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HomeMy WebLinkAboutminutes.council.20220510 1 REGULAR MEETING ASPEN CITY COUNCIL MAY 10, 2022 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Mesirow present and Councilor Hauenstein joining via Zoom. Councilor Richards was absent. Mayor Torre read a proclamation and introduced several employees: John French, Lee Liebmann, Steve Saunders, Thor Knutson, Pitkin County Sheriff Anthony Todaro, Dr. Giora Hahn, and Paige Shapiro. This group of people acted quickly and saved the life of an adult hockey league player during a game as the player went into cardiac arrest. He read the proclamation and recognized the professionals who saved the players life. Mayor Torre invited each person who was present to say a few words. Mayor Torre introduced the swearing in of new officer Ethan Oster who graduated from the police academy last Friday. His family is here. Mayor Torre swore in officer Oster. CITIZEN COMMENTS: Gordon Leddingham – Mr. Leddingham said he is humbled to be here in person in the town that his family has been in for over a half century. He is here to make a request about short term rentals. He’s owned a condo here in town for many years. His mother Norma Dahl built it in the 1970’s. She had the Snow Queen Lodge. He is here trying to live in his unit and rent it part time. He’s asking council to keep this unit short term without limitations. He is surrounded by multi lodging projects and really thinks his unit should be included in the without limitation category. Councilor Mesirow said that Gordon reached out to him, and he understood that they had missed the deadline on getting a permit. Mr. Leddingham said their permit is inactive because when COVID happened, they started renting more long term. This was a special circumstance. Councilor Hauenstein asked if they have a business license and he said yes, and they’ve also always paid tax. Councilor Hauenstein suggested they consider this as part of the extension. He’s willing to listen and understands their circumstances. It’s in a residential neighborhood. We’ll look into this and discuss with staff. He said let’s look at the proposed ordinances and take it one step at a time. Junior from Mezzaluna – Mayor Torre introduced Junior and said he is back asking to waive the $500/day fine until his hearing in June. They have an existing roof structure over the patio and are in for permit for a similar roof structure. Tomorrow morning it will be reduced to 499 square feet from 566 square feet or so. The permit they are applying for is a patio covering of 499 sq ft. they are asking to leave the structure up, but to modify it down to the new amount. Philip Supino, Community Development Director, said it’s his understanding that on the 21st, the Planning & Zoning Commission will review this request and either approve or deny on that date. If it’s approved, they would submit a building permit and then have it reviewed and issued from there. The structure would stay up and they would reuse the existing roof. Councilor Hauenstein said no one likes to say no and he has a long history of being a valued member of this community. His concern is that they are circumventing the process and his cursory look is that a street level public amenity needs to be open to the sky. He doesn’t want to go to war over this but doesn’t want to make an exception when everyone else complied. Councilor Doyle said the last time this question was before us, there were three places asking for an exception, but making exceptions, makes more complexity. He said that Jing and Mi Chola were very gracious regarding the outcome of the last meeting and Mezzaluna was less than gracious. However, he 2 REGULAR MEETING ASPEN CITY COUNCIL MAY 10, 2022 doesn’t feel good about throwing material away that is perfectly good. He will let this go forward but is not happy about it. Mr. Supino said there would be a mitigation fee, and Junior agreed that he is aware of that. Councilor Mesirow said he is in support and comfortable with the request. If it’s not approved, it’s gone the next day and that seems perfectly reasonable. James R. True, City Attorney, said it’s important for the city to treat people equally. They have an application in and a hearing set. There may be others out there in a similar position and we would need to treat them the same way. Councilor Mesirow said this is a unique situation. Mr. Supino suggested that Mezzaluna sign another temporary waiver in the event of a life safety situation, so the liability would fall on them until the structure meets our requirements. Councilor Hauenstein is going to object to this and make the rules apply equally. His heart says yes but his head and fairness say no. Mayor Torre is going to support this. He said if he’s wrong, he will be wrong. He’s ok with allowing it. Councilor Doyle said