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HomeMy WebLinkAboutminutes.council.19920210Regular Meeting Aspen City Council February 10, 1992 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Reno, Pendleton and Peters present. PROCLAMATION - John Callahan Mayor Bennett said Callahan is competing in the Olympics this very day. Mayor Bennett read a proclamation honoring Callahan and declared February 10th John Callahan day to honor this athlete and an outstanding representative of this community CITIZEN PARTICIPATION 1. Phoebe Ryerson said there have been a lot of meetings on the subject of the entrance to town. Ms. Ryerson said the S curves and potholes are a nightmare for motorists. Mayor Bennett said Council is not taking action to change any highway decisions; however, they are hearing a lot of concern. 2. Bob Francis told Council he had a client who has gone through the process to obtain an additional gas log fireplace, by purchas- ing fireplaces, for a new house in the city. Francis suggested changing the rules to allow one to buy a chunk of dirty burning fireplaces and obtain the right to install a traditional wood burning fireplace. This would take out a certain number of dirty burning fireplaces in a faster time than buying 3 at a time. Amy Margerum, city manager, said staff can work on a policy decision on this topic for Council's consider ation. Council agreed. COUNCILMEMBER COMMENTS 1. Amy Margerum, city manager, requested (c) Undesirable Plant Act be taken off the consent agenda. 2. Amy Margerum, city manager, told Council staff has been working on bids for asbestos costs for the red brick school. Staff would like to proceed to get the bids. It costs about $2,000 for the next step. This money would come from the operat- ing/maintenance revenue of the property tax. 3. Amy Margerum, city manager, said the city, county and Snowmass have been working on an intergovernmental agreement for the nordic trails. Ms. Margerum said each entity will pay 1/3 of the upcoming costs; the county and Snowmass will either pay for in cash or in- kind services to make up the 1991 season costs. Council agreed. 4. Amy Margerum, city manager, said there is a Mayor and Manager meeting associated with the Roaring Fork Forum, noon February 13th at the Woody Creek Tavern. Councilman Peters said he would attend. 1 Regular Meeting Aspen City Council February 10, 1992 CONSENT CALENDAR Councilman Peters moved to approve the consent calendar as amended; seconded by Councilman Peters. The consent calendar is: A . Minutes - January 13, 15, and 27, 1992 B . Request for Funds; EPA trip; Retreat C . Resolution #8, 1992 - Appointment of Deputy Municipal Judge - Bill Ho dges E. Resolution #6, 1992 - Temporary Deputy Municipal Judge F. Resolution #7, 1992 - Pitkin Mesa Improvement District All in favor, motion carried. LIQUOR LICENSE RENEWALS Councilman Peters moved to approve the liquor license renewals for the Grill and Carnavale; seconded by Councilman Reno. All in favor, motion carried. SPECIAL EVENT PERMIT Councilman Peters moved to approve the special event permit for St. Mary's Catholic Church, March 17, 1992; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #18, SERIES OF 1991 - Institutional Controls Smuggler Mayor Bennett said the actions contained in the city attorney's memo are exactly what the city should be doing. Jed Caswall, city attorney, said for someone to get a building permit anywhere within the smuggler site, they need to get the sign off of the EPA. The EPA does not desire to be involved with issuing local business permits. Caswall suggested modifying the institutional controls ordinance to vest solely the authority to issue building and excavation permits within the city in the city. This would take care of some of Council's concerns. Caswall said the issue is to take out any reference to the proposed remediation plan and the assumption of the existence of a reposito ry to try and present that ordinance for Council to adopt. Councilman Peters said he would be wary of any action that would lead to having the city becoming a PRP through issuing building permits. Caswall said that would be part of the adoption of the ordinance. Councilman Peters moved to continue Ordinance 18, Series of 1992, to June 8; seconded by Councilman Reno. All in favor, motion carried. 2 Regular Meeting Aspen City Council February 10, 1992 ORDINANCE #1, SERIES OF 1992 - Landmark Designation 316 E Hopkins Diane Moore, planning director, recommended adoption of this ordinance. This structure meets 3 of the 6 designation standards. Both HPC and P & Z have recommended designation. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #1, Series of 1992, on second reading; seconded by Councilman Reno. Roll call vote; Councilmembers Reno, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #2, SERIES OF 1992 - Emde Vested Rights Councilman Reno stepped down due to a conflict of interest. Councilwoman Pendleton said she is probably doing the work on this project but does not yet have the contract. Councilwoman Pendleton said she does not feel she has a conflict. Kim Johnson, planning office, pointed out actual approval for this project was at P & Z; this is vested development rights only. Ms. Johnson recommended approval of the vested rights. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #2, Series of 1992, on second reading; seconded by Mayor Bennett. Roll call vote; Councilmembers Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #4, SERIES OF 1992 - Vehicle Idling Provisions Tom Dunlop, environmental health department director, reminded Council this regulation will be included in the air quality control section of the municipal code. Dunlop told Council RFTA and other citizens were involved in drafting this ordinance. This reduces the allowed idling from 15 to 5 minutes; it allows a warm up period for diesel vehicles, and provides for loading and unloading public transportation vehicles. Mayor Bennett opened the public hearing. Tom, 200 Bleeker, said people are warming up cars for 20 minutes; he is glad Council is approving this ordinance. Mayor Bennett closed the public hearing. 3 Regular Meeting Aspen City Council February 10, 1992 Councilman Peters said section (c)241 describes the exempt vehicles of gross weight of 10,000 pounds or more. Councilman Peters pointed out 10,000 pounds GVW is usually the rating that separates light duty trucks from heavy duty trucks. This seems to reference idling with how much a truck weighs rather than the rating of a vehicle. Mayor Bennett suggested adding "rating" to the ordinance to make this clear. Councilwoman Pendleton moved to adopt Ordinance #4, series of 1992, on second reading; seconded by Councilman Peters. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Mayor Bennett, yes; Reno, yes. Motion carried. ORDINANCE #7, SERIES OF 1992 - Temporary Use Permit Red Brick School Leslie Lamont, planning office, told Council this proposal has been amended since first reading. The original proposal was for office space, some filming, set construction, and storage at the red brick school. The applicants are proposing to use the red brick school only for set construction and filming for 16 days. The applicants are still asking for February 10 to June 15th but the peak uses will be 6 days in the school filming with a day on each end for set up and break down. This exact time cannot be predicted because of weather. The applicants have revised the hours of operation to 9 a.m. to 7 p.m. except for when they are filming. They will need 24 hour access to the building; the windows will be blacked out. The applicants will use a shuttle during the time they are filming at the school. Ms. Lamont read condition #6, "no heavy trucks, including semi trailers, shall be permitted at or around the site except for the 6 day period of filming at the school, and the day before and the day after filming . In any event trucks shall not be parked on site beyond the 16 days of using the school". Ms. Lamont said this is necessary because the applicants do not want to take trucks out after 7 at night. Ms. Lamont said "Van shuttle service will be employed during this 6 days of filming" should be added to condition #6. Mayor Bennett opened the public hearing. David Levy, 100 West Francis, opposes this temporary use. Levy stated this is not a proper economic use for this property and will deteriorate the residential uses of the property. Levy said generators as part of the trucks will be going 24 hours a day, which contradicts pollution control. Levy told Council he has not found any neighbor in direct view of this property in favor of this use. Levy said there are traffic problems in this area when the Given Institute is used. Levy told Council he has gone through the 4 Regular Meeting Aspen City Council February 10, 1992 red brick building very thoroughly. The highest and best use of this property is residential. This building would be difficult and expensive to bring up to standards. There is no insulation; there is asbestos which needs to be removed. The city should not take the liability for the building. Levy said residential purposes would be the best for the tax payers because (a) the taxpayers would not have to pay $3 million to buy the property and an additional $2 million to improve it and money to maintain it (b) the school district could get $4 million for residential use (c) there would be new property put on the tax roles, which would help the tax problem. Levy said using this property for the arts will only increase taxes. Levy entered into the record a letter. Kathryn Lee entered into the record a stack a letters she