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HomeMy WebLinkAboutminutes.council.20220308 1 REGULAR MEETING ASPEN CITY COUNCIL MARCH 08, 2022 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein, Richards, and Mesirow present. Mayor Torre announced a proclamation regarding Aspen standing with Ukraine and read aloud. He introduced the Honorable Dr. John Vytautas Prunskis, consulate from Lithuania. Dr. Prunskis said the last time he spoke; Mick Ireland was mayor, and it was asked at the time why we have a Lithuanian ambassador in Aspen. The ambassador at that time was a skier and he recognized the importance of Aspen. Hilary Clinton was the Secretary of State at the time and had to sign off on that relationship. Lithuania is an ally of Ukraine for centuries and is a mouthpiece for Ukraine. This is a fantastic proclamation. Lithuania and Aspen now stand in solidarity together. Paul Marks is a resident of Aspen along with his wife Anna, who is Ukrainian. They are planning a solidarity rally this Saturday at 4:30 in Paepcke Park. Anna’s mother is in Ukraine and is too sick to travel. Paul has written two letters to the editor with a .com website for raising funding. Dr. Prunskis thanked the Aspen city council and introduced Mr. Marks. Mr. Marks reiterated the rally and thanked everyone. This is an opportunity to speak and join together for the people of Ukraine. Please wear colors of blue and yellow. We hope we can get a nice attendance. He is seeking to promote this through the local papers. Councilor Hauenstein said his heart goes out to people in Ukraine and to the courage the people have shown. Councilor Richards said thank you for being here and representing council. Her heart and prayers are with their people. Councilor Doyle said we all stand with the Ukrainian people. CITIZEN COMMENTS: None. COUNCILMEMBER COMMENTS: Councilor Doyle said he would like to share his personal disappointment with Gorsuch Haus and the way things turned out. Councilor Mesirow said he has struggled the last few years with the changing dynamics in town. He went to Big Sky this past weekend, but it really gave him perspective and appreciation for how much we have. I was reminded of how blessed we are. Councilor Hauenstein said he also felt a sense of betrayal regarding the Gorsuch Haus. A Russian developer purchased it, and we can’t do anything but express our feelings on this transfer. He skied this weekend at Hunter Creek, and it was an adventure. All of our hearts go out for Ukraine. He doesn’t have the words for it. Councilor Richards said what happened with the Gorsuch proposal is very sad. She’s very disappointed by the people who told our community that this is for the locals. We’ve all been stunned by what’s happened in Ukraine. It’s a very dangerous time for everyone. 2 REGULAR MEETING ASPEN CITY COUNCIL MARCH 08, 2022 Mayor Torre said people can choose to use less foreign supply oil right now. Drive less. As for Gorsuch Haus, he has one idea, perhaps returning some of the taxpayer money to the community would be a good idea. He mentioned mental health and a hope to keep this in the fore front of our thinking. Aspen Hope Center is 925-5858 and Aspen Strong are always available. Aspen History 101 is going on tonight at the Wheeler Opera House at 5:30 p.m. and that is a free show and then Aspen Extreme at 7:30 p.m. AGENDA AMENDMENTS: None. CITY MANAGER COMMENTS: None. BOARD REPORTS: Councilor Doyle and Mayor Torre went to CAST where they spoke about House Bill 22 and affordable housing tax credit. There is also an extended producer responsibility law being introduced later this month. He said he handed out flyers regarding our moratorium said he was thanked for providing the information. The mayor of Breckenridge thanked us for taking the lead on the moratorium and showing other cities what leadership looks like. Councilor Mesirow had APCHA and spoke about a pilot program and looking at a right sizing pilot in Burlingame 3 and limited number of units in affordable housing stock. They spoke about senior housing as well. Councilor Richards, she had a Reudi Power and Water retreat where they discussed issues that it’s facing. Councilor Hauenstein said he has CORE next Thursday, Sister Cities tomorrow night. RFTA is Thursday and CCLC is next Wednesday. Mayor Torre said he also went to CAST. Last Tuesday they had a CAST Housing taskforce workshop talking about STR’s. He has RFTA coming up as well as the Board of Health. CONSENT CALENDAR: Councilor Hauenstein pulled Resolution #024. Resolution #024, Series of 2022 - REMP Funding for CORE – John Dougherty, Interim Executive Director of CORE and Tessa Schreiner, Sustainability Programs Administrator Mr. Dougherty thanked council for their support and will be announcing a search soon for the new executive director. This resolution speaks to dollars that were previously approved and articulates what they are using the dollars for. Councilor Hauenstein thanked him for their efforts. Councilor Mesirow said he thinks this is great and the work is proceeding expeditiously. He appreciates the leadership. Councilor Richards thanked the design team on the Paepcke Transit Hub coming to fruition this year. Thanks to everyone in engineering. Mayor Torre said it’s exciting for him as well and getting greater pedestrian safety. 