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HomeMy WebLinkAboutminutes.council.19791022 Kathry~S. Koch, City Clerk Regular Meeting Aspen City Council October 22, 1979 Commissioner Edwards called the meeting to order at 4:15 p.m. with Commissioners Child and Kinsley, Councilmembers Michael, Parry and Isaac present. RESOLUTION #19, SERIES OF 1979 - Clean Air Advisory Board Joint Board ii' Reso. 19, 1979 CAAB joint Commissioner Child moved to approve the resolution to have the CAAB be a joint board; ~board seconded by Councilman Parry. All in favor, motion carried. Colorado Highway Request List P~quest to County Manager George Ochs explained the county engineer had given the Commissioners the Highway depa~hL~! annual request list to be sent to the Highway Department for improvements to state roads.i! for improvements The municipalities give their requests to the county and these can be submitted to the state jointly or separately. Pat Dobie, county engineer, said the County's priorities are (1) reconstruction of Phillips curve, (2) upgrade the intersections with Highway 82 downvalley, (2) request continued funding for development of two-lane bypasses, and (4) funding and support for the Aspen to airport busway. Ochs suggested they also ask to widen the Castle Creek bridge or put sidewalks on it. (Councilman Collins came into Chambers). Ochs told the Boards if the City Council endorses this list, it will go in as a joint request. Dan McArthur, city engineer, told Council his list of priorities for the city included the reconstruction of Highway 82 east of town from Original to the Roaring Fork bridge. This is the most important one as far as the City is concerned. Councilman Isaac said he would also like to see Highway 82 widened east of the Roaring Fork Bridge, Councilwoman Michael moved that the list of requests be submitted to the Highway Departmen~ as follows; (1) reconstruction of Phillips Curve, (2) reconstruction of Highway 82 from Original to the Roaring Fork Bridge, (3) Upgrade the major intersections with Highway 82, and (4) requesting widening of Highway 82 east of Roaring Fork Bridge; seconded by Commiss- ioner Kinsley. All in favor for joint list; motion carried. Commissioner Kinsley pointed out the busway from the airport is already going on and~was only on the list for an okay. 3. Law Enforcement Facility. George Ochs told the Boards this has been presented to the Commlssioners by the jail committee. The committee recommended the location known as the Law Enforc~ent Oden property, which is county-owned property next to the Courthouse. The second location building is lower on the property behind the Courthouse and protrudes on City-owned propertY. Jim , Caudill Associates, showed some plans and a model and told the Boards that the choice was arrived at because of the law enforcement center needs; there is excellent vehicle access. There is a grade change from the parking level to the top so~the building will not have a great visual impact. Dick Kienast, sheriff, pointed out that both the police department and sheriff's office generate a lot of foot traffic and the site has to be easily reached by pedestrians. (Mayor Edel came into Council Chambers). Karen Smith, planning director, said the planning office has argued against Site A becuase that is the best site for the performing arts centers. Ms. Smith said the farther east site could be accessed by pedestrians from Main street. Site B, however, has potential problems with parking structure and could conflict with the Benedict plan. Commissioner Child said the committee has ignored political boundaries and tried to pick the best site for the needs of the center. Councilman Parry said he preferred site A because of the access and he preferred keeping a civic center development at the end of Galena street. Mayor Edel asked the size; Jim answered it would be in the neighborhood of 20,000; the Courthouse has 17,000 square feet. Mayor Edel said he felt the City P & Z should look at this plan before the Boards do anything further. The Boards agreed this should go to P & Z. COUNCIL MEETING Councilmembers Isaac, Parry, Collins, Michael, Van Ness and Mayor Edel present. MINUTES Councilman Van Ness moved to table the minutes from September 24, 25, October 3, 4; second~ by Councilwoman Michael. All in favor, motion carried. CITIZEN PARTICIPATION 1. Raymond Auger told Council the present rate of energy consumption in the U.S. is twice that of some European Countries. The United States could reduce the energy consumption by 50 per cent. Auger said it was appropriate that some significant energy conservation Energy c~nservation programs should be undertaken, and suggested that governmental organizations take as a goal reduction of energy consumption by 50 per cent by the year 2000. Auger said the firsl request 18 per cent of reduction can be accomplished quite easily, and is possible through house- keeping procedures. Auger said the political action committee is putting forth as a goal that the City draw up energy conservation programs. The Roaring Fork Resource Center is willing to provide technical advise for departments trying to reach a 10 per cent reductio~ in the first year. Councilwoman Michael said this is a laudible goal, and asked that Auger contact city official to offer resources as how this would be instituted. Mayor Edel asked that the committee come back to Council with a tangible plan. There were many people in the audien¢ supporting this approach. 