HomeMy WebLinkAboutminutes.council.20220314
1
SPECIAL MEETING ASPEN CITY COUNCIL MARCH 14, 2022
At 4:00 p.m. Mayor Torre called the special meeting to order with Councilors Doyle, Hauenstein,
Richards, and Mesirow present.
ACTION ITEM: Ordinance #06, Series of 2022 – James R. True, City Attorney
Mr. True introduced the ordinance. He said the district court, in the case of the Aspen Board of Realtors
vs. the City of Aspen, issued a preliminary injunction based on the procedural issue of notice. Based on
this order, staff is recommending council consider Ordinance #06, Series of 2022, which is essentially the
readoption of Ordinance #27, Series of 2021. The court did rule in favor of the city regarding the
enactment of an emergency. We have noticed and have prepared for a second meeting during a public
hearing tomorrow at noon. One change in Ordinance #06, Series of 2022 involves a section in Ordinance
#27, Series of 2021 that addresses vacation rentals and there was no need for that to be carried over to
Ordinance #06, Series of 2022 since it was addressed and passed in Ordinance #26, Series of 2021.
City Manager, Sara Ott, requested that no questions be taken at the moment due to audio issues.
Mr. True noted that it might be appropriate to make a motion to read Ordinance #06. He said this is not
a public hearing, but special meetings do allow for public comment, so he recommends opening the
floor for public comment after the ordinance has been read.
Councilor Hauenstein motioned to read Ordinance #06, Series of 2022; Councilor Doyle seconded. Roll
call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Michael Sear, Deputy City Clerk, read Ordinance #06, Series of 2022.
Mayor Torre opened public comment.
Bill Guth – Mr. Guth said he lives on 8th street. Himself and Bob Bowden have been working on a petition
to repeal Ordinance #27. He brought some petition books with him that they were prepared to turn in
this week. We worked really hard on this and 35% of the voters in the last election are telling you this is
a bad idea. He has participated in the focus groups, and he’s tremendously disappointed. His faith is
being eroded in this government and damage is being done by this action. He’s pleading to not make
this mistake twice.
Kim Raymond – Ms. Raymond said she agrees with Bill Guth. We all realize there are serious issues that
need to be addressed and some of the goals you have outlined, you have been working on for a very
long time since 2012. She wants to know the agenda to have actionable items. She agrees with Bill that
the best way to accomplish supporting the community is not by reenacting this moratorium but reach
out to us and have us help you accomplish these goals.
Mayor Torre closed public comment.
Councilor Richards asked Mr. True to explain the process of passing this on the first reading. Mr. True
explained an emergency ordinance needs a passage at two meetings. Today would be the first passage
and at tomorrow’s meeting, will be the second passage and would go into effect immediately if that is
the wish of this council.
Councilor Hauenstein asked if it would be appropriate for council to repeal Ordinance #27, Series of
2021. Mr. True said he does not advise that.
2
SPECIAL MEETING ASPEN CITY COUNCIL MARCH 14, 2022
Councilor Hauenstein said his reasons for supporting Ordinance #06, Series of 2022 are the same
reasons he previously gave for supporting Ordinance #26 and #27, Series of 2021.
Councilor Richards said it’s her belief that the work necessary to accomplish code revisions sufficient to
bring our code in greater alignment with the Aspen Area Community Plan, need to be realigned and she
will support this going forward.
Mayor Torre said he believes in the judge’s ruling in supporting the emergency nature, but he disagreed
with the judge’s ruling on a defective process. He is also supportive of moving this forward to tomorrow.
Councilor Richards motioned to approve Ordinance #06, Series of 2022; Councilor Mesirow seconded.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Councilor Richards motioned to adjourn; Council Hauenstein seconded. Roll call vote: Doyle, yes;
Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
_____________________________
Nicole Henning, City Clerk