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HomeMy WebLinkAboutminutes.council.19761122 NovemDer ~, Councilwoman Johnston stated she would like to see the ordinance amended to say that seeing eye dogs are not excluded. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, nay; Johnston, aye; Parry, nay, Pedersen, aye; Mayor Standley, aye. Motion carried. Councilweman Pedersen moved to adjourn at 8:45 p.m.; seconded by Councilman De Gregorio. All in favor, motion carried. Kathr~n S. Hauter, City Clerk Regular Meeting Aspen City Council November 22, 1976 JOINT ~ETING WITH COUNTY COMMISSIONERS Mayor Standley opened the meeting at 5:10 p.m. with Councilmembers Behrendt, De Gregorio, Johnston, Parry, Pedersen, Assistant City Manager Hougland, and City Attorney Stuller present. Commissioners Shellman, Edwards, and Kinsley were also present. 1. Transportation Department Agreement. Mayor Standley asked that the parking area at the bus barn be a secured area. GeOrge Ochs pointed out a change on page 4, paragraph Transportati< 6, "location to be determined by and at sole discretion of the County." should be inserted Agreement after the word barn. Finance Director Butterbaugh said the City had looked at comparative prices per square foot and is happy with the $12,000. Edwards wanted the clause that the City could not install modifications or extra buildings without the County's prior approval. Shellman pointed out that the County planned to tear down the entire bus barn in the future, and the County should have the ability to relocate the bus barn to an equivalent location. The contract is only good for one and one-half years, so any relocat ~n would probably occur after that. Commissioner Shellman moved to approve the transportation agreement; seconded by Commiss- ioner Edwards. All in favor, motion carried. 2. Rocky Mountain Natural Gas Rate Increase Protest. H. J. S~alf, Econo~, submitted a memorandum. Stalf stated that Montrose and Glenwood Springs have sent a letter of protest to the PUC, along with Pitkin County and Aspen. The points contested are the RMNG Rate one million dollars worth of pipe purchased and not used; that RMNG requested a 15 per cen ~"~rotest return on the equity based on the fact that PSCo got one last year. Stall stated that the City and County were also challenging the rate structure of RMNG. Councilwoman Johnston moved that the City and County intervene in this action against RMNG; seconded by Councilman Behrendt. All in favor, motion carried. 3. Mellow Yellow/Quicksilver dial-a-ride Program. Shellman stated he had been meeting with both Mellow Yellow and Quicksilver to have them try to move with their resources and deal with local transportation problems. The program they came up with is ~the Taxi Service utilization of a jitney type service using existing resources. Shellman stated he would dial-a-ride support this application and recommend it short of any possible subsidy. Jake Howe, Quicksilver, outlined the proposal to PUC, and told the Boards they were asking for a rate reduction to $.50 per rider in the City of Aspen. Phil Sullivan, Mellow Yellow, told Council he had asked for support and some promotion money. Shellman stated it would be worthwhile to indicate the City and County's willingness to incorporate this program with the transportation department's program. The City and CoUnty shOuld consider minimal expenditures to promote the program. Commissioner Kinsley moved that the City and County jointly fund $600 to the promotion of a dial-a-ride program. Commissioner Edwards stated he felt that was an inordinate amount of money for a seven day trial program. Councilman Behrendt stated the City could eliminate one of the areas presently served by empty buses with this program. Councilman Behrendt asked that the motion be amended to $300 and that the City ~anager and transportation director look into the program and report back to the Council and Commissioners; Commissioner Shellman seconded the amend- mento All in favor, motion carried. 4. Proposal to Combat Air Pollution. Jeff Davis, County Engineer, stated he would like to try to cOntrol air pollution. There are a couple of programs he would like to have~ Air Pollutio~ the City and County do jointly. Davis stated that automobiles, fireplaces, and restaurant grills are the biggest polluters. Davis stated there should be a committe of seven people to assess the problems and come up with solutions. D~vis has started work on a fireplace code, not only to limit the number, but also to have people construct more efficient fireplaces. The reduction in number of fireplaces would be on a square footage basis. Davis suggested to control the autmobile the use of auto free zones intercept parking lots, fewer rental cars. There would be an alert system, based on high conCentration levels. Davis stated last winter the measures indicated that Aspen is getting close to caution levels. Bob Nelson, County Health office, stated last January the City exceeded 8 hour standards 12 times. Commission Edwards stated there are air quality regulations which the County has the duty and obligation to enact for the entire county. In order to make effective any kind of air pollution reduction, there will have to be cooperation between the City and County. A joint enforcement program should be developsd. Council and Commissioners decided to set up a work session on the air pollution program at the next joint meeting. 