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HomeMy WebLinkAboutminutes.council.19860428Aspen City Council Regular Meeting April 28, 198 ORDINANCE #53, SERIES OF 1985 - Extending Little Nell SPA Boundary 1 ORDINANCE #11, SERIES OF 1986 - Reorganization 3 ORDINANCE #12, SERIES OF 1986 - Election precinct 4 ORDINANCE #13, SERIES OF 1986 - Purchase Shadow Mountain Block 47 4 REQUEST FOR ENCROACHMENT - Esprit 4 DISTRIBUTION OF OPEN SPACE SALES TAX FUNDS 5 MALL MAINTENANCE VERSUS EQUITABLE ASSESSMENT OF COSTS 5 DOWNTOWN DEVELOPMENT DISTRICT 6 RESOLUTION #11, SERIES OF 1986 - Supporting Aerobus 6 TRANSFER OF ASSET TO VERENA PROJECT 7 RESOLUTION #2, SERIES 1986 - Ballot Issues 7 BIODOME PROPOSAL _ 9 MAROON CREEK HYDROPOWER PROJECT 12 CONSULTANT SELECTION PROCEDURE 14 LIQUOR LICENSE TRANSFER ASIA, A CHINESE RESTAURANT 15 APT FOUNDATION REQUEST TO VEND 15 HOTEL JEROME PUD AMENDMENT 15 ORDINANCE #16, SERIES OF 1986 - Amending Use Tables 16 ORDINANCE #15, SERIES OF 1986 - Appropriations 16 CHARITABLE EXEMPTIONS FROM UTILITY CONNECT CHARGES 17 RESOLUTION #8, 1986 - Fees for Banners over Main Street 17 ASSESSMENT ENGINEERING CONTRACT lg GOLF TOURNAMENT CONTRACT 19 TOUCHE ROSS PRIVATIZATION REPORT 19 23 Aspen City Council Regular Meeting April 28, 1985 REQUEST TO USE PAEPCKE PARK BY FIGURE SKATING CLUB 19 ORDINANCE #14, SERIES OF 1986 - Rocky Mountain Natural Gas Franchise 19 BASALT BYPASS 20 TRENCHING CONTRACT 2 0 DOWNTOWN DEVELOPMENT DISTRICT 20 COUNCILMEMBER COMMENTS 21 24 Aspen City-Council Regular Meeting Ap~ri1 28, 1985 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Fallin, Walls, Isaac, and Collins present. CITI~ ENS COMMENTS 1. Steve Hansen, building the Esprit remodel of the Elk's building, requested Council add to their agenda an encroachment 1 icense . Elyse Elliott, engineering department, told Council construction on this building cannot continue until they receive an encroachment license. Ms. Elliott told Council these are historic encroachments, and they will be made safer and in compliance . Mayor Stirling moved to add this to the agenda at VI.aa; seconded by Councilman I saac . Councilwoman Fallin asked why this was not requested when the building plans were submitted. Ms. Elliott told Council there was confusion as to who was responsible for this. All in favor, with the exception of Councilmembers Fallin and Walls. Motion carried. 2. Craig Ward, representing the Nordic council, requested Council look at the lease for the trolley at Rubey park. Ward said they feels this is a very vital center for Nordic information. Ward pointed out the renewable lease with the city requires the lessee to maintain, repair and keep the area in good shape. Ward said the lessee is operating a lawn maintenance service out of the trolley, is not within the intended uses. The Nordic council is requesting to be able to use this space in a more public oriented fashion. Mayor Stirling requested staf f look into this and return to Council on May 12 . City Manage r Schilling suggested contacting the present occupant indicating that the city is looking at this space, as well as having the Nordic council submit a letter of interest. 3. Assistant City Manager Mitchell requested Council add to the agenda the award of a trenching contract for undergrounding, and table it to May 5. Council added this to their agenda as item VI w. ORDINANCE #_53 , SERIES OF 1985 - Extending Little Nell SPA Boundary Mayor Stirling opened the public hearing Alan Richman, planning director, reminded Council this was tabled from April 1 in order to re-notice the ordinance with proper 1 Aspen -City -Council Regular Meetin4 Ap~~.1 28. 1985 legal description. Richman said the intent of this rezoning is to include within the SPA all areas where there will be base area development, like lifts and ski area administrative space. Richman said this rezoning is reasonable to insure integrated planning of the area. Gideon Kaufman, representing the applicant, told Council they have met the criteria of both the SPA and rezoning. Mayor Stirling closed the public hearing. Mayor Stirling pointed out the area to be rezoned C/SPA will not be used to calculate the FAR for the project. Mayor Stirling said he feels the SPA rezoning makes sense. Councilman Isaac moved to approve Ordinance #53 , Series of 1985 , on second reading; seconded by Councilwoman Fallin. Councilwoman Walls said she does not believe a hotel is a general benefit to the public to be allowed to extend into a conservation zone. The plans are for too much in too little space. The open space requirement has to be cut as well as the parking spaces cut down. Councilman Collins asked the public benefits of extending the SPA. Richman said the principle benefit is to look at the entire base area as a unified site. Richman said there was requirement on the applicant to plan this site as a unified site. Councilman Collins asked if the extended boundary included Dean street. Richman said that is not part of the property. Councilman Collins said the memorandum states two reasons for this rezoning, one is it is a unique site and two is it allows integrated planning. Councilman Collins said he does not see the trade off s for the community. Councilman Collins said when this land was zoned conservation, it was to preserve the openness and accessibility to the mountain. Councilman Collins said this plan will impact the bottom of the mountain, which is a very unique site of a ski area coming right into a pedestrian area. Richman said this item on the agenda is only to extend the SPA zone over a portion of the property zoned conservation. The development agreement has already been approved by Council. Councilman Collins said there are intangibles on this site that will not be there in the future. Richman said there will be improved capability for skiers, hikers, to get to the mountain and to get to the lift through the improvement of Dean and Hunter streets. The physical atmosphere of Dean and Hunter streets will be enhanced and will be upgraded into a mall. The maintenance facility, which is unsightly, will be removed from the base area. The ski area is being improved. There will be quality lodging facilities in an area zoned f or that use. Richman said studies have demonstrated a need for lodging facilities. Richman said he 2 Aspen City Council Regular Meeting A..pr.~l 28. 