HomeMy WebLinkAboutminutes.council.20170925Regular Meeting Aspen City Council September 25, 2017
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SCHEDULED PUBLIC APPEARANCES – Indigenous Peoples Day discussion ...................................... 2
CITIZEN COMMENTS ............................................................................................................................... 2
COUNCIL COMMENTS ............................................................................................................................. 3
AGENDA DELETIONS AND ADDITIONS .............................................................................................. 3
BOARD REPORTS ...................................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #123, Series of 2017 – Contract for New Year’s Eve Fireworks ....................................... 4
Resolution #120, Series of 2017 – HVAC Yellow Brick ..................................................................... 4
Resolution #110, Series of 2017 – Mill Street and Main Street Intersection Improvements ................ 4
Resolution #131, Series of 2017 – Marolt Trail Asphalt Overlay ........................................................ 4
Resolution #129 and #130, Series of 2017 – Cozy Point Ranch Lease Extension with Cozy Point
Ranch, LLC and AspenTREE ....................................................................................................................... 4
Resolution #128, Series of 2017 – Compact of Colorado Communities membership.......................... 4
Minutes – September 11, 2017 ............................................................................................................. 4
ORDINANCE #24, SERIES OF 2017 .......................................................................................................... 4
ORDINANCE #24, SERIES OF 2016 – 119 Neale Avenue Transferable Development Rights ................. 5
RESOLUTION #126, SERIES OF 2017 – Policy Resolution – Post-Moratorium Clean-Up Ordinance .... 6
ORDINANCE #23, SERIES OF 2017 – Post-Moratorium Clean-Up Code Amendment ............................ 6
CALL UP - HPCs approval of Conceptual Major Development, Demolition, Relocation, Floor Area
Bonus, Setback and Residential Design Standards Variations for 209 East Bleeker, HPC Resolution #17,
Series of 2017. .............................................................................................................................................. 7
Regular Meeting Aspen City Council September 25, 2017
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Myrin, Frisch,
Hauenstein and Mullins present.
SCHEDULED PUBLIC APPEARANCES – Indigenous Peoples Day discussion
Roland McCook and Deanne Vitrac-Kessler, member of Northern Ute Tribe, came to discuss Columbus
Day. It was officially designated as a holiday in 1937. It concerns Native Americans across the country
that we celebrate a holiday to a person that has caused us great pain. It is a reminder of how we were
treated. They asked Council to consider a change to abolish Columbus Day celebrations and replace it
with Indigenous Peoples Day. It is not out of reason to do this. Ms. Vitrac-Kessler said they would like
to see a resolution as soon as possible.
Councilman Myrin stated this is something we are following the lead on of a number of places,
Minneapolis, Denver, Durango, Boulder. It is important for the city to recognize. The state is working on
this. He thinks it is time.
Councilwoman Mullins thanked them for bringing this forward. She is supportive of this. She was in
Denver when they made the change. One concern is how we get public feedback on this in the next two
weeks.
Councilman Hauenstein said he supports a resolution to recognize the indigenous people instead of
celebrating the bringer of genocide. Forgiveness is important.
Councilman Frisch said he is supportive of the general sentiment of Council. He is not sure what the
legal issues of this are and if it can be done in a timely manner for October 9th.
Jim True, city attorney, said we don’t recognize Columbus Day as a holiday in the City of Aspen. We
can proclaim that day whatever Council wishes. Councilman Frisch asked when it comes to publication
of city calendars it will show a change. Mr. True said he does not know what calendars are published
other than the online one and it does not have Columbus Day.
Councilman Myrin said the resolutions from other communities show unanimous support but in St. Paul
they changed it to state the US Government and State government also recognize Columbus Day on that
date. They are recognizing the change as well as the federal and state holiday.
Mayor Skadron said it would be an opportunity for the community to celebrate the history of the Ute
people.
Councilman Hauenstein said he thinks it would be good for Aspen to have a permanent display
somewhere recognizing the heritage of the Ute as well as having it included in the elementary school
curriculum.
Mayor Skadron stated we have an opportunity to honor the Ute people who lived in and nurtured the
valley and called it home long before we did. Our next step will be to write a resolution and push it
forward.
