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HomeMy WebLinkAboutminutes.council.19831227~gu~ar ~v~eeslng Aspen ~lty uouncli December 27, £9~3 JOINT MEETING WITH COUNTY COMMISSIONERS Commissioner Madsen called the meeting to order at 4:10 p.m. with Commissioners Blake, Kinsley, Child and Klanderud and Councilmembers Blomquist, Knecht and Mayor Stirling present. 1. Ruedi Hydropower Project. Mark Fuller reminded the Boards there were some questions raised at the last meeting. The most problematic was the liability and warranty provisions. There have been revisions to the contract to the satisfaction of staff. G.E. has assumed an open ended liability on any three party claims arising from construction of the power plant. A third party is anyone who is not a signatory to the contract. Claims brought by the city or county are limited to the amount of the contract, the tiabitity~has ~been extended to four years after the expiration of the warranty. Fuller told the Boards that G.E. will not be liable for consequential damages; they will not assume liability for the reliability of the electric system beyond the point where they deliver electricy~to the system. The city and county need to provide themselves with insurance for the physical plant beyond the end of the warranty period and for consequential damages. Commissioner Madsen~questioned the minority businesses enterprises. Fuller said he feels it is higher priority for the city and county to employe local contractors than minorities as the expense of local contractors. However, this is an official policy of the county so it was put in the resolution in terms of best effort rather than quota or goals. Mayor Stirling asked how much incentive there is for early completion. Fuller said it is 2 cents per kilowatt hour produced, which is half of the gross revenue. Fuller said if the facility would produce power before the time the city and county are liable for debt service payments, the city and county would turn over to G.E. what they would have been making in debt service payments. Fuller said since G.E. is liable for liquidated damages of they are late, the staff felt they should be offered an incentive if they are early. Tom Smith, county attorney, said the staff, G.E. and Sheaffer and Roland spent alot of time going over this and feel these provisions the city and county can live with. Jay Calvarese said the staff has not got an exact dollar price on the insurance. There is liability insurance and property owners insurance to cover the city and county for any suits from customers for a loss of service. There will be a substitute service with another company for back up. smith said G,E.s~exposure~is~greater than when negotiations were started. There is a one year warrantly period, in which G.E. is liable regardless of the cause of the breakdown up to the contract price. After that point. G.E.s exposure is for a period of five years. Mayor Stirling said one of the questions raised at the last meeting was the appreciation of power rates, and whether the city and county could rely on that. Fuller said even if all bond payments were made equally over the life of the bond, the cost of Ruedi power would be highly competitive and with the Nebraska power, it will be below the cost of PSCo power. Fuller outlined the other changes. Page 00700-17 paragraph 1.18B will ready "The preceding paragraph sets forth the exclusive remedies for claims (except as to title) based on defect in or failiure of products or services within the warranty period . Upon the expiration of the warranty period, all such liability under the warranty shall terminate " Fuller said this clarifies this is a limitation on the claims available under the warranty and not under common law practices. Fuller pointed out another change on page 00700-20 new paragraph 1.25, adding to the last sentences in the first paragraph" . . such liability shall terminate 4 years after the expiration of the warranty period specified in the Article Title One upon the . " Council will adopt the G.E. contract under Ordinance #76, Series of 1983. Commissioner Child moved to approve the G.E. contract; seconded by Commissioner Blake. All in favor, motion carried. Fuller brought up the Sheaffer & Roland contract, which has been amended, to provide further detail as to what work will be done by whom and at what price. Some language has been aded to clarify the role of the engineer and coordination between the engineer, owner and contractor. This amendment provides for a cost control plan, monthy report, detailed projectl schedule, project management plan. This provides for veto power by the owner over the resident engineer. This references the contract documents for design and construction, and the mutual determination to reduce costs on this consulting contract. Fuller said the project engineers will have authority over the site but they are working for the city and county as owners of the project. Fuller said amendment have been added at staff's suggestion. Fuller said staff has made independent inquirires of people with no direct interest in this, and have gotten confir- mation that the price is very reasonable. Fuller pointed out this is an unusually complex project and that is reflected in the cost of engineering. Sheaffer and Roland has performed these tasks with a high degree of competence and effectiveness. Curt Stewart, county manager, said the county engineers feel the price is too high; they fet a project requiring two managers