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HomeMy WebLinkAboutminutes.council.19820111Mayor Edel called the meeting to order at 5:00 p.m. with Councilmembers Knecht, Parry, Collins present. MINUTES Councilman Knecht moved to approve the minutes of July 27, 29, 1981; seconded by Councilman Parry. All in favor, motion carried. ACCOUNTS PAYABLE There were none. CITIZEN PARTICIPATION i. Bob Regulski, owner of Aspen limosine and Mellow Yellow, told Council they have been using the Plum Tree parking lot as an intercept lot. Regulski asked Council if they could rent the lot from the city for the remainder of the season. Mayor Edel said he had received phone calls from citizens saying the city is creating an eye sore; this is not place for a public parking lot. Mayor Edel said he is of %he same opinion and has asked staff to fix the situation. Regulski said when he puts these 50 vehicles in the city, there are problems with theft and with parking. Councilman Parry moved to put this on the agenda; seconded by Councilman Knecht. All in favor, motion carried. COUNCILMEMBER COMMENTS ~ 1. Councilman Knecht said he wanted to get the vehicles out of the Plum Tree lot and also out of the lot at Cemetery Lane and Highway 82. Councilman Knecht said he would like to get rid of all these vehicles as soon as possible. Mayor Edel said he has parked at the Cemetery Lane lots to go cross-country skiing. Councilman Parry agreed a lot of people use thatilot for cross-country skiing on the golf course. Councilman Knecht asked about getting rid of overnight parking; these lands were bought with open space funds and now they are parking lots. City Manager Chapman said the police are paying attention to over night parking and are citing and towing. Councilman Collins suggested using the parking lot at the Plum Tree for cross country skiers. City Manager Chapman said typically the city does not plow the Plum Tree lot in the winter. Also the cross country ski trail starts near the other parking lot. 2. Councilman Parry asked about the police parking on Hopkins. There were spaces for six cars and now the police parking has expanded to the other side of the street with more City Manager Chapman said as soon as the work on the roof is finished, the space. cars will be moved back to the north side. Dan Levinson told Council the roof is finished. Councilman Parry asked staff to look into this as a lot of people have called him about it. 3. Councilman Parry said one of the reasons Council made a quick decision on the Plum Tree was so that a pro shop would be open next winter. City Manager Chapman told Council the plan for the opening of the Plum Tree is about the middle of March. They will start construction of the pro shop as soo~ as the construction season allows it. 4. Councilman Parry said he had three articles from the newspaper regarding the HPC and their making people adhere to certain colors schemes. Also the HPC is checking on the colors of awnings. Councilman Parry said the Council should have a discussion as to whether the HPC should be looking at colors at all. 5. Councilman Parry said there are streets that one car cannot get through. The city needs to have scheduled snow removal. City Manager Chapman said the city started last Friday to clear areas in residential neighborhoods and towing cars to streets that have just been cleared. The big prOblem has been with the tow trucks; the city had to hire some private equipment to help with the towing. Councilman Parry suggested having alternate side of the street parking. City engineer McArthur told Council the street department is posting certain streets temporarily for snow removal. If there are alter- nate side parking, people do not pay any attention to these when the street department is not coming around regularly. Mayor Edel requested staff look into alternate side parking and Snow removal problems and report back to Council. 6. Mayor Edel told Council that CAST is sponsoring its second legislative tour this year at Steamboat Springs to see problems in ski resorts. This is a tour for people from the legislature and anyone from Council can attend. 7. Mayor Edel told Council that Ramona Markalunas called again about the bus situation to the high school and why the buses do not go up the high school road and drop the kids off. Mayor Edel asked Chapman to respond and to follow through. Chapman said the insurance problem can probably be handled now since the city has its own self-insurance pool. There may be some operational problems with this; Chapman said he would work with the transportation department. 8. Mayor Edel said he had received calls from people who have small businesses, who work at home and who have 1 or 2 employees complaining about the occupation tax fee. Councilman Knecht suggested discussing this situation at the retreat. 