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HomeMy WebLinkAboutminutes.council.20220823 1 REGULAR MEETING ASPEN CITY COUNCIL AUGUST 23, 2022 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein, Richards, and Mesirow present. Mayor Torre introduced the Aspen International Mountain Foundation, who is hosting a global event here in Aspen in a few weeks and said they are here to give an update. John Starr and Karinjo Devore presented. Ms. Devore said thank you to the city who is a cohost of their upcoming event on September 26th-29th. She spoke about all the support the city is giving them. She said they will have delegates from all over the world and Governor Polis will open the program Tuesday morning along with Mayor Torre. The most exciting thing is working with staff to put together a side event focusing on regional municipalities and sustainable work that is being done. We will all learn from each other. Mr. Starr agreed and said thank you to the City of Aspen. He is excited about the co-event and spoke about the side event. He mentioned their website: aimf.org, which will direct them to Mountains Matter, which will give them information on the event. We would love to have as many locals as we can come and enjoy this. Mayor Torre congratulated them and said it’s been a lot of work. CITIZEN COMMENTS: Mike Triplett – Mr. Triplett said he said he listened to the traffic report last night about the West end. He said it was clear that there was an 85-point analysis that was concluded by the study, and several key facts were excluded. We’ve been patient about waiting for this consultation to conclude and it showed a problem. It’s now up to you guys to provide some relief. It’s puzzling that people are so resistant to try something. The stop signs put in placed helped. He feels like these vehicles are residing down valley but are not people who live in town. He said it’s the people who live in Aspen that you are supposed to be helping. Ms. Ott clarified that what she heard from council was that they don’t want to introduce a physical infrastructure in the west end at this point. Jeb Ball – Mr. Ball, Chairman of the Commercial Core & Lodging Commission, handed out a presentation to the council members regarding the living lab. He gave CCLC feedback regarding the lab and input that should be considered. Each CCLC member conducted face to face interviews with businesses in the core. He discussed the findings of their research and said there were a lot of emotionally charged responses to the questions, and he does acknowledge that. The feedback was negative overall. CCLC wants to be a part of reimagining parking in the core. Mayor Torre thanked him and said this is a lot more work than CCLC normally does, and we appreciate your presentation. COUNCIL COMMENTS: Councilor Doyle said we are all aware of the drought conditions. He spoke about Mexico and Chile. He spoke about water levels and the use of more energy than ever before. These droughts are getting more commonplace and hotter. Councilor Mesirow said thank you to the CCLC members who are here and to everyone on the board. This is a ton of work and said thank you for getting involved at the grassroots level. The feedback is pretty clear. He likes partnering together to reimagine the downtown core. We are better working on this together. 2 REGULAR MEETING ASPEN CITY COUNCIL AUGUST 23, 2022 Councilor Richards spoke about the potential for wildfire. Mayor Torre spoke about the living lab and said they will be having a discussion on that later in the agenda. He announced the Mayors Cup on September 16th and said it’s not a shotgun start, and they are offering tee times throughout the day. The Mayors Cup will be benefitting the Hope Center and Aspen Strong this year. He spoke about mental health and said it’s ok to get help. AGENDA AMENDMENTS: None. CITY MANAGER COMMENTS: Ms. Ott said she spent time with CDOT this afternoon regarding the entrance to Aspen. She gave an update on the FBO selection process for the Airport Advisory Committee. There was a fairly in depth review for the operations at the airport including nuances at our airport that are like no other. What are some limiting factors with plane type and timing. She will forward the slides on to council from the FAA. She also reminded them that they have agreed to special meetings on August 29th and the 6th of September. Councilor Richards suggested starting at 4:00 p.m. on the 6th. Ms. Ott mentioned that she noticed tonight that the Aspen International Mountain Foundation event is on Tuesday, and we had scheduled the lumberyard review for that night. We could do the work session earlier in the day or a different evening, but she’s suggesting earlier in the same day. BOARD REPORTS: Councilor Richards said they spent most of APCHA in executive session. Councilor Mesirow spoke about the Snowmass model, and said they reviewed the last years workplan and looked over the draft of