HomeMy WebLinkAboutminutes.council.20221025
1
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 25, 2022
At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Richards, and
Hauenstein present. Councilor Mesirow joined via Zoom.
Mayor Torre said the meeting will start off with Aspen Police Department for a bear update. Linda
Consuegra and Gina Gordon, a Community Response Officer, will be presenting. Ms. Gordon said that
speaking to the trends, some of the late frosts have affected food sources and there is a precipitous
increase of bear activity. 75% of bear calls were between August and October. There is a bear taskforce
with the partnership of Environmental Health, Parks Rangers and the Communications Department as
well as the Police. It’s a three-pronged approach to best bear practices: education, prevention, and
enforcement. Education is a new piece of this, and they have made all materials bilingual. Ms. Gordon
gave some stats and showed a video from the Aspen Core.
CITIZEN COMMENTS:
David Scruggs – Mr. Scruggs said he lives at 212 W. Hopkins. He thanked council for their service and
transparency. His concern is the Historic Preservation Commission. He’s out of town currently as are
some of his neighbors. He said they found out that HPC is not going to be available on Webex, but in
person. It’s inconsistent and discriminatory. He asked for all meetings to be made online and that
request wasn’t met.
Chuck Frias – Mr. Frias said he is a 48-year resident commenting on ballot issue 2A. He said he takes
exception to a lot of comments he has seen in the paper, which he considers misrepresentation. He
spoke about Rachel’s letter to the editor. A lot of these properties do not have HOA’s and it’s misleading
some of the voters. We’re all in opposition to this. To single out this community is unfair and wrong, and
you would be punishing the wrong people.
Councilor Richards said she respects Mr. Frias’ contributions to this community, but she disagrees with
his comments. She could take apart the letter that he wrote to the paper which was highly disparaging
of the city. She mentioned a newspaper article of nine communities like Aspen asking for even higher
taxes than what we are asking for.
Councilor Mesirow said that Mr. Frias was listened to and heard. He thanked Mr. Scruggs for bringing
the meeting issue forward. We have left the position of in person or hybrid meetings up to the chairs of
the meetings. He doesn’t like the one foot in, one foot out, however.
Ann Mullins, Julie Hardman, and Howie Mallory – Ms. Hardman said they are members of the Aspen
Open Space Board. Tonight, they are expressing support for ballot issue 2B for Aspen Open Space and
Trails. This is not a new tax, so they are hoping for an easy decision to continue funding. This tax helps to
preserve trails, wildlife habitat, the John Denver Sanctuary and Cozy Point Ranch. Funding is needed for
existing maintenance and housing. To continue funding with sales tax is really important for our future.
She thanked Mayor Torre for his comments in support of 2A and 2B.
Councilor Richards said November 8th is the deadline.
Mayor Torre said thank you for your unending support in these issues and continuous support on these
issues.
Mr. Mallory said you won’t see much of him moving forward, but he’s happy Ms. Hardman can continue
the work of the Open Space Board. She’s been on for 5 years, and involves way more than just trails.
2
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 25, 2022
COUNCILMEMBER COMMENTS:
Councilor Mesirow said we are coming up on election day and reminding everyone to vote. Vote mail
ballot or in person. He reminded someone about pitkinvotes.org to register to vote. This will be an
impactful election.
Councilor Hauenstein said he feels this council has been transparent in all matters. He’s disappointed
that there is inconsistent access to HPC meetings. All meetings should be open to Webex, zoom or
virtual participation.
Councilor Doyle mentioned an NPR story about Alaskan snow crabs. Our drought continues.
Mayor Torre mentioned the ACRA meeting this morning. Everyone should take a look around and
appreciate being in Aspen, CO. Life is good. We work hard on issues and relationships. We are very
lucky. He mentioned mental health and Aspen Strong and the Hope Center. Please also vote. Your
ballots have arrived by mail. Get your ballot in the mail early. It’s your right and responsibility.
Councilor Hauenstein mentioned a new suicide number for prevention.
AGENDA AMENDMENTS: None.
CITY MANAGER COMMENTS:
City Manager, Sara Ott, said they should receive legal advice before voting on anything tonight.
BOARD REPORTS:
Councilor Hauenstein spoke about CORE board meeting, and they discussed adding some citizen
members to the board and initiating a national advisory board to extend their reach.
Councilor Doyle spoke about Nordic Council and snowmaking. He had CAST and said that it was in
Glenwood and mentioned things to be aware of.
Mayor Torre said he had ACRA this morning and the presentation today was by City of Aspen
engineering staff. They spoke about parking permits and the living lab. The same presentation will be
made at CCLC tomorrow. He also mentioned the Next Gen meeting tomorrow night.
Councilor Mesirow said he has NWCOG and EOTC on Thursday. He said from CAST there was some good
information from Glenwood Springs on converting affordable housing units.
CONSENT CALENDAR:
Councilor Richards motioned to approve; Councilor Doyle seconded. Roll call vote: Doyle, yes;
Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
NOTICE OF CALL UP – 132 W. Hopkins – Conceptual Major Development, Relocation and Variations -
Ben Anderson, City Planner
Mr. Anderson said this received a unanimous vote from HPC. He asked that council uphold HPC’s
decision.
Mayor Torre said council does not wish to call up.
3
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 25, 2022
413 E. Main Street – Jing – Minor Development and Commercial Design Review – Ben Anderson, City
Planner
Mr. Anderson said HPC unanimously approved this project and staff asking council to uphold decision.
Mayor Torre said council does not wish to call this up.
