HomeMy WebLinkAboutminutes.council.19850930Mayor Stirling called the continued meeting to order at 6:00
p.m. with Councilmembers Isaac, Collins, Walls, and Fallin
present.
Mayor Stifling explained that the city has been asked to move
into third position on the Music Associates property on the
promissory note for the water line. The Music Associates wants
to open their credit, which they do every year, and cannot get
their renewal unless the city agrees to third position. Mayor
Stirling requested this be added to the agenda. Council agreed
to add this item at the end of the meeting
OWL CREEK WATER LINE - Ordinance #31, 1984
John Musick, water counsel, said this ordinance approves a
standard water line extension agreement. Musick told Council
under this agreement there will be a dedication of water rights
from Owl Creek to the city, with a lease back provision so Owl
Creek may use water for irrigation. Musick said the city will
get the water rights, Owl Creek will be putting these water
rights to beneficial use and preserving them for the city. The
city will be receiving about $144,000 for this hook up. There is
a credit on the 1-1/2 inch line that was originally serving the
project, which is standard provision.
Mayor Stirling opened the public hearing. There were no
comments. Mayor Stirling closed the public hearing.
Councilman Isaac moved to adopt Ordinance #31, Series of 1984,
on second reading; seconded by Councilwoman Fallin. Roll call
vote; Councilmembers Walls, yes; Isaac, yes; Collins, yes;
Fallin, yes; Mayor Stirling, yes. Motion carried.
RESOLUTION NO. 24, SERIES OF 1985 - Aspen Institute Subdivision
Exception
City Attorney Taddune told Council they have two documents, one
is a resolution setting forth the grounds for granting the
exception from the subdivision process. The second document is a
statement of exception from the full subdivision process and
declaration of covenants and restrictions. The resolution
articulates Council's legislative action, that a public hearing
was held, that title owner of the entire unified parcel, Aspen
Mountain Joint Venture endorses and supports the application.
The resolution states that Council finds this request for
subdivision falls within the definition of subdivision. It
further states that the Institute has represented that the
Continued Meeting Aspen City Council September 30, 1985
application is for the purpose of confirming record title only
and has agreed that any future application for zoning, land
use or any development pertaining to the academic parcel shall
proceed the same as if the entire parcel was unified and in
single ownership as if no subdivision had been approved, thereby
requiring a comprehensive plan with the concurrence of all title
owners.
Taddune pointed out that a final plat of the unified parcel
conforming to the requirements of the Municipal Code shall be
submitted to the city engineer for review and approval. The
final plat shall contain a recitation subscribed by the owners
of the resulting parcels, the Aspen Mountain Join Venture and
the Aspen Institute, that the parcels are subject to the restric-
tions, conditions and covenants or the statement of exception.
The Aspen Institute is agreeing to participate in a public
improvement district, should one be formed. Mayor Stirling asked
if this implies that AMJV would not be held to that. Taddune
said it does not imply that, but when AMJV come in for develop-
ment approval the city will require the same of them.
Taddune quoted a condition from the statement of subdivision
exception, "Despite the separate ownerships, the unified parcel
hereinabove described, as designated on the official city of
Aspen zoning map, shall continue and be deemed a single unified
parcel with regard to all zoning, land use and development, it
being the intent of the City and Covenantors that any proposed
change in zoning, land use or development with regard to the
unified parcel shall be submitted and considered as if the
unified parcel was not subdivided. NO development application
shall be submitted which does not comprehensively address
development on the entire unified parcel, and no such application
shall be submitted or considered without the written consent of
all owners of the unified parcel".
Taddune told Council this paragraph states land use application
will be considered the same as if the subdivision has not
occurred; no application shall be submitted or considered by the
city which does not comprehensively address the land use consid-
erations, and that no development application will be submitted
which is not consented to by the owners of the Institute parcel
and the remaining parcel. Taddune told Council these conditions
run with the land and will be noticed to anyone purchasing the
property. Taddune said the subdivision will become effective
only on recordation of the plat and statement of exception.
Taddune told Council no conditions or covenants shall be
released, waived or modified without prior consent of the city
by ordinance of the City Council. Taddune said normally the
city does not require an ordinance but because of the sensitivity
of this subdivision exception, it would be in the best interests
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Continued Meeting Aspen City Council September 30, 1985
of the community to require an ordinance procedure, which would
invite public hearing.
Taddune told Council these documents have been submitted to
attorneys representing various groups interested in the applica-
tion. Taddune said the attorneys spent a lot of time insuring
these documents address everyone's particular concerns.
