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HomeMy WebLinkAboutminutes.council.20170612Regular Meeting Aspen City Council June 12, 2017 1 CITIZEN COMMENTS ............................................................................................................................... 2 COUNCILMEMBERS COMMENTS .......................................................................................................... 2 CITY MANAGER COMMENTS ................................................................................................................ 3 BOARD REPORTS ...................................................................................................................................... 3 CONSENT CALENDAR ............................................................................................................................. 3 Resolution #92, Series of 2017 – Development Inspection Services Change Order ............................ 4 Resolution #93, Series of 2017 – Contract Amendment – The Downtowner ....................................... 4 Resolution #94, Series of 2017 – Burlingame Pump House Construction Contract _ PNCI Construction Inc. ........................................................................................................................................... 4 Resolution #95, Series of 2017 – West Main Street Mobility Plan ...................................................... 4 Board Appointments ............................................................................................................................. 4 Minutes – April 24, 2017 ...................................................................................................................... 4 ORDINANCE #17, SERIES OF 2017 – Local Tobacco Sales License and Minimum Purchase Age Requirement .................................................................................................................................................. 4 SWEAR IN MAYOR AND CITY COUNCIL MEMBERS ........................................................................ 6 CITIZENS COMMENTS ............................................................................................................................. 6 COUNCILMEMBER COMMENTS ............................................................................................................ 6 Regular Meeting Aspen City Council June 12, 2017 2 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Mullins, Frisch, Daily and Myrin present. Mayor Skadron Ask Jeff Woods to say a few words about Austin and his new position. Jeff Woods, parks, said there have been some big transitions in parks. Two long time leaders have resigned. We are lucky that there have been some great candidates. Tom has been with parks for 35 years. Internally, we had Austin Weiss, head of open space and trails for 17 years. We are excited to have him on the team. The community knows him. Austin Weiss said he is thrilled and honored to have the opportunity to lead the department and carry on the work. CITIZEN COMMENTS 1. Tom Coggins spoke about the downtowner contract amendment. There are three different layouts for the boundaries in the contract and different layouts in the app. 2. Skippy Mesirow and Mike Reese from the Next Gen Board gave congrats to Ward and thanked Art for his service. Skippy said it was an honor to take part in the electoral process. Next Gen has worked on increasing the electoral process but did not take part in that this year. 1,800 people voted in the runoff. It should be our obligation to increase participation. We need to change the voting date. Our lowest occupancy date is during the voting season. We will be reaching out to talk about changing the voting date. Reach us at aspennextgen.net. 3. Toni Kronberg thanked Art for the last four years. COUNCILMEMBERS COMMENTS Councilman Daily said this has been a marvelous opportunity. You can’t get a more blessed opportunity. He has enjoyed all of it the good, bad and ugly. He felt supported at all times by members of the community. The community interaction and sensitivity is quite unique. It has been a wonderful opportunity. Ward will do a nice job coming in. God bless all here. Councilman Frisch said you are sincere and thoughtful as anyone who has ever sat up here at this table. Councilman Myrin said last Friday the canary initiative had an electric vehicle drive event. Look at the Chevy Bolt. There are a variety of discounts available out there. APD had a BBQ last Friday. Jim and Lindsay Smith, neighbors baked deserts and brought them to the city. He will miss having Art’s thoughtful presence at the table. He also added a lot of depth to the discussion. Councilwoman Mullins said she was honored to have been reelected. Congratulants to Ward and Steve. She has appreciated Art’s thoughtfulness. She has family here tonight and she thanked them for coming. She was lucky enough two weeks ago to go to Washington DC and met with senators and staff for the Mountain PAC. It was fascinating. Contact your representatives and keep pushing agenda items that are important. Mayor Skadron said if those who serve in these seats have half