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HomeMy WebLinkAboutminutes.council.regular.20210914 1 REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 14, 2021 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle and Hauenstein in person and Councilor Mesirow and Richards via WebEx. PUBLIC COMMENT: Andrew Coopersmith – Mr. Coopersmith said he is here commenting on the traffic in the west end. He said the traffic is terrible. He would be really appreciative if you could do something about it or help out. Mayor Torre asked if it’s improved over the past week and Mr. Coopersmith said he didn’t know. COUNCILMEMBER COMMENTS: Councilor Mesirow said he had a head cold last week and tested negative for COVID but has been sheltering in place. Councilor Richards said our local community is trying very hard to protect itself. But we have thousands of guests not taking the same measures. This is very concerning to her. Those of us who have done the right thing are now being punished because other people are refusing to get vaccinated and wear masks. Councilor Hauenstein said he brought a rose for lieutenant Kenneth Palin from battalion 32 for recognition 20 years ago on 9/11. There were moving speeches at the fire station this past Saturday for the memorial. We should never forget, never take tomorrow for granted, never miss the opportunity to love. Be grateful for every day. He was also at Food & Wine for a couple events and masks were scarce. He appreciates our guests but please vaccinate. If you won’t vaccinate, wear a mask, if you won’t do either, go home. Vax, mask or stay home Be respectful of other people’s lives. Councilor Doyle said he has been keeping a close eye on Telluride housing since the CAST meeting. They’ve been discussing increasing fines. Three strikes of violating short term rental rules and you’re out. Electric car chargers will be required by law in new England as soon as 2022. They are proactive in regard to electric vehicles. Mayor Torre said it was a great 9/11 service that took place this past weekend. It was a moving and touching ceremony. Ward said it well about what it made us all think about. This is an opportunity for us to come together as a community and move forward with hope. Make sure to show your appreciation for our law enforcement. A mask mandate is anticipated this Thursday here in Aspen. There is one more week of meetings and data to look at. He’s asking for the community to abide by the mask mandate. This is not just about COVID, there are other viruses going around right now, so this is another way to stay healthy. We at the city, are improving our grant program process. We are taking grant volunteers currently. At the Wheeler Opera House this Friday, Dance Aspen will be performing. These are professional and fantastic dancers. Aspen Film is all next week and has some amazing film offerings. Aspen Strong is having their Hike Hope and Heal event on September 25th at 11 am. There is a $40.00 registration, and this will support an outstanding organization. Councilor Richards also mentioned that October 1st from 8:30 am – 3:45 pm, is the Colorado River District annual seminar in Grand Junction. AGENDA AMENDMENTS: None. CITY MANAGER COMMENTS: None. 2 REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 14, 2021 BOARD REPORTS: Councilor Hauenstein said the 4th of July committee met with AVSC and Aspen Junior Hockey. It would be really cool for them to join forces. There is talk of bringing back the bbq and having a concert of some kind. Also having a CCLC meeting tomorrow morning and a CORE meeting on Thursday. Councilor Doyle said the Nordic Council is tomorrow. Councilor Mesirow said APCHA passed some truly meaningful regulations last week. They have officer elections at tomorrow’s meeting and looking at the budget. CONSENT CALENDAR: Councilor Hauenstein motioned to adopt the consent calendar; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. PUBLIC HEARING: Resolution #068, Series of 2021 – Aspen Art Museum Temporary Use permit - Michelle Bonfils Ms. Bonfils said the location is at East Hyman and South Spring Street on the north façade. These permits are for 180 consecutive days. She went through the review criteria for a temporary use permit. The installation will be 46x98 feet approximately with inflated elements which will have blowers. The blowers should make the same amount of noise as an air conditioner. She explained the noise and light impact, and the municipal code standards. She said the installation will go from April to October and staff recommends approval. Luis Yllanes, CEO for the Aspen Art Museum, said thank you for considering this proposal. This was continued from our original date, and we appreciate that. He introduced the team that was present. He also thanked the artist, Gaetano Pesce. Nicole Lees, Director for the Aspen Art Museum, said Gaetano Pesce is an Italian artist who has long history with city of Aspen. His first trip to America was in 1971 when he came to Aspen for a design conference. He moved to the US and has lived in New York City ever since. He’s going to be 82 on November 5th this year. This will be his last substantial project as an artist. This project has been involved with the Minister of Culture, who has awarded them a 100-pound grant for this work. He is in the New Yorker today in a 9-page spread talking about his work. Mr. Yllanes said the scale of this project has international significance. He showed many examples on screen and said it covers the whole façade on the mountainside. Council discussed. Mayor Torre opened public comment. Teresa Booth Brown – Ms. Booth Brown said she is an artist and educator in the community, and she is here reporting feedback. She has heard a lot of positive conversation about how this will be something people can come visit during a time of isolation. This will be more accessible outside for people not wanting to go into the building and connecting individuals with the community. This is something Gaetano loves doing. 3 REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 14, 2021 Sam Harvey – Mr. Harvey said he is an artist and gallerist here in town and mentioned how dynamic this makes our community and how much attention it will bring internationally. He’s very excited about this. Public comment closed. Mayor Torre raised a couple of concerns with noise abatement and the lighting issue. He asked about setting up parameters on what hours would be. Sara Ott suggested that they let staff figure out these details with the applicant. Ms. Bonfils suggested working on a lighting and noise plan prior to construction. Councilor Hauenstein said those were his concerns, but he feels satisfied and he’s excited about this. It will be fun. Councilor Doyle said, as an artist, he is super supportive for communities around the world to be able to see art without having to enter the museum. All of his concerns have been addressed. He’s bummed about the blowers but appreciates that they will be shut down at night. He read the New Yorker article this morning and is excited that this artist is coming here to display his work. This is what keeps Aspen relevant. Councilor Richards said she agrees with the flexibility on hours. She’s wondering if they are looking for a carbon offset and said it’s fairly minor to work with CORE or someone to do this. She feels the conversation is a little loosy goosy as to what we are asking for staff to put into this permit going forward. Ms. Ott said she has a good understanding and can work with staff on this. We feel comfortable with the lighting energy and noise mitigation plan. We have a recommended amendment to add to the resolution. Councilor Doyle motioned to approve Resolution #068 including the amendment. Ms. Bonfils read the amendment. Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre. 5-0, motion carried. EXECUTIVE SESSION: City Attorney, James R. True, introduced executive session. Pursuant to C.R.S. Section 24-6-402 (4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. The specific items of discussion involve the following: Receipt of legal advice from the City Attorney and the City’s independent water counsel regarding the status of City water rights, pending and anticipated future water court proceedings, with consideration of climate change and Colorado River administration impact. Pending cases subject to discussion include Case Nos. 19CW3061 (Starview), 19CW3159 (Aurora), 20CW3139 (Upper Midnight), 20CW3188 (WarDen), 21CW2049 (COA), 21CW3050 (COA), and 21CW3082 (153 LLC). Specific subjects of future water court proceedings include the relocation of City storage rights on Castle and Maroon Creek pursuant to stipulation in Case Nos. 16CW3128 and 16CW3129, and other potential actions that cannot be disclosed without compromising the City’s rights or the rights of potential partners in such litigation. 4 REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 14, 2021 Councilor Richards motioned to move into executive session; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. ______________________________ City Clerk, Nicole Henning