to watch the workers is excessive. Commissioner Kinsley agreed two managers seems like a lot, given the fact that G.E. seems to be guaranteeing the project. Kinsley asked why this engineering contract was not bid out. Fuller said this is an addendum to an existing contract. If it had been bid, it should have been bid in December of 1981 when the original contract was entered into. These are phase 3 and 4 of a contract already signed. Fuller said Sheaffer and Roland have developed expertise on this project on work from the very beginning. Fuller said this makes them a valuable part of the team. Fuller said if this contract were to be bid, and the bid came in lower, the same amount of money may be spent bringing a new firm up to speed. John Musick told Council Bob McGrsgor from S & R, was retained by the city and county in 1974 to represent their interest in litigation against Twin Lakes. McGregor has worked specifically for the city and county in water related interest, and brings a lot of experience, especially on Ruedi. Musick said McGregor is the city and county's represen- tative. Musick said he does not thinkg McGregor's expertise could be replaced in dealing with the BOR or FERC at this point. Madsen questioned the engineering part being 9 per cent of the contract and asked if that is reasonable. Musick said in his experience it runs from 10 per cent to higher. Stewart said the issue is procurement policy and the project is using city money at the outset. There is a contract with Sheaffer and Roland and none of it has been done competitively. Stewart said the county's procurement manual will not allow them to go sole source. Stewart said the staff has constructed accounting procedures to force Sheaffer and Roland to justify any expenditures up to the $265,000. Councilman Blomquist asked what it would cost in time to modify the procedures and go to a bid. Fuller said that is not being recommended. This procedure would take several weeks and it is difficult to say what effect that would have. Councilman Blomquist said he is not uncomfortable with doubling up on inspections on projects like this. Councilman Blomquist said he is comfortable with the way this is set up. Councilman Knecht said continuity of engineering services is one of the most importan~ things in a project like this. Councilman Knecht said the city and county should continue with Sheaffer and Roland.. Commissioner Blake moved to approve the Sheaffer and Rolad contract; seconded by Commissioner Child. All in favor, with the exception of Commissioner Kinsley. All in favor, motion carried. 2. Roaring Fork Transit Agency Budget. Blake said the county approved the budget for two months so that the Boards will have the chance to absorb and review the budget and the transit agency can get operation. This should be reviewed an approved before February. Greg Fiztpatrick said this budget does not reflect the drivers wages because the contract with the Skiin Company was not signed; it is not signed. Ms. Klanderud pointed out that the transit agency was only able to approve the budget this day. Stewart said the Boards should approve this until February 1, to give staff and the Boards time Go review the budget. Commissioner Blake moved to approve the Roaring Fork Transit Agency budget with a sunset clause of February 1, 1984; seconded by Commissioner Klanderud. All in favor, motion carried. Councilman Knecht moved to approve the Roaring Fork Transit Agency budget with a sunset clause of February 1, 1984; seconded by Councilman Blomquist. All in favor, motion carried. COUNCIL MEETING City Attorney Taddune explained there are only three Councilmember present, which does constitute a quorum; however, the Charter requires a majority of the entire Council voting in favor for second passage of ordinances. Councilman Knecht suggested that all five members should be present for the time sharing ordinances; other Council agreed. Council decided to put off the cable television ordinance, the planning office fees for 1984 and the Ice Garden. Council agreed they were okay on the Ruedi contracts. CITIZEN PARTICIPATION 1. Bonnie Bishop, president of the American Theatre Company in Aspen, read a letter to Council. "Aspen as we all know is unique because of skiing and because it is a world renown cultural center in the summer. It is not just one form of art, but all forms; Institute of Humansitic Studies, Music Associates of Aspen, Ballet Aspen, Visual Arts Center and the American Theatre Company to name a few. The American Theatre Company is the only artistic group that does not have a home for their summer season in Aspen. With- out theatre there is a void in the whole cultural experience. It is wonderful that the Wheeler Opera House, refurbished with tax payers dollars, will soon be available. However, the majority of the community is absolutely unaware that during 9 weeks prime time of the summer cultural activity, the Wheeler Opera House will be occupied solely by only 1 organization, (the M.A.A. who already occupy other establishments) for 16 years with options to revew. It was only recently since I took the office of president of the American Theatre Company, that I was told that the Music Associates paid $250,000 for the orchestra pit and other construction costs in exchange for the 9 weeks of summer use. Several weeks ago I brought and read a letter to the Wheeler Board of Directors. I was told most emphat- ically that the case was closed. They were very sorry that we did not have a place to present theatre for 2 weeks in spite of the fact that we, The American Theatre Company, offered to pay a share of the M.A.A. construction costs to insure 2 weeks at the Wheeler at times determined by the Music Associates. This decision that the M.A.A. should occupy the Wheeler for 9 weeks for 16 years should certainly not be determined by a small group of people on the Wheeler Board. As this is a public facility, this decision, in all fairness to the peoples of Aspen should be made by the people of Aspen." 