HomeMy WebLinkAboutminutes.council.20040712Aspen City Council ~ Regular Meeting 'July 12,'2004
CITIZEN COMMENTS ............................................................................................... 2
COUNCILMEMBER COMMENTS .............................. : ......................................... 2
CONSENT CALENDAR .............................. :..'. .......................................................... 4
· Request for Funds - Community Picnic ................................................................. 4
· Resolution #65, 2004 - Contract - Parks Department Skid Loader ....................... 4
· Minutes - June 14, 28, 2004 ................................................................................... 4
RESOLUTION #64, 2004 Contract Police Vehicles ..................................... 4
RESOLUTION #66, 2004 Contract- Turner, Collie Braden S-Curve
Improvements Design and Budget Request ............................................................ 5
RESOLUTION #48, SERIES OF 2004 - Aspen Highlands Village PUD
Finding of Compliance with Subdivision Approval ............................................. 6
ORDINANCE #24, SERIES OF 2004 - Code Amendment Liquor Licenses 6
RESOLUTION #69, SERIES OF 2004 - Visitor Center Referendum Repeal
Ordinance #4, 2004..:.: ................... ................................................. ..... ~ ........................... 7
RESOLUTION #67, SERIES OF 2004 Schedule Special Election .............. 8
RESOLUTION #68, SERIES OF 2004 Visitor Center Ballot Question ...... 8
RESOLUTION #70, SERIES OF 2004 - Contract to Study Synthetic
Surface Sports Field at Rio Grande ........................................................................... 8
WEST HOPKINS TRAIL ............................................................................................ 9
OPPOSING CONSTITUTIONAL AMENDMENT ON SAME SEX
MARRAIGE S ............................................................................................................... 10
Aspen City Council Regular Meeting July 12~ 2004
Mayor Klanderud called the meeting to order at 5:00 p.m. with
Councilmembers Paulson, Semrau, Torre and Richards present.
CITIZEN COMMENTS
1. Les Holst thanked Council for the RFTA vote for saving the railroad
and the ties. Holst said this may be the only time the entire communitv can
get together on one issue. This community can made a difference and it has
to start with rapid transit.
2. Trisha McKenzie said Grassroots rearranged their scheduled and
Wednesday evening from 5:30 to 6:30 will be taping for the local state of
mind. This will be done every Wednesday and every week will be a
different topic. Ms. McKenzie said this week will citizens will be deciding
what topics they would like discussed for the next 4 months.
3. Emzy Veazy suggested Council enact an ordinance to prohibit grocery
carts from being taken off market property. People take these carts and
leave them all over town. Veazy said this might help solve the visual
problem in this resort community,
4. Si Coleman thanked the McBride family for sponsoring the State of
the World conference. The speakers were good choices and there was a lot
of excitement at the conference.
5. Toni Kronberg requested Resolution #66 be pulled from the consent
calendar. Ms. Kronberg announced Wednesday, July 14 at 5:00 p.m. at the
Rio Grande meeting room is a public meeting with the consultants who are
doing the business plan for the Recreation Center. All the stakeholders have
been invited. Ms. Kronberg encouraged representatives from swimming
nd
groups to attend this meeting. July 22 at 11 a.m. is a civic master plan
meeting with the primary focus of what to do with the library park plaza.
COUNCILMEMBER COMMENTS
1. Mayor Klanderud noted she gave Council copies of the RFTA CEO
report as well as the offer of $900,000 for the rail tracks. Mayor Klanderud
told Council she along with RFTA representatives and County
Commissioner Dorothea Farris went to the Garfield County Commissioner
meeting this morning to urge them to put the transportation IGA and the .4-
Aspen Ci,ty Council Regular Meeting July 12, 2004
cent sales tax on the ballot. The Garfield County Commissioners voted 2 to
1 to put this on the November ballot.
2. Mayor Klanderud urged everyone to participate in or to attend the
Race for the Cure Saturday, July 17th.
3. Councilman Torre thanked Trish McKenzie for putting together the
discussions on democracy. Councilman Torre applauded Rob Ittner and the
Colorado Restaurant Association for the Taste of Aspen. It was an amazing
event for its first year.
4. CoUncilman Torre announced Thursday, July 15th from 5 to 8 p.m. is a
reception at the Red Brick with open galleries and an auction.