5. A-95 Review - Transportation for Handicapped and Elderly. A-95s Commissioner Edwards moved to approved this grant; seconded by Councilwoman Johnston. All in favor, motion carried. ~_3 COUNCIL MEETING MINUTES Councilman Behrendt moved to approve the minutes of October 25, 27, and November 8, 1976 ~conded by Councilman Parry. Councilwoman Johnston corrected page 2101, under Petitions for Annexation, paragraph 3, line 3, the word City should be changed to County. All in favor, motion carried.:~ CITIZEN PARTICIPATION There were no comments COUNCILMEMBER COMMENTS 1. Councilwoman Johnston recommended that Council adopt the policy to authorize the Mayo to sign all liquor license renewals applications with the prior approvals of Sanitarian, Liquor License police chief, and city clerk. Councilman De Gregorio stated he would rather see each Renewals application and deal with each one. Councilmembers often have questions. Councilmembers Parry, Johnston, and Behrendt agreed with not seeing the applications; Councilmembers Wishart, De Gregorio, and Pedersen voted to see each one. Mayor Standley voted to keep this at Council level. 2.. Councilwoman Johnston stated oh December 16th at the Policy Committee meeting of the Colorado Municipal League, cities were being asked for input on legislation that the League should be involved in. Council asked City Attorney Stuller to investigate this. 3. Councilwoman Pedersen noted that the Number One Main Corporation had bought the Pomegranate. 4. Councilwoman Pedersen asked if there were a legal limit as to the amount of rent ' deposit a landlord could charge. City Attorney Stuller answered there were no legal limits. The City has no regulations on landlord/tenant relations. Mayor Standley pointe ~ i out that if the City put too many restrictions on landlords, the units would go right out of employee housing into short term. 5. Councilman Parry stated when all the poles were taken down for undergrounding, the street lights came down too. Some of the alleys around town are very dark. STUDENT COMMENT There were no comments. SPECIAL MEETING REQUEST - Tom Wells for Hotel Jerome Jerry McCarthy presented a letter to Council requesting a special session with the Council on December 6 for approximately one hour. McCarthy stated they wanted to explain Hotel to Council where the Hotel Jerome project was so that the process through Council could Jerome be paralleled with the process through P & Z. Mayor Standley stated this would be a work session only, which would be appropriate. Conceptual approval of this project should be at a regularly secheduled meeting. Councilman Wishart moved to schedule a work session on the Hotel Jerome on Monday, December 6, at 5:30 p.m.; seconded by Councilwoman Pedersen. All in favor, motion carried. LIQUOR LICENSE RENEWALS Renewal applications were submitted for the following: Eagle's, Grog Shop, Guido's, Eagle's, Grog Little Annie's Crystal Palace, Golden Horn, Jakes, Elk's, Andre's, Paragon, Cooper Street Shop, Guido's Pier, Tom's Market, Silver Plume. Chief of Police Hershey stated he had had some trouble Little Annies with the overflow from Little Annie's onto the street. Judy Topol had assured him she Crystal Palace would put on an extra person to keep this under control. Hershey stated he had had the Golden Horn, same problem with Andre's and the Paragon. Both places had assured Hershey they would Jake's, Elk's control the glasses going into the street. Andre's Sanitarian Tom Dunlop asked that Guido's and the Silver Plume be approved, but the license Paragon not signed until these places had complied with his mnspection requests Cooper STreet., Tom,st ~ Silver Plume I Councilwoman Pedersen moved to approve the renewals of the above condition upon Dunlop's ~ signing off on Guido's and Silver Plume; seconded by Councilwoman Johnston. All in favor ~ motion carried. Country Road Renewal and Request for Expanded Premises. Ron Austin explained that Country Road Country Road was expanding into presently leased space, which is a storage room. The Renewal & proposal is to move the bar out of the dining room, give some waiting room. This will Expansion increase the seating space somewhat. Mayor Standley asked what the difference in the square footage would be. Austin answered the expansion.would add about 800 square feet, for a total of 3,000 square feet. Mayor Standley stated when this license was approved, it was presented that they would have merely a service bar. Councilman Parry stated he felt Country Road had proved it was not a rowdy place. Councilman Behrendt moved to approved the expansion and the renewal for Country Road; seconded by Councilman Parry. All in favor, motion carried. HYMAN STREET DELI ~ Transfer of Liquor L±cense Ralph Brendes, representing Laucks and Bagels, told Council this was a situation where Hymen St. Laucks and Bagels was resuming possession of the premises, as the previous tenant HRB, Inc. Deli - Purcha! had faulted. and Sale Councilman Behrendt moved to approve the transfer