HomeMy WebLinkAboutminutes.council.20190923Regular Meeting Aspen City Council September 23, 2019
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CITIZEN COMMENTS ............................................................................................................................... 2
COUNCIL COMMENTS ............................................................................................................................ 4
CITY MANAGER COMMENTS ................................................................................................................ 4
BOARD REPORTS .................................................................................................................................... 5
CONSENT CALENDAR ............................................................................................................................ 5
• Resolution #100, Series of 2019 – Contract between APCHA and Antero CRM for
HomeTrek automation project, Phase 2 through Colorado’s Statewide Internet Portal Authority . 5
• Board Appointments .......................................................................................................................... 5
• Minutes – September 9, 2019 .......................................................................................................... 5
ORDINANCE #25, SERIES OF 2019 – prohibition of weapons in city facilities .............................. 5
ORDINANCE #21, SERIES OF 2019 – Water Treatment Plant Facility – 480 Doolittle Drive –
Major Public Project Review ..................................................................................................................... 6
APCHA RETREAT PREP ......................................................................................................................... 9
PREPARATION FOR MOUNTAIN TOWN 2030 SUMMIT .................................................................. 9
RESOLUTION #102, SERIES OF 2019 ............................................................................................... 10
Regular Meeting Aspen City Council September 23, 2019
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At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilmembers Richards,
Hauenstein, Mullins and Mesirow present.
CITIZEN COMMENTS
1. Matthew Kyle spoke about seasonal housing at marolt. He has lived there for 5 winters.
I’m ok with rustic living. The rent was workable for me. The full rate was around $1000
per month. The city has instituted a 35% increase in my rent $1,218 plus $75 to park.
There is also a policy if you wanted to book ahead you have to start paying rent on
September 1st. Per APCHA, the maximum rental rate for most staying there are
category 1 or 2 and rent would be $646, half of what marolt is. It seems like the town
has something against seasonal employees. The city has dropped the ball in creating
seasonal housing.
2. Andrew Sandler said a gun is an inanimate object much like a first aid kit or a fire
extinguisher. You hope you never need it, but you also hope no one takes your right
away to use it if necessary. You cannot legislate against crazy. You cannot tell
criminals here’s a new law, please follow it and hope they do. This is an old mining town
in the old west. It is a slippery slope to erode our liberties. Even though it is a municipal
building especially when most people in this building don’t carry a gun or are trained on
one. I’m not sure where this came up. It seems like a random subject to be talking
about when there are so many other important things that are much more crucial than
this. I hope we do not remove people’s liberties and take away their gun rights
especially when bad guys will carry guns. You always want to make sure there is a
good guy with a gun.
3. Philip Wolf spoke about HB 1930 marijuana hospitality businesses. It would be a
wonderful opportunity for you to allow these. They will be regulated and viable
businesses. This will be a progressive bill going through the state. There is an
opportunity to start the conversation now.
4. Sharona Bishop said there is a trickle down effect, what happens in Aspen ends up in
Garfield county. Statistics show it will be an employee who opens up fire in a
government building. The constitution is not up for debate. It says thou shall not infringe
on our rights to carry arms. Even in a city or local municipality. I’m always amazed at
the audacity of a proposal like this because it seems to imply that you know better than
everyone else. The constitution is created in such a way to protect all men from a
tyrannical government. The second amendment is there to protect all of the others and
should never be thrown around the way it is today. The psychological fear is more
devastating than gun shot wounds. The inability for a citizen to protect and defend
themselves and the people around them because they think psychological fear is a
greater manifestation than actual bullets. She asked council to not consider banning
weapons as a real option. Spreading it to public parks is even more audacious.
5. Lauern Baubert echoed what Sharona said. It is not about feelings towards firearms or if
you can see a firearm. Concealing a firearm doesn’t make everything sunshine and
rainbows just because you don’t know it is there. If I’m disarmed I have no way to
neutralize a threat if someone bypasses the system. I do not want to be disarmed when
I am in a park. I want to be able to protect myself and my family. Entities who try to do
things like this have been found guilty by the Supreme Court for passing such laws.
These laws infringe on our second amendment rights. You are not above the Supreme
Court. We ask you not to pass this.
Councilman Mesirow said I respect that you have your perspective and I respect your
right to feel safe around your family. My perspective is when you walked in the door I
immediately noticed the firearm on your leg. All of my attention went there. I felt a wash
of fear come over me. My thoughts immediately go to where do I hide, where do I run.
