HomeMy WebLinkAboutminutes.council.20040209Regular Meeting Aspen City Council February 9, 2004
BOARD COMMENDATIONS .... : ............................................................................. 2
PARKS DEPARTMENT AWARDS ........................................................................ 2
CITIZEN COMMENTS ............................................................................................... 2
COUNCILMEMBER COMMENTS ........................................................................ 4
CONSENT CALENDAR
· Resolution #8, 2004 - ACRA Lease/New Visitors' Center ................................... 5
· Resolution #11, 2004 Contract - Rio Grande Parking Garage Stairs .................. 5
· Minutes - January 26, 2004 ....................................................................... . ............. 5
RESOLUTION #10, 2004 - ½ cent Sales & Use Tax Budget ........................... 5
ORDINANCE #3, SERIES OF 2003 - Historic LOt Split 1295 Riverside
Drive ................................................................................................................................... 5
ORDINANCE #2, SERIES OF 2004 - Fees .......................................................... 6
RESOLUTION #9, SERIES OF 2004 - Termination of Golf Course
Restaurant Lease ............................................................................................................. 7
Regular Meeting Aspen City Council February. 9, 200n
Mayor Klanderud called the meeting to order at 5:00 p.m. with
Councilmembers Torre, Richards, Semrau and Paulson present.
BOARD COMMENDATIONS
Council presented commendations to the citizen listed below for their
participation and hard work on city boards: Pat Fallin Open Space Board
Eric Cohen Planning and Zoning Board
Jon Busch Commercial Core and Lodging Commission
Greg Hughes Board of Adjustment
Neill Hirst Historic Preservation Commission
PARKS DEPARTMENT AWARDS
The Parks Department received recognition from the American Society of
Landscape Architects for outstanding professional achievement at Maroon
Creek Wetlands, for land stewardship for Maroon Creek wetlands. The
Parks Department was also recognized by the American Landscape
Contractors for Snyder Park and for their revegetation work on tl~e Maroon
Creek wetlands.
Bob Sakaguchi and Jeff Simmons of Carter Burgess thanked the city for
allowing them to work on the challenging and interesting project, the
Tiehack bridge. This is a nice project that blends into the environment. The
Colorado Contractors' Association awarded the 2003 engineering design
project award, 1 s~ place, to the Tiehack bridge.
CITIZEN COMMENTS
1. Caroline MacDonald said they have had an ongoing conflict with the
city regarding tree liability and Ordinance #34, which requires all trees with
a 6" or greater diameter to be regulated. Ms. MacDonald requested removal
of one tree and to top 3 others. These trees are at 300 West Main and all 4
trees are over 100 years old and at the end of their life cycle. The
MacDonalds have continually pointed out the age of the trees and that the
irrigation ditch was removed 40 years ago. A fifth tree of this group fell on
the cabin in the 1980's during a snowfall. Ms. MacDonald noted the city
attorney has opined the city does not own these trees. Ms. MacDonald
differed as excessive regulation by city staff shows they are not accountable
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Regular Meetin~ Aspen City Council February 9, 2004
for these trees. Ms. MacDonald said they have been put in a perilous
position because of these trees. Ms. MacDonald told Council they are
notifying the city's insurance carrier, CIRSA, and their insurance carrier that
any and all claims due to tree failures will rest on the city's shoulders for
non-accountable actions in preventing a disaster.
2. Scott MacDonald questioned whether Ordinance #34 complies with
the Colorado constitution, Article 2, Bill of Rights, Section 3, inalienable
rights and Section 15, Taking property for public use. MacDonald requested
the city review each of the highlighted sections of these 10 pages and
comment as to the relevancy of the subject matter and the contents of
Ordinance #34. MacDonald pointed out Aspen is a home rule city and the
office of the Attorney General deems all home rule cities must comply with
all state statutes that are of statewide concern and all of the state
constitution. MacDonald said the state statutes are not included in these 10
pages but will be forthcoming and should be reviewed by the city.
MacDonald said they brought up the issue of constitutionality last year.
Stephen Ellsperman, parks department, told Council a work session on this
issue was scheduled; however, they are waiting for information on new
standards for the Rocky Mountain region. Ellsperman said he feels this
information is pertinent to any code amendments. Ellsperman said staff will
schedule this work session as soon as they have all the information. Mayor
Klanderud said the historic preservation values versus the vegetation values
should be included as part of the work session.
3. Pat Fallin thanked Council for establishing the Open Space Board.
Ms. Fallin said it is critical for Aspen to have an open space plan with all the
pressure for building.
