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HomeMy WebLinkAboutminutes.council.19901217Regular Meeting Aspen Cit y Council December 17, 1990 - -- .._. ~~ 1 COUNCILMEMBER COMMENTS 1 CONSENT CALENDAR 2 LIQUOR LICENSE RENEWAL - Poppycock's 2 CONCEPTUAL SPA ASPEN MEADOWS 2 ORDINANCE #80, SERIES OF 1990 - Hotel Jerome PUD Lot Line Adjustment 9 ORDINANCE #72, SERIES OF 1990 - 7 34 West Smuggler Condominium- ization 9 HOUSING OFFICE 1991 BUDGET 10 AMENDING 1990 HOUSING BUDGET 10 ORDINANCE #75, SERIES OF 1990 - Appropriations 10 ORDINANCE #77, SERIES OF 1990 - Senior Citizens Property Tax Rebate 10 RESOLUTION #58, SERIES OF 1990 - Commercial GMQS Allocation 10 RESOLUTION #59, SERIES OF 1990 - Pitkin County Bank GMQS Allocation 11 RESOLUTION #60, SERIES OF 1990 - Accepting Cash-in-Lieu 409 East Hopkins 12 RESOLUTION #61, SERIES OF 1990 - Excess Allocation 12 SPECIAL MEETING WITH COUNTY COMMISSIONERS 13 14 Regular Meeting Aspen City Council December 17, 1990 Mayor Stirling called the meeting to order at 5:00 p.m. with Councilmembers Tuite, Pendleton, Peters and Gassman present. COUNCILMEMBER COMMENTS 1. Dick Butera asked Mayor Stirling whether he was speaking for the Council or the community when he was quoted in a recent GQ article about Aspen. Butera said the Mayor was quoted as saying that people began using Lennie Weinglass and his building as a benchmark of something not to aspire to. Mayor Stirling said he was not speaking for the Council nor does the article say he was. COUNCILMEMBER COMMENTS 1. Councilman Peters thanked the staff for a year of great work in support of the Council. Councilman Peters also thanked John Reid for organizing a great Christmas party. 2. Councilman Gassman said the housing authority wants to talk about the Kraut property, specifically the commercial uses. Council scheduled January 7 as a work session with the County Commissioners and Housing Authority to discuss the Kraut property at 5 p.m. and a proposed housing/commercial use on top of the parking garage at 6 p.m. 3. Councilman Gassman complimented Jed Caswall, city attorney, on his memorandum on the gazebo. It was very thorough. 4. Mayor Stirling questioned the special meeting with the county commissioners on the consent calendar. Mayor Stirling pointed out the Council had voted to meet with the Commissioners in an executive session at the Courthouse December 18 at 4 p.m. Councilman Gassman moved to take this off the consent calendar; seconded by Councilman Tuite. All in favor, motion carried. 5. Mayor Stirling said the Colorado Association of Ski Towns meeting was held last week in Frisco. The legislative tour is scheduled for February 1 - 3 in Mountain Crested Butte; transporta- tion and housing will be the two major issues. Mayor Stirling reported that the Vail Mayor has supported the Roaring Fork light right proposal. 6. Mayor Stirling asked staff to make sure the Ski Club and the ski museum are not precluded in the Winter Club lease. Carol O' Dowd, city manager, said this lease will help make the ski museum happen. 1 Regular Meeting Aspen City Council December 17, 1990 7. Mayor Stirling reminded Council of the special meeting scheduled for December 20th at 5 p.m. for the second reading of Ordinance #78, 1990. 8. Mayor Stirling said he is not in the habit of publicly denigrating other people. 9. Carol O'Dowd, city manager, presented Council a Christmas card and thanked them for the Christmas party. Ms. O'Dowd acknowledged the staff that helped put the event together. CONSENT CALENDAR Councilman Gassman moved to approve the consent calendar as amended; seconded by Councilman Tuite. The consent calendar is: A. Winter Club Lease B. Resolution #57, 1990 - Permission to Hotel Jerome for Lot Line Application All in favor, motion carried. LIQUOR LICENSE RENEWAL - Poppycock's Councilman Peters moved to approve Poppycock's; seconded by Councilma carried. the liquor license renewal for n Tuite. All in favor, motion CONCEPTUAL SPA ASPEN MEADOWS Mayor Stirling reopened the public hearing. In a tape recording Charlie Marquesee told Council their property runs from Eighth street on Meadows Road to Seventh street; their north boundary is the south boundary of the race track. Marquesee pointed out all professionals and Council since 1972 have preferred Seventh street as the access to the Meadows. Marquesee said the Physics Institute is also in favor of the Seventh street access. Marquesee said they have agreed to deed to the city or consortium partial lots E, F, G, H, and I, Block 7, representing 150 feet of frontage to reduce intrusion on the race track and on the circle of serenity. Marquesee said they have also agreed to have their view of the race track blocked. Their