Loading...
HomeMy WebLinkAboutminutes.council.19761213 Planner Bill Kane presented a finished, second draft of the growth management plan. This plan is an attempt to do many things, to control the rate of residential develop- ment in the City and County. Kane stated the growth management plan is meaningless with the the joint approval of the City and County. Kane told Council the planning office will take this to the City and County P & Z to start the hearing process. Councilman Wishart moved to adjourn the special meeting at 5:35 p.m.; seconded by Councilwoman Johnston. All in favor, motion carried. Regular Meeting Aspen City Council December 13, 1976 Mayor Standley called the joint meeting to order at 5:30 p.m. with Councilmembers Behrendt, Johnston, Parry, City Manager Mahoney and City Attorney Stuller present. Also present were County Commissioners Shellman, Edwards, and Kinsley. 1. Air Quality Control - Environmental Health Officer Tom Dunlop requested a work session with Council and Commissioners to go over the technical aspects of this program. Air Quality Dunlop stated they were not really positive what route to pursue for minimum standards. control Councilwoman Johnston stated that everyone on Council and the County believed in the program, and the Boards should just empower the health officers to set up a commission. Mayor Standley directed the health officers to come back with specific recommendations. Councilman Behrendt stated he had no problem with the fireplace emissions; but if the Council told people they could not drive their automobiles, Council would not be in office. Councilman Behrendt said he felt the Council and Commissioners should serve as the advisory board. Mayor Standley said Council needed a definitive memorandum pointing out the impacts of the differenct levels of performance. Councilman Wishart came into Council Chambers. Commissioner Shellman asked that a resolution be drafted describing how many times the levels of pollution occur. 2. Rubey Park Bus Stop. Assistant City Manager Art Hougland submitted prices on the cost of enclosing Rubey P~rk bus stop. Hougland submitted sketches of a minimum enclosure and a maximum enclosure ~or the bus stop. Hougland stated the purpose was to make the bus stop reasonable comfortable until 10 - 12 at night. The ends would be permanently Rubey Park enclosed; the glass on the south side will be removable in the summer. bus stop Mayor Standley questioned the need for an heated bus stop; it only needs't{~be enclose~ and lighted. The bus stop is right downtown and there are other places people can wait. Commissioner Shellman moved that George Ochs design this bus stop for $2,000 County labor to build it and come back with a proposal for both boards; seconde~.by. Councilwoman Johnston. Shellman stated that Ochs would develop a plan to include~ heated bus stop for a budget not to exceed $2,000; City will contribute half the materials and the County contribute the labor. The Council clarified that the. City will budget $1,000 and give City Manager Mahone!~ the approval process with Ochs. All in favor, with the exception of Councilman Behrendt. Motion carried. 3. Cemetery Lane Improvements. This is in regard to the Dittmar annexation; the ~Co~Dty will fix the road; the City will annex it. Dave Ellis stated the County will hot those places that are deteriorating, and the City will ~ake care of the seal and chip. Cemetery Ochs said he recommended this approach. Lane - improvement Commissioner Shellman moved ~o have a contract drawn up; County improve the road and the City maintain it; seconded by Councilwoman Johnston. All in favor, motion carried. 4. Transportation Program. Ochs proposed to circulate to al~l~~ ~lo~al go'~ernm~ent~$~ Valley a program for a 1 to 3 year safety improvements to Highway 82. There are twenty Highway 82 different projects on the list; Ochs was asking both the City and County to support the transporta- twenty projects. Ochs said he had met with Carbondale; it appears that Garfield County tion progra~ will go along with it. Basalt is unwilling to go along with it. improvement~ Commissioner Edwards pointed out that these projects are essentially the same things that Pitkin County has been asking for for three years. Edwards stated the fai~ture to improve the road may have come from the highway department ~o push Pitkin Count~A a four-lane. If this has the support of all the ~owns and counties, the highway depart- ment may not be able to ignore this. Councilwoman Johnston moved to authorize Dave Ellis to rank the 20 safety improvem~-ts3 seconded b~ Councilman Behrendt. All in favor, motion carried. 5. A-95 Reviews. Energy Conservation. Councilman Wishart moved to approve this application with favorable comment; seconded by Councilwoman Johnston. All info.favor motion carried. Highway 82 Guardrail. Councilwoman Johnston suggested that the City and County~ask for Highway 82 more information on this grant application. Mayor Standley agreed, and stated there was guardrail no reason to endorse the project until there is more information. The pro~ect i~s to place guardrails one-quarter mile east of the Aspen city limits. Council and C~mmiss~ione~s decided that any help on Highway 82 was better than none. Councilman Behrendt moved to ~approve the application with favorable comment; seconded~ by Councilman Parry. All in favor, with the exception of Councilwoman Johnston. Motion carried. 6. Credit Union. County Attorney Richard Wood explained that the Commissioners had Credit endorsed the concept for a credit union for County and hospital employees. Wood said Union he would attempt to get the City's backing for a group of people to form a credit un~on. Wood stated that a group of employees would get together and draw up a charter to submit to the Federal government. Councilman Parry asked why not use the banks for this purpose. Wood answered that credit unions pay greater interest; provide loans on lower interest with less requirement for collateral. Councilwoman Johnston moved to encourage the further development of a credit union; ~' seconded by Councilman Wishart. All in favor, motion carried. COUNCIL MEETING MINUTES Councilman Parry moved to approve the minuses of the November 22, 1976, Council meeting; seconded by Councilwoman Johnston. All in favor, motion carried. ACCOUNTS PAYABLE Councilwoman Johnston questioned the parks maintenance building being about 50 per cent over budget. Mahoney stated the building was about done except for the concrete. Counci woman Johnston stated this budget should have come back for review. Mayor Standley agree~ , the Council did not know of the over-expenditure until the end of the road. Finance Director Butterbaugh told Council that next year's budgetting would be done by projects so that the computer will print out how much each project