Councilman Isaac moved to adopt Resolution No. 24, Series of
1985; seconded by Councilwoman Fallin.
Dwight Shellman, representing the West Side Improvement Associa-
tion, said the city attorney worked very hard to develop a
consensus. Shellman told Council he has been requested by his
Association to address the question of how to deal with the
likelihood of a lawsuit if there is disagreement. Shellman has
draft a clause about that. Shellman also pointed out there is a
question whether proper notice was given to adjacent owners.
Shellman said he is advised that Markalunas, Mencher, Bresnitz,
Iselin and Hibberd are adjacent owners and their names did not
appear on the list. Shellman said he is not authorized to waive
a defect in notice.
Shellman said some of his changes reflect form and include
representations heard at the hearing, that no further development
of the 26 acre parcel is contemplated. Shellman said the word
"owner" has been marked out, and that may be a mistake. Shellman
suggested inserting a word "comprehensively address all develop-
ment". Shellman read a new paragraph 6, "6, The owners assume
all risk or loss, cost, damage or expense, which may arise from
or relate to any disagreement between the owners as to any
development application with regard to all or any part of the
unified parcel or failure of all said owners to agree to and
proceed upon all or any part of land use for development authori-
zations by the city of Aspen as to all or any part of the
unified parcel. Said owners hereby agree to indemnify, hold
harmless, waive or release the city of Aspen, its present and
future agents and employees and elected and appointed officials
from, of, and as to all suits, claims, demands, damages, loss
and expense, in any way arising out of or related to this
statement of exception or City Council or other municipal
processes concerning the grantment of this statement of exception
for which are hereafter undertaken pursuant to the provisions
hereof. Shellman said this is intended to refer to an approval
Council might give, which approval one or the other of the
owners might disagree upon or have litigation about.
Spencer Schiffer, representing the Aspen Institute, said every-
thing Shellman mentioned has been covered adequately and compre-
hensively by the city attorney's documents. Shellman said these
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Continued Meeting Aspen City Council September 30, 1985
applicants will be unable to agree on a comprehensive development
for the entire parcel and may involve themselves and the city in
litigation and expenses may be incurred. Shellman said the
clause he drafted indemnifies the city against that cost and
that the applicant will waive and release their right to litigate
about what these exceptions mean or how they should be applied.
Shellman said the language of the specially planned area is that
a "precise development plan" and that should be incorporated in
the documents.
Art Daily, representing John Roberts, said he has no objection
to any of the changes except the indemnification clause. Daily
pointed out Roberts is not the applicant but is supporting the
Institute's application to acquire title to a piece of the
Meadows property. Roberts is not going to commit himself to
reimburse or indemnify any parties in connection with this
application. Daily told Council Roberts is not going to waive
any of his rights with respect to development or land use on
that property, except what he has already agreed to do, which is
agree along with the Institute that that property will be master
planned at one time as a single unit. Daily told Council he
feels Taddune's documents have been written very carefully.
Schiffer stated he feels that Ordinance ~20, Series of 1985, the
SPA ordinance, gives the city sufficient insurance against the
expressed concerns. Schiffer said he has worked closely with
Taddune and Daily to come up with language that is satisfactory
to the city. Schiffer said Shellman's proposed change is
designed to cause further delay in this process. Nick McGrath,
representing Concerned Citizens of the West End, said originally
they suggested a provision asking the Institute for a specific
waiver. In the past, the Institute has shown a proclivity for
law suits. McGrath said he raised this issue to Council, and it
did not seem to be part of the consensus. McGrath said he would
like language along Shellman's lines, however, it was not part of
what was agreed to before, and it is difficult to add it later.
McGrath said he feels the documents came pretty far and got a
lot of protection.
Mayor Stifling said these documents sufficiently protect the
city and reflect what Council decided last week. Councilman
Isaac asked Taddune if felt a clause like this was needed.
Taddune said the extent to which Council can extract a legal
right from an applicant as opposed to something Council has an
ability to determine as a matter of discretion becomes an issue
for a court to determine. Taddune said when Council extract
legal rights, they are giving an application the opportunity to
say the extraction was illegal and there was no other alternative
but to agree. Taddune said there is not a judge in this country
who is going to say a citizen does not have a right to go into a
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Continued Meeting Aspen City Council September 30, 1985
courthouse and complain. Mayor Stifling agreed there is not a
waiver any one has come up with that will prohibit litigation at
some point. Mayor Stirling said "owner" was deleted and reinset-
ted and some of the changes Shellman recommended have been done.
