HomeMy WebLinkAboutminutes.council.19820726JOINT MEETING WITH COUNTY COMMISSIONERS
Mayor Edel called the meeting to order at 4:10 p.m. with Commissioners Madsen, Kinsley,
Klanderud, Blake and Child and Councilmembers Knecht, Parry and Collins present.
1. Post Office Pedestrian Path Proposal. Elizabeth Holekamp presented a drawing of a
proposed path to connect the elementary school to the post office and Clark's market to
the post office. There is a path up the hill to the school for which the county allocate
money but it was not built. The PCPA proposes a boardwalk to come in between the trees
and over the drainage ditch so pedestrians can would between the market and the post
office. They would also like the trail to go to the ACES entrance. There are two
different phases; phase two would connect to the Rio Grande trail. Phase one would cost
$40,000. County manager Curt Stewart said there is a commitment to Mrs. Paepcke to
finishe the landscaping in this area; the county has $3500 budgeted to cover that.
Councilman Parry said he was in favor of getting the trail in down there. Hal Clark said
the PCPA has pledged $10,000 towards the completion of this project. They have also
asked the developer for contribution and the market and the post office. Clark said the
PCPA have three major things they would like to be accomplished this summer; fix the
Maroon creek bike trail; this post office path; the Hunter Creek trail. Clark said the
PCPA has been talking about a jogging trail east of Aspen with the Boards. They wOuld
like to table this for additional planning. Mayor Edel suggested that the city take the
$15,000 they were going to donate to the jogging trail and put it towards this trail.
Councilman Knecht said he would like to get these projects done this summer.
Mayor Edel asked when the county would have the work done on where the city and county
funds are going to and coming from. 'Stewart said this would be done in 4 to 5 weeks.
Bill Martin said Clark's market is very much in favor of this path and he would talk to
other business owners to see if he could get contributions. The Boards agreed the
contributions should get firmed up, the city will contribute, the county will decide how
much they will contribute, and PCPA will give $10,000.
City Manager Chapman told Council that the Maroon Creek trail was constructed with state
funds and part of the contract was the city's agreement to maintain that stretch of the
trail. Chapman said one of the aspects of that project was the contractor was to replace
the trail. Stewart recommended it is the county's obligation to repair the trail; they
tore up the intersection and should replace the trail. The Boards gave approval for
what was outlined above.
2. Smuggler Mobile Home Park Qualifying by Housing Office Agreement. Assistant City
Manager Ron Mitchell reminded the Boards they have previously approved a joint agreement
for the 17 new mobile home units. Since then, the city and county have had requests
from owners of existing units to help qualifying purchasers. This agreement covers the
existing units and having the housing office qualify people to purchase them. The
purchaser will pay 1/2 per c~nt of the sales cost to cover the work. Commissioner Klande~
said she did not object other than the fact the housing department keeps expanding rather
then the boards taking on the major issue of a housing office. Mayor Edel said the city
and county are having a meeting on this~ hopefully to come to a conclusion.
Commiss,ioner Blake moved to approve the joint agreement for the county to qualify
purchasers for Smuggler Mobile Home Park; seconded by Commissioner Child. All in favor,
motion carried.
3. Water Issues - Frying Pan/Arkansas Update. Mark Fuller told the Boards he had
information on the Frying Pan/Arkansas project on their 1980-81 activities, indicating
they are taking more water than has been decreed to them and bypassing less than is
required of them. In so doing, they are operating outside the framework of a number of
authorizing document, including the environmental impact statement, the Congressional
reauthorization of the Frying Pan/Arkansas project, the court decrees, the settlement
between the county and the BOR, and the operating principles. Fuller told the Boards
he got the operating history for 1981 which showed some small discrepancies. A district
engineer got concerned about some of the figures and went and checked some of the
structures and found they were diverting a great deal more than what they said they were
diverting.
Fuller said there are a number of alternatives, the least attractive is filing in
opposition to their diligence applications before the water board right now. Fuller
recommended expressing concern in a forceful way by either sending city and county
officials to them or having them appear before the joint boards. John Musick reminded
the Boards he had been authorized to withdraw the statement of opposition to their
diligence application because they had submitted enough information to prove they have
been diligent. Musick said if he accepts the redrafted version of the diligence applica-
tion, Pitkin County and Aspen waive the ability in the future to challenge in any sub-
stantive way their potential abandonment of the system for Lime and Last Chance creek
diversions, which have not been completed. This is significant because they are divert-
ing in excess of their decree capacities at the built facilities and are bypassing less.
In order to keep them in priority, they would have to take the Lime and Last chance
creek diversions and move them around, parcel them out on the as-built facility.
Musick recommended the Boards approve him accepting the due-diligence application.
Musick told the Boards he felt the other alternative is not a productive way to tackle
the challenge, the specific things that are causing the problems. A more appropriate
way is Fuller's suggestion of having elected official discuss this with the congressional
delegation, the BOR, the water conservation board and the southeastern district to
express concerns on violations of various agreements. Musick said if they do not correct
what they are doing, a better lawsuit is on the operating principles themselves.
Musick reminded the Boards they had authorized him to get involved in this case to insure
that the Hunter Creek settlement was enforced. Musick said he was about ready to get
out of the case when the division engineer discovered they were diverting in excess.
Musick said if there is a finding of diligence, and they desire to move the Lime and Last
Chance decrees onto the as-built facilities, acts of abandonment which occur prior to
1981 as evidence of abandonment.
Council and the Commissioners accepted Musick's recommendation of meeting with the BOR
and the Congressional delegation. Commissioner Child and Councilwoman Michael agreed to
be the committee. The Boards okayed mon~es for transportation.
COUNCIL MEETING
MINUTES
Councilman Knecht moved to approve the minutes of May 10, 24 and June 3; seconded by
Councilman Parry. All in favor, motion carried.
CITIZEN PARTICIPATION
1. Robert Carroll, M.A.A. faculty member, asked Council to make a disposition to the M.A
in regards to the golf course fees. Carroll said they would like a policy like the locals
pass, not just for this year. City Manager Chapman said the reason the city gives locals
a pass is that through their property and sales taxes are supporting the golf course.
Chapman said if Council does this for the M.A.A., there are a number of cultural organiza-
tions with people in just for the summer. The policy will have to be defined very
tightly. Mayor Edel suggested the city should acknowledge the M.A.A. and Balle~ West but
cannot go all the way because this will take away a privilege given to the locals.
Councilman Collins said the staff should look at the magnitude of this and get an idea of
how many people this would be. Council directed the staff to come up with some figures
and report back to Council.
2. Rob McClung asked Council to consider placing on the agenda an amendment to an
ordinance regarding personnel rules and political activity.
