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HomeMy WebLinkAboutminutes.council.19830808 Aspen City Council August 8, 1983 Mayor Stirling called the meeting to order at 5:05 p.m. with Councilmembers Collins, Walls, Blomquist and Knecht present. CITIZEN PARTICIPATION 1. Bill Little told Council that Monday, August 15, will be the 30th anniversary of Uncler Forrestt's childrens program. Little said that Forrestt has given a lot of happi- ness and has never been recognized or thanked from the community. Little suggested that Council declare Monday, Augus5 15, Uncle Forrestt day. Little also suggested that some one from the city be at the concer~. Little pointed out that Uncle Forrestt still only charges $.25, and that goes to the Aspen Music School. Mayor Stirling said this is an excellent idea. Councilman Blomquist moved to declar Monday, August 15, Uncle Porrestt day and to recognize him and to thank him; seconded by Councilman Collins. All in favor, motion carried. 2. David Zaagman congratulated the Mayor on taking hold of the reins of city government. Zaagman said he would like to see the Mayor use every tool possible to do the job. 3. Gary Plumley, chairman of CCLC, requested a meeting with Council to review their budget and their projects. Councilman Blomquist said part of this should be a walking ~our. Council scheduled this for Tuesday, August 16, at 12:30. Mayor Stirling requested Plumley prepare an agenda. COUNCILMEMBER COMMENTS 1. Councilwoman Walls said she has been thinking about the city's employee housing policies, and that it may be time for Council to look again at the policies, to see where the city is going, to see if the policies are doing what Council wants them to do. Councilwoman Walls said the effect of the housing programs have been to give certain developers land and the guarantee of a profit if they price their apartments in a certain range, in exchange for the control of who buys or rents. Councilwoman Walls said these policies require the developer to add extra units outside the GMP, to rent or sell at a set price with control of who buys or rents. Councilwoman Walls said this policy is not working. Councilwoman Walls said the justification for this program was that low cost housing had ceased to exist in Aspen, and employees were sharing quarters or moving down valley. Councilwoman Walls said after going over all the material from the housing office, she could not find an indication that one unit of truly, low cost housing has been built. Councilwoman Walls said everything ren~s or sells in the moderate or middle income level, even Centennial which only has 37 low cost units out of 267 units being built. Council- woman Walls said Council should consider their housing policy to see where changes need to be made. Mayor Stirling asked whether Council wanted to meet with the housing authority or discuss this among Council. Council decided to discuss this at their work session scheduled for Tuesday, August 9. 2. Mayor Stirling reminded people there will be an M.A.A. day Saturday, August 20. There will be a free concert at the tent given to the town of Aspen. 3. Mayor Stirling said there is a group of Bavarians coming to Colorado as a sister state. This group will be coming to Aspen in early September for one day. This is being handled by Monroe Summers, and is a great opportunity for goodwill between the two countries. 4. Mayor Stirling announced his office is now in the first floor of city hall inside the door of the police department. 5. Councilman Collins said he would like to add to the agenda a letter from the committee to preserve open space about the land swap at Shadow mountain with the forest service. Councilman Collins said he would like to start something moving to see what Council's response mlqht be. Mayor Stirling suggested discussing both this and the sixth penny ordinance a5 the work session Tuesday, August 9th. 6. Councilman Knecht said he would like the city manager to pass on to both the parks and streets department compliments for the excellent cooperation in maintaining the streets, keeping the garbage and the alleys clean, and the malls look great. Councilman Knecht said he would like to send Council's appreciation to both departments. SMUGGLER AREA IMPROVEMENTS Mayor Stirling said this item is to make a decision about the method of funding the city will use to do the drainage in the Smuggler area in the fayl of 1983. Dan McArthur, city engineer introduced A. J. Zabia, projec5 engineer from Rea Cassens and Bob Wells, project engineer for the city. Mayor Stirling noted that the city will become a co-signer with the Smuggler Mobile Home so that they can generate the $268,000 for their improvements. Mayor Stirling asked if this would adversely affect the city's bonding position in the future. Finance Director, Sheree Sonfield, told Council this would not affect the city's position. Ms. Sonfield told Council there would be a bond ordinance presented at the next Council's meeting. Councilman Blomquist asked if it would be possible to combine the city's drainage costs with the improvement district and pay for it at once. Ms. Sonfield told Council she would look into this. Councilman Btomquist said the city could put the pipe to the park, do the drainage pond in the park and the spill into the river as a part of the improvement district. The Council would agree tq repay its portion of the improvement bonds over the next years. Councilman Blomquist said part of the cost of the improvement district is often for the benefit of a larger area. Regular Meeting Aspen City ~ouncl± nu~u=u u, .... Councilman Blomquist asked if, with the present bond market, it would make sense to bond. City Manager Chapman said that inflation is tracking along in construction with what the bond rate is. Mayor Stirling pointed out one of the options presented by the staff is to reduce the remaining city budget by 4 per cent; this would require personnel cuts. Council- man Blomquist said this should not be considered as the Council has not gone through a budget session to evaluate the needs of each department. A blanket cut would not be prudent at this time. Mayor Stirling said another option is to take money out of the general fund and build a larger deficit in the general fund. Councilman Blomquist said the city has a good track record and ought to keep it. Mayor Stirling said he felt Councilman Blomquist's sugges- tion about bonding with the improvement district is a good one. Councilman Blomquist said he would like to see something in writing from finance so that Council can evaluate that suggestion against the other alternatives. Mayor Stirling said another alternative is to withdraw monies allotted to the CCLC, monies they have earmarked to spend but have not spent yet. Councilman Knecht said he did not consider this an option because when the occupation tax was raised, it was promised to the business community that half the ~ax would to go the CCLC. Councilman Knecht said the city should maintain what they have promised the business community. Gary Plumley, chairman of the CCLC, told Council the CCLC has a budget and project planned for that budget. The CCLC had to wait for Council to decide about the Rubey park project before they did anything. The CCLC has an interim plan to improve Rubey Park; it definitely needs