOR THE GRANTING OF SUCH UNDERGROUND EASEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO GRANT SAID EASEMENT ON BEHALF OF THE CITY OF ASPEN was read by the city clerk 13 ORDINANCE # 26 (Series of 1986) AN ORDINANCE APPROVING AN UNDERGROUND RIGHT-OF-WAY EASEMENT AGREEMENT BETWEEN HOLY CROSS ELECTRIC ASSOCIATION, INC. AND THE CITY OF ASPEN, COLORADO, PROVIDING FOR THE CONSTRUCTION, REPAIR, MAINTENANCE AND OPERATION OF AN UNDERGROUND ELECTRIC TRANSMISSION OR DISTRIBUTION LINE, OR BOTH, TO THE LOCATED ON THE CITY- OWNED THOMAS PROPERTY", SETTING FORTH THE TERMS AND CONDITIONS FOR THE GRANTING OF SUCH UNDERGROUND EASEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO GRANT SAID EASEMENT ON BEHALF OF THE CITY OF ASPEN was read by the city clerk ORDINANCE # 27 (Series of 1986) AN ORDINANCE APPROVING AN UNDERGROUND RIGHT-OF-WAY EASEMENT AGREEMENT BETWEEN HOLY CROSS ELECTRIC ASSOCIATION, INC. AND THE CITY OF ASPEN, COLORADO, PROVIDING FOR THE CONSTRUCTION, REPAIR, MAINTENANCE AND OPERATION OF AN UNDERGROUND ELECTRIC TRANSMISSION OR DISTRIBUTION LINE, OR BOTH, TO THE LOCATED ON THE CITY- OWNED "MAROLT PROPERTY", SETTING FORTH THE TERMS AND CONDITIONS FOR THE GRANTING OF SUCH UNDERGROUND EASEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO GRANT SAID EASEMENT ON BEHALF OF THE CITY OF ASPEN was read by the city cl e r k Councilman Isaac asked why Holy Cross is not paying for these easements. Acting City Manager Mitchell told Council Holy Cross is doing undergrounding in the west end and in the Shadow mountain area, which will provide a second feed to the city. Holy Cross has been cooperating in the undergrounding project and have indicated a willingness to cooperate in the future. Mitchell told Council Aspen only has one line coming in, and if it should go down, the electric department would have to find an alternate feed. Jay Hammond, engineering department, told Council part of the agreement will be that routing and vault locations will be subject to the city's approval. Hammond said he will also include a requirement for new locations of the facilities if necessary to accommodate any future city projects. Councilman Isaac moved to adopt Ordinance #25, Series of 1986 on first reading; seconded by Councilman Collins. Roll call vote; 14 Re~n-lar-- -- Councilmembers Isaac, yes; Fallin, yes; Walls, yes; Collins, yes; Mayor Stirling, yes. Motion carried. Councilman Isaac moved to adopt Ordinance X26, Series of 1986 on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, yes; Walls, yes; Fallin, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Councilman Isaac moved to adopt Ordinance X27, Series of 1986 on first reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Walls, yes; Fallin, yes; Collins, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ~ --- ~~, ~~~ - - Re-establishing the CCLC Councilwoman Fallin moved to read Ordinance X24, Seri es of 1986; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #24 (Series of 1986) AN ORDINANCE APPROVING AN AMENDED AND RENEWED TERM OF OPERATION FOR THE COMMERCIAL CORE AND LODGING AREA COMMISSION UNTIL DECEMBER 31, 1991, DESCRIBING THE COMPOSITION, TERM AND QUAL IFICATION OF COMMISS ION MEMBERS; THEIR POWERS AND DUTIES, PROVIDING FOR APPEALS BY PERSONS AGGRIEVED BY ACTIONS OF THE COMMERCIAL CORE AND LODGING AREA COMMISSION AND ESTABLISHING RULES O F PROCEDURE TO BE FOLLOWED BY THE COMMERCIAL CORE AND LODGING AREA COMMISSION IN Exercising ITS FUNCTIONS was read by the city clerk Councilman Isaac moved to adopt Ordinance #24, Series of 1986, on first reading; seconded Councilwoman Fallin. Roll call vote; Councilmembers Fallin, yes; Collins, yes; Walls, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. Mayor Stirling said an official delegation has been formed to visit Chamonix to further the Sister City program, and will be lead by Mayor Pro Tem Charlotte Walls. Also going on the visit are the Chairman of the ARA, Molly Campbell ; a member of the Lodging Association, and representatives of the two skiing companies. Mayor Stirling requested Council allocate X2,000 for the city's representative as well as a contribution to the ARA's representative. Mayor Stirling said the ARA is working on getting reduced fares. Councilwoman Walls said it is important that