2. Ted Hartley, executive director of the American Theatre Company, said this is a matter which affects the rights of the citizens to the use and enjoyment of the Wheeler, which was paid for by tax revenues, and which threatens their opportunity to choose how they will enjoy the Aspen summer. Hartley said he is a great supporter of M.A.A. and enjoys their summer program. Hartley asked Council to reconsider their decision to award occupancy of the Wheeler to the exclusion of all other tenants. Hartley suggested Council reevaluate this decision. Hartley said by denying access to the only available performing stage, the City would prevent performance of stage plays, legitimate theatre, etc. Hartley said the lease is on a long term basis with options to renew to one tenant at no rent in exchange for a payment of $250,000. Hartley said he did not believe this deal is in the best interests of the citizens and not for the broader cultural interests of Aspen. Hartley said the Thsatre Company has explored other alternative. They appeared before the Wheeler Board. The Theatre Company discussed their problem with the M.A.A. who said they had no interest in sharing the Wheeler. Hartley said the nature of professional theatre is that it must draw large audiences to survive. The summer offers the opportunity for full scale theatre or musical comedy. Hartley said the Theatre Company is proposing this summer a major conference and would like to produce two weeks of theatre. Hartley asked that Council open this matter to the examination of the citizen of Aspen and not pin the success of the Wheeler on one tenat. ~egu±ar ~ee~lng Aspen City Council December 27, 1983 COUNCILMEMBER COMMENTS 1. Councilman Knecht thanked the street department for the great work they have done during this season. Councilman Knecht said he is pleased with the condition of the streets. 2. Councilman Knecht asked planning office for a report on the Pitkin Reserve project. Colette Penne, planning office, told Council the staff has prepared a letter about this, researching the approvals and compliance with what has been done so far. Ms. Penne said she would give Council a copy. 3. Councilman Knecht said the flags in Chambers are missing and it would be nice to have them replaced. 4. Mayor Stirling noted the ARA efforts along with the RFTA in dispatching buses to pick up skiers. Mayor Stirling said he met with Commissioner Madsen and Spence Videon of the ARA, to discuss contingency plans of improving skier and luggage movement. Mayor Stirling said the ARA is doing a great job, and appreciates the RFTA getting into the action. ORDINANCE #80, SERIES OF 1983 - Ruedi Bond Sales Councilman Knecht moved to add Ordinance #80, Series of 1983, to the agenda; seconded by Councilman Blomquist. All in favor, motion carried. Councilman Blomquist moved to read Ordinance #80, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #80 (Series of 1983~ AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ASPEN, COLORADO, OF ITS GENERAL OBLIGATION ELECTRIC BONDS (RUEDI HYDROELECTRIC GENERATING PROJECT) SERIES 1984 IN THE PRINCIPAL AMOUNT OF $4,500,000 FOR THE PURPOSE OF PROVIDING FUNDS FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN HYDROELECTRIC GENERATING FACILITIES, TOGETHER WITH ALL NECESSARY INCIDENTAL AND APPURTENANT COSTS AND EXEPENSES IN CONNECTION THEREWITH; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE SALE OF SAID BONDS; PROVIDING A PLEDGE OF THE FULL FAITH AND CREDIT OF THE CITY AS SECURITY FOR SAID BONDS; APPOINTING A PAYING AGENT FOR SAID BONDS; AND PROVIDING OTHER DETAILS IN CONNECTION WITH SAID BONDS was read by the city clerk Councilman Blomquist moved to adopt Ordinance #80, Series of 1983 on first reading; seconded by Councilman Knecht. Mayor Stirling said he has problems with this because the issuance of $4,500,000 worth of bonds is not something Council should do without approval from the votes. Mayor Stirling said there has been an analysis of this proposal in terms of how much money it will cost to delay it. Assistant City Manager Ron Mitchell said the analysis indicated a 90 day delay would cost between $200,000 to $500,000. City Attorney Taddune said he would like to see this ordinance moved on to the public hearing stage. Taddune said he would like to avoid any legal uncertainly and have all members vote in favor of this ordinance at first reading. Bil Dunaway sand he supports going to the electorate; however, this has been planned for two years and the city has known about the bond issue for that time. Dunaway said at the laSt meeting, it was pointed out how much revenue would be lost in delaying and not starting construction. Mike Otte asked staff if they were satisfied there will be adequate water available to turn the turbines for the next 16 years. John Musick Said there is a detailed engineering study available showing at the lowest amount of water released, the city can pay off the bonds and have a positive cash