HomeMy WebLinkAboutminutes.council.19801208Regular Meeting Aspen City Council December 8, 1980
COUNCIL MEETING
Mayor Pro Tem Behrendt called the meeting to order at 5:00 with Councilmembers Isaac,
Michael, Parry and Van Ness present.
MINUTES - There were none
ACCOUNTS PAYABLE - There were none
CITIZEN PARTICIPATION - There were none.
COUNCILMEMBER COMMENTS
1. Councilman Isaac brought up the several hotel fires in the country that have happened
recently and asked the status of the fire marshal. City Manager Chapman told Council five
candidates have been interviewed and someone should be hired this week. Mayor Pro Tem
Behrendt suggested the new fire marshal go to the Lodge Owners' Association to get a
general program going.
2. Councilman Isaac presented a letter from Dick Meeker regarding open space in the CC
zone district and asked what has happened to that. Karen Smith told Council the planning
office is trying to follow up on a long standing request from Council for FARs.and bulk
control. The planning office is looking at open space as an alternative. Ms. Smith said
she would try to get this to Council before she leaves.
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Regular Meeting Aspen City Council November 24, 1980
spaces at 715 West Main ( Lots D, E, and F; block 19, Aspen townsite) conditioned on
numbers 1, 2, 3, 4, and 5 in the planning office memoranda of October 15 and November 17,
1980; seconded by Councilman Parry. All in favor, motion carried.
PLUM TREE INN LEASE AND LIQUOR LICENSE TRANSFER
City Manager Chapman said this lease had been discussed when the termination with Number
Two Main was discussed, and was approved in concept. The lease stipulates the accounting
methods to be used for the payments. The lessee gets 6 per cent of the net profit of the
rooms, 5 per cent of the food netl profit. Chapman stated it was to the benefit of the
lessee to structure the operation so that the profits are high. Boots Ferguson, repre-
senting the lessee, told Council the Plum Tree is very run down and unless money is put
into it, they don't want to run it. Ferguson said for a four month lease, his clients
do know want to throw $50,000 into it.
Chapman pointed out the city knows very little about managing a hotel/food operation, and
they can either educate someone on the staff to really supervise the operation or write
an agreement for someone else to manage it so that it is to both parties benefits to have
a profit. Chapman said the city is getting people to manage the facility; they are not
putting up any capital investment; they pay employees out of cash receipts; they only get
a management fee. This is standard hotel accounting.
After discussion, Council agreed they would put no money into the facility. Ferguson said
he would have to discuss this with his client. Chapman recommended if they demand the
$50,000 to close the premise.
Councilman Behrendt moved to approve the lease; seconded by Councilman Parry. All in
favor, motion carried.
Councilman Behrendt moved to approve the liquor license transfer conditoned upon the lease
seconded by Councilman Parry. All in favor, motion carried.
LIQUOR LICENSE RENEWALS
Councilman Behrendt moved to approve renewals for Copper Kettle, Country Road, Toro's, Hotel
Jerom, Home Plate, Paradise Theatre, Uncle Willy's Spirit House, Clark's Market, Great
Wester Spirit Company, Ute City Banque, Mother Lode, Wienerstube, Elk's, Hickory House,
Maurice' s, Steak Pit, Golden Horn, Paddy Bugatti' s, The Public House, and Galena Street
East; seconded by Councilman Parry. All in favor, motion carried.
Councilman Parry moved to approve Little Annie's renewal conditioned upon compliance with
the health inspector; seconded by Councilman Behrendt. All in favor, motion carried.
WHEELER OPERA HOUSE COMMISSION
In light of the fact that Ford Schumann is no longer with the M.A.A., he cannot be their
representative to the Commission. Mayor Edel suggested that since Stacy Standley has not
been an active member, they replace him with Schumann.
Councilman Behrendt moved to appoint Ford Schumann to the Wheeler Opera House Commission
to replace Stacy Standley and ask the M.A.A. to appoint another member; seconded by
Councilman Parry. All in favor, motion carried.
Councilman Parry moved to adjourn at 10:00 p.m.; seconded by Councilman Collins. All in
favor, motion carried.
Kathry~. Ko6h, City Clerk
Regular Meeting Aspen City Council December 8, 1980
COUNCIL MEETING
Mayor Pro Tem Behrendt called the meeting to order at 5:00 with Councilmembers Isaac,
Michael, Parry and Van Ness present.
MINUTES - There were none
ACCOUNTS PAYABLE - There were none
CITIZEN PARTICIPATION - There were none.
COUNCILMEMBER COMMENTS
1. Councilman Isaac brought up the several hotel fires in the countrY that have happened
recently and asked the status of the fire marshal. City Manager Chapman told Council
candidates have been interviewed and someone should be hired this week. Mayor Pro Tem
Behrendt suggested the new fire marshal go to the Lodge Owners' Association to get a
general program going.
2. Councilman Isaac presented a letter from Dick Meeker regarding open space in the CC
zone district and asked what has happened, to that. Karen Smith told Council the planning
office is trying to follow up on a long standing request from Council for FARs and bulk
control. The planning office is looking at open space as an alternative. Ms. Smith said
she would try to get this to Council before she leaves.
Kegu±ar Meeting Aspen City Council December 8, 1980
Rosall told Council this program is oriented~toward some kind of incentives; they feel
it is important for the Council to take whatever steps they could to show ~hey are
encouraging private participation, One of the incentives from the city might be to
provide mall bricks, either at a nominal cost or donation, for projects attempting to
utiliZe the bricks. AnOther incentive might be a matching grant or award program done
by the city. A third way the city could act as a positive force is through its capital
improvement program. Rosall said the entire process should be streamlined and simple so
it is not difficult for someone to participate.
COuncilwoman Michael said if Council adopts these guidelines and provides no money in the
1981 budget for matching grants, this would only be used as guidelines. Ms. Smith said
this is only a guideline and serves people who have been asking the city for this kind
of help. At this time this is only a guideline; the Council could adopt an ordinance to
implement this as a standard to be acheived by the cases Rosall outlined. Council does
not have to take this step.
CounCilman Parry moved to adopt the downtown sidewalk and landscaping guidelines; seconded
by Councilman Isaac.
COuncilman ISaac said he is not in total agreement that the PCPA should be administering
this program. Hal Clark, representing the PCPA, stated they were not either and pointed
out the Council has not yet formed the downtown commission. Rosall said it is suggested
the PCPA be designated only in the interim; the planning department would be the central
coordinator of the review process. The downtown commission should be involved as soon
as it is formed. Councilman Isaac said he did not see the city as being able to give
cash as an incentive for taking care of the sidewalks. There is the possibility of doing
a downtown improvement district.
