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HomeMy WebLinkAboutminutes.council.19930322Regular Meeting Aspen City Council March 22, 1993 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Richards, Reno, Pendleton, and Peters present. PROCLAMATION - Sunshine Kids Mayor Bennett and Council proclaimed the week of March 21 through 28 as Sunshine Kids National Winter Games week. This is the 11th annual winter games in Aspen. CITIZEN COMMENTS 1. Ron Austin, representing the Aspen Art Museum, expressed the Museum's appreciation of the staff's work on the lease for the Museum. COUNCILMEMBER COMMENTS 1. Councilman Reno said there have been concerns expressed over the ACRA/Council lunch last week. Councilman Reno told Council ACRA called a meeting to discuss their role in transportation planning. Councilman Reno said he would like to take direction back to ACRA. Mayor Bennett announced the next transportation implemen tation meeting is Tuesday March 23 at noon for any interested persons. Councilwoman Pendleton said she was very upset about the ACRA Council meeting. Councilwoman Pendleton said there is the appearance that the city is ramming this plan to the public. Councilwoman Pendleton read a letter she received which was inflammatory, threatening and not very nice. Councilwoman Pendleton said this letter reminds her of the atmosphere of the city 3 years ago around the fur and recall issues. Councilwoman Pendleton said the Council should slow down and give people a chance to calm down on this issue. Councilwoman Pendleton said she has requested staff to research the legalities of an election in August to vote on this plan. Councilwoman Pendleton said the town should not get back into the same situation it was 3 years ago. Mayor Bennett said he would like the community to rise to a less hateful and bitter way of resolving its differences. The Council is trying to do what they think is best for the community. Councilwoman Richards agreed serving on Council is a difficult job. It is pathetic for people to resort to unsigned threats. Council- woman Richards said she ran on a pedestrian-oriented platform. There has been continued support for this issue. Council has been hearing support for taking a stand on transporta tion and traffic congestion. Council has been trying to work with citizens groups through the AACP and a transportation implementa tion plan. 1 Regular Meeting Aspen City Council March 22, 1993 Councilwoman Richards said she is willing to listen to people's fears as well as how changes might be accommodated. Councilwoman Richards said at the ACRA luncheon she did not hear any other suggestions nor any volunteers of help of a transportation plan. Councilman Peters said he feels the parking plan is on the right track. Councilman Peters pointed out Council has come up with a plan and has stated they want community feedback. The plan will be adjusted as sensible to deal with the goals of reducing traffic and pollution. Councilman Peters noted there will be at least 15 more meetings with the community on the parking plan. Mayor Bennett said to the extent the ACRA helps Council help the community develop better, more workable ideas, they serve a good purpose. Mayor Bennett said he is not willing to ignore the Aspen Area Community Plan, the two years of work and 400 people who worked on this plan. Mayor Bennett invited the community to help the city find alternatives. Mayor Bennett said he would support taking this to a vote after the city has a plan and has alterna- tives. Councilman Reno suggested Council meet with ACRA board members to solve any problems outstanding from the lunch last week and this parking issue. 2. Councilman Reno encouraged Council to set aside a day for the Aspen boys' hockey team. They just won the second state hockey champion ship. 3. Councilwoman Pendleton announced the parks department trails and Nordic system is having lunch dates at various trails this month and encouraged the public to attend. 4. Councilwoman Pendleton brought up the water tap fees for sprinkler systems. Councilwoman Pendleton requested staff look into different tap fees for devices that would conserve water, like irrigation or sprinkler system. Council agreed. 5. Councilwoman Pendleton announced after 3 years on Council she will not seek reelection 6. Amy Margerum, city manager, announced the city has been named a 1992 Tree City USA. This award is hard to get and cityies have to meet certain criteria. 7. Amy Margerum, city manager, requested Council reverse the order of action items g and h Councilman Peters moved to switch VI(g) Resolution #20, Series of 2 Regular Meeting Aspen City Council March 22, 1993 1993 - Ballot Questions, and VII(h) Ordinance #12, Series of 1993 - Election Precincts; seconded by Councilwoman Richards. All in favor, motion carried. 