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HomeMy WebLinkAboutminutes.council.19880725Regular Meeting Aspen City Council July 25, 1988 STATE HISTORIC PRESERVATION PLANNER 1 PROCLAMATION - SCULPTURE WEEK 1 PRESERVATION OF MAROLT HOUSE 1 CITIZEN COMMENTS 2 COUNCILMEMBER COMMENTS 5 CONSENT CALENDAR 7 RFTA SUPPLEMENTAL BUDGET APPROPRIATION 8 ORDINANCE #28, SERIES OF 1988 - Agency Reorganization 9 ORDINANCE #29, SERIES OF 1988 - Appropriations 10 SNOW MELTER PURCHASE AGREEMENT 10 CONTRACT AWARDS - Ice Garden 11 SUBDIVISION EXCEPTION - 520/530 Riverside (Semper Fi) 12 PUD AMENDMENT - Villas of Aspen Townhouses 14 RESOLUTION #20, SERIES OF 1988 - Marolt Ranch Exhibit 16 MONARCH/DOWNTOWN ~.CRUCK TRAFFIC 18 21 Reclular Meeting Aspen City Council July 25, 1988 Mayor Pro Tem Fallin called the meeting to order at 5:00 p.m. with Councilmembers Tuite, Isaac and Gassman present. STATE HISTORIC PRESERVATION PLANNER Chris Pfaff, Colorado Historical Society, told Council their agency is funded by the National Parks Service, the Department of Interior and the state legislature. Their charge is to protect and preserve cultural resources in Colorado. Ms. Pfaff told Council her office administers federal and state programs dealing with archeological and historic resources. Some of these programs are the financial register for historic places, the federal investment tax credits for rehabilitating historic properties and the certified local government program. Ms. Pfaff said the latter is a federal program for a partnership between the state office and the local government. Ms. Pfaff said a certified local government is one that has an established program that meets certain criteria. Aspen is one of these with a local preservation ordinance, historic guidelines, and preservation as part of the master plan. Ms. Pfaff said a certified local government is eligible to apply for matching grants from the state office. Ms. Pfaff said Aspen has received funding from the state office to do a number of preservation programs. Ms. Pfaff said the state is required to assess a certified local gov ern- ment's program on a 3 year basis. Jay Yanz, Colorado Historical Society, told Council Aspen is fortunate to have such a diverse character of architecture. Yanz said what is significant is that there are historic buildings, but there are also buildings from the beginning of the ski era, which will soon be significant in their own right. Yanz said the issue of historic architecture is one that is evolving and growing. PROCLAMATION - SCULPTURE WEEK Mayor Pro Tem Fallin read a proclamation declaring June 17 to 23, 1988 as Aspen Sculpture Week and to recognize Laura Donnelly's work in the sculpture garden on Hopkins street and the work of the Aspen Art Museum featuring outdoor sculpture. PRESERVATION OF MAROLT HOUSE Georgeann Waggaman, HPC, said she was concerned that Council is considering tearing down the Marolt house. Ms. Waggaman told Council she has researched the property. The Marolt house is considered to be part of the Holden/Marolt complex, including the large barn, the small outbuilding and the lixiviation works room. Ms. Waggaman said the house is most likely eligible for listing on the National Register for its historical integrity. Ms. 1 Regular Meeting Aspen City Council July 25, 1988 Waggaman told Council the house was built in 1890 and served as the original office of the Holden lixiviation works. Ms. Waggaman told Council there have been few changes to the house since the Marolts purchased it in the 1930's. The foundation and fireplace were built with stones hand picked from Maroon Creek. Ms. Waggaman said the house warrants further study for its preservation. The house meets the standards f or local landmark designation. It is recommended that the city apply to HPC to begin the designation process. Ms. Waggaman said the Holden Marolt property is representative of the mining and ranching era of Aspen. Ms. Waggaman told Council HPC will be evaluating this at the July 26 meeting. Ms. Waggaman said the house has been occupied for 100 years; even though this is in open space, Council should consider it is historically correct to allow the house to continue to be occupied. Ms. Waggaman told Council an old house should not be allowed to remain vacant. Ms. Waggaman said if the city were to demolish historic property it would put HPC in an untenable position because they could not ask people to preserve their buildings if the city has demolishes their own property. Mayor Pro Tem Fallin said she was told at the last Council meeting that the house had no historic significance. Mayor Pro Tem Fallin moved to reconsider the action of the last meeting and bring this on the August 8 agenda; seconded by Councilman Isaac. All in favor, motion carried. CITIZEN COMMENTS 1. Dwight Shellman, representing Roaring Fork Transit Agency, said he would like staff to follow through on some actions of RFTA. Shellman reminded Council they passed a resolution approving the cross town high frequency corridor shuttle. RFTA has re-routed the Highlands and Snowbunny buses to go on both directions along Main. Shellman requested Council have the city engineer participate with RFTA in traffic controls at Cooper & Original and Durant & Galena intersections. Shellman told Council the RFTA Board's resolution was to have stop signs installed at Cooper & Original and to ask the city engineer to consider whether traffic controls are required at Galena & Durant. Shellman said these are necessary to facilitate the bus movements. City Manager Bob Anderson said he will refer a study of both intersections to the city engineer. 2. Clair Sanderson, representing the Red Cross swimming program, brought up covering the pool. Ms. Sanderson reminded Council there have been several moves for covering the pool to accommodate more programs and more swimmers at the pool. Ms. Sanderson said to leave the pool open at night, to be able to use 2 Re4ular Meeting Aspen City Council July 25, 19.88 it when the weather is cold are good reasons to cover the pool. Ms. Sanderson said plastic bubbles have proven satisfactory in this area. Ms. Sanderson told Council Kelly Kelley has a viable program of teaching swimming and water safety, which could be enlarged to include the school athletic program. Councilman Isaac said he would like this proposal submitted to the city manager for Council's evaluation during budget time. City Manager Bob Anderson told Council this is far down the list on the capital needs of the parks and recreation department. Anderson said the recreation department feels this is not a very cost effective program. 