CITIZEN COMMENTS
1. Peter Fornell told the Council that 404 Park Avenue is fully approved for 28 affordable housing
units of category 3 and 4. It was approved with no variances. They have moved forward with
engineering and architectural. The building permit application has been deemed complete by the
building department. Aspen suffers the same fate for employment that the private sector faces.
Departments are overwhelmed right now. If we believe affordable housing is a priority for us and
Regular Meeting Aspen City Council September 25, 2017
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deserves priority in its administration, he is asking for support to go to the private sector for plans
review. He would like to get a permit and move forward in the spring. Without this review, he
does not think he will accomplish that. It will be lifting the burden of a pretty good size project
off the city onto a place we can rely on and move the project forward.
2. Bob Morris, Aspen Mountain Lodge, said in July he noticed that the line at big wrap went out to
the sidewalk, same for spring café. His own lodge numbers were incredible. The same for
August and they were up in September. He received an email from Bill Tomscish about August
2017 stating July occupancy was 1.1 percent below last year. It also predicted a 4.4 percent drop
in August. This rang false. He called Bill and talked to him. He thinks there is an error in the
reported occupancies. Airbnb and VRBO are supplying a tremendous amount of rooms and don’t
have a business license and aren’t paying taxes. This should be a real concern to the city and the
city should enforce the law where these units are paying taxes. It also gives a misconception as to
the utilization of the resort.
COUNCIL COMMENTS
Councilman Hauenstein said there is snow up high and the leaves are changing. Enjoy this town.
Councilman Frisch said on VRBO, we first addressed this a few years ago. The two concerns at the start
were turning residential areas into lodging. It has worked out better than expected. Those that have
stayed have been respectful. What was underappreciated at the time was the crowding out of the housing
stock. We are better insulated than other communities but it is still a concern. It is worth a work session
at some point. It will come down to community values and how hard we want to crack down. It is not
just the resort towns trying to get a handle on this.
Councilman Myrin said on lodging there is something to be said for the city getting more revenue to do
more advertising to bring in more people to get more money. It is a vicious cycle. We need to know more
about the affordable housing deed restriction exclusion. Peter has spoken about the alley between the
library and community bank. Carolyn Sackariason lives there and took a photo of the bears turning over
the trash cans. It seems like there is community support for the City to get involved in doing something
with the County trash.
Mayor Skadron said Hockey Mountain High is coming to town as well as Film Fest. The farmers market
is around for a few more Saturdays.
AGENDA DELETIONS AND ADDITIONS
Item 6F – Resolutions 124 and 125 for bond counsel and underwriter services will be back in two weeks.
BOARD REPORTS
Councilwoman Mullins said the Board of Health met. They public health director is fairly new and they
are working on county and regional priorities.
CONSENT CALENDAR
Reso 110 – Mill and Main intersection improvements
Councilman Myrin asked what the bike box is.
Pete Rice, Justin Forman Trish Aragon, engineering. Mr. Rice said it is a way to get bikes out of the right
lane to turn. It will be paint with a sensor on a pole. Cars stop a few feet behind the box. Councilman
Myrin said the sensor is on the lamp pole with nothing in the way of the car. Councilman Frisch said the
quandary is people bike on the right and if they are not turning right at what point do you bring them
Regular Meeting Aspen City Council September 25, 2017
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over. Ms. Aragon said they are changing the lane from a through and right lane to a right turn only lane.
Councilman Myrin said we are not the first to try this. Mr. Forman replied Buena Vista, Durango and
Denver all have this. Councilman Myrin asked if there was only one bid. Mr. Rice said we sole sourced
this because of the work on the Jerome to jump on their right of way permits. He said he did call the
other company and they said they would bid higher due to time constraints.
Reso 131 Marolt trail asphalt overlay
Councilman Myrin asked if there were other bids.
Brian Long, parks, replied there was only a single bid.
Councilman Frisch asked if there is substantial money to be saved by waiting a year. We are trying to get
away from asphalt, is there anything else out there that may work better for the environment. Mr. Long
said we are on the hunt for a product like that. To have the durability for our winter snow removal is a
big ask. For now, asphalt is available and plows well. Austin Weiss, parks, stated we are eager to find
other alternatives and are searching for them.
