HomeMy WebLinkAboutminutes.council.20161024Regular Meeting Aspen City Council October 24, 2016
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SCHEDULED PUBLIC APPEARANCES – Black Diamond Award ......................................................... 2
CITIZEN COMMENTS ............................................................................................................................... 2
COUNCILMEMBERS COMMENTS .......................................................................................................... 2
CITY MANAGER COMMENTS ................................................................................................................ 3
BOARD REPORTS ...................................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #150, Series of 2016 – Contract approval for a Study of the Historical Significance and
Existing Conditions Information for Five City of Aspen Owned Properties ................................................ 3
Resolution #149, Series of 2016 – Parks Department Turf Renovator ................................................. 3
Resolution #146, Series of 2016 – Air Quality Monitoring Contract ................................................... 3
Resolution #151, Series of 2016 – Shaw Construction Contract Addendum #4 .................................. 3
Resolution #152, Series of 2016 – Contract Extension for Construction management ........................ 3
Minutes – October 10, 2016 .................................................................................................................. 3
Resolution #147, Series of 2016 - AACP and Land Use Code Coordination ............................................... 4
Regular Meeting Aspen City Council October 24, 2016
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Mullins, Myrin,
Frisch and Daily present.
SCHEDULED PUBLIC APPEARANCES – Black Diamond Award
Steve Barwick, city manager, stated that on July 28, 2016 Braulio Jerez, a newer police officer was on a
routine call to assist the sheriff department and it quickly escalated involving a man with a gun and a
hostage situation. There was a possibility for the use of lethal force. Braulio faced a dangerous situation.
He confronted the situation and made the subject surrender. His patience and self control saved the
hostage and his police brothers as well. It was a peaceful resolution. He is a strong role model for the
city’s values and our community. Mayor Skadron presented Braulio with the award.
CITIZEN COMMENTS
1 Emzy Veazy III spoke about the RFTA booze policy on the buses and wants to make sure the
city is covered.
COUNCILMEMBERS COMMENTS
Councilman Myrin said at the last Council meeting it was a lot about water storage. The EOTC meeting
talked about paving the spaces at Brush Creek and Wecycle. They also discussed the light rail. All this
brings up the question around the carrying capacity for Aspen, Snowmass and Pitkin County. Where are
we going. We need to have that information to have an idea as to if we need a train, a dam and what kind
of water storage. Without an end goal it is hard to plan. We need to consider talking about carrying
capacity. EOTC funded 100,000 for Wecycle. He asked for a copy of the Wecycle budget.
Councilman Frisch said on carrying capacity, he would like to get over the moratorium at the first of year
but does not have a problem talking about it. He tipped his hat to Bill Dinsmore for the Main Street
Bakery.
Councilwoman Mullins said on carrying capacity, the first thing that comes up with it is what does it
mean. Is it how many people that you can stick in a room. It will be an interesting discussion but it is not
a simple one. She commended the parks department on the Cozy Point management plan and the
outreach has been terrific. Aspen is number two according to the resort guide in Ski magazine. Whistler
is number one. We are in the process of reworking the city website and it would be great to have Spanish
translation as well.
Mayor Skadron spoke about waste management. Aspen has a goal of reducing the amount of waste going
in the landfill including construction and demolition waste and food waste. There are meetings October
26th in City Hall and the 27th at RMI for construction waste. There will be food waste discussions also.
Check out aspencommunityvoice.com for more details. Voting has started. Ballots are in your mailbox.
Drop them off at the Ute City bank building or early vote at the Jewish Center. If you mail it in it takes
two stamps. Vote in person at the early voting center or wait until November 8th.
Regular Meeting Aspen City Council October 24, 2016
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CITY MANAGER COMMENTS
John Krueger, transportation, presented Council with the Resort Transit System of the year award.
BOARD REPORTS
Councilwoman Mullins said there is a new exhibit up at the Red Brick titled Journeys Abroad. The Boo
Bash is partnering with the fire department and rec center again this year.
Mayor Skadron said RFTA is working on the ITSP with Glenwood and the Grand Avenue bridge. They
are committed to help facilitate traffic with the project.