3. Laura Anderson presented Council a petition signed by more than 250 people requesting Council consider enclosing the Moore pool to make it a year-round facility. Ms. Anderson said the citizens feel enclosing the pool would address important needs in the community in on-going education and water safety and affor- dable recreation. Ms. Anderson said the present facility is excellently run, and the citizens would like to see this continue the rest of the year. Ms. Anderson pointed out funds to cover the pool have been allocated in the past and withdrawn. Ms. Anderson requested Council consider this project again. Mayor Pro Tem Fallin said this program will be discussed during budget in the fall. 4. George Madsen reminded Council in the last 4 years the city has had two swimming pool committees. The first one, funded for 58,000, was to find out whether an enclosed pool could be built for 5500,000. Madsen said the conclusion was that it could. The second committee was consolidated with the ice rink committee. Madsen suggested Council have a financial feasibility study done to find out how much it would cost the city to cover the pool on an operating basis. Madsen said the city could hire someone who knows about winter use of swimming pools, find out how many people would pay to use the swimming pool against the cost to cover the pool. Mayor Pro Tem Fallin said these all have to discussed before the 1989 budget requests. 5. Bil Dunaway told Council many residents are appalled with the rapidity with which small houses are being torn down for larger duplexes. Dunaway said most of these houses do not have historic designation but all of them have provided permanent housing for Aspenites. Dunaway said the planning office has a concept of charging an impact fee for demolitions. Dunaway said he feels the city should adopt a moratorium and study this. If the city waits much longer, there will not be any small houses left. Councilman Isaac said he had not realized the impact assessment on demolition was being put off f or a land use plan. Councilman 3 Regular Meeting Aspen City Council July 25, 1988 Isaac said he would like to see this ordinance proceed, to address the impacts of having employees sent down valley. Alan Richman, planning director, said he is very concerned about jumping into this. Richman said impact fees may not be the right answer. Richman said there are some serious things to think about before the city jumps into a major regulation. Richman said this is a big problem and not one to put off for months and months. Richman said every time the city discusses clamping down or putting on a moratorium, activity is incited in that area. Councilman Gassman said he does not want a moratorium but would like to schedule a general discussion of the problem and some approaches. Councilman Isaac moved to put the discussion of the impact of demolitions of homes on the August 8 agenda; seconded by Mayor Pro Tem Fallin. All in favor, motion carried. Dunaway said the discussion will take time, and in the past when Council has been faced with things like this, they have enacted a moratorium. These houses are being torn down in a hurry. 6. Mary Martin brought up the Marolt house and said that in the city Code, nothing can be demolished on city-owned property without voter approval. Ms. Martin said when Council puts an item on the agenda, like the septic tank, they should only vote on the item on the agenda. Ms. Martin said legally Council cannot vote on something that is not on the agenda, like they did at the last meeting. Ms. Martin requested Council rescind that vote and allow an open hearing at the next meeting. Ms. Martin said Ordinance #14, 1982, states, "Council shall not sell, dispose or exchange of public building, utilities or real property for the use of public purposes including real property acquired to open space purposes without voter approval.. Second, the City Council shall not cause or permit a change in the use of the real property acquired for open space purposes other than for recreation, agriculture or underground easement purposes without obtaining a vote of approval of the majority of the electors". Ms. Martin questioned the legality of the bridge connecting this open space property without a vote of the property because that was purely recreational. Ms. Martin said if the Marolt property is to be used for recreation, it should have had a vote of the electorate. If this property is being used recreationally, it should be treated as recreation. Ms. Martin said the Historical Society is requesting 1.9 acres of sheds and barn for national register purposes. Ms. Martin said the house should be kept, and if the land is used recreationally, there should be a vote of the people. 7. Gideon Kaufman said the Council has not had a pay raise in 8 years. Kaufman pointed out the Council gets paid less than the 4 Re4ular Meeting Aspen City Council July 25, 1988 Pitkin County Commissioners. Kaufman suggested Council discuss a pay raise. People may want to run in the next election based on this. Councilman Isaac said he feels this is worthy of discus- sion. Councilman Isaac said the Council puts a lot of time in. It may discourage people from running f or office because the pay is not adequate. Mayor Pro Tem Fallin suggested this be dis- cussed during Council budget. Councilman Gassman said he is opposed to discussing this. Councilman Isaac said he feels it is important the community has a say in this issues. Councilman Isaac moved that Council salaries be discussed during budget hearings; seconded by Mayor Pro Tem Fallin. Council requested surveys of some other city's salaries and the amount of time that is put in. All in favor, with the exception of Councilman Gassman. Motion carried. COUNCILMEMBER COMMENTS 1. Mayor Pro Tem Fallin commended the parks department for the work they are doing on the golf course; it is looking beautiful. 2. Councilman Isaac requested the snow melt contract be taken off the consent agenda. 