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HomeMy WebLinkAboutminutes.council.20060424 Rel!ular Meetinl! Aspen City Council April 24. 2006 PROCLAMATION - Aspen Crime Victims Rights Week................................................ 2 CITIZEN PARTICIPATION.. ....... .......... ... ............ .................... ..................................... ... 2 COUNCILMEMBER COMMENTS .................................................................................. 2 RESOLUTION #29, SERIES OF 2006 - Support Fire District Ballot Question............... 4 RESOLUTION #25, SERIES OF 2006 - Contract CDOT Maroon Creek bridge Utility Crossing .. .... ....................................... ....... ......... ... ................. ............. ... ......... ... ... .... .......... 4 RESOLUTION #27, SERIES OF 2006 - ARC/Durrant Settlement Agreement ............... 4 RESOLUTION #30, SERIES OF 2006 - Contract Wheeler Interior Marquee .................4 FIRST READING OF ORDINANCES..............................................................................5 . Ordinance #15, 2006 - Mother Lode Subdivision Amendment - 314 E. Hyman.. 5 . Ordinance #16, 2006 - Hannah Dustin Subdivision - 300 S. Spring..................... 5 . Ordinance #17, 2006 - Parking Fee Ordinance ......................................................5 . Ordinance #18,2006 - Code Amendment - Political activities of City Employees 5 ORDINANCE #2, SERIES OF 2006 - 202 N. Monarch Blu Vic Reconsideration........... 7 ORDINANCE #11, SERIES OF 2006 - 920/930 Matchless Drive SubdivisionIPUD ......8 ORDINANCE #14, SERIES OF 2006 - Supplemental Appropriation............................ 13 RESOLUTION #26, SERIES OF 2006 - Pay Station Purchase Contract ....................... 14 616 WEST MAIN HISTORIC PRESERVATION LOAN .............................................. 15 RESOLUTION #28, SERIES OF 2006 - Purchase of Aspen Mass................................. 16 RESOLUTION #32, SERIES OF 2006 - In Support of Roadless Areas......................... 16 MINUTES - April 10, 2006 ............................................................................................. 17 ORDINANCE #19, SERIES OF 2006 - Enacting a Temporary Moratorium ................. 17 1 Rel!ular Meetinl! Aspen City Council April 24. 2006 Mayor Klanderud called the meeting to order at 5 :00 p.m. with Councilmembers Torre, Richards, Johnson and DeVilbiss present. PROCLAMATION - Aspen Crime Victims Rights Week Mayor Klanderud and Council proclaimed April 23 to 29 as Aspen Crime Victims' Rights Week to recognize victims and those who serve them. Mayor Klanderud stated as individuals, a community and a nation, we should continue to support victims and value a system of justice. The proclamation was presented to assistant district attorneys Tony Hershey and Katie Stiers CITIZEN PARTICIPATION 1. Diana Ettlinger with Jennifer Carney, Mary Wolfer and Madeline Osberger, all purchasers under contract for lots at Burlingame, stated they have numerous unsolved issues and have come to a dead end working with city departments. Ms. Ettlinger requested a work session with Council to go over these issues. Mayor Klanderud said there is a work session on Burlingame lots tomorrow, April25th, and suggested they come to determine what the issues and possible solutions are. 2. Toni Kronberg requested Resolution #27,2006 - Durrant Lawsuit settlement be pulled from the consent agenda. Ms. Kronberg said it is exciting that Richard Quick is coming to the ARC; he did clinics at the James E. Moore pool. Ms. Kronberg said more parking is needed at seasonal Burlingame. Mayor Klanderud suggested this be scheduled for a BHI meeting. Ms. Kronberg told Council a new group, Friends of Rio Grande Park, will be conducting a survey to see if citizens would obj ect to relocating the recycle center across the street and to see what other uses citizens might find appropriate for that property. 3. John Harvey said free parking is offered to people with hybrid vehicles. Harvey said his vehicle is a retrofitted hybrid using vegetable oil but done by an individual and he would like to be able to qualify for the same benefit as people with hybrid vehicles and to offer free parking to others who retrofit their vehicles. Mayor Klanderud suggested Harvey contact Tim Ware, parking department, for the criteria to evaluate vehicles in order to qualify. Councilwoman Richards said she is very supportive of developing alternative fuels; part of the criteria to qualify for free parking is the level of emissions. Harvey said his vehicle has been tested and has fewer emissions than those using gasoline. COUNCILMEMBER COMMENTS 1. Mayor Klanderud thanked the environmental health and parks departments and Mitzi Rapkin for their big effort in putting on Earth Day. They all did a great job to make a very successful Earth Day. 2 Rel!ular Meetinl! Aspen City Council April 24. 2006 2. Mayor Klanderud said she attended the RFTA end of the season party. The response from the community with raffle prizes was stupendous. Mayor Klanderud noted all RFT A staff work very hard during the winter and summer seasons. 3. Mayor Klanderud asked Council if they would approve moving Ordinance #9, Resolution #9 and Resolution #29 in front of the first readings. Council agreed. 4. Councilman Johnson moved to add an emergency ordinance proposing a six- month moratorium on adopting new land use applications in various zone districts; seconded by Councilwoman Richards. Councilman DeVilbiss said he has reservations about this moratorium. Mayor Klanderud stated she, too, has serious reservations. Mayor Klanderud said there are other solutions to these shared concerns about construction activity and about future development. All in favor, with the exception of Mayor Klanderud. Motion carried. 5. Councilwoman Richards requested adding to the agenda a resolution to support conservation of roadless areas in the forest service. Governor Owens has set up a panel to take public comment on maintaining the current level of protection in roadless areas. 6. Councilwoman Richards requested a special meeting for consideration of Ordinance # 19, 2006, the temporary moratorium. City Clerk Kathryn Koch said this has been noticed for Tuesday, April 25th at 4 p.m. 7. Councilman DeVilbiss said Aspen has lost a number of prominent citizens, people who were respected and who will be deeply missed. 8. Councilman DeVilbiss stated it is difficult to express the contempt he feels for whomever topped the trees on east Hopkins. 9. Councilman Torre stated he attended a number of Earth Day activities; they were all great and thanks to everyone involved. 10. Councilman Torre requested Resolution #30, 2006, Wheeler Interior Marquee Contract, be taken off the consent calendar. 11. Randy Ready, assistant city manager, told Council there was an open house last week to go over several CDOT projects. One starts May 1 st and is the overlay Main Street project. The removal and replacement of concrete at the entrance to Aspen will take 3 weeks. Inbound traffic will have a minor detour. Outbound traffic will be detoured north on Sixth, west on Smuggler and back to the Highway at Eighth. It is absolutely necessary to replace the concrete. The other project is getting ready for the outbound bus lane on Main street. There is tree trimming, signing and re-striping. All the parking on the north side of Main street has been eliminated. 