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REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 8TH, 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:
Miller Ford – Mr. Ford said he is an Aspen resident and is part of a 12-step recovery fellowship in Aspen.
He said they typically operate under anonymity, but unfortunately, he had to break that this past week.
He has gone to the county and now he is coming to the city to be allowed groups greater than 10, and a
space, to hold their meetings.
Mayor Torre thanked him for coming forward.
Ms. Ott said they are aware of the request and are working to meet the request and are looking at the
Red Brick as a potential meeting spot.
Austin Weiss said he is working closely with Sara Roy at the Red Brick and they have recently opened up
the conference rooms over the past month for different uses.
Councilwoman Mullins thanked Miller for coming forward with this as it’s an important group. She
hopes we can get it worked out ASAP considering the change in the weather.
Mayor Torre brought up the library and Miller said the library is considering it currently and it’s an ideal
spot for them to meet and he will wait to see if that passes. Mr. Ford thanked council for their help.
Lee Mulcahy – Mr. Mulcahy said he is grateful for many things. He said there is a homeless call on Friday
and sometimes Ward participates. He said the encampment faces eviction. He is bringing this to
council’s attention because St. Mary’s can’t house the homeless this winter. He mentioned he’s never
been able to get onto a citizen board. He said congrats to Skippy being voted into APCHA and the
governor’s eviction committee. He said on September 23rd at 9 a.m. online is his appeal in court. They
can’t lose or give up.
Mayor Torre asked about the encampment and if Lee is supportive of letting it stay there. Mr. Mulcahy
said that since they don’t have access to indoor shelter, they should not be evicted.
Shawn Cox – Ms. Cox said her comments are in regard to Lee Mulcahy’s case, and that they would really
like to settle this. She owned a large apartment building in Los Angeles. She always tried to help her
section 8 tenants. She would think that the government entity would try to help their citizens to stay in
their homes.
COUNCILMEMBER COMMENTS:
Councilman Hauenstein said it’s snowing out and to drive safely. He’s looking forward to another season
of the Colorado Avalanche.
Councilwoman Richards said the election is drawing closer and closer. She’s here to say to check your
registration on Pitkinvotes.org to update records as necessary and to make sure they have a current and
accurate mailing address. It’s the most important thing you can do.
Councilman Mesirow said that Aspen is still behind on the census. Please fill it out. Please everyone also
vote and talk about voting. There hasn’t been a more consequential election in our lifetime.
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REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 8TH, 2020
Councilwoman Mullins had the same message regarding the election and the census. She mentioned
that she does food distribution every Wednesday morning and said there are still a lot of families in
need right now. Phillip Supino said the census deadline is still September 30th.
Mayor Torre had the same message regarding the census and voting. 2020census.gov is where to fill out
the census and it’s simple to log in and fill it out. There is a weather watch tonight, so please be careful
on the roads. This is a great week to lay low after Labor Day since COVID is still around.
CITY MANAGER COMMENTS: None.
BOARD REPORTS:
Councilman Mesirow said in the last APCHA board meeting, they spoke about hiring the second hearing
officer.
Mayor Torre said there was a Board of Health meeting last week, which saw them dealing with children
returning to school, testing, etc. He may have an impromptu CAST meeting next week.
CONSENT CALENDAR:
Councilwoman Mullins pulled Resolution #072 and asked if the original contractor rebid the project and
PJ Murray said no. Mayor Torre asked what the term of the project is and Ms. Murray said it will take
between 20 and 25 days.
Mayor Torre pulled #078 and said it’s a large contract and he wants staff comments on the cost.
Chris Everson said there is still a large civil engineering project at hand, landscaping, irrigating, utilities,
etc., which is why the project cost is so high.
Councilman Hauenstein said he’s comfortable with this.
Councilwoman Richards motioned to approve the consent calendar, Councilwoman Mullins seconded.
Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
PUBLIC HEARING: Resolution #076, Series of 2020 – Vacation Rental Licensing
Phillip Supino introduced the resolution and explained that it says the council is open to a conversation
and the conversation can take place when the ordinance is read.
Mayor Torre said we are asking for all vacation rentals to be tracked. He asked about each property
having its own business license and about batch reporting.
Councilman Hauenstein motioned to approve Resolution #076, Councilwoman Richards seconded.
Mayor Torre opened the public hearing.
Councilman Hauenstein and Councilwoman Richards withdrew their motion and second.
Public Comment:
Tricia McIntyre – Ms. McIntyre said she is with Aspen Luxury Vacation Rentals. She said she thought this
had been talked about already for Condo Hotels and doing batch reporting. She said the most important
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REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 8TH, 2020
question is related to sales tax. Every property should have a sales tax number related to it and several
places aren’t charging sales tax at all. She said her business is at a disadvantage because someone can
book with AirBNB or VRBO for cheaper because they aren’t charging sales tax.
Donnie Lee – Mr. Lee is the General Manager at the Gant. He is lending his support to the resolution.
This is a great first step in getting our hands around the market that is out there and not abiding by
regulations. He’s interested in a bigger conversation but wanted to lend his support tonight.
Councilwoman Mullins motioned to pass Resolution #076, Councilwoman Richards seconded.
Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
ORDINANCE #13, SERIES OF 2020 – Vacation Rental Code Amendments
Mr. Supino gave a reminder of the current vacation rental regulations in the City of Aspen. Pete
Strecker went over financial considerations. On February 24th, council gave direction and support for
need for business license and tax compliance, need for better permitting, minority supported exemption
for private properties under management company, majority supported exemption for Condo Hotels.
Ordinance #13 would require individually addressed properties to obtain a business license and vacation
rental permit, defines Condo Hotel and exempts Condo Hotels from individual Business License and
Vacation Rental Permit requirements. Staff recommends approval of the ordinance.
Councilwoman Richards motioned to read; Councilwoman Mullins seconded. Roll call vote: Hauenstein,
yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
City Clerk, Nicole Henning, read Ordinance #13.
Councilwoman Mullins motioned to approve Ordinance #13, Councilman Hauenstein seconded.
Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
ORDINANCE #14, SERIES OF 2020 – Isis Theater Building – Debt Refinancing
Mr. Strecker summarized this ordinance and recommended approval.
Councilwoman Richards motioned to read, Councilman Mesirow seconded. Roll call vote: Hauenstein,
yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Ms. Henning read Ordinance #14.
Councilwoman Richards motioned to approve Ordinance #14; Councilwoman Mullins seconded. Roll call
vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
ORDINANCE #15, SERIES OF 2020 – APCHA Units
Mr. Strecker explained that this is for new software for APCHA and a million dollar increase for
repurchase of a single family unit in Burlingame.
Councilwoman Richards motioned to read Ordinance #15; Councilwoman Mullins seconded. Roll call
vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Councilwoman Mullins motioned to approve Ordinance #15, Councilman Hauenstein seconded.
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REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 8TH, 2020
______________________
Nicole Henning, City Clerk