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HomeMy WebLinkAboutminutes.apz.20040504ASPEN PLANNING & ZONING COMMISSION Minutes MAY 04, 2004 COMMENTS .............................................................................................................................. 2 MINUTES .................................................................................................................................... 2 DECLARATION OF CONFLICTS OF INTEREST ....................................................... 2 CHART HOUSE LODGE 219 EAST DURANT - CONCEPTUAL PUD ............... 2 210 SESAME STREET 8040 GREENLINE REVIEW & SPECIAL REVIEW FOR ATTACHED ADU .......................................................................................................... 8 RIO GRANDE PARKING GARAGE AND PLAZA SPA AMENDMENT ........... 12 ASPEN PLANNING & ZONING COMMISSION Minutes MAY 04, 2004 Jasmine Tygre opened the regular meeting of the Aspen Planning & Zoning Commission at 4:30 pm in the Sister Cities Meeting Room. Members John Rowland, Brandon Marion, Dylan Johns, Ruth Kruger, Roger Haneman, Steve Skadron, Jack Johnson and Jasmine Tygre were present. Staff present: David Hoefer, John Worcester, City Attorneys; James Lindt, Sarah Oates, Joyce Allgaier, Community Development; Jackie Lothian, Deputy City Clerk. Jasmine Tygre noted a change in the order of agenda items would be the Chart House hearing first and stop that discussion at 6 o'clock then 210 Sesame Street so John Worcester could be present .for that hearing. COMMENTS Jack Johnson inquired about the conditional use interpretation relative to GMQS and demolition. Joyce Allgaier replied that she and David would speak to him about it. Jasmine Tygre asked the number of ARC employees and if there was an audit in place by a condition of approval. James Lindt responded that after a year the housing authority would perform an audit by actual numbers. Tyg.re said that she wanted to know the original numbers that would be mitigated for and if the article in the newspaper was correct, then the number of employees was significantly higher than originally mitigated for. Allgaier said that it was time to do the audit. MINUTES MOTION: Roger Haneman moved to approve the minutes from the April 6, 2004 with the correction of Johnson's vote to a no on page 9 and April 20, 2004 P&Z meetings correcting the spelling of exemption on page 6; Jack Johnson seconded. APPROVED 7-0. DECLARATION OF CONFLICTS OF INTEREST' Dylan Johns was conflicted on Sesame Street. PUBLIC HEARING: CHART HOUSE LODGE 219 EAST'DURANT- CONCEPTUAL PUD Jasmine Tygre opened the public hearing for the Chart House conceptual PUD. Proof of notice was provided. James Lindt explained the application was submitted by LCH, LLC requesting approval of a conceptual PUD to construct a 14 unit time share lodge on the Chart House property at 219 East Durant. The Planning Commission is the recommending body to City Council. 2 ASPEN PLANNING & ZONING COMMISSION Minutes MAY 04, 2004 Lindt utilized renderings to illustrate the rooftop restaurant that was open to the public; the 14 units were 3 bedrooms each with a lock off and 4 2-bedroom employee-housing units. There was a lounge bar area on the corner of Durant and Monarch Streets. The proposed height was 62 feet 3 inches and the FAR was 3.56:1. The applicant would improve the Durant right-of-way with a sidewalk and preserve the existing cottonwood trees. There would be a below grade parking garage with access off Monarch and would contain 25 parking spaces and 2 proposed parking spaces off the alley. Staff believes the proposed use is appropriate given the intent of the Lodge/Tourist Residential Zone District. Staff has several concerns with the project with the height and mass of the proposal and suggested the applicant reduce the height to be more consistent with the other lodge PUDs in the area. Another concern was the rooftop restaurant use relating to the neighbors being impacted by the lights and noise; staff believes it would be a positive amenity but the associated outdoor seating could pose some privacy concerns, which a condition could prohibit outdoor seating on the southwest sides closest to the 2 residential buildings. Staff also found a lack of on-site parking; the code requires .7 spaces per bedroom and the applicant proposed .5 because of the proximity to town and mitigation measures taken. Other issues staff identified in the review of the application include the south facing glass wall in the stairwell proposed to be 4 stories tall; staff believes there will be glare concerns and suggests the applicant either provide non-reflective glass or other materials that do not provide glare. Staff has concerns for the livability of 2 of the affordable housing units (#3 & #4) because they have windows looking at an 8 foot tall retaining wall four feet away; staff believes there will not be a significant amount of natural light to get to these units and P&Z should have a discussion about the appropriateness of on-site and off-site employee housing mitigation to avoid the cavern-like units. Another concern was the turning for delivery vehicles out of the