HomeMy WebLinkAboutminutes.council.20030811Regular Meeting Aspen Ci,ty Council August I 1, 2003
KATSUYAMA STUDENTS ...................................................................................... 2
OUTSTANDING EMPLOYEE BONUS AWARDS ........................................... 2
CITIZEN COMMENTS ............................................................................................... 2
COUNCILMEMBER COMMENTS ........................................................................ 3
CONSENT CALENDAR .......................................................................................... 4
· Resolution #66, 2003 - Calling a Special Election ................................................. 4
· Resolution #67, 2003 - Annexation Lots 1, 2, 3 - Block 4 Knollwood .................. 4
· Resolution #68, 2003 - Ruedi Hydropower Facility Improvements ....................... 4
· Minutes - July 28, 2003 .......................................................................................... 4
ARC ADVISORY COMMITTEE BOARD APPOINTMENTS .................... 4
FIRST READING OF ORDINANCES ................................................................... 5
· Ordinance #39, 2003 - Puppy Smith COWOP ....................................................... 5
· Ordinance #40, 2003 - Code Amendment One Land Use Application Per Lot ..... 5
· Ordinance #41, 2003 - Hybrid Vehicle Parking Program .................................... 5
ORDINANCE #37, SERIES OF 2003 Hybrid Vehicle Rebate ................... 7
ORDINANCE #29, SERIES OF 2003 - Dancing Bear PUD ........................ 7
ORDINANCE #42, SERIES OF 2003 - Charter Amendments, Initiative and
Recall ............................................................................................................................... 11
PUPPY SMITH PROPERTY/BALLOT LANGUAGE .................................... 13
Regular Meeting Aspen City Council August 11, 2003
Mayor Klanderud called the meeting to order at 5:00 p.m. with
Councilmembers Semrau, Paulson, Richards and T0rre Present.
KATSUYAMA STUDENTS
Christopher Hassig introduced six students from Katsuyama, Japan. The
students sang a traditional song for Council and with their chaperone,
Hudson Hamilton, exchanged gifts with City Council.
OUTSTANDING EMPLOYEE BONUS AWARDS
Mayor and.Council presented Lee Ledesma, water department, and Jim
Crowley, police department, with outstanding employee bonus awards.
Mayor Klanderud commented that the employees of the police department
do not have an easy job. Mayor Klanderud noted in her experience all
employees of the police department perform excellently and the community
owes them a debt of gratitude.
CITIZEN COMMENTS
1. Toni Kronberg requested ARC Committee appointments be taken off
the consent calendars. Ms. Kronberg reminded Council last spring when she
brought up the possibility of a swim meet at the ARC, Council was told
Aspen was going to have a swim meet. Ms. Kronberg asked why Aspen has
not had a swim meet. Tim Anderson, recreation director, told Council it
takes about a year to schedule a swim meet and the scheduling is done in
September. Aspen has submitted for this year's scheduling. Ms. Kronberg
asked about the e-mail from the team manager stating not everything was in
place for a swim meet. Anderson said there is a punch list and items on this
list are being corrected.
2. Bill Wiener said the community does not know were Council stands
onthe 48 sections of the infill cOde amendment. This ordinance is large and
difficult to understand. Wiener handed out a summary of proposed zoning
changes for Council to comment on each section of the ordinance so the
community will know where this is headed. Mayor Klanderud said at the
last work session Council committed to giving the community development
department their thoughts on the code amendment section by section. If
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Regular Meeting Aspen Ci~, Council August 1L 2003
Council agrees, the press can get these reports. Richie Cohen and Bert
Myfin agreed they would like to know Council's thinking.
COUNCILMEMBER COMMENTS
1. Councilman Semrau thanked Councilman Torre for his work on the
rebirth of the Friday Afternoon Club.
2. Councilwoman Richards noted several weeks ago the newspaper did a
story on sign violations around town. Councilwoman Richards asked if staff
is looking at the city's sign code or if Council is willing to go through the
sign ordinance to see where changes might be made. Mayor Klanderud said
staff is working on a code amendment that will be before Council in the fall.
3. Councilman Paulson said he would like Council to consider a
resolution from Environment Colorado that the state uses 10% renewal
energy by 2010. Council agreed to have this on the next agenda.
