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HomeMy WebLinkAboutminutes.council.19761108Special Meeting u .......... Reso. ~20 There was a~motion by Councilman Behrendt to adopt Resolution ~20 as read, seconded by 1976 C0uncilm&n Behrendt. All in favor, motion carried. Councilman Behrendt moved to adjourn at 5:35, seconded by Councilwoman Johnston. All in favor, motion carried. Ellen L. Atkins, Deputy City Clerk Regular Meeting Aspen City Council November 8, 1976 Mayor Standley called the meeting to order at 5:10 p.m. with Councilmembers Behrendt, Johnston, Parry, Pedersen, City Manager Mahoney, and City Attorney Stuller present. Commissioners Shellman and Edwards were present. 1. Communications Budget Proposal. George Ochs reported that the Chief of Police, Under- sheriff, City Manager, and he had met to go over the costs of communications, because the County had budgetted $40,000, and the City was asking for $55,000. H. J. Stalf had Communications done a cost analysis on what the services actually costs. This cost analysis came up Budget with a reduction in the total budget from $124,000 to $113,150. Ochs told the Commissioners and Council that his recommendation, after read~ng~'th~rstudy, would be that the County add $9900 to the communications budget, and recreate the commun~ cations agreement making it more specific and detailed. The agreement should provide for a complete merger of the city and county communications for 1977. Councilwoman Johnston pointed out she felt the mag card was an unnecessary expense and not needed. Councilwoman Johnston suggested selling the mag card and buying a correctin¢ typewriter and small Xerox machine for the communications center. Council and Commis,~ ,~ sioners agreed that the mag card should be taken out of the communications center. The money could be used for a typewriter and Xerox machine. Commissioner Edwards moved to approve the budget for communications, striking the mag card; seconded by Councilwoman Johnston. Commissioner Shellman stated he would vote against this as far as the County is concernef Shellman stated he felt this is an area that will probably have to be separately managed.! This department just keeps growing; Shellman stated he felt the County was not getting $50,000 out of it. Councilman De Gregorio came in. All in favor, with the exception of Commissioner Shellman. Motion carried. ~ ~· Commissioner Edwards suggested that the city and county should begin the~planning proces~ for the joint City/County jail facility. This may be a number of years off, but the ~ planning should get started. The Commissioners and Council asked the police chief and sheriff to undertake that investigation. 2. Highway 82 - Carbondale/Basalt. Planner Bill Kane told Commissioners and Council he and George Ochs had evaluated the four lane proposal in the EIS statement and feel that it is incomplete. The highway was only evaluated from Carbondale to Aspen. The Highway 82 effects on Aspen have not been considered. This highway would require that Aspen build a ten million dollar parking structure. Kane pointed out that this EIS does not identif~ larger concerns in planning; it is not comprehensive in that it will affect every aspect of life ~n Aspen. Kane and Ochs feel the EIS deficient in a number of areas. Ochs stated the criticism of the EIS is not all negative; he and Kane did prepare a joint transportation proposal between the highway department and all the towns in the valley. The local governments and the states shoul~ work together to upgrade the exist- ing highway. With this response to the EIS, a positive solution for the interim psriod has been offered. Commissioner Kinsley moved that the Chairman and Mayor be authorized to sign this letter Kinsley stated this is the most comprehensive statement of policy on the highway; seconded by Councilwoman Pedersen. Ail in favor, motion carried. 3. San Juan Bus transfer lease to Continental. Mayor Standley asked the Commissioners if they had any objection to the City transferring the lease from San Juan to Continental. Shellman stated there would be a net gain in having Continental as they will come straig~ ~an Juan bus to Aspen and one will not have to transfer in Glenwood Springs. Shellman said he could lease see no obstacle. 