HomeMy WebLinkAboutminutes.council.20040308Regular Meeting Aspen City Council March 8, 2004
PROCLAMATION - Aspen History Week ............................................................ 2
CITIZEN PARTICIPATION ...................................................................................... 2
COUNCILMEMBER COMMENTS ........................................................................ 2
CONSENT CALENDAR ............................................................................................ 3
· Resolution #17, Series of 2004 - Contract Zamboni Ice Resurfacer ...................... 3
· Minutes - February 23, 2004 .................................................................................. 3
RESOLUTION #15 AND #16, SERIES OF 2004 Contract Water Plant
Hydraulic Actuators ....................................................................................................... 4
FIRST READING OF ORDINANCES ................................................................... 4
· Ordinance #6, 2004 Maroon Creek Road Annexation ......................................... 4
· Ordinance #7, 2004 Code Amendment - Deleting Joint Growth Management
Commission .................................................................................................................... 4
ORDINANCE #4, SERIES OF 2004 - Visitors' Center COWOP ................... 5
ORDINANCE #5, SERIES OF 2004 Amending Wheeler Opera House
Board of Directors .......................................................................................................... 5
0001 TOBY LANE COUNTY REFERRAL COMMENTS .............................. 6
ARC PAINTING ............................................................................................................ 6
Regular Meeting Aspen City Council March 8, 2004
Mayor Klandemd called the meeting to order at 5:00 p.m. with
Councilmembers Richards, Paulson and Torte present.
PROCLAMATION - Aspen History Week
Mayor Klanderud and Council proclaimed the week of March 15 t° 19
celebrate Aspen History Week and invited all citizens and visitors to enjoy
the many events throughout the week. Georgia Hanson, director Aspen
Historical Society, handed out schedules of the events planned for that week,
including a sneak preview of the movie "Man on the Medal" about Dick'
Durrance.
CITIZEN PARTICIPATION
1. Bill Wiener brought up a letter from the Department of Transportation
dealing with the S-curves and stating they are suppOrtive of most °fthe
access changes. Randy Ready, assistant city manager, said the city has a
coPy of that letter and it will be included as part of the MarCh 9th work
session packet.
2. Tom McCabe applauded Council for considering additional "green"
building to the Burlingame project. McCabe suggested instead of making
this a one-time effort that the city develop mechanisms to capture part of that
investment and to be able to use it for green in future housing projects.
Steve Barwick, city manager, said there are a number of ways this can be
done and if Council decides they want to recapture the investment, it can be
figured during final price setting. Mayor Klanderud suggested this be
discussed during the Burlingame RFP work session March 16th.
COUNCILMEMBER COMMENTS
1. Mayor Klanderud applauded HBO for putting on Comedyfest, which
was very successful. Volkswagen sponsored a dog sled race in Wagner
Park, which was great.
2. Mayor Klanderud noted she put in all of Council boxes a
memorandum from Phil Overeynder and a declaration of energy
independence.
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Regular Meeting Aspen City Council March 8~ 2004
3. Councilwoman Richards pointed out April 13 is the county caucuses
and Council is scheduled to go on a road trip to Vail. Steve Barwick, city
manager, said Council should be back by 7 p.m.
4. Councilman Torre said the Aspen Valley Ski and Snowboard Club
held their award picnic at Snowmass. It was a great event and it was a
successful year for the AVSSC.
5. Councilman Torre announced brown bag lunches are back and invited
citizens to come and share their ideas.
6. Councilman Torre said tomorrow night at 5 p.m. is a Council work
session on Main street pedestrian safety.
7. Councilman Paulson read an e-mail from an acquaintance in France
regarding North American politics and the importance of the upcoming
elections.
8. Steve Barwick, city manager, requested an executive session at the
end of the meeting for negotiations with counsel.
9. Councilwoman Richards reported she and Councilman Paulson
attended a regional transportation priority-setting meeting. Eagle county had
a $5 million request for a fixed guideway system from Denver.
CounCilwoman Richards said the Maroon Creek bridge rated as the single
highest Priority in the region.
CONSENT CALENDAR
Mayor Klanderud requested Resolutions 15 and 16 Water Plant Hydraulic
Actuator Contract be pulled.
