HomeMy WebLinkAboutminutes.council.20021209Regular Meeting Aspen City Council December 9~ 2002
SHIMAKAPPU SISTER CITY ................................................................................. 2
CITIZEN PARTICIPATION .................................................................................... 2
COUNCILMEMBER COMMENTS ..................................................................... 3
MINUTES ........................................................................................................................ 5
FIRST READING OF ORDINANCES ................................................................... 6
· Ordinance #48. 2002 - Code Amendment - Housing Replacement Requirements 6
· Ordinance #47. 2003 - Fees for 2003 ................................................................... 6
· Ordinance #46. 2003 - Wheeler Endowment Fund ............................................. 6
ORDINANCE #41, SERIES OF 2002 - Code Amendment Standardizing
Boards and Commissions ............................................................................................ -
ORDINANCE #45, SERIES OF 2002 - Supplemental Appropriation ........... 8
BURLINGAME PARCEL D GREEN BUILDING THRESHOLD ........ 9
RESOLUTION #116, SERIES OF 2002 - ESPN X-Games Request for
Banners on Light Poles ................................. .............................................................. I0
SIDEWALK EASEMENT - Gibson Avenue ...................................................... 10
STATEMENT IN FAVOR OF PEACEFUL RESOLUTION IN IRAQ ....... 11
Regular Meeting Aspen Ci~, Council December 9~ 2002
Mayor~Klanderud called the meeting to order at 4:05 p.m. with
Councilmembers paulson, Semrau, Hershey and McCabe Present.
Councilman Hershey moved to go into executive session for the purpose of
discussion potential acquisition of property pursuant to C.R.S. 24-6-
402(4)(a); seconded by Councilman Semrau. All in favor, motion carried.
Councilman Hershey moved to come out of executive session at 4:40 p.m.;
seconded by Councilman Semrau. All in favor, motion carried.
Mayor Klanderud called the regular meeting to order at 5:05 p.m. with
Councilmembers McCabe, paUlson, Hershey and Semrau present.
SHIMAKAPPU SISTER CITY
John Taylor and Karinjo DevOre preSented the Aspen CitY Council and
Aspen Sister Cities with a plaque recognizing and honoring the i0 year
sister city relationship.
CITIZEN PARTICIPATION
1. Torre said he is concerned about the county's recycling program,
which may be in danger because the city has other plans for the recycling
area within the Obermeyer project. City Manager Steve Barwick noted it
was discussed during the Obermeyer project to clean up the area or to have
smaller collection systems around town. It was not discussed to close down
the recycling center. Torre said he hope Council does what it can to make
the recycle program successful. Torre said he is concerned about the city's
willingness to give away its assets. The trolleys had value to many people.
Torre said he would like to know the rationale for not using the trolleys
locally or as kiosks. Torte said if the trolleys were sold, the money could
have been used to pay for transportation issues in the city.
2. Jerry Bovino thanked everyone who supported the trolleys. Bovino
said Aspen is facing a downturn in the economy and he does not want the
city to have budget problems like the county. Bovino said if the trolleys are
worth any money, the city should find someone to pay for them and put the
money back in the city's revenues.
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Regular Meeting Aspen City Council December 9~ 2002
3. Toni Kronberg told Council she went to the County Commissioners'
meeting and urged them to keep the recycling program. Ms. Kronberg asked
that the city work with the county to keep this program alive. Ms. Kronberg
suggested there be small recycling stations in several different locations so
people can walk to them. Ms. Kronberg noted the election question on the
trolleys said to dispose of them but not to whom. Ms. Kronberg said there is
no place to have outside food at Iselin and a trolley as a food stand would be
a benefit.
4. Lenir Drake asked why the trolleys are not going to the highest
bidder. Mayor Klanderud said the trolleys are in very bad condition. There
is considerable expense to repair them, even for use as a kiosk. Mayor
Klanderud said it was the decision of the prior Council, affirmed by this
Council, to have them used in an operating system where possible. Ms.
Drake suggested these might be more valuable donated to a non-profit in the
valley.
5. Emzy Veazy III invited everyone to Grassroots at the Red Brick
Center tomorrow at 5 p.m. as Santa Claus is coming to town. Veazy said he
has a public television show, Caviar and Class in Aspen. Veazy asked
Aspen business and civic leadership to join his efforts.