flow. Councilman Blomquist said the city is looking at a quarter to a half a million dollar loss if this is delayed. Council is trying to cut 5 per cent off the budget and will be spending 5 to 20 per cent more if the project is delayed. Roll call vote; Councilmembers Knecht, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ARTS WEST City Attorney Taddune said Arts West has spent a lot of time on the best way to approach this from their and the city's point of view. Arts West has presented an outline of a question for public vote. Jeff Sachs, legal committee of the Board of Arts West; said the legal committee put this outline together to focus on what the issues would be presented to the electorate. Arts West feels they have to go to the electorate to get a clear mandate on putting the project together. The outline presents a way for Arts West to proceed as a draft of an ordinance. Arts West would work with the city attorney's office to put together a final ordinance for ultimate submittal to the voters. Sachs said an alternative is to do an initiative petition, but then the ordinance could not be refined by Council. Taddune said this is a project of such magnitude it would benefit the city and Arts West to submit it to a vote. This would get the uncertainties about the project out of the way. Sachs said Arts West will be raising a lot of money in donations. Without a public mandate by vote to indicate the community is behind this project, it would hinder the ability to raise millions of dollars. Sachs said they would like a definitive ordinance that, hopefully, will be passed by the electorate to show a consensus. Mayor Stirling agreed with this analysis and is glad Arts West is going to take this step. Regular Meeting Aspen c~ty Council ~ecmeDer z/, ~j Councilman Blomquist asked if the city were able to give clear title to the land, would a vote be necessary. Sachs said the public vote would help in getting outside funds to show community support. Sachs said even if the city could give clear title, the minor amount of adjacent land required for the project does have some open space implications that should be resolved by public vote. Sachs said the fee simple way is the easiest way to get construction loans. A lease would complicate the construction/lender process. Taddune said outright conveyance to Arts West would contain some reversion language, if this is not used as a performing arts center, it would revert back to the city. Councilman Knecht asked if the question regarding the relocation of Cap's Auto Store had not already been answered in a previous election. Sachs said this question has to be part of the ordinance. Councilman Knecht moved to instruct counsel to coordinate with counsel for Arts West to come up with an ordinance for first reading as soon as possible; seconded by Councilman Blomquist. Mitchell pointed out there are other issues that will be going to a vote, like cable TV and capital improvements. Council may want to coordinate these issues rather than having a couple of elections. Alot will depend on the timing for each issue. Mayor Stirling asked if Arts West would pay for the election. Sachs said it may be worth it to pay for the election and may be part of the project. All in favor, motion carried. 1984 LODGE GMP APPEAL Sunny Vann, planning director, said the appellant is not present. Mayor Stirling pointed out in a letter from Wright Hugus dated December 23, stating neither the appellant, Lyle Reeder or Hugus made an agreement to push the allotment beyond January 1. Neither Hugus nor Reeder were present. City Attorney Taddune requested this be moved to the end of the agenda. Taddune said the letter Mayor Stirling referred to was in response to what Taddune thought was a clear oral understanding that the Reeder project would not object to the GMP being awarded beyond January 1, 1984. Taddune said the letter is not in line with what the understanding was. Councilman Blomquist moved to delay this item to the end of the agenda; seconded by Council- man Knecht. All in favor, motion carried. ORDINANCE ~55, SERIS OF 1983 - Time Share Changes Councilman Blomquist moved to table Ordinance #55, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Aspen Mine Company Councilman Blomquist moved to approve the transfer of L.A.B. Services Inc. d/b/a The Mine Company to Aspen Mine Company Ltd d/b/a Aspen Mine Company; seconded by Councilman Knecht. All in favor, motion carried. LIQUOR LICENSE TRANSFER - The Souper Councilman Knecht moved to approve the trasnfer of the Souper liquor license to Aspen Restaurant Corporation d/b/a the Souper; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE #78, SERIES OF 1983 - Towing Agreement Councilman Knecht moved to read Ordinance ~78, Series of 1983; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE ~78 (Series of 1983) AN ORDINANCE APPROVING AND RATIFYING A CONTRACT (ANNEXED HERETO AS EXHIBIT "A" BETWEEN THE CITY OF ASPEN AND BASALT 66, INC. INC, d/b/a DILLINGHAM'S TWOING FOR DILLINGHAM'S TO PROVIDE TOWING SERVICES TO AND FOR THE CITY was read by the city clerk Councilman Knecht moved to adopt Ordinance ~78, Series of 1983, on first reading; seconded by Councilman Blomquist. Assistant City Manager Ron Mitchell told Council there was a contract signed just before Christmas and Dillingham's has been doing the towing for about a week and e half. The police will be releasing cars, and overseeing the program. The policy department will be doing the contract