3 Rel!ular Meetinl! Aspen City Council April 24. 2006 Councilman Torre moved to continue Ordinance #9, 2006, 410 S. West End Street to May 8; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilman DeVilbiss moved to adjourn the public hearing on Resolution #9, 2006, Holiday House Conceptual PUD; this may be reconvened at a later date; seconded by Councilman Torre. All in favor, motion carried. RESOLUTION #29, SERIES OF 2006 - Support Fire District Ballot Question Councilman Johnson moved to approve Resolution #29, Series of2006; seconded by Councilman DeVilbiss. Councilwoman Richards said it is within Council's purview to pass resolution in support of or in opposition to ballot measures. It is not an expenditure; it is making Council's sentiments known. Councilwoman Richards thanked the volunteers ofthe fire department for their dedication for many years. Councilwoman Richards urged voters to vote yes on this proposal. Volunteers, neighbors, and community members looked at many locations for a fire station to serve the community for the next 100 years. Councilwoman Richards said this will allow a readaptive use of the current site to maintain a tradition in the downtown where it belongs. Mayor Klanderud thanked the COWOP and their work for making the recommendation to Council. All in favor, motion carried. RESOLUTION #25, SERIES OF 2006 - Contract CDOT Maroon Creek bridge Utility Crossing Councilman Torre moved to adopt Resolution #25, Series of 2006; seconded by Councilman DeVilbiss. All in favor, motion carried. RESOLUTION #27, SERIES OF 2006 - ARC/Durrant Settlement Agreement Toni Kronberg said she felt this could have been avoided by hiring a pool consultant. Ed Sadler, assistant city manager, told Council the city had a consultant who recommended the proper paint and provided the proper specifications and Durrant did not follow those specifications. Councilman DeVilbiss moved to approve Resolution #27, Series of2006; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #30, SERIES OF 2006 - Contract Wheeler Interior Marquee Councilman Torre said this proposed marquee does not conform to the city's lighting code. Mayor Klanderud agreed she is concerned this is in violation of the sign code and the city has made bars take lighted signs out of their windows. James Lindt, community development department, said it would require a code amendment to allow this marquee. 4 Rel!ular Meetinl! Aspen City Council April 24, 2006 Gram Slayton, Wheeler Opera House, told Council this is part of the first floor master plan and cat 5 wire has been installed for this marquee. Lindt said there are other businesses that have interior illumination and a code amendment would apply to those, like the Isis. Ed Sadler, assistant city manager, told Council during the renovation, it was decided that installing the wiring at the same time was so inexpensive rather than going back and putting it in at a later date. Councilwoman Richards stated she supports the many changes at the Wheeler. This is a modern innovation for a ticket office and there should be a way to make it work. Councilwoman Richards said she does not want to approve this before a lighting code amendment. Councilwoman Richards said she would like to know what this would look like from the street. Slayton said the timeliness of this contract is there are only two times during the season that improvements can be done. Mayor Klanderud said she would like to see a mock up as well as what other businesses might be affected by a lighting code amendment. Councilman Torre said the Wheeler is a historic building and he is hesitant to put television sets as coming attractions. Councilman Torre said the timelessness of the Wheeler is important. Councilman Torre asked if there is another method to get the same type of message across, not flat screen TVs. Councilman DeVilbiss agreed this type of display seems incongruous inthe context of the historic Wheeler Opera House. Council agreed they would like to see the code amendments first. Councilman Torre moved to approve Resolution #30, Series of2006; seconded by Councilman DeVilbiss. Everyone opposed. Motion NOT carried. FIRST READING OF ORDINANCES . Ordinance #15, 2006 - Mother Lode Subdivision Amendment - 314 E. Hyman . Ordinance #16, 2006 - Hannah Dustin Subdivision - 300 S. Spring . Ordinance #17,2006 - Parking Fee Ordinance . Ordinance #18,2006 - Code Amendment - Political activities of City Employees Councilman Torre moved to read Ordinances #15, 16, 17, and 18, Series of2006; seconded by Councilman DeVilbiss. All in favor, motion carried. ORDINANCE NO. 15 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE FIRST AMENDED PLAT - MOTHER LODE SUBDIVISION, ON THE PROPERTY KNOWN AS 314 E. HYMAN AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. 5 Rel!ular Meetinl! Aspen City Council April 24, 2006 ORDINANCE NO. 16 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS THE HANNAH DUSTIN BUILDING SUBDIVISION TO ADD 2,440 SQUARE FEET OF NET LEASABLE SPACE, TWO FREE MARKET RESIDENTIAL UNITS, AND THREE AFFORDABLE HOUSING UNITS TO THE PROPERTY LOCATED AT 300 SOUTH SPRING STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 17 Series of 2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 2.12.060 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND FEES RELATING TO PARKING ORDINANCE NO.18 (Series of 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 2.24.070 OF THE ASPEN MUNICIPAL CODE BY THE DELETION OF SUBSECTION (c) TO PERMIT CITY EMPLOYEES TO CAMPAIGN FOR ELECTED OFFICE WITHOUT HAVING TO TAKE A LEAVE OF ABSENCE WITHOUT PAY DURING THE PERIOD OF THE CAMPAIGN FOR SAID OFFICE. Councilman Johnson moved to adopt Ordinances # 15, 16, 17 and 18, on first reading; seconded by Councilman DeVilbiss. Mayor Klanderud said that free parking for hybrid vehicles should be indicated in this ordinance. Tim Ware, parking department, said that is shown in Section 24. Councilman DeVilbiss said some citizens indicated that this ordinance feels unfriendly. Councilman DeVilbiss noted another comment was that the extension of paid parking should be 1 block rather then 3 blocks. Mayor Klanderud said she received a comment about service vehicles. These comments should be part of the public hearing. Councilwoman Richards said she would like to vote on Ordinance #17 separately and withdraw it from the motion to approve. Councilman Johnson amended his motion to withdraw Ordinance #17; seconded by Councilman DeVilbiss. Councilman Torre brought up the code amendment regarding city employees to campaign. John Worcester, city attorney, said this has been a long standing rule in the city. Worcester noted the adopted ethical rules of conduct regulate how city employees conduct themselves and this section is redundant. The Code of Ethics regulate a situation 6 Rel!ular Meetinl! Aspen City Council April 24, 2006 where there is a conflict between a second job and the employee's responsibility. Councilwoman Richards said research