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HomeMy WebLinkAboutminutes.council.19771024Regular Meeting Aspen City Council October 24, 1977 JOINT MEETING WITH COUNTY COMMISSIONERS 1. Hydro-Electrical System. County ManaGer George Ochs told the Boards that Wilton Hydro Elec. Jaffee had served on the Citizens Advisory Board for transportation all through the System winter and spring. One of Jaffee's inclinations was for electric busses. Jaffee feels that the time is coming for these vehicles and has been keeping up-to-date on electric buses and power over the past year. Jaffee would like to express his ideas and discuss the possibility of studying this further. Jaffee said that there is an adequate water supply in this area. If Pitkin County allows the water to get away without attempting to use it, they many never have another oppor- tunity. Water equals energy. Energy will charge batteries which will move cars and buses. Jaffee said that the Federal Government is spending $168,000,000 to study this, and progress is being made. Jaffee stated that within three to five years there will be electric buses that can be used here. Jaffee told the Boards that where the Salvation Ditch comes in front of the entrance to Starwood and drops 165 feet, that a pipe carrying water will do more than develop enough electric power to charge batteries. Jaffee said that some investigations ought ~o be made, not on a larger power plant scale, not to compete with companies that now supply power for this area, but merely to supply power to charge batteries for battery powered vehicles. Jaffee said that how to do it, houw much this will cost, what the problems are, should be studied. Mayor Standley said that the City had had a study done by Merrick and Company to look at the City's water rights, some of which are adjudicated for power. They did a feasi- bility study for a Castle Creek hydro-electric plant that would produce 16 per cent of the power requirements of the City. Mayor Standley pointed out that this was more than three times as expenslve to use than present power sources; the City basically baced off the projec~ for those reasons. __ ~=~uz~z meenznq Aspe~ City Council October 24, 1977 Mayor Standley said if the City got Federal funds for hydro-electric projects, it would be possible that this would help with the City's water rights. Commissioner Kinsley said from the last discussion he had heard, electric buses were running at $200,000 a copy. Ochs pointed out that right now electric buses cannot compete with fuel buses. Jaffee's point is that the Federal government is now on the brink of investing a lot of money in research to dev~op electric vehicles. Ochs pointed out that with the advent of Western Colorado becoming an energy developer, there will be a lot of pressure for water put upon this valley. Conunissioner Kinsley said he saw this as two questions; (a) whether Pitkin County ought to have electric buses and (b) whether they want to create a power generation plant. Mayor Standley said if there is a good, logical reason for building a power plant, regardless of what the power is used for, that is a good thing. Mayor Standley said a comment from the City's water attorney would be in order. On Castle and Maroon creeks the City does have adjudicated rights for hydro-electric production. Mayor Standley said the Boards should find out from the attorneys if the City has water rights that can be used that way. If the answer is year, then the staff should come back with a proposal to either up-grade the Merrick study or get a new study. Jaffee told the Boards that the Salvation Ditch company has rzghts to 90 cfso, and they can only use between 40 to 50 cts. There is a fair amount of wauer left. If the City and County can demonstrate a good use for that water, they can acquire it. Jaffee stated from his point of view, that is enough water to accomplish the objective he had in mind. Councilman Parry agreed that this is very important and that the administration should look into it, also the grantsman should look into Federal grants for this. Council directed the City Attorney put the water rights into a memorandum for Council and the Commissioners. Commissioner Edwards said that a reservoir or dam would have to be built to have hydro-electric power. There isn't enough back up in the winter becuase the water isn't movzng fast enough. Edwards said the costs benefits will show that for the next 15-20 years it will be cheaper to buy electricity than to install generators. Economic Develo~ 2. A-95 Review. Economic Development Plan. Brian Staffdrd said that this is a very Plan broad application in terms of a specific program. Stafford said he felt the