4. Cultural Facilities Board. Mayor Standley pointed out that a representative to this board from the wilderness workshop or ETF had not been appointed. Council and Commissio~ ers agreed one should be. John Stanford will make the appointment. COUNCIL MEETING ACCOUNTS PAYABLE Councilwoman Pedersen moved to approve accounts payable; seconded by Councilman De Gregorio. Ail in favor, motion carried. ~j CITIZEN PARTICIPATION 1. Phil Sullivan offered the people of the community a reasonable form of transportatioI other than using their automobiles. Sullivan suggested that during the summer, spring ~axi service and fall, the taxi company has 15 to 20 taxis that are not being used. Sullivan pro- dial-a-ride posed using Mellow Yellow cabs in a dUal-a-ride system for a trial period. Sullivan told Council that before he went to the PUC to ask permission, he would like to have the support of the City. Councilman Behrendt moved to act on the idea and ask the City Manager and Transportation Director to look into it and report back to Council; seconded by Councilwoman Johnston. All in favor, motion carried. 2. Susan O'Neil told Council that young children need a crossing guard to get across School highway 82 near the Villas. Ms. O'Neill stated she heard it was a possibility that a senior citizen might be hired. Mayor Standley stated this was a responsibility of the crossing school board and should be addressed to them. This is not a function of the City police guard department. Mayor Standley recommended that City Manager Mahoney get with the school board. COUNCILMEMBER COMMENTS 1. Councilwoman Johnston suggested that whenever City employees go to a school or con- ference, they should prepare a written report. Mayor Standley stated he had more faith in the City's personnel and felt this was not worthwhile. Councilman De Gregorio said he thought it was a good idea, but the report should be made to the administrative level, not Council level. Rio Grande 2. Councilwoman Johnston said that the City should require that all employees park at parking the Rio Grande parking lot. Mayor Standley agreed. 3. Councilwoman Pedersen asked about the fluoridation program. City Manager Mahoney answered that it is being maintained at its present level. Tom Dunlop, sanitarian, told Fluoridation Council that the City's present system can handle the fluoridation,~treatment chemicals except in the summer when the water consumption is too high. The dental community is in favor of continuing the fluoridation pr~ram. Dunlop recommended that another chemical feature either be purchased to work in conjunction with the existing one, or that the City modify the existing feature. 4. Councilman Parry asked if the City had budgeted for a custodfan for the Wheeler Opera House now that the City had taken it over. City Manager Mahoney answered yes, one had been budgeted for 1977, and there is an agreement with Mrs. Tharp to do it until then. 5. Mayor Standley extended thanks to Stogie and the electric department for getting 35 blocks of utilities undergrounded. There is not a wire to be seen in town. Maddalone and his department did a super job in putting the undergrounding program together. STUDENT COMMENTS There were none. Werner Kuster (.Citizen Participation) told Council he felt they should take a second Rubey park look at taking the parking out of Rubey Park. That parking is essential to the Red Onion and the ski shops on Cooper and Mill. Kuster stated there has to be some type of parking in that part of town. RIVERVIEW CONDOMINIUMS - Request for Encroachment Riverview Councilwoman Pedersen moved to table this item as it is not complete; seconded by Council- Condos woman Johnston. All in favor, motion carried. WEST END TRAFFIC PLAN West End Councilwoman Pedersen moved to put west end traffic plan on the agenda; seconded by traffic Councilwoman Johnston. All in favor, motion carried. plan Mayor Standley told Council there had been a meeting between the Mayor, City