has received. Ms. Lee said she agrees with Levy. Ms. Lee said there is opposition to commercial use of this property. Ms. Lee said it would be much too costly to bring this property into compliance with present standards. The building is in bad shape and contains substantial asbestos. There are limited profitable potential uses. There are severely limited city funds for this purchase, and there are needs to improve existing city capital assets. Gideon Kaufman, representing the applicant, submitted to the record affidavits of posting and mailing this application. Kaufman pointed out this application is for a specific set of criteria and for a temporary use. Kaufman reminded Council the need for a temporary use ordinance was identified by the city before this application. Fall line production has submitted an application which addressed all the requirements of Ordinance #5, 1992. Staff required clarification on the temporary use application to also mitigate the impacts on the neighborhood. These concerns were outlined in the January 30th letter to the planning office and addressed changes that were asked of the applicant. Filming was limited to 6 days with 10 days to set up and break down the sets. Day to day office use of the school building was eliminated so there is minimal use of the school building except for those 16 days. Fall line production will be paying 3 months lease. Hours were limited from 9 a.m. to 7 p.m. to take into account the residential character of the neighborhood. The 6 days of filming will take place in March, April and May rather than all at one time. During these 6 days of filming there will be a shuttle service provided to shuttle employees to the school building. These people will be dropped off at the back of the school building. Only 5 cars will be allowed to park behind the school building when productions trucks are using the parking area. There are additional limitations on truck idling and hours of operation. The use of large generators has been totally eliminated. Kaufman said there were 2 types of generators proposed; one was to replace the electricity of the school and the generator would sit outside. 5 Regular Meeting Aspen City Council February 10, 1992 This has been eliminated. The electric drop will be totally silent. There are vehicles with generators inside them. These need to be run while filming is taking place. Kaufman said Fall line will be providing a hotline for the convenience of the neighbors to address problems that may come up from the use of the school. Kaufman said the applicants feel their plan is sensitive and addresses the legitimate concerns of the neighbor hood. John Peavyhouse 213 West Bleeker, introduced pictures of previous experience with motion pictures in Aspen. Peavyhouse said the city has gone a long way to correct some of the problems encountered with prior filming in Aspen. Peavyhouse said he is concerned about opening the door and setting a precedent for using R-6 zoned property for business use which negates the purpose of zoning. Temporary use permits should be very carefully considered because the city is making exceptions to the primary zoning of R-6. Peavyhouse went through the criteria for temporary use permits. Peavyhouse noted that the use is not compatible with the surround- ing zones. Mr. Berko said there should absolutely no commercial uses in residential neighborhoods. Len Olender, Aspen Reservations, said these type of events take a lot of work and people getting Aspen on the sale side of things. Olender said the community should take into consideration there will not be a town to protect unless Aspen looks at projects like this that do benefit the town. Olender said the applicants have taken a lot of work to minimize impacts. Teagran Dorian, Inn at Aspen, said reservations have been down in Aspen and this is a wonderful opportunity. This applicant has worked hard to take care of the community's concerns. This is important for the community for lodges and for keeping people in their jobs. Lisa Gilford, Colorado Film Commission, said filming is good for the state of Colorado. Ms. Gilford said this has been a very considerate film company to work with and urged Council to allow them to film in town. Mayor Bennett closed the public hearing. Councilman Peters pointed out that the controls from Council on the film company were so crafted that the applicant has withdrawn a substantial portion of their application for the use of the red brick building, which indicates the city has looked very carefully at this application. Councilman Peters said with all the para- me ters, this could be a good temporary use for the school and will provide some revenue for the school district. Councilman Peters said this temporary use will be closely supervised. Councilman Reno asked if the applicants would