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HomeMy WebLinkAboutminutes.council.20190610Regular Meeting Aspen City Council June 10, 2019 1 SCHEDULED PUBLIC APPEARANCES – Historic Preservation Awards ............................................... 2 CITIZEN COMMENTS ............................................................................................................................... 2 CONSENT CALENDAR ............................................................................................................................. 2 Resolution #66, Series of 2019 – Golf Course Equipment Lease Purchase ......................................... 2 Minutes – May 20, 2019 ....................................................................................................................... 2 ORDINANCE #14, SERIES OF 2019 – Flavored Tobacco Ban ................................................................ 2 COUNCILMEMBERS’ AND MAYOR’S COMMENTS ........................................................................... 4 SWEAR IN NEW COUNCILMEMBERS ................................................................................................... 5 CITIZEN COMMENTS ............................................................................................................................... 5 COUNCILMEMBERS’ AND MAYOR’S COMMENTS ........................................................................... 6 NOTICE OF CALL-UP ................................................................................................................................ 7 ACTION ITEMS – ELECTION OF Mayor Pro Tem and appointment of Council Members to other boards and commissions ............................................................................................................................... 9 Regular Meeting Aspen City Council June 10, 2019 2 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Myrin, Mullins, Frisch and Hauenstein present. SCHEDULED PUBLIC APPEARANCES – Historic Preservation Awards Mayor Skadron said this is the 25th annual Historic Preservation awards. Council and HPC are pleased to jointly present the awards. Over the years more than 100 projects have been recognized as truly important projects. Jeff Halferty, HPC, said we are pleased to recognize two purely rest oration projects. They value significant financial investment and the work that has been completed. The first award is presented to 128 E Main Street, Sardy House. There were brick, windows, woodwork, roofing and metal restorations. The front porch was restored to its original structure. Council and Jeff presented the awards. The second award goes to 550 W Main Street, Mesa building. Bob Blaich, HPC, said it was built in 1890. It has been a grocery store and bakery, offices, yoga studio and now the home of Rowland and Broughton. Windows, chimneys and front porch were all restored. Parking along the building is now a large garden. Council and Bob handed out he awards. CITIZEN COMMENTS 1. Tom Marshall thanked the outgoing council for their time and service. The new council needs to work on growth control. What is the carrying capacity of Aspen. We also need to deal with employee housing. 2. David Harris thanked the outgoing council for all their effort. You made a strong effort to keep this place great. 3. Kim Levine thanked council for their dedication and work. 4. Debbie Braun said it has been a privilege to work with each of you. 5. Eric Skarvan thanked the Mayor, Adam and Steve. That is a lot of time and commitment to the community for a pretty thankless job. 6. Toni Kronberg said we talked about the aerial connection as a way to solve the traffic problem. 7. Sandy Mulcahy said we are considered dangerous in Aspen. 8. Lee Mulcahy said I have my art records and I am ready to present them. Councilman Hauenstein said having been on the prevailing side of the tobacco partial ban, ordinance 14, 2019, I move to reconsider Ordinance 14 and have a public hearing. Seconded by Councilman Myrin . All in favor, motion carried. CONSENT CALENDAR • Resolution #66, Series of 2019 – Golf Course Equipment Lease Purchase • Minutes – May 20, 2019 Councilwoman Mullins moved to adopt the Consent Calendar; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE #14, SERIES OF 2019 – Flavored Tobacco Ban Councilman Hauenstein said he would like to amend ordinance #14, Series of 2019 to include menthol products. Jim True, city attorney, said the previous ordinance 14 did have a flavor ban including menthol but only for vaping products. The question is to the desire to include the menthol ban for tobacco products. That is what was passed on first reading. If you want to amend to adopt the ordinance that was Regular Meeting Aspen City Council June 10, 2019 3 adopted on May 14 it would be a ban on flavoring for all tobacco products. We would also request to amend the number to 14A for record keeping purposes. Councilwoman Mullins seconded the motion with an amendment to include all flavor products. Mr. True said that is what is proposed. Mayor opened public comment 1. Olivia Regan, said flavoring is used as marketing. If you can get rid of that underage kids will be less prone to being addicted in the first place. This is a big problem at the high school. 