8. Mayor Bennett requested Board Appointm ents be removed from the consent agenda and placed at the end of the action items. CONSENT CALENDAR Councilman Peters moved to approve the consent calendar as amended; seconded by Councilwoman Richards. The consent calendar is: A . Minutes - February 22; March 3, 1993 B . Resolution #16, 1993 - Aspen Art Museum Lease C . Resolution #17, 1993 - Deputy Municipal Judge/Neiley D . Resolution #18, 1993 - Equipment Purchase - Motor Grader E . Resolution #19, 1993 - Equipment Purchase - Dump Truck All in favor, motion carried. ORDINANCE # 8, SERIES OF 1993 - Common Ground Subdivision, Vesting, GMQS Exemption Leslie Lamont, planning office, reminded Council the proposed site is the old Community Center, which was rezoned to affordable housing in November 1991. The proposal is 21 fully deed restricted affordable housing dwelling units. The applicants are seeking subdivision, GMQS exemption, and a lot line adjustment. Ms. Lamont reminded Council they have the ability to waive park dedication impact fees. In the past the policy has not been to waive these. Staff has been working with the applicant to identify projects that could reduce that impact fee. One project is to finish the trail link between the Rio Grande by the sanitation department up to the post office. The applicants have agreed to finish that for the city, which is approximately $15,000. Staff is recommending the impact fee be reduced by that amount. Ms. Lamont said staff will continue to work with the applicants on this issue until the filing of the plat. Councilwoman Richards said she would be willing to contribute to this project out of the housing/day care fund for the park impact fee. Marty Pickett, representing the applicant, told Council this is modeled after other successful common ground housing and involves the residents in decision and impacts on the neighborhood, the participatory process of the residents. The thing that makes co- housing work is that people work together. The residents have been working for 2 years to plan the project and have worked on the site plan and the floor plan. There is a mixture of 1, 2, and 3 bedroom units. Ms. Pickett said the land will be leased from the county as there has been concern about whether the county should divest itself from this property. The applicant will enter into agree- 3 Regular Meeting Aspen City Council March 22, 1993 ments with mortgage companies to own the improvements on the property. Ms. Pickett told Council a lot line request is also part of this request to give two pieces to Hunter Longhouse and make a more reasonable configuration of the land. The parking area and common land between this parcel and Hunter Longhouse will be shared through an agreement. The applicants are granting a fishing access easement to Hunter creek. Ms. Pickett outlined the portion of the existing community center which will be preserved and turned into the common house. Marsha Goshorn presented the site plan. Ms. Goshorn told Council these are a town house configuration as it is easier to get financing. Each unit will have a private backyard area. The driveway will be relocated and a visual easement granted for the property to the north. Ms. Goshorn said all the units are category 2 and 3. Ms. Goshorn told Council the group has been working on this project for 3 years. Bob Daniel, Banner Engineer, told Council there are no major water extensions required for this project. There will be some reconfig- uration of utilities with adjacent properties. Ms. Pickett pointed out the Aspen Area Community Plan states this is a good location for affordable housing. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters asked if this project is fully funded. Ms. Goshorn answered it is. Councilwoman Richards asked what the oversight for the construction of the project is. Ms. Pickett said this project will be answering to the county. The Common Ground Association will have primary monitoring responsibility and the county will have final say. Ms. Goshorn told Council when they were designing this project they got input from contractors and builders in town. Mayor Bennett said the city will accept the trade out of $15,000 worth of work for the trail to reduce the park dedication impact fee and the city will subsidize the rest out of the housing fund. Councilwoman Richards said it is important that all projects pay their way. This is a high density neighborhood with the need for some park lands. Councilman Peters moved to adopt Ordinance #8, Series of 1993, incorporating the comments on the trade off for the