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HomeMy WebLinkAboutminutes.council.19711018Resular Meetin~ Aspen city Council. October 18, 1971 Meeting was called to order by Mayor Eve Homeyer at 4115 p.m. with Councilmen Scott Nystror Ross Griffin, Ramona Markalunas, Francis Whitaker, City Manager: Leon Wurl and City Attorne Albert Kern. Councilman Nystrom moved to approve the minutes of October 4th as prepared and mailed by Minutes the City Clerk. Seconded by Councilman Whi.taker. Ail in favor, motion carried. Councilmen William Comcowich and.Jack ~alls arrived. Alley Vacation Request, Block 37 - Mr.,Nick Coates was present on the request. City Manage Alley Vacation Wurl submitted to Council the reports of the Fire Chief, City Engineer and Planner as per Request, Council's request at the last meeting. Block 37 Concern was raised and City Attorney commented the transaction could permit the use of the alley and restrict that use to landscaping only. Counc$1ma~ Nystrom moved to vacate the alley as requested subject to recommendations of th~ City Attorney and the City Attorney be author%zed to prepare the necessary ordinance. S~cnnded~by Councilman Griffin. City Attorney Kern statad the ordinance should also include a provision,.for emergency vehicles and the land could be used only for landscaping, no buildings. Council request Mr. Coates bear the expenses involved. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Hyman Street Access - Mr. Nick Coates request permission to landscape the area next to Hyman Street the Roaring Fork River-and East Hyman Street. No~ requesting a vacation of the street. City Engineer's memo was submitted stating he recommends ~pproval of this request; do not envision a bridge in this location - only a foot bridge sometime in the future. Councilman Griffin moved to accept the plan as submitted. Seconded by CoUncilman Whitaker. Roll call vote - Councilmen· Whitaker aye; Walls aye; Markalunas aye; Griffin aye,' Com- cowich aye; Nystrom ~ye~.Mayor Homeyer~.aye. Motion carried. ~. . . ~ Hoag Subdivision -.City/County Planner,~er~ Bartel, reported all ~the conditions of the Hoag Subdivision Planning and Zoning Commission with the exception of consideration of Ute Cemetery have been met by the applicant, Mr. James Blanning, and are outlined on 'the final~subdivision plat submitted. City Attorney Kern request the transfer, of the Cemetery to the City be by a bargain and sale rather ~than a quit claim deed. Mr. Blanning stated he had no ~objection. Mr. Blanning stated the yording is on the plat as relates to sewer and water connections and there is a 10' reserved strip along the road that can be deeded to the City at such time as required. Mr. Barrel pointed out the County Commissioners have expressed concern on the location of the fence. The County Commissioners say the fence should be moved back to its original location. Mr. Blanning stated he had mo~ed the fence so that~it was located along the boundary line. Councilman Whitaker moved to give final approval of the subdivision plat conditional upon a deed of the Cemetery to the City to be prepared by the City Attorney. Seconded by Councilman Comcowich. Roll call vote ~- Councilman Comcowich aye; Walls aye; Whitaker aye; Nystrom aye; Ma~kalunas aye; Griffin aye; Mayor Homeyer aye. Motion carried. 1221 R~!~r M~e~ng Aspen.~C~t~_~0~n.~i! ..... ~ October 18, 1971 '~i_.~? Aspen Aspen Block Request - Architect for the stairway etc. to be located 4' into the property ~ Block of the City (alley) submitted detailed drawings. Building Inpsector has reviewed the Request request and willing to issue a permit upon Council approval. The new construction wilt not intrude into the alley any further than at p~esent. Councilman Comcowich stated he felt this would set a precedent for further requests until it will be at the point that trucks will not be able to utilize the alleys. Feel these requests should be reviewed by the Council and presented by the applicant bas:ed on the same criteria used by the Board of Zoning Adjustment for variances. Councilman Whitaker stated he disagreed with t'his procedure, this is an existing situation and there are mmny of the same all over town. It was pointed out to put the staircase inside, would decrease space in the kitchen of ~ Andre's of Aspen. Staircase is necessary to utilize the commercial space in the basement. Councilman Comcowich moved that the applicant be asked to have this application judged on the same basis as the Board of Adjustment