Taddune told Council after the last Council meeting, he put
together a draft resolution and circulated it to all counsel who
appeared at the meeting. Changes were suggested, the redraft
was again circulated. A final draft was made and there was
consensus among the Institute, Roberts and McGrath. Unfortun-
ately Shellman did not get a chance to look at the final draft,
and his clients requested some additional language.
Councilman Collins asked why the owner of the property is not
the applicant in this request. Taddune said the Institute is
the owner of the option. Staff was concerned whether or not the
owner of an option can be the applicant, and the problem was
resolved when the Roberrs group concurred in the application.
Councilman Collins pointed out the Institute is not a signatory
to the statement of Exception. Taddune said that is an oversight
and they will be added. Councilman Collins said the Municipal
Code states if there are any conditions placed on land that is
subdivided, it has to be handled by ordinance, and the statement
of exception says if there are to be any changes these should be
done by ordinance. Councilman Collins asked if these two
documents should be implemented by ordinance.
Taddune said he construes the Code to mean a police power
action, such as a zoning regulation which would restrict the
use of private property should be done by ordinance. Taddune
told Council for the past 15 years subdivision applications have
not been approved by ordinance. Taddune pointed out Section
20-19(c) says when Council grants an exception or exemption,
the basis for the approval should be articulated on the record
by motion duly adopted or by resolution of the Council.
Councilman Collins read from the Charter, "or placing any burden
upon, or limiting the use of private property shall be by
ordinance". Councilman Collins said it seems this is not a
straightforward subdivision with conditions limiting the use of
property. Taddune said the applicants have agreed to conditions
and have made representations to induce the Council to approve
this. This is an offer to be burdened, not complained about.
Councilman Collins said originally Council received a letter from
John Roberrs that he was not in favor of this application. Daily
told Council this was Roberts initial position, and he communi-
cated to the Institute it would be wiser and make better planning
sense to wait a year or so to allow some master planning to be
done. Roberts ultimately decided to support the application
with the conditions Council is considering. Schiffer quoted
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Continued Meeting Aspen City Council September 30, 1985
from the letter in question, "if, however, the Institute agrees
not to present any development plans and to treat the parcel as
a unified parcel under the SPA ordinance, we are fully in
support of it." And, "if this interpretation is accurate, the
Institute's application will not, in fact, have any impact on
potential development of the area since regardless of the
separation of the underlying ownerships, the entire Aspen
Meadows property will still have to be master planned at the
same time".
Taddune told Council these issue involve the prerogative of
Council, if they feel this should be approved by ordinance, it
can be. Councilman Collins said he is seeking some assurance
that this agreement is not leaving the door open for some kind
of legal action in the future. Councilman Collins said it is
not uncommon that the intent is questioned somewhere down the
line and there is legal action. Councilwoman Walls said this is
not an application for a simple redrawing of the lines that the
one step procedure was designed for. Councilwoman Walls sug-
gested referring this to P & Z because it seems to be more
controversial than was presented in the beginning. Hchiffer
said this is a simple drawing of lines, and the only purpose for
this application is so that the Institute can complete record
title. Schiffer said these documents have attempted to address
the concerns of the city, the owner of the other part of the
property, and the attorneys who have raised objection. Mayor
Stifling said Council held a full public hearing and made a
decision last week. This action is to codify the language from
that meeting.
Mayor Stifling moved to call the question; seconded by Councilman
Isaac. All in favor, motion carried.
All in favor, with the exception of Councilmembers Walls and
Collins. Motion carried.
Mayor Stirling announced the death of Herbert Bayer, one of the
founding fathers of the renaissance of Aspen.
Mayor Stirling suggested putting off Council Rules & Regulations,
Open Meeting Law and Parking Permit ordinance off to another
meeting.
MALL FOUNTAIN
Jay Hammond, city engineer, requested Council consider funding
reconstruction of the mall fountain at Mill and Hyman as a
capital project in 1986. The problems relate to replacement
of the existing computers that control the fountain, replacement
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Continued Meeting Aspen City Council September 30, 1985
of the existing controllers which create the interconnection
between the computers and the pumps that run the fountain, and
the relocation of the computer equipment into the Wheeler to
protect the equipment from the weather. Hammond said the reason
to replace the computer is that the current equipment is older,
has been customized for this fountain and hinders the ability
to maintain the fountain. Hammond said it could be maintained
with less expertise if there was a different computer. Hammond
told Council this could be rebuilt in the current shed; however,
that would contribute to on-going maintenance problems. Council-
man Isaac suggested looking at this along with the other capital
projects. Mayor Stirling pointed out the Council is in the
middle of the budget process for 1986. Gary Plumley, CCLC, said
there are various methods of financing this project. Plumley
said they would like Council to be aware of the problems with
the fountain and that it will take creativity to rebuild the
fountain. Plumley told Council Nick deWolfe is willing to
donate his time for this rebuilding.