costs. This will make the department head aware if any project is over budget. Councilwoman Johnston moved to approve the Accounts Payable for November; seconded by Councilman Behrendt. All in favor, motion carried. CITIZEN PARTICIPATION 1. James Moore told Council that the City had down zoned his building a~ Monarch and Office zone Main to office° The building is no~ built for offi¢~ in any respect. Moore stated he Main street had wanted to pu~ a paint store in this building and could not. This building has been Moore building a commercial building for the last 15 years. Moore had gone to the Board of Adjustment, and stated he wanted to zoning back the way it was. City Attorney Stuller pointed out that private applications for rezoning were only entertained in August and are heard during the month of October. To be rezoned at any other time of the year has to be inItiated by P & Z, Council or planning office. Mayor Standley stated he and some other Councilmembers were in sympathy to this problem, and the Council could initiate a rezoning hearing. Councilman Behrendt asked the plan- ning office to review the impacts of rezoning this area. Kane stated there had been discussion about zoning this block on Main street to C-1. ThE planning office had recommended against that. Zoning to use was proposed, but during _~ the rezoning in 1975, the City was delineated into logical groups with logical boundaries Kane stated he felt if this individual property was rezoned, the City would have to expect applications for rezoning from other landowners on that block. Councilman Behrendt stated he would be willing to entertain this specific item at the Council's next work session. Mayor Standley suggested expanding the permitted uses unde~ office to include this type of use, as opposed to rezoning. Councilman Parry moved to consider the request for zoning relief on the agenda; seconded by Councilman Wishart. All in favor, motion carried. Mayor Standley said Council needed to direct the planning office to direct the P & Z to consider modification of use Under the existing zoning for this property to provide relief to deal with the specific problem that has been identified. Councilman Parry moved to ask the P & Z to address the problem and come up with solutions and recon~endations to the Council; seconded by Councilwoman Johnston. All in favor, with the exception of Councilman Behrendt. Motion carried. COUNCILMEMBER COMMENTS 1. Councilwoman Johnston told Council that the transportation alternative study consultants are in town this week. Councilwoman Johnston stated at all the meetings, she had been the only person from the City there. These meetings were supposed to be infor- mational for the City, -too. 2. Councilwoman Johnston said she was concerned are the lack of snow and believed it was touching the City's economic state. Councilwoman Johnston said she was wondering if there was any way that the governments could go into a work program. Mayor Standley said he had attended a meeting in Denver to investigate emergency funds for both business and employment. 3. Councilwoman Johnston told the Council that the state had said they will give every community another chance at a swine flu shot clinic, if there was any interest. 4. Councilwoman Johnston had received a copy of a memorandum from the planning office to Aspen Metro which talked about the number of buildings under construction and applica- Construction~ tions under review. There are 20 buildings actually under construction; 141 hotel units rate - hospital, 7 office buildings. Under review, there are 12 new buildings, at full build building out 501 condominium-hotel units, Churches, Trueman development. This thing is growing moratorium and growing. In the Growth Management Plan, it states it is within the community's ability to assert its will with regard to the future. The City should be undertaking a program to substantially reduce the potential for tourist accommodation expansion. As Aspen grows, there are not services to care for this growth. The City has already peaked out on treated water supply. Councilwoman Johnston suggested the Council consider putting a moratorium on building starts until guidelines are established that allow for the phasing of private growth with the provision of public facilities, and until the City responds to the concerns of water treatment, sewage treatment, air quality, mass transit, employee housing, energy conservation, social needs of the community. If the City does not act strongly and act soon, it will be too late. Mayor Standley agreed and endorsed the idea; Councilmembers Behrendt and Wishart concurred. Councilman Parry did not concur.. Mayor Standley asked City Attorney Stuller to work on a building moratorium to encompass all building in the City. STUDENT COMMENT There were none GOLF COURSE REPORT Mayor Standley stated that the Council had authorized money to get a professional architec~ to evaluate the City's golf course. Mayor Standley introduced Frank Hummel, who zs a PGA architect. Hummel told the Council that the present course is nine holes; the thinking Golf Course was the course could be expanded within the confines of the city-owned area. There are report some restrictions, such as the tot lot and the tennis courts. Hummel stated he had addressed the problems in design. The present golf course is jammed up in some places. A new design could benefit by spreading these out. Hummel told Council that a nine hole golf course is less efficient to maintain. Revenue from an 18 hole course gives the City more than twice as much revenue. Hummel stated that the existing green zs not built according to current acceptable standards, and the sprinkling system needs to be revamped. The total construction cost to bring the course up to standard, as well as add nine more holes, would be $560,000. An additional $91,000 was added for leeway, bringing the total to $651,000. Councilwoman Pedersen came in to Council chambers. Hummel pointed out that the next step would be to take a look at the site in terms of what can be done. The present course has the advantage of an excellent location. The course has the disadvantage of the fact that it is very flat; there ~s no distinguishing terrain. A flat course is actually less expensive to construct on. Councilman Parry asked Hummel the cost of his further analysis. Hummel stated he had the advantage of alot of previous planning which would help. His cost would not be very expensive. Hummel pointed out to Council the advantages of having a good 18 hole course, which would allow Aspen to compete with other summer resorts, like Vail, Estes Park, and Durango. Hummel stated that people would come to Aspen just to play golf. AUDIT REPORT Councilman Behrendt moved to put this on the agenda; seconded by Councilwoman Pedersen. Ail in