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HomeMy WebLinkAboutminutes.council.19801014 Regular Meeting Aspen City Council October 14, 1980 JOINTiMEETING WITH COUNTY C6MMISSIONERS Commissioner Kinsley called the joint meeting to order with Commissioner Child, Council- mmebers Isaac, Parry, Behrendt and Mayor Edel present. 1. Recycling Program. Jere Rood told the Boards he would like to see the recycling pro- gram re-established as a viable option in this County. There is some research which has been done which is available. Rood said he would like recycling re-established as a statement of Pitkin County's way of life, this item has been neglected for the last coupl~ of years. Mayor Edel asked what the trouble was with the last program. Kinsley said it was started with the expectation the program would cost less each year and would begin to make a profit, which it did not. Kinsley said the markets were uncertain, and they never got a consistent trend going; this is probably changing. Kinsley said he felt this is worth taking another look at; energy is the issue here. Kinsley said the city and county should get time to analyze this as they should not go wit] the program unless there is a level of certainty it could break even. Child said there is sme seed money from aluminium cans at the dump. This could be used to explore the program The Boards decided to look into the program. 2. A-95 Review: CETA Balance of State. Phyllis Kenny requested approval of the Boards regarding this balance of State, which is CETA monies coming through the state and passed out to the regions. Councilman Issa moved for favorable comment on the CETA A-95; seconded by Councilman Parry All in favor, motion carried. 3. Open Space Issues. Jolene Vrchota, planning office, said this issue concerns the cirection of the Open Space Advisory Board and the management of open space lands. The OSAB has completed the master planning and are at a stand still trying to figure out their role. Jim Breasted said there are four proposed actions for the OSAB. One is to abolish the OSAB. They have prepared the master plan and have attempted negotiations on property. They could give the job to the PCPA. Two is a shift from planning and acquisi- tion to an emphasis on land management. Breasted said some properties are not being well managed, in his opinion. Third, the OSAB could actively pursue acquisition. The original direction was to plan open space, then act in acquisition. Fourth, a more aggressive role for the OSAB would be for them to overlay an open space zoning in the county. Breasted pointed out there is a sixth penny, which is the capital fund established to purchase open space around the city of Aspen in order to preserve the rural character around the city. Breasted said he felt there was an erosion of budgeting in the sixth penny; a lot of it is being spent for thingsnot of an open space nature, such as the Visual Arts Center and Wheeler Opera House. Ms. Vrchota told the Boards the OSAB has had two years experience working on open space, there are memebers from other interested groups. A firm planning statement has been made; this statement could be used for acquisitions. Mr. Vrchota recommended a four-p~onged direction for the OSAB; (1) act as sounding board for acquisitions, (2) monitor the use of city and county open space funds and comment on priorities of purchases, (3) continue to review subdivisions where there is a major amount of open space involved, (4) act as watchdog for management, review management of properties and suggest at budgetting time what the parks department might do on certain properties. Kinsley said he did not feel the OSAB should be abolished; however, number 4 above is inappropriate. Kinsley said he did not want managemsnt of the lands by committee. If the county is making a mistake, he would like to hear it but does not want management per se. Councilman Behrendt agreed the interpretation of the use of sixth penny taxes is bein. distorted and would like to have a study session to determine the guidelines for this funds. City Manager ~hapman said he was going to take the open space plan and work it int. the five-year plan to work against the five-year financial plan. This should be done an conjunction with the OSAB. Mayor Edel said he was opposed to financial monitoring. Chapman said as the city and county buy more open space, they have to think about what to do with it. The OSAB is suited to developing maintenance standards and long range plannin of the sixth penny funds for what is needed in terms of maintenance. Ms. Vrchota suggeste~ the OSAB could help set up guidelines and review on an annual basis the status of the sixth penny funds. Child said the Boards have not made a mechanism for the OSAB to report to them, and this should be dones. 4. A-95 Review; Family Planning. Gene Marsh told the Boards this is Federal funding which is distributed throughout the state. The money for Pitkin County is administration for AVVNA which services~.about 400 people a year. Councilman Behrendt moved to favorable comment; seconded by Councilman Parry. All in favor, motion carried. 