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HomeMy WebLinkAboutminutes.council.19840326Mayor Stirling called the meeting to order at 5:05 p.m. at Paepcke Auditorium with Councilmembers Knecht, Walls, Blomquist and Collins present. CITIZEN PARTICIPATION 1. W. R. Walton brought up the Blue Ribbon panel of prominent citizens that the police chief is proposing and said this Board should have some ordinary citizens as well, like bartenders or taxi drivers. Mayor Stirling asked Acting City Manager Ron Mitchell to discuss this with the chief. COUNCILMEMBER COMMENTS 1. Mayor Stirling reminded Council there are HPC interview Wednesday March 28 at 5:00 pm. 2. There is an opening for P & Z alternate and the Mayor asked the city clerk to advertis~ in the paper. 3. Mayor Stirling requested a look at office space needs for both the city and county andii the tour is to be tomorrow. The Council and Commissioners will look at changes in the courthouse and city hall. 4. Mayor Stirling said the Colorado Association of Ski Towns is meeting in Denver on Friday. Mayor Pena will be addressing the group. 5. Mayor Stirling moved to add the discussion of the McArthur duplex to the agenda; seconded by Councilman Blomquist. All in favor, motion carried. ASPEN MOUNTAIN LODGE CONCEPTUAL PUD Mayor Stirling said the Council has received a draft of a resolution asking the Council to pass conceputal approval of the Aspen Mountain Lodge in order to proceed in the next stage of the process. Mayor Stirling said the essential issue at this meeting is the multi-year allocation. At the last meeting, Council has straw votes on the FAR, the height; there was not a formal resolution. Sunny Vann, planning director, told Council this resolution has several parts; the first is allocation of the quota to the applicant who has successfully competed in the lodge GMPi! competition. The applicants have waived the January 1st deadline for allocation of quota. Another part of this resolution is conceptual PUD subdivision review, which is tracking with the GMP competition. There are other approval associated with the lodge portion of the PUD application. Vann noted Council has not directed staff as to the appropriate quota to be awared, and he incorporated the P & Z's recommendation in the resolution. Vann gave Council an explanation of the derivation of the quota for the lodge. The applicants have reduced the size of the hotel to 447 lodge units. The applicants have verified 233 units which currently exist on the property and can be reconstructed. There are an additional 42 lodge units which are in the process of being verified, which is contingent upon settlement of the Cantrup litigation. Vann said this leaves 172 units required in order to build a 447 unit hotel. There are 32 unallocated units from prior year's competition and Council has the discretion to award these, leaving 140 units for which a quota is require. The applicants won the 1983 lodge GMP competition in L-l, L-2 and are entitled to the annual quota of 35 units, leavin~ 105 units. Council would need to allocate the annual quota from 1984, 1985 and 1986 enabling the applicant to construct 447 units. Vann told Council there are 44 units whichli will come back into the lodge quota resulting from a change in use at the Alpina Haus. The applicants are requesting a change in use for the Alpina Haus from a lodge to deed restricted employee housing. The applicants have been granted a change in use exemption from growth management by the P & Z. Vann said at the time of change in use, the units would be credited back to the zone district. However, the Alpina Haus is a non-conformingll use in the RMF district. Vann told Council there are two different lodge quotas; the L-l, L-2, CC, CL, and the L-3 quota. These 44 units at the Alpina Haus have to be credite~ to L-l, L-2 quota or the L-3 quota or wiped out by Council. P & Z recommended these unitsil be credited to the L-l, L-2 quota at the time of deed restriction. Vann told Council the P & Z's rationale for crediting these units to the L-l, L-2 quota is based on three facts. One, the Alpina Haus is an existing non-conforming use in the RMF district; two, the remaining building in the L-3 zone is quite limited and the annual quota is adequate for the expansion of smaller lodges. Also, since the conversion of the Alpina Haus is an integral part of the hotel application, P & Z felt the 44 units should be credited to the zone district in.which the hotel is to be construct to offset the demand for additional quota. P & Z's rationale for not wiping out these 44 units is that the city has had no new lodge construction in past years, and there is a major proposal in the L-l, L-2 district. Vann said prior to c/o, a credit back to L-l, L-2 quota of 44 units would occur and reduce the future years quota to the 1984 quota and 2/3 quota of 1985. This would be a net borrowing from the future of 61 lodge units. P & Z has provided eight rationales why they believe an award of a multi-year quota of 61 units is appropriate. Vann told Council the applicants have volunteered to allow the quota to expire ahead of schedule in the event they do not obtain a building permit. In the Code, GMP allocations have a two year life span; this application