CONSENT CALENDAR
Resolution #150 – Study of historic significance and existing conditions information for city owned
properties
Councilwoman Mullins said this was suggested a while ago and a follow up to the 2008 taskforce. She
has worked with Ron quite a bit. Jessica Garrow, community development, said Ron is an expert in
preservation and will be able to evaluate if they have historic significance.
Councilman Myrin stated he will vote against this. The firm that was chosen had violated the Council
tone and tenor matter guideline. In a P&Z meeting when the applicant represented a development and
made clear in an email that we want you to be advised that we want this to go to the council at the earliest
date regardless of what P&Z advises. There are also integrity issues that the applicant has with staff. He
does not feel we should hire someone that does not respect the process and ignores the P&Z board and
has trust issues with staff. All this matters. Ms. Garrow said when we go through the land use processes
it is an applicant’s right to make comments and it happens more than we wish it did. 9 out of 10 times the
process works. With this contract we are looking forward to working with both parties. Ron works on
the state board and Stan understands the code. It is very different than the land use process.
Resolution #150, Series of 2016 – Contract approval for a Study of the Historical Significance
and Existing Conditions Information for Five City of Aspen Owned Properties
Vote on Resolution #150
Councilwoman Mullins moved to adopt Resolution #150, Series of 2016; seconded by Councilman
Frisch. All in favor except Councilman Myrin. Motion Carried.
Resolution #149, Series of 2016 – Parks Department Turf Renovator
Resolution #146, Series of 2016 – Air Quality Monitoring Contract
Resolution #151, Series of 2016 – Shaw Construction Contract Addendum #4
Resolution #152, Series of 2016 – Contract Extension for Construction management
Minutes – October 10, 2016
Councilman Frisch moved to adopt the rest of the consent calendar, seconded by Councilwoman Mullins.
All in favor, motion carried.
Regular Meeting Aspen City Council October 24, 2016
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Resolution #147, Series of 2016 - AACP and Land Use Code Coordination
Jessica Garrow and Phillip Supino, community development.
Ms. Garrow said this is the second step in a three step process. Staff has been working on this since
August. We have been working with a number of consultants including Alan Richman, Mark White and
Jeremy Nelson. The goal is to reconcile the Land Use Code (LUC) to the Aspen Area Community Plan
(AACP) so the LUC delivers what the AACP promises. Council narrowed the focus to use mix;
commercial and residential, commercial design, parking and mobility, view planes, affordable housing
mitigation and dimensional standards. The moratorium covers all the commercial zone districts. It is
schedule to end on February 28th.
Staff conducted more than 20 outreach events with more than 500 participants. There is a 200 page
outreach report. They also worked with various boards and commissions.
The overall policy direction includes:
1 Implement the city’s sustainability and mobility priorities in the off street parking regulations
2 Provide a mix of uses in the commercial districts that support locally serving and unique
businesses
3 Update the commercial design guidelines to reflect development that is compatible with
Aspen’s historic development pattern
4 Update the Mountain View Plane regulations to simplify and clarify their administration
5 Ensure development mitigates its reasonably related impacts
Commercial use mix
AACP policies directly related include identify opportunities to reduce the boom–bust nature of economy.
Encourage a commercial use mix that is balanced, diverse and vital and meets the needs of the year-round
resident and visitor. Facilitate the sustainability of essential businesses that provide basic community
needs. Council direction includes businesses for locals and visitors, healthy commercial mix, second tier
spaces, and an incentive and design-based approach. Things we heard from the public include preserve
commercial areas for predominantly commercial uses. Provide spaces for active, vital businesses.
Provide publically accessible spaces and provide commercial opportunities for both locals and visitors.
Proposed policies include creating a locally serving business overlay zone that would be a voluntary
overlay in the SCI and NC zone that would be an incentive based zone. It would be applied through a
formal rezoning process. It would promote the second tier spaces; second floors, ally, basement or
midblock spaces. Promote diversity of business through diversity of spaces. The commercial
replacement requirement would preserve existing second tier spaces and promote creation of new second
tier spaces. We would revise the allowed use list to create a generalized use categories. This would limit
unwanted uses and promote wanted ones as well as increase clarity of zoning standards.