4. COuncilman Paulson said he spoke with Betty Marolt about the
possibility of naming the city's athletic scholarship after Max Marolt.
Mayor Klanderud moved to name the city's athletic scholarship the City of
Aspen/Max Marolt Athletic scholarship fund; seconded by Councilman
Semrau. All in favor, motion carried.
Council asked that the budget refer to this line item by the above name.
5. Councilman Paulson noted Highlands is part of the city and there is
some competition between Highlands Friday events and the Friday
Afternoon Club. Councilman Paulson suggested Council establish a fund so
people could apply for entertainment funds and so that everybody feels they
are part of the city. Councilman Semrau said Council should discuss this at
budget time. Mayor Klanderud pointed out the city is only doing the FAC
for 3 weeks to see how successful it is. Mayor Klanderud agreed the city
should look at how this affects Highlands.
6. Councilman Torre said he would like Council to discuss if they have a
role in special events planning and what that may be.
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Regular,Meeting Aspen City Council August 11, 2003
7. Councilman Torre said he was alarmed to read of President Bush's
fast track of natural resource development in Colorado. Councilman Torte
said although this is a national issue, he is concerned about Colorado's
wilderness lands being opened up to development. Council agreed they
would not have a problem with a letter or resolution about this but wanted
more facts. Councilman Torre said he would supply these. Councilwoman
Richards said she would like Council kept in the loop on these types of
issues through Wilderness Workshop.
CONSENT CALENDAR
Councilman Semrau moved to approve the consent calendar as amended;
seconded by Councilman Paulson. The consent calendar is:
· Resolution #66, 2003 Calling a Special Election
· Resolution #67, 2003 - Annexation Lots l, 2, 3 - Block 4 Knollwood
· Resolution #68, 2003 - Ruedi Hydropower Facility Improvements
· Minutes July 28, 2003
All in favor, motion carried.
ARC ADVISORY COMMITTEE BOARD APPOINTMENTS
Toni Kronberg said Council changed the make up of the ARC advisory
board from all 7 members appointed by SPARC to 1 appointed by the
Youth Center, 2 appointed by the city and 4 appointed by SPARC. Ms.
Kronberg pointed out the city's Charter, Article 8.4 states Council has the
right to appoint boards and commissions and it has to be done by ordinance.
Ms. Kronberg said for other boards, the vacancies are noticed in the paper
and the applicants go through an interview process w~th Council. Ms.
Kronberg said for this committee, the ARC staff, SPARC board, and Youth
Council came up with the recommended names and Council had no part of
this selection process. Ms. Kronberg said there are flaws with the swimming
pool and things need to be addressed and fixed. Ms. Kronberg requested
Council follow the Charter and have applicants fill out applications.
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Regular Meeting Aspen City Council August 11, 2003
John WorceSter, city attorney, told Council his office takes the position that
"permanent boards and commiSSions'' as referred t° in the Charter does not
refer to every city board. It refers to those listed in the Charter and those
that have regulatory authority, Worcester stated it is his opinion the ARC
board is an advisory board and not a permanent board as referred to the in
Charter.
Ms. Kronberg said the ARC is a permanent facility and it should have a
permanent advisory board. Mayor Klanderud supported the City Attorney'S
position and recommended Council approve this commission. Ms.
Kronberg said this is a community facility and the appointments were made
behind closed doors. Tim Anderson, recreation director, told Council he
solicited names from the swim team for the city's representatives. Both city
appointees have children in many recreation programs.
Councilwoman Richards moved to approve the ARC advisory board
appointments; seconded by Councilman Paulson. These appointments are:
Sue Smedstad Youth Center Representative
Laura Komasiewicz Swimming
Robert Christiansen At-Large
Alice Davis SPARC
Debbie Ware SPARC
Scott Writer SPARC
Barbara Owen SPARC
All in favor, motion carried.
FIRST READING OF ORDINANCES
· Ordinance #39, 2003 - Puppy Smith COWOP
· Ordinance #40, 2003 - Code Amendment One Land Use Application
Per Lot
· Ordinance #41, 2003 - Hybrid Vehicle Parking Program
Councilman Semrau moved to read Ordinances #39, 40, and 41, Series of
2003; seconded by Councilwoman Richards. All in favor, motion carried.