9. Mayor Edel received a letter from Francis Whitaker who was quite irate in the delay for acknowledging a donation of his. There was a delay of four month in this acknowledge- ment. Mayor Edel said he apologized for this. Whitaker's letter also goes on at great length about the city's sidewalks. Mayor Edel said the Council waw supposed to get some respons from the police department and staff about this. Assistant City Manager Mitchell told Council they have drafted letters for the property owners to remind~them of the ordinance requiring removal of snow from the sidewalks after a storm. Councilman Parry asked why the police department did not just go out and enforce this. McArthur said there is some enforcement problem with lack of staff. Chapman told Council the traffic control officers have been contacting businesses and explaining the law. Mayor Edel said he wanted the ~sidewalks taken care of. Chapman said the staff would send the letters and remind the TCO's while they are enforcing parking to go in and talk to the businesses. Chapman said he would meet with the police department and tell them it is time to tune up on the sidewalks. PLUM TREE INN PARKING Councilman Parry suggested moving the cars and taxis to the back of the building rather than in front on the highway. Councilman Parry said he did not want the taxis on the city streets. Chapman told Council he had checked that suggested out and that back lot is now leased to Trueman; it cannot be used for parking because Trueman is going to use it for construction staging. Councilman Knecht said this is city property and suggested renting space at the airport. Regulski said there is not much space out there. Council- man Knecht said he did not feel the city should have to take care of private businesses. This property was bought with open space and now it is being used as a parking lot. City Manager Chapman told Council the city gets a number of complaints about taxi cabs parked overnight in residential areas. The city was trying to get them off the residential streets. Mayor Edel said he understood the reason for moving the taxis there; however, the Plum Tree lot looks like a terrible impound lot. The answer is not moving the cabs to this lots; it was bought for a different purpose. Mayor Edel said that Council asked a month ago these cabs be moved and nothing has been done. Council has not changed their minds; Council does not want to see those taxis at the Plum Tree lot. PARK DEDICATION FEES REPORT Assistant City Manager Mitchell told Council the staff has reviewed the three points brought up by Levinson concerning mathmatical calculations dealing with duplex; why the fee isn't applied to multi-family and commercial; and the percentage based fee has increased as land values have increased, but the City's cost for open space has not. Mitchel said some of the ca.lculations on duplexes were using the entire land value. One of the recommendations is that Council would direct staff to administratively apply land values specifically to one side of the duplexes. The multiplier used for addition was a 1.5 rather than a .5; Mitchel recommened that .5 should be used for additions. This may have been due to how the ordinance was interpreted. Mitchell said the park dedication fees apply to multi-family but does not apply to commercial. When the ordinance was revised in 1978, Council felt there was some legal problems applying this to commercial, so this was deleted. Mayor Edel asked if the staff researched the point about land values going up astronomically and the city's costs not going up. Mitchell said the staff did not get into detail on this; it is more of a philosophical point. Levinson said the thrust of the problem is whether there should be a reevaluation period to see if the percentages still make sense. The property values have changed and the multipliers have followed their way up. Levinson asked how much was in the park dedication fund. Mitchell answered there is $100,000 in notes and $50 to $60,000 generated a year. Levinson questioned whether the city was generating enough money for parks or maybe there should be a different approach to generate money for parks. Councilman Parry said the reason the park dedication fees were started is that every dwelling unit and room built generates people who use the parks; this fee is not necessarily for open space but for parks, parks maintenance and upgrading. The city is behind in ball fields and playing parks. Levinson said there must be a fairer way of raising revenue which is dispersed over more areas. Mayor Edel said this report does not answer some questions. If it is not raising enough revenue,' maybe it should be doubled. There are no facts to support this. Has it doubled itself with rising land values. Should commercial projects be charged. Mitchell told Council the staff gathered what information they could for this report. Councilman Knech~ suggested that Levinson work with the staff on park dedication fees. Councilman Knecht said he would be glad to work on this also. Mayor Edel suggested this report get back to Council as soon as possible. Councilman Knecht moved to direct the staff to assess all future park dedication fees such that a portion of the land value is allocated to each building permit based on squar~ footage and to use a multiplier of 0.5 