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HomeMy WebLinkAboutminutes.council.19870323Regular Meeting Aspen City Council March 23, 1987 CITIZEN COMMENTS 1 COUNCILMEMBER COMMENTS 1 ORDINANCE #5, SERIES OF 1987 - Historic Designation 2 ORDINANCE #6, SERIS OF 1987 - Rezoning Moses R-15/PUD and Subdivision Exception 3 ORDINANCE #10, SERIES OF 1987 - Extending Historic Demoli- tion Moratorium 4 GMP APPEAL - 1001 Ute Avenue 6 ELECTRIC SERVICE UNDERGROUNDING CONTRACT 13 CITY/COUNTY SPACE 16 PROPOSED NAME OF LIXIVIATION BR IDGE 17 REQUEST TO RESTORE MAROLT BARN 17 GMP EXTENSION REQUEST - Aspen M ountain Lodge 17 ORDINANCE #11, SERIES OF 1987 - Historic Preservation Code Amendments 20 ORDINANCE #8, sERIES OF 1987 - Employee Retirement 22 WHEELER AIR COOLING CONTRACT 23 MOORE POOL IMPROVEMENTS 23 MAROON CREEK HYDROPOWER PROJECT 24 REQUEST FOR INTERNATIONAL PEACE MARCH DESIGNATION 25 FINANCIAL PERFORMANCE REPORT 26 RED ROOF INNS REPORT 26 27 Regular Meeting As,~en City Counci~_ March 23. 1987 Mayor Stirling called the meeting to order at 5: 05 p. m. with Councilmembers Fallin, Walls, and Collins present. CITIZEN COMMENTS 1. Jon Busch said a critical point is approaching where there is risk of losing the railroad. Busch pointed out the studies over the years have always indicated a need and desirability of both the down valley commuter link, a regional transit center, and an alternative way to get people to Aspen. Busch said citizens voted two to one f or a railroad coming in to town, and there should be a more proactive position out of city staff. This project is for the community. Busch told Council the railroad is having some problems, which has affected their fund raising abilities. Busch told Council the county is going to have a work session on the railroad. Mayor Stirling suggested the city join in this work session. 2. Roger Hunt told Council the railroad has discovered a possibility in the defect of the transfer of right-of-way to the county, which in turn affects the city. Hunt said it is in the area, specifically, that the railroad will need community help. Hunt encouraged the Council to persuade the planning office to take a neutral rather than adverserial stance in dealing with the railroad. Mayor Stirling suggested Hunt take this to P & Z and have them make a recommendation to Council. COUNCILMEMBER COMMENTS 1. Councilwoman Walls announced she does not intend to run for re-election in May. Councilwoman Walls said she feels 4 years is an optimum amount of time to serve before losing one's perspec- tive. Councilwoman Walls encouraged women to run for Council to have a representative board and to have balance in the decisions that are made. 2. Councilman Collins said last Saturday he and Mayor Pro Tem Walls met with a delegation from China. This was a pleasant meeting and information exchange. 3. Mayor Stirling said in the last packet there was a memoran- dum about changes in the leisure services department. Mayor Stirling said he is not clear if that requires a budget change. City Manager Bob Anderson said the changes will not effect the budget. 4. Mayor Stirling said the leisure services department is constituted differently than others in that the agency head has no portfolio. Mayor Stirling said the intention with the agency heads was that an existing department head would take that job 1 Regular Meeting _ __ ______-__ Aspen City Council ~ March 23. 1987 and not create a new job. Mayor Stirling said he is concerned about the leisure services aspect as one of the purposes was not to create any new jobs. City Manager Bob Anderson said it was not a matter of expanding personnel when that happened. Two employees left and two people were hired. Titles and respon- sibilities shifted but an additional person was not hired. 5. Mayor Stirling said there was an accident as the ice rink, which points up the need for the city to do some work on the rink, like the swimming pool, no matter the results of the election this spring. 6. Mayor Stirling said there is a proposed second aspect of the Coors Classic this summer, an Aspen to Copper mountain road race for men, going over Independence pass. Mayor Stirling said the Coors Classic needs a letter f rom Council to the state highway department supporting this stage of the race. Councilwoman Walls said she would support this as long as it is not done on a weekend when the roads are really busy. Mayor Stirling moved that Council write a letter in support of the road race to the various state departments; seconded by Councilman Collins. All in favor, with the exception of Council- woman Fallin. Motion carried. 7. City Manager Bob Anderson said Council has previously scheduled a work session for April 6 on code simplification. Anderson said staff believes the draft on code simplification needs more work and they would rather not have the work session on April 6. Council suggested moving the lodge improvement district work session to April 6. Jay Hammond said t hat was fine. Council cancelled the April 9 work session. 8. Mayor Stirling said the Boards dinner and Fire Department dinners will be in April. ORDINANCE #5, - SERIES flF 1987 - Historic Designation Steve Burstein, planning office, told Council this ordinance designates 8 structures to the city's local designation system. Burstein told Council all of these structures were volunteered by the owners for designation. P & Z unanimously recommended Council pass this ordinance. Mayor Stirling opened the public hearing. There were no com- ments. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #5, Series of 1987, on second reading; seconded by Councilwoman Fallin. Roll call 2 Recrular -Meeting _- ~- ---_~_--Aspen City Council ~ March 23 . 198 vote; Councilmembers Fallin, yes; Walls, yes; Collins, yes; Mayor Stirling, yes. Motion carried. ORDINANCE-_#6. SERIS~OF i~387. - Rezoning Moses R-15/PUD and Subdivision Exception Glenn Horn, planning office, told Council this rezoning request is f rom C, conservation, to R-15/PUD as well as a subdivision exception request to create two lots on the parcel. Horn told Council this is an unusual site because of the topographic situation; it sits about 70 feet below the Little Nell slope. There are two existing duplex units on site; however, only two of the four units have been legally constructed. Horn told Council one of the considerations of the applicant is that they want to legalize the situation. Horn said there are only two options to legalize this; to remove two of the units or to legalize what is there by making deed restrictions on two of the units to have a single family on one side and an employee unit on the other side. Horn said the problem with that approach is when you go through slope density, there would not be enough square footage to make those units legal. Horn told Council the applicant has committed to remove a kitchen from each of the buildings and turn them into single family units. Horn told Council P & Z recommends this be rezoned from C to R-15/PUD. The applicant has voluntarily placed a size restric- tion on the units. Horn stated the zoning would be consistent with the zoning in the surrounding area and would not be incon- si stent with the city' s policy of zoning 1 and above the 80 40 1 ine as C, conservation. Horn told Council in this portion of town the spur of the Midland right-of-way is the more logical division between conservation and residential zoning than the 8040 greenline. This is due, mainly, to topography on the site which is far below the visual site line of Little Nell. Horn said this site cannot be seen f rom Little Nell because of the way it drops off, which is a major consideration in the recommendation of R- 15/PUD zoning. Horn told Council both staff and P & Z are recommending approval of the subdivision exception. There are some conditions w hic h have to do with timing of construction. One condition is the timing of the placement of the water line to the site. Horn said it would be best to have the water line installed when the duplexes are removed and the existing development on site is remodeled. Horn said it would be premature to impose some arbitrary deadline and cause the applicant to rip up the site twice. Horn pointe d out if the remodeling and reconstruction does not take place, there is a deadline of 18 months f or the water line. Horn said there is the same condition for the removal of the kitchen, which differs some from the recommenda- 3 Regalar_-i~etin-g- ---__ _---.---.__ __A~,~pen _C~t~r -Council March. 23. 