the 22/23 workplan. We now have 600 followers on Facebook, so we are making progress on outreach. Councilor Richards said she has upcoming Club 20 debates on Saturday the 10th. CONSENT CALENDAR: Mayor Torre pulled Resolution #098, Series of 2022 – Civil and Electrical Design: Paepcke Park to City Market Replacement – Andy Rossello and Ryan Lobach Mayor Torre said he wants public awareness of this project and what the implications are. Mr. Rossello said this is the second phase of this project and over the next 15 years, we are replacing the entirety of the electric in the city. He mentioned disturbances and construction in the alleys, so please be prepared. Councilor Hauenstein motioned to approve; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. FIRST READING OF ORDINANCES Ordinance #10, Series of 2022 – Willoughby Ponds Subdivision: Water Service Agreement – Tyler Christoff, Utilities Director along with John Bucksbaum and Jim Curtis 3 REGULAR MEETING ASPEN CITY COUNCIL AUGUST 23, 2022 Mr. Christoff said the applicants have recently asked for a more formal agreement with the city as they intend to develop an additional lot in this subdivision. He read the conditions and said staff recommends approval of this ordinance. Councilor Richards asked about stumbling blocks, and Mr. Christoff there have been none; negotiations were lengthy, but reasonable. Councilor Hauenstein motioned to read; Councilor Richards seconded. Ms. Henning read the ordinance. Councilor Richards asked if the ponds are naturally occurring. Mr. Curtis said he has been involved with this property since 1983. The ponds are natural and fed by water from Hunter Creek, and not man made in any fashion. Councilor Richards motioned to approve; Councilor Mesirow seconded. Councilor Hauenstein said it is outside the city and this will be put on consciousness of the developers. Mr. Curtis said they will comply will city’s landscape codes. ACTION ITEMS: Resolution #101, Series of 2022 - 0.5% Open Space Sales Tax Renewal – Austin Weiss and Matt Kuhn Mr. Weiss said this resolution reflects ballot language for an extension of the 0.5% Open Space Sales Tax. Assistant City Attorney, Kate Johnson confirmed this is a resolution that would place it on the ballot in November. Councilor Hauenstein moved to approve Resolution #101, Series of 2022; Councilor Doyle seconded. Mayor Torre said thanks to you and staff. You guys have done an amazing job at maintaining and your crews are out there working hard, and it shows. Mr. Weiss said they couldn’t be prouder of the staff. Mayor Torre said it’s a community amenity. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Resolution #102, Series of 2022 – Aspen Public House Lease Amendment – Lisa Rigsby Peterson and Diane Foster along with applicants, Bill Johnson, and Raphael Derly. Ms. Foster introduced the item and said the idea is to give Raphael 51% of the ownership of the Aspen Public House. She reviewed the pros and cons listed in the memo. Councilor Mesirow said on the record that he is Raphael’s neighbor but feels like he can be objective. He asked why now and how would bringing Raphael in change the staffing issue. Mr. Johnson said he’s getting married in October and he has moved down to Carbondale, so this is about life changes for him and would be a wise move for himself. In no way does he want to completely 4 REGULAR MEETING ASPEN CITY COUNCIL AUGUST 23, 2022 step away. At this point, Raphael has a tremendous amount of experience and it’s better for the community than what he can do on his own. How he hires is by word of mouth. He could double the capacity with Raphael’s help for hiring for lunch. He feels the menu might expand the affordability. Councilor Mesirow confirmed that this is a working opportunity together and not an exit. Mr. Johnson confirmed that is the case. Mr. Johnson said he has no ambitions to pursue another restaurant project, but he just wants to share the opportunity with someone else. Councilor Richards said she’s wondering if the menu will still be affordable and asked about the local’s burger. Mr. Johnson said there isn’t much disparity with what they are currently doing. He took the burger off the menu a couple of years ago, but there are still locals who come in and order it. The shot and beer deal will still stay put. They want to do tapas because they are easier to execute in a high- volume kitchen. Councilor Richards asked staff how long the lease would go for. Mayor Torre said the term goes until next year and then an option of another five years. Councilor Hauenstein asked if the five-year option is an auto extension. Ms. Ott thinks it’s a tenant option and not mutual. City Attorney, James R. True, said that is correct. Councilor Hauenstein said this gives him pause because we are transferring 50% of a whole new business and we should have an RFP. If we get into something that doesn’t seem to be working, we are stuck with another ten years. Mr. Johnson