2. Kevin HoddaCk asked CounciI to approve space for the Aspen Housing and Job Counseling Service in the Wheeler Opera House. Hoddack said they had approval from the M.A.A. to Wheeler - share space with them until they reconvene in June. City Attorney Stock pointed out one of the problems for the M.A.A& sharing space is the fire marshal's request to the Pub for request for secondary access. Stock told Council also if the forest service does not want the space, space there has been another request previous to this one for sharing the M.A.A. space. Stock asked this be placed on an agenda so the Council could be given better background. 3. Stormy Mohn invited Council to a meeting at the Gant November 6 at 7 p.m. to discuss "Restoring the ~merican Dream". 4. Joe Porter told Council he had discussed with Duane Fengel and H. J. Stalf the bus problem with school children riding the city buses. Porter has also talked to the Board oJ Transportation Education and this is a very complicated problem. Porter told Council that Stalf has school kids on worked out some of the problems. Porter suggested to the school board there are things city buses that could be done to consolidate the facilities and provide safety. Porter asked Council to extend an invitation to the school board to have a temporary school bus system until everything is worked out. COUNCILMEMBER COMMENTS 1. Mayor Edel said for the past four months the City has had acting City Manager H. J. City Manager Stalf, who has supported the Council and done an outstanding job. The Council has had a appointment long and extensive search for city manager with over 550 applicants. The Council is Wayne C~apman pleased with the final decision of Wayne Chapman from New York, who the Council feels will do an outstanding job for the Council and City of Aspen. LIQUOR LICENSE RENEWALS Councilwoman Michael moved to approve the liquor license renewals for Great Western Spirit Company, Tom's Market, Little Annie's, Grog Shop, Maurice's R. Pea's and Uncle Willy's pending conditions set by Tom Dunlop; seconded by Councilman Isaac..~Alt in favor, motion carried. APPLICATION FOR 3-WAY LIQUOR LICENSE - BuSter and the Fox Liquor License Mayor Edel opened the public hearing. Councilmembers Michael and Van Ness stepped down application due to conflicts of interest. City clerk reported the file, posting and publication were Buster & the in order. John Van Ness stated he had known Buster and Phyllis Ginter and their repu- tation around town is for the highest possible integrity% Van Ness pointed out the Fox Ginters said they would be personally liable for the business, which is very unique. Bob Jacobs asked that any approvals be conditioned upon his and Tom Dunlop'~s approvals. Councilman Isaac asked if this building was going to be torn down next spring. Ginter said they had an option to keep operating if it was not; if they do tear it down, they would like to relocate. Ginter told Council they planned to operate dinners from 5:30 to 10:30 with appetizers at 3:00. It will be a small operation with seafood, lamb, pork, etc. Councilman Isaac moved that based upon the evidence presented at a public hearing held October 22, 1979, related to an application by Phyllis Ginter for Buster and the Fox for a three-way liquor license, the Council finds that the needs of the community has not been met and that a liquor license should be granted conditioned upon the applicant meeting the conditions of the fire 'marshal and health inspector; seconded by Councilman Parry. All in favor, motion carried. SELECTION OF UNDERWRITER Bond underwriter Mayor Edel announced that Kirchner/Moore has been selected to be the City's underwriters, Kirchner/Moore and thanked Dain/Bosworth for their time and presentation. CENTENNIAL PROJECTS Ramona Markalunas submitted a list of projects for the Centennial year which appear to be city-oriented. The Wheeler Opera House is the top priority for the Centennial. Some of Centennial the projects they would like done are more tree planting and upgrading of the city streets projects The general outline is to get different organizations in town to sponsor centennial events. They would like to create a centennial park at Highway 82 and Cemetery Lane; to get street lights similar to those on Main street throughout town. Ms. Markalunas said she would like to see Lift No. 1 park renamed after the Willoughbys, and to fix up the boat tow, to paint the three towers perhaps in cooperation with the Ski Corp. ~s. Markalunas said she would like to look at establishing a ski museum in the building to demonstrate what has happened to the town and ski industry since 1930. Ms. Markalunas said she would like to frame pictures taken by Henry Jackson to be exhibite~ in City Hall. This may cost about $1,000. They would like to have historical markets placed on City Hall, Court