197 tion of P & Z but is acceptable to the planning office. Horn recommended approval of the subdivision exception and of approval of Ordinance #6. Mayor Stirling opened the public hearing. Jesse Graber said the property was zoned in the zealous period. Moses' house has been there for a long time. Graber supports the rezoning. Ed Zasacky, representing Aspen Chance, told Council they support and approve the efforts of Moses. Austin England, neighbor, strongly supports this application. Tom Sharkey supports this application. Jim Blanning pointed out the 8040 line never took into consideration the topography or the lot boundaries. Blanning said he can see no valid reason for not rezoning this property. Chris Lacy said this applicant wants to live on the property and bring it up to code. Lee Forsyth supports this application as it will allow Moses to remodel his property. Mayor Stirling closed the public hearing. Councilman Collins moved to adopt Ordinance #6, Series of 1987, on second reading and to grant subdivision exception for the purpose of creating two lots subject to conditions 2, 3, and 5 of the P & Z recommendation and conditions 1 and 6 of the staff recommendation; seconded by Councilwoman Fallin. Mayor Stirling asked if there are other lots in this sector above the 8040 for which this type of request might be made. Horn the most southerly building of the Aspen Alps is also in the C zone everything else is zone R-15. Gaard Moses said he needs more room in his house due to an expanding family. Moses cannot get a building permit. Moses told Council he would like to build something suitable and in keeping with the neighborhood. Gideon Kaufman, representing the applicant, told Council this has to be separate lots or it remains non-conforming. Horn said the PUD designation is very important or the slope density reduction is not considered. Without the PUD designation, duplexes could be constructed on each lot. Kaufman said the applicant has no problem with the PUD designation. Kaufman told Council currently there are f our free market units on site; this will have two free market units on site. Mayor Stirling asked if the applicant was satisfied with the 3800 square foot limitation on each site. Moses said he is. Roll call vote; Councilmembers Collins, yes; Walls, yes; Fallin, yes; Mayor Stirling, yes. Motion carried. ORDfNANCE-~~1-0;-_5-E-.R_~ES- ~OF 1g87 - Extending Historic Demolition Moratorium 4 Regular Meeting- -~------- - A-~gen -Cit.,y--Cotmcil ~- --March 23-, 1987 Steve Burstein, planning office, said this will extend the moratorium on demolition or removal of historic structures until June 22. Burstein pointed out that 46 structures have already been deleted from the list of structures that were identified on the inventory. These structures were evaluated 0 or 1 by the HPC. 146 structures will remain on the list. Burstein pointed out there is a process through the demolition ordinance to allow for structures to go to HPC and to Council for an exemption from the moratorium. Burstein said the purpose of the moratorium is to give the city the opportunity to work on the incentives program for historic designation and the code amendments. Burstein said staff believes this moratorium is necessary. Burstein said the moratorium will create some inconveniences f or people; however, it is in the city's general best interest to extend it. Mayor Stirling opened the public hearing. Sally Roach urged Council to vote against this ordinance. Ms. Roach said going for a special review is another example of the people working for the government, having to go through one more review. Ms. Roach said this is a economic hardship. Ms. Roach pointed out the city has had six months to get the historic program together and can continue to work on it without tying everyone up in a moratorium. Mayor Stirling closed the public hearing. Councilwoman Walls moved to adopt Ordinance #10, Series of 1987, on second reading; seconded by Mayor Stirling. Councilwoman Fallin said this moratorium extension is wrong, and the work should have been completed by tonight. The building season is starting in one month, and it is wrong to keep delaying people. Councilman Collins agreed, and said six months was plenty of time to get something together. Councilman Collins noted 3 months is a very short time, and unless there is some evidence to indicate the staff and Council has brought this further, it is not wise to extend the moratorium. Mayor Stirling said this is a dilemma as owning an old building is Aspen is a trust. There are fundamental freedom issues and property right issues in this extension. Mayor Stirling said the planning department went in a different direction than Council intended to go. The staff got involved in a designation process, which delayed the original moratorium. Mayor Stirling said staff and Council should bring the incentive program forward rapidly. Mayor Stirling said the incentives need to be strong so that people will voluntarily designate their houses. Mayor Stirling 5 Re 4 ul-a r---~-e ~t~~g- -- __ -- -- --- - - -~s~e.n- ..-C i tv -C o u n c-i 1 -_ - - M~~r c h 2 3 . 19 8 suggested the city finish the incentive program as soon as possible. Mary Martin asked if it is possible to delay the moratorium until second reading of the code changes. B urstein noted when staff first discussed the possibility of extending the moratorium, they set out a time table by which time they hoped to have the code amendments completed, then the incentives. Burstein said staff is moving as fast as they can on the historic program. Roll call vote; Councilmembers Walls, yes; Fallin, no; Collins, no; Mayor Stirling, no. Motion NOT carried. GMP A~P~Ai, - 1001 Ute Avenue Glenn Horn, planning office, introduced into the record letters from Rich Luhman and from Jay Hammond to Ed Zasacky. Horn reminded Council 1001 Ute was granted conceptual PUD approval several weeks ago. Horn told Council in the GMP scoring at P & Z, the application was given a score of 31.67. To receive a GMP allocation, an applicant must get a score of at least 31.8. The applicant is appealing their score in accordance with Section 24- 11.4, which states the applicant must demonstrate either denial of due process or an abuse of discretion on the part of P & Z . The applicant is appealing on both of these grounds. The applicant' s appeal is point by point appeal of the score of P & Z in 4 different categories of 3 different P & Z members. The appeal implies that 3 P & Z member s scored the applicant im- properly. Horn pointed out in land use applications it is difficult to say one point of view is wrong and one is right. Council has given P & Z the discretion to award the score they feel most appropriate based on the criteria. Horn told Council if they were to overturn the score of P & Z it would create a precedent in which applicants in the future would come and question the scores awarded by P & Z members. Horn said the applicant's case may have been more warranted if there were more disparity in the scores of P & Z. Horn pointed out in this case, the difference is one point here and there. Horn said these differences in points reflect the discretionary authority of P & Z. Horn said regarding the denial of due process argu- ment, there is a verbatim which shows P & Z's discussion. Horn said the record shows there was not a denial of due process in that Paul Taddune, city attorney, advised P & Z to let the applicants speak to the points that were being raised. The applicants were given than opportunity and chose not to. Horn said Council has three options; one, certify the score of P & Z, which has been recommended by staff ; alter the score of P & Z; or, three, to remand the applicant to P & Z for them to rescore it. Horn recommended Council certify the score of P & Z. Horn said if Council favors the applicant's arguments, they 6 Re-q u l-a-r M~~9 ___.___ _ __ _ _ _ _ _ -.