2. Molly Miller said all nicotine flavored products should be banned. Kids at school go to zin to get off of a nicotine addiction. As long as kids are able to access it, it will still be a problem unless all flavors are banned. 3. Felix Frisch said I know this has been addressed as a problem at the high school but it is also a problem at the middle school. It is not just a high school problem. 4. Naomi Amaha, heart association, thanked the city staff and council for work on addressing this issue. She urged council to vote yes on the proposed amendment. 5. Toni Kronberg asked council to explain how the tax dollars that are collected will be spent. Support yes on the amendment. CJ Oliver, environmental health, said the parameters that were set are substance abuse and prevention programs. We have heard that there should be focus on youth. 6. Emma Dominguez said no matter how you try to solve the problem teenagers will do what ever that have to do to find nicotine to feed the addiction. You can also buy things on line including refill juice. It is a bigger issue affecting not just Aspen. The middle school has nicotine detectors in the bathroom but the high school doesn’t. Kids with driver licenses can drive to Glenwood then sell product to younger students. 7. Kim Levine, public health, said thank you to the students for commenting. Thanks to council for stepping up and making public health an important thing. Mayor Skadron closed the public comment. Councilwoman Mullins said thank you ladies for coming to speak. I’m in favor for a compressive ban of flavored tobacco products. We’ve heard from a lot of people about the severity of the problem. There is overwhelming support from the community to do this. I don’t know how council could not vote in favor of this amendment. Councilman Hauenstein said there are 480,000 deaths per year in the US contributed to tobacco. It is our duty on council to protect public health. This ban not only protects youth but tries to address addiction by adults. I encourage educational and addiction programs for the tobacco tax revenue. We can only control so much. People can go elsewhere to get tobacco products. I fully support a full ban. Councilman Frisch said one of the things that suck about this job at the end of the day is disappointing your friends and family. I remain supportive of the goal, but I still believe we have switched about youth health to legally allowed products. As much as I’ve despised the tobacco industry, when I look at alcohol and marijuana I think we are doing a disservice to ourselves by not having a broader discussion. The damage done to society by alcohol is tremendously greater that tobacco. It just doesn’t add up for me with 90 some liquor licenses in Aspen. I wish we could have had a broader discussion on how to make a healthy community. I will not be supporting this. Mayor Skadron said Adam, thank you for taking the lead on this. Mr. True said I want to clarify, there are a significant number of technical amendments included in the packet. The primary amendment now will say the sale and distribution of flavored tobacco products is Regular Meeting Aspen City Council June 10, 2019 4 prohibited. One ordinance 14 was passed at 1st reading and one on May 25th. I would suggest renumbering the ordinance as 14 A just so our records are clear. Councilman Hauenstein moved to adopt the amended Ordinance #14, Series of 2019 and to be renumbered as 14A; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Mullins, yes; Hauenstein, yes; Myrin, no; Frisch, yes; Mayor Skadron, no. Motion carried. COUNCILMEMBERS’ AND MAYOR’S COMMENTS Councilman Myrin said I did not put Tom up to what he said but it should resonate with the community. It is up to others now. I am not going to participate in it anymore. I’ve done it for 17 years. Councilwoman Mullins said this council job becomes such a part of your life. After 6 years I’ve become so close to everyone on this council. I have tremendous respect for all the time we have put in. I’m excited about the new council. Adam, I so appreciate your knowledge about so many things. Your strong connections to the community but really your pragmatic approach. Most of all I appreciate your sense of humor. You keep it fun up here and keep us on our toes. Mr. Mayor, your passion is unequal. Sometimes to a fault. All of this and your approach to the issues make it so relevant. Your love of authentic Aspen, fighting so hard to not change it. Your big ideas and big thinking keeps pushing us in different ways. You have been an exciting an inspiring mayor. Bert, we are on the same side of the table more often than