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HomeMy WebLinkAboutminutes.council.20010122Regular Meeting Aspen City Council January 22, 2001 Mayor Richards called the meeting to order at 5:00 p.m. with Councilmembers Hershey, Paulson, McCabe and Markalunas present. AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS AWARDS The Colorado Chapter of the American Society of Landscape Architects gave the parks department and award for overall design character for the Moore playing fields. The use of natural materials, integration of wetland ponds and design sensitivity of the natural surroundings were strong points with the jury. Kevin Dunnett, parks department, told Council the department is proud of the award. Dunnett said the city construction crews saved money by doing a lot of the work themselves. CITIZEN PARTICIPATION 1. Wolf Gensch, on behalf of Garmisch Partenkirchen, thanked Council for supporting the Sister City program. Gensch said there have been two ski patrollers from Germany here for 2 weeks and they have visited all 4 mountains. Gensch introduced one of the ski patrollers from Garmisch, who presented Council with greetings and presents. Council gave the Garmisch representative City of Aspen pins and coffee mugs. 2. Jordie Gerberg thanked Council for listening to his grievances about historic preservation for the last 7 months. Gerberg wants his property off the inventory. Gerberg told Council he would like closure on this issue. 3. L. J. Erspamer encouraged Council to stay on track on the sports complex at the school area. The city has established a process, which includes public meetings, and public input. 4. Toni Kronberg asked Council to take off the consent calendar two contracts having to do with the Ice Garden. Ms. Kronberg requested Council wait until after P & Z has reviewed the Iselin project. Ms. Kronberg said in the event this space is too small to accommodate everything, the city may have to look at alternatives. Ms. Kronberg said $1.5 million is a lot to spend on a substandard facility. COUNCILMEMBER COMMENTS 1 Regular Meeting Aspen City Council January 22, 2001 1. Councilman Hershey said this is Gay Ski Week and there are a lot of great events in town. 2. Councilman Markalunas noted every year the environmental health department does an air quality report. Councilman Markalunas said although the city is doing a good job with air quality, we should not become complacent. The environment is getting warmer as well as dirtier and vigilance is necessary to protect the environment. 3. Councilman Hershey moved to add Ordinance #4, Series of 2001, Urshel Water Service Agreement to the consent calendar; seconded by Councilman McCabe. All in favor, motion carried. 4. Steve Barwick, city manager, requested Council talk about the Isis and the next step. Council agreed to add this to the end of the agenda. CONSENT CALENDAR Councilman Hershey moved to read Ordinances 1, 2, and 4, Series of 2001; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE NO. 1 (Series of 2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, INCREASING THE COMPENSATION FOR THE OFFICES OF MAYOR AND CITY COUNCILPERSON. ORDINANCE NO. 2, SERIES OF 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BYAMENDING THE CHAPTER ENTITLED “WILDLIFE PROTECTION,”BY REPEALING THE EXEMPTION FOR SEVEN DAYS PER WEEK PICKUP, REPEALING THE EXEMPTION FOR TH TH NOVEMBER 16 THROUGH APRIL 14 , ADOPTING BY REFERENCE THE “WILDLIFE PROTECTIONORDINANCE GUIDELINES,” ADOPTING A REQUIREMENT THATTRASH HAULERS ONLY PROVIDE CUSTOMERS WITH BEAR PROOFTRASH CANS, AND ADOPTING LANGUAGE CLARIFYING 2 Regular Meeting Aspen City Council January 22, 2001 WHO IS LEGALLY RESPONSIBLE FOR VIOLATIONS OF THE ORDINANCE. ORDINANCE NO. 4 Series of 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE EXTRATERRITORAL WATER SERVICE AGREEMENT WITH. JACK GUENTHER TRUSTEE UNDER THE WILL OF CHARLES F URSHEL JR. FOR PROVISION OF TREATED WATER SERVICE TO SERVE THE URSCHEL TRACT D SUBDIVISION PUD. Councilman Hershey moved to adopt the consent calendar as amended; seconded by Councilman McCabe. Councilman Hershey said it is important that the contract for the ice garden improvements keep moving forward. Mayor Richards noted that the improvements were committed to the public as part of the bond election in 1999. Mayor Richards said she does not see any reason to hold these contracts up as it is important to make repairs to the ice garden. Mayor Richards said she does not want to have no ice sheets at all. Councilman Markalunas asked how long these improvements will extend the