HomeMy WebLinkAboutminutes.council.20130422Regular Meeting Aspen City Council April 22, 2013
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PROCLAMATION – Tom Anderson/Pomeroy Sports .................................................................. 2
PROCLAMATION – Arbor Day.................................................................................................... 2
CITIZEN PARTICIPATION .......................................................................................................... 2
COUNCIMEMBER COMMENTS ................................................................................................ 2
GOVERNOR’S ARTS AWARD ................................................................................................... 3
CONSENT CALENDAR ............................................................................................................... 3
ORDINANCE #16, SERIES OF 2013 – Lot Line Adjustment 250 Willoughby Way .................. 4
ORDINANCE #18, SERIES OF 2013 – Code Amendment – Juvenile Jurisdiction in Municipal
Court ............................................................................................................................................... 5
ORDINANCE #11, SERIES OF 2013 - 605/675 S. Alps Road (Moses Lot Split), PUD
Amendment ..................................................................................................................................... 5
ORDINANCE #15, SERIES OF 2013 – Supplemental Appropriations ........................................ 7
ORDINANCE #13, SERIES OF 2013 – Code Amendment – Trash/Utility/Recycling ................ 7
ORDINANCE #8, SERIES OF 2013 – Moses Annexation ........................................................... 8
ORDINANCE #6, SERIES OF 2013 – Phases III & IV, Aspen Valley Hospital Final PUD ........ 8
ORDINANCE #12, SERIES OF 2013 – Code Amendment – Speed Limit 20 MP ....................... 8
ORDINANCE #9, SERIES OF 2013 – Code Amendment – Campaign Contributions ................. 9
RESOLUTION #47, SERIES OF 2013 – Theatre Aspen Review ............................................... 10
Regular Meeting Aspen City Council April 22, 2013
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Mayor Ireland called the regular meeting to order at 5:05 pm with Councilmember Frisch, Torre,
Johnson, and Skadron present.
PROCLAMATION – Tom Anderson/Pomeroy Sports
Mayor Ireland and Council proclaimed Monday, April 22, 2013 as Tom Anderson/Pomeroy
Sports day to honor the years of dedication and great service to the community and ski industry
given by Tom Anderson. Council presented the proclamation to Tom Anderson.
PROCLAMATION – Arbor Day
Mayor Ireland and Council proclaimed May 4, 2013, as Arbor Day and encouraged citizens to
protect the trees, plant trees and to support the forestry program. Chris Foreman, city forester,
invited all to celebrate Arbor Day Saturday, May 4, at 10 AM Paepcke park with activities and
tree giveaways.
CITIZEN PARTICIPATION
1. Emzy Veazy encouraged shops and restaurants to stay open through off season to keep the
econom y going.
COUNCIMEMBER COMMENTS
1. Councilman Torre reminded everyone of the municipal election May 7th. There will be 3
polling places; absentee voting is available in the city clerk’s office until May 3, 2013. If one is
on the permanent mail in voter list, 1525 ballots were mailed Friday April 19th.
2. Councilman Frisch congratulated Tom Anderson for his career in ski shops in Aspen.
Councilman Frisch noted he used Anderson’s ski shop growing up ski racing in Minnesota.
3. Councilman Frisch thanked Aspen Highlands for their closing party.
4. Councilman Frisch said he appreciated all the e-mails and phone calls after the race and
bomb incident at the Boston Marathon.
5. Councilman Johnson thanked Tom Anderson for the great example of retail service and
from whom he learned to do it right.
6. Councilman Johnson agreed the Aspen Highlands closing day was fabulous.
7. Councilman Johnson said Aspen Junior Hockey had a well attended coach appreciation
dinner.
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8. Councilman Johnson said it is off-season, the sidewalks are rolled up and it is a time to
recharge one’s batteries, enjoy some quiet and prepare for the busy summer season.
9. Mayor Ireland said the community will miss Dave Ressler, CEO of the hospital, who is
going to Arizona.
