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HomeMy WebLinkAboutminutes.council.regular.20211207 1 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 07, 2021 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein, Richards, and Mesirow in attendance. CITIZEN COMMENTS: Alia Joonas – Ms. Joonas said she is an owner of Bear Den Aspen along with Bridger Smith. She said they submitted a letter and would like to get a special permit to be able to keep their west side patio this winter. They serve breakfast and lunch, and the tables in the sun are the most popular with locals and visitors. People would still prefer to sit outside even with no distancing rules. Mayor Torre said he doesn’t want to have this conversation right now and said they need more information from staff. He thanked her and said they have the opportunity to address this at our next week meeting after collecting some information. Ms. Richards added they’ve been in retreat for the past two days. They haven’t had times to look into the implications and if it’s a single waiver. She’s not prepared to answer tonight. We need to have a little time to look at it. Councilor Hauenstein said we had a work session where we decided on ROW activation. His preference is that we don’t do one offs and let staff deal with this administratively. We can circle back on this. City Manager, Sara Ott, said this request is outside of the boundaries of the rules that were set earlier this year and council did not set rules for an appeal process. Councilor Richards said we really don’t know what’s happening with COVID this winter so we might take a look at it again. Trish Aragon, City Engineer, said that council directed us to keep the ones that are already existing and not allow anything new. Mayor Torre asked about process and asked if they have the opportunity to get more information and make a decision next week. Sara said it’s the council’s pleasure, and it needs to be equitable to other businesses. COUNCIL COMMENTS: Councilor Mesirow said they’ve been in an all-day housing retreat last couple days. He is feeling so grateful for colleagues and staff. It really sets the table to take the housing crisis head on. The framework we have laid out will provide real goals, supercharge existing housing delivery mechanisms, and introduce a new paradigm. It’s a long road to delivery but he is honored to be a part of the process. Councilor Hauenstein said this has been going on for years, and we are all channeling each other on many issues. The fabric of our community is at the forefront of our thoughts. We are very serious about this. Councilor Richards thanked all of the community members and staff who pulled together the mental health program at the Wheeler last week. This will be an on-going initiative. She has a jury duty call for Monday the 13th so she may not be at the work session that day. 2 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 07, 2021 Councilor Doyle agreed with the previous comments. What we did during the retreat will make a big impact in Aspen’s future. Our wildfire season is also now year-round. Mayor Torre thanked Linda Consuegra and Sara Ott for pushing things forward on short notice for the mental health program. He asked about next steps. We need to engage the mental health coordination team in the county and use them as the arm we don’t have. The event at the Wheeler was wonderful and he is proud of the city for putting this on. Ms. Ott said she is more than happy to reach out and the coordination team would like to engage with the council. This is an opportunity for us to review this. She’s planning on hosting a round table with people in the community for February. We’re coordinating for mental health activities this spring but are not quite ready for public discussion. This will all come out in an info only memo. Mayor Torre mentioned the Red Brick allocations from ballot question 2A and said they need to give Sara some direction. Ms. Ott said it’s now called the arts and culture RETT for its broader purpose. AGENDA AMENDMENTS: Mr. True proposed to amend the agenda for the introduction of Ordinance #27, Series of 2021, which imposes a temporary moratorium on any new land use application and building permits, and also temporarily putting a moratorium on new STR permits and will be declaring this an emergency. Mr. True said this item will be placed under Action Items and cited an amendment to item 7B. Councilor Richards motioned according to the language of the city attorney; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. CITY MANAGER COMMENTS: Ms. Ott said she hopes to see Everyone at the grand opening of the new city hall. The ribbon cutting will be at 11 am. We will be recognizing the artwork and recognizing our Bauhaus heritage. All art is available for sale and the artists will be in attendance. This is a gold lead building, which is a fantastic achievement. She encouraged city council to come for the all-staff photo at 10:45 tomorrow. BOARD REPORTS: Councilor Doyle said the Nordic Council met on November 24th and they spoke about the first grooming of the season, as well as funding for a new snowcat. Councilor Richards said we will have APCHA tomorrow night. She and John did CML this past Friday. She also had Colorado Cooperation, which is a bi-annual meeting where they spoke about the homeless issues, STR’s, and the housing crisis. She sent the slides to the other council members. She also recapped APCHA. Councilor Mesirow said they will have APCHA tomorrow. He had NWCOG last week and had a legislative update. Councilor Hauenstein said they had a CCLC meeting, and they attended the pedestrian corridor open house with ACRA and city engineering. 