trail improve- ments for $15,000 and the balance of the parks and open space fee should be paid by the city housing/day care fund; seconded by 4 Regular Meeting Aspen City Council March 22, 1993 Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Reno, yes; Richards, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #11, SERIES OF 1993 - Vacation Request - 8th and North Streets Chuck Roth, city engineer, told Council this application was to vacate portions of the public right-of-way in Eighth and North streets. Since the first reading the city received an amended application deleting the Eighth street portion. Roth told Council staff continues to recommend the vacation of both Eighth and North streets. Roth pointed out in the 1982 hearing on this proposed vacation, the main concerns were the design and completion of the Meadows project. The Meadows project is complete. If streets were built on either Eight or North, the Marquesee residence would be surrounded by asphalt. Roth told Council letters opposing the vacations were received from Charles Collins and the Markalunases. Roth reminded Council rights-of-way are specifically created for transportation of vehicles and for utilities. The city would maintain and preserve the rights for utilities to use these corridors. Roth said the interest in the land should revert to the adjacent property owners. Chuck Brandt, representing the applicants, showed Council where the 4 petitioners lots are located, the open dedicated streets, and aerial photograph showing the vicinity. Brandt cited the city's newly adopted vacation policy, "the city will vacate any portion of the public right-of-way system only if it is clearly demonstrat ed that the right-of-way is unneeded". Brandt said it can be demonstrated there would be no access problems created by the vacation of this right-of-way. The vacation would not hinder circulation of vehicles into the new Meadows road. There would be no additional burdens placed on the city for additional maintenance of the streets surrounding the area. Brandt said there will not be a changed situation for utility easements or for emergency vehicles. Brandt pointed out the vacated area is residential and cannot be used for FAR calculation purposes. The area sought to be vacated is not inconsistent with any adopted city plans. Brandt said a benefit to the city and the adjacent property owners is to fulfill a commitment made to the Marquesees who gave some land for the extension of North street. Brandt said the site is well landscaped and well maintained. The vacation should insure continued open space. Another benefit is to eliminate a liability from the use of an unopened street by the public. Brandt said there is little precedent here. There is an unopened 5 Regular Meeting Aspen City Council March 22, 1993 street. There is circulation on a new road. Brandt said closing the street rather than vacating it does not recognize the commit- ment made to the Marquesses. The new Meadows road was placed as far south as possible to enhance the value of the Meadows lots and to protect the Meadows open space. This has been to the detriment of the owners of lots 7 and 8. Brandt said sufficient public roads exist in this area. Mayor Bennett opened the public hearing. John Doremus said extra trails in this area are not needed. The Marquesses have maintained their property to the advantage of the entire neighborhood. Ramona Markalunas objected to the vacation of the street so that it will become a private park for the adjoining landowners. Ms. Markalunas said this vacation may give the Marquesses additional building rights. Ms. Markalunas said it is unwise of the city to give away open space. In the past the city has had to buy back streets that have been vacated. Jim Markalunas said the property owners have closed this area off and not allowed the public to use it as a thoroughfare. Markalunas gave to Council a plat that was on display at the Titus house in 1991 representing Eighth and North streets as being vacated. Diane Moore, planning director, told Council any vacated lands are excluded from the calculation of FAR, density, required open space. Whatever vacated land is added to the existing land cannot be used to create a new lot. There could be some uses; however, there are easements and water lines that have to kept open. Perry Harvey told Council when Savanah gave Marquesses land it was to keep their land from becoming more non-conforming. There was also an agreement this land would not be used to increase FAR or develop- ment rights. John Norton told Council it was never represented to him that a vacation was a sure thing. Mac Cunningham, adjacent property owner, said the Meadows road