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HomeMy WebLinkAboutminutes.council.19850610Regular Meeting Aspen City Council June 10, 1985 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Blomquist, Walls, Knecht and Collins present. MINUTES Councilman Blomquist moved to approve the minutes of April 17, 22, 29, 1985; seconded by Councilman Knecht. All in favor, motion carried. CITIZEN PARTICIPATION 1. Lee Miller told Council he favors the Aspen Mountain Lodge project; however, he has discovered the lodge project plans on closing Mill street for the next 1% years. Miller pointed out when tha mall was constructed, business went down 50 percent. Millsr said it is incredible to close off a street which services 700 rental guests a day. Miller said they have ~o close off the street in order to put parking underneath, but they should be compelled to keep a5 least one lane open. Closing Mill street will have a staggering impact on the area. Councilman Collins said there have been power poles placed on Monarch s~reet, which makes the street narrower and ~s a dangerous situation. Councilman Collins Councilman Collins said this all goes back to the discussion of monitoring the project, and coordinating and make sure the residents are not inconvenienced any more than necessary. ~ouncilman Knecht said he feels the Aspen Mountain Lodge project needs a liason for thi~ projec~ between the builders, developers, city and residents. Council asked the city manager to report back at the next meeting on the street closure and other items. Jay Hammond, city engineer, told Council the power poles on Monarch are a temporary situation while rerouting to underground electricity. Mayor Stirling suggested the staff following this up to see if there could be a balance on Mill street. Councilman Blomquist suggested accelerating the Galena improvements. Hammond told Council said the lodge project will maintain Summit street and access off Galena. 2. Bardley Walrath told Council he wants to buy a golf pass and was referred to Council by Jim Holland to see if Council is willing to waive their rules. In order to get a golf pass a person has to be registered to vote, pay property taxes or receive a food 5ax rebate. Walrath thold Council he does not qualify. Council referred this to the City Manager. 3. Dan Abbott, vending machine company, requested permission to put some vending machines on the 5th hole at the golf course. Abbott said Council had directed staff to put the vending contract out to bid, and the bidding process has not yet started. Colucchi's is closed and Abbott would like some machines a~ the golf course. Council directed staff to work something out to get some services at the golf course. 4. Tony Welgos, City Market Manager, asked Council to approve their PUD request. Welgos said time is of the essence as they want to put bedding plants and gardening materials in front of their store. Welgos said they went through the process, and P & Z recommended their request. Welgos said under this agreement, the city will have more control and City Market will be legal. Council agreed to add this to the agenda. COUNCILMEMBER COMMENTS 1. Councilman Collins brought up the sign code report and asked if the committee ls still in force. City Manager Schilling said the committee is still in force but has not met recently. Schilling said there should be a report from the comalittee. 2. Mayor Stirling read a proclamation proclaiming June 10 "Ethel McCabe" day. Mrs. McCabe was born in Aspen June 10, 1910 and has lived here most of her life. 3. Mayor Stirling asked about the arbitration on the Cemetery Lane duplex. City Manager Schilling said a repor~ will be coming the end of the month; the arbitration date is set for June 21st. 4. Mayor Stirling said he is concerned about the joint maintenance facility and contract as it is in direct conflict with Council's motion. Mayor Stirling said he would like to have this as a future agenda item. 5. Mayor Stirling asked if there is any word on the Red Roof Inns operation. City Manager Schilling said Council needs ~o discuss this in an executive session. City Attorney Taddune said Council also needs to discuss RETT litigation and the Castle Ridge lawsuit. Mayor Stifling moved to have an executive session on those three items; seconded by Councilwoman Walls. All in favor, motion carried. 6. Mayor Stirling said he received a complait about the RFTA buses runnlng too long, polluting the air and making too much noise. Mayor Stirling asked Councilman Collins ~o follow this up. 7. Mayor Stirling said he would like to send a letter of congratulations to Snowmass Resort Association on the Town of Snowmass Council for %he opening of the Snomass confer- ence facility. ORDINANCE ~8, SERIES OF 1985 - Smuggler Assessments Mayor Stirling opened the public hearing. City Manager Schilling requested this be continued to June 24 at the request of the homeowner's attorney. Councilman Blomquist moved to continue the public hearing to June 24, 1985; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~25, SERIES OF 1985 - Water Rate Increase Finance Director Sheree Sonfield told Council this is the 5th year of a 10 percent wa%er rate increase planned for in 1981. Ms. Sonfield told Council if these increases are not made, the water fund balance will look worse than it does. Mayor Stirling opened the public hearing. Mayor Stirling read a letter into the record from Frances Kalmes opposing the water rate ~ncrease, and that property owners will forego keeping city property attended. There was a letter from Mrs. Snyder objecting to the increase, and wondering the effect of the ~ncrease on the city watering the golf course and the Ski Company making snow. Mayor Stirling received a phone call from A1 Prechtl objecting to the water