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HomeMy WebLinkAboutminutes.council.19810622Regular Meeting Aspen City Council June 22, 1981 Mayor Edel called the meeting to order at 5:25 with Councilmembers Collins, Knecht, Michael and Parry present. MINUTES Councilman Parry moved to approve the minutes for March 9, and 17, 1981; seconded by Councilman Collins. All in favor, motion carried. ACCOUNTS PAYABLE Councilman Parry moved to approve the accounts payable for May; seconded by Councilman Knecht. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS 1. Councilman Collins asked if there was a special permit for the big party the Design Conference held. City Manager Chapman told Council there was a permit issued for the fireworks by the fire chief. The building inspector is working with the fire chief on the~ fireworks events. The fire chief and building department are trying to work out a system they can agree on. Chapman said he and the city attorney do not like the way the Code is written. Councilwoman Michael said she felt the design conference was a very exciting event. 2. Councilwoman Michael said there was a celebration of the incorporation of the City of 100 years and it went very well. Councilwoman Michael thanked Ramona Markalunas, Jane Jenkins and Lois Butterbaugh for their help. Lois Butterbaugh ~old Council she would report on the cost to the city later. 3. Mayor Edel pointed out the signs have gone up on Lake avenue saying "This is a Pedestrian thoroughfare". Mayor Edel said if this works it will be amazing. It is a well intended concept; Mayor Edel suggested that it be monitored v~ry carefully. Mayor Edel said he had thought this was just for the Sunday afternoon concerts. Chapman said the people who presented th~s~to the city were talking about anytime during the concert season. Mayor Edel said unless barriers are put up, this will probably not work and requested the staff come back to Council with a report on this. 4. Mayor Edel said the city has a person interested in purchasing the water plant housing project. Councilman Parry moved to put this issue on the agenda; seconded by Councilwoman Michael. All in favor, motion carried. 5. Mayor Edel said Council had met to come up with an Aspen Meadows Advisory Commission. Councilman Parry moved to put this on the agenda; seconded by Councilman Knecht. All in favor, motion carried. 6. Mayor Edel said he had received a phone call from an irate citizen having to do with noise at Little Nell's. Tom Dunlop, environmental health officer, told Council he had been working with this person for about a year; Dunlop has taken all the non-enforcement actions he can. Dunlop told Council he has a meeting with the police department to instruct them in the use of the sound level meter reader so that the police department can cite Little Nell!s into court, if they are over the allowable decible level. UPDATE ON COG PROGRAMS Gary Martinez was present to give a brief update on the variety of program operated through COG. One is CETA, which COG is a sponsor. The locally elected offical dictate the use of CETA resources; approximately $174,000 was spent in Pitkin County during the first six months of this year. There is an emergency medical services program, $35,000 will be spent in Pitkin County for EMS communications equipment. COG is also involved in training programs for EMS persons. COG has a natural resources staff. COG held a housing conference which was in Aspen. Martinez told Council that COG is trying to get money to fund a transportation study to improve transportation between all points in Colorado. COG is negotiating with Moffatt tunnell commission to see if they will fund this study. There is an energy impact program which is the state's attempt to offset impacts in energy related towns. COG also conduct a senior citizens program; Aspen and Pitkin County will be represented by Budge Bingham. COG is also involved in the 208 water program. Martinez reported on the Williams Fork issue, in which a Federal judge ruled in favor of COG's position on this. Denver wanted to divert water without what the local jurisdictions said. This is a fairly significant decision, which will probably be appealed. COG's legal staff has worked with the city's staff on all these various projects. ORDINANCE ~36, SERIES OF 1981 - Water Management Plan/Water Rates City Manager Chapman told Council this ordinance increases the monthly charges by 10 per cent. This is the first step of the water management plan; the staff wants to do this now because it is the watering season. Chapman said the city is doing this in anticipation of building a surplus to pay~the debt service on the water bond issue. Councilwoman Michael moved to read Ordinance #36, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~36 (Series of 1981) AN ORDINANCE AMENDING DIVISION 3 OF ARTICLE III~OF CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, ENTITLED "WATER RATES AND CHARGES~' was read by the city clerk Councilwoman Michael moved to adopt Ordinance #36, Series of 1981, on first reading; seconded by Councilman COllins. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Michael, aye; Collins, aye; Mayor Edel, aye. Motion carried. RESOLUTION 934, SERIES OF 1981 - Rea, Cassins Contract Councilwoman Michael moved to read Resolution #34, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION #34 (Series of 1981) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND REA, CASSENS AND ASSOCIATES, INC. PROVIDING FOR THE PROFESSIONAL ENGINEERING SERVICES FOR WATER CONSTRUCTION PROJECTS, ALL AS MORE SPECIFICALLY PROVIDED HEREIN WHEREAS, there has been submitted to the City Council a contract agreement between the City of Aspen and Rea, Cassens and Assoicates, Inc. providing for the professional engineering services for certain water system construction projects, which agreement the Council wishes to approve, adn WHEREAS, Section 9.13(b) of the Home Rule Charter of the City of Aspen, Colorado, authorizes the City to execute such agreements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 · ~ That it does ratify and approve that certain contract between the City of Aspen and Rea, Cassens and Associates, Inc. attached hereto as Exhibit "A" and incorporated herein by this reference, and the Mayor is hereby authority and directed to execute said contract on behalf of the City of Aspen. was read by the city clerk Councilwoman Michael moved to approve Resolution #34, Series of 1981; seconded by Council man Parry. All in favor, motion carried. COUNCILMEMBER COMMENT Councilman Collins stated he was not at the spec~l meeting last week at which the vote was taken on the Marolt subdivision application. Councilman Collins asked that his vote be shown as a no on that particular question. This will not change the outcome of the vote but does reflect his position. MAROON BELLS BUS PROGRAM City Manager Chapman told Council this is a status report on the feasibility of the Maroon Bells bus service. The city staff has worked on arrangements with the County. The city will bill the program at $.57 per mile, which will cover the additional costs of the program; the county is agreeable to that. The forest service and CETA worked the program last year; however, funds are not available from them for this year. The forest service is providing interns free of cost and the City is putting them up at the Plum Tree. Mayor Edel asked if the city was coveringi~ny costs for this at the Plum Tree. Chapman said there would only be a minimal amount of electricty. There will be four interns to greet people, handle traffic and answer questions. Councilwoman Michael said her big problem is if there is a deficit the Aspen Skiing Corporation indicated a will- ingness to pick up the insurance; the Highlands indicated they would give free sky rides. None of these are firm promises. Chapman said he felt they were firmed up. Councilman Knecht said the staff did a very nice job putting this together. Councilman Collins moved to instruct the transportation director to organize, budget and direct a su~caer bus service to Maroon Bells for the summer of 1981; seconded by Council- man Knecht. All in favor, motion carried. ORDINANCE #34, SERIES OF 1981 - Appropriations Councilwoman Michael moved to read Ordinance 934, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #34 (Series of 1981) AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES IN THE AMOUNT OF $21,880 FROM FUND BALANCE, APPROPRIATING WATER FUND EXPENDITURES OF $3,400 FROM FUND BALANCE was read by the city clerk Councilwoman Michael moved to adopC Ordinance #34, Series of 1981, on first reading; seconded by Councilman Collins. Councilwoman Michael stated she would like to see that the baby pool is never, ever closed again. Roll call vote; Councilmembers Parry, aye; Michael, aye; Knecht, aye; Collins, aye; Mayor Edel, aye. Motion carried. SALE OF CASTLE RIDGE City Manager Chapman told Council that Lois Butterbaugh had found people interested in the city's housing project. The investors were in town and toured Castle Ridge and have said they are interested. There are time consideration on their part. Chapman said he needs feedback from Council on whether they are interested in having staff pursue this. Mayor Edel said he did not think the staff had the expertise to understand the financial problems and perhaps a taxlaccounting expert should be asked to look into this. Mayor Edel told Council he knew an excellent tax accountant and perhaps he could come to Aspen to discuss the tax ramifications and problems. Chapman agreed; the obvious reason for the interest in Castle Ridge is that is represents a good tax shelter. Chapman said in order for the city to get fair value out of the project, the city should get advice of a tax expert. Jeff Sachs asked if this had to go to the electorate. Councilman Knecht asked how much was known about the interested investors. Chapman said that would be part of the work of staff if Council was interested at all. Councilman Collins said as far as the tax laws, this is something the investors will present to Council. Also the city, should be looking at other proposals. Chapman said there are a number of variables the city will have to consider in any sale and the staff and Council will be better off having more information. Councilman Parry said the city should pursue this and he is in favor of a tax expert. ___= ............. ~ n~F¢** u¢~y uuunu~& June 22, 1981 RESOLUTION #35, SERIES OF 1981 - Creating and Appoint Members to the Aspen Meadows Advisory Board Councilwoman Michael requested that a member from ACIIC be added to the committee. They worked so hard when