Councilman Isaac moved to consider the rebuilding of the Hyman
Avenue mall fountain at the same time as the other capital
projects; seconded by Councilman Collins. Council will look at
these projects October 21. All in favor, motion carried.
Council Collins said he would like more background information
on this item. A great deal of money has been put into the
fountain and $48,000 is a large request. Plumley said the CCLC
is not recommending relocating the equipment in the Wheeler,
which would lower the request to $35,000.
GOLF PRO SHOP PROPOSED NORDIC LEASE
Jim Holland, parks director, reminded Council they asked him to
look into using the pro shop for winter Nordic skiing support.
Holland said he did a request for proposal over the summer and
received a proposal from Ute Mountaineer, who is proposing to use
the pro shop for 5 months during the winter as a Nordic center.
Holland told Council it is an extensive, well-prepared proposal.
Staff recommends approving this proposal. Mayor Stifling said
this is for a one year season and staff will evaluate this after
the winter season.
Boots Ferguson, representing Ute Mountaineer, said the Ute
would like an option to be in first position to renegotiate next
year because of the expenditures required in a start up year.
Ferguson said this is a first time experience for both parties.
Kit Summers said the Council has supported the Nordic counsel in
the past, and hopefully this will enhance that program.
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Continued Meeting Aspen City Council September 30, 1985
Councilwoman Walls moved for conceptual approval of Ute Mountai-
neer Ltd's proposal to lease the golf pro shop for the 1985-86
winter season for the purpose of operating a Nordic skiing
center, and authorize staff to enter into such agreement pending
successful, detailed contract negotiation; seconded by Councilman
Collins.
Councilwoman Walls said this program looks much more detailed
than originally anticipated. Councilman Isaac said he would like
to add to the motion that an option be added in the contract for
the following year. Summers explained they would like this
option because there is a large capital expenditure in rental
equipment and advertising to make it work this season.
Councilwoman Walls accepted the amendment to give an option to
Ute Mountaineer to have the right to negotiate the first position
for the following year; Councilman Collins seconded. All in
favor, motion carried.
EXPANSION OF PROGRAMMING/COMMUNITY ACCESS CHANNEL
Assistant City Manager Mitchell told Council this is Canyon
Cable's proposal to expand programming. The cable televi-
sion permit requires Canyon Cable to present the programming
to Council and to solicit comments. The additional programming
will be provided when Canyon Cable finishes the upgrading. Kelly
Bloomer, Canyon Cable, said the permit requires they provide a
minimum of 26 channels, and they are proposing a minimum of 28
channels. Bloomer pointed out that pursuant to the cable
communications act, city governments are not in a position to
mandate particular channels. Bloomer said he feels Canyon Cable
is proposing an excellent mix of programs to suit many needs.
Bloomer said the cable permit requires them to provide a minimum
of two community access channels. Bloomer said they do not feel
it is thrifty to have two channels of community access of
programming this is produced locally and one channel is more
than adequate. Since January 1, 1985, Grassroots network has
been accompanied by Arts and Entertainment. Arts and Entertain-
ment is going to 20 hours and they would like to provide a
second channel for them. Bloomer recommended they not be
obligated to carry another channel for community access because
one channel can accommodate the needs of local interest.
Bloomer told Council they have an agreement with Grassroots that
they take the Arts and Entertainment channel and sell the ad
avails.
Linda Cotton, Grassroots, said they would like to continue
running Arts and Entertainment on the community access channel.
Ms. Cotton said the second community access channel should be
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Continued Meeting Aspen City Council September 30, 1985
dedicated to Grassroots. Ms. Cotton said they plan to move Arts
and Entertainment to channel 34 and have it designated as a
second community access channel. Mayor Stirling asked how many
hours per week Grassroots is programming. Ms. Cotton said about
35 hours per week. Mitchell told Council the ordinance requires
10 percent of all channels be used community access, and Canyon
Cable is providing 27 channels. Mitchell recommended one
additional community access channel. Bloomer said Canyon Cable
does not intend to preclude anyone who wants to produce local
programming to put it on the cable but would like to encourage
thriftiness as much as possible. Councilman Isaac brought up
the work that Canyon Cable has done to the streets and alleys
and that it has left ruts. City Manager Schilling told Council
Canyon Cable is not done with the work.