Councilwoman Michael stated she basically supported the guidelines; however, she does have
a design problem with the A, B, C sidewalk designs, it seems a tricked up way to go.
Councilwoman Michael said with this brochure and With the downtown commission, people will
react to these and they can be changed. Councilman Van Ness sa~d he felt telling people
what kind of trees they have to plant smacks of "Big Brotherism". Gary Plumley-told
Council this goes way back to the mall commission and downtown improvements. Merchants
want to do improvements, and the city did not have any guidelines for these improvements.
These guidelines do not say one has to do anything; it gives ideas for their improvements.
All in favor, motion carried.
ARTHUR'S CHINESE LIQUOR LICENSE AND LEASE
Councilwoman Michael left Chambers due to a conflict.
Mayor Pro Tem Behrendt opened the public hearing. City Clerk Koch reported the posting
publication, and file is in order; however, the distance to a school is less than 500
feet. Andy Hecht, representing Arthur's, told Council he felt perhaps the lease should
be addressed first. Councilman Van Ness said he woUld like time to look at this lease
and to address it at another Council meeting.
Bob Grueter told Council at their March 10th meeting, Councilman Behrendt had moved to
approve the lease subject to further discussions by the administration concerning the
amounts of additional rental and assignment of the lease. At that time, the then city
attorney told Council the lease was drafted to protect the city's interests. The motion
was amended to inClude this as subject to final review by the city attorney. Chapman told
Council the lease at that time was proposed by the applicant without review. The lease
in front of the city now has gone through a lot of negotiations.
Chapman tOld Council this lease is drawn up so that the city can terminate the lease at
anytime for any reason whatsoever; it is subject to the city's good will. Even if the
city terminates the lease, the applicant is subject to paying up to two years of basic
rent. There is notice provision in the lease of six months for termination. The city
feels they have a lease so that if it does not work out, the city gets out of it. The
city is held harmless in all cases as part of the lease. The basic rent is $1,000 a month
o~0 per cent of the gross liquor sales; the city has the right to audit the books at
anytime; the finding of the city's accountant as to the accurate estimate of gross liquor
sales is binding~ if the city finds an understatement of over 6 per cent of the gross
liquor sales, that is considered a material default in the lease. Chapman said this is
a typical lease that a landlord has in this town with restaurants; he has compared this
to other leases and feels this is a little tougher.
Mayor Pro Tem Behrendt asked what equity there is in having the lessee owe the city
$24,000 if they are terminated. Chapman answered this is to provide negative incentive
in regards to performance. The theory is that this haS been~a viable business in the
community, one that is a successful contributor to the community and Council wants to try
to help i~ 9ut. In that spirit, the equity is that the city is not normally in the business
~ ~pe~v~s~g a business like this so the city wants to provide some negative incentive. Il
±~ ~ne tenants screw up, it will cost them. Chapman said he would like an indication
as to whether the staff is on ~the right track. Council said they would like time to go
over the lease.
Councilman Van Ness moved to table the lease until the next meeting and to continue the
public hearing on the luqior license; seconded by Councilman Isaac. All in favor, with
the~exception of Councilman Parry. Motion carried.
ORDINANCE #58, SERIES OF 1980 - Increasing Occupation Tax
Mayor Pro Tem Behrendt opened the public hearing. Mayor Pro Tem Behrendt explained the
occupation tax has not been raised in several years and the city is looking for more
revenues. Joe Nazarro, Raymond Lucchini and Klaus Christ were present representing the
liquor industry, Joe Nazarro said the~ recognize the city's need for money; however, they
would like to see fairness in the distribution of raising revenues for the city. Nazarro
stated the city is taking 72 licenses and placing the enitre burden on them and letting
the rest of the businesses off free. Nazarro said everyone should pay the same amount;
they see no reason why the liquor industry should pay so much money. Nazarro said the
liquor industry garners a great deal of revenue in sales tax and hires a lot of employees.
Nazarro said this tax is essentially overcharging a small group of people. Mayor Pro Tem
Behrendt said the philosophy behind a separate tax for liquor licensed-businesses is that
there are special problems that arise in dispensing of their products requiring heavier
city services than normal. Chapman said there is no question the police department has
more calls that are associated with liquor activities than perhaps boutique sales. Nazarr(
said he had talked to the chief of police, who said that is not true. Ray Lucchini said
the police are more involved in shoplifting-type crimes than disturbances in bars. Chapmar
said he could not say, in any sense of what the police department does~ that the preponder-
ance of their activities is associated with activities that come out of bars; that is not
what the representation is. The representation is that in terms of the businesses ~he
city licenses, the normal experience is that police department activities are greater in
association with bars.
Councilman Van Ness pointed out tourists come here because the skiing is very good as is
the night life. The town needs restaurants and bars. Councilman Van Ness stated the
restaurant and bar industry is one of the toughest, and to put an added burden may make
even more of them turn over, and e~eryone w±tl lose heavily. Councilman Van Ness said
there is no other ski town in Colorado that has an occupation tax; restaurants and bars
pay the state and the city gets $128 and another hundreds on top of tha'~ is not fair.
COuncilman Van Ness stated he is not convinced there is a pressing need for new taxes but
maybe for the city to tighten up on things.
Jesse ]~ddalone, representing the Elk's Club, told Council he had been a trustee for 23
years. Maddalone said the Elk's Club has a lot of donations; last year they gave $2700 in
scholarships, gave out 32 food baskets at Thanksgiving time; has sent money back to the
National headquarters. To tax the club licenses $750 is really an undue burden. Mayor
Pro Tem Behrendt suggested the city should get its information together to determine what
burden on city activity is or is not because of the liquor industry. Jere Michael said
the occupation tax should be thrown out ultimately and the revenues to the city should be
spread out across the board. The liquor industry generates tremendous tax revenues, secon~
only to the Ski Corp. Gary Plumley pointed out if~the city feels the liquor business in
town adds an undue burden to society, ~raising the tax will not change that. The city
should earmark the extra tax for education for drunk driving or alcoholism programs.
Councilman Parry said he would like a study session on business licenses, fees and occupati)n
tax. Councilman Parry said he felt business licenses should be equal licenses and that
the city is taxing the liquor people too much.
Councilman Parry moved to table Ordinance #58 to have a study session to go over all fees;
seconded by Councilman Isaac. All in favor, motion carried.
ORDINANCE #61, SERIES OF 1980 - Increasing License Fees
Mayor Pro Tem Behrendt pointed out this ordinance is to increase business license fees
from $25 to $50. Council and staff should relook at this in light of the previous
ordinance.