House, Wheeler, Stollard House. The trails around could have historic markers placed along them. Ms. Markalunas pointed out that Ute Cemetery is in terrible shape and it belongs to the City. Perhaps the Parks Association and volunteer help could clean it up. Ms. Markalunas suggested that the city could use the centennial logo on the postage meter. Mayor Edel said the logo should be used throughout city hall, and this will require some budgetary consideration. Ms. Markalunas suggested a council- member be on the Centennial Projects committee. Council elected Michael Behrendt. COORDES EMPLOYEE HOUSING AND SUBDIVISION EXEMPTION Subdivision Jim Reents, housing director, told Council this application is for condominiumization of Exemption an existing building and the designation of 3 units of employee housing. The property Ooordes/ is located at the corner of West End and Hyman streets and is a four-~lex. The applicant ~ployee is asking to build 3 units outside the GMP and is willing to designate 3 units inside the housing structure as low, moderate and middle income units. Reents told Council 7 units on the property is allowed through GMP because this is in the R/MF zone. The applicant is asking for subdivision exemption for the purpose of condominiumization of the property and the right to sell individually each of the 7 units; 3 units will have both rental and sale price guideline restrictions. Reents told Council P & Z has recommended approval of this application with certain conditions; applicant install curb and gutter and sidewalk when they are installed in the neighborhood, and to find alternative parking for what now exists within the public right- of-way. Gideon Kaufman, representing the applicant, told Council the studio and two existing one-bedroom units will be employee housing. The purpose of this application is the right to build 3 new units and thereLwill be 3 permanent employee units as opposed to two units with 5 year restrictions. Kaufman pointed out all units will have six month.. minimum rental restrictions on them. Councilwoman Michael moved to approve the expansion of the property and the condominiumiza tion conditioned upon the applicant deed restricting 3 units to low, moderate and middle income and the conditions outlined by Reents and the P & Z; seconded by Councilman Isaac. All in favor, motion carried. CITY MANAGER 1. Water Plant Housing - Project Management Contract. Reents explained to Council that Aventura, who has been involved in this project, was willing when Council initially decided to finance the project with a g.o, bond to continue as project manager. If the Water Plant g.o. bond issue was defeated, they would step into ownership and continue with an IRB and Housing they would reimburse the city for contractual payments. Reents said he needed to know if project Council wants to Continue the relationship~with Aventura or to seek management capability Management locally or in-house. The proposal by Aventura to manage the project is $110,000 plus contract expenses which is very near the going rate nationally. Reents said the city owes Aventura a response to their proposal. Mayor Edel said he felt the city could proceed without Aventura at this point, save money for the city and not be committed. City Attorney Stock said now the Council has selected an underwriter, they can contact their attorneys and get the paperwork ready for an election, probably in January or February. Mayor Edel said he felt the city could go in-house and hire an additional engineer for $25,000. Council concurred. Reents said he would tell Aventura the City is not interested in pursuing contractual arrangement right now. 2. Housing Report. Reents said he had been asked to 10ok into figures for put~ing-up a duplex on city-owned land on Cemetery Lane. Reents said using pre-fab units, this could be done on the low end of the construction market. The cost for the duplex would be approximately $110,000 including foundation work~ landscaping, utilities, PIF, etc. To Employee housing finance over 10 years and getting an interest rate locally between 6 and 8 percent, the C~etery Lane annual debt service would be between $15,000 and $17,000. On a monthly basis this would be $600 to $650 per mond for a 3 bedroom duplex unit. Mayor Edel asked that Reents work with finance director Butterbaugh on this. Reents pointed out there might be legal ramifications of the city taking out a 10-year not, and he would like to get with the Cit~ Attorney also. ORDINANCE ~74, SERIES OF 1979 - Concerning Subdivision of Lodges and Hotels Richard Grice, planning office, presented a draft ordinance for a direction to go on the Ord. 74, 1979 subdivision of hotels and lodges. The planning office feels the condominiumization of Moratoriu~on lodges will constitute a change in use. Grice told Council he is working With the Lodgin subdivision of Association on the concerns and is doing research. The Lodging Association does not have lodges & hotels a consensus in their group. Heinz Coordes, presideht of the Lodging Association, said the need to determing what they want the lodging industry to become, then look at the alterna- tives. Councilwoman