to Laucks and Bagels; seconded by Councilman Parry. Councilwoman Pedersen noted the three items lacking from the file. Brendes stated that Laucks had just been fingerprinted, and the approval should be contingent upon a record check coming through. Tom Dunlop stated Laucks had complied with his requests. Dunlop wanted it known that he and Laucks have a written agreement that if his establishment is not in total compl±ance by January 30, 1977, Dunlop will ask Council to investigate. Mayor Standley asked if all the outstanding bills to suppliers had been taken care of. Brendes reiterated this was a situation where Laucks is a creditor of HRB, INc. who faulted on the note and the lease. The total outstanding bills are not more than S300 to $500. Mayor Standley stated the only way the Council would allow a license to be transferred is if the purveyors have been satisfied. Brendes agreed to escrow $500 and set up the agreement with City Attorney Stuller. The approval will be conditioned upon satisfaction of the outstanding bills, the records check, and the sanitarian~s approval. All in favor, motion carried. WIENERSTUBE - Hearing for a three-way liquor license Wienerstube Mayor Standley opened the public hearing. City Clerk reported the file, posting and 3~way license publication were in order. Albie Kern, representing the applicants, told Council that the Wienerstube has been operating 11 years in the same place and has had a beer and wine license for over eight years. The Wienerstube desires to change to a three-way license. The Wienerstube has a good reputation for food and service. Kern told Council that the population figures for Pitkin County in 1974 were approximately 12,000. In 1975, this increased to 15,000. Building permits for 1976 have been around 16 million dollars. The sales tax total overall in 1975 was an increase of 11 million dollars. In the City in 1976 to date, the increase in sales tax over last year is 20.6 per cent. This indicates a growth in sales and in spending. Kern stated the character of the establishment will not change at all. Mayor Standley asked for opponents. There were none. Mayor Standley closed the public hearing. Councilman Behrendt moved that the Council had determined that the needs of the neighbor- hood and the desires of the inhabitants had not been met and the applicant is of good financial and moral character, to approve a three-way liquor license for the Wienerstube; seconded by Councilwoman Pedersen. All in favor, motion carried. THE HOME PLATE - Hearing for a two-way liquor license Jim Wurst told Council he had leased the dining room in the Mountain Chalet from Ralph Melville and planned to serve inexpensive dinners. Wurst stated the restaurant will be Home Plate the same s~ze as in the past. The hours of operation are 5 - 10 p.m. Monday through 2-way license Saturday. Wurst submitted letters from the Condominium Association and the lodge owners in the neighborhood who support the applicat±on. Wurst also submitted petitions signed by 442 residents supporting a moderately priced establishment serving beer and wine. Ralph Melville told Council he had had this dining room licensed previously. Melville said he did no~ want a full bar, but beer and wine are necessary for a good operation. Mayor Standley asked for oppenents. The city clerk reported that Janet Elder had opposed any more liquor licenses in town on the basis that there are too many. Mayor Standley closed the public hearing. Councilwoman Pedersen moved to approve the two-way license for the Home Plate; seconded by Councilman Wishart. Councilman Behrendt amended the motion to stated because the applicant has satisfied the three main criteria; seconded by Councilwoman Johnston. All in favor, motion carried. TEEN CENTER - Request for funding Mayor Standley told Council this was a request by Lori Patterson on behalf of the Youth Center at the Lift 1 building for funds. Mayor Standley stated the work that has been Teen Center done at the Youth Center to date is really remarkable and is an asset to the community. request for Mayor Standley stated there are two sources of funds .(1) a gift from the Celebrity Tennis fundin~ Tournament of $2,000 for the teen center and (2) city funds for the salary part of the request. Lori Patterson explained that the work requested was to be done to the basement area. A partition could be removed so that there could be a pool room downstairs. They would like to build a stairway, and make the four small rooms into two big ones. Ms. Patterson stated the entire request was $1120, The kids said they would paint the building, carpet has been donated, Councilwoman Pedersen moved that any expenditure neceesary for capital improvements come ~ ' out of the $2000, and that the in-house help come out of another fund; seconded by Councilwoman Johnston. All in favor, motion carried, i , RIVERVIEW CONDOMINIUM - Request for encroachment Riverview Jim Martin, applicant, told Council he had talked with Dave Ellis, engineering department Condos. and had found common ground. Riverview is ask±Ag for a i foot encroachment on Hopkins Encroachment street and a fence down the boundary of the City alley which is currently landscaped in grass. Martin submitted