1985 feels the addition of 92 units is consistent with the concept of the 1982 short term accommodations report. Mayor Stirling pointed out the Mayor's goals task force of 1983 also noted the need for quality lodging in appropriate locations. Peter Forsch, Aspen Skiing Company, said the great majority of the conservation zone in the SPA area will continue to be kept in open space. There is a small part of the hotel on the eastern portion in the conservation zone. Raufman pointed out in the conservation zone ski related facilities are permitted uses. Councilman Collins said this is a small area and the impacts will be compounded by all these uses. Raufman said there is no FAR in the conservation zone and one could build a building as large as they wanted. The SPA overlay limits the size of the building, and a benefit is the reduction of the size of the building in the conservation zone. Roll call vote; Councilmembers Isaac, yes; Walls, no; Fallin, yes; Collins, no; Mayor Stirling, yes. Motion carried. City Attorney Taddune brought up the vendor's agreement in the packet, which Council has approved in prior meetings. This gives the Ski Company the ability to vend tickets in public rights-of- way. This is a very limited activity. Mayor Stirling said this agreement is subject to annual review by the Council and will give Council the opportunity to access if the circulation is working. Raufman said Hunter street is not a public right-of- way; it has been vacated, and the Ski Company has easements on this for ski-related activities. Raufman said the applicant is mailing Dean street, and this will be a pedestrian access to the mountain, and this agreement will acknowledge the Ski Company's ability to sell tickets in this area. Forsch told Council the SPA agreement details all improvements the applicant is to make to both private and public properties. This agreement will allow the applicant to place to ticket kiosks on Dean and Hunter streets, which is the only buildings that will occupy the right-of-way. The other improvements will be streets surfaces and landscaping. Schilling pointed out this is a continuing annual review, not just one time. Councilman Collins said there will be commercial stores along these areas and the kiosks may crowd this area. ORDINANCE X11. SERIES OF 1986 - Reorganization Councilwoman Fallin moved to table Ordinance #11, Series of 1986; seconded by Mayor Stirling. All in favor, motion carried. 3 Aspen City Council Regul ar Meeting April 28 1985 ORDI-NA-NCE #12, SERIES OF 1986 - Election precinct Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #12, Series of 1986; seconded by Councilman Isaac. Roll call vote; Councilmembers Collins, yes; Fallin, yes; Walls, yes; Isaac, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #13, SERIES OF 1986 - Purchase Shadow Mountain Block 47 Assistant City Manager Mitchell said this purchase is $115,000 with a gift amount of 535,000 with a closing on April 30. Mayor Stirling said this is to continue the trail system in that area. Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilwoman Fallin moved to adopt Ordinance #13, Series of 1986; seconded by Councilwoman Walls. Councilman Isaac asked the appraised value. Mitchell said the city received opinions of value ranging from $100,000 to 5125,000. Councilman Isaac asked why the city is giving a gif t of 535,000. Mitchell said this has no effect on the city; the sellers have to justify the gift. Mitchell said this is a good negotiating technique for the city, it adds value to the seller. Roll call vote; Councilmembers Collins, yes; Isaac, yes; Walls, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. RECI~IEST -F@R ENCRQACHMENT - Esprit Councilman Collins said he has a conflict of interest. Elyse Elliott, engineering department, told Council there are historic encroachments that will be upgraded. This has been ref erred to staff, and all are in favor of these encroachments. The encroachments are the stairwells on the west and south sides. The old canopy will be removed and a smaller canopy will be placed. Steve Hansen said there will be handicap access to the Esprit store. Mayor Stirling moved to grant Esprit an encroachment license for the proposed improvements on the existing encroachments; seconded by Councilman Isaac. Mayor Stirling and Councilman Isaac in favor; Councilmembers Walls and Fallin opposed; Councilman Collins abstained. Motion NOT carried. 4 As-perr-City-council Regular Meeting __April 28, 1985 Councilwoman Walls said she would like to see this on a regular agenda with all the pertinent information. Councilwoman Fallin said she is opposed to adding items to Council agendas . Thi s building has had a lot of controversy and it should be published that Council is going to discuss this. Councilwoman Fallin said she would be willing to discuss this at the continued May 5 meeting. Ms. Elliott told Council this remodel has been approved by HPC and CCLC. DISTRI~U~i$N OF OPEN SPACE S T.ES TAX FUNDS City Manager Schilling said in 1970 Council adopted an ordinance to create a 1 cent sales tax substantially for capital expenditures. This was approved by the voters, and the tax went into effect January 1971. In 1983 in response to petitions from citizens, Council adopted Ordinance #25, Series of 1983. Schilling opined Ordinance 25 altered the portion of Ordinance 16, 1970, regarding the earmarking of spending associated with this tax. Schilling read from Ordinance 16 stating the city may amend or alter the ordinance except as to the percentage of the tax and the earmarking of revenues as provided for, and the ordinance outlines what the monies can be spent on. Schilling said Ordinance 25, 1983, restricts the spending of the sixth penny sales tax by stating 75 percent of the revenue s is for open space, capital improvement for open space or outdoor recreation and debt service. Schilling said he feels that sharply altered the ordinance approved by the electorate in 1970. Schilling recommended Council rescind Ordinance 25 or to refer this restriction to the electorate. Mayor Stirling agreed that the previous Council overstepped their bounds by adopting Ordinance 25, 1983. City Attorney Taddune said Ordinance 25, 1983, was a compromise ordinance from a referendum petition presented to the city. Mayor Stirling said if Council rescinds Ordinance 25, 1983, by ordinance, there will be a public hearing. Councilwoman Walls moved to direct staff to draw up an ordinance rescinding Ordinance 25, 1983, for the next regular Council meeting; seconded by Mayor Stirling. All in favor, motion carried. Hal Clark, PCPA, said the Parks groups was not actively involved in the petition to get Ordinance 25 enacted. Clark told Council he would like to be able to take this issue to his Board. MALL -MAINTENANCE- VERSUS EQUITABLE ASSESSMENT OF COSTS City Manager Schilling reminded Council they have several times expressed a view about the inequity that business owners on the mall enjoy a 1 evel of maintenance in front of their businesses at 5 Aspen ~itv Council Regular Meeting April 28. 