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HomeMy WebLinkAboutminutes.council.20021209Regular Meeting Aspen City Council December 9~ 2002 SHIMAKAPPU SISTER CITY ................................................................................. 2 CITIZEN PARTICIPATION .................................................................................... 2 COUNCILMEMBER COMMENTS ..................................................................... 3 MINUTES ........................................................................................................................ 5 FIRST READING OF ORDINANCES ................................................................... 6 · Ordinance #48. 2002 - Code Amendment - Housing Replacement Requirements 6 · Ordinance #47. 2003 - Fees for 2003 ................................................................... 6 · Ordinance #46. 2003 - Wheeler Endowment Fund ............................................. 6 ORDINANCE #41, SERIES OF 2002 - Code Amendment Standardizing Boards and Commissions ............................................................................................ - ORDINANCE #45, SERIES OF 2002 - Supplemental Appropriation ........... 8 BURLINGAME PARCEL D GREEN BUILDING THRESHOLD ........ 9 RESOLUTION #116, SERIES OF 2002 - ESPN X-Games Request for Banners on Light Poles ................................. .............................................................. I0 SIDEWALK EASEMENT - Gibson Avenue ...................................................... 10 STATEMENT IN FAVOR OF PEACEFUL RESOLUTION IN IRAQ ....... 11 Regular Meeting Aspen Ci~, Council December 9~ 2002 Mayor~Klanderud called the meeting to order at 4:05 p.m. with Councilmembers paulson, Semrau, Hershey and McCabe Present. Councilman Hershey moved to go into executive session for the purpose of discussion potential acquisition of property pursuant to C.R.S. 24-6- 402(4)(a); seconded by Councilman Semrau. All in favor, motion carried. Councilman Hershey moved to come out of executive session at 4:40 p.m.; seconded by Councilman Semrau. All in favor, motion carried. Mayor Klanderud called the regular meeting to order at 5:05 p.m. with Councilmembers McCabe, paUlson, Hershey and Semrau present. SHIMAKAPPU SISTER CITY John Taylor and Karinjo DevOre preSented the Aspen CitY Council and Aspen Sister Cities with a plaque recognizing and honoring the i0 year sister city relationship. CITIZEN PARTICIPATION 1. Torre said he is concerned about the county's recycling program, which may be in danger because the city has other plans for the recycling area within the Obermeyer project. City Manager Steve Barwick noted it was discussed during the Obermeyer project to clean up the area or to have smaller collection systems around town. It was not discussed to close down the recycling center. Torre said he hope Council does what it can to make the recycle program successful. Torre said he is concerned about the city's willingness to give away its assets. The trolleys had value to many people. Torre said he would like to know the rationale for not using the trolleys locally or as kiosks. Torte said if the trolleys were sold, the money could have been used to pay for transportation issues in the city. 2. Jerry Bovino thanked everyone who supported the trolleys. Bovino said Aspen is facing a downturn in the economy and he does not want the city to have budget problems like the county. Bovino said if the trolleys are worth any money, the city should find someone to pay for them and put the money back in the city's revenues. 2 Regular Meeting Aspen City Council December 9~ 2002 3. Toni Kronberg told Council she went to the County Commissioners' meeting and urged them to keep the recycling program. Ms. Kronberg asked that the city work with the county to keep this program alive. Ms. Kronberg suggested there be small recycling stations in several different locations so people can walk to them. Ms. Kronberg noted the election question on the trolleys said to dispose of them but not to whom. Ms. Kronberg said there is no place to have outside food at Iselin and a trolley as a food stand would be a benefit. 4. Lenir Drake asked why the trolleys are not going to the highest bidder. Mayor Klanderud said the trolleys are in very bad condition. There is considerable expense to repair them, even for use as a kiosk. Mayor Klanderud said it was the decision of the prior Council, affirmed by this Council, to have them used in an operating system where possible. Ms. Drake suggested these might be more valuable donated to a non-profit in the valley. 