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HomeMy WebLinkAboutminutes.council.20030922Regular Meeting Aspen City Council September 22, 2003 CITIZEN PARTICIPATION ...................................................................................... 2 COUNCILMEMBER COMMENTS ......... i ................................... .i! ........................ 2 CONSENT CALENDAR ............................................................................................ 3 · Resolution #83, 2003 - Contract Award - 2003 Pedestrian improvements ........... 4 · Resolution #84, 2003 - Purchase MAA Land Smuggler Mountain ....................... 4 · Resolution #85, 2003 - Contract - Stillwater Ranch Water Line ........................... 4 · Resolution #86, 2003 - Adoption of AnnuaI Annexation Plan .............................. 4 · Resolution #89, 2003 - South 7th & Hopkins Annexation ..................................... 4 · Minutes - September 8, 2003 .................................. . .............................................. 4 FIRST READING OF ORDINANCES ................................................................... 4 · Ordinance #49, 2003 - Adopting Model Traffic Code ORDINANCE #47, SERIES OF 2003 - Surcharge on Municipal Court Violations ......................................................................................................................... 4 RESOLUTION #87, SERIES OF 2003 - Adoption of Emergency Response Plan ......................... : .................................................................. : ....................................... 7 RESOLUTION #88, SERIES OF 2003 - Red Brick Extension of Vested Rights ................................................................................................................................ 8 ORDINANCE #50, SERIES OF 2003 - General Obligation Refunding Bonds ................................................................................................................................. 8 Regular Meetin~ Aspen City Council September 22, 2003 Mayor Pro Tern Richards called the meeting to order at 5:00 p.m. with Councilmembers Paulson and Torte present. CITIZEN PARTICIPATION 1. Toni Kronberg told Council public comment was taken at the presentation on the storm water project held last week. The parks director stated next month there will be a site visit so the public can see the proposed enhancements and give their input. Ms. Kronberg said she would like to have a task force on recycling and its location at the Rio Grande. Ms. Kronberg requested Council form a task force on recycling. Ms. Kronberg told Council her biggest concern is what is not being recycled. She also is interested in a warm water pool at the Rio Grande. COUNCILMEMBER COMMENTS 1. Councilman Torte reported he went to Garmisch as part of a sister city trip. Councilman Torre said the trip enlightened him on what the sister city program does for Aspen Councilman Torte said it was refreshing to get an outside look at Aspen. Councilman Torte said he feels the sister city program is invaluable. 2. Councilman Torte announced tomorrow night is a work session on infill. 3. Councilman Torte noted in Germany, the rest areas are noted as recycle areas with massive bins to encourage recycling. Councilman Torte said he would like to see the recycling at Rio Grande integrated in the plan not pushed somewhere else. 4. Councilman Torte stated a lot of citizens have commented to him their concems about diminished RFTA service. Councilman Torre asked if Council is willing to meet and discuss RFTA's needs and if there is a way the city can help. Mayor Pro Tem Richards noted there was a brief discussion at the EOTC meeting about transportation. Mayor Pro Tem Richards said during the city's budget would be an appropriate time to discuss supporting RFTA. 2 Regular Meeting Aspen City Council September 22, 2003 5. Mayor Pro Tem Richards told Council she is going to Mammoth Mountain to speak to their business community about the formation of the regional transit authority in the Roaring Fork Valley. 6. Steve Barwick, city manager, announced the neighborhood meetings are still going on and the next one is September 30th at 11:30 a.m. and is the business meeting. 7. Steve Barwick, city manager, requested Council schedule an executive session September 23 after their work session to discuss property acquisition. 8. Mayor Pro Tem Richards stated that first reading of Ordinance #50, General Obligation Bond refunding should be added to the agenda. 9. John Worcester, city attorney, reminded Council ordinances require the affirmative vote of 3 members of Council. There are only 3 members present. 10. Councilman Torre passed out the agenda for the Arts Council meeting, which he attends on behalf of City Council. Councilman Torre announced the Roaring Fork Open art show and Berko photograph show will open at the Aspen Art Museum October 9th. 11. Councilman Paulson reported at the last RFTA Board meeting, there was a discussion on rails to trails and whether to pave the old railroad beds. Councilman Paulson said RFTA does not have funding for trails and he would like to see a funding source so that the rails do not have to be paved over. Mayor Pro Tem suggested the work on trails be phased out over a longer period of time. CONSENT CALENDAR Councilman Paulson moved to approve the consent calendar; seconded by Councilman Torre., The consent calendar is: 3 Regular Meeting Aspen Cit~/Council September 22, 2003 · Resolution #83, 2003 - Contract Award - 2003 Pedestrian improvements · Resolution #84, 2003 - Purchase MAA Land Smuggler Mountain · Resolution #85, 2003 Contract - Stillwater Ranch Water Line · Resolution #86, 2003 - Adoption of Annual Annexation Plan · Resolution #89, 2003 - South 7th & Hopkins Annexation · Minutes - September 8, 2003 All in favor, motion carried. FIRST READING OF ORDINANCES Councilman Torre moved to read Ordinance #49, Series of 2003; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE NO. 49 SERIES OF 2003 AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE CITY COUNCIL OF ASPEN, COLORADO, ADOPTING BY REFERENCE THE 2003 EDITION OF THE "MODEL TRAFFIC CODE," REPEALING ALL ORDINANCES IN CONFLICT THEREWITH, AMENDING AND ADDING SUBSECTIONS THERETO, AND PROVIDING PENALTIES FOR VIOLATION THEREOF. Councilman Torre moved to adopt Ordinance #49, Series of 2003, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Ton'e, yes; Mayor Pro Tem Richards, yes. Motion carried. Councilman Torre moved to continue Ordinances #21 and 22 to October 14 and Ordinance #43 and Resolution #90 to October 27; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #47~ SERIES OF 2003 - Surcharge on Municipal Court Violations Regular Meeting Aspen City Council September 22, 2003 Loren Ryerson, chief of police, told Council the police department was asked to look at opportunities for funding substance abuse programs including detox. Ryerson said other cities have added surcharges to municipal fines to support these type of programs. Ryerson reminded Council this was only for substance abuse but staff has added the opportunity to expand it to other programs, like victim's assistance. Council will decide if programs are appropriate for funding through the surcharge. Ryerson said the revenues will go into a fund and any expenditures will be at Council's discretion. David Hoefer, assistant city attorney, told Council there have been surcharges on municipal offenses in Colorado since 1984. Hoefer said alcohol detoxification competes for limited funding. The State recognized this and adopted legislation permitting municipalities to have a surcharge imposed on both criminal and traffic violations. The revenues from this 35% surcharge can be used for detox or Council can decide to add victim's rights and witness assistance program. Hoefer told Council based on current revenues, this sUrcharge would generate about $15,000/year. The fines and court costs cover the cost of the system. Hoefer nOted that in over 90% of the criminal cases prosecuted in the U.S., drug or alcohol abuse is the underlying factor and there are not programs available for the criminals. This surcharge would go towards alleviating that. Hoefer said he feels it important that the city adopt this surcharge, which would average $35/case. Councilman Paulson asked who would be in charge of the funds. Hoefer answered that the police department makes recommendations to Council, who makes the final determination. Councilman Torre asked if the surcharge is limited to crimes committed with either drugs or alcohol. Hoefer stated he does not recommend that because it would add another level to municipal court cases, an evidentiary process to prove alcohol or drugs were an underlying cause. Councilman Paulson asked if this would cause the police department to issue more court tickets to make this a revenue generator. Ryerson said the police department has never operated in a quota. Any time revenue is involved in police work, it changes the equation. Ryerson noted philosophically he dOes not like police performance being judged on a revenue basis. Ryerson stated Councils have struggled with how to fund detox centers and with whose Regular Meeting Aspen city Council September 22~ 2003 responsibility it is. Ryerson said a surcharge puts the onus on people who are making use of the system. Mayor Pro Tem Richards opened the public hearing. Si Coleman said he does not feel the police department should be assigned with finding more revenue sources. Coleman said Aspen citizens treasure the trust between them and the police department. Coleman pointed out the business climate has not been good for several years. This may be a disincentive to touriSm. Coleman stated it is a bad idea to justify legislation by coming up with a target for who has to pay the bill. Brad Osborn told Council he supports this ordinance. Osborn said he works with the detox issue, trying to find funding and support. Osbom said this is positive by taking care of people who are in trouble with alcohol or drug issues. Toni Kronberg supports this ordinance and when stopping people, the police department is doing it for everyone's safety. Ms. Kronberg said this should be looked at as education as well as prevention. Coleman said he is in favor of funding detox but it should be funded as other city programs are funded. Mayor Pro Tem Richards closed the public hearing. Councilman Paulson said he is concerned about all municipal offenses being charged a fee for a specific purpose. Councilman Paulson said a person running a stop sign should not have to pay for detox. Councilman Paulson asked about raising the fines and using that increased revenue for detox. Ryerson told Council the allowable fines are $0 to $1,000 for most municipal offenses. Most traffic offenses have a suggested fine. It is up to the judge how to apply the fines and mitigating circumstances can raise or lower that fine. Mayor Pro Tem Richards said she can support this ordinance; it is a way to assist people with substance abuse problems to get out of the cycle. Mayor Pro Tem Richards suggested adding "traffic safety education programs" to what can be funded by this fee. Councilman Torre moved to adopt Ordinance #47, Series of 2003, amending it to add "traffic safety education programs"; seconded by Mayor Pro Tem Richards. 