the Institute was turned down to get a solution. Councilwoman MiChael moved to read Resolution-#35, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION (Series of i981) A RESOLUTION CREATING AND APPOINTING MEMBERS TO AN ADVISORY COMMITTEE TO BE KNOWN AS THE ASPEN MEADOWS ADVISORY BOARD WHEREAS, that property located in the West End of the City of Aspen historically known as the Aspen Institute Property and here- inafter designated as the "Aspen Meadows" exists as one o~ the largest undeveloped tracts of land within the present boundaries of the City of Aspen and its development will have a significant impact on the City, and WHEREAS, historically said tract of land has been used by the Aspen Institute for Humanistic Studies which has rendered~an in- valuable academic and cultural service to the citizens of the City of Aspen and has provided a site for the Aspen Music Festival and Physics Institute, and WHEREAS, the City Council is aware that Mr. Hans Cantrup has purchased or placed under contract for purchase either a portion or all of the Aspen Meadows and intends to propose plans for con- tinued retention and support of the above academic and cultural services, as well as development, and WHEREAS, in view of the size, location and historical use of the Aspen Meadows Property, the City Council deems it to be in the best interest of the City that any and all proposed uses or devel- opment be given the closest scrutiny to assure that the quality of the environment be maintained and that any use or development remain compatiDle with the West End residential area of the City, and WHEREAS, the City Council has been requested to appoint an adivsory committee to be known as the Aspen Meadows Advisory Board to review and recommend any and all proposed plans for development and uses of the Aspen Meadows Property by Mr. Cantrup and his suc- :essors and assigns, and WHEREAS, the City Council desires to create and appoint mem- bers to such advisory committee to be known as the Aspen Meadows ~dvisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ~CITY OF ASPEN, COLORADO: 1. There is hereby created an advisory committee to be !known as the Aspen Meadows Advisory Board for the purpose of reviewing and recommending any and all proposed plans and uses of ~the Aspen Meadows Property by Mr. Hans Cantrup, his successors and assigns. T~e Board shall establish its own rules and s~all serve i~n an advzsory capacity only, and zts actions shall not be con- !strued in any way to constitute City approval of any proposed )lans for development or uses of the Aspen Meadows Property. 2. The following individuals are hereby requested to serve ~s members of the Aspen Meadows Advisory Board and their willing- iness to serve shall and hereby does constitute their appointment !to the Board: ±. Governor Richard La~nm or, in his absence, Lt. GOvernor Nancy Dick 2. A representative to De selected by tMe Board of County Commissioners of the County of Pitkin 3. Chairman of the Aspen Institute for Humanistic Studies, Robert O. Anderson 4. Music Associates of Aspen Chairman, Edgar Stern 5. Elizabeth Paepcke 6. Hans B. Cantrup 7. A president of one of the local banks or savings and loan companies (to be designated by the presi- dents of the local banks or savings and loan com- panies) 8. President of the Chamber of Commerce 9. President of VOICE, Mort Heller 10. President of the Aspen ValLey Improvement Associa- tion Il. President of the Aspen Arts Council (formerly thei~ Aspen FOundation for the Arts) 12. A representative to be designated by the Inter- national Design Conference 13. James Hopkins Smith 14. A representative to be designated by the Aspen Cen- ter for Physics 15. Mr. John Kelly 16. Mr. Belton Fleisher, as a representative of the Concerned Citizens of the West End 17. President of the West End Improvement Association, John Schumacher 18. The president of the Aspen Lodging Association 19. A representative to be designated by the Aspen Skiing Corp 20. A representative from the Aspen Community Institute Interaction Committee Councilman Parry moved to adopt Resolution %35, Series of 1981; seconded by Councilman Knecht. Councilwoman Michael asked if a time limit should be suggested in the resolution. Mayor Edel said if the Advisory Board hasn't come to Council by September 1st, then the Council can say something to them. Mayor Edel requested staff contact all members on the Advisory Board to set up a meeting for Thursday at noon in Council Chambers. All in favor, with the exception of Councilman Collins. Motion carried. LIQUOR LICENSE RENEWALS Councilman Parry moved to approve the liquor license renewals for the Crystal Palace, Paragon and Sgt. Pepper's; seconded by Councilman Knecht. All in favor, motion carried. Council recessed to an executive session. ORDINANCE %35, SERIES OF 1981 -Water Bonds Councilwoman Michael moved to read Ordinance %35, Series of 1981; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE %35 (Series of 1981) Councilwoman Michael moved to adopt ordinance %35, Series of 1981, on first reading; seconded by Councilman Collins. Mayor Edel asked what the city was realizing with the issuance and how much is it going to cost the city to realize that. Chapman told Council generally what the city has done with Kirchner/Moore is to negotiate the fe'e. Chapman said he could separate the two bond issues and bring back to Council what the fee is. Mayor Edel said he felt this bond issue was the wrong way to go from a financial point of view. Roll call vote; Councilmembers Michael, aye; Knecht, aye; Collins, aye; Parry, aye; Mayor Edel, nay. Motion carried. ~ ~u~ ~spen ~l~y ~ounoll June ........ 