5. Emzy Veazy III invited everyone to Grassroots at the Red Brick Center tomorrow at 5 p.m. as Santa Claus is coming to town. Veazy said he has a public television show, Caviar and Class in Aspen. Veazy asked Aspen business and civic leadership to join his efforts. 6. Bert Myrin said the city is giving away assets. The city has a $70 million budget. Myrin suggested they city sell these trolleys and give the proceeds to SPARC. Myrin said the Aspen is not immune from national economics, and it would be irresponsible to do anything with city assets that could have benefited the community. COUNCILMEMBER COMMENTS 1. Councilman Hershey said the trolley issue has gone on and on and on. Councilman Hershey said these trolleys are an asset in the negative. It would take thousands and thousands of dollars to make the trolleys work. The places that are getting these trolleys are going to spend money, restore them and use them. 2. Councilman McCabe noted Lisbon has many of these trolleys available. LiSbon has gone from 26 trOlleYs lines to 4 lines, mainly for tourist attractions. Lisbon has gone to buses for their public transportation. 3 Regular Meeting Aspen Ci~, Council December 9~ 2002 These trolleys have been sitting around neglected for years. Councilman McCabe Pointed out citizens petitioned Council to put thi~ issue on the ballot. Staff and the trolley group drafted an election question and the voters made the decision. The voters endorsed disposing of these trolleys and Council has an obligation to honor that vote. 3. Councilman Semrau said he went to the hybrid bus demonstration, and it is a fantastic. He would like Council to commit to using this type of technology in mass transit and to encourage RFTA to do everything possible to purchase some for their fleet. 4. Councilman Paulson asked why the trolleys are not going out to bid. Councilman Paulson said the city has a fiscal responsibility to get the most for this asset as they can. Councilman Paulson said Council might not be allowed to give this asset away under Article XI of the State Constitution. 5. Mayor Klanderud said at the advice of the city's attorney, Council has a reasonable basis for making the gift or contribution of trolleys at another community. There was a public purpose defined. Mayor Klanderud noted the city has not laid off any employees. There are sUfficient reserves in all of the departmental fund; CoUncil has budgeted -5% in sales tax revenueS for 2003 to be very cautious about the economy. Mayor Klanderud said the trolleys have been an issue in this community for 22 years. The Council supported the trolley group taking a question to the voters to decide once and for all what to do with the trolleys. The decision of the community was not to keep the trolleys. There are expenses in keeping these trolleys, Mayor Klanderud stated it is not a wise use of municipal assets to allow them to deteriorate over time. The city has agreements with the communities that are receiving these trolleys that they will be used in an operating system. Mayor Klanderud said the trolleys may have been nice; hoWever, at the expense of refurbishing this to have a running trolley system, the trolleys have been put to a reasonable use. Councilman Semrau said this Council did not make up the disposal priorities for the trolleys; a previous Council set this up. Councilman Semrau reiterated it was more important that these go to a working trolley system than to get $7500 for the trolleys. Councilman Semrau said it was a wise decision. Councilman McCabe said these trolleys have been sitting on city open space for a long time, and it is cruel to allow these trolleys to rot away. 4 Regular Meetin~ Aspen City, Council December 9, 2002 6. Mayor Klanderud stated the RFTA Board is meeting about hybrid buses and she would like to impart Council's support for this type of bus. Councilman Hershey said his only concern would be rushing ahead of technology. Councilman Semrau pointed out this is the same technology as that used in the Prias and it is a proven technology. 7. Mayor Klanderud asked Council's feelings on advertising on the buses. Councilman Paulson said he would like to see an example. Councilmembers Semrau and McCabe said they are opposed. Mayor Klanderud said she thinks external advertising would violate the city's sign code. These would be moving billboards. Councilman Paulson said rather than raise fares, he would like to examine any possible way to get more revenue into the transportation efforts. 