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HomeMy WebLinkAboutminutes.council.20040525Regular Meeting Aspen City Council May 25, 2004 PROCLAMATION - Month of the Young Child ................................................. 2 CITIZEN PARTICIPATION ...................................................................................... 3 COUNCILMEMBER COMMENTS ........................................................................ 5 CONSENT CALENDAR · Wheeler Board Appointment - J.P. Malaty ............................................................ 6 · Minutes - May 4, 10, 2004 ....................................................................... . .............. 6 · Resolution #47, 2004- Asphalt Contract ............................................................... 6 BURLINGAME DEVELOPMENT EVALUATION COMMITTEE MEMBER RECOMMENDATIONS ........................................................................ 6 RESOLUTION #50 2004 - Downtown Catalyst Contract with the ACRA ... 6 FIRST READING OF ORDINANCES .......................................................... . ......... 7 · Ordinance #16, 2004 - South and Gibson Subdivisions ......................................... 7 · Ordinance #17, 2004 - McGarvey Subdivision ...................................................... 7 · Ordinance #18, 2004 - Obermeyer Place COWOP Amendment ........................... 7 · Ordinance #19, 2004 Code Amendment - Tree Removal Permits ...................... 7 · Ordinance #20, 2004 - Adopting International Fire Code ..................................... 7 RESOLUTION #48, SERIES OF 2004 - Aspen Highlands Village & Moore PUD Finding of Substantial Compliance of Subdivision Approval .................. 9 ORDINANCE #14, SERIES OF 2004 - Supplemental Appropriation ......... 12 ORDINANCE #15, SERIES OF 2004 Parking Garage Certifications of Participation ................................................................................................................... 13 FUNDING MALL IMPROVEMENTS ............................................................... 13 RESOLUTION #49, SERIES OF 2004 - Temporary Sandwich Board in the Public Rights-of-way .................................................................................................. 14 RESOLUTION #51, SERIES OF 2004 Appointment of Ted Gardenswartz as Temporary Municipal Judge ................................................................................ 15 Regular Meeting Aspen City Council May 25, 2004 ASPEN PUBLIC FACILITIES MEETING President Helen Klanderud called the meeting to order at 5:00 p.m. with members Richards, Torre, Semrau, Paulson, and Menter present. Koch was excused. Christine Lay, Kutak Rock, told Council this resolution authorizes the refinancing of certificates of participation. The original financing for the parking facility was issued in 1989, and refinanced in 1995. This transaction will refinance the 1995 certificates. The financing structure is such that the properties owned by the city Will be leased to the public facility authority and the authority leases the property back to the city. The city makes lease payments, which are accumulated by a trustee and used to make payments on the COPs. There is a ground lease where the city leases the property to the authority; the lease purchase agreement where the city makes the lease payment. These payments are subject to annual appropriation. There is a mortgage on the property. Ms. Lay went over all the documents necessary including approving Menter as the treasurer of the corporation. When the underwriter gets the best possible price, Menter can approve or disapprove that and execute the documents. Menter told Council interest rates have gone up in the last 6 months, which is eroding the savings from this refunding. Menter said he would like permission to move forward if there are savings. Richards moved to approve the resolution for the Aspen Public Facilities Board for the certificates of participation; seconded by Semrau. All in favor, motion carried. Semrau moved to adjourn at 5': 15 p.m.; seconded by Paulson. All in favor, motion carried. ASPEN CITY COUNCIL MEETING Mayor Klanderud called the meeting to order at 5:15 with Councilmembers Paulson, Semrau, Torte and Richards present. PROCLAMATION - Month of the Young Child Mayor Klanderud and Council proclaimed May as the Month of the Young Child, extended thanks and appreciation to all who care for the youngest 2 Regular Meeting Aspen City Council May 25~ 2004 citizens and encouraged community involvement to recognize and support the needs of young children. Mayor Klanderud presented the proclamation to Shirley Ritter, Kids First director. Ms. Ritter presented pictures from the Kids First parade held earlier this' month. CITIZEN PARTICIPATION 1. John Cooper, Hyman Avenue Holdings applicant for Park Place, read a letter regarding the Park Place application and the initiative petition. Cooper said they were told they could get the PUD ordinance on the ballot through the initiative process and were given a petition by staff and were told the city attorney reviewed this. The applicants thought they had a proper document. Cooper