compromises, have been enormous. Marquesee said Council has bent over backwards to allow all citizens to have their input. Marquesee requested Council approve the plan that is before them. Jim Adams, Meadows Road, thanked Council for their original intent to sponsor and to help develop a workable Meadows development plan. Adams said he supports the present plan 100 percent. John Schuhmacher, Eighth and Meadows road, presented a petition regarding the Aspen Meadows development plan. "It is imperative 2 Regular Meeting _______ Aspen City Council December 17, 1990 that the current city-sponsored Aspen Meadows conceptual develop- ment plan be adopted with Seventh street as the major access to the property. The plan is a result of some very delicate and fragile compromises and concessions by all the major interest groups within and adjacent to the property boundaries. The goal is to insure a future permanent home for the organizations. Neighborhood concerns: The final issue is proper access. We urge the Council to address this issue in a clear, objective and long term decision. The plan's density increases demand that additional traffic impacts on the surrounding neighborhoods be minimized, twenty years of thoughtful, professional transportation planning advice relent- lessly recommended the 7th street access. We also suggest that Council initiate a west end traffic flow monitoring system to reduce further undesirable future traffic flow impacts on surround- ing residential areas". Schuhmacher told Council there are 112 signatures on this petition. Schuhmacher said the issue is whether the integrity of the process is going to be respected. Everyone made a commitment to that process. There have been endless meetings and compromises, reflected in the plan in front of Council. Mary Martin complimented the Council on their year and a half process. Ms. Martin said with a rehearsal facility, there will be a great increase in traffic on both ends of Gillespie at Third. Ms. Martin suggested these streets might be made one-way. Elli Iselin said she is opposed to Seventh street access and to taking away the last little open space. Elizabeth Means said she is also against the Seventh street access because it takes away open space where there is wildlife and a bird sanctuary. David Kaler, 618 West Smuggler, agreed with statements of Chic Collins including the new access on Seventh street. Kaler said the Eighth street access has proved a success over many years and it should continue. Heather Tharp, Francis street, pointed out there are two public entities on the west end of Francis, the forest service and Baptist Church. Ms. Tharp said the access that way is overloaded and she would rather see the access stay on Eighth. Mary Ann Schuhmacher, Eighth street, said Seventh street access is a good compromise. Jim Markalunas, 628 North Street, stated he is adamantly opposed to the extension of Seventh street into the race track area. It is needless destruction of open space which is being lost all over Aspen. Markalunas said the real problem is the east/west traffic flow, especially on Smuggler street. Larry Hoffman, 695 Meadows road, favored approving the Seventh street access. Hoffman said he has been pleased to be part of this process. Hoffman said the Council has done more than is required by their codes. Hoffman said Council ought to follow the expert's advise and to adopt the 3 Regular Meeting Aspen Citv Council December 17, 19.90_ logical access on Seventh street. Bill Martin, 710 North Third, told Council he favors Seventh street. Karen Coordes, Francis street, told Council she would rather see more traffic on Eighth street than to see the race track ruined by another road. Ms. Coordes said another road would encourage more traffic. Ms. Coordes said it would be better for everyone to get together and figure out ways to reduce traffic . Les Holst said any intrusion into the race track would be a detriment to the com- munity. Jan Collins, 531 West Gillespie, told Council she is opposed to the Seventh street access. Ms. Collins asked Council to support preservation of the race track oval. It is important to the community to hang onto the open space. Patricia Chumas, 800 West Smuggler, is opposed to the paving of the darling little track and the Seventh street access. Sheryl Alway, 800 West Smuggler, supports preservation of the race track. Katharine Thalberg, 4th and Smuggler representing Aspen Society For Animal Rights, told Council they are very concerned about the loss of wildlife habitat in the open space of the oval and are opposed to the Seventh street access. Ms. Thalberg said Council's goals state "preservation of the natural environment and preservation of open