8. City Manager Steve Barwick requested an executive session at the end of the meeting to discuss a personnel ~ssue. 9. Councilman McCabe reported on the latest RWAPA meeting. The habitat study that has been going on for 18 months should be complete in early 2003. Councilman McCabe said the Board discussed cooperative efforts going on to protect western slope water. There is a possible IGA of the western Colorado drainage to fend off threatemng to Ruedi water supply. Councilman McCabe noted that Aspen will no longer pay the majority of RWAPA's budget; all jurisdictions will pay a share. MINUTES Councilman Hershey moved to approve the minutes of November 25, 2002; seconded by Councilman McCabe. All in favor, motion carried. Reeular Meetinq Aspen City Council December 9, 2002 FIRST READING OF ORDINANCES Ordinance #48, 2002 - Code Amendment Housing Replacement Requirements · Ordinance #47, 2003 - Fees for 2003 · Ordinance #46, 2003 - Wheeler Endowment Fund Councilman Hershey moved to read Ordinances #48, 47, 46, Series of 2002; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE NO. 48 SERIES OF 2002 AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A TEXT AMENDMENT TO THE LAND USE CODE TO AMEND SECTION 26.530.050, HOUSING REPLACEMENT REQUIREMENTS, TO ALLOW FOR A PAYMENT IN LIEU OPTION IN THE MULTI-FAMILY REPLACEMENT PROGRAM, CITY OF ASPEN. ORDINANCE NO. 47 Series of 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO INCREASE CERTAIN MUNICIPAL FEES. ORDINANCE NO. 46 (Series of 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO ESTABLISHING A SEPARATE WHEELER OPERA HOUSE ENDOWMENT FUND FROM REVENUES DERIVED FROM WHEELER OEPRA HOUSE DEPARTMENTAL SAVINGS (RETT AND EARNED REVENUE SAVINGS) AND SETTING FORTH INVESTMENT Regular Meeting Aspen City Council December 9, 2002 Councilman McCabe moved to adopt Ordinances #46, 47, and 48, Series of 2002; Seconded by cOUncilman Hershey. R°ll call vote: McCabe, yes; Paulson, yes; Hershey, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. CoUncilman McCabe said for the second reading of the fee increasing he would like to know why some fees are increased more than the standard 3%. Mayor Klanderud said she would like some explanation of the Wheeler fee structure. CoUncilman Hershey asked about charging more to plaY on the municipal golf course is one if not an Aspen resident. ORDINANCE #41, SERIES OF 2002- Code Amendment - Standardizing Boards and Commissions David Hoefer, assistant city attorney, told Council this ordinance amends the language regarding P&Z, HPC and the Board of Adjustment to make it standard. This ordinance makes clear members must be residents of the city for one year. The removal clause states, "All members serve at the pleasure' of the City Council and may be removed for cause prior to the expiration of their appointment by a majorit3~ vote of the City CoUncil." The terms have been standardized to 4-year terms. The ordinance sets HPC membership at 7 regular and 1 alternate, rather than 7 and 3. The ordinance clarifies how officers are elected, clarifies quorum and necessary vote. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Mayor Klanderud suggested rather than drop all references to compensation, the ordinance state members will serve without compensation to make this very clear. Councilman McCabe suggested Board terms be 3 years so that CoUncil would have a chance in their 4-year term to interview Board members. The majority of Council agreed a standard 4-year term was the most workable. Councilman Paulson moved to adopt Ordinance #41, Series of 2002, on second reading, amending it to add "the members shall serve without compensation"; seconded by Councilman Hershey. Roll call vote: McCabe, yes; Paulson, yes; Hershey, yes; Semrau, yes. Mayor Klanderud, yes. Motion carded. 7 Regular Meeting Aspen City Council December 9, 2002 ORDINANCE #45, SERIES OF 2002 - Supplemental Appropriation Paul Menter, finance director, told Council this ordinance provides year-end funding for the construction fund of the Aspen Recreation Center. Menter explained because the project is being financed from donations that are scheduled to be received over years, there is a short-term cash flow problem. This ordinance appropriates $6.2 million of loans $4.5 million from the Wheeler Fund and $1.7 million from the housing/day care fund. These are maximum amounts and only the amount needed will be loaned from these funds. The funds will be repaid as quickly as possible. The loans will carry 3.5% interest, which is equivalent to a Treasury bill, and the maximum term is 4 years. Mayor Klandemd opened the public hearing. Toni Kronberg said during the trolley discussion, possible donation of the trolleys came up. Ms. Kronberg said Friends of the Moore Pool and SPARC both could use the trolleys and the revenue from selling them. Ms. Kronberg said the swimming pool could use finishing details, like bleachers. Ms. Kronberg asked why the city has to borrow money when in 1999 voters were told there would be plenty of money available for everything planned. Ms. Kronberg noted the ice facility