shows no other municipality in the valley have a requirement that employees would have to take a leave of absence without pay to run for elective office. The issue is a fundamental right to public service. Councilwoman Richards noted the city manager is able to make a judgment if an employee were using their position for advantage in a campaign. Roll call vote; Councilmembers Johnson, yes; Torre, yes; DeVilbiss, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. Councilman DeVilbiss moved to adopt Ordinance #17, Series of2006, on first reading; seconded by Councilman Johnson. Councilman DeVilbiss stated the parking department will have to make a case for this ordinance at the public hearing to get his support. Roll call vote; Councilmembers Torre, no; DeVilbiss, yes; Johnson, yes; Richards, no; Mayor Klanderud, yes. Motion carried. ORDINANCE #2, SERIES OF 2006 - 202 N. Monarch Blu Vic Reconsideration Councilman DeVilbiss said a motion on the floor during the approval process would have provided access to the commercial project off Mill street and to the residential portion off Bleeker street. Councilman DeVilbiss said that was his preference. Councilman DeVilbiss agreed that the arguments for opening the alley off Monarch were correct. Councilman DeVilbiss said he has re-examined the site and feels the most appropriate resolution is for access for commercial from Mill street and a driveway off Bleeker for the residential. Councilman DeVilbiss said the applicants stated they would accept whatever access Council approved. Councilman DeVilbiss moved to adopt Ordinance #2 with the access off Mill street for the commercial and access off Bleeker for the residential; seconded by Councilman Torre. Mayor Klanderud stated the alley off Monarch is the preferred access. This is not open space; it is an unopened alley. Mayor Klanderud said any encroachments in this alley should be removed. Mayor Klanderud noted using Bleeker would require moving the Blu Vic. Councilman Johnson agreed the house must be moved if the Bleeker access is approved. Councilman Johnson noted this proposal would not decrease the number of curb cuts in the area. Councilman Johnson said there is no mechanism to insure that any future owner of either property not request the opening of this alley for access to the properties. Stan Clauson, representing the applicant, reminded Council during the presentation they were told a driveway off Bleeker would be 12'. Since then the fire marshal has indicated this driveway needs to be 16' and 55' into the property. Clauson said this will require 7 Rel!ular Meetinl! Aspen City Council April 24. 2006 some relocation of the house. As part of the reconstruction, the house will have to be lifted and a foundation provided. Tim Semrau, applicant, noted in the future Council may have to grant access offthe alley to the house on the north. Semrau said he would like Council to address how to insure the alley off Monarch stays closed. Mayor Klanderud agreed it is short sighted not to open the alley off Monarch for future access. Councilwoman Richards said Council does not know the future holds in terms of historic lots splits, the design of the mixed use building and what else may occur. Councilwoman Richards said she feels Bleeker street is the best access. Roll call vote; Councilmembers Johnson, no; DeVilbiss, yes; Torre, yes; Richards, yes; Mayor Klanderud, no. Motion carried. ORDINANCE #11, SERIES OF 2006 - 920/930 Matchless Drive SubdivisionIPUD Jennifer Phelan, community development department, told Council this is a request for subdivision and a PUD amendment by Christine and Peter Dodaro, 930 Matchless and Shirley Peterson, 920 Matchless. Ms. Phelan said this is also known as lot 5 of the Alpine Acres subdivision and is one lot with two single family historic landmark residences. Ms. Phelan said this property was annexed into the city in 1976 with 5 lots. Two of these lots were undeveloped and three lots had miner's cottages turned into duplexes by a shared common garage. Ms. Phelan said in 1986, lot 4 adjacent to this property, requested subdivision into 2 separate lots. The shared garages had been removed between the two houses on lot 4 and they requested fee simple ownership rather than condominiumization. During review, staff discovered an error, which showed Alpine Acres zoned medium density residential (R-6) rather than moderate density residential (R-15). Ms. Phelan noted R-6 allows a smaller minimum lot size, which would allow subdivision into two lots and R -15 zoning would not allow that subdivision. Ms. Phelan said in 1986, the owner oflot 4 had all other owners of the Alpine Acres subdivision come in as an application to rezone from R- 15 to R-6. The owners oflot 4 applied for a subdivision to allow two lots, 4-A and 4-B. Ms. Phelan said at that time the property owners offered a voluntary cap on floor area of the entire subdivision of 2,500 square feet/dwelling unit. During the public hearing at P&Z, the cap was negotiated to 2,486 square feet/dwelling unit. Ordinance #35,1987, rezoned the entire subdivision to R-6, added a PUD overlay to lots 4 and 5, which affects the minimum front yard setback for lot 5 and the minimum lot width for lots 4-A and 4-B and caps the allowable floor area for any dwelling unit in the subdivision to 2,486 square feet. Ms. Phelan noted in 2002, the owners oflot 4-A received approval for a PUD amendment for an addition. The floor area was capped at 2,486 square feet; the proposed design was 2,986 square feet and the PUD amendment allowed an HPC 500 square foot floor area bonus because of the excellent design. 8 Rel!ular Meetinl! Aspen City Council April 24, 2006 Ms. Phelan explained part ofthe request is to have fee simple and subdivision into two lots, 5-B or 920 Matchless, and 5-A, 930 Matchless, each lot containing a historic resource rather than condominiumized units. Lot 5-B is proposed to be 7,756 square feet with two detached single family residences. The applicants propose to rehabilitate the original historic structure with a small addition and add a single family house on the rear of the lot. Any additions or demolitions would be reviewed by HPC. Ms. Phelan showed a floor area comparison chart for 920 Matchless. The underlying zone district based on the size of a 7,700 square foot lot would allow a floor area 00,485 square feet. The 1987 ordinance allows a maximum of 2,486 square feet/dwelling unit. Ms. Phelan said if the underlying lot size creates a more restrictive floor area than 2,486 times 2, one would do the more restrictive floor area. The size of the lot is more restrictive than the 1987 ordinance, so 3,485 square feet would be allowed. Mayor Klanderud said if the restriction is 2,486 square feet, there is no documentation, which would allow 3,485 square feet. Ms. Phelan reiterated the 1987 ordinance states this is allowed up to a maximum of 2,486 square feet/dwelling unit. The more restrictive number should be used and when one uses the lot size and the calculation for two single family dwelling on 6,000 square feet that should be dropped to the more restrictive of 2,486 times two. For 920 Matchless, one would get 3,485 square feet total for the