Reso 128 Compact of Colorado Communities
Ashley Perl, environmental health, stated this is the cumulation of two years’ work that began with the
Mayor. We brought over 100 people here last May to kick off the compact of Colorado communities
with over 30 entities working together to take climate action.
Councilwoman Mullins said there are 9 commitments that Aspen has made. Where are we. Ms. Perl
replied we are on track to meet all and have achieved 4 of them. There does need to be a Council
representative for the Compact. Councilman Frisch stated he would do it. We will add to the board
appointments – Councilman Frisch to Compact of Colorado Communities.
Councilman Myrin said we need to talk about the housing frontiers board. Councilman Frisch said he
would be honored and happy if that could be part of the APCHA work session later this year.
• Resolution #123, Series of 2017 – Contract for New Year’s Eve Fireworks
• Resolution #120, Series of 2017 – HVAC Yellow Brick
• Resolution #110, Series of 2017 – Mill Street and Main Street Intersection Improvements
• Resolution #131, Series of 2017 – Marolt Trail Asphalt Overlay
• Resolution #129 and #130, Series of 2017 – Cozy Point Ranch Lease Extension with Cozy Point
Ranch, LLC and AspenTREE
• Resolution #128, Series of 2017 – Compact of Colorado Communities membership
• Minutes – September 11, 2017
Councilwoman Mullins moved to adopt the consent calendar; seconded by Councilman Hauenstein. All
in favor, motion carried.
ORDINANCE #24, SERIES OF 2017 – Code Amendment Section 23.04.010 – Definitions for the
Sales Tax Code Don Taylor, finance, introduced Anthony Lewin, sales tax auditor. Mr. Lewin stated
currently CML has undertaken this project. The goal is to update standardized definitions. The last time
was in 1992 and we adopted it then. This is the result. 16 municipalities and towns that have adopted this
including Denver and Wheat Ridge. CML has hoped to have 25 by the end of the year.
Councilman Myrin asked if all can be adopted without any difference in tax treatment by the local
businesses. Mr. Lewin replied exactly. The goal is to create the definitions without any taxation effects
and to better define key phrases. Example – telecommunication services. 1n 1992 VOIP was not
invented. Today, all technology relies on this.
Mayor Skadron said we are simply clarifying simple tax practices. No new taxes will be created.
Regular Meeting Aspen City Council September 25, 2017
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Councilwoman Mullins said because we are a home rule city we have flexibility as to how we define
these. Is this standardizing terminology between home rule. Mr. Lewin stated there are lots of businesses
that do business across the state and it will make it easier for multi-jurisdiction ones to do business.
Councilwoman Mullins moved to read Ordinance #24, Series of 2017; seconded by Councilman Frisch.
All in favor, motion carried.
ORDINANCE NO. 24
SERIES OF 2017
AN ORDINANCE AMENDING SECTION 23.04.010 OF THE CITY OF ASPEN MUNICIPAL CODE
PERTAINING TO SALES AND USE TAX DEFINITIONS.
Councilman Hauenstein moved to adopt Ordinance #24, Series of 2017 on first reading; seconded by
Councilman Frisch. Roll call vote. Councilmembers Hauenstein, yes; Myrin, yes; Frisch, yes; Mullins,
yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #24, SERIES OF 2016 – 119 Neale Avenue Transferable Development Rights
Amy Simon, community development, stated the request is for approval to establish 3 TDRs. 119 Neale
was created from a historic landmark lot split. 117 Neale contains a log cabin from the 1800s. It is
permitted to sell unused development rights. It is a benefit for the owners and serves the goals of the
program. This request has been in front of Council and the planning office for two years. This ordinance
was tabled in November of 2016. Council asked staff to look into allegations that the property was not
being used as approved. Staff and the attorney’s office pursued a complaint in municipal court but the
judge found the property was being used in concert with its approvals as a single family home. The
neighbors were disputing ownership of a parcel and we redid all the calculation even if it was not
included they would be able to sever 3 TDRs. Staff is recommending approval
Councilman Frisch said if development is able to be done on site, the historic cabin would be protected.