Councilman Parry moved to table Ordinance #61, Series Of 1980; seconded by Councilman
Isaac. All in favor, motion carried.
RIO GRANDE TASK FORCE REPORT
Councilwoman Michael said she felt Council should allow for P & Z input. The Rio Grande
Task Force should go to P & Z and make a presentation of what they have been doing all
these months. Karen Smith told Council this is not in the master plan stage; the Council
has asked the Task Force to prioritize the uses. A master planning process will ensue
after Council accepts those uses. This is a simple referral to P & Z.
Councilwoman Michael moved to refer to Rio Grande Task Force report to the Planning and
Zoning Commission; seconded by Councilman Isaac. All in favor, motion carried.
ASPEN SKI LODGE CONDOMINIUMIZATION
Sunny Vann, planning office, told Council this is a request under Ordinance #14, 1980, the
lodge condominiumization ordinance, to condominiumize the Aspen Ski Lodge, which is locate~
in the O, Office district on Main street. Vann said Ordinance #14 provides a mechanism for
condominiumizing non-conforming uses or structures when specific requirements are met.
These requirements address continued short term use of the facility, provision of a minimum
of two employee pillows or the amount of traditional employee housing provided in the last
few years, restriction on personal use of lodge units, provision for on-site management,
affidavit relating to quality and extent of prior services, a provision for physical up-
grading of the facility. Vann reminded Council this particular has already been renovated.
Vann told Council the applicant has satisfied the city attorney's of their compliance
with the regulations of Section 20-23.
Uann noted the intent of the ordinance was to generate revenue to allow for the upgrading
of lodges. Vann told Council the planning office recommended approval of this application
with provision of a trash facility; minor plat requirements, and demonstration of proof
of ownership. The P & Z recommended subdivision exception of the Aspen Ski Lodge with
the above conditions and provision of off-site employee housing. Vann told Council after
the condominiumization procedure began, it became apparent the employee unit in the lodge
~ has been rented for this season. A specific unit will be designated in the future. The
applicant chose to provide a rent subsidy instead of accommodations. The applicant has
met~,with the engineering to work on the trash facility and some on the plat requirements.
This application does require an encroachment into the Garmisch street right-of-way and an
agreement is provided. Council agreed the rent subsidy for one season was a fine arrange-
ment. Ron Austin, representing the applicant, told Council the recorded plat will have a
'irestricted unit shown on it.
Reqular Meetinq Aspen City Council December 8, 1980
Councilman Parry moved to except the Aspen Ski Lodge from full compliance with the subdiv-
ision regulations for purposes of condominiumization subject to the following conditions;
(1) execution of the attached encroachment agreement for the Lodge's trash facility, (2)
execution of a letter of agreement with respect to the provision of employee housing, and
(3) revision of the applican~3s site plan consistent with the engineering department's
memorandum dated November 7, 1980; Seconded by Councilwoman Michael. All in favor, motion
carried.
Councilwoman Michael moved to approve an encroachment agreement entered into between the
City 0f Aspen and the Aspen Ski Lodge; seconded by Councilman Parry. All in favor, motion
carried.
Karen' Smith introduced Alan Richman, a new member of the planning staff.
ASPEN CLUB - PUD AMENDMENT
Karen Smith, planning director, told Council the Aspen Club is asking for an amendment to
their PUD plan to allow a 1200 square foot expansion to serve the purpose of additional
restaurant space. This would be an enclosed indoor eating facility built above an exist-
ing deck in greenhouse style. Ms. Smith stated PUD amendments are allowed by the Code
only if they are required by changes in conditions occurring since the final plat was
adopted, or by changes in community policy. Ms. Smith told Council the planning office
has reviewed the application and compared it with rationale for approving a PUD amendment
and with some impacts.
The planning office has recommended denial of the applications for two reasons; the ground~
on which the Council may authorize PUD amendments, and secondly, impacts. In terms of
changes of conditions and changes in community policy, the planning office finds it
difficult to argue that the changes of conditions have come from with out - that they are
externally imposed. The city attorney has written that the changes in conditions must
come from without - not internal management items.
Ms. Smith reported the P & Z by a straw vote of 4 to 3 voted this application could be
considered because the changes in conditions were from without. Ms. Smith said the
planning office could not agree because of the previous approvals, including a PUD amend-
ment in 1978. In this 1978 amendment, the Aspen Club asked for a substantial expansion
of 10,000 square feet for the club, in return they agreed to give up the rights to a
restaurant which had been in the original plans for a Benedict house. The applicant's
argument for that amendment was changed condition of increased local usage and the need
to keep rates low. Ms. Smith told Council the Aspen Club has gone from 24,000 square feet
in the original application to 52,000 square feet. The planning office finds it hard to
argue the change in condition is necessary to keep rates low.
The second issue upon which the planning office recommended denial is that of parking and
traffic impact. The transportation impaxt has been a significant question in Council's
review throughout the entire application. The transportation plan has taken different
forms from a van service run by the Aspen Club and expanded bus service run by the City.
Ms. Smith stated the parking is still a problem at the Aspen Club. Ms. Smith told Council
the applicant has worked with the engineering department and has come up with a new
parking plan to add 50 plus spaces to the existing parking area. The P ~ Z recommended
approval based on the condition a satisfactory parking plan be worked out. Ms. Smith
reiterated her denial is based on two points; the technical basis for allowing PUD amend-
ment, and the practical impacts to be reviewed through a PUD plan.
Andrew Hecht, Robert Goldsamt, and Millard Kelly were representing the Aspen Club. Hecht
stated they felt there were changing circumstances, which were not forseeable. The
facility demands an enormous amount of capital and operating expenses~ this is incompatibl
with low rates. Hecht pointed out how much ski lift tickets have gon~ up, which make this
no longer an activity for employees. The Aspen Club is a place where employees can gather
Bob Goldsamt told Council there is a snack bar with liquor license presently in the Club
now; the restaurant could be done inside, but it is ugly. Goldsamt said there has been
a dramatic change in membership, making the restaurant necessary to attract back the
upper economic members. In order to attract back higher paying members, they need
facilities that can gain that revenue.
Goldsamt told Council the total square footage is 52,000 square feet; this is a 1200 squar~
feet, which is a 2 per cent expansion. This space is already being used as a restaurant.
There is no height change, no footprint change. Goldsamt said the parking has been a
disaster; they have 35 paved spaces and room for 115; Goldsamt agreed the parking should
be fixed. Goldsamt said as far as an external change, the Aspen Club is now an employee
recreational area, as opposed to the ski mountains.