life of the Ice Garden. George Pucak, ice garden manager, said they are planning for 20 more years. The ice rink was constructed in 1964. The consent calendar is: 3 Regular Meeting Aspen City Council January 22, 2001 · Resolution #5, 2001 - Contract Ice Garden – Floor – Lewis Refrigeration Co. · Resolution #6, 2001 – Contract Ice Garden – Roof, Locker Rooms – CMS Inc · Resolution #7, 2001 – Truscott Reimbursement · Resolution #8, 2001 – Contract Amendment Truscott – Loris & Associates · Resolution #9, 2001 – Contract Amendment Truscott – DHM Design, Inc. · Resolution #10, 2001 – Contract Amendment Truscott – Cunniffe & Assoc. · Resolution #11, 2001 – Boomerang – Extension of PUD Plat Recordation Date · Resolution #12, 2001 – Truscott – Extension of PUD Plat Recordation Date · Resolution #13, 2001 - Mayor's Deed Robert Card Trust · Resolution #14, 2001 – Procurement Agreement Wildlife Proof Cans – McClintock Metal · Ordinance #1, 2001 - Council Compensation · Ordinance #2, 2001 Code amendments – Wildlife Protection · Ordinance #4, 2001 - Water Service Agreement - Urschel Tract "D" · Minutes - November 27, 2000 - January 8, 2001 Roll call vote; Councilmembers Paulson, yes; McCabe, yes; Hershey, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. 4 Regular Meeting Aspen City Council January 22, 2001 RESOLUTION #106, SERIES OF 2000 - Kaplan Annexation Councilman McCabe moved to continue this to May 14; seconded by Councilman Markalunas. All in favor, motion carried. 303 S. CLEVELAND APPEAL OF HPC DECISION Councilman McCabe entered into the record a letter he received from the applicant, Chuck Tower. Fred Jarman, community development department, th noted on December 18 , Council heard an appeal of an HPC decision made November 15, 2000, to keep 303 S. Cleveland on the inventory. At the end of the December meeting, Council requested staff to meet with the applicant to see if there were alternative locations for these 3 cabins. Jarman listed some criteria for deciding on moving these cabins; (1) if the cabins are relocated, should they be retained for residential use; (2) should they remain as a set; (3) should the cabins be relocated in a prominent location; (4) should they be located in the city; and (5) should they be affordable housing. Julie Ann Woods, community development department, said the historic guidelines address maintaining the historic integrity when a structure is moved. Jarman said staff also addressed keeping one cabin on site. If Council wants one cabin on site, then the cabin should maintain some historic value and HPC would retain purview over this site. Jarman asked if the intent is that HPC purview go with the site wherever these cabins are relocated. Jarman said staff would like direction from Council on these points. Michael Hoffman, representing the applicant, told Council they have contacted a number of non-profit entities in this valley. Most want the housing but do not have space. The Aspen Valley Hospital and ACES are both discussing possible locations for these cabins. Staff's ideas are Burlingame, Smuggler mine site, and the airport. Hoffman requested an additional 60 days to identify a receiver site and then establish parameters for moving these cabins. Mayor Richards asked when the consultant's work on the historic inventory will be done. Ms. Woods told Council the consultant is evaluating the post World War II properties and should be done in March. Mayor Richards said these are post WWII buildings. Mayor Richards said Council has been asked to determine whether HPC abused their power or acted arbitrarily by 5 Regular Meeting Aspen City Council January 22, 2001 not taking these buildings off the inventory. Mayor Richards said she is interested in waiting until after the consultant's work is done to see if these buildings should be de-listed. John Worcester, city attorney, noted that the applicant has the right to have this appeal determined on its merit on the record. Worcester said he does not object to the Mayor's proposal as long as the applicant indicates they are willing to postpone any final decision until after the expert reviews these buildings. Mayor Richards opened the public hearing. Suzannah Reid, HPC Chair, noted these structures are on the inventory and at some time have been considered historic. Ms. Reid said her concern is in moving structures as an alternative to redevelopment of historic structures in situ. Ms. Reid said this may be setting a precedent for other property owners that want to move their structures off their property. Ms. Reid supported waiting to