said the city attorney reviewed the petition and also authored the opinion, which served as the hearing offi'cer's basis to deny the petition as legally insufficient. Cooper stated state law requires that courts liberally construe initiative petitions in order to allow citizens to exercise their constitutional rights. Cooper said a petition should be considered correct unless the overall matter was not legislative. Cooper said people signed a petition for parking; not that there was 4,000 square feet of GMQS space or that 4.75 employees are being mitigated. The question is "do you support more parking in downtown". That issue is legislative and subject to initiative. Cooper said the voters spoke but their voices are not being heard. The Council has the power to put this on the ballot and Cooper requested Council put this on the November election. David Hoefer, assistant city attorney, said state law is clear that when a protest is granted, as was this case, the recourse is for the petitioners to file in District Court. The applicants have 30 days in which to do this, which is still running. Hoet'er suggested other remedies are to file a new land use application and go through the process or to circulate a new petition. Hoefer said Council does not have the authority to override the judicial process. Councilman Semrau said it is within Council's purview to have a non- binding question on the election. Mayor Klanderud noted this was a land use issue, which Council denied. A petition was taken out and filed, and a protest was filed. Mayor Klanderud said putting this issue on a ballot as a non-binding question seems to be misleading. Mayor Klanderud pointed out the people who filed the protest have some reliance on that finding. If this issue goes to court, the protestors have an opportunity to file their position. Mayor Klanderud stated she is not in favor of putting this on a ballot; Regular Meeting Aspen City Council May 25~ 2004 however, if a majority of Council wants to put this on the ballot, it should be a regularly scheduled Council item. Councilwoman Richards said she is not inclined to put this on the ballot. Councilwoman Richards said she feels it would be more valuable for the applications to go through the land use process and answer the issues raised by Council at that time, like removing the top floor. Councilman Paulson agreed this application should be resubmitted so that People know what they are voting for. Councilman Torre noted there are 3 valid options for the applicant. Councilman Semrau said if the applicants re-petition and go through the entire process, the city may get a project no one wants. Councilman Semrau said if the Council puts this on the ballot, they can help in wording the issue. Councilwoman Richards said she feels the cleanest method would be to re-submit a land use application. Four Council members agreed they are not interested in putting this on the ballot. 2. Tom McCabe noted the city installed an archery range on Cozy Point. This archery range has been getting more use. McCabe requested Council work with the county to sign the archery range to help people find this and also that the recreation department mention this facility. McCabe said some of the permitted and conditional uses allowed in the land use code are not up-to-date. McCabe suggested these be reviewed every 5 years to make sure they are applicable. 3. Si Coleman stated the Patriot Act has a number of constitutional abuses and the city attorney has agreed to draft a resolution for Council's consideration. 4. Toni Kronberg asked when the Civic Master Plan committee will meet again. Mayor Klanderud announced it is scheduled June 2nd. M s. Kronberg pointed out P&Z denied the request for police parking on the library plaza. Ms. Kronberg said the Fire Department will make a decision in the next several months on whether to move to the Zupancis property. Ms. Kronberg requested that the fire, police, sheriff and ambulance have a joint planning session to address the needs of these groups. Ms. Kronberg said the Vietnam Wall at the Rio Grande park exceeded everyone's expectations. Ms. Kronberg said the organizers of this event had to go into 4 Regular Meeting Aspen City Council May 25, 2004 their own pockets to fund this event. Ms. Kronberg requested Council find some money to donate to the group of organizers. COUNCILMEMBER COMMENTS 1. Mayor Klanderud thanked John Hoepfer for his vision in bringing the Vietnam Wall to Aspen. Mayor Klanderud also thanked Nancy Lesley for putting on thebicycle criterium, which was a great event. Councilman Paulson, too, agreed the criterium was wonderful and he hopes it will become an annual event. Councilman Torre concurred both the Wall and the criterium were great events. Councilwoman Richards agreed the Wall was very moving. 2. Councilwoman Richards noted there are 2 major construction projects near the Rio Grande park and she would like to make sure the traffic will flow smoothly, especially with Food & Wine and Jazz Aspen upcoming. 