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REGULAR MEETING ASPEN CITY COUNCIL MARCH 10TH, 2020
At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilmembers Richards,
Hauenstein, Mesirow and Mullins present.
SCHEDULED PUBLIC APPEARANCES:
Mayor Torre introduced a team closest to the corona issue. Gabriel Muething is the Copa 19 Incident
Commander for Unified Command. Joey DiSalvo, Pitkin County Sheriff, and Karen Koehnman, Director
of Public Health. Mr. DiSalvo started off with a history lesson and said that in 1987, we were one of the
first counties to take incident command from the feds and we embraced it. We have the highest
standard of incident command structure in Colorado and we became a level 4 management team. We
have the respect of the state and get called to major incidents throughout the state. Our role is to stay
out of their way. We aren’t used to not being in charge, but Gabe is now my boss as long as this issue is
going on. He’s discouraging everyone from sharing sensitive information. This has to be kept within the
team. Some of the information isn’t fully baked yet. We’ve never been in better hands. We’ve handled
a lot bigger than this and Gabriel dealt with the Lake Christine fire as well. It was controlled with good
structure. He went on to explain the roles of the structure.
Ms. Koehnman said the flu is here to stay, but we’re trying to prevent the corona virus from becoming
an endemic. All we have so far are non-pharmaceutical interventions. We’re trying to slow the spread
of the virus. A lot of monies have been put into vaccine development and we are ensuring the most
vulnerable aren’t getting sick. Folks over 80 are mostly affected. This is a new virus and began with
animal to human transmission and then human to human. It’s a new corona virus. The corona family
has been around for a long time. She reminded everyone of basic preventative care, cover coughing,
wash hands, stay home when sick. She explained the process of dealing with the girl from Australia.
Their press release will be out before the state issues theirs. This all takes time while respecting this
person’s privacy. We are asking people to be patient.
Councilman Hauenstein asked if based on incubation, that we can assume it came from Australia and
Ms. Koehnman said we can’t assume that. She said someone from CDHP is arriving tonight since they
are leading the response on this.
Mayor Torre asked about contact info, where to check, etc. Ms. Koehnman said there is a one stop shop
on the public health website via pitkincounty.com with a Covid 19 link. It is being updated daily with the
best information. If you need a screening, call the state 303-692-2700, which is an epidemiology line.
Councilman Hauenstein asked about dogs and Ms. Koehnman said it’s not known if dogs can transmit
the virus.
Councilman Mesirow asked about testing. Mr. Muething said it is pointless to take the test if you are not
showing symptoms. He said there is a screening tool at the CDC where someone can do who is having
symptoms plus a known exposure to someone who test positive for Covid. Mr. Muething said if you are
sick, stay home. This is the quickest way illnesses get spread around. This virus is very easy to kill and
can be done with typical household products. Take the time to wipe down doorknobs and countertops.
Ms. Koehnman said we are working on updating the website every Friday and we will continue to
release press releases before the state.
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REGULAR MEETING ASPEN CITY COUNCIL MARCH 10TH, 2020
Councilman Mesirow asked about business owners and managers regarding guiding documents from
the CDC on the web for different organizations.
Councilman Hauenstein asked for clarification on the virus and the illness. Ms. Koehnman said that S-
Covid-2 is the virus and Covid 19 is the illness and Corona is the family that it sits under.
CITIZEN COMMENTS:
Peter Fornell – Mr. Fornell said he is a longtime Aspen resident. He is lucky to be a part of this town. He
refers to himself as the reluctant developer. He always builds within the regulations and guidelines and
responsibilities to give back to the community. He said there are egregious violators, and he can’t help
but to pursue the right thing. As you may be aware, the property that I purchased on Gibson Avenue;
777 Gibson. He soon discovered that his neighbor, had violated building code and built two parcels
without a permit or permission, and against his allowable FAR. 13 months ago, he informed the city of
this shed, and he has since donated his property to the city, but the neighbor still has ownership of his
property. He mentioned Jim True writing a letter to this neighbor, and there’s been no action or
enforcement ever since. He’s here tonight for a response about people doing whatever they want, and
he wants an update.
