HomeMy WebLinkAboutminutes.council.20180514Regular Meeting Aspen City Council May 14, 2018
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SPECIAL ORDERS OF THE DAY ............................................................................................................. 2
CITIZEN COMMENTS ............................................................................................................................... 2
CITY COUNCIL COMMENTS ................................................................................................................... 3
CITY MANAGER REPORTS ..................................................................................................................... 3
BOARD REPORTS ...................................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #74, Series of 2018 – Adoption of Updated Pitkin County Hazard Mitigation Plan .......... 4
Resolution #76, Series of 2018 – Change Order to Contract for As-Needed GIS Services ................. 4
Resolution #75, Series of 2018 – Stage One Water Shortage ............................................................... 4
Resolution #77, Series of 2018 – Contract with L.L Johnson for Rough Mower ................................. 4
Minutes – April 30, 2018 ...................................................................................................................... 4
ORDINANCE #12, SERIES OF 2018 .......................................................................................................... 4
ORDINANCE #7, SERIES OF 2018 – Spring Supplemental Budget .......................................................... 4
ORDINANCE #14, SERIES OF 2018 – Harassing Wildlife ....................................................................... 5
ORDINANCE #10, SERIES OF 2018 – Revisions to Implement Performance Pricing for Parking ........... 6
ORDINANCE #11, SERIES OF 2018 – Lot 20 Water Service Agreement ................................................. 6
EXECUTIVE SESSION ............................................................................................................................... 7
Regular Meeting Aspen City Council May 14, 2018
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Myrin, Hauenstein
Frisch and Mullins present.
SPECIAL ORDERS OF THE DAY
Mayor Skadron said we have some very special awards tonight. The first is the Frasier creative writing
contest. Ian Grey, parks, said this will be celebrated as part of Arbor Day. He turned it over to Jill
Shelley. She said every year we sponsor a writing contest for 3rd and 4th graders. This year the theme was
trees. Taj and Carter won for 4th grade. Councilwoman Mullins asked for copies of the stories. Mr.
Grey said they will be on display at the Arbor Day celebration. Taj said his story is about a tree with no
imagination who was then blessed by the rain queen. Carter wrote about a Roman god myth. Mayor
Skadron congratulated both.
Mayor Skadron read a proclamation setting forth a day for planting trees and setting forth a special day
known as Arbor day on May 19th.
Mayor Skadron read the Kids First proclamation celebrating the month of the young child.
Shirley Ritter, kids first, said this year marks the 28th year of the annual children’s parade. The parade
will be on May 22nd at 10am. Some of Aspen Mountain tots are here with us.
Mayor Skadron introduced the team from water. He read a proclamation about safe drinking water. Few
things are as important as water, particularly as our drinking water. The water team introduced
themselves.
Black diamond award – presented to an employee who goes above and beyond
Steve Barwick, city manager, said we recognize Ruth Kinney, IT, for leading the implementation and
design of the new website and for being on time and under budget by $20,000. She exemplified
teamwork and creativity while leading city staff. The effort was coordinated across city departments, she
learned their needs and targeted training. The bottom line is we have a much improved website and better
user experience.
Ms. Kinney said it was a team effort and she had a great web team. She thanked Karen, Michelle, Mitzi
and Paul. Over 50 web masters from each department.
CITIZEN COMMENTS
1. Toni Kronberg talked about the work session on Lift 1A tomorrow. With the teamwork it is
getting done. She would like to know with the next reading on ordinance 7 and the mobility lab,
she would like $40,000 included for an aerial connection from Brush Creek to Aspen.
2. Lee Mulcahy gave council 780 signatures asking for a peaceful resolution. He said he
volunteered thousands of hours to the community over the years and that he is here in peace and
love. He said this looks like political retaliation to the outside world. He begged the mayor to
meet with him and his mom and the sheriff.
Councilman Hauenstein said for a long time people have said there is retaliation and you are accepting it
as fact. I have seen no proof of anyone being retaliated against. I think this was an APCHA
administrative issue that was not led by the Mayor. I have not seen him leading any type of effort to
deprive you of your housing.
Councilman Myrin said my suggestion to Lee is to make a CORA request asking if APCHA has treated
anyone differently and let them stay in their space over a technicality. If so that would bring some weight
to the issue. The key is if people are not treated differently.