3 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 07, 2021 Mayor Torre has RFTA and the Board of Health this week and will share agendas when he receives them. CONSENT CALENDAR: Councilor Hauenstein pulled Resolution #115, Series of 2021 – Police Electric Vehicles. Councilor Hauenstein said he was concerned about the cost of Tesla’s and the cost of ownership and explained why he was skeptical but has come around to being supportive after doing some research. Councilor Richards said she is supportive as well. she thanked Councilor Hauenstein for his education and thoughtfulness. Councilor Doyle said he fully supports it and thanked Councilor Hauenstein for his education. Councilor Mesirow said he’s really happy to see this forward thinking move. Tesla is a little bougie but it’s a balance. Councilor Richards said the Saabs were a little bougie too. She said she missed the work session on this on Resolution #123, Series of 2021. She said it’s very comprehensive and well done. Councilor Doyle motioned to approve the consent calendar; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. ACTION ITEMS: Ordinance #27, Series of 2021 – Mayor Torre explained that we will still hear Resolution #124 and Ordinance #26. He said Ordinance #27 would still require two readings so a special meeting would be added for tomorrow night. Mr. True suggested that council motion to read this ordinance tonight and then hold the public hearing tomorrow night. It’s an emergency ordinance under the charter. Councilor Hauenstein motioned to read Ordinance #27, Series of 2021; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. City Clerk, Nicole Henning, read the ordinance. Phillip Supino, Community Development Director, said the ordinance was developed after months of discussion amongst staff, council and the community about a wide range of topics which are outlined in the ordinance. The emergency declaration is designed to create a pause whereby council and the community can consider the relationship those emergency conditions and the regulations and policies in place specific to the residential sector. Mr. Supino continued to explain the ordinance. Mayor Torre asked about people applying for STR permits and Ms. Ott clarified that people can still apply tomorrow and those permits will be extended into 2022. Councilor Hauenstein clarified that the cut off for acceptance of permit applications is tomorrow night and Ms. Ott confirmed. Councilor Richards asked what the timeline is needed for the work to be done. 4 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 07, 2021 Mr. True said that May 31st is the extension of 2022 permit. It can be extended by council action. The last time we did a moratorium, it was extended, and you also have the ability to do it. PUBLIC COMMENT: Shannon Woodruff – Ms. Woodrick said it sounds like people will be grandfathered in if they apply by tomorrow night. She asked who to apply with and Mayor Torre said the finance department. Mr. True said she would also need to apply for a business license. Alexandra George – Ms. George said she was previously told there was a moratorium when she came in and applied a couple of weeks ago. She’s confused. Mr. Supino apologized and said there was some administrative confusion and that she should be able to apply now. She asked if there will be some opportunity to talk about this in the coming month. Staff replied yes. Joy Stryker – Ms. Stryker confirmed that June 8th could be shortened or lengthened. Mayor Torre said we will work as diligently as possible, and they may not take the full six months. John Corcoran – Mr. Corcoran said he is confused about the vested rights. Mayor Torre explained that someone could apply for a new permit after the moratorium expires. Mr. True asked for a motion to approve the ordinance and set a meeting tomorrow for 7 pm for second reading and consideration as an emergency ordinance. Councilor Hauenstein moved to approve Ordinance #27, Series of 2021 and setting a special meeting for tomorrow at 7 pm; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Council took a five-minute break. Resolution #124, Series of 2021 – Short-Term Rental Policy Resolution - Phillip Supino, Community Development Director and Ordinance #26, Series of 2021 – Amending the City of Aspen Land Use Code Vacation Rental Regulations Mr. Supino said this came about after council gave direction that they had a desire to regulate STR’s, pause issuance of STR permits and make 2022 code amendments following staff analysis. He explained that Ordinance #26 would set policy direction for code amendments and direct staff to look at location, extent, operation, taxation, and permitting for development of new regulations in 2022. The ordinance would extend 2021 permits to May 31st, 2022, and allow 2022 permits until January 15th, 2022, effective date. Ideally tonight we will approve the policy resolution and have first reading of Ordinance #26. On December 14th, we will have second reading and in 2022, we will work with the community to develop new regulations. Wendolyn Whitman – Ms. Whitman said her business is Whitman Fine Properties and started in the business in 1990 and there were no private people paying sales tax and no real estate people paying sales tax. You guys showed up to the party two years ago demanding money. We have been through an administrative nightmare. The market had a boom. The craziest boom she has ever seen in 30 years. Her company alone paid you a million and 4 in sales tax last year. She said this is forcing all of those people to do their business on the black market like they were years ago. She said the moratorium is turning your back on the process you’ve created. 