to be upgraded. The CCLC has an on-going project in the lodging district. The CCLC has a sidewalk improvement project for the Wheeler Opera House. Plumley said he felt the projects and budget are worthly. Bil Dunaway asked if the city guarantees the bond issue, if the district fails to pay thei~ debt, would this become a debt of the city. Sheree Sonfield told Council she had asked the city's bond counsel about this. The Charter provides these bonds are not a direct obligation of the city. Ms. Sonfield said in the event there is a problem, and the city is a co-signer, the Council can go to the assessed valuation of the city for 4 mills ~o pay off the obligation. Ms. Sonfield pointed out these bonds because they are not a legal obligation are not included in the legal debt limit. Mayor Stirling said the improvements at Smuggler run are to be done by the developer; this should be very clear in the ordinance. Councilman Blomquist moved the Council direct the engineering department to proceed with the design and bidding; that Council directs that the construction not start until after Mill street re-opens; that Council postpone any decision on asphalt patching or chip sealing the streets until after the information is available; and that Council authority the city to become a party to the Smuggler Mobile Home improvement district, yet to be formed, to the extent of up to $90,000, if necessary, to cover the costs of the drainage improvements as a part of the improvement district itself with the city to pay its pro rata share as if the city were a member of the district and to guarantee as provided by law; seconded by Councilman Collins. All in favor, motion carried. TRANSIT AUTHORITY Mayor Stirling said this is a rough draft of an intergovernmental agreement to give the Council a chance to discuss this agreement. Mayor Stirling said he felt that the citizens of the city and county want the elected officials to play a role in the first phases of this consolidation. Mayor Stirling said the citizens do not want the elected officials to give over full authority to this Board yet. Mayor Stirling said he felt the Board would welcome approval from the two elected Boards. Mayor Stirling said there should be approval by the Council and Commissioners on appointing a general manager, making and entering into contract with a dollar ceiling, the budget and f'ive year financial plans, routes and setting of fees. Mayor stifling said these approvals by the elected officials should be for 18 to 24 months. If the elected officials give over authority, there will be no control over the Board. Councilman Blomquist said what the community wants and needs is joint venture that achieve economies of scale. Councilman Blomquist suggested some amendments; the city shall be a fare-free zone until such time as the Council would approve fares. Council will hold a public hearing before making any determination about fares. Transit routes, stops and stations within the city shall be approved by Council, and shall hold a public hearing on these. Councilman Blomquist suggested that the transit system should connect with schedule Amtrak and Trailways buses. Councilman Collins said he felt how autonomous this Board will be is very important. Originally it was felt that this Board would be very autonomous, to be able to set its own rules, by-laws, fares, etc. Councilman Collins said he would like to hear from members of the interim Board that are present about their feelings on this. Eve Homeyer, interim Board member, pointed out it takes a long time to get approval from one entity, not to mention two different entities. Ms. Homeyer said the Council does have a watch- dog on this Board, in the member of Council they select to be on the Board. Ms. Homeyer said it is important that this operation be in place by this winter season. Francis Whitaker urged Council to accept the recommendation of the interim transit authority and set the Board up with one Councilmember one Commissioner and three at-large members. Whitaker said Council has to delegate the authority. Whitaker said if there is a good agreement with good appointees, they will have to delegate; otherwise, everyone is fight- ing over who will run the system. Peter Forsch, Skiing Company, said what the Council is asking, the Board will not have any power. With this type of handtying, the agency will have lost all its effectiveness. Forsch said he would question the ability to function as an authority without those types of powers outlined. ~egu~ar ~ee~lng Aspen ~l~y uouncl± Augus~ ~, £~3 Councilman Blomquist said he felt the city should reserve certain rights over things that may be misunderstood. Route and fares are items that residents are concerned about, and they ought to be able to go to elected officials and explain their side. City Manager Chapman said that because of the financing technique that was chosen, the county-wide sales tax, both the Council and the Commissioners were aware they would have to make a leap of faith into this joint venture. This new joint venture is going to have to act very quickly, to issue debt, get the bus barn going and the new buses. Both the city and county were committed to this for the live of the bonds. Chapman said that both Boards have the power to appoint members, which would imply the power to remove. Chapman suggested writing in the intergovernmental agreement expressly the power to remove and to insure the persons appointed stay in close touch with the Council. Mayor Stirling asked who in the two entities the transit authority would answer to. Chapman said it was designed that the liason would be informal. There is no report to the city or county manager. This agency would have their own personnel rules and regulations, set their salaries, etc. It was designed that this agency would be pretty much autonomous and independent from a management and operations point of view. Councilman Collins said there have been discussions that this board would become completely independent, to the point of being elected by the voters. Councilman Collins said perhaps this should start our fairly close to the government and then move gradually to giving more and more authority. Councilman Collins suggsted the agreement accomplish something transitional so that the functions of the board can be scaled so that after a certain length of time they take over more authority. Nancy Van Domelin, who has served on the committee from the very beginning, agreed with Councilman Collins and said the questions being raised are questions that have come from the committee for two years. Ms. Van Domelin said in the future, this will arrive at a separate autonomous elected board in order to have the consolidation work. The first step has to be taken, which is to delegate some things and to have a certain amoun~ of controls. The Council and Commissioners do have checks and balances. One of these is the power to appoint the members. Another check is review, the city and county can have reports from the board every month. The third check is removal of appointments. Ms. Van Domelin said if the Council and Commissioners want a role in routes, fares, and the selection of the director, this would interfere with the efficient managing of the transit agency. Peter Forsch said he felt this group would be very responsive to the