6. Bert Myrin said the city is giving away assets. The city has a $70
million budget. Myrin suggested they city sell these trolleys and give the
proceeds to SPARC. Myrin said the Aspen is not immune from national
economics, and it would be irresponsible to do anything with city assets that
could have benefited the community.
COUNCILMEMBER COMMENTS
1. Councilman Hershey said the trolley issue has gone on and on and on.
Councilman Hershey said these trolleys are an asset in the negative. It
would take thousands and thousands of dollars to make the trolleys work.
The places that are getting these trolleys are going to spend money, restore
them and use them.
2. Councilman McCabe noted Lisbon has many of these trolleys
available. LiSbon has gone from 26 trOlleYs lines to 4 lines, mainly for
tourist attractions. Lisbon has gone to buses for their public transportation.
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Regular Meeting Aspen Ci~, Council December 9~ 2002
These trolleys have been sitting around neglected for years. Councilman
McCabe Pointed out citizens petitioned Council to put thi~ issue on the
ballot. Staff and the trolley group drafted an election question and the voters
made the decision. The voters endorsed disposing of these trolleys and
Council has an obligation to honor that vote.
3. Councilman Semrau said he went to the hybrid bus demonstration,
and it is a fantastic. He would like Council to commit to using this type of
technology in mass transit and to encourage RFTA to do everything possible
to purchase some for their fleet.
4. Councilman Paulson asked why the trolleys are not going out to bid.
Councilman Paulson said the city has a fiscal responsibility to get the most
for this asset as they can. Councilman Paulson said Council might not be
allowed to give this asset away under Article XI of the State Constitution.
5. Mayor Klanderud said at the advice of the city's attorney, Council has
a reasonable basis for making the gift or contribution of trolleys at another
community. There was a public purpose defined. Mayor Klanderud noted
the city has not laid off any employees. There are sUfficient reserves in all
of the departmental fund; CoUncil has budgeted -5% in sales tax revenueS
for 2003 to be very cautious about the economy. Mayor Klanderud said the
trolleys have been an issue in this community for 22 years. The Council
supported the trolley group taking a question to the voters to decide once and
for all what to do with the trolleys. The decision of the community was not
to keep the trolleys. There are expenses in keeping these trolleys, Mayor
Klanderud stated it is not a wise use of municipal assets to allow them to
deteriorate over time. The city has agreements with the communities that
are receiving these trolleys that they will be used in an operating system.
Mayor Klanderud said the trolleys may have been nice; hoWever, at the
expense of refurbishing this to have a running trolley system, the trolleys
have been put to a reasonable use.
Councilman Semrau said this Council did not make up the disposal priorities
for the trolleys; a previous Council set this up. Councilman Semrau
reiterated it was more important that these go to a working trolley system
than to get $7500 for the trolleys. Councilman Semrau said it was a wise
decision. Councilman McCabe said these trolleys have been sitting on city
open space for a long time, and it is cruel to allow these trolleys to rot away.
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Regular Meetin~ Aspen City, Council December 9, 2002
6. Mayor Klanderud stated the RFTA Board is meeting about hybrid
buses and she would like to impart Council's support for this type of bus.
Councilman Hershey said his only concern would be rushing ahead of
technology. Councilman Semrau pointed out this is the same technology as
that used in the Prias and it is a proven technology.
7. Mayor Klanderud asked Council's feelings on advertising on the
buses. Councilman Paulson said he would like to see an example.
Councilmembers Semrau and McCabe said they are opposed. Mayor
Klanderud said she thinks external advertising would violate the city's sign
code. These would be moving billboards. Councilman Paulson said rather
than raise fares, he would like to examine any possible way to get more
revenue into the transportation efforts.
8. City Manager Steve Barwick requested an executive session at the end
of the meeting to discuss a personnel ~ssue.
9. Councilman McCabe reported on the latest RWAPA meeting. The
habitat study that has been going on for 18 months should be complete in
early 2003. Councilman McCabe said the Board discussed cooperative
efforts going on to protect western slope water. There is a possible IGA of
the western Colorado drainage to fend off threatemng to Ruedi water supply.
Councilman McCabe noted that Aspen will no longer pay the majority of
RWAPA's budget; all jurisdictions will pay a share.
MINUTES
Councilman Hershey moved to approve the minutes of November 25, 2002;
seconded by Councilman McCabe. All in favor, motion carried.