Councilman Parry moved to add this to the agenda; seconded by Councilman Collins. All
in favor, motion carried.
3. Bill Martin asked the city to consider some kind of reveiw in the west end of the
traffic problem. Martin said he did not think it is fair to have a private walking path
on Lake avenue without checking to see whether or not this is serving the purpose for
which it was approved. Chapman said the staff is counting on if there are problems, the
city would get complaints. Having heard a complaint, the staff will check it out.
COUNCILMEMBER COMMENTS
1. Councilman Knecht moved to add to the agenda a discussion on a long range planning
citizens committee; seconded by Councilman Parry. All in favor, motion carried.
2. Mayor Edel brought up the settlement with Andre Ulrych regarding the employee housin¢
City Attorney Taddune said he felt the law suit accomplished the goals of the city. The
units will be rented at the city's regulated rates; people will know
they
can
complain
to the city attorney's office. Also if the city takens action, the defendants will have
to pay the attorneys fees.
3. Mayor Edel asked about the bench on Mill street. Chapman said he has discussed this
with the transportation department. They do have the money and staff time and will get
it done.
4. Mayor Edel said he would like a report from staff on the response to the contribution
of 50 per cent of the cost of flowers in the commercial core.
City Manager Chapman requested adding to the agenda a resolution scheduling a special
election September 28 for the Wheeler Opera House and scheduling a progress report on
the siting for the two water tanks.
Councilman Knecht moved to add both items to the agenda; seconded by Councilman Parry.
All in favor, motion carried.
VENDING ISSUES
City ManaGer Chapman reminded Council at the last meeting a number of business owners in
the downtown presented Council with a petition regarding vending in the downtown area.
Council had directed Chapman to meet with the business owners and with the sole vendor,
Peppermint Patti. It was agreed there were some things Peppermint Patti was doing that
were not contemplated under the agreement. The agreement was to try to get Peppermint
Patti back to her traditional method of operation. The business people want Council to
eliminate all vending in the downtown area. Peppermint Patti felt that would put her
out of business. Chapman had indicated there were some things Patti was doing that were
not in the city's license, and Patti would have to stop putting the hot dog pushcart in
Rubey park for the five day, six hour period. This was a lease rather than a license and
was not authorized to do. Peppermint Patti requested to be allowed to present a lease
for that space and an operation plan in writing. The business community requested no
vending in the downtown community.
Mayor Edel said the petition from the business coramunity had 120 signature backing Perez'
position of no vending in the commercial core. Peppermint Patti present a copy of her
proposal and a petition with 503 signatures. Mayor Edel said he was surprised when he
saw Peppermint Patti's pushcart and did not think that was what he had voted for. Mayor
Edel said he thought the operation and van would be like in past years. Mayor Edel said
the pushcart went beyond in type of structure and goods ~old to what he had thought.
Peppermint Patti said she had taken it for granted Council knew what it was. Rich Perez
said it is not his intent to put Peppermint Patti out of business. Perez said he felt
there should be some regulation on Council's part as far as allowing vendors in town.
Perez read again the statement from the July 12th Council meeting setting out the objections
of the business community to vendors. Perez said the cost of operating a business in
this town is very, very expensive. Because of the high overhead, the business community
does not feel it should be competing against people who can compete on a temporary basis.
City Attorney Taddune pointed out the Council reviews vending requests on a case by case
basis. One of the requirements is there a.?public need for the service. Council has
concluded the service provided by Peppermint promotes a public need.
Bambi Patterson reminded Council she asked for Cookie Muncher vending permit for special
event and at athletic events. They would like the right to sell their product at special
events only. Terry Badger of Nature's Storehouse said the business community is concerne~
with future vendors. The merchants would like a guarantee this would not be built out of
proportion; where the Council will draw the line. Randy Terry of Fudgeworks said if
Council gives permission to Cookie Munchers, he should be able to get permission for
Fudgeworks to do the same thing.
Peppermint Patti said the contract is specific on what she can sell. What they are trying
to get ironed out is the method of operation and where. The petition she submitted shows
people like Peppermint Patti; she provides quick service at the right price. Perez told
Council the comments at this meeting show what the problem could be in the future.
Mayor Edel asked Peppermint if she was willing to go back to essentially the same type of
operation as in prior years. Peppermint said she could keep the push cart mobile but
there are some safety problems. Gary Plumley said the Commercial Core and Lodging
Commission have discussed the problems of vending. The CCLC unanimously voted to continu~
the position against any vending in the downtown Aspen.
Councilman Parry said he would like the various groups to get together, go over a map of
the central core, and come up with a consensus of the areas Peppermint could be in.
Councilman Parry said he does not like the pushcart being in Rubey Park on city land.
Councilman Knecht said the city is trying to build a quality image of Aspen. If the
Council loosens up on that, there will be trouble from here on out. Councilman Knecht
said he abhored the idea of any kind of vending in the downtown area. Councilman Knecht
said he would agreed to Peppermint vending at construction sites, parks. There is no
need for vending in the downtown area.
Mayor Edel said the change in Peppermint's vending has caused concern. Mayor Edel said
if she went back to prior years operation, it was amenable to him. Councilman Collins
agreed. Councilman Collins said he would like to look at a map and set up arrangements
with the downtown people and with Peppermint. Council agreed to have staff work with
Peppermint and the business community and to continue the decision to Thursday, July 29
at noon.
RESOLUTION #20, SERIES OF 1982 - Calling Special Election on Wheeler Opera House
City Manager Chapman presented a resolution establishing a special election to be held
Tuesday, September 28 for the purpose of seeking voter approval for the financing for the
renovation of the Wheeler and/or the sale of the Wheeler. This is on the agenda in respol
to last week's Council~ meeting to review the status of the Wheeler. The staff reported
to Council at the end of September, the city will run out of money for the renovation work
Chapman said the options are either a general obligation bond or acceptance of one of the
~two offers the city received for a sale/lease back of the Wheeler. Council has indicated
the alternative of doing nothing was not acceptable and wanted one of these two issues
to go to the voters.
Councilman ODllins moued to approve Resolution #20, Series of 1982; seconded by Councilman
Knecht. All in favor, motion carried. Council requested a study session next week to
discuss this issue. Council scheduled this for Monday, August 2 at noon.
ORDINANCE ~33, SERIES OF 1982 - Sale of Castle Ridge
Councilman Parry moved to adopt Ordinance #33, Series of 1982; seconded by Councilman
Knecht.
City Attorney Taddune submitted a memorandum to Council which tracks all the items that
have been discussed and to highlight the terms of the agreement. Taddune suggested this
be tabled so the collateral documents can be finalized. (Councilwoman Michael came into
Chambers). The city will receive $200,000 for improvements at closing; $50,000 during
the closing process; $155,000 for consultation services; $70,000 for the non-compete
agreement. Gene Zaftt, representing the purchaser, said the non-competition agreement is
that until Londoff gets into the program, the city will not build a new project right
next door and move everybody into it.