administration. Mayor Stirling asked what is the role of the streets department. Mitchell said the streets department will notify the policy when they are going to be plowing in the core area. The contract states that Dillingham's will have two vehicles on call during that time period. Dillingham's is required also to tow for traffic control as well as courtesy tows. Mayor Stifling asked if this was bid out. Mitchell said two people were interested; one found out they could not handle the job. Dillingham's is the only one interested and that has the equipment availab.e Mitchell told Council Dillingham's purchased one of the city tow trucks; one was sold to Snowmass and one was kep for in-house purposes. Mitchell said bids were taken for the tow trucks. Mayor Stirling said he feels transferring this to a subcontractor is a great idea. Mitchell said he feels with will improve the city's liability, which was one of the highest instance previously. Councilman Knecht asked about the impound lot. Mitchel said it is Dillingham's responsibility to maintain and keep secure the impound lot. Councilman Blomquist suggested adding removal of snow in the impound lot to the contract. Roll call vote; Councilmembers Knecht, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ~egu±ar ~eeLlng Aspen ~lty ~ouncl£ December z/, ORDINANCE ~79, SERIES OF 1983 - Snow Removal Councilman Blomquist moved to read Ordinance #79, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #79 (Series of 1983) AN ORDINANCE AMENDING CHAPTER 19 OF THE ASPEN MUNICIPAL CODE ENTITILED "STREETS SIDEWALKS AND OTHER PUBLIC PROPERTY" BY THE REPLEA AND REENACTMENT OF SECTION 19-13 ENTITLED "RESPONSIBILITY FOR REMOVAL OF ICE AND SNOW FROM SIDEWALK" WHICH AMENDMENT SETS FORTH THE JOINT AND SEVERAL RESPONSIBILITY OF THE OWNER AND/OR OCCUPIER OF LAND FRONTED BY A SIDEWALK WITHIN THE CITY OF ASPEN FOR THE REMOVAL OF ICE AND SNOW THEREFROM; DECLARING IT TO BE UNLAWFUL NOT TO COMPLY WITH THE RESPONSIBILITY AND THEREBY SETTING FORTH FINES AND PENALTIES; AND EXPRESSLY AUTHORIZING THE CITY, UPON NON COMPLIANCE OF AN OWNER AND/OR OCCUPIER WITH THE SAID RESPONSIBILITY, IN ADDITION TO THE FINES AND PENALTIES, TO REMOVE THE SNOW AND ICE AND CHARGE THE COSTS OF SUCH REMOVAL TO THE OWNER AND/OR OCCUPIER AND TO COLLECT THOSE COSTS AGAINST THE PERSONS (S), THE PROPERTY OR BY LIEN AGAINST THE PROPERTY; AND AMENDING SECTION 13-97 OF THE MUNICIPAL CODE ENTITLED "NUISANCES DECALRED" BY THE ADDITION OF SECTION 13-97(f) ESTABLISHING ACCUMULATED ICE AND SNOW AS A NUISANCE was read by the city clerk Councilman Knecht moved to adopt Ordinance #79, Series of 1983, on first reading; seconde by Councilman Blomquist. d Councilman Blomquist said the five days written notice does not work during a snow fall. The storm is long gone by the time it is enforced. Councilman Blomquist said he would like to see a written ticket to someone specific, immediately. Councilman Blomquist said businesses should register who their responsible party is. Mitchell pointed out the current ordinance requires the snow to be cleared 12 hours after the snow is stopped; this winter the snow has not stopped. The police department and attorneys office have presented a very strict ordinance. This is approaching trying to correct some of the problems from the past. Taddune pointed out the five day item is that if a business does not remove its snow, the city can go in and do it and charge the business. Councilman Blomquist said he would like to consider an improvement district with the city doing the snow removal and have it paid for the the business owners. Mayor Stirling asked what the snow removal budget is now. Mitchell ~said it is at least $85,000 and the parks director estimated doing this in the downtown area to be over $200,000. Mayor Stirling said he had a problem with some people getting the service of snow removal and some not, depending on where they are~ located. City Attorney Taddune said he will review the ordinance and Council's comments before second reading. Roll call vote; Councilmembers Blomquist aye; Knecht, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~58, SERIES OF 1983 - Time Share Changes Mayor Stirling opened the public hearing. Council said earlier they wanted to wait until the entire Council was present. Mayor Stirling continued the public hearing. Councilman Blomquist moved to table Ordinance ~58, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE 964, SERIES OP 1983 - Cable Television Mayor Stirling opened the public hearing. Councilman Blomquist moved to continue the public hearing and table Ordinance 964, Series of 1983; seconded by Councilman Knecht. Councilman Blomquist said he would like to know what types of consumer protection there are, what the consumer can expect. Councilman Blomquist said he would also like to go over the last part of the ordinance, which was not covered in the ordinance. Si questioned the proper role of the city, there is a clause that the city will approve programming, and questioned if that were proper. Mitchell~.