Reeular Meetinq Aspen City Council December 9, 2002
FIRST READING OF ORDINANCES
Ordinance #48, 2002 - Code Amendment Housing Replacement
Requirements
· Ordinance #47, 2003 - Fees for 2003
· Ordinance #46, 2003 - Wheeler Endowment Fund
Councilman Hershey moved to read Ordinances #48, 47, 46, Series of 2002;
seconded by Councilman McCabe. All in favor, motion carried.
ORDINANCE NO. 48
SERIES OF 2002
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL
APPROVING A TEXT AMENDMENT TO THE LAND USE CODE
TO AMEND SECTION 26.530.050, HOUSING REPLACEMENT
REQUIREMENTS, TO ALLOW FOR A PAYMENT IN LIEU
OPTION IN THE MULTI-FAMILY REPLACEMENT PROGRAM,
CITY OF ASPEN.
ORDINANCE NO. 47
Series of 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF
ASPEN TO INCREASE CERTAIN MUNICIPAL FEES.
ORDINANCE NO. 46
(Series of 2002)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO ESTABLISHING A SEPARATE WHEELER OPERA
HOUSE ENDOWMENT FUND FROM REVENUES DERIVED FROM
WHEELER OEPRA HOUSE DEPARTMENTAL SAVINGS (RETT AND
EARNED REVENUE SAVINGS) AND SETTING FORTH
INVESTMENT
Regular Meeting Aspen City Council December 9, 2002
Councilman McCabe moved to adopt Ordinances #46, 47, and 48, Series of
2002; Seconded by cOUncilman Hershey. R°ll call vote: McCabe, yes;
Paulson, yes; Hershey, yes; Semrau, yes; Mayor Klanderud, yes. Motion
carried.
CoUncilman McCabe said for the second reading of the fee increasing he
would like to know why some fees are increased more than the standard 3%.
Mayor Klanderud said she would like some explanation of the Wheeler fee
structure. CoUncilman Hershey asked about charging more to plaY on the
municipal golf course is one if not an Aspen resident.
ORDINANCE #41, SERIES OF 2002- Code Amendment - Standardizing
Boards and Commissions
David Hoefer, assistant city attorney, told Council this ordinance amends the
language regarding P&Z, HPC and the Board of Adjustment to make it
standard. This ordinance makes clear members must be residents of the city
for one year. The removal clause states, "All members serve at the pleasure'
of the City Council and may be removed for cause prior to the expiration of
their appointment by a majorit3~ vote of the City CoUncil." The terms have
been standardized to 4-year terms. The ordinance sets HPC membership at 7
regular and 1 alternate, rather than 7 and 3. The ordinance clarifies how
officers are elected, clarifies quorum and necessary vote.
Mayor Klanderud opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
Mayor Klanderud suggested rather than drop all references to compensation,
the ordinance state members will serve without compensation to make this
very clear.
Councilman McCabe suggested Board terms be 3 years so that CoUncil
would have a chance in their 4-year term to interview Board members. The
majority of Council agreed a standard 4-year term was the most workable.
Councilman Paulson moved to adopt Ordinance #41, Series of 2002, on
second reading, amending it to add "the members shall serve without
compensation"; seconded by Councilman Hershey. Roll call vote: McCabe,
yes; Paulson, yes; Hershey, yes; Semrau, yes. Mayor Klanderud, yes.
Motion carded.
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Regular Meeting Aspen City Council December 9, 2002
ORDINANCE #45, SERIES OF 2002 - Supplemental Appropriation
Paul Menter, finance director, told Council this ordinance provides year-end
funding for the construction fund of the Aspen Recreation Center. Menter
explained because the project is being financed from donations that are
scheduled to be received over years, there is a short-term cash flow problem.
This ordinance appropriates $6.2 million of loans $4.5 million from the
Wheeler Fund and $1.7 million from the housing/day care fund. These are
maximum amounts and only the amount needed will be loaned from these
funds. The funds will be repaid as quickly as possible. The loans will carry
3.5% interest, which is equivalent to a Treasury bill, and the maximum term
is 4 years.
Mayor Klandemd opened the public hearing.