people realize. I appreciate your attention to detail. You question council, but it makes us think about things and challenge things. I will miss all of you. Councilman Hauenstein said this is the first time for me to see a new council come in. Bert, thank you for your service and different side of issues. You have been involved a long time and deserve a vacation. To Adam, it has been an honor and privilege to sit next to you. It is difficult to talk about an issue after you because you’ve covered every angle. I appreciate your 4 stages of a problem. I wish you well and enjoy your Monday and Tuesday family dinners. Steve, we’ve known each other for a while. I appreciate your passion and emotion. I look forward to seeing you around. Councilman Frisch said thank you to my family, Katie very supportive as always. Felix and Qunitessa, you were 3 and 5 before I started. It has been an honor to serve a community I am proud to raise my kids in. To the staff, without the dedication and professionalism to help implement some really serious high level community goals, which may start off lofty but many do come to fruition, Aspen will not be Aspen. I’ve had the chance to work in big organizations and I would be willing to put this staff up to any of them. You are unsung heroes. To the community, thank you for instilling trust in me to lead. A special note to those who have served on boards and commissions as well as Toni and the rest of the crew that show up here week after week to speak and let us know what is on their minds to make us great. The people of Aspen are the secret sauce without a doubt. Going back to Dwayne and Deric in 2011, to Mick for his commitment, to Ward and Ann it has been an honor. To Bert, the majority of the time you are asking questions no one is asking. Half the time I’ve though you are off your rocker the other half it has been great. I know it is not easy to go against the grain. Torre, your laser focus on issues directly affecting the community will serve you well. Congrats on a long sought after goal. To Dean Skadron, it’s been a long time. Ward, the Minnesota nice all relies on you. It has been great. The first few years were frustrating. Your focus on trying to execute the AACP goals has got you through thick and thin. It has been an honor to serve up here. Hats off to Torre, Rachel and Skippy. Mayor Skadron said when I think of all the council members I served with over the years, Adam you and I have served together the longest. Thank you citizens and fellow council members, Jack, JE, Deric Torre, Art and the current crew for serving as your Mayor. I take seriously the honor and responsibility of the seat. I never forgot that I was our Mayor. I remember feeling both the embrace of community and the responsibility to serve all. I approach the Mayorship not as a job but a privilege. If I told you 6 years Regular Meeting Aspen City Council June 10, 2019 5 ago that Aspen would convert our electric utility to all renewable, deliver 180 units at Burlingame, downzone the CC to 25 feet, protect our water rights, lodging preservation, design the John Denver park, build rubey park and approve city offices, uphill economy initiative, for Aspen to play a lead in international climate conversation you might have said that is a lot, but that is exactly what we did. We didn’t do it alone. To the talented staff I will miss you greatly. You are the unsung heroes that make this place great and get the things done. The day in and day out work from streets to finance often without a lot of attention that make government run better is the great work that left the next council a better Aspen. I’ll be starting a new chapter in August at CMC, I want you to know I applied to the Aspens teachers college first and they said no. This is the end of my time with the City of Aspen and o’ve been especially fortunate to lead a community in especially challenging times. Mmany of those challenges about the very nature of our community. It has been exhausting but rewarding. At 6:25 pm; Councilman Frisch moved to adjourn; seconded by Councilman Myrin. All in favor, motion carried. SWEAR IN NEW COUNCILMEMBERS Municipal Court Judge Brook Peterson swore in Rachael Richards and Skippy Mesirow as City Councilmembers and Torre as Mayor. Mayor Torre called to order the second half of the regular meeting with Councilmembers Richards, Mullins, Mesirow and Hauenstein present. CITIZEN COMMENTS 1. Debbie Braun said she is looking forward to Rachael and Torre. Skippy it feels like we work together all the time. 2. Nicole Hines, said I don’t think we have seen more tears and proud moments. I’m looking forward to this. 3. Peter Greeney commented on the city office project. He commended Bill, Harry and Howie on their efforts that are positively affecting the layout of the plaza. I’m representing a different group of concerned citizens. The solutions we are proposing tonight should not open ordinance 4. We are requesting two