1 985 no cost while all other business have to take care of snow and ice removal. Schilling told Council he did an informal survey of business owners to see if they were persuaded to support the mall because the city would do the maintenance. Schilling told Council some businesses have no recollection of this, and some remember it distinctly. Schilling suggested the city attorney may determine Council can create a maintenance district similar to an improvement district. Schilling said businesses on the mall would pay for an amount equivalent to a sidewalk area. Schilling told Council another alternative is to extend a maintenance district to the pedestrian downtown. This deals with both the equity question and the continuing problem of keeping the sidewalks free of snow and ice. Schilling said Council should have staff research the legality of such a district. Mayor Stirling said businesses on the mall have received profits because it is so popular. Mayor Stirling said he would like to know from the city attorney if such a district is legal and what the mechanism might be. Councilwoman Fallin suggested discussing this with the CCLC. Councilwoman Walls said she is very supportive of extending this to the whole commercial core. Councilman Isaac said he is concerned about the financial and personnel impacts and how long it would take to clear the entire area. Schilling said the city would need more personnel and equipment, or they could enter into a service contract. Schilling pointed out 100 percent of the costs would be assessed back to the property owners. Mayor Stirling moved to direct Assistant City Manager Mitchell and City Attorney Taddune to study the feasibility of creating a service assessment district for the purpose of removing snow throughout the entire commercial core and to schedule a work session with the CCLC; seconded by Councilwoman Walls. All in favor, motion carried. DOWitTTOWN DEVELOPMENT DISTRICT City Manager Schilling told Council the city's financial advisor, Joe Barrows, is on the way to attend the meeting and requeste d this be put off until he arrives. RES~~UTION #11, SERIES OF 1986 - Supporting Aerobus Mayor Stirling questioned the need for a resolution, which is very f ormal, rather than just a letter. Mayor Stirling said it is a great idea to have Vevey come, but Council should not indicate this is their major choice. Tom Baker, planning office, told Council Vevey did not want to come to Aspen without an indication that there is interest on the part of elected 6 As-uen--City C~unc,~1 Requ ar Meetina Anr~l 28, 1985 officials. Mayor Stirling said there are no known costs, and there are no Aerobuses in operation. Baker told Council the Snowmass P & Z, Council, and County Commissioners, and city P & Z have all approved resolutions. The County P & Z voted 3 to 2 to oppose the resolution for a variety of reasons. The County P & Z felt the cost would be prohibitive, from S4 to $8 million dollars a mile. Another reason is that Pitkin County ought to get moving on the highway. Councilwoman Fallin said she is not in favor of all the wires required for the aerobus. Baker told Council the planning office is trying to get as much information on alternative transportation as possible. Baker said Vevey is proposing to come here and do preliminary costing and financial options if there is some interest from the elected officials. Mayor Stirling moved to invite Vevey to come here at no cost to the city to do whatever studies seems appropriate in the overall TDP work. Motion DIES for lack of a second. Councilman Isaac said he would prefer to adopt the resolution. Mayor Stirling said a resolution goes on record as supporting the concept and is a very formal type of commitment. Councilman Isaac moved to adopt Resolution #11, Series of 1986; seconded by Councilwoman Walls. Councilwoman Walls said she is in favor of the resolution as long as it is very clear that Council is just expressing an interest in finding out more about the system. All in favor, with the exception of Councilwoman Fallin and Mayor Stirling. Motion carried. TRAitTSFER QF ASSET - TO VERENA PROJECT Councilwoman Fallin moved to approve the donation of the wood chipper to the Verena project; seconded by Councilman Collins. All in favor, motion carried. Mayor Stirling asked if there are other capital items that may be sold or donated. Assistant City Manager Mitchell told Council the parks department is doing an inventory of equipment to be junked, sold or donated. RES~LHT3~N ~2, SERIES 1986 -Ballot Issues Councilwoman Walls pointed out she has added a question to enable the voters to express their feeling about the use of more humane 7 Aspen - City Council Regular Meeting - April 28_, 1985 methods to obtain furs without impeding business of the fur shops in town. Councilwoman Walls said the purpose of the ordinance would limit the sale of wild furs and other fur projects to those that come from counties, states and foreign countries that ban the use of the steel jaw leghold traps. This ordinance would encourage the humane method of obtaining furs. Councilwoman Walls said steel jaw leghold traps are dangerous to children and other animals and cause unnecessary suffering to trapped animals. Mayor Stirling asked about the issue of enforcement. Councilwoman Walls said enforcement would be moral at first rather than confiscation of property. This ordinance will place a burden on store owners to be more careful about where their inventory comes from. Councilwoman Walls said there is a list of countries and states that ban this and the ordinance could list those jurisdictions and the furs that would be effected. Councilwoman Walls said it is the principle that the electorate would be voting on. Councilwoman Walls moved to include question No. 4 on the June ballot; seconded by Councilwoman Fallin. Council changed question No. 4 to read "limiting the sale and importation for sale of wild animal products, including furs, to those products obtained from counties, state or foreign jurisdictions which ban the use of steel jaw leghold traps" . Councilwoman Walls said there is a specific law on the federal books about verifying where furs come from. This ordinance does not cover ranched furs only wild animal furs. Councilman Isaac said Council previously decided something like this would be difficult to administer. Councilwoman Walls said other states have adopted ordinances like this, and it is enforceable. All in favor, with the exception of Councilmembers Isaac and Collins. Motion carried. Question No. 3 is a franchise to Rocky Mountain Natural Gas. City Attorney Taddune told Council this item requires elector approval. Assistant City Manager Mitchell told Council the Rocky Mountain Natural Gas present franchise expires in June. Taddune told Council this is a basic franchise and is very similar to the existing franchise. Taddune told Council the franchise fee i n this agreement is 3 percent. Bil Dunaway asked what the cable franchise is. Mitchell said Canyon Cable pays 2 percent franchise fee and 3 percent donation to community access. Dunaway said the franchise fees should be consistent . Taddune said this is a renewal of a franchise agreement that is in place. 