4. Toni Kronberg said she hopes the parks department also receives
awards for the Rio Grande park. Ms. Kronberg said in seamless trails
connection, the areas not covered are from Highlands down to the
roundabout for cyclists. If this can be added, Aspen will have one of the
finest seamless trails connections. Another area is Rio Grande park, and
maybe the city can add a pedestrian path behind the recycling center. The
Maroon Creek bridge adds to the seamless connection, especially for Nordic
skiing. Ms. Kronberg said the plan for the visitors' center at Galena and
Main is for a 3-story building. The trees and blue ski are irreplaceable and
perhaps the city can approach the building owner to buy that air space.
Regular Meeting Aspen City Council February 9, 2004
COUNCILMEMBER COMMENTS
1. Mayor Klanderud reminded everyone there is a presentation on
energy drilling on the Roan plateau tomorrow at 7 p.m. at Zele Music,
Cooper Avenue.
2. Mayor Klanderud gave Council copies of the Smart Cities magazine
with articles on the art and soul of economic development.
3. Councilman Paul son said he has heard concern that some drilling will
be very close to the Rulison site, where an atomic bomb was exploded in the
1960's. Councilman Paulson said he would like to know how they can make
sure' they are not tapping radioactive gas.
4. Councilman Paulson said one of the 2004 projects of the Roaring Fork
Outdoor Volunteers is improvements on the Marolt property. Councilman
Paulson said he would like to make sure there is public input and that the
Friends of Marolt are notified. Jeff Woods, parks director, said this is in
conjunction with the Historical Society and both they and the Friends of
Marolt are involved.
5. Councilman Paulson said he is against both the visitors' center lease
and the ½ cent sales tax budget. Councilman Paulson said he is concerned
about the Maroon Creek bridge, it will be 8 lanes of concrete crossing
Maroon creek. Council agreed to take Resolution #10, Series of 2004, off
the consent calendar.
6. Councilwoman Richards said there have been articles about the
affordable housing at Obermeyer. Councilwoman Richards said she does
not think this has been finalized and what the city is getting in exchange.
7. Steve Barwick, city manager, requested an executive session at the
end of the meeting to discuss property negotiations and to receive advise
from counsel.
8. Mayor Klanderud noted the ACRA board voted to support the
downtown catalyst position.
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Regular Meeting 'Aspen City Council February 9, 2004
9. Mayor Klanderud said T. Michael Manchester, Mike Ireland and she
are a subcommittee working on the EOTC budget. RFTA has submitted a
long-range plan, so that the elected officials was not make crisis decisions.
CONSENT CALENDAR
Councilman Semrau moved to approve the consent calendar as amended;
seconded by Councilwoman Richards. The consent calendar is:
· Resolution #8, 2004 - ACRA Lease/New Visitors' Center
· Resolution #11, 2004 - Contract - Rio Grande Parking Garage Stairs
· Minutes - January 26, 2004
All in favor, motion carried.
RESOLUTION #10t 2004 - ½ cent Sales & Use Tax Budget
Councilman Paulson said he is not opposed to a new bridge but is opposed
to a huge swath of asphalt across Maroon Creek. Councilman Paulson said
he hopes CDOT will look at what the community wants and that the bridge
is handled aesthetically. Randy Ready, assistant city manager, said the IGA
will make sure that the community has input and design approval.
Councilman Semrau moved to approve Resolution #10, Series of 2004;
seconded by CounCilwoman Richards. All in favor, with the exception of
Councilman Paulson and Councilman Torre. Motion carried.
ORDINANCE #3, SERIES OF 2003 Historic Lot Split 1295 Riverside
Drive
Mayor Klanderud recused herself as she lives within 300 feet of this
property.
Councilman Paulson moved to read Ordinance #3, Series of 2004; seconded
by Councilman Semrau. All in favor, motion carried. Mayor Pro Tem
Richards announced the public hearing will be March 22 at which time there
will be a full presentation.
Regular Meeting Aspen City Council February, 9, 200A
ORDINANCE NO. 3
(SERIES OF 2004)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING
HISTORIC DESIGNATION AND A SUBDIVISION EXEMPTION FOR
A HISTORIC LANDMA~ LOT SPLIT AT 1295 RIVERSIDE DRIVE,
LOT 20, RIVERSIDE SUBDIVISION, ASPEN, PITKIN COUNTY,
COLORADO
Councilman Paulson moved to adopt Ordinances #3, Series of 2004, on first
reading; seconded by Councilman Semrau. Roll call vote; Councilmembers
Semrau, yes; Paulson, yes; Torre, yes; Mayor Pro Tern Richards, yes.