-A see n ~-Cit~ -Cr~un c i l _ - _ _ - - -March 2 3 19 8 7 should remand this to P & Z rather than rescoring the applica- tion. Horn said Council could just remand the portion of the application that is being appealed, not the entire application. Ron Austin, representing the applicant, stated in the suggestion of abuse of discretion, there is no claim of wrong doing or misconduct on the part of P & Z members. Austin pointed out the finding of abuse of discretion does not require that. Austin said what has happened is a misinterpretation of the facts and a misallocation of the language in the code related to certain aspects of scoring. Austin said this appeal does not establish a dangerous precedent for anyone to file an appeal without any grounds. Austin said this applicant has significant grounds. Austin said in GMP scoring, giving an applicant one or two points is a big difference when the possible points are 0, 1, or 2. Austin said there is a precedent in 1984 based on a similar argument by the Aspen Mountain Lodge, which was successful. City Council reviewed the scoring and added points. This is not a new and novel approach being taken. In the public facilities and services scoring, which is where two areas of scoring are addressed, Austin said it is important to review the code. Austin read the scoring criteria to Council, and noted the approach is upon public facilities and services. The criterion for scoring are, "for 1 point, the project may be handled by existing level of service in the area or any service improvement by the applicant benefits the project only and not the area in general". To score 2 points, the criteria in the code are that the project in and of itself improves the quality of service in a given area . Austin said in the public services area of f ire protection and storm drainage it could be argued whether these are discretionary at all as long as the basic fundamental services are provided. Austin said when Horn made his initial presentation to P & Z in this category he said, "looking at the public facilities and service categories first, it is really a cut and dried category. You either make the grade in this category or not. The key consideration is whether or not your improvements are beneficial to the neighborhood or whether they just service the project itself". Austin said this is an accurate statement of the approach for these areas. Austin said in the storm drainage category, Ramona Markalunas scored one in thi s category; the planning office has recommended a score of two. Austin told Council at the meeting, two things were dealt with. The plan called for a release of water from the site at no greater than the historic rate. The second aspect of the proposal was that the applicant would provide to the city an easement across the property f or the drainage facility concerning the runoff from Aspen mountain. Austin said this easement would fill in the missing link for these easements. Austin stated this 7 Re c~u 1 a r _-M-e-et~i na-l- _-___ -_---------- A s-ue n -City --Co un c i 1 _ - March 2 3-~_ 19.8 7 proposal takes it beyond simply providing drainage for the project itself and it calculated to improve the services in the neighborhood. Austin said that is the basis for scoring a 2 in this particular category. Austin pointed out the planning office statement in evaluating another project said, "the standard for an area service improve- ment for 2 points would be that a system that re-introduces storm water on a delayed basis to maintain historic rates provided". Austin told Council planning office recommended a score of 2 for 1001 project and a score of 1 for 700 East Hyman because that project had not provided for release of the water at historic rates but for on-site dry wells. Austin pointed out Ms. Markalu- nas scored the 1001 project 1 in this category and 700 East Hyman 2 in this category. Austin told Council the application for 700 East Hyman changed their application for the drainage program, during the meeting, in contradiction t o the code to say their would re-introduce the water at less the historic rate, thus getting a score of 2. Austin said that seemed to be allowing that application a different approach from other applicants. Austin told Council he talked to Ms. Markalunas and asked why she rate d the two projects differently and why she didn't consider the drainage easement enough to score this a 2. Austin said Ms. Markalunas felt the drainage from Aspen mountain is a Ski Company problem. Austin pointed out in the growth management a pplic a- tion, the important thing is what an applicant's proposal does for the neighborhood. The applicant's easement provides the missing link of easements. Austin said based on a score of 1 and the project missing the threshold, there is not completed easement to provide for drainage. Austin said Council has the authority to review that score and requested this be reviewed before going any further. City Attorney Taddune recommended Council hear all the complaints of the applicant before acting. Councilmembers Fallin and Walls agreed they would prefer to hear the whole argument. Austin said the second aspect of this appeal is the scoring by Ramona Markalunas in the fire protection category. Austin read the criteria from the code, "considering the ability of the fire department to provide fire protection according to the estab- lished response standard". The basis for scoring 0, 1 or 2 are the same. Austin pointed out in this project, the applicant has provided for a new fire hydrant on site that provides a backup for the other fire hydrants in the immediate vicinity. Austin said it has been pointed out there are gaps in the coverage of the other fire hydrants utilizing the 250 foot radius for hose coverage. This new fire hydrant does not just serve the project itself but is available to improve and to serve the community. Austin told Council he asked Ms. Markalunas why she scored this 8 Reaul-arr-__ _- ------.____As~t~e~r_.Citv_ -C6tm~i1 ~_. __._ __ .March 23 , -198 1, and her response was that there was not enough water supply and an 8 inch line that is a dead end 1 ine does not provide enough water for fire protection. Austin said the code provides if you have a dead end line of more than 200 feet, you need to have an 8 inch line. Austin said this project complies with the code. Austin told Council the issue came up during the scoring proceed- ings whether the applicant could loop its water system as it committed to do in its application. Austin said there was a discussion with the adjacent Aspen Chance subdivision whether this project could hook into their line and cause a looping. Aspen Chance also had a dead end line. Austin told Council when the Aspen Chance plat was recorded, it did not have language which specifically dedicated the water line to the city. The water lines in the Aspen Chance has been considered private water lines, and the Chance will not cooperate to allow the 1001 project to loop. Austin told Council it was the position of Ms. Markalunas that if this could not be looped, then there was not a sufficient water supply. Austin said this is a misunderstanding of what the requirements are. Austin said there is language in the Aspen Chance subdivision that provides to the city easements for utilities and drainage. Austin said the Chance line is 6 inches and is substandard. Austin told Council the 1001 project is caught in a difficult situation. The project could provide looping that would improve the service to the entire neighbor- hood, but Aspen Chance takes the position that 1001 cannot hook into the line. Austin told Council the approach to be taken in a GMP scoring is to score the application as it exists. There was a commitment in this project to loop. Austin said if the easement provided in the Aspen Chance subdivision agreement is a utility easement, which is available to 1001 and runs down the boundary between the two projects, 1001 can loop its water system through that easement whether or not it hooks into the Chance line. Austin said the commitment by 1001 to loop the water line is possible, it is likely that it could be accomplished; however, one P & Z member gave this a score of 1 because the other party necessary to make the looping work was not willing to do it. Austin pointed out during GMP scoring there is not an opportunity to determine if there are other solutions. An applicant makes a presentation, and it is scored by the Commission. Austin said the availability of the hydrant for the use of the neighborhood justifies a score of 2, and Council ought to upgrade the score in this category from a 1 to a 2. Austin said the energy area basic criteria to get a 2 score a project must have an acceptable design but one that is standard. To get a score of 3, a project must have an excellent design. 9 Re g txi ar- -l~e~rrcf-___..._--- -__ _.- --.---._ A~~ezr_--Ci tv C-o un_cri i -_ _. _ _ ..March 2 3- . 