3 REGULAR MEETING ASPEN CITY COUNCIL MARCH 08, 2022 Councilor Richards motioned to approve the consent calendar; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. FIRST READING OF ORDINANCES: Ordinance #04, Series of 2022 - 700 Ute Avenue, Aspen Alps Building 100, Planned Development – Minor Amendment to a Project Review Approval - Alan Richman, Louise Menendez, and John with Jeffrey Barnhill, City Planner Jeffrey Barnhill introduced the item with a short presentation and reviewed the requests which included reinforcing the 100 building with steel frame, exterior renovations required by the structural upgrades, reconfiguration of pool and spa area, removal and replacement of all exterior finishes, new hardscape, and new landscaping. Councilor Hauenstein asked if the applicant and city are in agreement. Mr. Barnhill said that staff is in support of this project. Mr. Richman and the others said they are also in agreement. Councilor Richards asked about the increase of FAR. Mr. Barnhill said it’s around 400 and was within the allowable dimensions. Mr. Richman said this is not a growth project, just restoration of an older building. Mayor Torre said he will be interested in neighborhood impacts for the second reading. Councilor Richards motioned to read Ordinance #04, Series of 2022. Councilor Mesirow asked about the site plan for the pool, and if all of the foliage will be taken out. Mr. Menendez said there is a separate plan for the vegetation. Mr. Richman said there are some trees being removed but have been working closely with parks department and we’re happy to share at second reading. Councilor Doyle said he appreciates you trying to obtain Building IQ guidelines. Councilor Hauenstein seconded Councilor Richards’ motion. City Clerk, Nicole Henning, read Ordinance #04, Series of 2022. Councilor Hauenstein motioned to approve Ordinance #04; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. PUBLIC HEARINGS: Resolution #029, Series of 2022 - Aspen Mini Storage Annexation – Ben Anderson Mr. Anderson said there are a couple of actions required for the annexation process. If it’s approved this evening, the next step, will be a more typical land use process. Staff is recommending approval. On March 22nd there will be two ordinances presented should it be approved tonight. Mayor Torre opened the public hearing. Mayor Torre closed the public hearing. Councilor Doyle moved to approve Resolution #029, Series of 2022; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. 4 REGULAR MEETING ASPEN CITY COUNCIL MARCH 08, 2022 ACTION ITEMS: Resolution #028, Series of 2022 – Request to Pay Fee-in-Lieu in Meeting Affordable Housing Mitigation Requirements – Ben Anderson Mr. Anderson said there is not an availability of credits. We have projects in the pipeline. We feel this is a reasonable response to our current market conditions, we are recommending approval. Once the market has improved and we have a free flow of credits again, we can adjust. Councilor Doyle asked how long this will be in place. Mr. Anderson said there are projects in the pipeline and it’s a little unclear with staff as to how to make this more attractive and who will be the end user of those credits once the project is done. It’s going to be a bit; at least for the next year. He said there are about 40 unextinguished credits out there in the marketplace currently. Phillip Supino, Community Development Director, jumped in and said it’s critical to think about supply and demand in two different ways. It’s not just the availability of credits and the demand for credits. The credits have to come from an affordable space in town. There is a land relationship here. Councilor Richards said it’s creating a situation for the city to buy housing credits as well. This would allow others to look at a more viable proforma. She wants to see something as to how the credits expire; it’s clearly a market. It’s like the TDR program. Mr. Supino said this would not be an administrative function. We would be bringing this back on a quarterly basis. Councilor Hauenstein motioned to approve Resolution #028, Series of 2022; Councilor Doyle seconded. Councilor Hauenstein said he regrets that we are approving fee in lieu but doesn’t see any other option. Ms. Ott requested that after the vote, council give back a summary of what they are asking of staff for policy. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Councilor Richards said she’s asking to look at pros and cons of the city being able to sell credits in the new policy and she’s looking to see ways the new policy can be crafted so that the credit program does actually begin to house people in a more reasonable amount of time. Councilor Hauenstein would like discussions around the city buying housing credits and revisit what the value is for cash in lieu and continue to adjust as market rates increase. Ms. Ott clarified that this work would begin after the moratorium work has ended. Resolution #038 – 1212 E. Hopkins Avenue, Appeal of a Denied Exemption from Ordinance #27, Series of 2021 – James R. True, City Attorney, Chris Bryan of Garfield & Hecht, and applicant Noah Shore Mr. True introduced the item and said this was a denial of a request from an exemption of the ordinance 27, series of 2022. This is an evaluation of the record, and that record is before the council at this point. It’s up to council to accept an argument from the council of the appeals. There