this is a tough one. He finds it hard playing favorites, but you’re promising to use the stuff that’s already there. He’s reluctantly supporting. Mr. Supino said that we will get inquiries from other businesses on private property. He doesn’t know what to say to them. He’s concerned about staff’s ability to staff the COVID program. Mayor Torre said the delineation is clear on this. It’s existing. It’s also important that they have been in this permit process for some time now. Councilor Hauenstein asked Mr. True what the proper procedure is for this since it’s not an action item. Mr. True reiterated that he doesn’t want this to be a one off. If there are others in the same position, we need to do the same for them. Staff will treat everyone who is in a similar or equal position the same. We don’t need a formal action, just understand intent and direction of staff. We will recognize or evaluate who else is in the same position. COUNCIL COMMENTS: Councilor Hauenstein, (calling in from Costa Rica), said vacations are necessary and everyone should take one. Councilor Doyle gave his climate news from today’s Guardian regarding snow and water. He spoke about Lake Powell. There is no escape from a third poor runoff year in a row. It’s beautiful outside though. Councilor Mesirow said he moved this weekend. Studios aren’t for everyone, but they are for somebody. Diversity of housing is important. He loves his new place. Mayor Torre read the Arbor Day proclamation presented by the Parks Department. Arbor Day is May 21st. A celebration will take place in Paepcke Park. Folks will need to show proof of residency for a free 3 REGULAR MEETING ASPEN CITY COUNCIL MAY 10, 2022 tree. Hot dogs and drinks are available. This will be from 9-12pm on Saturday and the tree giveaway starts at 10 am. Our community is doing very well in terms of COVID, but people out there are still getting it and getting sick from it. Please be mindful and do what you can to stay safe. He would like to recognize some community members that we have recently lost. Michael and Susie Lee and Michael Reveal. Please keep them in your thoughts and prayers. They will be missed. CITY MANAGER COMMENTS: Diane Foster, Assistant City Manager, reminded folks it’s wildfire season. We had a scare the other day, so it’s a good reminder to have a go bag ready. BOARD REPORTS: Councilor Hauenstein said they are whittling down the list for the CORE director. He said he was on a tour today in the jungle and was informed that Costa Rica has 98% renewable energy. Councilor Mesirow said he had APCHA and reviewed a variety of regulation changes. Yes, we want to consider them. They also held their first Facebook live and will also have a Spanish offering. Mayor Torre said this Thursday he has RFTA and then a Board of Health retreat. He sent the agenda to the councilmembers, so if you have comments before the retreat, please share. CONSENT CALENDAR: Councilor Hauenstein said he would like a discussion on Resolution #067. Resolution #067, Series of 2022 – Professional Services Agreement – Interim IT Director Services – Dian Foster Ms. Foster said she will be handling this for Alissa Farrell. Councilor Hauenstein asked what assessments the staff will be doing and if IT will be staying in the old building. He asked if cyber security will be assessed. Ms. Foster said the expenses can be covered under departmental savings. We do have housing in available in Water Place. Staff is working with Sara Ott on staff location. Alissa Farrell has spent a lot of time recently with the IT staff and is starting to understand where they are and what their needs are. The firm being hired, will provide interim IT support and they recommend an evaluation. Councilor Mesirow motioned to approve the consent calendar; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Torre, yes. 4-0, motion carried. FIRST READING OF ORDINANCES: Ordinance #11, Series of 2022 – Municipal Code Revisions – Trails – Matt Kuhn, Parks Director and Brian Long, Open Space & Trails Supervisor Mr. Kuhn said about nine months ago, they decided it was time to review the trail section. Mr. Long has worked with the Open Space & Trails Board and others to complete this. A special thanks to the attorney’s office for their help as well. Mr. Long said these are timeless and include: announcing as you pass, requiring bells on rental fleets, etc. and a lot of this was a long time in need. Some of it is in response to COVID regarding ebikes, etc. and a lot has to do with trail etiquette. There are changes to which vehicles are allowed on the trail 4 REGULAR MEETING ASPEN CITY COUNCIL MAY 10, 2022 system. On advisement of the city’s Open Space & Trails Board, it comes down to user behavior and not the device they are on. This code reflects that. Ranger staff is four this summer making sure everyone plays nice. Councilor