5. Councilman Torre noted the chairs and tables in the mall look great
and people are moving them around and experimenting.
6. Councilwoman Richards requested Council go on record by adopting
a resolution opposing the constitutional amendment against same sex
marriages. Councilwoman Richards said Aspen has a proud tradition of
offering equal protection to all its citizens. Councilwoman Richards noted
the Colorado delegation is a sponsor of this amendment and she would like
them to know thev do not speak for all Coloradoans. Council agreed to add
this at the end of the meeting.
7. Councilman Torre announced he is meeting tomorrow with John
Worcester, city attorney, to discuss how to amend the state liquor laws.
Councilman Torre said he will update Council at tomorrow's work session.
8. Mayor Klanderud said the ACRA marketing committee may request a
½ cent sales tax for marketing be put on the November ballot. The
marketing committee is meeting this week to flush out an ordinance, drafting
the question and the time lines for the November election. Councilwoman
Richards suggested a work session with the marketing committee. There are
many issues, like using up the last available portion of sales tax and there
may be other more pressing needs for sales tax.
9. Councilwoman Richards stated she attended the NW Colorado
Council of Governments second homeowners study update last week.
are copies of the NWCCOG report on their website. Councilwoman
There
Aspen City Council Regular Meeting July 12, 2004
Richards noted many resort communities are dependent on sales tax to pay
for services and there is declining sales tax with increased second
homeowners.
CONSENT CALENDAR
Councilman Paulson removed Resolution #64, Series of 2004, Contract for
POlice Vehicles. Councilman Torre removed Resolution #66, Series of
2004, Contract for S-Curve improvements.
Councilman Torre moved to approve the consent calendar as amended;
seconded by Councilman Paulson. The consent calendar is:
· Request for Funds Community Picnic'
· Resolution #65, 2004 - Contract - Parks Department Skid Loader
· Minutes June 14, 28, 2004
Councilwoman Richards said she would like to have a broader discussion on
the community picnic in the future because the expenses keep going up.
Councilwoman Richards noted the Town of Snowmass Village has a potluck
community picnic. Councilwoman Richards said $12,000 seems pretty
expensive and she would rather look into some other community activities
for that price.
All in favor, motion carried.
RESOLUTION #64, 2004 - Contract Police Vehicles
Councilman Semrau asked if staff considered the new hybrid vehicles.
Richard Pryor, police department, told Council research done by staff
indicated these cars will not be available until next year and there is already
a backlog. Councilman Semrau said he would like to have a report from
staff confirming this. Councilman Paulson stated he does not support this
because the size of these proposed vehicles presents the wrong image for
Aspen. Councilman Semrau said he would prefer to wait 6 to 12 months to
get a hybrid vehicle. Pryor notedthat police departments cannot use many
cars because all the necessary equipment cannot fit in them. Pryor said the
Aspen City Council Regular Meeting July 12, 2004
electric system in the hybrid vehicles is not robust enough to run lights,
sirens, radar, etc.
Councilman Semrau asked about zero emissions upgrade. Councilman
Paulson said the Saabs have served this community very well and asked why
four-wheel drive vehicles are needed. Pryor told Council the size of the
Saabs is restrictive. Also they are required to exchange the vehicles every
18 to 24 months. It takes about $20,000 to install all required equipment.
The cars will be kept 5 years and it will save money. Pryor noted four-
wheel drive vehicles have a higher clearance and will store all the necessary
equipment more safely.
Pryor told Council the lease is up on the administrative police cars and this
lease is to replace those. Councilman Semrau said he would feel more
comfortable getting more research from staff because this is a 5-year lease.
Randy Ready, assistant city manager, told Council neither Toyota nor Ford
was willing to bid on these. Pryor said staff contacted Volvo and they were
not interested in bidding. Councilwoman Richards suggested continuing this
item; ask the staff for more research and also go further up the corporate
ladder to see if some manufacturers are interested in supplying police cars
for Aspen. Councilwoman Richards said she would like more justification
for moving to cars as large as the Durango. Councilwoman Richards
questioned the need for vehicles as large as the Durango for administrative
vehicles. Mayor Klanderud said she would like staff to make it clear what
has been investigated.
Councilman Semrau moved to continue Resolution #64, Series of 2004, to
July 26; seconded by Councilman Paulson. All in favor, motion carried.