Mayor Pro Tem Behrendt asked what happened to the city bus service and the contribution to
that bus service. Millard Kelly told Council no one was riding the bus. City Manager
Chapman told Council the Aspen Club had a contractual right that if ridership fell below
certain points, they had the right to discontinue contribution. By the City's data, the
ridership was below those minimums. Ms. Smith pointed out a condition of the liquor
license and the PUD approval was a transportation solution, van service or city bus servic~
Mayor Pro Tem Behrendt asked the city manager to look into the agreement and the liquor
license approval. Councilman Parry said he felt it was dumb to require a shuttle service
When no one rides it. Councilman Parry said he thought it was a good idea to have a good
restaurant out there.
Ms. Smith pointed out the issue that is relevant to the PUD amendment is the transportatio~
impact, which Council has considered since the first application in 1975. One of the
Council's considerations in approving a club in a rural/residential zone was the transpor-
tation impact; the thought in solving this was having a shuttle system on highway 82.
Through experience, it can be said the shuttle system and mass transportation did not
work. What is left is how to deal with it today, will improving the parking help or is
the condition so serious as to prevent a further expansion, which is small in square foot-
age but fairly intensive in use at peak times.
Regular Meeting aspen u~cy uounc~ ~u~=~ ~,
Ms. Smith pointed out with 50 more parking spaces there may be a trip generation daily
that is quite substantial. Councilman Parry said this is making an assumption this will
increase trips. Goldsamt said it could decrease trips with the employees and people
living there eating out there.
Councilman Van Ness moved to approve subject to resolution of the parking problem to the
satisfaction of the City with a minimum of 50 paved spaces and conditional use approval
of the recreation club; seconded by Councilman Parry.
Councilwoman Michael stated she did not see how the applicant could argue changed conditi¢
Councilwoman Michael pointed out the club is in the middle of a neighborhood; this is a
special condition. The applicant has not been convincing that enough changed conditions
have occurred. Mayor Pro Tem Behrendt said he felt this could happen within the Club as
it is very large right now.
Councilman Van Ness amended his motion to include the Aspen Club does not advertise its
eating facility; seconded by Councilman Parry. Councilmembers Isaac, Parry and Van Ness
in favor; Councilmembers Michael and Behrendt opposed. Motion carried.
CONCEPTUAL PUD - Park Place Building
Sunny Vann, planning office, told Council this is an application on behalf of the Park
Place Building and Don Fleisher as a conceptual PUD submission. They have received growth
management plan allocation for 8800 square feet for a building located on Cooper Avenue
between Aspen Leaf Sport and Guido's building. The site is less than 6,000 square feet
and is zoned CC. There are two existing view planes projecting at such angles as to redu¢
the maximum height to less than 40 feet ordinarily permitted; in fact, they reduce the
maximum height to 18 feet on that site. Vann explained that under the view plane regula-
tions, if they exist to reduce the maximum allowable height the aPplicant must proceed
under the PUD process to address flexibility for variances. Therefore, the applicant is
proceeding under this process for a waiver in that requirement.
Vann stated there is a 25 per cent open space requirement in the CC zone district. The
applicant is requested a reduction in that requirement; their proposed building provides
10 per cent open space. Vann told Council under the GMP process, the planning office may
waive conceptual at P & Z and Council; however, Council haS not had an opportunity to see
this project and the planning office felt it might be beneficial for Council to comment
on the requests for these reductions. In scoring this project, P & Z did take into
account the reduction of open space and intrusion into the view plane; however, they were
in concurrence with the project.
Mayor Pro Tem Behrendt brought up the problem with the alley and all the buses going
through, and asked if the problem of delivery trucks interfering with the bus flow had
been addressed. Vann said the building complies with all zoning requirements except the
two outlined above. Vann told Council there is no parking requirement in the CC zone
district. Councilwoman Michael said she did not feel the trucks and buses woul~ be that
much of a problem, there are only two businesses in the building. Vann said Council
could express this as a concern and pass it on to P & Z to address at preliminary stage.
Vann told Council there is an underlying FAR of 1.5:1 in the CC district and this build-
ing's commercial space approximates that FAR. There is an additional .5 bonus where the
applicant may get .2 additional commercial if he provides .3 employee housing. The
applicant has chosen to provide a total of .5 in employee housing and no commercial
additional. Vann explained the applicant felt to require a setback on the rear was
appropriate, given the proximity to the parking lot. The narrowness of the lots and the
inability to do a courtyard development and maintain any commercial space on the ground
level and maintain the view plane limitation was inappropriate, The applicant wished to
maintain.the street front facade of the mall area. The intrusion into the open space is
6 to 7 feet; the building is stepped back to the rear of the lot so the sunlight provisio~
to the mall are not obstructed nor are the views to the mountain impacted. The planning
office feels with the substantial amount of employee housing provided, and the HPC's
feeling of the open space, the end results warranted the reduction of the intrusion into
the view plane and open space.
Councilman Van Ness moved to approve the conceptual submission; seconded by Councilman
Parry.
Councilman Isaac asked how many employee units. Vann answered 4 units restricted to 50
years, they are substantial in size. Mayor Pro Tem Behrendt stated he would like the
alley problem with delivery trucks and buses addressed.
Councilwoman Michael moved to amend to include the language to allow Park Place to inter-
cept the Wheeler Opera House view plane by 6 feet and the Wagner Park view plane by 3
feet and allow them to reduce their open space requirement to 9-1/4 per cent; seconded
by Councilman Parry.
Councilwoman Michael added to the motion to amend that the applicant and the planning
office hold a discussion of the traffic problem behind the building; seconded by Councilm~
Isaac. All in favor, with the exception of Councilman Van Ness, Motion carried.
Vote on original motion, all in favor, with the exception of Councilman Isaac. Motion
carried.
SUBDIVISION EXEMPTION - Schwartzbach
Sunny Vann, planning office, told Council the next two application ar~e for adjacent
properties under separate ownership and were submitted to the planning office six months
ago. That is why they are under the exemption procedure. The zoning is R/MF; Schwartz-
bach is a duplex which has been completed and this is an application for condominiumiza-
t ion.
Council and P & Z met at noon to discuss the Castlewood/Headgate subdivision application.
Present were Councitmembers Behrendt, Michael, Parry and Van Ness; P & Z members Hedstrom
Harvey, Pardee, Blomquist, Tygre, Anderson and Hunt. Mayor Pro Tem Behrendt stated there
have been problems with this application. It is the first 70/30 residential bonus pro3ect
of any size. The P & Z has strong feelings about this project. The Council would like
to hear from the applicant and the P & Z.
