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HomeMy WebLinkAboutminutes.council.19800128Regular Meeting Aspen City Council January 28, 1980 Mayor Edel called the meeting to order at 5:00 p.m. with Councilmembers Michael, Isaac, Collins, Van Ness, ane Parry present. Also present were City Attorney Stock and City Manager Chapman. MINUTES There were no minutes CITIZEN PARTICIPATION 1. Fire Chief Willard Clapper read a letter to Council from the Pitkin County Safety Council regarding the changing of square foot formula for occupancy in bars and restau- rants. The letter cautioned Council to analyze all possible information and potential Densities repercussions that night result from their decision. The Pitkin County Safety Council restaurants said they hoped Council would not just rely on one source recommending higher occupancy & bars loads. Council should tour existing exit facilities to see the number that do not meet the requirements of the building code and that are hazardous. Clapper stated there are a number of exits winding through kitchens, hallways, basements; some are locked, chained bolted and barred. There are exit~ blocked by trash, liquor, ice, etc. Cl&pper told Council the fire marshal, Bob Jacobs, has repeatedly asked owners and managers to clear the exits. Clapper said that occupancy loads are related to the number of exits, their location, width, etc. The Public Safety Council stated they do not believe that the e~isting codes or ordinances shoUld be changed and that to the contrary they should be more strictly enforced and provide for penalties for those who habitually and flagrantly violate them. Mayor Edel said he was very concerned that the city was not following through on blocked and inaccesible exitS. It seems like the city is not doing their job; perhaps another enforcement officer should be hired. Councilman Van Ness suggested since the police do bars checks, they could pub exit checks on their list. Bob Jacobs told Council he and the Public Safety Council are definitely against cha~ging the method to calculate the occupancy loads. If the occupancy load is increased, the exits have to be upgraded and have more. Councilman Collins, on the committee to study this, told Council the committee is getting more data from Jacobs. Council asked staff to look into the exit situation. 2. Gideon Kaufman, representing Carla Astor, asked Council to waive conceptual, approval of the subdivision. The subdivision process takes two meetings to Council and two to Astor subdivision P & Z. The application for conceptual has gone to p & Z; they approved it and recommended request to Council waive conceptual approval. Council has seen the application at the time of waive rezoning request. There is a time problem on this application; there are four employees conceptual waiting to move in. The planning office has recommended approval of the waiver. Kaufman t~ld Council they will have a chance to see the application at final. Sunny Vann, plannin office, told Council he had no problems with the waiver. Councilman Parry moved to put this on the agenda; seconded by Councilwoman Michael. All in favor, with the exception of Councilman Isaac. Motion carried. Councilman Isaac said he he understood that the P & Z had denied this request. Kaufman explained he had requested exemption from subdivision but because a plat had not been presented, they wanted.to go through subdivision. Vann said the planning office recommend d denial of the subdivision exemption; however, this step of the process could be waived wit no detriment to the process. ~ Vann stated the conceptual presentation is identical to the presentation Council had seen at the rezoning stage. Regular Meeting Aspen ulny Councilman Van Ness moved to waive the requirements of conceptual approval on this parti- cular project; seconded by Councilman Parry. All in favor, motion carried. COUNCILMEMBER COMMENTS 1. Councilman Van-Ness said in the past people had complained about the snowplowing in Snowplowing the west end. Councilman Van Ness said he had gone through the west end and the plows had done an extremely good job. Councilman Van Ness rem~nded everyone it snows in the east end, too. 2. Councilman Isaac mentioned a letter from Fred Braun who is retiring as president of Mountain Rescue. Councilman Isaac said he felt it would be appropriate for the Council to write a letter of commendation for his work. Council concurred. 3. Councilman Isaac told Council he had been elected to the COG Board of Directors as secretary-treasurer. 4. Councilman Isaac brought up the water ~epartment annual report and said he would like Water departmen~ this discussed further, at a study session or the next agenda. Councilman Michael said annual report the report is excellent and would like to go over the major points. 5. Councilwoman Michael pointed out that Aspen has five skiers headings for the Olympics, Mike Farney, Mark Tache, Ruth Baxter, Dave Stapleton, and Andy Mill, and asked if the Council would be interested in recognizing their achievement and communicating it to them. Councilwoman Michael suggested some gesture when they return. Council agreed and hoped the Chamber picks, lup on this. ~ 6. Councilman Van Ness said the Charter amendment groups seems to ge picking up steam; and that some of their facts are in variance with reality. Councilman Van Ness said it felt it was very important that the city has a responsibility to get the word out on the facts and issues before it is too late. Finance Director Butterbaugh said there would be a written report. Municipal Judge 7. Mayor Edel told Council there are four applicants for Municipal Judge; Brooke Peterson interviews Robert Grueter, Gary Wright, and Bill Hodges. Council scheduled interviews for Wednesday, February 6 from noon to 2:00. 8. Mayor Edel brought up the city manager memorandum regarding the city's lot on Cemetery Lane and the possibility of providing employee housing on it. Councilwoman Michael moved to place the extra city lot on Cemetery Lane on the agenda;. seconded by Councilman Isaac. All in favor, motion carried. CITIZEN PARTICIPATION (again) 3. Peter Forusch, representing the Ski CorpLs political action committee, told Council Water plant the PAC has some questions concerning the water plant housing project. (1) What happens housing project in five years if there is no shortage of employee housing and a considerable vacancy rate; what guarantee is there the taxpayers will not have to pay. (2) Is there is potential conflict of interest in Council reviewing competing projects? (3) Would the Council ever consider selling or condominiumizing~all or part of the project if sufficient income is not generated. Forusch told Council the Ski Corp PAC conceptually approves of this bond issue, but would like these questions answered. Mayor Edel thanked Eve Homeyer who has gone out of her way in representing the City regard lng the housing and the bond issue. A-95 REVIEW - R.S.V.P Request for Funding Councilman Isaac told Council this request is to fund the Retired Senior volun~er Program in Pitkin County; the money goes through COG. Mayor Edel asked if the City's portion of $2,000 was budgeted. Councilman Isaac said it was. CITIZEN PARTICIPATION (again) 4. Richard Boothe told Council he had had a problem with Dillingham's and the police To, incident department over a towed vehicle. After going through channels, Boothe found out the car could not be released. Boothe said he insisted someone know about this and do something about it. After about two week of delay, Boothe