Ms. Simon replied yes, the site with the cabin is not in question. Councilman Frisch said his preference is
to keep it on site. Ms. Simon stated it is up to Council to determine if the criteria for severing the TDRs
has been met. Councilman Frisch said his preference is the TDRs are not provided and sold off. He is
not sure the Council has the ability to do so.
Mr. True suggested he pose that question here, move forward and Ms. Simon can address that at second
reading.
Councilman Hauenstein said under background it says by right it could be a duplex but was not approved
by Council. Ms. Simon said at the time there were a number of questions on the table. Council very
specifically limited the property to a single family home even though the site would permit a duplex.
Councilwoman Mullins said her understanding to qualify is more objective than subjective. We need to
address it more specifically.
Councilman Myrin said the neighbors lose track of the meetings. Reach out to the neighbors and make
sure they are aware if they have concerns.
Councilwoman Mullins moved to read Ordinance #24, Series 2016; seconded by Councilman Frisch. All
in favor, motion carried.
ORDINANCE NO 24
SERIES OF 2016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO CREATING
THREE TRANSFERABLE DEVELOPMENT RIGHTS FROM THE PROPERTY LOCATED AT 119
NEALE AVENUE, LOT 1, BENEDICT CABIN SUBDIVISION, CITY AND TOWNSITE OF ASPEN,
COLORADO.
Regular Meeting Aspen City Council September 25, 2017
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Councilwoman Mullins moved to adopt Ordinance #24, Series of 2016 on first reading; seconded by
Councilman Hauenstein. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Hauenstein, yes;
Myrin, yes; Mayor Skadron, yes. Motion carried.
RESOLUTION #126, SERIES OF 2017 – Policy Resolution – Post-Moratorium Clean-Up Ordinance
Phillip Supino and Justin Barker, community development. Mr. Supino told the Council it is required by
code in order to do an amendment we need to do a policy resolution followed by a first reading. We have
combined those two tonight. There were 5 moratorium ordinances adopted at the beginning of the year.
This is a response to administration and implementation of the new regulations.
Outreach was an extension of the moratorium outreach. We brought up a number of these items at the
July 18, 2017 work session. Staff met with P&Z on September 5th. They were also part of the Comdev
newsletter and we did direct outreach to small lodge operators.
The policy resolution objectives are to ensure the moratorium ordinances deliver the policies identified in
the AACP and any outcomes identified by Council. Fix typographical errors, improve clarity and utility
of definitions and standard including the definition of lodge.
P&Z direction included to clarify the regulations and improve the ease of use. At the administrative level
Comdev has a design review process for minor alterations. Provide for the ongoing health and vibrancy
of the lodging sector – lodge in name only project and regulatory tools necessary to assess the
appropriateness of lodge types in different zone districts.
Mayor Skadron opened the public comment .
1. Toni Kronberg, said Section 1 objectives state the ordinances deliver the policies of the AACP
and those of council. She brought up the civic master plan. Mr. Supino said this resolution is
legally limited to the scope of Ordinance #23.
Mr. True said he disagrees that the civic master plan was not considered as part of the city office
discussion.
Mayor Skadron closed the public comment.
Councilman Myrin said thanks for working on the lodge definition and boutique lodge. On the bigger
picture policy, I want to make sure when we switch from parking to mobility, the mobility requirement is
perpetual.
Councilwoman Mullins asked why did we not have this in depth study of the lodging options while in the
moratorium. Mr. Supino replied leading up to October much of Councils’ focus was use mix in CC and
SCI. because CL and L were not included in the moratorium we did not feel we could address all the
issues uniformly. Councilwoman Mullins said for second reading she wants to make sure enough people
in the lodging community know this is coming up.
Councilwoman Mullins moved to adopt Resolution #126, series of 2017; seconded by Councilman
Hauenstein. All in favor, motion carried.
ORDINANCE #23, SERIES OF 2017 – Post-Moratorium Clean-Up Code Amendment
Mr. Supino said there are numerous small scale changes involving four categories.
Commercial design focuses on process improvement for small scale non-historic commercial structures.