Sun~l; Vann, planning office, reviewed the application from the beginning. The property
was annexed and rezoned with a revision provision in the event a development solution coul~
not be reached. The annexation agreement was written with the tone to infer this would
be an appropriate location for a 70/30 density bonus project, if the variety of concerns
of staff, P & Z and Council could be met. A maximum density of 125 units was set; the
criteria was ability of site to carry the units, open space, etc. These-issues could be
addressed through t PUD process as the residential bonus had not been passed. The under-
lying zone, R-15A would have permitted about 150 units ignoring site constraints slope
reduction, rights-of-way, access. PUD would give the mechanism of a review process.
Vann stated if the net acreage of the parcel is reduced down from 35 acres to 20 to 25
acres for these site constraints, it would result in a net density of 90 to 110 units.
At the time of annexation, the applicant contended financial investigations indicated a
density of 125 unit's would be necessary. The planning office and City Council reluctantly
agreed to go ahead with this figure with the understanding that through the PUD process,
the applicant would show whether this was realistic and if 125 units was required. The
property was rezoned to R-15A/PUD/SPA because before the residential bonus, multi-family
could not be permitted without SPA. Since then, any more units over the underlying zone
district would require rezoning to residential bonus overlay.
The applicant put together a conceptual PUD subdivision based on the annexation constrain
Several alternatives wer~ submitted to the planning office. These were referred to in-
house agencies, Open Space Advisory Board and some citizens' groups. A number of issues
arose and the applicant was notified in an effort to resolve some potential problems. In
the meetings with OSAB and the P & Z, three parameters came out. (1) vehicular access to
employee and free market sites should be via a Cemetery Lane extension - engineering and
P & Z felt Castle Creek could not take the added traffic. (2) Another concern from OSAB
and concurred by P & Z was that open space should not be fragmented but a significant
open space parcel should be created by the development and should be contiguous to the
Thomas property. (3) From review of all proposals, it was found the employee housing unit
should be located south of the Main street extension to maintain a significant open space
parcel, proximity to transportation and the constraints of adding additional employee
traffic to Castle Creek.
Based on these parameters, the applicant came up with a revised plan to incorporate these.
There was an additional plan to show the employee housing on the southernmost part of
the property. P & Z reviewed this, and at conceptual approval came up with six criteria.
(1) development of employee housing confined north of Main street right-of-way and south o
Highway 82 and east of a mutually agreed upon right-of-way for the Castle Creek/Cemetery
Lane connector. (2) development of the free market housing be south of the Main street
extension right-of-way. (3) that site constraints determine development densities. (4)
no indication of appropriate density of 125 units be given at conceptual r~evtew but be
deferred to P & Z preliminary plat review. (5) recommendations regarding parking, Midland
right-of-way, open space, trails and road dedication be deferred to preliminary at the
request of the applicant. (6) all free market units be subject to six month rental
restrictions. The applicants had requested exemption from the six month rental restrictiol s.
This is the way the application left P & Z. Council essentially concurred With the
additional condition that the Castle Creek/Cemetery Lane extension right-of-way be located
to maximize the size of the parcel for employee housing.
The application then went to preliminary plat. The planning office memorandum at that
time states the applicant had concurred with the paramemters imposed on it in the con-
ceptual process. The'engineering department had site specific conditions, technical in
nature. Vann told Council a new feature at the preliminary stage was a separate one acre
parcel for relocation of Mrs. Marolt's house. It was argued this would create further
intrusion into the option space on the souther~ portion of the property. P & Z did not
agree with the planning office and had no problem with this. The parking issue was dealt
with at preliminary, and P & Z stated the applicant must meet one space requirement for
residential development. However, P & Z was willing to waive an initial provision in the
free market portion with flexibility to provide this at final plat.
The planning office recommended the integrity of the Midland right-of-way be maintained -
no development be allowed in this right-of-way until a final disposition was made. P & Z
did not concur with this and felt it was appropriate to take a stand and pass their
recommendation to Council. P & Z recommended the Main street right-of-way should be a
dedicated right-of-way. P & Z approved the applicant's site plan, which shows development
in the Midland right-of-way. P & Z reaffired their commitment to the six month rental
restrictions.
Vann told the Boards density is at 114 units, including Mrs. Marolt's relocated structure.
Vann said the applicant provided detailed information regarding the slope reducation, and
the planning office computed the underlying zone density to be 100 units on the PUD find-
ings. The planning office argued, given the parameters of where the units were to be
located and the conditons put on at conceptual stage, that the applicant would have to use
the residential bonus to get the density to 114 units over the underlying 100 units. Vann
explained a reduction of 14 units would not significantly reduce the visual or physical
impact of the project. A substantial reducation to 80 units would make a change.
P & Z, in reviewing preliminary plat, had a problem with the employee units they were all
over the minimum size of City Code, which resulted in the rents falling close to middle
income guidelines. P & Z felt to approve this project and at this location, it should be
providing more affordable employee housing. P & Z tabled the application for the applicant
to change the size of the employee units so that the rents would be closer to moderate<'
income range. Vann said the applicants then submitted revised drawings for the employee
portion, slight change in mix, smaller units, with rents about at the moderate range in
1982. There were some other changes, and the planning office was reserving comments for a
site plan.
Vann told Council not all P & Z members agreed with the location of the units. At the
public hearing, there was considerable input that the project was too big, too dense, on
the entrance to Aspen, too expensive. At the last P & Z meeting, the P & Z tabled 'action
with a straw vote -- if the applicant submitted changes, could the Commission approve the
project -- and a 5 to 1 vote~against.
A1 Blomquist asked to what extent the City had a contractual obligation through the annexa-
tion agreement. Acting City Attorney Bob Edmundson said the agreement speaks to that with
the revision clause. Lee Pardee asked taht upon conceptual approval with three conditions,
which the applicant has met, what reliance does the applicant have. Edmundson said the
process is three-pronged, conceptual, preliminary, and final, and there is never any agree-
ment an applicant is "in". Mayor Pro Tem Behrendt asked that P & Z and Council go over
the areas of concern - siting, density, easements, costs of the units.
Olof Hedstrom said at the beginning there was the goal of employee housing; this was a
developer that listended to all concerns. Hedstrom said at the first Public hearing of
preliminary plat there was great sinceritY and devotion to Aspen rather t~an personal
concerns. Hedstrom stated "density is forever",.and people Will always have to look at
this project on the entrance to town. Hedstrom agreed with the OSAB original recommendati(
that the entire parcel remain open space; however, he disagrees with the compromise that
the project be clustered at the bridge and Highway. Hedstrom stated he feels the open
space should be preserved on both sides of the Highway to the Castle Creek bridge. Hedstrc
said he felt the density is too great, and whatever it is, it should be as far back and
out of sight as possible. Hedstrom said he doubted in the end this project would provide
affordable employee housing.