a revised map of the encroachments. Ellis had asked for right of ingress and egress across the west five feet of the property to make sure people had the right to get down to the river from Hopkins street. Councilman Behrendt moved to approve the encroachment with the usual stipulations and indemnification; seconded by Councilman Parry. All in favor, motion carried. Subdivision SUBDIVISION EXEMPTIONS Exemptions 1. Willi~. Hal Clark stated this is an application for subdivision exemption dealing with previously platted townsite lots. It is the opinion of the planning office that Williams it would achieve no purpose to put this throuqh normal subdivision review. The planning office recommends approval. The land is zoned R~6. Councilwoman Pedersen moved to approve the subd£v£sion exemption; seconded by Councilman De Gregorio. Councilman Behrendt asked why exempt this project when the City may be likely to get four huge structures. Planner Bill Kane said the plann£ng office would like to implement a FAR in the residential areas, but has not done so. Albie Kern told Council the zoning controls what can be built on this property. It is zoned for two lots single family dwelling, and a duplex on the three lots. Councilwoman Johnston stated she felt this would have too much impact and should go through subdivision review. City Attorney Stuller pointed out that applicants are required to submit a floor plan only if they plan to condominiumize the building. There will be some zoning and FAR restrictions coming from P & Z in the near future that will affect this building. Council asked that this project be flagged in the building department, and if the applicant comes in for a building permit to have it checked through Council. Councilmembers De Gregorio, Parry, Wishart, Pedersen, and Mayor Standley in favor; Councilmembers Johnston and Behrendt against. Motion carried. 2. Fasching Haus. Clark sta~ed this was a request for exemption for units 4A and 4 of the existing Fasching Haus building. These units were not originally part of the Fasching condominiumization. COuncilman Behrendt asked that this be tabled so that he could Haus investigate the units. Brian Goodheim told Council that he had been asked to support this application. Goodheim stated he would on the basis that unit 4A, which is the basement, be dedicated to employee housing. Councilman Behrendt moved to table this for one meeting while it is investigated by the building department and Behrendt; seconded by Councilwoman Johnston. Included in this is consideration of drafing a specific agreement to put one unit into employee housing. Ail in favor, with the exception of Councilmembers De Gregorio and Parry. Motion carried. 3. Alpine Acres. Clark stated this subdivision exemption was merely a conveyance to the City for use as right-of-way for Gibson Avenue, The land will be not used for development purposes. Alpine Acres Councilman De Gregorio moved to approve the subdivision exemptiOn; Seconded by Council- woman Johnston. All in favor, motion carried. 4. Mill Street Venture. City Engineer Dave Ellis told Council the applicant had applied for a building permit in May, When Building Inspector Meyring inspected the survey, he Mill Street I found the applicant claimed their property extended into the City's right-of-way on Venture North Mill street. The future plans call for the City widening Mill street. Ellis stated if the applicant would deed this property to the City and consolidate their curb cuts, it would be in the best publfc interest. If the applicant does deed property to the City for a right-of-way, then the applicant will have to get a variance from the Board of Adjustment. They will be under the 25 per cent required open space. The City is asking for a strip of land 250 x 25, which will ultimately provide a 80 foot right-of-way for North Mill Street. The applicant has agreed to work with Morse to provide an easement to the adjacent Aspen One property. Councilman De Gregorio moved to approve the subdivision exemption; seconded by Councilman Parry. All in favor, motion carried, 5. Tveite. Clark told Council this is an application for subdivision exemption for an ~. existing duplex in West Aspen subdivision. The P & Z reviewed this and recommended ~veite approval of the exemption. Mayor Standley asked if the rental restrictions were placed on this application. Clark answered that the P & Z did not make that a condition in i this particular case. Mayor Standley stated he was not interested in short term rental ~_~ units, and wanted an agreement drafted that the units must be owner.occupied x per cent of the time. Gideon Kaufman suggested that the restric~i~i~i~be six moats rental or two rentals per year. Councilwoman Pedersen moved to exempt from subdivision with the contingency of a six month rental or two rentals per year besides the owners; seconded by Councilman De Gregori Ail in favor, motion carried. 