needs of the community. Forsch said the input of the community is at the forefront of this group. Bil Dunaway said he felt the agreement should specify that some day the Board will be elected, and that there is removal powers by the Council and Commissioners. Assistant City Manager Ron Mitchell said this is the first draft to stimulate conversation and get ideas. Mitchell said it is a good idea to add that the board will hold public hearings on things like fares and routes. It is also a good idea ~o add to the agreement to require formal reports to the Council and Commissioners. Mitchell pointed out during the election for the county-wide sales tax, representations were made about the autonomous nature of the board. Ms. Homeyer pointed out in ~wo years it will be as hard to give up control and powers as it is now. Councilman Blomquist suggested a second draft with the ideas from this dis- cussion. Councilwoman Walls said she felt it incumbent upon the Council and Commissioners to provide the employees with a safe, dependable transportation system. Councilwoman Walls said she did not want to make the decisions about every detail of tbs transportation authority. The Council has responsibilities in many areas. Council can depend on the people appointed to this authority to take care of the details. Mayor Stirling said there should be some evaluation of the performance of the board in this agreement. Mayor Stirling said the spring election he viewed as an election for consolidation and for the buses, but did not see people voting for an autonous board separate from elected officials. Councilman Blomqulst moved that the Council appoint Councilman Collins as Councilmember to the authority and Michael Gassman as a citizen member and that Council require that the third member be approved by Council and Commissioners; seconded by Councilman Collins. Councilman Collins said the recommendation from the interim board was that the fifth member of the board be elected by the other four members of the transit authority. Councilman Collins said in terms of five people working together, it might be appropriate that the other four have the opportunity to select the fifth member. This appointment could be submitted for approval by the elected officials. Commissioner Klanderud said it is imperative that this group get going because of the ski season and the contract with the Skiing Company and the answers to the transportation department employees as to what is going on. Councilman Blomquist said he would like the fifth member to know he or she is endorsed by the elected officials. Councilmembers Blomquist, Collins and Mayor Stirling in favor; Councilmembers Knecht and Walls opposed. Motion carried. Commissioner Klanderud said the county's choice for the joint appointment is Eve Homeyer. Mayor Stirling said the council will discuss this and send their decision with Councilman Collins tomorrow. CANTRUP ESTATE Spencer Shiffer handed out a copy of the operating agreement handed down by the bankruptcy court. Shiffer told Council he was appointed by the bankruptcy court as the chief execu- tive officer for Hans B. Cantrup, who is in a Chapter 11 bankruptcy reorganization. Shiffer said he has been given the authority and responsibility for managing the estate. Shiffer told Council he is accountable to the Court as well as ~o the creditors. The estate consists of 33 properties within the city, and presented maps showing the properties in the city, their geographical relationship and their magnitude. The properties are 435 guest rooms and 85 multi-family units. There is approximately $50,000,000 in debt and approximately $58,000,000 in assets. Shiffer said there are about 500 creditors, of whom ~egu±ar meenlng Aspen uzny uouncz± ~ugusn ~, &~n 139 are local residents or businesses, representing $7,500,000 in debt. This estate is in Chapter 11 reorganization, which is based on the sale and/or development of all of the properties. Shiffer pointed out on a map the lodge/hotel properties and the proposed condominium sites. Shiffer said there are three possibilities about what might happen to the bankruptcy proceedings. One is a successful Chapter 11 reorganization. Another possibility is the proceeding could be converted to a Chapter 7 liquidation; third, would be a dismiSsal of the case, and the foreclosures would proceed. Shiffer said in looking at the maps, one can see no matter what happens there will be significant impacts on the city. Shiffer said that in Chapter 7 liquidation or the possibilities of foreclosure, the properties will be fragmented. There are many mortgagees on these properties. Shiffer said there would be negative impacts on the real estate values if all these properties were placed on the auction block at once. Shiffer said he wants to set up a mechanism so that all the facts can be presented to Council clearly and objectively. Council needs to analyse the facts and decide how to act. Shiffer said Council should have the oppor- tunity to act or not based on the facts. Shiffer said he felt the best approach was to assemble a concerned citizens group and wanted the Mayor to be on this committee. Shiffer said the city attorney felt this should be considered by Council. Shiffer said he is not asking the city Council to form a committee; he does not want to create another layer of bureaucracy. Shiffer said there is no process for this; Shiffer is not the developer, nor does he have any development plans. Shiffer said he felt it would be a disaster for the city to sit by and not parti- cipate in this process. It is time to take a positive approach and open up lines of communication. Shiffer said he is offering the opportunity to examine the facts and to make the appropriate decisions. Mayor Stirling said he did not feel the city should be in the position where they have to accept only the best economic deal cut on all the Cantrup properties. Mayor Stirling saidi he would like to see the city view this situation as an opportunity rather than a problem. Mayor Stirling said he would like to know what the developer of the property will be, does the developer have the concept, the ability, the money to put to project together on the hotel site and the Meadows site. Mayor Stirling said he would like to know who is going to operate the properties. Mayor Stirling would like to know if this is in the best interests of the town of Aspen. Mayor Stirling said if there is a committee, it must not be another layer of bureacracy. Mayor Stirling said this committee could act as a sounding board and could filter out some impossible proposals. There are liabilities because of law suits, there is danger of someone saying something that could come back to haunt the city. Mayor Stirling said this is an unprecedented situation and something needs to be done. Mayor Stirling said the city should not sit back and wait. Councilman Blomquist said he does not think there should be a committee. There should be a flow Of information in the immediate future froml Shiffer about the facts, the problems. This information should go to the full P&Z and Council. Councilman Blomquist said he felt the Council and P & Z should have the right to express opinions and suggestions without those being binding, councilman Blomquist said there should be some ground rules for these meetings. Councilman