RESOLUTION #66, 2004 - Contract Turner, Collie Braden S-Curve
Improvements Design and Budget Request
Councilman Torre said he is interested in the S-curve improvements moving
forward and would like the scope of work amended to address the transit
lanes on Main street and through the S-curves during peak times.
Councilman Torre said he would like the 3 or 4-lanes looked at in order to
move mass transportation through the S-curves. Randy Ready, assistant
city manager, told Council the S-curve task force gave consideration to that -
option and there is material on that option. Ready pointed out that option
would necessitate the left turn to the Meadows from up Valley being
Aspen City Council Regular Meeting July 12, 2004
eliminated. The task force did not want to eliminate that mm. · The task
force said the left mm bay was needed. Councilman Torre said the
outbound transportation lane is espeCially important which a one inbound
lane at 7th and Main could effect.
Councilman Paulson noted there is a work session on transportation August
3rd. Councilman Paulson said if the community makes a commitment to
control traffic on their terms, the S-curves may not be the right
recommendation. Mayor Klanderud said Council agreed at the last work
session to move ahead with S-curve improvements. If Council does not
want to proceed, they should decide now. Councilwoman Richards stated
she is willing to support this contract as the work is incremental, it is getting
the background work done to request approval of changes from CDOT.
Councilwoman Richards said the city should not stop working on
improvements in this area. Councilwoman Richards said when this research
work is done, Council can decide which improvements to actually put into
effect. Councilwoman Richards said she sees this as a series of incremental
steps and steps that can be built on in the future. Councilman Semrau
reminded Council they previously agreed to make any improvements
possible to this area. Toni Kronberg said she is pleased to see that public
open houses are part of this contract.
Councilman Semrau moved to approve Resolution #66, Series of 2004;
seconded by Councilman Paulson. All in favor, motion carded.
RESOLUTION #48, SERIES OF 2004 - Aspen Highlands Village PUD
Finding of Compliance with Subdivision Approval
Councilwoman Richards moved to continue Resolution #48, Series of 2004,
to July 26; seconded by Councilman Torre. All in favor, motion carried.
ORDINANCE #24, SERIES OF 2004 - Code Amendment Liquor
Licenses
John Worcester, city attorney, told Council this ordinance adopts to the
city's code changes adopted by the state. These changes include allowing
tastings to be conducted by retail liquor stores and allowing patrons to reseal
and take home open bottles of wine.
Aspen Ci,ty Council ~ Regular Meeting July 12~ 2004
Mayor Klanderud opened the public hearing. There were no comments.
Mayor Klanderud closed the public hearing.
Councilman Torre moved to adopt' Ordinance #24, Series of 2004, on second
reading; seconded by Councilman Semrau. Roll call vote; Councilmembers
Paulson, yesl Semrau, yes; Torre, yes; Richards, yes; Mayor Klanderud, yes.
Motion carried.
RESOLUTION #69, SERIES OF 2004 - Visitor Center Referendum
Repeal Ordinance #4, 2004
Councilman Paulson moved to adopt Resolution #69, Series of 2004;
seconded by Councilman Torre.
John Worcester, city attorney, reminded Council once a referendum petitiOn
is determined sufficient, state statute requires Council to determine whether
they want to repeal the ordinance or put the question on the ballot. In order
to repeal an ordinance, 3/4 of the entire Council or 4 affirmative votes are
required to repeal on ordinance.
Councilman Torre said there is a potential for a unified Forest Service and
visitors' center site at 7th and Main. Mayor Klanderud reminded Council
during the COWOP process, 16 sites were looked at and ranked for a
possible visitors' center. The forest service site was one of those 16 and it
did not rank as high as some others. The site at the northwest coruer of
Galena and Main ranked highest. Mayor Klanderud said the forest service's
intent and timeline is not known. Mayor Klanderud said this is not sufficient
new information for her to vote to repeal the ordinance. Mayor Klanderud
noted new information is that the property owner is willing to donate $1
million in order to acquire this site. Mayor Klanderud pointed out there are
discussions at the civic master plan for space for law enforcement, for the art
museum, and the fire department. Councilman Semrau asked if there have
been any discussions between the City and the forest service.. Mayor
Klanderud said there have been no concrete discussions.