adaptations. Reduce the height of the building and make sure employee generation is property mitigated for by new affordable housing units. The current plans call for a building over 40 feet tall. Current housing mitigation does not result in any new employee housing units. It is taking credit for housing that was built in the 90’s. New employees generated are adding to the housing demand stress. This building will generate 100 new equalivents. I request we are added to the June 25th work session to address height and housing proposal. Confident that by reducing the height and mitigating the housing the building will far better suit our community. Mayor Torre asked is it correct that those changes could be made without amending the ordinance. Mr. True stated I don’t believe so. Mayor Torre said I will plan to have you at least have a voice at the meeting on the 25th. Councilwoman Richards said thank you for your comments. I don’t know our staff has prepared this in the past, but I would like a survey of the availability of meeting space in the community. I would like better information about that. Sara Ott, city manager, said you are looking for the public space, non charged. Councilwoman Richards said I think what we consider in public buildings. Councilwoman Mullins said before we include Peter in the work session I would like some more information. I think we are at a loss for public meeting space. I question the generation of 100 new employees. I do think taking off the 3rd story is a substantial amendment. Regular Meeting Aspen City Council June 10, 2019 6 I want to make sure the things you want to discuss are things the council isn’t doing. If it is a valid conversation lets have it. I’ve taken the stance I do not want to make that ordinance vulnerable. Councilman Hauenstein said I think it would be a nice thing for the community to have an app to schedule meeting spaces. I welcome any further discussions, but I don’t want to open the ordinance. Councilman Mesirow said thank you for continuing to stay involved. Councilwoman Richards said I want to make sure as we hold up the city and government we don’t try to apply a different standard to the government than we do to the public sector. The city has built units in the past. If we say they don’t count, we have to say that for the rest of the community. Councilman Hauenstein said credits aren’t issued until CO. Mr. True said they aren’t issued but can be sold to a developer. 4. Amos Underwood said in response to what Peter said, the ordinance allows an additional 10,000 square feet to be added without opening the ordinance. I don’t understand why you can’t remove it. I think in regards to affordable housing, the bottom line is creating new mass will add new people. I ask you to legitimize your credit system and create your own credits. Ordinance 4 has a spreadsheet for the housing. Mayor Torre asked about the amendment. Mr. True said he cannot clarify that here. 5. Eric Skarvan congratulated Rachael for all her years of service. Torre, persistence and hard work pays off. I look forward to working with you. Skippy you have youthful energy and innovative ideas. We need that now more than ever. Keep focusing on affordable housing and environmental initiatives. 6. Toni Kronberg said the previous council has set a really good foundation for you. The thing on the top of my wish list is the ARC outside swimming pool. It was approved but never done. The county is ready to start on the entrance to Aspen. It is coming out of the airport groups. She asked council to rethink the city hall building on galena plaza and reopen the dialogue. Rio Grande place is too narrow. There isn’t a bike lane either COUNCILMEMBERS’ AND MAYOR’S COMMENTS Councilman Hauenstein said welcome. As we work together for the next two years, I know we won’t be in agreement on all issues. I hope we can find common ground and compromises. I look forward to working with all of you. Councilwoman Mullins said we all promised to do many things and have a lot of work to do. I look forward to working with this council and getting a lot of stuff done in the next two years. Thank you Eric Skarvin and Todd Shafer for a great clean up campaign. The Bauhaus Ball was a great time. Thank you everyone who worked on it. There are more events through August. On the Wheeler feasibility report, they held the first community input meeting. Last week I was at the HHS meeting, we discussed grants and will discuss trends in the upcoming months. Burlingame park opening last week. Incredible setting and views. It is a great asset to the affordable housing at Burlingame and the whole city. Councilman Mesirow said I’m so enamored and in love with this community. Thank you to my family that brought us here years ago. It is a big deal and I’m grateful for the opportunity to try to leave this town better for the next council. We have an opportunity to be constructive. Regular Meeting Aspen City Council June 