The consequence of which was a complete shift in energy and focus, at least for me, to
Regular Meeting Aspen City Council September 23, 2019
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the point where I don’t even know what the first part of what Philip said was. That is
something that is important to consider. Ms. Baubert replied I’m sorry that your
concentration level is that small. She asked if a police officer walked in with a firearm
would you have had the same feelings. Councilman Mesirow said he ask that you have
the same level of respect. She replied my rights do not end where your feelings begin.
6. Phyliss Bronson said Aspen is not Garfield county and we have a right to make our own
assessments on how we want to govern. Gun control is the number one public health
issue in the county. The W hotel has turned out to be very poor neighbors. They are
infiltration the east end neighborhood with giant black vans. They claim they don’t have
enough space on their property. She stated she is disappointed in the 2 roof city offices
solution. The armory is the seat of city hall. We were told it was going to be a two roof
solution.
7. Steve Berk said as a person who holds several firearm permits and someone in the
defense business, this community has been an open carry state for years and years.
What has happened to bring this amendment. When was the last time there was a
firearm discharged in a city building. I know the gun issue is a major issue in this
country and you want to be political. I think what you are doing is a reaction. I have
more fear of being hit crossing the street than getting shot.
Mayor Torre replied I don’t want to wait for a gun to go off to act. This started for me
when we started looking at safety for the new building.
8. Stephen Olitsky said I’m a gun carrier myself. He asked who brought this forward. It
should be made public who brought this forward because I’m not voting for them again.
He asked if there has been a public threat in a public building.
9. Maggie Silvers said I support what everyone here has said. Are we a threat. I just want
to keep myself and my child safe. I don’t remember anyone running on this platform.
You know you wouldn’t have been elected if you did. I felt safer having a weapon in the
room.
Councilwoman Richards said since the election we saw the El Paso and Ohio shootings
and multiple others. Public corporations and businesses are concerned about the safety
of their customers include Aldi, Walgreens, CVS and others.
10. Lee Mulcahy said the judge ruled the APCHA rules of decorum are not viewpoint neutral
or constitutional. When a court says your board is violating the constitution we got
problems. This has gone on too long.
11. Sandy Mulcahy said I’ve talked a number of times about the difficulties that have gone
on with APCHA. They have committed some unbelievable violations. You need to look
at what they have done to us. It is absolutely wrong.
12. Bob Morris said you do not get to go in a federal court building with a firearm. The
proposal might be to take a firearm away from people when they enter a building then
give it back when they leave. He asked about the bike lane on Mill street by the
wheeler. I don’t notice the mountain anymore with the bright yellow huge bike lane
there. Curious who makes the decisions how pedestrian and bike lanes are done. He
commended the council for taking a proactive stance on a problem that may never be a
possibility.
13. Toni Kronberg thanked Skippy for the category 1 conversation. Our focus should be
shifted to supply worker force housing. She thanked the kids who participated in the
climate march. When we declare an emergency we need to declare what we are doing
at home. We went from a 1 roof solution to a 2 roof solution. I strongly believe we need
to do what we told the voters we were going to do and keep city hall in armory hall.
There are a lot of people in the community who want to give their opinion and we haven’t
had the opportunity
Regular Meeting Aspen City Council September 23, 2019
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COUNCIL COMMENTS
Councilwoman Mullins said we still have a 2 roof solution. This building still remains city offices.
On APCHA, I think we are in much better shape with 2 members of council. On the gun
discussion, thanks for coming. We may have heard just one side. Please come back to the
next meeting and I hope we have an even better discussion. CML district meeting was in
Snowmass Village. We had an overview on what is going on at the state. The next district
meeting will be in Aspen. The state meeting is in a few weeks in Denver. Sorry to have missed
the march on Friday. I heard it was wonderful and much appreciated by the participants.
Councilman Hauenstein said I like hand guns but open carry is stupid. I think you would be the
first target. No one is proposing to take your guns away but make this a gun free zone. There
are some members of staff who are fearful. I’m not fearful but it doesn’t extend to all members
of staff. We have staff members with children who are concerned for their safety. When I was
in DC firearms are not allowed in any offices. It is not taking your right to carry away but just in
city offices for the safety of staff. I wish we had a better range. I like shooting. He attended
mountain pac in DC. They are looking for full funding for the conservation fund. They met with
representatives from various states as well as Senator Gardner. He came out last week for full
support of the fund. We met with a bunch of other senators and Nancy Pelosi’s staff. The
climate strike was wonderful.