22, 1981 FINAL~PI~.~,P.ED - Park Place Jack Johnson, planning office, told Council this project is located on the Cooper avenue mall and has been before Council to consider a GMP allotment of 8,800 square feet of commercial space. There are other approvals necessary such as waivers to the W~eeler Opera hous and Wagner park view planes. This is a two-story structure with ground floor commercial and second story employee housing units whiCh will penetrate 6 feet into the view plane. Johnson told Council this building is not out of scale with the surroundinq buildings and the planning office does not object to the view plane penetration. Johnson told Council there is another request for the reduction of open space. The applicant is ~ requesting an additional .5 FAR which he envisions all the bonus will go to employee housing. Another approval request is a total waiver of parking needs for the employee units; they request no parking be imposed. The final approval is for exemption of the four employee units from GMP pursuant to density bonus of the Code. Johnson told Council the attorney's office notes there shall be a final plat required prior to issuance of a building permit and there shall be a subdivision/PUD agreement required. The engineering department has no particular problems with the variances necessary for the project. This application is for 8,800 square feet of commercial space and 3,032 square feet of employee housing, which will be four one-bedroom units at approximately 750 square feet each. The applicant is requesting middle income guidelines. Mayor Edel said there are three applications tonight, two are for middle and one is for low. Mayor Edel stated he is distressed about higher rental rates being charged and would implore the developer to re-examine the level of rent. Johnson pointed out the P & Z has recommended moderate. Andrew Dracopoli, representing the applicant, said there position is that the commercial core is the most expensive part of the city in which to build and middle income housing is appropriate in the commercial core. Dracopoli told Council in this project they have committed the entire bonus to employee housing and did not take any for commercial. Dracopoli said in their GMP application theY spelled out the housing would be middle income housing. Johnson pointed out in the con~nercial GMP competition there are noi points given on low, moderate or middle levels only on the fact that employee housing is given. Johnson told Council the planning office has no objections to the waivers of the heighth into the view plans; there are many obstructions in the vicinity. Dracopoli pointed out the developer has stepped the second floor back so that it appears less large from the mall. The planning office~encourages an additional .5 FAR for employee housing and are in support of that request. The planning office also recommends the waiver of the 25 per cent open space and supports the exemption from GMP for the four one-bedroom units. P & Z recorm~ended approval of these four requests subject, however, to the moderate incom restrictions. Dracopoli told Council in a subsequent meeting the P & Z approve middle income guidelines for the Epicure project. Councilman Knecht asked about the parking issue. Dracopoli pointed out these units are right next to Rubey Park which is the transportation center, and are in the downtown area. The are guidelines as set out in the Code for special review for parking exemption. Regarding the income level guidelines, Lennie Oates said the confusiOn through the process is compounded because there is no provision in the commercial section which addresses the three levels of housing. CitY Attorney Taddune said he felt it was within the prerogative of Council to determine that, the question is when that prerogative is exercised. Dracopoli said the Codes sets out guidelines to get the best commercial, residential or lodging projects through the GMP. The developer followed these criteria to get a score. In the commercial section there is not reference to the three levels as there is in the residential section. Dracopoli told Council this project has stated all through the process, these units would be middle income housing. The developer has devoted the entire FAR bonus to employee housing. Lennie Oates said he did not feel the income guideline classification should be first addressed at the final plat stage of the process. Councilman Parry said when people design a building, they determine what people are going in that building, they design the apartment accordingly. If these are low income, they will be too crummy for middle management. Councilman Collins said he agreed these should be middle; it is difficult to determin~ unless the Council has established a policy. The applicant has gone through the entire review process. Councilman Collins moved to approve the final plat PUD including waivers to the Wheeler operas House and Wagner Park view planes, and a waiver to the 25 per cent open space