Loading...
HomeMy WebLinkAboutminutes.council.20120625 Regular Meeting Aspen City Council June 25, 2012 • PROCLAMATION—Cos Bar and Aspen Marketing 2 CITIZEN PARTICIPATION 2 COUNCILMEMBER COMMENTS 2 CONSENT CALENDAR 3 ❑ Resolution#63, 2012—Adopting the Amended Municipal Records Retention Schedule3 ❑ Minutes - June 11, 2012 3 ORDINANCE#20, SERIES OF 2012—831/833 W. Bleeker Subdivision 4 Councilman Torre moved to read Ordinance #20, Series of 2012; seconded by Councilman Frisch. All in favor, motion carried. 4 ORDINANCE#19, SERIES OF 2012—Pitkin County Library SPA Amendment 4 RESOLUTION#64, SERIES OF 2012—Water Supply Forecast and Water shortage Stage Recommendation 9 ORDINANCE#19, SERIES OF 2012—Pitkin County Library SPA Amendment 9 ORDINANCE #18, SERIES OF 2012—South Aspen Street PUD 11 1 Regular Meeting Aspen City Council June 25,2012 Mayor Ireland called the meeting to o_rder at 5:00 PM with Councilmembers Johnson, Frisch, Skadron and Torre present. PROCLAMATION—Cos Bar and Aspen Marketing Mayor Ireland and Council proclaimed June 25th Cos Bar in Aspen day in recognition of the long standing business and their success in getting Aspen's name out into the larger market through Target. Lily Garfield, Cos Bar, and her staff were present to receive the proclamation. CITIZEN PARTICIPATION 1. Anne Abernathy reminded Council of the upcoming Block Party Sunday, July 1St at 10 AM at Rio Grande park. Ms. Abernathy said the speakers are being provided by the Aspen Ideas fest and it is being underwritten by Obermeyer Asset Management. There will be "ideas"booths and talks at the Rio Grande. Jeff Woods,parks department, told Council this is the first event of the Aspen Institute's Ideas festival ever integrated into the community and staff was excited to work on this. Woods noted the dedication of the work on Rio Grande park is being held that day July 1st at 12:30 PM. 2. Kathy Chamberlin told Council the city's archery range at Cozy Point has no table, no chairs, no grass, no shade and no portapotties. Ms. Chamberlin said the caretaker's son at Cozy Point threatened her while riding an ATV. Ms. Chamberlin said she would like to address Council about turning this archery range into a Nordic biathlon training course. Mayor Ireland said staff will contact Monroe Sommers, lessee of Cozy Point, to find out what happened. Mayor Ireland directed staff to see what would be feasible on the archery range for a Nordic biathlon, what it would entail and if it is feasible what it would cost. Ms. Chamberlin noted the target bags are in very bad shape. 3. Peter Fornell went over the categories and the cash-in-lieu charged for those categories noting that category 2 cash-in-lieu is $137,500 and category 4 cash-in-lieu is $139,500. To provide for 10 FTEs in category 4 is $1.4 million which would provide for 6 category 2 FTEs. Fornell suggested in this economy, it might be more valuable to provide for those 6 category 2 FTEs. The code requires a developer to mitigate at 4 or les's; no one mitigates for"or less" because the $1.4 provides more mitigation and with the upcoming applications, Council should look at the type of housing they want to see provided rather than just the most. 4. Tom Marshall brought up the $100,000 to be spent on studying property values along rivers. Mayor Ireland noted that is a proposal by Healthy Rivers and Streams not by the city. COUNCILMEMBER COMMENTS 1. Councilman Johnson acknowledged and thanked the community for the great 30th Food and Wine event last weekend. 2 1 Regular Meeting Aspen City Council June 25, 2012 2. Councilman Torre noted the music students are returning to Aspen. Councilman Torre said he attended a poetry reading at Victoria's; both of these items point out the depth of the community. The concerts in the west end could be enjoyed for free on the lawns. The Saturday Market is back and is amazing. Councilman Torre said Kathy Strickland as market manager is doing a great job. Councilman Torre thanked Trish Aragon and Jerry Nye for getting the crosswalk at Midland and Highway 82. 3. Councilman Skadron agreed Food & Wine was a successful week end event. Councilman Skadron wished Theatre Aspen good luck opening this week. 4. Councilman Frisch agreed Food & Wine was a fantastic event. Councilman Frisch congratulated Zeke Teirnan and Dylan Bowman for their 6th and 7th places finishes in the Western States 100 mile trail run. 5. Mayor Ireland said the music students are back and their entertainment on the streets is beautiful and free for the community. 6. Mayor Ireland asked staff to look into the complaint that parking in the west end during . special events was not kosher. 