HomeMy WebLinkAboutminutes.council.19940927Special Meeting Aspen City Council September 27, 1994
Mayor Bennett called the special meeting to order at 4:15 p.m. with
Councilmembers Paulson, Waggaman and Richards present.
ORDINANCE #57, 1994 - Purchase Cozy Point Ranch
Mayor Bennett asked for public comments.
Craig Ward, chairman Pitkin County Open Space Board, told Council
when the county accepted a subdivision in this area, they required
a large amount of restricted open space. Ward said the city should
have an appraisal on this property and if this land is already deed
restricted, it should show on the appraisal as minimal value. Ward
said with the land for the highway, view corridors and the zoning,
this land should not be worth a lot of money and $3.2 million is
way over the market.
Marcia Goshorn supported this purchase; the city has an opportunity
to be proactive rather than reacting to a bad development. Michael
Cooper, Brush Creek resident, said he feels this is being rushed
through with a minimum of public comments. Mayor Bennett pointed
out anything that is done with the property after purchase will go
through months and months of land use approval process.
Tim McFlynn told Council the participation agreement has been
revised according to Council's and city attorney's requests. The
reference to the forest service interest in this has been deleted.
McFlynn did not agree the county bought 89 acres of Cozy Point
ranch but exacted the north end of the ranch as open space. It is
not deed restricted. McFlynn said meetings with the county on
participation in this property will start next week.
Mayor Bennett asked if the 89 acres is in fact restricted to open
space, does this deal still make sense. Connie Harvey said this
property works in total with the equestrian facility, the open
space. Ms. Harvey pointed out some of this land will be taken by
the highway and will be compensated. McFlynn said the only thing
that will make a pedestrian village work is being on 205 acres.
John Worcester, city attorney, went over the changes in the
participation agreement. One issue is the resale of the property.
Worcester read "RFP shall have the preemptive right and option to
repurchase all of the property at the city's purchase price if a
participation agreement is not consummated in accordance with
Section 1.4 and the city determines within the 90 period referred
to in Section 1.4 that the public uses for the property are not
feasible". The issue is who sells the property to a third party.
Worcester brought up the $15,000 for reimbursements expenses.
Mayor Bennett said the expenses ought to be equal between the city
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Special Meeting Aspen City Council September 27, 1994
and RFP. McFlynn suggested on closing the city reimburse RFP's out
of pocket expenses up to $25,000. McFlynn said RFP has delivered
to the city all the background work on this property purchase. If
the deal between RFP and the city does not go through, RFP does not
get reimbursed for this work.
Mayor Bennett said council agreed this contract is worth $50,000 to
the city. This is only paid if the city does not go forward with
the purchase, if the city turns around and sells the property.
Worcester said the option to renew the management agreement is at
the discretion of the city. In Section 1.9, RFP will assist in the
selection of planning and design but not dictate the choice.
Worcester asked if the intent is to share in the rent of the
commercial activities. McFlynn said the intent is the pro rata
investment of the private capital and the city capital, these
interests would share pro rata in the underlying ground for any
commercial activities.
Worcester noted Section 4.5 states the city shall maintain hazard
insurance on the property and all improvements and equipment owned
by the city. Worcester said he would like added "during the period
of time that it owns 100 percent of the property" and thereafter
the cost is shared. McFlynn agreed. McFlynn said the suggestion
at the previous Council meeting was to limit the management to one
year so that if the parcel had to remarketed, it would not be
subject to a lease. McFlynn said this is an empty unoperated
facility with large upfront costs. McFlynn said there should be a
two year management agreement unless the city is marketing the
property. Mayor Bennett agreed it should also be as long as the
partners are doing a good job. Council agreed this was fair.
Worcester said as part of the special warranty deed it states a
GMQS application cannot be filed with Pitkin County until January
1998. Worcester said the city may not be ready to file anything
before January 1998. McFlynn said this was put in so that Cozy
Point ranch will not be competing against the Cougar Canyon for the
same GMQS allotments. Councilwoman Richards asked if RFP and the
city not reach a working agreement in 90 days and agree to extend
that time period, this can be done. Worcester said yes.
Councilwoman Waggaman said she is not comfortable with this
purchase; however, an emergency ordinance takes 4 affirmative
votes. Councilwoman Waggaman said she hopes this will be a
positive step. Mayor Bennett said he would like to tie this to
participation with Pitkin County, Town of Snowmass Village and
other government entities. Mayor Bennett said there is a way to
get out of this; the property can be resold. Councilwoman Richards
said the city will have some time to work on a master plan with
neighbors and interested groups. Councilman Paulson said he has
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Special Meeting Aspen City Council September 27, 1994
always favored purchase of this property by the public sector.
Councilwoman Richards moved to adopt Ordinance #57, Series of 1994,
on second reading with the amendments made to the participation
agreement; seconded by Councilman Paulson. Roll call vote;
Councilmembers Paulson, yes; Richards, yes; Mayor Bennett, yes;
Waggaman, yes. Motion carried.
Councilwoman Richards moved to adjourn at 5:00 p.m.; seconded by
Councilwoman Waggaman. All in favor, motion carried.
Kathryn S. Koch, City Clerk
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