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HomeMy WebLinkAboutminutes.council.20221115 1 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 15, 2022 At 5:30 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Richards, and Hauenstein present. Councilor Mesirow was present via Zoom. Mayor Torre apologized for the late start. He said a few of them were attending an ACRA presentation at the Meadows which ran long. Councilman Mesirow is joining via zoom. CITIZEN COMMENTS: Ziska Childs – Ms. Childs said this was her first time in the new chambers. She’s here to ask council to consider something. She asked who remembers Aspen in 1964. We had a mudslide and it filled up the Aspen Inn pool. Her personal interest is that she has property at the top of Mill Street. What they are thinking of doing right now and have approval to do, is to dig a two-story garage in front of her building. It would be bad. A lot of people have those memories from 1964, but it got her thinking about that whole side of the mountain and she’s wondering if we have a height restriction between Dean Street and wondered if we could also have a depth restriction. There is a lot of construction being proposed in this space with owners who have no idea what they are sitting on top of. Mayor Torre asked the City Manager, Sara Ott, if it would be possible to get more information regarding this and she said yes. John Starr – Mr. Starr said his task tonight is to hand out some gifts to Mayor Torre and council from the International Mountain Foundation and the Republic of Tajikistan. He’s hoping that the staff could get a head shot of the mayor wearing the special hat they sent. He heard back from organizations around the world about the special event and the energy that came out of it. We received universal positive feedback about the friendliness and warmth of our Aspen community. Sometimes we forget how special our community can make people feel. AIMF wants to express great gratitude to council and staff for their unswerving support. Peter Fornell – Mr. Fornell passed around a packet for council. He was watching the work session last night on affordable housing and he appreciates the attention to the matter. He wants to give a synopsis of who they have hired to be the compliance officer. He asked who we want as our compliance officer and said that Mr. Ireland should either resign or expect to be terminated. He pointed out restrictions on having a home office and said these are public documents discoverable to the public. COUNCILMEMBER COMMENTS: Councilor Richards said if anyone hasn’t checked to see if your vote counted, please do so online at pitkinvotes.org. and mentioned that people can still cure their ballots up to tomorrow. It’s a closed election. She wishes everyone a good ski day on Saturday and said it’s an early treat. She said thank you to the voters of Aspen for reaffirming we want to stay a community. We appreciate support on the short-term rental tax. Thanks to everyone who helped out with the campaign. Councilor Doyle said he’s really looking forward to ski season and hosting the World Cup. Seven out of the eight World Cup ski races that have been scheduled have been canceled due to lack of snow and higher temperatures. Our ground water resources are dwindling rapidly. The world population reached 8 billion last week. Councilor Hauenstein said a top 3 tier council goal is greenhouse gases. He would like to have a work session for an ordinance against gas burning features. Walking down the mall, you see business doors 2 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 15, 2022 open, and asked if they can regulate this. He is hoping for council support towards this. Councilor Richards, Doyle, and Mesirow said they are open to it. Mayor Torre said he is excited for ski season on Saturday. He said a big thank you to the community for supporting 2A. This council is a representative of this community. We got back from the outreach, that this is what the community wanted. The voters did support this by over 60% and it was the right move. There isn’t a resort community in the state who isn’t tackling the same issues. Steamboat passed a 9% tax on all STR’s in their community. Thanksgiving is next week, and it’s a great time to get together, but not everyone has those great experiences. If anyone needs someone to talk to, please reach out to the Hope Center and Aspen Strong. It can be a depressing and triggering time for some. Hickory House will be celebrating Thanksgiving again and is a great community event, which is based on donations. They also need volunteers as well. He will be there for cleanup. AGENDA AMENDMENTS: None. CITY MANAGER COMMENTS: Ms. Ott said we will have fantastic snow for World Cup. Non-essential services are closed for the day after Thanksgiving to give folks a long weekend. People tend to not conduct business on that day. The recreation center will be open that Friday. At your places is a fact sheet for the New Castle Bridge. It’s good visual information for talking with the public about the two options going forward. Ms. Ott asked City Clerk, Nicole Henning, for an update on candidate petitions for running for either mayor or city council. Ms. Henning said petitions will be available on December 6th and must be turned into the Clerk’s office by December 27th. We will run a public notice in both papers as a reminder with dates. Ms. Ott reminded people that the city manager’s office is also a resource for new candidates. Mayor Torre said he and council are also available for