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HomeMy WebLinkAboutminutes.council.20100412Re¢ular Meeting Aspen City Council April 12, 2010 RED DUST ON SNOW ..................................................................................................... . 2 CERTIFICATION OF APPRECIATION - Dazyl Grob Fire Chief .................................. . 2 PROCLAMATION -National Exercise Month ................................................................ . 2 PROCLAMATION -Colorado Architecture Month ........................................................ . 2 CITIZEN PARTICIPATION ............................................................................................. . 3 COUNCILMEMBER COMMENTS ................................................................................. . 5 CONSENT CALENDAR .................................................................................................. . 5 • Resolution #25, 2010 - 2010 Concrete Replacement Contract ............................. . 6 • Resolution #26, 2010 -Jennie Adair Water Supply Contract ................................ . 6 • Resolution #27, 2010 -Contract Western Colorado Preschool Cooperative........ . 6 • Resolution #28, 2010 -Agreement with Aspen Consolidated Sanitation District . 6 • Resolution #29, 2010 -Renewal of ARC Concessionaire Contract ..................... . 6 • Resolution #30, 2010 -Wheeler Box Office Website Redesign ........................... . 6 • Minutes - Mazch 22, 31, 2010 ............................................................................... . 6 RESOLUTION #32, 2010 - EOTC 2010 '/z cent Sales & Use Tax Budget ...................... . 6 ORDINANCE #9, SERIES OF 2010 -Miscellaneous Code Amendments ...................... . 6 ORDINANCE # 10, SERIES OF 2010 -Supplemental Appropriations ........................... . 7 RESOLUTION #31, SERIES OF 2010 -Expansion of Saturday Mazket Hyman Avenu e8 ORDINANCE #7, SERIES OF 2010 - 301 W. Hyman Affordable Housing PUD.......... . 8 ORDINANCE #8, SERIES OF 2010 -Code Amendment Exemption to Real Estate Transfer Fax ...................................................................................................................... 11 1 Regular Meeting Aspen City Council April 12, 2010 Mayor Ireland called the meeting to order at 5:07 p.m. with Councilmembers Romero, Torre and Johnson present. RED DUST ON SNOW David Garba, Southern Utah Wilderness Alliance, showed the dust on snow caused by winds from the west. Garba told Council researchers have found in the San Juan mountains of Colorado dust shortened the coverage of snow pack 18 to 35 days. Garba said in 2009, snow melted off 48 days earlier. Dirty snow absorbs more energy from the sun. Garba told Council the city's water department has a difficult time removing red particulates from the water supply. Garba showed a wind flow pattern from 2009 to show that the dust comes from the four corners region. Garba pointed out in Utah most of that area is managed by the federal government, which land is available to oil and gas development and off road vehicles. Garba said both of those uses destabilize soil and makes the land susceptible to wind storms and erosion. Garba suggested a solution that sensitive desert lands be protected as wilderness. Kim Peterson, canary initiative, noted there are two presentations of red dust on snow open to the public. Mayor Ireland asked what effects this snow melting has on Aspen. Ms. Peterson said if the snow melts early, it affects the city's water supply. The timing of the dust snow last week is traumatic to Aspen's snow melt. Ms. Peterson asked Council to sign a letter to Colorado's senators, which they agreed. CERTIFICATION OF APPRECIATION -Daryl Grob Fire Chief Chris Bendon, community development department, staff and Council presented Daryl Grob, fire chief, an "R" is for Planning award, a unique and highly coveted award, for his foresight in planning and developing 4 fire stations, while running a volunteer fire department. Mayor Ireland and Council proclaimed April 12`h "Daryl Grob" week PROCLAMATION -National Exercise Month Councilman Torre read a proclamation for May 2010 as national exercise is medicine month and encouraged citizens to participate in activities in the interest of better health and quality of life for all. (Councilman Skadron came into the meeting) PROCLAMATION -Colorado Architecture Month Councilman Johnson read a proclamation for Colorado Architecture Month noting how architecture impacts how people live, work, and play and how architecture can preserve natural resources and urges all citizens to enjoy the architecture and design variety in Aspen. Regular Meeting Asaen City Council April 12, 2010 CITIZEN PARTICIPATION 1. Shae Singer told Council about a new two-day event taking place over Earth Day weekend, Apri124 and 25. There will be over 55 eco-conscious vendors, demonstrations, there will be a green tie ball, and chefs will prepare foods from around