intention was to consolidate existing programs and to get monies to help consolidate and to get the progranscompleted. One of the major points is to formulate goals to collect data on population, employment, resources, and economic criteria. From that base, they will try to implement a state participatory process for economic development. The best way that Pitkin County can benefit is to receive information generated from planning projects. Stafford said he felt this had certain merit as it does address growth management, what strategy would be devised to control it or to help it if it gets behind. Mayor Standley stated that this ties in with the Four Corners program that COG was asked to sign off on last winter. This is to look at all the projects that have already been done and no review them and is a total waste of time and money. Mayor Standley said this application was tablied by COG at their last meeting because even the COG staff didn't feel good about it and had no idea what was going on or what was the value of this grant application. Councilman Parry moved to have Brian Stafford and H. J. Stalf check with COG and get the Boards the level of information they will have for the next COG--~meeting and table approval; seconded by Councilman Behrendt. All in favor, motion carried. 3. Citizen Participation. There were no cormuents. COUNCIL MEETI.NG MINUTES Councilman Parry moved to approve the minutes of the October 11, 1977, Council meeting; seconded by Councilwoman Johnston. Councilman Hershey pointed out paragraph six on page 2, Councilwoman Johnston pointed out that Council had already passed on a growth management plan, and Bill Dunaway said both Councilmembers, referring to Councilmembers Hershey and Van Ness had voted for the plan. Councilman Hershey wanted to make clear he thought an that particular time he was voting for a resolution in order to give time for the ordinance to go on. Councilman Hershey said the fact was that that was not proper on his part and he will not let it happen with respect to any resolution again. All in favor, motion carried. CITIZEN PARTICIPATION 1. Cherie Stickney addressed Council on a duplex and the park dedication fee applied to iPark Dedication it. Ms. Stickney told Council that a group of people purchased a duplex on Francis street Fees that they hoped to be low cost housing. As it turned out, the park dedication fee applied even though it is an existing building and has no effect on density. Ms. Stickney said she would appreciate it if Council would take time to look at the impact the ordinance is starting to have. It appears that the impact is on people that Council probably did not want to affect. Ms. Stickney urged Council to think about this and review it. The duplex that Ms. Stickney bought has a park dedication fee of $5200, which is over 10 per cent of the value of the land, which is S45~000. This is a staggering amount. Ms. Stickney said they would pay the fee zn protest. Ms. Stickney urged Council to amend the ordinance to eliminate buildings in existence at the time. Ms. Stickney said it was unfair to hit one sector of the population with a fee and everybody else goes to the parks. For buildings in existence at the tzme of the ordinance, taxes that go into the general fund should pay for the parks. Mayor Standley said that it has been suggested by the City Attorney that this be discussed in a work session. Mayor Standley asked Ms. Stickney to submit a letter so that Council could review something specific. Regular Meeting Aspen City Council October z~, l~/ COUNC ILMEMBER COM~ENTS 1. Councilman Hershey read a post card from the Aspen Rugby Team touring England. The rugby teams sent best wishes and told the Council that they had tied their first mateh.~ 2 Councilwoman Johnston said members of the Council have been approached about the possibility of prohibiting vehicles over a certain size in downtown Aspen. Councilwoman Johnston said if Council was interested, she would like to have the administrative pursue something along this line. There would, of course, have to be delivery trucks. Council- man Behrendt said he felt that the inconvenience of driving int Aspen takes care of the problem. 3. Mayor Standley went over the meeting schedule; growth management work session at 5:00 p.m. Tuesday, October 25; Thursday, October 27, final budget session. There will be a memorandum from the finance director regarding the acquisition of Mountain Ambulance so that can be discussed. Councilmembers Hershey and Van Ness and Mayor Standley will be interviewing the auditors at 1:30 p.m. Wednesday and Thursday. 