P&Z and HPC support the change. Mr. Barker said it mimics the process for historic properties with a
minor scope of work, if no other land use reviews are needed.
Parking is extremely limited to coordinate zone districts with the table. It will remove all specific names
and reference all zones that are not CC or C1.
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Another change references in other places in the code where just parking will be changed to parking and
mobility.
Lodge use definitions are a response to Council direction. This is part of the relationship of free market
residential, use mix and lodge uses. It will allow a distinction between a traditional lodge and a boutique
lodge. Staff chose to take a comphrensive approach to this amendment. It will allow for more creativity
while having tighter standards as well as help to regulate lodge in name only projects. It will make a
distinguish between lodge and vacation residential units while preserving the intent and integrity of the
small lodge program. It will exempt existing small lodges from these regulations. There is a new review
process in the growth management section that triggers a P&Z and Council review if a lodge seeks to
reduce the number of lodge units. Example of the Lenado.
Zone district changes will remedy incorrect use terms and add boutique. It will also make the distinction
between general and specialty retail.
Councilman Frisch said the tidy up is lodges get some brakes that other types of commercial don’t. All the
existing lodges should be thrilled. Mr. Supino said they have been supportive in the discussions that I have
had.
Mayor Skadron said the lodges in the MU zones and the trend we are seeing, why it is happening. Mr.
Supino replied it is a combination of factors. The outcome of the moratorium, Council eliminated
residential in mixed use buildings in the MU zone. You can have a mixed use building in the MU zone.
The response was the elimination of residential in mixed use buildings. Mayor Skadron said because we
eliminated residential but still allowed lodge we are seeing applications filing under the lodge but are that
in name only. The demand for residential is so strong that it is driving the necessity for these policies.
Councilman Myrin said it reminds him of the Sandy’s building. Whatever the spaces are seem to migrate
towards the highest revenue. Our role in zoning is to push back on it and make it what we think is best for
the community. This is the right approach.
Councilman Frisch moved to read Ordinance #23, Series of 2017; seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCE NO. 23
SERIES OF 2017
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING CODE AMENDMENTS RELATED
TO LAND USE CODE SECTION 26.100.104, DEFINITIONS, SECTION 26.100.110, USE
CATEGORIES, CHAPTER 26.515, TRANSPORTATION AND PARKING MANAGEMENT,
SECTION 26.575, MISCELLANEOUS REGULATIONS, CHAPTER 26.710, ZONE DISTRICTS, AND
CHAPTER 26.470, GROWTH MANAGEMENT QUOTA SYSTEM, AND TO AMEND THE SMALL
LODGE PRESERVATION PROGRAM ESTABLISHED IN ORDINANCE 15, SERIES OF 2015.
Councilman Myrin moved to adopt Ordinance #23, Series of 2017 on first reading; seconded by
Councilwoman Mullins. Roll call vote. Councilmembers Hauenstein, yes; Myrin, yes; Mullins, yes;
Frisch, yes, Mayor Skadron, yes. Motion carried.
CALL UP - HPCs approval of Conceptual Major Development, Demolition, Relocation, Floor Area
Bonus, Setback and Residential Design Standards Variations for 209 East Bleeker, HPC Resolution #17,
Series of 2017.
Ms. Simon told the Council HPC has granted conceptual approval. At the call up notice she described to
Council approvals that were granted and they wanted more information. For the call up process Council
can uphold the HPC decision, ask for more information or remand the application back to HPC with
specific direction.
Regular Meeting Aspen City Council September 25, 2017
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This project is a 6,000 square foot lot at 209 E Bleeker long owned by the Hayes family. It was sold a few
years ago. An application went to the building department then the property was sold again. HPC had two
hearings. In general, the board and staff are happy with the architecture. When the home was first bought
by the Hayes it was a classic miners cottage then remodeled with a second story. There are lots of maps
and photographs to help with the restoration. HPC feels there is good similarity for the new construction.
A number of benefits were requested included set back. Currently there is only a one foot setback on the
historic house. They asked for a floor area bonus and residential design standards exceptions as well.
HPC spent two hearings with discussion about the variations. Some members asked for reconsideration on
the setbacks. Staff asked for reconsideration on the floor area bonus. HPC granted a 400 square foot
bonus. Staff supports the project. HPC voted 6 to 0.