told the police depart~n~the had no intention of playing storage fees etc. Boothe said the fees he felt were the responsibility of the officer who told him he could not get h~s vehicle, F~nally after one and a half months, Amdy Ramirez wrote out a release, and the storage fees were over $300. At that point Boothe went and looked at the vehicle; found Dillingham's had removed it from the impound lot and about $1200 worth of things were stolen. Mayor Edel asked Chief of PoliCe McClung and City Manager Chapman to get together with Boothe to get the fact~-straight so a decision can be made. Councilman Isaac said he did not feel it was Council's place to have anything to do with this; the city manager should work on it. Councilman Collins said he would like to know how it was disposed. Councilwoman Michael moved for favorable comment on the R.S.V.P.; seconded by Councilman Isaac. All in favor, motion carried. LIQUOR LICENSE RENEWALS - Arya; Andre's Club Liquor License renewals - Councilman Isaac moved to approve the renewals for the Arya and Andre's Club; seconded by Arya;Andre's Councilman Collins. All in favor, motion carried. i ~ ~-~~ --- ~ ......................................... SPECIAL EVENT PERMIT - M.A.A. Jan Collins told Council this request is for three separate events in the summer to be able to service drinks as a fund raiser. Special Event Peri, it Councilwoman Michael moved to approve the special events permits for June 28; July 23, and August 17 at the Given Institute; seconded by Councilman Isaac. All in favor, motion carried. CONFIRMATION OF AUDITORS FOR 1980 Frank Schneider, Schneider & Shuster,' introduced John Tilden and Dave Steiner. Finance DirectOr, Lois Butterbaugh, requested Council give the Mayor the authority to sign a Auditors formal letter of engagement so that the firm can start getting the audit under way. Ms. Confirmation Butterbaugh told Council they will be doing the audit late this year and it should be done by June. Councilwoman Michael moved to approve hiring of Schneider and Shuster; seconded by Counci.~- man Collins. Councilman Van Ness noted the firm seemed to be doing this job at a discoun~ from normal billing rates. All in favor, motion carried. FOOD TAX REBATE Food Tax Mayor Edel said it has been eight or nine years since the food tax rebate was first Rebate instituted, and the cost of food has gone up significantly. The city's return has gone u], and the Council request the city manager come back with figures on the costs to increase this in line with current costs. The report said the food costs have increased 85 per cent; the food tax rebate would come up to $39. This would cost the city an additional $36,000 per year. Councilwoman Michael said she wanted to discuss rescinding the sales tax on food because the state is not collecting sales tax on food. Councilwoman Michael said the Council should discuss where they are philosophically and what the policy bhould be. Councilman Isaac said when this was discussed at a study session, it was pointed out the City does not have enough money in the general fund not to collect city sales tax on food. Ms. Butterbaugh pointed out last years sales %ax on food generated $330,000 in city and $180,000 in county share. The city cannot afford to lose that income. Ms. Butterbaugh pointed out the past Councils have agreed not to take action to reduce the amount of sa~es tax during the term of the bonds that are outstanding. Mayor Edel asked if the city had $36,000 available for this increase. Ms. Butterbaugh said the refund come 2/3 out of the seventh penny and 1/3 out of the sixth penny. There is money available in the sixth penny to met that 1/3; there is not money in the seventh penny. City Manager Chapman told Council the five year financial plan they had asked for would be ready soon. Chapman said before the Council made any decision like this, he would appreciate the opportunity to sit down and go over the five year plan. City AttOrney Stock told Council they cannot modify the level of taxes; however, the ordinance are not drafted to prevent them from changi~gthe exemptions to the sales tax. The mitiga- ting factor would be what effect the exemption has on the funds. As long as it does not reduce this to a point where the city cannot cover, the Council could change the exemptioLs. Councilwoman Michael said she would be interested in seeing what could be phased in in the future, not dropping the tax this year. Councilman Van Ness pointed out if the food tax is dropped, it will have to be made up somewhere else. Finance Director Butterbaugh t61d Council she would get figure to show what the revenues are, guests versus local, by using the off-season compared to winter. Mayor Edel said he felt it would be difficult to drop the tax from a financial point of view. Mayor Edel said he would rather see the amount of rebate increased. Mayor Edel asked the staff for more input, and Council will wait to look at the five year plan. CONDOMINIUMIZATION OF LODGE UNITS City Attorney Stock told Council that members of Council, P & Z, the Lodging Association, and planning office have worked hard to create a draft ordinance for Council's considera- Condc~miniumization tion. This draft is getting close with some minor modifications. St'ock told Council Lodge Units it will require about 75 days to get the draft ordinance adopted. The ordinance addresse the planning office's concern that the units stay in the short term market; addresses the long term management, and the need to physically upgrade the lodge units. Stock told Council the staff is not completely satisfied and would like to moratorium extended to cover work on the draft. Stock told Council the Lodging Association agrees with this; they do not want lodges to be condominiumized without proper controls. Gideon Kaufman, representing the Lodging Association, told Council they have met numerous time to address issues brought up previously. The group came up with a two part process and the elimination of non-conforming uses. There will be an overlay for lodges as well os condominium~. Kaufman said the Lodging Association has no objection to the extension as long as it is understood what was worked on and presented is the basis of what Council will be dealing with. Kaufman said if this draft iS totally eliminated and the staff will start over, then the Lodging Association does have a problem. Kaufman told Council this ordinance addresses existing legitimate lodges. The condominium units will remain in the short term rental market to be used as temporary accommodations. One of the areas of concerns was restricted owner's use. The group determined December 18 through March 20 is the peak tourist season and when the lodge units are'needed and should be restricted as to use. Kaufman told Council the summer tourist is identified as a different type of tourist who stays for a longer period Of time. This was done as a compromise; the lodging association did not necessarily want to do it, but it was in response to the concern of the P & Z. The occupancy of a unit for lodge manager or star should not be restricted So that an employee can stay there. RiChard Grice pointed out these have to' be short-termed or it will be a violation of the growth management plan. Req61ar Meetinq Aspen City Council January 2S, Kaufman said sums assessed against the owner for a vi~lation of the personal use restric- tion will be a lien on the property so that the city has the right to enforce this provision. Kaufman told Council that lodge owners have traditionally supplied