Councilwoman Mullins said we are looking at the health and human services grants. There are
other groups looking at cultural and arts grants. It is confusing for the applicants and those
reviewing the grants. She would like council to have a work session to talk about the grant
process. It was about 1.6 million dollars last year. Councilmembers Richards and Hauenstein
support that.
Councilman Mesirow thanked the kids who led the climate march, it is incredible that we have
school age children who are taking the time to make the world a better place. There was an
article in the paper on housing. I’m new up here and still learning how to work with staff and
fellow council members. The article came forward at a time when we are working on the
guidelines. I don’t think that was conveyed as well as it could have been. I used strong
language because I feel strongly about inclusionary housing. I heard back from all kinds of
people on all sides. I wanted to take the time to apologize to anyone who thought they were
accused. I would like to communicate that this opportunity is ours.
Mayor Torre gave a thanks to Lead with Love for your seminar. Accolades for Ruggerfest for 52
years in Aspen. It is such a neat event for Aspen to host and he is glad the city is supportive of
that. 40 years of Aspen film are going on this week. If you get a chance look up the schedule.
The climate march was amazing last week. It was a call for us to do more than we already do.
Reduction in carbon emissions by 30 percent by next year. We need your help. There is
personal, local, state, national and international responsibility. I am calling on personal action.
Whether it is composting at home, not accepting single use plastic, bringing your own to go
containers. We will do some of the local.
CITY MANAGER COMMENTS
Sara Ott said Galena plaza is not covered at tomorrow’s work session. There is an info only
memo that outlines the process. The design team is just getting started on their work. This is
the last Monday council meeting. Starting the 8th regular meetings will be held on the 2nd and 4th
Tuesdays at 5. Electric busses are in testing driving around town. It is a long time of work
coming to fruition. We are also moving forward with final repairs to compete the castle creek
Regular Meeting Aspen City Council September 23, 2019
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bridge project during the week of October 7th. There will be significant detours. We will also be
having a conversation with the USDA.
BOARD REPORTS
Councilwoman Richards attended the Colorado river district annual meeting in Grand Junction.
The conversation focused around uncertainty. The drought contingency plan has been signed
on to by a number of states. It is focusing on demand management. There is concern about
the long term loss of west slope agriculture. The single largest user of the Colorado is the front
range. There will be a free dental care clinic October 4th and 5th at the Glenwood Springs high
school. Adults and children, no questions asked. She spent 3 days with Club 20. They
discussed the 2020 debates. January 23 and 24 is a legislative trip to Denver.
Councilman Hauenstein said CCLC is cleaning up the alley ways. 2 weeks left to the Saturday
Market. They talked about increasing composting in the core. CORE is working on their
anniversary celebrations and the work plan for next year.
Mayor Torre said ACRA meets tomorrow at 8:30
CONSENT CALENDAR
Mayor Torre said on the consent we are approving Julie Hardman for open space and trails
regular member and Adam McCurdy as an alternate. Thanks to those applicants and everyone
who applies for the volunteer boards.
• Resolution #100, Series of 2019 – Contract between APCHA and Antero CRM for
HomeTrek automation project, Phase 2 through Colorado’s Statewide Internet Portal
Authority
• Board Appointments
• Minutes – September 9, 2019
Councilwoman Mullins moved to adopt the consent calendar; seconded by Councilman
Mesirow. All in favor, motion carried.
ORDINANCE #25, SERIES OF 2019 – prohibition of weapons in city facilities
Councilman Hauenstein said this is a symbolic measure. Without active enforcement it means
nothing at all. I would like council consideration of what the cost would be if we were to enforce
this and what the budget impact would be.
Councilman Mesirow asked for more clarity on what this does or does not apply to. He asked
about affordable housing owned by the city. Ms. Ott replied should it be enacted it is city owned
buildings with appropriate signage noticing it. I would designate what buildings need signed. I
would not be making assumptions for affordable housing buildings. Councilman Mesirow said it
would not include housing or parks. Jim True, city attorney said you have that authority.
Councilman Mesirow asked about city offices in building we don’t own. Mr. True replied we
have that authority.
Councilman Hauenstein said this is not a politically correct measure. It is safety of staff.
Councilwoman Richards said I would add the general public.