10. Mayor Ireland said Aspen Highland closing day was also a bike day – a two sports day.
11. Mayor Ireland noted the Aspen Recreation Center will be open every day d uring the off
season. Mayor Ireland thanked the ARC staff for being open until 9 pm.
12. Mayor Ireland stated he appreciates the civility of the campaign and complimented the 4
Council members for their conduct in this race.
13. Mayor Ireland announced the Aspen Valley Hospital public hearing will be continued to
May 13th.
14. Barry Crook, assistant city manager, requested Resolution #50, 2013, a contract for
change orders to Burlingame for additional work regarding the drainage of $30,816, be added to
the consent calendar.
15. Jim True, city attorney, told Council there has been a records request for a report
distributed as personal and confidential to Council by Amory Lovins. True requested permission
to release the report. Council agreed.
16. Councilman Skadron noted he attended the RFTA board meeting; the BRT project is
scheduled to open in September. RFTA discussed the Rio Grande corridor management plan
and access to the trails. The plan is designed to protect the corridor as a transportation corridor.
17. Councilman Frisch said the housing frontiers group is making some recommendations to
the APCHA board about basic education requirements to get into the APCHA system.
GOVERNOR’S ARTS AWARD
Mayor Ireland stated the city has been recognized as a community that values arts as part of the
economic well being. Mayor Ireland said he went to Pueblo to receive the award and showed a
film created by ACRA that part of the award celebration.
CONSENT CALENDAR
Councilman Johnson thanked staff for following up on the request to ask Aspen Junior Hockey if
they were interested in the dasher boards. They were not and the boards will be traded in as part
of buying new ones.
Councilman Frisch asked the scope of work for the Recreation Business Plan update. Tim
Anderson, Recreation department, told Council this is to gather information through public
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meetings, surveys, to find out what people in the community want, comparisons against national
averages to see how the ARC is doing, and what potential there is to grow in the next 5 to 10
years. Anderson said this was a commitment to SPARC, who raised the money for the Lewis Ice
Arena.
Mayor Ireland moved to approve the consent calendar as amended; seconded by Councilman
Torre. The consent calendar is:
Resolution #45, 2013 - Burlingame Phase IIA(i) Construction Quality Assurance
Minutes - April 8, 2013
Resolution #42, 2013 - Replacement of Dasher Boards in the Aspen Ice Garden
Resolution #48, 2013 - Contract for Recreation Department Business Plan Update
Roaring Fork Watershed - Regional Water Conservation Plan
Resolution #46, 2013 - Water System Maintenance Trailer Purchase
Resolution #47, 2013 - AABC Substation Upgrade
Resolution #50, 2013 – Change Order OZ Contract Burlingame
All in favor, motion carried.
ORDINANCE #16, SERIES OF 2013 – Lot Line Adjustment 250 Willoughby Way
Councilman Johnson moved to read Ordinance #16, Series of 2013; seconded by Councilman
Torre. All in favor, motion carried.
ORDINANCE NO. 16
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A LOT LINE ADJUSTMENT FOR THE PROPERTIES LOCATED AT 250
WILLOUGHBY WAY, LOT 3, BLOCK 1 OF THE GREEN ACRES SUBDIVISION,
UNINCORPORATED PITKIN COUNTY AND 850 ROARING FORK ROAD, LOT 1 OF THE
MERRIAM SUBDIVISION, ASPEN, COLORADO
Sara Adams, community development department, told Council this is a request for a lot line
adjustment for land located in the Roaring Fork River; it does not affect any development rights.
Councilman Johnson moved to read Ordinance #17, Series of 2013; seconded by Mayor Ireland.
All in favor, motion carried.
ORDINANCE NO. 17
(Series of 2013)
Regular Meeting Aspen City Council April 22, 2013
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE DISCONNECTION OF CERTAIN TERRITORY FROM THE CITY OF
ASPEN, COLORADO, KNOWN AS 250 WILLOUGHBY WAY, LOT 3, BLOCK 1 OF THE
GREEN ACRES SUBDIVISION, PITKIN COUNTY, COLORADO
Ms. Adams said Ordinance #17 is the same property as in Ordinance #16; the request is to
disconnect the portion of the property that is in the city so that the entire parcel is in one
jurisdiction.