the ARA be able to go on this trip as they are working on agreements with Sister Cities. Acting City Manager Mitchell said 15 . ~ ~ ~. the Council budget is on line for the first six months. There is $7500 in the contingency budget. Mayor Stirling moved to allocate from the 1986 contingency fund up to $2,000 to cover transportation for the city's representative and a further contribution, if necessary, to the ARA representative; seconded by Councilwoman Fallin. Councilman Collins said he is concerned about funding the ARA representative. Councilwoman Walls said they did not ask for this funding. Mayor Stirling said the ARA has been very generous in the sponsorship of delegations coming to town, in housing and meals. The city has not spent a lot of money entertaining visiting delegations. All in favor, motion carried. H6f~fiTC ~ A-~ Elyse E11 iott, engineering department, reminded Council they have reviewed the final design for the lighting projects. Ms. Elliott requested Council allocate $950 ,000 for this project and to approve contracts for trenching, asphalt and electric. City Attorney Taddune said Waffensmith filed a protest stating both bidders are responsible contractors and the Council is obligated under the law to award to the lowest bidder. Taddune said there i s some latitude for Council to award a contract and they don' t always have to take the lowest responsible bidder. Taddune said the guidance i s the state statute and the definition of "responsible" in a state supreme court of 1913. Taddune said in this situation, if Council does not award to the lowest bidder, there may be a court case. Taddune suggested Council read the letter form Waffensmith and delay the decision on this contract until next Monday. Ms. E11 iott told Council the electric work is the last phase of this project. Gary Plumley, chairman of CCLC, said they do not have a preference on contractors. Councilwoman Fallin said she feels whenever possible the bid should be given to local contractors. Ms. Elliott told Council there are other municipalities that have local preference ordinances for contractors. Council said they would be interested in exploring that approach. Ms. Elliott told Council staff chose Valley Service because their work in the valley has been excellent. Mayor Stirling moved to grant the contracts for trenching to New Electric and for asphalt and sidewalk to Elam Construction, and to continue the decision on the electric contract to July 21, 1986; seconded by Councilwoman Fallin. All in favor, motion carried. 16 P~cttri~ar-~ -~rs~-rr~tv--~o~airci~__ ~-~~criv~-1~:--1 Raren Troobnick has brought up a problem with the Volk property construction and tourists not going east of the barricade. The proposal is for a temporary graphic to indicate there are businesses east of this corner. Ms. Troobnick told Council she has spoken to business owners east of the construction whose business is unusually down. Ms. Troobnick showed a sketch of a graphic to benefit the stores to the east of the barricade. Mayor Stirling suggested this be reviewed by the CCLC. Ms. Troobnick said this is temporary and will help businesses and sales tax revenues. City Attorney Taddune said the recommendation from the planning off ice is to allow this temporary sign, and there has been some precedence for graphics on buildings. Mayor Stirling moved to refer this to the CCLC for this to act on this, and there is support from Council for this sign; seconded by Councilman Isaac. Plumley, CCLC, said the city's sign code was supposed to be revised two years ago. Plumley said he has asked the staff for copies of the re-draft and have not been able to get them. Mayor Stirling asked Acting City Manager Mitchell to follow up on this. All in favor, with the exception of Councilmembers Fallin and Walls. Motion carried. Councilwoman Fallin said the Council should not pass this to another Commission; it is the Council's responsibility. The barricades are encroaching on city property. The CCLC does not approve signs or graphics for other businesses. Mayor Stirling moved to reconsider; seconded by Councilman Collins. All in favor, motion carried. Councilwoman Fallin moved to grant permission to put a graphic on the construction barrier around the Volk property; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Isaac. Motion carried. Councilwoman Fallin moved to approve the consent agenda; seconded by Councilman Collins. The consent agenda is minutes - May 27, June 2 , 1986 , Special event permit Colorado Community health; liquor license renewal - Molly Gibson Lodge. All in favor, motion carried. 