FIRST READING OF ORDINANCES:
Ordinance #17, Series of 2022 – Burlingame Triangle Parcel – Major Subdivision - Ben Anderson, City
Planner
Mr. Anderson said this is a land use application, and it’s an important piece for the Lumberyard
property. This is a triangle shaped parcel, so it is referred to as the triangle parcel. He is recommending
passage at first reading.
Councilor Richards said it’s pretty straightforward and asked about continuity issues. it’s a city
subdivision. She’s very supportive.
Councilor Hauenstein motioned to read Ordinance #17, Series of 2022; Councilor Richards seconded.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
City Clerk, Nicole Henning, read the ordinance.
Councilor Hauenstein motioned to adopt Ordinance #17, Series of 2022; Councilor Doyle seconded. Roll
call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
ACTION ITEMS:
Resolution #120, Series of 2022 – Aspen Mountain Tots Exemption and Three-Year Lease Request –
Diane Foster, Assistant City Manager
Ms. Foster said she is here today to ask to add two more weeks to the lease and to operate four days a
week. She pointed out the pros and cons which were included in the packet.
Councilor Richards said she has looked at the pros and cons and the needs of our community. It’s
challenging to know you have a taxpayer funded facility and not see it operating five days a week. She
looks at childcare differently and the dramatic need going forward. There are challenges with retention
and housing, and it’s all connected. She appreciates the operators trying to be flexible. She is going to
support this request because it’s the right thing to do.
Councilor Hauenstein said having classrooms dark three days a week is better than seven days a week.
He fully supports this.
Councilor Doyle said we can’t afford to lose another provider. He appreciates Dawn being willing to
work with us and is supportive moving forward.
Councilor Mesirow said we are learning as we go. He supports progress over perfection.
Councilor Richards motioned to approve Resolution #120, 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 OCTOBER 25, 2022
Councilor Richards thanked Ms. Foster for her work on this.
Resolution #121, Series of 2022 - Supporting Ballot Issue 2A
Councilor Mesirow said this is a home run.
Councilor Hauenstein said this isn’t a perfect solution but doing nothing loses ground, so he encourages
everyone to support this.
Councilor Doyle added that this tax is paid for by visitors to our fair city.
Councilor Richards said it’s complex, but it’s not. She gave a lot of statistics. With all her heart, please
vote yes on 2A.
Councilor Mesirow said his home run comment was for 2B. He said he has a unique and in-depth
perspective on 2A because he works in this space. It’s by no means a perfect tax, and we have to wrestle
with the fact that this tax will artificially inflate the rates.
Councilor Richards motioned to approve Resolution #121, Series of 2022; Councilor Doyle seconded. Roll
call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Resolution #122, Series of 2022 – Supporting Ballot Issue 2B
Councilor Richards read the resolution to the public and thanked those that have worked on this. This
tax has done wonderful things for us.
Councilor Doyle stressed that this is an existing tax. Please vote yes on 2B.
Councilor Hauenstein said this is what separates our community from other communities around the
world.
Councilor Hauenstein motioned to approve this Resolution #122, Series of 2022; Councilor Doyle
seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion
carried.
Inflation Relief Grants – Sara Ott, City Manager
Ms. Ott said this is dealing with some basic human needs that are becoming difficult to meet. She’s
asking for support of this rapid relief program. They would work with the steering committee of the
grants program and cut checks in about six weeks.
Councilor Richards thanked Ms. Ott for bringing this forward. She wholeheartedly supports this.
Councilor Doyle thanked Ms. Ott for this.
Councilor Hauenstein echoed his appreciation for Ms. Ott and her efforts.
Councilor Mesirow said we are all still living in reverberations of COVID and there are challenges all over
this nation. Most communities don’t have the opportunity to step in and support nonprofits like this. We
are incredibly lucky to have this opportunity. It’s an absolute honor.
Mayor Torre echoed the sentiments. We are all super appreciative. This is absolutely a feel-good use of
community funds.
5
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 25, 2022
Ms. Ott said there is a proposed motion on the bottom of her staff report.
Councilor Doyle motioned to direct the city manager to issue these funds, Councilor Richards seconded.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Ms. Ott asked for direction regarding the issue with HPC. If we need to move into executive session, we
will suggest that.
Assistant City Attorney, Ms. Johnson, reminded them of when COVID happened, and the board enacted
some emergency actions to hold the meetings via Webex. When we came out, it was left up to the
boards to decide how to handle this. HPC decided to set the Webex meetings and then when they were
conducting their work sessions, they asked to set those in person. Notice is required to be set 15 days in
advance to neighbors and posting of notice on property and in paper. This project was set in accordance
with the standards. There is nothing about this process that is not transparent. You can provide written
public comment, or you can come in person.
Ms. Ott said we can put this out for another position to the public, but it took us 9 months to find
someone to cover the council meetings. If you want to give us that direction, we will follow that.
Councilor Richards agreed we can’t do anything about tomorrow night’s meeting, and we encourage Mr.
Scruggs to write in a letter with his comments and then there should be a broader discussion on
proceedings.
Ms. Johnson said there is no quantifiable difference on these meetings.
Councilor Hauenstein said he’s looking for consistency. He would like to see all meetings in person or
virtual.
Ms. Johnson clarified that the difference here is that this meeting is a hybrid, and HPC does not conduct
hybrid meetings at this time. They are either only in person or virtual.
Mayor Torre said this is unfortunate situation. He is looking forward to a meeting where this can be
addressed.
EXECUTIVE SESSION – Assistant City Attorney, Kate Johnson, introduced the executive session.
Councilor Richards motioned to move into executive session; Councilor Doyle seconded. Roll call vote:
all in favor, motion carried.
___________________________
City Clerk, Nicole Henning