Regular Meeting Aspen City Council May 14, 2018
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CITY COUNCIL COMMENTS
Councilman Myrin said on the city logo, he is excited to see it united across all departments. It will be a
huge benefit. He was disappointed in the process as to why it was not reviewed by the community or
council. To me it appears very sterile and the letters all in caps seems like we are screaming instead of
more modest in lower case. Every time I see it I cringe. He said he would wait to November to start the
city hall construction as I mentioned at the last meeting.
Councilman Hauenstein said he had the honor of going to Maine for the weekend for my mother in laws
90th birthday. He saw John Bakken, gymnastic coach, at the airport. The ladies are competing in level 10
nationals for the first time.
Councilman Frisch said he is not sure if we keep up how many square feet is taken up by construction in
May but this has to be a record. He is not sure if there is something we can do for next year.
Mayor Skadron gave a heads up to City Council. We have had some favorable agendas for getting out of
here at a reasonable time. We are expected to be hit with some intense land use agendas this summer. At
the end of last season Scott Miller bought a couple e bikes for his departments. I toured the bridge today
and Trish was on an e bike and said she takes three to four trips a day on the e bike. Those are less car
trips. May 22nd at 10 am is the children’s parade. Come out and march with the kids. On a personal
note, on Saturday I met Austin, Matt and Ben from parks. We met at the Haden trail head hiked and
skinned and on the way in we say a mountain lion eating an animal carcass and a bear. While the skiing
is great the conditions are treacherous. Be careful out there.
CITY MANAGER REPORTS
Trish Aragon, engineering, said the Castle Creek bridge is tracking well. The schedule is going well. We
are working on the north side of Hallam and bridge deck repairs on the south side. There is an update
meeting Wednesday next week at 4 pm or call in at 5 pm. The hold will start June 12 until August 14.
The restart will begin on august 14th. We are looking to see if we can push back the August date but don’t
have an answer yet. The deck needs repair. We are doing that and expected that. It is not anything
unusual yet.
BOARD REPORTS
Mayor Skadron said the RFTA retreat was last Thursday. The main focus is on the proposed mill levy.
There are eight jurisdictions voting on it. We settled on 3.65. There will be more discussions over the
next few months on whether to proceed. It is funding for the next decade of RFTA to support valley
needs to reinvest in itself.
CONSENT CALENDAR
Reso #76 – As- needed GIS services
Councilman Hauenstein said he discussed this with Trish. GIS components are referenced in a number of
supplemental requests. Long term we should be looking at being able to do these IT functions in house to
save money and stream line these functions.
Reso #74 – hazard mitigation plan
Councilwoman Mullins asked what is the status with FEMA. Bill Linn, police, replied it is all through
the approval process and just needs council approval. Councilwoman Mullins said it is a fascinating
report and looks like we are doing our part. She would like to see us take a look at our resiliency plan
again.
Mayor Skadron asked to change the minutes board reports from 2014 to 2040.
Regular Meeting Aspen City Council May 14, 2018
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• Resolution #74, Series of 2018 – Adoption of Updated Pitkin County Hazard Mitigation Plan
• Resolution #76, Series of 2018 – Change Order to Contract for As-Needed GIS Services
• Resolution #75, Series of 2018 – Stage One Water Shortage
• Resolution #77, Series of 2018 – Contract with L.L Johnson for Rough Mower
• Minutes – April 30, 2018
Councilman Frisch moved to approve the Consent Calendar; seconded by Councilwoman Mullins. All in
favor, motion carried.
ORDINANCE #12, SERIES OF 2018 – Spring Budget – Component Unit Funds: APCHA, Smuggler
and Truscott Phase II
Pete Strecker, finance, told the Council this is for the housing properties specifically APCHA, Smuggler
Truscott phase II housing. PC workstation allotments and a single FTE as well as the carry forward
remaining balance.
Councilman Frisch moved to read Ordinance #12, series of 2018; seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCE NO. 12
(SERIES OF 2018)
AN ORDINANCE APPROPRIATING AN INCREASE IN THE HOUSING ADMINISTRATION
FUND OF $21,132 AND TRUSCOTT PHASE II HOUSING FUND OF $64,847.