8 Aspen -City Council ,_ Regular Meetina AAr_il 2-8. 1985 Mitchell told Council cities have to j ustify to the FCC anything above a 3 percent franchise fees for cable companies. Mitchell reminded Council the cable advisory committee felt 3 percent would be excessive, that the city would not be spending that amount of time to administer the franchise agreement. The committee felt it was important for the cable company to contribute to community access. Councilman Isaac said it is appropriate to charge a higher fee for cable television, which is not a necessity of life. Councilman Isaac said if Rocky Mountain Natural Gas passed on an additional 2 percent, it could be prohibitive for some customers. Mayor Stirling said the election issue is only entering into a franchise agreement; the percentage issue is part of the ordinance. Councilwoman Fallin moved to put question No. 3 on the ballot; seconded by Councilwoman Walls. All in favor, motion carried. Question No. 2 is a proposed 5 year serial tax levy for street improvements. Councilwoman Walls asked if sidewalks are covered included. City Manager Schilling said y es. Assistant City Manager Mitchell presented the dollar effect on properties for $100,000 value would be 531 per year for a $250,000 would be 578 each year. This serial tax ends in 5 years. Councilman Isaac moved to put question No. 2 on the ballot; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Collins and Mayor Stirling. Motion carried. Question No. 1 is the purchase of the Volk property at a price between 5800,000 and $1,000,000. Mitchell told Council the 12 percent interest in the question is probably high but the staff wanted some leeway for negotiating. The bond market currently is 8 percent. Mayor Stirling moved to put question No. 1 on the ballot; seconded by Councilman Isaac. Councilwoman Fallin abstained. All in favor, with the exception of Councilman Collins. Motion carried. Councilman Isaac moved to adopt Resolution #2, Series of 1986, as amended; seconded by Mayor Stirling. All in favor, motion carried. B-IODf~ME PRQPO~S-A-~, Patty Carl son presented pictures of the proposed area for the biodome. Mayor Stirling said he feels this is a dynamic concept but a question is should anything be built on this property. There is no master plan for this area. Mayor Stirling asked why the biodome cannot be built at Windstar. Ms. Carlson said that would not serve the purpose of this project, which is to study 9 A-s~en -pity--Council ReQUlar _ Meetin4 ~~~il - 2 8 , 198 the sociological, ecological value system. Putting the biodome in a remote place does not demonstrate what this project could do for the city., One of the purposes is to provide an alternative social service system. Ms. Carlson said if the food were produced at Windstar, it would have to be transported and the facility would not be easily operated by the programs to be involved. This dome would be used by the juvenile officers for their programs, by the schools, by the senior citizens. Ms. Carlson said the point of this experiment is to see how this facility will work in the city limits and can be expanded as a socio-ecological function. Ms. Carlson said this will examine how this will effect the educational system when it is at people's disposal. Ms. Carlson said this is located on the Thomas property and the zoning code allows agricultural uses on this property. The water would be pumped from the Marolt property. The project needs 168,000 gallons of water to recreate the evaporated water within the dome. This dome is placed at the back of the property, and there will be no major visual impacts. Ms. Carlson said trees will be planted to help hide the biodome. Mayor Stirling asked about taps fees, power and toilet facilities. Ms. Carlson said the funding will be available for most of these items, and would ask the city to donate the water for the project to make this a successful project for the community. Ms. Carlson said this is a temporary structure for 3 plus years. Mayor Stirling said this seems to be a relatively permanent location. Ms. Carlson said this will be secluded in the trees and will blend into the property. Ms. Carlson told Council the Prince of Peace chapel has offered their facility if anyone needs shelter from the weather. This program could be coordinated with the Big Brother program. Mayor Stirling said this project relies on a lot of volunteer effort. Ms. Carlson said before she can secure financing for this project, she has to know there will be a location available. Mayor Stirling suggested contacting A.C.E. S. for a possible use on their property. Councilwoman Fallin noted this request has not been reviewed by P & Z. Steve Burstein, planning office, told Council there is no land use review process for this application. If Council were to approve it, it would be accomplished through a contract. Councilwoman Fallin said this is a more permanent use than the community gardens or the grazing of horses, and would prefer to have P & Z review this. Ms. Carlson told Council she has asked for 3 plus years in order to demonstrate the biodome's advantage to the community. Councilwoman Fallin said she does not question the advantages of the program, but this is putting a structure into open space. Burstein told Council this land is zoned 10 Aspen- -C-~itv Council - Regular Mee-ti~ng-- - Ap,~~,_, 2g; 1-985 conservation and agricultural uses and accessory structures are permitted. Councilman Collins said this project seems like a good complement to the community gardens. John Katzenbach suggested putting in the agreement that the building reviewed at the end of 3 years so the building would be removed if the city wanted it removed. Also put in the agreement there be funds available to move the building. Councilman Isaac asked who will be in charge of this project. Ms. Carlson said they