in making their determination and the applicant meet at least one of the four criteria. Seconded by Councilman Markalunas. Roll call vote Councilmen Nystrom aye; ComcowiCh ayel Griffin aye; Markalunas aye; Walls nay; Whitaker~ nay; Mayor Homeyer nay. Motion carried. '~ A~dre's of Andre's of Aspen - Beer, Wine and Spirituous Liquor License Application - City Attorney Aspen - Liquor Kern reported this application is for a beer, wine and spirituous liquor license, presently License Appli? in effect a beer and wine license. The application is complete. cation Mayor. Homeyer opened the public hearing. Applicants Stephen Price and Andre Ulrych were present. Mr. Price stated they have been in operation a little over a year. The basis for this reqa~t.is to better serve the needs of the community. (1) Las~ gall opened a night operation which became successful; (2) Had certain problems With a night operation and not being able to serve a cocktail or brandy following dinners and cannot obtain an extended hours license with.a beer and wine license; (3) Do not have enough space to accomodate the people who are waiting for dinner. Have been able to secure the space next to Andre's to the north and desire to install an antique bar which has been purchased. Pe~i~ion was submitted bearing 102 signatures. Mr. Price stated he felt the operation is in an excellent location feel they have demonstrated that the restaurant has served the tourists and locals; people have asked for drinks and feel would be serving a slef generated need. Survey map depicting the present licenses and types of licenses was submitted: 31 Beer, Wine and Spirituous Liquor Licenses :'2 Beer, Wine and Liquor Club Licenses 4 Beer and Wine Licenses 3 Liquor Licensed Drug Stores 3 Packaged Liquor Stores 1 3.2 Beer - Restaurant 1 3.2 Beer - Packaged Mayor ~Homeyer stated a year.ago~Andre's said they would not have a bar, just a restaurant operation. Now they are a~Ring for this. Mr. Price stated the cocktails and brandy became a need based on requests. Councilman Whitaker stated he was concerned about the health.and sanitation violations which were outlined by the sanitarian. Mr. Price stated the sanitarian has been in the restaurant quite a bit lately and the violations are less, feel the sanitarian is satisfie~ the oldness of the building has caused some of the violations, building is in the process of being renovated, and the building will be brought up to cdde. Mr.~Jim Gibbons of ~e Blue Moose was present and stated he felt there was a moratorium on licenses last year. Feel Council will have to put a stop to issuing additional licenses feel the needs have been met. Last year five restaurants went under. With a permanent population of say 3,000 to~.3,500 and with 45 restaurants that woUld mean one restaurant for every 78 people during the off season. During the peak season would memn 333 people per restaurant based on 15,000 populatiOn. Council talked abOut a liquor board and feel this is a good thing. CitY Attorney Kern stated the City cannot set a moratorium but has to review each app- lication~and base their decision on the needs of the r~ighborhood. M~yor Homeyer reported with a liquor board, the Council would still have to consider each application. C~uncilman Walls stated the State said it was illegal to gear the number of licenses to a population figure. 1222 Regular Meeting ....... Aspen City_CoU~ci~ Octpber !8, !971 ~ Mayor Homeyer closed the public hearing. Council agreed to meet in study session with the applicant and sanitarian to review the violations. City Market, Inc. - Application submitted for a retail 3.2 beer license. City Market, Inc. City Attorney Kern reported the file meets all legal requirements. 3.2 Beer License Application Mayor Homey~r opened the public hearing, and survey map as outlined above was submitted as evidence. Attorney Bill Nelson was present representing City Markets, Inc, and gave the background as follows: City Market, Inc. is an independent chain of stores operating on the wsstern slope. City Markets, Inc. was purchased by Dillon Inc. a few years ago, after that City Markets, Inc. continued as a wholly owned subsidiary, it purchased all the stock of Alpine Market, Inc. Ail three all still in existence. City Markets, Inc. is one of the two full line grocery stores on the western sloPe. Mr. Prinster, President of City Market #16, was present and stated all City Market wants to do is to provide a total marketing service to the community. A 3.2 beer