would expire in October 1985. This would be too late if they did not take out a building permit for any other applicant to compete; therefore, the applicants have agreed to the expiration of all quota awarded in June 1985 if they have not taken out a building permit. This would enable another applicant to know they could compete in advance of the October deadline. Vann said this resolution allocates a total of 172 units to the Aspen Mountain Lodge. The resolution provides for the expiration of this allocation in June 1985 in the event the applicants have not submitted plans sufficient for a building permit. The resolution outlines P & Z's rationale for the multi-year allocation. The resolution instructs the planning office to credit the 44 units from the Alpina Haus back into the L-l, L-2 quota. Councilman Collins questioned whether the Alpina Haus had in fact been a lodge in the past years. Councilman Collins said some of the units at the Alpina Haus have in fact been employee units. Councilman Collins pointed out the Council is being asked to give 61 future years units plus the 44 credit from the Alpina Haus, which is a total of 105 units. Vann told Council of the 44 units at the Alpina Haus, three were deed restricted by the previous owner in satisfaction of the woodstone condominiumization. Vann said the city's ability to maintain that deed restriction is questionable. These three units do not exist because of the foreclosure. Vann told Council the city is requiring an additional three units from the Woodstone before any units can be sold, separate from this. Vann agreed the Alpina Haus has been both a lodge and a long-term accommodation. There are affidavits from the manager stating frequency of turnovers, and the staff was comfortable with the rezoning of this to L-3, although it was not. Vann said there would be an upgrade of the Alpina Haus plus a deed restriction on 44 units. Vann told Council in this case, 44 units would be added to the L-l, L-2 quota and 44 units would be debited from the residential quOtas. Mayor Stirling asked what the planning office is recommending as the most efficient way to deal with this. Vann said the applicant has the right to change the use under the Code, provided they have mitigated the impacts. This is eligible for an exemption from GMP for a change in use. Vann said the planning office feels the L-l, L-2 quota should be credited because If Council approves a project of this size, it reduces the impaCt on the growth rate in the L-l, L-2 district. Vann said the planning office and P & Z do not feel these 44 units should be wiped out as the short term accommodations report indicates the town needs limited expansion to provide the incentive for upgrading. Councilman Blomquist moved to approve section 1 of the resolution as written, striking from subsection 2 1984, 1985, and 1986 and on next page strike 3, 4, 5, 6, 7, and 8 from the numbered considerations; seconded by Councilman Collins. Councilman Blomquist said he is not in favor of giving future years quota and the rationales in subsection 2 do not become necessary. Councilman Blomquist said this would bring the number of units to 344 or 342. Mayor Stirling said he is not so concerned about the multi-year allocation but to reduce the mass and size of the project. The project now is much different from the original one, and adjustments have been made to the project and it is a much better project. Mayor Stirling said this is a unique situation; the site is a real mess. Mayor Stirling said the scale of the hotel has been reduced almost 100,000 square feet since COuncil first saw it. Mayor Stirling said if construction is begun on a timely basis, it won't be finiShed until 1986. The Council has persisted'in bringing this hotel to a reasonable size and has met the underlying FAR for the area. Mayor Stirling pointed out no one else is making applications for lodge rooms. Mayor Stirling said it is an economic decision for the applicants to decide how many rooms they need. Councilman Knecht said last week Council voted for a certain square footage regardless of the number of units. Councilman Knecht said there is not much value in having this area ripped up for three years. Councilman Collins said by right the appli- cant is entitled to 344 units, and Council is being asked to make a discretionary extra allotment of 105 units. Councilman Collins said most of the comments Council has received has been about the size of the facility. Councilman Collins said he feels every-!i one would like to see a first class project developed on this site. Councilman Collins said the Council was going to try to keep the application to the present ground rules in the area in terms of height, density, setbacks. Councilman Collins said one of the critical issues is the number of units. Councilman Collins said the applicants are asking for a 30 per cent increase in units over what is allowed by right. Councilman Collins said he would like to see this project started with what is allowed by right and defer some of the requested units. Councilman Collins said he would like to see the additional units be approved in the future; Council could see what the developer builds with the units by right. Councilman Collins