5. Ruedi Reservoir. John Musick said he had been requested to file opposition to the power generation at Ruedi and to address the power issue in a positive sense and also to follow through on the previous hydro-electric lowhead generation request made for the diversion dam on Maroon Creek. Musick said he would like the city and county managers to follow up on lowhead hydro-electric power on existing city facilities. Musick told the Boards that the State of Colorado as a net power importer; they only generate in this stat~ approximately 4200 megawatts of power. The power needed for the future will be constructe( at $1,000 a kilowatt, which is more than twice today's construction cost. In ten years the bills will be at 60 mils without any energy development whatsoever; this will go from 2.7 mils to 6 mils. The state will have to develop 4800 megawatts of power 4.8 billion dollars in 1980 money by 2005. Mu$ick recommended to the Boards to develop consistent with the water management p~lan implementation the lowhead hydro-electric power in the diversion dams that are built. Under legislation that is being considered, they City can average down the cost of the power bills if their cost of power generation is less than the avoided cost for the power generation by the utility they buy the power from. The city manager needs to investigate this and to update previous reports. Musick said this proposal was turned down before as impractical. It is not ampractical at today's costs, which is based upon representations by Colorado-Ute who has determined inflationary costs for power are far greater than was felt. Musick said under the windfall profits tax and other methods, the city can get a private investor to purchase the facility, recognize a 21 per cent tax credits and financetl the facility for the city. Musick told the city if this means they will generate power by this process cheaper than the city can buy it from Holy Cross, the city can use the difference to lower the costs of the citizens' bills. Musick said for the long-range planning for this vallsy, as power goes up and water becomes more scarce, this valley will suffer increased power costs. Musick recommended the Boards!i direct the city manager to enter into an agreement with the rest of the communities in thei~ lower valley to take over the operation of Ruedi reservoir for power generation and water supply for all of the citizens of the Valley~ Jim Markalunas, water department director, said he felt the Ruedi concept and feels it is exciting'and viable. Markalunas said he felt the recreational pool could be maintained and by managing the minimum stream flows and fishery by-passes could develop an economically feasible hydro-electric plant. Markalunas told the Boards in 1958 they hyrdo-electric plant was shut down. For 73 years, ASpen generated its own hydro-electric power, and was the first community west of the Mississippi to generate it own power to operate a trolley system and mining operations. Markalunas outlined a three year old memorandum to the Boards stating Aspen had a long history of generating hydro-electric power. In 1958 the hydro-electricl facilities located under the Castle Creek Bridge were thrown out. In hindsight because of increasing energy costs, this was a mistake. Until recently, cheap and abundant fossil fuel energy has precluded the econcomical development of small hydro- electric facilities. The increasing cost and dwindling supplies of this energy makes the development of small on-stream generating plants viable. Along with this is the need to preserve existing water rights and maintain stream flows. The City of Aspen has large water rights adjudicated for the generation of power, it seems appropriate for the develop. ment for generation facilities. Markalunas said these facilities can be placed to be environmentally acceptable. These could be at one or several locations on existing city facilities. Rich Cassens, Rea, Cassens & Associates, has represented the city on water projects since 1956. In July 1980 the water management plan was presented to Council and listed in priority the collection, treatment and distribution facilities that should be constructed by the city to maintain the current status and to meet the growth management plan object- ives. This was divided into a five year, $10,000,000 program and a ten-year $28,000,000 program. These numbers of exclusive of power costs. Cassens said in the projected construction of diversion dams on Maroon..and Hunter Creek and The Roaring Fork River low head power could be adapted into these facilities. The most critical structure listed in the water management plan was the Maroon Creak diversion dam. This would be almost the same size as the existing dam and at the same location; it is where the electrical power will be. Ted Miller, representing among other things Allis-Chalmers, told the Board the technology is available for shipping hydro,turbans