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HomeMy WebLinkAboutminutes.council.regular.20210928 1 REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 28, 2021 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Hauenstein, Mesirow and Richards in person. Mayor Torre announced that some things have been moved around on the agenda tonight for a joint sketch plan review with the Planning & Zoning Commission, but he does want to take public comment first. PUBLIC COMMENT: Ron Beller – Mr. Beller said he represents the working group for the psychedelic assisted therapy group as Councilor Hauenstein asked them to do. There are 31 of us who have volunteered our time at five long meetings. He spoke about what the group has been working on to turn this into legislation. We have submitted a potential ordinance with the help of the City Attorney and have conducted a sidewalk poll and 90% of Aspen voters supported this effort. He named a few big supporters they have in town. We are asking you to adopt this evidence based Aspen model. We all stand ready to put in a good faith effort for community support. Thank you for your leadership on this issue. Mayor Torre asked about the proposed ordinance and a copy was passed out to each member. Councilor Richards asked about the order in which things are happening before there is a federal approval and federal protocols. She’s concerned about self-treating and how we would know that someone is under professional care. She wondered how we decriminalize and then tell people they can’t use recreationally. Martha Hammel – Ms. Hammel said the goal is to provide community education and outreach so we can help people do this in a safe container. People are doing this anyway, so let’s create an environment for the people using recreationally to maybe start using it professionally. Councilor Richards asked what will prevent people from using it recreationally and Ms. Hammel said recreational use is happening no matter what. Councilor Hauenstein thanked the group for their time and energy. He welcomes an opportunity to meet with them in person and he thinks there are a lot of benefits to this type of therapy, but Rachel’s concerns are valid too. We could go on for a couple of hours, but we have this public hearing coming up on the agenda too. Councilor Mesirow thanked the group for coming. He agreed, this has to be done in the right way. The container is everything. This group has brought in the best minds from around the country to start doing this. Mayor Torre asked Ron if he has additional info from Denver and to provide that to council on the process they followed. Councilor Hauenstein said he’s interested in Oregon as well. Mayor Torre said he sent an email to the public health director for Pitkin County and put this on their radar. County resources and conversations would be helpful. Councilor Richards agreed that doing a presentation to the board of health would be in line and speaking to our state legislators as well. Ruth Harrison – Ms. Harrison said she went to another funeral for a former student, and she can’t stand losing anymore kids to drugs, alcohol, or suicide anymore. In the past five years, they’ve lost 22 students. She just heard of three more in the last two weeks who have committed suicide. One family has lost all three of their children. The paper the other day had an article about mental health resources, 2 REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 28, 2021 but she said we need a drop in place for other hurting children. The police and sheriff’s department give lip service to the problem. Fentanyl is rampant in the valley now. Jackie Long has also lost a child in this situation, but she needs a space to provide mentoring to these children. We need to provide a temporary overnight solution and has been two years in the works. She meets all licensing requirements. Something must be done. Drugs, alcohol death and suicides are heart wrenching and she’s over it and she doesn’t see enough being done. Councilor Hauenstein thanked Ruth and Jackie. All of us have met with Jackie about these things before. He keeps asking her to give us something concrete to work from and he would really like to pursue this. Jackie Long – Ms. Long said she’s had this same conversation for the past two years on an individual basis. She’s asking to put on a work session. She’s located at Crossroads, Aspen Chapel, etc. and the community has been generous but something as simple as having some space so that people know where she is. It’s her money and it’s Callie’s Backyard Foundation, but this program is called Secrets because she’s tired of all the secrets here in Aspen. Councilor Mesirow thanked her and said she is invaluable and has been working tirelessly for years for the kids in our community. Mayor Torre thanked her and said he sent the Board of Health an email last week bringing this to their attention as well. Annette Keller – Ms. Keller is here in support of Jackie Long. She has twin girls at Aspen Highschool. If kids aren’t in any organized sport, it’s hard for them to find some sense of belonging. There’s no list of kids who are in trouble, they need to be found. Jackie has to do outreach and eventually those kids trust her and let her in on who is in trouble. She provides so much support, so she really needs a location. Jane Cary – Ms. Cary said she is here to speak about Park Avenue. She said city council announced that this would be a one-way street and that was canned and now there is a sidewalk proposal. She doesn’t see how this is going to work. She would like to see the streets as one way which is the most elegant solution to the problem. Ruth Harrison said she agrees. Marsha Bowler – Ms. Bowler lives at 2nd & Smuggler in the west end. She’s here talking about the dangerous intersections. There are a lot of new moms that have moved here are on cell phones or have ear buds in and can’t hear and she has witnessed far too many near misses. Smuggler Street was discovered as a cut off during the renovation of the pedestrian bridge. She’s proposing additional stop signs, speed bumps, etc. Chet Tomaszuzyk – Mr. Tomaszuzyk caretakes for a house on Smuggler. He suggests punching out Willoughby way to McClain flats as another way out of town. Public comment closed. Mayor Torre introduced the Centennial rental apartments sketch plan review. He invited the Planning & Zoning commissioners up to the table. Spencer McKnight, Teraissa McGovern, Sam Rose and Ruth Carver were in attendance. 