Councilwoman Mullins moved to read Ordinance #25, Series of 2019; seconded by
Councilwoman Richards. All in favor, motion carried.
Regular Meeting Aspen City Council September 23, 2019
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ORDINANCE NO. 25
(SERIES OF 2019)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING CHAPTER 15.04 OF THE ASPEN MUNICIPAL CODE, MISCELLANEOUS
OFFENSES AND PENALTIES, BY THE ADDITION OF SECTION 15.04.740. DEADLY
WEAPONS IN CITY BUILDINGS PROHIBITED
Councilwoman Richards moved to adopt Ordinance #25, Series of 2019 on first reading;
seconded by Councilwoman Mullins. Roll call vote. Councilmember Mesirow, yes; Hauenstein,
yes; Richards, yes; Mullins, yes; Mayor Torre, yes. Motion carried.
ORDINANCE #21, SERIES OF 2019 – Water Treatment Plant Facility – 480 Doolittle Drive –
Major Public Project Review
Garrett Larimar, community development, said the water plant facilities are located up Castle
Creek road, west to Meadowood and Moore subdivision and adjacent to the water place
housing. The property was annexed in 1982. In 1983 it was rezoned to public and an SPA was
applied. SPAs are now considered PDs. In 1984 there was an amendment for improvements
for additional structures. In 1996 another amendment to subdivide into 25 lots and create the
water place housing. This is a major public project review. Council is the final decision making
authority. There is a major amendment of the PD for additional structures and square footage,
GM review, 8040 greenline review, transportation and parking management and conditional use
for one of the structures. This is mandated by the state of Colorado for governmental agencies
which permit an expedited review process. The city adheres to the regular review process.
This went to the development review committee with referral agencies. They can provide
conditions of approval, advisory comments or request changes to the application. The next step
is a public hearing with P&Z. They make a recommendation to council and consider the
employee generation. Last is a one step combined review with council. He showed aerial
images of the facility. There is an admin building that houses admin and management staff as
well the raw water building, electric and water distribution building, reservoir, 2 clarifiers and
west and east plant buildings. There is also a treated water tank with a solar array and residual
treatment area. He showed the proposed site plan with the proposed improvements. The
request is to expand the administration building, new vehicle maintenance facility, expansion of
raw water storage and expansion of residual treatment area. The admin building sits on top of a
water storage tank. The addition would extend above the remainder of the storage tank.
Vehicle storage would permit unified storage. The west plant addition is also proposed. The
reservoir is also proposed to expand. The existing is 9.2 acre feet. The total would be 25.86
with the expansion. Staff has stated current raw water storage accommodates ¼ of a peak day
demand. This would improve resiliency. This is not a solution for long term storage options that
are being considered. The final request is expanded and improved residual treatment areas.
Proposed a phasing plan mainly due to budgetary considerations and refinement of design and
permitting requirements. Phase 1 would be the vehicle maintenance and storage building,
phase 2 would be the treatment and west plant expansion, in 2021. Phase 3 is the admin
building and the final stage is the reservoir expansion in 2025. This is in the public zone district.
The majority of the improvements are permitted uses in public zone with the exception of
vehicle storage, that requires a conditional use. The application complies with the PD, 8040
greenline and conditional use and major public project review. For transportation and parking
more details are needed. The applicant is to provide them prior to building permit issuance.
There is limited access to the site and it already contains the amenities you would expect. They
are working with engineering to find solutions to the immediate area. Growth management
review, there are elements that require input. A number of questions from first reading and
were responded to in the memo. There are 2 important aspects to GM review. Annual
Regular Meeting Aspen City Council September 23, 2019
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allotments are generated but there is no cap on the limit. 2nd is the code provides an employee
generation rate of 5.1 FTEs per 1000 square feet. For non office there is a path forward with
P&Z and council setting the rate. At P&Z the rate was determined. We are looking for input on
the affordable housing requirement based on that generation. There are 26.5 FTEs on site.
APCHA reviewed the current generation and provided a recommendation of an employee audit
prior to building permit issuance. Any employees generated from the audit will require
mitigation. Council review is to determine the affordable housing mitigation requirement.
Council can waive, partially waive or require mitigation. Staff recommends council approve the
requirements for reviews subject to conditions.
Councilwoman Richards said she would not like to waive the mitigation but make it required.
She is glad to see the reservoir expansion a little further out. She wants to double check the
soils and capacities. Safety has to be something entirely insured. She fully agrees with more
short term capacity on hand.