license would round this out. Purchasing beer in the grocery stores is pretty much accepted, have licens at Basalt and Rifle. Want to provide a service to the community from those buying dog f~d to gourmet food. Mr. Dean Hed. ges, Manager of City Market #16, was present and presented to Council short hand pads with signatures of people who were in favor of the issuance of the license. Stated these were by the check out couters exactly one week ago,did not do much soliciting, just let people ask,~With a 3.2 beer license this will be a little more income to the City. Judged by Baslat think about $50.00 a week as an average over a year. During the off season do not get many requests since the local people are aware that a license does not exist. During the tourist season hear requestS about once a week. A market' survey was submitted~to Council and Council reviewed the statistics in the file with Mr. Grinnel, hired by City Markets, Inc. Mr. Grinnel pointed out City Market has $189,000 taxable sales a month. Tom's Market is closed on Sundays and also Pinocchio's. About 70% of the. grocery shopping is done at City Market and they are inconvenieced because they~cannot buy their beer at the same time. City Market has plenty of parking, whihh Tom's Market does not have. Pinocchio's caters to the young people and is a restaurant. Mr. Nelson pointed out be decisions of the Supreme Court it is not pertinent to relate anot.her 3.2 license to other licenses. Council must consider only the application in mmking judgment. As shown by the number of names on the petition, many people deSire to buy their beverages at the same time as shopping for groceries. Mrs. Sommers of the Vagabond says her guests have difficulty on Sundays in buying beer. Mr. Helmig of the Aspen Square was present and stated they have condominiums where people can cook,and when they do their shopping they would like to be able to buy beer at the same time. Most peopl~ do not have cars and City Market is convenient to them. Mr. Helmig stated he preferred 3.2 beer because he does not get as sleepy. Mr. Nelson pointed out if this license is granted, it will be the only license of this type that is not in the commercial core. The curb cuts and planters mentioned a year ago will be done this next spring. Mayor Homeyer Closed the public hearing. Councilman Comcowich moved~that based on the evidence presented by City Markets, Inc. at the Public hearing at the City Hall, City of Aspen relating to the application for a 3.2 beer license for sale by the package only, the City Council finds that the needs of the~ community have not been met and the license as appliced for is hereby granted. Seconded by Councilman Markalunas. Roll call vote - Councilmen Nystrom~aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Mayor Homeyer opened the public hearing of AF zoned districts. AF Zoned Districts City/County Planner, Herbl~Bartel, stated the Planning and Zoning Commission has reviewed the AF district and recommend it as an addition to the zoning ordinance. The district is modeled after the County's AF district. Would like to add a provision for AF-PUD_ under the PUD amendment. Certain uses are outlined in the ordhance which should be reviewed and requiring approval by the Board of Adjustment. Mayor Homeyer closed the public hearing. ---o .......... ~ n~peL~ uzn¥ uouncli October 18~ 1971 Circulation Mayor Homeyer opened the public hearing on an amendment to the Master Plan Circulation Plan Plan. Mr. Barrel explained the Planning and Zoning Commission has taken the 1966 Circulation Plan from the General Plan and reviewed with one purpose in mind and that was to up-date it in the areas that were operational changes so that when the Transportation ConsUltant. gets to that part he will have an up to date starting point. The areas were outlined by Mr. Barrel on the map submitted. Area below the courthouse showing an extension of Spring Street going through behind the bus depot, across the railroad crossing~ across the river and tieing into the road to the hospital~ This would be a corridor only. Next addition is extension of Galena meeting up with Spring Street and Mill Street. Discussed the hospital area and added a new street between Gibson over the the hospital road. Another addition is some t~ansition from the highway over to Neal Or Gibson on the east ~end of town. Ute Avenue extension was shown on the plat because there is a request to close the section of Ute Avenue in front of the Alps. Planning