has been relocated. There is a great amount of traffic on that road. The impact on the neighbors has been enormous. Cunningham said the neighbors would like closure on this issue. John La Salle opposed the vacation as it will be making a private asset for the adjacent property owners. Cory Pullen said he favors the vacation for the property owners. George Vicenzi said this should wait until the Meadows traffic plan comes up for review. Mayor Bennett closed the public hearing. Councilman Peters said the vacant land is part of the streetscape. There seem to be opportunities for privatizing the land and 6 Regular Meeting Aspen City Council March 22, 1993 closing it off. Councilman Peters suggested deed restricting the land to horse, foot traffic and skiers and opposed vacation. Jed Caswall, city attorney, told Council rights-of-way are held in trust for the public at large to fulfill a certain purpose. This right-of-way was laid out as part of the original townsite about 100 years ago. The uses were streets, sidewalks and maybe utilities. Caswall pointed out this right-of-way has never been opened. The public has no right to be on this property. The law of public rights-of-way in Colorado is that until such time as a right-of-way has been opened, there is no public use of that property. The courts have said if a municipality wants to change the use other than which it was dedicated for, it has to pay for it. Councilwoman Richards said she would like to see this remain landscaped and attractive for the area. Councilwoman Richards said she would not want to vacate this and see jacuzzis on all the properties. Councilwoman Pendleton asked if the city made any commitment to the Marqusees. Amy Margerum, city manager, told Council when the city was working on the Meadows property, the property owners applied for a vacation. The city asked them to wait until that process was done. Ms. Margerum said as both planning director and city manager, she would recommend vacation. Councilwoman Pendleton said she does not see that North street right-of-way is needed except for utility easements. Councilwoman Pendleton agreed Meadows road is an impact on the neighbors. Mayor Bennett said these will not be used for streets or trails. Mayor Bennett said it is nice open space and he would not like to see it filled with sheds and fences. Mayor Bennett asked if the goal is to preserve open space. Cunningham said there are impacts from Meadows road, like headlights in the living room. The property owners would like to do what they can to mitigate these impacts. Councilwoman Richards asked if Council can grant a vacation with specific restrictions. Caswall said this property is held by the city in fee for trust for use as a road. Otherwise it would belong to the adjacent property owners, as a matter of law. Caswall said he would not feel comfortable putting conditions on allowing the property owners to use their property. Cunningham said most of the property owners are only interested in open space. Brandt said he would talk to the property owners to see if they would be willing to stipulate to maintaining the status quo. Councilwoman Pendleton moved to table Ordinance #11, Series of 1993, to April 12, 1993; seconded by Councilwoman Richards. All in favor, motion carried. 7 Regular Meeting Aspen City Council March 22, 1993 ORDINANCE #7, SERIES OF 1993 - Code Amendment Commercial Parking LTR Zone Kim Johnson, planning office, told Council this has been amended to reflect Council's concerns on this conditional use. The ordinance has a new whereas which references the Aspen Area Community Plan. The code language has been amended to include traffic management methods to reduce traffic congestion. Mayor Bennett opened the public hearing. Sy Coleman said the Clean Air Board approves of this amendment as long as it references clean air. Coleman said the Clean Air Board is interested in increasing their policy recommendation activities. Mayor Bennett closed the public hearing. Councilwoman Pendleton moved to adopt Ordinance #7, Series of 1993, as amended on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Richards, yes; Reno, yes; Peters, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #72, SERIES OF 1992 - Mocklin Rezoning Mayor Bennett said Council agreed to listen to arguments on whether tap fees were owed or not. Peter Mocklin told Council he bought a 6 inch water line when he bought the property. The water depart- ment cut the water line off. This line would have been adequate for future development. Larry Ballenger, water department director, told Council the city's records do not show a conveyance of a 6 inch water tap through this property. The records show between 