rate increase. Jon Busch said the water department budget has money for flouridation equipment to do a year round program. Busch said flouridation of the city's water was not passed upon by the voters. Busch said this program could be eliminated and money saved for the water fund. Reynard Elder said ~ncreases are hard for senior citizens living on fixed incomes. Elder said it will get to a point where lawns won'.t be watered and that won't be good for the community. Elder said it costs over $260 to purchase a water meter. Ms. Sonfield said there is a policy stating if a senior citizen qualifies, the surcharge for not having: a meter will not be charged. The staff has been working to raise funding to pay for or finance the meter. Judy McKenzie, utilities supervisor, told Council there is funding ~egu±ar ~eetln~ Aspen C~ty Council June 10, 1985 for electric through LEAP but cannot find a program to assist senior citizens with the water program. Ms. McKenzie said a meter usage bill is much lower than paying flat rates. Ms. Sonfield said the staff will return with senior citizen policies in the next couple of meetings. Angie Griffith asked if it is costing the city money, why is the city making everyone go on meters. Jim Markalunas, water department, the purpose of going on meters was accountability and to have everyone pay their fare share. Markalunas said there has been a decline in revenue as meter conversions go forward. The staff is working on a water rate~.reform, the residential users will pay less and the commercial and short term occupancy will pay more. Ms. Sonfield told Council mandatory metering has been discussed for more than 10 years. One reason for metering is because of losses in the water system, and has been helpful in identifYing problems in the system. Another reason is conservation and the need for capital plant. Ms. Sonfield said the new rate structure will be primarily a fixed structure and the bill will not be based on usage but because of the capital plant. John Musick said by taking into account conservation and by making people aware of their water needs, future capital expenditures can be reduced. Musick said future capital expenditures is a crucial issue facing cities. Musick told Council the legal system is pushing toward not permitting cities to charge for extraterritorial service, if they are not fully metering their own service. Lee Miller told Council for his personal home his flat rate is $232 per month. It is on Red Mountain, but that is an exhorbitant rate. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt Ordinance ~25, Series of 1985, on second reading; seconded by Councilman Knecht. Councilman Collins said the water rates have been increased 61 percent over the last 5 years, and the tap fees will go up 100 percent. Councilman Collins said with the fixed debt service the city has, there will be more increases. Councilman Collins said the original capital expansion of the water plant was $27,000,000 and the city has only implemented $9,000,000 of that plan. The additional revenue for the water fund will have to come from the customers, and there will be more water rate increases in the next 5 years. Mayor Stirling said the cost of water has to pay for the system, but the rates have to be affordable. Mayor Stifling said water is essential, not a luxury item. People have been conserving water for a variety of reasons, which results in less revenues to the~ system. Mayor Stirling said the effect of the new water rate reform ordinance will be to spread the cost more equitably through the system. Mayor Stirling said Council ought to defeat the 10 percent increase and work on Ordinance ~27, and refine the rate structure. Roll call vote; Councilmembers Collins, nay; Knecht, aye; Blomquist, aye; Walls, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~26, SERIES OF 1985 - Connect Charge Increase Mayor Stirling opened the public hearing. Bil Dunaway questioned this ordinance addressin¢ EQRs in this ordinance when the next ordinance will eliminate EQRs. Mayor Stirling said the water rate reform ordinance will take approximately six months to implement. Finance Director Sheree Sonfield said the staff anticipates sending a questionnaire out to each customer for review of the uses of their business or residence to make sure they are accurate. The staff is also looking for approriate software for this program and converting the files. Jim Markalunas, water deparment, told Council Aspen's water system has had deficiencies and the $9,000,000 water to correct these. Markalunas told Council Aspen ~as not included in a recent list of 50 cities which are treating giardia inadequately. Markalunas said if Aspen is going to maintain a quality water system, there has to be the means to pay for it. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt Ordinance ~26, Series of 1985, as amended; seconded by Councilman Knecht. Roll call vote; Council= members Blomquist, aye; Walls, aye; Collins, nay; Knecht, aye; Mayor Stirling, nay. Motion carried. ORDINANCE #27, SERIES OF 1985 - Water Structure Reform Councilman Knecht moved to continue the public hearing and table this until the new Council can get involved; seconded by Councilman Blomquist. Councilman Collins said this ordinance sets up a mechanism to adjust the water rates each year to reflect what is necessary for all costs attendant to the water operation. Councilman Collins said this will shift the rates so that some people will pay more and some pay less. Councilman Collins urged citizens to come to budget meetings and see what is happening with the water rates. Bil Dunaway said his calculations showilithat this ordinance will greatly increase the water rates, Mayor Stirling said this water rate reform will spread the costs more equitably