Loading...
HomeMy WebLinkAboutminutes.council.20150413Regular Meeting Aspen City Council April 13, 2015 1 Scheduled Public Appearances ..................................................................................................................... 2 Citizen Comments and Petitions ................................................................................................................... 2 COUNCILMEMBER COMMENTS ............................................................................................................ 5 Notice of Call-ups ......................................................................................................................................... 5 CONSENT CALENDAR ............................................................................................................................. 6 Resolution #38, Series of 2015 – Clarification to Transportation Impact analysis (TIA) Guidelines 6 Resolution #33, Series of 2015 – Parks Dept. Ventrac Tractor Purchase ......................................... 6 Resolution #40, Series of 2015 – Revision to the EOTC 2015 Budget ............................................ 6 Resolution #39, Series of 2015 – Animal Resistant Recycling and Trash Enclosures ..................... 6 Minutes – March 16, 2015 ................................................................................................................ 6 Ordinance #11, Series of 2015 -Public Projects Code Amendment ............................................................ 7 Ordinance #12, Series of 2015 – Supplemental Budget ............................................................................... 7 Resolution #37, Series of 2015 – Policy Resolution – HPC Work Session and associated amendments .... 8 Ordinance #10, Series of 2015 – 530 W. Hallam Historic Landmark Lot Split ........................................... 9 Resolution #41, Series of 2015 - Lift One Lodge – Extension of Vested Rights ......................................... 9 Regular Meeting Aspen City Council April 13, 2015 2 At 5:00 pm Mayor Skadron called the meeting to order with Councilmembers Frisch, Mullins, Romero and Daily present Scheduled Public Appearances Mayor Skadron presented the Black Diamond outstanding employee award to Trevor Brown. Randy Ready introduced Trevor who is a maintenance technician at the Yellow Brick and has taken on far beyond his job description duties. In 2014 he has saved the City 21,000 dollars. He understands the building like no other. Councilman Romero read the proclamation for architecture and landscape architecture month. Charles Cunniffe accepted the proclamations. Councilwoman Mullins said there were 25 professional design awards awarded this year by the Colorado chapter of design professionals and nine went to local firms. Citizen Comments and Petitions 1. Mike Maple congratulated the City on hiring Gena Buhler as the new Executive Director for the Wheeler Opera House. He said it is an important time to access what we do with the Wheeler and the RETT that supports it. They are incredible assets that are underutilized. The Wheeler hosts too few events with too low attendance. There should be goals with simple measuring sticks that need to be established. Mr. Maple showed photos of the intersection of Durant and Hunter. The safety enhancements actually created a tripping hazard. The operation of the intersection is not as good as it once was. It is very unsightly. The curb was removed on the south side and cars can drive on the gondola plaza and now there is a steel fence. In his mind it is a failed project and he would like Council to take action to rectify it. To rectify it would be to remove it. He understands there are plans in place to put a cover over the drains and a bench. He can’t think of a worse place for a bench. He encourages Council to take action. He showed photos of Homestake Drive and the City project that impairs our views. He said he lives in the neighborhood and was not surveyed before it was placed there. Councilman Romero said it is not permanent but from work on the golf course. Mr. Maple said he applauds the City for conducting the employee generation study. It estimates residential generation has been overestimated by 55 percent. It is a far more appropriate number. His biggest concern is residential mitigation fees be fair and recognize all the ways housing provides mitigation. Mr. Maple also commented on the 65 decibels for construction mitigation and said it is absurd. It needs to be based in good sense and not just create more applications. 2. Jim Pomeroy stated he sent an email yesterday. He voiced his opposition to the proposed APCHA guideline changes to change the priority system to allow individuals to cut the line. With the only qualification being they got lucky once. There is no public benefit in creating that system. 