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HomeMy WebLinkAboutminutes.council.20040510Regular Meeting Aspen City Council May 10, 200,f PROCLAMATION ArborDay ............................................................................... 2 CITIZEN COMMENTS ............................................................. 2 COUNCILMEMBER COMMENTS ........... CONSENT CALENDAR · Housing Board Appointment - Kristin Sabel ......................................................... 3 · Resolution #39, 2004 - Contract - Mower Golf Department ................................. 3 · Resolution #40, 2004 - Contract - Fleet Replacement ........................................... 3 · Resolution #42, 2004 - Contract Water Quality Instrumentation Replacement .... 3 · Minutes-April 12, 19, 2004 .................................................................................. 3 RESOLUTION #41, 2004 - Contract - Sound Baffling in the ARC Pool Area .................................................. RESOLUTION #43, 2004 - 1/2 Cent Transit Tax Expenditure .......................... 3 FIRST READING OF ORDINANCES · Ordinance # 14, 2004 - Supplemental Appropriation ............................................. 4 · Ordinance #15, 2004 -Parking Garage Bonds ....................................................... 4 RESOLUTION #44, SERIES OF 2004 Obermeyer Place Amendment COWOP Eligibility Review ............................................... i ........................................ 5 ORDINANCE # 12, SERIES OF 2004 - Code Amendment Yield to Buses.. 6 RESOLUTION#45, SERIES OF 2004 Contract and Budget Request for Business Plan for Utilities ............................................................................................ 6 RESOLUTION #46, SERIES OF 2004- Contract Cooling System 300 Level of the ARC ............................................ REQUEST FOR FUNDS - CCLC ................................. ........................................... 7 REQUEST FOR FUNDS - Donation to Max Marolt Sculpture ..................... 10 _ASPEN CHAMB ER RESORT ASSOCIATION - Car Placement and Banners on Main Street ..................... Regular Meeting Aspen City Council May_ 10~ 200,1 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torte, Paulson, Richards and Semrau present. PROCLAMATION - Arbor Day Mayor and Council proclaimed May 15 as Arbor Day in the City of Aspen and urged all citizens to support efforts to care for Aspen's trees and woodlands and to support the city's forestry program. Council presented the proclamation to Aaron. Reed, parks department. CITIZEN COMMENTS 1. Sy Coleman said the town of Carbondale has been asked to make a statement regarding the reneWal of the Patriot Act. Coleman said many cities are taking a stand against the renewal of this act. coUncil directed Coleman to bring this to the May 11 th 4 p.m. work session. 2. Toni Kronberg noted the recycle center is dangerous for cars exiting; they cannot see around the modular units. Dwayne Romero, representing Obermeyer, said this is good feedback; he will look at the setup and see what he can do to remedy it. Ms. Kronberg asked if the recent donation of the building for the visitor center would affect the referendum petition. John Worcester, city attorney, stated staff does not make that determination until the petition is turned in. Ms. Kronberg asked that Resolution #41, Series of 2004, Sound Baffling at the ARC, be taken off the consent calendar. 3. Emzy Veazy said the airport that services Aspen may become obsolete in 20 years. The city should try and create an airport authority with Rifle and Eagle. COUNCILMEMBER COMMENTS 1. Councilman Paulson requested Resolution #43, Series of 2004, ½ Cent Transit Tax Expenditure be pulled from the consent calendar. CONSENT CALENDAR Councilwoman Richards moved to approve the consent calendar as amended} seconded by Councilman Semrau. The consent calendar is: Regular Meeting Aspen City Council · Housing Board Appointment - Kristin Sabel May 10, 200~1 Resolution #39, 2004 - Contract- Mower Golf Department Resolution #40, 2004 - Contract - Fleet Replacement Resolution #42, 2004 - Contract Water Quality Instrumentation Replacement Minutes - April 12, 19, 2004 All in favor, motion carried. RESOLUTION #41, 2004 - Contract - Sound Baffling in the ARC Pool Area Toni Kronberg said there is an