Seth Hmielowski, Z architects, along with Andy and Dan Fromm, owners, Paul Noto, attorney.
Dan Fromm stated he is the younger brother and will end up with the cabin. They are excited about the
opportunity. They were here for the HPC meeting when it got approved and spoke to the immediate
neighbors and they have been positive conversations.
Andy Fromm said he has been coming to Aspen for a long time. They took the guidance of staff to
separate the historic asset from the addition. They are excited about the project.
Mr. Hmielowski said on the set back issues, the cabin takes up 25 to 35 percent of the site. There are also
existing trees that need to be kept. They were asking for a 500 square foot bonus. It was an issue at the
first HPC so they came back with 400. The massing is not quite out of range with the neighborhood.
They moved the cabin forward from the first to second meeting. The incentives include a floor area bonus.
If you meet the criteria you are more apt to be given the bonus. He feels they meet criteria A through F. G
and H don’t pertain to the project.
Councilwoman Mullins said this is a duplex, how much additional floor area for a duplex opposed to
single family. Ms. Simon replied 360 square feet. Councilwoman Mullins said it appeared to Council to
be much too large for the site. There was a debate about the bonus to increase the square footage even
more. It is a good project but you are doing a great restoration of the original home. The 400 bonus is
appropriate. While I think it is too crowded on the site I don’t want your project to be the one we punish.
If we need to look at policy, let’s do it. I would support HPCs decision but also support looking at duplex
sites.
Councilman Frisch said he is where Ann is overall. He appreciates the work that has been done by the
clients and design team and it was unanimous by the commission. He is satisfied where we are right now.
Councilman Myrin said he feels if there was any space to use a TDR opportunity this is it to remove it
from the site. The set back on the west side was one foot before and now is two. It feels very tight. The
purpose of the TDR program is to allow a good design and when a site feels too full to remove the density
but allow the owners to receive the benefit. He said he lives more than a block away and did not receive
notice. Council received an email from Chris Klug supporting the project. It is very tight.
Mayor Skadron asked is the west side set back a function of the property built to the west. Mr.
Hmielowski said there is a 5 foot minimum on both side yards and a combined of 15 feet. The trouble lies
with the combined set back. We pulled the cabin away to give a bit more relief but want it as close to the
historic location as possible.
Councilman Hauenstein said if he were designing, I think you already received some bonuses, I also feel it
is shoehorned in there. I would like to see a 5 foot setback on the west. My perfect world would grant the
400 bonus but see 250 as a TDR removed off the site.
Councilman Myrin said he is happy with what Ward suggested as a compromise.
Andy Fromm said there is less coverage in this design then in the one we bought and had approval for.
Regular Meeting Aspen City Council September 25, 2017
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Councilwoman Mullins said what really concerns me, and we are trying to work towards, is a more
predictable and fair review. You designed the project under what was allowed. There is an awful lot on
this lot but there is nothing that is not allowed. As Council, I don’t think we can dictate what you can do
with the extra FAR. I think we need to go back and take a look at what we are allowing for duplexes on
these lots. I don’t think this should be remanded. I think we should respect HPCs decision.
Mr. Noto said he was here when some of these incentives were built in. This is a very successful outcome.
They are doing exactly what your code is encouraging them to do. They received unanimous approval.
You have a result the whole community could be proud of. Staff is very supportive of it. Tinkering
around with it makes it less elegant.
Councilman Myrin asked are TDRs something staff or Council can recommend. Mr. True said you
certainly can recommend them. All you can do is have HPC consider it.
Mayor Skadron said he concurs with Adam and Ann on this. He supports staff and HPCs recommendation
to move this forward. The preservation incentives are reasonable and he not request this to be remanded
back.
Councilwoman Mullins moved to uphold HPC Resolution #17, Series of 2017; seconded by Councilman
Frisch. All in favor except Councilmembers Myrin and Hauenstein. Motion carried.
Councilman Frisch moved to adjourn at 8:20 p.m.; seconded by Councilman Hauenstein. All in favor,
motion carried.
Linda Manning
City Clerk