HomeMy WebLinkAboutminutes.council.regular.20210608
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REGULAR MEETING ASPEN CITY COUNCIL JUNE 08TH, 2021
At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Richards, Mullins,
Mesirow, and Hauenstein in attendance.
SCHEDULED PUBLIC APPEARANCES:
Mark Godomski of The Aspen Valley Ski Club (AVSC) presented a Community Partner Award to the City
of Aspen. Mr. Godomski said the club faced many challenges throughout the winter and they would do
whatever they could as a club that the city would allow them to do. There weren’t as many kids
involved, but at the end of the day, the mission was served. From the grant support to the scholarship
money, the special event support and Nordic trail support that you give to us, we want to thank you.
City Manager, Sara Ott, introduced Austin Weiss, Parks and Open Space Director. Mr. Weiss said he
really appreciates the partnership with the Aspen Valley Ski Club. When we see the programming taking
place, it brings upmost joy. He said there was a flawless execution throughout the season of COVID
protocols and facing all challenges.
CITIZEN COMMENTS:
Mike Maple – Mr. Maple said thank you for everyone being here in person as well as all of the hard work
over the past year. He was impressed with how the city pivoted to provide support for the local
businesses. It was an admirable effort, and he was stunned that the city was able to adapt as quickly as
you did. A month ago, there was a work session about communication. A survey went out about
communication with the city, and he would like for the agenda to be published in the paper again. The
issue with the newspaper was acknowledged in this work session, so please endeavor to do that.
Regarding stage 2 water restrictions, as a taxpayer and utility user, it’s his expectation that they deliver
services on a cost neutral basis. A drop of water saved today is not a drop of water we can use month
down the road. The rivers are flowing, so this isn’t appropriate to have stage 2 restrictions at this time,
and the rates are doubled. His last point is regarding the recycling center. Aspen is a leader in
environmental issues, and we have this incredible recycling center that isn’t really a recycling center.
During this pandemic, he produced a lot more cardboard. It was stunning that he couldn’t take his
cardboard to this center. This is a place to start to have an effective and useful recycling center.
Lee Mulcahy – Mr. Mulcahy said he is grateful for many things. He spoke about the President of France
being slapped in the face by a student and said he hopes that is what happens to city council. He spoke
about coming together and said he’s going to write a book.
COUNCILMEMBER COMMENTS:
Councilor Hauenstein said it’s an honor to serve with Ann over the past four years and condolences to
her for enduring his eye rolling humor for four years.
Councilor Mullins asked to make a comment before she steps out.
Councilor Richards said that Mike’s comments are a little timely. She thinks the drought has severely
worsened very quickly. She’d like a regular report from the water department at the beginning of
meetings regarding city supply. She said that Mike hasn’t fully grasped the connectivity of the river
system and enjoying the water that we do. Right now, federally, they are applying federal laws to the
river. She talked about different rights and said that Aspen does not have storage. It’s a relatively
precarious situation. Everything is connected in the water world and there is no way to isolate the flows
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REGULAR MEETING ASPEN CITY COUNCIL JUNE 08TH, 2021
in that sense. She thanked Ann for her time and patience with her during this past year and said it’s
been hard during COVID. She appreciates her kindness and thoughtfulness, and the contributions she
has made are immeasurable.
Councilor Mesirow said he has a lot to learn from Rachel. He said a heartfelt thank you to Ann and to
John for entering into public service. He said it’s a huge investment of time and personal space and
putting yourself out there in a vulnerable way. He thanked John for stepping up to do this. He touched
on the fact that there are people in the room. How nice is this. We’ve all come through a lot and it’s
truly beautiful to see some normality happening. The AVS award is going in the wrong direction. We are
lucky to give and support. The real work is out on the hill and at the staff level. Going through the
pandemic, all trails, were that outlet which kept a lot of people sane and healthy. He thanked everyone
who played a role.
Councilor Mullins said about a month ago she was talking to Sara about June 8th and asked if we could
do it in person for herself and John. She thanked Sara for making this happen. She said that following up
on Rachel’s comments, our waterflow is down at least 70% because of the early snowmelt. She feels we
should consider moving into stage 3 because we’re starting behind already. The Roaring Fork looks
healthy now, but it’s not even close to what it normally is.
Mayor Torre asked Sara about a two-week update on the drought issue. Ms. Ott said yes, they can
provide an update at the next meeting.
Mayor Torre said his comments are on COVID and masking. We are all happy to be back in same room.
There are people still choosing to wear masks in certain situations. He wore his into City Market recently
and said some businesses have their employees wearing masks still. I’m asking for tolerance and
respect. Let’s exercise patience with everyone. Let’s keep our heads about us and be respectful of
others.