RFP for a pool consultant to do a business plan and to look at the pool facility. Ms. Kronberg asked what would happen if the consultant recommends a new roof rather than sound baffling. Tim Anderson, recreation director, told Council the ARC advisory committee recommended moving forward with this contract. The business plan is more operational issues. Anderson said the sound baffling would not impact the business plan. Anderson told Council the insurance company also recommends moving forward with the sound baffling. Councilman Semrau moved to approve Resolution #41, Series of 2004; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #43~ 2004 - ½ Cent Transit Tax Expenditure Councilman Paulson said it seems premature to approve these funds. There is a retreat with RFTA in 10 days when this could be discussed. Councilman Paulson noted there is no upper valley representative on this group and no one representing rail. Councilman Paulson said this is an inappropriate expenditure until RFTA decides in what direction they are going. Mayor Klanderud noted the director of the organization receiving these funds is a down valley elected official. Mayor Klanderud said she has concerns about possible conflicts. Mayor Klanderud said she assumes the make up of the board can be changed. 3 Regular Meeting Aspen City Council May 10~ 2004 Councilwoman Richards moved to approve Resolution #43, Series of 2004; seconded bv Councilman Semrau. All in favor, with the exception of Councilman Paulson and Mayor Klanderud. Motion carded. FIRST READING OF ORDINANCES · Ordinance #14, 2004 Supplemental Appropriation · Ordinance # 15, 2004 - Parking Garage Bonds Councilman Semrau moved to read Ordinances #14 and 15, Series of 2004; seconded by Councilman Torre. All in favor, motion carded. ORDINANCE NO. 14 (Series of 2004) AN ORDINANCE APPROPRIATING AN INCREASE IN GENERAL FUND EXPENDITURES OF $105,170, AN INCREASE IN THE PARKS FUND OF $183,310, AN INCREASE IN THE WHEELER FUND OF $569,804, AN INCREASE IN THE PARKING IMPROVEMENT FUND OF $900,336, AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF $9,015,284, AN INCREASE IN THE ~DS'FIRST FUND OF $40,000, AN INCREASE IN THE PARKS CAPITHL FUND OF $2,247,337, AN INCREASE IN THE CAPITAL PROJECTS FUND OF $226,115, AN INC~ASE 1N THE WATER FUND OF $470,283, AN INCREASE IN THE ELECTRIC FUND' OF $143,933, AN INCREASE IN THE RUEDI FUND OF $90,157, AN INCREASE IN THE TRANSPORTATION FUND OF $903,843, AN INCREASE IN THE GOLF FUND OF $138,071, AND AN INCREASE IN THE HOUSING AUTHORITY F~ OF $10,425. ORDINANCE NO. 15 (SERIES OF 2004) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO APPROVING, IN ORDER TO EFFECTUATE THE .REFUNDING OF THE CITY'S CERTIFICATES OF PARTICIPATION, SERIES 1995, THE LEASE OF CERTAIN LAND; AUTHORIZING AND APPROVING A 4 Regular Meeting Aspen City Council May 10~ 200,f GROUND LEASE, A LEASE PURCHASE AGREEMENT, A MORTGAGE AND INDENTURE OF TRUST, AN ESCROW AGREEMENT, AN OFFICIAL STATEMENT AND OTHER DOCUMENTATION RELATING TO SUCH REFUNDING; DELEGATING THE AUTHORITY TO THE CITY'S FINANCE DIRECTOR TO DETERMINE CERTAIN PROVISIONS OF THE REFUNDING CERTIFICATES OF PARTICIPATION, SERIES 2004; PROVIDING OTHER DETAILS IN CONNECTION WITH SUCH LEASE-PURCHASE FINANCING; AND DECLARING AN EMERGENCY Councilwoman Richards moved to adopt Ordinances #14 and 15, Series of 2004, on first reading; seconded bv Councilman Paulson. Roll call vote; Councilmembers Semrau, yes; RiChards, Yes; Paulson, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #44, SERIES OF 2004 - Obermeyer Place Amendment COWOP Eligibility Review Julie Ann Woods, community development department, reminded Council they approved this project last year. It was approved with 9,000 square feet of medical offices. Since that approval the Aspen Valley Hospital has pulled out of that space. The applicant is requesting a substantial amendment to this approval in order to cover the 9,000 square feet. This resolution will reconstitute the Obermeyer COWOP and move the project forward. Ms. Woods said this amendment is eligible for the COWOP process and the recommended task force will be made up of previous members, wherever possible. The first COWOP meeting is scheduled for May 17 at 1 p.m. Council needs to appoint two members. Former Council Tom McCabe indicated he is willing to sit on the task force. Dwayne