6, Frey, Clark told Council th~s is a reguest for exemption from subdivision for lots A through F, Block 18, which includes the existing Hobbit House. The subdivision would consist of the development of two single family houses plus the Hobbit House. The play :Frey ~ubdivision area for the Hobbit House will be large enough to satisfy State regulations for child care facilities. Exemption Councilman Behrendt moved to grant the subdivision exemption; seconded by Councilwoman Pedersen. All in favor, with the exception of Councilwoman Johnston. Motion carried. HOUSING PLAN Brian Goodheim present a resolution from P & Z establishing a housing plan for the City of Aspen to go along with the bonus housing zoning in the downtown district. Mayor Standley pointed out that there is no City/County Housing authority, and there is no Housing established housing policy. It would seem that the City should be getting a housing Plan policy together before enacting this type of legislation. FHA and HUD have a different definition of a housing authority than does Pitkin County. If Pitkin County starts taking an activist role, Mayor Standley stated he would rather see the City get the ground rules laid out. Mayor Standley said that Council should table action on this and establish a housing authority together that complies with the two Federal agencies. Goodheim said it would make it simpler for him if there was a City/County housing authority with guidelines the same for projects in the City and County. Council set a tentative study session with the County Commissioners to try to establish a housing authority, housing policy and goals. This was set for Wednesday, December 1 at 5:00 p.m. Mayor Standley asked City Attorney Stuller to summarize the City's current legislation that impacts employee housing. Councilwoman Johnston moved to table ~his housing place until December 13; seconded by Councilman De Gregorio. All in favor, motion carried. MIDLAND/PARK ANNEXATION Brian Goodheim told Council he had submitted a petition for annexation, legal description Midland/ and map. Goodheim stated he wanted parallel approvals in the City and County~ the process Park will be stopped in the County until it is at an equal place in the City. Annexation Councilman Wishart moved to read Resolution #21, Series of 1976; seconded by Councilman De Gregorio. All in favor, motion carried. RESOLUTION ~21 (Series of 1976) WHEREAS, there has been presented to the City Council for its consideration a Petition for Annexation concerning a tract located in Pitkin County, Colorado, and described with particularity in Exhibit A, attached hereto and incorporated by this reference, and WHEREAS, said Petition signed by representatives of both the Pitkin County Housing Authority and the Board of County Commissioners of Pitkin County, Colorado, has been determined by the City Council to satisfy the requirements of Section 31-8-107 (1) (c) C.R.S. 1973, a part of the Colorado Municipal Annexation Act of 1965, and WHEREAS, it is 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 November 22, 1976, and submitted by the housing authority and Board of Commissioners for annexation of a tract of land described in Exhibit A, 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. Councilman Parry moved to adopt Resolution #21, Series of 1976; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE %60, SERIES OF 1976 - Historic Zoning of Main Street. Ord. 60 Mayor Standley opened the public hearing. John Stanford, planning office, told Council H designat] historic designation of M~in street has the same legal implications as the commercial Main ST. core historic district. Both HPC and P & Z recommended approval by resolution. Stanford submitted documents to the records. P & Z felt that historic designation was compatible with the plan of the city, and supports preserving historic buildings. Main street is in compliance with the Office district, which has been adopted. Mayor Standley stated that in designating the uses in the historic district so specifical] /, some uses have been eliminated Perhaps the uses should be dealt with in a case-by-case basis. Kane stated there was a need to create a higher economic use for these buildings to preserve them and to realize better income potential. The uses recommended are not growth nor traffic generators, and could be compatibly located in historic residences. Mayor Standley closed the public hearing. Councilman De Gregorio moved to read Ordinance #60, Series of 1976; seconded by Council- woman Pedersen. All in favor,motion carried. ORDINANCE a60 (Series of 1976) AN ORDINANCE DESIGNATING AS AN HISTORIC DISTRICT ALL OF THOSE PROPERTIES ABUTTING (ON THE NORTH AND SOUTH) MAIN STREET BETWEEN MONARCH AND SEVENTH STREETS, AND ALL OF PAEPCKE PARK, WITHIN THE CITY OF ASPEN; WHICH AREA IS MORE PARTICULARLY DESCRIBED AS LOTS K., L, M, N, O, P, Q, R AND S OF BLOCKS 18, 24, 30, 37, 44, 51, 58, 66, 73; LOTS A, B, C, D, F, G, H AND J OF BLOCKS 19, 25, 31, 38, 45, 52, 59, 74; AND ALL OF BLOCK 67 OF THE ORIGINAL ASPEN TOWNSITE was read by the city clerk. Councilwoman Pedersen moved to adop5 Ordinance 960, Series of 1976, on second reading; seconded~by Councilwoman Johnston. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~61, SERIES OF 1976 Historic Designation of Shoenberg Residence Mayor Standley opened the public hearing. John Stanford told Council this residence Ord. 61 was located on Main street next to the Gypsy Woman. Stanford submitted documentation H zoning that goes along with this zoning and a recommendation from P & Z. This designation is Shoenberg a request from the applicant in order to enjoy the office zone. Mayor Standley closed the public hearing. Councilman Behrendt moved ~o read Ordinance ~61, Series of 1976; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~61 (.Series of 1976) AN ORDINANCE DESIGNATING THE SHOENBERG RESIDENCE (LOTS D AND E OF BLOCK 74~ ORIGINAL ASPEN TOWNSITE) AS AN HISTORIC STRUCTURE AND SITE PURSUANT TO ARTICLE IX OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~61, Series of 1976, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Behrendt, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~62, SERIES OF 1976 - Historic Designation of Terese David residence Mayor Standley opened the public hearing. There were no comments. Mayor Standtey closed the public hearing. Ord. 62 H zoning Councilman Parry moved to read Ordinance ~62, Series of 1976; seconded by Councilman Terese David Wishart. Ail in favor, motion carried. ORDINANCE ~62 (Series of 1976) AN ORDINANCE DESIGNATING THE TERESE DAVID PROPERTY (LOTS K~ L AND M OF BLOCK 73, ORIGINAL ASPEN TOWNSITE) AS HISTORIC STRUCTURES AND SITE PURSUANT TO ARTICLE IX OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance #62, Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Wishart, aye; Pedersen aye; Parry, aye; Johnston, aye; De Gre~orio, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #64, SERIES OF 1976 - Holy Cross Franchise Mayor Standley opened the public hearing. The franchise agreement has not yet been drawn up. Mayor Standley closed the public hearing. Ord. 64 Holy Cross Councilman Behrendt moved to table Ordinance ~64, S~ries of 1975; seconded by Councilwoma Franchise Johnston. All in favor, motion carried. ORDINANCE ~68, SERIES OF ~976 - Prohibit Vehicular Traffic in Alleys 88 and 89 Mayor Standley opened the public hearing. Mayor Standley stated a memorandum had been Ord. 68 received from traffic control officer Thoreson listing the reasons not to close alley Prohibit 88, behind the Brand building, but only to close alley 89, behind the Red Onion. Council Traffic in agreed.~that alley 88 should not be closed. Mayor Standley closed the public hearing. Alleys 88 and 89 Councilman Behrendt moved to read Ordinance 968, Series of 1976, as amended, deleting alley 88; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE 968 (Series of 1976) AN ORDINANCE REPEALING AND REEANCTING SUBSECTIONS (a) AND (b) OF SECTION 22-12.1 OF THE ASPEN MUNICIPAL CODE; WHICH AMENDMENTS PROHIBIT VEHICULAR TRAFFIC ALLEY 89 EXCEPT BY PERMIT ISSUED BY THE CITY MANAGER OR IN CASE OF EMERGENCIES was read as amended by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~68, Series of 1976, as amended on second reading; seconded by Ccuncilwoman Johnston. Roll call vote; Councilmembers Wishart, aye; Pedersen, aye; Parry, aye; Johnston, aye; De Gregorio, aye; Behrendt, aye; Mayor Standle aye. Motion carried. November 22, 1976 ORDINANCE ~71, SERIES OF 1976 -Repealing Section 22~14 Ord. 71 Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed the public hearing. Repealing Sec. 22-14 Councilwoman Johnston moved to read Ordinance 971, Series of 1976; seconded by Council- woman Pedersen. All in favor, motion carried. ORDINANCE #71 (Series of 1976) AN ORDINANCE REPEALING SECTION 22-14 OF THE ASPEN MUNICIPAL CODE WHICH SECTION INCLUDES A PENALTY ASSESSMENT SCHEDULE AND ESTABLISHES PROCEDURES FOR ENFORCEMENT OF TRAFFIC VIOLATIONS was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance 971, Series of 1976, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, aye; Johnston, aye; Pedersen, aye; Parry, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE #72, SERIES OF 1976 - Dogs Prohibited in Mall Area Mayor Standley opened the public hearing. Ord. 72 Prohibiting 1. Patty Siefert stated she was vehemently opposed to this ordinance. Ms. Siefert Dogs in stated she helped to pay for the mal'l with her taxes dollars and has a right to use the Mall mall to walk her dog on a leash. If this ordinance passes, people will have to walk blocks out of their way to go around the mall. The purpose of the mall is to be used. Dog owners should be educated to know that dog droppings are litter and should be cleaned up. Receptacles should be provided for dog droppings. Perhaps this could be provided for by an additional charge on dog tags. 2. Mary Paton said she considered beautiful dogs in the mall one of the attractions of the town, part of the character of Aspen. It is against the character of the town to make the central core of Aspen a sterile place. People who own dogs can be responsibl~ for picking up after their pets. There are other solutions to this problem than banning dogs from the mall. 3. Myrtis Mixon stated she walked her dog every day and did errands with~the_~dog on a leash. It is hard to do errands and by-pass the mall. Ms. Mixon stated she worked for the mall extension. This ordinance would be saying that people cannot use what they have. Ms. Mixon agreed that dogs should not be tied to trees in the mall, or anywhere. Tying racks might help; also a doggie sandpit in one section would help. 4. Terese David told Council that since 1950 she had worked for malls in the City of Aspen, but had she known the City would ban dogs, she would not work for the malls. 