City Attorney, James R. True, commented on adding a brief update on the Centennial issue for the
executive session.
CITY MANAGER COMMENTS:
Ms. Ott said that 1300 food tax refund checks are headed out the door in Thursday’s mail. She said they
are watching the restaurants using the right of way closely and the encroachment on ADA access. Staff
will be watching this very closely for full access to be provided to the public.
BOARD REPORTS:
Councilor Mullins said she has no board reports.
Councilor Richards said she attended the Club 20 retreat in Grand Junction and this past Friday was a
review of facilitators notes. Their goal is to broaden their influence and focus on agriculture and public
lands. They have had good support and renewal of memberships during COVID.
Councilor Mesirow said he had Northwest COG and they received responses from the member survey.
They looked at the ski area retention bill and trying to keep some dollars in Colorado, as well as a transit
bill. He is supportive of both of these. At APCHA, they are moving forward to the second reading of
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REGULAR MEETING ASPEN CITY COUNCIL JUNE 08TH, 2021
required inspections of homes that are being sold. This is the first step to bringing standards for sellers.
This is a big shift in the program for bringing accountability into the system.
Councilor Hauenstein said he has no reports.
Mayor Torre said he had the Board of Health last week and there are no secrets there as the mask
mandates were taken down. We will reconvene on July 15th after the 4th to revisit things. Tomorrow is
the Wheeler Board and will be an in-person meeting.
CONSENT CALENDAR:
There were no items pulled.
Councilor Richards moved to approve the consent calendar; Councilor Mullins seconded. Roll call vote:
Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Mayor Torre said this is time to recognize Ann for her service. He spoke about her many contributions to
conservation and to the community. Her service at the council table has been instrumental in some of
the direction they are finding themselves in now. He presented Ann with a gift from all of council. A
round of applause ensued.
Councilor Mullins said when she came to Aspen in 1971, 50 years ago, she never thought that sitting at a
council table, was in her future. It was the 70s and young people ruled the world. Aspen was such fun,
and it was such an exciting place. She had a great appreciation for the outdoors. She spent a summer
living in a tent on Castle Creek as housing was tough back then too. She couldn’t quite find her place in
town, so she left and got married and had kids and eventually she came back and found a place for
herself. She feels she and council have accomplished so much in the past eight years. It’s not just one
person on council, it’s the city staff and community. She mentioned Carolyn Sackariason’s story in the
Aspen Times about all she has accomplished. She said she saw so clearly going through COVID, how it’s a
team effort and produced one of her proudest moments she’s had on council. She thanked everyone
and the community for electing her, as it has been the biggest honor of her life. She has worked with
stellar council members and a total of nine over the years. It’s been great. Lastly, it’s such a privilege to
work with city staff that is so inspired and dedicated. With that, she will be on her way. She’s going to
take her name plaque and ride off into the sunset. She thanked everyone so much for everything and
allowing her to do such great things for the city.
Councilor Mullins motioned to adjourn her last meeting; Councilor Hauenstein seconded. Roll call vote:
Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, no; Torre, yes. 4-1, motion carried.
Council took a seven-minute break.
Mayor Torre welcomed back and introduced the swearing in of John Doyle and Ward Hauenstein. Judge
Brooke Peterson swore in the members and signed their oaths.
Mayor Torre called the meeting to order and then announced a five-minute break for photos.
CITIZEN COMMENTS: None.
COUNCIL COMMENTS:
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REGULAR MEETING ASPEN CITY COUNCIL JUNE 08TH, 2021
Councilor Doyle said he didn’t prepare anything but that he is honored and humbled to be here and is
looking forward to working with staff and council over the next four years. He said thank you and let’s
get to work.
Councilor Hauenstein said he has some second term words. He’s humbled and honored to serve the
citizens of Aspen and thanked everyone. He said without competent staff, we’d have no wind, no sails,
no rudder. He said that four words come to mind: patience, courage, wisdom, and balance. He quoted
Lao Tzu and Victor Frankle. He said he always tries to be impeccable with words, don’t make
assumptions, don’t take things personally, always do your best and be skeptical but learn to listen.
Councilor Richards welcomed John and welcomed back Ward.
Mayor Torre welcomed John on board. He said it’s been a pleasure working with Ward. He said he only
has one thing to say and that it’s probably not what you’re expecting. It’s different for everyone. And
that is both good and bad and just welcome it with open arms.
NOTICE OF CALL-UP: P&Z Approval for ACES - Conceptual Commercial Design Review – Kevin Rayes, City
Planner
Mr. Rayes said ACES is undergoing several improvements on site. This is call-up is related to the Bird of
Prey building and the Visitor Center. Expanded. ACES is becoming more popular, so they are adding
more space for visitors and employees. These were reviewed by the Planning & Zoning Commission on
May 4th. The staff recommendation is to uphold the P&Z approval.