rear delivery entrance and need further information from a licensed engineer proving the ability to get out without blocking traffic on Dean Street, which could be provided for the final PUD. Stan Clauson introduced Skip Behrhorst and Jim DeFrancia representing the deVelopment team and David Brown the architect. Clauson utilized a drawing to show the scaled in cottonwood trees, which would be saved as part of the project. Clauson stated the project was a 14 units fractional ownership rather than timeshare with 4 2-bedroom employee-housing units, 25 parking spaces, a lounge on the first floor and restaurant on the rooftop. Clauson said the sidewalk in front of Chart House Lodge will be a tremendous asset to the community and developed the design where the sidewalk comes out in front of the trees. The parking scheme would retain parallel parking in front of the Chart House but in order to accommodate the step-out there would be diagonal parking implemented. ASPEN PLANNING & ZONING COMMISSION Minutes MAY 04~ 2004 Clauson responded to the staff issues regarding the provision of additional parking spaces and said that they calculated at .7 and came up with 20 spaces; they took a credit of 4 cars and they are looking for a 4-car relief from the parking mitigation. Clauson said the project was caddy corner from Wagner Park and Ruby Park Bus Station; this lodging property could very easily communicate to the guests that they don't need'to come in cars and will have a opportunity to be in a car free environment when they were here with the proximity of town to walk or bUs anywhere. Clauson stated they believed the parking was adequate but they could probably put 3 or 4 more spaces into the garage using more of a tandem valet parking. The access to the parking was on a lower level through an elevator off of Monarch Street so cars would drive in and be lowered to the parking garage; guests would not do that themselves but would be valet parked and it was not certain whether the residents of the affordable units would need valet Parking or have access to the system. Clauson said the Housing Board did not have an issue with employee housing units once the grate was removed from the rear window wells. Clauson said the two units to the front were slightly below grade but all the windows were fullY opened to the street and the other two units had generous window wells for ventilation, light and egress. Clauson said they broke up the massing of the building and utilized Photoshop to show 3 points from the mall (McDonald' s, the Children's Playground and the walkway toward Monarch Street) to illustrate where the building would be placed. Clauson noted this building was 4 stories plus the restaurant on top; he mentioned other buildings in the area that were 4 stories. Clauson said this could accommodate the restaurant on top of the 4th story because of the way the hill steps up and in fact this building was one story higher than the Dancing Bear Lodge. Clauson thought that re-establishing the restaurant was a good thing because it provided locally serving commercial space; they believed the restaurant was an amenity and fits well with the lodge. He understood the concern with oUtside dining on the west; if both the south and the west outside dining were excluded then it put the restaurant into a difficult position or standpoint to have some sunny spaces to enjoy and the Westside toward the Aztec was separated by Dean Street. Clauson said staff suggested eliminating the snowmelt on the public right-of-way and the applicant thought that it was an amenity. Clauson said they were providing high quality on-site affordable housing; a good relation to transit; providing locally serving commercial space; restoring properties (Chart House was not on the historic inventory but there were elements of the original Chart House being re- used such as beams); improving the alleys and Dean Avenue was like an alley in 4 ASPEN PLANNING & ZONING COMMISSION Minutes MAY 04~ 2004 the pedestrian sense; design compatibility with the adjacent building including porches and pedestrian features; and ensuring the site's usability for social activity. David Brown provided the background for this proposal after the Dancing Bear approval. Brown said after meeting with staff they have dropped a floor and created a'wider diagonal cropped comer to create a more important indoor/outdoor pedestrian friendly spot and step back the upper floors. There was a mixture of stones and siding to blend into the community; the window treatment Would be in keeping with the local storefront levels and the upper more residential levels are show on the elevations. Brown noted that Jack and Roger liked the rooftop restaurant on the Dancing Bear and public amenities were an important component of a fractional lodge so the entire rooftop of this project would be given up to a public space. Brown said the architecture of the rooftop gazebo was intended to be a solar recreation of the Chart House reusing the original hand-hewed timbers by Stuart Mace and Chart House memorabilia, which will be an important amenity to the town. Brown said this would be a terrific and unique