1~~9 8 7 Austin said in the 1001 application, the vast majority of all aspects of the energy design are committed to be above code standards. Austin pointed out the applicants made the commitment that the energy things would be above standard and beyond the code requirements. Austin told Council two commissioners scored only a 2 for this project when they had the opportunity to give the project a 2.5 or 3, which were warranted by some of the other Commissioners. Austin noted this is not a solar site, but there are solar things in the application. The primary approach in the application was to conservation, like prevention of heat loss, better insulation, windows and materials. Austin suggested the project is between an acceptable design of 2 and an excellent design of 3. The project should warrant a 2.5 score. Austin said due process is a difficult concept to deal with. If one accepts the fact there is not time to respond and there isn't a specific procedure to allow a lengthy discussion, perhaps all applicants are in the same boat and there is not a lack of due process to one individual. Austin said in the looping discussion, there was no ability to f ocus on what could be done and what the options were. Councilwoman Fallin asked if this was the last application to be scored at P & Z. Horn said he cannot remember the order. Staff did set up some suggested times for each application. Joe Wells said this project was second or third. Horn told Council there were 4 applications. The meeting was split into conceptual subdivision one meeting and scoring the next meeting. Council- woman Fallin said the transcript seems to indicate a tendency to rush through the application. Wells said the city attorney feels because the applicant was given an opportunity to respond to public comments, that eliminated the due process argument. Wells said the two keys regarding the abuse of due process are giving the applicant an opportunity to respond, and having an audience to respond to. Wells said what is not reflected in the trans- cript is that during the applicant's responses, only one Commis- sion member was listening. Councilwoman Fallin asked if this applicant took the same opportunity that 700 East Hyman did regarding storm drainage to change the application. Wells answered the applicants felt confident in that category that they had gone beyond the requirements, and the planning office has supported the maximum score, and they did not spend the time to make comments. Wells said he felt the 700 East Hyman was a change in the application, which is not permitted by code. Ramona Markalunas, P & Z member, pointed out in her scoring, the project met the threshold and asked why is her score being challenged for 1 point. Austin said the reason is the particular scores in the particular areas where there is not a lot of discretion in the first place as opposed to the design cate- 10 Re-4-trlar--Mge-ti-nu-__.____-------__------~s~u~~rr-.~ •.~.- Cotxnci~ --_ _ _ Ma-rch__ 23-,.___1_.987 gories. Rich Luhman, representing Aspen Chance, told Council at the P & Z meeting this applicant had as much time if not more than other applicants. Luhman said one argument centers around the looping of the water system, yet the applicant got the highest score for the water system. Luhman noted Ms. Markalunas scored this above the threshold, and the planning office scored this below the threshold. Luhman requested Council certify the scoring of P & Z. Mayor Stirling moved that the P & Z has satisf ied the code as regard to due process; seconded by Councilman Collins. City Attorney Taddune noted at the P & Z the applicant complained about not having enough time to speak. Taddune counselled the chairman who gave the applicant the opportunity to speak. Councilwoman Fallin said it appears that things came up at the meeting that the applications should have been allowed to respond to and were not given that opportunity. Councilwoman Fallin said any applicant should be able to respond to questions that come up at meetings adequately. Horn told Council staf f t ried to allocate the same time to each applicant. Horn said he cannot tell exactly how much time was taken for each applicant but did try to abide by the time guidelines. Mayor Stirling said due process has not been violated. There was a time constraint, but these are two different issues. Mayor Stirling suggested in the future, perhaps more time could be allotted to these present a- tions. Councilman Collins and Mayor Stirling in favor; Councilwoman Walls and Councilwoman Fallin opposed. Motion NOT carried. Mayor Stirling said there has been a challenge on 3 areas; drainage challenging Ms. Markalunas' score requesting Council change it f rom a 1 to a 2 , f ire protect ion challenging Ms . Markalunas' score requesting the change from a 1 to a 2, and energy and changing Hunt and Ms. Peyton's scores from 2 to 2.5. Councilman Collins moved there was no abuse of discretion; seconded by Mayor Stirling. City Attorney Taddune pointed out the motion needed to grant relief is a motion to grant the appeal on one of two grounds. If that motion does not pass, the applicant does not get the relief they are seeking. Councilman Collins withdrew his motion. Mayor Stirling moved to certify the P & Z scoring as it has been forwarded to Council; seconded by Councilman Collins. 11 Reaul-ar--~~et-ing----------------~-n._~~~c.i __ _._ _ _._-Mare -2-3. -1987- Taddune said Council has a request by an application to grant an appeal. The appeal is divided into two components. One is to grant the appeal on the basis of abuse of discretion. If Council decides to grant the appeal, they then must decide to either grant the applicant the allotment or to send the project back to P & Z. The other component of the appeal is lack of due process. If Council does not grant the appeal, the next course of action is to certify the GMP scores. Mayor Stirling withdrew his motion. Councilwoman Fallin moved to grant the appeal made by the applicant; seconded by Councilwoman Walls. Councilwoman Fallin stated this should go back to P & Z for further hearing. Councilwoman Fallin said she feels due process was denied by rushing the hearings, and it may have been denied to everyone. Councilwoman Fallin said she has problems about what happened in the 700 East Hyman project if they were allowed to change their submittal on the floor. Councilwoman Walls said she cannot second guess what P & Z has done but it does look like, in reading the transcript, that there was a lot of rushing and questions. Councilwoman Walls said it would not be too much to ask that the P & Z rescore this project. Councilwoman Walls said if P & Z then wants to reaffirm their scores, she will back them up. Council man Collins said he feels the applicant has been selective in looking at certain scores. Councilman Collins said the Council has to look at the total response configuration. Councilman Collins pointed out the total scores here were the second highest of all the groups. Councilman Collins said he does not feel there was an abuse of discretion. Councilman Collins said his concern is more the closeness of the minimums, there was a difference of 13/100 below the minimum. Councilman Collins said on the basis of that, he would consider remanding this project back to P & Z. Mayor Stirling said it is difficult to second guess the P & Z when they have received all the information. Mayor Stirling pointed out there is a contest when one is scoring, one is present and receiving information, and then makes decisions. Mayor Stirling agreed this is a selective challenge. Mayor Stirling said there has not been an abuse of discretion. All in favor, with the exception of Mayor Stirling. Motion carried. Councilwoman Fallin moved to remand to P & Z for rescoring the 1001 Ute avenue residential project ; seconded by Councilwoman Walls. 12 ~ ~ ,_-.