of any size and the hydro-turban market is growing Ruedi is a great opportunity. Miller said they would install the unit for $3,000,000; the city would have a $300,000 a year debt service and could realize $600,000 a year in revenues. Miller told the Boards that Ruedi is the most desirable location in the state of Colorado so far as the cost/benefit ratio. Mayor Edel asked if there had been any consideration of costs to get this project going. Chapman said initially the city and county have to get together with other communities in the ~alley to see if a coordinated effort could be formulated. Chapman pointed out the electric fund does have sufficient funds available if the city feels they need to do an engineering study. The city and county have filed a notice of intent on Ruedi reservoir to generate power, and have until December to file an application. Musick said one cannot file an application without a feasibility study. Councilman Behrendt moved to have the City and county managers jOintly fast track, keeping the Council and Commissioners up to date; seconded by Councilman Parry. All in favor, motion carried. COUNCIL MEETING (Councilmembers Collins and Van Ness also present). Bob Grueter, interim city attorney, brought up the Smuggler Trailer Park agreement which was approved subject to a change in the language suggested by Councilman Van Ness. ~Grueter said he had gone over this language and feels it protects the city against law suits. Councilman Van Ness said this does give the city some protection they would not otherwise have; howeVer, this is still a binding agreement and they could take the city to court in order to force the city's part of the agreement but would not be able to sue,.~for money damages. MINUTES Councilman Isaac said in the September 22nd meeting he had made a comment that P & Z member Joan Klar was living in Brusk Creek village and should be off P & Z and apparently this is not true and should be striken from the minutes. Councilman Isaac moved to approve the minutes of August 11, 14, 18, 20, 25, September 8 and 22, 1980; seconded by Councilman Van Ness. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Parry moved to approve the accounts payable; seconded by Councilman Van Ness. All in favors motion carried. CITIZEN PARTICIPATION 1. Jon Busch brought up the Silverking bus route and told Council the bus stops at the 100 building and not at the 900 building. There is not stop there and more people live up in the 900 building area. In the winter this will be a problem and an inconvenience for people at silverking. Busch said he did not feel the city shOuld allow a single individual to have the bus system function in a less efficient manner. 2. Busch also pointed out for almost a year at the intersection of Mill and Cooper in the mall there has been one street light pole with no top on it. This does not look good. Councilman Behrendt said he would like an up date on all the antique lights, what is wrong and a program to correct it. Busch said he would like to see about the possibility of raising money privately to put together electric light p~les to light South Mill. Mayor Edel agreed to allow Busch to go out and look for money for the poles. 3. Dick Wilhelm complemented the City on the North Mill project and the street. Mayor Edel brought up a memorandum from the planning office regarding the post office. Chapman said this is not on the agenda because there will be follow up. COUNCILMEMBER COMMENTS 1. Councilman Isaac asked what had happened to the downtown commission and the ordinance to form it. Chapman said he had been working on a draft charter but had put it aside until the budget is done. 2. Councilman Isaac reminded Council of a housing conference in Vail next THursday. 3. Councilman Isaac told Council COG had initiated a regional transportion study, espec- ially addressing bus service from Denver airport to ski areas. 4. Councilman Isaac reported at the Water Congress meeting they had discussed the Colorad~ Water Quality Act. Councilman Isaac had said he wanted diversions to be included as a pollutant. Tom Dunlop said this is also in the stream classifications, and in our standards diversions was included. 5. Councilman Isaac said some citizens are concerned with the electric power plant built two years ago on North Mill. The city is getting trees for the water plant and maybe the, could put some down there. Chapman said that is included in the budget as finish land- scaping. 6. Councilman Parry moved to put the Hotel Jerome on the agenda; seconded by Councilman Behrendt. All in favor, motion carried. Councilman Parry moved that the Council initiate rezoning application on behald of the Hotel Jerome from O, office, to CC, mandatory PUD; seconded by Councilman Isaac. Joe Wells, planning office, told Council once a year there is a deadline to file rezoning requests; that deadline is past. Either P & Z or Council can choose to initiate a rezonir request and that applicant can be heard. Council is simply allowing the Jerome to start the process.