employee housing, and the group has talked about a minimum of providing two pillows. As long as Condc~ini%~niza- the lodge owner still owns the lodge, the employee will stay. When the individual rooms tion/lodge units are sold, there is a chance people.will want to maximize the units. There will have to be a restriction On the number of pillows retained for employees. Kaufman said the lodge~ should provide on-site management and maintenance of the high quality. The paragraph was put in the ordinance because of concerns from city staff and P & Z. The ordinance also says that condominium-lodge units should remain available to the general tourist market and be made available to a central reser~tions. Kaufman told Council that paragraph 6 addresses the intention of physiCally upgrading the lodge with some alternatives. People may upgrade the rooms to 20 per cent of the assessed value or $2500 per lodge room or present a plan to meet with Council's,approval. Mayor Edel said he did not think this was enough money or percentage 9f upgrade. Councilman Van Ness said the lodges in town are in a wide variety~of conditions. Kaufman told Council these alternatives were to give the lodges some flexibility. Grice said he felt Section 6 w~uld be hard to enforce and to administer and would recommend leaving it out entirely. Grice said he felt the market will determine this. Councilman Van Ness said he felt the lodges were upgraded too much. Councilwoman Michael said she thought the city was going to look at non-conforming situation so that lodge owners could get financing. City Manager Chapman said he felt the ordinance represents an lenf6rcement problem and a burden to the city staff. Kaufman told Council they felt the ordinance would be internally enforced. The restrictions will be placed in the condominium documents. Councilman Van Ness asked Kaufman if they were satisfied with the moratorium extension. Kaufman reiterated it would take at least 75 days to complete the process. Councilman Van Ness moved to read Ordinance #6, Series of 1980, as amended to April 28, 1980; seco rded by Councilman Isaac. All in favor, motion carried. ORDINANCE ~6 (Series of 1980) AN ORDINANCE EXTENDING 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 THE SPLITTING OF THE FEE OF SUCH UNITS Was read by the city clerk Councilman Van Ness moved to adopt Ordinance ~6, Series of 1980; seconded by Councilman Parry. Roll call vote; Councilmembers Isaac, aye; Collins, nay; Michael, aye; Parry, aye; Van N~ss, aye; Mayor Edel, aye. Motion carried. Councilman Collins said he felt this ordinance was a bureacratic monstrosity and is going back to a number of subjective previous conditions. Councilman Collins asked who would back and inventory the status of the lodges for the previous three years. How will go the housing overlay affect the condominiumization of the lodges. Councilman Collins said? he felt the ordinance was unenforceable. Councilman Collins said it would be more straight- forward if the Council came up with something for incentive to lodges that was clear and unmistakable in what they could do. Councilman Collins said this is legislating everything by review on a case by case basis; this is another extension of writing laws to cover very special groups or conditions. Historically, lodges have a single owner who takes care of the lodge and of the tourist. This ordinance will fracture that and will lose the idea of lodges. SUBDIVISION EXEMPTION - Blitz II Sunny Vann, planning office, told Council this is a duplex under construction in the Subdivision lodge district on South Galena. Both units are valued at $450,000; however, it is E~emption believed they were pre-sold in excess of that price. The engineering department recom- Blitz II mends approval subject to the resubmittal of their plat and agreement to enter into a sidewalk improvement district; a utility easement, and provision of 6 parking spaces appearing on the original building plans. The city attorney commented if approval is granted it should be condition on Section 20-22, notice and option and six month minimum lease provisions. Vann told Council before the P & Z, the city attorney changed his position on the six month minimum lease because of location in the L-2 zone and the intent of that zone district. The planning office recommends approval conditions upon the engineering depart- ments comments. The P & Z concurred. Councilman Isaac moved to approve subdivision exemption for Blitz II according to the P & Z recommendation; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXEMPTION - Hamilton Subdivision Sunny Vann explained this is a residence at 540 West Smuggler which is a duplex, one ~.Exemption half of which was owne~-occupied. According to information supplied, the remaining unit i Hamilton is used as a guest house. The engineering department recommends approval subject to ~tabled the owner entering into a sidewalk district improvements agreement and the provision of a minor utility easement. The attorney commented this should comply with the six month minimum lease restrictions. Councilwoman Michael noted the letter from Ashley Anderson indicated there is no rental history for the guest unit. Councilwoman Michael said she knew of two different local families that had lived there. Anderson told Council this was represented to him by the seller. Councilwoman Michael said she would appreciate this item tabled so that Anderson could check into the history of the other unit and report back to Council. Councilwoman Michael moved to table this item, seconded by Councilman Van Ness. All in faVor, with the exception of Councilman Parry~ Motion carried. SUBDIVISION EXEMPTION - Dahlander Jolene Vrchota, planning office, told Council this is an application for subdivision Subdivision exemption for a duplex located on lot 3, Pitkin Mesa, on a 15,000 square foot lot in an Exemption R-15 zone. The P & Z recommended approval of this application. Ms. Vrchota told Council Dahlander there are two separate structures on the property; one was used as an art studio, the other was a duplex with a third unit added. It was suggested to Dahlander by the city attorney and building department that the art studio be eliminated, the buildings be attached, and this be made a legal duplex by eliminating two units. Dahlander will live in one unit and rent or sell the other. P & Z recommended this conditioned upon the applicant making revisions to the improvement survey, which has been received, the notice and option provision, six month rental restrictions. If Council agrees this has been in the low, moderate and middle income housing pool, the application should deed restrict one unit to the price guidelines for five years. Councilman Collins moved to approve the subdivision exemption with the conditions as outlined; seconded by Councilwoman Michael. This includes the five year price controls. All in favor, motion carried. WATER PLANT SPECIALLY PLANNED AREA Jim Reents, housing director, told Council this was approved by P & Z in August 1979. Water Plant The project has not been redesigned so the P & Z approval should still be valid. P & Z Housing SPA recommended the area isolated for housing, approximately 6 acres on the front of the property, that the area and builk requirements of the R/MF be applied. P & Z also recommended that the remainder of the area, exception the water plant itself, be identifi~ d as open space. Mayor Edel read the Aspen Skiing Corporation PAC's question #1, what happens in five year if there is no employee housing and there is a