Lee Pardee stated he has always been in favor of the project. The developer has been coop-
erative; the City gave parameters, which they met. Pardeed stated he liked the 70/30
policy. Pardee said he felt the P & Z was swayed by the OSAB, and he would prefer the unit
in the corner away from Highway 82 where they can be hidden. Pardee Said his problem was
the cost of the units. Pardee stated density should be a function of location, site plan,
etc. Pardee said he does not mind density but does mind bulk and massing.
welton Anderson said he did not know enough about financial feasibility to determine densit
under the "Robin Hood" theory. Anderson said this project may be too dense. Anderson
stated his problem is the location and the siting. Anderson said he would prefer the sitir
as originally presented; the density is, perhaps, an economic problem.
Roger Hunt said, given the decision there will be development here, the choice is now What
is the next best thing to occur. Hunt stated he felt now is the wrong time to be denying
a project. Hunt pointedout, on the basis of inspections, it was decided to cluster
development near accesses and leave everything else open. Hunt said he preferred concen-
trated development, however at a slightly less density, where it is on the preliminary plat
On the right-of-way question, Hunt wants the Main street extension. Hunt stated the
employee housing is still too high in cost, but what isn't. Hunt reiterated it is too latz
to say no.
Jasmine Tygre stated her initial concern was the cost of employee housing; the idea of
extra density or overlay bonus is an exchange to get employee housing, which was perceived
as a community need. 70/30 bonus is not appropriate to get moderate or middle income hous-
ing but should produce low incomehousing. Ms. Tygre said she is not in favor of the
siting with the employee units close to Highway 82. If a relocation is possible, she would
prefer them farther from view. Regarding overall density, Ms. Tygre stated this is much t¢
dense but could not give a specific number of units. Ms. Tygre said the impact of this
many more people on the west side of town has to be looked at with respect to Main street
and the transportation system. The traffic patterns will change.
A1 Blomquist said he felt there is a contractual obligation through the annexation agree-
ment. Blomquist demonstrated on a map where he felt the employee housing should be moved.
Blomquist stated the open space cOrridor along the river is priceless, and a big issue is
that the parcels across the river not be sold and be kept as part of the open space.
Secondly, the open space connector across to the golf course and onto the Zoline property J
a great planning opportunity for continuous open space.
Perry Harvey concurred that the entrance to town should not be built upon. Harvey stated
the density is approximately 20 to 25 per cent too great. The easements are all right;
trails will be worked out. Harvey pointed out this project is making a trade with a
developer - he gets 30 per cent free market housing in exchange for 70 per cent good
employee housing. Harvey stated, although this is not the city's concern, the 30 per cent
has to work economically. The six month rental restriction cannot be applied to these
free market units; they have to be able to be sold for the maximum amoUnt of money. If
not, this will compromise the quality of the employee units.
Hedstrom Stated the density is too high by 20 to 25 per cent; the developer has to work
out finances to achieve density the P & Z and Council can support for the people of Aspen.
Hedstrom reiterated he would accept siting as far back as possible from the highway.
Regarding the six month rental restriction, Hedstrom is in favor of it but would accept a
waiver to make the project work. Pardee stated he favored no restriction. Hunt said if
the city wanted to take off the six month rental restrictions, then rezone the property
L-1 and L-2; if they want it residential, keep it residential which requires six month
rental restrictions.
Vann told the Boards the project has been designed with short-term receiver areas and
uses. The planning office arguement is that this is an R-15 zone district and appropriate
for long term residential uses and should be restricted. Ms. Tygre said she felt it
important to uphold the slx month resntal restrictions in this area to retain it as a
residential area. Blomquist said no to six month rental restrictions. Anderson stated
he saw no answer to this question as the units could be vacan~ 10 or 11 months a year.
Vann restated the issue whether this should be a residential area by definition and what
happens to that concept to provide a mechanism to short term the units. If the six month
lease restriction is ignored here and a different project comes in, where does one draw
the line. Pardee pointed out with the new 70/30 ordinance and special review procedures,
on of the procedures can be to review whether or not the six month rental restrictions
should apply. This would require a minor Code amendment.
Councilman Van Ness stated he preferred the density toward the read and has no problem
with the 114 unit density. Van Ness said the cost of the employee units seems reasonable
and yes, there should be six month rental restrictions on the units. Van Ness said it is
important that something should be built on this property as the City is committed by
contract. Behrendt stated the City is not committed by contract as pointed out by the
Acting City Attorney.
Councilwoman Michael said she felt all through the process siting of employee housing shou
be at Castle Creek. This did not come to Council as an option. Ms. Michael pointed out,
whether this project is done or not, Castle Creek is going to be inadequate. The
community will have to come to a conclusion, Marolt project or not, that something will
have to be done about Castle Creek. Ms. Michael stated she preferred the siting of the
employee housing on Caslte Creek with the understanding the inadequacy of Castle Creek
road will have tO be dealt with. Ms. Michael agreed with the right-of-way as proposed.
The density should be around 100 or as low as practical; the six month rental restrictions
should stay.
Councilman Parry said he preferred siting of the original map; the density is okay. Parry
said. he preferred Main street right-of-way and does not care about the Midland-right-of-
way. The cost of employee housing is fine. Parry said he does not think the six month
rental restrictions is necessary. Behrendt told the Boards that Mayor Edel had said a
project is necessary but would like to see the density reduced. Behrendt stated the publi
sector has to recognize with this project, Castleridge, county project, the hospital, etc.
something has to be done about the roads. Behrendt said he wanted the siting of the
pro3ect at the rear of the site. Behrendt said he would go as far as 90 units for
density. The Main street right-of-way has to stay and Behrendt would appeal to leave the
Midland right-Of-way open or 30 years away, the next technology will have no place to go.
Behrendt stated the narrow Midland strip should remain open and everything should be
back of that to the maximum density allowed. Behrendt said, regarding the cost of
housing, to expect the developer to build quality units, the moderate category should be
considered. Behrendt said given the location of the free market units and the residential
character of the neighborhood, he would not want to see the units short-termed and wants
the six month rental restriction to remain.
Jim Mulligan, representing the applicant, told the Boards they did not expect the units
to generally be used as short-term rentals; however, from marketability this is a buyer
choice. Also permanent financing with a six month restriction is very difficult. Carly
Woods said the designers of the project felt the units should be at the south.
Vann stated he felt this meeting indicated this project is back at conceptual stage.