lot between the two units. Mayor Klanderud noted Ordinance #35,1987, did not take into consideration the lot size but limited the size of each dwelling unit. Mayor Klanderud said 2,486 square feet is the more restrictive. Councilwoman Richards said Ordinance #35,1987, with 2,486 square feet was based on 5 lots and 5 residences, not times any future lot splits. Ms. Phelan said staff s calculations were based on the proposed lot sizes. In the R-6 zone, using the more restrictive number, based on a 7,600 square foot lot and R-6 lot under 9,000 square feet with two single family residences, the code requires the floor area allowance for a single family rather than a duplex. The calculation for floor area for this lot comes to 3,485 square feet, total. Councilwoman Richards said if there were no lot split, how much more FAR is remaining. Ms. Phelan gave Council a chart showing the original lot size of 16,425 square feet, which is an existing duplex lot with two single family houses. Councilwoman Richards asked the amount of additional FAR allowed under the current conditions, the unbuilt FAR. The house on 930 Matchless is about 900 square feet and on 920 Matchless is about 1100 square feet. Ms. Phelan said there is about 3000 square feet of unbuilt FAR. Councilwoman Richards asked the increase in FAR if Council approves this amendment. Councilwoman Richards noted she does not oppose the subdivision to affect ownership structure; however, she does not want to increase the FAR. Ms. Phelan said staff viewed the more restrictive FAR to be allowed on 920 Matchless with two single family residences to be 3,485 square feet, which would be divided between the two residences. Ms. Phelan said 930 Matchless was reviewed by HPC for an addition on the single family residence and to build a detached garage with a voluntary 9 Rel!ular Meetinl! Aspen City Council April 24. 2006 ADU. This lot is 8,600 square feet. When the calculation for floor area is done based on the size of the lot in R-6 zone, the FAR is 3,609 square feet. Ms. Phelan noted the 1987 ordinance allows a maximum of2,486 square feet for a dwelling unit. This lot is proposed for a single family structure, restricted to 2,486 square feet. The design approved by HPC is 2,986 square feet, which includes a 500 square foot HPC bonus for exceptional design. The applicant is requesting 3,485 square feet for 920 Matchless and 3,486 square feet for 930 Matchless and to use the 500 square feet as a transfer of development rights for sale to help finance the project. Ms. Phelan said staffs recommendation is that 920 Matchless be limited to 3,485 square feet for 2 single family residences and 930 Matchless be limited to a single family residence with an ADU of 2,486 square feet and to be granted the allowance of a 500 square foot bonus. Councilwoman Richards said she thought the reason the 3,485 square feet exceeds 2,486 square feetlhouse was one of the structures already received a historic bonus. Ms. Phelan noted because ofthe size of the lots, both lots 5-A and 5-B are big enough to have two single family residences on each lot. Councilwoman Richards said the 1987 ordinance limits the amount of FAR. Ms. Phelan told Council the applicant has requested the PUD allow HPC the ability to waive parking and setbacks when they review this. Ms. Phelan noted the setbacks for 930 Matchless are in the ordinance and for 920 Matchless, the ordinances states the existing non-conformity will be allowed to continue. If the existing structure is torn down, they will meet the setback requirements. Ms. Phelan said staffs recommendation is that 920 Matchless be allowed 3,485 square feet total for the lot to be divided between the two single family dwellings and that 930 Matchless for a single family residence plus ADU be allowed 2,486 plus a 500 square foot HPC bonus. This was also the P&Z recommendation. Kim Raymond, architect for the applicants, said there was a precedent set with 950 Matchless. Ms. Raymond showed lots 4 A and B. In 2002, 950 Matchless was granted a 500 square foot bonus for lot 4A from HPC and they have 2,986 square feet. Ms. Raymond showed various renderings with existing houses at 930 and 920 Matchless. There is a drawing showing proposed floor area. The larger lot can accommodate two single family dwellings to total 3,485 square feet. Ms. Raymond showed drawings with scale models of the existing buildings and the proposed buildings. Ms. Raymond said they modeled this subdivision on 950 Matchless, which received approval for a subdivision. Ms. Raymond told Council they are requesting what is allowed under the code for 920 Matchless to have one house with an ADU. On 930 Matchless, the request is for 2,986 square feet plus an ability to create a TDR to help defray the costs of restoring the historic properties. Ms. Raymond said P&Z would have granted a TDR. Christine Dodaro, applicant, told Council when they purchased these properties, they were not historically designated and were designated after the Dodaros purchased it. Ms. 10 Rel!ular Meetinl! Aspen City Council April 24. 2006 Dodaro told Council it is much more expensive to go through the processes than to tear down and start over. Ms. Dodaro said TDRs were created in 2003 as an incentive for people with historical designation, and that is why they are asking for 500 square feet to turn it into a TDR rather than build. Ms. Dodaro told Council when the 1987 ordinance was adopted, the owners of 4-A and 4-B told them they would be included in this lot split and they were not. Councilwoman Richards asked the total available FAR to this ifit were unsubdivided. Ms. Phelan said in the R-6 zone for 16,425 square foot lot, the FAR would be 4,585 total square feet in two detached single family dwellings or one duplex. An ADU could be added. Councilwoman Richards said she cannot get from a currently allowed 5,085 square feet to over 7,000 square feet or granting 2,000 square feet more than is allowed. Ms. Raymond said the precedent is when lot 4 was split into two lots. Mayor Klanderud opened the public hearing. Jackie Kasabach, adjacent property owner, said she feels ADUs should be disregarded as they are built and not lived in. Mayor Klanderud closed the public hearing. Councilman Torre asked if the applicants also represent the Peterson Trust. Councilman DeVilbiss asked if they can commit for the Peterson Trust. Ms. Phelan said there is a letter in the application from Shirley Peterson allowing Ms. Raymond to represent her. Mayor Klanderud said Alan Becker got a 500 square foot bonus, which gave him a total of 2,986 square feet for his lot. Mayor Klanderud said she does not have a problem with 2,986 square feet but does have a problem with 3,485 square feet. Mayor Klanderud stated she is troubled by the request to ignore Ordinance #35, 1987, and grant 3,609 square feet of FAR allowed by R-6 zoning and then consider that a TDR that can be sold. Mayor Klanderud said properties that TDRs were envisioned for already had the FAR and could have built but were preserving the historical integrity of a smaller house. The TDR is an incentive to keep the house smaller. This request is to get more FAR and then turn it to a TDR. Councilman Johnson said the issue is R-6 zoning versus Ordinance 35,1987. Councilman Johnson stated he has an issue with 2 single family houses/lot. Ms. Phelan told Council the language is that each dwelling unit in Alpine Acres shall be restricted to a maximum floor area of 2,486 square feet. Ms. Phelan said when the applicants proposed to subdivide the property, stafflooked at the underlying zoning to see what allowed density would be on the newly created lots. One is allowed two dwelling units on each of the proposed lots. Councilman Johnson asked if the 1987 ordinance envisioned 5 lots with 5 structures, each limited to 2,486 square feet. Ms. Phelan said the ordinance envisioned 5 lots with a total of 10 dwelling units; the zoning allowed a duplex at that time. Councilman Torre asked 11 Rel!ular Meetinl! Aspen City Council April 24. 