Councilwoman Mullins said her two concerns are GM and TIA. I support we do not waive
affordable housing mitigation. She thinks we need to exercise the audit. Where are they
lacking in the TIA planning and how do you propose to go forward.
Patrick Rawley, representing the applicant, said the vehicle storage building is intended to store
large heavy equipment. The expansion of the admin building will consolidate current employees
and provided dedicated meeting place. Previously, there was some work to remodel the admin
building but cost prohibited. The expansion will provide adequate office space and meeting
space. Integration of the new chlorine structure and tanks are for operational efficiencies. All of
the proposed development is not new but to enhance what is currently going on. It will not
increase the number of employees. The expansion of residual treatment area will provide
additional redundancies. The reservoir expansion is there to meet daily and possibly long term
resiliency. No new employees are anticipated to be generated from this. Development will
occur over multiple years. In 1997 there was an SPA amendment to identify what is
developable. That is 4.6 acres. .08 to 1 floor area ratio which generated 16,030 square feet
allowable floor area. We show we are 61 square feet over what was formally approved. He
showed the site plan. The water place affordable housing subdivided the original acreage. He
showed images of the garage as designed. The admin building addition is 1,600 square feet.
The current exterior deck will now be meeting space and offices. There is a 572 square feet
addition to the west plant chlorination area. It will also enhance operational efficiencies. The
backwash facility will provide for additional pond redundancy. Only having one pond it
eventually gets filled up with materials. The second pond will give additional redundancy and
capacity. The expansion of raw water provides for increased daily supply of water to the city. It
will provide for disruption against avalanche, wildfires and contamination or unforeseen events.
9.2 acre feet exists to be expanded to 25.86. A little under 5.5 million gallons of water. On
phasing, the maintenance building will be first, followed by the backwash pond, west plant,
admin expansion and reservoir last.
Conditions of approval, we feel the 2 year look back is appropriate. We will work with APCHA
on the front end to identify the 26.5 FTEs currently on the site. Additional documentation will be
provided. If there are additional employees we will mitigate. We are also fine ensuring the
impacts to native plants are minimized. We’ve met with engineering. Access to the site is
controlled. Many features that would be typically part of a TIA are already in use. There is a
possibility to be part of pedestrian improvements for other developments. At the base of
Doolittle drive is a walkway with a handrail that could be an option or at the bus stops. We will
continue to work with engineering to meet our obligation.
Councilwoman Richards said there are safety factors when dealing with chlorine. She would like
to plan for solar on the facility where possible.
Regular Meeting Aspen City Council September 23, 2019
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Councilman Mesirow said he is supportive of the project. He seconds Rachael’s points about
solar and full mitigation. It sounds like the existing employees have never been mitigated for.
Mr. Rawley replied in one way or another they have through the city constructing affordable
housing units. Mr. True said we don’t have individual credits but the city has at times accepted
that we have created a lot of housing. We have used those produced inventory as mitigation for
development. Councilman Mesirow asked about the accounting of that. He would like to fully
mitigate for all the employees at the building. Councilwoman Richards said that is a different
standard than any private sector business would have. Councilman Mesirow said if I could retro
go back and mitigate for those employees I would. I understand why we don’t do that.
Councilwoman Richards asked should we increase everyone’s water rates to mitigate for that.
Councilman Mesirow replied no. I simply look at it from a baseline of 26 employees in the city
and we mitigate for 60% that have never been mitigated for. Councilwoman Mullins replied it is
a worthy discussion but a real policy shift. The precedent is for essential public facilities to have
these audits. If there are additional employees they be mitigated for but not to include the
previous. A few years ago there was a waiver of mitigation on historic buildings in town. It was
not done on one project but a step back to look at the whole project. I don’t think the correct
way to do it is to change the policy for this one project.
Councilman Hauenstein said there was an in depth discussion about existing buildings and
mitigation for them. I don’t support going back and calling for housing for the existing
employees at the plant and facility. I agree with Ann if we want to have that discussion as a
policy discussion in the future.
Councilwoman Richards said I could see it as a future work session. At some point it is the user
of the services of the facilities that will change. It starts to be where do the dollars come from. I
understand your broader intent. We want to be up front with the same that anyone else would
do moving forward.
Mayor Torre opened the public comment.