Mayor Ireland moved to adopt Ordinance #16, Series of 2013, on first reading; seconded by
Councilman Frisch. Roll call vote; Torre, yes; Frisch, yes; Johnson, yes; Skadron, yes; Ma yor
Ireland, yes. Motion carried.
Mayor Ireland moved to adopt Ordinance #17, Series of 2013, on first reading; seconded by
Councilman Torre. Roll call vote; Johnson, yes; Frisch, yes; Skadron, yes; Torre, yes; Mayor
Ireland, yes. Motion carried.
ORDINANCE #18, SERIES OF 2013 – Code Amendment – Juvenile Jurisdiction in Municipal
Court
Councilman Johnson moved to read Ordinance #18, Series of 2013; seconded by Councilman
Torre. All in favor, motion carried.
Debbie Quinn, assistant city attorney, told Council the code is unclear about jurisdiction of
juveniles in Municipal Court and staff recommends juveniles be charged less formally into
municipal court than into District Court.
ORDINANCE NO. 18
SERIES 2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
AMENDING THE ASPEN MUNICIPAL CODE BY AMENDING CHAPTER 15 SECTION
04.020 TO ADDRESS JUVENILE PROSECUTIONS
Mayor Ireland moved to adopt Ordinance #18, Series of 2013, on first reading; seconded by
Councilman Johnson. Roll call vote; Torre, yes; Frisch, yes; Skadron, yes; Johnson, yes; Mayor
Ireland, yes. Motion carried.
ORDINANCE #11, SERIES OF 2013 - 605/675 S. Alps Road (Moses Lot Split), PUD
Amendment
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Jennifer Phelan, community development department, told Council this application is for two
lots on South Alps road and the request is to amend the configuration of the two lots as well as
the floor areas allowed on each lot and maintain the total of floor area permitted for both lots.
Ms. Phelan said the applicant would like to build an 800 square foot addition to a single family
housing on 675 Alps road; 605 South Alps road is vacant. Ms. Phelan said a PUD amendment
will allow the floor area to be varied for the lots and subdivision will allow the reconfiguration of
the lots. Ms. Phelan noted P&Z reviewed this; granted an 8040 green line review and
recommended approval of the PUD amendment.
Ms. Phelan outlined the Moses lot split subdivision was approved in 1987 for two lots,
permitting two single family homes, each capped at 3800 square feet. Land surrounding the
Alps building was acquired so that the size of lot 2 was increased and the floor area was also
increased to 5000 square feet; lot 1 remains at 3800 square feet. In 2006 an 8040 green line for
the existing house on lot 2 was approved. The applicant is requesting 800 square feet to be
added to lot 2 for a total of 5800 square feet and a reduction to lot 1 of 800 square feet. The total
overall cap of floor area of 8800 square feet remains the same. The applicant has worked with
the parks department on the easement for the Ajax trail to expand its width. The applicant is
offering to extinguish a transferable development right on lot 2 to provide additional community
benefit to the application. Ms. Phelan noted staff recommends approval as it meets the PUD and
subdivision review criteria; the density and FAR remain the same. Ms. Phelan said the
reconfiguration away from steep slopes and away from the Ajax trail, as well as the increase to
the size of the Ajax trail, is a community benefit. Ms. Phelan said landing the transferable
development right on site contributes to the success of the program and reduces development
pressure on historic structures.
Mayor Ireland moved to adopt Ordinance #11, Series of 2013, on second reading; seconded by
Councilman Frisch.
Councilman Johnson said the TDR is not required and it may set a bad precedent using it in that
way. Mayor Ireland said the TDR program is about relocating development and this would
discourage development. Alan Richman, representing the applicant, told Council this property is
designated a PUD and the PUD regulations state one can get flexibility in the way land is
developed if it is a more compatible land development and achieves the goals of the Aspen Area
Community Plan. Richman said he wanted to bring a PUD application meeting the purpose and
standards of the PUD regulation and bringing forward a TDR was to further that. This property
has a cap on development and has since the original approval.