ORDINANCE NO. 39
(SERIES OF 2003)
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Regular Meeting Aspen City Council August 11, 2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING FINAL LAND USE APPROVALS AND GRANTING A
DEVELOPMENT ORDER FOR THE PUPPY SMITH AFFORDABLE
HOUSING PROJECT, INCLUDING FINAL PUD DEVELOPMENT,
GMQS EXEMPTION FOR AFFORDABLE HOUSING, SUBDIVISION,
SUBDIVISION EXEMPTION AND SPECIAL REVIEW FOR A THREE
UNIT AFFORDABLE HOUSING PROJECT IN THE CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
ORDINANCE NO. 40
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN
AMENDMENT TO CHAPTER 26 AND SECTION 26.304 OF THE CITY
OF ASPEN MUNICIPAL CODE (COMMON DEVELOPMENT REVIEW
PROCEDURES).
ORDINANCE NO. 41
(Series of 2003)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO AMENDING TITLE 24 OF THE MUNICIPAL CODE TO
ADD A NEW CHAPTER 24.24 ENTITLED "HYBRID VEHICLE
PARKING PROGRAM"
Mayor Klandemd stated she would like to comment on Ordinance #41.
Councilwoman Richards moved to adopt Ordinances #39, and 40, Series of
2003, on first reading; seconded by Councilman Semrau. Roll call vote:
Richards, yes; Torre, yes; Paulson, yes; Semrau, yes; Mayor Klanderud, yes.
Motion carried.
Councilwoman Richards moved to adopt Ordinance g41, Series of 2003, on
first reading; seconded by Councilman Paulson.
Mayor Klanderud said her concerns are the expense of this program. She
would prefer to go with Ordinance #37, the hybrid vehicle rebate program.
Randy Ready, assistant city manager, stated staff prefers the vehicle rebate
program; however, if Council wants to adopt this ordinance, they should
defeat Ordinance #37 Councilwoman Richards said she would like to adopt
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Regular Meeting Aspen City Council August 1L 2003
this as a statement the Council is doing all they can to encourage energy
conservation. Mayor Klanderud said staff has not estimated loss of parking
revenues, which could increase in the future. The parking revenues fund the
transportation system. Giving free parking to hybrid vehicles encourages
and rewards driving. The vehicle rebate program encourages purchase of
hybrid vehicles. Allowing free parking could be a disservice to residential
neighborhoods. The vehicle rebate program is given annually. Councilman
Semrau asked if staff would give an estimate on lost revenue for the public
hearing.
Roll call vote: Councilmembers Torre, yes; Paulson, yes; Semrau, yes;
Richards, yes; Mayor Klandemd, no. Motion carried.
Councilman Paulson stated affordable housing should not be exempt from
paying park dedication fees, in reference to the Puppy Smith project. Joyce
Allgaier, community development department, told Council affordable
housing projects are not exempt; this is at Council's discretion.
Councilwoman Richards said Council does not waive park dedication fees.
Councilwoman Richards stated she does not have a problem with the ability
to apply to waive that fee. Councilman Semrau said the only time park
dedication fees are waived for affordable housing projects are where there is
a conservation easement or open space given. Council agreed to discuss
other issues surrounding Puppy Smith when they discuss the ballot
language.
ORDINANCE #37, SERIES OF 2003 Hybrid Vehicle Rebate
Councilman Semrau suggested continuing this for two weeks and do it in
concert with Ordinance #41 when staffbrings back the financial
information.
Councilman Semrau moved to continue Ordinance #37, Series of 2003, to
August 25; seconded by Councilwoman Richards. All in favor, motion
carried.
ORDINANCE #29~ SERIES OF 2003 - Dancing Bear PUD
David Brown, representing the applicant, presented renderings and drawings
of the amended project. Brown told Council the gazebo has been reduced
25% from 2100 square feet to 1580 square feet. The two main functions of
Regular Meeting Aspen City Council August 11, 2003
the gazebo are a sitting area and exercise space. The sitting area will be
available to the community for gatherings; the restaurant will also be open to
the public. There will be solar collectors and water heating equipment on
the roof. Brown said the gazebo is a high quality space and will provide a
great experience for guests.