3. Councilman Tuite said he read an article in the newspaper regarding false alarms and the police department not responding if the alarms do not have a permit. Councilman Tuite said before any action is made by staff he would like to get Council invol- ved. City Manager Bob Anderson said this is being discussed by staff. The ordinance is not clear so the police department is responding. Anderson told Council staff is planning to bring an ordinance recommending the city not respond unless the alarms are licensed. 4. City Manager Bob Anderson said two information items are also included in his report; the detox center grant application and the impound lot report. The staff is continuing to work on the impound lot. John Goodwin, police chief, told Council they are applying for a grant for the detox center. Goodwin told Council over the next 4 years the amount of the grant will lessen and the police department will have to seek money from other sources. 5. Councilman Gassman brought up the letter of credit for Hadid. Councilman Gassman said he does not feel that the city attorney is an expert on financial instruments. Councilman Gassman said he would like someone who has experience with these 5 Regular Meeting Aspen City Council July 25, 1988 types of things involved from the city's point of view. Council- man Gassman said the Council should have some recommendation and then this should be a formal Council action, not a city manager action, to waive $800,000 of cash the city has in the bank. City Manager Bob Anderson disagreed but said he is open to suggestions. Perry Harvey, representing the applicant, told Council the PUD agreement states the method by which the appli- cant will make f inancial assurances. Harvey said this is an administerial decision. Harvey said cash is not mentioned as one of the options in the PUD agreement. The agreement mentions site draft, letter of credit, financially responsible lender. Harvey said when there is a bona fide construction loan in place, the construction lender will issue a statement to the city that a certain amount is held aside out of the construction loan to fund certain improvements and will not be spent for anything else. Councilman Gassman said in the light of the county's recent experience, he is not qualified to evaluate whether this makes sense or not. Councilman Gassman said if the city is going to accept this letter of credit, he wants an opinion from someone who is qualified. Harvey said the city has an opinion from First Interstate Bank of Denver requested by Bob Anderson. Anderson said this bank stands to be an additional guarantor or advisor on the instrument which comes from Irving Trust. Anderson sug- gested the city's financial advisor, Joe Barrows, help on this. Councilman Gassman said he feels that would be prudent. Fred Gannett, city attorney's office, said Council may also want to extend the date of expiration, which is January 1989. John Sarpa, representing the applicant, reminded Council they posted 51,800,000 in cash with the city. The applicant is writing a letter of credit for 5800,000. The applicant is in progress of 5600,000 of work. The city still has in hand cash of 51,000,000. Sarpa told Council they went to a reputable bank in Washington and because of the sensitivity of letter of credits, the city wanted this letter of credit confirmed. Sarpa said they also went to a New York bank and had them confirm this letter of credit. Sarpa said if the letter comes due and National Bank of Washington does not pay it, then Irving Trust will pay the letter. Sarpa said they offered to have First Interstate Bank of Denver confirm this letter. First Interstate Bank wrote a letter to the city assuring them of this letter of credit. Sarpa pointed out there are 3 layers of back up and protection for the city. Councilman Gassman said he would f eel negligent if this were not looked into. Councilman Tuite moved to send the agreements to Joe Barrows; upon favorable approval, to go ahead and allow the letter of 6 Regular Meeting Aspen City Council July 25, 1988 credit to be substituted. If Barrows disapproves, the city does not do it; seconded by Councilman Isaac Councilman Gassman said he would still like an action of Council and would like to know what Joe Barrows says. Harvey said the applicants would like to expedite this. If Barrows sonp said he acceptable to staff, they would like approval. Ander will have this sent to Barrows; he would also like Paul Taddune to look at the final form. Anderson told Council the advisory bank, First Interstate of Denver, has yet to advise him f ormally this is all right. Anderson said all 3 of these have to trigger before the letter of credit will be approved. All in favor, with the exception of Councilman Gassman. Motion carried. CONSENT CALENDAR Council moved the snow melt purchase agreement to the first action item. Councilman Isaac moved to approve the consent calendar; seconded by Councilman Tuite. The consent calendar is A. Liquor License Renewals - Downtown Sports Center; Paradise Club; Sygyzy B. Liquor License Stock Transfer - Andre's C. Minutes - June 27, July 11, 1988 D. Resolution #19, 1988 - Smuggler Mountain Develop- ment E. Z Car Exhibition F. Use of Wheeler Opera House - ASAP G. City Attorney Contract H. Amendment to Wing Ding Approval All in favor, motion carried. City Manager Bob Anderson pointed out that Fred Gannett would like to vacation accrue at the rate of 15 days a year to recog- nize his former service. Anderson told Council there is an agreement between the city and county when employees transfer back and forth, they keep their seniority. Gannett has worked for the sheriff and has worked for the city through Paul Taddune. Anderson said he does not feel this is an unreasonable request. Anderson said Gannett would like to keep his judgeship, which takes about half a day a week. Anderson said Gannett expects to work more than 40 hours a week for the city. Council said these were agreeable. 