--_._____~_____~pe-n---~i-ty_ ~o-unciY_ __ _____ __ March-_2~3. -_l._~87 Someone asked if this would be on the entire presentation. Horn said this particular application would be appealing the same scores which Council considered tonight, and P & Z would consider those . The P & Z woul d not conside r the entire application. Taddune recommended the entire application be referred to P & Z because the applicant says on the due process they were not given enough time. Councilwoman Fallin said the intention in the motion was that the entire application be rescored. Wells said there is not a procedure for remands. The code states that Council may change the score. The applicants are agreeable to a remand to P & Z. All in favor, with the exception of Mayor Stirling. Motion carried. E~,--~T3~-i-~-~ i~f~RGR4~fiI~fiSi I~iG-~-~?i~R~~eT Chuck Roth, engineering department, presented a memorandum in an attempt to respond to issues raised in letters from Charles Collins and Ramona Markalunas. Roth told Council the first issue was to account for revenues and expenditures in the electric fund in 1985 and 1986. The report indicates a 1985 retained earnings for the electric fund of $2,600,000 and anticipated for 1986 of $3,400,000. Roth explained this is not comparable to a cash balance. Retained earnings are much like personal net worth with no disposable cash. Mayor Stirling pointed out the cash balance in the electric fund for 1986 is about half of the retained earnings. Roth told Council the second issue in the letters requested staff to provide and accounting of the 53,000,000 bonds issued in 1985. Rot h told Council the breakdown of that amount is mall project $250,000, street lights 5940,000 and electric undergrounding of 52,100,000 for a total of 53,300,000. The mall project was completed in 1985; the street light project is 75 percent complete except for some patching and concrete ramps. The utility undergrounding project spent 51,200,000 the first year and there are plans to spent 5800,000 in 1987. The work is about 2/3 done; the west end is complete, the work around the Jerome is complete. The work in 1987 will be the east end of town. Roth noted the contingency is down to 52,000 for 1987, which is an insufficient amount. The net available budget for 1987 is 545 ,000. Staff is requesting to be able to use some of that for additional contingency for 1987. Councilman Collins asked if the contracts for 1987 have been awarded. Roth said the city plans to continue the existing contracts, which were unit price contract. The staff has been very happy with the work that has been done. Gideon Kaufman said 13 R-e, i-a-r - -_-----._.__. ~is-ue-rr--~ity_.~ounc..ri-... --- -.._ _M~,r~ch 23-. -_19-87 in 1982 the city entered into an agreement with his client, John Vicenti for the alley behind his property. In exchange for Vicenti not moving a fence, the city agreed they would unde r- ground the utilities. Kaufman said he would like direction to be given that the city live up to its obligation and get this undergrounded. Roth told Council Collins' letter requests the addresses of the 560 locations still serviced by overhead lines. Roth said there are significantly more than 560 locations to be identified, and this is work planned for the consultants to supply. Roth said one question was the policy of the electric department regarding installation and maintenance of service loops f or overhead and underground service. Roth pointed out in general utilities only maintain overhead service connections. Roth told Council the city is proposing that the customer owns all the way from the structure to the trench line when its undergrounded. The city proposes to provide secondary service to the property line. Roth said that meters are generally on the structures. Council- man Collins said historically the services come in from the alley on the secondary line with a service drop to the house, and that's where the meter is. Councilman Collins said it has always been the city's policy to maintain to the meter. This new policy will be what is underground is part of the owner's respon- sibility. There will be two policies; in the case of the city it will be the owners responsibility to the property line and in the case of Holy Cross, it will be the owners responsibility to the property line and from there to the transformer. Councilman Collins said this is a significant policy change and could be a very expensive proposition to property owners. Councilman Collins said the dividing point is the past has always been the meter. Councilwoman Walls said there may a difference in who wants to own the line depending on where it is. If it is overhead, it is fine for the city to maintain it. If it is underground, regardless of where the meter is, people may want to have responsibility for this themselves because it is their yard. Councilman Collins said it is a new policy and a new precedent. City Manager Bob Anderson said there is no change in policy; the change is customers are going from overhead to underground and are going from one city policy to another city policy. Anderson said the people that live in the west end feel that people will voluntarily do their own undergrounding, and there is no need for a district. Anderson said the second thing is what can the city do in the case of people who do not do their own undergrounding. Anderson said staff feels a district is the most expeditious and clearest procedure. Anderson told Council the task f orce f eels that people who want to underground voluntarily will not be hurt by this district. This district will facilitate the job for 14 Re-uu-~ --_--- -- _-Assn---~itv__C6rm-~i __ _ _ ._- _--1~arc~ ~~ : _.1....987 people who do not want to underground voluntarily as well as provide a means to coerce those who do not want to underground to become part of the system. Anderson pointed out if a person or two along the line does not underground, there will be wires and poles still in the air to serve those people. Anderson said a formal district is appropriate to spread the payments out and also to have the city borrowing money to do the job. Mayor Stirling said the city should give homeowners a certain amount of time to see what the level of compliance there is, and then proceed with whatever makes sense. Anderson said people involved with this feel it would be better to do more informal surveying before going farther. One of the issues is the question of extent of the district. Anderson pointed out staff feels doing the district is asking these questions. Anderson said staff does not agree with informal questionnaires. The issues is how much to authorize in consultant expenses. Anderson told Council there is 120 days from passage of Council's resolu- tion to go to the next step. The task force feels it is in the community's best interest to move ahead as quickly as possible. Anderson said an alternate is to do some of the questioning informally. Mayor Stirling moved in the follow up of Council's majority decision two weeks ago to take the next step by using staff to do an informal survey, surveying both the west and east ends and make as good a determination on voluntary compliance as can be done and extend the time if need be; seconded by Councilman Collins. City Attorney Taddune said the statutory procedure contains a mechanism by which a property owner can provide his own un der- grounding at his or her own expense. There will be an oppor- tunity for each property owner to receive notice and to make a decision whether or not to be included in the district. council said they did not want to get the district started that far until they know what the interest is and by when they want to do their own undergrounding. All in favor, motion carried. Ramona Markalunas said the date by which this should be done is crucial to property owners. Jan Collins asked if the city has established the district. Anderson said the district has been described graphically in maps and includes the areas under- grounded last year and the ones that will be undergrounded this year. Anderson said there has been a q uestion as to whether using Banner for this informal survey is appropriate or not. 15 • _~..~_ ._ ^__~-s-~ -~i ty---C-ourrc-zl _- _ _ __ _ _._ _ -Ma-r ~h _2 3- ._. i-9 8-7 Mayor Stirling moved to set a ceiling of $10 , 000 in the informal approach for the survey to hire Banner to assist in this, to be used out of the electric bonds; seconded by Councilwoman Fallin. Anderson said the staff will use as little money as possible and only that which will go towards a final effect and will be saveable. All in favor, motion carried. Anderson pointed out the 120 days time limit is in effect. There are other things that have to be done to get the district formed. All the utilities involved have to get together and look at the district. Anderson pointed out this is not a retraction of the Council's decision to form a district. What this does is to use up more of the 120 days on the process and to do more informal surveying on the f ront end. Roth said there are 3 different utilities that have to respond to the 120 days with 3 different engineers looking at the district. Roth said these costs will get passed on to the district. It was the city's desire to save some costs to the property owners by having Banner perform the work f or all 3 of the utilities. Taddune reminded Council they have initiated the first step toward the formation of a district, not formed the district itself. C~~~6~3-i~~--~r~ City Manager Bob Anderson said if Council would 1 ike the issue of not doing the basement remodelling and bringing some of the county offices into this building, it would be prudent to spend money doing drawings on that plan. Anderson said informally the county has been willing to go 50/50 on that plan. Mayor Stirling said there appears to be $500,000 savings by not doing the basement renovation. Mayor Stirling moved to support alternative 3, a combination of maintaining city hall but not doing the basement and working with the county to use the community center and city hall as offices; seconded by Councilwoman Fallin. Anderson said the Courthouse Plaza building is for sale, and may be another alternative to explore. Mayor Stirling urged Council to consider lowering the amount to be spent on city hall on the ballot to a number lower than $2,000,000. Mayor Stirling amended his motion to include up to $2500 to be spent on drawings for alternate 3; seconded by Councilwoman Fallin. 