Michael said she felt an ordinance prohibiting subdivision of lodges is premature at this time; the Council is talking about a moratorium or prohibition. Gideon Kaufman said that Council should wait for a report from the Lodging Association before they take any action. City Attorney Stock said he would favor some time sharing of lodge units; this might be a~ appropriate method to provide economic incentive to the lodging community. Stock pointed out the subdivision code only speaks to condominiumization of housing units, and only superficially. The subdivision regulations need redrafting. Stock stated it was his opinion Council needs a moratorium right now. Coordes said he would like a meeting with Council and the Lodging Association to pursue what has been started. Coordes said a further delay of a decision might be damaging. CoUncilwoman Michael moved to table the moratorium ordinance until the next meeting; seconded by Councilman Parry. Mayor Edel said he looked favorably upon a moratorium so Council can be informed on this issue and that any applications submitted to the planning office will not be processed. Councilman Parry said the city is putting one ordinance on top of another and it gets so complicated that nothing gets accomplished. Councilman Parry said he did not feel that subdivision of lodge units would drastically reduce the lodge units. Mayor Edel pointed out the moratorium is just to give Council time to investigate with the Lodging Associa- tion. Councilman Isaac suggested the moratorium should be changed to 3 or 6 months rathe~ than one year. Councilmembers Michael and Parry in fav ~, Councilmembers Isaac, Collins and Mayor Edel opposed. Motion NOT carried. Councilman Isaac moved to read ordinance ~74, Series of 1979, with the expiration date of December 17, 1979, rather than October 1, 1980; seconded by Mayor Edel. Mayor Edel stated this would be a 60 day moratorijm with no extensions. Councilman Collins said he would rather see it end April 15th. Councilman Isaac amended his motion to March lst; seconded by Mayor Edel. Councilman Isaac urged Councio to make a decision as quickly as possible. All in favor, with the exception of Councilmembers Michael and Parry. Motion carried ORDINANCE ~74 (Series of 1979) AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBDIVISION OF LODGE AND HOTEL UNITS AND THE APPROVAL OF SUBDIVISION EXEMPTIONS FOR THE PURPOSE OF CONDOMINIUMIZATION, TIME-SHARING OR SPLITTING THE FEE OF SUCH UNITS was read by the city clerk. Councilman Isaac moved to adopt Ordinance #74, Series of 1979, as amended; seconded by Councilman Collins. Roll call vote; Councilmembers Michael, nay; Isaac, aye; Collins, aye; Parry, nay; Mayor Edel, aye. Motion carried. SUBDIVISION EXEMPTION - Molly Gibson Richard Grice, planning office, told Council this is a request for condominiumization of Subdivision 22 existing lodge units. The application offers a guarantee the use will not change and iexer~Ption there will be on-site management. There will be no kitchens. This lodge is in a residen- t'Molly Gibson tial~ zone where short term accommodations are not a conforming use. Grice recommended denied the engineering comments be condition of any approval. The city attorney cited Section 20-9(c), which states you cannot condominiumize non-conforming uses. The P & Z feels the proposal has negative impacts; there would be no way to enforce the uses changing to long term, people would be tempted to install appliances which would add to the health and safety problems. The P & Z recommended denial. The planning office recommends there are a number of issues involved and questions without answers; they also recommend denial and suggest they apply for full subdivision review. Jeffrey Sachs, representing David Jones, pointed out many applications have come into the!i city, gone through the process and there has been fairness. A lot of concerns have been expressed about opening the floodgates for condominiumization of lodges in the city. Sachs ~ted that previously applications in process when a moratorium was put on wereI! allowed to continue. Stock told Council with this application for subdivision exemption, ii they must continue as though there were no moratorium. If Council denies this applicatio~ the applicant may file fOr subdivision and the moratorium would aPply to them. Sachs told Council the 1979 pillow count for lodges and condomiums was 8100; of this there are 47 small lodges with less than 100 pillows each. This is a small lodge with 54 pillows. The issue is how to raise capital to maintain a lodge or to upgrade it. If the lodge deteriorates, .it ruins the quality of the Aspen experience. There is a continual spiral of downward for lodges. The alternatives are to raise capital or to sell out before the lodge deteriorates further. Sachs told Council that condominiums get their fair share of short terming. In condomini~ ~s it is easy to raise capital by sending out assessment notices. Small lodges are not a profitable entity. Sachs said the P & Z gave a reason for denial of the Tipple Inn because there is a possibility of reducing the tourist housing supply. The quality deterioration among small