17 Councilwoman Walls moved to continue the meeting to July 21 to cover the information items and the electric contract; seconded by Councilman Collins. All in favor, with the exception of Councilman Isaac. Motion carried. Mayor Stirling moved to appoint Councilman Collins to work on negotiations for the city manager contract; seconded by Councilwoman Walls. All in favor, motion carried. Council asked for a list of costs to bring the duplex on Cemetery Lane up to standards. Mayor Stirling said every Council person should review the city manager's contract. Councilman Isaac said he would like to know what decisions will be made on the maintenance facility. Jay Hammond, engineering department, said the Council needs to make a commitment to look at sites in the city for a maintenance facility, and how to direct Pitkin County to proceed with their maintenance facility. Councilman Isaac said he is in favor of having the maintenance part of the city's operation in a joint facility and a location within city limits for storage of vehicles. Hammond said that is in keeping with the consultant's recommendation. Councilman Isaac said he would like a joint maintenance facility to be a minimum size. Bruce Vandergraw told Council the County Commissioners extended the decision on this until next Monday. Vandergraw said for funding this each entity's mill levy will be increased 2.2 mills. Council will have more information for the July 21st meeting. Council left Chambers at 9:15 p.m. Kathryn S. och, City Clerk 18 in the public rights- Mayor Stirling moved that the laaecondedgby Councilwoman Fallin. of-way be bonded to 125 percent; All in favor, motion carried. man said the attorney's office has changes to tment a eai nt Rich and asked Council if they want to croachments areferred to are Mayor Stirling ask arve tsaidethey plan some planters on Mill existing or are new. Y treet to soften the addition. There are some exieaito movesthe s new encroachments. Harvey said t re oex elor ing whether these can transformer and generator; they a P be moved. If they cannot, they will soundproof s aceashouldebe them. Councilman Collins saidC de statesothat open space can public space. Richman said the nced. Harvey said he would like the open spather than be f e rov als in this process ra applicable to the specific app " -a licable Code provisions" . Harvey said they tim the the then pp is written, he would have to change thmended heaandetheyapplicant City changes the Code. Taddune recom edraft the agreement and bring it to the next Council meeting. r uncilman Collins requested a change in #11, PeriodiCouncilwif Co that the planning office will report to P & Z and Ci Y said there are changes. Harvey said that, change action schedule when the applicant will provide a specCounc lman Collins said many of they obtain a building permit. the thin s in the agreement are subject to review by the city 9 en sneer, and suggested there be another person on staf o 9 review these items. or Stirling moved to continue this to July 28; seconded by May Councilman Isaac. All in favor, motion carried. 1-9-5'S--F~A~~A~- Jerr Alger, Grant Thornton auditors, said thcitt d d get Y Alger said the Y responded to their recommendations. a clean opinion. Alger said 1985 is very close toeshofpthercity, in operating factors, which is one o°fn the The ecity' s revenues are to keep a stable financial posits airl stable. The city has the capability ,to meet inei ind the f y obligations in the next few years. Ther owed i r ovements over payment schedules. The enterprise funds sh P the ast year. Alger said the city should continu ecommendedoa P Ma or Stirling said the auditors have r the budget. Y Alger recommended new position be created, an internal auditor• be potential for a the city look at this possibility, there may a back opportunity in sales tax audits, internal hares akna lysis P Y Cindy Shafer, finance director, said staff will o 6