16 Re-gtx ~---.- --_._.______._~.s~p+~rr~---~ity---Co-un~rl_--- ----__ _ --parch- 23 . _ 198-7 Councilman Collins asked if this proposal including trading space in the community center, or the Red Roof for $100 a foot. Councilman Collins noted a space is a space and someone will be displaced. Anderson said there is 23,000 square feet at the community center, and this proposal would only be using about 8,000 square feet. All in favor, motion carried. P6~S~B- ~~- -6f' -~i-~i~-~A~$it1- --$~1-D~E Chuck Roth, engineering department, said during construction this has been ref erred to the lixiviation bridge. Roth outlined the history of the silver mining town and the ingredients necessary to be a successful silver mining town, like silver ore, a train and a smelter to reduce the ores for more economical shipments. Roth said the Slaughterhouse bridge is also named after an industrial facility. Roth said another suggested name f or this is the Sawmill bridge. Roth said lixiviation is the process of separating ingredients, which was taking ore out of the mines and refining it to contain more silver per ton. Councilwoman Fallin recommended asking the PCPA for their suggestions for naming this bridge. Mayor Stirling moved t o ask Pitkin County Park Association to bring back to Council some recommended names for this bridge; seconded by Councilwoman Fallin. All in favor, motion carried. RE@~E~S~--~~-~E~@R~-i~1A~R6L~---~ARi~T Mayor Stirling said the request is that Council give acquisition of the Holden building to the historical society for the purpose of preserving and restoring it with the idea that it remain at its present site. Councilwoman Fallin said she would 1 ike to know what the historical society plans to do with this building. Councilwoman Fallin said the historical society plans to put their mining exhibit elsewhere. Mayor Stirling moved to contact the historical society to have a work session with them in the next 60 days; seconded by Council- man Collins. Ed Zasacky, PCPA, said their recommendation is not to have this building moved off the Marolt site. All in favor, motion carried. Gi~P---E~ffiRi~i~-~-E~' - Aspen Mountain Lodge 17 R~e-gtxl-aT . _---____~s.pen--~i ty--- ~oIIn~~ - ---- - --- -M~-rcir- ~-3 ,- _ 19 8-7 Alan Richman, planning director, told Council this is a request for an extension to the building permit application, which was submitted in November 1985. There have been two previous extensions granted; March and September 1986. These extension were both to the building permit submission requirement. The applicant has requested an extension to September 18, 1987, due to the pending litigation on the property. Richman recommended Council approve this extension as there was too much put into the approvals for this project to have it lapse under these cir- cumstances. Richman said there is a potential for the city to be reviewing the project again in the future, and staff would rather let the project stand or fall on its merits rather than on the technicality of the process. Councilwoman Fallin said she does not see that an extension serves the benefits of the community when the current owner keeps throwing in legal roadblocks. Councilwoman Fallin said if it is sold, a new owner would come in with a totally different proposal which would throw out all the previous reviews. Richman told Council the Code gives a strong basis to review any future development applications on this site. Richman said Council, in the past, has indicated a desire to let this project be processed through its legal phases and brought to where it either could or could not be built in its current configuration. Bob Hughes, representing Commerce Savings and Loan, told Council the parties have done their best to move the litigation along. There have been complex problems in the process. Hughes told Council there is a f oreclosure sale pending. There are issues before the j udge, which they hope to have resolved this week. Hughes pointed out this will not go on forever. Hughes said his clients have a strong economic desire to get this solved as quickly as possible. Hughes said in the community's best interest, there was a lot of time spent by staff, elected officials and the community getting the project approved in May 1985. Councilwoman Fallin asked if this extension is granted, what does that to do the lodge allocations. Richman said in the 1986 lodge competition, there were no units available, by right, nor would there be in 1987. The quota is eligible f or anyone to apply f or, whether or not future allocations are granted. Richman pointed out with the Little Nell project, Aspen Mountain Lodge, and the Jerome being built, the lodge quota is into the 1990s. Jim Pavisha, representing Aspen Mountain Lodge, told Council if John Roberts were successful in this litigation, he would be able to start the project quickly because plans and foundation drawings are into the building department. Pavisha said the items that were a benefit to the city when this project was approved, like 18 R~-gn-l-az-_--M~ _-._----------A~ue~r--~ity_-Courr~ii_----- -- _____Ma-rte - ~3-j- 987 infrastructure improvements and employee housing, would move quickly. Mayor Stirling asked how much money has been spent on this project. Pavisha said they have undergrounded the utilities and re-routed the water line and have spent over $500,000 on that and have spent 5750,000 on remodeling the Continental Inn. City Attorney Taddune told Council the judge assigned to this case is concerned about expediting the procedures. Hughes said depending on the outcome of the legal proceedings, Council could be dealing with John Roberts and his development proposal. If the bank wins the proceedings, the bank has a pending contract with Donald Trump, who has his own plans. Hughes told Council a bankruptcy is possible. The foreclosure sale is currently scheduled for the next two weeks. Roberts would then have 75 days in which to redeem. Mayor Stirling noted that would take the process into July, which is only 60 days from the requested extension. Councilman Coll ins asked if this extension is not granted, would it k ill the project. Richman said it would. Councilman Coll ins asked if it is appropriate to consider an extension with some consideration to the city. Councilman Collins said when the Council originally went through this process, there were parking places in the Continental Inn parking lot that were to be used for the bloodstone . Councilman Coll ins said he does not know whether these are still available for public parking. There was also the issue of parking on the old Aspen Inn site. Councilman Collins said if Council is going to consider more extensions, there should be some consideration and benefits accruing to the city in exchange for this extension. Councilman Collins said when the lodge improvement district was first discussed, the Aspen Mountain Lodge was about 40 percent of the district and was going to fund a certain percent of the district. Councilman Collins said given the uncertain cir- cumstances up there, it is not known where that project will fall within the improvement district. Councilman Collins said he woul d like some tangible consideration if the city is going to continue giving extensions. Councilman Collins said he would like to see the parking at the Continental Inn restored. Councilman Collins pointed out there were adjustments made during the processing of this application, and the city has conceded on a number of points. Councilman Collins said he would like to know what the concessions were that the city made so the city can maintain the integrity of them until the project is ready to go forward. Councilman Collins said he feels parking in that area would be of appropriate nature. Councilman Collins said perhaps the problems with insurance and the parking lot could be solved. 