considerable vacancy rate. Can the City give any guarantees that the taxpayers will not have to pay. Councilman Van Ness said these units could be sold if, if that in fact happened. Ms. Butterbaugh told Council under the alternate financing, industrial revenue bonds, there would be no recourse back to the taxpayer. City Manager Chapman said to sell these units it would depend on what the terms of the bond sale is. Ms. Butterbaugh pointed out the rents will be much lower under a g.o. bond; however, the risk is that this could fall back on the taxpayer. The second question: Do you see any potention conflict of interest in future employee housing developments which would compete with the water plant project. Councilman Isaac said the only conflict he could see would be if the water plant project was not filled, why approve any other developments. Jim Reents told Council the housing task force has identified a short fall of around 250-300 units with an additional annual short fall of 45-75. Reents said he did not feel this project would cause a potential threat to any other project. Question 3, would the city sell or condominiumize all or part of the project if it became apparent it could not generate sufficient income to retire the bonds. Mayor Edel said Council has addressed this and the answer is they would. Reents pointed out to sell thes units would require a vote of the people. Councilman Collins asked where these would fit in the housing price guidlines. Reents told Council they would like to operate below the moderate income guidelines if possible. Not all of the costs have been tied down. Councilman Isaac brought up the capacity of Highway 82 and Castle Creek road and stated he was concerned about getting close the the build out of that road. Richard Grice, planning office, told Council these are separate issues, and the fact is that the design capacity of the road has not been exceeded at this date. Grice told Council there is a study on realignment of the Highway. Councilman Collins asked if this application meet all the criteria necessary for approval. Reents answered with the exception of the final documents from engineering, it does. Reents told Council that SPA has to be approved in ordinance form and he will bring this back. ORDINANCE #79, SERIES OF 1979 - Marolt Annexation and Rezoning Councilman Parry moved to read Ordinance #79, Series of 1979; seconded Councilman Collins Ord. 79, 1979 All in favor, motion carried. UpalMarolt ORDINANCE #79 Annexation (Series of 1979) AN ORDINANCE ANNEXING A TRACT OF LAND KNOWN AS THE OPAL MAROLT PROPERTY LOCATED IN PITKIN COUNTY, COLORADO, WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the city clerk Mayor Edel read a telegram from Jerry Fels opposing this annexation and rezoning. Ms. Smith, planning director, told Council the largest reason the proposal is being recommend, d is in the name of employee housing. The proposal offers a substantial portion of the project in employee housing. In view of the recent documented need for employee housing, sites are needed to locate higher density. Ms. Smith pointed out it is difficult to find sites in a community with a constrained land area, and a community that has had a policy of maintaining its character. Ms. Smith told Council the protest by neighbors over the hoUsing overlay demonstrates sites will not be found in already developed areas. The Marolt proposal offers the opportunity to fit the development to the Site's natural features. There are some environmentally sensitive areas on the site; however, a develop~ ment plan can cluster the development to avoid these areas. Ms. Smith showed Council the! Colorado State University maps and the environmentally sensitive areas. Ms. Smith told Council they had recognized the points made by the Open Space Advisory Board and will submit their resolution. However, the planning office feels it is necessary to find balances and the Marolt site offers opportunity to get open space bene- i !OpalMarolt fits as will as providing employee housing. Ms. Smith told Council she felt the develop- i iAnnexation ment can be fitted sensitively to the land and avoid the surrOunding neighbors' concern. Ms. Smith reminded Council the land is presently zoned for 17 units, and a development of single family units is not preferable. Ms. Smith stated there is no ideal site for employee housing. Ms. Smith recommended R-15A zoning as supportable upzoning given the surrounding zoning and density patterns, and is consistent with the 1973 Master Plan. Mainly, the upzoning is justified by the changing employee housing needs. This project will disberse employee housing in a medium size project. There is an annexation agreemen~ which provides conditions to address concerns previously expressed. Ms. Smith told CouncJ if they housing overlay is not adopted, then this should also be zoned SPA and PUD to giv~ guidelines for reviews of this project. Ms. Smith pointed out a condition if this does not happen (the project) within two years of the development plan approval, Council may initiate rezoning to RR-rural residential. Ms. Smith submitted to the record; OSAB resolution November 29, 1979; planning office memoranda December 3, November 13; annexation petition; memorandum from Board of County Commissioners November 15; engineering memorandum November 26; two letters of opposition Sidney Weinberg and Boomerang Lodge; development plan summary; summary of the housing task force; letter from Bob Joyce, CSU maps and 1973 Master Plan. Dan McArthur, city engineer, requested language into the agreement, "Marolt will agree to provide a minimum 150 foot right-of-way easement for the future extension of Main street and provide a minimum 100 foot right-of-way easement for the future busway along the old Midland right-of-way with the exact location to be determined during the SPA and PUD approvals". McArthur said he would like to keep the options open because it is not determined where the busway will go. Curt Stewart, County transportation director, told Council UMTA liked the study and ~the recommendation for a busway and will fund the rollin¢ stock and stations from Aspen to the airport. There are some questions from UMTA. McArthur recommended Council get both easements until the city can evluate the highway study and come up with the right alignment. Bob Joyce, representing the applicant, told he had not problems with the easements, however, he was concerned with specifying exactly where they will go. McArthur agreed the alignments could be worked out. Mayor Edel opened the public hearing. 1. Jim Breasted, chairman of the Open Space Advisory Board, entered into the record theiI recommendation made on November 29, 1979. Breasted told Council the OSAB feels the Marolt property meets all criteria for open space. It has natural area and rural character of landscape; it has unusual views and unique flora, and fronts onlthe river. The property consists of agricultural land and lands which shape urban neighborhood and rural areas. The Marolt property consists of undeveloped land along the transportation corridors, and provides areas for passive and active recreational area. This land has historical and cultural interests. Breasted said the OSAB recommends the city seek to purchase all or part of the property for open space; that the property be zoned PUD overlay to reflect the criteria for open space; the city seek to secure the open space areas permanently by dedications or conservation easements. Breasted pointed out this is the entrance to town and the property is very, very sensitive. The property has the potential to solve some transpor- tation problems. Breasted said that everything should be done to preserve as much of the land open as possible. 