HomeMy WebLinkAboutminutes.council.regular.20200714
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REGULAR MEETING ASPEN CITY COUNCIL JULY 14, 2020
At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilmembers Richards, Mesirow,
Mullins and Hauenstein joining via video conference.
PUBLIC COMMENT:
Mark Friedberg – Mr. Friedberg said all of us are very aware of what’s going on with COVID. His concern
is he doesn’t believe we are acting concerned enough here in Aspen. We need to ask that people are
wearing masks in the core at all times. There are not a lot of people respecting the mask law. People are
driving in much more than ever before and we will have a problem that can’t be solved domestically. He
wants council to think about being more aggressive. He has never had this scenario before.
Shawn Cox – Ms. Cox said she is speaking on behalf of Lee Mulcahy’s case. She said to deprive someone
of their house and home without allowing him time to defend is not justice. Read a letter regarding the
case.
Lee Mulcahy – Mr. Mulcahy said he is grateful for many things. He spoke about his case with APCHA.
COUNCIL COMMENTS:
Councilman Hauenstein said that aerosols are staying in the air and said he has asked Karen Koehnman
about the ability to impose a mask required zone for the core. This is totally as public health issue, not
authoritarian. We’ve seen a spike.
Councilman Mesirow said that face coverings are just one important piece and wants to remind
everyone that there are 5 commitments.
Councilwoman Mullins said she is supportive of Ward and requiring masks in the core period. She thinks
we should move ahead with this. She also has some giant yard signs around too and if anyone needs
one, she has some. She brought up the buskers in Basalt and said a performer has to be 25 feet from the
audience in an outdoor space. Maybe Aspen can consider more of this for the mall during these COVID
times. She explained to Councilman Mesirow what busking is, mimes, comedians, singers, etc.
Councilwoman Richards said she supports masks in the core but questions whether people visiting
realize what we mean by the core. She would like council to write a letter to Governor Polis requesting a
statewide mask order. Councilwoman Mullins said she is supportive. Councilman Mesirow said he would
like to have more information and Councilman Hauenstein said he is supportive of the idea.
Mayor Torre said he loves the yard signs and asked if they have more. Ms. Ott said we can get more
produced and there are a few more around. She said that CDOT controls what can be placed in the right
of way and we are working with them to place along the highway and in places which Torre mentioned
and we are continuing to try and work with them on placement of more messaging. Ms. Ott said they
are partnering with the US Forest service for signs to be in the Maroon Bells area since it’s a heavy traffic
area as well. Addressing Councilwoman Mullins question about busking, there are a couple big
differences. The Basalt market is in Eagle county and they have a gathering size of 150, which is larger
than Pitkin county. An introduction of live music to the Saturday market, would turn this into a special
event and there are drawbacks of adding this aspect. It would be much more limiting, and currently, we
don’t have to count the vendors in the group size head count. We can explore this further with Pitkin
county, but we don’t want to encourage this activity in the core. She said it’s valuable to look at what we
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REGULAR MEETING ASPEN CITY COUNCIL JULY 14, 2020
can add back for the locals when it’s more of a down time for us and bring back a few things at that
point. She said she has a draft of a letter to Governor Polis that she can circulate for council to read
regarding timing and distance and a lot of exceptions. We can go over how strong you want to be in the
language. If council wants to have a conversation, we will draft a public health order and provide some
guidance on what the zone would look like and some enforcement action to consider all three parts. We
could get this out early for public input and look at the calendar for next Monday or Tuesday.
Mayor Torre said that mask mandates aren’t our favorite thing. This comes down to each one of us for
containment and requires cooperation. A vast majority of businesses are working hard, but customers
aren’t working as hard. Family and friend gatherings have some of the highest submission rates. Let’s
keep our group sizes smaller. We are on the edge of continuing a successful summer, so let’s keep up
with our vigilance.
AGENDA AMENDMENTS: Mayor Torre mentioned that we added a resolution for the water shortage to
action items.
CITY MANAGER COMMENTS:
Ms. Ott said there is a Lift 1 update in the info only packet. The project is moving forward, and we are
confident we have a good plan moving forward. We are reminding council of the stage 1 fire restrictions.
Be careful especially with evening winds, as we don’t want to add wildfire to everything else. Regarding
COVID in the Roaring Fork Valley, there has been an uptick in cases in Pitkin county, Eagle and Garfield
counties. In Pitkin, there are four new cases a day, and Garfield is at 15 a day. This includes how the
state looks at data of counties. Over the last two weeks, we are all experiencing a case rate that is too
high. This goes back to personal accountability. The testing is still available to those that are
symptomatic. Some labs are taking too long for the box it in strategy, and this is important, with the
delay, we need to have people comply with the orders and that has been challenging. There are 24
individuals who have received isolation orders as of today and there are 60 people with quarantine
orders. We need people to comply with these orders. Ms. Ott said we may have to look at stronger
social distancing. There are conversations happening that are in early stages and need to be developed
so we all have clarity. This Thursday is a public health community meeting and the focus will be contact
tracing and isolating in terms of the box it in strategy. The county will also make this a valley wide
conversation to discuss interrelationship from 2:00-3:00 pm.
BOARD REPORTS:
Councilwoman Mullins said she had a RFTA meeting last week and they are continuing phase 5 and
making additional modifications to increase ridership and service. This is very data driven. She is going to
the CORE meeting next Thursday.
Councilman Hauenstein said that Ann chaired the RFTA meeting and did a wonderful job.
Mayor Torre said the next Board of Health meeting will be two Tuesdays from now.
Councilman Hauenstein said there is a CCLC meeting this Wednesday.