the thoughtfulness and compassion of Art we will be well served. He was asked to make a presentation in Nova Scotia, they are legalizing marijuana. I got a call to go, so I did. Regular Meeting Aspen City Council June 12, 2017 3 CITY MANAGER COMMENTS Steve Barwick said CDOT will be doing repairs on June 26 and 27 through town. There will be lane closures on the inbound lanes. Michelle Holder will talk about the next citizen’s academy. Ms. Holder stated the next session will be 11 classes August through December. They are looking for around 20 participants. Visit cityofaspen.com/citizensacademy for more information. BOARD REPORTS Councilwoman Mullins said ACRA gave a presentation on school readiness and achievement and the airport. Starting June 1st the Red Brick will be bringing on two full time employees. Summer enrollment is very high. RFTA approved low no grants to fund at least 8 electric busses. They approved we cycle funding for 3 to 5 years and gave a transportation update. Ruedi is still working on the zero mussels and the importance to keep them under control. They may come back to the city for more money. Ruedi may also be looking for a new director. CONSENT CALENDAR Reso 92 – development inspection change order Councilwoman Mullins said this is for 155,000 dollars, is this how most communities do it. Tyler Christoff, utilities, replied it varies. We felt like this was the most scalable option for us. Councilwoman Mullins asked how many hours, is that a max. Mr. Christoff said this is only our second year doing this. We felt like it is a good benchmark. Councilwoman Mullins said it is to our benefit. Mr. Christoff said it is to the quality of our utilities and right of way to stay ahead of this. Reso 94 – Burlingame pump house Councilman Myrin said we are currently using tap water to irrigate and are switching to well. If we switch can we change back. Kevin Dunnett, parks, said we are designed primarily for well but it is compatible. There is no reason why it can’t change back. Councilman Myrin said he will approve this. Mr. Christoff said most of the infrastructure is potable and there is a reuse system coming on in the future. It is designed to use any of the three. Reso 95 – west main mobility plan. PJ Murry, engineering, said earlier in the spring Aspen Housing Partners presented some alternatives and the community expressed some concerns. Mayor Skadron asked for some comment as to what is happening on the Castle Creek Bridge. Trish Aragon, engineering, said the orange barricades is not associated with the living lab. It is associated with the water tap. We did bid out Hallam Street this year and received no bidders. We are going to package out Hallam and Castle and bid it out in the next month. There won’t be a living lab this year. It costs around 100,000 dollars to do that. Reso 93 - downtowner contract John Krueger, transportation, said at the last work session there were four of you and council was split on the expansion of service to the music tent for September to April. The packet includes a resolution that does not include it and one that does. Tom Coggins made some comments that the expanded services does not help the taxi services. Peter Grenny said it is the same level of service but costing 45 percent more due to increased operating costs. Other shared mobility providers have those too. The Downtower is great but stifling small businesses and preventing a level playing field. Mr. Krueger said it is going from a tip based system to one where drivers are paid on an hourly rate. Councilman Myrin said we are speeding up the process to RFP to let others compete for this. He would like to see an RFP go out replacing low performing transit routes with this, what are they. Mr. Kruger replied it is part of the transit study. We will bring that back to council. Mainly seasonal routes like Galena Street and the cross town shuttle. Councilman Myrin said those are the highest cost per passenger. Thanks to the downtowner for adding the question for each ride. Regular Meeting Aspen City Council June 12, 2017 4 Mayor Skadron said the question is whether to expand the service areas. Councilman Myrin said if one of the potential goals is to replace the shuttles I think we should try running the downtowner where the shuttles go. Councilwoman Mullins said I think we should leave it as it is and see how the different types of services compliment each other. Councilman Frisch said we need clarity if the downtowner people think the app is wrong. They may have a different idea of what the service area is. Going from a tip to a salary, increasing the hourly wage. Are they going to do anything physically on the shuttle to let people know that tips are not encouraged. Mr. Krueger said the change won’t occur until the end of the initial contract in September. Tipping will still continue through the summer. Councilman Frisch said I still think we should keep the service where it is currently. One of the fundamental reasons we started it is it is a compliment not a competition. I want to support all the mobility options on the table. I would like to stick to the original intent of the geography. Mayor Skadron