and the burden will lie on the condominiums and commercial users. All in favor, motion carried. O~DINANCE #28, SERIES OF 1985 - Bonds for Electric Improvements Finance Director Sonfield recommended this ordinance be tabled until June 24, 1985. Councilman Collins moved to continue the public hearing and table the ordinance until June 24, 1985; seconded by Councilman Blomquist. Joe Barrows, Kirchner/Moore, said insurance has not yet been obtained for the bonds. Barrows told Council the bond interest rates have been decreasing during this period, and have improved about 1/4 percent. This has decreased the annual cost on this financing by $18,000 to $20,000. Regular Meeting ~l~ ~u3 ~uu~u~ Ail in favor, motion carried. RESOLUTION #11, SERIES OF 1985 - Accepting Cleary Donation Councilman Blomquist moved to adopt ResOlution ~11, Series of 1985; seconded by Councilman Knecht. Councilman Blomquist said this parcel is between Third and Fourth streets at the base of Shadow Mountain owned by Thomas Cleary. Cleary volunteered to donate this to the city if the city would buy some adjacent property to prevent development. Between the previous purchase and this gift will make the Little Cloud mining claim contiguous. Cleary will get a buffer in exchange for this. All in favor, motion carried. RESOLUTION #14, SERIES OF 1985 - Opposing Cuts in Amtrak Funds Councilman Blomquist moved to approve Resolution #14, Series Of 1985; seconded by Council- man Collins. All in favor, with the exception of Councilman KneCht. Motion carried. RESOLUTIONS ~12 and 13, SERIES OF 1985 - Councilmember Commendations. Councilwoman Walls read Resolution ~13, Series of 1985 commending Dick Knecht for his 4 years of service. Mayor Stirling moved to approve Resolution ~13, Series of 1985; seconded by Councilman Collins. All in favor, motion carried. Councilman Collins read Resolution #12, Series of 1985, commending A1 Blomquist for his years of service. Councilman Blomquist thanked Council, staff and the city organization for making his two years very interesting and wished the new Council the best of luck. Mayor Stirling moved to approve Resolution ~12, Series of 1985; seconded by Councilman collins. All in favor, motion carried. Councilman Knecht moved to adjourn the old Council at 7:00 p.m.; Seconded by Councilman Blomquist. All in favor, motion carried. Judge Brooke Peterson swore in Mayor Stirling and new Councilmembers Pat Fallin and Tom Isaac. Councilwoman Fallin thanked Knecht and Blomquist for their service and said she looked forward to working on Council. Councilman Isaac said he would like Council to write letters to congressional representa- tives opposing Reagan tax reform act, specifically the loss of deductions on second homes and on state and local taxes. Councilman Isaac said he would like Council to set up a goals session with staff for the next two or four years. Council scheduled this for June 20th at the Aspen Club. Councilman Isaac said the baby pool at Moore pool is closed right at the beginning of the season. Councilman Isaac asked the City Manager to check out why it is closed now rather than after the season. Councilman Isaac said there are some terrible potholes on Gibson and Park avenues and asked staff to check these out. Council made appointments to community organizations. Councilman Collins to Roaring Fork Transit Agency; Councilman Isaac to Aspen Resort Association and Nordic Council; Council- woman Falline to Pitkin County Parks Association and Council of Governments; Councilwoman Walls to Aspen Art Museum and Colorado Municipal League; and Mayor Stirling to Colorado Association of Ski Towns and Club 20. Mayor Stirling said there is a work session June 17 for the international resort partner- ship from 5 to 6 p.m. Mayor Stirling said Council has had a request from the Music Associates of Aspen, and Council should meet with them further to see what their thinking is. Mayor Stirling said the Council is concerned about the M.A.A. as they are essential to the unique character of Aspen. Mayor Stirling said housing is always a difficult situation. The City Manager is looking into the availability of the Red Roof Inns for student housing. Mayor Stirling pointed out, contrary to the M.A.A.s letter, no special privileges have been given to the Aspen Skiing Company or the Aspen Mountain Lodge. Mayor Stirling said over the last six years the city has contributed to the M.A.A. $340,000 in various ways. The M.A.A. made a contribution of $250,000 to the Wheeler Opera HOuse in exchange for a long term lease. Mayor Stirling suggested meeting with the M.A.A. on June 17 at 6 p.m. to discuss the appropriate role of the city in relationship with the M.A,A. Mayor Stirling said th~ Ski Company said publicly stated their opposition to a season's pass and would like Council's support in entering into discussions with the Ski Company about the return of an affordable three-mountain ski pass. Mayor Stirling said when he arrived back in town, the cab driver at the airport made a bad, first impression for this town. Also, there is a need to oil the Rio Grande parking lot to keep the dust down. City Engineer Jay Hammond said the streets department is planning to take care of this this week. CITY MARKET PUD AMENDMENT Steve Burstein, planning office, said the applicant would like to amend its PUD plan to allow for garden display in front of the store.in summer and sale of wood in the winter. *'~= ............ ~ ~spen ulsy uouncl± June 10, 1985 Burstein told Council the display will not extend into the driveway and will not affect the parking. P & Z has recommended approval of this request with some conditions. This will contain the displays in a specific area. Councilwoman Fallins said P & Z was unanimous in approving this request. City Market has been selling garden items for years and people expect it, and is attractive to the front of the store. Mayor Stirling asked if this would be in violation of the floor area ratio. Burstein said no. Councilman Collins moved to approve the PUD amendment for City Market; seconded by Councilman Isaac. All in favor, motion carried. RUEDI REFILL SETTLEMENT AGREEMENT Mark Fuller reminded Council they have previously reviewed a draft settlement agreement wi~h the River District to settle some water rights cases. This is the final stipulation with the River District. In this agreement, the River District recognizes recreational use is a beneficial use of Ruedi and has economic benefits to the Roaring Fork Valley. The River District recognizes the benefits of the city/county hydroelectric facility and grants the city and county the rights to use their storage rights in Ruedi for hydor- electric purposes. Fuller told Council the River District endorses the Bureau of Reclama- tion water sales program, which preserves substantial storage capacity to support recrea- tional pools at Ruedi. Fuller said the city and county recognize the River District as the holder of all storage rights at Ruedi and their responsibility to make the water available for all uses. The city and county agree not to oppose the assignment of water sales contract negotiated by the BOR with other entities to the River District. Fuller made one addition that Aspen and Pitkin County and the River District would not oppose second round marketing. John Musick, city's water attorney, told Council Fuller has done an excellent job in negotiatin~ a very difficult problem. Musick said this agreement protects the interests of the city and county and the users of Ruedi. Musick said by not opposing second round sales, the city forego the ability to challenge the BOR if they were to enter into a sales profile that would cause the evacuation of the reservoir~every year. The BOR has agreed not to do that, and have made commitments through their environmental assessment to that. Fuller told Council the scenario laid out in the environmental impact statement, endorsed by the city and county, would keep enough water in Ruedi to allow for recreational use 95 percent of the time and during all average years. Councilman Isaac moved to approve the letter of agreement as amended in paragraph 5; seconded by CoUncilman Collins. Ail in favor, motion carried. RUEDI POWER PURCHASE RATE POLICY Mark Fuller said the city and county need to establish a policy for sales of power from the Ruedi hydropower project and for distribution cf revenues. There is a resolution to establish these policies and an ordinance which incorporates these policies into the city'sl electric rate structure. The resolution defines how Ruedi power is to be priced by determining the fixed costs of production, estimating the variable costs and dividing that by the amount of power produced, adding a markup of 20 percent to provide for reserve funds and a cushion and to provide revenues ~to other participants in the project. Fuller said these electric rates will be very competitive. Fuller said the reserve fund of $200,0007is needed to guard against a disastrous hydro year... Fuller said the 20 percent markup would provide revenues above cost for distribution to the other project participants. The distribution of revenues will be 30% - city; 30% county; 20% Ruedi Water and Power Authority and 20% to the city and county water trust fund, which~was approved when the joint department was set up. Mayor Stirling asked if $200,000 is a ceiling for the reserve fund. Fuller said it is designated so in the resolution and should be adequate. There is a clauselto review the reserve fund in 5 years. Fuller said the trsut fund is envisioned as an enterprise fund to provide seed money for water development, improvement projects, acquisition of water rights. Councilman Isaac asked if the city decided how to spend its 30 percent. Mayor Stirling said it will go to the electric fund, which provided the seed money for this project. Bil Dunaway asked why the Ruedi Water and Power Authority will get 20 percent of the revenues. Fuller said RWPAs members are the city and county, Snowmass Village, Basalt, Carbondale, Glenwood Springs, and Eagle county. Fuller told Council these communities provided great political help when it was appropriate earlier. Fuller said he assumes the money will act as a down valley water trust fund, like the city's trust fund. The idea of this project was to distribute the benefits valley-wide.and provide benefits to downvalley communities in lieu of revenues they may lose from water sales out of Ruedi. John Musick said the downvalley communities have a water shortage, and if that continues they will have to buy water out of Ruedi and lower the reservoir. If the city and county can provide water to these RWPA s0~-~hey can create alternative sources of water, this will prevent Ruedi from being lowered any further. Councilman Collins asked if the net revenue projections are still on track. Fuller said these have been changed somewhat as there will be some constraints placed on'the operation of the power plant early on due to the facilities of the utility company that will be wheeling the power. This will lower the output of the plant slightly about 7 percent of the net revenue. The staff is examining alternatives for transmission power. Dave Lombard, Sheaffer & Roland, showed graphs of projection of total revenues, projection of the city's share. In 1985 the projected surplus revenues are low because will not be in operation for a full year, and the reserve account of $200,000 the will be project funded first. Lombard showed a comparison of the Ruedi power rates versus the cost of power from MEAN, and the Ruedi rates