Councilman Collins moved to approve the assignment of one commun-
ity access channel to the Arts and Entertainment network;
seconded by Councilwoman Walls. All in favor, motion carried.
ORDINANCE-NO. 58, SERIES OF 1985 - Rezoning Moore Property
Steve Burstein, planning office, told Council this is an applic-
ation for rezoning four lots on the southwest corner of Monarch
and Main street, the Moore property, from O, office, to C-1.
This property has about 10 businesses, most of which are
non-conforming in the office zone. The main block of the
building is non-conforming in setbacks. The purpose of this
rezoning request is to bring the non-conformities to a stop.
Burstein said this property could be redeveloped at a larger
area and bulk if zoned C-1.
The planning office recommends rezoning to C-1 but feels there
are significant problems with the area and bulk requirements of
that zone. P & Z felt strongly it was not appropriate to have
the area and bulk requirements of the C-1 zone on this property.
James Moore amended his application to restrict the development
rights of the property to the area and bulk requirements of the
office zone. P & Z approved the rezoning based on that
condition.
Councilman Collins moved to read Ordinance #58, Series of 1985;
seconded by Councilman Isaac. All in favor, motion carried.
ORDINANCE NO. 58
(Series of 1985)
AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO
REZONING LOTS F, G, H AND I, BLOCK 74, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO, MORE
COMMONLY KNOWN AS THE MOORE PROPERTY FROM THE O,
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Continued Meeting Aspen City Council September 30. 1985
OFFICE TO THE C-l, COMMERCIAL ZONE DISTRICT DESIGNATION
was read by the city clerk
Councilman Collins moved to adopt Ordinance #58, Series of 1985,
on first reading; seconded by Councilman Isaac. Roll call vote;
Councilmembers Fallin, yes; Walls, yes; Isaac, yes; Collins,
yes; Mayor Stirling, yes. Motion carried.
SUBDIVISION EXCEPTION - Beyers
Steve Burstein, planning Office, told Council this request is to
condominiumize a duplex located at 1335 Riverside drive.
Burstein said the concerns are the submission of a plat to
satisfy the engineering department; whether the smaller unit has
been used as employee housing and should be deed restricted.
The housing authority said under the circumstances where no rent
has been paid as an act of friendship and in exchange of work,
it does not meet the definition of a low income unit. The P & Z
and planning office concurred with this. Another concern is the
driveway and whether it will encroach an a neighboring property.
The fourth concern is that the applicant agree to the six month
minimum lease, to which the applicant has consented.
Councilman Isaac moved to approve the subdivision exception of
the Beyers duplex for purposes of condominiumization subject to
the four conditions stated in the planning office memorandum
dated September 30, 1985; seconded by Councilman Collins. All
in favor, motion carried.
FIGURE SKATING SCHOOL REOUEST
George Pucak, manager Aspen Ice Garden, told Council staff is
recommending the summer figure skating school be renewed for
operation for the summer of 1986. Last year, Council approved
the su~uner skating school as a secondary budget request with the
condition a new program for the operation of the school be
provided. Pucak told Council they had a very successful skating
school with 60 skaters and 3 visiting pros. Pucak said the
question raised by the summer figure skating school is whether
to keep the rink open for June and July. Pucak said if the city
can make the camp feasible, the rink should be open. Pucak said
if the ice rink and the camp can operate together to reach zero
operating costs, it would make sense to do this.
Pucak told Council the figure skating club reported $15,177 in
revenue and $10,000 in expenses and turned over the difference
to the city, leaving the operation of the ice garden for of June
and July with a $3,447 deficit. Pucak said the skating director
feels an additional 5 to 8 skaters will bring this to a zero
operation cost for the city. Pucak recommended the Council
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Continued Meeting Aspen City Council September 30, 1985
direct staff to enter into an agreement with the figure skating
club for the operation of the 1986 summer skating school. Mayor
Stifling asked why Council should act on this in advance of all
the other non-profit requests. Jim Holland, parks director, said
this is not as much a non-profit request as it is part of the ice
garden's budget. The figure skating school needs lead time to
get their marketing program going. Holland pointed out this is
part of the 1986 budget.