1965 to 1968 there was construction on the property. An application for a duplex was made; tap fees were never paid. Ballenger said during inspection in 1984, it was found there was an eight-plex on the property. The water bill was changed to reflect the eight-plex. Staff conducted a walk through inspection in January 1993 and based the tap fee on 1993 rates of $59,787. Ballenger said since then, staff determined to go back to 1981, which was the last time the property was inspected. Based on the 1981 rates, the tap fee was $26,631.00 Councilwoman Pendleton asked why Mocklin did not feel he had to pay tap fees when he increased the size of the building. Mocklin said he built on apartment in 1968 and it was anticipated the zoning would be changed. Mocklin said he got the zoning in 1972, which made this 8 apartments. There were no construction changes made between 1968 and 1981. Mocklin said in 1981 he received a letter from the water department telling him he had to install a meter. 8 Regular Meeting Aspen City Council March 22, 1993 Mayor Bennett said based on the correspondence and outline of facts, he cannot support waiving the tap fee. Mayor Bennett said he feels it is very generous to cut the tap fee to that of 1981. Mocklin asked about the land he donated for Gibson avenue and the money for the Red Mountain road. Councilman Peters said the upzoning is not consistent with the AACP and is not necessary. This rezoning would give substantial development rights to the property. Councilman Reno said the city has not pursued this in 20 years. Caswall said this issue came to light as part of the application for rezoning. Councilwoman Richards moved to take staff's recommended settlement of 1981 dollars for tap fees and reduce it by one tap; seconded by Councilwoman Pendleton. Councilman Peters said this is not staff's recommendation. It may be a reasonable compromise. Councilmembers Pendleton and Richards in favor; everyone else opposed. Motion NOT carried. Councilman Peters moved to turn this back over to staff for resolution according to the city's water tap fee guidelines; seconded by Councilman Reno. All in favor, motion carried. Ms. Lamont pointed out staff recommends approval of rezoning the Mocklin property if there is resolution of the tap fees. Councilwoman Richards moved to table the rezoning request to April 12; seconded by Councilwoman Pendleton. Ms. Lamont said the tap fee issue will be taken out of the ordinance as it will not be an issue of rezoning. Councilwoman Richards said she wants the tap fee issues settled before the rezoning is heard. All in favor, with the exception of Councilman Peters. Motion carried. ORDINANCE #23, SERIES OF 1992 - Berger Annexation Kim Johnson, planning office, reminded Council this was tabled in order to allow the applicant a chance to reply on his intentions of seeking annexation. Scott Harper, representing the applicant, read a statement: "I would like to state to the Aspen City Council that I believe as Mayor John Bennett has also concluded that the 9 Regular Meeting Aspen City Council March 22, 1993 annexation of my house to the city of Aspen will have no effect on the entrance of highway 82 to the city of Aspen. Since purchase of the property in 1968, I have been on city water and on the city sanitation route. My property is surrounded on 3 sides by the city of Aspen, which now extends far beyond me. With an address on Main street, I am a virtual island of county unable to vote within the political entity that most affects me. At a previous City Council meeting, Augie Reno asked whether the timing of my annexation was suspicious given the movement to bring highway 82 into town through a direct connection. I would like to remind the Council of the answer I gave at that time, that the so-called straight shot has been pending since 1969, that is has been voted on regularly ever since, and thus never ceased to be a political issue and that there is no time in the last 24 years when a petition to annexation would not have looked political. At some point the issue must be resolved in the light of its qualification rather than its politics. Since my motives as a citizen have been questioned, I would like to state that during my residence in Aspen which actually predates purchase of the house in 1968, I have contributed my time toward environmental organizations, the Aspen Writer's foundation and the Music Associates of Aspen. I have also for what it's worth, written one of the few recent books about Aspen in 1986 which does not exploit it's so-called glitz but treats its physics, music and local culture so as to present what are still underneath some of us hope, it's value. For a quarter of a century I have