10, 2019 7 Councilwoman Rachel said I share in the thanks with the community and fellow colleagues. It will be an exciting and challenging four years. I was 29 when I was first sworn in. I have no idea where time went. It goes pretty quick. It is a chance to see the changes that occur in the community. We are a council following a council that was thinking about the future. We want to create a better platform for those who come after us. I’m humbled knowing the challenges that are ahead of us. I would like to be as thoughtful and considerate. At some level we all have to make tough decisions. I was honored to attend a Harvard leadership class last summer. One of the professor’s comments that stuck with me is leadership is disappointing people at a rate they can absorb. There are limited resources and unlimited demands. Finding the right balance will be considerable. Thanks for your votes and the faith. Mayor Torre said thank you to friends and family, Aspenites and voters. I first ran for mayor 18 years ago. I’ve never been pursuing the title but the opportunity. This is a win to keep working. It is a tremendous honor and privilege. Than you to Bert and Adam for their service. Thank you Steve for all of your service. The amount of work he put in for our community is phenomenal. I look forward to working with my fellow council members. We have a great group that will do great work. On communication, the city is taking great strides. One of the things I believe in is being effective without being elected. There will be an opportunity for public input at work sessions. We will work collaboratively. I will have set office hours on Monday from 12 to 2. Call ahead but it will be an open door. Email me at torre@cityofaspen.com. We will be working on refining our current housing program to maximize existing assets. We are going to create new units with regional collaboration. We will continue the efforts of the previous council on the environment. We will lead in waste reduction. Community building, I believe we still need to strengthen our connectness with others. We will advocate for local business opportunities. We look for mental health and health resources, early childcare facilities and Aspen as a community not a commodity. NOTICE OF CALL-UP Resolution 4 APCHA – amendments to guidelines for emergency worker procedure and definition. Councilman Mesirow asked what is the call up process. Ms. Ott said this is the last time for any housing related call ups. The new IGA removes this provision. If you have an interest in having a discussion on any of these items, you will need to make a motion and second to call it up. It would then be scheduled for a work session. Mayor Torre said the call up would go to a work session. Will council vote on these items. Mr. True said not now but if you wish to make amendments to the proposal. It would then pass it back on to APCHA and the county. Ms. Ott said if you do not act on the item it has 60 days. After that it would go in to effect. All these items have been to the BOCC. Cindy Christensen, housing, said the hearing officer and fines and employee worker will go to the BOCC tomorrow. Councilman Hauenstein said we’ve discussed most of this at work sessions. The governance structure now is it takes so much time to get anything done. The call up will no longer be part of the approval process. APCHA will have final authority. We can slow things down by calling these up. I have nothing in these three guidelines I would like to delay by calling them up. I think they are all positive. All the little things can be worked on in the future. Councilwoman Richards said I appreciate this is the last time there will be a call up. I am OK with the first item, emergency worker procedure. I do have concerns with the second two. I want to thank the housing board for bringing these forward. There are small things that concern me particularly like a two week notice to get your qualification in. That is a very short time. I want to make sure whatever we pass is clear going forward. I’m concerned with the reduction in minimum housing sizes. The fact waivers were given to build smaller units is not a good reason to lower the standard. If we reduce the size further I want to see the credit reduced as well. There are some things I’m not sure are the appropriate roll of Regular Meeting Aspen City Council June 10, 2019 8 APCHA. Should they be fining someone if they are late paying their property taxes. That is for the assessor’s office. I am fully supportive of a hearing officer but not finding the criteria necessary for them to make a judgement that would stand. I want to make sure our program is responsible and not so heavy handed the housing is a reason people decide to leave. I request a work session on item B and C. I’m concerned with the fee schedule. Some is out of the shear frustration with people who are in violation. Councilwoman Mullins said resolution 4 and 5, we have heard