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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