<said he did not recall that the city will specifically approve programming. The discussion was about two channels for community television. Mayor Stirling said staff will tightened up the language. Si asked if Canyon Cable was committed to continuous providing of FM radio on the cable. Kelly Bloomer said they were. Si said there is no mention in the ordinance of radio, and if they are providing radio, it would be fair to set a similar commitment with respect to non-commercial radio as well. as non-commercial television. Ron Mitchell said this topic was deferred until a specific permit is applied for. Bloomer suggested adding language about the cable also carrying AM or FM channels. Si said he felt radio should be acknowledged as having value for fine arts and music. Council scheduled a work session with the cable committee for January 3, 1984, at 4:00. All in favor, motion carried. ORDINANCE ~67, SERIES OF 1983 - MAA/Wheeler Lease Mayor Stirling opened the public hearing. Councilman Knecht moved to continue the public hearing and table the Ordinance to January 9, 1984; seconded by Councilman Blomquist. All in favor, motion carried. Regular Meeting Aspen Cit~ ~o~ December 27, 1983 ORDINANCE #71, SERIES OF 1983 - Planning Office Pees for 1984 Mayor Stifling opened the public hearing. Councilman Blomquist moved to continue the public hearing and table the Ordinance until January 9, 1984; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~72, SERIES OF 1983 - Worker's Compensation Insurance Mayor Stirling opened the public hearing. Assistant City Manager Ron Mitchell told Council the city has the opportunity to join CIRSA to save $30,000 annually in insurance premiums. Mitchell said at this point, the funding pool does not have the entire commitment. The city will have to buy coverage from the state until there is $750,000 in the funding pool. Mayor Stirling asked about the transit agency. Mitchell said the RFTA Board has approved their purchasing the worker's compensation through the same program and they will pay $22,000 of the premiums. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt Ordinance #72, Series of 1983; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~73, SERIES OP 1983 - Appropriations Mayor Stirling opened the public hearing. There were no comment. Mayor Stirling closed the public hearing. Councilman Knecht moved to adopt Ordinance #73, Series of 1983, on second reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Blomquist, aye; Knecht, aye; Mayor Stirling, aye. Motion carried. ORDINANCE #74, SERIES OF 1983 - Animal Shelter Contract Mayor Stirling opened the public hearing. Bill Tuite, finance department, told Council there is a three month interim contract with Steve Shubert to insure the city has a contract after January 1. This will give staff time t~ negotiate with Shubert. Councilman Blomquist moved to continue the public hearing and table Ordinance ~74, Series of 1983, indefinitely; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #75, SERIES OF 1983 - Ice Garden Mayor Stirling opened the public hearing. John Kelly said if this ordinance to allow a reduction of fees for the junior hockey program does not have in 1983, it will damage what they need. Kelly said they need the benefits for this season. Mayor Stirling said this appropriation has already been approved by Council, pending passage of this ordinance. Mayor Stirling said this ordinance is taking money from the electric fund and shifting it to the ice garden. Mayor Stirling said this seems to be robbing an enterprise fund. The Council should make this a grant from the general fund. Ron Mitchell pointed out the general fund is providing administrative services to the ice garden without charging. Mitchell said the Blue Ribbon panel felt the electric fund should be used if it is good shape, or reduce electric rates. Mayor Stirling said where something is directly related to electricity, he is in favor of the electric fund being the source of revenue. Councilman Blomquist said the Ruedi project and the NMPP will net in two twos an extra million dollars to the electric fund, which will fund general fund projects. Councilman Blomquist said the city's power should be a source of revenue. Kelly said if this ordinance is not passed, the junior hockey will have to become a city program. Kelly said the kids cannot be charged any more. Councilman Knecht moved to adopt Ordinance ~75, Series of 1983; seconded by Councilman Blomquist. Roll call vote; Councilmembers Blomquist, aye; Knecht, aye; Mayor Stirling, aye~ Motion carried Mayor Stirling said the Council needs to follow up on how they want to proceed with the improvements for the rink. ORDINANCE #76, SERIES OF 1983 - Ruedi - GE Contract Mayor Stirling opened this public hearing. This is a contract with GE for the installation of a hydropower plant at Ruedi. There were no comments. Mayor Stirling closed the public hearing. Councilman Knecht moved to adopt Ordinance ~76, Series of 1983, on second reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Blomquist, aye; Knecht, aye; Mayor Stirling, aye. Motion carried. ORDINANCE #77, SERIES OF 1983 Ruedi - Sheaffer and Roland Contract Mayor Stirling opened the public hearing. This ordinance is for a contract with Sheaffer and Roland for the engineering of the Ruedi hydropower project. There Were no comments. Mayor Stirling closed the public hearing. Councilman Knecht moved to adopt Ordinance ~77, Series of 1983, on second reading; seconded by Councilman Blomquist. Roll ca-1 vote; Councilmembers Knecht, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ~gu~r ~ees~ng Aspen ~l~y ~ouncl± December ~/, £9~3 ORDINANCE ~81, SERIES OF 1983 - Smuggler Assessments Assistant City Manager Ron Mitchell told Council this ordinance will set up an improvement district with the ability to assess and to allow the city to charge up to 12.5 per cen~ for delinquents. Councilman Blomquist moved to read Ordinance ~81, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #81 (Series of 1983) AN ORDINANCE ASSESSING THE COST OF CERTAIN IMPROVEMENTS AGAINST THE OWNER OF PROPERTIES BENEFITTED BY THE CONSTRUCTION AND INSTALLATION THEREOF WITHIN ASPEN SPECIAL IMPROVEMENT DISTRICT NO. 1 was read by the city clerk Councilman Blomquist moved to adopt Ordinance #81, Series of 1983, on first reading; seconded by Councilman Knecht. Roll call vote; Councilmember Knecht, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. CITY'S ROLE IN TASK FORCE Mayor Stirling said he has not had a chance to refine the tasks of this task force. What they will be talking about is what is the city's role in the resort Aspen as well as the reality of sending buses to Grand Junction to pick up skiers. Mayor Stirling proposed a work session Thursday January 5, 1984 at 5 p.m. TROLLEY CARS Ron Mitchell told Council one of the conditions as part of the gift and the city writing to the IRS was that Michael Hernstadt would maintain the trolley cars. There have been complaints that the trolleys are deteriorating. Councilman Blomquist said Hernstadt gave the trolleys to help out the trolley car proponents. The city should find a place to put these trolleys in storage and make some decision about them. These are a property of the city. The trolleys can be sold. Mitchell told Council people have been prepared ~o make offers for these trolleys. When the issue has come to Council, the trolley proponents have argued against it. The decision has been put off 2 or 3 times. David White told Council the P & Z has just taken up the issue of transportation. White suggested the city store the trolleys so when P & Z has some recommendations, Council can then make a decision. Mayor Stirling said the trolleys are in bad shape and they should be moved. Wainwright Dawson said the trolleys are a valuable commodities and are quite beautiful. Dawson said he did not think the trolley system will happen in the near future. The trolleys should be taken care of and sold. Mayor Stirling proposed leaving them where they are until the bus facility is finished and see if aplace could be found for them. Council agreed with this proposal. CONSENT AGENDA Councilman Knecht moved to adopt the consent agenda; seconded by Councilman Blomquist. The consent agenda is (1) liquor license renewals - E'Wu's Paradis; Aspen Meadows; (2) Resolution #40, 1983, Deputy Municipal Judge/Roulhac Garn. All in favor, motion carried. 1984 LODGE GMP APPEAL Planning director, Sunny Vann, told Council he contacted the appellant, Lyle Reeder, by phone and Reeder told Vann his attorney advised him not to attend. City Attorney Taddune said there is a letter from Wright Hugus responding to a letter sent by Art Daily on behalf of the other project. Taddune sent a letter December 15th about the appeal stating Council may set an alternative date rather than this meeting, when more Councilmembers would be present. Taddune said he thought the appellant would be present at this meeting and perhaps request an alternative date. Taddune recoI~mended Council act separately on the appeal and the GMP allocation. Taddune said he thought there was a clear understanding between all parties in order to give consideration to the appeal and to the allocation, the Council would take as much time as reasonably necessary. Vann told Council Reeder has appealed the GMP scoring process. Each application is scored against a set of GMP criteria. There is a minimum points threshold an application must make in order to be eligible for a quota. The P & Z ranks the projects. If a project does not meet the quota, it is discounted from consideration. It is the responsibility of Council to allocate the available quota and to hear appeals if an applicant challenges P & Z scoring. There were two applications in the lodge competition; one project failed to meet the required 51 points, the Reeder project, and has been discontinued from any further consideration. Reeder then appealed; there are only two criteria on which one may appeal, the abuse of discretion by a P & Z member, or a denial of due process by the P & Z. Vann told Council the discretion of P & Z members with respect to a score given to the various criteria in the absence of any abuse of discretion, is not appealable. It is not the responsibility of Council to rescore the project because an application does not like the score. The applicant must demonstrate there was some abuse of discretion. The staff has reviewed the appeal. Vann said it is unorthodc~ as it challenges the scores granted to the other applicant rather than making a case for its own scores. The appeal also takes an attach at the GMP process in general. The staff is recommending to Council to decided whether a violation of due process occurred by P & Z which may have deprived the applicant to his right of due process. Another step for Council to decide is whether P & Z abused its discretion in not granting sufficient scoring to meet the threshold. The last decision is whether or not P & Z abused its discretion is granting too high a score to the competing project. Regular Meeting Aspen City Council DecemDer 2/, ±9~ Vann told Council, with respect to the due process issue, the planning office reviewed the record and their appears to be no irregularity in the record. Vann pointed out the appeal refers to no violation of due process. Councilman Blomquist pointed out the appeal says the planning office abused its discretion in scoring the application. Vann