be open to temporary screening for the driveway to the parking lot. Lew Wells said the days they will be using the school are not yet specified. Screening but they 6 Regular Meeting Aspen City Council February 10, 1992 will do what they can. Councilman Reno agreed this will be watched closely; the permit can be withdrawn. Mayor Bennett said the applicant has done a good job in responding to most of the conditions the city has required. Mayor Bennett asked if the 24 hour use of generators is a new condition. In previous review, there were time limits on these genera tors. Kaufman said there is some confusion between generators for power and generators on trucks. Councilman Peters suggested a condition be added that the applicant pursue alternate power source for the trucks with city staff. Mayor Bennett said condition #10 states, "the applicant shall manage and conduct its activities as allowed under this temporary use permit in an manner so as not to create or allow a public nuisance. The applicant shall not create or allow noise levels in excess of those permitted noise levels as set forth in Section 16-4." Mayor Bennett said he would like to see this increase to include "or any significant noise at night". Barbara Umbreit, environmental health department, told Council according to the Municipal Code in a residential zone at night, the noise cannot exceed 55 decibels. This is not very loud. The citizens can contact the environmental health department or the police if they feel this noise ordinance is being violated. Ms. Umbreit told Council the generators can be measured to see how loud they are. There is also technology to baffle the noise from generators. Councilwoman Pendleton said she would prefer that nothing is run at night; that the generators are plugged in, which does not make any noise. Kaufman said the applicants are requesting to be treated as anyone else in residential zones. Mayor Bennett said he feels it is proper to hold this activity to a higher standard. Mayor Bennett said he does not feel it is asking too much to require this film company in a residential neighborhood to be extremely quiet. Wells told Council they cannot promise they will not make a single noise after 10 p.m. Ms. Margerum said it would be impossible for staff to enforce too general a condition that stated the neighbors would hear no noises. The permit condition needs to have a number which staff can measure. Mayor Bennett said he would like to see some language assuring the neighborhood reasonable freedom from any significant noise disturbance. Caswall said he would like an objective standards so that measures can be taken to meet the standards that are imposed upon the applicants. Caswall suggested Council cut the decibel level in the ordinance so there is something to measure. Councilwoman Pendleton said 24 hours of operation will not work. This will create havoc for the staff. This is a residential neighborhood. Councilman Peters said he is willing to accept 24 hour access to the building as that has been a ground rule from the beginning. Council can put a condition that the dressing rooms will not be self-powered between 10 p.m. and 7 a.m. Councilwoman Pendleton said she would rather have them film 7 Regular Meeting Aspen City Council February 10, 1992 more days than 24 hours a day. Wells told Council for all uses of the school, except the 6 days of filming, they can live with a 9 a.m. to 7 p.m. restriction. Wells requested for those 6 days of filming a 8 a.m. to midnight restriction. This would work for the filming company. Councilwoman Pendleton said she could accept that. Mayor Bennett said the vehicles will have to fit behind the building or be put somewhere else. Mayor Bennett said he has heard more support than opposition from the residents. Mayor Bennett said every citizen committee that has studied the red brick school favors keeping the space in public use. Mayor Bennett said he feels this use is a lot more compatible in a residential zone than the school which has been there for 96 years. The school had about 250 people 160 vehicles per day in and out. Councilman Peters moved to adopt ordinance #7, Series of 1992, modifying Section 1, condition #2 to hours of operation to 9 am. to 7 p.m. 7 days a week except during the 6 days of filming when hours of operation shall be from 8 a.m. to 12 p.m., and modifying condition #6 according to agreement reached between staff and the applicant; seconded by Councilman Reno. Roll call vote; Council- members Reno, yes; Pendleton, yes; Mayor Bennett, yes. Peters, yes. Motion carried. ORDINANCE #11, SERIES OF 1992 - Encroachment License Procedures Jed Caswall, city attorney, told Council since first reading he has amended the ordinance to clarify the nature of all encroachment licenses as being revocable by the city at any time. This language is in Section 19-5(a). Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #11, Series of 1992, on second reading as amended; seconded by Councilman Reno. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ANIMAL SHELTER CONTRACT Councilman Peters moved to take this off the agenda and have a work session at 8:30 p.m.; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #6, SERIES OF 1992 - Liquor License Occupation Tax Councilwoman Pendleton moved to read Ordinance #6, Series of 1992; 8 Regular Meeting Aspen City Council February 10, 1992 seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #6 (Series of 1992) AN ORDINANCE AMENDING SECTION 4-31 AND 4-32 OF THE ASPEN MUNICIPAL CODE AMENDING THE CLASSIFICATIONS OF OPERATORS AND PROVIDING FOR AN INCREASE IN THE ANNUAL OCCUPATION TAX REQUIRED TO BE PAID PRIOR TO THE ISSUANCE OF A LIQUOR LICENSE was read by the deputy city clerk Councilman Peters stated he is a partner in companies which own two liquor licenses; however, he does not feel that will make it impossible to bring fair judgement to this issue. Mayor Bennett stated he is president of a corporation which owns one liquor license in the city. Mayor Bennett said this will not affect his judgment. John Worcester, assistant city attorney, reminded Council this was presented at a work session a week ago. Council requested changes Those have been incorporated into the ordinance. Councilman Reno moved to adopt Ordinance #6, Series of 1992, as amended; seconded by Councilwoman Pendleton. Councilman Peters said he is not sure the criteria of modest having the length of the bar is necessary. Council agreed this should be deleted. Councilman Reno amended the motion to include that amendment; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #12, SERIES OF 1992 - PUD Amendment Aspen Winter Garden (Ritz Ice Rink) Councilwoman Pendleton moved to read Ordinance #12, Series of 1992; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #12 (Series of 1992) AN ORDI NANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ASPEN WINTER GARDEN AMENDMENTS TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOP- MENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION, FINAL PUD DEVELOPMENT PLAN, SUBDIVISION, AND GROWTH MANAGEMENT EXEMPTION FOR ESSENTIAL PUBLIC 9 Regular Meeting Aspen City Council February 10, 1992 FACILI TIES FOR LOTS A THROUGH I, BLOCK 91, CITY AND TOWNSITE OF ASPEN was read by the city clerk Diane Moore, planning director, reminded Council in July 1990 conceptual approval with conditions was granted for the ice rink and park. The conceptual subdivision outlined a 9,000 square foot rink with a restaurant, mechanical equipment building, and retail skating shop and offices for management. P & Z and Council both felt the site was suitable for a rink and community activity center; however,the proposal was too commercial and urban. The Boards wanted the applicant to provide a park-like area, reduce the ice rink and provide more public access. In response to these issues, Savanah redesigned the facility to provide a more land- scaped park and skating rink; the restaurant was eliminated. Councilwoman Pendleton said this is very different from conceptual approval. Perry Harvey, representing the applicant, went over the original conceptual approval with restaurant, mechanical building, office and retail shop. The conceptual approval stated that design had too much concrete and not enough landscaped park and the size of the facilities were too large. Harvey said in response the applicant have designed a rink with a plaza around it and 2 buildings. Harvey told Council the property from Durant to Dean slopes up about 8 feet. The surface of the plaza will be about 2.5 feet below Durant and go straight across. Harvey said the Zamboni building will be sunken into the property and will not intrude visually. The skate rental and manager's office of 900 square feet also has two bathrooms and a small seating area. The upper level contains the air vents for the two compressors. Harvey said this rink has been designed with the help of ice rink consultants and with Design Workshop. The consultant say the standard is about 55 square feet of ice per person. At that standard this rink will handle 75 people comfortably. Harvey noted this rink is not sitting in a concrete canyon and it is of adequate size for use. There are 4 access points from the 4 corners; there is on overlook off Dean street. This can be used for community events. Councilwoman Pendleton said this does not look anything like the conceptual approval. Harvey said the changes are in response to the conceptual approval granted by Council. Councilwoman Pendleton said this looks more like a hotel skating rink than a public place. Harvey said the previous rink encroached 10 feet into city property and the amount