plan on hiring a program director who will coordinate with as many community programs as possible. Mayor Stirling moved to refer the Biodome project to P & Z for a recommendation back to Council; seconded by Councilwoman Fallin. Ms. Carlson said this project meets all the zoning, and is not required to go to P & Z. This land was not purchased with open space funds. Mayor Stirling said he feels the Thomas and Marolt properties are perceived as open space and Council should get a recommendation from P & Z. Councilman Collins said the community gardens serve a large number of the community, and a Biodome would be a natural adjunct to the gardens. Councilman Collins said he feels this type of project should be encouraged and has a lot of community support. There is a great volunteer effort and imagination to make a contribution to the community and will expose youth to this type of operation. Councilman Collins said the agreement should state if the highway or some other plan proposes use of this property, they wil 1 have to move. Mayor Stirling said this will be a 2600 square foot semi-permanent structure and it needs further review. Mayor Stirling and Councilwoman Fallin in favor; Councilmembers Walls, Collins and Isaac opposed. Motion NOT carried. City Attorney Schilling suggested this be referred to the city attorney's office to draft an agreement between the City and Eagle's Nest Foundation. Councilman Collins moved to have the attorney draft an agreement between the City and Eagle's Nest; seconded by Councilwoman Walls. Councilmembers Collins and Walls in favor; Councilmembers Fallin, Isaac and Mayor Stirling opposed. Motion NOT carried. Councilman Isaac said he has problems with this location and feels the school property may be more appropriate. Counci lman Col 1 ins said the community gardens are already located on the Thomas property, and this project would supplement them. The natural resources are at this location. Katzenbach said the Biodome should be located near the community gardens so that participation can continue into the greenhouse space after the 11 Asuen -City Co-un~i~-- -- Regular A~eetina - - A-pr~.~ _28, 1985 fall harvest. This was the continuity and maintenance can be complete through the year . Mayor Stirling moved to refer the Biodome proposal to P & Z for recommendation to Council; seconded by Councilwoman Fall in. All in favor, with the exception of Councilmembers Collins and Isaac. Motion carried. M~R~ON- EREE~- H-'Y~?RflpOWER PROJECT Chuck Roth, engineering department, explained Council has been interested in utilizing hydropower water rights on Maroon Creek in order to maintain those rights. Roth told Council the staff and consultant issued RFPs and analyzed the bids. The city received 10 bids from $300,000 to over $1,000,000. Cliff's Engineering reviewed these bids and recommended accepting High Country Engineering out of Glenwood Springs, who is currently doing the operations and maintenance at Ruedi. Roth said this bid uses a piece of equipment which has not been manufactured before. Roth said the total bid is S3 O1, 897 . Roth said there are some homeowner present that get their water 300 feet downstream from this project. Roth said there may be some problems to mitigate. Roth told Council the city will have to apply for rezoning in order to build a hydropower project on this property. The city will have to obtain an Army Corps 404 permit and a FERC license. Other costs related to this project is $33,000 for an interconnect with Holy Cross. Cliff's Engineering is recommending a third party inspection of the facility for $18,000 plus a $20,000 contingency fund. Mayor Stirling asked how much has been spent to date. Roth said $7,000 to Cliff's Engineering for preparing the RFP, and assessing the bids. Roth told Council he has not factored in the numbers to water counsel and Shaeffer and Roland and in-house expenses. Mayor Stirling asked the difference between using one turbine or two. Roth said two turbine is not a redundancy. It will have two different size turbines, one for low flows, one for medium and both of them for high flows. Roth recommended accepting the low bid and award the contract to High Country engineers. Mayor Stirling asked how the city is going to fund the capital costs up front. Assistant City Manager Mitchell told Council the city could issue bonds perhaps tied in with the undergrounding project. Mitchell said it may be possible to pay for this on a cash basis out of the Castle Ridge settlement. Councilman Collins said work at Castle Ridge was paid out of the electric fund, and asked if it had been repaid. Cindy Shafer, finance director, said that is what this would be. Councilman Isaac asked about the annual maintenance costs. Mitchell told Council 12 Aspen -Oity- Coun~i-i Rezru-l-az _-Meeting ---- April .2-8 . ~ 9S5 said with the lowest flows the cost will be covered by the 15th year. This is based on upon comparing the cost of producing power at Maroon Creek versus what the city pays MEAN. Mitchell pointed out with the highest flows, the cost per kilowatt at Maroon is less than either MEAN or Ruedi power. Mitchell t of d Council by putting this to design build, the city will be able to build this at 60 percent of the estimated costs. When the raw water study was presented, Council was enthusiastic about the city expanding its capabilities of producing power and becoming independent as long as it is economical. Suzanne Caskey, resident of Maroon Creek ranch subdivision, told Council their water setup is unusual as it comes directly from Maroon creek and the homes have individual systems to clean the water. Ms. Caskey said she is excited about this project and getting a clean source of power. However, the residents are concerned about their water source. If the temperature of the water is changed, it could effect their water source. Losing the natural filtration between T Lazy 7 and their subdivision is a concern. Other problems are noise from the turbines. Ms. Caskey said there is concern about the visual nature of this building. All of these concerns will be addressed through the county's review. Michael Conviser, resident, supported Ms. Caskey's comments. Conviser told Council the water they get f rom Maroon creek is very high quality. Conviser said they would like protection in terms of noise, siting, snow removal and traffic in the area. Mitchell said staff discussed with the bidders the acoustical problem, the visual impact, the construction includes money to help alleviate disturbance to the water supply. John Musick, city's water attorney, told Council the experience on