will be lower. Lombard told Council the Ruedi rate will be set at 3.5 per kilowatt hour; the actual cost will be much lower because the debt service payments were capitalized and included in the bond proceed. The staff felt it prudent to fund the reserve account out of 1985's revenues. Lombard told Council if they had stayed with PSCo, the 1985 rates would be 5.55 centslper kwh. Reqular Meeting Aspen City Council rune ±u, 1~4 Mayor Stirling asked if there is a mechanism set up so that if the reserve account is larger than needed, the funds can be distributed. Lombard said there is a mechanism to do that. Lombard pointed out the city issued general obligation bonds for this project. The reserve account is to protect the city's interest to insure there will be sufficien~ funds to pay the fixed costs. Councilman Isaac asked where the interest from the reserve account will go. Fuller suggested for the first 5 years it should go back into the reserve account. ~ Councilwoman Fallin moved to approve Resolution ~15, Series of 1985 as amended; seconded by Councilman Collins. All in favor, motion carried. Councilman Collins moved to read Ordinance ~34, Series of 1985; seconded by Councilwoman Faltin. All in favor, motion carried. ORDINANCE 934 (Series of 1985) AN ORDINANCE ADOPTING POLICIES A~D PROCEDURE FOR. DETERMINING THE PURCHASE PRICE OF POWER PROCEDURED BY THE RUEDI HYDROELECTRIC PROJECT AND DELIVERED TO THE CITY OF ASPEN was read by the city clerk Councilman Collins moved to adopt Ordinance ~34, Series:of 1985, on first reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Collins, aye; Fallin, aye; Isaac, aye; Walls, aye; Mayor Stirling, aye. Motion carried REQUEST FOR ENCROACHMENT - Chitwood Building (Councilwoman Fallin stepped down due to conflict of interest). Jay Hammond, city engineer, told Council the applicant is requesting encroachments for awnings above the sidewalks, and for a planter in front of Pour la France dining area. Bill Poss presented drawings and told Council the design element for ~mprovlng the corner of Mill and Main is a land- scaping concept. The sidewalk will be repaved with brick, there will be trees on both streets, planter boxes under the windows and in the courtyard. Poss said the applicants are trying to duplicate the garden atmosphere from the old Epicure garden. Awnings are being used around the building. Hammond said the staff's concerns on this application are that they have to go to ~ & Z about the outdoor dining at the Cantina and need review by the Board of Appeals for the awnings. If the applicant gets approval for rigid awnings, they will have to have an encroachment license. If they do not, they will have retractable awnings, which do not require an encroachment. Hammond told Council in May 1984, Pour la France requested an encroachment for their planter. P & Z reduced the width of the planter and placed it on the private property. Hammond said it would be premature for Council to grant encroachments until they are examined by other boards. Pete Resell said the applicants are trying to get the project finished to benefit the summer season. Resell told Council they plan on barrel awnings, which are more attractive as fixed awnings. The outdoor dining at the Cantina and the planter encroachment are two separate issues. Mayor Stirling said Council has citizen boards with clear functions, and they should be allowed to make their recommendations to Council. Resell said putting this off two weeks would delay their construction schedule. Mayor Stirling said the Council could continue this meeting ~o next Monday in order to hear the report from the Board of Appeals. Hammond said the encroachment request is for 3 feet into the right-of-way. There is a large amount of right-of-way on this side of Main street and there would remain about 11 feet of sidewalk. Councilman Collins moved to continue this to June 17, 1985; seconded by Councilwoman Walls. Resell requested Council decide on the planters at this meeting because this issue is critical to the construction schedule. Hammond said P & Z's review on this will be an open space review, not specifically the planter. Hammond said last year for Pour la France, P & Z determined they would allow outdoor seating. Hammond said g~ven that approval, he would recommend the planter box to get an added amendity adjacent to the r~ght-of-way. Councilman Collins amended his motion to continue the awning encroachment only; seconded by Councilwoman Walls. Mayor Stirling said the encroachment requests seem to be a benefit to the entire community. Poss said the planters are a necessary design feature to encompass the courtyard and tie the design elements together and give vitality to the most prominent corner ~n town. Resell said the alternative to the planters is a fence. Poss said the need for 24" planter boxes in order to get good size junipers for use in both winter and summer. Mayor Stirling asked why the planters could not be moved onto their property. Resell told Council when the applicant took over the building, the assumed the existing leases, one of which is the existing outdoor seating. There is not the flexibility to put the planter on their property. All in favor, motion carried. Councilman Collins moved to grant the request for encroachment for the planter; seconded by Councilman Isaac contingent upon the standard agreement. All in favor, with the exception of Councilwoman Walls. REQUEST FOR ENCROACHMENT - Mountain Chalet Jay Hammond, city engineer, told Council this request is to build a sub-grade parking structure; there will be no above grade encroachment. This is intended ~o interface with the sub-grade parking structure of the Aspen Mountain Lodge protect abutting on the south side of the Dean street right-of-way. Hammond said Dean