Richman showed the two lots, the gondola, lot 1 as vacant and lot 2 with the existing house, a
rendering of the addition as seen from the Aspen Alps. Richman told Council no bedrooms are
being added; this is eliminated 800 square feet of development from lot 1 and adding it to lot 2
and extinguishing a TDR. Councilman Johnson said he does not want buying and extinguishing
a TDR to become a precedent for development as a way of sweetening the pot.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the
public hearing.
Roll call vote; Skadron, yes; Frisch, yes; Johnson, no; Torre, yes; Mayor Ireland, yes. Motion
carried.
Regular Meeting Aspen City Council April 22, 2013
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ORDINANCE #15, SERIES OF 2013 – Supplemental Appropriations
Mayor Ireland said the amount of capital carry forward is significant at $16 million. Pete
Strecker, finance department, pointed out exhibit E lists the items that make up the capital carry
forward parks and open space $1 million mainly Rio Grande park improvements; $5 million in
housing Burlingame phase II; $1.6 million in water utilities and $1.4 in electric utility fund.
Mayor Ireland said the Council approved more funding for the Pro Cycling Challenge because
there will be two days in Aspen. The monies will be run through the city and track like an y
expenditure. Nancy Lesley, special events, told Council staff will still raise money and add it to
those city funds.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the
public hearing.
Councilman Johnson moved to adopt Ordinance #15, Series of 2013, on second reading;
seconded by Councilman Torre. Roll call vote; Torre, yes; Skadron, yes; Frisch, yes; Johnson,
yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #13, SERIES OF 2013 – Code Amendment – Trash/Utility/Recycling
Jessica Garrow, community development department, reminded Council this is a joint
amendment between community development and environmental health departments. Ms.
Garrow pointed out this code amendment moves the trash and recycling requirements from the
land use code into the solid waste code so it is managed by the environmental health department.
This amendment maintains the design review in the land use code with the ability to vary
requirements under special review. The ordinance reauthorizes the recycling ordinance which
was to sunset this year. Ms. Garrow said one of the goals is to minimize financial and operating
impact on existing businesses. Ms. Garrow said existing businesses will not see any changes if
they are not expanding. This amendment does not apply to single family and duplex
requirements.
Ashley Perl, environmental health department, told Council staff looked at other communities
around the country. Ms. Perl noted Aspen does not have a lot of space to accommodate
trash/recycling areas. These spaces are the bare minimum for residences and businesses to
property dispose of waste. Aspen has a mix of lodging and commercial in the downtown core.
Ms. Perl presented slides of existing trash/utility/recycling, some of which are inadequate, some
of which function. Businesses or residences with a small space have to have many pickups,
which means a lot of truck traffic and increased costs. Some businesses do not have room for
cardboard recycling so they have to drive to the recycle center. Ms. Perl said staff would like to
see trash and recycling all in one place to make it easy to recycle and get things in the correct
bins.
Ms. Garrow reiterated single family and duplexes are exempt. Small expansions are exemption,
250 square feet or less of net commercial is exempt; changes uses in commercial types will not
trigger a requirement. Demolition of 40% or less will not trigger new requirements. Adding
Regular Meeting Aspen City Council April 22, 2013
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more than 250 square feet not anticipated to be a restaurant will have the same requirement in the
code today. A lodge with 60 or more rooms and a restaurant will have a requirement of 400
square feet for trash/recycling. Mixed use buildings with 5 or more dwelling units will have a
requirement of 1.5 square feet/unit. An expansion of more than 250 square feet for a restaurant
will require 300 square feet for the building. There is a new requirement for multi-family
buildings, which starts at 125 square feet, increasing by the number of units. Ms. Perl told
Council staff worked with a multi-family unit on the ideal size trash area; they have been able to
add composting and have recycle bins for different type of recycling. Staff reached out to
planners and developers and made changes in response to their comments.
Councilman Torre moved to adopt Ordinance #13, Series of 2013, on second reading; seconded
by Councilman Frisch.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the
public hearing.