Blomquist said Council should not delegate in this case because of the amount of impact on the total resort. Councilman Blomquist said this should be a number one priority. David Zaagman said a committee should be appointed to bring up the positive things that can be accomplished. This would make the path easier for Council. Councilwoman Walls asked if the appointment of a committee would have an effect on the bankruptcy time table. Shiffer said the appointment of an official committee would delay the proceedings in the bankruptcy court, and he is not asking for that. Shiffer wants to get information to the Council for them to make decisions, examining things in a conceptual way. Councilman Knecht said considering the present state of the bankruptcy, he cannot see any positive measure coming out of the bankruptcy. This committee would have no power, the final decision is up to dozens of bankers. Councilman Knecht said he did not think it is the city's responsibility to get involved in this in any measure. David White said the P & Z is in place and they should be used rather than creating a new committee. Mayor Stirling said a question is maintaining these properties as a whole entity desireable or is diversification more desirable. Wainwright Dawson said he did not think this is any of the city's business. Dawson said tampering with this is a real mistake. Shiffer said right now the bankers no longer have any control; Shiffer has the control. Shiffer said he would like to have the opportunity to explain to Council and to get the information to them. Shiffer said he is not asking for any approvals, is not asking for anything other then for Council to direct him how they would like to be communicated to. Assitant City Attorney Gary Esary asked if Shiffer would hold Council harmless on behalf of the estate. Shiffer said all he is trying to do is give the Council information. Shiffer said he would agree that with respect to discussions, something could be arranged so that the city would be protected. Shiffer said he would have to confer with the bankruptch counsel that represents him. Gary Esary said the attorney's office is concerned with past and the possibility of future litigation. Esary said the likelihood of Council sitting, taking in information and not engaging in discussions is extremely unlikely. City Manager Chapman said he had recommended pursuing this request. Chapman said what Shiffer is asking is not all that exotic. Many cities use a broad spectrum of citizens to participate to get good development without the Council getting involved when it is premature. Chapman said he feel the city has to have the assurances from Shiffer about the releases. Councilman Blomquist moved that subject to Shiffer giving the city the releases described, that Council and P & Z agree upon a two hour meeting time within the next week at which time the referee shall be invited to present the facts and information to the two bodies; seconded by Councilman Collins. ~egu±ar ~eetlng Aspen ~lLy ~ouncli ~ugus~ ~, l~D Councilman Collins said it was mentioned that the city should participate; information exchange is good, but what the Shiffer looking for. shiffer said he wants Council to examine the facts presented and to analyze them to see how they impact the city, to see whether there is an opportunity to do anything, shiffer said he feels when the Council sees the facts, that they will wan~ to participate at some level Councilmembers Blomquist, Collins, and M~yor Stirling in favor; Councilmembers Knecht and Walls opposed. Motion carried. REQUEST FOR FUNDS - Mayor's Commission Alan Schwartz, chairman of the Mayor's Commission, send Council a letter August 5 with a budget request for $6,378 representing the amount the task force would like to spend in the next few months in canvassing Aspen to find out what the citizens what to happen in Aspen's future. Schwartz said the Mayor's Commission wants to find out what kind of goals the people what for Aspen's future. Schwartz told Council in 1970-71, there was a similar commission established. A study concluded this effort was worthwhile this effort was worthwhile, and that the goals articulated by this committee were achieved. Schwartz said the Mayor's Commission would like to do the same thing. This budget request has been pared down because of the limited amount of funds. Mayor Stirling said this is tied in with the comprehensive plans the Council has been discussing. Councilman Collins said this group has made some strong statements, and he is impressed with this committee. Councilman Collins moved to approve the request for fund the Mayor's Commission for $6,378; seconded by Councilman Knecht. Councilman Blomquist asked what the final product will be. Schwartz said it would by a synopsis of comments received, and the committee will try to prioritize the results and present them to Council. Schwartz said the committee plans to canvas people during September and October and present the results to Council in November. Councilman Blomquist asked if there will be a limit to the subject nature. Schwartz said the committee does not intend to prejudge. Councilman Blomquist suggested this motion might be amended to orient this to the city of Aspen and to those goals that the Council can deal with. Councilman Knecht said the original discussion was that the committee should not have their hands tied by anything. Councilman Knecht said this study should be based upon the valley but concentrate with the city. All in favor, with the exception of Councilman Blomquist. Motion carried. ORDINANCE ~27, SERIES OF 1983 - Buckhorn Rezoning Mayor Stifling opened the p~blic hearing. Colette Penne, planning office, told ~oun~il this is a request to rezone the Buckhorn lodge from O, office to C/L. Ms. Penne said Mr. Kelly did not wan~ to go along with the L-3 rezoning because the commercial use on the first floor would be non-conforming. The uses of the Buckhorn conform exactly with the C/L zoning, which has commercial uses on the first floor with lodge uses on the second and third floors. Ms. Penne explained the adjacent lodge has been zoned L-3; there is Office zone, R/MF neighborhood and N/C, with Aspen Square zoned C/L, and C-1 zoning. There is no directly adjacent C/L zoning. Ms. Penne pointed out that Original street operates as a ma~or thoroughfare for the property, and this corner is the entrance to town in the summer. The purpose of C/L zoning is to serve as a transition from lodge to commercial uses. The C/L zone density is an FAR of 2:1. Ms. Penne said the existing uses at the Buckhorn lodge are a perfect fit for the C/L zone, and would make both commercial and lodge uses conforming. It would allow these uses to be upgraded and/or expanded. Ms. Penne said at 2:1 FAR at the Buckhorn would make a dense use, and Mr. Kelly has voluntarily restricted to a 1:1 FAR. Gideon Kaufman told Council the Buckhorn Lodge is currently 1:1 on the site. Ms. Penne said if this part of the block is rezoned to C/L, it would be logical for the Bell Mountain lodge to request C/L zoning. ~he Bell Mountain lodge is under-developed at this time. Ms. Penne said a criteria for rezoning is to con- sider community need. Ms. Penne said she did not feel a need for extending community uses can be shown. Ms. Penne told Council the planning office feels