street has been vacated to the benefit of both the Aspen Mountain Lodge and Mountain Chalet. Aspen caty Counca± June 10, 1985 Hammond said ~his request is to encroach into Mill street to the center line. Hammond told Council encroachments are to provide a benefit to the public at large. The Justifi- cation for the encroachments for Aspen Mountain Lodge are a parking benefit and a circu- lation benefit. Hammond said this encroachment will allow some additional parking and some usable below grade space but not a great public benefit. Hammond told Council the applicant has an amended request, which will provide better circulation by entering on Durant and exiting through the Aspen Mountain Lodge parking garage. This should be done by formal agreement. Ralph Melville said in the original request for encroachment they were asking for 30 feet to the center line of Mill. The amended request is for 10 feet and without that, there will be no parking. Melville said the original request is for two levels below grade, one for parking and one for laundry and storage space. This is not ancome-producing space. Melville said more parking ~s needed because of the agreement with the Aspen Mountain Lodge will eliminate any parking on Dean street. The oraginal request will allow 3 more spaces than the amended plan. Hammond told Council there are some utilities in conflict with this request, which would be relocated at the cost of the applicant. Mayor Stirling said the Council made many concessions to the next door lodge and has gained benefits. Melville said with the current parking, they back the cars down into the lot so guests can drive the cars out. Melville said there are currently 6 parking spaces, and the encroachment request would provide 12 or 15 parking spaces. Councilman Isaac pointed out this is an underground encroachment and is no~ visible nor effect Mill street. Councilman Collins moved to approve the subgrade encroachment proposed by Mountain Chalet as outlined on the drawings included in the 6/10/85 packet, contingent upon agreement with the Aspen Mountain Lodge, restoration of the street a~ grade, issuance of the license approved by the city attorney, and movement of utilities; seconded by Councilman Isaac. All in favor, with the exception of Councilwoman Walls. Motion carried. APPLICATION FOR A TAVERN LICENSE - Downtown Sports Center Mayor Stirling open'ed the public hearing. City Clerk Koch reported the posting, publica- tion and file in order. Paul Rasmussen, the applicant, told Council this as proposed for downstairs of Jake's, and he would like to put in a billiards parlor. There are only two tables in town for public use. Rasmussen said he plans to put in 4 championship pool tables. Rasmussen presented a petition with 150 signatures supporting this applica- tion. Rasmussen told Council he had previously managed the Aspen Steak Company, has ~ construction business and plans to run this business. Mayor Stirling asked for opponents. There were none. Mayor Stirling closed the public hearing. Councilwoman Fatlin moved that based on the evidence presented at this public hearing relating to the application of Paul Rasmussen for a tavern license, the Council finds that the needs of the neighborhood have not been meC and the license as applied for as granted; seconded by Councilwoman Walls. All in favor, motion carried. REQUEST FOR FUNDS - Main Street Banner Sheree Sonfield, finance director, told Council this is a reques5 to construct a more permanent banner across Main street to display local event. Ms. Sonfield said during the 1985 budget process, non-profit organization and arts groups were notified about requests for funds. Council reviewed these together, Council prioritized these and allocated the funds. Ms. Sonfield recommended this request be tabled until the 1986 budget requests. Rachel Gardner said she had addressed the Design Conference about a permanent banner. This is a good idea but expensive for one arts group. Ms. Gardner showed examples of how the banner would work and the imagery proposed. This would be a generic banner that any group could use. Councilwoman Walls said this should come to Council during the budget hearing. Councilwoman Walls moved to review ~his request during the 1986 budget reviews for possible funding; seconded by Councilman Collins. Councilman Isaac suggested funding this banner privately, raising through the different groups that may use the banner. Ms. Gardner said the city could recover the city by having each group pay for their space. Councilwoman Fallin said it is a tradition to have a banner across Main street and people might object to paying for their space. All in favor, motion carried. NORTH GALENA PARKING PETITION City Manager Schilling said last fall the sheriff told him there would be some parking problems with emergency vehicles when the police department moved ~o the Courthouse. Presently the parking on the west side of North Galena is used by residents of the apart- ment house. All conceivable alternatives for locating emergency vehicles has been discussed. Schilling told Council he is convinced there is no other option for locating the vehicles other than the west side of North Galena. Schilling said there will be an inconvenience to the residents, and a compromise is that a number of spaces will be retained for short term uses. Rich Rianoshek, police chief, said he has met with the residents and there are concerns. One is the short term spaces, another is the need for better lighting in the area, and that the alley should be kept in better condition during the winter, and that the parking lot north of the bank also be kept in better condition. Rianoshek told Council thsy discussed eliminating the stables and adding parking. Neal Patton, resident of the