compliment to the Aspen experience. Brown stated that the south glass stairway would be redesigned with other materials. Brown explained the architecture in comparison to the surrounding buildings and elements including the heights. Ruth Kruger asked the setback on the 2-story element next to Southpoint. Brown replied it was 4 feet with a material change from stone to siding and shingles. Brown said there would be a hotbed opportunity with the lock-off providing more keys. Brown said the rooftop restaurant with outdoor seating was allowed without mitigation; it was not likely to be a rowdy type of bar. Clauson stated that because of the relationship to Southpoint it was important to reach out to the Southpoint owners so they had a meeting with 5 Southpoint owners. Clauson said the concerns were not so much the height as it was the setback provided. Clauson noted the Southpoint decks were in the setbacks of the Southpoint building and the Southpoint owners asked if the Chart House would consider pushing the setbacks farther but there was only so much farther it could be pushed back and the height lowered and still have a viable project. Skip Behrhorst stated that he loved the town but felt the need to change the vitality of downtown; there was a boundary where development should occur and it should occur close to the lifts, parking, transportation and restaurant. Behrhorst disagreed with staff on the mass and height and the restaurant on the top only counts for 5% of the building. Dylan Johns asked where the 4 to 5 extra spaces came from. Lindt replied that the applicant's estimate did not include the affordable housing or spaces to be used for ASPEN PLANNING & ZONING COMMISSION Minutes MAY 04, 2004 the restaurant itself. Johns asked about parking on Monarch Street being diagonal parking and short term parking for check-in. Clauson responded that on the Chart House side it would remain and the city would be willing to assign several of those spaces as short term parking, which would allow the mm over for guests. Johns asked if there was a reason that the delivery entrance was on Dean Avenue and asked if there had been a turning radius study done for accessibility. Clauson replied there was access ability and Aztec had their entry drive across and would provide the necessary study at detail. Ruth Kruger asked how far along was the Dean Street Plan. Lindt replied that Council gave the go ahead to retain a landscape architect for the street improvement plan. Kruger requested viewing the plan. Kruger asked if there was a flagship hotel associated with the project. Behrhorst replied there was no affiliation at this time. Kruger noted the fimeshares were required to have provision for reservations and rentals. Clauson replied that there would be provision for that use. Behrhorst replied that he didn't know if it would be it's own boutique hotel or affiliated with a national. Kruger asked if they have entertained leasing or dedicating some street spaces for parking. Clauson answered the city was not entering into those kinds of agreements; there could be one dedicated space on the Chart House property. Roger Haneman asked why the difference between the applicant's trip generation at 78 and environmental health's at 524. Lindt replied that environmental health's method of mitigation includes shuttle, bicycles, pedestrian amenity by providing a sidewalk and required trips based upon the proximity to downtown. Haneman asked about the city engineer not wanting to put in snowmelt. Lindt replied that he had concerns about putting snowmelt in public rights-of-way, which has been a general policy of the city and then there become issues with the maintenance. Steve Skadron inquired about the housing board being comfortable with the affordable housing units and staff questioning the livability of units 3 & 4. Lindt responded staff believes that those 2 units towards the rear of the structure will not get natural light. Allgaier said the commission could make the recommendatiOn to council on the affordable housing livability. Skadron asked if the term "public amenity" had some legal binding or was it just a general term to use. Lindt replied that it was a general term and could include recreation area, public restaurant or something that provides sales tax to the community and high quality atmosphere for. guests. Skadron asked if the pool at the St. Regis was a public amenity. Lindt answered that it was not because it was for the use of only that property; a public restaurant would be a public amenity. Skadron asked if the applicant envisioned this as a 5 star property. Behrhorst replied that they hoped that it would be a 5 star ASPEN PLANNING & ZONING COMMISSION Minutes MAY 04~ 2004 or 4 star with the finishes and furnishings; they would not be a Holiday Inn Express. Skadron noted one of the concerns of the AACP that he hoped would be addressed was the social interaction and diversity; the 5 star properties at the base of Aspen Mountain exclude this. Skadron asked if the rooms were turned over to rentals and were acting as hotel rooms was there a tax collected. Allgaier stated that when a room was placed in a rental pool