Manager, planning department and residents of the west end to try and resolve the traffic problem. The purpose of this meeting was to deal with a problem that is neighborhood specific. The plan that came out of the meeting is (1) remove existing barriers at all streets in the west end (2) allow westbound traffic to exit on Hallam street but prevent highway 82 traffic from entering at Hallam (3) place stop signs to exit westbound traffic on alternate blocks of Hallam and bleeker (4) place stop signs to all north/South traffic on numbered streets at Hallam (5) place a no left turn sign to southbound highway 82 traffic on 7th at Bleeker (6) place a sign reading no truck traffic at all numbered streets along Main street (7) prevent traffic from turning onto Bleeker from Mill by placing no turn signs (8) place a planter in the center of Bleeker at the Monarch intersection (9) provide a left turn lane and a left turn sign to eastbound Highway 82 traffic at Eighth street (10) request the elementary school to have a crossing guard at Bleeker street in the vicinity of the school (11) implement a traffic monitoring program (12) request highway department to put left turn arrow on the stop light at Aspen and Main. The traffic fl~w will be monitored on all streets in the west end. Bleeker and Hallam should carry more traffic as they are better built streets. Mayor Standley told Council this proposal was a distillation of the thoughts of all the people involved. This would be a viable solution to implement for the winter, and it will not unnecessarily impact anyone. Councilman De Gregorio moved to approve the plan for the winter; seconded by Councilwoman Pedersen. Councilman Parry stated he felt it was important to be able to get off Mill street at Bleeker during the winter because the cars do back up. Councilman Behrendt asked that added to number 10 should be a crossing guard monitor also at 7th and Highway 82. This was added to the west end circulation plan. , All in favor, motion carried. ~I PINOCCHIO'S - Hearing for a beer & wine license Mayor Standley opsned the public hearing. The city clerk reported the file to be in order as well as the posting and publication. Pinocchio's Ron Austin, representing the applicants, told Council that the Certificate of Incorporatio ~wo-way license was not in the file but was being forwarded from the State. Austin stated that Pinocchio' has been in business in the same location for 16 years and has been licensed as a 3.2 beer outlet. The business is being remodeled and expanded. Austin told Council that this has not been a 3.2 beer drinking establishment per se; it has become a family restaurant. The applicants have circulated a petition and obtained 693 signature, most of which were residents. There are only eight other outlets that have beer~and wine licenses. The menu at Pinocchio'-s will be the same. Austin stated in a resort community, visitors wans, desire, and therefore need, with good meals, an opportunity to order wine with their dinners. This will not be creating a totally new outlet in the community. Mayor Standley asked for opponents. There were none. Mayor Standley closed the public hearing. Councilwoman Johnston moved that the Council, having determined that the reasonable requirements of the neighborhood have no~ been met, nor the desires of the inhabitants; -and that the applicants are of good financial and moral character, would like to approve a two-way liquor license for Pinocchio's; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~57, SERIES OF 1976 - Historic Designation of Co~ley Residence )rd. 57 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed H designation the public hearing. Cooley Councilman Behrendt moved to read Ordinance #57, Series of 1976; seconded by Councilwoman Johnston. All in favor, motion carrisd. ORDINANCE ~57 (.Series of 1976) AN ORDINANCE DESIGNATING THE COOLEY RESIDENCE (LOTS C AND D OF BLOCK 59, ~ ORIGINAL ASPEN TOWNSITE) AS AN HISTORIC STRUCTURE AND SITE PURUSANT TO ARTICLE IX OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk Councilwoman Johnston moved to adopt on secon dreading Ordinance ~57, Series