lodges is reducing the supply. Sachs stated the use remains the same whether the building is condominiumized or not; the use can be enforced by zoning. Long term leasing is not being done now; short term leasing makes more money. Sachs said another reason for denial would be the increased possibility of abuses such as illegal kitchens. In a condominium, the other owners are detectives. Another reason from P & Z was that kitchen units would violate the growth management plan. Sachs stated these kitchens would not be installed. Another P & Z concern was that there would be disintegration of management, maintenance and services° The management would be the same; this lodge has on-site manager's apartment. The reservations would be the same, and the maintenance and services will be upgraded through access to more capital. Another P & Z reason is the reduction of lodge units creates pressure on surrounding residential zones for lodge development. Sachs said this is true; however, deterioration of quality of loding results in pressure for additional lodge rooms. Sachs said what will happen.is there will be increased rental prices for quality rooms and increased pressure on residential areas to cheat. Sachs stated the Molly Gibson is a totally non- conforming use in the R-6 zone. Section 20-9(c) states that no subdivision should be approved which includes elements not in conformance with the Code. This section does not say no subdivision should be approved which is a non-conforming use. The Code allows non-conforming uses to continue; it is not an abatement ordinance. Sachs told Council this is not a subdivision proceeding; it is an exemption and Section 20-9 does not come into play if Council approves this as an exemption. Sachs is asking Council to exempt this as a subdivision. Sachs' client feels this is the right thing, and condominiumization of small lodges is the right way to go. Right now there is only theory as to the affects of condomiumization. Stock told Council that a request for exemption rests on the sound disCretion of the Council. The discretion should be based on substantial evidence. Stock told Council there is language in the Code that Council makes the decision to promote the health, safety and welfare of residents and visitors to the City of Aspen. Stock outlined the differences between exemption and exception. StoCk told Council he read Section 20-9 as stating that any property to be subdivided must comply with all the other elements of the zoning code, including its use. Stock told Council in order to grant this request, the Molly Gibson would have to be in a use district allowing for lodge and they are not. Stock stated he would stand by his opinion this cannot be subdivided because of Section 20-9(c). Lee Pardee, P & Z member, told Council said the commission felt the whole issue of condo- miniumization of lodges should be looked at, there are broader issues. Councilman Parry said he felt people were wrapped up in problems that are going to get deeper, and the city has government by denial. Councilwoman Michael asked why this is an exemption. Sachs said this is not unusual; it is a straightforward application in conformity with the time-tested procedures. Everyone else has come to the city in this manner and has been granted exemption. Stock pointed out this is a lodge application, not a duplex. Mayor Edel asked if the applicant is willing to dedicate x-portion of the sale to improv- ing the lodge. Sachs said the condominium regulations could require that the sale of units would go back into upgrading of the facility. Grice said there is a possibility to get to the financial versatility and maintain the use by short terming through time sharing. Stock said one form of time sharing is the advance sale of reservation space. The loding community likes split fee interests which takes away the essential element, the underlying owner. The purchaser does not have some- thing tangible. Time sharing needs some kind of consumer protection. The community desires lodge owners to get sufficicent cash to reinvest and also that the property turn over and be used for tourist accommodations. ~e~u±ar ~ee~ng Aspen ~lty ~oun:cl± OctoDer 22, 1979 , Sachs said Council has the opportunity here to have a pilot program, to set up a positive approach with the improvement of this lodge and see what happens. If Council can set up conditions the applicant is willing to meet, they should try it. Olof Hedstrom, chairman of P & Z, said they were cognizant of the need to upgrade lodges. However, they felt the Subdivision way to solve the financing problem was not by action that would create other serious ex~tion problems. The problems of financing should be addressed direCtly and not by condominiumi- Molly Gibscn zation. Hedstrom stated they have some evidence that some units are withdrawn from the rental market by ownership. Sachs pointed out that non-conforming uses cannot be financed because they are subject to the whims of the zoning authorities. Mayor Edel said an important objective is to get nice lodging. Councilman Parry said the owners would put money in voluntarily to the units in order to get top dollars. Mayor