the city collects a sales tax on it but when it goes to an owner then no tax is collected. Johnson asked what the underlying zoning was for Aztec and Southpoint. Lindt replied they were LTR as well. Tygre asked for clarification for the bar/lOunge area on the first floor and how it differs from the restaurant on the roof. Behrhorst answered that it was intended to be more of a social area with possibly hors Woeuvres or some type of food brought from the restaurant above but it would not be another restaurant. John Rowland asked how credits were given for the Chart House with regards to employee housing. Lindt replied that speaks to the existing net leasable space the Chart House building currently has, which last operated as a restaurant so that square footage of net leasable square footage could be applied to the new restaurant net leasable square footage. Public Comments: 1. Peter Thomas, public, stated that he spoke on behalf of several Southpoint homeowners, which sits to the due west of this project. Thomas complemented the design and planning elements of the project and staff preformed an excellent job analyzing the infill impact and the appropriateness of timeshares. Thomas stated concern for the height, mass and setbacks; he requested the commission look at the site-specific application and the height proposed but the 4-foot setback was the biggest concern for his clients. Thomas asked if public comments would be taken on the height and mass at the next hearing. 2. Max Bolans, public, manager of Aztec, stated concern for the parking situation in the neighborhood; the delivery trucks to the St. Regis and St. Regis employees were not allowed to park in front of the St. Regis or the parking garage so they parked on the street. Bolans said the trucks double park on Dean Avenue and leave their engines running. 3. Adam Goldsmith, public, Aztec owner, stated concern for the trucks parked constantly across for the Aztec; he said this project was a money thing and that was driving this project. Goldsmith said the Aztec lot was about half as big as this and had 8 bedrooms and this project had 50 bedrooms. Goldsmith said the photos were not the way to look at this project; he said that everyone knows it needs to be scaled down and the restaurant will impact the neighbors. ASPEN PLANNING & ZONING COMMISSION Minutes MAY 04, 2004 4. Toni Kronberg, public, stated that she was not an owner and had no vested interest but spoke about the setbacks regarding to the zoning for mass and density. Kronberg read from the AACP. 5. Letters from Raymond Lochead, Helen Libby and Brody Smith all against the project because of height and massing were entered into the record. MOTION: Ruth Kruger moved to continue the Chart House public hearing to May 18, 2004; seconded by Dylan Johns. APPROVED 7-0. CONTINUED PUBLIC HEARING (04/06/04 & 4/20/04): 210 SESAME STREET 8040 GREENLINE REVIEW & SPECIAL REVIEW FOR ATTACHED ADU Jasmine Tygre opened the continued public hearing for 8040 Greenline Review and Special Review for an attached ADU. John Worcester said there was an issue raised regarding covenants and a deed restriction placed on the property from the county, which should not affect your decisions tonight. Worcester said that his understanding was the deed restriction was placed on the property as part of the lot split in the county; some of the neighbors questioned whether or not the building enVelope should be changed back to where it was as part of the covenant or deed restriction that was placed on the property presented an interesting legal question. Worcester said there were two ways to look at it that either it was a county land use regulation or it was a private covenant between the county and the property owner. Worcester said that with respects to the 8040 Greenline Review this does not affect the commissions deliberations; if it's viewed not unlike the zoning when the land came into the city with the annexation then it is subject to city jurisdiction and city zoning regulations would apply unless.at the time of annexation the City Council annexed it subject to some restrictions placed on it and no such restrictions were placed on it._ Worcester said when the property was annexed it would be subject to city zoning setbacks; they were made aware of the county requests from a requirement on a particular building envelope and staff represented to Council at the time of annexation the county zoning would go away and the city zoning would apply. Worcester stated that if the county had a deed restriction as a private covenant with the property owner then it was a private covenant not enforced by the city. Worcester noted he received an email from John Ely the county attorney suggesting that this meeting may be continued because of there was an issue with respect to approximately 8,000 square foot deed to the current owner; if the commission does not want to continue the approval could be granted subject to or conditioned upon the City Attorney's office being satisfied with the title existing. ASPEN PLANNING & ZONING COMMISSION Minutes MAY 04, 2004 Brandon Marion said what he heard was that the county could directly