7. Mayor Ireland noted there is extreme fire danger in Colorado and there are multiple fires burning in Colorado. One-half of the fire fighters in the U.S. are in Colorado. The city is giving free inspections for perimeters around people's houses. 8. Mayor Ireland said Mike Wampler had a bicycle accidents riding into town over the city's new entrances to Hallam and Bleeker. Mayor Ireland said there is a small change in pavement and it is not visually apparent. 9. Councilman Skadron said he attended the Colorado Association of Ski Towns meeting and they welcomed their 32nd member, Gunnison County. CORE's green key grants are in the process of being reviewed; CORE will distribute about $300,000 in REMP funds. On July 2nd, RFTA is hosting Ray LaHood, Secretary of Transportation, who will be in Carbondale at the first construction site of the BRT. CONSENT CALENDAR Mayor Ireland moved to adopt the consent calendar; seconded by Councilman Johnson. The consent calendar is: •r Resolution#63, 2012—Adopting the Amended Municipal Records Retention Schedule • Minutes - June 11, 2012 All in favor, motion carried: 3 Regular Meeting Aspen City Council June 25,2012 ORDINANCE #20, SERIES OF 2012— 831/833 W. Bleeker Subdivision Councilman Tone moved to read Ordinance #20, Series of 2012; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO. 20 (SERIES OF 2012) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION REVIEW WITH CONDITIONS, FOR THE DEVELOPMENT OF A TRIPLEX ON THE PROPERTY LEGALLY DESCRIBED AS LOTS A, B, AND C, BLOCK 12, ASPEN TOWNSITE AND COMMONLY KNOWN AS 831/833 W. BLEEKER STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman Johnson moved to adopt Ordinance #20, Series of 2012 on first reading; seconded by Councilman Skadron. Roll call vote; Torre, yes; Skadron, yes; Frisch, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #19, SERIES OF 2012—Pitkin County Library SPA Amendment Jennifer Phelan, community development department, reminded Council this is a request for a 7200 square feet expansion to the library with a two-story addition and a porch element along Galena Plaza and an amendment to the specially planned area. Ms. Phelan said questions from the first public hearing have been addressed in Council's packet, like the shadow studies and alternative designs of the canopy. Ms. Phelan entered into the record letters from Danielle Stevens and Andrew Ernemann as exhibit K. Kathy Chandler, library director, said the applicants heard Council's concerns about the 16' canopy and the resulting shading of Galena Plaza. Ms. Chandler said the applicant will present different design options considered by the Library Board over the past two weeks; the Board intends to be flexible regarding issues arising out of these public hearings. Ms. Chandler noted the applicant's design team used the civic area master plan as a guiding document in developing this proposal. The civic area master plan recommended that vitality be added to the plaza as plans were made to replace the garage roof The civic area master plan suggested the library develop a public meeting room that could be used outside of the library's normal hours. Ms. Chandler said the main areas the applicant is attempting to address in the proposal are a new children's library that is not an egress point for all library users, a larger teen area—to address the most rapidly growing part of the collection, small meeting rooms, a stronger connection with the outdoors, and a change in the warehouse mentality in the existing library without ADA compliance and a pre-internet outlook. Ms. Chandler noted the Basalt library was originally a - branch of the Pitkin County library; it serves a population of 10,000 citizens and the building is 21,000 square feet. The population served by the Pitkin County library is 14,000 and the 4 Regular Meeting Aspen City Council June 25,2012 proposal is for a 38,000 square feet building. Ms. Chandler pointed out Pitkin County as a resort community serves more than just the local population. Ms. Chandler said this project will need to have voter approval for a $5 million bond. The library has saved $5.3 million from bequests to pay for half the project. Ms. Chandler told Council it is likely there will be two separate questions on the ballot, one for a$150,000/year in increased operating expenses and a capital replacement plan. The design team, made up of Willis Pember, architect; Humphries Poli, Suzanne Jackson, planner and landscape architect, started in 2010 to work on a renovation project. Suzanne Jackson reminded Council starting in 2009 there were 12 focus groups, 4 open houses with over 230 attendees and 700 comments sent to the design team and library board. Ms. Jackson told Council the design team has investigated