Councilwoman Mullins asked for second tier spaces and the replacement requirement, is it redundant.
Mr. Supino replied no. The retained credit would be applied to redevelopment. Councilwoman Mullins
said she wouldn’t want to get into a situation where someone is retaining one and having to provide
another. Mr. Richman said 30 percent would be the minimum unless the redevelopment required more.
Councilwoman Mullins asked to elaborate more on the locally serving overlay. Ms. Garrow replied that it
is voluntary. Mr. White said without mandating, it allows for different standards. Councilwoman
Mullins asked how it encourage a public private partnerships. Mr. White sad that would be at the option
of the city. It does not need to be described in the code. The zone would be there and the city would have
the option to participate.
Regular Meeting Aspen City Council October 24, 2016
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Councilman Daily asked what bonuses are available to an owner in selecting future uses. Ms. Garrow
said currently it is just the underlying zoning. SCI is very restrictive, retail is not allowed. We are trying
to stay true to that but allowing a bit more flexibility in the uses allowed there. Revising the use list goes
hand in hand with the overlay.
Councilman Frisch said he suggested we should hold off on the SCI and NC. Is this flushing out the SCI
and NC. One of the NC zones is smack in the middle of town the other is on Durant. To me that is a fair
bit different than the Clarks neighborhood. I still believe we are going to have to work on this later.
Councilman Myrin said on the AACP was there anything learned that came out of the AACP. Ms.
Garrow said things have been very consistent. The AACP talks about lowering building heights. We did
a visual building height survey and overwhelming no one wants to see four stories. Councilman Myrin
said it might help if we have some idea of what we think we are upzoning and what we are downzoning.
For locally serving businesses, dimensional standards might change. He wants to avoid affordable
housing mitigation being given up. He also wants to get away from what Council did with saving the
movie theater.
Mayor Skadron asked are the incentives to the property owner sufficient to deliver the desired outcomes
for the locally serving businesses. Mr. Supino said we build in the flexibility on a project by project
basis, if written properly. It would act like a PUD through the normal zoning process. Mayor Skadron
said there is opportunity around this. There are lessons learned from the AspenModern program. It is not
my desire to stop development of all kind but to position the community for success. I want to find the
sweet spot in the middle.
Mayor Skadron opened the public comment.
1. Peter Greeney asked if the four major property owners in town been talked to about the
incentives. What are active and vital businesses. Is the demand from local people who want to
open businesses or people who want local businesses. He is curious how these changes may
affect sales tax. Do we have a diagnosis of our commercial mix and what is healthy. Why don’t
we just buy the North Mill Street building. The city has a different expectation on return on
investment.
2. Toni Kronberg – it has taken three Councils and two mayors to get to this point.
Mayor Skadron closed the public comment.
Councilman Myrin said the resolution has a few things. For #3, we should test if what we are trying to
get is what we are zoning for, local owners or representative. #4, I struck that, but I was a minority on
that. #5, locally serving businesses, the last 2 words, I struck (and visitor). #I, instead of locally serving
uses I suggest second tier commercial.
Residential Use Mix
The AACP policies include the housing inventory should bolster our socioeconomic diversity. All
affordable housing must be located within the urban growth boundary. On-site housing mitigation is
preferred. The design of new affordable housing should optimize density while demonstrating
compatibility with the massing, scale and character of the neighborhood.
Council direction includes no new free market in commercial zones. Allow onsite affordable housing
mitigation. Affordable housing must be an ancillary use to commercial. Allow greater flexibility in
mixed use zones. Explore RO light in 2017.
Regular Meeting Aspen City Council October 24, 2016
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Councilman Frisch said that RO has served the community well. He sees it working well for other zones
as well. It is an important aspect above the traditional categories.