been a contributing member of the Aspen community. I would like now, please the right to vote. Sincerely, Bruce Berger". Mayor Bennett opened the public hearing. Richie Cohen said he favors the straight shot into Aspen. For the first time in 20 years, something will happen to the entrance to Aspen. Cohen said he feels this particular proposal is opportunis- tic and inappropriate. Cohen said this annexation may present another stumbling block to the entrance to town. Harry Farb, 814 West Bleeker, objected to this annexation as inappropriate if it is to interfere with the highway. Mayor Bennett read a whereas clause from the ordinance stating the primary motive for this annexation is to obtain the right of franchise and not to impede, prevent or otherwise interfere with the proposed alignment of highway 82 into the city of Aspen. Sy Coleman noted the Council cannot conditionally grant what is a right to everyone else. Councilwoman Pendleton said she is going to reject this application because of ulterior motives. Councilman Peters said Council has received the assurances and compromises asked for and this should be voted on. Councilwoman Richards said this has been deferred since 1992 so that the transportation goals 10 Regular Meeting Aspen City Council March 22, 1993 and plans could become more clear and this would not be perceived to be a stumbling block. Mayor Bennett closed the public hearing. Mayor Bennett said the city has had a policy of annexing anyone contiguous with the city who wants to be annexed. Mayor Bennett said P & Z and staff have both recommended this annexation. The property is surrounded on 3 sides by city. Any other annexation would not be debated as this one has. Mayor Bennett said a year ago the city was in delicate negotiations with CDOT, Pitkin County, and the town of Snowmass Village. Mayor Bennett pointed out CDOT says neither historic designation nor annexation of this parcel will not make any difference to the highway. Councilman Reno said this has gone through its due course and he is satisfied with the reasons for annexation. Councilman Peters moved to adopt Ordinance #23, Series of 1992, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Peters, yes; Pendleton, no; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #24, SERIES OF 1992 - Berger Rezoning Kim Johnson, planning office, said this has been tabled in order to track with the annexation ordinance just approved. P & Z and staff recommend rezoning this to city R-15. It is currently county R-15 and would be effective July 1 when the annexation is effective. Mayor Bennett opened the public hearing. Ms. Johnson explained according to state statute property that is annexed has to be zoned to city zoning within 90 days. This is a moderate density category, essentially the same as it is in the county. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #24, Series of 1992, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Reno, yes; Pendleton, no; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #12, SERIES OF 1993 - Election Precincts Jed Caswall, city attorney, told Council this ordinance is to clear up a technical glitch between the Charter and the codified ordinances. This ordinance would establish one election precinct, the entire city. This would allow the City Clerk to designate as 11 Regular Meeting Aspen City Council March 22, 1993 many polling place as are necessary for each election. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Pendleton moved to adopt Ordinance #12, Series of 1993, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Pendleton, yes; Richards, yes; Peters, yes; Mayor Bennett, yes. RESOLUTION #20, SERIES OF 1993 - Ballot Questions John Worcester, assistant city attorney, told Council this sets the ballot titles and also the polling places for the regular municipal election. Worcester said the language conforms to the requirements of amendment #1. Dallas Everhart, finance director, said the city shop and financing plan includes a 15 year option to issue debt for the shop. Everhart told Council he is working on 10 year bonds as the interest rates are good. Total repayment costs in a 10 year plan are $2.6 million; a 15 year bond would be closer to $3 million. Everhart said the 1993 budget includes $226,000 for bond payments based on a 15 year bond. The low interest rates enables the city to issue 10 year bonds about $250,000 annually. Everhart pointed out there are funds available in the asset management plan. Everhart said the second question is the underground district for Cemetery Lane. The bond questions includes some interest for the first 6 months of the bonds as the district may not be ready to create an assessment role by 