and Zoning commission recommends that this not be vacated and any construction should be at the expense of the Aspen Alps. Ski Corp- oration has sent a ~tter accepting a cul-de-sac~ Also Sh6~n on.the map, extension of Hill Street between Monarch and Aspen. Planning and Zoning Commission discussed distribution and need for traffic to go toward the mountain, felt a road might-Of-way corridor should be shown. Mayor Homeyer closed the public hearing. Councilman Whitaker moved to authorize the City Attorney'to prepare the~necessary papers for adoption of the amendment. Seconded bY Councilman Walls. Ail in favor, motion carried. Ordinance #i Ordinance #27, Series of 1971 - Mayor Homeyer opened the public hearing. There being no Repealing comments, Mayor Homeyer closed the public hearing. Leash Law Councilman Griffin' moved to read Ordinance #27, Series of 1971 .on second reading, Seconded by Councilman Comcowich,.All in favor, motion carried. ORDINANCE #27, SERIES OF 1971, AN ORDINANCE REPEALING ORDINANCE~NO. 20, (SERIES OF 1971), REQUIRING DOGS TO BE ONE LEASHES WITHIN THE CITY OF ASPEN was read by title only by the City Clerk. Councilman Comcowich moved to adopt Ordinance #27,. Series of 1971 on second reading and order the same published as fixed by Council. Seconded by Councilman Walls. Roll call vo~e - ~ouncilmen Nystrom aye; ComcoWich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Ordinance #29 Ordinance #29, Series of 1971 ~Mayor Hom~yer oPened~the public'hearing,~ Leash Law Dr. John Schmidt was present representing the other veternarians in the area, ~ay Parker, Dog Catcher and Impound Keeper, Lo~ Albright. Submitted 8 suggestions as amendments to Ordinance #29 which were revi~ewed by Council. Number 1 relating to the inSertion of the words "for the health, safety and well-being of ~he dogs." Number 2~ Council agreed to change the wording from reasonable control to positive Control. Number 3, Council agreed the leash control would remain as outlined in Ordinance #29 including the Commercial zones, AR zones and all Parks. NUmers 4 through 8 COuncil agreed to amend the ordinance to include such items as: definition of leash, length of leash~ requirement of dogs on leash within 100 yamds of~a public gathering, more stringent regulations regarding the keeping~of bitches while they are in-heat, a~d mandatory confinement of animals which are 'known to have bitten people. RalPh Brender stated he did~not know Why the dogs should be leashed in the AR zone and~ parks.wh~e there a~e ~no large concentrations of people. Feel the Council~is in line for another petition. M~yor Homeyer CloSed the Public hearing, council agreed to table consideration of the ordinance until the amendments have.been made by the City Attorney for second reading. Zoline Annexation Councilman Jack Walls left Council Chambers. Zoline Ann~ation Mr. Joseph Zoline and~Mr.~Robert~Sterling were~present. Mr. Zoline gave the background on the property as follows: land was purchased in 1955 by Mr. Zoline at which time the prop- erty was an active working ranch. The ranch has continued in operation up until about 2 or 3 years ago when the caretaker of the property, because of age, was no longer able to handle ranch work. Since that time the land has been leased out f~r grazing of cattle to local ranchers. The stock of the ranch has been sold. In deciding what to do with the ranch, considered the surrounding uses of park Meadows, tennis club, ~o~agrante, Holiday ~eguzar meeuz~ ~ ~ Inn, etc. Filed an application with the County for AR-2 zoning and the County made it clear that this was unsatisfactory type zoning for this area. Discussed this with Mr. Bartel, Planner, and changed the application from AR~2 to R-15 with cluste~ development as permitted in the County. Wanted to reserve the open space of about 80 acres in the south half of the ranch. Came up with condominium apartments that would be near the Park Meadows. These were to be aboqt 20 unit condominium apartments density under R-15 with bonus for cluster that would result in 312 units. CoMnty Planning and Zoning Commission rejected the application but they never formally notified M~. Zoline of why. Assumed the application was turned down because the density was too high and the north portion was not included. To preserve the open space considered a 3 par golf course. About this time the City purchased the golf course which is adjacent and felt perhaps the City might want to option to buy or could lease to the City at a nominal