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HomeMy WebLinkAboutminutes.council.20101206 Regular Meeting Aspen City Council December 6, 2010 PROCLAMATION - Aspen High School Skiers Football 2 PROCLAMATION — Kersten Soderberg Day 2 CITIZEN COMMENTS 2 COUNCILMEMBER COMMENTS 2 CONSENT CALENDAR 3 • Minutes— November 22, 2010 3 • Resolution #98, 2010 — Annexation BMC West Parcel 3 • Resolution #99, 2010— Extension the negotiation period for 610 E. Hyman Avenue 3 • Resolution #97, 2010 — Renewal of Saturday Market Agreement 3 Ordinance #33, 2010 -610 E. Hyman Landmark Designation; Ordinance #48 Negotiation 4 ORDINANCE #32, SERIES OF 2010 — Amending to Smoking Ordinance 4 ORDINANCE #25, 2010 - Historic Designation — Cortina Lodge 5 ORDINANCE #27, 2010 — Code Amendment — Calculations and Measurements 5 ORDINANCE #26, 2010 — 630 E. Hyman Historic Designation Amendment 5 ORDINANCE #28, SERIES OF 2010 — Revised Historic Preservation Aspen Modern 8 ORDINANCE #29, SERIES OF 2011— Fees for 2011 11 ORDINANCE #30, SERIES OF 2010 — Supplemental Appropriations 12 ORDINANCE #31, SERIES OF 2010 -- Lodging Tax 13 RESOLUTION #100, 2010— Temporary Use Nugget Gallery 13 1 Regular Meeting Aspen City Council December 6, 2010 Mayor Ireland called the meeting to order at 5:10 PM with Councilmembers Skadron, Romero, and Johnson present. PROCLAMATION - Aspen High School Skiers Football Mayor Ireland and Council proclaimed Monday, December 6 as Aspen High School Skiers Football Team Day in recognition of their winning season and their sportsmanship. PROCLAMATION — Kersten Soderberg Day Mayor Ireland read a proclamation in honor of Kersten Soderberg's 100` birthday. Council will forward the proclamation and a silver dollar more than 100 years old. CITIZEN COMMENTS 1. Rick Jones, ACRA past president, congratulated Mayor Ireland on his assurance and correctness that the 1% visitor's tax would pass. 2. Justin Barrow, Sandy's Office Supply, told Council the applicant for the Crandall building has worked with the tenants to enable them to purchase their spaces. Barrow said he is excited about this bringing vitality to the downstairs of the building. 3. Emzy Veazy pointed out the top of the agenda should say "Aspen City Council Agenda ". Veazy said people are falling on the streets and sidewalks and it is not their fault. COUNCILMEMBER COMMENTS 1. Councilman Skadron requested the resolution moving the extension of the farmer's market be moved to the consent calendar. Council agreed. 2. Councilman Romero noted that Daryl Grob, fire chief, resigned last month after serving the fire department for over 40 years. Councilman Romero said Grob has been a great asset to the community and anyone who sees him around town should thank him. 3. Councilman Romero said last week Council honored Howie Mallory as volunteer of the year. Councilman Romero thanked Mallory and also thanked all the volunteers who serve the community. Aspen is blessed to have an amazing support from informed citizens who care about 2 Regular Meeting Aspen City Council December 6, 2010 the community. Councilman Romero said everyone is in this to make Aspen a better place for here and now and for the next generation. 4. Councilman Johnson said this is the last Council meeting of 2010 and wished everyone a happy holiday and not to lose sight of enjoying family and friends. 5. Mayor Ireland said people should celebrate the miracle of life in Aspen and of being part of this town. 6. Mayor Ireland, too, congratulated Howie Mallory as volunteer of the year. Mallory has given much time and energy to the Open Space and Trails Board, the Nordic Trails, and the Financial Advisory Board. Mayor Ireland reiterated that a lot of people have done a lot of volunteer work for the city. 7. Mayor Ireland reminded everyone to take care of themselves and their health, getting things like flu shots, mammograms and prostrate tests. 8. Steve Barwick, city manager, reminded people to try and shop locally for the holidays and to support the local economy. 9. Steve Barwick, city manager noted regular bus service starts Saturday December 11` CONSENT CALENDAR Mayor Ireland opened the public hearing on Resolution #97, Series of 2010, Aspen Saturday Market extension. Terry Butler, chair, CCLC, said they feel like the market including the new block was a success. Mayor Ireland closed the public hearing. Councilman Romero moved to approve the consent calendar; seconded by Councilman Skadron. The consent calendar is: • Minutes — November 22, 2010 • Resolution #98, 2010 — Annexation BMC West Parcel • Resolution #99, 2010 — Extension the negotiation period for 610 E. Hyman Avenue • Resolution #97, 2010 — Renewal of Saturday Market Agreement All in favor, motion carried. 