Councilwoman Mullins moved to adopt Ordinance #12, Series of 2018 on first reading; seconded by
Councilman Hauenstein. Roll call vote. Councilmembers Mullins, yes; Hauenstein, yes; Myrin, yes;
Frisch, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #7, SERIES OF 2018 – Spring Supplemental Budget
Mr. Strecker stated this will amend the 2018 budget. We are requesting 40 million. It is not all new
money. 32 million is carryforward or appropriation from 2017. 4 million is items you have seen since
the start of 2018. 1 million is in new requests or three percent. Capital is the majority of the
carryforward. Six projects make up 27 million, mostly multi year efforts. Councilman Frisch asked what
is the difference between armory and Galena. Mr. Strecker replied armory is this building and Galena is
the one next to the parking structure. We also have some operational carryforward with pc and work
station allotments. There is also some project specific with the mobility lab and scanning projects. In the
financial policies there is a frugal incentivization that tries to combat the use it or lose it with a big
spending spree at the end of the year allowing one time spending needs with the reminder going back to
fund balance. New requests are 1.75 new FTE, software replacement, up hill economy and the 2020
census.
Councilwoman Mullins said we give grass roots a grant every year, what is the 5,600. Mr. Strecker said
we received an increase in their fees after the 2018 budget. Councilwoman Mullins said on the census
project do you know if we are having conversations with the county or other towns in doing a coordinated
effort. Ms. Garrow said we have been in contact with Snowmass Village and the county with sending
letters and anticipate them sharing costs next year. Councilwoman Mullins said for the Buttermilk
bicycle master plan, we have not resolved what the route into town will be. Austin Weiss, parks, said the
route will be to cross the highway at Buttermilk then use the AABC trail. The best route is past the
chapel where the bridge is. Councilwoman Mullins asked for the Burlingame settlement, what is the
payment going to. Jack Wheeler, asset, said the agreement is for the close out Burlingame I irrigation
issues and storm water infrastructure. This covers two of the three outstanding issues.
Councilman Myrin asked for the uphill economy, $100,000 how does it relate to what has been spent
since day one. Ms. Garrow said we can provide that for second reading. This is more than some past
efforts. The draft of the initial plan was $30,000. This is pushing us to the implementation phase.
Councilman Myrin asked how will this move us forward. Ms. Garrow said the funding is for two efforts,
uphill recreation plan and a regional approach. We are in the final running for a state grant for that. The
Regular Meeting Aspen City Council May 14, 2018
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second piece is the economic vitality piece and the uphill events. Ms. Garrow said we will be at the June
work session on the council goals. Councilman Hauenstein asked what is the current back log for the
zoning enforcement officer. Ms. Garrow replied it changes daily. Right now we are at 105 permits in the
queue. There are three main review agencies. Adding this FTE would put us parallel in staffing. It is not
just changing process but capacity. Councilman Hauenstein asked what are the fund balances for the
savings. Mr. Strecker replied they are on page eight.
Mayor Skadron said for the Castle Creek music school trail, what percent of the total is city versus county
responsibility. Mr. Weiss said we are talking with the county about the pro rated share. The planning
effort is more of a 50 50 split. Construction is more pro rated. Roughly 25 percent is city.
Councilman Hauenstein moved to read Ordinance #7, Series of 2018; seconded by Councilwoman
Mullins. All in favor, motion carried.
ORDINANCE NO. 7
(SERIES OF 2018)
AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET MANAGEMENT PLAN
FUND EXPENDITURES OF $16,964525, AN INCREASE IN THE GENERAL FUND OF $3,989,416,
AN INCREASE IN THE PARKS AND OPEN SPACE FUND OF $2,453,263, AN INCREASE IN THE
WHEELER OPERA HOUSE FUND OF $311,714\7, AN INCREASE IN THE TRANSPORTATION
FUND OF $1,577,434, AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF $4,844,002,
AN INCREASE IN THE KIDS FIRST FUND OF $494,787, AN INCREASE IN THE STORMWATER
FUND OF $1,916,688, AN INCREASE IN THE ELECTRIC UTILITY FUND OF $1,090,488, AN
INCREASE IN THE PARKING FUND OF $220,812, AN INCREASE IN THE GOLF COURSE FUND
OF $105,500, AN INCREASE IN THE TRUSCOTT HOUSING FUND OF $42,150, AN INCREASE IN
THE MAROLT HOUSING FUND OF $9,000, AN INCREASE IN THE EMPLOYEE HOUSING
FUND OF $3,980,453, AN INCREASE IN THE INFORMATION TECHNOLOGY FUND OF
$350,009.