for each bedroom in an addition; seconded by Councilman Parry. All in favor, motion carried. COG REPORT Tom Glass was present to give Council the quarterly report from COG. IN CETA, funding for this county amounted to $134,000; highlights were a telecommunications grant, tourist enhancement program, archivist for the Aspen Historical Society, and support of non- profit programs. Mayor Edel asked who determines the priority of this. Glass said the personnel directors, Patsy Malone and Phyllis Kenny, advise the COG board. There was an emergency medical services grant and spent $73,000 in communications equipment for ambulances. Glass told Council they are receiving a lot of private developer interest in the housing demand/supply analysis and cost index. This broke down into market increment! the various levels of demand. COG agreed to fund a transportation study with CAST and Ski Country USA, this is tied up. The Secretary of Transportation assured COG the check is in the mail. There is no work in Aspen on energy impact. For the agency on aging, there is a meal site at the communit' center that serves about 37,000 meals. There is a van operating for the senior citizens through the county. Under weatherization, three homes in Aspen have been done. In the energy crisis intervention, which is the leak program, this is not as cost effective as the weatherization program. This program is difficult to administer and more open to abuse. Glass told Council COG will publish an energy resource directory this month. Under water quality, Congress reauthorized the federal clean water act for 2.4 billion to provide money!l for continued water quality management planning. The ~thrust of COG is the transmountain water diversion and legal battles. The 404 program is the Army Corps of Engineers dredge and fill project. COG initiated a water conservation program in Pitkin County with 208 funds and have installed 764 pairs of toilet dams, 890 shower heads, 1235 aerators. COG will have brief on reapportionment in the packet this month. Pitkin County has been impacted by the reapportionment decisions. COG has a new program in telecommunications. (Councilwoman Michael came into Chambers). COG plans to be active on the Governor's call on state sewer and water funds, the severance tax, housing authority, social services delivery system. Mayor Edel said that Tom Glass runs the best COG in the state. Council reappointed Council- man Parry as the COG representative. ORDINANCE ~1, SERIES OF 1982 - Aspen Mountain Park SPA Alan Richman, planning department, told Council this ordinance adopts the precise plan for SPA for Aspen Mountain Park. Richman showed Council the final plat, the issues of this final plat will be dealt with at the first meeting in February. This ordinance gets this moving into the process. The details later will be what is proposed, the improvements, etc. This is under review by the staff. Ordinance ~3, Series of 1982, zones Pitkin Reserve to basically.the same density as it is now in the county. Councilman Parry moved to read Ordinance ~1, Series of 1982; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE ~1 (Series of 1982) AN ORDINANCE ADOPTING THE PRECISE PLAN FOR THE ASPEN MOUNTAIN PARK SPECIALLY PLANNED AREA was read by the city clerk Councilman Parry moved to adopt on first reading Ordinance 91, Series of 1982; seconded by Councilwoman Michael. Roll call vote; Councilmembers Collins, nay; Parry, aye; Michael, aye; Knecht, nay; Mayor Edel, aye. Motion carried. Councilman Parry moved to read Ordinance #2, Series of 1982; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE ~2 (Series of 1982) AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ASPEN RELATIVE TO THE APPLICATION OF ASPEN MOUNTAIN PARK, A COLORADO GENERAL PARTNERSHIP, FOR THE DISCONNECTION OF A TRACT OF LAND FROM THE CITY OF ASPEN AND DISCONNECTING SUCH TRACT FROM THE CITY OF ASPEN was read by the city clerk Councilman Parry moved to adopt on first reading Ordinance ~2, Series of 1982; seconded by Councilwoman Michael. Roll call vote; Councilmembers Knecht, nay; Michael, aye; Parry, aye; Collins, nay; Mayor Edel, aye. Motion carried. Councilman Knecht moved to read Ordinance #3, Series of 1982; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #3 (Series of 1982) AN ORDINANCE ZONING THE PITKIN RESERVE ANNEXATION WHICH LAND WAS ANNEXED TO THE CITY OF ASPEN PURSUANT TO ORDINANCE NO. 67, SERIES OF 1981, AND THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk Councilwoman Michael moved to adopt Ordinance ~3, Series of 1982, on first reading; seconded by Councilman Parry. Kay Reid asked is there is any change from what has previously been seen. Richman answered this is the same as what what presented at the preliminary plat public hearing at P & Z. Roll call vote; Councilmembers Michael, aye; Parry, aye; Collins, nay; Knecht, nay; Mayor Edel, aye. Motion carried. ORDINANCE ~86, SERIES OF 1981 - Rezoning Forest Service Mayor Edel opened the public hearing. Alan Richman, planning office, told Council this ordinance is bringing the zoning to order with what zs occurring on the city. Through this the city will get a comprehensive plan. Mayor Edel closed the public hearing. Councilman Knecht moved to adopt on second reading Ordinance ~86, Series of 1981; seconded by Councilwoman Michael. Councilwoman Collins asked if the city had a preczse plan. Richman said once this is rezoned to SPA, the forest service will come to P & Z with a precise plans; they are willing to do this. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Michael, aye; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~81, SERIES OF 1981 - Land Use Fees Alan Richman, planning office, told Council this ordinance takes the existing iee structure for land use out of the Code. Council passed an ordinance at the last meeting in December setting land use fees; because of publication requirements, this ordinance is two weeks later. Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the public hearing. Councilwoman Michael moved to adopt Ordinance ~81, Series of 1981, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Knecht, aye; Michael, aye; Parry, aye; Collins, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~87, SERIES OF 1981 - Mountainedge Zoning Alan Richman reminded Council the most recent meeting on this subject was when the public complained about machinery and noise; Council found they had no right to enforce any city regulations until the property was zoned. This went to P & Z; at a public hear- ing in November, P & Z recommended this be zoned R-15. This is a couple of years after annexation; it is to be considered a zoning at annexation. Richman stated if in the future the applicant desires a rezoning, P & Z suggested they would be willing to listen and to sponsor that action. Richman told Council if they chose not to zone the property, this will not save the applicant any steps. The property has to be zoned. Richman said it is important that the property be zoned now rather than waiting for an application for subdivision. Richman said R-15 represents not a substantial upzoning and is compatible. P & Z suggested they will be happy to listen to a rezoning request. To upzone the propert~ now would be speculative in nature, hoping the application will come in based on models or plans. When the application is submitted to the planning office, a rezoning would be logical to consider. Mayor Edel opened the public hearing. Spencer Schiffer, representing the applicant, said he did not feel it was appropriate to zone property in reaction to a perceived problem. The applicant does have a proposal. Councilwoman Michael said this is not a vote on the proposed project but is a vote on the zoning. This is talking about a zone that will probably be temporary in the sense the applicant will want to come in for a rezoning. Welton Anderson said this is an attempt to keep from having to go through rezoning. Anderson said for this project to get off the ground it will need the proper zoning designation. This project will require many steps through P & Z and Council and will take a year. Anderson requested Council's help in not zoning a particular designation and then having to go through rezoning. Anderson told Council the formal application is ready; there was a meeting with the M.A.A. to get both sides going. Carolyn Doty, representing the Shadow Mountain citizens group, told Council they support the R-15 zoning because there are a lot of considerations for the neighborhood which need to be worked out before any other zoning. These considerations are congestion, parking, height restrictions, etc. If there is a rezoning, this group would like to have partici- pation in that rezoning. John Doremus, trustee of the board of M.A.A., stated he would like to make a plea to Council to reconsider this decision. It is of enormous importance to the M.A.A., who have been overwhelmed by problems recently. Doremus said it appears this is denying M.A.A. the possibility of having this facility. The M.A.A. has a plan that has been discussed with the developer; there is the basis of agreement with respect to use for the future of the plan. The plan is present in front of Council as a model. Doremus told Council for years the M.A.A. has used Cantrup facilities for major housing for students. The M.A.A. is currently renting 200 beds and it is clear that in two years time there will not be any beds to rent. The M.A.A. has always counted on this project as being reasonable and logical; they never counted on this resistance. The project has been cut from 150 rooms to 70 rooms. The M.A.A. has no alternative. Mayor Edel said the M.A.A has misinterpreted the actions of Council; Council has positive feelings about the M.A.A. and how it can be helped. Council is addressing a problem that should have been remedied a long time ago. Both Council and P & Z have definitively stated they are for this project. This is the only piece of land in the city that has no zoning. Councilman Knecht asked how much time would be added to this process with rezoning. Richman answered it will not add a single step; in the subdivision process, it will be