the appropriate zone for this parcel is L-3, it would be consistent with the rest of the block. The lodge portion of the building can be upgraded. P & Z recommended denial of rezoning to C/L and recommended the zoning be Lv3. P & Z felt there would be pressure from the rest of the block to rezone to C/L. Another concern is the loss of parking spaces; however with the voluntar~ restriction ~o 1:1 FAR, this may be a moot point. P & Z felt there is no evidence for expanded commer- cial uses in this area. P & Z also felt this would be creating a small island with no relationship to the rest of the area. Ms. Penne said the former Council passed this ordinance on first reading, with the limit on the FAR of 1:1. Gideon Kaufman, representing the applicant, told Council when the L~3 zoning was adopted, Council was willing ~o go into residential neighborhoods and make conforming in these neighborhoods lodges. Kaufman said this is a commercial area, and they are asking to be rezoned to commercial use. Kaufman said the C/L zoning for the Buckhorn would make an on-going 25 year operation legal and conforming. Kaufman said the request is not to expand the commercial uses, but keep the same building that is there and make the whole building conforming. This request meets the criteria of the C/L needs with commercial on the lower level and lodge on the uppsrtevel and Mr. Kelly ls voluntarily going along with a 1:1 FAR. Kaufman pointed out that L-3 makes only half of this building conforming; C/L is the only zone that makes the entire building conforming. Si Kelly showed Council a drawing of what ~s in the building, with lodge on the third floor, second floor is retail space and a lobby for the lodge and the downstairs is two offices and an employee apartment. Kelly said his problems will not be solved with either O, office zoning for L-3. Kelly said he is not asking for any changes or change in density. The lodge is the same as it has been for years, and Kelly is just asking Council to make the lodge conforming. Chuck Torinus told Council he has looked at this proposed and would hope that Council will affirm Ordinance ~27. Torinus said he felt it makes sense to go with the C/L designation looking at the history and use of the building. Councilman Blomquist said he disagreed with the planning and P & Z recommendations. Councilman Blomquist said the objectives of the L-3 zone would not be achieved because of the nature of the building~and its loca- tion. Councilman Blomquist said he feels this ordinance is appropriate, especially with the FAR restriction. Councilman Blomquist said with C/L zoning, the Buckhorn has flexibility to do upgrading. Councilwoman Walls asked if Si Kelly would be willing to stipulate to one parking place fop every room, as C/L zoning does not require any parking. Kelly said he did not have any problems with that. Kaufman suggested that Kelly stipulate to keep the amount of parking he has at the current time. The number of legal spaces at the Buckhorn lodge will be continued. Mayor stirling asked if this rezoning would add value to the property. Kaufman said if the elimination of non-conformity adds value, then it does. There is no ability to build any more space or change the configuration. This rezoning merely takes what is there and makes it legal and conforming.and would allow the applicant to fancy the place Assistant City Attorney Gary Esary told Council if they are going to adopt this ordinance, he would recommend a deed restriction for the 1:1 FAR and the parking spaces, and that this is being rezoned to use. Councilman Collins said if this is rez0ned to C/L, it should be zoned without restrictions. Councilman Collins said he felt this would encourage commercial growth out of the downtown core. Councilman Collins said he felt L-3 is spot zoning, is not consistent with the master planning; however, if the city gave L-3 to take away the stigma of non-conformity, he agrees with Kelly. Councilman Collins said this is the Pandora's box. Ms. Penne said the L-3 class action was to support lodge rooms that were non-conforming and to allow owners to upgrade. Kaufman pointed out there is no other building that has this configuration with lodge on top and retail on the topi Councilman Blomquist moved to adopt Ordinance ~27, Series of 1983, on second reading, amended in Section 1 insert rezone "to use", and that the owner shall restrict the external floor area ratio to a maximum of 1:1, and to retain the present number of legal parking spaces with documents approved by the city attorney; seconded by Councilwoman Walls. Roll call vote; Councilmembers Knecht, nay; Walls, aye; Collins, nay; Blomquist, aye. Mayor Stirling, aye. Motion carried. ORDINANCE ~35, SERIES OF 1983 - L-3 Quota System Mayor Stirling opened the public hearing. Alan Richman, planning director, told Council they have amended this ordinance at a work session since first reading. Richman said that the scoring system itself is clear and not an issue. The main issue is the size of the L-3 quota itself. P & Z recommended a 10 unit L-3 quota and 35 units for the other lodge zones; the planning office is recommending a 25 units for the other lodge zones. Richman told Council the short term accommodations report does not document the need for substantial numbers of new lodge units, but does document the need for quality improve, ments. Richman told Council the quota system has flexibility, Council can award multiple years of quota or bonus quota. This gives Council a chance to make a decision on how many lodge rooms will be allocated from year to year. Richman pointed out the lodge quota was just amended last year. Council.can amend the quota from year to year by ordinance. Richman told Council there is a possible build out in the major lodge zones of 900 units, and only 230 units in the L-3 zone. The recommended ratio of 25 and 10 units seems to be appropriate. David White, P & Z member~ said the P & Z wanted to offer a carrot to the lodging industryl so that something will happen in the lodging community. Gideon Kaufman said P & Z was very clear that they wanted two separate quotas and not to reduce the quota. Just recently it was recognized that the quota should be raised to 35 lodge units because nothing was being built. P & Z wanted to keep the quota of 35 and have a separate quota for the L-3 zone. Bil Dunaway said there is no indication that more lodge rooms are needed in the city; there are more lodge rooms than Aspen mountain can bare. Dunaway said the overall quota ought to be 35 units, 25 for the lodge zones and 10 for the L-3 zone. Sunny Vann, planning director, told Council the planning office feels that a 10 unit quota for L-3 would sufficient flexibility and that a total unit quota of 35 was still appropriate. Vann said Council has the ~flexibility, without exceeding the growth rate to chage the quoat at a later date. If Council changes to quota now, it will exceed~the growth rate of 3.4. Mayor Stirling asked if increasing the quota would act as an incentive and bring people out for projects. Mayor Stirling asked if 10 units for L-3 would be sufficient. He would like to see the quota enlarged in the L-3 to 20 and have 35 in the other lodges Councilman Knecht moved to adopt Ordinance ~35, Series of 1983, on second reading; seconded by Councilman Blomquist. Councilman