Edel said he would like the applicant to guarantee x-percentage of the sale to be put into upgrading of the facility. Councilman Collins said this should either be given approval under the same rules or deny and put in hold position to go through full sudivision procedures and not make this a special case with setting conditions. Councilman Collins moved to deny the subdivision exemption for the reasons given by the city attorney and the memorandum from the planning and zoning commission; seconded by Councilman Isaac. Councilmembers Isaac, Collins and Mayor Edel in favor; Councilmembers Michael and Parry opposed. Motion carried. FINAL PLAT APPROVAL - Anderson Jolene Vrchota, planning office, told Council this is an application for a two lot subdivi. sion to divide a 6,000 square foot lot which is conforming in the R-6 zone. The engineer- Final Plat ing department asked this go through exceptions procedures so~,they could see the final approval plat. The P & Z looked at this application at conceptual and preliminary and approved it subdivision with conditions. The engineering department has given approval as all problems have been Anderson cleared up. Ms. Vrchota outlined the conditions from the P & Z and planning office. (1) This property has a trail alignment in the 1973 trails master plan along the Roaring Fork river which links two trails. If the applicant were to donate the whole easement, it would mean 5,000 square feet dedication. The recommendation is that the trail easement be considered part of the park dedication fee for lot 2. If Mrs. Anderson decides to buil( a duplex, the park dedication fee be applied to the second unit. They decided that 0nly a fishermans easement is appropriate for the trail; it is not appropriate along the river to have an 8 foot bicycle path. (2) Another conditions is to allow Mrs. Anderson a 60 day period between the new dwelling units and when the existing house would be removed. (3) The Historical Society requested examination of the house to see what it's historical value is. The Open Space Advisory Board would like to examine the house to see if they could use it as a caretaker's unit. Ms. Vrchota recommended 60 days for Mrs. Anderson to move and interested local groups to examine the structure to see if it could be removed., Ms. Vrchota told Council the Hildur Anderson trust is interested in offering a portion of the property to the City for sale, which is approximately one acre. The P & Z recommended the City be given 30 days to con- sider the purchase. This property could be used for open space or employee housing. Mayor Edel asked what could be buil~ on the acre. Jeff Sachs, representing Mrs. Anderson, said depending on how it is put together a maximum of 7 units. Sachs told Council if the city does not wish to buy the property, Mrs. Anderson has the right to proceed under the GMP or employee housing overlay. The deadline for applications under GMP is January 1 and they will have to have time to plan the submittal. Sachs said he felt it was imappropriate to require Mrs. Anderson to make the structure available to anybody at any price. Ms. Vrchota said the P & Z made that a condition of the conceptual approval. Mayor Edel agreed it is her building and how can the city force her to do something with it. Sachs told Council he is asking the city to enter into an indemnity agreement for the trail easement. Stock stated this is not normal with a fisherman's easement. The city has not granted these in the past as on a fisherman's easement people are on the property and that is the owner's responsibility. However, the city never intended Mrs. Anderson would have any responsibility for improving the trail to protect people who use it. Stock recommended Council grant the indemnity. Councilman Isaac moved to approve the Anderson subdivision exceptions with the conditions outlined by Ms.. Vrchota's memorandum except Mrs. Anderson will not be required to remove the house and the city will offer indemnity for the trail and points 3 through 7 in Jeff Sachs' letter of September 10; seconded by Councilwoman Michael. All in favor, motion carried. FINAL PLAT APPROVAL - Hyman Street (Baker) Ms. Vrchota told Council this is a request for subdivision exception of an existing duplex Subdivision on 5 townsite lots. There would be a redrawing of the lot lines into two parcels. The _exception P & Z agreed this should be an exception and granted conceptual approval with the conditio] ~man street that the shed on the new lot line be moved to one side or other, and that the duplex be (Baker) restricted to minimum six month leases. The engineering department has given final approw requesting sideswalks be provided for both lots and a new curb cut be included for both lots 1 and 2. Ms. Vrchota noted that approval is also being asked for condominiumization of the duplex which has just been built and has no history of rental. Therefore, Section 20-22 does not apply. The condominiumizatiOn should be conditioned upon six month rental restriction. Ms. Vrchota told Council in the basement of the duplex there is a third unit which is deed restricted for employee housing. Councilman Parry moved