favor, motion carried. Audit report Charlie Hauber, Alexander & Grant Co., told Council his firm had been associated with the City for 5 years. Hauber stated he would like to set up lines of communication with the Council. Hauber told Council his firm had been asked to examine the financial statements of the City and return an opinion letter as to their fairness. The auditors must be satisfied that the financial statements present fairly the financial position of the city. The auditors examine the internal control, what types of procedures the administrative people set up. The system should provide reliable information. Hauber said the auditors also make sure that the City is doing things according to state statutes. Mayor Standley stated the past year the City was involved in several major captiol pro3ects; the expenditures on these projects was left in very general terms. The City needs a much better idea of what is going on with capitol projects.' A format should be set up so that the Council has some idea of the financial status of the projects. The auditors told Council that the system is only as good as the input. Councilman Wishart moved to engage Alexander Grant as the City's auditors, conditioned upon Finance Director Butterbaugh agreeing on the figure; seconded by Councilwoman Johnston. All in favor, motion carried. REQUEST TO EXPAND LIQUOR LICENSE PREMISES - Cooper Street Pier Councilwoman Pedersen moved to grant the requests; seconded by Councilman Parry. All ~n Cooper St. favor, motion carried. Pier expand LIQUOR LICENSE RENEWALS premises The Plum Tree Inn was tabled until 12/27 so that they could get the stock exchange infor- mation to the Council. Renewals Councilman Behrendt moved to approve the renewal for the following licenses, with added conditions - Berkley-Aspen, Holiday House, Fireside Lodge, Jerry's Place, Ute City Banque, Aspen Meadows, Steak Pit, Johnston's Temptations, Red Onion, Galena Street East (with an eight month review on the stockholders), Pub (conditioned on Dunlop and Hougland signing off), Chart House, Mother Lode, Copper Kettle (conditioned on Dunlop signing off), Maur±ce~ Chez Carlo, Golden Barrel, Carl's Pharmacy, Aspen Drug, Uncle Willy's; seconded by Council- man Wishart. All in favor, motion carried. Councilman Behrendt moved to approve the following renewals with conditions; Hickory House Magic Pan, Toro's (conditioned on Dunlop's signing off), Little Nell's, Captain's AnchoragJ Aspen Mine Company (conditioned upon Dunlop's approval). Aspen Inn Club was tabled until 12/27; seconded by Councilwoman Pedersen. All in favor, motion carried. ASPEN HAMBURGER COMPANY City Attorney Stuller submitted a memorandum to Council; the Council was directed by the Judge to define the liquor-licensed premises, and to determine that no outstanding license existed for the premises. Both of these questions have been satisfied. Aspen Councilman Wishart asked what security the Aspen Hamburger Company would have about Hamburger serving to min0~s. Councilman Wishart stated he would like some assurances from the Company owners there would be some security. Councilman Wishart said he was opposed to letting people carry their liquor 5o their table. Council asked that a barrier be placed betwee~ the Aspen Hamburger Company area and the west mall. Councilman Behrendt moved to approve the license with the barrier installed; seconded by Councilman Parry. All in favor, with the exception of Councilman Wishart and Mayor Standley. Motion carried. REQUEST FOR ENCROACHMENT - Mason & Morse Building Mayor Standley pointed out to Council that this encroachment had been approved ,by the city engineer, given the three usual conditions. The encroachment is for a sidewalk Encroachment south of the Mason and Morse building at 315 E. Hyman; this would be for 3 feet along Mason & Morse the alley. The landscaping done by Mason and Morse would be along the sidewalk, not building into the park. Councilwoman Pedersen moved to approve the encroachment with the usual conditions; seconded by Councilman Wishart. All in favor, motion carried. REQUEST FOR ENCROACHMENT - Erdman Tom Jones, assistant city engineer, showed Council on a map where Erdman wished to encroach. Along the south side of the street, the subdivider wanted to erect low level street lighting. The engineering department felt that these constituted street light- Encroachment ing. There is some concern on the part of the neighborhood that these constitute an Erdman (denied) encroachment. Councilman Behrendt asked if the City find this not an encroachment, is the City liable. City Attorney Stuller answered that then it would be on a public right-of-way, that is where the liability arises. Jones stated these lights would provid the function of delineating the south side of the road, and a guidance for plows. City Manager Mahoney asked if the City would be expected to provide pole lights on that street. Mayor Standley read a letter to Council from a resident in that area, asking 5hat the Council not grant any further consideration ko Erdman, in view of his continued abuse of the land. Jon Siegle, representing two of the landowners in the area, told Council the reason there is some response over this request is that they feel this has been the only time they have had input to the City. Siegle pointed out that Erdman was going to use about 25 feet of the r~ght-of-way for his front (or back) yard for landscaping. This road used to be a cul-de-sac. The road has now been opened, and the neighbors have not been asked. The neighbors would like (a) to make sure that parking is provided for, the would like 8 feet of gravel on Erdman's side of the road, (b) they do not want these lights. 'There are presently no street lights on Meadows road, (c) they would like to se the cul-de'sac back, and Mr. Menscher would like Erdman, if he does this project, to put in berm and trees. Siegle read a petition to Council from the neighbors asking that Council not grant any more concessions to Erdman, and also asked that the Council restrict use of all existing R-6 lots to single family detached dwellings, and that the Council not create any more R-6 zones in the west end. City Engineer Ellis told Council this road had always been a publicly dedicated right-of- way. There are provIsions in the subdivision code for street standards. The code requires a cul-de-sac to have a 50 foot radius. What is proposed will allow for trash trucks to turn around at. the end of the street. Ellis stated the engineering department tried to deal with the r~ght-of-way only. The reason for making the street 24 feet in width was to discourage parking. A proposed solution would be to place boulders along the side of the road. Ellis stated that Erdman has agreed to go along with the suggest- ion that all the no parking signs be taken out; that