over 44 different options for the library design, starting with looking at renovation of the existing footprint, using the 44' easement, and the canopy to 60'. Ozzie Fredrick, Humphries Poli, noted designs within the existing footprint were not pursued. Fredrick showed proposal moving the children's room from the lower floor to the main floor which would have caused havoc for the rest of the library patrons. This ruled out options for renovating within the existing footprint and requiring the children's room to stay on the lower level to avoid an acoustical disaster. Fredrick said if the design uses the existing Mill street entrance and added a community room without outside access the resulting room had 3 columns in it. Ms. Jackson reminded Council one question at the last hearing was about short term parking needs; the current drop off on Mill street is very important to the library. The applicant expressed their desire to maintain that drop off at the city's hearing on Mill street. Ms. Jackson told Council the applicant met with city staff at the beginning of this process to address the extent of the design envelop and each attended the other's public meetings. Ms. Jackson noted concerns have been expressed by Shakespeare in the Park; they have been shown the possibilities of using the meeting room, which opens up onto the plaza. Ms. Jackson showed a model illustrating height of surrounding buildings, including the Hotel Jerome and the courthouse. Ms. Jackson said the library is a significant public building that people should be able to recognize. The Hotel Jerome is larger; the proposed addition and porch arcade is below the level of the existing clock tower. Ms. Jackson noted the scale of buildings is relative to the space in which they are located. The Paepcke park pavilion is 40'; however, it does not look that tall as it sits in a large open space. Fredrick said concerns were expressed after viewing the story poles, which tell a different story than the proposed design. Fredrick showed a slide of the story poles with a solid mass against those poles and a slide of how the proposed design actually fits up to the story poles. Fredrick said the children's room is a one-story mass and the building steps back 20' and opens up the corner allowing a view through to Red Mountain. Fredrick said a question from the last hearing was about the load transference in the garage related to the design of the library. Fredrick said the initial thought was the library had a 44' easement and expected to put down columns through 3 levels of the parking garage, which would eliminate some parking spaces. The library did not consider that as acceptable to the city staff and developed options that would not result in loss of parking spaces. 5 Regular Meeting Aspen City Council June 25, 2012 Fredrick showed the existing exterior wall of the library, the first bay of parking 60' out, a set of beams that carry the full loads of the building between those two points. Fredrick said that design option creates a shared zone where the park and the library intermix. Fredrick showed a second option where the main beam is transferred to the intermediate level; spanning 60' requires a deep beam and this would create a disjoin between the mezzanine level of the library and the new mezzanine level requiring a flight of stairs and raising the proposed height. Fredrick presented an alternative design, which would cost more, and without a shelter over the east edge of the park. The library building would come right up to the 44' line. Willis Pember, architect, showed shadow studies done of the Galena Plaza on June 21, September 22, December 21 at different times of the day. Pember said another issue was views of Aspen mountain and of pulling back the canopy. One redesign for the canopy includes large areas of glass preserving views to the sky; however, it affects solar heat gain and offers less shade for reading under the canopy. Councilman Torre asked for comparisons with the Basalt library. Ms. Chandler said the population for the Basalt library district is 10,000 and the library is 21,000 square feet, a square foot/capita ratio of 1.85 and Pitkin County has a population of 13,900 and the current library is 2.2 square feet/capita. Ms. Chandler said the Pitkin County library serves many more people than show up on the census. Ms. Chandler said one of the goals of this remodel is to change the way the collection is presented to the public; newer libraries make themselves more fun and inviting with materials on display. Councilman Skadron asked if an expansion to meet the needs of the library could be kept within the confines of the easement, is there the option to make