questions. BOARD REPORTS: Councilor Hauenstein said he had an annual RFTA corridor meeting. They spoke about encroachments, violations, etc. CONSENT CALENDAR: Mayor Torre pulled Resolution #124, Series of 2022: City of Aspen Component Units – 2023 Budget – Pete Strecker Mayor Torre had questions about a request from Mountain Valley. He said he supports a greater expenditure. He asked if there is more than $50,000 of support so they can give $75,000. Councilor Doyle said in the interest of wildfire safety, he will support it. Councilor Hauenstein said he will support it as well. Ms. Ott said this fund does have sufficient funds to raise the amount to $75,000. City Attorney, James R. True, said this this resolution needs to be done as a public hearing. It wasn’t noticed correctly. We can continue this item to November 29th. It’s in the charter to be approved by resolution in a public hearing and he apologize for the oversight. Councilor Hauenstein motioned to continue Resolution #124 to November 29th; Councilor Doyle seconded. Councilor Richards amended for them to add the amount of $75,000 for the next meeting. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. 3 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 15, 2022 Mayor Torre asked Mr. Strecker to speak to the arts and culture fund. Councilor Richards motioned to approve the consent calendar minus Resolution #124; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. NOTICE OF CALL UP: 520 E Cooper Avenue – Minor Development and Commercial Design Review – Amy Simon, Planning Director and 434 E. Cooper Avenue – Substantial Amendment Ms. Simon said both projects are in downtown in historic districts. For the first location, HPC was approached to make a number of changes. Where Pitkin County Dry Goods is located. The work doesn’t change the form, it’s a replacement of some siding. The HOA would like to apply a lime wash to the brick and approval was given. Staff recommends council uphold the decision. There was no call up from council. The second item is an older project. The applicant ownership has changed, and they came to Community Development with planned revisions and scaling back of those revisions. HPC was concerned with skylights on the roof. Approval was unanimous and staff recommends upholding the decision. Councilor Richards said this building belongs in Vail or Beaver Creek. Ms. Simon said that retail would be in the basement and the upper floors are for dining. Councilor Hauenstein spoke about the night view. Councilor Richards said the code is as it is, but we should have a future work session to discuss code amendments. Councilor Doyle is supportive of a future work session. Mayor Torre said the first floor would be a gathering space by Restoration Hardware. Councilor Hauenstein said he wants to see that building built and not just a hole in the ground. Councilor Mesirow said he doesn’t want to call this up, but he supports Councilor Richard’s desire to talk about this further. Mayor Torre said no call up. FIRST READING OF ORDINANCES Ordinance #16, Series of 2022 – Updates to Title 25, Utilities – Justin Foreman, Utilities Operations Director Councilor Richards motioned to read; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Ms. Henning read the ordinance. Mr. Foreman said this our annual updates of fees. This was the same document presented to council during a previous work session and no changes of this document have occurred since council last viewed. We will be back on the 29th for second reading. We are required 30 days for rates to go into effect January 1st, 2023. 4 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 15, 2022 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. Ordinance #18, Series of 2022 – City of Aspen 2022 Fall Supplemental Budget Adjustment – Pete Strecker, Finance Director Councilor Richards motioned to read Ordinance #18, Series of 2022; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Ms. Henning read the ordinance. Mr. Strecker summarized Ordinance #18. Councilor Richards motioned to approve Ordinance #18; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Ordinance 19, Series of 2023 – City of Aspen 2023 Fee Schedules – Pete Strecker Councilor Richards motioned to read; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Ms. Henning read Ordinance #19. Mr. Strecker summarized the ordinance. Councilor Richards motioned to approve Ordinance #19; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. PUBLIC HEARINGS: Resolutions #128 & #129, Series of 2022 – Temporary Use Requests from The St. Regis and Catch Steak - Kevin Rayes and Ben Anderson, City Planners Mr. Rayes says they have received 5 applications for temporary use requests. We’re batching them due to the large number. Alan Richman is here representing the St. Regis. Mr. Anderson said on each application, you can approve as written or approve with modifications or deny them. Mr. Richman said he represents the St. Regis and the Snow Lodge. They want to erect several temporary structures. He described four sections where these structures would be erected. These were all previously authorized for use at the St. Regis and well before the pandemic. We are disappointed that staff isn’t supportive of the additional temporary uses. He brought up some pros for the additions. It’s totally on private property and doesn’t use the public right of way. The structures would be in courtyards and there have been no complaints about the use. The structures are hidden from view and have little to no impact. Stephane De Baets – Mr. De Baets said he is part owner of the St. Regis and lives here full time. Their application in the past has created a successful outcome. He is shocked, that last minute, it could be a different outcome of initial applications. He is asking for a positive approval of the application. Council asked clarifying questions. 