3 Regular Meeting Aspen City Council December 6, 2010 ORDINANCE #33, 2010 — 610 E. Hyman Landmark Designation; Ordinance #48 Negotiation Amy Guthrie, community development department, told Council this building was built as the Patricia Moore art gallery and is now Charles Cunniffee architects. Cunniffee has volunteered landmark designation. Ms. Guthrie told Council the applicant has plans for an addition at the back of the building and has requested some incentives. Councilman Skadron said he read the integrity assessment and noted many categories scored low, 6 out of 10, and the project scored the minimum of 75 points. Ms. Guthrie said there have been alterations to the building, which is why points were reduced. A lot of this can be restored as a condition of approval. Councilman Skadron asked about the utilization of office space on the garden level. Ms. Guthrie said the only business in this building is the architectural firm. Councilman Skadron suggested a condition of approval that the business in the garden level be considered as locally serving businesses. Councilman Romero requested for second reading a table of the package of potential benefits, both qualitative and quantitative. Councilman Johnson said he would like a list of changes to the building and how these might be addressed in the designation. Councilman Johnson moved to read Ordinance #33, Series of 2010; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE #33 (Series of 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING LANDMARK DESIGNATION AND ORDINANCE #48, SERIES OF 2007 NEGOTIATIONS FOR POTENTIAL HISTORIC RESOURCES FOR THE PROPERTY LOCATED AT 610 E. HYMAN AVENUE, LOT M, BLOCK 99, CITY AND TOWNSITE OF ASPEN, COLORADO Councilman Romero moved to adopt ordinance #33, Series of 2010, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Skadron, yes; Johnson, yes; Romero, yes; Mayor Ireland, yes. Motion carried. ORDINANCE• #32, SERIES OF 2010 — Amending to Smoking Ordinance CJ Oliver, environmental health department, told Council these proposed changes to the current ordinance would allow the city to designate specified outdoor areas of city -owned property as non smoking areas. This amends the definition of public places to include outdoor spaces. This designation will be done at the discretion of the city manager, who can assign the environmental health director and /or the asset manager to make the designations. 4 Regular Meeting Aspen City Council December 6, 2010 Councilman Romero moved to read ordinance #32, Series of 2010; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE NO. 32 (Series of 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 13.16 OF THE ASPEN MUNICIPAL CODE, SMOKING IN PUBLIC PLACES. Councilman Johnson moved to adopt Ordinance #32, Series of 2010, on first reading; seconded by Councilman Romero. Roll call vote; Councilmembers Romero, yes; Skadron, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #25, 2010 - Historic Designation — Cortina Lodge Mayor Ireland opened the public hearing. Mayor Ireland moved to continue Ordinance #25, Series of 2010, to January 10, 2011; seconded by Councilman Skadron. All in favor, motion carried. ORDINANCE #27, 2010 — Code Amendment — Calculations and Measurements Mayor Ireland opened the public hearing. Mayor Ireland moved to continue Ordinance #27, Series of 2010, to January 10, 2011; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE #26, 2010 — 630 E. Hyman Historic Designation Amendment Amy Guthrie, community development department, told Council this is the first successful voluntary designation under the Ordinance #48 negotiations. This project was approved in December 2009 and incentives were negotiated with the owner, one of which is the addition of a penthouse unit on top and the courtyard becomes interior space. The applicant, Greg Hills, is asking for an amendment to their list of negotiated benefits to the FAR to allow more net leasable space by 342 square feet. Ms. Guthrie noted the area proposed to be net leasable is the interior courtyard. Ms. Guthrie said the request is to locate an office space behind the round window. Ms. Guthrie said staff believes the window was created so when one comes up the 5 Regular Meeting Aspen City Council December 6, 2010 staircase, they can appreciate the view of Aspen mountain; when the project was reviewed, it was considered an appropriate place to allow people to sit and enjoy this view. Since that approval, the economics of the project have become more difficult; however, the applicants has committed that the tenants will be able to purchase their units regardless of the outcome of this request. Another change is a building to the south has been approved which will affect the view of the mountain. Also, almost 2500 square feet of public space is being provided in the building. Staff supports this request; this is a model project and there is upgrade and refurbishment of the building in the plans. Ms. Guthrie pointed out even if this request is approved, there will be Tess net leasable than before the renovation; the building will be under the allowable FAR. Mayor Ireland opened the public hearing. Cathy Porter, Vectra Bank, told Council she has been working with the applicant on this project. The applicant has been creative in order to make the project work. The bank is going to loan committee tomorrow. Bob Langley said he has been working for two years on this project. The applicant, Greg Hills, has tried to keep this affordable and keep local tenants involved. Langley said this request should be approved. Bill Mitchell told Council when he testified in favor of the original project, he was in favor of the round window and a place in which to watch fireworks; however, he was the only one using the window for that purpose, and he will be able to find another location to watch fireworks. Mitchell said he appreciates this project going forward and he is purchasing his space in the building. Toni