boulders be placed on the north side of the right-of-way, and Erdman has agreed to place 8 or 10 feet of a graveled surface on his side of the asphalt paving. Erdman stated this this is work being done by the owners oi the building at their expense for the benefit of the City. Mayor Standley stated there was no need for the City to be putting lights on City property, and he was not interested in granting an encroachment. Councilman Wishart moved to deny the request for an enroachment for lights on City property; seconded by Councilwoman Johnston. All in favor, with the exception of Council man Parry. Motion carried. EXEMPTION FROM SUBDIVISION - Creative Mountain Development Hal Clark, planning office, told the Council that they had received a letter from the Subdivision applicant offering some possible solutions for the six month leasing problem. The P & exemption - Z had passed a six month leasing restriction on R/MF, Office and C-1 zones, but not on Creative Mti R-6 or R-15 zones. The planning office would like to see these units used for long term Developmen~ occupancy. The planning office is waiting for input from the housing office as to the effects on condominiums in duplex structures. Nick Coates, the applicant, told Council that half of the duplex was sold to a local resident. Coates had offered $1,000 additional commission to any real estate office that could get a contract from a local resident, but to date there zs no signed contract. Coates stated they felt that to put this restriction on this duplex would be spot zoning. None of the neighbors have this restriction on their property. Coates stated they would be happy to go along, if the neighbors want to impose this condition on the ~neighborhood. This additional restriction was not part of the zoning and was not even contemplated when the structure was built. Tom Marshall, resident of the neighborhood, had gotten 28 signatures of people in the neighborhood. The residents feel that this unit will become a Saturday ~o Saturday rental. The neighbors have no way of stopping this. Marshall stated if the residents could get some commitment that the duplex would not turn into short-term rental, fine. Otherwise it will become tourist zone. Mayor Standley said the neighbors concern is legitmate and Council is sympathetic. Whether Coates gets the exemption or not, or goes through full subdivision review, the ~nd result will be the same. There is little reason to not allow the condominiumization. This has reached an impass as the project is already done. The only thing the Council can do is entertain and support a letter of agreement to do whatever the rest Of the neighbor- hood agrees to. Mayor Standley said he felt the Council had probably done as muck as possible trying to help out the residents. City Attorney Stuller suggested that if the neighborhood was going to put a rental restriction on their homes, that it should be by restrictive covenant so that the City is not involved at all. Ms. Stuller pointed out that the difficulty is defining the neigh- borhood, and what to do about the one person who refuses to sign. If this is the ne-ig~~ borhood objective, they could satisfy this independent of the City Council. Coates stated he would agree to go along with what the other neighbors agree to, any restrictions to be placed on the whole neighborhood. Coates stated they did not feel they should be singled out in the neighborhood. City Attorney Stuller said this should be a private matter which should be resolved among the participants. The Council cannot solve all the weaknesses ~n the plan. Councilman Behrendt moved to approve the exemption from subdivision by Mr. Coates and to incorporate with it the general body of paragraph 3 in the letter from Garfield and Hecht; seconded by Councilman Parry. Councilwoman Pedersen asked Councilman Behrendt to reconsider the motion to incorporate the whole letter; Councilman Behrendt agreed; so did Councilman Parry. All in favor, with the exception of Councilwoman Johnston. Motion carried. EXEMPTION FROM SUBDIVISION Peter Brink~an Hal Clark, planning office, told Council this was a request for subdivision exemption Subdivision from Peter Brinkman for property located adjacent to the golf course. This was reviewed exemption - by the P & Z in July 1976 and approval was recommended. The planning office recommends Brinkman that rather than a fee dedication, a land dedication be given to the City. The lot is shaped with a piece sticking out into the golf course. The planning office had asked the applicant to square off the land and give the land to the City for the children's park and the golf course. The applicant agreed to this and to the six month rental restriction Councilman Behrendt moved to approve the exemption from subdivision; seconded by Councilma~ Wishar~. Ail in favor, motion carried. HOTEL JEROME Conceptual Subdivision Presentation Bill Kane, Director of planning, told Council this is a review of conceptual presen~ati6n for PUD for the proposed expansion of the Hotel Jerome. Council should give a clear Hotel reading of the overall suitability of the project. The project has been on-going for a Jerome long time as a result of the initial investigation of the fire marshal finding that the Conceptual second and third floors of the building are unsafe. Due to inadequate access, plumbing Subdivison and w~rlng deficiencies, the building is in a position to be condemned. The owner of the hotel came back with a proposal for expansion. The property in consideration, which is north of the existing hotel, is zoned office which permits .75:1 in office space. The planning office has identified several key issues in the development of this project. (1) At a general level, expansion of tourists accommodations in the City is not a desirable objective~ (2) Expansion of the Hotel Jerome would involve a very massive structure. These negative issues are counterbalanced by encouraging the development of a first class tourist hotel in Aspen. It is the feeling of the planning office that the Hotel Jerome represents the best opportunity for this by virtue of its location, its deteriorated condition, and the opportunity to fix up a building that should share a prominent role in the City. The building should be preserved and enhanced. The existing hotel is 44,000 square feet; the proposed expansion is 60,000 square feet. Kane showed Council a model of the proposed expansion. 