3. Steve Barwick, city manager, requested Resolution #51, appointing Ted Gardenswartz as temporary municipal judge for the purpose of officiating at a marriage, be added to the consent agenda. Barwick pointed out there is a change in the proposed ACRA contract. Steve Barwick introduced Lisa Baker, the downtown catalyst. 4. Councilman Torre reported the NW Colorado Council of Government meeting is Thursday at 10 a.m. as well as the Rural Resort meeting at noon, both at the health and human services building. CONSENT CALENDAR Councilman Semrau pulled Burlingame Development Evaluation Committee Member Recommendations off the calendar. Mayor Klanderud pulled Resolution #50, Downtown Catalyst Contract off the agenda. Councilwoman Richards moved to approve the consent calendar as amended; seconded by Councilman Torre. Mayor Klanderud asked if the paving of Mill street will be coordinated with the Obermeyer construction. Jerry Nye, streets department, said this will be coordinated. The consent calendar is: Regular Meetin~ Aspen City Council May 25~ 2004 · Wheeler Board Appointment J.P. Malaty · Minutes - May 4, 10, 2004 · Resolution #47, 2004 Asphalt Contract All in favor, motion carded. BURLINGAME DEVELOPMENT EVALUATION COMMITTEE MEMBER RECOMMENDATIONS Councilman Semrau reminded Council the original plan was to have a selection committee choose the 3 to 5 finalists, then later a committee of design professionals would make the final recommendation to Council. Councilman Semrau said it was difficult to find design professionals for the last step so this committee will both select and recommend. Councilman Semrau told Council he contacted Peter Gluck and he is willing to sit on this committee. Gluck is a nationally known architect and is not competing in this deSign competition. Mayor Klanderud suggested the committee also include a woman and suggested Pamela Cunningham. Council agreed. Councilman Torre moved to approve the Burlingame Development Evaluation Committee as amended; seconded by Councilwoman Richards. All in favor, motion carded. RESOLUTION #50 2004 - Downtown Catalyst Contract with the ACRA Mayor Klanderud said there seem to be too many masters; City Council, ACRA Board, CCLC, an executive committee and the downtown catalyst advisory board. Steve Barwick, city manager, said Council is to set up the advisory board and this could be eliminated as it has not been set up yet. Councilman Semrau said the downtown catalyst reports to the executive committee, which will take input from the advisory board and from ACRA. Councilwoman Richards suggested the executive committee, made up of the city manager, ACRA president and CCLC representative, meet with the advisory board for input and not have to have the catalyst go through the advisory meetings. The executive committee will set up the advisory board. Councilman Semrau moved to approve the Downtown Catalyst Contract, Resolution #50, and amending it by deleting "additional" in 1 (c); 1 (d) "to provide input and guidance to the executive committee: and 3(a) the Regular Meeting Aspen City, Council May 25, 2004 executive committee shall appoint the members; seconded by Councilman Torre. All in favor, motion carded. FIRST READING OF ORDINANCES · Ordinance #16, 2004- SOuth and Gibson Subdivisions · Ordinance # 17, 2004 - McGarvey Subdivision · Ordinance gl 8, 2004 - Obermeyer-Place COWOP Amendment · Ordinance #19, 2004 - Code Amendment Tree Removal Permits · Ordinance #20, 2004 - Adopting International Fire Code Councilman Torre moved to read Ordinances 16, 17, 18, 19, and 20, Series of 2004; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE NO. 16 (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION FOR THE SOUTH AND GIBSON SUBDIVISION, LOCATED AT 805 SOUTH AVENUE, LEGALLY DESCRIBED'IN ATTACHED EXHIBIT 1, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 17 (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION FOR THE PROPERTY AT 433 WEST BLEEKER STREET, LEGALLY DESCRIBED AS LOT 1 STRANDBERG LOT SPLIT A/K/A LOTS A-D & W ½ LOT E, BLOCK 37, TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 18 (SERIES OF 2004) 7 Regular Meeting Aspen City Council May 25~ 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AN AMENDMENT TO THE FINAL LAND USE APPROVALS AND GRANTING A DEVELOPMENT ORDER FOR THE AMENDED OBERMEYER PLACE COWOP PROJECT, ON LANDS DESCRIBED HEREIN IN THE VICINITY OF THE 500 AND 600 BLOCKS OF EAST BLEEKER STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 19 (Series of 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 13 OF THE ASPEN MUNICIPAL CODE BY REPEALING CHAPTER 13.20, TREE REMOVAL PERMIT, AND ADOPTING A NEW CHAPTER 13.20 TO ENACT AMENDED TREE REMOVAL PERMIT REGULATIONS FOR THE CITY OF ASPEN TO PROHIBIT THE REMOVAL OF TREES WITHOUT A PERMIT, AND ESTABLISHING PENALTIES FOR VIOLATIONS THEREOF ORDINANCE NO. 20 (Series of 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS 11.04.020 AND 11.04.030 OF THE ASPEN MUNICIPAL CODE, ADOPTING BY REFERENCE THE INTERNATIONAL FIRE CODE,' 2003 EDITION, AMENDING CERTAIN SECTIONS OF SAID CODE, AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH. Councilman Paulson moved to adopt Ordinances #16, 17, 18, 19, and 20, Series of 2004; seconded by Councilman Semrau. Councilwoman Richards