5. Whitney Wolfe said that if a law is broken too often, and this one will be, then it is time to seek alternatives to the problem. Ms. Wolfe outlined the community experience she had in New York regarding dog pollution, including pooper-scoopers and plastic bags for feces. Dog owners should be responsible for their pets. Ms. Wolfe said it might be worthwhile to give the community a chance to express consideration for each other by allowing guidelines for pets. 6. Chris Manuel said she felt that reasonable control of one's dog should not include a dog being on a leash. Mayor Standley closed the public hearing. Councilman Behrendt stated he felt some of the problems with dogs in the mall could be solved by having dogs on a leash at all times and not allowing people to maintain dogs long in one place. This idea ought to apply to a larger area than just the mall. Mayor Standley pointed out that tying dogs to trees kills the trees and results in dogs not being in direct control of their owner~ A stricter dog control ordinance should be expanded to include the commercial core. Mayor Standley stated if the City had to maintain the apparatus for dog feces, and the apparatus is not these; this becomes the City's responsibility and City's fault. Councilman Wishart suggested the Council defeat this ordinance and appeal to the citizens to work with the animal wardens and come up with a more workable ordinance. Council agreed; Bill Grikis, animal warden, stated there already was an advisory board establishe( and he would contact them. Councilman Behrendt moved to read ordinance #72, Series of 1976; seconded by Councilman De Gregorlo. All in favor, with the exception of Councilman Behrendt. Motion carried. ORDINANCE #72 ~Series of 1976) AN ORDINANCE AMENDING THE DOG CONTR05 CODE OF THE CITY OF ASPEN BY THE ADDITION OR SECTION 5-38 THERETO WHICH SAID SECTION MAKES IT UNLAWFUL TO BRING OR TETHER ANY DOG IN ANY PEDESTRIAN MALL AREA (AS NOW EXISTS OR MAY BE EXPANDED) AND IMPOSING A PENALTY ASSESSMENT THEREFORE IN THE AMOUNT OF TWENTY DOLLARS was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance 972, Series of 1976, on second reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Behrendt,nay; De Gregorlo, nay; Johnston, nay; Wishart, nay; Pedersen, nay; Parry, nay; Mayor Standley, nay. Motion NOT carrled. Regular Meeting Councilman Behrendt suggested that City Attorney Stuller write up an Ordinance expanding the non-tying up law and put a penalty assessment on cleaning up after your dog. Mayor Standley stated there is already a law on the books against tying to public property. Councilman Behrendt moved that City Attorney Stuller draft an ordinance against tying up one's dog and to provide for penalty for people who do not clean up after dog feces in the downtown area; seconded by Councilwoman Pedersen. Councilman Wishart pointed out it would not solve the problem to come back with another ordinance. This problem should involved the citizens interest and the dog wardens. Council asked that these suggestions go to the citizens advisory board and come back to Council with an ordinance at the next meeting. Councilman Behrendt withdrew his motion; Councilwoman Pedersen withdrew her second. CITY MANAGER 1. Aspen Sanitation District - Snow Dumping'. Mayor Standley explained to Council that Aspen Sanitation District declined the City's request to maintain the snow dumping Aspen San. facility on Aspen San's property right next to the river. Aspen San identified several District problems; Sanitarian Tom Dunlop responded with satisfactory explanations; however, the Snow Dumping Board of Aspen San did vote against this. Assistant City Manager Art Hougland stated that he was still negoti~ng for places to dump snow, and asked that this be tabled. Councilman Behrendt moved to table action on this for more time to negotiate; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE ~69, SERIES OF 1976 - Rezoning of Alpine Acres Lennie Oates told Council that subsequent to last meeting, the applicant, Nick Coates, Ord. 69 met with the home owners in this area and went over the project. A spokesman for the Rezoning homeowners told Coates they would like to see the property zoned R-15 mandatory PUD Alpine and leave it up to P & Z and Council to determine how the project should be planned. Acres Oates stated he would like a public hearing set for the zoning of this property to R-15. CouncilmHn Parry moved to read Ordinance ~69, Series of 1976; seconded by Councilman Behrendt. All in favor, motion 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 PURSUANT TO ORDINANCE NO. 33, SERES OF 1976, AND THE COLORADO MUNICIPAL ANNEXATION ACT was read by the city clerk. Councilwoman Pedersen moved to adopt Ordinance ~69, Series of 1976, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Johnston, nay; Parry, aye; Behrendt, nay; De Gregorio, aye; Pedersen, aye; Wishart, aye; Mayor Standley, nay. Motion carried. ORDINANCE ~73, SERIES OF 1976 Historic Designation of Ross Residence Councilman Wishart moved to read Ordinance ~73, Series of 1976; seconded by Councilman De Gregorio. All in favor, motion carried. Ord. 73 H zoning