~ All in favor, motion carried. 7. Councilman Behrendt moved to put on the agenda the appointment of intermin counsel; seconded by Councilman Isaac. All in favor, motion carried. Councilman Behrendt moved to appoint the law firm of Grueter and Edmonson as interim counsel of the City of Aspen; seconded by Councilman Parry. Councilman Isaac asked about the conflict of interest as Grueter is also Municipal Judge. Grueter said this has not come up as much as he, thought and he had disqualified himself from one case. All in favor, motion carried. 8. Councilman Behrendt asked the status of the cases the city has been served with. Grueter told Council he was going through pending litigation and writing opinions for Council. 9. Councilman Beh~endt said he would like Ordinance #50, Series of 1980, Employee Units in Lodges, removed from the consent agenda. Councilman Van Ness moved to table Ordinance #50, Series of 1980, until the next meeting; seconded by Councilman Behrendt. All in favor, motion carried. 10. Councilman Van Ness said in most intersections in this town it is not clear who has the right of way; this is a very dangerous situation. The staff ought to look at this. The las has been changed recently, and it was assumed every intersectio~ Was signed. Councilman Van Ness said the city ought to get proper signs. City Manager Chapman said the city engineer had gone to school on Signs in preparation for developing a 5 year program for traffic signing, this will be included as part of the 5 year capital program. Councilman Van Ness said every intersection shoudt have signs at least in one direction, 11. Mayor Edel outlined the budget hearings coming up. 12. Councilman Behrendt moved to add the Jolly Jester liquor license transfer to the agenda; seconded by Councilman Isaac. All in favor, motion carried. 13. Mayor Edel said he had been working with the police chief, Michael Chahdler, KSPN and the superintendent of schools to possibly start a drug information campaign. Mayor Edel said he felt this was very appropos. Councilman Behrendt moved to put this item on ~e agenda; seconded by Councilman Parry. All in favor, motion carried. Mayor Edel said he felt Council should endorse this effort and look for someone in the community to lead the program. They should bring the campaign to Council. Mayor Edel said he felt it important to go on record and to promote the campaign primarily amoung the young people in Aspen. The work will be done outside city staff by citizens and media and helping the Council. There is material all across the county available at no costs. Councilman Behrendt moved to endorse this concept by Council and encourage a program to be brought to Council to see what they can do to help further; seconded by Councilman Isaac. Councilman Van Ness said he wanted to see this before the program goes out. Mayor Edel said that was emphasized. All in favor, motion carried.~ 14. Mayor Edel requested council stay after the meeting for an executive session on a legal matter. PEDESTRIAN SAFETY COMMITTEE COMMENTS Esther Beamer, committee member;jtold Council that Main street had problems; it is too wide, too long, blocks are too short with traffic feeding in frequently. There are too many signs on Main street; they are obscured, lane lines cannot be seen at night; the lights are beautiful but dim. Mrs. Beamer told Council she would like some action before the highway department meeting Friday. Mrs~ Beamer requested a 25 m.p.h, speed limit all over town, especially on Main street with traffic enforcement. Second, Mrs. Beamer would like the staff to pick out 5 to 8 cross walks with slash lines and suggested hanging cross walks signs. Another suggestion is to set traffic lights for safe walk intervals so that all traffic comes to a stop all four ways and all pedestrians go. This will require signs saying "no right turn on red". A traffic engineer suggested setting the traffic lights at 23-25 m.p.h, flow. Mrs. Beamer pointed out there are too many poles and signs on Main street, there are 97 poles on the two sides some with two and three signs. Some of the unnecessary signs should be taken down. A list of pedestrian does and don'ts should be compiled. Another suggestion is that bicycle traffic should be routed on parallel streets rather than Main street. Some other suggestions are to have a park-like median down Main; close alternate inter- sections to the alley, one o~ the north side.one of the south side. Professional people are needed to guide a long-range program. Rob McClung, police chief, told Council he is on the committee and had met with the director of highways on the Western Slope. McClung said there is a lot of red tape to go through for highway approval; it is a time co~suming and tedious task. McClung said they will remove 52 signs off Main street. A traffic signal has been suggested at Third and Main. The highway department will study Main street for two days. Councilman Behrendt suggested trimming the trees that are into the intersections. City Manager Chapman