HomeMy WebLinkAboutminutes.council.regular.20201027
1
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 27TH, 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.
SCHEDULED PUBLIC APPEARANCES: Pitkin County Clerk, Janice Vos Caudill
Ms. Vos Caudill gave an election update and said she has received over 7000 voted mail ballots so far.
Early voting is in process at the Aspen Jewish Community Center and is taking place between 8:30 a.m.-
4:30 p.m. Monday through Friday and on Saturday from 10:30 a.m. - 2:00 p.m. Election day they will be
open from 7:00 a.m. – 7:00 p.m., and they will be implementing 7 foot distancing and masks. Yesterday
was the last day to mail out a mail ballot. The Basalt library is also being used this year due to COVID, but
she urged people to please be safe and vote your mail ballot if possible, instead of coming in person.
They will be reporting numbers sometime after 7:00 p.m. on election night. People can also check
pitkinvotes.com for election night reporting.
Councilwoman Mullins thanked Janice and mentioned the ballot tracking via BallotTrax. She said she
signed up for it and received a response right away. She said it’s very gratifying.
CITIZEN COMMENTS:
Peter Fornell – Mr. Fornell said he’s a longtime local Aspen citizen. He said when he built the housing
project at 500 West Main St., it was in the mixed-use zone district. When he was developing this at the
time, it was 100% an affordable housing project. He said HPC turned him down flat for his 1.2 to 1
recommendation and he got even less than 1 to 1 floor area. He went to Amy Simon at the time and was
struck down by her and HPC, so he walked away from that deal. If that had not happened, there would
currently be 5 affordable housing units on-site today. Here’s here tonight, because not only was the new
owner granted a lot split, which he was not able to get, but this also allows them to build a spec house.
Mr. Fornell said he would like to know who was in charge of giving this lot split out and asked how
council feels about the equitability of how this went down.
Councilwoman Mullins said that HPC is reviewing this tomorrow night, and she will be in attendance. Jim
True said she may have to recuse herself if she makes comments before it comes to council. She was on
HPC when the Mesa store was redeveloped.
Mr. True said he would caution council in discussing this too much further. He is happy to look into this
and discuss it more and will get more information from Ms. Simon and Mr. Fornell.
Mr. Fornell asked that council encourage HPC to continue this item tomorrow night until all the details
get straightened out with everyone.
Mayor Torre advised Pete to call in for public comment tomorrow night and ask for continuation at HPC.
Miller Ford – Mr. Ford said he is back to discuss the fact that Aspen 12-step meetings have officially
been left out in the cold. They had to meet outside yesterday. He said that council supported him when
he came to speak at the last two meetings, but nothing has been done, and they still have no long-term
solution. He asked that they don’t become the council to ignore the sick and suffering. He said they need
shelter for 3 hours a week on Monday, Wednesday and Friday.
Mayor Torre said that he and Mr. Ford have been in touch several times over the past couple of weeks.
He and Courtney DeVito have put in much effort into helping them find a space. He said they are all
2
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 27TH, 2020
concerned about this and we will continue to do outreach for this and keep looking. He’s really trying to
find solutions.
Councilwoman Mullins said that their silence doesn’t meant that they don’t support them. She said they
all do for various reasons, and they are also looking for a place for the foodbank of the Rockies currently.
She has plenty of faith that they will continue to look and find something for use.
Councilman Mesirow apologized for their lack of performance thus far. He said he 100% supports this
group. He said he would also like some clarity around this from staff.
City Manager, Sara Ott, said they’ve gone above and beyond and have bent over backwards and have
not dropped the ball, but it’s almost impossible to find space for anything right now for this group size,
which can be opened up to the public. She said they will continue to reach out and try to find something
that will work.
Lee Mulcahy – Mr. Mulcahy said he is grateful about his victory last week in the court of appeals. He is
super grateful. Mr. Mulcahy mentioned up Sonya Bolerjack being thrown out with her two children in
the winter by APCHA. He said that Skippy tried to advocate for her in the most recent APCHA meeting.
He said we should all thank APCHA’s attorney for his service along with the deputy director but said it’s
time to move on. He encouraged people to vote for Steve Child for Pitkin County Commissioner. He said
he wants peace and settlement. He said that Sonya should have been able to pay a fine instead of being
evicted. He said that regarding his own case, he will pay the fine and do community service and will
show compliance.