Romero, representing Obermeyer, said this project has been designed and commitments made to the overall footprint, which makes it difficult to remove the 9,000 square feet from the project. Romero reminded Council the free market units were the economic driver for the project in order to keep the S/C/I businesses. Romero requested the 9,000 square feet with a medical office overlay be allowed to change uses to residential or some other uses. Romero said their commitment is to keep the balance of the S/C/I and the promises made to the community and to keep the ratio of 1 to 1 housing, free market to affordable. Regular Meeting Aspen City Council May 10t 200,1 Mayor Klanderud opened the public hearing. Toni Kronberg said she respected the COWOP process. Ms. Kronberg said she hopes the COWOP group makes sure the industry factor is fair and balanced. Mayor Klanderud closed the public hearing. Councilwoman Richards said she would like the list of minor amendments to this project submitted to Council and to the COWOP. Councilwoman Richards said she would like a staff review of consistency with all stated goals of the COWOP. Councilwoman Richards said she would like a comparison of rent potential for medical offices versus approved S/C/I uses. Councilman Semrau moved to approve Resolution #44, Series of 2004, and to appoint Councilman Torre and Mayor Klanderud to the COWOP and to include a representative of the housing board; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #12, SERIES OF 2004 Code Amendment Yield to Buses John Kruger, transportation department, noted this code amendment requires cars traveling in the same direction yield to buses entering traffic. Loren Ryerson, chief of police, said this takes away the question of who has the right-of-way. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Paulson moved to adopt Ordinance #12, Series of 2004, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Torre, yes; Paulson, yes; Richards, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #45~ SERIES OF 2004 - Contract and Budget Request for Business Plan for Utilities Phil Overeynder, water department director, told Council the city last updated their water and electric rates in 1987 and 1992. This request is to 6 Regular Meeting Aspen City Council May 10, 200d fund and to approve a contract to hire a consultant to propose water and electric rates. Overeynder told Council the city's water rates are complex and the electric rates are simple. Overeynder said he hopes these will become more balanced. This business plan will also look at incentives to conserve water and electricity; financing for conservation programs; increasing the ability to satisfy in-stream flow requirements; increasing the percentage of renewable energy, and expanding the ability to get through drought years. Overeynder pointed out there is a contingency in the budget for the consultant to hold customer meetings to explain the different rate structures. Overeynder said the scope of work also includes looking through the AMP to make sure all capital expenditures are defined and provided for. Councilman Paulson moved to approve Resolution #45, Series of 2004; seconded by Councilman Semrau. All in favor, motion carried. RESOLUTION #46, SERIES OF 200A - Contract Cooling System 300 Level of the ARC Tim Anderson, recreation director, told Council staff worked with an independent contractor to make sure all mechanical systems were installed and operating per specifications. Anderson said the system they first looked at did not meet the city's noise ordinance. Anderson told Council there is an amended contract as there are time constraints. Anderson said his scope of work to the contractor is for a design build. The amended contract not to exceed price is $91,700 Anderson said this air-handling unit will serve the Youth Center, fitness room and office space behind the counter. The money for this will come out of the ARC capital fund, which has about $133,000 in it. Councilwoman Richards said it is important to get this facility running correctly. Councilman Semrau agreed this should be fixed. Councilwoman Richards moved to approve Resolution #46, Series of 2004, with the adjusted price of $91,700; seconded by Councilman Semrau. All in favor, motion carried. ,REQUEST FOR FUNDS - CCLC Charles