5 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 15, 2022 Councilor Richards said she feels comfortable with the temporary tent. She suggested a one-year period and not a five-year lease. Councilor Doyle agrees but has a problem with heating outdoor spaces. Those uses will compete with businesses that already exist, so he has a problem with this. The tent not so much, but the other structures do. Councilor Hauenstein asked about the yurts and said they were the same ones used during COVID. He said he would also do a year but not 5-year lease. He doesn’t support the additional four yurts or the mountain plaza dome. Mayor Torre suggested they allow all for a one-year lease except for the dome. Councilor Mesirow said he was supportive of the whole thing, and he likes Councilor Richard’s suggestion, but would include the retail in it. Ultimately, he will go along with her suggestion. Mr. De Baets suggested a mitigation that could be agreed to and asked if they could we keep the dome for 30 days and then take it down after. Mayor Torre said he is amenable to that. 60 days would work for him. Councilor Mesirow said he is on board with the 60-day compromise. Mayor Torre opened the public hearing. Mayor Torre closed the public hearing. Councilor Hauenstein said he would accept that. Councilor Doyle said he will go along with this compromise. Mayor Torre motioned to approve Resolution #128 with amendments; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Mayor Torre called for a five minute break at 8:12 p.m. Resolution #129 Ryan Walterschied with Forum Phi, Mark Hardeman with Forum Phi, and Dave Richardson, General Manager of Catch Steak were present. Mr. Walterschied said they have worked with Catch for the past couple of years on their remodel and the question came up of how they can they fully utilize the outdoor patio during the winter season. He showed the permitted floor plans. They would like to put a tent up on their outdoor patio. It’s temporary in nature and form. From the pedestrian view from the street, there wouldn’t be any obstruction. They will move forward with a production company based upon approval. Dave Richardson – Mr. Richardson said they opened last December 17th and was a large undertaking. This temporary use would be an important way of taking care of our employees in the slower months. The outside terrace creates an additional 120 seats. There is a public demand for this. The experience we provide is unique. It would be a benefit to the locals and tourist clientele. Mr. Rayes ran through his presentation and said staff is recommending denial of this request. 6 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 15, 2022 Councilor Mesirow said we need to rename “public amenity”. There are a lot of red flags for him. Mayor Torre opened the public hearing. Mayor Torre closed the public hearing. Councilor Hauenstein has welcomed Catch Steak to town and understands how it would be a benefit. He feels like it increases net leasable space of the restaurant, and he’s sensitive to the precedent this would set, so he’s not inclined to support this application. Councilor Richards said it’s the hardest part of her job saying no, and she can’t support this. She doesn’t feel like it fits any of the surrounding buildings or the character of the corridor. It changes the nature of the entire building, and it seems very closed off and the element to the sky would be lost. She just can’t support it. Councilor Doyle thanked staff for bringing this forward and for staff giving us a multitude of reasons for this not going forward. It’s unfair to the other restaurants in town. It would be a step backwards. Almost five tons of coal being burned while this structure would be up is a deal breaker for him. Mayor Torre said he understands where council is coming from, and he’s concerned about the precedent this would set. He suggested that the applicant apply for other temporary uses for New Year’s Eve, for example. They can get tenting for up to 14 days. There are so many moving parts for this council. A lot has changed over the past couple years. The design looks great, but there are concerns about size and snow loading, etc. The motion would be to deny the resolution which was written in the affirmative. Councilor Richards motioned to deny Resolution #129; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Councilor Richards said HPC should be an advisory for this. Ordinance #17, Series of 2022 – Burlingame Triangle Parcel – Major Subdivision – Kevin Rayes, City Planner Mr. Rayes said the Planning & Zoning Commission as well as staff recommends approval. Chris Everson, Project Manager and Bob Schultz, Private Planner were present. Mr. Schultz explained the project. Mayor Torre opened public hearing. Mayor Torre closed public hearing. Councilor Doyle motioned to approve Ordinance #17; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Mr. True introduced the Executive Session. Councilor Hauenstein motioned to move into Executive Session; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. 7 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 15, 2022 Council moved to Electric Pass at 9:22 p.m. _____________________________ Nicole Henning, City Clerk