7 Regular Meeting Aspen City Council July 25, 1988. RFTA SUPPLEMENTAL BUDGET APPROPRIATION Paul Hilts, representing RFTA, pointed out the unanticipated expenditures. One is RFTA has rented vans from Snowmass Village to use during the off season. The budget was 512,400; RFTA will need an additional 525,000 for a total of 537,4000. Hilts told Council in the 1987 510,000 was budgeted for the aerial tram study; only 5700 was spent. There is 59300 remaining and RFTA is asking for an additional 530,700 for a total of 540,000. Hilts told Council 520,000 is from RFTA; 510,000 each will be con- tributed from the Skiing Company and Snowmass Village. Hilts said Skytram will be matching that for a total of 580,000. Councilman Isaac asked the status of Skytram. Councilman Tuite said for what is wanted, the technology is just coming on line; the viability is still in question. Councilman Isaac said he does not want to spend 540,000 on something that is not going to happen. Councilman Tuite said this project is visionary but if it goes, it could be the solution to the valley's traffic problems. Councilman Isaac suggested holding off until the technology improves. Councilman Tuite said this project is forcing the technology, and Skytram has made representations that this can work. Councilman Isaac said he is not supportive of throwing more money to this effort. Councilman Isaac said the last figures he saw were 50 percent more than originally thought. The technology is not available yet. Hilts said the technology is used in various forms now, but has never been done specif- ically in what Pitkin County is interested in. Councilman Tuite said this study should find whether it can be done, the costs involved, and what it will take to get it done. Councilman Isaac said he would like Skytram to fund whether this can be done or not. Councilman Gassman agreed with Isaac and said this is something that can go on and on and keep costing more money. Councilman Gassman said he would rather someone else fund the study. Councilman Isaac moved to remove the support for the Skytram study; seconded by Councilman Gassman. City Manager Bob Anderson said this is also a question of intergovernmental relationships. The Ski Company, county and RFTA have voted to leave this in. Council should consider this effect. Councilman Isaac said he would like to send a message the city is taking away their support. Councilman Isaac said he would rather concentrate on bus service. Councilman Tuite said RFTA is not doing anything they wouldn't be doing by spending this money. 8 Reaular_Meeting Aspen City Council July 25, 19.88 Councilmembers Isaac and Gassman in favor; Councilmembers Tuite and Fallin opposed. Motion NOT carried. Hilts said RFTA will purchase 5 "van conversion" minibuse s at $50,000 each to run during the off seasons. These will be available for use next spring. Councilman Tuite said RFTA was excited about using Snowmass buses; however, the buses were called back because Snowmass needed. Councilman Tuite said there may be a new client for RFTA who will be able to use these buses. Hilts pointed out there unanticipated revenues of $35,000 in sales tax. There are carry over projects of $64,694; small purchase of the UMTA bus maintenance facility grant; the remain- der of the bus stop shelter projects of 524,107. Park and ride is a continuing project in 1988 which will pave some of the parking lots at a cost of 515,000. The last is purchasing lockers for Rubey Park transit center of 524,660. Councilman Tuite reminded Council P & Z requested lockers and racks for skis. RFTA got bids on this, and found out this would generate enough revenue for RFTA to place them and pay them off. Hilts said this resolution appropriates 5488,000 from the operations to the capital projects fund. Mayor Pro Tem Fallin opened the public hearing. There were no comments. Mayor Pro Tem Fallin closed the public hearing. Councilman Tuite moved to approve RFTA resolution 88-5; 1988 supplemental budget appropriation; seconded by Councilman Gassman. All in favor, with the exception of Councilman Isaac. Motion carried. ORDINANCE #28, SERIES OF 1988 - Agency Reorganization City Manager Bob Anderson said this separates planning and zoning into a department and dissolves the community development agency. Mayor Pro Tem Fallin opened the public hearing. There were no comments. Mayor Pro Tem Fallin closed the public hearing. Councilman Isaac moved to adopt Ordinance #28, Series of 1988, on second reading; seconded by Councilman Tuite. Councilman Tuite asked Anderson if he feels this is a worthwhile system or is it creating more layers of government. Anderson said this is not creating more layers because the city did not hire any new people. Anderson said he felt it was better to break up the agency concept in the planning area than to bring in another employee. Anderson said there would be better admin- istration of each cluster if there were people hired to be pure administrators; however, the city is not of a scale to afford this. 9 Regular Meeting Aspen City Council July 25, 1988_ Roll call vote; Councilmembers Isaac, yes; Tuite, yes; Gassman, yes; Mayor Pro Tem Fallin, yes. Motion carried. ORDINANCE #29, SERIES OF _1988 - Appropriations Cindy Wilson, finance director, pointed out this ordinance includes an 518,000 appropriation for Moore pool. Council saw this request late in 1987 and said if there were savings from 1987, they would consent to these improvements. Mayor Pro Tem Fallin opened the public hearing. There were no comments. Mayor Pro Tem Fallin closed the public hearing. Councilman Isaac moved to adopt Ordinance #29, Series of 1988, on second reading; seconded by Councilman Tuite. Roll call vote; Councilmembers Gassman, yes; Isaac, yes; Tuite, yes; Fallin, yes. Motion carried. SNOW MELTER PURCHASE AGREEMENT Councilman Isaac asked the total cost of site preparation and purchasing the equipment. Chuck Roth, engineering department, said the staff is ready to issue an RFP for site design work. Roth told Council the budget is 5125,000, and staff thinks they can do the project for that amount. The machine itself is about 565,000. Councilman Isaac asked the projected operations cost for one year. Roth said staff has quoted 525,000 annually, depending on the year. Anderson said he is not sure the city will have to hire additional staff. This has to be determined. Anderson said the city will not need any additional equipment. Anderson said the city may find that two snow melters are enough to just dump the snow and take care of the load. If this is the case, no staff working a cat will be needed. Roth told Council the machine does 10 truck loads an hour. At peak times, the city does 40 trucks an hour. Councilman Isaac said he would like to be assured that this project is not going to make the situation any worse. Anderson said this is an experiment. Staff has taken videotapes and sound readings. Councilman Tuite asked what is the life expec- tancy of these machines. Ellen Archer, Trecan, told Council the first snow melter was installed in 1959 and is still in use. Ms. Archer said as long as these are maintained, they will last a long time. Roth said he identified 3 possible sites in the RFP; Jenny Adair park, the Aspen One property and the impound lot site. Roth said if the contract is approved, the city can take delivery of the machines in November. Councilman Gassman suggested that delivery time be a condition of the contract. 