Councilman Collins moved that the city manager be authorized to
negotiate and execute agreements with the Aspen Figure Skating
Club for the operation of the 1986 summer skating school;
seconded by Councilwoman Walls.
Mayor Stirling said this was a difficult decision for Council
last year, and the figure skating school did a great job. Marty
Flug said the figure skating club is not a profit making group.
Flug said it was presented at a 5 year project to prove itself,
and it might prove at some point to be feasible for the city to
take the program over.
All in favor, motion carried.
REOUEST FOR ENCROACHMENT - Woodstone Inn
Councilman Collins stated he is abstaining. Elyse Elliott,
engineering department, said the Woodstone is proposing an
awning which would encroach 38 square feet over the Spring
street sidewalk. Ms. Elliott recommended approval as this will
not interfere with use of the sidewalk and would be a benefit for
guests entering the lodge. (Councilwoman Fallin left Chambers).
Jim Colombo told Council this will provide a covered entrance
for arriving guests. There are precedents for awnings throughout
the town.
Councilwoman Walls moved to approve the encroachment license for
the awning over the Spring street sidewalk for the Woodstone
Inn; seconded by Councilman Isaac.
Councilman Isaac asked about the handicap accessibility at the
entrance. Colombo said they plan on providing two handicap
access, the existing main entrance and the new entrance.
All in favor, motion carried.
REOUEST FOR ENCROACHMENT - Roush/Wayburn
Elyse Elliott, engineering department, told Council this is an
encroachment request for a residence at 740 Castle Creek drive
for a series of retaining walls from the street to the house.
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Continued Meeting Aspen City Council September 30, 1985
These retaining walls protect the irrigation culvert. Ms.
Elliott told Council the applicant was given approval by the
building department prior to construction, and the building
department did not notice the encroachment. Ms. Elliott told
Council usually the city does not allow an applicant to build ona
public right-of-way for this purpose, but this was already
constructed and does not interfere with street maintenance. Ms.
Elliott said these walls are 3 feet high and encroach 9 feet on
each side.
Councilman Isaac moved to approve the encroachment license for
the Roush/Wayburn residence on Castle Creek drive; seconded by
Councilman Collins. All in favor, with the exception of Council-
woman Walls. Motion carried.
M.A.A. BANK POSITION
City Attorney Taddune said the M.A.A. has requested that the
city's $78,000 promissory note for the water line extension be
subordinated to two financial transactions outlined in the
resolution, approximately $600,000 worth of financing. Taddune
said before the Music Associates' refinancing, the city's note
was in third position. The city's not moved into first position
when the M.A.A. paid off the other two notes. Taddune said this
promissory note was discussed thoroughly by Council. Mayor
Stifling said this is an annual recurring event, and it seems
appropriate to approve this request.
Councilman Isaac moved to approve Resolution #23, Series of
1985; seconded by Councilwoman Walls. Councilman Collins said
he would like more information about the note between the M.A.A.
and the city, which part is tap fees, etc. All in favor, motion
carried.
Councilman Isaac moved to approve liquor license renewals for
O'Leary's and Nick's Fresh Seafood; seconded by Councilwoman
Walls. All in favor, motion carried.
BOARDS AND COMMISSION REPORT
City Clerk Koch reported there is a vacancy for alternate on the
Clean Air Advisory Board, and there is one application. The
Commercial Core and Lodging Commission has two vacancies and 4
applications. On the Historic Preservation Commission, Nick
Pasquearella's term expired, he has applied for reappointment.
Connie McCrudden resigned, there is a vacancy. On P & Z,
Welton Anderson and David White's terms expired; they applied
for reappointment, and there are no other applications. All
these vacancies have been noticed at least 4 times. Ms. Koch
reported that John Stanford has just resigned from the Wheeler
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Continued Meeting Aspen City Council September 30, 1985
Board, this will be advertised. Mayor Stirling requested
this be added to the next Council agenda.
City Attorney Taddune told Council the bankruptcy court held
that the real estate transfer tax in the Cantrup bankruptcy/Aspen
Mountain Joint Venture transaction is exempted under the federal
bankruptcy law. The court relied on a case decided in the
second circuit. Taddune said the decision was not surprising
given the way the law is developing on the east coast.
Councilman Isaac m~ved to adjourn at 8:00 p.m.; seconded by
Councilwoman Walls. All in favor, motion carried.
Kathryn S~K~och, City Clerk
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