said he would like a mechanism for the applicants to build additional units after the town has had an opportunity to see if they produce what the town wants and what the town can accommodate. Councilman Collins said he would like the motion amended to include his idea. Councilman Blomquist said the resolution should add a section about building units in the future. Also, the resolution should state this is not conceptual approval of the entire PUD. Councilman Blomquist said Councilman Collins idea should be a separate motion. Councilmembers Blomquist and Collins in favor; Councilmembers Walls, Knecht and Mayor Stirling opposed. Motion NOT carried. Councilman Knecht moved to accept section 1 as written; seconded by Councilwoman Walls. Mayor Stirling said the condition in the resolution about the lodge improvement district seems to be unrelated to the multi-year allocation and should be taken out. Mayor Stirling said number 7 about historical precedent is not necessary either. Vann said P & Z felt the applicant joining in the improvement district would benefit and offset the multi- year allocation. Mayor Stirling asked if the improvement district would happen simultane- ously with the proposed hotel. Jay Ham/~ond said yes, and the applicant has expressed the intention of cooperating with that plan. Councilman Knecht amended his motion to withdraw item ~7; seconded by Councilwoman Walls. Regular Meeting Aspen C~ty Councl± lv~a~ui~ Lo, ~o~ Mayor Stifling said this is a difficult decision; there is a point at which one must proceed. Mayor Stirling said the advantages of constructing this all at one time, the economic decision has to be left to the operator. Mayor stifling said the Council must not tamper too much with design, with who the operator is, and with the ways of financing this project. All in favor of the amendment, with the exception of Councilman Collins. Motion carried. Councilman Knecht moved to approve Section 1 with the elimination of ~7; seconded by Councilwoman Walls. All in favor, with the exception of Councilmembers Collins and Blomquist. Motion carried. Councilman Blomquist moved to remove section 2 from the resolution, which credits the 44 units at the Alpina Haus to the L-l, L-2 quota; seconded by Councilman Collins. Vann said the Council must give some direction to staff on which lodge quota these 44 units should be credited to. The P & Z recommended they be credited to the L-l, L-2 units. Vann pointed out by approving section 1, the Council granted this project sufficent quota to allow 447 units for the hotel. Vann said the staff would recommend to offset the 1985 and 1986 years, Council credit the 44 units back to L-l, L-2 to reduce impact on future years quota. All in favor, with the exception of Councilman Knecht and Mayor Stirling. Motion carried. Mayor Stirling said he feels this is a negative decision and perhaps Council could reconsider this at a later date. Councilman Collins agreed with this. Mayor Stirling said section 3 are the conditions from P & Z. Vann told Council ~1 about continuing exploring architecturei! is from the applicant's draft resolution of last week. Mayor Stirling said he would like this changed to read the applicant proposes to continue to explore the architectural treat-!! ment to the lodge building as well as other techniques to be used to. give the appearance that although under common ownership, there is more then one lodge facility on the site. All in favor of the change, with the exception of Councilmembers Knecht and Blomquist. Motion carried. Councilman Knecht moved to approve item 2 which outlines the size of the project on lot 1 and on lots 1, 2, 3, and 4; seconded by Councilwoman Walls. All in favor, with the exceptiDn of Councilmembers Blomquist and Collins. Motion carried. Councilman Knecht moved to approve item 3, which is the proposed height will not exceed 42 feet from natural grade to the mid-point of the roof, with the exception of elevator towers; seconded by Councilwoman Walls. All in favor, with the exception of Councilmembers Blomquiist and Collins. Motion carried. Mayor Stirling read number 4, which is the applicant's resolution about the fire departmenti!'s concern about accessibility of certain areas. Vann said this should be resolved prior to preliminary PUD. Councilman Blomquist moved to accept item 4; seconded by Councilman Knecht. All in favor, motion carried. Section 5 is the determination by the applicants of whether the view plane is affected or intrudes into the Wheeler Opera House view plane. Vann said at the time of this applica- tion, there was some question if the lodge intruded into the view plane. Vann said~there is no question this is in the view plane; however, everything above the Aspen Inn is in the Wheeler view plane. Vann said the applicant has submitted a request for view plane review. This will be reviewed at preliminary PUD. Vann said if the Wheeler view plane were strictly applied, no development on this site could occur and most of the projects in this area are in the view plane. Councilman Knehct moved to delete item 5; seconded by Councilwoman Walls. All in favor, motion carried. Number 6 concerns the traffic study. Vann said the applicants as part of the application did a traffic