6,000 square feet of the expansion would be accessory hotel commercial use. The applicant is basically requesting a rezoning from Office to Commercial/Lodge. Councilwoman Johnston asked about the possibility of the City purchasing the Hotel Jerome to preserve the building, perhaps use it for employee housing. Councilman Wishart pointed out the cost of renovating it for the City would be great; and if the City owned the building it would (1) put the City in the hole financially and (2) change the flavor of the hotel. John Gilmore, owner of the Hotel, told Council that at this point, he had approximately $900,000 in th~property. It will cost approximately s50 per foot to remodel the building. It Gilmore remodeled the building, he would have a 3% million dollar building and 35 rooms. Gilmore stated his diler~ma was that he had always intended to renovate the hotel, but he needs at least 100 more rooms to make the pro3ect economically feasible. Gilmore stated he was trying to do two things; (1) renovate and preserve the hotel, and (2) to provide a better service to The community. Councilwoman Pedersen said she was in sympathy with the preservation and maintenance of the Hotel. The plan for a 104,000 square foot building is behemouth and out of place in the community. Also Hotel this would be a commercial shopping center right above a neighborhood center. Council- Jerome woman Pedersen said she could not vote for this. con't Mayor Standley stated he felt this was one of the toughest decisions to make. The City is trying to get a handle on tourist accommodations, working through the growth manage- ment plan. Mayor Standley said he would rather put off some land acquisitions and purchase the Jerome than some parcels of land. The back building is just too big; the scale is ~oo big. Mayor Standley said he would rather have Gilmore voluntairy withdraw the pro3ect until either the Growth Management Plan is adopted, or Gilmore does some rather ma3or redesign of the second structure. Jerry McCarthy told Council he had read the Growth Management Plan, and there is a rec- ommendation in there for an allocation for 40 units within the City. This expansion represents 48 units in the rear. McCarthy stated the significant factor is, what is the City's feeling on continuing the hotel, and what is the historical significance of the Hotel Jerome to Aspen as a city. Councilman Behrendt stated he was distressed that something of this size and scale can continue to come to the Council. Councilman Behrendt stated he would vote no on the pro3ect; it is totally out of scale with the community. Councilman Behrendt s~ated he felt the zoning for the back half of the Jerome property was wrong; across the street is a residential neighborhood. Gilmore stated he had spent lots of time on this project, and had tried to change and be flexible ~o people's thoughts. Gilmored said he was tryi~ to solve a City problem with this expansion. The City and the State of Colorado would like to close the Jerome down. Gilmore agreed that the expansion building was too large, but it was needed to counterbalance the economic difficulties of the front building. Gimore agree to put the project in limbo and think about it. Councilman Wishart stated that Council should think seriously about Gilmore's alternatives, wha~ will happen to that space. Councilwoman Johnston asked ~hat the city pursue condemnation of the Jerome. Council decided to discuss purchasing the Hotel. SIX MONTH RENTAL RESTRICTIONS P & Z submitted to Council a resolution placing six month rental restrictions on build- ings in the R/MF, O and C-1 zones. Mayor Standley asked Council if they were interested in having an ordinance drawn up based on the resolution and the planning office's Six month recommendations. Council was interested; Councilwoman Johnston asked that the P & Z .rental also address all residential areas having rental restrictions, restrictions R/MF, O, C-1 DOG CONTROL Art Hougland outlined for Council the recommendations that were made from a citizsns meeting on dog control. (1) Animal litter ordinance should be adopted; should be City- wide, and be directed a~ urine as well as feces. The recommended fine was Sl0 to $20; fines could be worked off by picking up fecal matter. Hougland's recommendation was Dog control that owners should be required to clean up after their animals; this would require an extension of the existing litter laws. (2) A curbing ordinance was not recommended. The suggestion is that this should apply ~o all property, whether private or public. The ordinance best is any person having custody of any animal should be responsible for excrement deposited by said animals on any property other than that owned by said person. Hougland also suggested the provision of a place for hitching dogs in the core area. There might also be a sand box there. The hitching limit should be 30 minutes. The hitching place should not impede traffic or cause damage to trees or grass. Dogs would be subject to impoundment if not removed within 30 minutes. Public education was suggested; this will be implemented. Th~ citizen committee suggests providing an exercise area for dogs. Bill Grikis, humane officer, told Council he felt this would be hard to implement; any exerclse area would have to be fenced and maintained Council told Hougland and Grikis to work up an ordinance based on the suggested for litter and hitching, no~ to include an exercise area or scoops on the trash bins. ORDINANCE ~66, SERIES OF 1976 Amending the C/L district Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Ord. 66 Amending C/L Councilman Wishart moved to read Ordinance ~66, Series of 1976; seconded by Councilman district Parry. Ail in favor, motion carried. ORDINANCE =66 (Series of 1976) AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE ASPEN ZONING CODE AFFECt- ING 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 Behrendt moved to adop~ Ordinance #66, Series of 1976, on second reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Pedersen, aye; Johnston, aye; Wishart, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~69, SERIES OF 1976 - Rezoning Alpine Acres Mayor Standley opened the public hearing. Leonard Oates, representing the applicant, told Council they had no objection to the six month rental restrictions on this property. Oates stated this was a five lot subdivision which had recently been annexed into the Ord. 69,1976 City. All the lots of minimum size and are located to the east of Smuggler Racquet ~Rezoning Club. Three of the lots are already improved. The property is surrounded by the Alpine Racquet Club, Sunny Park north, zoned R-15 PUD; Sunny Park, zoned R/MF which is improved Acres with a three-story apartment, and three or four other apartment buildings. Oates is asking that his entire subdivision be granted R-15 zoning. Oates stated it would be inconsistent to grant any other zoning classification. The proposed development for lots 2 and 3 would be a duplex for each lot. R-15 zoning has been recommended by the City's planning staff and approved by the P & Z. Oates told Council there appeared to be concern in the neighborhood about the placement of the duplexes, There is considered to be a view plane from the