Mr. True said he doesn’t have a lot to report. We inherited that litigation from Mr. Fornell, as there are
violations. He did remove the deck behind his house, and the structure that Mr. Fornell is referring to is
a carport and it’s still up and is part of the litigation. He’s got a quiet title action. We have not, at this
point, taken further steps to have it removed, but it doesn’t mean that it’s not on our radar. He agrees
that it’s been a while, but we did get into a contentious discussion regarding 777 Gibson, and we took
action that we felt was appropriate, ultimately acquiring the property through Mr. Fornell and is still a
matter we are working on.
Councilman Hauenstein understands his concerns and emotions.
Mr. Fornell said it’s especially offensive to him when he works so hard to make sure he’s within the
regulations and guidelines. If he needs help removing it, he’s happy to help.
Mr. True said we agree with Mr. Fornell on the position.
Lee Mulcahy – Mr. Mulcahy said he is grateful for many things. He said he doesn’t know why the crisis
management team didn’t take questions from the public so we can know where they were, what
airplanes they flew on, etc. There are questions, and he’s worried about his 84-year-old mom. He said
that the sheriff called what is happening to him and his home, a witch hunt. He spoke about his house
and APCHA. He asked to put a court order in the public record, and Mr. True said it’s a public record
already and doesn’t know the status of that case. Mr. Mulcahy said he is currently in the supreme court
with the Ski Co. as well but doesn’t expect to win. His freedom is in peril.
Amos Underwood – of 301 W. Hyman wants to ask about 312 W. Hyman because it has sat empty for
over a year and wants to know why we can’t we put someone in it. Mayor Torre said we are trying to
sell it. Mr. Underwood said he is surprised there isn’t a single city employee looking for housing or
anyone else in the community. Councilman Hauenstein said it isn’t up to code and couldn’t further
expand. Mr. Underwood asked to keep updated on this. Mayor Torre there has been a lot of turnover
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REGULAR MEETING ASPEN CITY COUNCIL MARCH 10TH, 2020
that has happened and there’s been more negotiations going on and more than just trying to sell it. He
said he’s happy to look into it and it isn’t their first choice to let it sit empty.
COUNCILMEMBER COMMENTS:
Councilman Hauenstein expressed a level of comfort and confidence in management handling the
Covid-19 virus. He witnessed them in action at the X-Games. He is impressed with the level of
confidence. He doesn’t want people to panic, but just take measures that have been pointed out. He
reminded people to text c virus to 888777 to get on Pitkin alerts for updates. We’ll get through this.
Councilman Mesirow said please don’t panic but do prepare. Remember that you’re protecting yourself
and others.
Councilwoman Mullins said she appreciates the group being here. She said Karen’s explanation was a
very even-tempered explanation that does not lead to panic. She said the messaging system has been
great. The government has issued a state of emergency for Colorado, but it is not to scare people, but
just to be first in line to have the resources we need. Good for him for being proactive.
Councilwoman Richards asked if we might have some time on an upcoming work session with a request
from the housing board. it’s a matter that she and Skippy disagreed on for the housing board. The
request is to be able to increase the resale price of single-family homes. She supports the goals and said
we don’t have a capital reserve program on single family homes. This is going to take a lot of diligence
and thought. This is an issue for them to check in with council on before it comes for a final vote with
APCHA.
Councilwoman Mullins said she supports having a work session on this as well.
Mayor Torre said he’s supportive of a work session. He asked if this is the appropriate venue to have
this discussion and forward comments to APCHA. Ms. Ott said it wouldn’t be appropriate to forward to
the APCHA board, but to your voting members and have them pass on. It is appropriate for the council
to have this discussion. She said this convo is very timely and she will inquire on APCHA’s staff ability to
come present to council.
Mayor Torre said that tomorrow night at the Limelight is a climate action modeling exercise from 6-7:00
p.m. and will be a panel discussion regarding Roaring Fork Valley resiliency. After, head to the Wheeler
for comedy with Paula Poundstone on Thursday.
AGENDA AMENDMENTS: None.
CITY MANAGER COMMENTS:
Ms. Ott thanked the incident management team who showed up tonight. She wants to make everyone
aware of an advisory that came out from Pitkin County public health today. There are a lot of inquiries
about hosting events or gatherings. The advisory is addressing making these choices and how to use a
guide from the CDC. These are the same guidelines that city staff will also use. We are making internal
preparations regarding staffing, etc. and we will follow up offline. Next Tuesday is the joint meeting
with the BOCC commissioners. We will be talking about Covid-19. The BOCC also updated their goals
for 2020 and would like to share those. She said to let her know if you have other thoughts or plans for
this meeting.