3 REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 28, 2021 City Attorney, James R. True, said there are aspects that need to be considered based on typical understandings of how reviews work. This is just input given by council and the Planning & Zoning Commission and is not technically a quasi-judicial hearing. It is designed very clearly to not provide anything in which an applicant can fully rely on. It is seeking input through an action not that different than a work session. There are some issues of conflict that have been brought forth, so there is a question about various members who may have issues. It’s appropriate to disclose that Ward lives within 300 feet of the property and Skippy has a relationship with someone who lives at Centennial, but it does not mandate recusal at this time, and they are free to speak your mind. Councilor Mesirow said his girlfriend lives at Centennial but does not have a financial stake and feels he can be objective. Mr. True asked Mr. Bendon that he understands the rules of the sketch plan. Chris Bendon of Bendon Adams acknowledged that he does understand the rules of the sketch plan. Mayor Torre introduced the members of the Planning & Zoning Commission. Ben Anderson, City Planner, said this is a chance for an informal conversation and to ask questions and put some issues out on the table. He encourages having an open conversation. Jeff Soloman, he is a member of the team who purchased Centennial in March 2020. Our goal is to gauge councils’ willingness to work with us on a variety of project objectives for this redevelopment. Mr. Bendon said tonight he will speak alongside Will Henschel of 359 Design, Heather Henry of Connect One Design, Tom Todd of Holland and Hart. This sketch plan review is a really valuable tool and can be very meaningful. He showed the plan on screen and continued to give a history of the property. We’ve learned from feedback from the community that there are concerns about timing and interest in being first on the list to come back. Interim housing is another concern. Ben has outlined a series of questions in his memo, and we also have some questions we’d like to get direction on as well. The proposal is for 148 replacement affordable housing units and 59 free market units. They want to know if the city is a potential interim housing partner and if the city is open to further partnership. Much discussion ensued. Councilor Richards asked how much longer they think the current building has. Mr. Soloman said probably another 30 years with no issues. This is about sound proofing and improving the livability of the current situation. Mayor Torre asked the P&Z members to share their thoughts. Ms. Carver wondered where all the people are going to live. It’s a great concept, but where will they go. Mr. Rose wondered how to entice the deal on both ends. Ms. Carver exited the meeting. Ms. McGovern suggested below grade parking to make it more amenable. Mr. McKnight said this looks a lot better when you’re adding a lot more units. They don’t look great or feel great inside as they are now. His biggest concern is about where everyone is going to go. This is 4 REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 28, 2021 starting in a great way and said he’s interested in hearing the community feedback. He doesn’t see anything that makes him think this is not going to work. He asked when the deed restriction is sunsetting and Mr. Bendon said there is no date yet. Councilor Richards said that they should put out there that as much as we’re looking at this, we’re not really hearing from any of the neighbors or owners and it’s important for views, etc. She agrees that the relocation and transition are top of mind for her. This will also have some traffic impacts. She wondered if a rental/ownership mix would bode better. Councilor Doyle likes the overall looks of it and said it’s going in the right direction. He agrees with Rachel though about the STR’s. Mayor Torre said there will be many challenges ahead. He’s concerned about the landfill. He would push for more affordable housing units instead of free market. We’ve been tackling this parking issue for a long time. We need to be as creative as possible. His number one concern is the displacement. He has an open ear, however, and the challenges can be overcome. Councilor Hauenstein said they are all concerned about losing the deed restrictions. The relocation is really a crux. Councilor Mesirow said the landfill is a huge concern for them. Transitional housing is a must, and the city could be a potential partner. Mayor Torre opened public comment. Jamie Butemeyer – Ms. Butemeyer said she is Councilor Mesirow’s partner and lives at Centennial. She works in mental health services and in order to do that, she needs housing. She does want more housing and newer and better housing provided, but she also can’t afford to lose her housing. Speaking on the mushrooms, she’s asking to keep an open mind. Alex Glen – Mr. Glen thanked council for taking this issue seriously. He’s strongly opposed to the development and was expecting more concrete plans and was somewhat disappointed with council and applicant comments. Adding free market housing right now is not what we need. He wants to know why now instead of waiting fifteen to twenty years from now. This seems like profit over people and profit over the working class in Aspen. Erin Glen – Ms. Glen said it’s disappointing to hear city council members bring up views of other residents and makes her feel like a second-class citizen. Hearing about the location of fire pits makes her feel like council members are out of touch with the working-class citizens in Aspen. She wants to know what each council member has done to engage with the community. Mayor Torre said that it inappropriate at this time. Ms. Glen asked about soil studies. Mr. Bendon said they have completed the soil studies and ownership is very aware of protocols. Ms. Richards apologized to Erin for her comments not being in the order that suited her. She said her first and main concern was with the relocation and needs of the tenants. This was intended to be a good exchange. She was the one who stood up at two different election and gave personal money to get Burlingame built, she helped build the Truscott addition when she was Mayor. She helped pass the real estate transfer tax with her own sweat, tears and money and has worked a low paying job at City Market so she can sit here at this council table. 