analysis for the entire PUD. The applicants have said the impacts would be minimum but proposed to take measures to further mitigate the impact. This ~6 asks the applicant to clarify which actions they will take. This will be reviewed as part of the preliminary PUD. Mayor Stirling said he would like an addition to this section that if Council grants less than 1:1 in parking, the applicant be required to participate in building some spaces in a city parking structure. Mayor Stirling said the TDA study shows the parking should be a .75:1, and he would like an addition the Council would ask the applicants to participate in a parking structure. Councilman Knecht said he would like these two issues to be separate. Mayor Stirling moved to approve 96 with the additional language about joining in a parking structure; seconded by Councilman Blomquist. Councilman Knecht said the hotel should be required to build the appropriate amount of parking spaces rather than making some deal. Councilwoman Walls said the applicants should be held to 1:1 parking requirement. Vann said the planning office has had problems with the 1:1 parking requirement for lodges because of the occupancy characteristics of lodges in Aspen. Vann said the planning office has evidence substantiating that this number is too high a requirement. The staff supports a reduction in the 1:1 parking requirement. John Doremus told Council the applicants spent money and time on a parking and traffic study. Doremus .said the applicants would like a chance to present the parking study and the parking analysis that is going on now. Doremus said there is no data anywhere which supports the 1:1 parking requirement. Doremus said the applicant would not propose to build this without providing for the real needs. _~egu±ar meeting ~spen Councilman Knecht said #6 requires written clarification about the written report of the TDA; it does not address the amount of parking. Alan Novak said he would like Council to hear the applicant's presentation on this issue because it is important. Novak said this will..be part of preliminary PUD. Mayor Stirling withdrew his motion. Mayor Stirling moved to delete item ~6; seconded by Councilman Blomquist. Vann pointed out the applicants would have no direction before going to P & Z. Vann suggested it would be more appropriate to hear the applicant's presentation prior to giving P & Z direction on the parking. Mayor Stirling moved to hear the parking presentation at the next meeting and withhold item, S6 until them; seconded by Councilman Knecht. All in favor, motion carried. Vann said ~7 is for P & Z's concern, similar to Council's that there is some value in the rights-of-way that the applicant is requesting being vacated. P & Z feels there are tradei offs and benefit accruing to the lodge district because of the applicant participating in the district. P & Z recommended the vacation be granted as long as there is clarification from the applicant on the extent of the benefits for the community prior to preliminary recommendations to Council. Vann said street vacations are done by ordinance, which require a public hearing at which time the information on this can be submitted to Councili Mayor Stirling suggested for this vacation that the applicant give money to the land fund or dedicate land on Durant street for open space to the city. Councilman Blomquist said the applicant should keep Dean as a private street so they maintain it. Councilman Knecht moved to approve item 97; seconded by Councilwoman Walls. All in favor, motion carried. Number 8 is the vacation of Dean is conditioned upon retaining utility rights. Councilman Knecht moved to approve #8; seconded by Councilwoman Walls. All in favor, motion carried. Number 9 is that all utility company will sign off on the proposed street vacation that the loss of the rights-of-way will not interfere with the utility's needs. Councilman Knecht moved to approve ~9; seconded by Councilwoman Walls. All in favor, motion carried. Number 10 is the applicant is to submit a detailed subdivision plat indicating the specific parcelling of the Aspen Mountain Lodge PUD site. Councilman Knecht moved to approve#10; seconded by Councilwoman Walls. All in favor, motion carried, Number 11 is the applicant submit an acceptable survey clarifying property descriptions. Councilman Knecht moved to approve ~11; seconded by Councilwoman Walls. All in favor, motion carried. Number 12 is the applicant resolving issues raised by the environmental health department in their October 22, 1983 memorandum. Councilman Blomquist moved to approve #12; seconded by Councilman Knecht. All in favor, motion carried. Number 13 is the reconstruction of existing lodge units being limited to 275 lodge units verified and accomplished within five years of the date of demolition and being restrictedl to the Aspen Mountain Lodge PUD site. Vann told Council the five year time limit and restricted to this site are Code requirements, which cannot be amended without modifying the Code. Councilman Blomquist moved to approve ~13 changing the five year provision to two years. Councilman Blomquist said he would like the applicant to waive the five year requirement to two years, otherwise they could dig a large hole and