of landscaping has increased since the rink is smaller. Harvey said P & Z's recommendation was that the previous rink was too commercial, not park-like enough; the food service was too grandiose. Harvey said this plan creates the maximum amount of landscaping without sacrificing a usable rink. 10 Regular Meeting Aspen City Council February 10, 1992 Council man Peters noted Council said earlier that the restaurant was too big and the encroachments were a problem. Harvey said there is a direct correlation between the buildings, the rink and the plaza. The bigger the rink, the building becomes larger to accommodate the larger ice surface and there still has to be plaza circulation around it. Harvey said this ice rink is smaller than the Aspen Ice Garden; however, the Ice Garden only has 13 hours of public skating. The rest of it is classes and hockey programs. Harvey said in the earlier plans they had a shade structure to maintain the ice; in this reduced plan, they do not need a shade structure. Councilman Peters suggested staff pull the plans for the first submitted rink and for the conceptual review to see the changes. Councilman Peters said he would like commitment to hours of operation, number of days per week and the season of operation. Councilman Peters said he is concerned about the maintenance program for this rink, daily and annually. There should be some representation in the application about how well and how often the ice will be maintained. Councilman Peters said besides applying to the city for special events at this location, if there is any alcohol service, this should also be by special event permits. Councilman Peters said he would prefer to limit the liquor licensing to special event permits rather than allowing a permanent liquor license on this site. Councilwoman Pendleton asked who would establish the fees for special event permits and for ice time. Councilwoman Pendleton said she would like this to stay affordable for public use. Harvey said if this facility is charged so high it does not attract people, they will lose money. Harvey said they are investigating passes with a ski ticket, discounts at lodges, senior citizen passes. Councilwoman Pendleton said she want to insure this remains a public use. Councilwoman Pendleton asked about employee mitigation. Harvey said they have to mitigate for 1.88 employee and their proposal is to deed restrict rooms in the Grand Aspen as soon as the rink is opened. Harvey reminded Council as a require- ment of the PUD, when the Grand Aspen is reconstructed the applicants have to show the plan to take care of the employee mitigation. Councilwoman Pendleton asked about the waiving of tap fees. Ms. Moore recommended against the waiving of tap fees in the whereases of the ordinance. Harvey said this is a community facility. Previously there were about 18 units tapped into the system and the ice rink will be a lesser use. The city's ordinance states one does not get a credit for tap fees except what they have paid for tap fees. These units were built before tap fees were charged. Mayor Bennett asked if hotel guests will be charged the same as the 11 Regular Meeting Aspen City Council February 10, 1992 public. Harvey said they will. Harvey said the variation in rates will be for non-profit groups to use the entire rink for events. Councilwoman Pendleton suggested language in the ordinance which states that the hotel guests will not pay less than the public. Councilman Peters moved to adopt Ordinance #12, Series of 1992, on first reading, with the direction to staff to add language in condition #16 that any service of liquor, wine and beer shall be by special event permit only; that the applicant provide as part of condition of approval information on the maintenance and upkeep of the facility as well as the hours, days, weeks and season of operation, and that the applicant make some representations about the charges for skating that will be levied on the public and that the applicant will agree to charge no more to the public than it charges to it's hotel guests; seconded by Councilman Reno. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #13, SERIES OF 1992 - Benedict Building Condominiumi- zation Councilman Reno moved to read Ordinance #13, Series of 1992; seconded by Councilman Peters. All in favor, motion carried. ORDINANCE #13 (Series of 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVI SION EXEMPTION FOR CONDOMINIUMIZATION AND VESTED RIGHTS FOR THE BENEDICT BUILDING, LOT 16 OF THE CALLAHAN SUBDIVISION, ASPEN, COLORADO was read by the deputy city clerk Kim Johnson, planning office, told Council this is located at 1280 Ute Avenue on 2 acres. The existing building is a commercial building with one small free market apartment. Staff recommends approval with 5 conditions. Councilwoman Pendleton said