Park Circle condominium A site plan was given to the residents. Oates stated a PUD would not be appropriate; there are not site characteristics justifying the application of a lengthy, detailed process for the placement of two duplexes. Oates stated they have made an agreement for $10,000 worth,of landscaping, and to underground the utilities. Bobbi Seelefund read a statemen~ to Council outling the residents objections to this development. The view plane as not the main point of contention, but the original plan had the duplexes overlapping with no corridor. The land was zoned by the County for single family dwellings, each of which could be no larger than 2400 square feet. In the City, there is no maximum for the square footage of duplexes. The massiveness of the proposed duplexes is overwhelming, 2500 square foot per unit, especially when compared with the square footage of other units in the area. The cost of the proposed duplexes would be completely ou~ of scale with the other units in the neighborhood. Ms. Seelefund pointed out that this areas has been and is lived in by residents of Pitkin County. Ms. Seelefund hoped that the City would rezone the property PUD so that it could be developed in harmony with the neighborhood. Richard Cum~ing said the letter basically everything the residents feel. This project involves problems that exist in the entire neighborhood, and is appropriate for a planned unit development. Sec. 24-8.1 of the Municipal Code states the objectives of a PUD are to create a more desirable environment. Subsection (f) states, to create a more bene- ficial relationship with the surrounding areas. These provide the rationale and the basis for designating these particular lots PUD, to give some control on how these buildings will affect the entire neaghborhood. In an R-15 zone, the builder can do what- ever he wants to do. Diane White-Frank said the County Housing Authority had said that these lots would be used for either more county employee housing, or for two single family dwellings. The density in this area is already overwhelming and is mostly employee housing. To put 16 more units and cars an that space would jam it up. This area is residential, and these duplex units could be rented out to tourists on a week-to-week basis. This does not fit i~ with the neighborhood. Margie Alton, living in one of the Victorians adjacent to the area, agreed with every- thing that has been size. The size of the duplexes would dwarf the house. Coates told Council the duplexes would be 1750 square feet per unit, for a total of 3400 square feet. Oates asked Coates if given the same latitude as Jenkins was, would he build employee housing of the same configuration. Coates stated yes. Oates pointed out to Council that none of the previous projects were too concerned about already existing projects. Oates stated the last guy developing the area is being penalized. If the City feels this as appropriate for employee housing, then Coates would be willing to look at it. This project, as duplexes, would be 12 bedrooms on 30,000 square feet. There is no size limitation for duplexes under the zoning classification. A PUD is not needed, because everything has been satisfied. Kane told Council that the planning office had recommended against the imposition of a PUD. At the same tame, the planning office is sensitive to the size of single-family and duplex units. A PUD on this site would sugges~ imposition of a design criteria and would put the Council between the developer and the surrounding area. There is a proposed recommendation to reduce the FAR in residential districts. The proposed recom- mendation would aloow 16D0 square feet per side of a duplex on these lots. This is a more objective way to go about this problem. Karen Smith told Council the real objection was to the type of units that would be built on these lots. They are out of scale and character'and price with the general trend of the neighborhood. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance ~69, Series of 1976; seconded by Councilman Parry. All in favor, motaon carried. ORDINANCE ~69 (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 PURUSANT TO ORDINANCE NO. 33, SERIES OF 1976, AND THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk. Oates said the applicant would be receptive to an employee-housing type 0f approach. The density would have to be vastly increased in ~erms of per unit cost. Councilman Behrendt moved ~o adopt Ordinance 969, Series of 1976, on second reading to rezone A~p£ne Acres at the level requested by the applicant with three stipulations, (1) six month'.leasing restrictions, (2) 1600 square feet per side covenant, or less if the code is reduced, and (3) nothing would be construed to preclude consideration for rezoning to accommodate employee housing in the area; seconded by Councilman Wishart. Roll call vote; Councilmembers Johnston, nay; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #70, SERIES OF 1976 - Rezoning Trueman Property Mayor Standley opened the public hearing. Kane told Council 5his would be adoption of an SPA on the Trueman commercial building. Only lot 1 should be clearly specified with Ord. 70,1976 respect to uses so that the effect of the plan should be adoption of a SPA for Lot 1 Rezoning only. The SPA defers any zoning questions on lots 3 (panhandle), lot 2 (proposed post Trueman office site), lot 4 (which will be conveyed to the school district). Kane stated the planning office has no objections, and feels th~s represents an adequate SPA for the Trueman commercial buildings. However, Kane pointed out, to make a smoother process, it might be appropriate to table this second reading and take action at the time of final plat review of the pro3ect. Mayor Standley closed the public hearing. Barry Edwards, representing Trueman, asked Council to hold a special meeting to con- sider the special PUD provisions. The City Attorney's recommendation is to deal with this project at one time so that if there needs to be some change, it can be made on the PUD subdivision and SPA maps. Councilwoman Pedersen moved to schedule a special meeting December 20, 1976; seconded bI Councilman Parry. Councilmembers Pedersen, Parry, Mayor Standley in favor; Council- members Behrendt, Wishart, and Johnston opposed. Motion NOT carried. Councilwoman Pedersen moved to table Ordinance 970, Series of 1976; seconded by Council- woman Johnston. All in favor, motion carried. ORDINANCE #73, SERIES OF 1976 Historic Designation of Ross Residence Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Ord. 73,1976 Councilwoman Pedersen moved to read Ordinance 973, Series of 1976; seconded by Councilma H designatio3 Parry. All in favor, motion carried. Ross residen~ ORDINANCE =73 (Series of 1976) AN ORDINANCE DESIGNATING AS AN HISTORIC STRUCTURE AND SITE THE