space". The construction of housing and paving in the race track are contrary to Council's goals. Ms. Thalberg said anytime one develops land that is pristine and natural, wildlife will be lost. Jimmy Ibbotson, 505 North Fifth, said it is difficult for young kids to find a place to hang out and the race track oval is a favorite place to hang out. Ramona Markalunas said she is opposed to the Seventh street access. It has not been approved by all the professionals. Several P & Z members have suggested making the existing road adequate for the access. Ms. Markalunas said it is unnecessary to disturb the last sage meadow in the city limits. Ms . Markalunas said another concern is how much of the green spaces will be dedicated to open space. Charles Collins, 531 West Gillespie, supports retaining the Eighth street alignment to the Meadows.- Collins said he is against any intrusion into the race track area. Mike Logsdon supported the Seventh street access. George Vicenzi pointed out that the. Eighth street houses tend to be 50 or 60 feet off the road. The Seventh streets houses are closer to the road. Vicenzi told Council he is opposed to the Seventh street access because it will cause the paving of the track. Harry Teague, architect, told Council the P & Z , HPC and staf f have all preferred the location of the rehearsal facility to the east of the tent. Teague said they have attempted to mitigate the facility in its location. The basic concept is to come up with a 4 Regular Meeting Aspen City Council December 17, 1990 large mound and put the building within the mound. The need is for a facility of 65 feet by 100 feet and 45 feet high, for acoustic volume of 150 instruments. Teague told Council the program has been carefully developed. The FAR is 11,000 square feet, which is in the master plan. To mitigate this, half the building has been sunken underground. The roof is the only visible portion of the building. The top of this building will be about 15 feet lower than the tent. The rehearsal facility will intrude into the seating on the east side of the tent. There will be added and improved seating on the other side of the tent. These improvements should also enhance the acoustics inside the tent. Teague said he is making a genuine attempt to make a terrific building and one with low impact in a sensitive location. Robert Harth, M.A.A., said they have pledged there will not be concurrent performances taking place in this facility so the traffic should not increase. This second facility is to relieve the pressure that is currently on the tent. The tent is currently used 7 days a week, 12 to 15 hours a day. There are 5 orchestras, and they need places to rehearse. Harth said the M.A.A. is reducing their activities; this request is for an improved facility. Harth reminded Council he has always asked for 500 seats and has always said there will be public performances. Harth noted the M.A.A. has not asked for paved parking; this is a request from the city. However, paved parking means an increase of only 20 cars. Harth said the M.A.A. would not want to be precluded from presenting some concerns in the winter. Harth said it is their intention to do what they do better, and this facility is needed to do that. Herb Klein, representing Leonard Lauder, asked the height of the tent. Teague said the top of the dome is 41 feet. Klein said his client and the neighbors prefer the westerly site for the rehearsal facility. They also have some fundamental questions about the need for the facility and are very concerned about the performance aspects. Klein said this is a major facility, which should be pulled out of the SPA plan and go through an appropriate review process and come back as an amendment to the SPA. Klein said his clients are concerned about lawn seating and about the visual and aesthetic impacts. Klein said this mound will dwarf and diminish the music tent. Mary Martin agreed the facility should be on the west side. Ms. Martin objected to the design, stating there should be at least three conceptual designs. Fritz Benedict said it is clever to echo the Anderson mounds in this design. The building is being designed to be of minimal impact. Ann Ibbotson submitted a letter for the record listing concerns about the M.A.A. rehearsal facility. Ms. Ibbotson said she does not understand the need for a 500 seat performance facility, which will have major impact on the west end. 5 Regular Meetina Aspen City Council December 17, 1990 Ms. Ibbotson said there is no way to camouflage an 11,000 square foot building in a flat area. Ms. Ibbotson said this building is not within the spirit of the Meadows master plan. The proposed facility is too big with too large an