the state of Colorado. There will be aneco-fashion show. Ms. Singer invited all to participate. Ms. Singer told Council they applied for city funding, did not qualify and elected to put this on funded by the vendor fees. 2. Eric Haynie told Council he had pictures he would like to show. Jim True, city attorney's office, said it is not appropriate to show these without the consent of the property owner. True told Council there are pictures in the city domain and there has been some action on the part of city staff. Haynie told Council the interior of this house is 2' to 8' deep with objects. Haynie said he shares a wall with this person; there is butane and propane in the house. Haynie has sent Council a letter outlining his concerns. Haynie said he has discussed this issue with many staff members and no action has been taken and he feels this house is uninhabitable. Haynie requested someone inspect this house and to fix the fire hazard dangerous, the wiring dangers. Haynie told Council he and his family have moved away because of the dangers of living next door to this house. Haynie said the property owner has said he has removed the flammable materials and has fixed the wiring but there should be an inspection. Haynie said there was court action last year but he feels the hazards still exist in the house. Councilman Tone asked if there is a statute under which this falls with an action for the city to pursue. True told Council the city has some ability to address health, safety, fire hazards. True said the fire department has purview over the hazardous materials and did investigate and worked with the owner. The city staff looked at the wiring issues and these were addressed. True told Council although the city does have concerns over health, safety issues, staff felt they have gone as far as they could on the alleged violations on this property. Mayor Ireland asked the last time there was an inspection of the interior of this structure Ed Van Walraven, fire marshal, told Council the fire department went in there 2 or 3 weeks ago to look at a gas leak. Van Walraven said the fire department did get a complaint about hazardous materials inside. Van Walraven told Council he advised the owner there were flammable and combustible liquids that had to be removed. Van Walraven said the owner took all the cans out of the house and put them on a trailer. Van Walraven said he has been working with this property owner for several years on these issues. Van Walraven told Council he did not go into the house; he asked the property owner for permission but he does not want anyone in the house. Mayor Ireland said Council would like a visual inspection to insure compliance about the flammable and combustibles; however, Council should receive advice from the city attorney on this issue. True told Council it would require a court order to enter the premises without the owner's agreement. True suggested trying to get the owner of the property to sit down with the neighbors to discuss an appropriate resolution. Mayor Re¢ular Meetin¢ Aspen City Council April 12, 2010 Ireland said Council does not know whether everything that needed to be done was done and this should be verified. Haynie said the neighbors would like verification that there aze no flammables or combustibles inside the property and that the open wiring has been taken care of. Stephen Kanipe, building department, told Council the electrical issues were addressed and he saw photographic evidence. Kanipe said they did see evidence of open wiring. The light switch in mechanical room has been taken care of with a properly installed fixture. Kanipe asked about any work done to the electrical, plumbing, or gas pipe systems and the owner stated since he purchased the property in 1978 he had done no work that would require permit. Ellen Marshall, neighbor since 1968, told Council they have tried to help the property owner with trucks and labor to move the refrigerator, water heater, and other items off the property. Ms. Marshall said there has to be a balance of rights between the property owner and the neighbors. Ms. Marshall said she is very concerned about health, safety and fire in this structure. Toni Kronberg suggested getting social services involved. Council suggested having an executive session to receive advice from the city attorney's office. Mickey Spaulding, manager of property across the river, encouraged Council to look at the mess from the west side of the river. Spaulding told Council he receives many requests from his homeowners to do something about this mess. Dale Hower said this problem has been going on for a long time and it does not seem that the neighbors have been listened to by the staff. 3. Toni Kronberg requested the EOTC budget be taken off the consent calendaz. Ms Kronberg noted there is a work session on the recycle center Apri127`h. Ms. Kronberg said she would like to see the recycle center moved and that area be turned back into a pazk. Ms. Kronberg suggested a warm water pool be installed in the Rio Grande pazk where the basketball court is located. Ms. Kronberg said there is a meeting scheduled in May for the library park plaza. 