was not to be part of the 1999 bond funds and there was to be separate accounting kept. Councilman McCabe said the donated money is to cover the ice facility and a portion of the common elements. The recreation facility is much larger than what was asked for in the 1999 bond. Ms. Kronberg said she would like to see a breakdown of the accounting for the recreation facility. Menter said this is a technical amendment to the budget to allow the city to end the fiscal year with a positive cash balance in the construction fund. Ron Erickson asked if the entire $6.2 million is needed now or could this be structured as a line of credit. Erickson asked if the 3.5 % interest is straight interest or APR. Erickson asked if SPARC is being charged for these funds. Mayor Klandemd answered the money is not going to SPARC; the money is being used to finish a city facility. Menter said the majority of the money is needed right now. The total will decrease as the donations come in at the beginning of 2003. Menter noted the interest rate is equivalent to what the city would earn in a fixed income investment portfolio. Regular Meeting Aspen City Council December 9, 2002 Nida Tautvydas, director of the Wheeler, said the Wheeler fund does not hage $4~ ~million2 The~e is $5 million in their fund and S°me of this is owned to vendors or other groups. Ms. Tautvydas suggested the repayment agreement be re-~tten so that $3 million is repaid in the first year. Georgia Hanson said she would like to be able to understand better how this loan would affect the Wheeler's endowment. City Manager Steve Barwick said the Wheeler will have to invest their endowment funds. This money will be invested in the city rather than in T-Bills. Menter noted the year-end cash balance for the Wheeler, after this lOan, will be $1.5 million. Mayor Klanderud suggested continuing this public hearing for one week as there is a Wheeler Board meeting this week. Staff can meet with the Board if further discussion is needed. Brain O'Neil supported cOntinuing this item as did Larry Fredrick, both Wheeler Board members. Councilman Hershey moved to continue Ordinance #45, Series of 2002, to December 16, 2002; seconded by CounCilman Semrau. All in favor, motion carried. BURLINGAME PARCEL D GREEN BUILDING THRESHOLD Troy Rayburn, asset management department, told Council the task force set a minimum of 80 green building points, which is mandatory, and a goal of 130 points for Burlingame Parcel D. Councilman Semrau asked if the city will tell potential developers that 130 is a recommendation but not mandatory. Mayor Klandemd asked if staff feels 130 points is achievable within budget. Ed Sadler, asset manager, said 130 points can be achieved within budget as Council has let the developer choSe which items he wants to use as part of his green building. Councilman Semrau suggested Council establish 130 points as a goal and ask the development team if there is an extra cost to achieve those points. The city should quantify What the extra green points will cost. Mayor Klanderud suggested if a development team tells the city they cannot meet 130 points within budget, Council can negotiate the points and the budget. Councilman Semrau said Council should be aware there are increased costs to get this much green building. Councilman McCabe said he would like to know the trade offs for the costs. Councilman Semrau said he would like to know what the extra 50 POints will coSt. CounCil agreed Regular Meeting Aspen City Council December 9, 2002 that 130 points is a laudable goal, ask the developers to try and meet that and find out what it costs. RESOLUTION #116, SERIES OF 2002 - ESPN X-Games Request for Banners on Light Poles Sarah Oates, community development department, reminded Council they adopted a policy in 2000 to only allow banners on lights poles for 25, 50 and 100-year anniversaries of significant local groups and for national/international events. Ms. Oates noted staff is reqommending approval based on the fact this is a significant international event that deserves to be recognized. Deric Gunshot, ESPN, presented several renderings of the banner and noted that these banners will have no advertising. Council agreed any one of these renderings would be fine. Councilman Hershey said the X-Games are a great amenity to the community and should be recognized as such. Councilman Hershey moved to adopt Resolution #116, Series of 2002; seconded by Councilman McCabe. All in favor, motion carded. SIDEWALK EASEMENT - Gibson Avenue Nick Adeh, city engineer, reminded Council in 1998 the city established Smuggler neighborhood improvement area and tried to enhance pedestrian safety. Adeh said there were not sidewalks or pedestrians lanes. The city