impact. Ms. Ibbotson suggested the rehearsal hall be eliminated from the SPA. Mayor Stirling pointed out the master plan indicates an 11,000 square foot building with a 500 seat capacity with no simultaneous concerns is an intention of the M.A.A. Ann Altemus stated she is totally opposed to the building, location and size. Les Holst agreed to taking this facility out of the master plan and examining it separately. Holst said this building will not fit into the Aspen experience. Jan Collins said the problem is rehearsal versus performance and performance is driving this facility. Ms. Collins said the community has voted against a performance facility. Ms. Collins said winter performances should be held in the Wheeler. Ms. DeWolfe agreed. Carol Craig said the M.A.A. could use either Paepcke or the Wheeler for any special events they want to put on. George Vicenzi said this is a lot different than what people were lead to believe. Vicenzi implored Council to remove this from the SPA and allow it to be considered separately. Perry Harvey said one condition from the P & Z approval is that a detailed descrip- tion of the use program shall be provided to address seasonal, daily use and use by outside entities. John Schuhmacher said the oval is not a race track nor a beautiful nature preserve or a wildlife sanctuary. This is also not public land. It is a field covered with sagebrush. Schuhmacher said the preserve should be down by the river, which is where the game 1 ive . Jan Collins said the foxes are on the oval track. Katharine Thalberg said the presence of wildlife is a real asset and benefit to Aspen's way of life. Charles Collins said he has seen at least 40 deer at least a dozen times this summer using the oval of tranquility. Maggie Dewolfe told Council she is very opposed to the underground parking garage. Si Coleman suggested the automobile be banned entirely from the Meadows area. Mayor Stirling said he is ready to accept the compromises that are essential elements of the master plan and application. Mayor Stirling pointed out one of Savanah's important issues is to implement action for recovery of the cost of the land and capital investment allowing them to grant land to the non-profits and provide for capital improvement funds. Mayor Stirling said this is a fundamental tenet and what will be achieved by this action. Mayor Stirling said the plan stated in goal 3 policy 1, that a new Seventh street is acceptable for conceptual planning and should be further studied. Mayor Stirling suggested Council grant develop- 6 Regular Meet_ng Aspen City Council December 17, 1990 ment right of 4 lots to Savanah holdings and begin at once negotiate to purchase the lots for the city. This is 15 to 18 acres in addition to the riparian lots below. Mayor Stirling said the Council could then limit the expansion to the townhouses and the new lodging units. Councilman Peters said he cannot support this proposal as it is too costly to the land fund. The city would have to sacrifice any additional trails. Councilman Peters said the city has already committed over $2 million to the riparian area. Councilwoman Pendleton said she also does not support this. There are other projects that will come up that may need to be addressed out of the land fund. Councilman Gassman agreed. Mayor Stirling told Council he also researched trying to pull the lots more to the south and has discovered this is not possible. Councilman Peters said what is driving the debate on the access is the commercial development within the Meadows. Councilman Peters said the additional paving in the race track is wasteful and redundant, counterproductive and counter to Council's goals. Councilman Peters said he would rather try and control the impact of the development within the Meadows; one way to do that is deal with the uses of the condominiums that are being built. Councilman Peters said the condominiums have a lot of cash value without short terming them. Eliminating short term use would also eliminate a lot of the impact. Councilman Peters said the conceptual plan is lacking in mitigation of traffic. Councilman Peters suggested an alternative to use North street in order to pull the single family homes off the race track or to disperse traffic by giving people two exits. Councilman Peters said the logical alternative is to keep the access on Eighth street and try to control the density within the area. Councilman Peters said that was the logic that brought Council through the master planning process. Councilwoman Pendleton said she does not want to stop this process . The access will impact people no matter which alternative is picked. The cars have got to be de-emphasized. Councilwoman Pendleton said