see how these structures fit in with the overview of post WWII structures. Councilman Markalunas agreed relocating historic structures may take away from the historical aspects. Councilman Markalunas said structures or sites are determined historic because of who lived there or an event that took place there. Councilman Markalunas said the city should have a policy on how much relocation is allowed. Councilman Markalunas said he would rather have a structure relocated than demolished. Ms. Reid said relocation does affect the integrity of the historic structure. Mayor Richards closed the public hearing. Councilman Hershey said he would prefer to take this property off the historic inventory. Mayor Richards agreed this is not a great historic resource for Aspen. Mayor Richards said she will wait to review this property in the context of the work the consultant is doing on the historic inventory. Mayor Richards said the compromise of relocating these cabins is a good one. Mayor Richards noted many of the historically designated Victorians were moved from lot to lot. Mayor Richards supports a 60-day extension to find another location for these cabins. Councilman Markalunas supports waiting 60 days. Councilman Markalunas said the relocation can damage the historic integrity of structures. Councilman McCabe said on the 5 criteria, the only one important to him is 6 Regular Meeting Aspen City Council January 22, 2001 that these cabins be affordable housing and this depends on where the cabins are relocated. Mayor Richards said she can live without any of these criteria. Councilman Hershey agreed. Councilman McCabe suggested in the future that letters notifying people of historic designation be sent by certified mail. Councilman McCabe favors the 60 days extension to relocating these cabins. Councilman Paulson asked the precedence of this for other historic property owners. Worcester said if this is Council's compromise, they can adopt a resolution outlining the reasons that relocation was allowed and to make clear this is not a precedent setting situation. Councilman Paulson said he is willing to give 60 days to look into this; however, he is not willing to make a commitment to approve moving these cabins. Hoffman agreed a 60-day continuance is acceptable. Councilman McCabe said he would like to see some guidelines on how the 5 year review is conducted, exactly when it is to begin. Councilman Markalunas moved to continue this issue to the first meeting after the 60 day period; seconded by Councilman Hershey. Councilmembers Paulson and Markalunas said they would like to see at least one cabin stay on the site. Councilmembers Hershey, McCabe and Mayor Richards said all 3 cabins could be moved. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; Hershey, yes; McCabe, yes. Mayor Richards, yes. Motion carried. Hoffman offered to donate 15 hours to help the city improve the historic preservation ordinance. ORDINANCE #3, SERIES OF 2001 - Campaign Spending Laws John Worcester, city attorney, told Council this ordinance amends the election code and is necessary because of adding the runoff provisions. Worcester noted this ordinance makes clear the runoff election is a separate election for purposes of fund raising and campaign reporting. This ordinance also raises the contribution limit from $100 to $250 and makes an effort to tie the city reporting requirements to the state Fair Campaign Practices Act. 7 Regular Meeting Aspen City Council January 22, 2001 Worcester pointed out the state campaign act limits contributions that can be made to various offices and has a provision to automatically increase that limit 10 percent every 4 years after 2003. The new state law recognizes these limits should be reviewed periodically. Worcester said the increase in contribution limits is the major change in this ordinance. Worcester said he feels the current contribution limit is too low and would restrict First Amendment rights. Worcester said the test for this is whether the law is narrowly tailored to serve a compelling state interest. Worcester explained the test is whether there is a compelling state interest being addressed by limiting the amount of money people can contribute to a campaign. This has to be narrowly tailored to meet that interest. Worcester said reasons for these contribution limits are to equalize the financial resources of candidates running for office; to level the field between rich and poor candidates; general dissatisfaction by the public with the amount of money being spent on the political process; to limit the