Taddune pointed out that the promissory note is independent from the city's bonds; howeve~
the payments to the city cover the bond obligati~ns. Zaftt said the note and the lease
will mature concurrently; at that time, they have an option to buy the land. Failure to
buy the land will mean they lose everything. Mayor Edel asked that the option clause
be clarified. Zaftt told Council there is a separate provision for the assignment of the
rents in the event of default. The city will haVe the right to go directly to the tenant~
for the rents. Taddune said the risk is defining what a default is. Zaftt said the
city required the assignment of the rents to cover this. The purchaser, if defaulted,
would lose ~verything they have given the city up front.
Mayor Edel said he thought all the improvements were to be done immediately rather than
over a two year period. Chapman said the landscaping and sprinkler system have already
been installed. There is a bid on the roadway, which will hopefully be done this
summer. After that, the purchaser will sit down with the tenants and discuss priorities
for improvements. Mayor Edel asked if Council had discussed this remaining employee
housing for only fifty years. Chapman explained that is the longest term the city has
for any employee housing.
Mayor Edel brought up the 6.4 per cent rent increase or the cost of living, whichever is
higher. Zaftt said the city required enough payment to amortize their debt so that the
purchaser has an unusual debt service, which increases at an accelerated rate. There are
increasing operating expenses and there is rent control. Based upon an increase of 10
per cent per year in the operating expenses and built in the increasing rate of payment
on the mortgage note, the rents must go up 6.4 per cent a year to develop income to cover
the project. The city negotiated in a clause if the operating ext~enses do not go up as
anticipated; however, if the operating expenses increase at a greater right, the applicant
has the right to consider more than 6.4 per cent increases. The increases are geared to
the actual operation of Castle Ridge. The city has to approve any increases after review-
lng the figures of operation.
After told Council if the operating increases are not 10 per cent, the 6.4 per cent rent
increase will be decreased dollar for dollar. Zaftt told Council if the owner wants to
add amenities for the tenants, these cannot be recouped through rent increases. Chapman
said the staff was concerned that with an absolute increases, there would be disincentives
for continued investment.
Mayor Edel opened the public hearing.
Harry Truscott said he would like to improve the assurance that this project will be
retained as low and moderate income housing. The buyer is getting a sizable tax shelter
and acquiring property at a low interest rate. The city will get its construction costs
paid off and will qet $70,000 a year in taxes and lease. Both parties should be pleased
with the contract. However, as far as protection of the property remaining low and
moderate rental projects, there should be some changes made. The rental increase section
is very complex. Truscott suggested the parties agree not to raise rents for five years.
After that five year, they would come to a long term agreement. Truscott said the second
approach is to separate out the operation of the project as a rental project as a non-
profit structure; take the taxes and lease out of the operating cost. This would leave
only the necessary operating costs.
Chapman told Council one of the things built into the operating expenses is a figure for
deferred maintenance, which is $12,000 per year which will go up by 10 per cent a year.
This is allocated for major expenses down the road. The city would expect to do this if
they continued to own it. Zaftt said for the first few years there will be a negative
cash flow. They cannot agree not to raise rents for five years as they will be putting
more money in. Chapman told Council the $30,000 to the city is for the land lease. If
Council wanted, they could cancel this and it may lower rents.
Council brought up the possibility of condominiumization. Chapman said the city has
chosen to say it is not wise to say five years from now that rentals is the way to go;
employee ownership may be the way to go in five year. The staff is trying not to make
a decision to predict the conditions of ownership versus rentals in the next twenty
years. Councilman Knecht said he like the idea of leaving that decision open. Council-
man Knecht said if the city negated ~he lease payments of $30,000 a year, that would be
saving the tenants $21 a month; he is in favor of moving toward that.
Jeffrey Sachs said he is in favor of selling the project. However, there is a clause in
the contract that the city will not start construction of a similar project within a 2
miles radius within 24 months. Sachs pointed out the city has agreed in the Marolt
project to lease back 70 housing units. The non-compete clause should be amended. Sachs
said the real problem is H.B. 1604 past last year which says that municipalities and
counties cannot enact any form of rent control legislation pertaining to ownership of
private property. Sachs said when the note on Castle Riedge pays out, they will own the
land. The law, which has not been interpreted, says the city can be involved in those
rent controls where the city has an interest in a public-type pro~ect. Sachs told Counci~
the answer about rent controls won't be known for several years. Sachs said the city
ought to provide in the contract a reversionary clause if the law changes. Sachs said
the city ought ~o have a clause allowing the city to plane and legislate for new public
employee housing if the city has to have one if the city is put out of business of
regulating private property. Chapman told Council that the purchaser is entering into
this agreement free and clear of any particular ramifications of that house bill. The
purchaser agrees this will be deed restricted employee housing for fifty years irrespec-
tive of any implications.
Council requested staff address these concerns and report at the next meeting. Mayor
Edel continued the public hearing until August 9, 1982.
ORDINANCE #26, SERIES OF 1982 - Revisions to GMP quota
Councilman Parry moved to adopt Ordinance ~27, Series of 1982; seconded by Councilman
Collins.
Mayor Edel opened the public hearing.
Alan Richman, planning office, reminded Council they agreed to no change in the residential
quota; agreed to an increase of lodge quota to 35 units. The Council had directed staff
to make a change in the commercial quota; staff recommened 35,000 square feet. Council
requested a research of rationale for 24,000 square feet and to develop the quota.
Richman explained the rationale for 24,000 square feet emerges out of the growth manage-
ment plan itself which says 24,000 square feet should serve the commercial needs of the
metro area. However, this did not cover other commercial zones like S/C/I, NC, etc.
Richman said the growth management plan indicates Council is consistent with the adopted
plan.
The staff has followed Council's direction and revised the quota downward; CC and C-1
has been revised down to 10,000 square feet. There is substantial building going on in
the CC and C-1 right now. The NC and S/C/I has been reduced from 9,000 to 7,000 square
feet. This is a low impact zone in terms of employee generators. The Office zone is
reduced to 4,000 square feet and the CL and other to 3,000 square feet. Richman told
Council part of the rationale is that for a project to be developed ofcany economica
feasibility, there has to be a number to justify a pro3ect. In some zones, Council may
see requests for multi-year commitments.
Welton Anderson brought up the changes from the P & Z resolution. The vo~e at P & Z was
unanimous for 35,000 square feet. The P & Z felt that to throw all areas into a quota,
it was not fair to use'the number that had been used for the CC for the last five years.