19 R.~~ui--ar---l~e~tng -- __~____-~sue~-rr^-Ci.ty- -~o-cm~l~--- _ _---- ~.~+iarch_ 2-3-._ i 9-5-7 Pavisha told Council, as a receiver, they do not have the funds to do a lot of things in the project. The bank does not want to put any money into the project. Hughes suggested there may be some items of this type he could work on with the city attorney. Hughes suggested the parking lot could be conveyed to the city to solve the liability issue. Mayor Stirling moved to extend the deadline to April 13, 1987, to continue this discussion and to direct staff to work with counsel for the bank and with the receiver to see what possible trade offs there might be; seconded by Councilman Collins. Councilman Collins said he is not talking about large expendi- tures. There were a number of concessions made, street vaca- tions, etc., and these should be looked at to see what can be provided f or the city. Councilman Collins said one thing that comes to mind it the lost parking at the Continental Inn and restoring those spaces. All in favor, motion carried. (?R-D-iNA ~~-~-~F`---~~-8-~ - Historic Preservation Code Amendments Councilman Collins moved to read Ordinance #11, Series of 1987; seconded by Councilwoman Fallin. All in favor, motion carried. ORDINANCE #11 (Series of 1987) AN ORDINANCE OF THE ASPEN C ITY COUNCIL REPEALING AND RE-ENACTING SECTION 24-9 OF THE MUNICIPAL CODE, HISTORIC DESIGNATION was read by the city clerk Councilman Collins moved to adopt Ordinance #11, Series of 1987, on first reading; seconded by Councilwoman Walls. Alan Richman, planning director, said this ordinance is important and has received a lot of attention over the past few months from staff, P & Z and the code consultants. Richman said the original direction from Council was to revise the existing historic preservation procedures to allow for review of houses or build- ings before they might be demolished and to place some review procedures governing expiration of HPC approvals. Richman told Council as this was developed, staff realized these would not work well with the existing ordinances. Richman said the current historic preservation regulations are a great example of why the staf f and Council needs to be involved in code simpl if ication. The current regulations are extremely difficult to read and 20 Reutrl-ar--Me ~t-i~rru----.. _. __~___.___~ ~n .~.i ty--_~o-unci i _ __ _ _ _ ._. _. _ marsh _.2-3~.._ -198 difficult to administer and place people in time consuming reviews for insignificant activities. Richman told Council putting this ordinance into effect this spring will make HPC's work easier to handle. This ordinance removes many unnecessary review steps from HPC and makes their work clearer. Richman said staff has spent a lot of time with the development community getting input for this ordinance. Richman pointed out this new format for the ordinance is similar to that f or code simplification and will f it in well with those efforts. Steve Burstein, planning department, pointed out the resolutions of endorsement f rom HPC and P & Z are included in Council' s packet. There are some additional recommendations that the HPC would like Council to consider. Burstein said the four main subsections are designation procedures, administration and decision making entities, development review, and demolition and removal review. Burstein told Council staff has attempted to eliminate the cross references and the requirements. Some redundancy results from this, as each subsection is to stand on its own. Burstein said the areas of significance are historic, architec- tural importance, neighborhood and community character. The core of the code is the review standards and submission requirements. Three basic types of review procedures have been created; exemption, minor development and significant development. Burstein said presently it is fairly ambiguous where projects fall in the review procedures. This ordinance makes more fair distinctions in the steps. Burstein said staff's authority t o sign off on minor reviews has been increased but has been made more definitive. Burstein said staff feels the historic preser- vation review function requires the committee's discretion in most areas. Burstein told Council the guidelines have become part of the review process and have been incorporated into the code by reference. Burstein showed Council the draf t guidelines, which are still being reviewed by HPC. After HPC makes a recommenda- tion on the guidelines, they will be adopted by Council. The significant development is a more clear process with the public hearing to be held at the conceptual stage. Burstein pointed out the demolition and removal review is only for landmark historic structures. The submission requirements are quite comprehensive and the review standards are fairly strict. Burstein told Council the HPC has the ability to suspend action for 6 months if they feel the demolition is not something they would like to approve right away. The onus is on the city to work with the applicant to figure out what the alternatives may be. 21 Re~utx~a-r--Mge-ti-rra-~--_.____ __-_~~e~_.~_~~-~o.u~c..ri - -- -- __._. __ M-a_rch --23-.---1-987 Burstein said the city retains the ability to deny demolition applications as well as development proposals. There is an appeal process to take a decision of the HPC to Council within 60 days. Burstein recommended adoption of this ordinance on first reading. Burstein said more work is needed on the public notification process for demolitions. Mayor Stirling asked if Council is interested in including all Victorians in demolition review whether they are a landmark structure. Georgeann Waggaman, chairman of HPC, said the cutoff point for structures included in the demolition review still should be determined. Richman said staff is looking at criteria as to when a structure should be reviewed before demolition and when not. Mayor Stirling said Council has to determine if they want the HPC recommendations incorporated into this ordinance. Bill Martin suggested that HPC and P & Z resolve their difference in language changes before this ordinance is considered by Council. Burstein said most of the changes HPC is requesting regard how that body is convened. Mayor Stirling moved to directed staff to facilitate the resolu- tion so that P & Z has seen it and make a recommendation to Council before second reading; seconded by Councilman Collins. All in favor, motion carried. Roll call vote; Councilmembers Walls, yes; Fallin, yes; Collins, yes; Mayor Stirling, yes. Motion carried. 4R~ N--#-8 :-s~~~~-~--aF`--~ ~-8~7 - Employee Retirement Councilman Collins moved to read Ordinance #8, Series of 1987; seconded by Councilwoman Walls. All in favor, motion carried. ORDINANCE #8 ( Series of 1987 AN ORDINANCE AMENDING SECTIONS 2-100, 2-101 (a) (c) (f) , 2-200,2-201, 2-202, 2-300, 2-302, 2-303, 2-400, 2-401, 2-402, 2-403, 2-405, 2-406, 2-407, 2-500, 2-600, 2-601, 2-602, 2-603, 2-604, 2-605, 2-700, 2-701, 2-800, 2-803, DIVISION 9, 2-1000, 2-1001, 2-1002, 2-2000, 2-2001, 2- 2001 , 2-2003 , 2-2004, 2-3000, 2-3001, 2-3001, OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO TERMINATE TH E EMPLOYEES' RETIREMENT PLAN AND TRUST AND TO MODIFY REQUIREMENTS FOR ELIGIBLE EMPLOYEES TO PARTICIPATE IN A DEFERRED COMPENSATION PLAN was read by the city clerk Councilman Collins moved to adopt ORdinance #8, Series of 1987, on first reading; seconded by Councilwoman Walls. 22 ~~..-_- i~ s~e-n- -~i tv-~_~C~un-c-r3 __ _ __ __.