1994. Councilman Peters moved to suspend the rules and continue the meeting to 9:30 p.m.; seconded by Councilwoman Pendleton. All in favor, motion carried. Everhart said the language has been reviewed by bond counsel. Councilman Peters moved to adopt Resolution #20, Series of 1993; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #14, SERIES OF 1993 - 1993 Housing Guidelines Councilwoman Pendleton moved to read Ordinance #14, Series of 1993; seconded by Councilwoman Richards. ORDINANCE #14 (Series of 1993) AN ORDINANCE ADOPTING THE 1993 AFFORDABLE RESIDENT HOUSING GUIDELINES AS RECOMMENDED BY THE ASPEN/PITKIN 12 Regular Meeting Aspen City Council March 22, 1993 COUNTY HOUSING AUTHORITY was read by the city clerk Councilwoman Pendleton moved to adopt Ordinance #14, Series of 1993, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Richards, yes; Mayor Bennett, yes. Motion carried. CODE AMENDMENT - Definition of Open Space Kim Johnson, planning office, said staff has taken Council's concerns from the last meeting and made changes to the proposed ordinances. The definition of "overhead landscaped structures" has been changed to trellis. Ms. Johnson said criteria will be established so that trellis will not become solid roof-type structures. Ms. Johnson said another change is to allow these structures only in commercial restaurant uses in the CC zone or the historic overlay on Main street and in historic designated landmarks. Ms. Johnson said this will be approved by planning director sign off. Mayor Bennett asked about the 50 percent of the roof area require- ment. Ms. Johnson said this requirements is that the lattices are not close enough to be a 50 percent cover. Council woman Richards said she would like staff to address how these will be taken care of in the winter. Council agreed this should come back as a code amendment. REQUEST FOR FUNDS - Energy Committee Bill Stirling introduced Steve Sandiford and Lynn Haines, energy committee members. Stirling told Council the energy committee has over 20 members from diverse backgrounds. Stirling reminded Council in 1991 the first energy town meeting was held with about 125 people in attendance. An audit was completed on city hall and Council included energy efficient items into the remodel of city hall. Stirling told Council the energy committee modeled an energy research group after the Aspen Area Community Plan process. They formed 3 committees; residential users, larger energy users, and transportation. In August 1992 the committee was invited to be co- presenters with Irvine, California at the Aspen Institute. This was followed by a second energy town meeting attended by 250 people. Stirling said the committee does not have the expertise to implement certain parts of the plan. Stirling recommended Economic Research Associates of Nebraska be hired to analyze these issues and to make recommendations. Stirling told Council they will need 13 Regular Meeting Aspen City Council March 22, 1993 $2500 to hire this group. Stirling requested $250 from Aspen to join with $250 from Snowmass Village. Pitkin County is giving $750 and the Roaring Fork Energy Center is giving $250. Stirling told Council the energy committee has made an application to the Aspen Foundation for $1000. Stirling said this information will give the elected officials hard data they will need for decisions in the future. Council indicated they support the $250 request. Stirling said all the task forces have indicated that there needs to be a single person with the sole focus of energy efficiency in the county. Stirling said the city and county needs to look towards funding this person and a support person for one year. This person will pay for themselves within one year with the savings. Steve Sandiford noted with the $1250 given the Roaring Fork Energy Center by the Council, some has gone towards writing a grant to the office of water conservation for a water device retrofit program. Mayor Bennett asked why this group is focusing on Aspen and Snowmass rather than the entire valley. Stirling said they want to get the program into place and successful before they expand to the entire valley. Councilman Peters said he would not support another staff person but would be interested in looking at doing this by contract. Councilman Peters moved to suspend the rules and meet 10 more minutes to 9:40 p.m.; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #15, SERIES OF 1993 - Refinancing Truscott Bonds Councilwoman Pendleton moved to read Ordinance #15, Series of 1993; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #15 (Series of 1993) AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ASPEN, COLORADO, OF ITS GENERAL OBLIGATION HOUSING