of 1976; seconded by Councilman De Gregorio. Roll call vote; Councitmembers Johnston; aye; De Gregorio, aye; Parry, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~65, SERIES OF 1976 - Bus lease Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Ord. 65 bus lease Councilwoman Johnston moved to read Ordinance #65, Series of 1976; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE a65 (Series of 1976) AN ORDINANCE RATIFYING A CERTAIN LEASE OPTION AGREEMENT BETWEEN THE CITY OF ASPEN AND ELDER/QUINN & McGILL, INC., PROVIDING FOR THE INSTALLMENT PURCHASE BY THE CITY OF SIX BLUE BIRD BUSES OVER A PERIOD OF SIXTY MONTHS WITH QUARTERLY PAYMENTS OF $12,695.22 EACH, ALL AS MORE SPECIFICALLY PROVIDED HEREIN was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #65, Series of 1976, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~63, SERIES OF 1976 Park Dedication fees Mayor Standley opened the public hearing. City Attorney Stuller told Council there were Ord. 63 four changes from the first reading; (1) the five year cut off period had been deleted, Park dedica- (2) the multiplier for single family and duplex had been changed, (3) the phrase "moderate tion fees income" housing had been added, and (4) 20-18 recognizes off-sets for existing structures. ~" Hal Clark, planning office, submitted a chart ~o Council to explain the changes in Ordinance #63. First, the old formula was hard to understand. The new ordinance shows the formula and gives an example~ For remodeling a building, people will just be charged ~ for additional bedrooms. The ad valorem tax is deducted from the dedication fee. Dedi- cation fees may now be paid in installments. Council has the ability to waive or reduce the fee for moderate income housing projects with an approved housing plan. This will be on a case by case basis. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance #63, Series of 1976; seconded by Councilwoma] Johnston. All 'in favor, motion carried. ORDINANCE #63 [Series of 1976) AN ORDINANCE REPEALING AND RE-ENACTING SECTIONS 7-143 AND 20-18 OF THE ASPEN MUNICIPAL CODE; WHICH SECTIONS, AS AMENDED, IMPOSE A PARK DEDICATION FEE ON THE CONSTRUCTION OF NEW RESIDENTIAL AND COMMERCIAL STRUCTURES WITHIN THE CITY AND ON THE SUBDIVISION OF LAND AND CONDOMINIUMIZATION OF STRUCTURES WITHIN THE CITY OF ASPEN; WHICH SECTIONS FURTHER ESTABLISH FOP~4ULAS FOR CALCULATING THE REQUIRED FEES, PROVIDE FOR OFF-SETS AGAINST THE FEES (IN THE CASE OF STRUCTURES EXISTING ON THE DATE OF THIS ORDINANCE), EARMARK FEE PROCEEDS FOR THE ACQUISITION OF PARK AND RECREATION LANDS (OR CAPITAL IMPROVEMENTS THERETOI, AUTHORIZE THE DIRECTOR OF FINANCE TO PERMIT COLLECTION IN INSTALLMENTS, ALLOW THE COUNCIL TO EXEMPT MODERATE INCOME HOUSING PROJECTS FROM PARK DEDICATION FEES, AND DECLARE THAT THESE FEES CONSTITUTE A LIEN ON THE PROPERTY ON WHICH THEY ARE IMPOSED was ready by the city clerk. Councilwoman Pedersen moved to adopt Ordinance 963, Series of 1976, on second reading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Pedersen, aye; Johnston, aye; De Gregorio, aye; Behrendt, aye; Parry, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Rubey Park. City Manager Mahoney presented to Council a plan he would undertake on Rubey park his own, which is to close Rubey Park to facilitate the buses. Mahoney stated there will parking be four City bus routes, the County will have at least two; ski Corp is operating 18 for buses buses, and Highlands will be operating 8 buses. This will be not only a space problem but an access problem as well. The purpose of the bus system is to be reliable and responsive. Mahoney said he could appreciate Werner Kuster's comments earlier about parking for merchants, but the City needs space for 6 to 8 buses in Rubey Park. There is too much congestion in that area. People who need to park should park at the Rio Grande. Mahoney stated he would like to initiate this plan on Thanksgiving, and will do it under his own aegis. Councilman De Gregorio asked what the situation at the Little Nell parking lot will be. Mahoney answeredit would be the same as last year; the Ski Corp will let the City