said for second reading on Obermeyer place she would like to see a list of minor amendments approved by the community development director since the original approval. Councilwoman Richards said she would like to know how this amended project is achieving the original goals. Councilwoman Richards said she would like to know more about the GMQS exemption granted by the community development director and what is the history of granting these. Regular Meeting Aspen Ci,ty Council May 25, 2004 Roll call vote; Councilmembers Richards, yes; Torre, yes; Semrau, yes; Paulson, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #48~ SERIES OF 2004 - Aspen Highlands Village & Moore PUD Finding of Substantial Compliance of Subdivision Approval Sarah Oates, community development department, presented a letter from a homeowner listing problems they have with the infrastructure. Ms. Oates said most of the departments involved in making sure the conditions of approval are met have signed off on those requirements. The major issue was the dial-a-ride transportation plato Both Subdivision Improvement Agreements are specific on how the dial-a-ride would operate. The applicant worked with the transportation department to come up with a plan that satisfied the condition and meets the needs of the residents. The only other issue is the housing authority's findings regarding mitigation. John Krueger, transportation department, told Council the transportation requirements are in substantial compliance with the Agreements for Highlands and Moore. Staff supports Council making a finding of substantial compliance. Krueger reminded Council the projects were approved before being annexed into the city. After the annexation, city staff worked with the applicants to review the varied requirements in all the approval documents. Everyone has worked toward meeting the transportation goals envisioned during the approval process to reduce the automobile traffic generated by these developments. Krueger told Council the applicants felt the transportation plan did not allow for service to meet the needs of residents and guests. Staff worked with the applicant to try and meet the intent of the dial-a-ride condition and meet the needs of the applicants and the residents. Krueger said the system {n place operates 365 days/year and is a response/demand type of dial-a-ride. It will be sustained and funded in the future. The Aspen Highlands Metro district will manage the transportation. Councilwoman Richards asked what does funded in the future mean. Krueger said there are provisions to allow the Metro district to request changes in the level of transportation if warranted. Councilwoman Richards asked what recourse the city would have if the metro district said they were not providing dial-a-ride anymore. Is there an ability for the city to enforce the minimum level of service. Julie Ann Woods, community development department, said this would require a PUD amendment. Bob Daniel, representing Highlands, told Council the 9 Regular Meeting Aspen City, Council May 25~ 2004 modifications to the transportation plan are to meet current operating needs. Daniel said they do not change any relationships between the applicant and the government. Daniel reminded Council this was part of an annexation agreement and a court decision. Mayor Klanderud asked about the issues raised in letters from Timothy Reed and John McCormick. Daniel said Hines Highlands is aware of these issues and the issues are not a part of the Subdivision Improvement Agreement. Staff has found conformance with the SIA relating to roads, utilities, transportation, improvements to Maroon Creek road and Highway 82 intersection. Councilman Semrau said it seems the issues raised in Reed's letter are warranty issues. The issues raised by McCormick may be covered in the SIA. Ms. Oates told Council the county engineering department signed off on the infrastructure plat with a finding of compliance on what was to be built. Ms. Oates said this is in litigation and staff feels it should remain a civil matter. Ms. Woods agreed this has been an on-going issue with McCormick and the developer and does not have to do with the subdivision improvement agreement. Councilwoman Richards said she has concerns about Reed's letter and the safety concern for'the front yard and the proximity of the buses. Councilwoman Richards said putting fencing to keep children from spilling into the busway seems to be warranted for safety reasons. Councilwoman Richards noted this is modifying down the service requirements of the dial- ' a-ride system to meet actual needs and what is appropriate. It would be proper to see a fence installed for safety purposes because of the increased bus service and the dial-a-rides. Councilwoman Richards said there has to be some assistanCe for the people who purchased affordable housing and have had on-going problems. Someone has to take responsibility for the battles with the builders who produced a faulty product. Councilwoman Richards said perhaps the Commissioners should be asked if they are satisfied that the employee housing they accepted as mitigation was completed. Mayor