3. Cavanaugh O’Leary said he is addressing the letter via email Sunday from the sponsors of Referendum 1 complaining on ACRA’s decision to weigh in and use public funds and go against them. ACRA receives about 2.5 million dollars from the City. Two million is from the lodging tax. In the tax agreement section 9, subsection E it says ACRA shall not use fund proceeds to influence the outcome of any election. They are prohibited from using any of the lodging tax. They also receive money from the services agreement from the City. That agreement, section 3, states that ACRA shall use that to provide minimum levels of funding during the first year of the contract for staffing the visiting center and certain special events. The intent was to continue to Regular Meeting Aspen City Council April 13, 2015 3 use the funds solely for those two things. Under those two provisions they are disallowed from using any tax money from saying no to referendum 1. They are saying they had money in their budget that they are using. They are going to replace that money with government funds. It is a smoke and mirror use of tax money to fight us. It stinks. I am livid that my money is being used to fight us. We pay for this entity and now they are telling us what they think is best for us. We are asking us that Council weigh in with ACRA and ask them that they step back from fighting us and let the citizens decide this. Mayor Skadron stated he sent an email to Debbie saying there is concern in the community that the chamber should not be using public money to fund a political campaign. Well the organization has a right to say what it wants, the fact that it receives money from the City’s general fund and lodging tax creates the perception of impropriety that you refer to and I’m sensitivity to that. I want to be certain City money is in no way used inappropriately and at that no challenge to campaign finance ethics are raised. 4. Maria Morrow stated ACRA spent 47 dollars to register the website and it came from member’s dues. The lodging tax dollars are kept separate in a separate fund. ACRA is not a quasi- governmental entity. They have two contracts with the City for services. ACRA represents over 800 businesses and 9,000 employees. They are a grassroots organization and have every right to say what they think about the referendum. Their mission is to provide advocacy on relevant community issues. It is important that they get real accurate information out to the community as a whole. 5. Warren Klug said the chamber is the only significant business advocacy group in town. It is appropriate for ACRA to follow its mission to provide advocacy on relevant community issues. It is not the vote no campaign leader. They are following the interests of the business community. They are not talking about smoke and mirrors. The Chamber membership dollars are available to support this. It is not appropriate for the Council to try to silence this voice. He is astounded the opponents are trying to silence this voice. Councilman Frisch stated Mr. Klug has been a champion of more sane immigration policies and asked how ACRA has played that role. Mr. Klug replied ACRA has taken that stance on immigration reform. He personally made trips to Washington and the chamber has done some support and sponsored a forum. Membership money was used to support the forum and it was appropriate. 6. Marcella Lawson stated this is not a new issue for chambers across the country. Some of your tax dollars have to be going towards salaries. They have prepared a pretty slick website and staff has participated in it. It is appropriate for Council to weigh in. We ask that Council not participate. ACRA is not a citizen or a voter. They are the marketing arm of the Council and the average citizen will not see them as distinct from Council. Our group is collecting money and it is all volunteer time. We are aware that ACRAs discussion was hardly a majority vote and question if they are representing a majority member. Mayor Skadron said there is the legal issue of are they violating any campaign finance law and are they violating the spirit of the law. Jim True, city attorney, said he received a call Friday morning from a citizen. He looked at the facts about what has been done by various citizens including the formation of the committee known as Know the fact on referendum 1. The address of the committee is that of Derek Johnson and the website names ACRA as an endorsing organization along with the Aspen Skiing Company. The website also notes numerous ACRA employees and board members on the steering committee. Also on the steering committee are Ann Mullins and Adam Frisch as a supporter. Councilmembers have a right to participate. The first question that comes up is the statement regarding ACRA is a quasi-governmental entity. The second is whether they are improperly using city funds for advocating a political position. In addressing the first one it is important to look at the Statute 1.45.117 of the Colorado Fair Campaign Practices Act. It states No agency, department, board, division, bureau, commission or council of the state or political subdivision of the state shall expend monies from any sort or make any contributions to urge electors Regular Meeting Aspen City Council April 13, 2015 4 to vote in favor of or against any local ballot issue. If ACRA fits within this provision of the law it is arguable that it does not matter where the money comes they are prohibited from spending the money advocating a position. There is not a lot of discussion in case law regarding this. There is one case that gave the Supreme Court an opportunity to address the consideration of this issue to some degree. It focused on whether the entity was a political subdivision of the state. The agency, department, board, division, bureau, commission or council are considered part of the state and they separated it as to whether the individual entity was a separate political subdivision of the state. Either way it is hard to accept ACRA being a governmental entity of any sort. ACRA and a political subdivision of the state that would