said I agreed with Bert at the work session. This is about innovative technology and a tool to tackle congestion and being socially equitable. There is a degree of being environmentally sustainable. Part of our attempt to rethink our mobility and make us more efficient. We are implementing an option that makes it easier for people to access. He will vote to expand that. Councilman Daily said it is pretty easy for me. Mobility planning is an important one that will dramatically affect the traffic in Aspen in the next five years. I know there are competitors out there who say this is in my face and not fair. We need to do what we can for traffic and this is a tried and tested experiment. He Would hope these competitors would find a way like this. Where are we in evaluating further expansion of the service area. Mr. Krueger replied we are not there yet. Until we get through the transit study we are not looking at any. Councilman Daily said he is glad you are evaluating a potential opportunity. Mayor Skadron reviewed the board appointment for the Board of Adjustment, LLA and Open Space and Trails. • Resolution #92, Series of 2017 – Development Inspection Services Change Order • Resolution #93, Series of 2017 – Contract Amendment – The Downtowner • Resolution #94, Series of 2017 – Burlingame Pump House Construction Contract _ PNCI Construction Inc. • Resolution #95, Series of 2017 – West Main Street Mobility Plan • Board Appointments • Minutes – April 24, 2017 Councilman Myrin said he would vote for alternative A, the expanded service area for the Downtowner. Councilman Daily moved to adopt Resolutions #92, 94 and 95; seconded by Councilman Frisch. All in favor, motion carried. Councilman Myrin moved to adopt Resolution #93, Series of 2017; Alternative A seconded by Councilman Daily. All in favor except Councilmembers Mullins and Frisch. Motion carried. ORDINANCE #17, SERIES OF 2017 – Local Tobacco Sales License and Minimum Purchase Age Requirement CJ Oliver, environmental health, said the ordinance raises the legal age to purchase tobacco products from 18 to 21 in Aspen. It will create a local tobacco sales license. Cigarettes have been included in that license. Aspen would forego 75,000 dollars annually in sales tax revenue. We removed all language to undercover enforcement. Regular Meeting Aspen City Council June 12, 2017 5 Kimberly Levin, Colorado board of health, told the council smoking is one of the biggest health risks. 5,100 people die in Colorado a year from smoking. Almost 90 percent of adult smokers started before the age of 18. Teens purchase cigarettes from their peers. Raising the minimum age cuts off that supply. Councilman Myrin asked is this just the City of Aspen. Ms. Levin replied it is just Aspen. Councilman Myrin asked is the county working on this. Ms. Levin replied they are. Councilman Myrin said for a consumer, the work around would be to purchase at the AABC. Councilwoman Mullins said the board of health is combined so Kim is representing the city as well as the county. Councilman Daily said I have two boys under the age of 21 and anything we can do to keep tobacco out of their hands, I’m totally in favor of. This is all about the health of our youngsters. This is one of the biggest dangers in our community. Mayor Skadron opened the public comment. 1. Jordanna Sabella said she supports the ordinance. Tobacco is the number one preventable cause of death. Raising the age decreases total youth use. She hopes we can go forth with this policy. 2. Letter from Karen Kennenman – one in five high school seniors uses tobacco products. Tobacco remains the leading causes of death. Raising the age to 21 has been shown to reduce high school smoking by 50 percent. 3. Tom Dunlop, former COA EH director. In 1985 the city passed the first no smoking ordinance. From that point Aspen became a model for clean air. He urged council to pass the ordinance. 4. Mandy Evanough, tobacco control operator for Pitkin, Eagle and Garfield counties. Fully support and applaud Aspens efforts. Retail licensing ensures retailers are operating legally and responsibly. 5. Dr. Mary Harris, Aspen Medical Care. She cares about the kids who are victims. 6. Karen Zohar, teacher at Aspen High School. She has a 17 year old daughter who is a smoker. Anything we can do to keep cigarettes out of kids hands is great. 7. Tharyn Mulberry, Aspen High School principal, said Kids receive cigarettes from proxy buyers. We need to take a stand as a community. 8. Phyllis Bronson said she couldn’t agree more. This is a great first step. Kids need to be educated more about all the cancers. 9. Cliff Weiss said he lost a brother to lung cancer. Aspen is a city of health and outdoors. He is all for passing this ordinance. He would like to see a ban altogether, outdoors and everywhere. Cigarettes should not be a part of this community. 