ORDINANCE ~73 Ross (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 Johnston moved to adopt Ordinance ~73, Series of 1976, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Behrendt, aye; De Gregorio aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion Carried. ORDINANCE ~74, SERIES OF 1976 - Impoundment of Cats Councilman De Gregorio moved to read Ordinance ~74, Series of 1976; seconded by Council- man Behrendt. All in favor, motion carried. Ord. 74 Impoundment ORDINANCE ~74 of Cats (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 HERE TO was read by the city clerk. Councilman Behrendt moved to adopt Ordinance ~74, Series of 1976, on first reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Wishart, aye; Behrendt, aye; De Gregorio, aye; Pedersen, nay; Johnston, aye; Parry, aye; Mayor Standle' nay. Motion carried. ORDINANCE ~75, SERIES OF 1976 - Annexing Lot 2, Block 2, Pitkin Mesa Councilwoman Pedersen moved to read Ordinance ~75w Series of 1976; seconded by Councilman Parry. All in favor, motion carried. Ord. 75 Heller ORDINANCE #75 Annexation (S~ries of 1976) AN ORDINANCE ANNEXING A TRACT OF LAND OWNED BY NICK HELLER CONSISTING OF LOT 2, BLOCK 2, PITKIN MESA SUBDIVISON, WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the city clerk Councilman Parry moved to adopt Ordinance #75, Series of 1976, on first reading; seconded by Councilwoman Pedersen. Councilwoman Johnston asked if this would change the density. Gideon Kaufman answered it would not. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, aye; Wishart, aye; Pedersen, aye; Johnston, aye; Parry, aye; Mayor Standley, aye. Motion carried. ORDINANCE #76, SERIES OF 1976 - Annexing several lots in Block 1, Pitkin Mesa City Attorney Stuller explained that the applicant wants to add another parcel. Also the County is going to clean up the road before the City annexes it. Ord. 76 Dittmar Councilwoman Pedersen moved to table Ordinance #76, Series of 1976; seconded by Council- Annexation woman Johnston. Ail in favor, motion carried. ORDINANCE $77, SERIES OF 1976 Dog Control Councilman Behrendt moved to read Ordinance $77, SEries of 1976; seconded by Councilwoman Johnston. All in favor, motion carried. Ord. 77 Dog ORDINANCE #77 Control ~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 to adopt Ordinance #77, Series of 1976, on first reading; seconded by Councilwoman Johnston. Roll call Councilmembers Wishart, Pedersen, aye; Parry, aye; Johnston, aye; De Gregorio, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE $78, SERIES OF 1976 Amendment to Building Code requiring prior approval of Meter Installation Ord. 78 Installatic Councilwoman Pedersen moved to read Ordinance #78, Series of 1976; seconded by Council- of electricl woman Johnston. Ail in favor, motion carried. meters ORDINANCE a78 (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, seconded by Council- woman Johnston. City AttorneM Stuller explained that the building inspector wants the abaility to ~eny / installation of electric meters if he feels that the building is illegal. The building inspector does not want Holy Cross installing meters until it comes across his office. Roll call vote; Councilmembers Behrendt, aye; De Gregorlo, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE $79, SERIES OF 1976 - Appropriation Ordinance, Sixth and Seventh Penny Ord. 79 Councilwoman Pedersen moved to read Ordinance #79, Series of 1976; seconded by Council- Appropria- woman Johnston. All in favor, motion carried. tion 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 first reading; seconded by Councilwoman Johnston. B~ll call vote; Councilmembers Johnston, aye; Pederse~ aye; Parry, aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Mayor Standley, aye. Motion carried. !2 22 Regular Meeting Aspen City. Council November 22, 1976 ORDINANCE ~80, SERIES OF 1976 - Appropriation from Street Improvement District Councilwoman Pedersen moved to read Ordinance ~80, Series of 1976; seconded by Council- Ord. 80 woman Johnston. All in favor, motion carried. ~ Appropriatior'~ ORDINANCE ~80 CSeries 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 980, Series of 1976, on first reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers De Gregorio, aye; Wishart, aye; Parry, aye; Pedersen, aye; Johnston, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #81, SERIES OF 1976 - Homes for the Aged Councilwoman Pedersen moved to read Ordinance ~81, Series of 1976; seconded by Council- woman Johnston. All in favor, motion carried. Ord. 81 Homes for ORDINANCE #81 Aged (Series of 1976) AN ORDINANCE AMENDING SECTION 24-317 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 1~76, on first reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, nay; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. TEMPORARY APPOINTMENT OF MUNICIPAL JUDGE Leonard Oates Councilman Behrendt moved to appoint Leonard Oates as temporary Municipal Judge so that Municipal he can marry a frisnd; seconded by Councilwoman Pedersen. All in favor, with the excepti~ Judge of Councilman Wishart. Motion carried. Councilwoman Pedersen moved to adjourn; seconded by Councilman Behrendt. All in favor, motion carried. Meeting adjourned at 9:25 p.m. Hauter, City Clerk