piggybacked with other public hearings that are required. Richman said the planning office wants this process to have the opportunity to give residents a chance to have input. Councilwoman Michael stated this is a technical zoning; by suggesting R-15, the Council is not making any comments about the future of M.A.A. or their support for the M.A.A. Councilwoman Michael said the Council does not zone land a category on the chance it is the zone the client wants; this is a technical zoning. Councilman Knecht said he felt it is foolish to do a zoning and maybe the project will fall through. Councilman Parry said he felt this project is very important and he wants this land to be multi- family. Council knows they want this project there, and there is no reason to zone this land R-15. Schiffer told Council the project has been started. Schiffer requested this ordinance be tabled; they have agreed not to do anything else. Schiffer said the city may have legal problems with conditional zoning. Councilman Collins pointed out going from county zoning to city is about a 50 per cent increase over corresponding density in the county. Alan Blomquist, P & Z member, told Council they went over this twice; a small portion of the Koch property in the city was zoned R-15. The neighbors and P & Z have relied on Council to have this land of no-zoning corrected. Councilman Parry said it has always been the contention of planning and P & Z that lodge zoning and density should be up against the mountain. This property is surrounded by lodges and condominiums. Richman answered there is a variety of zoning designations in this area and illustrated with a map. _Ja~n~a~y 1!, 1982 Carol Blomquist told Council a group of citizens in the neighborhood have been concerned about this project. Ms. Blomquist said she is concerned about open space and Shadow Mountain. Shadow Mountain is one last little spot of nature in the city for the elk, trees, blue jays. Mark Danielsen said in November 1979 when Council reviewed the annexation request from the minutes of the meeting, "the purpose of this annexation is to facilitate a housing project for the MoA.A." Danielsen requested that the zoning be made in accordance with the intent and purpose of that annexation. Mayor Edel closed the public hearing. Councilwoman Michael moved to adopt on second reading Ordinance #87, Series of 1981; seconded by Councilman Collins. Councilman Parry said it is foolish to make this R-15 when the Council knows they would like to have the M.A.A. there. Councilman Knecht stated this should be tabled for 45 days. Roll call vote; Councilmembers Collins, aye; Knecht, nay; Michael, aye; Parry, nay; Mayor Edel, aye. Motion carried. (Councilwoman Michael left Chambers). ORDINANCE #88, SERIES OF 1981 - Amending Retirement Ordinance Mayor Edel opened the public hearing. Assistant City Manager Mitchell told Council the city attorney had made minor chanqes in the wording. Mayor Edel closed the public hearing. Councilman Collins moved to adopt Ordinance #88, Series of 1981, on second reading; seconded by Councilman Knecht. Mayor Edel stated he was going to vote no,because he does not believe full vesting should be after five years. Mayor Edel said he everything but instead of 100 per cent at five years, it should be 75 per cent. That way it would be more effective for the city. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Parry, aye; Mayor Edel, nay. Motion carried. ORDINANCE #93, SERIES OF 1981 - Small Projects GMP Exceptions Mayor Edel opened the public hearing. Gideon Kaufman said he wanted a clarification. The ordinance talks about the possibility of providing employee housing. This employee housing should not come out of the 500 square feet because it would make it impossible to make a small expansion. Kaufman said he wanted to make sure if an applicant is required to put in employee housing it does not come out of that 500 square feet. Alan Richman, plan- ning office, agreed the square footage for employee housing should not come out of the 500 square feet. Kaufman suggested adding "excluding employee housing" after 500 square feet in the first sentence. City Attorney Taddune agreed as did Richman. Mayor Edel closed the public hearing. Councilman Parry moved to adopt on second reading Ordinance #93, Series of 1981, with the above amendment; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Parry, aye; Collins, aye; Mayor Edel, aye. Motion carried. FERGUSON ANNEXATION Jon Seigle, representing the applicant, told Council this is located at the corner of Midland avenue and Highway 82. City Attorney Taddune told Council this is a discussion item; the petition for annexation has been reviewed and it seems to be in accordance with statutory requirements. Lou Buettner, enqineering department, told' Council some items have come up in discussions with the county engineer pertaining to open space alloted to the lots, the lot frontage along the cross streets. Buettner put up maps to show where the property is located. Pat Dobie, county engineer, said he did not think the streets were ever