said he would have someone look into this and to see how much it will cost. Councilman Behrend asked about the striping of crosswalks. City engineer McArthur said the state will re- stripe the crosswalks in the spring but will not put in X bars because they would have to cut up the asphalt. Councilman Van Ness pointed out that crosswalks cannot be seen in the winter time. McArthur told Council he had asked the state to put in more pedestrian signs, and they said they would. Mayor Edel asked if the city could reduce the speed limit to 25 m.p.h. McClung said the state has concluded that 30 m.p.h, is appropriate. Councilman Behrendt moved the city be responsible to paint X-bars in crosswalks. Motion DIED for lack of a second. Mayor Edel reminded Council there was a meeting with the highway department this friday and most comments should be saved for that meeting. Hans Gramiger said the blocks are too short and the city should have a trial period and barricade every third intersection to no traffic. Jon Busch said the street lights on Main are too dark and suggested puttin in higher wattage bulbs. McArthur said he had purchased the bulbs; it costs $175 to $200 per light to change. Councilman Collins suggested the committee continue with their suggestions and coordinate with planning, engineering and police. AUTO-FREE DAY ENDORSEMENT Esther McElfish said that Thursday,October 16, was to be auto-free day and asked the Council endorse the idea. MS. McElfish had fliers to pass out; this has been endorsed by other cities and organizations. Councilman Isaac moved to endorse auto-free day; seconded by Councilman Behrendt. McClung pointed ou~ that is probably the day the highway department will be doing its traffic study on Main street. All in favor, with the exception of Councilmembers Van Ness and Isaac. SILVERKING REPORT City Manager Chapman said the issue was the county requested the city to participate in the consummation of the silverking deal by deeding over to the county a parcel of land the city owns at the top of Mill street. In exchange, the city would get control of 30 units at Silverking. The consensus of Councilmembers was there were not in favor of this. Gail Mahoney, assistant housing director, told Council that VOICE has decided to intercede and to continue with negotiations and an attempt to purchase Silverking. REPORT ON TROLLEY CARS Monroe Summers reminded Council in June 1980 they had accepted a gift of six trolley cars from Aspen Street Railway company with the proviso the gift would cost the City of Aspen nothing. Summers said the City still does not own the trolleys as the paperwork is not complete. There is some debt outstanding,to the county, and if the charges are levied it will total $3,000. Councilman Behrendt pointed out some of the original investors have liens against the trolley cars. Mayor Edel said if there is a conflict of interest with the City's interim attorney, the trolley owners should pay for outside legal advise to work out the sale contract. Summers told Council he had worked out an agreement that the city will accept the cars if Hernstadt will move the cars, liens taken care of, and cancel the debt at the airport. Councilman Behrendt said if the trolleys are part of the Little Annie proposal, then this is a viable on-going discussion; if not, this is a waste of time. Karen Smith told CouncJ the planning office had received a letter from Dave Farney indicating the trolleys are not currently part of his transportation program. Councilman Parry said the future is in electric trolley cars and he would hate to throw these away. Jon Busch said that fuel costs for trolleys are half the costs for diesel buses. It would be foolish to throw awa~ the trolleys without looking at a shuttle route for the trolley. Summers said this comes up because the county wants the trolleys moved; this is not the city's responsibility. Grueter told Council he had discussed this with Hernstadt and he is prepared to deliver the trolleys wherever the city wants them to be delivered. Curt Stewart, county manager, said the county does have another place in mind for the trolleys to be stored. Summers recommended to Council they instruct Hernstadt that final written acceptance of his gift of the trolleys is predicated on the following; the trolleys be removed from the airport and be covered for protection and the cost of moving be borne by Hernstadt; Hernstadt shall reach some agreement with the county for the past storage debt and give proof of same to the city; and papers of conveyance for three trolleys on December 1, 198£ and the remaining three on January 15, 1981. Mayor Edel said he wanted to make certain the city is not responsible for any debt whatso- ever. City Manager Chapman said he would assume, if Council passes this recommendation, he will tell other interested buyers that the city does not want to sell. Mayor Edel said this is another decision. Chapman said Council has to decide whether they are saving the trolley cars for future use or to possibly sell. Councilman