is fully committed to staying and completing his business, but he just wants to split the workload. Councilor Hauenstein asked if they would be open to a review in April 2023. Councilor Richards asked what recourse the city would have if they don’t like the situation they’ve gotten into. Mr. Johnson said the assurance is the lease that he signed. He read a section of the lease regarding affordability. Ms. Ott said this was a challenging part of the lease because there used to be a guaranteed menu requirement. There is a check in process with the director of the Wheeler and check ins with the City Manager to ensure this is going in the right direction. It’s a negotiable item for the council. She would suggest checking with the applicant to see if he’s willing to negotiate with council instead of negotiating here at the table. Councilor Mesirow said he’s concerned about the costs going up. With having the government as a partner, it may put unwanted restrictions on what you are proposing. Councilor Doyle said he struggles with 51% percent putting Raphael in control, and he feels like other restaurateurs will complain to him if they move forward with this. Councilor Mesirow said he is concerned about keeping a place available to the workers of this town and not the tourists. Councilor Richards said she wants to table it and give it more time and thought. Councilor Mesirow wondered what it would look like if they gave this a path for other applicants as well. 5 REGULAR MEETING ASPEN CITY COUNCIL AUGUST 23, 2022 Ms. Ott said city council would have to initiate the breaking of the lease, and we are not near that at all. Mr. True said if the tenant is in compliance with the lease, renewing is with the tenant. The tenant is in violation at this point, but he can’t predict what the status will be next April. He feels council can fairly evaluate this transfer of ownership and can add conditions which make them feel more comfortable. Councilor Mesirow said it needs more time. His hesitancy around it is around it is long-term affordability. Councilor Richards said they would all feel better if they were doing a 25% ownership transfer instead. Mr. Derly said they started talking this winter and have known each other for years. He said he has always been in love with the space and after they started talking, they started seeing more potential for the space working together. He and Bill are both passionate about this and they would like to have a vibrant locals spot. We thought teaming up together would bring something interesting to the city. We want to work on creating more volume and being back open seven days a week. We want to push wine sales. There is huge potential for this space and it’s a work in progress. We understand the beauty of the place. Mayor Torre said he appreciates the description of sustainability they have put into this. His other consideration was about affordability and appropriateness for the Wheeler Opera House. He has a slight concern about the remodel because it costs money just to get going and he doesn’t find it consistent with the building. He goes over there quite a bit. He said he loves the work Raphael did at the Creperie and is one of the most charming places even on a national level and he has tremendous respect for what he did. He has concern about the price points. This is a place for all of Aspen. He spoke about when the space changed from Bentley’s to Justice Snow, so he sits here now, having been burned once. He has some fear. He’s concerned about the 51% as well because they typically go out for RFPs on this space. He said more work needs to be done and there are more assurances that need to be made before moving forward. Ms. Ott asked the applicant if they are ok continuing this to the September 13th regular meeting. Mr. Johnson said this is critical to his future, and he is happy to wait for the next meeting. Regarding the split, we can step the percentage back as well. Ms. Ott said we should negotiate off the table. Councilor Hauenstein motioned to continue to September 13th; Councilor Richards seconded. Mr. True suggested that we could discuss this in the executive session, which we already have scheduled tonight. We may request that this item be added. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Galena Cooper Living Lab – Post Lab Temporary Conditions Ms. Ott said she is looking for direction from council so they can prepare documents for contractors of what their expectations are. Mayor Torre recapped the memo. He summarized council’s consensus regarding the three-way stop, parallel parking on the right (west side), angle parking on the left (east side), and maintain the one-way on Hyman. 6 REGULAR MEETING ASPEN CITY COUNCIL AUGUST 23, 2022 Mr. True introduced the executive session. Councilor Doyle motioned to move into executive session; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. _____________________________ Nicole Henning, City Clerk