The P & Z felt there had to be an increase in the number of square footage. Anderson
pointed out in the office zone with a 4,000 square foot quota and a 6,000 foot lot, a
6,000 square foot building cannot be built without using more than one year's quota.
Anderson requested Council go back to the square footage recommended by P & Z. Perry
Harvey, P & Z, concurred with Anderson and told Council the P & Z looked at this very
carefully. The P & Z wanted to come up with square footage figures that would all for
competition for projects. What P & Z recommended was a 25 per cent reduction in what was
occurring. Harvey said if this figure was too liberal or not being used up, it could be
reduced. Harvey said it is easier to lower the quotas in future years than to go through
real crimp and have to open the quotas up.
Gideon Kaufman told Council P & Z spent a lot of time and the figures they came up with
are realistic. Kaufman said if these are adopted, for the first time in some of the new
zones, people cannot compete for a viable project. The Council has taken away the viabilit
project would have in these new zones the first time through. Kaufman said Council has
over-reacted to concerns about the growth in CC and C-1 districts; the response is too much
of a cutting back. This is opening up a new problem with greater restrictions. Jeffrey
Sachs said he felt that 4,000 square feet quota is the office zone is too restrictive.
Most of the offices in town are occupied by professionals who give service to the communit~
If office space becomes scarce, or costs more to occupy, that cost is passed on by the
professionals to the community. Harvey pointed out that the lodge quota in the last few
years was so restrictive that there were no new facilities, no upgrading, an increase in
cost of the existing facilities. The city may face the same problem in the commercial
areas if they make the quotas so restrictive.
Mayor Edel closed the public hearing. Richman said of the three projects last year, none
are being taken through the process. What is being built right now are 1979-80 applicatio
Sunny Vann, planning director, told Council that 35,000 square foot quota reflects a
reduction in what the city has experienced sance the adoption of the GMP by about 10,000
a year. Council told staff they felt 35,000 square feet was too large and requested that
the quota be 24,000 square feet for total commercial building. This can be justified on
the original assumptions of the GMP. Richman said the 20 per cent bonus for each category
is still in the ordinance.
Councilwoman Michael said her concern is with the square footages, especially an the S/C/I
and office zones, people will not build. Richman said this will take multiple year
commitments.
Roll call vote; Councilmembers Knecht, aye; Collins, aye; Michael, nay; Parry, nay; Mayor
Edel, aye. Motion carried.
ORDINANC-~ ~27, SERIES OF 1982 - Lodge GMP Scoring Procedures
Alan Richman, planning director, told Council one issue in this ordinance has raised
considerable public opinion, this is the issue of rehabilitation or reconstruction of
existing units. The planning office specifically developed this on concern of Council and
businesses and the community about the quality of existing units and what could be done to
provide an incentive for quality. Richman said the planning office thought if they pro-
vided some points in GMP process in lodge scoring for rehabilitation and reconstruction,
this may provide an incentive. P & Z concurred with this, and language is presented in
the ordinance.
Richman said the planning office has had questioned about the fairness of that provision.
The case is if an applicant in L-1 or L-2 is the owner of a vacant piece of property, they
are prohibited from competing under this provasion. This provision is worth 10 points out
of the 100 available; these 10 points would be entirely unavailable to an applicant with
a vacant piece of land. Richman said there is question to the equitability of this
provlsaon. The planning office has offered three alternatives.
One alternative is to leave the 10 points for rehabilitation in. Council originally liked
this p~ovision because existing lodge units could be brought up to first class without
adding to the inventory; no growth - high quality. Richman said if this alternative is
chosen, language could be added that an applicant would have to have the rehabilitated
units open before the new ones are built. Upgrading existing units is a concern to the
entire community.
Another alternative would be to take the rehabilitation and reconstruction and mold it
into a category where everybody can compete. This could be in the category of quality of
units, whether reconstructed or new. Richman said he did not strongly favor this. The
third alternative as to retain the rehabilitation and reconstruction but adds in any year
where there are multiple applicants and one cannot compete under this provision, the
provision would not be included in the scoring.
Mayor Edel opened the public hearing.
Jeffrey Sachs told Council he favored the last alternative. Applicants with vacant land
are at such an immediate handicap they cannot effectively compete because they are 10
points behind with no way to make the points up. Competitions in the past have been won
or lost be one point. Sachs pointed out this is the second highest category of points
except for employee housing. Sachs said he favored the last alternative; in some competi-
tions, there may not be an applicant with a vacant lot, then the 10 points for rehabilita-
tion can come into effect. Mayor Edel said if the city used that approach, they would be
taking the incentive for rehabilitation away. Spencer Schiffer said the third alternative
would bring new units on line first and have the rehabilitation incentive pushed down.
A1 Blomquist told Council the executive board of the lodging association supports the
ordinance as proposed with the ten points for rehabilitation and reconstruction. Dunaway
suggested changing the points for this category. Richman told Council when he presented
this concept to P & Z, he supported it very strongly and felt it is in the community's
best interest. Councilman Knecht said he felt lodges should be governed by a supply and
demand theory and the quota for lodges should be dropped. Councilwoman Michael said there
should be an increase an the number of lodge units and there should be incentives for the
rehabilitation of existing units. Councilman Parry said he would like to see the lodge
units outside the growth management plan and get some decent accommodations in Aspen. Mayo~
Edel said it would be a disservice to disregard what past Councils and staff have tried to
do.
Lee Miller said he hoped the Council would endorse the ordinance as written. The root of
the problem in Aspen is to give existing lodqes an ~ncentive to rehabilitate. Miller said
the Aspen Alps and Aspen Square also support this position. ~ll~Car~pb~ll presented~aletter
from the Condominium Manager's Association, representing about 1400 lodge rooms, said they
feel the small lodges are part of the character and uniqueness of the community. The
problem seems to be quality rather than quantity, and the lodges that are unique to Aspen
must be given equitable treatment to upgrade against more sophisticated development. The
Manager's Association supports the ordinance as written.
Perry Harvey, chairman of P & Z, said this ordinance does two things; incentive to rehabil~
rate, and the ability to compete on an equitable basis so the community will get the best
product. Harvey said the incentive is that existing lodges will not have to compete in the
GMP for their existing rooms, only for expansion units. Charlie Hopton said Council has
a moral obligation to give the unique lodges an advantage as well as the legal right to do
so. The entire zoning process is discriminatory. The ultimate goal of upgrading lodges
is important to give these lodges the extra edge.
Gideon Kaufman said this ordinance gives unfair advantage to property owners in L-1 and L-2
that own existing lodges. Kaufman told Council this ordinance will cut down on the compe-
tition and get a stagnant situation. There is no other GMP situation that automatically
gives an applicant the ability to walk in with a ten point advantage. Spencer Schiffer
pointed out that an applicant only gets one pomnt for every five units that are rehabilit-
tated; this is not an automatic ten points.