LOCATION OF THE ROSS RESIDENCE CONSISTING OF LOTS G, H AND I OF BLOCK 24, ORIGINAL ASPEN TOWNSITE was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance ~73, Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vote; Coun¢ilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE 974, SERIES OF 1976 Impoundment of Cats Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. )rd. 74, 1976 Impoundment of Councilwoman Pedersen moved to read Ordinance 974, Series of 1976; seconded by Council- ~ats woman Johnston. All in favor, motion carried. ORDINANCE =74 (Series of 1976) AN ORDINANCE AMENDING THE MUNICIPAL CODE BY THE ADDITION OF SECTION 5-7 THERETO AUTHORIZING THE IMPOUNDMENT OF CATS WHICH ARE ABANDONED OR WHICH CONSTITUTE A NUISANCE; FURTHER AUTHORIZING THEIR DESTRUCTION IF NOT CLAIMED WITHIN FIVE DAYS, AND IMPOSING AN IMPOUND FEE OF S3.00 PER DAY FOR EACH DAY HELD PURSUANT HERETO was read by the city clerk Councilman Parry moved to adopt Ordinance 97~, Series of 1976, on second reading; seconded by Councilwoman Johnston. ~11 Call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, nay; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE 975, SERIES OF 1976 Annexing Heller Property Mayor Standley opened the public hearing. There were no comments. Mayor Standley )rd. 75,1976 closed the public hearing. Annexing Helle~ Councilman Parry moved to read Ordinance ~75, Series of 1976; seconded by Councilwoman Pedersen. All in favor, motmon carried. ORDINANCE #75 (Series of 1976) AN ORDINANCE ANNEXING A TRACT OF LAND OWNED BY NICK HELLER CONSISTING OF LOT 2, BLOCK 2, PITKIN MESA SUBDIVISION, WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~75, Series of 1976, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, nay; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~77, SERIES OF 1976 - Dog Control Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Ord. 77,1976 Dog control Councilwoman Pedersen moved to read Ordinance #77, Series of 1976; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE =77 (Series of 1976) AN ORDINANCE AMENDING THE DOG CONTROL CODE OF THE CITY OF ASPEN BY THE ADDITION OF SECTION 5-69 THERETO; WHICH SAID SECTION RAISES THE PRESUMPTION THAT THE OWNER OF A DOG IS RESPONSIBLE FOR ITS RUNNING AT LARGE IN VIOLATION OF VARIOUS SECTIONS OF SAID DOG CONTROL CODE was read by the city clerk Councilwoman Pedersen moved ~o adopt Ordinance #77, Series of 1976, on second reading; seconded by Councilwoman Johnston. Rcll call vote; Councilmembers Behrendt, aye; Johnston aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~78, SERIES OF 1976 - Installation of Electric Meters Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Ord. 78 Installation Councilwoman Pedersen moved to read Ordinance #78, Series of 1976; seconded by Council- of Electric woman Johnston. All in favor, motion carried. ~meters ORDINANCE ~78 (Series of 1976) AN ORDINANCE AMENDING THE ASPEN MUNICIPAL CODE BY THE ADDITION OF SECTION 7-168 THERETO REQUIRING THE APPROVAL OF THE BUILDING INSPECTOR PRIOR TO THE INSTALLATION OF ELECTRIC METERS was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance ~78, Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Johnston, aye; Parry, aye; Pedersen, aye; Behrendt, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE #79, SERIES OF 1976 Appropriation of 6th and 7th Pennies Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord. 79 the public hearing. Appropriatic Councilwoman Pedersen moved to read Ordinance ~79, Series of 1976; seconded by Councilman 6 & 7 penny Parry. All in favor, motion carried. ORDINANCE ~79 (Series of 1976) AN ORDINANCE RECOGNIZING AND APPROPRIATING REVENUES IN THE SIXTH AND SEVENTH PENNY SALES TAX REVENUE BOND FUNDS was read by the city clerk Councilwoman Pedersen moved to adopt Ordinance ~79, Series of 1976, on second reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE 980, SERIES OF 1976 - Appropriation of Street Improvement Funds Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Ord. 80 Appropriati¢ Councilwoman Pedersen moved to read Ordinance ~80, Series of 1976; seconded by Council- S~ree~ woman Johnston. All in favor, motion carried. Improvement ORDINANCE ~80 district (Series of 1976) AN ORDINANCE RECOGNIZING REVENUES IN AND MAKING APPROPRIATIONS FROM THE 1966 AND 1967 STREET IMPROVEMENT DISTRICT FUNDS was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~80, Series of 1976, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Wishart, aye; Behrendt, aye; Johnston, aye; Pedersen, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE #81, SERIES OF 1976 - Homes for the Aged Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to read Ordinance ~81, Series of 1976; seconded by Councilman Ord.81 Behrendt. All in favor, motion carried. Homes for Aged ORDINANCE =81 (Series of 1976) AN ORDINANCE AMENDING SECTION 24-3.7 OF THE ASPEN MUNICIPAL CODE BY ADDING SUBSECTION (m) THERETO, WHICH SAID SUBSECTION PROVIDES THAT THERE SHALL BE PERMITTED, WITHIN ALL RESIDENTIAL DISTRICTS WITHIN THE CITY, OWNER-OCCUPIED OR NONPROFIT GROUP HOMES FOR THE EXCLUSIVE USE OF LIMITED NUMBERS OF AGED PERSONS, PROVIDED THAT SUCH PERSONS DO NOT NEED SKILLED AND INTERMEDIATE CARE FACILITIES was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~81, Series of 1976, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Pedersen, aye; Parry, aye; Johnston, aye; Wishart, aye; Rehrendt, aye; Mayor Standley, aye. Motion carried. CITY MA~L~GER 1. Shaw. Property. City Manager Mahoney told Council that in an executive session, information on the Shaw property had been presented. From that came a recommendation Shaw property that Mahoney's office negotiate with Ramona Markalunas for the purchase of the property, purchase These properties are the land next to the Wheeler Opera House, the triangle across from Mrs. Shaw's house, and the Koch lumber company. The property within the City totals about 7800 square feet. Councilman Behrendt moved to direct City Manager Mahoney to enter into negotiations with Ramona Markalunas on behalf of the Shaw estate for the City to purchase the three parcels (next to the Wheeler Opera House, Koch Lumber, and the triangle); given the guidelines established by Brian Goodheim in the executive session; and further, if appropriate, to discuss with the County considering an agreement on the other properties and then coming back to Council; seconded by Councilman Wishart. ~ Council discussed the priorities of land purchase with regard to these three listed abow and decided to leave the priorities open until discussed with Mrs. Shaw and the County. All in favor, motion carried. 