Klanderud opened the public hearing. Erica Down, homeowner at Highlands, told Council the homeowners continue to have construction issues. There was a major flood from pipes that burst, there was no heat, there are crumbling concrete on the sidewalks. Ms. Down pointed out the costs for the original dial-a-ride service would be 10 Regular Meeting Aspen City Council May 25~ 2004 passed on to the homeowners. Jeffrey Halferty, 199 Prospector, told Council said they are happy to have a unit at Highlands; however, there have been some deficiencies in the building. Halferty said the contractor is responsible and they need Council's help to get these issues resolved. Rick Jones, adjacent property owner, asked what the original commitment was and what is the substitute. Krueger said the original dial-a-ride program was part of the county-approved Subdivision Agreement. This required a fixed route system from Highlands to town and Highlands to the airport. The agreement required the developer to purChase vans, to operate the system, and to have a dispatcher. Krueger said during the process, the applicants felt they had a better product to accomplish the same ends. This is a demand/response dial-a-ride program providing the same level of service 365 years at 20 hours/day. Krueger said staff feels this proposal better meetS the need of Highlands than what was originally included in the SIA. Krueger pointed out a fixed route system is actually adding vehicles by having transportation when there may not be a demand. A demand system will put Vehicles on the road when there is a need for them. Jones said there is a huge amount of traffic pressure on Maroon Creek road. Highlands is not fully built out. Jones said Council should rrot sign off on this until the project is completed. Krueger pointed out Highlands has complied with all other transportation requirements. The reason for discussion of the dial-a- ride is the difference between what was approved in 1997 and what is needed in 2004. Gary Beach, Aspen Highlands, said there are about 14 townhomes not constructed; however, the bulk of the population is already living at Highlands. Beach told Council Highlands reports on a quarterly basis all traffic, vehicles, cars, and bus numbers. Beach said during peak periods of the year, there are 9 buses/hour on a fixed schedule. Beach said this program is flexible and can be stepped up if the demand is there. Beach said use of the current dial-a-ride program is increasing monthly. Mayor Klanderud closed the public heating. Councilman Paulson asked how the homeowners concerns are being addressed. Mayor Klanderud said the SIA does not govern the concerns of the homeowners. Mayor Klanderud suggested Council first deal with the items that are in substantial compliance with the subdivision agreement. Mayor Klanderud said Council can then discuss how to assist the 11 Regular Meeting Aspen City Council May 25, 2004 homeowners. Councilwoman Richards said if Council signs off on this request, any future discussions will be meaningless. Councilman Semrau asked if Council has the ability to tie the SIA to warranty issues. David Hoefer, assistant city attorney, stated these are 2 separate issues and need to be treated separately. Councilwoman Richards said the city should try to make sure the developer takes care of the homeowners' issues. Councilwoman Richards suggested this be continued so that the representative of Hines can present a letter on how they plan to resolve these issues. Councilman Semrau asked the status of the warranty issues. Daniel said all the warranties were assigned to the homeowners pursuant to the contract. The developer has no warranty with the general contractor. The warranties are between the homeowners and the general contractor. Councilman Torre moved to continue Resolution #48, Series of 2004, to June 14, 2004; seconded by Councilman Paulson. Council requested for the next discussion a letter from the developers and a letter from the homeowners on the status of the claims and how they will be resolved. Daniel said he cannot address any issues in negotiation or in litigation. Councilwoman Richards requested staff contact the homeowners to see where they are in resolving their issues. Councilwoman Richards said she would also like a report on how well the dial-a-ride is being advertised to employees of the single-family residences. Daniel said the dial-a-ride is for the residents and guests of the community. Council agreed the issues are with affordable housing buildings, not McCormick. Daniel said for the continued meeting he will provide a written response to the issues raised in Tim Reed's letter. Daniel will meet With representatives of the homeowners association, will conduct a walk through of the property and will provide an update of the issues. Councilman Semrau requested information on issues outside the purview of the developer and what the recourse might be on those issues. All in favor, with the exception of Mayor Klanderud. Motion carried ORDINANCE #14~ SERIES OF 2004 - Supplemental Appropriation Paul Menter, finance director, told Council this ordinance approves carry forward for funds other than the general fund. The ordinance also contains about $1.3 million in supplemental requests. 