Collins said if this ordinance is passed as is, the city has increased the number of lodge units in one year from 18 units to 45 units. Councilman Collins said he did not see any reason for increasing the quota. Councilman Collins said he did not see the market is out there for these numbers of units. Roll call vote;.Councilmembers Walls, aye; Knecht, aye; Collins, nay; Blomquist, aye; Mayor Stirling, aye. Motion carried. ORDINANCE ~37, SERIES OF 1983 - Repealing Ordinance ~4, 1983, Applejack Zoning Colette Penne, planning office, told Council that Ordinance 94, 1983, was a mistake and that the zoning change should not have occurred through mere removal from a list. This ordinance would include the Applejack as an L-3 lodge. The Applejack went through a full review in the class action when the L-3 zone was adopted. Mayor Stirling opened the public hearing. Ms. Penne told Council that an application has been filed for condominiumization of this lodge. Ms. Penne said L-3 zoning would be advantageous to the owners, and the purpose of the L-3 zone is what the Applejack is proposing to do. Gideon Kaufman, representing the applicant, told Council this was identified as an appropriate place for L-3, and the Applejack went through the rezonlng criteria. After that, the Applejack was involved in uncertain ownership, they were not sure what they wanted to do and requested that the L-3 zoning be repealed. Kaufman told Council this does not set a back precedent; it undoes something that was not right in the first place. The applicant wants to upgrade in a major renovation. It wold take 4 to 6 months to go through a rezoning and the whole project amy fall apart. Mayor Stirling closed the public hearing. Councilman Blomquist moved to adopt Ordinance ~37, Series of 1983; seconded by Councilman Knecht. Roll call vote; Councilmembers Knecht, aye; Blomquist, aye; Walls, aye; Collins, nay; Mayor Stirling, nay. Motion carried. ORDINANCE #38, SERIES OF 1983 - Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. CounJilman Knecht moved to adopt Ordinance ~38, Series of 1983, on second reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Walls, aye; Collins, aye; Knecht, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. ORDINANCE 939, SERIES OF 1983 - Appropriations Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Knecht moved to adopt Ordinance #39, Series of 1983, on second reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Walls, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. GORDON LOT SPLIT Richard Grice, planning office, told Council this application meets the criteria for an exemption from growth management, and meets the criteria for a one-step process. Grice said at the attorney's request, a note has been added to the piat, noting the one time only nature of the lot split, "No further subdivision may be granted for these lots, nor additional units built without receiving an allocation through the growth management plan". The major issue in this application is a condition from the attorney's office that in connecting to the city's water system, that the applicant canvey water rights equal to the demand the new residence will have on the water system. Grice passed out a plat. Grice told Council this application was referred to the city's water attorney and received a comment that this property owns water rights equal to 20-30 acre feet per year from the Riverside ditch, an irrigation water right~ The water attorney estimated the demand from one single family residence would be .2 acre feet per year. The water attorney recommended that amount of water be dedicated as a condition of this approval, and then leased back to the applicant to continue to irrigate the property. Grice said in the subdivision exception agreement, the condition for dedicating the water rights as well as the applicant paying for the physical water extension are listed. The staff also recommended that the standard improvement district language be a condition of this agreement. Assistant City Attorney Gary Esary recommended another condition for the agreement, which is that pursuant to the draft city water rights dedication ordinance of 1980, which was proposed but not completed. This is that the applicant be required at the time he gets city water service for lot 2, to grant the city a right of first refusal for a period of ten years for any additional water rights not already deededc~o the city, if the water are every conveyed separately from the city. Mayor Stirling asked about fishing access to the river and the potential for trails. Grice told Council there is an adopted master plan for trails, and this property is affected by that master plan. Grice has walked the property, and the trail easement is drafted to his specification. Grice said he did not know about the standard policy regarding fishing access. There is access to the river through the trail easement. Councilman Blomquist said the implications of fishing access should be studisd and how it is properly solved on river front properties. Grice said this trail link will hopefully be put together with other links in the future to create a trail. Mayor Stirling said the city has received a challenge to the first short step application that Council acted upon. Mayor Stirling asked what the attitude of adjacent property owners to this lot split, and does it inhibit any adjacent property owners. Grice said he could not see how this would affect any property owners. Grice said he has had noel contact with any property owners. Tam Scott, representing the applicant, told Council in 1979, when there was a notice requirement, all property owners were notified and there were no objections at that time. The applicant withdrew his application because he was unhappy about the trail easement. Scott said with regard to the fishing easement, since the trail easement is so close to the river, it is tantamount to a fishing easement. Scott said a fishing easement is not addressed in the Code, as the trail easement is. Scott requested that the fishing ease- ment not be part of this application; Scott said he did not feel there is a legal authority for this. Scott said the water trade comes up under a proposed, unenacted 1980 water ordinance. Scott said he did not see any reason for doing this; it is a nuisance factor and ii, is not covered by the Code. Scott said he did not feel this should be required upon this applicant. Esary said there was a resolution passed in 1976 which pro~ides in concept what the draft 1980 spells out. The 1976 resolution, which is in effect, says for a number of purposes of securing water for the city, preventing abandonment of water rights upon any development permit Council can require that water rights be given to the city. Esary said the draft ordinance is part of the city's water management plan. Councilman Knecht moved to approve the Gordon lot split exception pursuant to Section 20-19(c) subject to the following conditions in the planning office memorandum of August 8, 1983 with conditions 1, 2, and 3, and the addition of l(c) to provide of the right of first refusal for ten years if the water rights are ever attempted to be sold separately from the property, and that conditons 1 a, b, and c only become effective upon an application by the owner of lot 2 for city water service; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Blomquist. Motion carried. ORDINANCE #40, SERIES OF 1983 - GMP Clarity and Consistency Councilman Knecht moved to read Ordinance #40, Series of 1983; seconded by Councilman Blomquist. All in favor, motion carried. ORDINANCE #40 (Series of 1983) AN ORDINANCE IMPLEMENTING RECOMMENDED TECHNICAL REVISIONS TO VARIOUS SECTIONS OF ARTICLE XI OF SECTION 24 OF THE MUNICIPAL CODE FO THE CITY OF ASPEN PERTAINING TO THE GROWTH MANAGEMENT QUOTA SYSTEM, AS FOLLOWS: 1. AMENDING SUBSECTIONS "(c)" AND "(d)" OF SECTION 24-11.4, BY REPLEAING AND REENACINT SAID SECTIONS SO AS TO READJUST THE RANKING PROCEDURES FOR RESIDENTIAL DEVELOPMENT APPLICATIONS. 