just leave it. Mayor Stirling said he would like to stay with the Code; there are other requirements which will help speed this process along. Councilman Knecht moved to approve ~13; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Blomquist. Motion carried. Number 14 is written clarification with intent to ownership of the proposed hotel; how the hotel will be managed. Vann said the applicants have stated they are considering several different mechanisms of financing the project. The P & Z would like specific information on this by preliminary PUD. Mayor Stirling said it is important for Council to understand how the financing will be structured and would like full disclosure of the details. Mayor Stirling asked if there will be a real estate transfer tax and in what situation will it be paid. Mayor Stirling asked if there are some forms of ownership which would preclude payment of the RETT. Vann said P & Z shares these concerns, and also put applicant on notice if the chose a condominium approach to make sure the project was not designed in such a way that P & Z would turn down the condominiumization. This condition is to get the city information they need to spell out everything that must be paid in the find PUD agreement. Mayor Stirling said if these are to be sold, he would like P & Z to analyze what affect this would have on the real estate market. Doremus said these units will not be sold through the real estate market; they are hotel rooms. Councilman Knecht moved to approve ~14; seconded by Councilman Blomquist. All in favor, motion carried. Number 15 the applicant continues to investigate solutions to the increased pedestrian congestion in the area. Councilman Knecht moved to approve ~15; seconded by Councilwoman Walls. All in favor, mo~ion carried. Number 16 is the applicant's participation in the CCLC lodge district. Councilman Knecht moved to approve #16; seconded by Councilman Collins. Mayor Stirling suggested there may be some way the applicant can get benefit from the city'i!s bonding. Each condominium association in the area may want the same benefit. Vann said in the applicant's draft resolution, they propose to work with the city to explore finan- cing mechanisms and other areas of cooperation to make this project work. All in favor, motion carried. Number 17 is all material representations of the applicant's growth management, conceptual PUD subdivision applications be made conditions of this approval. Councilman Blomquist moved to approve ~17; seconded by Councilwoman Walls. All in favor, motion carried. Number 18 is the Council's expiration conceptual PUD approval pursuant to 24-8.8 of the Code, if a preliminary application is not submitted within six months of this resolution. Vann said this is a Code requirement and is included in this resolution to put the applicants on notice. Councilman Knecht moved to approve ~18; seconded by Councilwoman Walls. All in favor, motion carried. Number 19 is the above conditions being met prior to preliminary PUD subdivision approval. Councilman Knecht moved to approve #19; seconded by Councilwoman Walls. All in favor, motion carried. Mayor Stirling asked about the employee housing. Vann said this issue was tracking with the PUD until a dispute about the size of the hotel arose. The employee housing number is directly related to the size of hotel approved. This was tabled before P & Z and they will now take up this issue. Councilwoman Walls said she wants it made clear that employeel housing in Basalt is not agreeable; it should be within the Aspen neighborhood. Councilmanl Blomquist agreed. Councilman Blomquist moved to add a section saying all the above are contingent upon successful completion of the entire PUD review and conceputal approval by Council of the total PUD. Councilman Blomquist moved to add as ~20 "all of the above are contingent upon successful completion of the entire PUD review and conceptual approval by Council of the entire PUD. seconded by Councilman Collins. Councilman Blomquist said it would be a mistake to approve this piecemeal. Councilman Blomquist said he would like to see the rest of the PUD and vote. Vann said the Council is reserving the right to amend these conditions are appropriate. All in favor, with the exception of Councilman Knecht. Motion carried. Vann told Council the intent of section 4 is to recognize there are other aspects of the hotel that have been tabled by P & Z and action still has to be tabled. Vann said that sections 1 through 3 do not imply the rest of the issues have been dealt with. Mayor Stirling said condition ~20 does what section 4 also does. Mayor Stirling moved to delete section 4; seconded by Councilman Blomquist. All in favor, motion carried. Mayor Stirling moved Council accept conceptual approval based on this discussion subject to reviewing the modifications in the resolution; seconded by Councilman Blomquist. All in favor, with the exception of Councilmembers Blomquist and Collins. Motion carried. Council requested a parking presentation at the next meeting. ORDINANCE ~4, SERIES OF 1984 - Dog ordinance Mayor Stirling opened the public hearing. Mayor Stirling said this is a difficult issue and as Aspen is a town, there has to be some monitoring guidelines