Isaac moved to accept Summers' recommendation with the proviso that all debts and future claims be taken care of; seconded by Councilman Parry. Ail in favor, with the exception of Councilman Collins and Mayor Edel. Motion carried. Councilman Parry moved to keep the trolleys and do not pursue sale ~a't this time; seconded by Councilman Behrendt. Councilman Parry amended the motion to add reView in one year; accepted by Councilman Behrendt. Councilmembers Collins, Van Ness, Isaac and Mayor Edel opposed, MotionNOT carried. CouncilmanVa~/Nessmoved to instruct the city manager to actively pursue sale subject to the CoUncil's final approval; seconded by Councilman Isaac. Ail in favor, with the exception of Councilmembers Collins and Parry. Motion carried. Monroe Summers brought up Earl Brown's request to use a trolley, which was tabled at the September 27 meeting. Councilman Behrendt moved that because the price was too iow, because the city does not presently own the item and because the proposed location is an anathema, the Council not accept the offer; seconded by Councilman Isaac. Ail in favor, with the exception of Councilman Collins. Ail in favor, motion carried. REQUEST TO FUND HIGHWAY STUDY WITH COUNTY Curt Stewart, county manager, requested $25,000 from the city. The history of transporta- tion in the valley is that the city and county adopted an alternatives study for a busway first phase to the airport; second phase to Snowmass. This busway would cost $13,000,000 with fUnding from locals, highway department and UMTA. Stewart reminded COuncil UMTA has already said they will participate and the federal and state highway departments would provide the rights-of-way, which is about half the project. Stewart said 'the department of highways had some questions about this project. If the busway is built, would they not have to four-lane highway 82. Second, can local government afford to operate a busway. Third, if the busway is a failure, could it be converted to highway use'. Stewart said after a lot of negotiation, the department of highways has agreed to a preliminary enginee2 ing work on the busway and include the answers to the three questions. Stewart told Council this is a $75,000 study to be split evenly between UMTA, highways and local. Stewart said at this time, UMTA is not willing to fund their share or would fund it in a year. Stewart requested the city to take UMTA's place and come up with $25,000. Stewart said this is important for Aspen in respect to access to Aspen; deal with the bridge issues; the major intersections; the alignment for access into town. Stewart said he felt if the City were a partner in this, it would go further toward working the problem out. Councilman Parry asked if the busway could be used for cars in the off-season. Stewart said the study addresses many different issues, such as three-lanes, using the busway for taxis and hotel vans, high occupancy vehicle use. Councilman Isaac asked if UMTA will fund the project, as they have changed their mind on the study. If the city funds the $25,000 would they be throwing away their money. Stewart said no just in the answer of the access to Aspen is important. Stewart said the highway department and this county have this money budgeted; if the city wanted to budget their $25,000 for next year it could be done. Councilman Van Ness asked what the local share of the entire project would be. Stewart answered $1,200,000. Councilman Van Ness said he has a problem with the division of responsibility between the city and county. Councilman Van Ness said this highway will be entirely in. the county, except for Main street. Councilman Van Ness said he did not feel this is a city responsi- bility. Stewart said this study and busway is enough of a benefit to the-city, it would merit the city'S participation. Councilman Van Ness said he did not feel the busway would be used enough to justify the expense. Councilman Isaac said the City has annexed alot of the land this will be going through; also the highway is a disaster from.Aspen to the airport. COuncilman Isaac moved to support the county and contribute $25,000 city funds to the engineering study; to be addressed at 1981 budget time; seconded by Councilman Parry. Mayor Edel said he had a problem with the city contributing; the citizens of Aspen are being asked to pay twice. City engineer Dan McArthur told Council the state highway department cannot afford to pay for a fOUr-lane bridge for 10 years. If this study will get UMTA to pay for a four-lane highway and bridge, it is a good use of money. Stewart said the UMTA will only pay for rolling stock, maintenance facilities, stations, etc. not the road. Councilman Isaac said because UMTA will not pay for the highway, he withdrew the motion. McArthur suggested waiting to see what happens at the highway meeting Friday and reconside~ this at the next Council meeting. Councilman Van Ness moved to table; seconded by Councilman Isaac. All in favor, motion carried. LA TORTUE - EXTENSION FOR DEMOLITION Planning