vacated. There were 17 lots originally that were consolidated. The Commissioners gave approval to build up to five units. The applicant was asked to show proof the roads were vacated. When the county calculated the density, it was found there was only enough acreage to justify four units. Mayor Edel asked why the applicant wanted to be annexed. Seigle told Council his review of the file and the county resolution is inconsistent with what is being presented here. Seigle told the Council this property is surrounded on three sides by the city; the applicant wants city services, they would like to be able ~o participate in city elections~ Mayor Edel asked if they were looking for additional building units in this annexation; Seigle answered no. Seigle said there is a vacant lot this project is entitled to develop in the county. There are four lots; one lot has employee housing which is dedicated as such. There will not be any more development in the city than in the county. City Attorney Taddune told Council they have to find whether or not the petition for annexation is on substantial compliance with the state statues. The city has been insis- ting on the deeding over of water rights in annexation. Seigle questioned whether the city wants domestic water rights or irrigation water rights. This property is served by the Riverside ditch which can only be used for irrigation. There is extensive landscaping on the property. The applicant would like to retain their rights for irrigation. Mayor Edel said the city has been trying to secure as many raw water rights as possible; an agreement may be entered into where the applicant has the same privileges but the city controls the water rights. Seigle said if there is a purpose for the city to have the water rights and the applicant could get the same benefit from them, this could be worked out. Mayor Edel said there are some things to be resolved which require action between staff and the applicant. Mayor Edel said he did no~ hear any objections from Council to the annexation. Councilman Parry moved to refer to City Attorney Taddune for a recommendation to see if the petition ~s in compliance with the annexation statutes; seconded by Councilman Parry. All in favor, motion carried. EXEMPTION FROM GMP FOR EMPLOYEE HOUSING - Corkscrew Duplex Colette Penne, planning office, told Council this is a request for exemption from GMP for employee housing; it is located at 118-120 East Hyman street. This is in the R/MF zone on 9,000 square foot lot. Ms. Penne reminded Council this was one of the project caught up in the R/MF moratorium. Council met with the applicant and came up with a solution limiting the building to 8200 square feet; the duplex is 7780 square feet. The only discrepancy found by the planning office from the agreement is that the applicant agreed to a 14-1/2 foot side yard; the building stops at 14-1/2 feet but the deck goes into that. The side yard is still 5 feet which is within the side yard required in the R/MF zone. The employee units requested are 800 square feet. The applicant is willing to rent these at moderate income prices calculated at a size,~of 650 square feet. The applicant is not bound to this because the applicatiOn was received before the guidelines changed but will do this voluntarily. Ms. Penne said this space being reviewed for employee units was accounted for when Council reached an agreement with Mr. Baker. This is in the garden level and is already built. P & Z reviewed this and voted not to exempt these employee units and not to give the parking reduction. There is a three-car enclosed garage for each side of the duplex and three bedrooms in each side of the duplex. Mayor Edel asked why P & Z turned this down. Ms. Penne conjectured that P & Z had just finished a long discussion about the new guide- lines and were probably aggravated. Ms. Penne said she told P & Z this space could either be a basement for the free market units or could be employee housing. The bulk of the building will not change at all. Ron Austin, representing the applicant, told Council the vote at P & Z was 2 to 1; it is difficult to read what the reason was. Mayor Edel said he, too, thought there wOuld be a 14-1/2 set back and was shocked to find it is was to a 5 foot side yard. Mayor Edel is for the employee units. Ed Baker told Council that may have been a misunderstanding; the building is 14-1/2 feet. The plans for the building have not changed except to scale it down. The configuration of the front deck was changed; the decks were always encroaching into the sideyard setback which was permitted under the ordinance. Ms. Penne pointed out the interior space is below what was required in the agreement. Ron Austin, representing the applicant, said this item is not addressing decks; if there is a Code violation that requires the decks to be removed, so be it. The P & Z did not say they voted against this because of decks. Erma Prodinger said her understanding from the P & Z was that they had just gone through the floor area ratio discussion and that they had not approved this building