4. Mayor Standley said a new COG director will be appointed November 22nd. COG has submitted a horrendous budget, Mayor Standley raised some question as to whether COG ought to be funded any more. COG has 9 administrative personnel with $180,000 in salaries. The City has been given a report that by next year there may be only 4 people. 5. Mayor Standley said the City got the bid award on Main street, which came in at $56,000 and saved the City $1,000 over the budget appropriation. It does not look like any work will be done until next spring. 6. Mayor Standley told Council he had received a letter from Fred Braun requesting that the light bill be categorized residential for the Mountain Rescue hut. Councilman Behrendt moved to put this on the agenda; seconded by Councilwoman Johnston. All in favor, motion carried. Councilman Behrendt moved to change to residential rates on Little Mountain Rescue hut on Main street; seconded by Councilwoman Johnston. All in favor, motion carried. 7. Mayor Standley asked Council if they were interested in considering passing an ordinances that bike paths in the City can not be used by Mopeds. Councilman Behrendt pointed out that Mopeds may be getting people out of their cars and using the bike paths. Mayor Standley said the City has the right to say what they want on their bikes paths; these paths are very narrow, and Mopeds go 30 mph. Councilmembers Wishart, Johnston and Mayor Standley were in favor of an ordinance to that effect. Councilman Behrendt suggested that he would rather see their motors turned off while on bike paths. Police Chief Hougland said that would be impossible to enforce. 8. Councilwoman Johnston said it was her understanding that when the City purchased additional bricks it was for the continuation of the mall. Councilwoman Johnston said these are being used for the Rubey Park bus station. Councilwoman Johnston asked if there would be enough bricks left for the continuation of the mall. City Manager Mahoney said he did not think this would jeopardize any mall extension. There are plenty of bricks left and the City just received three more loads. HPC APPOINTMENT Mayor Standley told Council this is a request to make Gaard Moses a permanent member and Florence Glidden an alternate of the HPC. Mayor Standley said that Gaard Moses is build- ing a house above the Aspen Alps without a building permit; the Building Inspector has put a stop order on it. City Attorney Nuttall said she had not confirmed that Moses is in fact involved. Ms. Nuttall pointed out it would be appropriate to know whether or not he is involved before Moses is appointed to a Board that decides on other people's build- ing permits. Councilman Van Ness moved to table this item; seconded by Councilwoman Johnston. All in favor, motion carried. CASEY' S OF ASPEN Councilman Hershey moved to table until the applicant has everything ready; seconded by Councilman Van Ness. GRASSROOTS BUDGET REQUEST Mayor Standley told Council this is a request for the last $1,000 that Council appropriated out of this year's budget. The money will be used to update the transportation program. Candi Harper told Council that the program will include a winter time schedule with all buses and any other information that would help people get out of the automobiles. These programs will be aired in the mornging and during apres ski. There will be cards in the lodges and condominiums telling the exact time of the programs. Councilwoman Johnston moved to approve the fUnds to Grassroots; seconded by Councilman Parry. All in favor, motion carried. Mayor Standley asked if Grassroots has thought about doing a cassette which would play a speel about the transportation in Pitkin County and have it placed at the airport. Ms. Harper said a machine like that costs $3,000 and a monitor $700. Mayor Standley suggested buying a television, perhaps one of the old ones from the hospital, and having it anchored at the airport, or having it near the ticket counters at Aspen Airways and Rocky Mountain in Denver airport so that incoming passengers can view it. ~.~ ..... .