Councilman Hauenstein moved to adopt Ordinance #7, Series of 2018 on first reading; seconded by
Councilman Frisch. Roll call vote. Councilmembers Frisch, yes; Myrin, yes; Hauenstein, yes; Mullins,
yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #14, SERIES OF 2018 – Harassing Wildlife
Audrey Radlinski, representing community response, told the Council, the request is for the city to adopt
an ordinance prohibiting the harassment of wildlife. There is a safety concern regarding public and
wildlife, particularly bears on the Hyman mall. Last year there was a situation with a mother bear and
cubs on the mall for about nine hours. We try to educate and protect the public. There was a situation
where a human mother and child chased the bear trying to get a selfie with the bear. We would like an
enforcement tool where we can cite people. It would be a $100 fine for a first offense, $200 fine for
second and a $500 fine and a municipal court appearance with a third offense. We give people warnings.
The public has a false sense of security when bears are in urban areas particularly when we are there and
there is a barrier. The ability to enforce will serve as an education tool as well.
Councilwoman Mullins asked how would you make someone aware of this. Ms. Radlinski replied we
have our bear aware campaign, we provide info at the airport and we will hit up every hotel. Bill Linn,
police, said we repeat warnings at the scenes. Councilwoman Mullins said she hopes it is effective and
powerful enough and makes a difference. Ms. Radlinski said we hold the bears accountable when they
get into trash and break into homes. Last year there were 16 bears euthanized and three relocated. This
ordinance holds people accountable. Councilwoman Mullins asked what are the fines for not taking care
of your garbage. Ms. Radlinski replied 250, 500 and 999 dollars. Councilman Myrin asked would you
propose matching those. Councilwoman Mullins replied you could. Councilman Myrin said we need
something that supersedes the curiosity. A $100 fine doesn’t seem enough. Mr. Linn said the $100 fine
on the first offence matches Pitkin County and the state. Councilman Myrin said if there is support on
council I would support it but it does not supersede the curiosity. Ms. Radlinski said this ordinance is not
Regular Meeting Aspen City Council May 14, 2018
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limited to bears but applies to all wildlife. Councilman Myrin said the impact to businesses when we
close the malls is certainly more than 100 dollars.
Councilman Hauenstein said we need to actively enforce the ordinance. It means nothing if we don’t
enforce it. He supports the ordinance but thinks the penalty should be enough to make a difference. The
enforcement should be active and aggressive.
Councilman Frisch said he feels bad for the bears and is supportive of this. He thinks we need to own up
to the historic trees we have around here and look at ourselves and make sure we have the right city forest
policy. He is fully supportive of the fairly stiff fines.
Ms. Radlinski said the ordinance is one piece of a multi department effort to handle bears. We are going
to power wash the blossoms off the trees so they don’t bear fruit and collar problem trees.
Mayor Skadron said what does it look like when you approach a visitor who approaches a bear while
holding a baby and tell them you are going to fine them. Ms. Radlinski said removing them to a safe
location would be my first priority.
Councilman Myrin moved to read Ordinance #14, Series of 2018; seconded by Councilman Frisch. All in
favor, motion carried.
ORDINANCE NO. 14
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
TITLE 6 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN – ANIMALS AND FOWL – TO
ADD A NEW SECTION 06.04.110 ENTITLED: HARASSING WILDLIFE PROHIBITED.
Councilman Myrin moved to adopt Ordinance #14, Series of 2018 on first reading with amendment to
change the fine amount from 100, 250, 500 dollars to 250, 500 and 999 for a first second and third offense
with a municipal court appearance on the third offense.. Supported by Councilman Hauenstein.
Councilman Myrin stated it would match the garbage fine. Mayor Skadron said we are on par with state
fines. Ms. Radlinski said she would support it starting at 250. Councilmembers Frisch and Mullins also
support it.