are two resolutions included: an affirmative and a negative. Kate Johnson will be representing the city and Chris Bryan is here for the applicant. Mr. Bryan said this applicant had everything ready to go and was waiting for city staff to get back with him. He spent hundreds of thousands of dollars and had a lengthy and arduous process. He was waiting 5 REGULAR MEETING ASPEN CITY COUNCIL MARCH 08, 2022 to receive a resolution and went back in the fall. The applicant, Mr. Shore grew up here and he is on WebEx and may want to say something. He wants to move back here and raise a family. All of the work that was done, will have to be redone due to the moratorium. His partner is Cynthia who is the Aspen Education Foundation Director. We are asking for an exemption from the moratorium. The appeals process allows for you to override the moratorium. This was in the works for years and that is important here and shows the good faith of the applicant. Mr. Bryan said he thinks it would be fair to let Mr. Shore speak. Mr. True said this isn’t an evidentiary hearing and that he doesn’t see the point in having Mr. Shore speak. Mayor Torre said if Mr. True didn’t have any objections, he would allow Mr. Shore to speak. Mr. Shore said he worked on this in all the right ways. He said he grew up here and was Rachel’s neighbor growing up in Hunter Creek. We hired all local architects and contractors. We let the building department take their time. He relied on us doing this in a way that didn’t offend. Only when we heard of this and some mitigation efforts were coming, then we started to push. We hear you on the community, nothing makes me more sad, but we aren’t the kind of people you want to push out of the community. He is asking for support on this appeal. Councilor Richards noted that Ms. Henning sent them an email during the meeting from Jill Shore and she addressed any comment she made regarding a higher purchase price was from sitting on the housing credits that we were discussing at a prior meeting. She hasn’t said anything about this application at this point. She said they appreciate her email but wanted to make that clarification. Ms. Johnson said the briefs are in the record and both sides have made legal arguments which set forth the code sections which are relevant for your consideration. She is reminding council that you can either affirm to deny the exemption. To reverse or modify this decision, you would need to find that the director did not afford the applicant it’s due diligence or acted outside of the authority or abused his discretion. The record is straight forward, and the application was submitted after the moratorium deadline. She’s asking for them to affirm the director’s decision. No one is asserting that Mr. Shore skirted the rules or acted in bad faith. There were many applicants just as these people, who submitted their permit after the deadline. To read something into the ordinance which isn’t there would disadvantage others who were also affected by this moratorium. Councilor Hauenstein feels there was a due process, and he doesn’t think it’s in excess of jurisdiction. He feels the decision should be upheld. Councilor Mesirow asked Ms. Johnson if what Mr. Bryan said about not creating a precedent is an accurate statement. Ms. Johnson said it would open the door to other potential people seeking an appeals process. She doesn’t necessarily agree that it wouldn’t be creating a precedent. Mr. Bryan said it doesn’t create a precedent. This is a unique situation of waiting on staff to get back to us in the fall. City Hall was in transit at that time, there were holidays, staff has other demands, but this went on for months. That is the distinguishing characteristic of this not setting a precedent. Mr. Doyle read this whole packet with great interest. He pointed out that it was asserted that the city intentionally dragged its feet. He said it’s pretty well known to anyone who lives here, that the 6 REGULAR MEETING ASPEN CITY COUNCIL MARCH 08, 2022 permitting process takes a lot of time. We were dealing with COVID, moving city offices, the holidays and staff shortages and why do we have staff shortages? Because we can’t house staff. Councilor Richards said it is hard to say no to people and to people who have been neighbors. This is a hearing about the facts, and you have to listen to the facts. She does see this as precedent setting at some level, and it is painful for her and a painful vote. She’s not seeing any reasons for overturning the Community Development Director’s decision on this. Councilor Mesirow thanked Mr. Bryan and thanked the applicants. We’re halfway through this moratorium already. He hasn’t seen anything to date that the outcome of this will be harmful. We look forward to having you in the community and in your home when the time is right. Councilor Richards motioned to approve Resolution #038, Series of 2022 upholding the decision; Councilor Doyle seconded. Mayor Torre said he has known the Shore family for a long time. This decision is based on the findings of how our staff handled the situation and whether it deserves an exemption, and he doesn’t find an absence of due process or abuse of power. He will be voting to uphold the decision of the Com Dev Director. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. _____________________________ Nicole Henning, City Clerk