Mayor Skadron said the issue is RO is essentially free market. I want it to work for the community and
not be abused into something different than its original intent. Councilwoman Mullins said it is important
to pursue it now. It is not great planning to have a hard edge from one zone to another. I would like this
to be pursued but don’t want to use it as a place holder. Mayor Skadron said his concern is we will see in
the MU what we saw in the CC. Councilwoman Mullins said she is relying on staff to prevent that from
happening. Councilman Daily said he doesn’t want to take it off the board forever but I don’t want it to
be a placeholder. Councilman Myrin said for affordable housing(AH), allowing AH in the CC might
displace potential second tier uses. I’m ok with C1 because it is transitional. Ms. Garrow said the
community feedback was eliminate free-market residential from commercial zones. Keep the Main Street
residential character. Eliminate new free-market uses in the CC, C1, MU, SCI and NC zones but allow
existing uses to continue. Limit the amount of affordable housing allowed in the CC, C1, NC and SCI
zones. Prioritize commercial uses, allow onsite mitigation, maximum AH floor area of .25:1 and no AH
credits generated by units. Mayor Skadron said he is not opposed to eliminating AH in the commercial
core. My intent is not to prohibit a developer from putting their mitigation on site. Councilman Frisch
said we need to make sure the majority of the second floor is used for nook and cranny space. If we allow
it we have to have the credits.
Councilman Daily said the policies they are proposing are pretty sensible. I’m comfortable with them.
Mayor Skadron said there is Council support to leave it as is.
Councilwoman Mullins asked if you have had any conversations as to how to fill up the empty store
fronts in town. Ms. Garrow said we can’t force the landlords to rent their space. I don’t know if there is
much else we can do. Councilwoman Mullins said the bigger problem is the expanses of empty
storefront. Mr. White said it is not a land use issue but the market operating. Councilman Frisch said on
nook and cranny I still think ground floor chopped up is a viable use. Without getting into the back of
house operations it is hard to chop up a bunch of spaces and say go for it. We will probably need to
change that. It is the back of house stuff that needs to be coordinated.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Commercial design
The AACP policies include development that reflects our architectural heritage in terms of site coverage,
mass, scale, density and a diversity of heights. Supporting the historic integrity of designated structures
and ensuring compatibility with the surrounding context in terms of site coverage, mass, scale, height, and
form.
Council direction includes preserve historic character, enhance community character, revise public
amenity requirements and promote second tier spaces.
Public feedback included maintain Aspen’s historic character. There was clear support for one and two
story buildings. No support for four story buildings. More modest massing in terms of buildings. Public
amenity space that is more useful, active and accessible. Preserve the character of the pedestrian malls.
Proposed policies include revise public amenity space requirements that incorporate accessible, useful
and meaningful spaces. Alternatives for the pedestrian malls. Reinforcement of the historic character.
Enhance community character and access to second tier spaces.
Regular Meeting Aspen City Council October 24, 2016
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Councilman Frisch said overall we should protect the historic built environment of the malls. We should
not fabricate artificial public amenity space on the malls. Councilman Myrin said it is important to back
test the commercial design. For #6 he would strike alley and consider breaking basement and second tier
and everything else into another category. Ms. Garrow suggested adding language distinguishing
basements from other spaces. Councilwoman Mullins said every space will have a challenge to be visible
and successful. She could consider adding to point 4 the replacement of meaningful amenity space.
Councilman Myrin said #9, he feels very strongly that Council should be accountable for what gets built.
Ms. Garrow said we have had lengthy discussions about the call up process and the end was leave it as it
is.
Mayor Skadron said Section 4.1 the term fine grained is used. What do you mean. Mr. Supino said just
how specific the guidelines get.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Parking & Mobility
The AACP policies include use transportation demand management tools to accommodate additional
person trips in the Aspen Area. Maintain the reliability and improve the convenience of City of Aspen
Transit services. Expand and improve bicycle parking and storage in the Urban Growth Boundary.
Improve the convenience, safety, and quality of experience for bicyclists and pedestrians on streets and
trails. Require development to mitigate for its transportation impacts. Develop a strategic parking plan
that manages the supply of parking and reduces the adverse impacts of the automobile.
Council direction included combine parking and TDM into a mobility requirement. Increase the use of
alternative modes of transportation. Reduce vehicle trips. Increase the availability of off-street parking.
What we heard included the proximity of parking to destination is a barrier to using public parking. Most
use a mix of parking and mobility options. Cost, access and availability drive parking decisions.