the existing shell great. Ms. Chandler said the option to make the existing shell great does not exist; this was looked at very seriously. Ms. Chandler said taking all the square footage needed, putting it in the existing shell at a cost of $5 million, no desired marks were achieved. It is a possibility to achieve those goals within the existing easement. Fredrick showed a slide of using just the easement and the part underground will have to go past the easement to bring to a rational structure point and it will be impactful on the parking garage. Ms. Chandler said that design option would add $300,000 to the project. Ms. Jackson noted the porch would create an interactive outer space for the public's use at the library's expense. Ms. Chandler reiterated it would not be worth spending money to fix the library within the existing footprint. Frederick said the library can be great but it needs the addition to free up spaces to make the whole building great. Pember said the hard cost for transferring the loads to the bottom of the garage structure is around $800,000; the canopy reduction to the 44' easement eliminates any weather covering along the building. This nets out at $300,000. Councilman Johnson asked about the Mill street drop off Ms. Phelan noted the engineering department is looking at different options for the Mill street drop off, including removal of that pull off on Mill street. Councilman Johnson said he would like to see some options for a drop off on the alley south of the Galena plaza as the focus of the design is changing the focus of the library to the plaza side. Councilman Johnson asked if this will increase the city's operational costs. Scott Miller, asset department, stated he is confident this will not increase the city's operation costs; the area that is the city's responsibility gets smaller. Ms. Phelan pointed out city 6 Regular Meeting Aspen City Council June 25, 2012 staff will outline issues to be covered in future agreements if this is approved by Council and by the voters. Steve Barwick, city manager, said the city has a structurally stable garage that has existed for years. Any additions to the load of the parking garage that may cause structural problems would be the responsibility of the library. Councilman Frisch said the assumption has always been that there will be a vote on this project. Councilman Frisch stated he would like to be assured there will be a vote regardless of the financing. Ms. Chandler said she has not asked the BOCC if they would put a question on regardless of financing. Ms. Chandler stated she has been assured the BOCC will not fund $5 million without a vote. Ms. Chandler told Council she is working with the BOCC on polling to see how the community feels about the project. Councilman Frisch stated it would behoove the library to assure the public there will be a vote. Jim True, city attorney, noted Council will have to review and approve the easement within 180 days of the election. Mayor Ireland said he finds the chart stating only one employee will be staffing the lower floor is not credible. Mayor Ireland stated this is a community building and the community ought to vote on the use of public space as well as on the financing. Mayor Ireland questioned using the solar'gain from the glass canopy for heating the building. Mayor Ireland said the applicant has made a good case for expansion. Mayor Ireland opened the public hearing. Bill Stirling agreed-there is nervousness over public projects. The library size is because it serves an amazing array of locals and visitors. The library is a gathering place. Stirling said the library has to fit into the Galena Plaza and parking garage. Stirling said approving the proposed library addition is the greatest good for the greatest number of people and is in the long term best interest of the community. Jim Moran, library board, agreed with that. Moran stated there are not a lot of people currently using Galena Plaza; it is essentially a dead zone. Moran brought up the wording of 2(d)that takes away the applicant's rights to oppose any development projects submitted to the city and requested it be deleted. Alan.Fletcher said he feels this is a beautiful design and the canopy is a useful aspect of the design and will protect the building in the summer. Liv Adkins said she favors the expansion as she has read most of the books in the library. Ms. Adkins said this design would be a good thing, it would create a cozy atmosphere rather than just a room and more people would be drawn into the building. Junee Kirk said this building does not belong in this location; it does not fit with the historic surrounding buildings. Ms. Kirk said most libraries