6 Regular Meeting Aspen City Council September 22, 2003 Councilman Paulson said he could support this if the punishment fit the crime. Councilman Paulson stated he has problems funding a detox center by someone running a stop sign. Councilman Paulson said he would like to know the percentage of fines at municipal court; how many are traffic, or other offenses, like disorderly conduct. Councilman Paulson said he would like language added to the ordinance that the punishment should fit the crime. Councilman Torre withdrew his motion. Councilman Torre moved to continue Ordinance #47, Series of 2003, to October 14; seconded by Councilman Paulson. All in favor, motion carded. RESOLUTION #87~ SERIES OF 2003 -Adoption of Emergency Response Plan Lee Cassin, environmental health department, told Council this resolution adopts a basic response plan for the city and provides the framework for response to any type of emergency. The plan specifies who is responsible for what in an emergency. The annexes address specific items related to specific emergencies. Council has discussed this in a work session. Ms. Cassin said any emergency plan is a work in progress and will be amended and improved. Ms. Cassin pointed out the plan commits the city will use the incident command system in emergencies. There are no financial implications in adopting this plan; however, there may be request for funding for equipment in the future. Mayor Pro Tem Richards opened the public heating. Toni Kronberg said a central commander is needed; it is important to know who is in charge. Ms. Kronberg commended Lee Cassin for her work coordinating all the departments on this plan. Mayor Pro Tem Richards closed the public hearing. Councilman Torre moved to approve Resolution #87, Series of 2003; seconded by Councilman Paulson. All in favor, motion carried. 7 Regular Meeting Aspen Ci,ty Council September 22, 2003 RESOLUTION #88, SERIES OF 2003 - Red Brick Extension of Vested Rights Julie Ann Woods, community development department, reminded Council the Red Brick received Council approval for some improvements, and they have only been able to complete a portion of those improvements. This request for extension is to give them protection from changes in the land use code while they decide what improvements to complete. The request is for a one-year extension; however, staff is suggesting this be a 3-year extension. Tim Anderson, recreation director, noted the 1997 plan included the entrance canopy, landscaping. The number one need for improvement identified by the users was improvements to the west end. Anderson told Council it will take time to put together a plan and to get funding. Cindy Bingham, Red Brick, agreed improvements to the west end will make it safer for pedestrians and cars. Councilman Torre stated he is the city's representative to the Arts Council and discussed it with the Council. Councilman Torre stated he does not feel that is a conflict. Councilman Paulson asked if the conference area is going to be turned into storage. Anderson said they have to work with the users and the neighbors and then bring back to Council a plan. No construction will begin until Council approves the plans. Mayor Pro Tern Richards opened the public hearing. There were no comments. Mayor Pro Tem Richards closed the public hearing. Councilman Paulson moved to approve Resolution #88, Series of 2003; seconded by Councilman Torre: All in favor, motion carded. ORDINANCE #50~ SERIES OF 2003 - General Obligation Refunding Bonds Councilman Paulson moved to read Ordinance #50, Series of 2003; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE NO. 50 (Series of 2003) AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ASPEN, COLORADO, OF ITS GENERAL OBLIGATION REFUNDING Regular Meetin~ Aspen City Council September 22, 2003 BONDS, SERIES 2003, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,930,000 FOR THE PURPOSE OF REFUNDING THE CITY'S OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 1992A, GENERAL OBLIGATION HOUSING REFUNDING BONDS, SERIES 1993A MATURING ON AND AFTER DECEMBER 1, 2004, AND GENERAL OBLIGATION HOUSING REFUNDING BONDS, SERIES [99JB; PROVIDNG FOR THE PAYMENT OF SUCH BONDS FROM AVAILABLE TRUSCOTT HOUSING FUND REVENUES, AVAILABLE MAROLT HOUSING FUND REVENUES, AVAILABLE GENERAL FUND REVENUES AND AVAILABLE HOUSING DEVELOPMENT FUND REVENUES THAT ARE AVAILABLE FOR SUCH PURPOSES, IF ANY; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM THE PROCEEDS OF AD VALOREM PROPERTY TAXES; PROVIDING FOR THE LEVY OF AD VALOREM PROPERTY TAXES FOR THE PAYMENT OF SUCH BONDS; PROVIDING THE FORM OF SUCH BONDS AND OTHER DETAILS WITH RESPECT TO SUCH BONDS AND THE PAYMENT THEREOF; APPROVING OTHER DOCUMENTS RELATING TO SUCH BONDS; AND PROVIDNG THt~ EFFECTIVE DATE OF THIS ORDINANCE was read by the deputy city clerk Paul Menter, finance director, told Council this is a general obligation bond refunding, and the combined interest savings on these 3 ~ssues is over $1 million. Menter said this will not extend the debt service any farther into the furore and the savings come at the end of the bond issue. Menter requested approval on first reading so these bonds can be marketed next week. Menter told Council Moody's has reaffirmed the cits."s AA3 bond rating. These bonds are scheduled to close the end of October. Councilman Paulson moved to adopt Ordinance #50, Series of 2003, on first reading; seconded by Councilman Torre. Roll call vote; Councilmembers Torre, yes; Paulson, yes; Mayor Pro Tern Richards, yes. Motion carried. Councilman Paulson moved to continue the meeting to September 23 at 6 p.m. for an executive session; seconded by Councilman Torre. All in favor, motion carried. Council left Chambers at 6:55. Kathryn ~. Koc/h, 'City Clerl~ ~-~ 9