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REGULAR MEETING ASPEN CITY COUNCIL MARCH 10TH, 2020
Councilman Hauenstein asked about the city of Aspen declaring a state of emergency. Ms. Ott said
there are misconceptions about declaration. Your needs are beyond local means. I think we will wait to
see what the test results are. The mayor and manager have the ability to make a declaration, which
council can approve or deny in an extension of the resolution. A declaration also enacts the emergency
procurement provisions of the city to obtain resources more quickly and she can then report to council
on the expenditures. Either position has the authority to make the declaration; mayor or manager.
BOARD REPORTS:
Councilwoman Richards said the Northwest Council of Governance Water will be having their meeting
virtually this Friday. She has a conflicting meeting. Friday is a Club 20 meeting for her. Councilwoman
Mullins said she and Torre were down in Denver at the CAST meeting and she will let Torre speak about
it. Regional POD is tomorrow, and RFTA is Thursday. Mayor Torre said at the CAST meeting, they
received a legislative update from Kevin at CML. They had a professor from the University of Colorado
who spoke to them about statewide economics in regard to ski counties. He will share the talk with
everyone once it’s available to us. He shared some amazing data.
CONSENT CALENDAR:
Councilman Hauenstein pulled Resolution #013, which was Councilwoman Mullins choice as well.
RESOLUTION #013, SERIES OF 2020 – Pete Rice and Jack Dannenberg of the City of Aspen Engineering
Department
Councilman Hauenstein said he is intrigued with the porous pave and asked if it will be used. Mr. Rice
said the one in front of the affordable housing, they will have to have a separate discussion on and are
trying to find a test case for it. Councilman Mesirow asked for the benefits of this and Mr. Dannenberg
said we are trying to decrease impervious area to decrease the run-off pollutants that make it to the
river.
Councilwoman Mullins asked about the experiment we did right outside of City Hall. Mr. Rice said we
have a couple places by the bus stop and the Galena Plaza roadway and said this is a little different.
Councilwoman Mullins said she would like another work session to take a look at sidewalk master plan,
which was first developed in 2003 and perused in 2015. We should really decide if we want urban
character downtown. She would also like to see the “safe routes for kids” program implemented.
Trish Aragon, City Engineer, said we use this plan to decide if a development needs a sidewalk. We used
this plan to find where there are gaps in the sidewalks and where the city should step in to fill those
gaps. To look at a deferred zone is a bigger issue. There are people on both sides of the table, who want
sidewalk and don’t want sidewalk. We can have an open community discussion.
Councilwoman Richards said maybe it’s just a refresher for the council.
Councilwoman Mullins said she would like a bigger community discussion. She also asked for
Engineering’s work plan review and Ms. Ott said it’s scheduled for May 5th.
Councilwoman motioned to approve the consent calendar; Councilwoman Richards seconded. All in
favor, motion carried.
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REGULAR MEETING ASPEN CITY COUNCIL MARCH 10TH, 2020
CALL UPS: 234 W. Francis – Conceptual Major Development, Setback Variations, and Floor Area Bonus
Sarah Yoon
This was seen by HPC on November 13th and an approval was given February 12th. There is a two-story
historic Victorian on the property and a one-story miners cabin. Restoration work being proposed and
the removal of non-historic additions and details. The applicant is eligible to receive up to a max of 5000
square foot bonus. Staff recommends council uphold HPC’s decision. HPC had a unanimous 6-0 vote.
Councilwoman Richards said she is not interested in calling this up.
Councilwoman Mullins noted that the fence was designed by Bayer.
201 E. Main Street – Minor Development, Commercial Design, GMQS, Relocation, and Setback
Variations
Sarah Yoon
HPC reviewed this proposal on September 11th, 2019 and was continued for restudy. The applicant
provided a completely redesigned project, which was presented on January 8th. Ms. Yoon continued to
explain the project and said that HPC voted unanimously in support and staff recommends that HPC’s
decision be upheld.
Councilwoman Richards is not interested in calling this up and Councilwoman Mullins agreed.
320 E. Hyman Avenue – Wheeler Opera House – Minor Development Review, Commercial Design
Review
Amy Simon
Ms. Simon explained the freight elevator replacement and the mechanical equipment on the roof, which
is a chiller that needed replacing and was an emergency action and the addition of solar panels to the
roof. HPC approved this project, 4-0. Staff is asking to uphold their decision.