Motion carried.
ORDINANCE #2, SERIES OF 2004 - Fees
John Worcester, city attorney, noted this ordinance adds fees to the
ordinance adopted last year. There is a 20-punch golf pass for fractional
ownership residents at $650 and a season golf pass for non-residents of
$1500. The ordinance defines a county resident as living or working in the
county. This is different from the fee structure at the ARC, which has city
residents, county residents, and out of the area. Mayor Klanderud said the
fee structure should be consistent at all recreational facilities. Mayor
Klanderud asked if fractional fee owners also means second homeowners.
Tim Anderson, recreation director, said the language should be standardized
to mean property owners who do not live here full time. The discounted
pass is for someone living OR working in Pitkin county, not both.
Mayor Klanderud opened the public hearing. There were n° comments.
Mayor Klanderud closed the public hearing.
Councilman Semrau moved to adopt Ordinance #2, Series of 2004, on
second reading; seconded by Councilman Torre. Roll call vote;
Councilmembers Semrau, yes; Paulson, yes; Torre, yes; Richards, yes;
Mayor Klanderud, yes. Motion carried.
Councilwoman Richards said she would like to know what a two-tiered fee
structure would do to the overall revenues at the ARC. Councilwoman
Richards noted city residents are paying a lot of the subsidv for the ARC.
Regular Meeting Aspen City Council February 9, 200a
Councilwoman Richards said she would not support a change to a two-tiered
fee structure unless it would have a neutral impact on the ARC budget.
RESOLUTION #9, SERIES OF 2004 - Termination of Golf Course
Restaurant Lease
Jeff Woods, parks and recreation director, reminded Council this operator
has been at the golf course for two years. Woods noted there have been
some shortcomings in the business. The gross revenues decreased from
$307,000 to $230,000 and the operators do not want to continue. The
operators approached the city to see if they could terminate this lease.
Woods told Council staff hired a golf course restaurant expert, Mike
Holtzman, to help draft an agreement fair to the city and to the
concessionaire. This is a proposed buyout of $200,000, looking at the
investment of $300,000 and a reasonable depreciation. Woods told Council
there are parties interested in bidding on a new lease.
Mike Holtzman told Council he has worked with over 250 facilities in 39
states. There are 35,000 golfers at the city golf course; however, no one eats
dinner at a golf course. If you try and make this a restaurant and compete
with the rest of the establishments in. Aspen, it will be a struggle. The
business plan for the current tenants had that in m/nd. Holtzman said it is
positive that the tenants approached the city to get out of the lease.
Holtzman noted the issue is whether the buyout number is fair. Holtzman
said the city is keeping this equipment and it is fairly new. The city offered
66% of the value, or a 34% depreciation rate over two years.
Holtzman pointed out the.next lessee will have to pay $90,000 fee of which
the city gets half and the other half goes toward future equipment purchases.
Holtzman noted the net value of the buyout is a little less than $100,000 and
the city keeps the equipment. Holtzman stated the sales have dropped from
$8.50/golfer to $6..00/golfer. Holtzman said the lease payment minimum
was not met in 2003.
Woods noted the present operator's business plan concentrated on the dinner
market rather than catering to the golfers. Holtzman said the RFP asks what
type of operation they propose. Mayor Klanderud asked if the cross-country
skiers will be addressed. Holtzman said one thing that will be looked at is
whether it is viable to stay open for Nordic skiers. If the city demands the
operation stay open for Nordic skiers, it may be putting a bt[siness in
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Regular Meeting
Aspen City Council
February 9, 200a
jeopardy. Anderson said in the pre-bid meeting, winter food service was
brought up including asking for ways to an operator might supplement the
winter business.
Councilwoman Richards asked what this does to the long-range plan. Steve
Barwick, city manager, said it will be a short-term impact but will probably
help out in the long range with greater lease revenues as well as supporting
events at the golf course.
Councilman Semrau moved to approve Resolution #9, Series of 2004;
seconded by Councilman Paulson. All in favor, motion carded.
Councilman Semrau moved to go into executive session at 6:15 p.m.
pursuant to C.R.S. 24-6-402(4)(a) to discuss acquisition of property and
C.R.S. 24-6-402(4)(b) to confer with the city attorney; seconded by
Councilman Torre. All in favor, motion carried.
Councilman Semrau moved to come out of executive session at 7:35 p.m.;
seconded by Councilman Torre. All in favor, motion carded.
Councilman Semrau moved to adjourn at 7:35 p.m.; seconded by
Councilman Torre. All in favor, motion carried.
~. K~)ch, City'Clerk
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