Kronberg questioned this being a landmark designated building as there are no alterations to a landmark building, site or structure allowed. Ms. Kronberg said this project should go to P &Z, not HPC. Ms. Kronberg said she was concerned about the domino effect of this approval on other buildings in the immediate neighborhood. Ms. Kronberg said this is not preservation of a historic building or of a small town character. There are inconsistencies in historic preservation. Mayor Ireland said he feels the inconsistencies are between the aspirations and the zoning. Mayor Ireland said the art museum building is not violating zoning; it applied under a code that allows 47' buildings. Mayor Ireland said he would like Council to reconsider the height limits throughout town. The Council should create zoning that matches what they want to see in town. John Olsen noted this project is a pilot program. Olsen said as the city goes forward with the concept of affordable commercial, each individual application will have to be scrutinized. Olsen said this is a difficult project and there have been start dates monthly since May. Olsen said this applicant does what he says he will do and follows through on his commitments. Mayor Ireland closed the public hearing. Greg Hills, applicant, told Council the affordable commitment is important to him and he decided to do the project no matter how this comes out. Hills said what is important is why there was common space where the window is and it had to do with the view of the mountain. Hills 6 Regular Meeting Aspen City Council December 6, 2010 said once the view was going to be hindered, there seemed to be no point preserving the public space. If a building across the street was approved before his project, Hills would not have agreed to common space behind the round window. Hills said there will be spaces to sit outside Sandy's and the barber. There will be tables on each floor and art work for common space. Councilman Skadron said the drawing of the proposed building across the street seems to undermine the reason for the window. Ms. Guthrie said there will be a view of the Aspen Art Museum, which will be a beautiful building, through this window. Ms. Guthrie reiterated staff support is because there will be less net leasable than there is now and there is a lot of common space in the middle of the building which people can enjoy. Hills noted that the original tenant price agreed to a year ago was higher than what the tenants will be paying for their space in order to keep them in the building. Councilman Romero brought up the conversion of a commercial unit to an RO unit. Ms. Guthrie said the plans show the back corner unit along the alley to be a net leasable commercial space; if the applicant chooses to make that an RO unit, commercial space will be freed up to do the office on the south side of the building. Hills told Council the RO unit was for housing for someone in the family; that has been withdrawn for the back comer unit. Hills said if he can afford to, he may convert a different unit to RO. Councilman Romero said at the Council meeting in 2009 when this was approved, there was no discussion about preserving this particular space but there was a discussion about the architectural integrity of keeping the window. Councilman Romero asked if the preservation of the window was from the perspective of a pedestrian looking in or as an occupant on the second floor of this building. Ms. Guthrie said it was from the perspective of being in the building looking out at Aspen Mountain. Ms. Guthrie said a person looking in will not be able to tell the difference. Councilman Romero asked if the elimination of this view was discussed with the applicant. Ms. Guthrie said it was not brought up. Councilman Romero said he would like to make sure elimination of the view is more than just a convenient argument. Ms. Guthrie said the discussion at HPC is about the view out of window with no acknowledgement of a possible building across the street. Mitch Haas, representing the applicant, noted the stairway used to come up straight toward this window and this view. That stairway has been moved and the view toward Aspen Mountain will not exist. Councilman Romero said if there were no approval for an Aspen Art Museum across the street, would the applicant be seeking this amendment. Hill said no. Hills told Council he is a fan of the Art Museum and it will be a cool building. Hills said when the Wienerstube building was denied, partly because it did not fit in with the neighborhood, the assumption was that anything 7 Regular Meeting Aspen City Council December 6, 2010 built there would be 36' or lower. Councilman Johnson said the original application had 11 tenants; there are 3 in this proposal, and what happened to the others. Hills said for various reasons, financial, personal, health, those other 8 tenants are not purchasing their spaces. Hills told Council he is working with a variety of businesses who are interested in purchasing space in the building. Mayor Ireland noted the reasons Council voted the preserve this building were not solely the view of Aspen Mountain. The other reasons were the architecture, the context, what it represents, Benton's trademark circles. Mayor Ireland said the issue is whether there should be additional commercial space. Mayor