Councilwoman Richards moved to adopt the consent calendar as amended;
seconded by Councilman Paulson. The consent calendar is:
· Resolution #17, Series of 2004 - Contract Zamboni Ice Resurfacer
· Minutes February 23, 2004
All in favor, motion carried.
Regular Meeting Aspen City Council March 8, 2004
RESOLUTION #15 AND #16, SERIES OF 2004 - Contract Water Plant
Hydraulic Actuators
Mayor Klanderud noted the contract price increased more than twice. Phil
Overeynder, water department, told Council this is to replace the original
1966 equipment. Staff did not have a track record on this type of
replacement cost. This is for the process control equipment, which makes
the plant operate. Overeynder said this will cost about $360,000 and
$120,000 was appropriated. The water department does have savings from
other projects, which will be put into this project.
Mayor Klanderud moved to approve Resolutions #15 and 16, Series of 2004;
seconded by Councilman Torre. All in favor, motion carded.
FIRST READING OF ORDINANCES
· Ordinance #6, 2004 Maroon Creek Road Annexation
· Ordinance #7, 2004 Code Amendment Deleting Joint Growth
Management Commission
Councilwoman Richards moved to read Ordinances 6 and 7, Series of 2004;
seconded by Councilman Torre. All in favor, motion carried.
ORDINANCE NO. 6
(Series of 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE ANNEXATION OF CERTAIN
TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN
AND DESIGNATED AS THE "MAROON CREEK ROAD ISELIN TO
HIGHLANDS" ANNEXATION
ORDINANCE NO. 7
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING AMENDMENTS TO CHAPTER 26.470 THE GROWTH
MANAGEMENT QUOTA SYSTEM; CHAPTER 26.226 - GROWTH
MANAGEMENT COMMISSION; AND SECTION 26.104.100
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Regular Meeting Aspen City Council March 8, 2004
DEFINITIONS TO ELIMINATE THE JOINT CITY/COUNTY GROWTH
MANAGEMENT COMMISSION AND REASSIGN ASSOCIATED
REVIEW AUTHORITIES TO THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION
Councilman Paulson moved to adopt ordinance #6, Series of 2004, on first
reading; seconded by Councilman Torre.
Councilman Torre asked why staff is recommending against this annexation.
Steve Barwick, city manager, said the previous Council decided only to annex
to the end of the Recreation Center; that the city was not interested in picking
up the maintenance for that portion of the road. Barwick said it does not seem
prudent to be taking on expenses with no additional revenues. Councilwoman
Richards said for second reading she would like to see the revenues presented
during the Aspen Highlands annexation and the actual sales tax. This might
show no gain in revenues. Mayor Klanderud agreed there may be substantial
structural costs associated with this portion of the road.
Roll call vote; Councilmembers Paulson, yes; Torre, yes; Richards, yes;
Mayor Klanderud, yes. Motion carded.
Councilman Paulson moved to adopt Ordinance #7, Series of 2004, on first
reading; seconded by Councilman Torre. Roll call vote; Councilmembers
Torre, yes; Richards, yes; Paulson, yes; Mayor Klanderud, yes. Motion
carded.
ORDINANCE #4, SERIES OF 2004 - Visitors' Center COWOP
Councilman Torre moved to continue Ordinance #4, Series of 2004, to April
12, 2004; seconded bv Councilwoman Richards. All in favor, motion
carried.
ORDINANCE #5, SERIES OF 2004 Amending Wheeler Opera House
Board of Directors
Randy Ready, assistant city manager, said this ordinance clarifies the powers
and duties of the Board and makes it clear this is a policy recommending
board. The ordinance also expands the membership to include a youth
representative and a dance representative. The number of directors will
increase from 7 to 9 and the quorum goes from 4 to 5.
Regular Meeting Aspen City Council March 8~ 2004
Mayor Klanderud opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
Councilwoman Richards moved to adopt Ordinance #5, Series of 2004, on
second reading; seconded by Councilman Paulson. Roll call vote;
Councilmembers Richards, yes; Paulson, yes; Torre, yes; Mayor Klanderud,
yes. Motion carried.