about dogs. Mayor Stirling said dogs are felt to be part of people's families. Mayor Stirling said people are being bothered and harassed by dogs, wildlife has been attacked, people have been attacked. The current dog ordinance says dogs must remain on the property. The problem is that dogs will go off the property in pursuit of dogs, cats and people. Mayor Stirling said with the ~isting ordinance, the animal control department hands are tied and people are being threatened. Mayor Stirling said with a stricter ordinance, it will reduce complaints about dogs. Mayor Stirling said the proposed change will control dogs on or off the property. On the property, dogs will be controlled by fence or by tethering the dogs. Mayor Stirling said the proposed change will assist in protecting people, it will reduce the trash problems in alleys, and will reduce animal controls work. Mayor Stirling said people have suggested dogs be under "voice control" on the property. Mayor Stirling said not all dogs can be contrOlled by voice control. Mayor Stirling said he has talked_to some dogs trainers who have told him fewer than 50 dogs a year attend obediance classes. Mayor Stirling said dogs should not be given the opportunity to hassle people. Mayor Stirling said people who jog are harassed by dogs daily. People have the right not to be harassed on public rights-of-ways. Lisa Russell, animal control director, told Council this is a beginning. The animal control department needs more staff to e~force dog ordinances. Peggy Stevens, owner of five dogs, told Council she approves this ordinance. Ms. Stevens said she cannot control the dogs at all times with voice control. Ms. Stevens asked how people playing with their dogs would be dealt with. Kay said she runs everyday and everyday she has encounters with! 4 or 5 dogs and is afraid of being attacked by dogs. Hildur Anderson asked why the current ordinance is not being enforced and why aren't bothersome dogs being picked up. Lisa Russell said their priorities are dogs running at large and causing problems. The animal control department does not have enough manpower to cover the entire county all the time. ~egu±ar Meeting Aspen C~ty Council March 26, 1984 Hildur Anderson said if this ordinances passes, she will be subject to fines if her dog is just sitting on the porch. Tom Fisher said this ordinance would put animal control in an untenable position; they will constantly be in conflict with people who have not fenced or tethered their dog. Fisher said some people may not want to destroy the aesthetiCs of their house by fencing around their house. Fisher pointed out because of snow depths, the fences will have to be 6 feet high. Fisher said the problem is not with tighter regulation but with better enforcement, and to work with the courts so there is a clearly defined, mandatory fine. Mayor Stirling agreed the fines do need to be addressed. Fisher said the regulations on the books are adequate if they are properly enforced and animal control should have more staff. Mayor Stirling said this ordinance puts more teeth into the regulations for people who are not controlling their dogs. Steve Shubert, director of the animal pound, told Council over the last 6 six, 50 per cent of the cases in Municipal Court has been dog running at large cases. Shubert said the law as written does not aide the animal control officer. Shubert said this ordinance is more clearly defining the law and not have the judge and court arguing about voice command and where a property boundary is. Mayor Stirling said he is open to finding out if more animal control staff is needed. Hans Gramiger maintained to tell a dog owner his dog must be confined would be unconstitutional. Gramiger said this ordinance is punishing a lot of responsible dog owners because of some non-responsible dog owners. Bil Dunaway said any one who walks the streets of Aspen know there are dogs running at large and they are coming off private property. Dunaway said these dogs have to be controlled. Mary McCarten, who lives in the west end, said the only fear they have is that the dogs own the west end at night. Ms. McCarten said she is for any improved restriction for dog control. Mary Brown said she was attacked by dogs a month ago, and it was a terrible experience. Ms. Brown said she is a dog owner but there has to be stricter control over dogs. Tom Cardamone said the animal control officers ought to be able to use their discretion about well-behaved dogs and other. But the animal control department should have the strength of the law to deal with problem dogs. Gideon Kaufman said it does not make a difference what dog ordinances are on the books unless the city has enough staff to enforce the laws. David Guinee, animal control department, said the department does not have enough staff to enforce the laws. Guinee said he feels dogs on private property should be at least with an owner. People do enjoy playing with dogs on their property. Art Hartsell, anima~il trainer, saod he feels if there is a problem dog, it is because of a problem owner. The owners should be educated about the responsibility of owning a dog. Crayton Burkholder said dogs can be well boundary trained and there are tricks and training for this. Burkholder