4. Andrew Kole said CCLC would like clarification on the summer clowns and mimes and music and whether there is funding available or not. Councilman Torre said he had budgetary concerns about mall programming and has the budget been scaled to a better number. Councilman Torre suggested performers be allowed in the mall for just tip revenue. Councilman Tone said a $20,000 budget is exorbitant and does not need to be spent and paying people who used to do this for tips. Kole said the clown performers cost about $10,000 and it was nice to have those entertainers and the music organized. Councilman Skadron said he would like the analysis on return on the city's investment and an evaluation of the program before doing anything. 5. Pat Newkam said the property owner's were not heard during the trash can discussion. Newkam said Council voted for beaz proof trash cans that do not work. Newkam told Council he does not have a garage in which to store these trash cans. Newkam said Council should have a place where phone messages can be left. Mayor Ireland said he received a message about making available at a lower cost bear proof 4 Regular Meeting Aspen City Council April 12, 2010 trash cans. Mayor Ireland suggested a "bear proof' fair where different types of trash cans would be available for the public to inspect. Mayor Ireland said Council's direction is to go ahead with this program. There were 19 bears killed in Aspen last year; Vail had 2 bears killed as they had this bear proof trash can program in effect. Mayor Ireland stated the program cannot revolve around a few citizens saying the trash cans do not work. The experts say the trash cans do work. Councilman Torre said he had reservations about the program; however, this is a program to assist the community, not penalize it and there are many models of beaz proof trash cans available. Newkam said his trash can was built by his family; it has been hit by many bears and no bear has gotten in it. Mayor Ireland said Newkam can work with the police department to get his trash can verified. COUNCILMEMBER COMMENTS 1. Councilman Romero thanked those who participated in a fund raiser several weeks ago for a candidate for governor. 2. Councilman Torre noted there are tours being given by the fire station. 3. Councilman Torre said the closing of Aspen Highlands was a great party and a good community feeling. 4. Councilman Torre said the disabled veteran's were here last week and another great program was put on for them. Councilman Torre thanked the Elk's, Aspen Skiing company and the thousands of volunteers. 5. Councilman Johnson thanked everyone for putting on a good face and energy through a tough economic season. 6. Mayor Ireland noted Sam Ferguson, a disabled skier, wants to go to the Olympics and there will be fund raisers held for him. 7. Mayor Ireland thanked the Aspen Skiing company for doing an awesome grooming job on Aspen mountain this winter. 8. Mayor Ireland urged everyone to complete the census; the higher the returns, the better for the community. 9. Mayor Ireland said he does not feel an all mail ballot is a good idea; it is more open to misuse and a certain class of people have more difficulty voting in this manner. CONSENT CALENDAR Councilman Torre moved to adopt the consent calendar as amended; seconded by Councilman Johnson. The consent calendar is: Regular Meeting Aspen City Council April 12, 2010 • Resolution #25, 2010 - 2010 Concrete Replacement Contract • Resolution #26, 2010 -Jennie Adair Water Supply Contract • Resolution #27, 2010 -Contract Western Colorado Preschool Cooperative • Resolution #28, 2010 -Agreement with Aspen Consolidated Sanitation District • Resolution #29, 2010 -Renewal of ARC Concessionaire Contract • Resolution #30, 2010 -Wheeler Box Office Website Redesign • Minutes - Mazch 22, 31, 2010 All in favor, motion carried. RESOLUTION #32, 2010 - EOTC 2010 %z cent Sales & Use Tax Budget Councilman Skadron noted the decision at the EOTC meeting was to extend free bus service to Snowmass for 3 yeazs; this is to support free bus service for one year. Mayor Ireland said Council cannot bind future Councils to a financial obligation; the discussion was a policy decision. Mayor Ireland said the city will have to address the shortfall in revenues caused be rescinding the 1/10th of a percent. Toni Kronberg brought up the aerial connection and the November ballot. Ms. Kornberg said other highway alternatives have funding for technical studies. Councilman Torre said that is not part of this resolution. Ms. Kronberg said she would like to know how to get funding for the aerial connection, through the EOTC '/z cent or through supplemental appropriation. Mayor Ireland said Council will have a work session on Entrance to