enforce one or two hour parking. The parking shuttle will start at 7:30 a.m. from the Rio Grande and will use the light at Mill and Main. At 9:30 a.m. the route will be expanded to take in the post office and City Market. Councilman Behrendt stated he thought Mahoney should do this plan. Councilman Behrendt suggested angle parking on the south side of Wagner Park on Durant and across from Rubey Park. Fifteen minute parking on the west side of Mill street next to Wagner Park was suggested. Councilman Parry pointed out that the buses need to turn around there, and need a space for holding. Mahoney said he would prefer to have 8 to 10 high turn over parking spaces in Rubey Park. Councilwoman Pederser said this type of parking needs more enforcement. Councilwoman Johnston suggested having a transportation coordinator for parking and to get people on the right bus. Mahoney outlined his recommendation; find angle parking on Durant street to increase the parking; use Little Nell parking; use Rubey Park for bus loading. After 5:00 p.m. people would be able to park in Rubey Park. 2. San Juan Lease. Mahoney told Council he had been contacted by Art Daily about the lease the City has with San Juan. This is a ground lease; the City is presently getting $75 per month. The lease can be terminated within 90 days. San Juan wants to sell to San Juan Continental Trailways. Mahoney had asked Daily if the bus company would allow the bus lease employment office to use the facilities. Mahoney stated he thought they would do that. Mahoney suggested a lease price of $125 per month. Councilwoman Pedersen moved to transfer the lease from San Juan to Continental Trailways and increase the rent to $125 per month and that the emploiyment office will also be housed there; seconded by Councilman De Gregorio. All in favor, with the exception of Councilman Behrendt. Motion Carried. ORDINANCE 964, SERIES OF 1976 Holy Cross Franchise City Attorney Stuller told Council that the service area is still not defined. Her Ord. 64 suggestion was to read it on first reading and hold the second reading until Holy Cross Holy Cross agrees to the agreement and the City has the service area defined. Mayor Standley franchise pointed out that the City had taken this question to the voters with a given set of assumptions and were ratified by the voters. The City has got an obligation to these voters. Mayor Standley reminded Council of the thorought investigation done on purchasin¢ Holy Cross, condemning it, or having a franchise. Councilwoman Pedersen moved to read Ordinance 964, Series of 1976; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE ~64 (.Series of 1976) AN ORDINANCE GRANTING A FRANCHISE BY THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, TO HOLY CROSS ELECTRIC ASSOCATION, INC., ITS SUCCESSORS AND ASSIGNS, TO LOCATE, BUILD, CONSTRUCT, ACQUIRE, PURCHASE, MAINTAIN AND OPERATE INTO, WITHIN AND THROUGH A PORTION OF THE CITY OF ASPEN HEREIN DESCRIBED, ALL NECESSARY NEEDFUL AND CONVENIENT POLES, POLE LINES, POSTS, WIRES, TRANSFORMERS, GUY POSTS AND GUY WIRES, APPARATUS, APPLIANCES AND WORKS, FOR THE PURCHASE, GENERATION, TRANSMISSION AND DISTRIBUTION OF ELECTRICAL ENERGY, AND TO FURNISH, SELL AND DISTRIBUTE SAID ELECTRICAL ENERGY TO THE INHABITANTS OF A PORTION OF THE CITY OF ASPEN HEREIN DESCRIBED, FOR LIGHT, HEAT AND POWER OR OTHER PURPOSES BY MEANS OF CONDUITS, CABLES, POLES AND WIRES STRUNG THEREON, OR OTHERWISE, ON, OVER, UNDER, ALONG, ACROSS AND THROUGH ALL STREETS, ALLEYS, VIADUCTS, BRIDGES, ROADS, LANES AND OTHER PUBLIiC WAYS AND PLACES IN SAID CITY OF ASPEN, AND FIXING THE TERMS AND CONDITIONS THEREOF was read by the city clerk. Councilman Behrendt moved to adopt Ordinance ~64, Series of 1976, on first reading; seconded by Councilman De Gregorlo. Roll call vote; Councilmembers Pedersen, aye; Parry, aye; Johnston, aye; De Gregorio, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. AMBULANCE AGREEMENT City Attorney Stuller told Council they had been asked to ratify an agreement and the figures were incorrect. This changes the figures. Ambulance Agreement Councilman Behrendt moved to ratify the