COUNCILMEMBER COMMENTS:
Councilman Mesirow said people need to get out there and vote and that we are so close now.
Councilman Hauenstein said to vote like democracy depends on it, because it does.
Councilwoman Mullins mentioned how hard everyone at ACRA is working to make this an ok winter due
to COVID. We heard from Ski Co and RFTA and everyone just needs to be patient, as plans change for
better or worse. Everyone is working their tails off. She reiterated voting and said there are only six days
left and the blue book is a great resource in making your decisions and clarifying issues.
Councilwoman Richards said COVID is exploding in Colorado again now and we keep having to tighten
up restrictions and lose variances that were granted. She asked everyone to remain vigilant and
continue with precautions.
Mayor Torre said voting is so important. He encouraged people to vote yes on the Gallagher repeal and
to support the tobacco tax and the school tax. He picked up where Rachel left off with vigilance and said
trends are going up. The virus still transmitting in our valley, and what we do now will determine how
we go into winter and what kinds of restrictions and regulations we go in with. He said that Halloween
holds tradition of great celebration in Aspen, but he’s asking everyone to exercise caution. These are the
days setting us up for success. He apologized for the length of the meeting last night.
3
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 27TH, 2020
AGENDA AMENDMENTS:
Mayor Torre said he will be adding an item under action items for City of Aspen holiday facility hours
during the holidays. Direction is needed for staff on what to provide on hours over the Christmas and
New Years Eve time frame.
CITY MANAGER COMMENTS:
Ms. Ott said some of our law enforcement staff has been in Grand county assisting with wildfire
management. She said these staff members are going above and beyond, and that regarding public
health, the governor made changes this past week and took the informal gatherings down to 10 people
and are limited to no more than two households. This is a short-term sacrifice for long term gain as the
Mayor said, and there are other creative ways to celebrate the holidays. The strategy on winter
continues as we are adding on the use of Wagner Park for review and discussion. On November 9th, we
will bring back a final conversation for retail right of way usage. The language in the current resolution
for tonight, is regarding restaurants only. We will also continue to work with our partners at the county,
Ski Co, etc. on testing and there has been some progress made. We will receive further information at
Board of Health on Thursday.
BOARD REPORTS:
Councilmember Richards said Club 20 held their Pitkin County caucuses last week, and she was re-
elected for the representative for Pitkin County and Tara Nelson volunteered to be an alternate.
Councilmember Mesirow said he attended Northwest COG with a report on statewide opioid issues.
They are also working to drive the conversation on fire bans. He also had APCHA last week and dove into
the first half of their workplan.
Mayor Torre said he had ACRA regarding winter tourism outlook. It was updates from various sectors
and what to expect for winter.
PROCLAMATION: Susan Arenella Retirement
Mayor Torre read the proclamation. Oct 27th, 2020 is declared as Susan Arenella career appreciation
day. Council thanked her for her 30 years of service, and she will be greatly missed. Ms. Arenella
thanked many people among her husband and she said they will still be around here in the valley.
CONSENT CALENDAR:
Councilwoman Richards moved to approve; Councilwoman Mullins seconded. Roll call vote: Hauenstein,
yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
NOTICE OF CALL UP: 611 W. Main – Kevin Rayes
Mr. Rayes said this project received conceptual approval from HPC on September 9th. It has seven
onsite affordable housing units. The purpose of the project is to generate credits, and 14.75 FTE credits
would be established. This is a locally designated landmark on a 9000 square foot lot and in the mixed-
use zone district. This received a 3-0 vote to approve it by HPC, and staff is suggesting no call up.
Councilman Mesirow said he has no issues with this.
4
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 27TH, 2020
Councilwoman Mullins said she has no interest in calling this up. It’s a really good project.
Councilman Hauenstein said he has no desire to call this up.
Councilwoman Richards said this is a good fit for the neighborhood and thanked everyone for a job well
done.
NOTICE OF CALL UP: 225 N. Mill – Kevin Rayes
Mr. Rayes said approval was received on this by Planning & Zoning on October 6th. This is located in the
neighborhood commercial zone district on a 18,000 square foot lot and has a planned development
overlay. This project is to develop an enclosed glass entry to accommodate a new elevator and stairway
and this will improve pedestrian access to the building. This will become ADA compliant, and the HVAC
equipment will also be updated. This received a 7-0 approval from P&Z, and staff is not recommending a
call up.