Ruedi is that the temperature changed only a few degrees. Musick said the Ruedi project makes very little noise. Musick said he feels turbidity and temperature can be controlled. Mitchell told Council the personnel activity after construction will be minimal. Tim Beck, representing High Country Engineering, told Council they have proposed plants to build and one is actually in a municipal water system. Beck has discussed this problem with the Colorado Department of Health, their only concern was the addition of lubricants. Beck pointed out the bearings should be well sealed and not losing lubricants. Councilman Isaac asked about problems with fish. Roth said that will be addressed in the review procedure, and it has been suggested the city commit to supplying a certain number of pounds of fish per year. Mitchell said in applying for the FERC license, these types of concerns are commented on by state agencies. Councilman Isaac said his biggest problem is the agreement with the Deanes, which is more than generous. Mitchell 13 -~itv- Council -- Regu1 ar Me~eti-na - April- 2 8 .---1985 said this was a negotiated contract, approved by Council. Mitchell said part of the land the hydropower facility is on is owned by the Deanes. The contract allows the city to use the Herrick ditch rights, which will increase the profitability of the plant. Mitchell said even with payments to the Deanes, this project i s economical and will allow the city to produce power more cheaply than Ruedi or MEAN. The city is protecting thei r hydro water rights, and becoming more independent for power sources. Mayor Stirling moved that the Maroon creek hydropower project be constructed for an approximate cost of $379 , 897 contingent on the av ai 1 abil ity of funds and request staff to be more specific on where the funds will come from, and that High Country engineers/Rudd construction be awarded the contract; seconded by Councilwoman Fallin. Councilwoman Fallin said she would like the motion amended that the city will take measures necessary to mitigate the impacts on the surrounding neighbors. Mayor Stirling amended his motion to reflect of the $379,897, sufficient monies be part of that to mitigate any potential problems that occur for the Maroon creek subdivision; seconded by Councilwoman Fallin. Musick told Council when the city applies to the county for the landuse approvals, the county will impose conditions which will have to be brought back to the Council so they can be satisfied. Mayor Stirling said he feels this is a great opportunity to protect the up stream water rights. This is a clean power source and is cost efficient. Councilman Collins asked if there is adequate errors and omission from the contract. Roth told Council the RFP specified the city's requirements on insurance. The city does not request proof until notice of award is given. All in favor, with the exception of Councilman Isaac. Motion carried. C~#SU~T~N3`-S~; ~T-IOitt-~RO~ED~TRE City Manager Schilling said Council had expressed some concern about their role in the process. Schilling pointed out a new section 4.1 requiring approval of the Council before proceeding with any project requiring contracted professional consulting services. Schilling pointed out he also amended the procedures to require certification from the finance department that funds are budgeted and available for the project. Councilman Isaac said he feels the $5,000 figure is low and may slow down the process and end up costing more. Mayor Stirling said he would 14 AsQe-n -_~i tv- Council- __ _ _.__- -P.e ~z3-ar---l~fieet i rrcr ___ _ A-prl~g f 1 ~ 55 prefer to leave it at 55,000 to safeguard the public. Councilwoman Fallin said the city may not get the best bids at the 55,000 level. Councilman Isaac moved to amend the administrative regulation to change 2.0 to not to exceed 510,000; seconded by Councilwoman Fallin. All in favor, with the exception of Mayor Stirling. Motion carried. Councilwoman Fallin moved to add a new section 4.1 and change 4.2 as outlined by City Manager Schilling; seconded by Councilwoman Walls . Councilwoman Fallin moved to adopt the consultant procedure process as outlined; seconded by Councilman Isaac. All in favor, motion carried. LHTHOR ~ICENu~'E--TR~NSFEg p,SrA A EH-~NESE RESTA NT This is a transfer of an existing liquor license at 132 West Main street, formerly Arthur's. Steve and Lily Ro purchased the property from the bank in Ransas. Brooke Peterson told Council the Ros plan to open this summer and are aware of the conditional use status and the condition concerning the prohibitio n of serving alcohol during school hours. Councilwoman Walls moved to approve the transfer of Arthur's liquor license to Steve and Lily Ro; seconded by Councilman Collins. All in favor, motion carried. AST--F6U-NDA~'i~6N ~~~~ Tp- VENT) Mayor Stirling said this request to vend raffle tickets on city property is for almost 4 months and that seems too long. Mayor Stirling moved to refer this to CCLC and to have them comment on the time period to vend; it should be limited to 1 or 2 weeks; seconded by Councilman Collins. All in favor, motion carried. Hfl~EL-_ -~L~Rf?ME -PD$--~N~DM~Nq' Perry Harvey, representing the applicant, told Council this amendment is to clarify the PUD agreement on the phasing of the project, and specific elements of the PUD. Harvey said the city and the applicant wanted an interim landscape plan on the property and a parking plan on the north side of the property until the second phase is built. Harvey told Council the applicant is hoping to begin construction this summer. A redesign of phase 2 has been necessitated by review of the 15 A~e-n _ E`i tv ~o~unz`i~--- --- -- -----'Regu~a-r _M~~t~IQ-_-_ _ _ Apr~.l __2.8 . _ i 985 department of interior. Harvey reminded Council there is a work session scheduled next week to go over the redesign of the project. Harvey told Council the applicant does not want to do the landscaping and parking ,plans if they begin construction in June because these areas will have to be used as a staging area. Harvey suggested the city holding the landscaping and parking plans in escrow, and if the applicant is not well into construction in August, then the city can request these plans be put into effect . Mayor Stirling recommended getting the present site cleaned up anyway, whether they begin construction or not. Harvey said they would be willing to clean up the refuse. Harvey said the applicant would like recognition of phasing the project. Mayor Stirling suggested making this decision to the work session of May 5 , 19 86 . ORH~ NA-i~CE __ X16-. -SER~S~-~F -1-9 ~f - = Amencti ng use T-ak~-t es Councilwoman Fallin moved to read Ordinance #16, Series of 1986; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE N0. 