to approve subdivision exception with the conditions as stated and approval of the condominiumization of the duplex; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~50, SERIES OF 1979 - Conflict of Interest Mayor Edel opened the public hearing. City Attorney Stock submitted to Council two amendments to the ordinance they could make and recommended the second one which amended Section 2(b) i :<~ [~Ord. Councilman Parry moved to adopt Ordinance ~50, Series of 1979, as amended with the second 50, 1979 Conflicts of choice; seconded by Councilwoman Michael. Roll call vote; Councilmembers Collins, aye; Interest Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~58, SERIES OF 1979 Zoning of Smuggler Enclaves Mayor Edel opened the public hearing. Stock pointed out he had changed the SPA zoning on the Smuggler Trailer Park to be effective only 90 days and then it is removed. Mayor Ord. 58, 1979 Edel closed the public hearing. Zoning of Smuggler Councilwoman Michael moved to read Ordinance #58, Series of 1979; seconded by Councilman Enclaves Collins. All in favor, motion carried. ORDINANCE #58 (Series of 1979) AN ORDINANCE ZONING THE SMUGGLER ENCLAVE ANNEXATION WHICH LAND HAS RECENTLY BEEN ANNEXED TO THE CITY OF ASPEN PURSUANT TO ORDINANCE 935, SERIES OF 1979 AND THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk Ms. Vrchota told Council they they zoned this area they considered the existing land uses and the surrounding land uses. The major land use is Smuggler trailer park and the P & Z will come back with a proposal for a mobile home park zone. CoUncilwoman Michael moved to adopt Ordinance #58, Series of 1979, on second reading; seconded by Councilman Isaac. Roll call vote; Councilmembers Isaac, aye; Collins, aye; Van Ness, aye; Parry, aye; Michael, aye; Mayor Edel, aye. Motion carried. Ms. Vrchota entered into the record the memoranda of the planning office. ORDINANCE #72, SERIES OF 1979 - L-1 Code Amendment Ms. Smith told Council she felt this should go to public hearing as it is important to get public input on it. The code amendment was presented to P & Z and they refused to initiate it. Ms. Smith said the planning office differed with P & Z on this matter and Ord. 72, 1979 felt there would not be any adverse affects on this amendment to allow single family and .-~L-1 Code duplex because this has recently been done in the L-2 zone. There is not much left in ! !amenda~ent the L-1 zone to build out except the Sabbatini property. P & Z felt this might promOte the conversion of lodges to multi-family uses. The planning office feels the lodges woul( have to go through GMP in order to add kitchens to become a different type of use. Ms. Smith said a solution might be to allow single family and duplex and not allow multi- family. P & Z did not go for that. P & Z feels this may be handled through the proposed lodge and residential preservation clause. The planning office considered all the pros and cons and recommended this amendment as they did not think there would be substantial impacts and the benefits in upgrading uses are better than relying on the lodge preserva- tion clause. Councilwoman Michael moved to read Ordinance ~72, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~72 (Series of 1979) AN ORDINANCE AMENDING SECTIONS 24-3.2, 24-3,4 and 24-4.6 OF THE ASPEN MUNICIPAL CODE PROVIDING FOR PERMITTED USES, MINIMUM LOT AREA PER DWELLING UNIT AND RESIDENTIAL USES IN THE L-1 ZONE DISTRICT was read by the city clerk Councilman Parry moved to adopt Ordinance ~72, Series of 1979, on first reading; seconde( by Councilwoman Michael. Councilman Isaac asked if the proposed lodge preservation ordinance would take care of the Sabbatini problem. Stock an~.wered it would not because the ordinance addresses lodges not housing. Ms. Smith recommended the ordinance address both housing and lodges as it is substantial public benefit by allowing these non-conforming uses to upgrade. Council- man Collins said his concern was breaking down the lodge district where it was intended to be at the base of the mountain. Rick Sabbatini told Council his piece of property is the only property with any develop- ment potential. Sabbatini would like to be able to replace a very old building with at least 4 units which would probably join the short term rental market pool. The GMP total lodge unit allocation is only 18 units, and one cannot build on 5 lots an economically viable lodge. Ms. Smith agreed looking at the build out in the L-1 district it seems unlikely there will be conversion to single family or duplex'. Roll call vote; Councilmembers Isaac, nay; Collins, nay; Michael, aye; Parry, aye; Van Nes aye; Mayor Edel, aye. Motion carried. ORDINANCE #75, SERIES OF 1979 - Mountain Bell Tax City Attorney Stock told Council the city has an agreement with Mountain Bell to receive 2 per cent of their gross receipts. The Supreme Court has said this was illegal. This is Ord. 75, 1979 to adopt a revenue tax per account. Mt. Bell Tax Councilwoman Michael moved to read Ordinance #75, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #75 (Series of 1979) AN ORDINANCE CONCERNING REVENUE AND IMPOSING A BUSINESS AND OCCUPATION TAX ON