Mayor Edel closed the public hearing.
Mayor Edel said he favored reducing the points of rehabilitation as a compromise. Council-
woman Michael said she would like to put this off and discuss the issue with staff. Vann
said the alternatives are no preferential treatment, a lot of preferential treatment or
reduce the amount of points as a compromzse. Councilman Knecht said he preferred it as
written.
Councilwoman Michael moved to table Ordinance ~27, Series of 1982; seconded by Councilman
Collins. Councilmembers Michael and Collins in favor; Councilmembers Knecht, Parry and
Mayor Edel opposed. Motion NOT carred.
Councilman Knecht moved to adopt Ordinance ~27, Series of 1982, on second reading-as
written; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Michael,
aye; Knecht, aye; Collins, aye; Mayor Edel, nay. Motion carried.
ELECTRIC RATE INCREASE
Finance Director Sheree Sonfie~ld told Council that PSCo passed an electric rate ~ncrease,
which will be effective January 1, 1983. The city supported an intervention against this
increase, which resulted in slight decrease in the increase. The city has an ordinance
which allows an automatic increase in city electric rates from increased costs. Ms.
Sonfield wanted Council to be aware of the upcoming increase.
SEMI-ANNUAL FINANCE REPORT
Finance Director Sheree Sonfield told Council that things are looking financially sound.
Ms. Sonfield presented a list of appropriatzons and expenditures Council has made through
June 30. The staff has reviewed secondary budget requests, the first of which was employe~
bonuses and salary distribution, which Council approved in the 1982 budget process. There
were two conditions which had to apply; (1) if there was enough money; (2) if the salary
increases for the employees lacked behind the C.P.I. Ms. Sonfield said the C.P.I. for the
last 13 months has increased 13.2 per cent; the pay raises have increased 15 to 18 per
cent over the same period. Based upon that, the staff (not me) determined that the
salaries are keeping up with the purchasing power in this area. The staff (not me) is
recommending the bonuses not be distributed. The staff also recommends that secondary
requests not be approved but looked at again in a few month. Ms. Sonfield said the staffs
are watching their budgets and trying to be careful. Mayor Edel and Council complimented
Ms. Sonfield on her report.
CASTLE RIDGE - Roadway Improvements, Curb & Gutter
City Manager Chapman told Council the city engineer had hoped to have the bids analyzed
for this meeting; however, he is waiting for backup material.
Councilwoman. Michael moved to table this item until August 9, 1982; seconded by Councilman
Parry. All in favor, motion carried.
LIGHTING PROJECTS
Councilman Knecht reminded Council they had discussed the Christmas lights and what had
happened to them. At that time, they found out that there were no plans for lighting.
Councilman Knecht said as part of the upgrading and marketing effort throughtout town,
he got together with John Levy'; a lighting consultant. Councilman Knecht said that Levy
had come to town and viewed Main street and came up with a different project idea than
just Christmas tree lights. This concept is to light interesting trees or highlight uses
starting with the Castle Creek bridge and throughout town. Levy also went through the
mall and came up with xome designs for mall lighting. Levy's proposal for lighting design
is approximately $20,000 and all phases of construction for the mall lights and Main stree~
lights is $200,000. Levy has figured out a maintenance program for the whole thing. ~
City Manager Chapman told Council he brought this up now because Council will be setting
a study session to look at the five year capital improvement program. Council had asked
the staff to come up with an undergrounding project out of the electric fund. Chapman
recommended Council consider this as part of the five year capital improvement program out
of the electric fund. Chapman said this program can be capitalized out of the electric
fund.
ORDINANCE ~35 and #36, SERIES OF 1982 - Municipal Borrowing from First National Bank
Councilwoman Michael moved to read Ordinance ~35, Series of 1982; seconded by Councilman
Knecht. All in favor, motion carried.
ORDINANCE ~35
(Series of 1982~
AN ORDINANCE AUTHORIZIN~ LOANS OF $150,000 AND $100,000 RESPECTIVELY TO
TWO KEY CITY EMPLOYEES TO ASSIST THEM IN FINANCING THEIR PRIMARIY
RESIDENCES was read by the city clerk
Mayor Edel pointed out there ls not cost to the city; however, the city agrees to keep
on deposit at the FNB $100,000 which will bear no less than 2 per cent below the Federal
funds rate. Chapman said it is hard to predict what the market will do over a long term.
The city is using Federal funds rates as guide posts. The city possiblly will make some
money on the whole deal. Councilman Collins said he felt the city was setting a poor
precedent by going into the mortgage business. Chapman pointed out a former city manager
received a loan to build a house, and employees get rental advances from the city.
Chapman said he was not suggesting the city do this as a matter of course; the staff is
proposing a solution to a fairly difficult problem that some key employees have found
themselves in through no falut of their own, which ms interest rates. These employees are
making a concession in terms of their sweat equity; they are using this to buy down intere
rates.
Councilman Parry moved to adopt Ordinance ~35, Series of 1982, on, first reading; seconded
by Councilwoman Michael. Roll call vote; Councilmembers Collins, nay; Knecht, nay;
Michael, aye; Parry, aye; Mayor Edel, aye.
Cou~ciiwoman Michael moved to read Ordinance ~36, Series of 1982; seconded by Councilman
Parry. All in favor, motion carried.
ORDINanCE ~36
(Series of 1982)
~N ORDINANCE AUTHORIZING THE BORROWING OF UP TO $250,000 FROM THE FIRST --
NATIONAL BAN~ IN ASPEN BY A NON RECOURSE PROMISSORY NOTE SECURED BY
ASSIGNMENT OF CERTAIN DEEDS OF TRUST ON REAL PROPERTY TO FUND CERTAIN
LOANS TO KEY CITY E~.~LOYEES FOR THE FINANCING OF THEIR PRIMARY RESIDENCES
was read by the city clerk.
Councilman Parry moved to adopt Ordinance ~36, Series of 1982, on first reading; seconded
by Councilwoman Michael. Roll call vote; Councilmembers Parry, aye; Michael, aye; Knecht,
aye; Collins, nay; Mayor Edel, aye. Motion carried.
MOTHER LODE LEASE
City Manager Chapman told Council after the city closed on ~he two lots next to the Mother
Lode, Assistant City Attorney Gary Esary talked to appraisers and the owners of the Mother
Lode regarding the leasing of the property to the Mother Lode for the balance of this
year. After much negotiation, it was suggested ~o lease this for $1,000 for the remainder
of the season. Chapman pointed out during the balance of this year, the Mother Lode will
be subject to a great deal of construction; the city ms trying to keep the lease reason-
able.