influence of special interest groups; rising cost of running for office prevents qualified citizens from running for office; large contributions create the potential for corruption and the appearance of corruption. Worcester said Council listed these reasons when the existing campaign spending act was passed. Worcester told the Courts as a compelling reason for adopting campaign limits have accepted only the last reason. Worcester said if Council comes up with a valid reason for imposing contribution limits, which Council has indicated is the concern that large contributions create the potential for the appearance of corruption, then Council needs to look at the maximum amount of the limits so it is narrowly tailored to achieve that goal. Worcester told Council he has looked at Court cases in which the Court discusses general principles of this issue. The Court has said they will not second guess a political body as to where they think that limit should be. Worcester said Council needs to decide what constitutes a sufficiently large donation to a candidate running for office in Aspen that would lead to the potential for corruption or the appearance of corruption. Worcester presented analysis of spending and candidates over the last 4 years. Worcester noted the Court looked at what would happen in past races, how many people contributed at the maximum. In Mayor Richards' successful 1999 campaign, 46% contributed at the maximum, indicating more people would have given more money if there were not a limit. Worcester said for all candidates, the average maximum contribution runs between 30 to 55%. This indicates the current $100 limit is too low. 8 Regular Meeting Aspen City Council January 22, 2001 Worcester noted another test the Court used is to evaluate the largeness of contributions relative to the total expenses of candidates. Worcester said the Court stated, "the contribution limit as compared to the total campaign expenditures is that a contribution made at the maximum limit would constitute such a low percentage of the total funds raised by a campaign based upon historical data that it could not reasonable carry appearance of corruption". Worcester evaluated the percentage of contribution limits versus total expenditures at $100, $250, $500 and $1000 based on actual expenditures. Worcester pointed out for Mayor Richards campaign $100 contribution was .49% of the total, at $250 it would be 1.23%, at $500 it would be 2.46% and at $1000 it would be 4.92%. Worcester said for Council $250 would be about 7% of the total expenditures. The question is whether that percent would give the appearance of corruption to the public. Worcester said adding inflation since the ordinance was passed would be the contribution limit to $140. Councilman McCabe moved to read Ordinance #3, Series of 2001; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE NO. 3 (Series of 2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 9.04 OF THE ASPEN MUNICIPAL CODE RELATING TO MUNICIPAL ELECTIONS, TO ADD A LEGISLATIVE DECLARATION TO THE CHAPTER, TO AMEND CERTAIN DEFINITIONS AT SECTION 9.04.010, TO CHANGE THE REPORTING REQUIREMENTS AS SET FORTH IN SECTION 9.04.020, AND TO AMEND THE LIMIT ON CONTRIBUTIONS BY A SINGLE DONOR IN SECTION 9.04.060 was read by the city clerk Councilman Hershey said he finds $100 limit onerous and would support $250 contribution limit. Mayor Richards said she would prefer $200 contribution limit. Councilman McCabe said he would support $250 or $200. Councilmembers Markalunas and Paulson said they would support $200. Worcester said he will present analysis at $200 for Council's second consideration. 9 Regular Meeting Aspen City Council January 22, 2001 Worcester stated this code amendment came from his office and did not originate with City Council. Councilman Paulson asked that staff look at an automatic inflationary increase in this ordinance. Council agreed. Councilman Markalunas moved to adopt Ordinance #3, Series of 2001, on second reading directing staff to do an analysis of $200; seconded by Councilman McCabe. Roll call vote; Councilmembers McCabe, yes; Hershey, yes; Paulson, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. ISIS UPDATE Mayor Richards said she does not feel the city got specific instructions on their future role in from the town meeting last week. Mayor Richards said there was interest in forming a task force and the city should offer staff st support for the meeting scheduled February 1 . After that meeting, the city can see where this is headed and who may lead the task force. Mayor