cost the open space for extension of the~City golf course. At this time requested the County Planning and Zoning not present the application to the County Commissioners. Retained planners at this time of Walls and Sterling to prepare a plan for the area. Plan includes patio houses, one story with individual patio's. Each home would contain about 1600 square feet with patios of 30~ x 30' and would sell for between $35,000 to $45,000. Th~ is a need that is not presently being fulfilled. Accepted the planner's recommendations and submitted petition for annex- ation. In discussions with the City Planning and Zoning Commission the question was raised why Mr. Zoline did not include the north half of the property. The reason for not in- cluding it at this time was because there were no plans for this section other than to · d leave it as it presently stands. Felt someday the Zoli~e chzldren woul want to build homes on this section of the land. The Planning and Zoning Commission at one of their meetins requested to include the north portion in the application. Question was raised if this north portion could be put into the ~pplication under R-30 and what would be binding on the applicant. R-30 is what is outlined in the Master Plan for this land. By zoning this section R-~0 under PUD nothing Could be built upon the land without the approval of the City Council and City Planning and Zoning Commission~ Contacted the City Attorney who stated this would be binding upon ~r. Zoline. Althought this would be l~ally binding stil~ willing to do so because have no intentions to utilize the property other than as outlined Mr. Bob Sterling stated there would be 90 units in each parcel which ~ somewhat less density than R-30. The entire project would be constructed in phases beginning the first ~group of 26 units, entire project would take about 5 to 6 ygars. Mr. Zoline stated ~the first cluster of 26 units would be built closest to the highway and if sold would continue with another 26 and so on. Mr. Ster%ing stated Mr. Zoline has offered to lease to the City over a 20 year period for a nominal fee the open space in the~south portion. Lease would include an option to pur- chase. Or if the City does not desire the open space it would be held in perpitutity by the people who live there. Mr. Bartel pointed out as a condition to annexation, the Planning and Zoning CQmmission request Mr. Zoline donate the land to the City all in one piece all at one time. City would gain 45 to 50 acres of open space. Mr. Zoline stated he desires this to remain as open space, perhaps a golf course e by the City, but will not donate it to the City for what ~he City might want to use it for. A golf course would be compatible to the surrounding property owners. City could lease it for a $1~00 a year'for 20 years with an option and utilize the open space for a golf course. The option could be exercised at anytime during the 20 year period. Without irrigating'the land it does not stay green and if a golf course were constructed it wo~ld be green. Councilman Whitaker stated he was concerned ~bout high density going on the other side of the golf course and Maroon~Creek. Mr. Bartel stated that if it was not the intent of the community to have this density in this area, then the Master Plan should have been changed. The City is being pretty arb- itrary if they say it remains AF when the Master plan says R-30. Planning and Zoning Commission now recommends AF zoning on the north portion. The R-30 would permit 2.9 singl~ family dwellings peracre, the plan as submitted shows 2.3 dwellings per acre. Mr. Zoline pointed out if the City did lease the open space, the City would be obligated for maintenance. If the land is hgld in perpitutity, horse trails, tennis courts etc. would probably be constructed. Councilman Comcowich stated in the spirit of PUD be would like to see the open space held in open space rather than under ownership of the City. Mr..Zoline stated he would accept an amendment to the petition eliminating the City coming in on the open space. Councilman Comcowich questioned access to the~highway. Mr. Sterling reported there will be acceleration and deceleration !ane~ and two accesses to the highway. I225 Regular Meeting Aspen City Council October 18, 1971 z~line Mr. Zoline stated if the City rejects this application, he would attemp~to go back and Annexation try with the. County. After going back and. forth with th~ Planning and Zoning on the North portion, would be reluctant to exclude