Kennedy, CCLC, requested $40,000 to fund 3 events; $15,000 for Aspen Goes Bazaar, $5,000 for Sunday night at the movies in Wagner Park, and $20,000 for Friday Night come to town. Kennedy said a lot of this work will be done through the downtown catalyst and the CCLC. Kennedy Regular Meeting Aspen Ci,ty Council May 10, 200~1 said the CCLC would like an indication of support and money from Council before a lot of volunteer time is put into these programs. Mayor Klanderud said the downtown catalyst is not intended to be a special event coordinator. Kennedy said if the CCLC gets the funding, they would carry out the events. Councilman Semrau said there are a lot of unanswered questions on the movies and Friday nights, like how many nights and what will the budget buy. Mayor Klanderud said a committee was formed in January of manv entities who sponsor and who put on special events. Mayor Klanderud said these type of ideas should be taken to that committee. The downtown catalyst is forming relationships with businesses to find out what they need, what they are interested in, what would help them. Mayor Klanderud said she hopes Aspen Goes Bazaar will happen again this year. Mayor Klanderud noted Sunday night at the movies competes with the local movie theatres and also competes with Aspen Highlands movie nights. There are Sunday night movies at the Paepcke during the summer. . Steve Barwick, city manager, said the job description for the downtown catalyst does not cover special events; however, it is part of her job to ascertain what the business community thinks are good ideas. Councilman Semrau said the Friday night come to town seems to be an intriguing idea. Councilman Semrau said he would like more information on Sunday night at the movies. Councilwoman Richards agreed this is premature. Councilwoman Richards said she would support Aspen Goes Bazaar and give $5,000 as seed money. Councilwoman Richards said she is concerned about competing with local theatres. Councilwoman Richards said she would like to know what the parks department has to say about using Wagner park every Sunday and what the surrounding lodges and residences think about having movies in the park. Councilwoman Richards said she would like to know the target audience for these activities. Friday come to town and Sunday night movies compete with activities already taking place. Employees tend to leave town on Fridays and not return until Monday. Mayor Klanderud said she would like these ideas taken to the special event super committee for their input and how these events fit into the community. Councilman Semrau said it is important to sustain the excitement of the summer. Councilwoman Richards said if Council approves a $40,000 expenditure for the summer, what money would be left for winter events and how much is left for other events. Mayor Klanderud said CCLC is not a special event group; they are very valuable in working with the downtown Regular Meeting Aspen City Council May 10, 200~! catalyst and with the super group. Mayor Klanderud said she would like to hear what the business community thinks about these proposals. Councilman Torre said he supports Aspen Goes Bazaar, Councilman Torre questioned who is supposed to be doing programming for the downtown. Councilman Torre said he feels this is part of the charge to CCLC. Councilman Paulson said he appreciates CCLC coming forward and he would like to give them the entire $40,000 for their events. Councilman Paulson said the more events going on, the better for the visitor. Someone needs to get planning on events for this summer. Councilwoman Richards moved to support $5,000 grant to Aspen Goes Bazaar to help tie up other contributions; seconded by Mayor Klanderud. Councilman Semrau said he would rather consider the other two events first. Councilwoman Richards said Council has supported the CCLC bringing forward ideas for events on a case-by-case basis. All in favor, with the exception of Councilmembers Torre and Paulson. Motion carded. Councilman Paulson moved to support the other ideas and have CCLC come back in two weeks with more specifics. Mayor Klanderud said she would like the CCLC to meet with Highlands and brainstorm on events that do not conflict With the Friday nights or their movie nights. Mayor Klanderud said Snowmass also has movies. Highlands is part