are diminishing in size because everything in the library is being digitized. Council should hold off on remodeling of the garage for another year and make this design is what the public really wants. Randy Wedum said he does not object to the expansion. Wedum suggested the concrete beam rather than a cantilevered roof with support from underground would be a better solution. Bill Hodges, Hudson Reed Ensemble, read a letter from Kent Reed stating not enough analysis has been dedicated to finding other solutions. Reed stated his view is that mass and scale of the additional 20' is unwarranted and there will be adverse impacts on the open space. Reed asked that the design element of a performance plaza be reincorporated into the plan. 7 Regular Meeting Aspen City Council June 25,2012 John Keleher told Council the library board has worked diligently with the architects to try and incorporate the plaza into the library; the canopy is an important aspect of the architecture and the design. Barbara Reid, library board, said the library's relationship to the plaza is important. The design team has responded to all the library board's requests. Judy Wrigley, library board, said it is important to enlarge the children's library and it is important to enlarge the young teen's library. Ms. Wrigley said she would like to see comfortable reading areas. Ms. Wrigley said the circulation of the Pitkin County library has gone up. Tom Marshall stated open space is open space and this is open space in the center of the city and it is irreplaceable. Marshall said the community cannot keep going on a tax and spend. Marshall pointed out it will be expensive to heat and cool a glass box. Genevieve Smith, young adult librarian, told Council there have been 70 YA programs so far this year and the teen collection is one of the most popular programs at the library and it has the smallest space at the library. Ms. Smith said the designers have taken care to make sure the proposed library is a safe and healthy place for teens to meet. David Bentley said the library only has one direction in which to expand. The green space to the east is too hot for people to sit around and enjoy it. Bringing the library into the green space will make it usable. Bentley said the open plaza with canopy expands the open space. Sarah Pletts said the library expands knowledge and community. Ms. Pletts said she would like to see Aspen be a community that values people above buildings. Ms. Pletts suggested that an upstairs reading room be dedicated to honoring a significant writer of the Roaring Fork Valley. Ms. Pletts also suggested that a 2% fee be included in the construction to be distributed to deserving professional writers who live and work in the valley. Ingrid Adkins said she has watched this library grow and change. Ms. Adkins said an attractive open space changes people's experience and the canopy would be a lovely place to be in the plaza. Ms. Adkins told Council currently she and her children play on the lawn on the west side of the library, not the plaza area. Ms. Adkins said Aspen is a proactive and progressive place and it needs a comparable progressive training ground for young thinkers. Libraries are a place where anyone can afford to grab a book. Judy Harris, library board, said people say the library is good as it is. Ms. Harris said this plan makes it much better. Ms. Harris said she has come to believe there are needs the library is not meeting. Ms. Harris said this design will make it the kind of library people want to use and make it first class. Anna Steinberg told Council she uses the teen room all the time and the YA section would greatly benefit from this expansion and will give teens a place to meet and talk among themselves. Jack Wheeler said he is a library supporter and believes this community deserves the library expansion. John Wilkinson said the shelter is important. Wilkinson said he feels the canopy alternatives present a better idea for that part of the building. Wilkinson told Council the library is the most visited public building in Pitkin County. Wilkinson said the library has been planning and saving for this expansion for the past decade. This facility serves everyone in the county and visitors as well. Mayor Ireland closed the public hearing. • 8 Regular Meeting Aspen City Council June 25, 2012 RESOLUTION#64, SERIES OF 2012—Water Supply Forecast and Water shortage Stage Recommendation Lee Ledesma,water department, said staff is recommending a stage 1 water conservation which requires a 10% reduction in overall water use. There will be a public education component. The city facilities, like parks and golf, are meeting the 10% reduction. There is a