1. Toni Kronberg said I support the application. It is long overdue. The new city hall
generated employees were mitigated by relying on prior credits. So is this. We are
shorting ourselves. A policy discussion needs to happen on this topic. The ordinance is
based on a lot of conditions. A lot is happening between now and building permit and
there is not an opportunity for public comment. There are a lot of things where we don’t
know what we are really going to get. There are too many conditions left unknown.
Mayor Torre closed the public comment.
Councilman Hauenstein said the drain line for future expansion is that using the existing drain
line. Ryan Leobach, utilities, said we haven’t’ done the hydraulic analysis to see if it is sufficient
yet. Councilman Hauenstein said he agrees with the housing survey. I don’t want to waive
mitigation. Are there any public trails on site. Andy Rosello, utilities, replied there are 2 trails on
site. There is the back road that continues towards Highlands and a second trail. We’ve met
with parks extensively and they did not feel the trails would be affected. Councilman
Hauenstein said he is supportive of this.
Councilwoman Mullins said she supports the affordable housing 2 year audit and no waiver. On
the TIA it sounds like you are going in a good direction. The existing bleach building the pipes
will be eliminated. Mr. Rosello stated we feed chlorine to both buildings. The lines are
problematic in the winter. This facilitates the movement of chemicals on site. Councilwoman
Mullins said on the natural environment she would love to see a condition about eliminating
noxious weeds on site.
Regular Meeting Aspen City Council September 23, 2019
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Councilman Mesirow said on P&Z there were several projects with multi year audits. Can’t we
just say any time a new employee is added it is mitigated for at the time. Mr. True said you
have that right. Are you talking about it as a general policy for all growth or just proposing that
here. Here, you clearly have the authority. Councilwoman Richards said I would add a 10 year
audit to the count as well. Councilwoman Mullins said I want to go back to the precedent and if
we are going to change it we need to have a conversation on the impacts of the change. I
would not support a rolling audit until we have a bigger conversation. 5 years would match up
to the reservoir expansion.
Jennifer Phelan, community development, said the recommendation APCHA and P&Z made
was the first audit 2 years out of the final phase of completion. You are probably not looking at
an audit for 7 years. Councilwoman Richards said it sounds like 2 years after the completion of
the project then we could make it 5 years after that.
Councilwoman Richards move to adopt Ordinance #21, Series of 2019 with the amendment for
a 5 year audit after the completion of the project for affordable housing mitigation purposes.
Council direction is to not waive the mitigation requirement. Seconded by Councilwoman
Mullins. Roll call vote. Councilmember Mullins, yes; Richards, yes; Mesirow, yes; Hauenstein,
yes; Mayor Torre, yes. Motion carried.
APCHA RETREAT PREP
Councilman Mesirow said the intention of the retreat is to come up with a work plan for the
following year. Councilwoman Mullins said she would like to see a discussion on funding and
the county and city partnership. Is it affordable housing or work force housing. She asked for a
discussion on what percentage we would like to house. Is it 100 or 65 or something else. She
suggested a discussion of the different housing opportunities. Councilwoman Richards said
APCHA is a policy board not construction or planning and zoning. Councilwoman Mullins said
these are all issues APCHA should be weighing in on.
Councilman Hauenstein asked on additional funding, is the board thinking of doing
development. Councilman Mesirow replied I don’t know that. Ms. Ott said one of the
requirements of the IGA is the board to develop an annual workplan and 5 year strategic plan.
Both come back before council for approval in conjunction with your budget conversation. The
packet contains a pretty optimistic list of items to tackle. The board needs to prioritize those.
Regarding funding, the IGA makes an assumption that APCHJA is 1/3 funding themselves then
2/3 by the other jurisdictions. Mr. True said APCHA has power to pursue a tax. That is not
what has been contemplated. There are other steps that need to be taken in order for APCHA
to exercise their powers.
Councilwoman Richards said the real goal is to break down the silos between APCHA. She
asked how do we have true public engagement about the guideline changes. She said the real
goal is to break down the silos between APCHA. She said engaging the public should be on the
agenda. People are afraid about what is going on with the changes.
Councilwoman Mullins said she supports the public outreach.
PREPARATION FOR MOUNTAIN TOWN 2030 SUMMIT
Ashley Perl, environmental health, said Chris Menges will be going on behalf of the city. Part of
the agenda revolves around commitments. They are looking to have a conversation and for
folks to walk away with a commitment in mind. Examples of commitments include a numerical
green house gas reduction goal. If you are considering of going with a goal in that area I would
Regular Meeting Aspen City Council September 23, 2019
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suggest an interim goal that is in line with the ones we already have. Another goal would be
more program specific like waste reduction or transportation. Park City is asking Aspen to come
and take a leadership role.