said it is wrong to set up laws that punish people who take care of their animals. Burkholder said he would like to see the animal control department have more staff and have Council encourage the courts to be stricter, especially on repeat offenders!. Shubert said dogs should not be allowed to run at large in the Community. Shubert said this ordinance is not punishing good dogs but to clear up an ambiguous situation. Councilman Blomquist said the way the current ordinance reads is more acceptable. Councilman Blomquist said the city should deal with the problem owners. Councilman Blomquist said the city needs more officers for enforcement and he would like to see an increase in staff. Councilman Blomquist said requiring fences will cost property owners money for surveys and construction. Councilman Blomquist recommended a study of the laws the city has, how to get at the problem dogs and owners, and look at the courts, and appropriate necessary money to have an extra animal control officer. Councilman Blomquist moved to deny Ordinance #4, Series of 1984; have a study of the effective areas of the ordinance that might be amended to get at problem dogs, problem owners, and problems judges; increased the budget of animal control to include a new officer; Councilman Knecht asked that the animal control officer come back with a propose!d budget for Council to vote on; Councilman Blomquist aneded his motion to reflect this; seconded by Councilwoman Walls. All in favor, with the exception of Mayor Stirling. Motion carried. TIMESHARING Acting City Manager Ron Mitchell said the staff is in the process of reviewing some taxing mechanisms and see how they are accepted in the hotel industry. Councilman Blomquist mOved to table this issue for two weeks; seconded by Councilman Mayor Stirling said this has been put off a long time. The moratorium is running out, and Council has promised they would get on with this issue. Councilman Blomquist said this is a tax on timeshare, not timesharing. Andy Hecht said the Aspen Mountain Lodge has taken a lot of time, but this issue has been tabled 7 times. All in favor, with the exception of Councilman Knecht and Mayor Stirling. Motion carried. Gideon Kaufman said there is a difference between the timeshare ordinance, which is a land use matter and a tax. Kaufman said it is important for Council to deal with this and not keep putting it off. SMUGGLER ANNEXATION PETITION City Attorney Taddune told Council last week attorneys presented this issue to former Chief Judge of the Colorado Supreme Court Pringle. Taddune said the Judge agreed that these issues are difficult and gave a mixed opinion. Taddune said everyone agreed if the petition were circulated properly, these issues could have been avoided. 3684 Regular Meeting Aspen City Council March 26, 1984 Taddune said if the annexation petition is being submitted with the intent of stopping the i phase IV project, that is @ poor tactic. Taddune said another issue of a resolution passe~i by Council many years ago has come up, and the staff is researching the East Aspen additioN,. Taddune said the requirement in the annexation act is a very technical one. Taddune said the Judge agreed the law is difficult to interpret. Andre Relmon said he feels the statute~ is clear that one cannot count the signatures of phase II that have been opposed. Taddune said all the lawyers agreed the practical solution would be for Council to find no sub- stantial compliance and have the petitioners remedy the defect. Reimon said it is his s~rong position that the Council cannot find substantial compliance with the requirements of the state statute. Taddune recommended the city direct the petitioners to obtain more signatures not in phase II. Mayor Stirling said the petitioners have left Council in an awkward position, and they have not been present at the Council meetings. Mayor Stirling moved to ask the petitioners to recirculate and move beyond phase II and come up with a substantial number of electors and resubmit it to Council and City Attorney Taddune giving them clear guidelines; seconded by Councilman Knecht. All in favor, motion carried. McARTHUR DUPLEX Acting City Manager Ron Mitchell said the staff has come to a negotiated price, and are recommending the cash purchase price of $198,000. This is based on the evaluation of the cost certificate and a square footage comparison. The purchase price is $198,000 and McArthur will make a donation of $36,273 to come up with the appreciated value of $234,273. Mitchell told Council he has talked to the school board, who has voted to find housing for the superintendent and they may be interested in this unit. Councilman Knecht moved to approve the purchase of the McClung house of $198,000 cash and to negotiate with the school board; seconded by Councilman Blomquist. All in favor, motion~ carried. CONSENT AGENDA Councilwoman Walls moved to approve the consen~ agenda; seconded by Councilman Knecht. The consent agenda is Resolution ~10,1984 Temporary Municipal Judge; and Board of Adjustment Appointment - Josephine Mann. All in favor, motion carried. Councilman Knecht moved to adjourn at 9:05 p.m.; seconded by Councilwoman Walls. All in favor, motion carried. Kathryn ~. Koch, City Clerk