Councilwoman Michael moved to authorize and direct the Mayor to enter into a lease agree-
ment with the operators of the Mother Lode restaurant, calling for a lease term from
July 27, 1982, to September 30, 1982, for a total rent of $1,000 and according to the
terms and conditions of the lease presented at the Council meeting of July 26, 1982;
seconded by Councilman Parry. All in favor, motion carried.
CAPITAL IMPROVEMENT PROGRAM - FIVE-YEAR EQUIPMENT REPLACEMENT SCHEDULE - IMPOUND LOT
City Manacer Chapman suggested scheduling a work sesszon for these three items.
Councilman Collins moved to schedule a study session; seconded by Councilman Parry. All
in favor, motion carried.
GMP EXEMPTION, FAR BONUS, PARKING REVIEW, CONDOMINIUMIZATION Smith Building
Drake Jacobs told Council this is three years old and has been going through all the varic s
processes. This building is located right next to La Cocina. Colette Penne, planning
office, said they are requesting GMP exemption for the two employee housing units, parking
review exemption since there are no spaces for the unit, and condominiumization of the
building into five units; two employee units and three commercial spaces. ~
Ms. Penne told Council at the GMP submission in 1979, there one one employee unit at 700
square feet. There is a change to two units at 450 square feet, which is better in terms
of the housing market. P & Z was adamant that these units be put in the low income
rental guidelines. P & Z would only grant the FAR bonus if these were low income. Ms.
told Council these units are conditioned upon meeting the minimum size. The Code requires
one parking space per bedroom; however, in the commercial core, this is often waived.
Councilman Parry moved to approve a GMP exemption for the two employee studios of at least
400 square feet each at the low income category; an exemption from the provision of parkin¢
spaces for the employee studios; subdivision exception for the purposes of condominiumiza--
tion of the five units subject to: (a) compliance with the six-month minimum leases as
per Section 20-22; (b) production and recordation of a final condominium plat; (c) filing
of a deed restriction for two low income at least 400 square feet studios with the city
attorney prior to receipt of a certificate of occupancy; (d) filing of a statement of
subdivi~±on exception and declaration of covenants, restrictions and conditions; seconded
by Councilman Knecht. All in favor, motion carried.
AMENDMENT TO SUBDIVISION AGREEMENT - 700 South Galena
Assistant City Attorney Gary Esary told Council he had reviewed the history of this agree-
ment and the problem is how to provide security to make sure this project moves forward
and completes. This is essentially a voluntary agreement between the applicant and the
city to deal with neighborhood concerns. The P & Z required a performance bond, what they
really want is a bond to restore the site to its previous condition. Esary said the
applicant was not able to get a lender or insuror to come up with this type of bond. Also
the engineering deparment felt thDt with all the earth restraining work that will have to
be done, it would cost a tremendous amount of money to restore the site to the original
condition. Esary said the applicant tried to get these bonds, and came into Council in
April and asked if a performance/completion bond would do. The applicant was given approv~l
for this with additional liquidated damages clause. The contractor for the applicant is
not of the size to get a $4,000,000 completion bond and have offered as a substitute security
a letter of commitment calling for the bank to have a separately funded amount of money
in at least the amount of the contract to be able to Complete the project.
Esary told Council the city attorney's office feels this security to complete the project
is the best that can be done. Esary explained the letter of commitment provides that a
sum of money would be available, the bank would guarantee as part of the financing package
the bank would step in an hire a contractor to complete the project.
Councilman Knecht moved to amend paragraph four of the 700 South Galena subdivision agree-
ment as requested by the~ applicant in the letter of July 2, 1982, to permit a change in
the form of security offered therein to an irrevocable letter of credit or equivalent with
liquidated damages which specific agreement shall be approved by the city attorney; secondE
by Councilman Parry. All in favor, motion carried.
ORDINANCE ~31, SERIES OF 1982 - Appropriations, General Fund
Councilman Parry moved to adopt Ordinance #31, Series of 1982; seconded by Councilman
Knecht.
Finance Director Sheree Sonfield told Council these are both second readings. Mayor Edel
opened the public hearing. There were no comments. Mayor Edel closed the public hearing.
Roll call vote; Councilmembers Parry, aye; Collins, aye; Knecht, aye; Mayor Edel, aye.
Motion carried.
ORDINANCE #32, SERIES OF 1982 - Interfund Transfers
Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the
public hearing.
Councilman Parry moved to adopt Ordinance #32, Series of 1982, on second reading; seconded
by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Michael, aye; Collins,
aye; Parry, aye; Mayor Edel, aye. Motion carried.
ORDINANCE ~37, SERIES OF 1982 - Personnel Change
City Attorney Taddune said this is a request from the Police Chief that the Council amend
a section of the code providing that city employees may engage in political activities but
that have to take a leave of absence during the campaign and during the period of their
office. Rob McClung told Council the purpose of this request is to allow him to run for
sheriff without taking a leave of absence from the job as police chief. McClung said
under these conditions,,it is difficult to run for any office, even school board. Taddune
told Council if they adopt this, Council is saying conceptually there should be flexibility
to allow employees to run for office without jeopardizing their job as a city employee.
Mayor Edel said this ordinance would have everyong judged on an individual basis.
Mayor Edel said he had no problems with this as a broader ~ssue. However, this specific
issue has great implications and ramifications. Mayor Edel said he ~s unmitigatingly
opposed to this. Councilman Parry said this amendment is important to allow employees to
run for things like school board. Councilman Knecht asked if the way the ordinance was
originally written is constitutional. Taddune said there is a case ~n another jurisdic-
tion, almost identical to this, and it was found to be appropriate and enforceable.
Councilman Knecht said he felt any employee should be able to run for elected office and
be able to retain their job until the election has been decided.
Mayor Edel said the issue is whether the Council wants to have McClung run for sheriff of
Pitkin County and also be chief of police. Also, does McClung keep his house. And what
is the rationale for running. Councilwoman Michael asked what happens if McClung runs
and win. McClung said he is running on the consolidation ticket. McClung said his interes~
is in putting consolidation together. McClung said if elected sheriff, he would take a
leave of absence as chief of police. McClung said he would like the right to run for
elected office.
McClung said he felt the consolidation issue and whether the sheriff is appointed or
elected is a voters choice. Councilwoman Michael said the Council needs to know what thi~
means in regards to McClung's employment after the election; what it means regarding the
employee housing unit. Consolidation has not been dealt with specifically by the Council
or Commissioners. Mayor Edel said the elected officials should come up with a definitive
plan about consolidation; the appointed or elected sheriff. This is apersonality issue
rather than a consolidation issue. City Manager Chapman outlined Section 6.5 of the
Charter, which says it is the City Manager's decision on administrative offices and there-
fore how long McClung would be police chief. Chapman told Council he had told McClung
that he did not feel McClung could be elected sheriff and remain police chief. Chapman
said until an official decision is reached about consolidation, there is no way that
McClung can fill both positions.