there are no review standards for condominiumization of commercial buildings. Ms. Johnson said the reason for review criteria in residential is to provide mitigation for affordable housing. Councilwoman Pendleton said the comprehensive plan has discussed standards for essential services in commercial buildings. Sunny Vann, represent- ing the applicant, told Council the majority of this building will be conveyed to local non-profit organizations, like the 10th Mountain Division and M.A.A. Councilwoman Pendleton said she would like this intention to be maintained for the future. Mayor Bennett said it will be interesting to see if the community plan comes up 12 Regular Meeting Aspen City Council February 10, 1992 with concerns in this area. Councilman Reno moved to adopt Ordinance #13, Series of 1992, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Reno, yes; Mayor Bennett, yes. Motion carried. WEXNER WATER SERVICE AGREEMENT Jed Caswall, city attorney, told Council the city and Wexner are trying to reach an agreement on an amendment to the existing water service agreement. Kevin Patrick, representing the applicant, told Council in 1978 the city entered into an agreement with Albert Droste, who was Wexner's predecessor in interest. Droste was going to put in a subdivision in what is now the Wexner property. In that agreement the city was to construct a 1/2 million gallon water storage tank at a location specified by Droste. The city would pay 100 percent of the cost of construction and the tank would be 100 percent undergrounded and the area would be 100 revegetated. In 1984, Wexner bought the property and did not want to pursue the subdivision. Wexner went to the city and requested city water service. The city would have allowed him to hook on for a cost of $500,000 and looping charges to loop the Red Mountain service area and to install a tank. Wexner did not pursue that and put in his own system, which meets all his needs. In 1988 other Red Mountain residents approached the city to get city water service. In order to serve some of these residents, a tank was needed. During the next year a water service agreement was entered into. This agreement was primarily to locate a tank on Wexner's property. In November 1989 a draft agreement was circulated to Wexner. In January 1990, the city passed an ordinance approving the water service agreement. Before second reading occurred, Pitkin County indicated they needed a 1041 permit before construction of this water tank. 1041 hearings were entered into and many problems were brought up by staff, P & Z and the County Commissioners. During this process it became apparent that because of many past city-construction projects, the county P & Z was not inclined to give a 1041 permit to the city for the tank. However, a permit was granted. Wexner agreed to contribute up to $75,000 to the city to underground this tank. Wexner also indicated he would revegetate the tank. When the agreement was finalized in the fall of 1990, construction started and the city exceeded the scope of their easements. The easements had been prepared by the city. Because of cost of construction within the easements, the city had gone back to Wexner and requested to increase the scope of the easements. Patrick told Council letters indicate Wexner would allow the city 13 Regular Meeting Aspen City Council February 10, 1992 to go slightly outside of the easements in return for the removal of the old Droste tanks and the allowance of a free connection to the treated water system of the city in order to revegetate the area. Patrick told Council he later received a letter from the city stating this might not be acceptable even though that is what everyone thought they were operating under. Patrick told Council he met with the then-city manager who directed an agreement be prepared with the city's water attorney to allow a free connection and removal of the tanks. Patrick told Council he was contacted by the caretaker who needed to connect to three-phase power in order to revegetate the property. The city had installed three-phase power for their tank site. Patrick contacted the city's water attorney. Patrick re- circulated an amended water agreement which stated there would be a rebate to Holy Cross as a result of three-phase power connection. Patrick said an alternative to working with the city would have been to shut the city down. The city would have had large construction overrun costs. Patrick told Council he wrote the city again in April asking about the three-phase power. Patrick told Council he met with the city in June to go over compaction problems at the tank site. The next month the city indicated it could not meet its construction schedule. Wexner agreed to extend the schedule provided he could connect three-phase power and that the Droste tanks were