Toni Kronberg said during the trolley discussion, possible donation of the
trolleys came up. Ms. Kronberg said Friends of the Moore Pool and SPARC
both could use the trolleys and the revenue from selling them. Ms. Kronberg
said the swimming pool could use finishing details, like bleachers. Ms.
Kronberg asked why the city has to borrow money when in 1999 voters were
told there would be plenty of money available for everything planned. Ms.
Kronberg noted the ice facility was not to be part of the 1999 bond funds and
there was to be separate accounting kept. Councilman McCabe said the
donated money is to cover the ice facility and a portion of the common
elements. The recreation facility is much larger than what was asked for in
the 1999 bond. Ms. Kronberg said she would like to see a breakdown of the
accounting for the recreation facility. Menter said this is a technical
amendment to the budget to allow the city to end the fiscal year with a
positive cash balance in the construction fund.
Ron Erickson asked if the entire $6.2 million is needed now or could this be
structured as a line of credit. Erickson asked if the 3.5 % interest is straight
interest or APR. Erickson asked if SPARC is being charged for these funds.
Mayor Klandemd answered the money is not going to SPARC; the money is
being used to finish a city facility. Menter said the majority of the money is
needed right now. The total will decrease as the donations come in at the
beginning of 2003. Menter noted the interest rate is equivalent to what the
city would earn in a fixed income investment portfolio.
Regular Meeting Aspen City Council December 9, 2002
Nida Tautvydas, director of the Wheeler, said the Wheeler fund does not
hage $4~ ~million2 The~e is $5 million in their fund and S°me of this is
owned to vendors or other groups. Ms. Tautvydas suggested the repayment
agreement be re-~tten so that $3 million is repaid in the first year.
Georgia Hanson said she would like to be able to understand better how this
loan would affect the Wheeler's endowment. City Manager Steve Barwick
said the Wheeler will have to invest their endowment funds. This money
will be invested in the city rather than in T-Bills. Menter noted the year-end
cash balance for the Wheeler, after this lOan, will be $1.5 million.
Mayor Klanderud suggested continuing this public hearing for one week as
there is a Wheeler Board meeting this week. Staff can meet with the Board
if further discussion is needed. Brain O'Neil supported cOntinuing this item
as did Larry Fredrick, both Wheeler Board members.
Councilman Hershey moved to continue Ordinance #45, Series of 2002, to
December 16, 2002; seconded by CounCilman Semrau. All in favor, motion
carried.
BURLINGAME PARCEL D GREEN BUILDING THRESHOLD
Troy Rayburn, asset management department, told Council the task force set
a minimum of 80 green building points, which is mandatory, and a goal of
130 points for Burlingame Parcel D. Councilman Semrau asked if the city
will tell potential developers that 130 is a recommendation but not
mandatory. Mayor Klandemd asked if staff feels 130 points is achievable
within budget. Ed Sadler, asset manager, said 130 points can be achieved
within budget as Council has let the developer choSe which items he wants
to use as part of his green building. Councilman Semrau suggested Council
establish 130 points as a goal and ask the development team if there is an
extra cost to achieve those points. The city should quantify What the extra
green points will cost.
Mayor Klanderud suggested if a development team tells the city they cannot
meet 130 points within budget, Council can negotiate the points and the
budget. Councilman Semrau said Council should be aware there are
increased costs to get this much green building. Councilman McCabe said
he would like to know the trade offs for the costs. Councilman Semrau said
he would like to know what the extra 50 POints will coSt. CounCil agreed
Regular Meeting Aspen City Council December 9, 2002
that 130 points is a laudable goal, ask the developers to try and meet that and
find out what it costs.
RESOLUTION #116, SERIES OF 2002 - ESPN X-Games Request for
Banners on Light Poles
Sarah Oates, community development department, reminded Council they
adopted a policy in 2000 to only allow banners on lights poles for 25, 50 and
100-year anniversaries of significant local groups and for
national/international events. Ms. Oates noted staff is reqommending
approval based on the fact this is a significant international event that
deserves to be recognized.
Deric Gunshot, ESPN, presented several renderings of the banner and noted
that these banners will have no advertising. Council agreed any one of these
renderings would be fine. Councilman Hershey said the X-Games are a
great amenity to the community and should be recognized as such.
Councilman Hershey moved to adopt Resolution #116, Series of 2002;
seconded by Councilman McCabe. All in favor, motion carded.
