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Home My WebLink Aboutminutes.council.20111128 Regular Meeting Aspen City Council November 28, 2011 CITIZEN PARTICIPATION 2 COUNCIL COMMENTS 3 CONSENT CALENDAR 3 • Resolution #79, 2011- 2012 EOTC Transit & Sales Use Tax Budget 4 • Resolution #80, 2011— Extending Construction Deadline Si Johnson Ditch Vehicular Access 4 • Minutes — November 14, 2011 4 RESOLUTION #78, SERIES OF 2011— New Year's Eve Fireworks Contract 4 ORDINANCE #37, SERIES OF 2011 — Adopting International Fire Code 4 ORDINANCE #32, SERIES OF 2011 — Supplemental Appropriation 5 ORDINANCE #33, SERIES OF 2011 -2012 Fees 5 RESOLUTION #77, SERIES OF 2011— Adopting 2012 Mil Levy 5 ORDINANCE #35, SERIES OF 2011— Water Rate increase 6 ORDINANCE #36, SERIES OF 2011— Electric Rate Adjustment 6 ORDINANCE #19, SERIES OF 2011 — Aspen Walk (404 Park Avenue) 6 ORDINANCE #30, SERIES OF 2011— Castle Creek Energy Center 6 1 Regular Meeting Aspen City Council November 28, 2011 Mayor Ireland called the meeting to order at 5:04 PM with Councilmembers Skadron, Frisch, Johnson and Torre present. CITIZEN PARTICIPATION 1. Brad Onsgard questioned the continuing to add fluoride to the city water. Onsgard said there is a lot of information about the health hazards of fluoride; these are toxic chemicals that are being added to city water. Steve Barwick, city manager, said Council is having a work session on fluoride in January and Onsgard should attend. 2. Ward Hauenstein, Election Commission, told Council the commission and Council received a client - attorney memorandum from John Worcester, city attorney, addressing questions he had asked regarding the election commission. Hauenstein asked that this memo be released to the public. Worcester said there is nothing in the memorandum he would be opposed to releasing to the public; however, it is a bad precedent to be releasing attorney - client memos and it would make it easier the next time for someone to ask for a waiver of attorney - client privilege. Hauenstein said in the interest of fair and open government, it would be good to let the citizens see the opinion. Worcester reiterated it is a bad precedent. Hauenstein told Council he needed clarity in order to address CORA requests made to the Election Commission. Hauenstein noted Worcester volunteered his opinion, which he got, and in the interest of open government, he would like to be able to make that opinion public. Councilman Frisch said it would be helpful to work towards being open unless it would be harmful to the city's litigation. Councilman Johnson agreed he has concerns about the on -going litigation and release of this memo. Councilman Skadron concurred because of the litigious nature of this subject, it is important to recognize the precedence that could erode Council's ability to move forward. Councilman Torre said he would not waive the confidentiality tonight; he is leery of the precedent it would set. Hauenstein pointed out the Election Commission does not have the ability to waive confidentiality; however, he does not see why this cannot be discussed in an open meeting. Mayor Ireland said Council needs time to consider this request and to see if there is another way the information Hauenstein is seeking can be made public without disclosing the entire memorandum. Mayor Ireland noted city staff and city Council have been accused of criminal doings in election matters and there is ongoing litigation and the city has to be cautious in dealing with these issues. Mayor Ireland said he has to weigh sympathies with the aim of making this information public against saying things in public that will be used against the city in a court of law. Mayor Ireland said he would like the opportunity to discuss this with Council and with the city attorney to see if there is a compromise on this. 3. Patti Clapper, Pitkin County Weed Advisory Board, presented Council with 2012 Weeds of Colorado calendar. 4. Phyllis Bronson said although she does not agree with everything the city does, she is concerned with citizens that have become so hostile people are afraid to speak up in public. Ms. 2 Regular Meeting Aspen City Council November 28, 2011 Bronson said she does not know how the current climate can be changed; however, it is way overdue for a change. COUNCIL COMMENTS 1. Councilman Skadron thanked Aspen T.R.E.E. for their pre - thanksgiving dinner, which was free and open to the community. 2. Councilman Skadron also thanked the Hickory House for another wonderful Thanksgiving dinner. It reminds one what a great community this is. 3. Councilman Torre brought up World Cup races, which reminds us that Aspen is a ski town. Councilman Torre said he would like to discuss increasing the city's role in World Cup. 4. Councilman Torre stated Movember is almost over and the final event is at Belly Up December 3 Movember is to increase awareness in men's health issues. Councilman Torre reminded everyone of the Aspen HOPE center, 925 -5858, and anyone who has depression issues should contact that number 5. Councilman Johnson agreed World Cup was a great event and thanked the many volunteers who worked the event. Councilman Johnson also thanked the Hickory House and crew for donating that much food and time to the community. 6. Councilman Torre congratulated the US Ski Team and Mikaela Shiffrin for finishing 8th in the World Cup race. 7. Mayor Ireland said one cannot meet expectations in a community like this where the need for perfection is so strong. Mayor Ireland agreed it is important to seek help if one needs it. 8. Mayor Ireland thanked Jimmy Hancock and his crew for the great job on the World Cup course and race. Mayor Ireland noted the US is being considered for additional ski races as there is no natural snow in Europe. Mayor Ireland pointed out this is indicative of climate change. 