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HomeMy WebLinkAboutminutes.council.20100308Regular Meeting Aspen City Council March 8 2010 OUTSTANDING EMPLOYEE BONUS AWARD ........................................................... 2 .PROCLAMATION -Shining Stars ................................................................................... 2 PROCLAMATION -Celebrate History Month .:............................................................... 2 CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS .................................................................................. 3 CONSENT CALENDAR ................................................................................................... 4 • Resolution #18, 2010 -Proposal for Additional Castle Creek Studies ................... 4 • Resolution #19, 2010 -Contract Control Sequencing ARC .................................. 4 • Resolution #2Q 2010 -Contract Awazd-Castle Creek Drain Line/Penstock and Thomas Reservoir Intake Structures ............................................................................... 4 • Resolution #21, 2010 -Wheeler Needs Assessment .............................................. 4 • Minutes -February 22, 2010 .................................................................................. 4 RESOLUTION #8, 2010 -Contract Burlingame Phase II Architect ................................. 4 REQUEST TO CLOSE STREET -Aspen Ski Company Core Party ................................ 5 ORDINANCE #2, SERIES OF 2010 -Aspen Club Final SPA/PUD ................................ 5 ORDINANCE #29, SERIES OF 2010 - 211 W. Hopkins Ordinance #48 Negotiation..... 6 ORDINANCE #5, SERIES OF 2010 -Code Amendment Wildlife Protection ................ 6 1 Regular Meeting Aspen City Council March 8 2010 Mayor Ireland called the meeting to order at 5:08 p.m. with Councilmembers Skadron, Johnson, Romero and Torre present. OUTSTANDING EMPLOYEE BONUS AWARD Mayor Ireland and Council presented the parks and recreation staff with an outstanding bonus award for the idea and execution of Winter Wonderland at the ARC. The staff created two ice rinks, snow shoe trails, a sledding hill, provided rental equipment and did the maintenance and marketing. This Winter Wonderland added to guests' and residents' experience. PROCLAMATION -Shining Stars Mayor Pro Tem Skadron and Council extended a warm welcome to staff, volunteers and all Shining Stars and proclaimed March 15~h to March 19~h as Shining Stars Winter Games Week. PROCLAMATION -Celebrate History Month Mayor Ireland and Council proclaimed March as Celebrate History Month. Members of the Aspen Historical Society outlined events happening through Aspen during the month of March. CITIZEN PARTICIPATION 1. Shelly Roy told Council they should not build any more units at Burlingame but land bank it. There is a glut in affordable housing units and the community is looking at 5 to 10 years before the glut in the market is picked up. There are places in the mid- valley that working people cannot sell. There are options available. Ms. Roy urged Council to go back and look at the economic models and assumptions under which the city is operating. 2. Bill Wiener noted at Council's work session with HPC, the statement was made that nobody knows why Aspen should preserve buildings. Wiener said the practical reason is that there are communities throughout Colorado with whom Aspen competes; many have better transportation access, some have better skiing. People come to Aspen because there is history here and the Aspen brand. 3. Georgeanne Waggaman stated she has observed many locals are having trouble financially. Ms. Waggaman said she has observed construction equipment, rental houses and out of town owners are a problem with trash and bear issues. Ms. Waggaman told Council there is no physical way for her to solve the trash problem and she will have to pay the trash companies to take the trash right out of the trash cans. Ms. Waggaman said the city should look at who is creating the problems and consider the different solutions. 2 Regular Meeting Aspen Citv Council March 8, 2010 4. Toni Kronberg applauded the parks and recreation for creating the winter Wonderland at the ARC. Ms. Kronberg said the town of Snowmass Village is going to vote no on funding the Entrance to Aspen because Aspen and Pitkin County are not going to fund the free business from Snowmass to Aspen. Ms. Kornberg encouraged Council to think about the long term implications of that decision. Ms. Kornberg said if Council is going to put alternatives to the entrance to Aspen on the November ballot, she would like the aerial tramway funded to the same level as the other alternatives. Randy Ready, assistant city manager, told Council they are going to discuss whether or not to put any ballot issues regarding the Entrance to Aspen in April. COUNCILMEMBER COMMENTS 1. Councilman Skadron asked the Mayor to comment on Burlingame. Mayor Ireland agreed the city has to take into consideration the demand forecast for affordable housing. Mayor Ireland said he does not think there is a glut of affordable units on the market.. Mayor Ireland said Council should be proactive and not wait until there is a housing crisis. There is still a lot of interest in each housing lottery. Mayor Ireland noted it may take 5 years before Burlingame Phase II is ready for occupation. 