apartments, told Council there are 12 spaces on Galena and the police and sheriffs need 9 spaces. The residents would like one space for loading and two spaces for timed parking. Lee Ashley, resident, said walking from the parking lots to the apartment is unsafe, there are no lights, in the winter the ice is dangerous. Regular Meeting Aspen u~y uounc~ Councilwoman Fallin asked how many emergency vehicles are actually needed. Rianoshek said it fluctuates but is always at least nine. Rianoshek said they are willing to watch this, and if they don't need 9 spaces they will turn a space back. Bil Dunaway pointed out the Courthouse eliminated parking on Main street and put in a lawn, which does create parking problems. Patton proposed additional parking on a directly behind the stables where there is a dirt berm, which could be removed and create 14 parking spaces. The residents would like additional lighting and maintenance of the alley and the parking lot. The residents would also like a sticker system so the cars could remain in the parking lot more than 72 hours. Councilman Isaac said he would like to work with the bank to put in lighting. Councilman Isaac said it is not incumbent for the city to pay for residents parking. The alley should be maintained. Council requested staff to come back with a specific proposal. Jeanne asked about the possibility of relocating the stables. Council asked staff to look into the lease for the stables. Jeanne said the stable area could provide a lot of parking for the city and county employees. MAROON HYDROPOWER PROJECT City Manager Hal Schilling said this project was estimated to cost over $600,000 and the concern is economically the project won't work. Schilling pointed out this is only an estimate and there is some question how accurate it is. Rick Deane contracted with an engineering firm, which made an estimate and suggested it would be a feasible project. Schilling said to get a firm cost for the project, the city can have prepared plans and specifications and go through a bidding process, schilling said staff recommends to proceed with plans and specifications and use Cliff's Engineering firm with consulting of Shaeffer & Roland at a cost not to exceed $7700, then Council will know exactly what the hydropower project will cost. Mayor Stirling said this project is important for the water rights, and this step in the process is necessary. John Musick said this advances the project and water rights in valley are critical. Jim Markalunas, water department, said this money is an investment in the future. Schilling told Council he appreciates Shaeffer & Roland's conservatism in making this estimate. Schilling said if the city goes through this process and discovers the project is not economical at this time, they will have bid documents for future utility. Dave Lombard, Sheaffer & Roland, said Council needs to decide if they are~ willing to take the next step in the Maroon hydropower project. The economics are questionable and a better decision can be made if the economics can be tied down more closely. Lombard told Council Cliff's engineering has given the city a very good quote for the design build stage. Lombard said the Maroon hydropower economics do not look as good as Ruedi for two reasons (1) economies of scale with Maroon creek are not there as there are with Ruedi; (2) Ruedi benefits from having a large storage reservoir above it. Lombard told Council the Division~of Wildlife has agreed to perform certain studies of the stream environment in the vicinity of this project to determine their position on minimum stream flows and effects on fish. The resolution of the issues with the Division of wildlife is important before applying for a FERC license. Mayor Stirling asked if the environmental issues should be solved before the city spends $7700. Lombard said he does not believe that to be necessary. Lombard reminded Council with the Ruedi project, after the bids were received, it was determined a 5 megawatt plant was the most economical. The license had already been received for a 3.2 megawatt project, and they had to refile the license application. It is not unreasonable to have a selected design build bid in hand before finalizing the FECR license. Councilman Isaac said the city is just starting with one hydropower plant, and he would prefer to see how that works. The figures make this project look marginal. Councilman Isaac moved to turn down the request for funding; seconded by Councilman Collins. Musick told Council cliff's engineering has given the opinion to Rick Deane that they can cost 60 percent. If cliff's Engineering is correct, the economics turn around. Mayor Stirling said he feels the project is worth $7700, gives the city an advantage, and also to secure the water rights. Markalunas said there are 65 cfs on Maroon Creek for power generation, and the city hasn't generated power off these rights since 1958. Someone could file for access under abandonment. Councilman Collins said if there is additional infor- mation about lower costs, the city should receive it. Councilman Collins moved to table if there is more information it should be made available to Council; seconded by Councilwoman Fallin. Councilmembers Fallin, Collins and Isaac in favor; Councilwoman Walls and Mayor Stirling opposed. Motion carried. AMENDMENT TO COVENANTS - Pitkin Reserve City Attorney Taddune said because of the controvery surrounding Pitkin Reserve, the approval requires that anytime there is a revision to the covenants, these be approved by Council. The changes in the covenants are very technical and do not affect the project. Councilman Isaac moved to approve the amendment to covenants; seconded by Councilwoman Faltin. All in favor, motion carried. Mayor Stirling moved to table the election