Roll call vote; Frisch, yes; Skadron, yes; Torre, yes; Johnson, yes; Mayor Ireland, yes. Motion
carried.
ORDINANCE #8, SERIES OF 2013 – Moses Annexation
Debbie Quinn, assistant city attorney, noted the ordinance needs to be amended to add the
rezoning of the property to R-15/PUD. P&Z reviewed that and recommended that zoning.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the
public hearing.
Mayor Ireland moved to adopt Ordinance #8, Series of 2013, on second reading, annexing a
portion of Moses lot split, adding Section 6 rezoning this to moderate density R-15/PUD overlay;
seconded by Councilman Johnson. Roll call vote; Torre, yes; Johnson, yes; Skadron, yes; Frisch,
yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #6, SERIES OF 2013 – Phases III & IV, Aspen Valley Hospital Final PUD
Mayor Ireland moved to continue Ordinance #6, Series of 2013, to May 13, 2013; seconded by
Councilman Torre. All in favor, motion carried.
ORDINANCE #12, SERIES OF 2013 – Code Amendment – Speed Limit 20 MP
Trish Aragon, city engineer, told Council the speed limit in Aspen will be lowered to 20 MPH
unless otherwise posted and Maroon Creek, Castle Creek, Cemetery Lane and Main street will
have higher speed limits. Jim True, city attorney, reminded Council according to state law, all
speed limits have to be in increments of 5 mph. Ms. Aragon said staff is working on Mill street,
Regular Meeting Aspen City Council April 22, 2013
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adding bike lanes, adding pedestrian refuge areas, which should help to slow traffic down. The
crosswalk will be aligned with the businesses across the street.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the
public hearing.
Councilman Torre said this decreased speed limit is a sign of increased pedestrian and bike
priority in the community.
Councilman Johnson moved to adopt Ordinance #12, Series of 2013, on second reading;
seconded by Councilman Torre. Roll call vote; Torre, yes; Frisch, yes; Johnson, yes; Skadron,
yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #9, SERIES OF 2013 – Code Amendment – Campaign Contributions
Jim True, city attorney, reminded Council this amendment would require all campaign
contributions, regardless of amount, to be disclosed. True said there is an argument that lack of
disclosure of donors adds to lack of civility in election campaigns. True pointed out the city’s
code specifically prohibits anonymous donations. True said that people who collect donations
under $20 state the donations are not anonymous to them; they are just not reported. This
amendment is to make sure all donations are reported. This is not about anonymous donations
but is about reporting. Mayor Ireland stated the public ought to know who is trying to influence
an election. True noted this was amended at first reading to set the effective date July 1st after
the election and runoff.
Councilman Torre said he has taken some donations less than $20 given by people who feared
retribution from their employer and to change that provision will hinder some people’s ability to
participate financially. Councilman Torre suggested an overall cap, say $200, on undisclosed
donors in order to allow participation. Councilman Frisch stated he is not a fan of non-disclosed
contributions and has not taken any; however, he is sensitive to the issue of possible retribution.
Councilman Frisch said with a cap, what about the person who wants to donate and the cap has
already been reached.
Mayor Ireland said people have been hurt by non-reported contributions and negative campaigns.
The rule should be if one collects a contribution, it is reported. If all the contributions are
disclosed, everyone knows who is supporting whom. Councilman Johnson said he does not
think this should be discussed in the middle of a Council campaign and would like to continue
this ordinance until after the elections. Councilman Skadron said if an impediment to
participating in a campaign is created by a new disclosure requirement that is a greater concern
than disclosed contributions. Mayor Ireland said negative campaigns drive down participation.
Mayor Ireland noted names are never associated with nasty graffiti. Mayor Ireland said people
want to be involved and to have a sense of community. Mayor Ireland stated he supports
accountability and transparency; people should be responsible for what they pay for.
Councilman Johnson reiterated this is in the middle of a campaign.
Councilman Johnson moved to table Ordinance #9, Series of 2013; seconded by Councilman
Skadron.