rate increase for extraordinary users; 50% for tier 3 users and 75% for tier 4 users. Ms. Ledesma told Council the majority of users are tier 1 and 2 and would not be affected by that rate increase. Ms. Ledesma said informational mailers are being sent to the top 100 users offering things like smart meters. Ms. Ledesma said there has been a good response from users like hotels. Mayor Ireland requested staff monitor the effects on users in order to have information on how elastic the demand is. Councilman Johnson asked that information about the fire danger be incorporated into the media campaign about water. Councilman Frisch asked for an update in six weeks on how the stage 1 is working and that the use is decreasing. Mayor Ireland moved to adopt Resolution#64, Series of 2012; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #19, SERIES OF 2012—Pitkin County Library SPA Amendment Councilman Frisch asked who would take care of a shortfall in this project. Ms. Chandler said that has not yet been discussed. Councilman Frisch asked about the green aspects of the proJect. Ms. Chandler said the intent is to do the best they can to get close to a LEED certification without going after it because LEED certification costs money. These details will be worked out after authority to build the building. Ms. Chandler said this issue has been brought up at community meetings. Councilman Frisch supports that the library and the parking garage get done at the same time. Councilman Frisch asked the possibility of putting this off until 2014. Ms. Chandler said the library board wants to have their ballot question during the general election in 2012. Ms. Chandler said as far as the physical work, they intend to coordinate with the city while not waiting too long to have the construction costs go up. Ms. Phelan pointed out this ordinance grants land use approvals, an SPA amendment as well as growth management and after the election, Council, at their discretion, may grant an easement to the library. Councilman Skadron said he thought adopting this ordinance was akin to granting the easement. True said the easement has to be granted in a separate action. Councilman Tone said he has few reservations about the project and although 38,000 square feet is a large building, this addition makes up for some design flaws in the original buildings andthe desire to make the library better. Councilman Torre stated his concern is to make sure this interfaces with the Galena Plaza not imposes itself on the plaza. Councilman Tone said he would like to see some rounded or pulled back corners to give more openness. Councilman Torre said the plan is one tall canopy to shade two different balconies and there could be a design that takes care of each one individually. Councilman Torre stated he is not against the project or the usage but the goals of the city for Galena Plaza are not being integrated. 9 Regular Meeting Aspen City Council June 25, 2012 Frederick said the library board is anxious to let the design evolve in response to the comments heard through this process. This proposed design stops in the early part of design development; there are details that have not been worked out and there is design left to be done. Frederick said there is not necessarily time between Council meetings to fine tune the design. Councilman Frisch said the library has a lot more work to do before obtaining an approval from the community. Councilman Johnson said the plaza is an underutilized open space in the community. Councilman Johnson said staff should be looking at if increasing the library size will make the plaza a revitalized area. Councilman Johnson said the Hudson Reed group should be given space to meet what they are doing. Councilman Johnson stated the synergy of the plaza is critical to making the library expansion work with the Galena Plaza. This will open up the east side of the library and make it a space for people to enjoy. Councilman Johnson stated the shade and the porch are appropriate. Councilman Johnson stated he supports the electorate voting on this issue. Councilman Johnson noted the library has done a good job of public outreach. Councilman Johnson stated his concerns is moving the focal point of the library to the east and the drop off on Mill street. Councilman Johnson said he would like to see if there could be a drop off in the alley. Councilman Skadron stated people devoted to lifelong learning should have a facility like the one described by the applicants and this should be one of Aspen's most important cultural resources. The library is a safe place for kids and teens and is a meeting place for parents. Councilman Skadron said this will become more relevant with