Ireland said he is not interested in more RO housing. Councilman Skadron asked if the historic character is being comprised by failing to honor the original intent of the window framing the view of Aspen mountain and the common space. Councilman Romero said he is satisfied that this request does not overly diminish the negotiated agreement with the property owner to preserve this property. Councilman Romero said this is an opportunity for the government to help with a solution without causing Armageddon. Councilman Johnson said the net leasable is still less than exists; there is less FAR than allowed and from an economic standpoint, this will help locally serving businesses. Councilman Johnson said he feel the historic asset is being preserved. Councilman Romero moved to adopt Ordinance #26, Series of 2010, on second reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Romero, yes; Skadron, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #28, SERIES OF 2010 — Revised Historic Preservation Aspen Modern Amy Guthrie, community development department, noted this is the 3 public hearing; Council's directions have been incorporated into this ordinance. Ms. Guthrie stated this is a voluntary program. Staff will be developing an Aspen Modern map and a list to accompany it; this will be a changing map and will start out with properties on Ordinance #48. Property owners will have the ability to meet with staff at any time and request to be added or removed from the list, to discuss the negotiation process and what the opportunities may be. Ms. Guthrie stated at the last meeting, Council said they would like city properties brought forth for designation; this has been included in the ordinance. Council has discussed and stated they support the context papers and the styles of architecture; international, Bauhaus, Wrightian, modern chalet, chalet rustic and panabode, which are adopted as eligible for Aspen Modern. Ms. Guthrie reminded Council, the Aspen Meadows requested an SPA amendment to clarify their properties and how they will deal with historic preservation and with amendments in the future. Ms. Guthrie 8 Regular Meeting Aspen City Council December 6, 2010 recommended the ordinance not take effect until March 1 in order to perfect the scoring system so that Council can determine which buildings are the most worthy of extra effort to save. Mayor Ireland asked how people can get off the list if the ordinance does not go into effect until March l Ms. Guthrie said that process can start as soon as the ordinance is effective, 30 days after its adoption. Ms. Guthrie said applicants will have to explain how they are meeting the purpose of the historic preservation program as expressed in the code. HPC would like sustainability included in these goals. Ms. Guthrie pointed out in the whereas clause, staff has tried to convey Council's intention to leave these amendment in place for 10 years. Ms. Guthrie told Council staff has been contacting properties owners by phone about this program. Ms. Guthrie reminded Council Mike Maple had suggested the tracking of TDR's in order to understand their value. Ms. Guthrie said staff has been reluctant to do this because TDR's are not subject to the RETT and the transaction is up to what the market will pay. Mayor Ireland said the sale of TDRs is recorded and that can be tracked. Ms. Guthrie said staff does track the creation and the landing of TDRs. Councilman Romero noted the city attorney opined a document could be created to be recorded against the title to achieve a level of assurance. Mayor Ireland said the city can assure property owners that it is Council's intent to respect the 10 year period of not being in the program; on the other hand, Council cannot guarantee that some future Council will not enact mandatory historic regulations. Mayor Ireland said the city can provide a recordable document stating under this program, the property owner will have certain rights and they will not be re- enrolled in the program. Councilman Romero said he would like to see such a certificate. John Worcester, city attorney, said it is fundamental to legislative bodies that they cannot bind a future body to an action of today. Worcester said TDRs are a contractual obligation of the city. Mayor Ireland said there could be an instrument signed by the property owner and by community development outlining the property owner is not in the Aspen Modern program and can only be brought back in is voluntarily and by asking to be brought in. The ordinance could be amended to say a recordable form, approved by the city attorney, will be provided at the request of each property owner. Ms. Guthrie noted the ordinance has a section about properties being removed from the map and the community development director issuing a letter. That language can be amplified. Chris Bendon, community development department, suggested the ordinance state this is a letter from the Mayor and it is in recordable format. Mayor Ireland opened the public hearing. 