2006 ifthe lots would be able to split again, 4-A, 4-B and 5-A if the historic landmark allows a subdivision at 3,000 square feet. Ms. Guthrie said they go could through a historic landmark lot split, which would not increase the square footage but would allow separate ownership. Mayor Klanderud asked if this is a piecemeal approach to amending the PUD. Ms. Phelan noted only two of the lots from the original Alpine Acres subdivision have a PUD overlay; lots 1,2 and 3 do not have that PUD overlay. Ms. Raymond said this application is to make these two lots the same as the lots not under the PUD and lot 4 was previously subdivided. Ms. Phelan told Council lots 1,4, and 5 had miner's cottages with shared garages. Mayor Klanderud said there is a PUD in place although some lots are not included and it was previously amended. Ms. Raymond said the applicants had a meeting with staff who told them this application was consistent with what happened to lot 4. Mayor Klanderud stated she has no problem with the lot split but does have issues with the square footage. Mayor Klanderud said she could approve 2,486 square feet on both lots and give 930 Matchless a 500 square foot bonus. Ms. Raymond said two single family dwelling could be 3,485 square feet on 920 and 3,609 square feet on 930 Matchless according to R-6 zoning. Councilwoman Richards said the argument is 2,486 square feet would be the dwelling size under the PUD but ifthe property were subdivided, the FAR would be from the underlying zoning. Ms. Raymond said the request is to split lot 5 into two lots of7,000 and 9,000 square feet. James Lindt, community development department, told Council for lots not in the PUD, staff made an interpretation that the underlying zoning would apply or 2,486 square feet/dwelling unit whichever is more restrictive. Through the PUD, Council has the ability to establish the FAR, which is the basis of the application. Mayor Klanderud asked ifthere is any more information that would make this situation clearer. Councilman Torre said he is concerned about the ADU unit on 930 Matchless; the city has not had success with ADUs. Councilman Torre said he is not interested in seeing further subdivision on these parcels. Councilman Torre said cannot support granting TDRs, which would be creating development rights in order to be sold, which is not where the incentive came from. Councilman Torre said he has problems with how the FAR is used. Councilwoman Richards agreed with finding out ifthere is a better way to understand this application. Councilwoman Richards stated she does not support granting a TDR to be sold off. This incentive was for larger parcels that already had the FAR to unburden the site from this floor area. Councilwoman Richards said she would like to know what is allowed if Council does nothing, and what is the increase in floor area that is created by allowing this subdivision. Mayor Klanderud said she would like to look at eliminating the PUD and those consequences. The PUD restrains this lot. Ms. Raymond said the applicants can accept staff s recommendation of 2,986 square feet on 930 Matchless and 3,485 square feet on 920 Matchless. Mayor Klanderud stated she 12 Rel!ular Meetinl! Aspen City Council April 24. 2006 cannot accept that. Councilman Johnson stated he, too, cannot accept that floor area. Johnson said PUD is a planned unit development. Ordinance #35, 1987 said the maximum on this lot was to be 4,972 square feet; the applicant proposes 6,971 square feet, which is a difference of 1,999 square feet. Staff proposes 6,471 square feet, which is a difference of 1,499 square feet. Councilman Johnson stated he is also concerned about the possibility offurther lot splits. Councilman Johnson said the best argument in favor ofthis proposal is the pattern of existing development but he would like the questions other Council members have raised to be answered. Mayor Klanderud stated she can accept 2,486 square feet plus a 500 square foot historic bonus on lot SA for a total of 2,986 square feet and 2486 square feet on lot 5B. Councilman DeVilbiss moved to continue Ordinance #11, Series of2006, to May 8; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #14, SERIES OF 2006 - Supplemental Appropriation Paul Menter, finance director, told Council this is the second supplemental appropriation of the year; the first being for the Wheeler Opera House. Menter said the proposed changes to the operation budget of $40.4 million are carry forwards of $2.9 and new funding requests of $385,497. The capital budget of $36.3 million with carry forward project of$26.7 million and new requests of$1.9 million for a total of$65.4 million. The carry forward requests are $9 million for Burlingame, $2.5 million for Little Ajax and $500,000 for close out costs for Annie Mitchell. The parks and open space monies are $3.4 million for Smuggler, $3.1 for the water reclamation project and $700,000 Castle Creek/Rio Grande trail. There is also $3.8 in utility projects and $1.8 general fund AMP projects; $552,000 transportation and parking, $200,250 in Wheeler and $96,460 for the Marolt boiler. Menter stated the debt service budget will be decreased by $2 million due to savings in bond issuance. This amends the 2006 budget of $1 02,435,689 budget to $132,217,815. Mayor Klanderud opened the public hearing. Toni Kronberg requested Council appropriate $50,000 to hire a pool consultant, not an architect. Mayor Klanderud said the advisory committee should review this and if they feel a pool consultant is beneficial, the request should come from them. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Ordinance #14, Series of2006, on first reading; seconded by Councilman Johnson. Councilwoman Richards said Council has had communications from the Early Learning Center about the fiscal policies and the overall funding ofthe child care program. Councilwoman Richards requested a work session on child care issues. Councilwoman Richards said one issue she would like to discuss is the overhead being charged to child 13 Rel!ular Meetinl! Aspen City Council April 24. 2006 care. Councilman Torre asked about the request from the parks department for alley clearing. Steve Barwick, city manager, told Council the sidewalks crossing alleys are the city's responsibility to keep clear of snow. This is a difficult area to keep clear and this is an appropriation request from the parks department. Councilman Torre stated the request to fund parking meters in the residential area will keep him voting for this ordinance. Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes; Torre, no; Richards, yes; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to suspend the rules and extend the meeting to 10:30 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #26, SERIES OF 2006 - Pay Station Purchase Contract Tim Ware, parking department, told Council when paid parking was instituted in 1995, a residential component was included. Staff struggled with that component to try not to affect people visiting residential areas. The solution was a 2 hour parking, which was not designed for people to go out and move their cars. Ware reminded Council at a work session in February staff outlined a transportation demand management package to help relieve congestion. Ware said staff has added a cross town shuttle, changed the enforcement cycles, increased bus service and traffic congestion continues to grow. Ware told Council one of the proven tools for traffic congestion is parking management by means of revenue control with the pay stations. Staff feels this will work in the residential area. This added area of paid parking will not affect car pools, residential permits, lodge passes, hybrid vehicles; this will only affect people moving their cars every two hours. The paid parking is also part of the construction management program coming forward. Ware told Council there are 800 parking spaces downtown and 350 spaces in the parking garage. Once those are full, visitors have to park farther out of town. This should help ease that problem. This contract will provide 70 pay stations to expand the paid parking 3 blocks in each direction for a total of $700,000. The anticipated revenues should be $260,000 per year. Councilwoman Richards said she is concerned because she does not see a concurrent effort to increase transit service. Councilwoman Richards said there needs to be an effort to provide more mobility. There needs to be cohesion for new measures and new alternatives to get people out of their cars. This proposal does not offer those. Council is proposing a dialogue with the public on the entrance to Aspen. The biggest incentive in the previous package was an enhanced transit program. Councilwoman Richards said she has problems expanding the parking without working with partners in transportation to increase those programs. Councilman Torre stated he does not support this purchase; there are other ways to get this done. Councilman Torre said he would like to see more people buying the $5 pass rather than installing meters. Councilman Torre stated he prefers enhanced underground parking. Councilman Torre asked if there will be more staff. Ware said this proposal 14 Rel!ular Meetinl! Aspen City Council April 24. 2006 makes enforcement easier and will not require more staff. Ware said people can still purchase the $5 pass. Councilman Johnson said he feels paid parking has been demonstrated to be a successful part of transportation demand management. Councilman DeVilbiss said the city enacted a paid parking program when they were concerned about the amount of traffic coming into town. That program has been successful; ridership on RFTA increased, and the traffic increases stopped. Councilman DeVilbiss stated for these reasons he is in favor of purchase of more parking stations. Councilman DeVilbiss asked ifthere will be a public hearing on expanding paid parking. Councilman Johnson said he would like the public to weigh in before staff spends $700,000 on more parking meters. Councilman DeVilbiss said he does not want to render the public hearing on expansion of paid parking meaningless by approving this contract. Councilman DeVilbiss said the purchase is contingent on approving the fee ordinance on May 8th. Mayor Klanderud said she received 17 e-mails opposed to expanding the paid parking and 2 in favor. Mayor Klanderud said she received 2 verbal comments opposed to expanding paid parking. Mayor Klanderud said the city needs to be clear that some people are using different rules for this parking area and moving their car or rubbing the chalk off their tires and not paying. Mayor Klanderud said another consideration is when this parking is extended, the parking into residential neighborhoods will expand farther. Mayor Klanderud stated people feel entitled to free parking. There needs to be enforcement. Mayor Klanderud said she is not sure expanding paid parking is the answer. Councilman DeVilbiss agreed with comments stating this is a band aid; however, that is all the city can do right now. Any major action on traffic is years away. Councilman Johnson moved to approve Resolution #26, Series of 2006, and not have staff sign the contract until after the public hearing on the fee ordinance; seconded by Councilman DeVilbiss. All in favor, with the exception of Council members Torre and Richards. Motion carried 616 WEST MAIN HISTORIC PRESERVATION LOAN Amy Guthrie, community development department, said this is a request for a $25,000 no interest historic preservation loan to Jennifer Fleetwood, 616 West Main. This request is to refurbish the structure. This is an incentive for owners of historic buildings without any development application. The finance department has constructed a way to payout actual expenses for the work. Councilman DeVilbiss moved to authorize allocation of funds from unbudgeted general fund reserves towards a rehabilitation loan for replacement of the roof and repainting on the landmark structure at 616 Main; the loan not to exceed $25,000 to be determined by actual costs incurred for the improvements as submitted to the finance department and the city attorney's office shall execute appropriate paperwork to ensure timely replay of the loan; seconded by Councilwoman Richards. 15 Rel!ular Meetinl! Aspen City Council April 24, 2006 Councilwoman Richards asked for a report from staff on the repayment rates for previous historic preservation loans. Mayor Klanderud asked staff to look into higher loans due to the increase in property values and the importance to the community of preserving historic structures. All in favor, motion carried. RESOLUTION #28, SERIES OF 2006 - Purchase of Aspen Mass John Worcester, city attorney, said this authorizes the payment of $600,000 to purchase Aspen Mass from Pitkin County. Aspen Mass was jointly purchased by the city and county several years ago. The resolution refers to 3 TDRs, 2 of which will come to the city and 1 will go to Pitkin County in return for placing a conservation easement over the parcel, which has 3 development rights. Worcester noted the 3rd TDR is a county TDR and may not land in the city other than at Burlingame, which was authorized as part of the pre-annexation agreement. Councilwoman Richards said when this is complete, the housing fund will be repaid and asked if that includes interest on the $1 million. Steven Ellsperman said the interest is the TDRs. Councilwoman Richards asked if the housing fund will own the TDRs. Worcester said that has not been agreed to by Council. Councilwoman Richards