director, Karen Smith, reminded Council they had acted on this several weeks ago; a request to allow La Tortue remain at their present site until April 15, 1981. The staff has been requested for extra information so Council could reconsider if they wished. Ms. Smith outlined that the Ajax Mountain building had been given approval for 13,500 square feet commercial space under the 1979 growth management allotment. They only needed an allocation of 6,075 square feet because 7500 existing square feet would be demolished. La Tortue represents 1200 square feet of the 7500 square feet of demolition that was to be reconstructed. Ms. Smith said the legal question remains can one allow commercial square footage to exist while new square footage is being occupied. Bob Grueter stated his opinion was you cannot double up square footage; it has to be one place or another. It could stay until there is a certificate of occupancy for the new building. Richie Cummins, representing Ed Hicks, told Council Steve Marcus is applying for additional square footage for the project. Curmmins suggested the legal problem might be solved by saying that as soon as Marcus gets that allocation, it will cover La Tortue. Ms. Smith pointed out Section 24.10.3(h) says a quota cannot be transferred from one owner to another without the assignment of property. Cummins disagreed as this property is still owned by Marcus. Mayor Edel said the sense of Council at the last meeting was to allow the shop to run through the winter season. Grueter said it is up to Council to make the policy decision if La Tortue can occupy the space until the new building is built. Councilman Parry said he would like to leave the decision the same as it was in September. Councilman Isaac moved to table this issue; seconded by Councilman Collins. Councilmembers Isaac and Collins in favor, everyone else opposed. Motion NOT carried ORDINANCE #54, SERIES OF 1980 - Nicholson Rezoning Sunny Vann, planning office, told Council this is one of the first projects under the residential bonus ordinance. The applicant is requesting rezoning of a parcel of property at West Hyman to allow construction of an employee unit in an existing duplex, which unit will be exempt from the growth management plan. This will be identical to the project next door done by Ed Baker in the winter of 1979. Nicholson, at 119 West Hyman, wishes to construct an identical employee unit in his half of the duplex. The site contains 7500 square feet; 8,400 square feet would be needed to construct all 4 units. By rezoning the property from R/MF to R/MF~RBO, the area and bulk requirements are reduced and this will permit the construction of an additional unit. This will allow an employee unit without increasing the density or bulk of the neighborhood. In order to take advantage of this, 50 per cent of the units must be deed restricted - one already is. Vann reminded Council this is a discretionary ordinance and is reviewed on a case-by-case basis, council must find the development is appropriate for the neighborhood and consider design, bulk and density. There is a list of criteria and purposes Council must review. Vann said the planning office has reviewed this request and finds it to be consistent with the residential bonus ordinance and the review criteria. The completion of the basement will not increase density of the neighborhood; it will increase site density but will not change the footprint of the building. The employee unit is consistent with the city's housing plan and with trying to disberse units throughout the community. Vann recommended the applicant's request be approved subject to the conditions outlined in the memorandum. P & Z held a public hearing and concurred with the planning office recommendation. This is to.be deed restricted for 50 years as a moderate unit. Councilman Behrendt moved to read Ordinance #54, Series of 1980; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~54 (Series of 1980) AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO, SEC. 24-2.2 BY CHANGING THE ZONING OF LOTS C, D, AND THE WEST 1/2 OF E, BLOCK 61, CITY AND TOWNSITE OF ASPEN, INDEPENDENCE SUBDIVISION FROM R/MF TO R/MF RB was read by the city clerk Councilman Behrendt moved to adopt Ordinance #54, Series of 1980, on first reading; seconde by Councilman Isaac. Councilman Isaac asked if the six month minimum lease is attached. Vann said he thought that was required in the R/MF zone but would check. Roll call vote; Councilman Collins, nay; Van Ness, aye; Isaac, aye; Parry, aye; Behrendt, aye; Mayor Edel aye. Motion carried. Councilman Behrendt moved to exempt this unit from the grown management plan; seconded by Councilman Parry. All in favor, with the exception of Councilman Collins. Motion carried. SPECIAL REVIEW - Snare Sunny Vann, planning office, told Council this property is immediately next door and throu~ a lot split process, the applicant has the right to construct a single family structure, which is under construction. This lot is also 7500 square feet, and the applicant is