10 Regular Meeting Aspen City Council Julv 25, 1988 Councilman Gassman moved to approve the purchase of the snow melter with a condition that a firm delivery time of the second week in November be a condition of the contract; seconded by Councilman Tuite. Anderson asked if staff checked out purchasing a used machine. Roth said he was not encouraged that the company could refurbish either of these machines and get a warranty on it for less or the same cost. Ms. Archer said some of the used machines are owned by Quebec city, not Trecan. All in favor, motion carried. CONTRACT AWARDS - Ice Garden George Pucak, ice garden manager, told Council staff let bids for both the construction of the boards and the modifications of the refrigeration system with a completion date of October 15, 1988. Pucak told Council the manufacturers of the dasher boards solicited could not guarantee a delivery date of October 15 and declined to bid; one manufacturer bid but could not provide bonding authority. Pucak told Council the manufacturers did indicate if the dates were to be later, they would gladly bid the system. Pucak said another problem has to do with the concrete work which is necessary to put the new boards in. Pucak said much of the existing concrete was poured at different grades. The board manufacturers need the concrete in place around the rink at the same grade as the refrigerated slab. Pucak said this will necessitate some excavation and concrete work. Pucak said these costs will add about 15 percent to the total project cost. Pucak told Council staff received a refrigeration bid of $86,000, which was in compliance with the bid proposal. This firm is in position to do the refrigeration modification. Pucak said this could be done in the fall. The rink would be closed about 7 weeks for this work. The board manufacturers would need a minimum of 4 weeks to produce boards. This would put the project into the end of November to get the rink back open. Pucak said this is a difficult time for the skaters not to have any access to ice. Pucak told Council October and November are prime months for the ice rink and bring in about $40,000 revenue. The options are to do the refrigeration now and the boards later, or do the entire project in the spring. The would result in the rink being closed once rather than twice. Pucak told Council he asked how long the manufacturers could hold the board prices. If they bid the project and the city would agree to purchase the product, the manufacturer would construct the boards and hold prices until spring. The city would have to pay for the mater- 11 Regular Meeting Aspen City Council Julv 25, 19.88. ials themselves in 1988. Pucak said the same thing could be worked out with the refrigeration manufacturer. Councilman Isaac moved to do all the work in the spring; seconded by Councilman Gassman. Councilman Isaac amended his motion that the boards be rebid and if necessary the city buy any materials now to lock in the prices; seconded by Councilman Gassman. Mayor Pro Tem Fallin said she does not want to see the ice rink closed twice during the year. Everyone is used to the rink being closed in the spring. All in favor, motion carried. Councilman Isaac moved to award the refrigeration contract to Tolan; seconded by Mayor Pro Tem Fallin. All in favor, motion carried. SUBDIVISION EXCEPTION - 520/530 Riverside (Semper Fi) Cindy Houben, planning office, told Council this is a request to condominiumize an existing duplex. Ms. Houben told Council the application was submitted under the new code; however, the applicant pre-apped with the planning office when the old code was in effect and was not told of the changes, specifically the affordable housing impact fee. Ms. Houben told Council Section 1-104(b) allows the applicant to petition under parts of the old code if there is any undo hardship caused by the new code. Ms. Houben said this is a new structure and did not displace any employees. Ms. Houben told Council there are several alternatives. The affordable housing impact fee can be paid on each of the units according to the number of bedrooms. Another alternative is that the units could be deed restricted to affordable housing and not pay the fee. The third alternative is someone deed restrict their unit, the fee would not have to be paid until such time as the unit is sold on the free market. Ms. Houben recommended that both units be deed restricted and the fee be paid at such time the units are sold on the free market. Fred Crowley told Council the applicants submitted a preliminary plat. The engineering department indicated there was not an easement shown f or the road which cuts across the corner of the property. Crowley said they will grant an easement for this. Crowley said there is no recorded easement shown f or the River- side ditch, which the applicants have water rights out of. Crowley said they will show these easements. Crowley told Council this duplex was built last year. The applicants talked to the planning office in February about what had to be done to 12 Reaular Meeting Aspen City Council July 25, 1988 for a lot line adjustment. Crowley said they were not told about the housing impact fee until several months later. Councilman Isaac asked why there is not a condition for the application to join in any improvement districts, which is a standard condition. Ms. Houben said that should be added. Ms. Houben said the applicants have agreed to the six month minimum leases in the application and it is required in the zoning district. Councilman Isaac moved to grant approval