Brown told Council the theatre has been taken out; the space is a'TV/family
room. The gazebo is set back from the third floor roof all the way around
the building, so it will not be seen from street level. Brown noted the height
of the elevator shaft does not change and is at 45 feet. The two-story
element facing Durant and Monarch is 21 feet, which steps up to 31 feet at
the other end. The height on the alley side is 28 feet and 38 feet. The roof is
a flat element; however, the site slopes. Brown opined the building is much
better with the gazebo than without.
Mitch Haas, representing the applicant, reminded Council they were asked
to explain why the gazebo is a necessary element to the lodge's design.
Haas said one element cannot be removed without compromising the whole
design; it is a total, unique lodging experience. This is also a green
development. Removal of the gazebo would remove a unique feature as
well as the photovoltaic function. The gazebo helps to screen mechanical
equipment on the roof. The gazebo prevents the lodge from being ordinary.
Haas said the Council has set the precedent that not any building can be
proposed at more than 28 feet on the north side of Durant Avenue. Haas
noted that this process has proven that prior height limit approvals in the
LTR zone are site specific and a function of the individual proposals and not
a precedent the city should meet. Haas stated the proposed height limit for
this project would not set a precedent for other projects except that greater
than underlying height requires a s~te specific sensitive design that supports
the lodge use and green functions as well.
Haas reminded Council this project provides almost twice the required
affordable housing on site. The project meets the parking demands. The
project also provides innovative alternatives to automobile uses This is a
novel design and provides synergy between form and function.
James Lindt, commnnity development department, told Council staff
supports the gazebo as it provides a visual element this structure needs.
Lindt said the centered gazebo ~s not as visually apparent when the building
Regular Meeting Aspen City Council August 11, 2003
is viewed from grade. Council discussed adding a condition of non-
reflective glass on the gazebo to cut down the glare. Mayor Klanderud said
although the park dedication fee is required, she would like to see payment
of that fee listed as a condition. Lindt reminded Council they have the
option to waive the park dedication fee for affordable housing units only.
Councilman Paulson asked if the applicants are trying to reach gold in the
LEEDS. Brown said that is the goal. Councilman Paulson said there is no
drawing o£the building from the east side of Wagner park.. Brown said the
trees on the west side of Wagner park are so tall the building cannot be seen.
Mayor Klandemd agreed this is a concern; however, the proposed view
plane has not been adopted.
Mayor Klanderud opened the public hearing.
Richie Cohen said he feels this process has worked well and the redesign has
answered most of Council's concerns. Cohen said this PUD process is a
good example of why Council does not need to adopt infill. Bill Wiener said
ifinfill was in place, CoUncil would have lost their ability to negotiate the
design of this building. Ruth Kruger, P&Z, agreed this process has been
fabulous; the building has been whittled down to a product the community
can live with. The architect has responded to P&Z, the public and Council.
Ms. Kruger noted this process has been very expensive to the applicant. Ms.
Kruger noted if this building were approved under infill, it would not be any
taller.
Dale Paas, Limelite Lodge, said this building will greatly affect their
property. It will be a large project feet from their property line. Toni
Kronberg said the Shadow Mountain view plane is to be protected and what
if the gazebo can be seen in the view plane. Ms. Kronberg said buildings
should not be allowed to block the views of the mountain.
Mayor Klanderud closed the public hearing.
Haas said through this process, they were told infill has not been adopted
and it should not apply to this project. Haas stated one would still be able to
see Shadow Mountain after this building is built. Brown showed the heights
around the building as measured to original grade between 21 feet to 45 feet
at various locations. The elevator shaft would still be higher than the gazebo
roof, if there were no gazebo on the roof.
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Regular Meeting Aspen City Council August 11, 2003
Councilman Torre said he is worried about the precedent for redevelopment
in the area and each building wanting higher buildings so they can retain
their mountain views. Haas told COuncil this is a 12,000 square foot site and
there is not a lot of land. Haas said when other developments come to
Council, the city may have adopted new view planes. Lindt pointed out to
the west there are several 4-story buildings like the Hotel Durant.