ambulance agreement; seconded by Councilwoman revisited Pedersen. All in favor, motion carried. ORDINANCE ~66, SERIES OF 1976 - Amending Commercial/Lodge allowable Height Mayor Standley pointed out this ordinance reduces the height from 40 feet to 28 feet in the C/L zone. Hal Clark told Council the only C/L zone was directly south of Rubey Park. Ord. 66 C/L zone Councilwoman Pedersen moved to read Ordinance ~66, Series of 1976; seconded by Councilwomar height Johnston. All in favor, motion carried. ORDINANCE #66 (Series of 1976) AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE ASPEN ZONING CODE AFFECTING THE COMMERCIAL LODGE (CL) ZONE DISTRICT; MORE PARTICULARLY REDUCING THE ALLOWABLE HEIGHT FROM 40 FEET TO 28 FEET (32 FEET BY SPECIAL REVIEW) AND ELIMINATING THE OFF STREET PARKING REQUIREMENTS WITHIN THIS DISTRICT was read by the city clerk. Councilman De Gregorio moved to adopt Ordinance 966, Series of 1976, on first reading; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, nay; Pedersen, aye; Mayor Standley, aye. Motion carried. ORDINANCE #67, SERIES OF 1976 - Mandatory Drainage Systems City Manager Mahoney told Council this would help clear up the problem of collection of Ord. 67 ice on buildings in the alleys. Mayor Standley stated if this ordinance would not take Mandatory care of the build up of ice on the alleys, he did not want to consider it. Drainage Systems Councilman Behrendt moved to table this until the administration can come up with a better solution; Motion dies for lack of a second Councilwoman Pedersen ~v~d not to readOrdinance #67, Series of 1976; seconded by Councilman Behrendt. All in favor,with the exception of Councilmembers Parry and De Gregorio. Motiol carried. ORDINANCE #68, SERIES OF 1976 This ordinance would permit people who are driving injured or ill people to medical facilities on the mall. This also increases City Manager's authority on the two alleys Ord. 68 in the mall. P~ohibiting vehicle Councilman Behrendt moved to read Ordinance ~68, Series of 1976; seconded by Councilwoman traffic Pedersen. All in favor, motion carried, alleys 88 and 89 ORDINANCE :68 (Series of 1976) AN ORDINANCE REPEALING AND REENACTING SUBSECTIONS (a) AND (b) OF SECTION 22-12.1 OF THE ASPEN MUNICIPAL CODE: WHICH AMENDMENTS PROHIBIT VEHICULAR TRAFFIC IN ALLEYS 88 AND 89 EXCEPT BY PERMIT ISSUED BY THE CITY MANAGER OR IN CASE OF EMERGENCIES was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #68, Series of 1976, on first reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, aye; Pedersen, aye; Parry, aye; Johnston, aye; Mayor Standley, aye. Motion carried. MINIMUM STREAM FLOW City Attorney Stuller told Council that the Colorado Water Conservation Board is making Minimum applications for minimum stream flows that affect the City's water rights. John Musick stream is making two requests. (~1) Whether the City is interested in participating in all the flow cases to protect the City's rights and ~2) Whether the City wants to give Musick the application authority to engage in loans to the CWCB to allow them to use the City's unused water rights. Ms. Stuller stated she would like to do this only if the City can assert minimum stream rights ourselves by next spring. Mayor Standley stated he would like a cost estimate on involvement in cases that are directly adjacent to the City's water right:. Ms. Stuller pointed out that the assignment of water rights is good for the city; it will provide minimum stream flows within the area, and will preserve the City's beneficial use rights. Councilwoman Pedersen moved to ratify the agreement between the City of Aspen and the Colorado Water Conservation Board; se conded by Councilman Parry. All in favor, motion carried. MAYOR'S DEEDS 1. Baltizar. Leonard Oates told Council this parcel of property abuts the townsite line Mayor's and laps into ~he East Aspen townsite. The property was purchased by Baltizar a long Deeds time ago; there was an error in the spelling of the last name of the grantee. The owners Baliizar always believed they were joint tenants, but had tenancy in common. These deeds are to correct that error. City