impose that regardless of what the city does. Worcester stated that it could be viewed as a private covenant and when it was annexed the city's zoning regulations would apply thus the city setbacks. Jasmine Tygre said one of the other questions was that part of the parcel was supposed to remain open space and should not be calculated in development rights or dimensional allowances for this particular parcel. Worcester replied that he was not aware of that issue. Jack Johnson asked what the covenant was. Worcester answered the covenant was when the property was in the county as part of a lot split the county conveyed the property to the current owner with a restriction on that conveyance that the building envelope would be a smaller building envelope than what would be allowed under the city zoning. Cindy Houben stated that she would wear two hats because she lived at Midland Park but also worked for the county and did not want to confuse any issues. Houben utilized the plat map to show the 8,000 square feet. Houben provided the history of the Mascotte 99 Lode in 1992 Barry Siegle the owner of the property asked the county to donate land to him in exchange for the affordable housing on Lot 1; the 8000 square feet was needed in order to have a land area that was now the Aspen Electric Subdivision Lot 1 and 2. Houben said to include the 8000 square feet by a lot line adjustment by the county for the sole purpose of building affordable housing (BOCC Resolution#92-387) clearly states that only 753 feet would be able to be used for Barry Siegle's house but no deed was ever conveyed from the county to Mr. Siegle. Worcester said if the commission is inclined to approve the 8040 review that it be conditioned upon title being satisfactorily presented to the city attorney"s office, which would give the county attorney an opportunity to verify this. Sarah Oates said that in terms of FAR there was no change from the county to what they have in the city as it relates to the dimensional requirements. Tygre said there was an issue in what they can do. Worcester said there was a legal zoning issue in which case it goes away when it became annexed into the city or it's a private covenant between the county and the property owner, which is then up to the county. Worcester said the FAR was the same in the county as in the city. Ruth Kruger stated that she would rater table the issue until it wasn't so clouded. Curt Sanders said this was tabled from a previous hearing and they didn't know about this issue and Mr. Degraeve has a policy of title insurance on the entire property all that is within the annexation of the city; the county signed the lot line adjustment plat. sanders said this was an issue that could be taken care of quickly with John Worcester and John Ely. Tygre said that she was confused because there 9 ASPEN PLANNING & ZONING COMMISSION Minutes MAY 04, 2004 was more than one issue here. Sanders said this issue was on the record very clearly when the annexation occurred and it was subject to R-15 city zoning. Tygre said that Mr. Fuller's letter said a portion of this property was open space. Sanders said that was a letter from 10 years ago and he was going by the resolution of approval. Houben said that Mark Fuller used the term open space loosely when it was part of the Mascotte 99 back in 1974, but it never got deed-restricted open space and the only question was the 8000 square feet added onto the lot was sterilized except for the 753 square feet. Sanders said that term open space does not appear in the resolution of approval only the future building site if Mr. Siegle was to add onto the house. Johnson said then what you are saying was that when it was annexed then that restriction went away. Sanders replied yes and that the city attorney said the same. Johnson said this was tabled for conditions # 1 and #7 and he was willing to hear this tonight but according to what was being said was that it was open space with a little o and not like a whole parcel of land. Johnson said if it's not real open space like Holden-Marolt then what is it. Worcester said treat as you would any other city parcel with setbacks determined by the city zoning. Allgaier said it would be the remaining yard because there was no designated open space. Tygre asked for a better explanation of how the massing works and possibly the geotechnical. Sarah Oates stated the issues from the last meeting were c°nditions # 1 the geotechnical (memo from John Niewoehner in packet and the March 10 DRC minutes along with Geotechnical information provided by the applicant) and #7 the bulk and mass (the applicant included drawings showing the building). Oates noted staff added a condition of approval that speaks to Cindy's concern for construction hours from 7am to 7pm Monday through Saturday. Bill Pollock utilized drawings to illustrate the bulk and mass and the geotechnical addressed the mudflow and rock fall. Pollock noted the site was very steep and by putting flat roofs the heights were minimized; it was 20 foot to the very top of the roof and the mass was 60 feet from the Salvation Ditch. Pollock said because the house was pushed into the slope the mass and heights were reduced; the ADU was 30 feet off the property line and 2 stones would be allowed. Pollock said they were not breaking up the ridgeline; 12 to 16 foot high trees were planted. Pollock said that no berms would be put in and a small amount of disturbance to the soil would be accomplished. MOTION: Ruth Kruger moved to extend the meeting until 7:15pm; seconded by Roger Haneman. APPROIZED 7-0. 