Councilman Semrau moved to adopt Ordinance #29, Series of 2003, with the
centered gazebo and added conditions (1) an opaque covering will be
installed inside the gazebo; (2) non-reflective glass will be installed on the
gazebo; (3) the park dedication fee will be paid on this project; seconded by
Councilwoman Richards.
Councilman Torre said he would prefer the conditions be 5 bicycles be
provided rather than 10 bicycles. Councilman Semrau amended his motion
that the requirement be 5 bicycles rather than 10. Councilman Torte
seconded.
Councilwoman Richards stated she would prefer it stay at 10 bicycles so that
all different sizes and types will be available. Mayor Klandemd asked about
the hybrid Vehicles. Brown told Council Part of the reason for having hybrid
vehicles is to expose new users to this type of vehicle. Brown said they
intend to work out an arrangement with Alamo rental and if Dancing Bear
guests are not using the cars, they become part of the Alamo rental fleet
available to anyone. Mayor Klanderud agreed with this concept.
Councilman Semrau said he feels the gazebo is an important architectural
element and one that differentiates this structure. Councilman Semrau said
Aspen is about allowing something different and fabulous. Councilman
Paulson said he likes this project; however, he is concerned about the
domino effect. This is still one story too high. Councilman Paulson said
one issue is how much Council wants this town to change. This building
will stick out.
Councilwoman Richards said she is going to support this project because of
the balance of the need for economic redevelopment and that this site could
be residential, which would not add to the economy. Councilwoman
Richards noted on this site, a residence built to code could be almost this tall
and would not add tourist beds. This is a handsome building.
CoUncilwoman Richards stated she likes the changes from the first design to
Regular Meeting Aspen City Council August 11~ 2003
this design. Councilwoman Richards said making the gazebo smaller and
centering on site will help with the appearance of height. Councilman
Paulson said he feels the third floor is out of proportion.
Roll call vote: Councilmembers Richards, yes; Pauls0n, no; Torre, no;
Semrau, yes; Mayor Klanderud, yes. Motion carded.
ORDINANCE #42, SERIES OF 2003 - Charter Amendments, Initiative
and Recall
John Worcester, city attorney, told Council these amendments, if approved
by Council, will be sent to the electorate in November. Worcester said there
are two reasons for these changes. One is that the state statutes contain
initiative, referendum and recall provisions that are more detailed than the
city charter. The other is that the City's Charter states an ordinance is
effective 5 days after publication, yet according to the referendum section
citizens have 30 days in which to start a petition. Worcester requested
Council input on the proposed changes before second reading.
In the current City Charter, the requirement for an initiative or referendum
petiti°n is'that 5 electors start the process. The state statute calls for "2
persons". Worcester recommended making the Charter requirement 2
persons. Council agreed. The next section is withdrawal of petitions. The
Charter allows a petition to be withdrawn any time prior to the 15th day
preceding the election by 3 members of the petitioner's committee.
Worcester pointed out the state statutes do not allow for withdrawal.
Worcester said if a petition has been certified and is ready to go to election,
3 people should not be able to withdraw the'question. Council agreed there
· should be no withdrawal allowed.
Worcester said the Charter requires initiative petitions be signed by electors
of the city of 15% of the total number registered to vote at the last general
municipal election. Referendum petitions must be signed by 10%. State
statute only requires at least 5%but allows up to 15% and 10%. CoUncil
agreed the required signatures should be 15% for initiative and 10% for
referendum as these are serious undertakings and should have a
representative amount of signatures of registered voters.
The section on the time for filing referendum petitions and effective date of
ordinances will change the Charter to state "No ordinance passed by the
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Regular Meeting Aspen City Council August 11, 2003
legislative body shall take effect before thirty days after its final passage and
publication". Council agreed.
Worcester told Council the City Charter contains no time limit to file an
initiative petition after it has been taken out. State statute limits this to no
later than 180 days after the City Clerk approves the form of the petition.
Council agreed with the time requirement of filing within 180 days. The
City Charter allows petitioners to "supplement" their petitions if the City
Clerk determines they are insufficient. There is no supplemental provision
in the state statute; however, Worcester recommended leaving this section as
is. Council agreed.
Worcester noted the current Charter requires that the repeal of any referred
ordinance may be affected only by a three-fourths majority vote of the entire
Council. No other ordinance before Council requires a 3/4 majority vote.