TELEPHONE UTILITY COMPANIES OPERATING WITHIN THE CITY OF ASPEN; PROVIDING FOR THE COLLECTION OF SAID TAXES AND FOR PENALTIES WITH RESPECT THERETO was read by the city clerk Councilman Isaac moved to adopt Ordinance #75, Series of 1979; seconded by Councilwoman Michael. Roll call vote; Councilmembers Van Ness, aye; Isaac, aye; Michael, aye; Collins, aye; Parry, aye; Mayor Edel, aye. Motion carried. FREE MARKET EXTENSION - Top of Mill and 500 South Galena Ashley Anderson reminded Council two weeks ago he had requested extension of the two year Grow~chManag~ent deadline of the growth management plan for the employee units. This met with resistance. Deadline - They were waiting for the employee housing overlay, and had promised to build ~he employee request for housing first. Anderson said when they started the drawings, they determined they wanted extension to maximum the number of units they could build. First they came to ask to build larger units and were denied. The overlay~:.which was being talked about would basically solve the problem and they have been waiting for that. Anderson said they would submit the employee housing plans according to the GMP deadline and feel they will be able to increase the size should the overlay pass. If it does not pass, they will just build them. Anderson told Council he was present to ask for an extension of the free market units for one year. The housing overlay will not extend to the free market units; they are committe to the number of free market units the allocation was for. Ms. Smith said if the housing overlay did apply to free market units, they would probably have to go through GMP for the additional units. Anderson stated if they attempted to get more units on the property, then the extension is ineffective and they cannot rely on the allocation. Stock reiterate that in return for an extension of the free market units, Anderson will admit and restrict themselves to no more free market units on the legally described piece of property. Anderson stated if onlY under the overlay they can get more free market, fine; they cannot rely on this allocation. Stock said he had no objection to the extension of free market units as long as the city gets a commitment that building season next year they are in the ground constructing the employee units. Councilman Van Ness said he felt the exten- sion was not unreasonable, however it should not go on too long. Councilwoman Michael moved for a free market extension on said property for six months; seconded by Councilman Parry. Councilman Collins asked how this could be granted without amending the ordinance first. Stock said he would have to modify the ordinance with language to allow Council to grant extensions. Councilwoman Michael withdrew hermotion. Councilwoman Michael moved to direct the city attorney to make language changes in the present ordinance to allow Council to grants extensions on projects; seconded by Council- man Parry. Councilman Collins said he had problems with amending ordinances and changing laws for single applications. Councilman Van Ness said when the Council makes laws in new areas, it is possible to have instances where it makes sense to change and modify the laws based on practical experience. Councilman Collins pointed out that no one ever knows what the rules are; the Council have to give laws a chance to function. Councilwoman Michael suggeSted after the budget is over, Council, P & Z and the planning office sit down and discuss the codes and planning philosophy. Councilman Collins said the Council is react- ing to a single application, and this is not a good way to deal with the laws. If the Council wants to amend the GMP, they should do it right. Ms. Smith pointed out her object ion was the applicant who came in ~3 and did not get to build; the city could have had employee units up front. All in favor, Councilman Collins and Mayor Edel opPosed. Motion carried. City Attorney Stock asked Council for permission to be absent from the next Council meet- ing as he would be at a National Institute of Municipal Law Organization meeting. Stock is on the national committee for land use planning and has been asked to give a report at that convention. Council granted permission. Councilman Van Ness moved to adjourn at 9:25 p.m.; seconded by Councilman Collins. All in favor, motion carried. Kathryn/. Koch, City Clerk Regular Meeting Aspen City Council November 12, 1979 Commissioner Edwards called the joint meeting together at 4:10 p.m. with Councilmembers Collins, Van Ness, Isaac, and Michael and Commissioners Child and Kinsley present. Also present were~ity ManagerWayne Chapm~ and County Manager George Ochs. 1. Proposal to Create Community Greenhouse. Les Dawn told the Boards he would like to C~.nnity help the community to get started on a solar greenhouse. Dawn said he is trying to get an office in town so that he could get the project going; Dawn asked the Boards for their Greenhouse suggestions and reflections. Commissioner Kinsley said it was important to sell the Boards on why they should participate and to what extent. Dawn said a community greenhouse means community government and the people themselves.