2. Wheeler Opera Rouse leases. H. J. Stalf told Council that the Daggs and Shellman offices are vacant now. This represents $1200 a month the City is not receiving. Stalf ~ asked Council if they wanted to ren5 the offices out on a month-to-month basis for a year. The Community Facilities Board does not have a definitive recommendation, but Wheeler Opera would like to see the arts groups in there. This cannot be done without a subsidy from house leases Council. John Stanford mentioned that the M.A.A. is very interested in this as a location. Mayor Standley stated the Council had taken a strong stand in underwriting the arts groups. If the arts groups have specific space requirements they can get to Council, these should be considered. They should also be subsidized to some extent. RESOLUTION ~22, SERIES OF 1976 - Dit+~ma~ Annexation City Attorney Stuller explained to Council this was to add an additional lot to the original Petition for Annexation. REs. 22 Councilwoman Pedersen moved to read Resolution ~22, Series of 1976; seconded by Council- Dittmar man Parry. All in favor, motion carried. Annexation RESOLUTION ~22 (Series of 1976) WHEREAS, there has been presented to the City Council for its considera- tion a Petition for Annexation concerning the following described tract located in Pitkin County, Colorado: LOT 14, Block 1, Pitkin Mesa Subdivision, and, WHEREAS, said Petition signed by the applicant, Robert Justman, has been determined by the City Council ~o satisfy the requirements of Section 31-8-107(1) (c), C.R.S 1973, the Colorado Municipal Annexation Act of 1965, and, WHEREAS, it ~s required by said Act that the Council determination of the substantial complaince of an annexation petition be by Resolution and therefore of record, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the Petition for Annexation dated December 3, 1976, and submitted by Robert Justman for annexation of the above-described property shall be, and hereby is, determined to be in compliance with Section 31-8-107(1) (c), C.R.S 1973, the Colorado Municipal Annexation Act. was read by the city clerk. C~uncilman Wishart moved to adopt Resolution #22, Series of 1976; seconded by Councilman Parry. Ail in favor, with the exception of Councilwoman Johnston. Motion carried. ORDINANCE #76, SERIES OF 1976 - Dittmar Annexation City Attorney Stuller told Council that this ordinance should be amended to include the roadway, as long as it is going to be annexed. LOrd. 76 Councilman Parry moved to read Ordinance ~76, Series of 1976, as amended; seconded by Dittmar Councilman Wishart. All in favor, motion carried. Annexation ORDINANCE #76 (Series of 1976) AN ORDINANCE ANNEXING LOTS 8, 9, 10, 11, 12 14, 15 and 16 of BLOCK 1, PITKIN MESA SUBDIVISION TO THE CITY OF ASPEN, WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the city clerk Councilman Behrendt moved to adopt Ordinance ~76, Series of 1976, on first reading as amended; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; Johnston, nay; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE #82, SERIES OF 1976 - Truck Leasing Councilwoman Johnston moved to read Ordinance #82, Series of 1976; seconded by Councilman Parry. All in favor, motion carried. Ord. 82 Truck ORDINANCE ~82 leasing (Series of 1976) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF SIX VEHICLE LEASING AGREEMENTS BETWEEN THE CITY OF ASPEN AND DICK WHEELER, INC.; WHICH LEASES ARE EACH FOR A TERM OF 24 MONTHS AND PROVIDE FOR MONTHLY RENTAL PAYMENTS (IDENTIFIED BY VEHICLE NUMBER) AS FOLLOWS: (1) T-229, $141.90, (2) T-256, $167,98, (3) T-240, $133.00, (4) T-242, S136.00, (5) T-241, $155.10, (6) T-243, $137.70 was read by the city clerk. Finance Director Butterbaugh told Council all the trucks, except transportation, were budgeted in 1976 budget. At that time, it was decided ~o go with the lease-purchase. The transportation department has to have a vehicle to get people back and forth to the buses. City Manager Mahoney told Council that the director of ~ransportation had under- stood that he could lease a truck. The old transportation truck was given to the admini- - stration to be used around City Hall. No papers have been signed on this truck; it is being tried out. The money is in the 1977 budget. Mayor Standley objected strongly to the fact that the City buys and buys more new trucks. The City has a lot of rolling stock. Furniss should be driving the old white truck. Every department head for the City does not need to be driving a new truck. Mahoney stated that Furniss needed this new ~ruck for emergency call outs at night. The truck is ordered with winch, tools, e~c. Mayor Standley reiterated that the City has other trucks; the City does not need new trucks. Councilman Behrendt moved to adopt Ordinance #82, Series of 1976, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Wishart, aye; Pedersen, nay; Parry, aye; Johnston, nay; Behrendt, aye; Mayor Standley, aye (under protest). Motion carried. ORDINANCE #83, SERIES OF 1976 Amendment to Historic Designation Procedures Councilwoman Johnston moved to read Ordinance ~83, Series of 1976; seconded by Council- Ord. 83 woman Pedersen. All in favor, motion carried. Amendment tc Historic ORDINANCE =83 Designation (Series of 1976) procedures AN ORDINANCE AMENDING SECTION 24-9.4 OF THE ASPEN MUNICIPAL CODE WHICH AMENDMENT PROVIDES THAT WHEN THE ASPEN HISTORIC PRESERVATION COMMITTEE INITIATES THE DESIGNATION OF AN INDIVIDUAL STRUCTURE OR SITE AS HISTORIC, AND DOES SO WITH THE CONSENT OF THE LANDOWNER, THE COMMITTEE MAY FORWARD ITS FINDINGS DIRECTLY TO THE CITY COUNCIL FOR CONSIDERATION WITHOUT SUBMITTING THE PROPOSED DESIGNATION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW was read by the city clerk. Councilwoman Pedersen moved ~o adopt O~dinance #83, Series of 1976, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Pedersen, aye; Johnston, aye; Parry, aye; Wishart, aye; Mayor Standley, aye. Motion Carried. ORDINANCE #84, SERIES OF 1976 - Appropriation Ordinance Councilwoman Pedersen moved to read Ordinance ~84, Series of 1976; seconded by Councilman Ord. 84, Wishart. All in favor, motion carried. Appropriati¢ ~s ORDINANCE ~84 (Series of 1976) AN ORDINANCE RECOGNIZING UNANTICIPATED REVENUES IN THE AMOUNT OF $511,399 FOR THE FISCAL YEAR 1976; APPROPRIATING $348,117 OF SUCH REVENUES TO THE GENERAL OPERATIONS, OPEN SPACE, TRANSPORTATION, WATER, ELECTRIC, AND POLICE PENSION FUNDS; AND LEAVING UNAPPROPRIATED SURPLUS REVENUES IN THE AMOUNT OF $406,757 was read by the city clerk. 2134 Regular Meeting Aspen City Council December 13, 1976 Councilwoman Pedersen moved to adopt Ordinance ~84, Series of 1976, on first reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. MINIMUM STREAM FLOWS Minimum City Attorney Stuller submitted a memorandum to Council on streeun flows, stream flows Councilman Parry moved to go for all the stream flows; seconded by Councilman Wishart. All in favor, motion carried. Councilwoman Pedersen moved to adjourn at 11:40 p.m.; seconded by Councilwoman Johnston. All in favor, motion carried. Hauter, City Clerk