Attorney Stuller told Council Mayor Standley needed authori- zation to execute two deeds, and for a correction in the Mayor's deed. Councilwoman Pedersen moved to authorize Mayor Standley to execute both deeds on behalf of the City; seconded by Councilman Parry. All in favor, motion carried. Waddington 2. Waddington. Councilwoman Pedersen moved to approve the Mayor's Deed to Waddington, and to authorize Mayor Standley to sign it; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE ~69, SERIES OF 1976 - Rezoning Alpine Acres Councilman De Gregorio moved to add Creative Mountain Development to the agenda; seconded Ord. 69 by Councilwoman Pedersen. All in favor, motion carried. Rezonlng Alpine Leonard Oates told Council this was the last step of annexing Alpine Acres into the City. Acres The application for annexation has been condiHioned upon the property obtaining R-15 zoning. The P & Z has approved that zoning designation for the five lots of approximatel 15,000 square feet. Three lots are already improved with existing duplexes. The owner intends to build duplex structures upon the other two lots, which will completely build out the subdivision. This property is surrounded by high density zoning. Planner Bill Kane told Council the planning office was pleased about the requested R-15 zone designation, rather than R/MF. Kane stated the residents of this area would like to see more controls over the buildings. Kane stated the planning office recommends against PUD zoning because the PUD was designed for sites that have unique topographic problems. Mayor Standley stated there was some concern from the people that live out there. Perhaps a neighborhood sociological character should also be considered in a PUD. Oates stated this was the last undeveloped parcel in the neighborhood. Oates pointed out that the developer had committed to bury the utility lines in the area and to install $10,000 worth of landscaping. City Attorney Stuller told Council that a PUD allows the City to look at the slope, the soil stability, water pressure, open space. The personal views of adjacent landowners is not provided for in the code. A mandatory PUD requires a full subdivision hearing. Councilman De Gregorio moved to read Ordinance ~69, Series of 1976; seconded by Council- woman Pedersen. All in favor, with the exception of Ceuncilmembers Johnston and Behrendt Motion carried. ORDINANCE 969 (Series of 1976) AN ORDINANCE ZONING BLOCK 1 OF THE ALPINE ACRES SUBDIVISION TO R-15, WHICH LAND HAS RECENTLY BEEN ANNEXED TO THE CITY OF ASPEN PURSUANT TO ORDINANCE NO. 33, SERIES OF 1976, AND THE COLORADO MUNICIPAL ANNEXATION ACT was ready by the city clerk. Councilman Parry moved to adopt Ordinance #69, Series of 1976, on first reading; seconded by Councilwoman Pedersen. Mayor Standley said he would ra~her not see this ordinance get to a public hearing, but to defeat it and recommend that the subdivision be brought in as a mandatory PUD. The value of a PUD is the discussions and concessions. Councilwoman Johnston stated she had problems with anything leading to growth. There is already a traffic problem in this area. Roll call vo~e; Councilmembers Behrendt, nay; De Gregorio, aye; Johnston, nay; Parry, aye; Pedersen, aye; Mayor Standley, nay. Motion NOT carried. Councilman Behrendt moved to recommend this be redrafted as R-15 PUD; motion dies for lack of a second. City Attorney Stuller told Council this annexation was condition upon obtaining R-15 zoning. The applicant may withdraw the annexation. Councilwoman Pedersen moved to table Ordinance #69, Series of 1976; seconded by Council- man De Gregorio. All in favor, with the exception of Councilwoman Johnston. Motion carried. CREATIVE MOUNTAIN DEVELOPMENT - Subdivision Exemption Brooke Peterson told Council this was an application on Riverside Drive for a subdivision Creative exemption. Nick Coates told Council that through a misunderstanding, the units were Mountain buil~; the subdivision fee was paid; Coates assumed that was the subdivision exemption. Development Coates stated this had been through P & Z and had received their approval. Subdivision exemption