requirement in the CC zone, and approval of special review to utilize additional .5:1 FAR bonus in the CC zone for four deed restricted employee housing units, approval of review to waiver parking needs of the four one-bedroom employee units proivded employee units are ~estricted to middle income guidelines, and approval of exemption of four one-bedroom employee housing units from GMP subject to the following conditions; (1) prior to acceptance of final plat, applicant must enter into a subdivision/PUD agreement as required by Sections 24-8.6 and 20-16(c), including an open space and common facilities maintenance agreement required by Section 24-8.19, if applicable, and (2) recordation of the final plat prior to issuance of a building permit; seconded by Council- man Parry. All in favor, with the exception of Mayor Edel. Motion carried. SUBDIVISION EXCEPTION - Park Place Development Councilman Parry moved to approve of the Park Place Development subdivision exception for the purposes of lot line adjustment subject to the following conditions; (1) submission of a final plat indicating the new lot line between lOts B and C; (2) engineering depart- ment review of the new meter and utility locations and the associated maintenance and access easement, and (3) conveyance of the 227 square foot parcel to the Aspen Skiing Corporation and not to a third party; seconded by Councilman Collins. All in favor, motion carried. SUBDIVISIQN EXCEPTION - Epicurean Jack J~hnson, planning office, told Council this is a request to condominiumize 21 spaces in the Epicure building. The Epicurean received a commercial GMP at~lotment for 10,041 square feet in 1979. This allotment will expire in September if the applicant does not submit plans sufficient for a building permit issuance. The engineering department has noted this is not an adequate condominiumization plat, and the applicant will need to resubmit a plat. Johnson told Co~ncil~there is additionally 1,959 square feet of employee housing space divided into three units. The applicant is proposing this housing be restricted to the middle income category. Johnson told Council the planning office has reviewed this and has recommended that six month minimum leases apply to the three housing units. The P & Z reviewed this and recommended middle inq~me guidelines. The applicant is requesting that the three parking spaces that would be Nequired for the employee units be waived per the review criteria on the basis of the proKimity to public transport and the closeness of the downtown core. The two studios wi%T rent for $412 and the one bedroom for $635. These are 550 square feet and 850 square feet respectively. Johnson told Council the basement will probably be used as restagrant space; the second floor will be 8 units; the third floor 9 units and the top floor the employee housing. The is specia~ review required for the waiving of the parking requirements. Johnson told Council the engineering and planning departments are in support of auto disincentive in th~ commercial cial and support this application; however, they would like to bring to the attention of Council, as the city continues to exempt the residential component of the commercial core, this is compounding the parking problems in the downtown. Johnson said as future applications come through, the staff will start looking more critically at parking association with the residential aspects of the downtown. Councilman Parry said he would like agreement from applicants to join in a parking structure sort of like a sidewalk district. The planning office recommends exemption of the employee units and approval of the no parking request. The employee units should be restricted to the middle income guidelines with a six month minimum lease restriction. Mayor Edel again strongly opposed the middle income guidelines; the city is getting no affordable units if they are all to be middle income. Councilman Parry moved to approve the application for subdivision exception for the purposes of condominiumizing theEpicure Plaza building subject to the following conditions (1) compliance with the engineering department comments, (2) deed restrictions of the three employee units at the middle income price guidelines, (3) restrictions to six month minimum leases with no more than two shorter tenancies per year on the three employee housing units; seconded by COuncilman Collins. All in favor, with the exception of Mayor Edel. Motion carried. Councilman Parry moved to approve the Epicure Plaza request for exception from GMP for the three employee housing units and approve the request that no parking be required for these units subject to the following cOndition:~ employee units restricted at the middle income guidelines with six month minimum leases and no more than two shorter tenancies; seconded by Councilman Collins. All in favor, with the exception of Mayor Edel. Motion carried. SUBDIVISION EXCEPTION - Brandt Councilwoman moved to approve the Brandt subdivision exception for purposes of condomini- umization subject to the following conditions: (1) submission of a condominium plat showin¢ each units, common elements, parking, etc., to be signed and recorded following construc- tion of the second unit; (2) deed restriction on both halves of the duplex to six month minimum leases with no more than