2. Christine O'Hara said employee projects are great but the city needs more employee projects. 3. Ed Zasacky told Council there are a number of employee housing projects proposed and in the works along with the Rio Grande property. Zasacky said this is a sensitive'area and it would be more appropriate to wait and see what comes along in the city limits. 4. Ann Runyon said this would would ruin Castle Creek with the soil being moved, debris from building. The environmental impact would ruin Castle Creek. 5. Carly Wood, Design Workshop, told Council the free market housing will be located where the smelting plant used to be. There are foundations there which supported the largest building ever built in Aspen. 6. Chuck Brandt, representing some of the surrounding property owners, told Council he wanted the record to reflect they are concerned about the placement of the free market units, not necessarily the numbers. 7. Hans Gramiger asked his statements be typed verbatim into the record. "The Marolt Annexation Petition presents you with an unique opportunity to negotiate for a strip of land essential for our future improved transportation system and simultaneously settle once and for all the much stuidied and politically debated question of its alignment. It is suggested that Council bargain for and accept a deed for a 150' wide strip of land (2.12 acres) for public use for the future West Main street Busway/hiway and new bridge. Your unanimous "AYE" vote on this conditonal deed will be recognized as coming from that City Council who after a period of over 14 years of "studies and talk" had the political fortitude to take positive action. Your positive approach will be interpreted by the State of Colorado department of highways and by the Federal Highway Administration and by UMTA as an act of good faith upon which immediate cooperation for early funding and construction can follow. Inflation, energy considerations, competition for public project grant money, maintenance and operating expense considerations, environmental impacts, etc. all point to the fact that a consolidated busway/highway is the most timely solution. Opal}~%rolt Annexation The Main Street busway alignment is the most flexible, efficient and effective alignment for both summer and winter use. The most recent study (Aspen/Pitkin County Transit Devel- opment Program, PBQ&D, Inc. November 1979) recommends a Transportation terminal at the Ri( Grande site because Rubey park will no longer be adequate to function as terminal with an expanded bus system and also because ridership statistics show that a more central locati( is desireable. Therefore the continued use of the existing Main street transportation corridor is logical. A two-lane busway being part of a four-lane system results in: a) less negative environmental impact (one principal transportation corridor instea~ of two separate corridors); b) impressive savings for r.o.w, acquisition costs; c) considerable savings in construction costs (especially for new Maroon and Castle Creek bridges); d) considerable savings in maintenance costs (savings of fuel for plowing); e) fantastic transit-incentives (auto,disincentives) through the fact passengers in slower moving private vehicles see modern transit buses speeding by them; f) possibility to allow h.o.v's (high-occupancy vehicles) and emergency vehicles to share bus lanes at certain times and at the discretion of the transportation manager (such as limousines, charter buses, etc.) g) channelization of all traffic by means of interchanges, feeder and frontage roads to minimize the objectionable side road traffic; h) less negative visual impact inasmuch as trails, cross roads, bicycle paths and truck service access lanes must only be accommodated with under and over passes pedestrian bridges, etc. once per given location instead of twice. A novel concept for the new combination busway/highway West Main street bridge over Castl( creek could incorporate an enclosed, heated lower deck for its full length and width serw ng as a garage for buses. The natural heat loss will prevent the icing of the actual roadwa~ avobe. A covered all-weather walkway and bicycle path at the lower level can easily be incorporated. The City of Aspen should also consider to negotiate an option with the Marolts for the purchase of that tract of land between the presently located Highway 82 and the new west Main street alignment (approximately 3 to 3.5 acres). It would make an ideal site for th Transit maintenance facility (%,3935,000 as recommended by PBQ&D, Incz Transit Development Program. It can be constructed into the bank and be kept underground thereby conserving the green space above. It would be physically connected to the lower deck garage under the bridge. It would make an ideal "in-kind" contribution (20 per cent) under the proposed UMTA grant application (recently authorized by both City and County )." "Fo=~.'those persons in this room who don't know what my concern is in this matter, may I just briefly state that I am interested in upgrading out transportation and mass transit syste~ We now have behind us a period of more than 14 years of talks and studies. We do have a good start on a bus system but we have done nothing to accommodate it or to correct some of the worst traffic bottlenecks of out antiquated road network. Demonstration of study reports: (1) Aspen area general plan - February 1966, Leo Daly; (2) Colorado State Department of Highway Study of 1969; (3) Regional Transportation Plan July 1973, Voorhees & Assoc.; (4) Colorado State Highway 82 Design Concept Study, June 197 ~ Halperin; (5) Citizens Bus Alternative Study Report, August, 1975; (6) Aspen-Pitkin Count, Transit/TSM Alternatives Study, September 1978; (7) Aspen/Pitkin County Transit Develop- ment Program, November 1979, PBQ&D, Inc; and a separate stack of study reports in connec- tion with the Pitkin County Light Rail Transit System. When a landowner (newcomer or oldtimer, alike) petitions for favorable rezoning and/or annexation, thegovernment not only has a moral, ethical and legal right to negotiate for and impose conditions it considers necessary for the greater good of the community, but the elected officials actually have a clear duty and at their sole responsibility to watck out for the long range interests of its citizens and their economic base. The Marolt tract will sonner or later be developed whether it stays in the jurisdication ¢ the county or whether it is annexed to the city of Aspen. The new hospital, the proposed water plant employee housing project, its relative location to the existing transportatior corridor and to the only feasible alternate alighnment for a beautified, modern western approach to the city, are sufficient reasons why this property no longer can just remain a sleeping old riverbank meadowland. The City of Aspen should immediately recognize that the Marolt annexation and rezoning petition process gives us the unique opportunity to acquire a piece of land which is in direct line with West Main street which is necessary if we are to imrpove and streamline the western approach into Aspen with a new parkway and a new bridge (for a busway and highway) in connection with a well engineered interchange for Maroon and Castle creek roads, just west of the Princo of Peace Chapel. .7. To those of you who are concerned whether such a request