Automobile needs and pedestrian safety are barriers to using alternative modes. Sub-grade garages are
preferred over every other type of parking facility.
Proposed policies included integrate parking regulations and transportation impact analysis into a
mobility requirement. Provide options for development to fulfill requirement. Promote the development
of shared parking facilities. Increase the availability of off street parking and promote driving
alternatives. Finance the development of public parking facilities. Public private partnership shared
parking facilities. Alternatives for on street parking management. Generate public funds to finance
parking and multi-modal infrastructure. Mandatory cash-in-lieu on pedestrian malls. Optional cash in
lieu elsewhere. Maintain current parking minimums and add soft maximums. Generate cash-in-lieu
revenue from over parked facilities. Private development of multi modal infrastructure. Right size future
onsite parking facilities.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Myrin passed out the October 10 handout from staff. Parking was reduced after infill. There
is zero on street parking on North Mill. He is not supportive of soft maximums. For #2, he would like
more information on staff time or technology needed to manage the shared parking. For #4, is there a
history of where the mitigation money has gone. Ms. Garrow said it has been tracked and has really gone
to the parking department. Councilman Myrin said he wants to make sure we have a system for the
future.
Regular Meeting Aspen City Council October 24, 2016
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View planes
The AACP policies include ensuring that the city land use code results in development that reflects our
architectural heritage in terms of site coverage, mass, scale, density and a diversity of heights in order to:
create certainty in land development, prioritize maintaining our mountain views, protect our small town
community character and historical heritage, limit consumption of energy and building materials, limit the
burden on public infrastructure and ongoing pubic operating costs and reduce short and long-term
generation impacts. Zoning and land use processes should result in lodging development that is
compatible and appropriate within the context of the neighborhood in order to create certainty in land
development; prioritize maintaining our mountain views and protect our existing lodges. It should also
create certainty in zoning and the land use process. Council direction in the residential use mix include
strengthen view plane protections, maintain existing ones, improve ease of use and application and clarify
code language.
What we heard are the views from downtown are character defining. Big buildings are impediment to
views.
Proposed policies include defining fore, middle and background for each view plane.
Define minimal impact for structures and development within a view plane. Create clarity for property
owners and development. Allow flexibly in assessing impacts relative to specific view plane
characteristics and standards.
Tie view plane extents to the 8040 greenline. Stronger design regulations with 8040. Greater clarity for
applicants. Clear view plane boundaries.
Revise code language to strengthen protections while improving ease of use and administration. Better
maps and visual representations. Clearer definitions and descriptions. Clearer intense and purpose
statements.
Councilwoman Mullins said she is pleased the intent is to strengthen them as a planning tool.
Councilman Frisch said he agrees with Ann. Ms. Garrow said for the November 2nd work session we
could do a site visit and actually look at the view planes.
Councilman Myrin said for #2 defining minimum impacts, if there is a way to tighten it up. Make it as
least discretionary as we can. For #3, green line review, he would like reassurance the regulations are as
strong as the view plane regulations.
Mayor Skadron opened the public comment.
1. Toni Kronberg handed out the 8040 greenline review standards. She is concerned with the
proposed policy that it states P&Z can grant an exemption based on if the land is developable.
This is weakening the view plane protections. Especially on South Aspen street going up the
mountain.
Ms. Garrow said the 8040 greenline reviews are more stringent reviews. Mr. Richman said if the policy
is you don’t want to see a structure on the mountain than that is a different policy. Regulating what
happens on the mountain is a different issue. 8040 is a hillside regulation not a view plane regulation.
Mayor Skadron closed the public comment.
Affordable Housing Mitigation
The AACP policies are ensure that new development and redevelopment mitigates all reasonable, directly
related impacts.
Regular Meeting Aspen City Council October 24, 2016
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Council direction includes ensuring development provides housing to mitigate its impacts. Ensuring
affordable housing for Aspen’s workforce. Provide rate adjustments for provision of public goods.
Mitigate for previously unmitigated spaces.
What we heard includes the public supports affordable housing. On site is appropriate. Development
should mitigate for its impacts.