Councilman Behrendt moved to approve the exemption; seconded by Councilman Parry. Tom Marshall, resident on Riverside Drive, submitted a petition for the record with the signatures of 28 property owners or residents in the area who are opposed, not to the condominium, but to the fact that it will be short term rental. The concern of the people in the area is that they have no control whatsoever over short term rentals. This area has been a working class district with long term residents. Mayor Standley stated that the Council tried to impose rental restrictions in the R-6 and R-15 zone districts a-year ago. This is one area that hasn't yet changed from residential to short terming. Mayor Standley said he would like to have Council take a look at rental restrictions to see if they can be implemented. Right now, the City does not have the mechanics to enforce rental restrictions. Councilwoman Johnston stated that any steps to preserve a residential area is very much to her liking. Councilman Behrendt withdrew his motion to approve. Councilwoman Johnston moved to table this item; seconded by Councilwoman Pedersen. All in favor, with the exception of Councilman De Gregorio. ORDINANCE ~70, SERIES OF 1976 - Rezoning Trueman Property Bill Kane told Council the major item of this is a deferral of any consideration of lot 2 for the post office. This will rezone 8 acres specially planned area. Kane stated Ord. 70 the planning office was suggesting proceeding on this development in individual parts. Rezoning Trueman Councilman De Gregorio moved to read Ordinance ~70, Series of 1976; seconded by Council- Property .woman Pedersen. All in favor, motion carried. ORDINANCE #70 (Series of 1976) AN ORDINANCE REZONING THE APPROXIMATELY 8 ACRES HWNED BY JAMES R. TRUEMAN AND ASSOCIATES ACCORDING TO AN APPROVED SPECIALLY PLANNED AREA MASTERPLAN FOR THE SITE: THE ELEMENTS OF WHICH MASTERPLAN WILL CONSTITUTE THE DEVELOPMENT REGULATIONS FOR THE AREA, ALL AS PROVIDED BY ARTICLE VII OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk. Councilman De Gregorio moved to adopt Ordinance ~70, Series of 1976, on first reading; seconded by Councilwoman Ped~rsen. Roll call vote; Councilmembers Pedersen, aye; Johnston, aye; De Gregorio, aye; Behrendt, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE #71, SERIES OF 1976 Repealing Section 22'14 Councilwoman Johnston moved to read Ordinance #71, Series of 1976; seconded by Council- Ord. 71 man Behrendt. All in favor, motion carried. Repealing ORDINANCE #71 Sec. 22-14 (iSeries of 1976) AN ORDINANCE REPEALING SECTION 22-14 OF THE ASPEN MUNICIPAL CODE wHICH SECTION INCLUDES A PENALTY ASSESSMENT SCHEDULE AND ~STABLISHES PROCEDURES FOR ENEQRCEMENT OF TRAFFIC VIOLATIONS was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance 971, Series of 1976, on first reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Behrendt, aye; Parry, aye; De Gregorio, aye; Johnston, aye; Pedersen, aye; Mayor Standley, aye. Motion carrie( ORDINANCE ~72, SERIES OF 1976 Prohibiting dogs in Mall area Councilwoman Pedersen moved to read Ordinance ~72, Series of 1976; seconded by Councilman Ord. 72 Behrendt. All in favor, motion carried. Prohibiting ORDINANCE 972 dogs in mall (S~ries of 1976~ AN ORDINANCE AMENDING THE DOG CONTROL CODE OF THE CITY OF ASPEN BY THE ADDITION OF SECTION 5-38~iTHERETO WHICH SAID SECTION MAKES IT UNLAWFUL TO BRING OR TETHER ANY DOG IN ANY PEDESTRIAN MALL AREA (i AS NOW EXISTS OR MAY BE EXPANDED) AND IMPOSING A PENALTY ASSESSMENT THEREFORE IN THE AMOUNT OF TWENTY DOLLARS was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #72, Series of 1976, on first reading; seconded by Councilwoman Johnston. 2113 Regular Meeting Aspen City Council November 8, 1976 Councilwoman Johnston stated she would like to see the ordinance amended to say that seeing eye dogs are not excluded. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, nay; Johnston, aye; Parry, nay, Pedersen, aye; Mayor Standley, aye. Motion carried. Councilwoman Pedersen moved to adjourn at 8:45 p.m.; seconded by Councilman De Gregorio. All in favor, motion carried. Kathr~n S. Hauter, City Clerk