5 REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 28, 2021 Jim Pomeroy – Mr. Pomeroy is mostly in favor of this project. It’s a ten-million-dollar value that is being given away and that can’t be understated. If all of this housing goes away, it is literally apocalyptic for the city. More density is possible. He agrees, people over cars. This is about density and having a lot of units. He would rather this is referred to as community housing and not affordable housing. Without this, we will go under. Community housing. Katherine Schultz – Ms. Schultz said she has lived at Centennial for eight years and her unit is scheduled to be demolished. She understands progress, but she pointed out the number of residents is more like 450 people. She said her studio is 450 square feet and the newer units will be larger than that so she wondered if she will be priced out of something she can afford. The impact of losing these 450 people in our community, the act of this mysterious displacement, could be enough to ruin people financially and emotionally so that they can’t come back. Who is going to serve you your food & wine or run the chair lifts? Stacy Rothenberg – Ms. Rothenberg is a resident at Centennial. She’s disappointed that more tenants didn’t show up tonight. It’s really important for everyone to meet together. She felt some comments made tonight were somewhat ignorant. Aside from a few amenities and the opportunity to own her unit, she’s living in a palace. She thinks everyone’s relocation scenario is different, so it’s important for all the residents to get involved. Mayor Torre called for a 30-minute break at 8:10 p.m. Council reconvened at 8:45 p.m. AGENDA AMENDMENTS: Resolution #090, Series of 2021 for consideration after consent calendar. CONSENT CALENDAR: Councilor Richards motioned to approve; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. ACTION ITEMS: Resolution #90, Series of 2021 – Formalizing Policy at the Wheeler Opera House. Councilor Mesirow clarified the mask rules. Mayor Torre said he’s a strong supporter of vaccination and wants to see data about transmission. Mayor Torre is comfortable and there is a chance for amendment down the line. Councilor Hauenstein is fine with this, and Councilor Doyle also is happy with it. Councilor Doyle moved to approve Resolution #090, Series of 2021; Councilor Hauenstein seconded. Mr. True pointed out that getting this into effect will take a little bit of time. Oct 15th will be the latest effective date and will stay in place until April 15th unless council amends it. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, no; Torre, yes. 4-1, motion carried. Councilor Richards said she thinks it should go further. COUNCIL COMMENTS: 6 REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 28, 2021 Councilor Hauenstein said he has a lot to say but will wait until the next meeting to give all of his comments. Councilor Richards agreed and said that CML was a great conference and they spoke about how to solve “wicked” problems. Oct 8th is the next CML meeting for the policy committee. John will be tag teaming it since she had to be at her niece’s wedding. Mayor Torre said Aspen was asked to be the regional host on the 14th, but there were some concerns with the indoor mask mandate, so we will not be hosting this time, but we are looking at hosting sometime next year. CITY MANAGER COMMENTS: City Manager, Sara Ott, said the budget books are upstairs and the link to the electronic version has also been provided. Please start diving in. Regarding the discussion tonight regarding relationships with west end folks, there is a small allocation for stop signs etc. for that area. There will be a reduction in services at the Recreation Center because of the inability to find qualified staffing for the ARC. There will be a reduction in hours and will be fully closed on Sundays. We can’t find staff with proper certifications. We will still be renting out the ice rink with a skeleton crew. Mayor Torre asked about the traffic counter on Power Plant Road. He said he’s been trying to get an idea from neighbors, but he has gone over there at rush hour, and it doesn’t seem to be impacted. He’s trying to get a better sense if it is only during certain times or months. Ms. Ott said we are not looking at closing any streets or one way’ing any streets, but just looking at small scale pedestrian safety measures. Councilor Doyle said the number of citizen complaints are correlating with the amount of people we have in town. Once school started, it’s gotten much better, and complaints went down again. BOARD REPORTS: Councilor Hauenstein said he has had almost weekly meetings on the 4th of July. They have been getting feedback from different sectors. We had meetings with the Aspen Art Museum, and they would like a traditional presence in the future. Everyone wants to have some form of parade because the old parade was way too long. We want to focus on patriotism and get away from commercialism and erase our carbon footprint. We are all realizing that fireworks may never happen again as long as we’re dealing with drought conditions. Mr. True introduced the executive session: Pursuant to C.R.S. Section 24-6-402 (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: Parking Fees – 434 East Cooper and is 300-312 E. Hyman. 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, and necessitated by the subject of the specific legal advice, which further disclosure would be a detriment to the City’s strategic position, the exact properties cannot be disclosed. 7 REGULAR MEETING ASPEN CITY COUNCIL SEPTEMBER 28, 2021 Councilor Hauenstein motioned to move into executive session; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Councilor Richards, yes; Torre, yes. 5-0, motion carried. Council moved into executive session at 9:10 p.m. ______________________________ City Clerk, Nicole Henning