removed. In July the city indicated it could not meet the grades, the back slope was so steep it could not be revegetated in a traditional manner. The city prepared final as-built easements to be attached to the agreement and this was circulated. This was the first indication Wexner was being told he could not have a three-phase power connection. Mark Hirschberger, Design Workshop, showed Council a map of the site showing the original easement and on what they base their construction costs. Because of the construction process, Wexner had to negotiate a new method of coming to the upper tank and increasing the disturbed area. The original area would have cost $33,000 to revegetate. Hirschberger showed Council the disturbed area resulting from the negotiations. This was staked in the field with representatives of the city. The new area reflects $48,000 worth of revegetation. Construction then went outside of this area, and the new disturbed area would cost $63,000 to revegetate. Patrick pointed out not only is this a larger area and not agreed to in the field but also eradicated a 100 year old scrub old forest. The area is very visible from town. Hirschberger showed the final disturbed area and final revegetation costs were $83,000. In combination with consultant and maintenance fees, this was an additional $40,000. There was a dramatic change from conception to final. 14 Regular Meeting Aspen City Council February 10, 1992 Patrick said Wexner has worked every step of the way to try and keep the city on schedule. Every time the city had a construction problem, Wexner cooperated. Patrick said every time they cooperat- ed, Wexner stated they would pick up additional costs as long as he could hook his sprinkler system to irrigate on to the three-phase power. Councilman Peters suggested Council schedule an executive session with staff to discuss this. Councilman Reno said he will not support an executive session until Council has all the information and meets with all the people involved. Councilwoman Pendleton said she has tried to organize this chronologically and there seems to be a gap between March and September; there seems to be information missing. Councilwoman Pendleton agreed with not having an executive session. Mayor Bennett said there are disputes of fact in this matter and a further meeting is necessary. Councilman Peters said he is concerned about airing all the issues in public. Council requested chronological outlines from Patrick and from staff. Amy Margerum, city manager, said there is the history issue; another issue is what are the merits of reimbursing Wexner for the impacts, and what has the city already done. BOARDS AND COMMISSIONS APPOINTMENTS Councilman Peters moved to appoint Taylor Gamblin as an alternate member of CCLC; seconded by Councilwoman Pendleton. All in favor, motion carried. Councilman Peters moved to appoint Linda Smisek as an alternate to the HPC; Georgia Taylor to the Wheeler Board, and George Kelly as an alternate to the Board of Appeals and Examiners; seconded by Councilman Reno. All in favor, motion carried. Council requested the unfilled positions to be re-advertised. Councilwoman Pendleton moved to adjourn at 8:45 p.m.; seconded by Councilman Reno. Kathryn S. Koch, City Clerk 15 Regular Meeting Aspen City Council February 10, 1992 PROCLAMATION - John Callahan 1 ................................ ... CITIZEN PARTICIPATION 1 ................................ .......... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 2 ................................ ............... LIQUOR LICENSE RENEWALS 2 ................................ ........ SPECIAL EVENT PERMIT 2 ................................ ........... ORDINANCE #18, SERIES OF 1991 - Institutional Controls Smuggler 2 ................................ .................. ORDINANCE #1, SERIES OF 1992 - Landmark Designation 316 E Hopkins 3 ................................ ................... ORDINANCE #2, SERIES OF 1992 - Emde Vested Rights 3 .............. ORDINANCE #4, SERIES OF 1992 - Vehicle Idling Provisions 3 ....... ORDINANCE #7, SERIES OF 1992 - Temporary Use Permit Red Brick School 4 ................................ .................... ORDINANCE #11, SERIES OF 1992 - Encroachment License Proce- dures 8 ................................ ..................... ANIMAL SHELTER CONTRACT 8 ................................ ........ ORDINANCE #6, SERIES OF 1992 - Liquor License Occupation Tax 8 ... ORDINANCE #12, SERIES OF 1992 - PUD Amendment Aspen Winter Garden (Ritz Ice Rink) 9 ................................ .... ORDINANCE #13, SERIES OF 1992 - Benedict Building Condomini- umi za tion 12 ................................ ................. WEXNER WATER SERVICE AGREEMENT 12 ................................ . BOARDS AND COMMISSIONS APPOINTMENTS 15 ............................ 16