2. Councilman Torre passed on Council's best wishes to Steve Barwick, city manager, who is recovering from surgery. 3. Councilman Tone noted I-70 is closed through the Glenwood canyon. 4. Councilman Tone said he, too, would like clarification on Shelly Roy's comments about affordable housing. 5. Councilman Tone told everyone they can support the Historical Society by purchasing chenille scarves, which he modeled. 6. Mayor Ireland noted the boys' basketball team is having a great season and they are models for the community. 7. Mayor Ireland announced that H.B. 1017, making deed restrictions enforceable, passed the state house and is going to the senate later this month. 8. Mayor Ireland said it is very important for everyone to fill out the census. The census numbers help school district funding and other funding. Communities can lose a lot of funding from undercounting. 9. Randy Ready, assistant city manager, told Council the boys' basketball games at the state finals will be broadcast on KMTS. 10. Councilman Skadron said he, Councilman Tone and Steve Barwick, city manager, attended the Colorado Association of Ski Towns legislative dinner where they Regular Meeting Aspen City Council March 8 2010 had a chance to meet with state legislators and talk about items of importance to municipalities, like H.B. 1017. CONSENT CALENDAR Mayor Ireland moved to adopt the consent calendar as amended; seconded by Councilman Romero. The consent calendar is: • Resolution #18, 2010 -Proposal for Additional Castle Creek Studies • Resolution #19, 2010 -Contract Control Sequencing ARC • Resolution #2Q 2010 -Contract Award-Castle Creek Drain Line/Penstock and Thomas Reservoir Intake Structures • Resolution #21, 2010 -Wheeler Needs Assessment • Minutes -February 22, 2010 Councilman Skadron said on the Wheeler needs assessment, the Aspen context is missing. Aspen is not a large city and there is a context within which the city needs to operate. The city cannot fill the demand of everyone who wants performance space. Gram Slaton, director Wheeler Opera House, told Council they can discuss this with the consultants when it is presented at Council Councilman Romero asked if the contract award for the Castle Creek drain line went through the public bid process. Andy Roselli, water department, told Council 10 contractors applied initially; the staff went through a qualification process and pre- qualified 5 contractors. Western Summit was the most qualified and can do the job for the price. All in favor, motion carried. RESOLUTION #8, 2010 -Contract Burlingame Phase II Architect Chris Everson, asset management, reminded Council at their direction for clarification, staff put together a clarification document and established for each architect notification of what to expect. The clarification document had 4 main areas; first, clarification of the base scope of work. Staff used the owner's rep hired last month to work on pulling out of the RFP and the contract all of the work related scope specific to the architect. These items were put together, a list of 1361ine items. Each architect was asked if all the 136 items, yes or no, were included in the proposal. All architects stated those 136 items are contained in their proposals. 4 Regular Meeting Aspen City Council March 8 2010 The second area was additional services. Some of the proposals contained mention of work items that were or were not included in their proposals and which were not mentioned in the scope of work. There was a list of 29 items yes or no are these items included in their proposal. Everson noted staff did not ask for prices or ask the prices be changed or to modify the services part of the original proposals. Everson said staff also asked, are there services above and beyond the base scope of work in your proposal. Everson told Council some of these were answered with a work plan. Staff was able to discern that some architects were offering more additional services than others, services that staff may not know whether they are needed now or not, like LEED certification. The architects were asked whether LEED certification was included in their proposal or not. Everson said with this process, staff was able to discern number of additional services that were in each proposal. Councilman Skadron asked if the discrepancies were that some proposals included things beyond the base scope of work. Everson said that and the fact that architects wanted to be clear what they thought were necessary services. Everson said the third party owner's representative went through the entire scope of service and felt it was thorough. Barry Crook, assistant city manager, pointed out the higher bid had 23,000 hours estimated for the project and the lower bid estimated 15,000 hours to complete the project. Councilman Johnson thanked staff for the extra effort and time spent on this and he feels comfortable making this decision. Mayor Ireland stated he is reluctant to not hire local firms; however, the city has an obligation to the competitive process, which was tested and asked for comparison of services. A113 firms said they would do everything the city asked of them. All in favor, motion carried. Steve Holley, Poss Architects, read a letter to Council expressing their support for affordable housing and for Burlingame. Holley said affordable housing is a special part of the