implicate section 1-45-117 they are organized under the Colorado corporation code. They do not benefit from the governmental immunity act. The City of Aspen does not appoint their board, review their budget, direct their activities in any manner other than it relates in the contracts we enter into with them. He concludes that they are not a governmental entity or a political subdivision that makes it subject to 145-117. The other issue is are the spending governmental funds for political activities. ACRA insists that it is not spending City funds on political activities. To address that he reviewed the contracts the City has with ACRA very carefully. We have two contracts, one addresses the lodging tax revenue and the other is for special services and is funded through the general fund. The lodging tax contract very specifically say they are not allowed to use any of the revenues for political purposes. The lodging tax agreement require the funds to be separated. He does not think there is any question use of the lodging tax revenues would be inappropriate and he also has no evidence there is any use of those funds for political purposes. The other agreement is funded by the general fund and is for specific purposes. The key in that contract is a provision in paragraph 10A that states nothing herein shall restrict ACRA from providing services to its members consistent with its mission and established policies. Given the mission that is set forth for ACRA he believes it would be inappropriate for the City to interfere with that mission. He believes the contract specifically says the City Council cannot interfere with that mission. There is no indication there has been improper activity under section 145- 117 or that there is any evidence that City funds have been spent for political activity. The City of Aspen provides funding to a number of nonprofit entities a number of which have taken political positions in the past. It would be inappropriate and risk the City coming afoul with the Fair Campaign Practices Act if we tried to assert condition on the use of those funds in a political manner. He would caution the City from taking any action to direct ACRA or any nonprofit entity that receives funds from the City on how they are to use those funds. In this case, ACRA is a 501C6 entity and they have authority under the IRS to participate in political activity. As long as they are not using specific funds which would be in violation of those two contracts, he does not believe the City Council can otherwise direct ACRA as to how they are using these funds. Councilman Frisch said there are two issues the relationship the City has with ACRA and ACRA spending its own money. Mayor Skadron said we are concluding ACRA is not a quasi-governmental entity and are not subject to those provisions. Mr. True said there is no evidence to suggest the City’s funds are being used for political activity. The contracts with ACRA are very clear as to what the funds are to be used for. Councilman Romero asked if the contracts have the ability to be audited. Mr. True replied they do. Mayor Skadron stated Council should not be telling an independent non-profit what they should or should not be involved with. Mr. True said that Council directing a non-profit independent entity would not be appropriate. It could appear inappropriate and could run us afoul. Regular Meeting Aspen City Council April 13, 2015 5 7. Lindsey Smith representing the Pauline PSSWF wildlife fund at 5945 County Rd 346 Silt said they took in over 300 wild animals this year including 23 cubs and one mom bear. She thanked Council for the grant they receive. 8. Emzy Veazy III recommended the City hire Recee Henry to audit all city departments and it probably would have caught the parking scam. He brought up the sales tax holiday. COUNCILMEMBER COMMENTS 1. Councilman Frisch stated he does not view ACRA as the marketing arm of City Council but as our funky diverse population, small town built environment, splendid outdoor environmental setting and our outdoor cultural activities. 2. Councilman Frisch thank the Ski Company for helping to host the celebration and benefit for Makenzie Langley. It was great to see so many people up at the merry go round on Friday. He wished her and her family all the best. 3. Councilwoman Mullins said in response to the public comment she appreciated Jim’s comments and his email. 4. Councilwoman Mullins also agrees with Mike Maple. As much as the engineering department was trying to do cutting edge design and the latest in storm water drainage we really need to do something about Gondola plaza to correct it. 5. Councilwoman Mullins thanked Jim for all his research and work to clarify ACRA’s role. 6. Mayor Skadron reminded everyone that the City wide election is May 5th. Ballots dropped in the mail today. You can vote in Council Chambers on May 5th beginning at 7am or at the Red Brick. Starting on April 20th from 8am to 5pm you can vote in person in the City Clerk’s office. On Saturday May 2nd from 10-2 we are also having in person voting. 