of the city and they have something unique with their movies. Councilman Semrau said this is multiplying the tourist time pie rather than competing. Councilman Semrau said he supports the other suggestions and would CCLC go to the super committee and flush out these suggestions. Councilwoman Richards said she would prefer not to mirror events already happening in Highlands or in Snowmass. Councilwoman Richards said there are so many non-profit activities going on and Friday nights are very busy. Councilwoman Richards suggested looking at a weeknight. Councilwoman Richards said she would like to know the additional costs for movies at Wagner park. Councilwoman Richards said the city tried Friday Afternoon Club, which competed 'with happy hours at local restaurants. Regular Meeting Aspen City Council May 10, 2004 Mayor Klanderud said she wants to see more coordination for events throughout the community. Mayor Klanderud said Council does not know what else may come up. .REQUEST FOR FUNDS - DOnation lo Max Marolt Sculpture Mike Marolt said Max was Aspen's first Olympian; he was a 4th generation Aspenite; he grew up here and loved Aspen with his heart and soul. Marolt loved skiing and the lifestyle of a resort. Marolt served the community on the City Council and the County Commissioners as well as numerous committees. Mike Marolt requested $5,000 toward a memorial for Max, which will be a bronze statue, the location is not yet known. Councilman Paulson supported this request. Councilwoman Richards said she is not sure about $5,000 contribution. There are many, many citizens that could have requests like this. Councilwoman Richards said she is concerned about the precedent. Mayor Klanderud said being a 4th generation Aspenite, Aspen's first Olympian and on the Council and Commission would make it difficult for other people to match. Councilman Semrau said he feels Max Marolt represents the epitome of a local hero. Councilman Paulson moved to support the request for $5,000 for a statue of Max Marolt; seconded by Councilman Semrau. All in favor, with the exception of Councilman Torre. Motion carried. ASPEN CHAMBER RESORT ASSOCIATION - Car Placement and Banners on Main Street Hana Pevny, ACRA, said in order to enlist sponsors for several summer events, they would like approval for cars in the mall for Food & Wine, 4th of July and the arts festival. Ms. Pevny said this could generate funds to go back into other summer events. Council agreed they are not interested in allowing cars on the mall. Staffnoted there is a policy to allow cars associated with sponsors and events to park at various places around the city. The policy allows for small signs, display only during the event and not overnight, and approval by the parking department. Ms. Pevny requested these cars be allowed to be on a platform of about 18 inches and that they be lighted. Council suggested since these two requests are outside city policy, this be reviewed by CCLC. Councilmembers Semrau, Richards and Mayor Klanderud supported the platform and lighting, if approved by the CCLC. 10 Regular Meeting Aspen City Council May 10, 200~1 Ms. Pevny told Council the Food & Wine event has been approved for banners in the commercial core. They request Council approve banners on the Main street light poles. The adopted policy is for significant anniversaries of local events, 25, 50, 100 and events of national significance. Ms. Pevny noted there have been exceptions set for the X-games and for World Cup. Ms. Pevny noted Food & Wine contributes $21 million to the local economy and ACRA would like to honor that by having banners on Main street. Councilwoman Richards said she would like to see the banner policy changed rather than have piecemeal approvals. Mayor Klanderud agreed this is a larger discUssion. John Worcester, city attorney, warned Council they are getting closer to designating light poles as a public forum. Councilwoman Richards said she would like the policy to be amended to allow banners for annual events that support the community. Councilwoman Richards moved to approve banners on light poles on Main Street for Food & Wine; seconded by Mayor Klanderud. All in favor, motion carried. CoUncilman Torre moved to adjourn at 7:45 p.m.; seconded by Councilman Semrau. All in favor, motion carried. Katnt~n S. Koch', City Clerk 11