said this money was taken out of the housing fund for 6 or 7 years and it is important that the housing fund be reimbursed interest on this money. Councilwoman Richards noted this property is being sold to the open space fund for the same amount it was purchased in the 1990's. The city did not get an appraisal for what it is worth in 2006. Councilwoman Richards said it is wrong to ask the housing fund to forego both appreciation and interest. Councilwoman Richards said there has been no commitment to do the right thing with housing fund monies. Councilwoman Richards asked the interest on this loan. Paul Menter, finance department, said he calculated the interest at $600,000 and the city's share at $375,000. Two TDRs would about equal that amount. Councilman Johnson said it is important for funds to repay other funds. Councilwoman Richards moved to approve Resolution #28, Series of2006, for the purchase of the Aspen Mass property with the understanding that the city's 2 TDRs will be owned by the housing fund; seconded by Councilman DeVilbiss. All in favor, with the exception of Councilman Torre and Mayor Klanderud. Motion carried. RESOLUTION #32, SERIES OF 2006 - In Support of Roadless Areas Councilwoman Richards said a group has been convened, Citizens for Roadless Area Defense, noting it is important to go on the public record when the state task force holds public meetings in June. The Clinton administration inventoried all the currently roadless area in forest service ownership. There is a citation of all those acres that come from that 16 Rel!ular Meetinl! Aspen City Council April 24, 2006 inventory. The Clinton administration passed a rule that all roadless areas remain so. President Bush ran on a campaign that he would leave those areas roadless. That rule has been rescinded and it is up to individual state's governors to make that recommendation. Some governors have said they would like all roadless areas to remain under state protection. Colorado's governor decided to hold public hearings. Councilwoman Richards said this resolution will be presented to every local government within and near the White River national forest. Councilman DeVilbiss stated he supports maintaining roadless areas however, he would like to see the inventory on which these numbers of acres is based. Councilman DeVilbiss said the resolution states 96,000 public comments were received and he would like to know where that number came from. Councilwoman Richards said the resolution can be amended to delete these specific numbers. Councilman Torre moved to approve Resolution #32, Series of 2006, with fact checking and numbers checking; seconded by Councilman DeVilbiss. All in favor, motion carried. MINUTES - April 10, 2006 Councilwoman Richards moved to approve the minutes of April 10, 2006; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #19, SERIES OF 2006 - Enacting a Temporary Moratorium Councilman Johnson said the land use code is the city's legal tool to implement the AACP and the goals and visions ofthe citizens. Councilman Johnson said since he has been voting as a Councilperson, he has seen several projects that stray from the AACP. Councilman Johnson stated in re-reading the land use code and the AACP, he finds areas in the land use code that are not helping the city achieve their goals and some areas that are preventing achievement ofthese goals. Councilman Johnson opined the land use code needs to be rewritten to better codify the goals of the Aspen Area Comprehensive Plan. Councilman Johnson stated time is necessary to do that and only a moratorium will give the city that time. Councilman Johnson said the code prevents the city meeting their goals in residential multi-family demolition and replacement. Using code sections, it is unlikely that the affordable housing goals can be met. Councilman Johnson stated locally serving businesses are being lost faster than they can be replaced, which is the opposite goal of both the AACP and the economic sustainability report. Councilwoman Richards said it is difficult to tackle an issue as large as this. The tool of moratorium exists so that local governments can have a chance for thorough, open and public dialogue about those issues without applications pouring in while revisions are being considered. Councilwoman Richards noted Council recently adopted an emergency ordinance cutting the growth rate from 37 to 18 residential allotments/year. Councilwoman Richards said at that time, she asked staff if there were exemptions from the 18 units/year and were told there were no other exemptions. It now appears 17 Rel!ular Meetinl! Aspen City Council April 24, 2006 subdivisions are exempt and do not count towards growth. Councilwoman Richards said she would like time to make sure the big picture is not being missed and take time to review the city's goals. Councilwoman Richards stated a lot of good work went into the infill code amendments and she agrees with many of the principles of in fill. Councilwoman Richards noted market values are much higher than when the infill code amendments began. Councilwoman Richards said the concessions in the code amendments may have been too much. Councilwoman Richards said she would like to be able to review these concessions. Councilwoman Richards said for her one issue is the rate of growth. Councilwoman Richards said she does not want to see another summer shaping up as this one is. Councilwoman Richards stated the rate of growth is higher than the I or 2% expected by the code and the community. Councilwoman Richards said rather than review projects under a code that is not right, she would prefer to approve a moratorium and work to change the codes. Councilman Johnson said the proposal is a 6 month moratorium on accepting new applications in the commercial, lodge and RMF districts. Councilwoman Richards moved to read Ordinance #19, series of2006; seconded by Councilman Torre. Councilman DeVilbiss said the march towards second homes is a problem for the community. Councilman DeVilbiss stated he would like to include a moratorium on the issuance of building permits, which would have an immediate impact on slowing the growth and giving a measure of peace to the city. Councilman DeVilbiss stated he wants to make certain that section 26.470.040(3) incentive lodge development is part of any moratorium adopted. Mayor Klanderud stated it is not good timing for a moratorium. Mayor Klanderud agreed each Councilperson has several concerns about issues in the land use code. Mayor Klanderud said the city has tools to deal with those concerns. Mayor Klanderud stated she cannot support a Draconian measure like a moratorium. Mayor Klanderud said she does not support exempting essential public facilities. Mayor Klanderud said if the a project does not get the community what they want, Council should say no to that proposal. Councilman Torre moved to suspend the rules and extend the meeting to II p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilman Torre stated this is a convergence of a lot of factors and he supports a 6 month moratorium. Councilman Torre said code revision is one reason for this moratorium, the impact of construction is another reason. Councilman DeVilbiss said he would amend the ordinance to include scrape and replacement development, omitting Smuggler Park, to include issuance of building permits and to make sure section 26.470.040(3) incentive lodge development is included. 