the north portion. Councilman Whitaker stated if the north portion of 100 acres comes in under R-30 PUD, a plan should be submitted first. Connie Harvey was present to object to the density. Stated not all adjacent property is commercial use. Like the_ idea of cluster development, open space, PUD and because of these things it's good for the builder and for the City in providing services. Zoline has 76 acres which gives him 38 sites under present zoning. If the City approves this zoning he would have 180 dwelling units. Zoline has been to the County and AR zoning would have given him 312 units. He is down from that bu~ the County has a type of PUD which Mr. Zoline has not tried to get.~That would allow an extra 33% increase in density over the present. If you project the R-30 density over the 104 acres that would give him about 300 additiona houses. If you took 4 people per unit projected that towards a maximum under AF zoning, that would be a total of 720 people. With R-30 would be 1,968 people. The Master Plan was projected over a 20 year period, the plan was a sketch then and should be changed as the needs change. If the City annexes to the Airport, the next guy will ask for a zoning chang, this will set a precedent. Understand this annexation does not have the 1/6th contiguious border, Feel the AF PUD would be more appropriate. Mrs. C~udill questioned if the City wants this t~mendous density out towards the airport. City Attorney Kern stated there is nothing in the law itself that relates to using the highway as a part of the 1/6th contiguity. Will research further. City. Manager Wurl reported without the highway would not have enough for the total 180 acres but would have 1/6th for the 80 acres. Council agreed to.take this up at the adjourned meeting. Councilman Jack Walls returned to Council Chambers. Happy Happy Hearth Inn - Mr. Hines was present and submitted proposed purchase and sale contract Hearth Inn Mr.'Hines request the Council consider this within the next few days so that the pre- liminary construction can be accomplished prior to the busy season City Attorney Kern reported the Council has to agree to accept the agreement to agree that covers the repairs and maintenance. Councilman Comcowich moved that the City accept the liability contingent upon the contract for sale. Seconded by C~uncilman Nystrom. Rotl call vote -' Councilmen Nystrom aye; Com- cowich aye; Griffin aye; Markalunas nay; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Auditors Auditors - City Manager Wurl infdrmed Council in order to made~a change ~he Council would have to sever ties with the present auditors. Councilman Comcowich moved to sever ties with Dan Handy and Associates. Seconded by Councilman Walls. Roll call vote - Councilmen Whitaker nay; Walls aye; Markalunas nay; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Budget and Budget and Capital Improvements Program.- Mayor Homeyer opened the public hearing. Capital Improw ments Program City Manager Wurl submitted the latest compilation of the budgets, revenues and expend- itures. Mr. Wurl read the City Manager's budget message. Councilman Comcowich stated if revenues do come in would like to see some money go towards capital improvements. Mayor Homeyer closed the public hearing. Resolution #21 Resolution #21, Series of 1971 was re~.d in full by the City Clerk. (See Resolution File) Councilman Walls moved to adopt Resolution #21, Series of 1971. Seconded by Councilm~n Whitaker. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin aye Comcowicb aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Accounts Councilman Griffin moved to approve the accounts payable as presented. Seconded by Payable Councilman Whitaker. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. 1226 Regular Meeting ~. Aspen City Council October 18, 1971 Councilmmn Griffin moved to adjourn this meeting to Wednesday, October 20th at 5:00 p.m., seconded by Councilman Markalunas. All in favor, meeting adjourned at~9:00 p.m. ~ : k---~/Lorraine Graves, City Clerk Adjourned Meeting : - Aspen .City Council · October 20, 1971 Meeting was called to order by Mayor Eve Homeyer at 5:00 p.m.. with Councilmen Scott Nystrom, William Comcowich, Ross Griffin, Ramona Markalunas, Jack Walls, Francis Whitaker and City Attorney Albert Kern. Ordinance #30, Series of 1971 - Ordinance #30 AF Zoned District Councilman Walls left Council Chambers. Councilman Whitaker moved to read Ordinance #30, Series of 1971 on first reading. Seconded by Councilman Griffin. Ail in fair, motion carried. ORDINANCE #30, SERIES OF 1970, AN ORDINA'NCE AMENDING SECTION 8, CHAPTER 1. OF T. ITLE XI. OF THE MUNICIPAL CODE OF THE CITY OF A~N ENTITLED "PARK" TO INCLUDE PROVISION FOR AF-AR- RICULTURAL FORESTRY ZONED DISTRICTS was read by title only hy the City Clerk. Councilman Comcowich moved to adopt Ordinance #30, Series of 1971 on first reading. Seconded by Councilman Whitaker. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; WhitaRer aye; Mayor Homeyer aye. Motion carried. Ordinance #25, Series of 1971 - Mayor Homeyer opened the public hearing. Ordinance amended Ordinance #25 to include AF-PUD, PUD Mayor Homeyer closed the public hearing. Councilman Griffin moved, to read Ordinance #25, Series of 1971 on second reading. Seconded by Councilman Comcowich. Ail in favor, motion carried. ORDINANCE #25, SERIES OF 1971, AN ORDINANCE AMENDING TITLE XI OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY ADDING SECTION 11 OF CHAPTER 1, ENTITLED "PUD PLANNED UNIT DEVELOP- MENT"~ PROVIDING FOR THE ESTABLISHMENT~OF RESIDENTIAL PLANNED UNIT DEVELOPMENT (R-PUD DISTRICT); REPEALING AND DELETING R-PC RESIDENTIAL PLANNED COMMUNITY COMBINING AREA DIS, TRICTS FROM SUBSECT~ION (A) OF SECTION 3~ CHAPTER 1 OF TITLE XI, AND REPEALING SUBSECTION (D) OF SECTION 5, CHAPTER 1 OF TITLE XI, AND REPEALING PARAGRAPHS 2 AND 3 OF SUBSECTION (B) OF SECTION 9, CHAPTER 1 OF TITLE XI, RELATING TO THE FORMATION OF R-PC PLANNED COM- MUNITY COMBING AREA DISTRICTS was read by title only by the City Clerk. Councilman Nystrom moved to adopt on second reading Ordinance #25, Series of 1971. Seconded by Councilman Griffin. Roll call vote- Councilmen Whitaker aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Ordinance #28, Series of 1971 - Mayor Homeyer opened the public hearing. There being no Ordinance #28 comments, Mayor Homeyer closed the public hearing. Fothergill/ Cutting Councilman Whitaker moved to read Ordinance #28, Series of 1971 on second reading. Annexation Seconded by Councilman Markalunas. Ail in favor, motion carried. Zoning ORDINANCE #28, SERIES. OF 1971 AN ORDINANCE AMENDING ZONING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO, DATED MARCH 6, 1967 TO PROVIDE ZONING FOR THE AREA ANNEXED TO THE CITYOF ASPEN, COLORADO, BY ORDINANCE NO. 15, SERIES OF 1971 was read by title only by the City Clerk. COuncilman Comcowich~ moved to adopt Ordinance #28, Series of 1971 on second reading. Seconded by Councilman Whitaker. Roll call vote - Councilmen Nystrom aye; Whitaker aye; Comcowich aye; Markalunas aye; Griffin. aye; Mayor Nomeyer aye. Motion carried. Ordinance #29 tabled to next regular meeting. Recodification of Municipal Code - Ci~ty Attorney Kern reported the three advance copies Recodification of the code have been received plus the adopting ordinance draft, Codifiers need an Df Municipal effective dare.in order to begin the printing of the code. Code Council agreed to consider the ordinance at the November 8th meeting and establish January 1, 1972 as the effective date. Ad3~urned~Meeti~.g Aspen City Council October 20~ 1971 City-Attorney Kern reported the suit filed against the Board of Adjustment has been dis- missed (Loughran) also the restraining order.against the City by Sy Kelly was dissolved by.the court. i Zoline Zoline Annexation - City Manager Wurl reported he bad talked to Attorney charles Howe who ' Annexation had helped in drafting the annexation bill and based upon one district court decision and also due to there being only one land owner to be annexed feel the City should go ahead and consider the highway as a part of the 1/6th contiguity. City Manager Wurl submitted a map and stated the Engineering Department has checked out th~ 1/6th contiguity of the south portion and this is confirmed as To meeting the requirements Mr. Bartel, City/County Planner, stated he had no disagreement with the amendment to the petition. Also mentioned the Planning and Zoning Commission has approyed the PUD on the south portion. Connie Harvey stated she was concerned about those people that might be surrounded by annexed City land. Manager Wqrl stated he had.talked to Mr. Howe about this and the people who are in the area to be annexed and those people who would be in an enclave or those that the City could unilaterally annex are the only people who would have a say in a court case.. ~ . Councilmmn Whitaker pointed out under present County zoning Mr. Zoline would be allowed 76 units, now asking for 180 and R-30 zoning without PUD would be allowed 228 units. Councilman Whitaker questioned if R-30 zoning is shown in the Master Plan, how legally binding is this. Mr. Bartel stated he felt that if Mr. Zoline could demonstrate a need for what is proposed and that it would not.