two shorter tenancies per year; seconded by Councilman Collins. All in favor, motion carried. Mayor Edel requested a work session to discuss the issue of the pricing of employee units. This was scheduled for June 24, 1981, at noon. EXEMPTION FROM GMP FOR EMPLOYEE HOUSING - Mill Street Shopping Plaza Colette Penne, planning office, told Council this is a request to use a .5 FAR bonus for employee housing; exemption from GMP for employee housing , and exemption from the parking requirements for the employee housing. This is located in the CC zone. This project went through GMP in September 1980 and was alloted 20,500 square feet in addition to the retention of 6500 existing square feet. Three employee apartment are included in the plan and are part of the FAR. One of these units will be substandard in size. Ms. Penne told Council the present plan reflects some changes, one is that the existing Mill street station is being removed. This has been reviewed and approved by HPC. There will be three studios, two at 548 square feet and one at 530 square feet. The employele units are par% of the c~:i,~AR~bo~us~n~,~the aPPlic~nt did not select to t~ke advantage of the bonus for the ~nmmemcial square footage. P & ~ r~cf,~ended approval of the exemption of the employee units from GMP, conditioned upon them being deed~restricted, and voted to waive the parking requirements. Councilwoman Michael moved to exempt from GMP the employee units in the Mill Street Shop- ping Plaza ~s~bject to the following conditions: (1) deed restricting the employee hous- ing units as per Section 20-22 of the Aspen Municipal Code, (2) that these deed restrictio] be for the low income category of the housing authority guidelines, (3) that these deed restrictions be recorded prior to the receipt of a building permit; (4) that the parking requirements for the employee units be waived; seconded by Councilman Parry. Councilman Parry pointed out these should be middle income units like the previous applica' tions. Tony Mazza, representing the applicant, agreed he would like to receive what the other applicants have gotten. Ms. Penne explained she had taken this application to P & Z with no guidelines recommendations. P & Z recommended low and said they wanted to recom- mend low .~ui~!elines from'now on. Mayor Edel requested that P & Z attend the study session on June 24. All in favor, motion carried. 3119 Regular Meeting Aspen City Council June 22, 1981 SUBDIVISION EXCEPTION - Behrendt Colette Penne, planning office, told Council this i§ fSve contiguous lots zoned ~R~6. The applicant is reques]~in~ subdi~'~s~on exc~?tion to. form two parcels~ parce:~. one is lots K, L, M, and parcel two is lots N and O. Ms. Penne told Council the Code says that nothing can be done which will increase the non-conformity of a structure or a parcel. In this application, if the land is split along the original lots lines, there will be a side yard that is not adequate. The applicant's attorney feels it is important to keep the lots at 6,000 and 9,000 square feet. The planning office came up with a compromise of an easement granted for the affected section. Ms. Penne suggested the easement be granted along the edge of the wood frame house and a covenant not to build within 5 feet of the house. Councilwoman Michael moved to approve the requested lot split for Behrendt conditioned upon; (1) the granting of an easement, from the southeasterly corner of the house 15.8 feet to the northeasterly corner of that section of the structure along the newly- outlined lot line of 1.4 feet so that the minimum side yard of 5 feet is maintained and nonconformity is not increased, (2) in additiona, a covenant should be attached with a commitment from the owner not to build within 5 feet of that easement on lot M; (3) that if either of the present non-conforming uses ceases to exist for any reason for a period of more than a year, any subsequent use of such land shall conform to the regulations specified by the Code for the R-6 zone; seconded by Councilman Parry. All in favor, motion carried. APPOINTMENTS TO HPC AND MUNICIPAL JUDGE Councilwoman Michael moved to nominate a~ regular members to the HPC Lary Groen and that the current alternate, Marjorie Brenner, be appointed as a regular member; and that as alternates Steve Marcus and Nick Pasquarella be appointed; that Brooke Peterson be appointed Municipal Judge, and William Hodges III appointed as deputy Municipal Judge; seconded by Councilman Collins. All in favor, motion carried. Mayor Edel noted there were superb candidates for both positions. ORDINANCE #31, SERIES OF 1981 - Single transfer of fuel Mayor Edel opened the public hearing. There were no comments. Mayor Edei closed the public hearing. Councilman Parry moved to adopt Ordinance #31, Series of 1981, on second reading; by Councilwoman Michael. Roll call vote; Councilmembers Michael, aye; Collins, aye; Knecht, aye; Parry, aye; Mayor Edel, aye. Motion carried. CENTRAL RESERVATIONS LEASE Councilman Collins said he felt this lease should come under Council's annual review of donations and contributions. Chapman pointed out the lease had been changed to expire on December 31, 1981, so that it will be renewed. Councilwoman Michael moved to adjourn at 8:20 p.m.; seconded by Court,oil.man Parry. All in favor, motion carried. ~ch, City Clerk