of the Semper Fi condominiumization with conditions 1 and 2 and a 3rd condition stating that the applicant joint any improvement district when it is formed; seconded by Councilman Tuite. Crowley told Council one unit is already under contract. Crowley said if there was any indication during pre-application, they would hav a done this sooner. Crowley said they paid close to $65,000 in city fees in constructing this duplex. Crowley reiterated there was no warning of this fee when they had a pre- application in February. Ms. Houben said a factor involved in condominiumization is that a certain number of employees are created in condominiumizing a free market unit. The affordable housing impact fee addresses displacement and the generation of employees. Mickey Herron, representing the purchaser, told Council the seller will have to pay this fee of $6,000 for a two-bedroom unit. Crowley said no one has been displaced. The duplex has given him a home for a year and his partner a home for life. Councilman Isaac said he has a problem with waiving the fee because Council may be faced with a stream of applicants request- ing the same thing. Crowley said anyone who could prove they had a pre-application before the new code could apply. Crowley said he has correspondence outlining everything necessary to con- dominiumize. Ms. Houben said there is only one other application that is going to request waiver of the housing impact fee. Fred Gannett, city attorney's office, told Council they do not hav e the ability to waive any fees. Council does have the ability to bifurcate the process and approve part of the a pplication pursuant to the old code. Ms. Houben said it was a public process that the code was being changed; however, she did not call every pre-applicant and tell them what the changes were. Gannett pointed out the new code anticipated this type of problem and put in the ability to handle applications under both codes. Councilman Tuite asked how many units in the community will apply for this. Ms. Houben said she is only aware of one. Councilman Isaac withdrew his motion. Councilman Isaac moved to grant approval to the Semper Fi condominium with condition #2 that the applicant shall submit a 13 Regular Meeting Aspen City Council July 25, 1988. condominiumization plat and #3 that the applicant will join in an improvement district and that the impact fee for employee housing is being waived; seconded by Councilman Tuite. All in favor, motion carried. PUD AMENDMENT - Villas of Aspen Townhouses Tom Baker, planning office, told Council this is a PUD amendment for the Villas located between Hallam, Main and Eighth streets. This amendment is for the old Villas. Baker told Council P & Z approved the PUD amendment, deleting the carport aspect of the proposal. P & Z is concerned about potential highway alignments, especially the direct alignment coming in Main street. Baker pointed out the city attorney's office prepared a waiver allowing the owners on the south portion of the site to sign so that if the highway were to come through there and there was compensa- tion, these owners would waive the added value of these improve- ments. Baker said the P & Z also wanted to make sure the condominium owners as a whole are in favor of this proposal. Baker told Council this PUD amendment is done in total, rather than piecemeal like the Aspen Club. Staff reviewed the charac- ter, visual impact, landscaping, FAR, density, potential impacts to open space, and transportation. Staff found that the proposal was compatible with what exists. P & Z has recommended approval with conditions that any landscape material destroyed during construction be replaced with comparable or better material; that prior to the issuance of building permit the applicant shall, to the satisfaction of the engineering department, submit a final plat which conforms to the requirements of the Municipal Code; that the applicant shall provide documentation that the Board of Directors are acting with the support and knowledge of the homeowners, as indicated in the Association rules; that the proposed carports be deleted from the proposals; and that units 31 through 36 be required to sign the attached waiver in case the highway requires compensation on a direct connection. Welton Anderson said they have no problems with the first condition regarding landscaping. Anderson told Council there are 3 options; one is doing all the units at once and does not involve an increase in square footage; the other two are options of individual owners adding a small amount of square footage. Depending on what option is chosen is what can be submitted to the building department. Anderson said the third condition involves the knowledge of the homeowners. Anderson told Council there was a meeting held July 12 which was duly notified by registered mail; proxies were sent in. the meeting was continued until the Villas could get the required 85 percent of the homeowners to verify the change to allow this amendment. Anderson said he feels this is sufficient for the city to l4 Regular Meeting _ AsAen City Council July 25, 1988 acknowledge there is authorization from the Association as a whole, with the Board acting in their interest. Anderson said the fourth condition is that the carports be deleted. Anderson showed pictures of what the carports would look like from across the street. Anderson told Council this would be a horizontal line that is transparent. The applicants want to get east light into the carports. Anderson said he does not feel P & Z's recommendation about the carports was based on enough information. Anderson said he does not feel there is any way to convince the owners in units 31 through 36 to sign the waiver. Anderson said P & Z's intent was to let the owners know there may be a highway coming through and the city does not want to be liable for approving this amendment. Anderson told Council the prices for that block of units has always been 25 percent lower than the rest of the units in the complex because of the possibility of the highway location. Fred Gannett, city attorney's office, said P & Z was going to deny this application if there was no atten- tion paid to the fact these six units may be effected by the highway alignment. Gannett said P & Z wanted the owners of these units to waive any increase