___ __-~a~r~~r_ ~ 3 -..198-7 _ _____- Craig Overbeck, finance department, told Council the Metropolitan Life Insurance administered the employee pension fund from 1976 through 1986. At that time, the city's contract to make further contributions into that plan expired. In 1981, the city con- tracted with two companies to provide deferred compensation plans for employees. Most of the employees withdrew from the Metropol- itan plan. Overbeck told Council the monies in the Metropolitan plan can stay there until 1994; however, contributions will no longer be made to the plan. Roll call vote; Councilmembers Fallin, yes; Collins, yes; Walls, yes; Mayor Stirling, yes. Motion carried. (Councilman Collins left the room due to a conflict of interest) . Bob Murray told Council the bids were not closed until last Friday. There were only two bids. Staff is recommending Council approve the lowest bid from Rudd construction. Murray said the Wheeler has unexpended 543,000 and the lowest bid is $10,000 above that. Murray told Council he is trying to raise the difference from private sources. The city has budgeted for this from the land fund. Mayor Stirling moved to authorize the city manager to enter into a contract with Rudd construction for 554,640 to provide all necessary equipment and work to install the air cooling system at the Wheeler Opera House; seconded by Councilwoman Fallin. Mayor Stirling said this motion implies it will only cost the city 544,352 additional monies. All in favor, motion carried. Bill Efting, recreation director, told Council the requested $20,000 is a low figure. There are gaps in the plaster at the bottom of the pool. Every year the staff has waited to see if there are going to be greater improvements. Efting said whatever happens, the Moore pool will have to serve the community for the next 2 or 3 years. The safety improvements to replace the gas chlorine system are very important. Efting told Council he has done research and can go to 1 iquid chlorine which will work better with the system and stay within the 520, 000. Ef ting told Council he has talked to the environmental health department about the liquid chlorine to make sure they can put it in underground, and there is not a problem. Efting said as an alternative to the plaster, he could get by this summer by 23 -_ -----~-~-~ --E..i_tp--~,..ti-nc ~___ _ -__.. ___ M~_rc h --2-3- .--.-1-~-8~ patching with electric brushes. This will only last for one summer. City Manager Bob Anderson said these improvements could come out of the land fund. There is $35,000 available. The land fund is available for maintenance and capital improvements. Councilwoman Fallin said taking this money out of the land fund is really stretching the definition of maintenance of park facility. Councilwoman Fallin said she does not consider the swimming pool a park. Assistant City Manager Mitchell said the sixth penny maintains all the parks, city hall, the parks facility. Councilwoman Walls moved to fund the James E. Moore pool improve- ments at $ 20 , 000 from the land fund; seconded by Counc ilman Coll ins. Efting asked if the staff can bid this and oversee the bid process and not return to Council. Council agreed with this procedure. Councilwoman Fallin said she is in favor of these improvements but not funding it out of the land fund. Council- woman Fallin said she was not aware city hall was being main- tained out of the land fund. Mitchell said it specifically says in the land fund ordinance is can be used to maintain city historic buildings as a valid expenditure. All in favor, motion carried. Assistant City Manager Mitchell reminded Council this was discussed during the 1987 budget hearings. Council requested staff review the figures on this project and return when there was a decision to be made. Mitchell said staff did two projec- tions at the low flow and high flow scenarios. Mitchell told Council based on these projections, and compared to the cost paid to MEAN for electricity, staff feels they can proceed with this project without asking Council for any electric rate increase or change in the electric fund budget. Mitchell said the money the city is paying to MEAN right now for kilowatt power can be used to develop this project, in the long term it will provide a source of power that will be substantially less expensive tha n any other source of power in the future. Mitchell said the costs for the project include the generator, the structure to house it, the penstock as well as an improvement that may need to be made on the diversion pipe. Mitchell told Council the low flows would generate about 1,000,000 kilowatt hours of power. The high flows would generate 2,500,000 kilowatt hours of power. Mitchell said the total debt service wold be $525,000 for a 15 year bond at 8 percent. Staff compared it to 24 _ ~ g,P ~~-f:`~u~nc-i~ ___ _. __ _ _-~a-rc-h_ ~-~-: -__1-9 8~ the budgeted amount of the current budget which is 4.6 cents per kilowatt hour. Mitchell explained the chart showing the year by year annual costs including the annual maintenance of the plant, the wheeling charges, insurance, etc. principle and interest payments. Under the low flows, the city loses a small amount in the first few year, which would be made up in the electric fund. the fourth year would start positive cash flow and by the sixth year there would be cumulative profits on the project. Mitchell told Council in the high flow, the city would start generating a positive cash flow in the first year. City Manager Bob Anderson said this looks like a very good return for a project. Mitchell reminded Council when they look at energy, it has to be looked at in the long term. This project after the 15th year will be cheaper than any other power source the city could find. Mitchell said Maroon hydropower project will supply about 4 or 5 percent of the city's electric needs. Mitchell said this project would be trading where the city spends its money. Instead of paying MEAN 4.6 cents to buy power from them, this money would be put into the hydropower project. Mitchell said the city will try to structure the bonds so that the city is not paying debt service until this project i s operating. Mitchell told Council the start of this project will depend on how fast the city can get a FERC license and how fast High Country can do the final design. Mayor Stirling said this project is at the best stage the Council has ever seen it. Mayor Stirling said this project has more to do with stabilization of water rights in this valley. Mayor Stirling moved to direct staff to proceed with final design of the Maroon Creek hydro project and develop the necessary bond information to present to Council; seconded by Councilwoman Fallin. Councilwoman Fallin asked if the city and homeowners have come to an agreement. Mitchell answered the agreement has been approved by both Council and the homeowners. This agreement will have to be submitted with the FERC license. All in favor, motion carried. RitfiA~3$i~fiA~ ~CE-~RC~~~3~5 I~G NAT-i$N City Manager Bob Anderson said there is a peace walk scheduled, and there are several people from this area who are interested in walking in that peace march and making a statement. Anderson told Council only 200 people from the United States are going to be selected to be involved in this peace march. Anderson said if the Council picks one person for this peace march, what is the basis to chose one person to be the city's representative. 25 Re-atrl-ar- ~ _ _ -.__-.-~---~-s-ge-rr---~i ~y-~u~i~___ _ _ ------ -Marc h --- 2 3-_ .3.98-7 Anderson said if Council wants to make a statement that someone will be walking f or the Aspen community, Council could endorse the concept and if a person is chosen, they walk for the com- munity. Mayor Stirling suggested that the Council enthusiastically support the United States Soviet Unions peace walk with a resolution or proclamation, and give the responsibility of selecting someone from the Aspen area to the local peace or- ganizations to make that selection. Councilwoman Fallin said she would go along with the resolution endorsing the peace march and nothing else . Mayor Stirling agreed if someone f rom Aspen is selected to go on the peace march, they could return to Council for further endorsement. Mayor Stirling moved to endorse the concept of the United States Soviet Union peace walk; seconded by Councilwoman Walls. All in favor, motion carried. Councilwoman Walls moved to approve the consent agenda; seconded by Councilman Collins. The consent agenda is Liquor License Renewals - Crystal Palace; Asia; Ski Company Banner; Minutes- February 9, 1987. All in favor, motion carried. F-i~A#~ Mayor Stirling requested this be put on the next agenda. Mayor Stirling noted this report contains some very good news. Rte}--~tf~F`-~-~E~f1Rg' City Manager Bob Anderson told Council he is a little behind in putting together the request f or the next stage. Anderson said the things he will be asking are a 5 year pro forma, some financial background on the applicants. Anderson suggested at this stage that earnest money or a bond be asked for from the applicants. Anderson said 510,000 would be the minimum he would consider. Councilwoman Fallin said the Trust f or Public Property should not be considered because it is too sketchy and there are no names in the proposals. Councilman Coll ins moved to adjourn the meeting at 9:10 p.m. ; seconded by Councilwoman Walls. All in favor, motion carried. 1 .~ ^_ _. -- - - - ----- ~ t- Kathryn S, och, City Clerk 26