7. Mayor Skadron said closing day at Aspen Highlands is an iconic time in this community. There were three or four thousand people at the base of highlands having a party. The Mayor was a judge for schneetag where eight teams were competing and recognize the Dukes of Aspen who tied with Fury. Notice of Call-ups 134 W. Bleeker St. Councilwoman Mullins said she is concerned with the FAR bonus, set backs and the connector. She asked what is required for the front yard setback and what is the variance. Amy Simon, community development, replied it is a ten foot requirement in the front and the allowance was nine foot two. Councilwoman Mullins said one of the things we are trying to do is maintain the character of town. If you look at what is going on with the house she would support the restored house being in line with the other houses on the block and HPC might want to take a look at that again. She would like HPC to take another look at the connector since it has a deck on top. They are moving the house from the original location and it is hard to see why it gets the FAR bonus. Mr. True stated Council would need to call this up, review it and send it back to HPC with specific direction. Ms. Simon stated around 20 years ago this property was redeveloped through the HPC process. It involved rescuing a building that was threatened and moving it onto the site. The Victorian to the east of the house in question was moved there and is not part of the historic context HPC thought needed to be honored. The bonus was 116 square feet not 500. They did a very detailed historical research to the building to find the dormers were added and will be taking them away. The board is rewarding them for Regular Meeting Aspen City Council April 13, 2015 6 the effort of putting the resource back to its original design. As for the connector, it is longer than the minimum requirement. Councilwoman Mullins moved to call up 134 W Hopkins Avenue; seconded by Councilman Daily. Councilman Daily stated he would also like to hear more about compatibility of the second home with the historic home. All in favor, motion carried. CONSENT CALENDAR Resolution 38 Transportation Impact Analysis Jessica Garrow, community development, said this is an amendment to the year old mitigation system. It outlines different levels of exempt development, minor versus major. The system is based on new development. Mayor Skadron said it clarifies the guidelines if the request does not involve new lodge or residential units or new commercial. Ms. Garrow said there are four buckets of development including essential public facility, commercial, residential units and lodging units. If you are not adding lodging units or residential units you are exempt. Councilwoman Mullins pointed out this comes directly from the AACP. Ms. Garrow said this has been a very successful change. Resolution 39 Animal Resistant Recycling and Trash Enclosures Tom Rubel, parks and open spaces, said five years ago they went to a new style of containers in the down town core. The last three years more and more bears are coming in to town and they figured out how to get into them. They tried a retro fit from the company and the DOW was not excited about the retro fit. This is a DOW approved container with a new style and less maintenance. Mayor Skadron asked him to comment on Mike Maple’s super berm issue. Jeff Woods, parks, said he was not here in February. The small berms on Homestake are from the redoing of the ponds on number 2. There is silt build up in the pond. They are re-digging the pond per the golf course master plan. There were public meetings. This will improve the golf course. The pile of dirt is temporary. They will start shaping next week. • Resolution #38, Series of 2015 – Clarification to Transportation Impact analysis (TIA) Guidelines • Resolution #33, Series of 2015 – Parks Dept. Ventrac Tractor Purchase • Resolution #40, Series of 2015 – Revision to the EOTC 2015 Budget • Resolution #39, Series of 2015 – Animal Resistant Recycling and Trash Enclosures • Minutes – March 16, 2015 Councilman Frisch moved to approve the consent calendar; seconded by Councilwoman Mullins. All in favor, motion carried. Regular Meeting Aspen City Council April 13, 2015 7 Ordinance #11, Series of 2015 -Public Projects Code Amendment Justin Barker, community development, told the Council this code amendment is needed to comply with state statutes. Currently the state requires a municipality provide a decision on a project submitted by a public entity within a 60 day timeframe. This cannot be achieved sometimes with our current land use code. This proposed code amendment creates a streamlined review process that could be achieved within a 60 day timeframe. Staff is recommending approval on first reading and a public hearing for April 27, 2015. Councilman Frisch moved to read Ordinance #11, Series of 2015; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE NO 11 (SERIES OF 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.500 – DEVELOPMENT REASONABLY NECESSARY FOR THE CONVENIENCE AND WELFARE OF THE PUBLIC OF THE CITY OF ASPEN LAND USE CODE. Councilman Romero moved to adopt Ordinance #11, Series of 2015 on first reading; seconded by Councilman Daily. Roll call vote. Councilmembers Daily, yes; Romero, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. Ordinance #12, Series of 2015 – Supplemental Budget Pete Strecker, finance, said the total budget request is 24 million dollars. The new requests total 1.2 million. There are three general fund department request including community development requesting 14,000 for code books. The recreation department is requesting 73,000 for wage increases and asset management is requesting 58,000 to handle operational costs at the old mountain rescue building and old power house. There are three requests from parks and open space for Cozy Point including 226,000 for capital and