HomeMy WebLinkAboutminutes.council.19830627 JOINT MEETIN~ WITH COUNTY COmmISSIONERS
Mayor Stirling called the meeting to order at 4:10 p.m. with Commissioners Blake, Kinsley,
Madsen and Klanderud, and Councilmembers Blomquist, Knecht, Walls and Collins present.
Mayor Stirling said it has been suggested that the city and county not meet on their
regular meeting dates. Mayor Stirling suggested luncheon meetings with prior notice.
The Commissioners said they try to schedule other meetings early in the week. The Boards
decided to think about a solution for this.
Smuggler Area Master Plan Agreement. Mayor Stirling reported the Council has a work
sessaon on the Smuggler ~roposed master plan last week. The Council wants to join in
this plan and acknowledges the need for work in the general Smuggler area. Mayor Stirling
said the Council feels the improvements need to feed into a long range plan with broader
objectives than the original proposal. Mayor Stirlinc said the transportation need
should combine with the other capital improvements proposped; the open space and the
economic feasibility need to be considered.
Mayor Stirling said the Council wants to develop a comprehensive plan. The city has had
nothing to say about the Centennial project; they did not participate in that decision.
Mayor Stirling said the Council views the Smuggler plan as one ~ut together by enaineers.
The plan as thorough; it addresses streets, drainage, etc. The ~lan speaks to hard
concerns, which are needed UP there. There are also political and economic considerations
The city would like to have the chance to involve the P & Z, planning office and Council
in looking at phase IV of Centennial with specifics in mind. The Council would like to
look at the quality of life, to mitigate the project from becoming an employee ghetto.
Mavor Stirling said the Council aarees to split the costs 50/50, thinkina splitting of
what benefits the entire community makes sense in the overall scheme. Wayor Stirling said
the Council accepts doing the work to county standards and the proposals for the lower
amount. Mayor Stirling said the Council does not agree that the Mill street bridge be
done first. The Council appeals that if work is to be~in on the ~ill street bridge that
it begin as late as possible this year.
In terms of procedures for funding this, the city has two alternatives. One is to ancreas~
property taxes, without going to a vote: the other ls to do a general obligation bond,
which does require a vote. The city would proceed by ordinance with all the reviews built
into that process. Mayor Stirling said the Council feels those revaews are important.
If the Council were to take this to a vote, September would be the earliest it could go
to the voters. Mayor Stirlina said there are some ways the city could save money in
this program. The city has a chance to use state fund for 80 ~er cent of rebuilding the
Neal street bridge. Mayor Stirling said in the lighting program, the Council talked
about tying the city-wide lighting into the Smuggler lighting, saving money for the city.
The Council looked at the acquisition of richts-of-wav, which if $250..000 ~rogram. The
Council would like to see some ways this could be reduced. The Council talked about
doing improvements districts. The Smuggler Trailer ~ark is trying to do improvements to
their park. Mayor Stirling said improvement districts are very complicated, and because
of the neglience in this area, this may not be the right way to go.
Councilman Blomquist said he would rather phase II be first ~riority rather than the Mill
street brid~e. Councilman Blomquist said the Roaring Fork greenway is being impacted.
Councilman ~lom~uist said he has seen no plan for the greenway, and would like to see
this studied very carefully. Councilman Blomquist said if ~ill street bridge goes
through, it freezes Gibson and Red Mountain roads. There are two roads paralleling
each other, Lone Pine and Gibson, which is not necessary. Councilman Blom~uist said he
feels doing the Mill street bridge ruins the changes to save the river front. Commissione
Kinsley said he appreciated the spirit of this; however, the Council has come into the
process late. Kinsley pointed out the city was a participant in Centennial in the general
submission. Kinsley asked wh~t kind of a review the city woul~ want, oiven the point
Centennial is ln. Kinsley asked if it was Council's Dosition that the countv not go
ahead with the Mill street bridge. If the County does go ahead with the bridge, timing
needs to be discussed.