in additional value. Gannett said he does not feel this has to be done, but it was a concern of the majority of P & Z. Councilman Gassman said he cannot see why the city would require this waiver. Gannett recommended that the waiver is not necessary. Mickey Herron, representing the condominiumium association to the east and Herb Klein, said the reason they are against the carports is the majority of the trees lose the leaves during the winter and the carports would be visible from all around. Herron said the nice thing about both of the Villas is that people can see through them. Herron said the particular carport area is elevated and putting a structure on top of this would be blocking the view. P & Z was unanimous in not approving the carports. Anderson said the height of the carport is 8 to 10 feet and will be built into the berm that currently exists. Herron said cars are much less intrusive than seeing a solid wall along Eighth street. Councilman Gassman said the carports do not bother him, but if P & Z and the neighbors feel they are a problem, he will go along with deleting them. Baker requested clarification on condition #3. Anderson told Council the Association did an information mailing to see if they should proceed with this amendment. The feedback was overwhelmingly in favor. There is a rather lengthy formal process to change the declarations and by-laws to allow this. Anderson said at this point, there is no written documen- tation they can give the city showing they have a majority of the 15 Regular Meeting _ Aspen City Council July 25, 1988 Association behind the proposal. Anderson suggested a time factor be put on the third condition that prior to the issuance of a building permit, documentation be provided to staff to illustrate that the Board is acting with the approval of the homeowners. Gannett said this should be a resolution of the Board that they have had a vote and whatever the by-laws require for an amendment. Councilman Tuite moved to approve the Aspen Villas PUD amendment with conditions 1 and 2 as outlined in the memorandum; condition 3 with the amendment that prior to the issuance of a building permit it be shown that the PUD is be acted upon with the consent of the Board of Directors of the condominium association; 4 as is and condition #5 be withdrawn; seconded by Councilman Isaac. All in favor, motion carried. RESOLUTION #20, SERIES OF 1988 - Marolt Ranch Exhibit Tom Baker, planning office, said this is a request for endorse- ment for an amendment to the existing parks/recreation/open space/trails element. Baker told Council Carl Bergman and the historical society have been working with the planning office for the last 18 months on the idea of renovating the Marolt barn and having some historic exhibits. This has been refined in a work session with Council. This would be a historic ranching exhibit including the barn and 1.9 acres. Carl Bergman, representing the historical society, told Council they have gone before the HPC. P & Z's only major concern was that the highway may come straight through the Marolt property. Bergman said the city can come up with a solid decision that the highway will not effect this project. P & Z otherwise favors this project. Bergman told Council there has been a lot of work on this project. One point was to have to no cars in this area. Bergman agreed it would be a good thing not to have automobiles on this property. Bergman said it would be better to have the entrance to this off of Castle Creek. Mayor Pro Tem Fallin asked if the historical society will take the responsibility for maintaining this exhibit. Mayor Pro Tem Fallin said she would like to see a formal agreement between the city and the historical society regarding this maintenance. Bergman said they would agree with this. Councilman Isaac said according to the sixth penny ordinance, this project ha s to be taken to a vote of the electorate. Fred Gannett, city attorney's office, said the exceptions for this are, the city shall not permit the change in use of real property acquired for open space purposes other than recreational, agricultural and undergrounding easements. Gannett said if a museum falls into recreational or agricultural definitions, this does not to be taken to a vote. 16 Regular Meeting Aspen City Council July 25, 1988. Baker said the historical society is aware they will have to go a vote to implement the idea. Bergman is looking for approval to allow a plan amendment. The city shows a highway going through the Marolt property on the concept plans; the plans can also show a historic ranching exhibit so that this is in compliance with the comprehensive plan. When this plans goes to implementation, the historical society will have to come up with maintenance agreements as well as be successful in an election. Mayor Pro Tem Fallin said adopting Resolution #20 would be approving an amendment to the Aspen area comprehensive plan. when Council adopts the entire comprehensive plan, they will be adopting this without a vote of the people. Mayor Pro Tem Fallin said she does not think Council can adopt Resolution #20 without a vote. Baker said the fact that the city is adopting plan elements showing conceptual utilization of the property does not mean this allows the city not to abide by the sixth penny ordinance. Baker pointed out the city would have to go to a vote to get the highway through the Marolt property or to get the historic ranching exhibit through. Adopting this resolution is not circumventing the sixth penny ordinance. Mayor Pro Tem Fallin asked if the barn is on the national register . Roxanne Ef 1 in, planning office, said the barn is eligible for listing but has not been nominated. Ms. Eflin said listing the property on the register does not preclude the state or anybody from doing something to the building. Listing it on the register puts the building into a variety of different planning processes. Councilman Isaac asked who would be paying f or the parking and maintaining the parking. Councilman Isaac asked if the parking plan would make sense with the possible realignment of highway 82. Baker said this is just asking for endorsement of a concep- tual plan. Baker said the person who applies for this plan will have to outline the details. Baker said this resolution does not commit the city to