operational expenses, 380,000 for barn restoration where 200,000 will be offset by a historic grant. The housing development fund is requesting 150,000 to redevelop a single family lot. The water department is requesting 90,000 to purchase three stand by generators with 66,000 offset by a grant. In addition to the new requests, there are also carry forward requests totaling 12.5 million dollars. Councilwoman Mullins asked if the 226,000 for Cozy Point was unanticipated. Tom Rubel said half of it is for the manager and we should get all of it back from the operations of the stables and hay sales. We pay half of the utilities. Jeff woods said this is the first time in 18 years the barns have ever been full. Councilman Romero asked what our financial obligations were before Monroe passed. Mr. Woods said we were deferring maintenance. It was purely a landlord tenant relationship. Partly because we did not know about some of the problems. Councilman Romero said he was advocating for a good many capital improvements. He asked that we do a really good job communicating to the public that it is an important public asset and we are extending a legacy. Mr. Woods said they have met with a wide variety of people. It is much larger than an equestrian center. Councilwoman Mullins asked about the 1,000 dollars for the code books. Stephen Kanipe, building department, said it represents a complete set of I codes, commercial, residential, plumbing code books for the building code board of appeals. Regular Meeting Aspen City Council April 13, 2015 8 Councilman Frisch moved to read Ordinance #12, Series of 2015; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE NO 12 (SERIES OF 2015) AN ORDINANCE APPROPRIATING AN INCEASE IN THE ASSET MANAGEMENT PLAN FUND EXPENDITURES OF $3,358,830, AN INCREASE IN THE GENERAL FUND OF $4,091,430 AN INCREASE IN THE PARKS AND OPEN SPACE FUND OF $2,724,300, AN INCREASE IN THE WHEELER OPERA HOUSE FUND OF $541,560, AN INCREASE IN THE CITY TOURISM PROMOTION FUND OF $126,500, AN INCREASE IN THE TRANSPORTATION FUND OF $575,500, AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF $3,992,380, AN INCREASE IN THE KIDS FIRST FUND OF $212,690, AN INCREASE IN THE STORMWATER FUND OF $758,430, AN INCREASE IN THE WATER FUND OF $1,574,400, AN INCREASE IN THE ELECTRIC FUND OF $699,250, AN INCREASE IN THE PARKING FUND OF $5,099,640, AN INCREASE IN THE GOLF COURSE FUND OF $98,940, AN INCREASE IN THE TRUSCOTT FUND OF $377,420, AN INCREASE IN THE MAROLT FUND OF $50,270, AN INCREASE IN THE INFORMATION TECHNOLOGY FUND OF $749,650, AN INCREASE IN THE HOUSING ADMINSITRATION FUND OF $20,940. Councilman Romero moved to adopt Ordinance #12, Series of 2015 on first reading, seconded by Councilman Daily. Roll call vote. Councilmembers Romero, yes; Daily, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Resolution #37, Series of 2015 – Policy Resolution – HPC Work Session and associated amendments Ms. Simon stated Staff is seeking Council direction of a few code amendments relating to historic preservation and the location of transformers. For many years they have offered the opportunity to come before HPC and discuss their project in an informal basis and receive input early on. Many times this is helpful but can also lead to misperception of the board’s position. Staff would like to remove work sessions from the HPC process. Staff would like to look at better criteria for relocation of historic buildings. They are often seeing houses lifted for construction of foundation and that program is going on well. They are now seeing more frequent requests for temporary relocation. There is an outdated reference to the building code and they would like to make it generic. Staff would also like to address transformer locations and talk to the utility companies. Staff is looking for Council direction to move forward. Councilman Frisch asked if the greater goal of the removal of the work session is the efficiency of the applicant coming to speak. Ms. Simon replied they may have work sessions and have them noticed. Staff’s inclination is not to have them anymore. The attorney’s office explains they are not binding. Councilman Frisch asked if there will be a holding pen for historic buildings. Ms. Simon said the historic resource needs to be stored on the lot. We have had people want to move buildings out of town. Councilman Frisch said for the transformers he appreciates we want to have everything in the back of house. If they don’t go in front where will they go. Ms. Simon replied they want to have that conversation with the utilities. Councilman Romero stated he will support this resolution. Councilman Daily said the transformer issue needs careful consideration. It needs to take a closer look. Councilwoman Mullins said in terms of the work sessions what said is not binding. Ms. Simon replied they may need to be more formal with a public notice and more structure. Councilwoman Mullins asked Regular Meeting Aspen City Council April 13, 2015 9 what was the original reason for the work session. Ms. Simon said they have been having them for 30 years. Mayor Skadron agrees as well with making the work sessions more formal. Mayor Skadron opened the public comment. 