Councilman Knecht said he would like to hold on the Mill street bridge. Councilman Knecht
said he felt the whole plan as too enganeering-wise; it needs to be more people oriented
with parks, open space, trails, etc. Councilman Kn~cht said he would like to go with
the first phase, hold the Mill street bridge, a 50/50 split and the city bond this with
a vote from the people. Kinsley said the first phase hinges on the Mill street bridge.
Councilman Blomquist recommended shifting to pahse 2 and study the Mill street bridge
until next year. Kinsley said there is some rationale of going with the Mill street
bridge, which has already been gone over. Kinsley said there is a timing Drob!em, and
going back over this might scuttle the entire program. Commissioner Blake said the
Boards have a responsibility to make that area liveable. The way the county prioritized
a couple of years ago, it is the Smuggler area's turn. Blake asked if projects could be
shifted around. County Engineer Pat Dobie said some of phase 2 depends on the development
of the Centennial projects; also the easements for Park avenue and Park circle will take
time to acquire.
Councilman Blom~uist questioned the process because the P & Z was not involved. Councilma
Blomquist pointed out what is fundamental is whether the Roaring Fork greenway plan
means anything. Commissioner Klanderud said one of the ma~or reasons for amprovlng the
Mill street bridge is because it is not safe for pedestrians. Councilman Blom~uist said
he did not see how the trail goes from the west side of the br±dge to connect to the
trail by the Visual Arts Center. Councilwoman Walls suggested a third alternative, which
allows the Mill street bridge but does not allow traffic on Gibson avenue. Councilman
Blomquist reiterated the plan has not mitigated the impacts on the river area. Councilman
Blomquist said he wants to see trails, drainage, streets all integrated.
Liz Johnson, Smuggler Trailer Park, said they di no~ want Gibson road closed off. Jon
Busch said he felt the human element is somewhat missing. Traffic on only one road woul~
make it more like a highway than having two roads. Joan Lane ouestioned the need for the
size of the Centennial projects. There are many apartments for ren~ in the area, not
all expensive ones. Ms. Lane said ~erhaps the needs for emDlos,ee housina is not as great a
it once was. Commissioner Child said even if there were no Centennial project, money has
to be put into Smuggler area. ~a¥or Stirling said phase 1 of the Smuggler plan is very
integrated with the Centennial project, and asked if Centennial is contributing to any
improvements being made in this area. Commissioner Madsen said the more a developer has
to pay, the higher the rents are, which was a major concern of the county. Phoebe Ryerson
said that Gibson must be kept open because of all the people over there. The Smuggler
people have been waiting a long time for improvements.
Mayor Stirling said the Council is ready to go with the overall philosophical approach of
50/50 split but needs one more session. The Boards scheduled this for Tuesday, July 5,
at 10 a.m. in Council Chambers. Council requested any information from the planning office
on the studies and the various alternatives, and how the concerns of the greenway and
trails might be addressed. Angie Griffith said there are a lot of wires in her area and
asked if these woul~ be undergrounded. Pat Dobie said there is no Droposal to bury the
existing wires. The Commissioners will brin~ their materials on what they worked ou~
with Centennial developer.
COUNCIL MEETING
CITIZEN PARTICIPATION
1. Jon Busch brought to the attention of Council the street lights at the intersection of
Main street and Galena. These are an alternate light source~ it is ~ncandescent. Busch
said he got Holy Cross to donate two 295 watt bulbs. This is a low cost alternative to
conversion to mercury va~or. Busch suggested Council look at this intersection.
2. Jeanne Bascom told Council the River Run Arts festival is ~lanned for July 2, 3, and
4 at Herron Park, which has a lot of wa~er running through it. Ms. Bascom asked for a
contingency plan, such as PaeDcke Dark. City ~ana~er Chapman suggested he and ~arks
director, Jim Holland, meet with ~s. Bascom. If C6uncil ~oes not have a problem with a
contingency plan, they will work one out. Council agreed with this approach. Councilman
Collins said he had talked to engineers and the river has peaked out and has gone do~n
six inches.
COUNCILMEMBER COMMENTS
1. Mayor Stirling reported on the ~aroon Bells bus Droaram. ~ayor Stirlin~ along with
Monroe Summers, was asked to negotiate with Aspen Highlands for use of the parking lot.