5 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 07, 2021 John Corcoran – Mr. Corcoran of the Aspen Alps said the Aspen Alps owners would support efforts to stabilize employee housing. This is a big deal and merits your full attention. John and Pam Fisher – Mr. Fisher said he is a resident and teacher at Aspen High School since 1970. He said they rent their private residence for short term with the intent of being able to stay here. Please consider that this is part of the reason we are able to stay here. Mayor Torre said we appreciate that and that is part of why we are doing this to support our locals and your concerns are deep in our hearts too. Ms. Fisher said they haven’t been able to get a hold of anyone in the finance department. Elizabeth Selzer – Ms. Selzer said she is an accounting professional in the rental community. She appreciates and recognizes the need for due diligence, but she feels this has been rushed and pushed like an avalanche. She said she is aware of five different properties who were issued multiple permits, so that is driving the reported number up. Outside of Mr. Strecker, she has found the city finance department to be non-responsive, rude and unhelpful. She hasn’t been contacted by anyone and has been ignored. She disagrees with the community outreach that has been done. Scott Writer – Mr. Write said the small business owners have been driven out of town. Please be careful that this proposal doesn’t destroy another class of Aspenites. They have earned their home over the years, so they are considered wealthy, but for most, it’s all they’ve got. By doing this, you will obliterate an older class of Aspenites who call Aspen their only home. We are one of the Aspen middle class who worked our way up. You only have one hometown, and there are a lot of people in his shoes. Shannon Woodruff – Ms. Woodruff said she got pushed out by an out of state developer at her previous home. She’s concerned about getting pushed out a second time. She rents her place out here and there. Ashely Chod – Ms. Chod said this is rushed and this is an ever moving and ever flowing thing. It’s a really complicated thing. We already have bookings through Food and Wine and next July. There is still a lot of confusion out there. You will cause more confusion and less compliance, and it will backfire if you put a pause or moratorium on it. Joy Stryker – Ms. Stryker asked how do you see this moving forward? What happens in the next 6 months? Mayor Torre said through work sessions. Ms. Stryker said its’ so important to have an owner- occupied category. Don’t wrap us up into the whole big pot. Robin Gorog – Ms. Gorog asked how to define a short-term rental. Mayor Torre said it’s less than 30 nights. Cindy Houben – Ms. Houben said thank you for being so eloquent. Thank you for your forward thinking and considering all various elements. She hopes everyone wills stay involved and she appreciates what they are doing. Tracy Sutton – Ms. Sutton said a lot of good information has been brought out this evening and said obviously we don’t have correct data. There are lots of things floating around out there. Use us as your greatest resources. There were a lot of knee jerk reactions today by homeowners, but we need clear information. Councilor Doyle motioned to approve Resolution #124, Series of 2021; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. 6 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 07, 2021 Councilor Richards motioned to read Ordinance #26, Series of 2021; Councilor Hauenstein seconded. Councilor Mesirow thanked everyone for coming in. He also currently owns an STR. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Ms. Henning read the ordinance. Councilor Mesirow motioned to approve with an amendment setting the limiting date of December 21st, 2021; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Council took a five-minute break. ACTION ITEMS: PUBLIC HEARING – Resolution #098, Series of 2021 – Mill Levy Adoption - Pete Strecker Mr. Strecker summarized the Mill Levy. Mayor Torre opened the public hearing. Mayor Torre closed the public hearing. Councilor Richards motioned to approve Resolution #098, Series of 2021; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes, Richards, yes; Torre, yes. 5-0, motion carried. Ordinance #23, Series of 2021 – Clarifying Tax Code Definition for Motor Vehicle Sales – Pete Strecker Mr. Strecker summarized the ordinance. Mayor Torre opened the public hearing. Mayor Torre closed the public hearing. Councilor Hauenstein motioned to approve; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Councilor Hauenstein motioned to adjourn; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. ______________________________ City Clerk, Nicole Henning