said the planning office has no authority to grant the final scores. Taddune said the scores were made of record and there was no objection made before the P & Z. Vann said the applicant was given the chance to present his project as well as provide additional material to clarify his project. Councilman Blomquist asked if the memoranda from the planning office to P & Z biased against the applicant's project. Vann said no. Councilman Blomquist asked if the P & Z abused its discretion in scoring the two applications. Taddune asked asked Council if they found the planning office abused its discretion in scoring the competing applications. Councilmembers Knecht, Blomquist and Mayor Stirling said no. Taddune asked Council if they felt the planning office in its memoranda to P & Z dated November 16, 22, 1983, conveyed information which was biased against the applicant's project in favor of the competing application. Councilmembers Knecht, Blomquist and Mayor Stirling all said no. Taddune asked Council if they felt the P & Z, relying on information from the planning office, abused its discretion in scoring the two applications and the action of the P & Z was violation of due process. Councilmembers Knecht, Blomquist and Mayor Stirling said no. Mayor Stirling asked if a small project was placed at a disadvantage under the GMP when competing against a much larger project. Vann said in GMP each project is scored against the criteria to get away from the comparative analysis between large and small project. Vann said a larger project may be able to offer more amenities; however, the amount of facilities required for a smaller project is not the same. The system is set up to favor the project that provides the most to the community. Mayor Stirling said he felt Aspen's character is a more decentralized, more intimate scale and that this process seems to favor larger projects. Vann said with the extra reviews required for larger projects, there is balance to the system. Vann told Council he has seen small project beat larger project. It can work both ways. Vann addressed the points in Hugus' letter for the record. Hugus has attacked the process in general as well as the score of the other project, as opposed to justifying why Reeder's scores should not be changed. Vann said Hugus asserts the planning office gave an unfair advantage to the larger project because it qualified as a PUD. Vann said a PUD designation does not guarantee anything to an applicant. The larger project requested to be treated as a PUD, and the applicant has to demonstrate it meets the PUD criteria. Vann said another point raised by Hugus is that a smaller project cannot compete with a larger project since points are awarded on a one to one basis. Vann stated this is not the case. The projectswere scored by different individuals on the planning staff, were then discussed by all staff, and a consensus on the scoring was reached. This is routinely done to remove possibility of bias. Projects are not scored comparatively but against the~ GMP criteria. The P & Z felt Reeder's project was substandard with respect to the amenities in comparison to the size of the lodge he was proposing. Vann said in the third point that the larger project should only be scored with respect to the number of units being competed for, the attorney misread the language of the criteria. The fourth point raised is that since the other project is the largest and most complex, Hugus feels there is no ability to compare it against the other project, and it should be considered as a separate project. Vann said the GMP process is set up to obtain the best project with the most facilities for this community. Point five has to do with the legal ability for the larger project to apply. Vann said the planning office was concerned about this in the beginning with the bankruptcy and the uncertainties. The city attorney requested information from the applicant to demonstrate proof of ownership and the ability to meet the city's requirement for GMP submission. The city attorney certified the submission had been met. In the sixth point, Hugus asserts the extent of the multi-year quota requested by the larger project would be in violation of the intent of the GMP competition. Vann pointed out that winning the competition does not grant the applicant anything other than the annual 35 unit quota available. The final point has to do with the city's granting an applicant, in general, the right to apply for development on city owned property. Vann said owners of other parcels hav~ to be co-applicants in the process. Hugus also contests the timing of Council's decision to do Ghat with respect to submission deadline for lodge GMP applications. Vann responded the city-owned lots are not part of the lodge application but part of a separate residential application filed December 1. These lots are part of the overall PUD but are not germaine to the scoring of the lodge portion of the project. Councilman Knecht moved to deny the appeal by Lyle Reeder; seconded by Councilman Blomquist. All in favor, motion carried. Councilman t~necht moved to adjourn at 8:00 p.m.; seconded by Councilman Blomquist. All in favor, motion carried. Kathryn/~. Koch, City Clerk Regular Meeting Aspen Cit~; Council January 9, 1984 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Stirling called the meeting to order at 4:05 p.m. with Commissioners Kl&nder~d, Child, Madsen, Kinsley, and Councilmembers Walls, Blomquist and Knecht present.