quite a bit and I am comfortable going ahead. Reso 2 we have not heard much about. I would like to see that called up. We need more information. Councilman Mesirow said I am good on Reso 4. I’m in favor of a call up on 4 and 2. I want to better understand the appeals process for the hearing office. I would like more information on the compensation for that position. Reso 2, I’m concerned what is or is not included in the affordability standard. Why should it be a flat number. Unit size, in some cases smaller is more appropriate. Councilman Hauenstein said we’ve seen number 5 before and the fines are all or nothing. Is there a way to have a sliding scale. I think we had discussions on #2 but would support discussions. At a 20% reduction there should be no exceptions. I do not support a call up on Reso 4. Ms. Christensen said in regards to a hearing officer, we thought it was more of an administrative item. There will be criteria for that position to abide by. In regards to the square footage, this went to the BOCC last year along with the affordability standard. They did have concerns with the square footage. 99% of land use cases that came to us requested a reduction. 20% may be too much. Mayor Torre opened the public comment. 1. Peter Fornell said we are giving emergency workers the top qualifier status after one year of employment where the balance of the work force has to have four years to achieve that. There are problems with item C with unintended consequences. It use to be when I build a category 2 unit the price for the unit and cash in lieu was 1.15. for category 3 it was $1 for 85cents. It incentivized to build at a lower category. We use to have smaller square footage for lower categories. If a unit is the same size I can build whatever. It is an overall amount that I get. If the dollars are the same and the sizes, I have no incentive to build anything other than category 6. You are going to have developers that have varying goals. The plan you are constructing is a plan to only incentivize the highest category. He asked council to discuss this further. 2. Carson Schmits, APCHA board member, the reconstitution of the board is a good thing. I wasn’t on the board initially 18 months ago when it was passed. Excluding HOA dues would be a mistake. The 20% square foot reduction, I agree with everything that has been said. The 30% limit on bidding above category, you wouldn’t be allowed to bid up. It is not the right way to go about this. It puts APCHA in an underwriting situation and should not operate that way. If you want to limit people from bidding above category there are ways to do it. On affordability, I see the standard as a first step to raise rents and ownership prices. There should be differentiated between privately and publicly owned rental property. The 30% standard is a national standard. I’m not sure it is appropriate for Pitkin county. This disproportionately affect families particularly those with childcare. 3. Marsha Goshorn said I love that we are doing the emergency worker changes. On B and C the affordability standards and square feet, would love to see having a group look at the minimums. 4. Toni Kronberg said we need to figure out a policy for minimum house hold income requirements. Councilwoman Richards said she is supportive of the hearing officer position. I’m glad to hear they are developing criteria. She asked to see the criteria along with the resolution. Mr. True said we are planning on a special meeting on the 18th . We could add this then for formal adoption. Regular Meeting Aspen City Council June 10, 2019 9 ACTION ITEMS – Election of Mayor Pro Tem and appointment of Council Members to other boards and commissions Mayor Torre said staff would like us to choose a Mayor Pro Tem. Currently it is Ann. Councilwoman Mullins moved to appoint Councilman Hauenstein as Mayor Pro Tem; seconded by Councilwoman Richards. All in favor, motion carried. Mayor Torre said for RFTA , Ann has expressed her interest in continuing. I support her in that as primary. Councilwoman Mullins said it is important we get an alternate on that board. Councilwoman Richards said she would like to leave it as one position. I want to see how all the boards work for ti me commitment. I’m not sure I will be able to take a Thursday day meeting. I’ve always thought as RFTA as a mayor’s group. On CAST, are they formal enough now that they don’t have alternates. Ms. Ott said they do have alternates. Sometimes it is an employee or a 2nd elected official. I would be interested in CAST. I’m familiar with cast and appreciate its role in state legislative. Councilwoman Mullins suggested she be a temporary member. Mayor Torre said he is interested in the CAST position as well. Mayor Torre said I think we should have the discussion tomorrow and finalize on the 18th. At 8:00 pm; Councilwoman Richards moved to adjourn; seconded by Councilman Mesirow. All in favor, motion carried. Linda Manning City Clerk