requesting an exemption through gmp to construct employee housing in the basement of the house. There is sufficient lot are to do this; the applicant does not need a rezoning to RBO. The proposed unit is one bedroom. This requires four parking spaces; there is approval from the engineering department regarding the parking layout. The housing direct approves with a deed restriction under moderate guidelines for 50 years. The planning office and P & Z recommend this project be approved. Councilman Behrendt moved to exempt the proposed employee housing unit to be located at 113 West Hyman Avenue from compliance with Growth Management allotment procedures subject to the following conditions: 1) The deed restriction of the approximately 800 square foot one bedroom employe unit for a period of 50 years under the city's moderate income guide- lines, said restriction to be executed prior to issuance of a building permit, and 2) the submission and approval of an appropriate site plan to the engineering department indicating a four-space parking arrangement and the subsequent provision thereof; seconded by Councilman Isaac. 29731 Regular Meeting Aspen City Council October 14, 1980 Councilman Behrendt asked why this was moderate guidelines rather than low. Vann answered the city has not updated the housing guidelines. Councilman Behrendt asked if the six month minimum lease clause was included. Council discussed the low versus moderate income gUidelines. Councilman Behrendt stated he felt more low income units were needed. Councilman Behrendt amended the "moderate" to "low"; seconded by Councilman Isaac. All in favor, w~th~the.:exce~tion of Councilman Collins. Motion carried. ORDINANCE ~53, SERIES OF 1980 - Commercial Photography Studio as a Condition Use in s/c/i councilman Isaac moved to read Ordinance ~53, Series of 1980; seconded by Councilman ~i Parry. All in favor, motion carried. ORDINANCE #53 i (Series of 1980) ~1 AN ORDINANCE AMENDING SECTION 24-3.2 OF THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A PHOTOGRAPHY STUDIO AS A CONDITIONAL USE IN THE S/C/I ZONE DISTRICT was read by the city clerk I Councilman Isaac moved to adopt Ordinance ~53, Series of 1980, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Isaac, aye; Van Ness, aye; Collins, aye; Behrendt, aye; Parry, aye; Mayor Edel, aye. Motion carried. I SUBDIVISION EXEMPTION - Abels Sunny Vann told Council this is an application for condominiumization of a duplex located at 218 North Monarch in the R-6 zone on 7400 square feet. There is 1400 square feet in the upper unit, which has been owner-occupied since 1950. The lower unit is 450 square feet and rents for $350, which is outside of the price guidelines. The engineering departT ment recommends approval subject to resubmission of the survey to include a proper legal i description and the location of all areas in excess of thirty degrees slope; agreeing to I join a sidewalk improvement diStrict; complying with Sec. 24-4.5 to provide on-site parkind if there is new construction. The attorney recommends notice and option provisions and six month minimum lease. Mayor Edel question the slope reduction, Gideon Kaufman told Council the building Permit was isSued in 1962, this was clearly legal at that time. Councilman Behrendt asked if in terms of the fire and health code, the building is occu- I piable. Kaufman said oncethis rule is passed, he would abide by the inspections. However, this has not been applied to anyone. Council requested the staff to get P & Z to look into requiring inspections before any condominiumizations come before P & Z or Council. Kaufman said he would not allow an inspection as a stipulation but his client would voluntarily go along with an inspection. Chapman said it was his position that the city could at any time require a building meet health and safety standards as they are part of the adopted codes of the city of Aspen. , Councilman Behrendt moved to approve the subdivision exemption application of Abels subjec~ to (1) compliance with notice and option provisions and the six month minimum leaSe, and ~ (2) compliance with the stipulations of the engineering department and that the property has been inspected as to health and safety; seconded by Councilman Van Ness. All in favort with the exception of Councilmembers Isaac and Collins. Motion carried. - ~ Council requested Ordinance ~50, Employee Units ii Lodges be removed. Mayor Edel ed the public hearing on Ordinance #5, Alarm Systems, Ordinance #51, Alternate P & Z Ordinance #52, Meters in Taxi Cabs and Liquor License renewals for Final Exam and Soup There were no comments. Mayor Edel closed the public hearing. 1 Councilman Isaac moved to adopt all items on the consent agenda; seconded by Councilman I Parry. Roll call vote; Councilmembers Van Ness, aye; Isaac, aye; Collins, aye; Behrendt, , aye; Parry, aye; Mayor Edel, aye. Motion carried. ! Councilman in favor, motion Van Ness carried, moved to adjourn at 9:10 p.m.; seconded by Councilman Behrendt. All i!~ I Kathryn~. Koch, City Clerk