Councilman Torre said he feels the city should re-examine its relationship
with the Chamber. This is an opportunity to look for more money, how the
city and the businesses relate to the Chamber. Councilman Semrau said the
only new fact on the Visitors' center since April is that the cost has gone
down $1 million. Councilwoman Richards said the fatal flaw with the forest
Aspen Ci,ty Council Regular Meeting July 12, 2004
service site is its location in the middle of'the most congested intersection in
town. Councilwoman Richards pointed out in order to get to this site,
visitors would have to have a car and drive to 7th and Main. CouncilwOman
Richards said supports the visitor center COWOP and this location would be
a valuable addition to the community and would bring life back to Main
street. Councilwoman Richards said she is willing to allow the community
to' vote on this issue. Councilman Paulson said he cannot support a structure
on Main street that will entice more cars into the community. Councilman
Paulson said he hopes when Council discusses transportation, they can come
to a vision of the future with less dependence on cars.
Roll call vote; Councilmembers Torre, yes; Richards, no; Semrau, no;
Paulson, yes; Mayor Klanderud, no. Motion NOT carried.
RESOLUTION #67~ SERIES OF 2004 Schedule Special Election
Councilman Semrau moved to adopt Resolution #67, Series of 2004,
scheduling a special election November 2, 2004; seconded by
Councilwoman RiChards. All in favor, motion carried.
RESOLUTION #68, SERIES OF 2004 - Visitor Center Ballot Question
Council requested that the title be changed from "Visitor Center COWOP
Project" to "Repeal Visitor Center COWOP Zoning" so it is clearer to the
voters that a yes means repeal of the zoning ordinance.
Councilman Semrau moved to adopt Resolution #68, Series of 2004;
seconded by Councilwoman Richards. All in favor, motion carried.
RESOLUTION #70, SERIES OF 2004 - Contract to Study Synthetic
Surface Sports Field at Rio Grande
Jeff Woods, parks director, requested approval of a contract'for a team of
experts to look at synthetic sports surface for Rio Grande. This park is in a
drainage area. One member on this team is a civil engineer who worked on
the storm drainage project. There are team members who have installed
synthetic fields as well as someone who has done research on underground
storage for retention. Woods told Council the Rio Grande could be more
heavily used if synthetic turf is installed. This proposal is for a feasibility
study only. This will have cost estimates for installing a synthetic surface
Aspen CiW Council Regular Meeting July 12, 2004
and will answer whether this is affordable and whether all the technical
challenges can be overcome.
Councilman Paulson asked if this will enhance the storm drainage program.
Woods-said the storm water project is viable and this is an added layer.
Councilwoman Richards said she would like some issues addressed; the
odor in the storage vault and how is this taken care of; how does this work
with small events and booths and volleyball courts putting pegs in the
surface. Councilwoman Richards asked for a cost comparison to simply
returfing the field. Councilwoman Richards said she would also like
comparative costs of synthetic surface at the school for sports activities.
Councilman Semrau said this study will give Council good information in
order to make this decision.
Councilman Torre moved to approve Resolution #70, Series of 2004;
seconded by Councilman Semrau. All in favor, with the exception of
Councilmembers Richards and Paulson. Motion carded.
WEST HOPKINS TRAIL
Jeff Woods, parks director, reminded Council they approved this project in
the 2004 budget and the project is within the $125,000 budget. Stephen
Ellsperman, parks department, said an arterial connection identified in the
AACP and the pedestrian trails plan is the West Hopkins trail connection.
Ellsperman told Council staff met with the Open Space Board to come up
with a list of important trails.' This is at top of the priority list. Scott Chism,
parks department, showed a rendering of the West Hopkins area and an
opportunities and constraints plan. Chism said staff is trying to accomplish a
connection between the Marolt Bridge trail, Hopkins, Fourth street and the
connection to the Midland trail. Chism said the project has to be split into
two phases and this is an 8-foot Mde trail alignment in the right-of-way
from Seventh to Fourth. Austin Weiss, parks department showed the
Midland trail, the Little Ajax property and the temporary easement down to
West Hopkins, and the areas where there are no easements. Chism noted
this will be similar to the separated trail along Cemetery Lane. Weiss said
this will be a multi-use trail for bicycles, walkers and will have landscaping
separation. Ellsperman told Council this is an important safety factor and
connects to the high school and the ARC.