Councilor Mesirow mentioned that the approval wasn’t unanimous, and he asked for an explanation.
Mr. Rayes apologized for the minutes not being included as they were not ready on time. There were
concerns about the removal of trees and expanding the roundabout so that is where the decision came
from.
Councilor Richards said she is concerned about the encroachment on the stream margin review. She’s
worried this will set a precedent. This is more about the surrounding habitat. Mr. Rayes said that both
buildings are in the stream margin review area. On the Bird of Prey building, they will add dormers to
the roof and aren’t increasing the building footprint and the Visitor Center will encroach 5 to 10 feet.
Councilor Richards thanked him and said she is not interested in calling this up and all other council
members agreed.
FIRST READING OF ORDINANCES:
Ordinance #15, Series of 2021 – 925 King Street – Minor Subdivision and TDR Establishment – Michelle
Bonfils-Thibeault, City Project Manager
Councilor Richards motioned to read Ordinance #15; Councilor Mesirow seconded.
City Clerk, Nicole Henning, read Ordinance #15.
Ms. Bonfils-Thibeault said the applicant is requesting two TDR’s and described where the lot is located in
the R15 zone district.
Council asked clarifying questions of Ms. Bonfils-Thibeault regarding lot splits and historic designation.
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REGULAR MEETING ASPEN CITY COUNCIL JUNE 08TH, 2021
Phillip Supino, Community Development Director, clarified that the applicant is using the term
subdivision and not lot split. Council is asked to review the request from the applicant, but staff is not in
a position to suggest a different course of action to the applicant, and they have not requested a historic
lot split.
Council continued to discuss.
Mr. Supino said they will provide more information at second reading.
Sara Adams of Bendon Adams said the entire property is the historic designation and is tied to the legal
boundaries of the property. She said no matter what, we will need to amend the historic designation
boundary.
Councilor Hauenstein said he would like clarity on the property and the asset and why one structure has
been moved two times.
Councilor Richards said she would appreciate information on that as well. She said this makes her think
of the Paepcke house, as the gardens were more important structurally. She suggested a site visit for
this property.
Councilor Mesirow said he would like an “if then” matrix for the next meeting in terms of what is
possible on this site, so that he can make a decision with clear eyes.
Councilor Doyle said he supports a site visit.
Ms. Ott said the site visit typically happens the day before or the day of the public hearing. She
suggested doing it on the 22nd.
Councilor Hauenstein motioned to approve Ordinance #15, Series of 2021 on first reading; Councilor
Richards seconded.
Roll call vote: Doyle, no; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 4-1, motion carried.
Councilor Doyle said he thought he should vote no since they are doing a site visit. Mayor Torre
explained how first reading works.
Ordinance #16, Series of 2021 – Aspen Center for Environmental Studies (ACES): Minor Amendment to a
Planned Development – Project Review and Growth Management Review to Improve Vehicular and
Pedestrian Access and to Expand the Visitor Center & Bird of Prey Buildings – Kevin Rayes, City Planner
Councilor Richards motioned to read Ordinance #16; Councilor Mesirow seconded. Roll call vote: Doyle,
yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Ms. Henning read the ordinance.
Mr. Rayes said that several improvements are planned for the site. The first improvement is at the
roundabout at the entrance to ACES. There is a photo showing what the situation is today as it is very
narrow. The second improvement is related to the expansion of the Visitor Center and Bird of Prey
building. They will be adding 866 square feet of net leasable area. This will allow more room for visitors
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and current employees, and they do not plan to add additional employees. Staff overall supports this
project with the conditions listed in the memo and we would like to set the public hearing for July 13th.
Council asked clarifying questions which Mr. Rayes answered.
Councilor Richards said she really supports ACES. It struck her that those were voluntary units that ACES
put forward. She wondered if they could sell a housing credit on the market and said she wouldn’t want
to see that happen. It’s time to start relooking at essential public facilities. She said they should formally
allocate mitigation for one of these units, and she’d like to clean this up for second reading. Mr. Rayes
said he will talk to the applicant about it.
Mr. Supino asked if council is interested in a discussion about the relationship between the essential
public facility designation and the suggestion by the applicant to commit to the audit. This would require
more time for staff and applicant to respond to this.
Councilor Mesirow asked how many additional hours this would require and Mr. Supino said he has no
idea at this point.
Councilor Hauenstein said at second reading, if the APCHA deed restrictions are clarified and assigned to
ACES, that’s good enough for him.