~==u~g Aspen City Council October 24, 1977 Pool!i,~ ENCLOSURE AND SOLAR HEATING OF JAMES E. MOORE POOL James Moore Solar Heat !i~ Mayor Standley pointed out from the material in the packet that solar heating is feasible and highly efficient. Councilman Parry said there will be a 16.1 per cent raise in gas rates effective November 21st. City Manager Mahoney told Council that Grant Coordinator Jenifer Carr is working on this with federal assistance programs. Drake Jacobs was supposed to be here to discuss this; Council put it off until he arrived. Councilman Behrendt moved to put on the agenda a public resolution to oppose the rate increase by Rocky Mountain Natural Gas on part of the City; seconded by Councilman Hershey. All in favor, motion carried. Councilman Behrendt moved to direct the staff to prepare background information in opposition ~o rate increase of Rocky Mountain Natural Gas and to represent the Council; seconded by Councilman Parry. All in favor, motion carried. Reynolds Subdiv. SUBDIVISION EXEMPTION - Reynolds Exemption Karen Smith, planning office, told Council this is a subdivision exemptlon request to add property to two lots in the West End off Hallam street. The applicant is requesting this because when the line was drawn showing the Trueman SPA, the line went right through the house. This is asking to remove some of the land from the Trueman property and attach it to Reynolds' lot. Trueman refused to sell just a little land and wants to sell .22 acres. Ms. Smith said that the planning office does not have any problems with this as long as certain conditions are adhered to. (1) The applicant will sign an amended plat showing the modifications in lot 4. (2) The Trueman SPA be amended to show deletions on lot 4. (3) All rights-or-way, easements and commitments of the Trueman subdivision agree- ment be retained as they pertain to this portion. This should be reflected in the amended plat. (4) The school district be notified of this because they had indicated interested in purchasing lot 4. Councilman Behrendt said that the Council was absolutely assured there would be no additional development except for the post office and because of the SPA on the Whole Trueman piece. Ms. Smith stated that Reynolds is buying a lot of unusable land, it is mostly a steep bank. The Council may condition the approval so there is no further development. Ms. Smith told Council that this is a quiet title action that took place before Trueman ever got involved. The school district had expressed an interest in lot 4. The planning office contacted ~hem to see if they were still interested and they said no. Councilwoman Johnston pointed out that Trueman will be selling the trail easements and therefore, will no~ be giving the City trail easements. Ms. Smith said that City Attorney Nuttall can pu~ in the correct wording for whatever Councils concerns are. _City Engineer Dave Ellis is very aware of all the agreements that pertain to the property. Ms. Smith said she felt this is a straight forward honest application. Trueman may be trying to get out of something, but if the land ~s restricted against further development and all the agreements are maintained, there will be no problems for the City. Councilman Parry moved to approve the subdivision exemption g~ven the conditions stated by the planning office; seconded by Councilman Hershey. All in favor, motion carried. FINAL PLAT APPROVAL SUBDIVISION - Jacobie e Final Pla~ Subdiv. Ms. Smith told Council this is a final plat approval request for existing condominiums on Park Circle; there are five units built on the west side of Park Circle. At the time of preliminary plat approval there were a number of conditions attached; these have been met. (1) The utilities are all to be secured on the south side of the property; this has been done. (2) A resolution of the boundary between these condominiums and Costley has been accomplished. City Engineer Ellis commented that the wording on the final plat should be corrected. The subdivision improvement agreement is acceptable to planning and engineering. Ms. Smith asked that Council condition approval upon payment of the park dedication fee. Ms. Smith pointed out that on May 23, Council gave conceptual approval to Jacobie and some other projects. The minutes are not clear whether the 90 day right of first refusal and the six month lease restriction was to apply to Jacobie. Council had just adopted a condominiumizatlon policy. Ms. Smith recommended that Council include these conditions and that the subdivision agreement show that. Councilman Behrendt moved to grant final subdivision given the conditions stated with a 90.day right of first refusal, six month lease restriction and payment of the park dedication fee; seconded by Councilman Parry. All in favor, motion carried. SOLAR HEAT - JAMES E. MOORE POOL ~ James Moore Pool Solar Heat Drake Jacobs and Varouj Hairabedian submitted a letter to Council with a proposal regarding solar heating of the James E. Moore Pool. Jacobs said the basic purpose of the proposal is to do work for the Council to analyze the appropriateness and cost involved with enclosing the Moore pool. The pool is closed for most of the year and is heated in the summer at a cost of $4-5,000, paid primarily by the City of Aspen. The purpose of enclosing it is so that it can be used year round and to solar heat it. This would