Councilwoman Richards said she is not interested in calling this up and thanked them for their work.
Councilwoman Mullins said she is not interested in calling this up either.
Mayor Torre said he has no desire to call this up.
PUBLIC HEARINGS:
Ordinance #16, Series of 2020 – Authorization of the Kids First Advisory Board – Shirley Ritter
Ms. Ritter said this is for the authorization of the Kids First Advisory Board, which she explained at the
last meeting, never had an ordinance signed. Nothing has changed for second reading, except she added
the members to the memo.
Councilwoman Mullins asked if she has a plan to stagger the appointments going forward and Ms. Ritter
said the current members already have three-year terms, and they will continue this as we recruit. They
will have a couple of new alternates who will interview with city council.
Mayor Torre opened the public hearing.
The public hearing closed.
Councilwoman Richards moved to approve; Councilman Hauenstein seconded. Roll call vote:
Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Ordinance #18, Series of 2020 – Emergency Mask Ordinance - Jim True
This came before you at a work session on October 12th and is set to expire next Wednesday. This will
extend Ordinance #12 to remain in effect until May 1st, 2021. He reminded council of the area covered
and allows the effective date to be immediate. Mr. True said this does not require a public hearing.
Mayor Torre opened up for public comment.
Public comment was closed.
Councilwoman Mullins motioned to approve; Councilman Mesirow seconded.
5
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 27TH, 2020
Councilman Hauenstein reinforced how important it is to not drop our guard.
Councilwoman Richards said this provides clear and consistent direction for people.
Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
ACTION ITEMS :
Resolution #090, Series of 2020 – Animal Shelter IGA for Operation of the Cheryl and Sam Wyly Animal
Shelter – Ron Leblanc
Mr. Leblanc said earlier this year, a new lease was approved by council. This is an IGA with the county
for the operations of the shelter. This document reflects the changes which council made regarding the
lease starting with $20,000 per year, the citizen board, and noticing Sachson Incorporated of any
changes to the IGA.
Mayor Torre said there are no real large changes, just a refresher. The animal shelter has been doing an
amazing job.
Councilwoman Richards gave kudos to Seth and all the dog walkers. We should celebrate this on-going
partnership. They take great care for all the animals, and she is more than happy to renew.
Councilman Hauenstein is so happy for Seth. He is pleased to extend the IGA.
Councilwoman Mullins said she is pleased to extend this as well. It’s nice that the community loves the
animal shelter and she’s happy to support.
Councilwoman Mullins motioned to approve; Councilman Hauenstein seconded. Roll call vote:
Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Holidays and Facility Hours – Sara Ott
Ms. Ott said typically, we have a celebration in December for all city staff, so we are looking at ways to
recognize staff members this year under COVID conditions. She wanted to entertain not operating on
full days on the day after Thanksgiving, Christmas Eve and New Year’s Eve. We want to maximize
employees time to spend time with family and the employee would still need to use PTO. Typically, we
stayed open on these days, but she’s asking council to have a discussion about allowing the facilities to
be closed on those days. We want to close or limit hours at the ARC, Red Brick and Ice Garden. This is a
small way to recognize all staff.
Mayor Torre said he is in favor of an early close on those days. He would love to close these facilities
completely, but some folks utilize these places on the holidays as well.
Councilman Mesirow said he is happy to support this fully.
Councilman Hauenstein said he is appreciative of all staff efforts and is in favor of this. He supports this
and values family more than anything. He is leaving this to Sara to implement as she sees fit.
Councilwoman Mullins said this is a great idea since there is no party this year. She supports full closure
on those three days to be fair to everyone.
6
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 27TH, 2020
Councilwoman Richards said she tends to side with Torre on people needing certain facilities on those
mornings. She agreed with closing early, but not fully regarding the ARC. She will continue to listen to
dialogue about closing fully.
Ms. Ott clarified the plan with council and thanked them for their input.
Councilman Mesirow motioned to adjourn; Councilman Hauenstein seconded. Roll call vote:
Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
_____________________________
Nicole Henning, City Clerk