10. Kelly Keffin said virtually no one starts smoking after the age of 26. Mayor Skadron closed the public comment. Councilwoman Mullins said she was a smoker for 30 years, but is one of the 7 percent who has been able to quit. She support anything to discourage the use of tobacco. Councilman Frisch said this is a no brainer for all the reasons stated before. For us to have a two part solution to this is to investigating some sort of city sales tax in tobacco products. The price of a pack of cigarettes is a huge deterrent rather than the age. It not only sends a message but a deterrent. Mayor Skadron said our leadership and this law contributes to lowering smoking rates in children. He will support this. Councilwoman Mullins moved to adopt Ordinance #17, Series of 2017; seconded by Councilman Daily. Roll call vote. Councilman Frisch, yes; Myrin, yes; Mullins, yes; Daily, yes; Mayor Skadron, yes. Motion carried. Regular Meeting Aspen City Council June 12, 2017 6 SWEAR IN MAYOR AND CITY COUNCIL MEMBERS Mayor Skadron said we will have a mini transition of power. He will call for an adjournment. He will employ the rarely used gavel. We will then move to swear in the mayor and new city council members. At 6:40 p.m. Councilman Daily moved to adjourn the meeting; seconded by Councilman Frisch. All in favor, motion carried. At 7:00 p.m. Mayor Skadron called the regular meeting to order with Frisch, Myrin, Hauenstein and Mullins present. CITIZENS COMMENTS 1. David Harris gave congrats to the Mayor and Ann and welcome Ward. 2. Toni Kronberg gave congrats and welcome. Thanks for the crosswalks on Mill Street. Traffic will be an issue this summer. She spoke about the Referendum collected during the offseason. Council will be talking about her court case at the executive session tonight. The city has not been served yet. She heard Linda has rejected the petition because we missed the deadline by one day. Jim True, city attorney, said he had a conversation with Ms. Kronberg today. Tara Nelson and I went and did a site visit with her to get an understanding with her concerns. She is either uninformed or intentionally misinforming people. The only conclusion I can come to is she is either misrepresenting the facts or is misinformed. This can be determined either through litigation. We will move forward on this. All I can tell you is what she told me. 3. Torre gave congrats on returning to council. Best of luck to Steve and congrats to Ward. Campaigning is not about me but the town I love. Unbelievable job to the city clerks office Linda, Nicole and Cindy. You set a very high bar. COA is an amazing leader on the environment. He would like to see designed space for recycling and waste. Affordable housing is the most pressing issue in our town. There is still work to be done supporting our current resident partners. There is still work to be done at Burlingame and Centennial. Good work is being done at APCHA. Business – look at shared use for empty spaces. Transportation – still things to do to alleviate congestion. Smart growth – building applications. Community Building – engage citizenry and the vote. Caring for aspen - 2019 renewal of healthy community fund. Firm believer if you want change you have to fight and work for it. COUNCILMEMBER COMMENTS Councilman Hauenstein invited community feedback at his city email, ward.hauenstein@cityofaspen.com or his cell phone, 618-2116. It has been a grueling five months for this process. He thanked the citizens of Aspen for hiring him. The decisions on this side of the table effect the entire town for years to come. He has a flexible mind and is willing to change decisions. He will strive to be patient, listen and courageous in making decisions. Councilman Frisch welcome Ward and congrats to Steve and Ann. He appreciates what Torre said. As far as the election thing it is shame on us for not getting as many people to vote as possible. In a transitory resort town it is a little unfair. He would like to invest some money with the county to clean up the voter roles. Councilwoman Mullins said it is great that Torre came in and gave us his list. We are all out there trying to get more voters. This was a tough election. There were personal attacks. It was very one sided. She is very honored to be back at the table. The biggest learning experience was going door to door. Regular Meeting Aspen City Council June 12, 2017 7 Councilman Myrin said there was a conversation using the golf course and cozy point for dam storage. Please send it. The turn from Hallam to N Aspen and it is not clear for the bike lane. Mayor Skadron wants to thank all those who stepped up to get involved. He encouraged anyone interested to step up and get involved. I started on the planning and zoning commission. Mr. True recommend Council go in to executive session pursuant to C.R.S. 26.402 a, b and e purchase, acquisition, lease, of real property. discuss pending litigation, Castle and Maroon Creek diligence and Marie Antoinette and North Mill Street Investors and potential litigation from Marie Antoinette as well as conference with attorney. Councilwoman Mullins moved to go in to executive session; seconded by Councilman Frisch. All in favor, motion carried. At 9:10 p.m. Councilman Frisch moved to come out of executive session; seconded by Councilwoman Mullins. All in favor, motion carried. Councilman Hauenstein moved to adjourn the meeting; seconded by Councilman Frisch. All in favor, motion carried. Linda Manning City Clerk