with a new highway people will gravitate to Seventh street as it is easier. Councilwoman Pendleton said she does not like infringing on the Meadows. John Sarpa, representing the applicant, reminded Council they have arrived at the preferred access by what makes sense. The studies were reviewed by outside consultants. The consultants discussed safety, the new alignment of the highway, the capacity of the existing roads, etc. Feldsman, traffic consultant, told Council he was asked to look at broader issues than just on-site traffic, like how to get to the Meadows. Feldsman said in looking at the regional aspects, like getting people from the highway into the Meadows, Seventh is the principle choice from a traffic engineering 7 Regular Meeting Aspen_CitY Council December 17, 1990 standpoint for 3 reasons; (a) it is a direct route as opposed to a two-turn movement; this will become more critical with the realignment of highway 82; (b) ease of signing and (c) safety. Feldsman said south of Smuggler there is more traffic on Seventh than on Eighth during the peak period on a typical day. North of Smuggler the opposite occurs. Councilwoman Pendleton said once one gets past Smuggler, there is a significant decrease in traffic. Councilwoman Pendleton said many objections are the infringement upon the race track and perhaps there is another way for the traffic to go. Sarpa said he has discussed the various alternatives with the property owner, Charles Marquesee. There are only certain road alignments that will work with Marquesee's donation of land. Councilman Peters said Marquesee's donation is laudable but what is germane is the plan approved by Council. Mayor Stirling said Eighth street is an ideal, picturesque drive and why would the city want to put another drive inside the oval; two acres of the oval will be lost. Councilman Peters agreed the race track seems to become the repository of all that is unwanted in the development. Councilman Peters said if the residential uses are controlled, Eighth and Meadows can easily be used and avoid paving the open space. Sarpa pointed out there is 60 acres owned by a private entity and the object was to see if the community and property owner can work together to plan this. Sarpa said there was a public process and master plan, which the Council voted on. There were public hearings at P & Z; P & Z reviewed the master plan and voted on it. Mayor Stirling said the Council is in the process of scrutinizing and evaluating the master plan. Councilman Peters said the compromise was achieved over a period of time; the impacts have been reduced through the process. Councilman Gassman said this process has been very fragile and has always had the potential to fall apart. Councilman Gassman said he can live with the Seventh street access as outlined in the master plan. Councilman Tuite said Seventh street coming in off a newly aligned highway 82 makes the most sense. Councilman Tuite said he has not heard complaints about the four new houses. Councilman Tuite said he is not happy about a 22 foot road; however, if Charlie Marquesee is willing to give land for this road, it helps mitigate the impact on the oval. Councilman Tuite said the location of the 4 houses will have the most impact on the oval. Councilman Tuite said the traffic has got to mitigated and one solution may be no parking on the property. Councilwoman Pendleton said she is concerned about the amount of additional intrusion into the race track area and asked if moving the road would stop the process. Gideon Kaufman said it would stop the process. The Institute has been in the process for 3-1/2 8 Regular Meeting Aspen City Council December 17, 1990 years. There is a master plan approved by Council and the Institute would like to see the major element complied with. This position is supported by the Physics Institute. Sarpa said if the fundamental precepts of the plan are changed at this date, the reaction from the community will jeopardize this process to the point of stopping it. Councilman Tuite moved to approve condition #8 stating that Seventh street shall be the primarily access into and out of the Meadows; seconded by Councilman Gassman. Councilmembers Pendleton, Gassman and Tuite in favor; Councilman Peters and Mayor Stirling opposed. Motion carried. Councilwoman Pendleton moved to approve condition #9, costs associated by Seventh street shall be born by the application; seconded by Councilman Tuite. All in favor, with the exception of Councilman Peters. Motion carried. Mayor Stirling moved to continue the Aspen Meadows hearing to 5 p.m. Thursday, December 20, beginning with conditions 19 and 20; seconded by Councilman Peters. All in favor, with the exception