0001 TOBY LANE COUNTY REFERRAL COMMENTS
Joyce Allgaier, community development department, told Council this
application received 1041 approval from the county. This proposal is for a
15,000 square foot house adjacent to Aspen. Ms. Allgaier noted only 9,000
square feet will be above ground. Mayor Klanderud said there is no
allegation of abuse of discretion and no reason for Council to be reviewing
this application.
Terry Butler read a letter from Bonnie Eubanks stating they have spent over
4 years planning this home to preserve the natural beauty and to enhance the
community character of this site. The Eubanks have responded to all
requests made by the County to diminish the visible impacts of this house,
including limiting above grade to 9252 square feet and limiting over 80% of
the roof height to less than 25 feet. Ms. Eubanks requested Council find
that the city does not have an interest in appealing this decision.
Councilwoman Richards said this might not be what the city would prefer to
see at this location; however, it is according to the zoning allowed in the
county. Mayor Klanderud said Council' has no grounds for an appeal and
does not support one.
ARC PAINTING
Steve Bossart, asset management, told Council shortly after opening the new
recreation center, rust started to appear on the steel structures. Staff did an
investigation and found that the architects had specified the wrong paint
coating system. Bossart said the investigation determined the pool architect
forwarded the correct specification to the architect of record and it did not
get into the specifications. Bossart reminded Council the city is in
discussions with the architect of record over a number of issues. Spot rust is
appearing, especially in areas with more moisture, like the slide stairway.
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Regular Meeting Aspen City Council March 8, 2004
Bossart told Council the architect of record wanted an expert to look at this.
The city agreed to split the cost for the consultant. KTA-Tator, consultants
in coatings and erosions, came in took samples, looked at the specifications
and the specifications as it was supposed to be written. KTA-Tator came to
the same conclusions as the staff. Their report states every bit of paint needs
to be stripped from steel in the natatorium in the ARC, cleaned with a
blasting medium and left in a white level state. Then a particular primer,
then two coats of epoxy paint need be applied. That is the only thing to
protect the paint long term. Bossart said staff and KTA-Tator looked at
other options and did not find any acceptable options. Bossart said KTA-
Tator will write the specifications for this job and will help in the selection
of a contractor, wilt monitor the cleaning and coating of the existing
surfaces. This is a long process. Bossart told Council the attorney for the
city in the discussions with the architect of record said the city has an
obligation to mitigate the damage as soon as possible. This has been part of
the claim against that architect but it is coming forward separately because it
needs to be corrected. John Worcester, city attorney, said a party who
claims damage and the damage is on going and getting worse has an
obligation to mitigate those damages.
Councilwoman Richards asked how this would be financed. Steve Barwick,
city manager, said this is coming out of the city's budget for now. The city
may receive moneys back from the lawsuit including money to cover
revenue while the pool is shut down for 8 weeks. Barwick said there is
about $450,000 in fund balance in the general fund and this will use all of
that. Barwick said the city may have to dip into reserves to cover this and
other items Council wants to fund.
Councilman Paulson asked about the proposed sound barriers. Bossart said
sound barriers will take a week to put up, then they will have to be taken
down to do this work. Staff is recommending waiting until the stripping and
painting occur to put up the sound barriers. Councilwoman Richards
suggested working with the environmental health department to make sure
there are no dust issues. During the summer for swim meets, the windows
can be open, which will lessen the sound and other impacts.
Councilman Torre said this is very disappointing. Councilman Torre asked
about doing this work this spring versus this fall. Bossart said it will take
time to get the specs written, bids taken and a contractor chosen. Bossart
Regular Meeting Aspen City Council March 8, 2004
said the project will not be ready to go by the spring season. Also the space
needs to be as dry as possible, which will be easier to accomplish in the fall.
Councilman Paulson moved to go into executive session at 6:08 p.m.
pursuant to C.R.S. 24-6-402(4)(e) for guidance from the city attorney on
negotiations; seconded by Councilwoman Richards. All in favor, motion
carried.
Councilwoman Richards moved to come out of executive session at 6:25
p.m.; seconded by Councilman Torre. All in favor, motion carried.
CounCilman Torre moved to adjourn at 6:25 p.m.; seconded by
Councilwoman Richards. All in favor, m~
Kath~'S.-Koc'h,-C'ity Clerk