Considering the cost involved in going to preliminary stage, the applicant will not want
to go back to preliminary stage until they get a conceptual approval from P & Z and
Council. Vann outlined the issues and the general consensus. (1) new conceptual approval
with the employee housing at the southernmost part of the property. (2) density - the
feeling is split but most in favor of a reduction from 80 to 100 units with the minority
members saying the existing density is all right. The underlying zone density is 100
units, and some members say an increase above the underlying density may be inappropriate
(3) the question of access to Castle Creek is subject to discussion with a tendency
that improvement to Castle Creek is required. There are alternatives on the location of
this alignment. (4) The Main street right-of-way should be a dedicated right-of-way.
Behrendt and Hedstrom want the Midland right-of-way to be preserved. Vann said this
issue may become moot if the density goes down and it is not necessary to develop into
the right-of-way itself. Ms. Michael stated the majority of people do not feel the
Midland important enough to change the site design in that area.
Vann brought up the slx month minimum lease - which he felt the Boards are generally in
favor of keeping. The general feeling of the Boards is to keep the cost of the employee
housing low to moderate. The applicant asked if there was any predisposition against the
apartment-type housing. P & Z and Council said no. Behrendt asked now where this is in
the process. Vann said the P & Z cannot take action on the plat as submitted. Vann said
the applicant will have to go back to conceptual approval before P & Z, unless Council
wants to defer that step and have the conceptual come straight to Council. Mulligan said
this application has been approved at conceptual with certain parameters. Changing those
pre-approved parameters, they are no longer in the same plat mode procedurally. They
have to go back and start at conceptual again. What has caused this is the relocation
of the building envelope for the employee project; that is the only change. Mulligan
said the applicant has spent time, energy and money trying to solve the issue regarding
the Castle Creek road. It was the city engineering department said that the employee
units could not be there just because of that road. They relocated the employee units
up by highway 82 for that reason. Wayne Chapman, city manager, said the Council seems to
be saying they are willing to bite the bullet, temporarily, with the traffic problems
that are created by putting the employee envelope on the back. If the units are left at
the front, they are there forever and no matter what traffic improvements are made, which
will have to be made irrespective of that, the units will be there forever. Council is
saying they will trade off the hopefully temporary traffic problem in the hopes of gettinc
a clear portal at the bridge.
Behrendt reiterated he felt the Midland right-of-way should be designed around or there
will be problems in the future. Behrendt asked where this application was in terms of
process. Vann said there is a preliminary plat pending before P & Z, which has been
tabled. This plat has to be approved, approved with conditions, or disapproved. Given
the change in the conceptual format, the applicant is back at square one. Vann said the
applicant could redesign the preliminary plat; however, with the cost of details required
the applicant may not to risk that exposure without getting some conceptual approval from
the Boards along these new guidelines. The applicant Can have this flexibility if they
want to take the chance. The applicant can also submit a new conceptual to P & Z and this
will be fast tracked to Council; it is up to the applicant.
Mulligan Said going back to conceputal and fast tracking may be all right; however, all
construction figures are based on starting May 1981. If the applicant does go back to
the start, something has to be done with the preliminary plat submission. If the intent
is to let the plat die, it is with the stipulation that the intent of everyone is not to
let the project die. Vann said the planning office would fast track this to the extent
possible; however, there are minimum review requirements to be met. There will be a time
delay~ and more than one P & Z and Council meeting before P & Z sees this as a preliminary
plat. Vann reiterated it is up to the applicant to choose how they wish to proceed; they
may simply redesign their preliminary plat. Behrendt suggested the developer, city attornE
and planning staff get together and work out a solution for taking this project back
through P & Z. Hedstrom welcomed that and said they would like to see this project move
forward to some kind of solution. Hedstrom said he would prefer them going back to con-
ceptual and finding ways to expedite the movement of the application. Vann told Council
if the applicant comes in with a revised preliminary plat, when Council sees the project
it will be final plat. Vann said P & Z could waive their conceptual review and the
applicant could revise their plan along the guidelines outlined here and go straight to
Council with~the conceptual plan. If this is done, P & Z wii1 have no input to conceptual
and will only~see this at preliminary stage. Council and P & Z agreed they would try to
expedite the matter.
Meeting adjourned at 2:30 p.m.
Kathry~S. ~och, City Clerk
3007
Regular Meeting Aspen City Council December 8, 1980
This is located at 901 andJ911 E. Durant on a 9,000 square foot lot. There is no rental
history as the duplex is just completed. The engineering department recommended approval
with conditions. The city attorney has recommended if this is approved it should be
subject to the six month rental restrictions. The planning office and P & Z have recom-
mended approval with compliance with the engineering conditions and the six month minimum
rental restrictions.
Councilwoman Michael moved to approve the Schwartzbach request for subdivision exemption
for the purposes of condominiumization subject to the following conditions; (1) the
applicant complying with the conditions described in the engineering department's memo-
randum dated June 4, 1980; (2) the applicant complying with the six-month minimum lease
requirements of Section 20-22; seconded by Councilman Parry. All in favor; motion carried~
SUBDIVISION EXEMPTION - Landow
Sunny Vann told Council this is essentially the same situation.
Councilman Isaac moved to approve the Landow request for subdivision exemption for the
purpose of condominiumization subject to the following conditions; (1) the applicant com-
plying with the conditions described in the eingeering department's memorandum dated
June 4, 1980; (2) the applicant complying with the six-month minimum lease restriction of
Section 20-22; seco~edby Councilman Parry. All in favor, motion carried.
POOLING SELF-INSURANCE
Ron Mitchell, finance director, told Council he was asking for a letter indicating the
City's interest in continuing to study self-insurance and going into the implementation
phase of this study. Mitchell recommended the $400 it will cost the city to finance
phase 2 of the study. The estimates are savings to the city of $7,000 up to $16,000 to
$20,000.
Councilman Parry moved to authorize the city manager to prepare a letter of interest to
continue the development of the self-insurance pool including the City of Aspen; seconded
by Councilwoman Michael. All in favor, motion carried.
ORDINANCE 962, SERIES OF 1980 - General Fund Appropriations
Ron Mitchell told Council he has reviewed the 1980 budget and this ordinance will implemen~
the changes that occurred during the year and take care of any supplemental appropriations i!
Councilman Parry moved to read.Ordinance #62, Series of 1980; seconded by Councilwoman
Michael. All in favor, motion carried.