community and expresses the values of the City. Holley said his firm is disappointed they will not be continuing with Burlingame and they are proud of their work in Burlingame phase I. REQUEST TO CLOSE STREET -Aspen Ski Company Core Party Councilman Johnson recused himself due to a conflict of interest. Councilman Tone moved to approve the Aspen Ski Company request to close the streets and to exceed the noise decibel until 11 p.m. on March 20`h; seconded by Mayor Ireland. All in favor, motion carried. ORDINANCE #2, SERIES OF 2010 -Aspen Club Final SPA/PIJD 5 Regular Meetin¢ Aspen City Council March 8.2010 Mayor Ireland moved to continue Ordinance #2, Series of 2010 to March 315 ;seconded by Councilman Johnson. All in favor, motion carried ORDINANCE #29, SERIES OF 2010 - 211 W. Hopkins Ordinance #48 Negotiation Mayor Ireland moved to continue Ordinance #29, Series of 2010, to Mazch 22"a• seconded by Councilman Tone. All in favor, motion carried. ORDINANCE #5, SERIES OF 2010 -Code Amendment Wildlife Protection Jim True, special counsel, noted the changes from first reading reflect the exemptions regazding the 120 square feet for an enclosure in Section 5 on recommendation of the community development department. True pointed out the ordinance will not take effect until June 1, 2010. Mayor Ireland said he has received questions about costs of beaz proof containers and what the costs are. True said locally there is a 32 gallon wildlife resistant container costing $300. True said trash haulers can acquire wildlife resistant containers at about $143 if they buy 20 or more. True said staff can work on making sure haulers purchase large numbers of trash cans so that customers can get the discount. Gretchen Born, police department, said different sizes of containers are available at different costs. Ms. Born said there is a flyer on aspenbears.com with information on purchasing wildlife proof containers. Mayor Ireland suggested staff be directed to see if there is a way the city can do a mass purchase to lower the costs of the containers. Councilman Skadron asked about the citizen comment to address those who create the problem rather than passing an amendment that affects the entire community. Richazd Pryor, chief of police, told Council his department responded to over 700 bear calls last year; the vast majority of the calls resulted in education. Pryor said this is a community-wide problem and it is incumbent on all members to step up to resolve the bear issue. Councilman Johnson suggested there may be a uniform way to identify each trash can rather than have many different designs. Stephanie Dasaro, police department, told Council she has been working with the trash haulers on how the identification of trash cans will be done. Ms. Dasazo said she has concerns about telling the trash haulers how to do this. The haulers want something that is consistent and looks good for their own business. Councilman Tone asked about the penalties for lack of compliance. Ms. Born told Council the penalties increase per violation up to $999 for the 3ra violation. Councilman Tone stated the community is fearful about the effects and costs of this amendment. Mayor Ireland noted 19 bears were put down last season and this is a public safety issue and the community has to get behind it. Pryor said the police department is about education and about changing behavior, which is more productive than fining and threatening people. The police department plans a heavy educational component. Councilman Tone agreed this is a personal responsibility and that something needs to be Regular Meetine Aspen City Council March 8.2010 done about the bear issue. Councilman Torre stated he is concerned about placing an unnecessary burden on community members. Mayor Ireland opened the public hearing. Jim Smith agreed extra cost to the individual in economic hard times is a legitimate concern; however, there is the cost to the public and there was much public money spent on the bear issue last summer. Smith noted the residents of Snowmass village have afforded these wildlife proof containers. Vail had a similar ordinance and last year only 2 bears were killed; Aspen did not have this ordinance and 19 bears were killed. Lindsay Smith urged Council to pass this ordinance. Mayor Ireland said he has a lot of confidence in the Division of Wildlife personnel in the valley and if they recommend adopting this ordinance they have expertise and have no stake in the ordinance. Randy Hampton, division of wildlife, thanked the police department for the work of last summer. Hampton told Council DOW has met with city staff over the winter to look at ways to avoid another summer like last year. Hampton noted this is the city and the DOW's problem. The DOW is working on research and on looking at the bear population on this growing problem in mountain communities. The DOW is looking at education, at targeting second homeowners. The DOW supports this ordinance. Mayor Ireland closed the public hearing. Councilman Romero moved to adopt Ordinance #5, Series of 2010, on second reading; seconded by Councilman Torre. Roll call vote; Councilmembers Johnson, yes; Skadron, yes; Torre, yes; Romero, yes; Mayor Ireland, yes. Motion carried. Councilman Johnson moved to adjourn at 6:45 p.m.; seconded by Councilman Romero. All in favor, motion carried. /~~ ~ Kathry .Koch, City Clerk 7