of Councilwoman Pendleton. Motion carried. ORDINANCE #80, SERIES OF 1990 - Hotel Jerome PUD Lot Line Adjust- ment Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Tuite moved to adopt Ordinance #80, Series of 1990, on second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Gassman, yes; Tuite, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #72, SERIES OF 1990 - 734 West Smuggler Condominiumiza- tion Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Leslie Lamont, planning office, told Council a site visit determined that the parking does in fact fit the number of spaces required. Councilman Gassman moved to adopt Ordinance #72, Series of 1990, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Pendleton, yes; Gassman, yes; Tuite, yes; Peters, yes; Mayor Stirling, yes. Motion carried. 9 Regular Meeting Aspen City Council December 17, 1990 HOUSING OFFICE 1991 BUDGET Harry Truscott, housing authority, presented an overall budget for the housing authority. Truscott told Council everyone is in agreement with all aspects of the budget. There is funding for full staff. Councilman Gassman said the housing authority should be an independent operating entity and the way to do that is to leave it alone. The solution to perceived problems is not to try and meddle in the management but to complain to the housing authority Board. Mayor Stirling said there is a transition between directors and Council directed the city manager to assist in the budget. Councilman Peters said he, too, would like to approve the budget without any strings. The new housing director should not have to come and plead his case for a budget and with a secretary position approved. Councilman Gassman moved to approve the proposed budget; seconded by Councilman Peters. All in favor, motion carried. AMENDING 1990 HOUSING BUDGET Cindy Wilson, finance director, pointed out Council had seen this earlier. Staff is comfortable with the numbers. There are payments out of the cash-in-lieu funds for several items in the budget. Councilman Gassman moved to approve the amendments to the 1990 housing budget; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #75, SERIES OF 1990 - Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Peters moved to adopt Ordinance #75, Series of 1990, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Gassman, yes; Tuite, yes; Peters, yes; Pendleton, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #77 , SERIES OF 1990 - Senior Citizens Property Tax REbate Councilman Gassman moved to table this issue to January 14, 1991; seconded by Councilman Tuite. All in favor, motion carried. RESOLUTION #58, SERIES OF 1990 - Commercial GMQS Allocation 10 Regular Meeting Aspen City Council December 17, 1990 Councilman Gassman moved to approve Resolution #58, Series of 1990, granting 1990 commercial allocations; seconded by Councilman Tuite. All in favor, motion carried. RESOLUTION #59 , SERIES OF 1990 - Pitkin County Bank GMQS Allocation Councilman Gassman moved to approve Resolution #59, Series of 1990; seconded by Mayor Stirling. This resolution approves payment-in-lieu of $164,500 for employee housing for the Pitkin County Bank. Councilman Peters reminded Council of a previous discussion about reserving the discretion to require on-site housing or allow the developer to chose cash-in- lieu. Councilman Peters said he would prefer to have the housing authority develop municipal and county projects and have the developers be required to build or buy their own units . Councilman Peters said he would prefer not to accept this resolution. Councilman Gassman agreed and pointed out there are advantages to having people living in the downtown. Sunny Vann, representing the applicant, told Council this is a modest expansion to an existing building. This will be slightly below the 1.5:1 FAR. Vann said in order to get additional square footage for the employee housing, it would have to be taken out of the commercial square footage or go into the bonus category. Vann said the cost of buying the employee housing is almost equal to the budget of building the additional commercial square footage. Vann said cash-in-lieu is an alternative in a case of a non- speculative local business expanding to meet its need with its existing employee base. Vann said staff took the position that new employees generated or not, a project must meet the minimum requirement. Councilman Peters said he is not asking the building configuration be changed but he would like the applicant to look at the real estate market and to provide these employee units. Mayor Stirling said the city is working on a lot of projects and could use the cash-in-lieu. Councilman Gassman said the cash-in-lieu will not result in any more housing. Mayor Stirling asked if the applicant would be willing to pursue the buy down approach and report back to Council. Vann said the would be willing to do this. Councilman Gassman said Council get to make the choice too late in the process. Councilwoman Pendleton agreed this should be decided earlier. Councilwoman Pendleton in favor; everyone else opposed. Motion NOT carried. 