16 (Series of 1986) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 24-3.2 OF THE MUNICIPAL CODE, PERMITTED AND CONDITIONAL USES, TO ALLOW AS CONDITIONAL USES MAINTENANCE SHOPS AND EMPLOYEE HOUSING FOR THE EMPLOYEES OF THE PUBLIC USE IN THE PUBLIC ZONE DISTRICT was read by the city clerk Councilwoman Fallin moved to adopt Ordinance X16, Series of 1986, on first reading; seconded by Councilwoman Walls. Steve Burstein, planning office, told Council this code amendment was initiated by the Sanitation District's application; however, they have dropped the request to have employee housing on site. The planning office is in favor of this amendment that maintenance shops and employee housing are logical conditional uses in the public zone; the P ~ Z recommended denial by a vote of 5 to 1. Roll call vote; Councilmembers Walls, yes; Isaac, yes; Collins, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. OR~?fI'~J CE --# 1-~ . --DER-i~~- -C1F -i ~8~-- Ap~o~P ri~a tZ on,~ Councilwoman Walls moved to read Ordinance X15, Series of 1986; seconded by Councilwoman Fallin. All in favor, motion carried. 16 As~oe ir--Ci-ty- -Co-im. ci,3 _-_ __.. ___ Re au la r ire e ti n 9~AP ri 1--2~8 ~ ;,~8 5 ORDINANCE #15 (Series of 1986) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUES OF $345; APPROPRIATING GENERAL FUND EXPENDITURES OF $172,706; APPROPRIATING LAND FUND EXPENDITURES OF $ 23 , 500; APPROPRIATING ASSET REPLACEMENT FUND EXPENDITURE OF $1 , 905; APPROPRIATING WATER FUND EXPENSES OF $151, 840; APPROPRIATING ELECTRIC FUND EXPENSES OF $335,600; APPROPRIATING ICE GARDEN FUND EXPENSES OF $4 ,160 was read by the city clerk Councilwoman Fallin moved to adopt Ordinance $15, Series of 1986, on first reading; seconded by Councilwoman Walls. Cindy Shafer, finance director, told Council these items were approved from last year's budget but the money was not spent. Council requested staff give a summary of these expenditures at the public hearing. Roll call vote; Councilmembers Fallin, yes; Collins, yes; Isaac, yes; Walls, yes; Mayor Stirling, yes. Motion carried. e`IT~LE~ EX~MPTI.ONS--_i~@M _ UTiL ifi~ CO~~fiE~C'P -CHARGES Jay Hammond, engineering department, reminded Council this was initiated at the request of the Grand Champions Club. Hammond said the staff recommends denial of that particular request. Hammond said banquets would not occur at the same time as the facility was in use for other purposes. Hammond said tap fees are not related to when use occurs. The system capacity depends on how uses relate to demand on the system. Hammond said the Grand Champions have agreed to limit the use of the tennis courts for a gathering facility. Gary Wright said the city should have a generic charitable exemptions ordinance to benefit non-profit groups in town. Mayor Stirling moved to deny the Grand Champions request for charitable exemption from the water system tap fees and to direct staff to pursue a Code amendment to take into alternative for charging a reduced fee on a per event basis; seconded by Councilwoman Fallin. All in favor, motion carried. REg6L~T3$i~ ~$,~~ -Fees for Banners over Main Street Councilwoman Fallin said she has heard opposition to charging for banners over Main street. The city gives money to some of these non-profit groups, and at budget time they will request more money to cover this charge. One group pointed out they put up 17 A~~e-n -~i-tv i ~ - - -- ~-- Re g~ar-~e~ti~cr _ ___ - _ Agri 1~ -~8 ;- 19 85 banner twice monthly for concerts. Jay Hammond, engineering department, said the city is trying to limit the number of banners to special events or annual events. City Manager Schilling told Council this S50 fee does not cover the cost of putting the banner up. Mayor Stirling said this fee means groups will have to think about putting a banner up for their events, and will bring this more into control. Councilwoman Walls moved to adopt Resolution #8, Series of 1986; seconded by Mayor Stirling. Councilmembers Walls, Collins and Mayor Stirling in favor; Councilmembers Fallin and Isaac opposed. Motion carried. A~-SESS•NiEi~T -Li~~i'~E~R~~-- ~OI~T~2A-C`P Jay Hammond, city engineer, told Council this is a contract with Smith and Company, from California. Hammond told Council the concern is that the assessment formula and the number of improvements being proposed for the lodge improvement district result in a complex system of assessing the properties. Some assessments will occur on an area basis, some on a footage basis, on a general benefit basis. Hammond said to stave off any challenge to the district based on the rationale behind the assessments, it is recommended to contract for assessment engineering services. Hammond told Council Smith's company has a long involvement in assessment districts. Hammond said this will cost $44,000. The city has a contract with Schmueser Gordon Meyer, Inc. for preliminary design and documents for public hearing for X38 , 000. These are both essential prior to the public hearing to show what the improvements will be and how much people's assessments will be. Hammond said there have been discussions on how to deal with the Aspen Mountain Lodge project. The task forces feels the improvement district should be moved forward whether the Aspen Mountain Lodge project is built or not. Hammond reminded Council the Aspen Mountain Lodge property is bound to an improvement district through their PUD agreement. Hammond told Council the city is obligated to these two contracts only if the district fails. Hammond pointed out that Schmueser is and will continue to gather the basic data rather than bring the assessment engineers up from California. Hammond said if the public hearing is successful, the next step will be contract documents and then the district will be formed by ordinance. The members of the district will have a last opportunity to protest the district. Hammond said he has not received significant objections to the district throughout the process, except to eliminate the Calderwood subdivision. 18 A-s en - City- -Co un-~i~.-_ ----_ _____ ~e au l~a-r Me et i-ncr - -- - - ~-r~ri ~ 8-. 