9 Regular Meeting Aspen City Council December 6, 2010 Ms. Guthrie noted Council received e -mails from Mike Maple and Suzanne Foster. Toni Kronberg said several Councils ago, the issue of what is really historic was discussed. The conundrum of how to tell what is historic and what is not has not been addressed. Ms. Kronberg suggested the 11PC design guidelines be included in this ordinance. Ms. Kronberg said it does not seem that the street scape and landscape elements have been preserved in any development projects. Ms. Kronberg said if some property is landmarked, nothing much should change on the property. Ms. Kronberg requested more specificity in the historic ordinance Mike Maple asked about the initial map and whether this will be of Ordinance 48 properties or Ordinance 48 properties plus Ordinance 30 properties. The list should be comprehensive and well researched. Ms. Guthrie said Council's direction at the last meeting was to start with the Ordinance 48 list. Maple said he is concerned about the 10 years; Council cannot bind future Councils; however, he is not satisfied with the solution in the ordinance and there must be a way to bind Council to the 10 year assurance to property owners. Mayor Ireland said Council has a right to abrogate even a contract or not to make payment on bonds. Mayor Ireland said courts have recognized the legality of vested rights, which runs with the land. Mayor Ireland said the city can create a certificate to maximize a property owner's security for a highly reliable document. Maple said he would like to see the document the city is proposing. Maple said he would like to ask counsel an opinion of what is being proposed as he expects the city to do as good as they can. Worcester said Council should think of this as zoning; property owners have an expectation that their zoning district won't change; however a future Council can rezone the property through a process. Worcester said the dilemma with this type of document is that in the future, someone may disagree and challenge those certificates. Property owners should be put on notice this could happen. Maple said Council needs to assure property owners that have gone through 3 years of uncertainty that some other Council won't come in with a different set of attitudes and undo all that has been done for these historic properties. Mayor Ireland agreed the city can send the forms to property owners; every property owner on the list will be notified. Maple stated the city has created a set of rules and a property owner wants to volunteer their property be designated, the process for that in April 2011 should be the same as that in 2021. Worcester reiterated the city can make these certificates sound as much like a contract as possible; however, the certificates could be meaningless in 9 years. Maple said he is looking for a high level of assurance and would like to see an actual proposal for this assurance and to have that analyzed by other members of the community. Mayor Ireland said Council cannot give false assurances but will give as much assurance as is legally allowed. Councilman Romero said he would like to see the draft language for the ordinance and the draft certificate of assurance. This is a lynch pin of the program going forward. Worcester suggested 10 Regular Meeting Aspen City Council December 6, 2010 continuing this ordinance so that he can draft a letter to be reviewed with the ordinance. Maple said he understands the city will initiate applications for landmark designations for city properties. The ordinance says, "The City Council should consider initiating landmark designation .." Maple suggested this be amending to stating they will do it. Maple said he does not see a listing of historic incentives, which was a recommendation of the task force. It is important for the analysis in reviewing designations to have a clear list of the worth of these incentives. Maple said it will be much easier to put a dollar amount to some incentives, but there should be a list of incentives and this requirement should be part of the ordinance. Maple agreed tracking the value of TDRs is a relatively simple thing to do. Chip Freeman said this ordinance has come a long way and progress has been made. Jack Wilke asked where the 10 years comes from and what does it mean; why is a property not just off the list. Wilke asked why there is a limit. Wilke said he does not understand why Off is not Off. Mayor Ireland closed the public hearing. Mayor Ireland said if a member of the public thinks a property is valuable, they should be able to contact staff and nominate a property. However, the property should not go any farther without the owner's consent. Mayor Ireland said a member of the public may know something about a property that is not known by anyone else. Mayor Ireland said there should be a book about those properties that have been chosen to stay in the historic program. Bendon said the ordinance allows for someone to nominate a property; however, the ordinance reinforces it is the property owner's choice to go forward with designation or not. Bendon noted in the section about designated city -owned property, he used the language "should consider" so that department head's responsible for a particular property are responsible for that property coming forward and they be directed by the city manager to initiate the request. Councilman Romero said the city should take leadership and initiate designations on at least the yellow and red brick schools. Councilman Romero said he would like stronger language in section 6, like "will initiate in the next 6 months ". Bendon said the community development department will need an