for land is fair to the develope~ one can only say that any developer would rather deed ONE specific piece of land instead of having to reserve TWO separate easements. Our 14 year period of inaction should be considered a degradation of our permanent resi- dents and employees and an insult to our visiting tourists, especially as it relates to the following locations: I ~egu±ar Meeting Aspen City Council January 28, 1980 ' (1) 7th and Main curve (2) 7th and Hallam street curve ~OpatM~rolt (3) Existing Castle Creek bridge iAnnexation (4) Cemetery Lane intersection with 82 (5) Castle/Maroon creek roads intersection with 82 (6) Buttermilk area/Owl creek road intersection with 82 including Pomegranate Inn, Tiehack, Holiday Inn, West Buttermilk road and access to Sardy field (7) Airport Business Center and Sardy field access to 82 (8) Shale Bluffs (9) Brush creek road to Snowmass Village intersection with 82 (10) Woody creek road turnoff on 82 If we could solve each of the 10 trouble spots one by one (or ideally all simultaneously) we would have achieved one hell of an improvement of what we now have. One-half of the just identified trouble spots can be corrected in one single project phase. A new multi-lane bridge over Castle Creek in direct alignment with west Main street and connected with a modern, landscaped parkway to the Prince of Peace Chapel interchange eliminates five trouble spots. We are not making a decision of whether highway 82 should be four laned or not, everybody here should be clear about that. Last week I handed out a memorandum dealing with my suggestion. Today I am asking you to add an important post-script to it. It is an item of excellent news and it should have a lot of meaning to those of you who have had a personal reservation about my proposal because a multi-lane parkway for this project - phase number one could easily be misinter- preted as meaning to four lane 82 to Basalt. The good news is that we do not have to commit to a four laning of 82, now nor at any subsequent point in time. In other words we can endorse each project phase on its own merits. What a fantastic opportunity - We can correct any of the identified 10 trouble spots with state and federal highway funding. In the case of the new Castle Creek bridge we can improve a 5 point problem area more beneficial to our local transportation problems with state and federal financing. Let's make a few assumptions That everybody agrees that: the right angle curve at 7th and Main is not ideal; the right angle curve at 7th and Hallam is dangerous and confusing; that two bridges are better than one; the Cemetery Lane intersection with 82 is frustratin the Castle/Maroon creek roads intersection with 82 is dangerous; a busway on a Main street parkway alignment gives better distribution and can serve a Rio Grande bus terminal in a more efficient manner for locals and tourists alike. Everybody is convinced that a new Castle creek bridge in direct line with West Main street would solve all of the six concerns as just mentioned. That there is a general agreement that not only the general traffic on 82 would be greatly improved but that the direct separate buslanes would strea~ line the mass transit system, and that local users and tourists of Main street, Hallam street, Cemetery lane, Maroon creek road, Castle creek road (water plant employees, hospital employees, emergency vehicles, - etc. etc) would greatly benefit from such a new west Aspen entrance; that no commitment has to be made as to four laning of 82 and that financing for this project phase is virtually assured in record time and construction can be started by the spring of 1981 or 1982. NOW THEN, under these assumptions should the City Council act positively on the recommenda tions to accept a deed for this strip of land in question: Such a question can only be answered in the affirnative, we cannot afford to lose this opportunity to shave off many additional years of further studies and talk about nebulous possibilities with a doubtful outcome. Do we have to be reminded of the time lag i~ takes these days to get anything do even after the "GO" signal has been given. Your affirmative action will mark the beginning of an era of mutual cooperation and trust between the elected officials and the electorate, the credibility between the elected officials and their staff and the citizens will be strengthened. YoUr affirmative action will become the catalyst necessary for the much needed assistance from state and federal agencies. A copout here and now would set us back another 5 to 10 years."""" Mayor Edel said he had reservations about the plan and asked how much commitment the Council could be giving if they annex and rezone. Ms. Smith answered there is no commit- ment by virtue of this zoning to any development plan other than the conditions in the annexation agreement. The planning office it recommending this be zoned R15A/PUD/SPA. Ms. Smith told Council if the housing overlay passes, this application will proceed through~a shorter process. Councilman Isaac asked what the build out would be with R15A and no housing overlay. Ms. Smith answered straight R-15A without subtracting for anything would be up to 150 units; if the 5 acre parcel for Opal Marolt's house and the slope reduction are subtracted, it will reduce this to 100 units. The applicant has committed to no more than 125 units. Ms. Smith said through the development plans review, the appropriate number of units can be found. Bob Joyce said the spread appears to bi between 111 and 125 units. Ms. Smith asked about the intents of the lald for the Elk s facility. Bob Joyce said they are not entertaining the idea of the Elk s at that location and would either give the land to the city or permanently deed restrict it as open space. Ms. Smith suggested adding a cap of 125 units on the property in the annexation agreement. Councilman Van Ness asked if the cap of 125 units will be 70 per cent PMH units. Joyce stated that would hold true at any level of units. Mayor Edel said he wanted some assurance that the employee housing units will be built. Mayor Edel pointed out the agreement said the best efforts possible will be made the employee units will come on in a 70 per cent ratio. Joyce pointed out that "best efforts" and "to the extent in the agreement are legally defined terms. Also, nothing will be developed on the property unless Council approves a specific plan. Req~lar Meeting ~ Aspen City Council 0anuary zu, Stock told Council the annexation agreement will keep them as close to 70/30 as possible. Councilman Isaac noted the Council will get to see this project at least twice more. Councilman Collins asked what the P & Z recommendation is. Ms. Smith told Council P & Z recommended SPA zoning as they did not want to recommend zoning without seeing a develop- Marolt ment plan. The planning office prefers not to go with SPA as it is so boundless; there Annexation are no guidelines. The planning office recommended R-15, which would give the applicant some bottom lines and was consistent with sUrrounding zoning. Mayor Edel closed the public hearing. Councilwoman Michael moved to annex Opal Marolt property to the city and zone it R-15A/ PUD and SPA and adopt Ordinance #79, Series of 1979, on second reading; seconded by Councilman Parry. Hans Gramiger presented a deed for 2.2 acres and presumed his request has fallen on deaf ears. Gramiger stated Council did not recognize the importance of this request. Council. man Van Ness said he was convinced there is a shortage of employee housing