Richards said she does not see the city controlling this process but only to offer support. Councilman Hershey said the city could continue as a facilitator with only minimal staff support. Councilman Hershey said the city has an arts center, the Wheeler Opera House, and a lot of taxes go to support that facility. Councilman Markalunas agreed the city has to be careful not to get financially entangled in this facility. However, the city does have an important role in facilitation of this process. The Isis deserves as much thought an consideration for what it represents to the community. Councilman McCabe agreed it is not the city's role to be a leader in this process. Mayor Richards said this task is a daunting project, but so was the Red Brick and the Wheeler. There may be ways to work this out. The Isis is an important part of the social and economic fabric of Aspen. Mayor Richards said she would like the city keep answering questions and making information available. Mayor Richards said she would like to see what the task force members may come up with. Steve Barwick, city manager, asked Council for a cap on money they would like to spend on this process. Councilman McCabe said he would like to cap 10 Regular Meeting Aspen City Council January 22, 2001 this at $5,000. Mayor Richards suggested $8,000 might be appropriate until someone else comes up with a leadership role. Mayor Richards moved to approve $8,000 as a cap for the amount to be spent on the Isis; seconded by Councilman Paulson. All in favor, motion carried. Councilman Hershey moved to go into executive session at 7:10 p.m. for advice from Council; seconded by Councilman McCabe. All in favor, motion carried. Councilman Hershey moved to come out of executive session at 7:55 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Markalunas moved to adjourn at 7:55 p.m.; seconded by Councilman Hershey. All in favor, motion carried. Kathryn S. Koch, City Clerk 11 Regular Meeting Aspen City Council January 22, 2001 AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS AWARDS ...... 1 CITIZEN PARTICIPATION ................................ ................................ ....... 1 COUNCILMEMBER COMMENTS ................................ ........................... 1 CONSENT CALENDAR ................................ ................................ ............. 2 · Resolution #5, 2001 - Contract Ice Garden – Floor – Lewis Refrigeration Co. ................................ ................................ ..................... 4 · Resolution #6, 2001 – Contract Ice Garden – Roof, Locker Rooms – CMS Inc ................................ ................................ ................................ ... 4 · Resolution #7, 2001 – Truscott Reimbu rsement ................................ ... 4 · Resolution #8, 2001 – Contract Amendment Truscott – Loris & Associates ................................ ................................ ................................ 4 · Resolution #9, 2001 – Contract Amendment Truscott – DHM Design, Inc. ................................ ................................ ................................ ........... 4 · Resolu tion #10, 2001 – Contract Amendment Truscott – Cunniffe & Assoc. ................................ ................................ ................................ ...... 4 · Resolution #11, 2001 – Boomerang – Extension of PUD Plat Recordation Date ................................ ................................ ..................... 4 · Resolution #12, 2001 – Truscott – Extension of PU D Plat Recordation Date ................................ ................................ ................................ ......... 4 · Resolution #13, 2001 - Mayor's Deed Robert Card Trust ..................... 4 · Resolution #14, 2001 – Procurement Agreement Wildlife Proof Cans – McClintock Metal ................................ ................................ .................... 4 · Ordinance #1, 2001 - Council Compensation ................................ ....... 4 · Ordinance #2, 2001 Code amendments – Wildlife Protection .............. 4 · Ordinance #4, 2001 - Water Service Agreement - Urschel Tract "D" ... 4 · Minutes - November 27, 2000 - January 8, 2001 ................................ .. 4 RESOLUTION #106, SERIES OF 2000 - Kaplan Annexation .................... 5 303 S. CLEVELAND APPEAL OF HPC DECISION ................................ . 5 ORDINANCE #3, SERIES OF 2001 - Campaign Spending Laws ............... 7 ISIS UPDATE ................................ ................................ ............................ 10 12