1-9 8 5 Councilman Isaac moved to approve the contract with Schmueser Gordon Meyer, Inc. , for assessment engineering services; seconded by Councilwoman Walls. All in favor. mnt-ins ~arr~oa ~` ~~"AMlTR~A-CT Assistant City Manager Mitchell told Council this is to cover a PGA senior event at the Aspen golf course. Councilman Isaac asked how many days the golf course will have to be closed. Mitchell said it will not be closed at all. Councilman Isaac moved to direct the city manager to execute the tournament direction and coordinate services contract; seconded by Councilwoman Fall in. All in favor, with the exception of Councilmembers Isaac and Walls. Motion carried. ICE--ROSE- PR-Ii~AT3ZA~I~ON REPORT This is tabled to May 12 , 1986 . R~EONEH`I` TC~- -~E - PAE PCK~ PA~2K~-~ Y - ~`I G URE -- ~KAT~i IdG~ CLUB Councilwoman Fallin stepped down due to conflict of interest. Assistant City Manager Mitchell said use of parks is generally approved by the administration, but this is amore intense use so the staff is bringing it to Council. City Attorney Taddune said the city generally enters into vendors agreement requiring insurance, indemnification, hours of use, clean up. Mayor Stirling moved to direct the staff to draw up an agreement with the figure skating club; seconded by Councilwoman Walls. All in favor, motion carried. OR H3 N~ Cam- ~ r4 ~~~g-"-OF 19-~f - Rocky Mountain Natural G a s Franchise Councilwoman Walls moved to read Ordinance #14, Series of 1986; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #14 (Series of 1986) AN ORDINANCE GRANTING A 20 YEAR FRANCHISE BY THE CITY OF ASPEN, COLORADO, TO THE ROCKY MOUNTAIN NATURAL GAS COMPANY, INC. , A COLORADO CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO LOCATE, BUILD, CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN AND OPERATE INTO, WITHIN AND THROUGH THE TOWN OF ASPEN, PITKIN COUNTY, COLORADO, A PLANT OR PLANTS AND WORKS FOR THE PURCHASE, 19 A-s~e n - ~itv -moo uirc i-1------ -- -_ ._R~-gu-1 aT -Me a ti na --- _ A~n ri~l _~$: 3 9 8~5 MANUFACTURE, TRANSMISSION AND DISTRIBUTION OF GAS, EITHER NATURAL, ARTIFICIAL OR MIXED, AND TO FURNISH, SELL AND DISTRIBUTE SAID GAS TO THE CITY OF ASPEN, AND THE INHABITANTS THEREOF, FOR HEATING, COOKING OR OTHER PURPOSES BY MEANS OF PIPES, MAINS, OR OTHERWISE, OVER, UNDER, ALONG, ACROSS AND THROUGH ANY AND ALL STREETS, OTHER PUBLIC WAYS AND PLACES IN SAID CITY OF ASPEN, AND FIXING THE TERMS AND CONDITIONS THEREOF; AND GRANTING A 20 YEAR LEASE TO ROCKY MOUNTAIN NATURAL GAS COMPANY, INC. LOCATED AT THE "MAROLT" CITY GATE STATION SITE was read by the city clerk Councilwoman Walls moved to adopt Ordinance X14, Series of 1986, on first reading; seconded by Councilwoman Fallin. Roll call vote; Councilmembers Walls, yes; Isaac, yes; Collins, yes; Fallin, yes; Mayor Stirling yes. Motion carried. B-AgAL-T -B-YPA$S Mayor Stirling said this is a request from Ted Isaacson to see if Council is interested is contacting state officials to ask that funds for the Basalt bypass be redirected for a four-lane to Aspen. Councilwoman Walls noted there is no input from the Basalt town Council, who has discussed this item. Mayor Stirling suggested staff researching Basalt's position. Council decided it would be better to do nothing on this issue. TRH R~E;T Tabled to May 5, 1986 DOfntNTOW-I~ DE~~,f ~]~ DI SCR I~ City Manager Schilling said if Council creates a downtown development district, it can implement tax increment financing. Schilling pointed out there is significant development ready to be constructed in the downtown, which may bring heightene d visitors. Schilling said the city's infrastructure, like adequate parking, is lacking. This mechanism will allow the city to finance and construct parking structures and other needed improvements without new taxation. Schilling said the city should confer with other taxing districts in the city about the impacts of a district. Schilling said the decision to form a downtown development district will fall to those qualified electors within the district boundaries. These should be residents, landowners, and people with a leasehold interest within the subject area. Funds generated from tax increment financing can only be used for capital expenditures and within the boundaries of the district 20 A~s~-rr- ~~i-tv Conn c i3. - __ ate au~~ar Me a ti nzr ---- --- -A,p-ri ~ -2 8-: ~ 9-8 5 and with a duly adopted plan. The Council would act as a downtown development agency. Schilling said he feels this would solve along standing community dilemma. Councilwoman Walls moved to extend the meeting deadline 15 minutes; seconded by Mayor Stirling. All in favor, motion carried. Mayor Stirling said some Council's may be inclined to favor development to build the fund Joe Barrows, Kirchner Moore, said this is a valid concern; however, the nature of the city's development procedures is a strong disincentive to having this happen. Barrows said the marketability of bonds would be below getting the city into that type .of situation. Barrows said the project would be set at a limited scope, initially based on relatively certain growth forecasts. Barrows said the market will take a conservative attitude toward long term developments. Councilman Isaac asked how long it would take to form a district like this. Barrows said 3 months to a year. Schilling said the Council should have a better sense of the plan before they confer with other taxing districts. Mayor Stirling said he would like staff to give an outline on how to proceed, then meet with Barrows in a work session on the details. Councilwoman Fallin moved to refer this to staff to take necessary and appropriate steps toward the formation of a City of Aspen downtown development authority; seconded by Councilwoman Walls. All in favor, motion carried. Councilwoman Walls moved to approve the consent agenda; seconded by Councilwoman Fallin. Consent agenda is liquor license renewals -Wheeler, Cantina, Cordons; Minutes, March 31, April 1, 14 1986. All in favor, motion carried. eOU~I ~,~iE MB S 1. Mayor Stirling said there is a work session April 29 at noon with the Commissioners and Town of Snowmass. 2 . Mayor Stirling moved to continue the meeting to Monday, May 5 at 5:00 to consider the Jerome PUD, Esprit Encroachment, and underground contracts; seconded by Councilwoman Fallin. All in favor, motion carried. 3. Councilwoman Walls brought up the federal issues effecting municipalities. The CML has asked cities to write to their congressional delegations. Mayor Stirling said he has sent letters. 21 A3~ue-rr- C`i-ty Coun-~ci~---- -- ~te~ul~ar - l~eetincr __ __A~r~i _ -2 ~ . 1985 4. Councilman Isaac brought up the trailers stored on the Agate property and asked about the possibility of getting these removed. Councilwoman Fallin pointed out this is private property. Council asked Assistant City Manager Mitchell to check the Code to see if construction vehicles can be stored in this zone. Council left the meeting at 9 :16 p. m. ,~ _ - _ Kathryn ~. Koch, City Clerk 22