1. Kim Raymond said the work sessions can be confusing but they need to be binding. Mayor Skadron closed the public comment. Councilman Frisch said it might be time to invite HPC in for a discussion. Councilwoman Mullins moved to adopt Resolution #37, Series of 2015; seconded by Councilman Frisch. Roll call vote. Councilmembers Frisch, yes; Daily, yes; Romero, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Ordinance #10, Series of 2015 – 530 W. Hallam Historic Landmark Lot Split Ms. Simon told the Council this is for a subdivision of a property in the West End. It is a 9,000 square foot lot with a Victorian era house on it. The house has been expanded in two direction and has changed the scale of the historic resource. The applicant plans to demolish the non-historic additions, restore the house and build a new detached house to the east. HPC has granted conceptual approval. The amount of square footage to be developed is the same that could be built without the lot split. There are some very large trees lining the corners of the property. Two will be removed to open up the views of the Victorian. The lot will be divided approximately evenly. The new home will be set back substantially. Staff is recommending approval and so is HPC. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins moved to adopt Ordinance #10, Series of 2015, seconded by Councilman Romero. Roll call vote. Councilmembers Mullins, yes; Daily, yes; Frisch, yes; Romero, yes; Mayor Skadron, yes. Motion carried. Resolution #41, Series of 2015 - Lift One Lodge – Extension of Vested Rights Councilman Daily recused himself. Chris Bendon, community development, stated Staff is recommending in favor to extend the period of statutory vested rights for the Lift One Lodge Planned Unit Development Project. The vested rights are currently set to expire in the fall of 2016 and this would extend to the fall of 2018. This is a mixed use project including lodging units, commercial uses, and residential development including a lift apparatus. It is a good project. It continues to be the only project that has gone through the full P&Z and Council review without changes. It received a unanimous Council approval. Staff is recommending two conditions to the extension dealing with street infrastructure. The first is a cost sharing agreement with the property to west regarding the redevelopment of South Aspen Street. Staff just wants to know there is a cost sharing agreement in place. The second is the closing of Gilbert Street. Dave Mylar and Bob Daniel are representing the applicant. Mr. Mylar said they agree with the review of Staff and are fine with the conditions. They anticipated the cost sharing agreement and Gilbert Street closure. Regular Meeting Aspen City Council April 13, 2015 10 Councilman Romero said we have seen requests in the three to five year window for an extension. This is for 24 months with two conditions. Mr. Bendon said a few years ago the horizon was a bit further away. A two year extension is a reasonable one. Councilman Frisch said we want to make sure there is actually some progress. Councilman Romero said the scope of the land use approval has a lot of good virtue and he would like to see it come about and they genuinely need some more time. He said he would like to see this as the last request. Councilwoman Mullins stated she supports the request. The project has been moving along according to Staff. It is a good start. Mayor Skadron opened public comment. 1. Marcia Goshorn stated she has no problem with the two years vesting. She would like to see cooperation with the City, ski co and housing and moving forward with the ski museum and keeping the 2017 ski championships. 2. Tony Emhof from Lift one condos asked for clarification on the lift being part of the agreement. He also asked about the timing of the world championships and what can we do to mitigate the construction impact on the world cup. 3. Lucas Beck from the Shadow Mountain Town Homes said Lift One has been great to work with. They support it now but would support faster development. Parking has been integral. How it goes away and how it will be replaced is uncertain and is a concern. They support the request. They are concerned with the order it happens and the intensity that it happens. Mayor Skasron closed the public comment. Mayor Skadron asked Mr. Bendon to repeat the condition. Mr. Bendon answered the shared responsibility to reconstruct South Aspen Street and would like to know there is a cost sharing agreement in place. Second is the closing of Gilbert Street. Mayor Skadron asked for a comment on Lucas’s parking comments. Mr. Daniel said there is a shared parking agreement with shadow Mountain parking that exists in the right of way. Three spaces will be lost so parking will be provided in the garage. Fast tracking one aspect over another he is not sure of the possibility. He is not sure how it would be wound into a condition. If they are worried about the sprint to 2017 the way to guarantee it would be to not grant the extension. Councilman Romero moved to adopt Resolution #41, Series of 2015; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Romero, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. Mr. True stated Councilmembers, Mayor and Staff requested City Council go into executive session pursuant to 24.6.402 (4)F1 to discuss matters involving personnel. Councilwoman Mullins moved to go into executive session at 7:40 p.m.; seconded by Councilman Romero. All in favor, motion carried. Councilman Frisch moved to come out of executive session at 10:15 p.m.; seconded by Councilman Romero. All in favor, motion carried. Councilman Romero moved to adjourn at 10:15 p.m.; seconded by Councilman Daily. All in favor, motion carried. Linda Manning City Clerk