RESOLUTION #102, SERIES OF 2019
Mr. True stated Aspen Public Facilities owns the property. There are subleases to the Isis retail
group and theatre. There is also a penthouse on the top. The Isis retail group has subleases
and the purpose of the original project was the city to issue COPs to finance the redevelopment.
They would retain ownership through the APFA. The Isis retail group advised us early in the
year they wish to sell their interest. They would pay off their portion of the COPs. It would give
us the obligation to convey the property to them in fee simple. They gave us notice they would
sell to a 3rd party for some 13 or so million dollars. They gave us notice of right of first refusal.
Council decided not to exercise their right of first refusal so the sale has moved forward.
Resolution 102 approves all the complicated agreements that are necessary to complete the
sale by Isis retail group to a 3rd party. We retain rights associated by Aspen films property if
they decide to sell. It is relatively simple. Isis retail group wants to sell to a 3rd party and we
have to accommodate that. A portion of the COPS will be paid off.
Councilman Hauenstein said the balance is 4.46 million. Mr. True said I thought it was 2.3
million. Both parties have been paying down the COPs since 2007 or 2008. The balance is
6.695 million. Isis retail will pay off 4.46 leaving 2.03 left outstanding. That amount is the
obligation of Aspen film to pay off. Once they do the city is obligated to convey the property to
Aspen film. Councilman Hauenstein said we were offered the opportunity for first refusal. If we
could have got it for 4.46. How do we get in to that situation. Councilwoman Richards said
Sam Houston tried to sell it to the city but it wasn’t doable at the time. The city did not want to
lose the theatre. The partnership was assembled. Mr. True said the redevelopment had
happened and we were trying to bail out a potentially failing movie theatre operation. We made
a deal with IRG and film fest to pay off COPs the city would use to acquire the property. We did
not have the ability to pay the 4 million left in the COPs. Once they are paid off the deal was it
would go to those entities.
Councilwoman Richards asked will the theatre still be deed restricted. Mr. True replied to a
degree. There is still an ability for the owner of the film fest to come in and say it is not
financially working. Councilwoman Richards asked about the first right of refusal. Mr. True said
if the price changes they would have to give us another opportunity.
Councilwoman Mullins said the challenge for us is to make sure the Isis remains a theatre if we
want to. Mr. True said they do have obligations but the recognition is Aspen film is Aspen film.
This is for the commercial units to the west.
Mr. True recommend council continue this meeting until 9:15 to convene the public facilities
authority to approve a resolution that is the same as this resolution. At this point it is the
authority that owns this property.
Councilwoman Richards moved to continue the meeting until 9:17; seconded by Councilman
Mesirow. All in favor, motion carried.
Mayor Torre called to order the Aspen Public Facilities Authority. All present except for Pete
Strecker. Authority member Richards moved to appoint Torre as chairman. All in favor, motion
carried.
Mr. True said the board needs to approve the resolution that is in the packet. It designates the
finance director with the authority to sell the property and sign the closing documents. It will be
conveyed from the public facilities authority directly to the 3rd party buyer. The RETT will be
paid by that buyer.
Regular Meeting Aspen City Council September 23, 2019
11
Authority member Richards moved to approve the APFA to direct the sale; seconded by
Authority member Mesirow. All in favor, motion carried.
At 9:13 Authority member Richards moved to adjourn; seconded by Authority member Mullins.
All in favor, motion carried.
Mayor Torre called the regular meeting to order.
Mr. True recommended Council go into executive session pursuant to C.R.S. 24-6-402 (a) The
purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest; (b)
Conferences with an attorney for the local public body for the purposes of receiving legal advice
on specific legal questions and (e) Determining positions relative to matters that may be subject
to negotiations, developing strategy for negotiations and instructing negotiators.
At 9:20 p.m. Councilman Hauenstein moved to go in to executive session; seconded by
Councilwoman Richards. All in favor, motion carried.
At 10:15 p.m. Councilwoman Mullins moved to come out of executive session; seconded by
Councilman Hauenstein. All in favor, motion carried.
Councilwoman Mullins moved to adjourn; seconded by Councilman Hauenstein. All in favor,
motion carried.
Linda Manning
City Clerk