and that they were not going to give any more exemptions. Councilman Knecht asked why the employee units were not shown on the original plans. Ed Baker told Council an applicant has to get approval for these units before a kitchen can be shown. Baker said he was going to apply for the employee units and they were shown in the plan. Baker told Council this is exactly the same thing done in the duplexes down the street, for which he was lauded. Baker said this way there can be employees holding down a job and looking after the duplex. Ron Austin told Council the provisions of the ordinance pertaining to this item are to increase the bulk of the proposed structure in order to p~ovide employee housing. Baker is not increasing the size; the employee units will be Within the existing structure. Councilman Knecht asked about the parking. Austin said there are six garage undergrQund space and two Outside spaces for a total of eight. Baker said he had come in to have tandem parking; however, this no longer applies. Baker requested a varian, ce from P & 5, which they were not willing to grant. Baker will build the two add'itional spaces. Austin told Council the garden level on both sides is unbuilt. This is where they are proposing the employee units. There are two three-bedroom units upstairs; this would create two one-bedroom employee units downstairs. The alternative is to use them in connection with the free market units. City Attorney Taddune told Council this applicant has always stated they were going to come back and ask for the employee units. The policy has been to encourage as many employee units as possible. Baker told Council there is a special review process for the two employee units that has to go through P & Z and Council. Starting the building first was a matter of timing; they were late with the plans and then got stuck in the R/MF moratorium. Ms. Penne stated the planning office recommend approval with the conditions listed in the memorandum. Mayor Edel said it seems what Baker wants to do is get employee housing and spread the units throughout the community. Councilman Parry moved to give GMP exemption for the two employee units to moderate income rental prices with the four conditions; (1) submission of the necessary covenants restricting the units to the moderate income category of the city's employee housing guide- lines to the city attorney for approval; (2) a complete condominium plat should be submitte prior to sale; (3) provision of a 5 foot sidewalk along Hymen street frontage; (4) provisio of a 10 foot by 7 foot electric/communications easement in the northeast corner of the property to allow placement of transformers and pedestals for existing underground power and phone poles; seconded by Councilman Knecht. Carol Blomquist said she is concerned about the integrity of the situation. The neighbors started on this last June and were relieved when the moratorium was put in. The neighbors worked with the planning department, the Council walked the neighborhood. Parking is a definite problem. This project is taking open space away to provide parking; there will be more cement. Ron Austin pointed out that parking is not impacted by this building. Baker's project is meeting all the criteria for the RBO. This is not an increase in size or bulk. Ms. Penne said this neighborhood group has gotten a lot of response from the staff and Council. This group has been the basis for two moratoriums getting enacted. The request here is allowing existing space to be used for employee housing or not. Ms. Prodinger said she had lost 18 units in her lodge to Mr. Baker's building; this may break the lodge. Parking is a tremendous problem. Ms, prOdinger said the neighbors will not know how many employees will live in those units. Baker said he would be willing to covenant to the number of no more than two people per unit. Austin said the issue is employee housing; the impacts have been covered. There are no impacts on the neighborhood or the community. The issue is whether or not this application falls within the purview of the ordinance. -4- Regular Meeting Aspen City Council January 11, 1982 Councilman Parry amended his motion to add two more conditions; (5) no more than two people per unit, and (6) using 650 square feet rather than the 800 for calculating the rent. All in favor, with the exception of Councilman Parry. Motion carried. ORDINANCE ~4, SERIES OF 1982 - Historic Structures Councilman Parry moved to read Ordinance #4, Series of 1982; seconded by Councilman Collins All in favor, motion carried. ORDINANCE #4 (Series of 1982) AN ORDINANCE ACCORDING TO SECTION 24-9.7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN FOR DESIGNATION OF HISTORIC STRUCTURES WHICH ARE LISTED IN THE INVENTORY OF HISTORIC~SITES AND STRUCTURES FOR THE CITY OF ASPEN, COLORADO was read by the city clerk Councilman Parry moved to adopt Ordinance #4, Series of 1982; seconded by Councilman Collins. Colette Penne, planning department, told Council these structures the owners wished historic designation. AT the next Council meeting wall