finished connections where they had the right of way. Adeh said on Gibson, there is only sidewalk on one side of the street because of the narrow right- of-way. There is not a link at the southwest comer of Gibson and Neal avenue, about 150 feet. Adeh said he is trying to negotiate a 4-foot easement to connect the links. Adeh said if people offer the easement, he uses the pedestrian money to install the sidewalk. Adeh asked for permission to negotiate with these property owners to purchase the easement as the property owners are not willing to donate the easement. When there ~s an amount or a contract, this will come back to Council. Council agreed Adeh should pursue this. 10 Regular Meeting Aspen City Council December 9, 2002 STATEMENT IN FAVOR OF PEACEFUL RESOLUTION IN IRAQ Frank Peters said this might be a national issue; however, because the local resources that might be given up are the community's children. Peters said the community would lose promising and energetic children. Bill Stifling said there is a history of Councils in Aspen speaking out on national and international issues. Stirling said it is important that Aspen's voice be heard. Michael Gassman said it is appropriate for local communities to discuss issues outside their borders, and it is becoming more and more important. Gassman said there is no national debate about important issues and communities have responsibility to speak out in the absence of no one else speaking out. Steve Crockett said an entire previous City Council coming back together requesting Council adopt a resolution sends a powerful message. Crockett said this is a moral issue and that the Council should stand up and be heard to urge the country's leaders not to invade Iraq. Councilman Hershey stated he appreciates that this previous Council came forward with a resolution. Councilman Hershey noted he represents many different sectors of the community and did not run on a national platform. Councilman Hershey suggested that citizens concerned about an invasion of kaq should contact their federal representatives. Councilman Paulson stated it is appropriate for Council to pass this resolution. Councilman Paulson said besides concern over children in this community, Council has a responsibility for the economy and a war would be disastrous for the local economy. Councilman McCabe said he is a Viet Nam era veteran and he came out of the service definitely on the side of peace. Councilman McCabe stated he did not run on a platform of his feelings for or against war. Councilman McCabe said he has not asked local citizens how they feel about an invasion of Iraq. Councilman McCabe agreed it is important for citizens who feel strongly about this issue to call their federal elected officials. Councilman McCabe said he does not feel it is his position as a Councilperson who has not expressed his position on war to adopt this resolution. Councilman Semrau said Council represents all the citizens of Aspen, including a lot of people who are not at this meeting. Councilman Semrau noted he received e-mails and personal comments asking him not to take a stand on this issue. Councilman Paulson said the collective force of a Council resolution means a lot more than individuals. 11 Regular Meeting Aspen City Council December 9, 2002 Mayor Klanderud said to her there is no more serious violence than war~ The issue here is peace and this Council is all for peace and peaceful means. Mayor Klanderud said there are citizens who chose not to h~ave Counc!l speak for them on this particular issue. Mayor Klanderud does not support passing this resolution. Councilman Semrau moved to go into executive session at 8:15 p.m. for the purpose of discussing a personnel issue pursuant to C.R.S. 24-6-402(4)(b); seconded by Councilman McCabe. All in favor, motion carded. Councilman Semrau moved tO come out of executive' s~sior~ at 8:40 p.m.; seconded by Councilman Hershey. All in favor, motion carried. John Worcester, city attorney, told Council staff will bring a resolution regarding the Maroon Creek bridge to the next Council meeting. Randy Ready, assistant city manager, reminded Council they requested this resolution to ask CDOT to prioritize the Maroon Creek Bridge section from Buttermilk to the roundabout. Councilman Pau.lson asked if there i,s anything in this resolution supporting the existing alignment. Ready Stated What COuncil asked for was a resolution in support of the Maroon Creek bridge. Councilman Hershey said this Couid be added at the meeting. Worcester Said this is a peripheral issue that can be discussed at the next Council meeting. Councilman Semrau moved tQ adjourn at 8:45 p.m.; seconded by Councilman Hershey. All in favor, motion carried. City Clerk 12