SIDEWALK EASEMENT - Gibson Avenue
Nick Adeh, city engineer, reminded Council in 1998 the city established
Smuggler neighborhood improvement area and tried to enhance pedestrian
safety. Adeh said there were not sidewalks or pedestrians lanes. The city
finished connections where they had the right of way. Adeh said on Gibson,
there is only sidewalk on one side of the street because of the narrow right-
of-way. There is not a link at the southwest comer of Gibson and Neal
avenue, about 150 feet. Adeh said he is trying to negotiate a 4-foot
easement to connect the links. Adeh said if people offer the easement, he
uses the pedestrian money to install the sidewalk. Adeh asked for
permission to negotiate with these property owners to purchase the easement
as the property owners are not willing to donate the easement. When there ~s
an amount or a contract, this will come back to Council. Council agreed
Adeh should pursue this.
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Regular Meeting Aspen City Council December 9, 2002
STATEMENT IN FAVOR OF PEACEFUL RESOLUTION IN IRAQ
Frank Peters said this might be a national issue; however, because the local
resources that might be given up are the community's children. Peters said the
community would lose promising and energetic children. Bill Stifling said
there is a history of Councils in Aspen speaking out on national and
international issues. Stirling said it is important that Aspen's voice be heard.
Michael Gassman said it is appropriate for local communities to discuss issues
outside their borders, and it is becoming more and more important. Gassman
said there is no national debate about important issues and communities have
responsibility to speak out in the absence of no one else speaking out. Steve
Crockett said an entire previous City Council coming back together requesting
Council adopt a resolution sends a powerful message. Crockett said this is a
moral issue and that the Council should stand up and be heard to urge the
country's leaders not to invade Iraq.
Councilman Hershey stated he appreciates that this previous Council came
forward with a resolution. Councilman Hershey noted he represents many
different sectors of the community and did not run on a national platform.
Councilman Hershey suggested that citizens concerned about an invasion of
kaq should contact their federal representatives. Councilman Paulson stated it
is appropriate for Council to pass this resolution. Councilman Paulson said
besides concern over children in this community, Council has a responsibility
for the economy and a war would be disastrous for the local economy.
Councilman McCabe said he is a Viet Nam era veteran and he came out of the
service definitely on the side of peace. Councilman McCabe stated he did not
run on a platform of his feelings for or against war. Councilman McCabe said
he has not asked local citizens how they feel about an invasion of Iraq.
Councilman McCabe agreed it is important for citizens who feel strongly
about this issue to call their federal elected officials. Councilman McCabe
said he does not feel it is his position as a Councilperson who has not
expressed his position on war to adopt this resolution.
Councilman Semrau said Council represents all the citizens of Aspen,
including a lot of people who are not at this meeting. Councilman Semrau
noted he received e-mails and personal comments asking him not to take a
stand on this issue. Councilman Paulson said the collective force of a Council
resolution means a lot more than individuals.
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Regular Meeting Aspen City Council December 9, 2002
Mayor Klanderud said to her there is no more serious violence than war~ The
issue here is peace and this Council is all for peace and peaceful means.
Mayor Klanderud said there are citizens who chose not to h~ave Counc!l speak
for them on this particular issue. Mayor Klanderud does not support passing
this resolution.
Councilman Semrau moved to go into executive session at 8:15 p.m. for the
purpose of discussing a personnel issue pursuant to C.R.S. 24-6-402(4)(b);
seconded by Councilman McCabe. All in favor, motion carded.
Councilman Semrau moved tO come out of executive' s~sior~ at 8:40 p.m.;
seconded by Councilman Hershey. All in favor, motion carried.
John Worcester, city attorney, told Council staff will bring a resolution
regarding the Maroon Creek bridge to the next Council meeting. Randy
Ready, assistant city manager, reminded Council they requested this resolution
to ask CDOT to prioritize the Maroon Creek Bridge section from Buttermilk to
the roundabout. Councilman Pau.lson asked if there i,s anything in this
resolution supporting the existing alignment. Ready Stated What COuncil asked
for was a resolution in support of the Maroon Creek bridge. Councilman
Hershey said this Couid be added at the meeting. Worcester Said this is a
peripheral issue that can be discussed at the next Council meeting.
Councilman Semrau moved tQ adjourn at 8:45 p.m.; seconded by Councilman
Hershey. All in favor, motion carried.
City Clerk
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