ORDINANCE ~62
(Series of 1980)
AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES IN THE AMOUNT OF $33,000
FROM FUND BALANCE, RECOGNIZING ADDITIONAL UNANTICIPATED ICE GARDEN REVENUE
OF $49,000 APPROPRIATING ICE GARDEN FUND EXPENDITURES OF $42,000, RECOGNIZING
REVENUE FOR CASTLE RIDGE FUND OF $4,008,909, APPROPRIATING CASTLE RIDGE FUND
EXPENDITURES OF $3,926,939, APPROPRIATING POLICE PENSION FUND EXPENDITURES
IN THE AMOUNT OF $28,000 FROM FUND BALANCE, APPROPRIATING RETIREMENT FUND
EXPENDITURES IN THE AMOUNT OF $15,000 FROM FUND BALANCE
Councilman Parry moved to adopt Ordinance ~62, Series of 1980, on first reading; seconded
by Councilman Isaac. Roll call vote; Councilmembers Michael, aye; Isaac, aye; Parry,
aye; Mayor Pro Tem Behrendt, aye; Motion carried.
CONSENT AGENDA
Mayor Pro Tem Behrendt opened the public hearing on the consent agenda items; Liquor
License Renewals for Staats, Chisholm's Saloon, Aspen Meadows, The Shaft, and The Golden
Barrel; second reading Ordinance #60, Series of 1980, Water Rates for Snowmaking. There
were no comments. Mayor Pro Tem Behrendt closed the public hearing.
Councilwoman Michael moved to approve the items on the consent agenda; seconded by Council
man Parry. Roll call vote; Councilmembers Parry, aye; Isaac, aye; Michael, aye; Mayor
Pro Tem Behrendt, aye. Motion carried.
Councilwoman Michael moved to adjourn at 8:30 p.m; seconded by Councilman Isaac. All in
favor, motion carried.
Kathry~S. K6ch, City cl-~rk
Regular Meeting Aspen City Council December 22, 1980
JOINT MEETING WITH COUNTY COMMISSIONERS
Commissioner Kinsley called the meeting to order with Commissioner Child, Councilmembers
Isaac,~Collins and Mayor Pro Tem Behrendt present.
1. BLM Land Discussion. Brian Stafford told the Boards the BLM had asked him to present
all the BLM parcels in Pitkin County, which had been seen in June, plus five more parcels
the BLM owns. Stafford requested the Boards comments on the five new parcels and whether
Pitkin County should take over certain BLM-owned lands in the county. One pa~celljust
300'8
Regular Meeting Aspen City Council December 22, 1980
Another parcel, 0.1 acres, up on Shadow mountain, Stafford suggested might be used as a
triangulation station for the city engineering department; it should be reserved that way.
Another sliver goes along the line of Shadow mountain, touching down to the Midland right-
of-way. This is important to preserve Shadow mountain and open space, and it is suggested
to remain in the public sector. M.S. 4610 is along the Castle Creek side of Shadow
mountain; it is good size, it is elk migratory area, the trails corridor is along the
area. Stafford said he felt it is important to preserve this parcel also.
Stafford told the Board they have suggested to the BLM that many of these lands should go
to the Forest Service to become part of their lands. If the forest service does not want
them, the parcels will be offerred to the state, city or county. These lands have to
remain in the use suggested when it is first lease. The last parcels are lots 19 and 29
which are just south of Owl Creek road and are adjacent to the White River National Forest
service boundaries. Stafford suggested these should go to the Forest Service or Pitkin
County.
Stafford pointed out he would like to delete parcel 9 from going to private parties as it
is very close to the dump and has a potential as expansion or future landfill site.
Stafford went over some parcels that could be sold to the private sector, parcels 10, 12
and 19; they also have some public uses. These will have to be re-evaluated. Kinsley
said the county would not like to sell anything that might end up in development; if there
is a potential for that, the county would oppose the sale. County Attorney Stuller said
the B~ is not allowed to put deed restrictions on land they sell. Stafford said the
Forest Service only wants lands that are within their boundaries. Mayor Pro Tem Behrendt
said the city is in concurrence with the lands that are adjacent to the city and will
defer the county on lands that affect them. Kinsley said the consensus is that Stafford's
recommendations are appropriate. Stafford said he would take these comments, write a
letter and bring it back to the Boards for signature.
2. Planning Director Contract. Curt Stewart, county manager, said the planning director
works for Council and Commissioners. This is a one year contract with Sunny Vann as
planning director for $2500 a month. This is basically the same contract as before.
Commissioner Child moved to approve the contract; seconded by Commissioner Kinsley. All
in favor, motion carried.
3. ~lanning Office Contract. Sunny Vann told the Boards this is essentially the same
as laft year with minor language clarifications. Under the planning office responsibili-
ties "administration" of the subdivision, zoning code, and land use code has been
defined. The other change is A.i(1) adding "provided that the City/County Planner shall
review the work involved in the preparation of such plans and reserves the right to
schedule such work as time permits". The planning office has gone to a work program forma~
and they needed lanugage such that adjustments to that program could not be made arbi-
trarily.
Commissioner Kinsley approved the planning office contract; seconded by Commissioner
Child. All in favor, motion carried.
COUNCIL MEETING
MINUTES
Councilman Isaac moved to approve the minutes of October 14, 27, November 10, 1980;
seconded by Councilman Collins. Ail in favor, motion carried.
ACCOUNTS PAYABLE
Councilman Collins moved to approve the accounts payable for October and November subject
to review; seconded by Councilwoman Michael. All in favor, motion carried.
CITIZEN PARTICIPATION
There was none.
COUNCILMEMBER COMMENTS
1. Councilman Isaac moved to put on the agenda reconsideration of the Aspen Club PUD
amendment; seconded by Councilwoman Michael. All in favor, motion carried.
2. Mayor Pro Tem Behrendt requested a~finat closingsession with the city manager for an
update on buildings and inspections.
3. Councilman Isaac moved to add the Captain's Anchorage liquor license ~ransfer to the
agenda; seconded by Councilwoman Michael. All in favor, motion carried.
4. Mayor Pro Tem Behrendt requested Council look at the Ski Corp lease specifically.
Councilman Isaac moved to put the Aspen Skiing Corporation snowmaking contract on the
agenda; seconded by Councilwoman Michael. All in favor, motion carried.
ASPEN SKIING CORPORATION SNOWMAKING CONTRACT
Assistant City Manager Butterbaugh told Council the city has a final draft of the agreemer
to purchase and sell water wich was drafted by John Musick. The ski Corp has two changes
and Musick is in agreement with those changes. Ms. Butterbaugh told Council Musick has
no problem going ahead with this contract. Ms. Butterbaugh said this should be done by
ordinance. Jerry Blann, Ski Corp, told Council they were having a Board meeting ~he end
of the month; because of the weather, there will be vying for priorities in the capital
budget. Blann said the Ski Corp will be looking for reliance in terms of water and also
creative financing ways. Blann asked Council to consider IRB's over the long term for