save some energy and would provide a demonstration project for the City of Aspen since there are no other major energy conservation programs at this tlme. Regular Meeting Aspen City Council uc~osez ~, ~,, Jacobs told Council that this would be of benefit to various groups in Aspen. There is a letter submitted to Council from the school board indicated their interest. Everyone wants to know what this is going to cost. Councilman Parry asked if this study would come up with the costs for structures and to heat both the pool and the structure. Jacobs answered yes, the heat of the space would be handled by'the pool itself. If the space is well built and well insulated, the cost savings will be enormous. Councilman Parry asked if Jacobs was working in conjunction with Raymond~ Auger. Jacobs said no. Council- man Parry pointed out that Auger has already made a proposal to Council and has given a lot of information. Jacobs said they would incorporate the information. Jacobs said their purpose is to develop a program for the City. City Manager Mahoney said he felt this was a policy level decision from Council; should the City enclose the pool and should they use solar hea't. Cou~cit~ sh6uld~not have every architect coming and asking for an appropriation to do a study. Hairabedian said his office is experts in solar and they are offering this service because they feel it is time for the pool to be enclosed. Councilwoman Johnston pointed out that Auger came to Council with an idea for the admini-I stration to look at and to see if this could be done. Council choose not to do the first ~ phase. Fi there is actually a task force in existence, it would seem that they, in conjunction with the administration, should be studying enclosure and solar heating of the Moore pool. The COuncil should not spend $9,000 just to get a Cost analysis done. Councilman Wishart said the decision is whether or not the City is interested. If the City is interested, they should advertise for a firm and have the staff evaluate the various bids. Jacobs said Council had an unsolicited proposal from his firm and they could not solicit for proposals. Mayor Standley agreed with Councilman wishart; the Council has the right to establish their bid requirements. The Roaring Fork Resource Center has asked the City for space in the Wheeler Opera House; the City should ask them to participate in drawing up specifications or evaluating the program. Councilman Parry said the Council should first determine if they want to do this project; then determinelif there are funds for the project. Councilman Behrendt said that it didn!it seem to him driving by the pool at optimum times it was edge to edge with people. The school system isn't exactly using up the pool. Does the City need to do this project. Mahoney pointed out that he, Ted Armonstrong and Jenifer Carr have all been looking at this. There is a lot of staff work on this, and let the staff keep working on it~ Councilman Behrendt said he would like some kind of informational report from the staff in terms of usage and predicted usage~ Council asked the staff for that report and to keep looking at enclosure and solar heat of the Moore pool. RESOLUTION ~15, SERIES OF 1977 - Certifying the Mill Levy Reso. 915 Mill Levy Finance Director Butterbaugh told Council this was a resolution to certify the mill levy. The public hearing on the budget comes at a time when the Council is satisfied with the budget. City Attorney Nuttall told Council that there is a November 1 deadline for certifying the mill levy. Councilman Parry moved to read Resolution 915, Series of 1977; seconded by Councilman Behrendt. All in favor, motion carried. RESOLUTION 915 (Series of 1977) WHEREAS, the City Manager, designated by Charter to prepare the budget, has prepared and submitted to the Mayor and City Council the Annual Budget for the City of Aspen, Colorado, for the fiscal year beginning January 1, 1978, and ending December 31, 1978, and WHEREAS, the assessed valuation of taxa ~e property for the year 1977 in the City of Aspen returned by the County Assessor of Pitkin County, is the sum of FIFTY-SIX MILLION, TWO HUNDRED FORTY-ONE THOUSAND FIVE HUNDRED ($56,241,500.00) DOLLARS; and WHEREAS, the City Council has determined that the proper mill levy upon each dollar of the assessed valuation on all taxable property within the City shall be that determined by the County Assessor sufficient to produce ad valorem tax proceeds in the amount of ONE HUNDRED THIRTEEN THOUSAND ($113,000.00) DOLLARS; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That for the purpose of defraying the expenses of the City of Aspen, Colorado, during the fiscal year beginning January 1, 