10 ASPEN PLANNING & ZONING COMMISSION Minutes MAY 04~ 2004 Public Comments: 1. Joe Wells, public, stated he was a neighbor at Midland Park; he said the more important open space was on the front of this site and hoped that it could be preserved. 2. Jeff Bestic, public, said that he also lived at Midland Park and understood that the 8000 square foot was given to Barry Siegle to create the Aspen Electric Subdivision and now it seems to being taken a second shot at something that's already being used. 3. Greg Karas, public, stated he lived in the Aspen Electric Subdivision and remembers Barry's house being so close to the edge and his property'that rocks would roll down. Karas said that the he would like to see the house as far back into the hillside as possible and the lowest would be the least visible. 4. Shael Johnson, public, stated that she was also a Midland Park Homeowner and presented a letter that was in the packet. Johnson asked if there was a retaining wall behind the house. Pollock answered there would not because the back of the house was buried int© the side of the hill. 5. Cindy Houben, public, Midland Park owner asked the commission to look at the letter in the packet from Heidi Hoffmann. Houben said personally she felt this was a beautiful design and her concern was the use of public land for private use; she stated concern for the lighting from further away. Jack Johnson stated that after visiting the site it seemed the owners has taken into consideration the issues of height and mass by the way the design is sited; it would be a lot better than what was described from the previous house. Johnson said it was nice to see supportive letters in the packet from neighbors and the drawings ,were very helpful. Kruger agreed with Jack on the architect has done a good job with the massing and minimizing the roof impacts and did not have a problem supporting the project. Marion agreed with Jack and stated he drove down to the Midland Park area and once trees were added the impacts would be minimal. Skadron concurred with Jack and said the project did a good job mitigating the impacts. Haneman said to limit cutting and grading the house must move to the front of the property and it then no longer blends into the hillside. Pollock said the old house looked more massive because it had 2 story walls and the one they were presenting had walls that were broken up; Barry's house was a cube sticking out. Haneman said that mostly his issue was the massive glass and the visibility at night from across town. Pollock stated the glass would not be floor to ceiling and would be minimized; this was a beautiful site with 360° views and being sensitive to the neighbors they were screening with trees. Pollock said the lighting codes would be adhered to as well as the amount of glass allowed. Pollock said Degraeve's adjacent house has 4-foot 11 ASPEN PLANNING & ZONING COMMISSION Minutes MAY 04~ 2004 by 6-£oot windows now and no complaints have been received; there were retractable shades. MOTION: Ruth Kruger moved to approve an 8040 Greenline Review and a variance from the ADU design standards to allow an ADU attached to the primary residence by entryway stairs, for the construction of the single-family residence and ADU at 210 Sesame Street, with the conditions included in the P&Z Resolution#04-11 and the additional condition that this approval is conditional upon the finding by the City Attorney that title to the property is properly vested and that no conflicts exist to prohibit the development as proposed. Should the City Attorney or the County be unable to convey clear title or use the findings of P&Z are null and void. Seconded by ROger Haneman. Roll call: RoWland, yes; Marion, yes; Haneman, yes; Skadron, yes; Johnson, yes; Kruger, yes; Tygre, no. APPROVED 6-1. MOTION: Jack dohnson moved to extend the meeting until 7:30pm; seconded by Brandon Marion. APPROVED 7-0. Discussion of motion: Tygre said the condition did not express what she thought should be included in the condition. Johnson stated his vote was to approve the 8040 Greenline Review and relate to what was tabled from the first meeting regarding issues #1 and #7 because the other issues were outside the scope of the 8040 Greenline. Tygre stated that she appreciated the design but it was too massive and stated concern for the windows in terms of creating too much light into 'the other parts of the city. PUBLIC HEARING: RIO GRANDE PARKING GARAGE AND PLAZA SPA AMENDMENT Jasmine Tygre opened the Rio Grande Plaza Spa Amendment; notice was provided. MOTION: Roger Haneman moved to continue thepublic hearing for the Rio Grande Plaza Spa Amendment; seconded 'by Jack Johnson. APPROVED 7-0. Adjoumed at 7335 pm. ~vc'l~i~'Lo~l~ia~i, Dep~Ut~ City Clerk 12