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REGULAR MEETING ASPEN CITY COUNCIL JULY 14, 2020
CONSENT CALENDAR:
Councilwoman Richards motioned to pass the consent calendar in its entirety, Councilwoman Mullins
seconded.
Mayor Torre said he appreciates Sara following up on the Eagle county piece of this.
Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes.
ORDINANCE #09, SERIES OF 2020 – Water Efficient Landscape Ordinance
Tyler Christoff summarized the ordinance. No changes were made to this from the first reading.
Councilwoman Mullins thanked staff for their hard work on this.
Mayor Torre opened the public hearing.
Mayor Torre closed the public hearing.
Councilwoman Mullins motioned to pass Ordinance #09, Series of 2020, Councilwoman Richards
seconded.
Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes, Richards, yes; Torre, yes.
ORDINANCE #02, SERIES OF 2020 – 949 W. Smuggler St. Lot Split
Phillip Supino ran through the highlights and said this was a COVID casualty due to it being continued so
many times. The requirements for a lot split are given in exhibit A in the packet. Staff is recommending
approval of Ordinance #02.
Applicant Presentation: Chris Bendon of Bendon Adams
Mr. Bendon showed the parcels on screen and gave a summary of what they are asking for. He
mentioned a “fathering parcel” in two of the sections as if it is one of the existing lots, so we’d like to
have those references stricken. There was an earlier conversation regarding easements and there was a
concern by staff that the right of way would be interpreted as a subdivision creating lots on either side.
He said it should be only treated as one lot.
Mr. Supino said staff has no issue with striking “fathering parcel” in sections 1 and 11.
Councilwoman Mullins verified that after two months, they will come up with a building envelope. Mr.
Bendon said the proposed envelope is part of the ordinance that they would be adopting.
Mr. Supino said changing the title of the lot splits is fine with staff and the second parcel ID is to remain.
He said the connecting line across Power Plant Rd. being added to the plat is ok with staff and has no
objection especially since section 8 clarifies this. He said the language in section 10, regarding the sheds,
would allow the ongoing presence of those sheds in their current location.
Jim True said we do anticipate an easement agreement and we will agree to that the city has made
some proposed changes and are acceptable and those will be recorded. Jody Edwards confirmed that
the changes which were made are acceptable to the applicant.
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REGULAR MEETING ASPEN CITY COUNCIL JULY 14, 2020
Councilman Hauenstein asked if the shed behind the home is habitable. Geoff Hill said the shed was
built as a children’s playhouse with a couple of bunkbeds. It’s been there for over 50 years. Craig
Vandermoor said it was a chicken coop converted to a children’s playhouse and no one is living in it.
There is no running water.
Mayor Torre opened the public hearing.
Mayor Torre closed the public hearing.
Councilwoman Mullins motioned to approve the ordinance with amendments agreed upon,
Councilwoman Richards seconded.
Mr. Supino clarified the amendments to the motion are as follows: The title of the lot split as well as
changing references to Vandermoor Hill lot split, lot 2 is changed to lot 1 in section 8 and the references
to “fathering parcel” are removed from sections 1 and 11.
Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. All in favor, motion
carried.
Mayor Torre pointed out that this property is tucked over on Power Plant Road and isn’t as used as
other thoroughfares, but this parcel is something that everyone has a real keen visual on and has
enjoyed the character of for many years. He appreciates the family coming and wished them the best in
the future.
ISIS Operations and Financing – Pete Strecker and Susan Wrubel, executive director for the ISIS
Mr. Strecker said this is regarding a new operational agreement for the theatre that they would like to
have with a vendor. The terms of the new agreement include payment to Aspen Film for 15% of all ticket
sales as well as all concession profits. This agreement would take effect immediately and go through
January 2021. Aspen Film is leasing from the city and paying monthly. The new lease structure would
generate less revenue. There is a request from the vendor to have forgiveness for April rent. There is
debt service currently on the building and guaranteed by the city. There is a 2-million-dollar outstanding
debt currently. There are a couple of options included in the packet, which include refinancing the debt
service and allowing a potential sublet of the space and this allows Aspen Film to find a potential buyer.
Councilwoman Richards likes the refinancing with Aspen Film idea. It’s a huge community asset and she
can’t see selling off part of that space. She feels this is a huge asset to families and kids.
Councilwoman Mullins likes a compromise of refinancing and selling.
Councilman Mesirow’s thoughts are similar to Ann and Rachel’s. Refinancing is the smartest and
simplest answer.
Ms. Wrubel said this was in the works before COVID hit because theatres all over were having trouble as
it was.
Councilwoman Richards said she is in favor of extending the lease with Metropolitan to Aspen Film.
Councilman Mesirow seconded and is in complete agreement.
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REGULAR MEETING ASPEN CITY COUNCIL JULY 14, 2020
Mr. True said we can set the facilities board at any time and this does not need to be noticed in the
council agenda.
Mayor Torre said council is unified in its support and direction.
Resolution #061, Series of 2020 - Stage One Water Shortage – Tyler Christoff
Mr. Christoff said we are here to expedite the Stage One Water Shortage declaration presented at last
night’s special meeting. He said this has been used three times, not two times as stated in the previous
night’s memo.
Councilwoman Richards asked how they will get the message out after tonight’s meeting.
Mr. Christoff said that based on council’s message last night, we will get out some graphics out
tomorrow on social media and local media sources. We’ve approved a whole suite of media.
Councilwoman Mullins motioned to approve; Councilwoman Richards seconded.
Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes.
Mayor Torre said drought conditions are coming up quickly, so please everyone, do your environmental
best.
Councilman Hauenstein motioned to adjourn, Councilman Mesirow seconded.
Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. All in favor, motion
carried.
______________________
Nicole Henning, City Clerk