Councilman Knecht moved that Rob MeClung be a candidate for sheriff and that he should
be able to run without taking a lea~ of absence; seconded by Councilman Parry. Council-
members Collins, Parry, and Knecht in favor; Councilwoman Michael and Mayor Edel opposed.
Motion carried.
Councilman Knecht moved to read Ordinance ~37, Series of 1982, as amended taking out "and~
or the City Manager; seconded by Councilman Parry. All in favor, motion carried.
ORDINANCE #37
(Series of 1982)
AN ORDINANCE AMENDING ARTICLE VI SECTION 2-82(c) OF THE MUNICIPAL CODE OF
THE CITY OF ASPEN REGARDING POLITICAL ACTIVITY OF CITY EMPLOYEES was read
by the city clerk
Councilman Knecht moved to adopt Ordinance #3l, Series of 1982, on first reading as
amended; seconded by Councilman Parry. Roll call vote; Councilmembers Collins, aye; Knec?
aye; Michael, aye; Parry, aye; Mayor Edel, nay. Motion carried.
CITIZEN COMMITTEE%ON LONG RANGE PLANNING
Councilman Knecht said he and Mayor Edel have been discussed a committe for long range
planning of Aspen and the metro area. Councilman Knecht said he would like to serve on
this as well as the Mayor. Councilman Knecht said he would like to appoint seven people
from the community and come back to Council with a list of names. Councilman Knecht said
'he would also like approval for a small budget. Mayor Edel suggested that the amount be
determined after the committee is selected.
Councilman Knecht moved for approval to come back to Council with a list of names for this
committee; seconded by Councilman Parry. All in favor, motion carried.
WATER TANK SITES
City Manager Chapman told Council the county has to go through a review procedure for
approval for the water tank sites. The city's engineer and water attorney met with the
county on this. One item of concern the county is worried about the location of the
2 million gallon tank will open up service possibility to an area this is not zoned for
that level of development. Chapman said the city has attempted to assure the county that
2 million gallons in no ways increases the city's ability to service additional customers
This tank is for fire protection and to provide service to existing customers in emergen-
cies. The county would like assurances from the Council. Chapman told Council the city'~
agreement with Art Pfister is that if he is given additional developments rights, the
city can serve him with 'the surplus capacity. This has nothing to do with treated water
storage. This site of this tank is primarily for existing customers.
The city Council instructed the city manager and/or city attorney to inform the Board of
County Commissioners that the location of a 2 million gallon treated water storage tank
on the Pfister property will not in and of itself allow service to additional customers
or provide capacity for expanded development on that site.
Councilman Knecht moved to continue the Council meeting to Thursday, July 29, 1982 at
12 noon; seconded by Councilman Parry. All in favor, motion carried. Council left
Chambers at 10:55 p.m.
Kathryn ~ Koch, City Clerk
Continued Meeting Aspen City Council July 29, 1982
Mayor Edel called the continued meeting to order at 12:10 with Councilmembers Parry,
Collins, Michael
Councilman Parry moved to reconsider Ordinance ~27, Series of 1982, as the decision was
hasty or ill-advised, and to continue the meeting to Tuesday, August 3, 1982 at noon;
SEconded by Councilman Collins. All in favor, motion carried.
VENDING ISSUES
Mayor Edel reiterated from past meetings the feeling of Council that Peppermint Patti
has been serving a useful.purpose for over 12 years; however, Council feels that the
change in the method of operation has caused problems this season. Mayor Edel said
Council would like to return to the operation of previous years. Peppermint Patti said
she would agree to go back to the previous operation but would like the right_ to use
the push cart for special events. Peppermint Patti told Council she would keep her
operation at the south end of Wagner park.
Rich Perez, speaking for the business community, said they would like to discourage and
not have any street vending in the future. Mayor Edel said Council has looked at each
vending license request on an individual basis and all have been turned down. However, in
this particular case, Council finds that Peppermint Patti serves a use for the community.
Perez pointed out there are 50 to 60 restaurants in the downtown serving what Peppermint
Patti serves. Mayor~Edel said the council finds that the van which goes around to the
constructi0n~ sit~s and 6he pops~l~ Wagon are what the Council finds acceptable and meets
the community needs.
Councilman Collins said he felt Peppermint Patti should continue to operate but Council
should define within what limits. Councilman Collins said he felt this should be a mobile !
operations, covering certain areas on the perimeter of the downtown core. Mayor Edel said
the Council has had no problems with the operation in previous years; Peppermint Patti
should go back to the original way of operation. Councilman Parry agreed the hot dog
push cart is not acceptable in Wagner park; it is acceptable in parks where there are no
concession stands. Mayor Edel agreed the push car~ should be kept out of the downtown
area.
'Council agreed that Peppermint Patti should revert back to the previous operation with the
two other vehicles. The operation of the new push cart at the Rio Grande or at the golf
course is permissable. Rich Perez asked if it were possible to set regulations for vending
of all types so the law enforcement agencies know there is no vending in Aspen. Mayor Edel
said there is no vending without permission of Council, and these are all reviewed on an
individual basis. Councilman Parry said that Council has been watching vending closely and
has tried to keep it out of the mall area.
City Manager Chapman said he understands Council wan~s Peppermint Patti to operate with the
truck and motor scooter as in past years. She is not allowed to use the truck and the
scooter in the mall. The operation follows the action of special events. The push cart
will stay out of the downtown area as defined by anything south of Main street. Peppermint
Patti can go ~o other parks as long as it does not interfere with concession'~stands or
restaurants.
Councilman Collins asked if this operation was only to be two vehicles. Mayor Edel said
there is a big difference between the two vehicles; one is a motor scooter which sells ice
cream and popsicles. Ther other is a push cart selling hot dogs, pops and etc. This ~s
the one causing problems. The Council is trying to restrict not eliminate this.
Councilman Parry moved to restrict the hot dog push car~ from the mall, Wagner park and
Rubey park.
Mayor Edel asked Peppermint Patti if she had any problems keeping the push cart out of the
downtown are and is it implicit that she knows where to operate. Peppermint Patti agreed.
All in favor, motion carried.
Mayor Edel brought up other outdoor operations and vending on private property. Tony Mazza
representing the Flower Cart, which is located on private property, told Council this cart
has a lease. This car~ is on wheels and does not have a roof; the owner was notified by
the building department that it violates a section of the building code. Mazza said a
building permit is not required for counters or anything under 5 feet tall. This is move-
able and not permanent. Beth Gill, owner of the cart, told Council this cart is at the
airport in the winter and will return there this winter. Ms. Gill said she felt this cart
adds to the beauty of the area.