Mayor Torre asked about benefit and capacity. Ms. Simon said there is a complete analysis in the packet
application, but they will see a 12% offset of annual demand and $240,000 in REMP fees.
Councilwoman Richards has a hard time wanting to see these on historic buildings but accepts why. The
hesitation is because she wants to see the full structural engineering before adding more weight to the
roof.
Scott Miller said he’s been involved in all renovations going several years back and nothing has been
added without a complete structural analysis. We wouldn’t’ touch it without a structural engineer telling
us it’s ok.
Councilman Mesirow said he gets the historic structure, but he really enjoys the solar approach and
protecting where we’ve come from and where we’re going.
Mayor Torre asked about city of Aspen power and adding solar and how this integrates. Mr. Miller said
this is for offsetting electrical use and is really an efficiency measure.
Councilwoman Mullins said the panels are appropriate
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REGULAR MEETING ASPEN CITY COUNCIL MARCH 10TH, 2020
Councilwoman Richards said she is not interested in calling this up and she appreciates HPC’s hard work.
Mayor Torre suggested a five-minute break.
ORDINANCE #03, SERIES OF 2020: First Reading – Adoption of Wireless Communications Facilities
Design Guidelines and Amendment to Land Use Code, Chapter 26.505
Ben Anderson, City Planner and Justin Foreman, Utilities Operations Manager
Mr. Anderson said this ordinance adopts design guidelines for small cell facilities for the right of way.
This pulls all of this around design out of the land use code into the stand alone document and giving
clarity to the review processes. From a previous work session, there were five topics highlighted: height,
design of luminaire, relationship of small cell facilities to street light systems, densification, adding a few
additional sites to historically designated spots. As far as height, 25 feet is the most restrictive in any
community in Colorado. On the luminaire design, the conversation was around the color of the lighting.
After the conversation with council, we went back to P&Z and HPC, and both groups were concerned
with the historical properties in town. Staff wants to protect what we need to protect and we have put
all 300 properties on a discouraged list. We haven’t included this yet, and saff is concerned about
neighborhoods and how restrictive this might be and trying to find a balance. We would like some
feedback from council on this.
Councilwoman Richards said we would have to include this on first reading and remove it on second
reading. You can’t go from first and expand into second.
Mr. True said the suggestion here is to get your feelings about it and move forward. It can be reduced
on the second reading. But might be hard to say on the second reading that something is prohibited.
Councilwoman Richards said maybe we can look for some more expansive language other than
‘discouraged’. It’s not a hard no for her.
Mr. True said it depends on the nature of changes. You have a lot of leeway here to modify it and based
on the public hearing that you will have.
Councilwoman Richards asked who has the discretion to choose and Mr. Anderson said it’s up to the
carrier and we are trying to put as many parameters around this as we can. We need to have a
discussion regarding ‘suggested’ and ‘prohibited’ and work arounds.
Councilman Hauenstein is concerned about a fully functioning system with the distance limits and Mr.
Anderson said, right now we’re being told that 600 feet is sufficient. This distance may change in the
future and the design guidelines are flexible to accommodate changes in technology.
The council thanked Ben and Justin for all of their hard work.
Councilwoman Richards motioned to read Ordinance #03, Series of 2020; Councilwoman Mullins
seconded. Ms. Henning read the ordinance.
Councilman Mesirow said he still thinks 20 feet is better because 25 feet is going to feel really imposing.
The height is relative to existing features and 20 feet is a more appropriate height limit.
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REGULAR MEETING ASPEN CITY COUNCIL MARCH 10TH, 2020
Mayor Torre said that staffs recommendation is 25 feet. Mr. Anderson said it’s not impossible but
related to the vendors who make these poles, 25 feet is even pushing it if you’re looking at having more
than one vendor on a pole. Taller poles give more coverage and 25 is just kind of the limit.
Councilman Hauenstein asked what our tallest light poles are in town and Mr. Anderson said just under
20 feet.
Councilwoman Richards moved to approve Ordinance #03, Series of 2020 on 1st reading with addition of
language on 300 historic properties; Councilwoman Mullins seconded. Roll call vote: Mullins, yes;
Hauenstein, yes; Mesirow, yes; Torre, yes; Richards, yes. 5-0 motion carried.
Councilman Hauenstein motioned to adjourn; Councilman Mesirow seconded. All in favor, motion
carried.
______________________________
Nicole Henning, City Clerk