Hauenstein suggested limiting speed of ebikes on the trail system. He wants to know if that could also be implemented here for safety. Mr. Kuhn said that Mr. Long spent a lot of time on foot visiting all the bike shops in town and providing them with the code and discussing ebikes. Rental fleets larger than five bicycles, we would like to continue with the trend of requiring those users to watch a safety video that ACRA produced which provides etiquette and information. Councilor Doyle motioned to read Ordinance #11; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Torre, yes. 4-0, motion carried. Nicole Henning, City Clerk, read the ordinance. Councilor Hauenstein motioned to approve Ordinance #11 on first reading; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Torre, yes. 4-0, motion carried. ACTION ITEMS: – Food Truck Discussion – CJ Oliver, Environmental Health & Sustainability Director and Philip Supino, Community Development Director Mr. Oliver said this discussion is a product of the April 18th work session regarding questions surrounding food trucks. Mr. Oliver summarized the current rules and regulations and said the current land use code only allows vending on private property and in commercial zone districts. Staff would work with selected vendors to ensure all other City of Aspen requirements are met including food service licensing, business licensing, local air quality regs, and safety protocols for the right of way. This could be very time bound. City council could amend land use approvals. This would impact only the section of town included in the City Hall campus PD. It would have to go to P&Z review and would take some time before they could enact this. Council could amend the land use code to potentially allow vending in more areas of town with similar vending. Councilor Doyle said at first blush, he was very interested in food trucks, but with what Mr. Oliver just pointed out, that it would add more work to staff and with what’s already going on, he’s not interested in moving forward with this. Mayor Torre said Councilor Richards sent him her thoughts earlier in the day. She would rather spend the time and dollars on getting Tasters open again, and she’s aware of what this might do to other businesses in town. Councilor Hauenstein said he doesn’t want to open up a PD or go through the process of the land use code. He would like to just do this for the interim. The Armory could be part of the process. We could do RFP for the Taster’s location. He’s concerned how it would affect a number of affordable food locations within a short distance to this location. Councilor Mesirow said he doesn’t want to delay moratorium work for this, but he’s excited that we are finally talking about food trucks. He’s a little deflated by Councilor Doyle and Richards, but it’s about time we do something that other communities have been doing. He said we can test it out before we go changing the code. We could have a couple different trucks, which would be welcome and overdue. He’s had two operators reach out to him directly: an antique truck with ice cream and an Indian food truck. 5 REGULAR MEETING ASPEN CITY COUNCIL MAY 10, 2022 We can seek out some creativity. He recognizes the concern with competition but said this is short sighted. Mayor Torre said they are looking for a summer season term. A food truck wouldn’t land there again, and this would just be through the summer. He would like this person to use compostables. Ms. Foster said this is a yes or no from Philip as to whether it would take away from moratorium work. Mr. Supino said they can get there from a staffing perspective. He asked if we would have limited hours and limited days and Mayor Torre said that conversation would start with the vendors and a realistic view of what that would look like. Ms. Foster asked if it needs to be affordable and Mayor Torre said yes, but he doesn’t know how to define that. She said they can do an RFP to figure out what’s available and come back to you with this if that is what we’re going to do. She said the goal is to provide affordable food options and that the police will thank you. Mr. Supino said there are three parking spaces in front of Tasters and in the event that four or more responses are received, he asked if they should fill all of the available spots. Mayor Torre said it depends on what we see for applicants. Mr. Supino asked if they would like for them to come up with a fee structure and they all agreed, yes. Ms. Foster asked about a local preference and council said yes. Mayor Torre said hopefully this will be a fun adventure and bring back some messy vitality. Hopefully this will be fun and exciting. Councilor Hauenstein motioned to adjourn; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Torre, yes. 4-0, motion carried. _____________________________ Nicole Henning, City Clerk