Council agreed this should be changed to a simple majority
The Charter requires a vote on initiative or referendum petitions within 30 to
90 days from the Council action. Worcester re commended adjusting this to
be the same as the state statutes, which is 60 to 150 days. Another Charter
section does not allow a special election in less than 60 days, and this time
frame would give greater flexibility to try and combine elections. Council
agreed to not less than 60 days and not more than 150 days.
The Charter requires 5 qualified electors to start the recall process and state
statutes require 3 to 5 persons to establish the committee. The only other
difference is the statement required on the petition for grounds for recall is
limited to 200 words; the City Charter limits the statement to 100 words.
Councilmembers Richards, Semrau and Mayor Klanderud agreed the
committee should be 5 qualified electors; Councilman Paulson and
Councilman Torte said it should be 5 registered electors.
Bert Myrin said as long as the supplemental requirement is left in, this
amendment contains no major changes.
Councilman Semrau moved to read Ordinance #42, Series of 2003; seconded
by Councilwoman Richards. All in favor, motion carried.
ORDINANCE NO. 42
(Series of 2003)
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Regular Meeting Aspen City Council August 11, 2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE CITY OF ASPEN HOME RULE
CHARTER BY AMENDING SECTION 2.5 TO ADOPT BY REFERENCE
THE PROVISIONS OF STATE STATUES FOR RECALL PROCEDURES;
AMENDING SECTION 4.9 TO CHANGE THE EFFECTIVE DATE OF
ORDINANCES AFTER THEIR ADOPTION; AND, BY AMENDING
ARTICLE V TO ADOPT BY REFERENCE THE PROVISIONS OF STATE
STATUTES FOR INITIATIVE AND REFERENDUM.
Councilman Semrau moved to adopt Ordinance #42, Series of 2003, on first
reading; seconded by Councilman Torre. Roll call vote: Councilmembers
Paulson, yes; Torre, yes, Richards, yes; Semrau, yes: Mayor Klanderud, yes.
Motion carried.
PUPPY SMITH PROPERTY/BALLOT LANGUAGE
Ed Sadler, assistant city manager, reminded Council this city owns property
on Puppy Smith street and the proposal from the Puppy Smith COWOP is to
move the existing cabin, renovate it and build an additional duplex. There
will be a total of 3 units on this property. The land was purchased with open
space funds; the proposal will need to go to an election in order to sell the
units.
John Worcester, city attorney, told Council this will need to go to an election
whether these are rental units or sale units. If these are rental units, it will be
a change in use of the property. If these are sale units, the question will ask
the voters for approval to sell the property. Worcester told Council he could
prepare two questions for Council's consideration at the next meeting.
Council agreed.
Bill Wiener pointed out the property due north of this site is a large meadow.
The city staffis planning a retention pond for this area and this will be a
major tourist attraction with waterfowl. Wiener said this proposes two
houses in front of the public access to this meadow. Wiener said the
question should be whether this project should go forward or not.
Mayor Klanderud said she, too, is concerned about this proposal. Council
can discuss this when they have the ballot questions in front of them.
Councilwoman Richards said she would like the ballot question to contain
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Regular Meeting Aspen City Council August 11, 2003
information on to whom this is being sold, for how much, what is the
subsidy, what will it cost the taxpayer. Councilman Paulson suggested this
could be a 3-part question (a) sale (b) rental (c) open space entrance. This
will be on the next agenda.
Councilman Semrau moved to go into executive session at 8:45 p.m.
pursuant to C.R.S. 24-6-402(4)(a), to discuss purchase or acquisition of
property; seconded by Councilman Torre. All in favor, motion carried.
Councilman Paulson moved to suspend the rules and extend the meeting to
10:00 p.m.; seconded by Councilwoman Richards. All in favor, with the
exception of Councilman Semrau. Motion carried.
Councilman Semrau moved to come out of executive session at 10:00 p.m.;
seconded by Councilwoman Richards. All in favor, motion carried.
Councilwoman Richards moved to adjourn at 10:00 p.m.; seconded by
Councilman Paulson. All in favor, motion carded.
Kathryn Koch
City Clerk
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