of Mayor Pro Tem until June 24; seconded by Councilman Isaac. All in favor, motion carried. Councilwoman Walls moved to approve the consent agenda; seconded by Councilman Collins. The consent agenda is (1) liquor license renewals - Village Pantry; Szechuan Gardens, Wheeler Opera House; (2) Request for expanded premises - The Shaft. Councilman Isaac asked that the Shaft be informed they do not do an adequate job of shoveling their side- walks. Ail in favor, motion carried. Council went into executive session at 10:27 p.m. 3919 Continued Meeting Aspen City Council June 17, 1985 Mayor Stirling called the continued meeting to order at 5:10 p.m. with Councilmembers Fallin, Collins, Isaac and Walls present. REQUEST FOR ENCROACHMENT - Chitwood Plaza (Councilwoman Fallin stepped down due to conflict of interest). Jay Hammond, city engineer, reminded Council last week they approved an encroachment for the planters. The request for encroachment for the awnings had to go to the Board of Appeals, who approved the use of a fixed awning. The building department commented as long as the Whale of a Wash remains a single story, they have no problems with the awnings. If the Whale of a Wash comes in for a second story, the building department will want to review this. Hammond recommended approval of the encroachments, with a condition with respect to the location of the support for the entrance awning on Mill street. Pete Rosell told Council the Board of Appeals wanted to be satisfied the fire chief felt it was all right to get ladders against the building. The fire chief was satisfied. The Board voted unanimously approved the fixed awnings. Bruce Sutherland showed drawings of the awnings. Sutherland told Council HPC approved the plan. Councilman Isaac moved to approve the encroachment application of the Chitwood Plaza; seconded by Councilman Collins. Hammond requested a condition that the support struts are a minimum of 3 feet back from the face of the curb, as well as review if the ~%ale puts on a second story. Councilman Isaac amended his motion to add these conditions; seconded by Councilman Collins. Hammond suggested the review if there is a second story be done by the Board of Appeals. All in favor, motion carried. GOLF COURSE FINAL PLAT Alan Richman, planning director, told Council there have been several previous actions by Council regarding the golf course final plat in 1982 and 1983. Following these actions, the plat was not recorded by the city. Richman told Council the attorney recommended Council ratify action taken by Council in 1982 and 1983. The statement of subdivision exemption recites the history and excepts this from the requirements of Section 20-14[e). City Attorney Taddune told Council this is very administerial and is the same that would have happened in 1983. The subdivision exception language is designed to allow Council to except certain procedural requirements when on~ the basis of circumstances presented, the adherence to that requirement would be redundant, would serve no public purpose and would be unnecessary to the land use policies of the city. Taddune told Council the public records show this subdivision went through the public process on two separate occasions and that the land use policies are in tact. Taddune told Council the city failed to record, the plat after approval in 1983. Mayor Stifling moved to add this to the agenda; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Isaac. Motion carried. Councilwoman Walls moved to grant subdivision exception for the purposes of ratifying the golf course final plat and further exception from the requirements of Section 20-14(e) as permitted by Section 20-19[c); seconded by Councilwoman Fallin. All in favor, motion carried. Mayor Stirling asked how this happens. Taddune said there.could be a number of explanations, someone forgot to get it done. AGENDA FOR GOALS SESSION Mayor Stifling presented a proposed format for the goals session June 20th. Mayor Stirling said Council should talk about general goals and purposes; philosophy of government, specific lssues, strategies and implementation of the issues, legislative agenda, communication and cooperation and improve that between Council and staff and Council and the community, and a session with the agency directors° Councilman Isaac asked the agency directors give Council a list of programs on-going or proposed so that Council can evaluate these. Mayor Stirling moved to have an executive session after the work session on Red Roof Inns, the Real Estate Transfer Tax and an update on the negotiations in the Castle Ridge situation; seconded by Councilman Isaac. All in favor, motion carried. Councilwoman Fallin moved to adjourn at 5:40 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Kathryn S.~och, City Clerk Regular Meeting Aspen City Council June 24, 1985 Joint Meeting with County Commissioners. Mayor Stirling called the meeting to order at 4:10 p.m. with Councilmembers Fallin, Walls, and Isaac and Commissioners Madsen, Child Blake, Kinsley, and Klanderud present. 1. Club 20 Report. Bill Cleary, president of Club 20, told the Boards they are 32 year old organization of western Colorado counties, communities, industries and individuals dedicated to economic stability and orderly development. Club 20 started to speak as one voice ~o the highway commission, then went into tourist promotion, economic develop- ment, agriculture, transportation and natural resource issues. Club 20 is currently working on agriculture, after a two day workshop suggested alternative produce, processing. There is produce being grown in western Colorado and there is a processing plant. Club 20 is continuing to go to 6 travel shows to promote tourism and western Colorado. Club 20 is interested in manuf~nw~n~ ~ ~h~ ~.~+~ ~^