Councilor Doyle said that going back to the five years is good enough for him as well. ACES is a special
place. He has seen school buses have to turn around down there and he has had to find parking down
there. He applauds ACES for not expanding and said the pot belly perspectives are overflowing. He
agrees with the assessment.
Mayor Torre asked Jim if he wants to clarify some of these questions today. Mr. True said he will address
them at second reading.
Councilor Hauenstein motioned to approve Ordinance #16, Series of 2021 on first reading; Councilor
Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0,
motion carried.
ACTION ITEMS:
Resolution #003, Series of 2021 – 720 E Hyman - Request to Extend Vested Rights – Second Request to
Continue Public Hearing – Michelle Bonfils-Thibeault, City Project Manager
Ms. Bonfils-Thibeault said the applicant is requesting a second continuation. She offered to share some
additional information if they would like to see it in order to make a decision.
Councilor Mesirow asked if they don’t wish to continue the item, when the public hearing would be, and
Mr. True said the public hearing would be held tonight since it was noticed as such.
Councilor Hauenstein asked why it has taken so long to pull a building permit since they are approaching
nine years of vested rights.
Mr. Supino said the length of time it has taken has as much or more to do with the decisions of the
applicant. In this instance, they chose to be more thoughtful in their response to comments. By
submitting for a building permit, they have demonstrated action. They may move through the expiration
date of their vesting but hold onto it because they are moving through the permitting process.
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Mr. True said they are asking for an extension of the vested rights and that Sarah Oates, who is
representing the applicant, is on the line to address some of these issues.
Councilor Richards asked Ms. Oates why she is requesting an extension to September and then a two-
year extension from that time period when they have a building permit in and have vesting now.
Ms. Oates said the request is retroactive back to August 2019 and the applicants are New Zealanders.
They were stuck in New Zealand during COVID due to travel restrictions and couldn’t be here to oversee
the project. Things seem to be clearer now and by September, we should have a good idea if it will still
be an issue. She can’t speak to why it has taken so long to get the building permit.
Councilor Mesirow said he doesn’t want to give a continuation if he’s just going to deny it later.
Councilor Richards said there is no question that COVID has made things difficult and living in a different
country might be more than what we’ve dealt with, but she finds it challenging to deal with both actions
at once. She’s wondering if they could do a continuance for a month and then have the public hearing.
Mayor Torre said he is not compelled to support the continuation or the retroactive extension of vested
rights at this time. We are talking about August 2019 which is pre pandemic and the opportunity for the
extension of vested rights to be heard during that time. He hasn’t heard the argument for continuation
or approval of the extension.
Councilor Hauenstein said this has been hanging out there a long time. The New Zealand argument isn’t
compelling to him because presentations can be done from anywhere. He’s on Torre’s side and said he
doesn’t see a reason to continue. He’d like to have the hearing tonight.
Councilor Doyle said he is in agreement with both of them. The applicant has had plenty of time before
COVID hit and they still have a way forward.
Councilor Hauenstein motioned to deny the continuation; Councilor Mesirow seconded. Roll call vote:
Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Mayor Torre said the continuance has been denied so we will go ahead with the public hearing.
Ms. Oates said she is going to withdraw the application because she is not prepared and there are four
members of council who have already made a decision.
Councilor Mesirow said he doesn’t think that’s an accurate characterization and he always makes his
decision based on the evidence presented.
Mayor Torre agreed and said he is more than open to hearing the presentation.
Councilor Hauenstein said he will be an attentive listener and can be persuaded.
Ms. Oates said she just isn’t prepared to move forward with the hearing.
Mr. True said she has the right to withdraw, and she can refile it at a later date.
Mayor Torre agreed that she should withdraw and refile. He asked Mr. True to introduce the executive
session and then break for dinner.
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Mr. True introduced the executive session: Pursuant to C.R.S.4-6-402 (4)(a) The purchase, acquisition,
lease, transfer, or sale of any real, personal, or other property interest; (4)(b) Conferences with an
attorney for the local public body for the purposes of receiving legal advice on specific legal questions.
(4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy
for negotiations; and instructing negotiators. The specific items of discussion involve the following: The
lease, transfer or acquisition of real property or property interests, contract negotiations, and
communication with counsel regarding such subjects. Due to market forces, negotiation strategies and
confidentiality demands of parties involved, the exact properties and specific subjects cannot be
disclosed.
Ms. Ott requested not to open WebEx back up for adjournment.
Councilor Richards motioned to move into executive session; Councilor Doyle seconded.
Councilor Richards noted for the record that they will not be coming back so that Grassroots doesn’t
have to sit down here for two hours.
Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
_______________________________
City Clerk, Nicole Henning