2. AMENDING SUBSECTION "~c)" AND "(d)" OF SECTION 24-11~5 BY REPEALING AND REENACINT SAID SECTION SO AS TO READJUST THE RANKING PROCEDURE FOR COMMERCIAL AND OFFICE DEVELOPMENT APPLICATIONS. 3. AMENDING SUBSECTION "(d)~ OF SECTION 24-11.6 TO RECOGNIZE THE REQUIREMENT THAT THE RANKING OF LODGE PROJECTS ESTABLISHED BY THE PLANNING COMMISSION SHALL BE FORWARDED TO CITY COUNCIL BY DECEMBER 1st OF EACH YEAR. 4. REPEALING PRESENTLY EXISTING SUBSECTION "(b) (5)" OF SECTION 24-11.5 PERi TAINING TO APPLICANTS' PREVIOUS PERFORMANCES AND RENUMBERING THE PRESENTLY EXISTING SUBSECTION "(b) (6)" AS "(b) (5)" 5. AMENDING SUBSECTION "(d)" OF SECTION 24-11.2 SO AS TO ADD SUBSECTIONS "(d) (3)" AND "(d) (4)" REQUIRING.<ADDIT~ONALOCQNDITIONS FOR2THEEGRANTING OF AN EXEMPTION OF A SINGLE FAMILY RESIDENCE ON A LOT SUBDIVIDED AFTER NOVEMBER 14, 1977. 6. AMENDING SUBSECTION "(b) (4) (bb)" OF SECTION 24-11.4 TO PROVIDE THAT WITH RESPECT TO THE AWARD OF POINTS IN THE AREA OF EMPLOYEE HOUSING, THE RATIO SHALL BE COMPUTED ON THE BASIS OF THE TOTAL NUMBER OF DEED RESTRICTED BEDROOMS IN THE PROJECT TO THE TOTAL NUMBER OF BEDROOMS IN THE PROJECT (AS OPPOSED TO NON-DEED RESTRICTED BEDROOMS). 7. AMENDING THE INTRODUCTORY PARAGRAPH OF SUBSECTION "(a)" OF SECTION 24-11.4 TO INCLUDE LANGUAGE TO ENCOURAGE APPLICANTS FOR RESIDENTIAL DEVELOPMENT TO ENGAGE IN PRE APPLICATION CONFERENCES 8. AMENDING THE INTRODUCTORY PARAGRAPH OF SBUSECTION "(a)" OF SECTION 24-11.5 TO INCLUDE LANGUAGE TO ENCOURAGE APPLICANTS FOR OFFICE AND COMMERCIAL DEVELOPMENT TO ENGAGE IN PREAPPLICATION CONFERENCES was read by the city clerk Alan Richman, planning~office, told Council these are mainly minor and technical code amendments. These have resulted from looking at the scoring systems, and the P & Z coming up with new ideas. This ordinance takes new ideas from any one area of the GMP and make them consistent across the entire GMP. Councilman Knecht moved to adopt Ordinance #40, Series of 1983, on first reading; secondedi by Councilman Collins. Roll call vote Coouncilmembers Walls, aye; Collins, aye; Blomquistll aye, Knecht, aye; Mayor Stirling, aye. Motion carried. CASTLE RIDGE - Contract for Drainage System Bob Wells, engineering department, told Council this project was let out for bids, four people picked up packages, and only one company submitted a bid. Wells told Council the staff negotiated with that contract to get him to a lower price. Wells recommended that Council approve the contract with Pioneer. Mayor Stirling asked if this was included in the figures presented to Council already spent at Castle Ridge. Finance Director Sheree Sonfi~ld told Council this will make the total package come to $149,000 rather than the $132,000 presented. Mayor Stirling asked if this were something the c~ty!could have some hope of recapping. City Manager Chapman said~yes. Mayor Stirling asked if the city had any choice. Wells answered no. Wells told Council he has done a background check on Pioneer with Rangely, Grand Junction and the Twon of Snowmass, all of whom were satisfied with the performance. Councilman Collins asked what this work entailed. Wells said it is excavation around buildings A, B, and F to install a PDC membrane attached to the foundations at extending 6 feet from the building. They will backfill with road base and washed roack with some top soil around the buildings. This will necessitate fixing some sidewalks and revegetating the disturbed areas. Councilman Collins asked if any contractors around this area had shown interest. Wells told Council that Schmeuser had called people all over the immediate area, and no one bid the contract. Councilman Collins moved to approve the contract with Pionee construction in the amount of $54,399; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE ~41, SERIES OF 1983 - Purchase of Shapery Property City Manager Chapman told Council since they directed the staff to prepare to purchase this property, the attorneys and Chapman have been negotiating with Shapery and with Trueman regarding the park dedication fee that is in dispute. The staff has been able to come up with a proposal in this ordinance. Shapery has dropped the requirement that the city has interest and pro rata, and Shapery has withdrawn his offer to pay $10,000 for landscaping with a matching city share. The purchase of this property will become $650,000 with no strings attached. Chapman told Council working with Grueter, who represents Jim Trueman regarding the park dedication fees, they have come up with a proposal. In this proposal, Trueman acknowledges he owes the city $15,532 for the residential park dedication fees. This is the original fee of $10,726 plus 7 per cent interest for 2,336 days. Chapman said that Trueman and the city agree that the commercial park dedication fee owned by Trueman is $30,000, which will constitute full satisfication of any park dedication fee. Chapman told Council the original park dedication fee of $90,000 with 7 per cent interes5 for 2, 336 days would have been $130,000. Chapman told Council the staff's research has shown that no one has ever paid a commercial park dedication fee. Chapman also told Council that shortly after this SPA approval for Trueman, the commercial park dedication fee was repealed. Chapman told Council that Trueman will agree to accept a promissory note from the city in satisfaction for Shapery's $300,000 promissory note. The principle amount of the note is $254,468, which is the $300,000 reduced by the park dedication fees owed to the city. The city will pay Trueman 6 per cent annual interest payable quarterly for three years. The principle amount of the note is due September 1986. Chapman presented a financial impact to the city. The negotiated settlement represent an economic benefit to the city of $114,000. Chapman said he recommends these terms and that they be written into the ordinance. Councilman Blomquist moved to read Ordinance #41, Series of 1983; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE NO. 41 (Series of 1983) AN ORDINANCE APPROVING T~E~CQ43~$ITION BY TH~ ~C~T¥'OF ASPEN OF THAT PROPERTY LOCATED WITHIN THE CITY OF ASPEN, couNtY OF PITKIN, KNOWN AS LOT 3, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT (TNCP); DESIGNATING THE SUM OF $650,000, PLUS INTEREST AS PROVIDED, TO PURCHASE THE SAME FROM OPEN SPACE BOND PROCEEDS; AUTHORIZING THE SETTLEMENT OF CERTAIN CROSS-CLAIMS BETWEEN THE CITY OF ASPEN AND JAMES R. TRUEMAN AND CERTAIN OF HIS ASSOCIATED BUSINESS ENTITIES IN CONNECTION WITH THE DEVELOPMENT OF THE TNCP, WHICH SETTLEMENT IS INCLUDED IN PART IN THE PURCHASE TERMS OF SAID LOT 3; ADOPTING THAT CERTAIN "VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE" TO