any funding at all. Councilman Isaac said a better location for the parking would be at the east end of the footbridge. Mayor Pro Tem Fallin said she does not like the idea of cars driving into this area where there will be a lot of pedestrian use. Baker said the historical society has agreed that parking on the periphery is appropriate in concept. Baker agreed that P & Z would like to see the Gramiger parcel purchased for trail head parking. Councilman Isaac pointed out that condition #2 states the historical society will issue a letter stating that their exhibit will co-exist with the direct alignment for highway 82. Council- man Isaac said he would feel better if the city had a letter from the highway department stating they can co-exist with the 17 Regular Meeting ____ Aspen City Council July 25, 1988 exhibit. Councilman Tuite reminded Council there was a presenta- tion by the highway department showing the barn does not have to be torn down. Ms. Eflin told Council she has a letter from the highway department regarding the barn. Mayor Pro Tem Fallin said she would like to add a condition about the maintenance of the grounds by the historical society. Mary Martin suggested this be brought up on August 8 that the Marolt house to with the barn exhibit. Councilman Tuite said Council has made their concerns known; if they agree with the plan, they should adopt Resolution #20. Councilman Isaac said he would like condition #1 changed because he does not feel it is appropriate to have parking off Castle Creek. Councilman Isaac moved to approve Resolution #20 with condition #1 that the concern of parking has been identified and Council does agree that it be within the 1.9 acres parcel, condition #2 as stated, condition #3 that a formal agreement that on-going maintenance be done by the historical society be executed prior to the implementation of this concept; seconded by Mayor Pro Tem Fallin. Councilman Tuite added a condition #4 that the highway department will indicate the ranching exhibit will not interfere with the direct connection; seconded by Mayor Pro Tem Fallin. All in favor, motion carried. MONARCH/DOWNTOWN TRUCK TRAFFIC Jay Hammond, city engineer, told Council he has met with neigh- bors in the north Monarch area. Their complaints had to do be with people parking in driveways. Hammond said the city will add signs to take care of specific driveways. Mayor Pro Tem Fallin said Bleeker street is creating a lot of traffic because of the stop lights on Main. Mayor Pro Tem Fallin asked about the possibility of having a four-way stop sign at Bleeker and Monarch. Hammond told Council the city has installed "no parking here to corner" on Monarch and would like the opportunity to see if that will help with that intersection. If "no parking here to corner" is effective, they will deal with it that way. Hammond told Council staff has taken counts which support that Bleeker is the dominant way. Hammond said staff has also taken counts at Monarch and Hopkins and has found that Monarch is the dominant leg during most of the day. Hammond told Council the city will formalize what they have done to accommodate the trucks coming from the Ritz construction. Hammond said there has been a request to designate only local parking in some residential areas. Hammond said parking is a problem throughout town and neighborhoods adjacent to commercial areas are suffering from parking problems. Hammond said the city should not get into a detailed parking permit program in the absence of alternative parking. Hammond said if the city does 18 Regular Meeting Aspen City Council July 25, 1988 have an alternative parking program, it will open the door to look at parking restrictions in some areas. Hammond said truck routes through town have been brought up by citizens. Hammond told Council staff has a meeting with RFTA and the police and looked at the downtown area and truck traffic. Hammond pointed out that Aspen street forms the west boundary of the major commercial and lodge districts. Hammond told Council in the comprehensive plan transportation element, Aspen street is identified as a circulator. Hammond said the map shows that the existing traffic on Aspen street are second only to Galena street and portions of Original. Hammond said staff is not recommending that Council alter the adopted plan. Hammond said RFTA has no problem going to Monarch street if there is a permanent change of the stop sign at Monarch and Hopkins and an elimination of the angle parking on all of Monarch from Durant to Main. Hammond said this would lose about 40 parking spaces. Given the concern s the commercial businesses regarding available parking, staff would be reluctant to push that as an option. Hammond said if the angle parking on Monarch were eliminated, it would be a more attractive circulator. Hammond said regarding the truck routing concern, staff would not recommend designating routes or creating restrictions in the commercial core. Hammond said one question that has been raised is if the area that trucks are accessing is clearly defined. Hammond said trucks are going to be in commercial areas and lodge areas. There is also argument trucks will be found extensively in residential areas during construction or moving. Hammond said if Council is inclined toward truck restriction, staff would recommend looking at restricting trucks over a certain size in residential areas. Hammond said staff gets complaints that trucks are using Bleeker to bypass Main. Hammond said from an enforcement standpoint, trucks would be a more incongruity in a residential area. Hammond said staff would not recommend extreme measures to limit trucks in the commercial core. Councilman Isaac said he would like to prohibit large trucks from residential zones. Hammond said with the growing pressure from traffic on Main street, trucks trying to go from the west end to the commercial core use side streets. This problem is raising a lot of concern, especially on Bleeker. Councilman Isaac moved that an ordinance be drafted prohibiting through truck traffic in residential zones. Motion DIES for lack of a second. Councilman Gassman complemented Hammond on the memorandum and said it explained things very well. 19 Regular Meeting Aspen City Council July 25, 1988 Council adjourned at 7:50 p.m. Kathryn S Koch, City Clerk 20