REFUNDING BONDS, SERIES 1993A, IN THE AGGREGATE PRINCI- PAL AMOUNT OF $4,085,000, FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND THE CITY'S OUTSTANDING GENERAL OBLIGATION HOUSING BONDS, SERIES 1989A AND TO PAY ALL NECESSARY INCIDENTAL AND APPURTENANT COSTS AND EXPENSES IN CONNEC TION THEREWITH; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE SALE OF SAID BONDS AND APPROVING A BOND PURCHASE AGREEMENT, A REGISTRATION AND PAYING AGENCY AGREEMENT AND AN ESCROW AGREEMENT; PROVIDING A PLEDGE OF THE FULL FAITH AND CREDIT OF THE 14 Regular Meeting Aspen City Council March 22, 1993 CITY AS SECURITY FOR SAID BONDS; PROVIDING OTHER DETAILS IN CONNECTION WITH SAID BONDS; AND APPROVING THE FORM OF THE OFFICIAL STATEMENT was read by the city clerk Dallas Everhart, finance director, noted there are two bond buy downs and refinancing; Truscott and Marolt. Everhart said these should be both offered as non-bank qualified bonds in anticipation of the election in May on the city shop. Everhart reminded Council if the city's plans on issuing less than $10 million in bonds in one year, all bonds issued are bank qualified. Over $10 million, all bonds are not bank qualified. Everhart said the current interest rates are the lowest seen in the last 10 years. Everhart recommended the buy down and refunding on both bonds issuing them as non-bank qualified. Everhart said staff plans to go into the market before second reading in order to get the best interest rates. Councilwoman Richards asked if the $500,000 buy down on Marolt is enough to make the project run in the black in the future. Tom Baker, housing director, said the 1992 budget numbers seem to indicate the project will be running in the black. Councilwoman Pendleton moved to adopt Ordinance #15, Series of 1993, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Richards, yes; Reno, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #16, SERIES OF 1993 - Refinancing Marolt Bonds Councilman Peters moved to read Ordinance #16, Series of 1993; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #16 (Series of 1993) AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ASPEN, COLORADO, OF ITS GENERAL OBLIGATION HOUSING REFUNDING BONDS, SERIES 1993B, IN THE AGGREGATE PRINCI- PAL AMOUNT OF $5,915,000, FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND THE CITY'S OUTSTANDING GENERAL OBLIGATION HOUSING BONDS, SERIES 1990A AND TO PAY ALL NECESSARY INCIDENTAL AND APPURTENANT COSTS AND EXPENSES IN CONNEC TION THEREWITH; PRESCRIBING THE FORM OF SA ID BONDS; PROVIDING FOR THE SALE OF SAID BONDS AND APPROVING A BOND PURCHASE AGREEMENT, A REGISTRATION AND PAYING AGENCY AGREEMENT AND AN ESCROW AGREEMENT; PROVIDING A PLEDGE OF THE FULL FAITH AND CREDIT OF THE CITY AS SECURITY FOR SAID BONDS; PROVIDING OTHER DETAILS IN CONNECTION WITH SAID BONDS; AND APPROVING THE FORM OF THE OFFICIAL STATEMENT was read by the city clerk 15 Regular Meeting Aspen City Council March 22, 1993 Councilman Peters moved to adopt Ordinance #16, Series of 1993, on first reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. BOARD APPOINTMENTS Councilwoman Pendleton moved to table this to a continued meeting April 5 at 4:30 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Councilman Peters moved to adjourn at 9:45 p.m.; seconded by Councilwoman Richards. All in favor, motion carried. Kathryn S. Koch, City Cl erk 16 Regular Meeting Aspen City Council March 22, 1993 PROCLAMATION - Sunshine Kids 1 ................................ ... CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 3 ................................ ............... ORDINANCE # 8, SERIES OF 1993 - Common Ground Subdivision, Vesting, GMQS Exemption 3 ................................ ... ORDINANCE #11, SERIES OF 1993 - Vacation Request - 8th and North Streets 5 ................................ ............. ORDINANCE #7, SERIES OF 1 993 - Code Amendment Commercial Parking LTR Zone 7 ................................ .......... ORDINANCE #72, SERIES OF 1992 - Mocklin Rezoning 8 ............... ORDINANCE #23, SERIES OF 1992 - Berger Annexation 9 .............. ORDINANCE #24, SERIES OF 1992 - Berger Rezoning 11 ................ ORDINANCE #12, SERIES OF 1993 - Election Precincts 11 ............. RESOLUTION #20, SERIES OF 1993 - Ballot Questions 12 .............. ORDINANCE #14, SERIES OF 1993 - 1993 Housing Guidelines 12 ........ CODE AMENDMENT - Definition of Open Space 12 ...................... REQUEST FOR FUNDS - Energy Committee 13 ........................... ORDINANCE #15, SERIES OF 1993 - Refinancing Truscott Bonds 14 ..... ORDINANCE #16, SERIES OF 1993 - Refinancing Marolt Bonds 15 ....... BOARD APPOINTMENTS 15 ................................ ............. 17