12 Re[[ular Meetin~ Aspen City Council May 25~ 2004 Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Ordinance #14, Series of 2004, on second reading; seconded by Councilman Semrau. Councilwoman Richards said for the long range planning on the Wheeler improvements, she Would like to see a plan for bringing all the groups together so they can share ideas and enthusiasm for the program. Councilwoman Richards asked the status of marketing and booking more live performances at the Wheeler. Nida Tautvydas, Wheeler Opera House, told Council they are Working with the Arts Commission and formalizing plans; however, it is too late for this summer. They are working on on-the- spot collaborations. Roll call vote; Councilmembers Torre, yes; Semrau, yes; Paulson, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #15, SERIES OF 2004 - Parking Garage Certifications of Participation Paul Menter, finance director, said because there is a lease between the city and the public facilities authOrity, approval is required by ordinanCe of Council and by resolution of the public facility Board. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Paulson asked if the pay off date of the garage remains the same. Menter said the date remains the same; the payments will be lower. Councilman Torre moved to adopt Ordinance # 15, Series of 2004, on second reading; seconded by Councilman Semrau. Roll call vote; Councilmembers Semrau, yes;. Paulson, yes; Torre, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. FUNDING MALL IMPROVEMENTS 13 Regular Meeting Aspen Ci,ty Counci, l 'May 25, 2004 Steve Barwick, city manager, requested up to $16,000 to purchase tables, chairs, flowers and flower pots to be put on the mall. Barwick said the locations will be various and will be changed. The groupings are 2 to 5 tables in the more obvious locations but not in the middle section of the mall because of fire access. Barwick said this is an experiment to see where people will use the tables and chairs. Barwick told Council staff is working on other loosening of regulations in the doWntown. Councilman Semrau said he supports this and cautioned not to lose site of the focus of increasing dwell time and tourist activities in the winter. Councilman Semrau noted the peak of summer is already busy. Barwick said staff is looking at hiring a designer to create dwell time for a more permanent plan for changes to the downtown. Councilwoman Richards supports the request and suggested staff review the DEPP plan on kiosks as well as a location for a community bulletin board. Mayor Klanderud agreed she would like to give this a chance. Councilman Torre said he feels the furniture should be locked down at night. Council agreed to proceed with 2/3 of the money from the general fund and 1/3 from parks fund. RESOLUTION//4'9, SERIES OF 2004 ~Temporary Sandwich B°ardin the Public Rights-of-way Sarah Oates, community development department, presented suggestions from staff on design standards. Ms. Oates told Council when the downtown catalyst went around to businesses, a repeated request was sandwich boards on which to put daily specials. The city's land use code prohibits sandwich boards signs as well as signs being located in the public right-of-way. Ms. Oates said this resolution requests a 3-month trial basis to allow sandwich board on the public right-of-way. Ms. Oates noted this only applies to retail or restaurants. The businesses need to apply for a free permit in order for staff to make sure there is proper clearance as well as to present liability coverage. Councilman Semrau said he would approve this temporarily pending permanent sign code changes. Councilman Semrau said he would not like these types of signs to become a substitute for permanent upgrades. Steve Barwick, city manager, noted there is nothing in this resolution regarding construction quality and he would like to see that addressed. Councilman Semrau requested the chalkboard and dry erase boards be deleted. Barwick said these should be allowed for restaurants for their daily sPecials. Barwick agreed this is an experiment and staff will monitor this .to 14 Regular Meeting Aspen City Council May 25~ 2004 see if it becomes too many. Councilman Paulson asked where these wilf be allowed. Ms. Oates said only in the CL and CC and the North of Nell. Councilman Paulson said he is concerned about the signs taking up too much of the sidewalk and impeding pedestrian traffic. Barwick pointed out. for the regulation changes, staff is recommending the sidewalks Will have at least 6 feet of clear zone for walking and the malls will have 8 feet. Councilman Semrau moved to approve Resolution #49, Series of 2004; seconded by Councilman Torre. All in favor, motion carded. RESOLUTION #51, SERIES OF 2004 Appointment of Ted Gardenswartz as Temporary Municipal Judge Councilman Semrau moved to approve Resolution #51, Series of 2004; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to adjourn at 8:05 p.m.; seconded by Councilman Semrau. All in favor, motion carried. ? Kath~ ~. 15