Aspen work sessions at which time Ms. Kronberg may present proposals. Councilman Johnson stated he is in favor of supporting free transportation between Aspen and Snowmass, especially in the economic times. Councilman Romero moved to approve Resolution #32, Series of 2010; seconded by Councilman Johnson. All in favor, motion carved. ORDINANCE #9, SERIES OF 2010 -Miscellaneous Code Amendments Councilman Tone moved to read Ordinance #9, Series of 2010; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE N0.9 (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING SECTIONS FO THE CITY OF ASPEN LAND USE CODE: 26.470.060.7, 26.510.110.B.4, AND 26.575.030.E Regular Meeting Aspen City Council April 12, 2010 Drew Alexander, community development department, told Council this makes some minor amendments to the land use code, like allowing banners on Main street for defined occasions without requiring Council approval and allowing temporary outdoor food vending on private property for 12 months rather than 6 months. Councilman Torre asked about other temporary food carts. Alexander reminded Council at a work session, Council did not approve going ahead with temporary vending on public rights-of--way. Chris Bendon, community development department, told Council staff will bring back vending on public rights-of--way in the future. Councilman Torre said he does not feel food vending carts aze a big success and he hears from the public against vending on public property. Councilman Skadron stated he supports vending on public rights-of--way and will be interested in that work session; there aze compelling reasons for vending, economic, vibrancy and accessibility. Mayor Ireland brought up signs allowing direction to a shop that has changed locations and asked staff to come up with a solution Councilman Skadron moved to adopt Ordinance #9, Series of 2010, on first reading; seconded by Councilman Johnson. Roll call vote; Romero, yes; Skadron, yes; Torre, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #10, SERIES OF 2010 -Supplemental Appropriations Councilman Torre moved to read Ordinance #10, Series of 2010; seconded by Mayor Ireland. All in favor, motion carved. ORDINANCE NO. 10 (Series of 2010) AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET MANAGEMENT PLAN FUND EXPENDITURES OF $2,470,400, AN INCREASE IN THE GENERAL FUND OF $2,342,230, A REDUCTION IN THE PARKS AND OPEN SPACE FUND OF $464,530, AN INCREASE IN THE WHEELER OPERA HOUSE FUND OF $664,070, AN INCREASE IN THE TRANSPORTATION FUND OF $456,400, AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF $1,630,190, AN INCREASE IN THE KIDS FIRST FUND OF $257,360, AN INCREASE IN THE STORMWATER FUND OF $381,980, AN REDUCTION IN THE DEBT SERVICE FUND OF $560,560, AN INCREASE IN THE PARKS AND OPEN SPACE CAPITAL FUND OF $1,378,530, AN INCREASE IN THE WATER FUND OF $3,047,750, AN INCREASE IN THE ELECTRIC FUND OF $1,775,930, AN INCREASE IN THE RENEWABLE ENERGY FUND OF $5,275,220, AN INCREASE IN THE PARKING FUND OF $515,200, AN INCREASE IN THE GOLF COURSE FUND OF $135,000, A REDUCTION IN THE TRUSCOTT FUND OF $319,250, A REDUCTION IN THE MAROLT FUND OF $3,420, AN INCEASE IN THE EMPLOYEE HEALTH INSUARANCE FUND OF $19,000, AN INCREASE IN THE EMPLOYEE HOUSING FUND OF $14,080, A REDUCTION IN THE HOUSING ADMINASTRITION FUND OF $11,590 AND AN INCREASE IN THE SMUGGLER FUND OF $5,000 Regular Meeting Aspen City Council April 12, 2010 Mayor Ireland asked about the $5 million expenditure for the energy department. Don Pergande, finance department, told Council this is a capital project for the Castle hydro plant that was approved in 2009 and need to be re-appropriated in 2010. Steve Barwick, City Manager, said typically for government budgets, the entire amount is appropriated the year in which the project is approved and then re-appropriated each year the project is on going. Pergande pointed out most of this supplemental appropriation is for projects approved in 2009 and being re-appropriated. Councilman Tone moved to adopt Ordinance #10, Series of 2010, on first reading; seconded by Councilman Johnson. Roll call vote; Skadron, yes; Tone, yes; Romero, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #31, SERIES OF 2010 -Expansion of Saturday Market Hyman Avenue City Clerk Kathryn Koch reminded Council they had a work session on March ls` on possible expansion of the mazket to Hyman Avenue. Agreements have been worked out with the businesses that were not in favor of the expansion. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Skadron moved to approve Resolution #31, Series of 2010; seconded by Councilman Johnson. All in favor, motion carved. ORDINANCE #7, SERIES OF 2010 - 301 W. Hyman Affordable Housing PUD Ben Gagnon, community development department, told Council this is a request for approval of rezoning, final PUD and subdivision. Gagnon noted there was a site visit today at noon. Gagnon said the site contains 4 free market units in one building on this 3,600 squaze foot lot. Gagnon stated the proposal is to expand this into an 8plex deed restricted affordable housing. Gagnon reminded Council they recently adopted a code amendment to allow deed restricted housing credits. Gagnon said the rezoning is from R- 15 to AH/PUD and an application for PUD approval. That zone district requires all dimensional requirements be established by the PUD. Gagnon noted there are standards in the land use code for rezoning, one is consistency with the 2000 Aspen Area Community Plan and staff finds it is consistent. The public and private sector have worked together to provide affordable housing and that housing should be compatible with the scale and character of the community. Gagnon pointed out this area can be served by transit, biking, walking; there is a trail directly adjacent to this property. Another standard for rezoning is compatibility with surrounding zone. This site is west of the ice rink in a relatively high density area and high mass and scale and coverage of sites and the proposal is compatible with the surrounding neighborhood. Regular Meeting Aspen City Council April 12, 2010 Gagnon said the PUD standards have some similar criteria, like the AACP, compatibility with the neighborhood, transit impact, circulation and parking. This is a 3600 square foot lot with 4one-bedroom units. The impact on the traffic on the area going to 8 units will not have a significant impact on traffic. Gagnon pointed out this is a small lot and to try and pazk on the site would be close to impossible and would eliminate some on street parking to get on the property. There is no alley on the parcel. Gagnon told Council the finding on parking was that there will be no parking on site, the neighborhood is capable of absorbing the impact on the streets. Gagnon said the development review committee walked the site and determined there is enough on street capacity to absorb an increase of 4 units. Tim Ware, parking department, noted the current building uses head-in parking on city right-of--way and the property has been allowed to control that parking. Ware said with the development, the city will take back the city right-of--way. Ware stated the ice rink does generate a lot of cars. Staff is recommending that the head-in parking be converted to two hour residential parking. Gagnon pointed out the proposed plan retains head-in parking, adding a sidewalk and a buffer. Ware said this will be public parking and will be enforced by the city. Ware said the residents will be able to have a residential permit. Ware said this head-in parking will be available to anyone in the public for two hour pazking. Mayor Ireland said the idea of making the street nanower and using the right-of--way was a good idea. This is a wide street that dead ends and part of it will be used for parking. Gagnon pointed out currently the parking is up close to the building and the city engineer suggested moving out into 2"d street, allowing for a new sidewalk and some buffering of the structure. Gagnon said the architecture has met the standards of the PUD. Peter Fornell, representing the applicant, told Council they have been receptive to the concerns of the community development department regarding the architecture. Fornell showed drawings of the project, showed photographs of the materials using rock and shingles. Mayor Ireland said this is reminiscent of early buildings in Aspen, a simple pitched roof rectangular building. Councilman Torre asked for a comparison of the existing building with the new building. Gagnon said it is very similar with the footprint moved to the north and is consistent with the neighborhood patterns. Councilman Torre said he likes the muted tones, which will help the build fit into the neighborhood. Mayor Ireland opened the public hearing. Sazah Oates, representing the Connors at 2"d and Hopkins, told Council her clients are concerned about parking and congestion in the neighborhood. Ms. Oates said there are many lodge and multi-family buildings in the area that are under parked, which makes demands on the neighborhood. Ms. Oates stated waiving the parking in the context of other developments maybe short sighted. Ms. Oates said the uses are more appropriate for RMF and this seems like spot zoning. The point of the non-conforming section of the land use code is to eliminate non-conformities. Mayor Ireland asked why future lodge 9 Regular Meetin¢ Aspen City Council April 12, 2010 expansions are not required to do on-site parking for their guests. Ms. Oates said there are already approved projects like the Jewish Community Center, the Boomerang Lodge. Mayor Ireland noted when the Aspen Area Community Plan was drafted in 1993, there was a section about encouraging private sector to build affordable housing, which has not happened and there is an applicant willing to provide affordable housing. Councilman Johnson asked the applicant how he feels about the parking reverting