in this town of between 300 to 600 units and this is a great opportunity to get a substantial number of employee units at no charge to the taxpayers. City Engineer McArthur asked that his amendment be added to the annexation agreement, "Marolt Will agree to provide a minimum 150 foot right-of-way easement for the future extension of Main street and provide a minimum 100 foot right-of-way easement for the future busway along the old Midland right- of-way with the exact location to be determined during the SPA and PUD approvals". Joyce agreed to that. Roll call vote; Councilmembers Van Ness, aye; Parry, aye; Michael, aye; Isaac, aye; Collir ~, nay; Mayor Edel, aye. Motion carried. (Councilman Isaac left Chambers). ORDINANCE. #84, SERIES OF 1979 - Growth Management Plan extension Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Ord. 84, 1979 Councilman Parry moved to read Ordinance #84, Series of 1979; seconded by Councilman G~P extensions Collins. All in favor, motion carried. ORDINANCE #84 (Series of 1979) AN ORDINANCE AMENDING SECTION 24-10.7(a) OF THE ASPEN MUNICIPAL CODE PROVIDING THAT THE ASPEN CITY COUNCIL MAY GRANT AN EXTENSION OF TIME IN WHICH TO SECURE A BUILDING PERMIT TO APPLICANTS WHO HAVE BEEN AWARDED ALLOTMENTS UNDER THE GROWTH MANAGEMENT PLAN was read by the city clerk Councilman Collins moved to adopt Ordinance #84, Series of 1979; seconded by Councilman Parry. Roll call vote; Councilmembers Michael; aye; Collins, aye; Parry, aye; Mayor Edel, aye. Motion carried. RESOLUTION #4, SERIES OF 1980 - Creation of Urban Renewal Authority Mayor Edel opened the public hearing. City Attorney Stock told Council if they create Reso. 4, 1980 an urban renewal authority, they may either designate themselves as the authority or they Creating may appoint an authority. This does not have to be done:;this evening. Mayor Edel agreed Urban Renewal Council should this about this. Stock told Council the city had received a petition Authority signed by 25 registered electors request the Council form an urban renewal authority. Stock said if Council finds there is at least one blighted area that the powers of the authority would assist in redeveloping, the authority can be created. Brooke Peterson said the main purpose of this would be to facilitate the purchase of Smuggler Trailer Park to some form of ownership by the trailer owners. Mayor Edel closed the public hearing. Councilman Parry moved to read Resolution #4, Series of 1980; seconded by Councilman Collins. All in favor, motion carried. RESOLUTION #4 (Series of 1980) A RESOLUTION DECLARING THAT IT IS IN THE PUBLIC INTEREST TO FORM AN URBAN RENEWAL AUTHORITY PURSUANT TO AND TO EXERCISE THE POWERS PROVIDED FOR IN ARTICLE 25, TITLE 31, PART 1, C.R.S. 1973, AS AMENDED WHEREAS, twenty-five (25) registered electors of the City of Aspen have filed with the City Clerk a petition stating that there is a need for an urban renewal authority to function in this municipality; and WHEREAS, the City Clerk caused notice to be published of the time, place and purpose of a public hearing and said hearing was held by the City Council of the City of Aspen to determine the need for such an authority all in accordance with Section 31-25-104, C.R.S 1973. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 It is a specific finding of the City Council that one or more slum or blighted areas exist in the City of Aspen. Section 2 It is a ~econd specific finding of the City Council that the acquisition, clearance, rehabilitation, conservation, development or redevelopment, or a com- bination thereof of such area(s) is necessary in the~interest of the public health, safety, morals, or welfare of the residents of the municipality. Section 3 It is declared by the City Council that it is in the public interest that an urban renewal authority for the City of Aspen.be created pursuant to Article 25, Title 31, Part 1, C.R.S. 1973, as amended. Regular Meeting Aspen City Council ...... i ....... ~an~9~y 28. 1980 Section 4 The City Clerk is hereby empowered and directed to cause notice of the adoption of this resolution to be given to the mayor for the purpose of his appointment of the commissioners to act as the authority. Councilman Parry moved to adopt Resolution ~4, Series of 1980; seconded by Councilman Collins. All in favor, motion carried. CITY MANAGER .~ 1. Rio Grande area staffing plan. City Manager Chapman reminded Council they had review t the process to develop a master plan for the Rio Grande and had asked the staff to developlt Rio Grande area ways to reduce the $40,000. Chapman said the only way to do that is to absorb those Il staffing plan costs within the current staff. If the staff does it, it will reduce the costs $15,000 / not including the staff house put into this from city personnel. There are some areas that the staff does not have expertise, such as parking issues, garage, landscaping. If the development plans contemplates sales of parcels, they will needs money for appraisals Chapman told Council the best estimate for developing this plan is $15,000. Rick Ferrell said he would rather see this work done outside, by professionals. Ferrell said he was glad to see the momentum going, then private enterprises can get involved. Ferrell stated this $6,000,000 community asset deserves some stewardship more than $15,000. Karen Smith said she saw an advantage in having the staff work closely and havi~g a R &~!Z and Councilmember~on~the commission. If this is not done, the risk is run of going through 6months of a citizen group and come back with a plan that is unacceptab/ to Council. Ms. Smith pointed out there have been 4 or 5 plans done for the Rio Grande, at least two of which were done by outside consultants. These plans have not be acceptabl either. Mayor Edel said the plan is to look at the entire area, take in all the various plans and thoughts, to form an outside commission to look over this. Councilman Van Ness said it would be logical for the Council to first decide what is going to go on the property and then do the planning. Councilwoman Michael said this is in response to a group of citizens who told Council they would like to help plan and work on the Rio Grande The committee will have discussions on the context of this area and moving forward. Councilman Van Ness said he felt the first decision should be a financial one. Mayor Edel reminded Council it was a ~nanimous Council decision at a study session to form this commission on planning the Rio Grande. Councilwoman Michael moved to advertise in the appropriate media to staff a commission to work on the Rio Grande master plan; seconded by Councilman Parry. City Attorney Stock asked Council whether they wanted a formal commission with some powers or a task force. Council decided they preferred a task force. Councilwoman Michael amended the motion to ad to instruct the City Attorney to draft a resolution to create the Rio Grande Task Force; seconded by Councilman Parry. Councilman Collins asked when the five-year capital improvements program would be ready. Chapman told Council it would be done by summer. Finance Director Butterbaugh said if the city is to spend $15,000 or $40,000 on this plan and committee, they will have to have a source of revenue. Ms. Butterbaugh said it might be appropriate to fund out of 7th or 6th penny. Right now for this property, the major emphasis seems to be toward housing, which would come from the feneral fund, and there are no available funds. Ms. Butterbaugh said it is appropriate to set up a balance sheet without a budget until it is determined where this project is going. Mayor Edel reiterated a citizens taks force is going to work with staff to determine what is the best use for the Rio Grande, re: housing, parking transportation, performing arts, open space, etc., how to develop the land to the maximum capabilities. Councilman Van Ness stated he felt it was his responsibility to make that decision first and not to delegate it to a task force. Councilmembers Parry, Michael and Mayor Edel in favor; Councilmembers Van Ness and Collins opposed. Motion carried. 