Regular Meeting Aspen City Council April 22, 2013
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Mayor Ireland stated he should be given a chance to vote on this ordinance.
Councilman Skadron withdrew his second.
Mayor Ireland moved to adopt ordinance #9, Series of 2013, with Councilman Torre’s
amendment.
Mayor Ireland withdrew his motion
Councilman Torre outlined his amendment which would be a $200 cap on non-disclosed
contributions under $20 and after $20 one can still take under $20 contributions but they would
have to be disclosed and make the ordinance effective in the regular course of business.
Councilman Torre said the safeguards should be in place.
Councilman Torre moved to adopt Ordinance #9, Series of 2013 with a cap of $200 total for
undisclosed contributions under $20; after that one can still receive donations under $20 but they
must be disclosed done sequentially to be effective 30 days from now; seconded by Mayor
Ireland.
Mayor Ireland opened the public hearing.
Phyllis Bronson said there seems to be hypocrisy in this argument because there is either
transparency or not. The lack of transparency pervaded the campaign on the hydropower plant.
If the community wants transparency, then there should be transparency and small donations
should not be protected from that accountability.
Mayor Ireland closed the public hearing.
Roll call vote; Torre, yes; Johnson, no; Frisch, no; Skadron, no; Mayor Ireland, yes. Motion
NOT carried.
Councilman Torre moved to adopt Ordinance #9, Series of 2013, with the following amendments
no more than $200 be collected by non-disclosed sources and after that under $20 donations may
be collected but must be disclosed in a sequential order and this should be effective July 1st;
seconded by Mayor Ireland. Roll call vote; Skadron, no; Frisch, no; Torre, yes; Johnson, no;
Mayor Ireland, yes. Motion NOT carried.
Councilman Johnson moved to continue Ordinance #9, Series of 2013, to the first part of the
June 10, 2013, meeting; seconded by Councilman Skadron. All in favor, with the exception of
Councilman Torre. Motion carried.
RESOLUTION #47, SERIES OF 2013 – Theatre Aspen Review
Jessica Garrow, community development department, told Council this is a review of the Theatre
Aspen tent located in the Rio Grande park. Ms. Garrow reminded Council part of the approval
for Theatre Aspen in 2012 was a required check in of the aesthetics of the performance tent when
it is left up during the off season. Staff is recommending approval of the conditions as written;
Theatre Aspen has done a great job working with staff; the construction of the lobby makes this
Regular Meeting Aspen City Council April 22, 2013
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feel like a complete site. Ms. Garrow noted Theatre Aspen has requested a fee waiver of the
parks and land use review fees which may total $1800. Mayor Ireland noted at the review in
2012, applicant stated leaving the tent up would save them up to $30,000. Ms. Garrow said one
reason to support this application was leaving the tent up would save wear and tear on the park.
Mayor Ireland said the applicant is saving up to $30,000/year, and they should pay the fees.
Councilman Johnson asked about public outreach and reaction from neighbors. Emily Zack,
theatre Aspen, told Council they included pictures with the public notice and heard from no one.
Paige Price, theatre aspen, said there is only one neighbor who has come to Council and made
their discontent known. Ms. Garrow said staff has not heard from any neighbors. Councilman
Skadron agreed it is better than it was. Ms. Paige said the new seating area was build to code
and cannot be struck; they concentrated on camouflaging what is there. The storage has worked
well and they are grateful for the permanent lobby; it has changed their lives. Ms. Garrow
pointed out the resolution retains all original conditions of approval and states no further check
in is required. Ms. Price stated theatre aspen is willing to abide by all previous conditions. Ms.
Garrow said the resolution includes the fee waiver.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the
public hearing.
Mayor Ireland moved to approve Resolution #47, Series of 2013, without the fee waiver;
seconded by Councilman Torre. Roll call vote; Frisch, yes; Torre, yes; Skadron, yes; Johnson,
yes. Mayor Ireland, yes. Motion carried.
Councilman Torre moved to adjourn at 9 pm; seconded by Councilman Johnson. All in favor,
motion carried.
Kathryn Koch
City Clerk