~create a hardship.on the~City, he woutd~stand'a pretty good chance in court~ Connie Harvey stated she bad researched ~he Master Plan and if you took the population figures envisioned for 1985 in this high density area, it would be about 12,000 permanent residents and'23,000 visitor population. Also if zoning were carried out as shown in the plan the City would have 35,000 permanent residents and about 70,000 visitors totalling about 100,000 people. Councilman Nystrom moved to ask Mr. Zoline to submit an amended peition and the City would look at this~favorably. SEconded by councilman Griffin. Council indicated they would like to see the open space held in perpituity but also leave an option open to the City. Roll call vote - 'Councilmen Nystr'om aye; Comcowich aye; Griffin aye;' Ma~kalunas aye; Whitaker aye; Mayor Homeyer ~y~. Motion carried. Councilman Jack Walls returned to Council Chambers. Andre's of Andre's of Aspen - Council met in executive session. Aspen Coun~ii ~eturned to adjourned session. Airport Water Airport Water Line W Manager Wurl submitted memorandum outlining the problemsohave been Line corrected as relates to the backfill. Highway Request Highway Requests - Manager Wurl submitted copies of the meeting date when the Cit~ will submit their requests. Planner will submit requests at the next meeting for Council con- sideration. Leasing No. 1 Leasing No. 1 Lift Building - Manager Wurl reported the Ski Copporation would like to Lift Building lease the last half of November and the month of December a small portion of the building Council stated they approved on a no charge basis. Happy Hearth Happy Hearth Inn - City Manager Wurl stated he and City Attorney Kern had reviewed the Inn proposed agreement and it will need a major over-haul, not ready to submit at this time. School School Crossing - Planner Bartel stated he had met with the State Highway Engineer and Crossing have requested special marking at the school crossing on Main Street on a testing basis. ~'~ State Engineer gave his approval and stated this could be done at the expense of the City. Manager Wurl reported in Municipal Court recently it was pointed out the City school crossing signs are illegal. Legal requirem~nt~is an over-head light. Manager Wurl recommen~ and urged the City CounCil to approve an over-head school crossing light. 1228 Adjou~ned~Meeting A~pen City Council 0c~ober 20:1971 ~ Councilman Whitaker moved that the City submit a request tha~ proper school signal be School installed. Seconded by Councilman Markalunas. Roll call vote - Councilmen Nystrom aye; Crossing Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Horse Sleigh - Mr. Wurl stated sometime ago Hitch Rack Stables requested permission to Horse use the City streets this win, ter for horse drawn sleighs. Request was checked with the Sleigh PUC and this would not come under the PUC regulations. Questions were raised as to sufficient liability insurance and revocable permit if all ordinances are not obeyed. Councilman Griffin Moved to give permission for the issuance of a permit on the conditions as questioned above. Seconded by Councilman Walls. All in favor, motion carried.~ Theatre Canopy - Main Street - Manager Wurl submitted the proposed plan. Theatre Canopy Main Street Councilman Griffin.moved to approve a license for the canopy. Seconded by Councilman Mark- alunas. Ail in favor, motion carried. Proposal from Hans of Aspen Realty on the Happy Hearth Inn was submitted to Council. Happy Hearth Inn Andre's of Aspen - City Attorney Kern stated denial of the application could not be Andre's of based on health and sanitation violations. Councilman Whitaker moved to approve a three- Aspen way license for Andre's of Aspen. Seconded by Councilman Griffin. Councilmmn Comcowich stated in a year when there has been little growth in the City and some establishments have folded, perhaps the needs of the community had been met. Councilmmn Griffin pointed out the needs of the neighborhood is only one of the criteria. Feel the applicant has demonstrated that be requests he has had, the need exists. Councilman Whitaker moved to adjourn at 7:00 p.m., seconded'~by Councilman Nystrom. Ail in favor, meeting adjourned. ~ Lorraine Graves, City Clerk