2. City-owned lots on Cemetery Lane. City Manager Chapman told Council there is another lot on Cemetery Lane which is available for building. There are a number of city manage- City-owned lots ment personnel who have expressed an interested in trying the same kind of home ownership on C~etery lane plan as the one Chapman is working on. Chapman recommended Council give his the authority employee housin¢ to proceed with the disposition of that lot. Councilman Parry moved to authority the city manager to proceed with the disposition of th~ lots; seconded by Councilwoman Michael. Councilman Van Ness asked what that disposition would be. Chapman said he is working on the plan of first right of refusal, what the sale value would be, who would be eligible to buy, how the prospective purchasers would be picked. Mayor Edel suggested Chapman come up with the overall idea and concept and plan and bring it back to Council in more detail. All in favor, motion carried. Councilman Van Ness moved as a further direction, the city manager be requested to first consider city employees as occupants/owners; seconded by Councilman Parry. All in favor, w~th the exception of Mayor Edel. Motion carried. ORDINANCE ~3, SERIES OF 1980 - Increasing Tow Fees Councilman Parry moved to read Ordinance #3, Series of 1980; seconded by Councilman Collin Ord. 3,1980 All in favor, motion carried. Increasing Tow fees ORDINANCE #3 (Series of 1980) AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 15, SERIES OF 1979, PROVIDING FOR A TOWING FEE OF $20.00 FOR ANY VEHICLE IMPOUNDED UNDER THE AUTHORITY OF SECTION 22-20 OF THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES was read by the city clerk Councilman Parry moved to adopt Ordinance #3, Series of 1980, on first reading; seconded by Councilwoman Michael. Councilman Van Ness said he felt the city had gotten themselves into the situation where it ~osts more money to tow because the impound lots are in the wrong place. Councilwoman Michael asked how long it had been since the tow fee was increased. Chapman told Council the increase is justified on the basis of inflation alone. Also there have been changes in the operational procedures adding to the costs. The tow fee has not been increased in five year. Mayor Edel reminded Council the impound zoning at the Plum Tree only lasts until April 15; the staff should start looking for another spot. Roll call vote; Counc~lmembers Michael', aye; Parry, aye; Collins, aye; Van Ness, aye; Mayor Edel, aye. Motion carried DROSTE WATER RIGHTS AGREEMENT City Attorney STock told Council when the city purchased Droste's water rights, they agreed to lease the rights back under certain terms. This agreement presented is to lease back to Droste consistent with the terms of the original purchase. Water Rights Droste Councilman Parry moved to approve the agreement and to authorize the Mayor to sign it; Agre~nent seconded by Councilman Collins. All in favor, motion carried. VISUAL ARTS CENTER LEASE City Attorney Stock told Council the VAC has asked this be removed for Some changes. RESOLUTION #5, SERIES OF 1980 - Housing Bonds Stock said some Councilmembers had indicated they wanted to go on record prior to the Reso. 5, 1980 election stating to the voters that the approval of the general obligation bonds would Employee housing not increase taxes, bonds Councilman Parry moved to read Resolution #5, Series of 1979; seconded by Councilwoman Michael. All in favor, motion carried. RESOLUTION ~5 (Series of 1980 WHEREAS, the City Council for the City of Aspen, Colorado, has recognized the urgent need for the construction of employee housing within the Aspen area; an~ WHEREAS, the construction of employee housing is essential to the economy of the City and to the continued viability of the City as a premier ski resort; an~ WHEREAS, the City has prepared plans and intends to construct eighty (80) rental employee housing units on a piece of property owned by the City and located directly south and adjacent to the Castle Creek Road and east of the Aspen Valley Hospital; and WHEREAS, in the planning process it was found that the issuance of general obligation bonds by the City could reduce the rates for the project by as much as 8-10 per cent; and WHEREAS, the reduct of rents is desirable to create the best possible project for the city, and WHEREAS, the Council has placed the question of issuing general obligation bonds before the electorate of the City of Aspen by the adoption of Ordinance No. 89, Series of 1979, and WHEREAS, it is the desire of the City Council to reduce to writing its commitment to the voters of the City of Aspen that their approval of the genera~ obligation bonds would not increase general taxes; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN~ COLORADO: Section 1 That the City Council for the City of Aspen, Colorado, urges the electorate to pass the general obligation bond issue question on February 26, 1980, for the purpose of reducing rentals for the project. Section 2 That the City Council for the City of Aspen, Colorado, pledges that it is its intention to charge and it shall charge sufficient rents withint the project so as to retire the bond obligation without increasing the property taxes of the community. Councilman Parry moved to approve Resolution #5, Series of 1980; seconded by Councilman Van Ness. All in favor, motion carried. ORDINANCE #4, SERIES OF 1980 - Exception of Project for Employee Housing Ord. 4, 1980 City Attorney Stock reminded Council this ordinance is the result of a study session Exception frc~ on the housing overlay. The ordinance exempts from growth management housing projects 6~4P/~ployee with a 70/30 ratio of employee to free market units. Housing Regular Meeting Aspen City Council January 28, 1980 Stock said he would put in language before second reading stating that the employee to free market units have to be built first or concurrently, not second. Councilman Parry moved to read Ordinance #4, Series of 1980; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE 94 (Series of 1980) AN ORDINANCE AMENDING THE EXCEPTION PROVISIONS OF THE GROWTH MANAGEMENT PLAN AND ALLOWING FOR THE EXCEPTION OF PROJECTS WHICH ARE DIVIDED SUCH THAT 70% OF THE HOUSING CONSTRUCTED IS DEED RESTRICTED WITHIN THE TERMS OF SECTION 24-10.4(b) (3) was read by the city clerk After discussion, Council deleted in (a) " .with the exception that a single familt home on a lot of sufficient area to conform with the minimum lot area per dwelling unit as well as the other area and bulk regulations of the district in a district which allows for the construction of a duplex may be remodeled or reconstructed as a duplex". Councilwoman Michael moved to adopt Ordinance ~4, Serires of 1980, on first reading as amended; seconded by Councilman Van Ness. Roll call vote; Councilmembers Parry, aye; Van Ness, aye; Collins, nay; Michael, aye; Mayor Edel, aye. Motion carried. Councilman Van Ness moved to adourn at 10:15 p.m; seconded by Councilwoman Michael. All in favor, motion carried. ~Koch erk