application from the department in charge of a particular property. Steve Barwick, city manager, pointed out that many of these properties are run by other entities, like the Red Brick Council for the Arts, and they should be involved in the process. Councilman Romero moved to continue Ordinance #28, Series of 2010, to January 10, 2011; seconded by Councilman Skadron. All in favor, motion carried. ORDINANCE #29, SERIES OF 2011— Fees for 2011 11 Regular Meeting Aspen City Council December 6, 2010 Ashley Ernemann, finance department, pointed out the fee comparisons to 2010 fees are included in the packet. The community development department fees have been pulled from the ordinance and will be considered in 2011. Mayor Ireland agreed with the philosophy of small annual increases rather than a 10% increase every 5 years. Mayor Ireland reported he and Councilman Romero met with the community development department and agreed Council should decide on policies that will impact the community development department fees. Staff will have a list of the policy -type questions when they meet with Council in a work session. Councilman Romero said he appreciated that staff presented costs of services and benchmarks of costs at other governments around the valley, like golf or climbing walls. Councilman Skadron asked if the increase in recreation fees is to capture the increase in costs. Tim Anderson, recreation director, said they are and staff is looking at all areas of cost recovery. Councilman Johnson suggested a pricing committee within the city, chaired by the finance department, with department heads and marketing people. Councilman Johnson said price drives different things and there should be a consistent theme throughout the city, with similar assumptions and sharing best practices. Councilman Johnson said he would like to see a better rounding of fees. Council agreed with the suggestion. Mayor Ireland opened the public hearing. Toni Kronberg asked how much revenue swimming lessons and swimming program brought in last year. Anderson said he does not have that figure. Ms. Kronberg said one purpose of building the ARC was to give something affordable to the community, and there are families who do not use the ARC because it is too expensive. Ms. Kronberg said the city should look at how to increase the revenues for the swim programs. Anderson agreed there are opportunities to grow programs everywhere and staff is always looking at those opportunities. The recreation staff also looks at ways to cut their costs. Anderson noted the flooring the city purchased for ice rinks has helped increase revenues. Ms. Kronberg said there are policies about who can rent and use the pools and these could be changed to increase revenues. Mayor Ireland closed the public hearing. Councilman Johnson moved to adopt Ordinance #29, Series of 2010, on second reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Skadron, yes; Romero, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #30, SERIES OF 2010 — Supplemental Appropriations Councilman Romero moved to adopt Ordinance #30, Series of 2010, on second reading; seconded by Councilman Johnson. 12 Regular Meeting Aspen City Council December 6, 2010 Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Roll Call vote; Councilmembers Johnson, yes; Romero, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #31, SERIES OF 2010 — Lodging Tax Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Johnson moved to adopt Ordinance #31, Series of 2010, on second reading; seconded by Councilman Romero. Roll Call vote; Councilmembers Skadron, yes; Romero, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #100, 2010 — Temporary Use Nugget Gallery Chris Bendon, community development department, reminded Council they discussed this in a work session in the past several weeks. The applicant, Ross Kribs, is interested in opening an art gallery in an atrium space in a building on the Hyman Avenue mall, which is not allowed in the land use code. Council directed staff not to initiate a land use code amendment but to achieve this through a temporary use application. Bendon pointed out this temporary use application is for one year, rather than 6 months. Kribs will operate intermittently throughout the year and staff recommends approval. Kribs told Council he contacted the adjacent property owners, who support the application. Kribs requested being allowed a sandwich board sign. The building is on the mall but the space is kind of hidden in a hallway; it is a great space to sell and to get people into the building. The sandwich board is the way to make it a viable option. The uses in the building are office space and do not get a lot of traffic. Bendon recommended allowing the new sign code to exist for at least 6 months before making exemptions. Bendon noted the new sign code allows businesses to get a one week sandwich board pass, up to 8 /year and recommended Kribs go with that. Council suggested a blade sign hanging from the building. Kribs said he is not sure about hanging a sign and how this would fit with other occupant's desires. Mayor Ireland moved to approve Resolution #100, Series of 2010; seconded by Councilman Skadron. All in favor, motion carried. Councilman Johnson moved to adjourn at 9:15 PM; seconded by Councilman / Romero. All in favor, motion carried 13 /` 11