the advent of the age of the internet. Councilman Skadron agreed this is in the long term best interest of the community; however, this proposal does not seem to have the synergy with the plaza and immediate area. Councilman Johnson pointed out the plaza is owned by the city and Council will be giving direction on that design. Councilman Torre said the plaza, shaded spaces, the civic patio can all still happen in a smaller scale without a soaring canopy which may not get to the goal of an integrated plaza. Councilman Torre stated he is concerned about shadows cast by the canopy. Mayor Ireland suggested a motion to adopt this ordinance omitting the second sentence in paragraph 2(d). Mayor Ireland said that came from concern about an applicant being granted a development and then coming to complain about the city's right to build something. Mayor Ireland said he heard that Hudson Reed would not be able to use the porch area. Ms. Jackson said the library has offered the meeting space opening out onto the porch to groups that may want to use this space. Mayor Ireland said he does not think the plaza will be activated just by library expansion; there has to be physical draws to the area through streetscapes. Mayor Ireland cautioned that voters will not approve a project that has uncertainties and urged the library to get in front of the BOCC as soon as possible for the ballot question. Mayor Ireland moved to adopt Ordinance #19, Series of 2012, with the amendments to provide for final review by Council of the easement and omitting a sentence in paragraph 2(d); seconded by Councilman Johnson. Councilman Torre asked if this approval is approval of the design including the canopy. Ms. Phelan said the applicant would still have the ability to fine tune the canopy. Mayor Ireland said he assumes the final design will be submitted to the voters. Councilman Skadron said if the 10 Regular Meeting Aspen City Council June 25,2012 applicant still needs an easement, what the purpose of this Council vote is. Councilman Frisch said if this ordinance passes and the voters approve the library, then Council will be on the ethical hook to approve the easement. Councilman Frisch said if this issue were not going to the voters in November, he would have questions about it. Councilman Skadron said this is a land use issue and criteria needs to be met and the design has not evolved sufficient to satisfy the public input and it does not satisfy the criteria. Mayor Ireland suggested tabling this to allow the design to evolve in order to satisfy the criteria. Councilman Skadron moved to table Ordinance #19, Series of 2012, to July 9, 2012; seconded by Councilman Frisch. Councilman Torre reiterated this is not the library plaza; it is the city's plaza. Councilman Torre said he would like to know this plan is going to satisfy the city's goals for the plaza. Councilman Skadron said he would like to see this developed within the 44' easement, not with 16' more feet. Councilman Skadron said the threshold for him is the aesthetic impact of the canopy on the plaza space. Councilman Skadron said he is not persuaded that the built environment will activate this plaza. Councilman Tone noted several development examples, like Obermeyer Place and Aspen Highlands, where the built environment was designed around inspiring the space and these spaces are not active. Ms. Jackson reiterated that the design of the library is as one structure; there is a column that supports the beam from which the library was hung and it all works together. Ms. Jackson said the applicants have been trying, within the framework, to present options that enliven the plaza by creating spaces for people to enjoy between out of doors and indoors. Councilman Frisch said the applicants have not yet figured out the timing,the cost overruns, the green aspects, and the ballot question. All in favor, motion carried. Councilman Johnson resigned as Mayor Pro Tern and nominated Councilman Tone as Mayor Pro Tem; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE #18, SERIES OF 2012 —South Aspen Street PUD Mayor Ireland moved to continue Ordinance #18, Series of 2012, to July 9, 2012; seconded by Councilman Tone. All in favor, motion carried. Mayor Ireland moved to go into executive session at 10:10 PM pursuant to C.R.S. 24-6-402(4) (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 regarding potential litigation; seconded by Councilman Tone. All in favor, motion carried. Councilman Torre moved to come out of executive session at 10:25 PM; seconded by Councilman Frisch. All in favor, motion carried. Councilman Frisch moved to adjourn at 10:25 PM; seconded by Councilman Tone. All in favor, motion carried. /Vf / 11 i