PURCHASE THE SAID LOT 3, WHICH CONTRACT IS ANNEXED AS EXHIBIT "A" AND INCLUDES THE FOLLOWNG TERMS: 1. COMPENSATION TO THE OWNER OF LOT 3 OF $650,000, PLUS INTEREST AS PROVIDED, TO BE PAID AS FOLLOWS: (a) $350,000 IN CASH AT CLOSING; (b) ASSUMPTION AND NOVATION BY THE CITY OF A PROMISSORY NOTE FROM THE OWNER TO JAMES R. TRUEMAN OF $300,000, WHICH ORIGINAL NOTE WOULD BE CANCELLED AND REDELIVERED AS A NOTE FROM THE CITY TO JAMES R. TRUEMAN WITH A PRINICPAL AMOUNT OF $254,468 AT SIX PERCENT (6%) ANNUAL INTEREST WITH QUARTERLY PAYMENTS OF INTEREST ONLY FROM SEPTEMBER 1, 1983, TO SEPTEMBER 1, 1986, ON WHICH DATE ALL PRINCIPAL AND ACCRUED INTEREST WOULD BE DUE. 2. DISMISSAL WITH PREJUDICE OF CIVIL ACTION NO. 83 CV 301 IN THE DISTRICT COURT FOR PITKIN COUNTY, COLORADO, CAPTIONED "SANDOR W. SHAPERY V. THE CITY OF ASPEN, ET AL." 3. THE CITY'S OBLIGATIONS UNDER THE CONTRACT ARE EXPRESSLY CONDITIONED ON APPROVAL AND ADOPTION OF THE CONTRACT BY ORDINANCE OF THE ASPEN CITY COUNCIL; AUTHORIZING THE SETTLEMENT OF CERTAIN CROSS-CLAIMS BETWEEN THE CITY OF ASPEN AND JAMES R. TRUEMAN AND CERTAIN OF HIS ASSOCIATED BUSINESS ENTITIES IN CONNECTION WITH DEVELOPMENT OF THE TNCP, WHICH SETTLEMENT INCLUDES THE FOLLOWING TERMS: Reqular Meetinq Aspen City__C_oJ~D~ Au~,~e R; 1 9J~3 ACCEPTANCE BY TRUEMAN OF AN ASSUMPTION AND NOVATION OF THAT CERTAIN ORIGINAL PROMISSORY NOTE FROM SANDOR W. SHAPERY TO JAMES R. TRUEMAN OF JANUARY 8, 1982, WITH A PRINCIPAL AMOUNT OF $300,000 AND AN ANNUAL INTEREST RATE OF TWELVE PERCENT (12%) TO A NOTE FROM THE CITY OF ASPEN TO JAMES R. TRUEMAN WITH A PRINCIPAL AMOUNT OF $254,468 AND AN ANNUAL INTEREST RATE OF SIX PERCENT (6%). 2. REDUCTION OF THE PRINCIPAL AMOUNT ON THE ORIGINAL NOTE BY $15,532, REPRESENTING A RESIDENTIAL PARK DEDICATION FEE. 3. REDUCTION OF THE PRINCIPAL AMOUNT ON THE ORIGINAL 'NOTE BY $30,000, REPRESENTING A COMMERCIAL PARK DEDICATION FEE. 4. CANCELLATION OF THAT CERTAIN PROMISSORY NOTE FROM JAMES R. TRUEMAN TO THE CITY OF ASPEN OF APRIL 8, 1977, WITH A PRINCIPAL AMOUNT OF $90,000 AND THE EXCHANGE OF MUTUAL RELEASES; AND AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY MANAGER EACH SEPARATELY TO EXECUTE ON BEHALF OF THE CITY OF ASPEN SUCH DOCU- MENTS AS ARE NECESSARY TO CONSUMMATE THE DESCRIBED TRANSACTIONS. was read by the city clerk Councilman Knecht moved to adopt Ordinance #41, Series of 1983, on first reading; seconded by Councilman Blomquist. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Blom- quist, aye; Walls, aye; Mayor Stirling, aye. Motion carried. RUEDI RESERVOIR - Contract Amendment with Sheaffer & Roland City Manager Chapman said this is a report on the status of Ruedi reservoir, what is happening the city's application for hydropower. Chapman said the permit process is almostli finished and the city could expect to have the permit issued before the end of this year. The city is starting to work on the next phase, which is building the hydropower facility. Chapman said the staff feels the best economic return is the design/build request for proposal process.~ Chapman said with this process, the city can move almost $100,000 in engineering costs to the successful proposer rather than the city bearing it. Chapman saidi one reason to go ahead with this now is one of the big costS, which is debt service. Chapman told Council the bond market over the next months or year will probably have higherll bond rates due to several reasons. Chapman said he would like to move forward with the request for proposal process now and also try to get to the bond market in a somewhat simultaneous process. Chapman said the staff is looking into moving this out of the municipal bond market into a hybrid financial process where this could be p~i~ateiy~ capitalized. Chapman said the staff would like to start the RFP process with an overlapping permit process. Chapman said the request is to approve the contract with Sheaffer & Roland, the city's consulting engineers, so that they can start the proposal process and evaluate the proposal~ as they come in. Mayor Stirling asked ~bout the need of this kind of energy. Chapman saidil this would provide about 50 per cent of the power<3~equirements for the city of Aspen. This would provide some price insulation to the city,s customer. Chapman said if e~erything goes as planned, construction could be started in spring of 1984 with supplying power as early as fall 1985. Mayor Stirling asked where this expenditure would come from and has it been presented to Council. Finance Director Sheree Sonfield told Council it Was not shown in the last financial report. There is money in the electric fund to pay for this. Chapman told Council in the bonding process, the staff would hope to capitalized!att the costs to date, which would total around $350,000. The electric fund could then be repaid its costs. Councilman Collins asked if this refund to the electric fund would include interest. Chapman said that would be a straight payment. Councilman Collins said fhe memorandum discusses a 3.5 megawatt and a 5.0 megawatt facilityi! and has it been decided what the city is going to build. Chapman said the 3.5 megawatt gives the city the best economic return in the early years. Chapman said it is planned to design the plant so that it can be increased easily in the 8th or 10 year. Councilman Collins pointed out one of the reason for going ahead with the hydropo~er is to keep an adequate pool of water in the reservoir. Chapman explained at the same time the Bu~Rau of Reclamation was negotiating to sell the water in the reservoir, and the city and county looked at a hydropower plant as cash flow to buy the water. Shortly after that the BOR changed their minds. However, the BOR is now re-considering to sell the water. Chapman said the city has protection in the national environmental protection act andtthe process the BOR would have to go through to change the operation of the reservoir. Chapman said the city would hope to get some agreements from the BOR about the reservoir, as it is a revenue source for the BOR also. Councilman Knecht moved to amend the Sheaffer & Roland contract to permit requests for proposals and evaluation of these proposals; seconded by Councilman Blomquist. All in favor, motion carried. 3527 Regular Meeting AspenV~ Council August 8, 1983 CONSENT AGENDA Councilman Collins requested the encroachment license for Aspen Laundry be remo~ed~ from the consent agenda. Councilman Knecht moved to approve the consent agenda; seconded by Councilman Blomquist. The consent agenda is liquor license renewal Magnifico's; Resolution ~22, Series of 1983. All in favor, motion carried. Council discussed the Aspen Laundry encroachment agreement. They are required to put an 8 foot sidawalk in on Hopkins street. Russ Pielstick showed the plans of moving the tree and how the sidewalk will work on Hopkins street. Councilman Collins moved to grant a standard encroachment license to the Aspen Laundry and Dry Cleaners building subject to the applicant agreeing to replace the five foot sidewalk with an eight foot sidewalk should the city so require in the-future; seconded by Councilman Blomquist. All in favor, motion carried. Councilwoman Walls moved to adjourn the Council meeting at 9:20 p.m.; seconded by Council- man Blomquist. All in favor, motion carried. Kathryn ~. 'Koch, City Clerk