Bill Drueding said if this is allowed, anyone can sell anything on private property. These
are like commercial expansions. City ManaGer Chapman said there is an administrative or
policy decision on whether to permit exterior retails sales. There are some types of
operations that the Council may want these permitted. For example, Council may want to
permit an exterior food service use that is adjacent to an interior food service use. So~e
uses add to the ambiance of Aspen, other detract.
Councilman Parry moved to relieve the ten-day notice to abate on the flower cart so that
Council can make some policy decisions; seconded by Councilman Collins. All in favor,
motion carried.
Councilman Parry moved to adopt Ordinance #34, Series of 1982; seconded by Councilman
Collins.
Mayor Edel opened the public hearing. There were no comments. Mayor Edel closed the
public hearing.
Roll Call vote; Councilmembers Collins, aye; Michael, aye; Parry, aye; Mayor Edel, aye.
Motion carried.
Councilwoman Michael moved to add to the agenda a request from the Commercial Core and
Lodging Commission; seconded by Councilman Parry. All in favor, motion carried.
Mary McCarten told Council the CCLC voted to sponsor a children's festival in town over th~
Labor day weekend. Ms. McCarten requested $6,000 of the CCLC funds for this event. The
people that are going to put this on put on a children's festival in Snowmass in June and
Snowmass was very pleased with this event. Council said they felt the funds for the CCLC
were to go toward permanent improvements in the downtown core rather than events. Ms.
McCarten sai~ the C~LC felt this would be a good event for the business community and get
people and business into town. Mayor Edel said he felt it was inappropriate for the
Council to give $6,000 for an even~ that someone is going to make money off of. This
should more appropriately be funded by the Chamber.
Councilman Collins moved to appropriate $6,000 from CCLC funds for the children's festival;i~
seconded by Councilman Parry. Councilmembers Collins and Parry in favor. Councilwoman
Michael and Mayor Edel opposed. Motion NOT carried.
Councilwoman Michael moved to continue the meetin to Tuesday, August 2, 1982 at noon;
seconded by Councilman Parry. All in favor, motion carried.
· Kathryn S~ Koch, City Cler~ ~
Continued Meeting Aspen City Council August 2, 1982
Mayor Edel called the meeting to order with Councilmembers Michael, Parry, Collins,
and Knecht present.
Councilman Parry said he wanted to reconsider Ordinance ~27, Series of 1982, Lodge GMP
scoring to give more thought where the L-1 and L-2 zones are and how this affects them.
Councilman Parry said he also wanted to reconsider to that a first class hotel could
be built on a vacant lot. Sunny Vann, planning director pointed out the ordinance as
proposed and passed at the last regular Council meeting provided an incentive for the
reconstruction of existing units and to obtain bonus points. An applicant on a vacant
site would have an automatic 10 points disadvantage.
Vann outlined three alternatives. (1) Leave the point system as is, with a preference
for reconstructmon; (2) eliminate this altogether; (3) reduce the points for reconstruc-
tion. Councilman Parry said he did not want to tie the hands of an applicant who may
wish to construct a new, quality hotel on vacant property. Vann told Council the ordinar oe
as written that if an applicant tore down a number of existing units and reconstructed
them, they would recemve a certain amount of points. Adding to the inventory of lodge
units is not the mssue; improving the quality of existing lodge units is.
Mayor Edel reopened the public hearing. A1 Blomquist, representing the Lodging Associa-
tmon, told Council they felt the way the ordinance was written was quite clear. If
Council changes the ordinance at all, Blomquist hoped it was for the comprommse to make
it more fair to all applicants. Blomquist said he did not feel 10 points for reconstru(
tion was that big a disadvantage for an applicant with vacant land. Blomquist told
Council a study shows the town needs upgrading of existing units rather than new units.
Blomquist said the position of the ALA is to take out the 10 points for reconstruction
is rolling back some of the progress that has been made. Blomquist said public policy
has been to encourage upgrading of the inventory of lodge units.
Glen Oliver presented a letter from Lee Miller. "Dear City Council: Last week you
passed Ordinance ~27, which would provide substantial incentives for rehabilitating some
of Aspen's existing lodges, including the Limelite, Snowflake, Aspen Manor, Skier's
Chalet, Deep Powder, Holland House, etc. While I'~ sympathetic towards the Aspen Skiing
Company's desire to build a first class hotel a~ the base of Little Nell, please do not
undo the positive steps made by Ordinance ~27. With 39 points available for design and
with all the land around the base of Little Nell, I'm sure they can design a magnificent
hotel very effectively and very effectively for GMP allocations. I urge you~not to
remove the incentives that you provided last week for the rehabilitation of existing
Aspen lodge units. Sincerely, Lee Miller".
Gideon Kaufman said there are some basic inequities here. The distinctions are a small
lodge owner trying to upgrade, a major tear down and rebuild, and a vacant lot. Kaufman
pointed out that tearing a lodge down entirely and rebuilding is like having a vacant
lot. Kaufman told Council that an applicant with a vacant lot competing mn the lodge
GMP would start 10 points behind, and no other GMP scoring has that built in, inherent
unfairness. Kaufman said there have been GMP competitions where one-half a point
distinguished between firs% and second place. Mayor Edel agreed that this o~dinance
really does not address helping the small lodges.
Councilman Knecht said there is a marketing problem in Aspen mn the tourist industry and
present lodging quality is part of that problems. Councilman Knecht said rather than
GMP competition, he felt lodging should be done on a supply and demand basis.
Councilwoman Michael moved to delete from Ordinance ~27, Series of 1982, the 10 points
orovided for rehabilitation and reconstruction and to approve Ordinance #27, Series of
1982 as amended; seconded by Councilman Parry.
Mayor Edel closed the oublic hearing. Roll call vote; Councilman Knecht, aye; Collins,
aye; Parry, aye; Michael, aye; Mayor Edel, aye. Motion carried.
Councilman Parry moved to adjourn a~ 1:20 p.m.; seconded by Councilman Knecht. All in
favor, motion carried.
~'Kathryn~. , y
Regular Meeting Aspen City Council August 9, 1982
JOINT MEETING WITH COUNTY COMMISSIONERS
Mayor Edel called the meeting to order with Councilmembers Collins and Knecht present
and Commissioners Kinsley, Madsen and Child present.
1. Smuggler Area Improvements. Glenn Horn, planning office, said the draft Smuggler
Area Master plan recommends that the city and county address the need for various
capital improvements including storm drainage, roads, water and sewer and sharing the
(THERE IS NO PAGE 3336)