1978, and ending- December 31, 1978, there is hereby levied a tax on said dollar of the assessed valuation of the taxable property in the City of Aspen, Colorado, for the purpose of raising the sum of $113,000.00 which, together with the surplus and revenue from all other sources, is estimated to meet budget expenditure requirements and provide a reasonable cloSing surp~s for said fiscal year. Councilman Wishart moved to adopt Resolution ~15, Series of 1977; seconded by Councilman Parry. Councilman Hershey asked why the mill levy was not mentioned in the resolution. Ms. Butterbaugh told Council that the certification of assessed valuation could change before the end of the year. This can change without nullifying the resolution. This resolution tells what the City wants to raise. Mayor Standley pointed out that this represented roughly 2.01 mills. All in favor, motion carried. Aspen City Council October 24, 1977 Ord. #55 ORDINANCE #55, SERIES OF 1977 Water Extension to Queen street Queen Street Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Extension the public hearing. Councilman Parry moved to read Ordinance ~55, Series of 1977; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #55 (Series of 1977) AN ORDINANCE APPROVING A WATER MAIN EXTENSION OUTSIDE THE ASPEN CITY LIMITS AND LOCATED ON THE ROADWAY KNOWN AS QUEEN STREET was read by " the city clerk Councilwoman Johnston moved to adopt Ordinance #55, Series of 1977, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Wishart, aye; Behrendt, aye; Johnston, aye; Parry, aye; Hershey, aye; Mayor Standley, aye. Motion carried. Ord. #53 Condo Policy ORDINANCE #53, SERIES OF 1977 - Condominiumization policy Councilwoman Johnston moved to reconsider Ordinance #53, Series of 1977; seconded by Councilman Parry. All in favor, motion carried. Councilwoman Johnston moved to table Ordinance ~53, Series of 1977 to a work session; seconded by Councilman Parry. All in favor motion carried. Ord #56 i Water outsidel ORDINANCE #56, SERIES OF 1977 - Water Extension Outside City Limits CityLimits Ted Mularz told Council that the County had approved a subdivision of land adjacent to the high school for a Church for the Mormons. The County P & Z reviewed and approved the extension of water to this land. Mularz said they are asking permission to extend a 1 inch tap and 1 inch service from an existing water main. Councilman Parry moved to read Ordinance #56, Series of 1977; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE ~56 (Series of 1977) AN ORDINANCE APPROVING A WATER MAI~ EXTENSION OUTSIDE THE ASPEN CITY LIMITS AND LOCATED IN THE VICINITY OF THE MAROON CREEK ROAD AND THE ASPEN HIGH SCHOOL was read by the city clerk Councilwoman Johnston moved to adopt Ordinance #56, Series of 1977, on first reading; seconded by Councilman Hershey. Roll call vote; Councilmembers Hershey, aye; Parry, aye; Johnston, aye; Behrendt, aye; Van Ness, aye; Wishart, aye; Mayor Standley, aye. carried. Motion Ord. #57 ORDINANCE #57, SERIES OF 1977 - Mall Commission Mall Comm. Mayor Standley reminded Council they had directed the City Attorney to draft an ordinance establishing a mall committee so that Council can appoint people other than City residents, and outlining some powers to the commission. Councilman Parry moved to read Ordinance #57, Series of 1977; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE ~57 (Series of 1977) AN ORDINANCE ESTABLISHING A TEMPORARY MALL COMMISSION PENDING THE FINAL DEVELOPMENT OF THE MALL OR DECEMBER 31, 1980, WHICHEVER OCCURS FIRST; DESCRIBING THE COMPOSITION, TERM AND QUALIFICATIONS OF COMMISSION MEMBERS; THEIR POWERS AND DUTIES; PROVIDING FOR APPEALS BY PERSONS AGGRIEVED BY ACTIONS OF THE MALL COMMISSION; AND ESTABLISHING RULES OF PROCEDURE TO BE FOLLOWED BY THE MALL COMMISSION IN EXERCISING ITS FUNCTIONS was read by the city clerk Councilman Hershey suggested changing the term "final development" to final d sposltlon in the title and Section 1. Council agreed. Councilman Hershey also suggested adding .. "as determined by the City Council" for the final disposition. In Section 2(b) the word "original" was addsd before appointment for a term of a year; other people appointed will serve for the balance of a term. Councilman Hershey moved to adopt Ordinance #57, Series of 1977, as amended with "original" appointments in 2(b) and disposition instead of development; seconded by Councilman Parry. Roll call vote; Councilmembers Johnston, aye; Parry, aye; Hershey, aye; Behrendt, aye; Van Ness, aye; Wishart, aye; Mayor Standley, aye. Motion carried. Councilman Hershey moved to adjourn at 2:45 p.m.; seconded by Councilman Wishart All in favor, motion carried. · Kathryn~. Hauter, City Clerk