Aspen City Council Regular Meeting July 12~ 2004
Mayor Klanderud said she does not want this trail connection on West
Hopkins to impede the city's efforts to gain easements to complete the
Midland trail. John Wilcox, Open Space Board, said safety was a big issue
in this trail for the Open Space Board. Martha Madsen, West Hopkins
resident, told Council she supports this project and can't wait for it to get
started. Joe Wells, representing Little Ajax, reminded Council they support
this project; however, they don't know whether they are designing a two-lot
subdivision or an employee housing project. A 10-foot easement on the east
side of the property will affect the housing project. Wells said they expect to
have that discussion during the approval process.
Councilman Paulson said he has reservations about this trail and whether it
satisfies what the city is trying to do. Councilman Paulson said one concern
has been mentioned before and that is losing bargaining power for easements
to continue the Midland trail. Woods reiterated the trail along Hopkins is a
commuter trail. The Midland trail is a recreation trail. The third trail is the
Ajax Mountain trail, which will be a single track and for which staff is
securing easements. There are multiple layers of trails going to the same
place. Woods said the Midland trail is not used in the winter. Councilman
Paulson suggested the east end of the trail connection be left crusher fine
rather than paved. Councilwoman Richards said this is a good project and
one which the neighbors support. Councilman Semrau agreed this is a great
improvement and the safety factor is huge.
OPPOSING CONSTITUTIONAL AMENDMENT ON SAME' SEX
MARRIAGES
Councilwoman Richards said she would like the Council to send a message
to the Colorado congressional delegation that the Council opposes this and
feels this is a state issue. Councilwoman Richards said there are parallels to
amendment 2, which was passed in Colorado, and which Aspen opposed and
prevailed at the Colorado Supreme Court. This constitutional amendment
would prohibit certain groups of citizens petitioning their supreme court for
changes in the laws. Councilwoman Richards noted Aspen has one of the
original gay ski weeks and longest running gay ski week in the country.
This resolution would follow Aspen's tradition of non-discrimination.
Councilwoman Richards moved that Council resolve to oppose the Federal
amendment to the constitution to ban same sex marriages; seconded by
Councilman Torre.
Aspen City Council Regular Meeting July 12, 2004
Councilwoman Richards said this amendment will deny any group their
rights or define their rights more narrowly. Mayor Klanderud agreed there is
an infringement on civil rights as well as an infringement on state's rights.
Council suggested this be addressed at a continued meeting tomorrow so
they can see the language in the amendment as well as resolution language.
Councilwoman Richards moved to continue this meeting to 4 p.m. July 13;
seconded by Councilman Torre. All in favor, motion carded. Council left
Chambers at 7:20 p.m.
Continued Meeting
Aspen Ci,ty Council
July 13, 2004
Mayor Klanderud called the meeting to order at 4:05 p.m. with
Councilmembers Richards, Torre, and Paulson present.
RESOLUTION #71, SERIES OF 200a - Opposing Constitutional
Amendment Defining Marriage as between a Man and a Woman
Councilwoman Richards moved to approve Resolution #71, Series of 2004;
seconded by Councilman Torre.
Councilwoman Richards said this mal~es the state's rights case the strongest
of the arguments and to not preclude any group of people from accessing
their constitutional rights.
All in favor, motion carried.
Councilman Paulson asked if there is reconsideration for the study of
synthetic turf at Rio Grande. Councilman Torre said he does not favor
artificial turf in either of the downtown parks. Mayor Klanderud said this
request came out of increased use of parks for sports as well as increased
special events. This consultant will look at the drainage issue as well as the
synthetic turf. Mayor Klanderud said the information from this study will be
valuable whether Council votes to install synthetic turf or not. Councilman
Paulson said he has concerns about people putting on events and putting
stakes in artificial turf. Councilwoman Richards said she is reluctant on this
issue and has not heard a lot 6f support from the citizens for synthetic turf.
Mayor Klanderud said Council would be remiss if they did not gather the
information, whether they ever install synthetic turf or not. Councilman
Torre agreed he is in favor of getting this information.
Councilwoman Richards moved to adjourn at 4:15 p.m.; seconded by
Councilman Torre. All in favor, motion carried.
Ka~n S. Koch, City Clerk