back to city control. Fornell said he agrees that the pazking should benefit as many people as possible and it should get more fully utilized as public parking. Mayor Ireland closed the public hearing. Mayor Ireland moved to adopt Ordinance #7, Series of 2010, on second reading; seconded by Councilman Torre. Councilman Johnson said if this project were not so close to town, to trails and to transit, he would not support the parking proposal. Councilman Tone asked if this housing fits the housing guidelines. Gagnon told Council the housing office and boazd has reviewed this project and is satisfied the units meet their expectations. The project will meet with city building codes. Gagnon told Council every unit has storage space in the basement. Fornell said sustainability of the units for their owners is very important to the applicant and he has looked into the longevity of the materials. Mayor Ireland asked what categories these units will be. Gagnon said the ordinance specifies they will be category 2. Councilman Torre asked about the balconies and is they setback from the property line. Fornell noted the upstairs balconies extend to the property line. Councilman Romero asked about the length of vesting. Bendon said it is the standazd 3 year vesting. Fornell told Council he has filed for a demolition permit and he hopes to start the project right away. Councilman Romero asked about financial assurances and Council requirements for those with developments, either reclamation or completion bonds. Councilman Romero noted recent approvals of projects have included financial assurances and he would like some assurances to protect the public. Mayor Ireland suggested adding a clause requiring the owner to post securities acceptable to the city attorney to assure completion of public improvements or restoration of the property. Mayor Ireland noted this is not a speculative venture but proposing something for which there is a mazket. Mayor Ireland pointed out the demand for one-bedroom affordable housing units is the highest of any type of unit. Bendon suggested staff review the language used in prior developments and add requirements that protect the community and the applicant. Bendon said the issues aze if the project falls apart, the city can access the site to reclaim it or there is a surety that runs to the city that would allow the project to be completed. Fornell said it is acceptable to work on language for the PUD agreement; it is their goal to build the project, obtain a c/o and get people into these units. Fornell told Council there are 2 tenants to whom he will offer a right to purchase the units. Councilman Romero said he appreciates the size and 10 Regular Meeting Aspen City Council Apri112, 2010 livability of these units. Councilman Romero said he feels the parking scheme is an appropriate use of public resources and is a good balance. Mayor Ireland amended his motion to condition it upon review and acceptance of suitable security for complete and restoration by the city attorney; seconded by Councilman Romero. Gagnon said the proposal was for eight units at category 2 and adjustments have been made and the proposal is to have seven category 2 units and one category 3 unit. Mayor Ireland amended his motion to include that mix; seconded by Councilman Romero. Councilman Skadron asked about the units being all for sale rather than some rental units. Gagnon said that was the recommendation of the housing board. Mayor Ireland agreed category 2 for sale units is a scarce resource. Roll call vote; Romero, yes; Skadron, yes; Torre, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #8, SERIES OF 2010 -Code Amendment Exemption to Real Estate Transfer Fax Mayor Ireland moved to adopt Ordinance #8, Series of 2010, on second reading; seconded by Councilman Torre. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Jim Harmon, finance department, was present to answer any questions. Roll call vote; Johnson, yes; Torre, yes; Skadron, yes; Romero, yes; Mayor Ireland, yes. Motion carved. Mayor Ireland moved to go into executive session at 7:45 p.m. pursuant to C.R.S. 24-6- 402(4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions and (e) Determining positions relative to matters that maybe subject to negotiations; developing strategy for negotiations; and instructing negotiators; seconded by Councilman Tone. City Attorney, John Worcester, said there are 3 separate issues, one of which is the confidential memorandum to the election commission. All in favor, motion carried. Also present, Jim True, Stephen Kanipe, Ed Van Walraven, Chris Bendon, Steve Barwick and Kathryn Koch: 11 Regular Meeting Aspen City Council April 12, 2010 Councilman Tone moved to come out of executive session at 8:10 p.m.; seconded by Councilman Johnson. All in favor, motion tamed. Councilman Tone moved to adjourn at 8:10 p.m.; seconded by Councilman Romero. All in favor, motion carried. Kathryn Koch, City Clerk ICY.%/~ 12