9. Councilman Johnson said NW Colorado Council of Government is engaging in a search for a new director. 10. Councilman Frisch reported that the Nordic council is working with John Wilcox of Ashcroft to make sure cross country skiing remains available. Councilman Frisch noted Pitkin County contracts with the city parks department to insure the system wide cross country ski trails are set and usable. CONSENT CALENDAR Councilman Skadron said he would like to remove Resolution #78, Fireworks Contract. 3 Regular Meeting Aspen City Council November 28, 2011 Mayor Ireland moved to approve the consent calendar as amended; seconded by Councilman Torre. The consent calendar is: • Resolution #79, 2011 - 2012 EOTC Transit & Sales Use Tax Budget • Resolution #80, 2011 — Extending Construction Deadline Si Johnson Ditch Vehicular Access • Minutes — November 14, 2011 All in favor, motion carried. RESOLUTION #78, SERIES OF 2011— New Year's Eve Fireworks Contract Councilman Skadron asked about the negotiations with Americana fireworks for a $34,500 contract for 30 minutes of entertainment plus 4 nights' accommodations for 6 people. Councilman Skadron said he would like assurance that the city is getting the most for their money. Nancy Lesley, special events, said the city gets its money's worth. The city gets a good deal on lodging. Ms. Lesley said the city deals with Americana as they do a lot of fireworks in Aspen; there is equipment situated here. Ms. Lesley said for 2011, staff did not talk to other companies. Councilman Johnson said it is worth looking at the market for the future. Mayor Ireland agreed it is too late for his year but would like an RFP for next year or a process to solicit alternative. Mayor Ireland moved to adopt Resolution #78, Series of 2011; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE #37, SERIES OF 2011— Adopting International Fire Code Mayor Ireland moved to read Ordinance #37, Series of 2011; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE NO. 37 (Series of 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS 11.04.020 AND 11.04.030 OF THE ASPEN MUNICIPAL CODE, ADOPTING BY REFERENCE THE INTERNATIONAL FIRE CODE, 2009 EDITION, AMENDING CERTAIN SECTIONS OF SAID CODE, AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH. Councilman Skadron moved to adopt Ordinance #37, Series of 2011, on first reading; seconded by Councilman Frisch. Roll call vote; Frisch, yes; Torre, yes; Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. 4 Regular Meeting Aspen City Council November 28, 2011 ORDINANCE #32, SERIES OF 2011 — Supplemental Appropriation Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to adopt Ordinance #32, Series of 2011, on second reading; seconded by Councilman Skadron. Mayor Ireland asked if every dollar that comes in to the lodging tax will be appropriated. Ashley Ernemann, finance department, told Council this fund will have a fund balance; not every dollar will be allocated. Roll call vote; Skadron, yes; Torre, yes; Johnson, yes; Frisch, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #33, SERIES OF 2011— 2012 Fees Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to adopt Ordinance #33, Series of 2011, on second reading; seconded by Councilman Frisch. Councilman Frisch said he would like a way to bring clarity to what city programs are being subsidized so that people know they are getting a good deal and that prices would be higher without the subsidy. Councilman Johnson suggested staff can look at how to get this message across, like what the cost of an activity would be without subsidy. Steve Barwick, city manager, said staff will work on this for next year. Roll call vote; Frisch, yes; Skadron, yes; Torre, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #77, SERIES OF 2011— Adopting 2012 Mil Levy Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to adopt Resolution #77, Series of 2011; seconded by Councilman Johnson. Mayor Ireland noted the total mil levy for 2012 is 5.236 mils which includes the storm water mil levy. All in favor, motion carried. 5 Regular Meeting Aspen City Council November 28, 2011 ORDINANCE #35, SERIES OF 2011— Water Rate increase Mayor Ireland moved to adopt Ordinance #35, Series of 2011; seconded by Councilman Torre. Lee Ledesma, water department, pointed out the water department staff has projected a 5% increase every three years to keep the water fund whole. Staff will be doing a study of all sectors of the water department in 2012 and will bring that back to Council. Roll call vote; Torre, yes; Frisch, yes; Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #36, SERIES OF 2011— Electric Rate Adjustment Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to adopt Ordinance #36, Series of 2011, on second reading; seconded by Councilman Torre. Lee Ledesma, water department, reminded Council the intent was to increase large commercial user's rates over four years; however, that was left out of the previously adopted ordinance. This institutes the four year structure. Roll call vote; Frisch, yes; Torre, yes; Skadron, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #19, SERIES OF 2011 — Aspen Walk (404 Park Avenue) Mayor Ireland moved to continue Ordinance #19, Series of 2011, to January 23, 2012; seconded by Councilman Skadron. Councilman Torre asked why continue this; why not vote it down. Mayor Ireland stated he feels there has not been compliance with earlier conditions; however, the applicant is not here to defend this request. Councilman Torre asked for a staff update on this project. All in favor, motion carried. ORDINANCE #30, SERIES OF 2011— Castle Creek Energy Center Mayor Ireland moved to continue Ordinance #30, Series of 2011, to December 12 seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to adjourn at 6:20 PM; seconded by Councilman Johnson. All in favor, motion carried. I ^ 6