18 Rel!ular Meetinl! Aspen City Council April 24, 2006 Councilman Johnson stated he supports the spirit of in fill and worked hard on it. Councilman Johnson said what infill has done is not what he envisioned. Councilman Johnson stated he wants the tools ofthe Aspen Area Comprehensive Plan and the land use code to be in accordance with one another so that Council can deny projects that do not fit the goals. Councilman Johnson said all Council is concerned about the direction Aspen is going and about the rate and pace of growth. Councilwoman Richards said it is appropriate to leave essential public facilities out of the ordinance. Councilwoman Richards noted this moratorium deals with zones that were affected by infill amendments and all of those have components of reduced mitigations or increased F ARs. The applications would have requests for changes in use, increased FAR. The essential public facility applications do not have commercial aspects; they do not have a change in use. The only two essential public facilities that might have applications right now are the recycling center to keep a recycling center and a fire station to keep a fire station. Councilwoman Richards said she does not intend to use the moratorium as a pacing device but as a chance to fix the code. Councilwoman Richards stated she is looking to find a measured approach. It is important to separate the issues. Scrape and replace development is a separate issue. Councilwoman Richards said she supports a moratorium on those portions of the code affected by the infill code amendments. Councilwoman Richards stated if the moratorium is defeated, she would move to direct the community development department to develop a program to hire outside consultant to begin this review as outlined without a moratorium. It is Council's obligation to undertake this work. Councilman Torre stated he cannot accept a building permit moratorium. Councilman Torre said he is willing to hear more discussion at the second reading about that moratorium. Councilman Torre said he can accept an addition of a condition to hire an outside consultant to review the land use code. All in favor, with the exception of Mayor Klanderud. Motion carried ORDINANCE NO. 19 (Series of 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IMPOSING A SIX MONTH TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY NEW LAND USE APPLICATION SEEKING A DEVELOPMENT ORDER AND ON THE ISSUANCE OF CERTAIN BUILDING PERMITS FOR PROPERTY LOCATED IN THE RESIDENTIAL MULTI-F AMIL Y (R/MF), RESIDENTIAL! MULTI- FAMILY (R/MFA), COMMERCIAL CORE (CC), COMMERCIAL (C-I), SERVICE/ COMMERCIAUINDUSTRIAL (S/C/I), NEIGHBORHOOD COMMERCIAL (NC), MIXED USE (MU), LODGE (L), COMMERCIAL LODGE (CL), LODGE OVERLAY (LO), LODGE PRESERVATION OVERLAY (LP) ZONE DISTRICTS OF THE CITY OF 19 Rel!ular Meetinl! Aspen City Council April 24, 2006 ASPEN, (EXCEPTING THEREFROM LAND USE APPLICATIONS FOR ESSENTIAL PUBLIC FACILITIES); AND, DECLARING AN EMERGENCY. Councilwoman Richards moved to adopt Ordinance #19, Series of 2006, on first reading; seconded by Councilman Johnson. Councilwoman Richards said she feels second consideration would be a more appropriate time to add a moratorium on all building permits. The action would the table would close the door on activities in the infill-affected zones and give the city time to revise the codes. The next level would be to do that as well as issuing any building permits and the third level would be a moratorium on replacement of single family houses. Councilwoman Richards said she is only interested in the motion on the table. Councilman DeVilbiss suggested Council vote on each of his amendments. Councilman Johnson stated he is okay with adding the incentive lodge development, okay with requiring a consultant. Councilman Johnson said he would prefer to see scrape and replace in a separate ordinance and would consider it. Councilman Johnson said he has a problem with not issuing building permits to projects that are already approved. Mayor Klanderud said Aspen is going into construction season and to say no building permits would wipe out this season. Councilwoman Richards moved to amend Ordinance #19, Series of2006, to specifically include the incentive lodge district and to include the community development department to develop a request for proposals to hire independent consultants/professions to assist in reviewing and potentially rewriting portions of the code sections; seconded by Councilman DeVilbiss. Roll call vote; Councilmembers Richards, yes; Johnson, yes; DeVilbiss, yes; Torre, yes; Mayor Klanderud, no. Motion carried. Councilman DeVilbiss moved to amend Ordinance #19, Series of2006, to add scrape and replacement development in the moratorium excepting Smuggler Park; seconded by Councilman Johnson. Councilwoman Richards said the moratorium ordinance applies to commercial and residential multi-family. Councilwoman Richards stated she cannot support scrape and replace moratorium on single family residential. Councilwoman Richards said Council has directed staff to work on a pacing mechanism and she supports an appropriation to hire help to write that code amendment. Councilman Johnson said he will support this to hear more about it at the second meeting. Roll call vote; Councilmembers Torre, yes; DeVilbiss, yes; Johnson, yes; Richards, no; Mayor Klanderud, no. Motion carried. Councilman DeVilbiss moved to amend Ordinance #19, Series of2006, to include a moratorium on the issuance of all building permits for six months; seconded by Councilman Johnson. 20 Rel!ular Meetinl! Aspen City Council April 24, 2006 Councilman Torre moved to suspend the rules and extend the meeting to 11 :30 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. Councilwoman Richards stated this should be a separate moratorium. Councilwoman Richards said she cannot support a moratorium on building permits on already approved projects. Councilman Johnson asked if Councilman DeVilbiss could conceive of exempting already approved projects. Councilman DeVilbiss said he would like this amendment to get this to second reading for more discussion. All in favor, with the exception of Councilwoman Richards and Mayor Klanderud. Motion carried. Councilman DeVilbiss moved to adopt Ordinance #19, Series of2006, as amended above; seconded by Councilwoman Richards. Roll call vote; Councilmembers Torre, yes; Richards, yes; Johnson, yes; Councilman DeVilbiss, yes; Mayor Klanderud, no. Motion carried. Councilman Torre moved to go into executive session at 11 :20 p.m. on two separate issues; acquisition of property pursuant to C.R.S. 24-6-402(4)(a) and conference with counsel pursuant to C.R.S. 24-6-402(4)(b); seconded by Councilman DeVilbiss. All in favor, motion carried. Councilman DeVilbiss moved to come out of executive session at II :45 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to adjourn at II :45 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. ~~ 21