11 Regular Meeting Asben Citv Council December 17, 1990 Mayor Stirling moved to direct the applicant to pursue the housing of 4.7 employees, 60 percent mitigation, and that the applicant report back by no later than February 1st on this progress; seconded by Councilman Tuite. All in favor, motion carried. RESOLUTION #60, SERIES OF 1990 - Accepting Cash-in-Lieu 409 East Hopkins Mayor Stirling said this is the same discussion as the previous issue. Joe Wells, representing the applicant, said the difficulty for an applicant is the cost of the process and negotiating with HPC. Wells told Council the applicant presented a three story building, which the HPC did not favor. HPC approved a two-story plan amounting to a 7,000 square foot commercial expansion. Wells said there are 3 code amendments in the applications because of the exactions amount to $2,000,000 under present code provisions. Wells said the proposed code amendments request a waiver of the open space payment-in-lieu fee when HPC specifically encourages an applicant to move a non-historic structure into open space and to reopen the issue on the exaction that is now required for replace- ment square footage. Wells said the GMQS issue should be separated from the code amendments. Wells said the payment-in-lieu would be $772,800 for 16 employees at 60 percent. Councilman Tuite moved to direct the applicant to satisfy the 16 generated employees in the market place and respond to Council no later than February 1st; seconded by Councilman Peters. Leslie Lamont, planning office, told Council the applicant identified about 27 employees total. The housing referral comment questions these numbers; they may be too high. Ms. Lamont said one condition of approval is that staff and the applicant work out the exact number of employees generated. Wells said the reason the number was structured that way was to not predetermine the use of the space. All in favor, motion carried. RESOLUTION #61, SERIES OF 1990 - Excess Allocation Councilman Gassman moved to approve Resolution #61, Series of 1990; seconded by Councilman Tuite. Councilman Gassman said Joe Wells tabulation of commercial construction over the last few years is persuasive. Councilman Peters said the GMP allows a maximum amount of growth and the limits set should be acceptable. Councilman Peters said the city has enjoyed less than the limit and has had a policy of not carrying forward the GMP allocation from year to year. Councilman Peters said he feels this is a good policy. Councilman Peters said 12 Rectular Meeting Aspen Citv Council December 17, 1990 he does not feel this should be taken out of the future. Amy Margerum, planning director, noted the quotas have been used up in the past based on exemptions. Jed Caswall, city attorney, told Council he has made the interpretations that it would have taken an affirmative act to carry the allocation over from previous years. This was not done and the allocations are gone. Wells said Council the code states the city shall make available 30 percent of the quota in any year. Wells said it was felt a minimum amount of quota should be available every year for the GMP to be defensible so that people could not be precluded from applying an on annual basis. Wells' interpretation is that the city made 2400 square feet available in the 1989 competition. The code requires Council, by resolution, to either carry over the allocation or to eliminate the allocation. Wells argued that decision has yet to be made. All in favor, motion carried. SPECIAL MEETING WITH COUNTY COMMISSIONERS Jed Caswall, city attorney, said if Council chooses they can decide whether or not to go into an executive session and what the subject matter should be. Councilman Peters moved to meet in executive session December 18th 4 p.m. with the Board of County Commissioners, Commissioners meeting room, together with city and county manager and director of planning office to discuss planning and management issues; seconded by Councilman Tuite. All in favor, with the exception of Councilman Gassman and Mayor Stirling. Motion carried. Councilman Peters moved to continue this meeting to December 20, 1990, at 5 p.m. to discuss Ordinance #78, 1990, and the Meadows SPA; seconded by Councilwoman Pendleton. All in favor, motion carried. d Kathryn Koch, City Clerk 13