Roll call vote. Councilmembers Myrin, yes; Mullins, yes; Frisch, yes; Hauenstein, yes; Mayor Skadron,
yes. Motion carried.
ORDINANCE #10, SERIES OF 2018 – Revisions to Implement Performance Pricing for Parking
Mitch Osur, parking, said the goal is to implement the free 15 for one free 15 minutes a day. The hourly
rate will be broken down between 10 to 11 and 3 to 6 at the lower rate and 11 to 3 at the higher rate.
September will move to peak season from off season pricing. We have requested a way to do the free 15
via the pay by phone system and will have that in place by November. There are two parking zones now.
We will have a new zone for the free 15 minutes.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch moved to adopt Ordinance #10, Series of 2018; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Hauenstein, yes; Frisch, yes; Mullins, yes; Myrin, yes; Mayor Skadron,
yes. Motion carried.
ORDINANCE #11, SERIES OF 2018 – Lot 20 Water Service Agreement
Tyler Christoff, utilities, stated this will provide commitments to construct water and pay mitigation fees,
provide stormwater regulations and support potential annexation. The parcel is currently surrounded by
Regular Meeting Aspen City Council May 14, 2018
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lots provided with city water service. It is in the best interest to provide city water to this property. It will
be a clean reliable water source with the same rights and regulations as its neighbors.
Matt Brown, representing the owners, said regarding fees, we are spending quite a bit of money on water
infrastructure on 2nd street and the tap for the ice garden. He hopes this is taken into consideration as
part of the expense for us. We are hopeful you understand the financial burden these fees are for us. We
separately pay a county affordable housing fee and ask that be taken out of the total. We have a proposed
fee structure to pay affordable housing and ask that to come off the $321,000 total. We request since a
local family is purchasing one lot they request a deferment in paying the fees. Mr. Christoff said we are
aware of the 75,000 being paid to the county and of the deferment being requested.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilwoman Mullins asked if the other fees have been negotiated. Mr. Christoff said they are the
standard fees. Councilwoman Mullins asked does the affordable housing fees take the county fees into
consideration. Mr. Christoff said they have not been negotiated. Councilwoman Mullins asked how did
you come up with the negotiated amount. Mr. Christoff said we started with the 2017 city affordable
housing rate numbers. They are lower than what is listed here and worked with the applicant to come
with a number that could move the project forward. Councilwoman Mullins asked what percent of the
2017 rate. Mr. Christoff replied 75 percent. Councilman Frisch asked if it was in the city it would be
$517,000 at 2018. Mr. Christoff said the 2017 rate would be considerably less.
Councilman Hauenstein said according to my calculations you are saving $320,000 by not having to pay
city affordable housing mitigation, including the 75,000 you are paying for the county. City mitigation
would have been $566,000. Mr. Brown replied that is probably correct. There is 200,000 in water line
work that benefits not just us. We do have a well we can utilize. We would like to work it out. For us
we are spending over half a million dollars for a county property.
Councilman Myrin said I think I am where Ward was. I think the problem we have is more with the
county than the applicant. To have a difference in housing of this much is inexcusable. This is a lesson
for us to work with the county. If it takes us 300,000 in loss to have that conversation now is the time.
Mayor Skadron said the discrepancy is between mitigation rates between the city and county.
Councilman Frisch said the county rates have been woefully low for a long time and they have done
nothing about it. We obviously try to line up codes between the city and county and this is inexecutable.
Matt is trying to do the best he can. It is better to be on the city water than on a well. We are all
supportive of the deferment. I am not that excited to waive the 75,000. Councilman Myrin said you have
my support. Councilman Hauenstein said mine as well.
Councilwoman Mullins moved to adopt Ordinance #11, Series of 2018; seconded by Councilman
Hauenstein. Roll call vote. Councilmembers Frisch, yes; Myrin, yes; Hauenstein, yes; Mullins, yes;
Mayor Skadron, yes. Motion carried.
EXECUTIVE SESSION
C.R.S. 24-6-102 (a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other
property interest; (b) Conferences with an attorney for the local public body for the purposes of receiving
legal advice on specific legal questions and (e) Determining positions relative to matters that may be
subject to negotiations, developing strategy for negotiation; and instructing negotiators.
Linda Manning
City Clerk