be the f~rst reading for the properties II where the owners oppose designation. The P & Z and HPC held a joint public hearing, listened to the owners and voted to approve the designations. Roll call vote; Councilmembers Collins, aye; Parry, aye; Mayor Edel, aye. Motion carried. PUBAtC-H~ARING - PROPOSED BUDGET INCLUDING REVENUE SHARING FUNDS Assistant City Manager Mitchell told Council they must hold a public hearing on the revenue sharing funds received. For 1982 this will be $84,090 transferred into the general fund to support the police. Mayor Edel opened the public hearing on the proposed 1982 budget including the revenue sharing funds. There were no comments. Mayor Edel closed the public hearing. Councilman Parry moved to reaffirm the adoption of the fiscal year 1982 budget of the City of Aspen and to adopt the use of federal revenue sharing funds for the purposes of expenditures ~n the areas of police protection services and financial and general adminis- tration; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~5, SERIES OF 1982 - In Lieu of Tax Payments from Electric Fund Councilman Parry moved to read Ordinance #5, Series of 1982; seconded by Councilman Collins~ All in favor, motion carried. ORDINANCE ~5 (Series of 1982) AN ORDINANCE RECOGNIZING A PAYMENT IN LIEU OF TAXES IN THE ELECTRIC FUND IN THE AMOUNT OF $67~000 FOR TRANSFER TO THE ASSET REPLACEMENT FUND AND EXPENDITURE OF SUCH FUNDS was read by the city clerk Councilman Collins moved to adopt Ordinance 95, Series of 198'2, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Collins, nay~ Mayor Edel, aye. Motion carried. APPLICATION FOR A BEER & WINE LICENSE - R. Pea's It was explained that this license lapsed in Noveraber and was failed to renew. The state requires a new liquor license procedure. Councilman Parry moved to approve the application of R.Pea's; seconded by Councilman Collins. CONSENT AGENDA Councilman Collins requested #2, Central Reservations lease be taken off. Councilman Collins said he felt this request and contribution should come under the regular contribu- tion requests at budget time. Councilman Collins asked if Central Reservations was a non- profit organization. Chapman answered yes. The rent is $1 and is for one year. Council- man Collins said in some areas space is donated in-kind and here there ~s a lease; why the difference. Chapman explained the city developed a lease because the building needed improvements. Central Reservations agreed to put up some of the costs along with the city. In exchange, they wanted some assurance they would have some continuity. Mayor Edel agreed with Councilman Collins; this should be listed as a donation by the city. Chapman agreed to start to place a value on this space. Councilman Parry moved to approve the Central Reservations Lease from January 1, 1982 ~o December 31, 1982, for $1; seconded by Councilman Parry. All in favor, motion carried. LIQUOR LICENSE RENEWALS Councilman Parry moved to approve liquor license renewals for Aspen Club, Anchorage, Andre's and Poppy's Bistro Cafe; seconded by Councilman Collins. All in favor, motion carried. Regular Meeting Aspen City Council - January 11, 1982 HIGHWAY 82 ALIGNMENT ALTERNATIVES Pat Dobie, county engineer, and Dan McArthur, city engineer, were present to show Council the three alternatives for the alignment of highway 82 coming into the city on the west side. Number 1 is to follow the existing alignment of Highway 82 but make it four-lanes. This would require another bridge near the existing bridge. This alignment would require taking out some properties on Hallam street. Number 2 is to put a four-lane highway through the Marolt property and tie this into Main street. This would delete the portion of Highway 82 between Cemetery Lane and the Maroon creek intersection. This would be made into a parkway. In this alternative, Cemetery Lane would tie into the new highway at the Marolt property. Alternative 3 is a two-phase plan. The first phase would be to put a two lane highway and bridge through the Marolt property and tie into Main street. This would be one-way going east. The existing highway 82 alignment would be one-way going west. The second phase, when there is enough money, would be to add two more lanes through the Marolt property. This phase is the lease expensive. Mayor Edel said he felt that alternative 3 has the least impact initially and spreads the responsibility in two area. Mayor Edel suggested that staff go more public with this so that people affected can get more involved. Councilman Collins said he agreed with the recommendation of the busway committee for the final option of alternative 2. Dobie told Council the consultants would like some direction as to Council's feeling. Mayor Edel said he agreed with alternative 3. Councilman Parry said he would take either 2 or 3. Councilman Collins said he will go with four-lane, alternative number 2, as the final one, but will go with ~3 as an interim. Councilman Parry moved to adjourn at 8:30 p.m.; seconded by Councilman Collins. All in favor, motion carried. Kathryn~och, City Clerk