Proposed policy includes increase mitigation requirements for commercial and lodge. Particularly for
prime retail space. Reductions are possible for valued public goods. Explore mitigation for existing
development. Tie it to a redevelopment plan. This required additional staff and consultant research.
Increase mitigation requirements for commercial and lodging.
Mayor Skadron said to continue to explore and increased mitigation.
Councilman Frisch said there is support for public amenity and nook and cranny space. Carrot and sticks.
Waiver and regulate it. He thinks it is a good idea but wants to make sure the math makes sense. He
thinks the best way for a diversified retail mix is putting rules in place. We need to do the math first. Ms.
Garrow said increasing the mitigation rate to 60 percent is a big change. We have the highest rate by far.
Councilwoman Mullins said we need to be careful approaching either one two quickly. She would like to
know why the mitigation wasn’t require originally on the first one. She hesitates to just increase the
mitigation without the economic and need study. Out of all the things we are doing this may have the
most economic impact and tie the hands of the developer. Ms. Garrow said we can pull together what we
have done in the past.
Councilman Myrin said he fully supports #1. Reduction in #2 in exchange for public amenity space. We
use to require 25 percent. He is not so excited about trading housing for it. He would change #2 to not
have a reduction in housing mitigation in public amenity space. Ms. Garrow suggested 6.2 to explore
increase in mitigation.
Dimensional Standards
AACP policy states to establish lower maximum building heights to maintain Aspen’s small town
character.
Council direction includes align floor area ratios with revised building heights and use priorities, reduce
building heights in CC, C1, MU and NC, and right size commercial development.
What we heard includes maintain Aspen’s historic character. Public favors small to medium size
buildings. Right size of commercial development.
Proposed policies include reduce building heights. 28 foot max on both sides of street. No dimensional
bonuses for specific uses and maintain 35 foot maximum in SCI zone.
Reduce maximum floor area ratios. Match adjusted building height maximums. Provide for appropriate
scale development. Allow for development of second tier spaces.
Update internal floor area ratios to reflect desired uses. FAR allowances for individual use types.
Remove floor area allowances for undesirable uses.
Councilman Frisch said he supports where we are going with this. A lot of this started when I was
walking down the mall and I thought 28 feet may not be appropriate. In an ideal world, it would be great
if it didn’t get any taller.
Councilman Myrin said it is a great idea to have the code FAR numbers align with the rest of the code
numbers. He would support exploring Adam’s suggestion of the common height pattern on the malls.
Regular Meeting Aspen City Council October 24, 2016
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Councilwoman Mullins would suggest two stories. Ms. Garrow said the commercial design standards
have HPC support for a minimum one foot variation between buildings. If everything is limited to 28 feet
than everything becomes 28 feet. P&Z likes the range of 28 to 32. We see everyone designing to the
higher number. Councilwoman Mullins said the variation is important.
Mayor Skadron agree as well.
Councilman Frisch said if we picked 28 to 29. I support we don’t want to have a completely uniform
height. Is there a way to pick a single number but reference the adjacent buildings. Ms. Garrow replied
yes. Staff and Council are aligned that one number makes sense but there might want to be some tiny
flexibility there.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Ms. Garrow suggested including a sentence to explore a common height pattern on the pedestrian malls.
Councilman Frisch said a lot of the buildings are below 28 feet. Ms. Garrow said there are some projects
in the pipeline that are higher than that. Councilman Frisch asked if we can get in the discussion that the
mall is ok to have a lower maximum height. I think for some places in town 28 feet is too tall.
Councilman Myrin said it may be cleaner to do it this way than with a view plane.
Ms. Garrow suggested a motion to approve with the amendments. There will be a November second
work session for a site visit for the view planes.
Councilman Frisch moved to adopt Resolution #147, Series of 20106 with amendments; seconded by
Councilwoman Mullins.
Councilman Myrin said this includes direction outside the five zones including mobility. This includes
view planes. Is this sufficient to deliver what we desire. Ms. Garrow said we work with technical
stakeholders who have provided feedback, particularly on the parking piece.
All in favor, motion carried.
Councilman Frisch moved to adjourn at 10:10 p.m.; seconded by Councilman Myrin. All in favor,
motion carried.
Linda Manning, City Clerk