This has been successfully negotiated. The Highlands suggested they might run the bus
service, but it was found out their buses are not egu~pQed for this. Mayor Stirling said
the city will Provide the buses, tickets will be at a reasonable level, and Highlands
will ~et $5,000 for their parkin~ lot. Mayor Stirlin~ said he felt forest ranger, Dennis
Bschor, deserves thanks from the community for working hard at getting this program
together. The Maroon Bells bus program will start July 1.
2. Mayor Stirling brought up his interest in the Main street traffic lights. Mayor
Stirling requested this be on the July llth Council agenda for discussion. Mayor Stirling
said the lights went up for safety of the pedestrians; he would like to address the drivers
well being also.
3. Mayor Stirling said people have arrived in town. Mayor Stirling urged everybody to
greet the guests with friendliness, Damper them, and make them feel welcome. ~ayor Stirli~
said everyone should ~ve their all in making peoDle feel welcome.
4. Mayor Stirling reminded Council of the work session tomorrow, Tuesday, June 28, at
noon on budgeting and the housing authority will make a presentation.
5. Councilman Knecht requested a report on the "alley man" program. Parks Director, Jim
Holland, told Council this has been going almost two months. Holland said they are find-
ing it is not takinc the amount of time or money he budgeted. Holland sai~ after hand
sweeping every alle~, it is not hard to keep them up. This will not be a full time job.
Councilman Knecht said he heard some really good comments about the program and feels it
is paying off.
COUNCIL APPOINTMENTS TO REGIONAL & LOCAL BOARDS
Mayor Stirling announced these appointments. Councilwoman Walls will go to Northwest
Colorado Council of Governments, a very critical group which is becoming a significant
voice in Colorado. ~ayor Stirling will represent the city at Colorado Association of Ski
Towns; Mayor Stirling has been elected to the Board of CAST. Club 20 ~ayor Stirling will
attend when appropriate. On Ruedi matters, Councilwoman Walls will represent the city.
Colorado Municipal League Councilman Blomquist will represent the city. Councilman
Knecht will go to Pitkin County Parks Association, as he has done this for two years, an~
will attend Aspen Resort Association, in lieu of the Chamber. Councilman Collins will
attend the joint transDortation committee, which is working on a consolidation plan until
an appointed authority comes into beeing.
CITY BOARDS AND COMMISSION APPOINTMENTS
Mayor Stirling said there are vacancies on Board of Adjustment, P & Z and CCLC, and would
like Council to address the various applications that have been received. Councilman
Blomquist said he has been approached by some people, and feels advertising one more time
would be appropriate.
APPLICATION FOR A TAVERN LICENSE - ~olly Gibson Lodge
Mayor Stirling opened the public hearJ, ng. Gray Young, representing the applicant David
Jones, told Council Jones has spent considerable amount of money to upgrade the facility
to make it more attractive to producing a high quality lodging oroduct. Also,~Jones
would like to attract a four season small conference business. Jones would like to
serve liquor to his guests as well as at conferences. Young presented to Council for
the record petitions with approximately 260 signatures supporting the proposed operation.
Young said it would behoove the community if this license is approved.
David Jones told Council he has totally remodelled the second story and basement level
and put an a conference room. In doing so, he eliminated three guests rooms which were
below standard. Jones said there is a need for small conference facilities for uo to
50 people. Councilman Blomquist said he has seen the facility and it is really nice.
Councilman Knecht moved to approve a tavern license to David Jones for the Molly Gibson
Lodge; seconded bv Councilman Blom~uist.
Councilman Collins asked for a legal opinion on liquor licenses in lodges that might be
in residential areas. ~avor Stirling asked for opponents to the license. There were
none. Mayor Stirling closed the public hearing.
All in favor, motion carried.
ORDINANCE $23, SERIES OF 1983 Rubey Park SPA
Mayor Stirling opened the public hearing. Mayor Stirling said there have been discussions
between the applicant and the city on this, and because of the lengthy nature of the
discussion and of the timing of the apolicant's olans, Council is going to continue this
to 6:30 p.m. on Thursday, July 7, 1983. Mayor S~irling said this deserves attention and
a thorough discussion.
Councilman Knecht moved to continue the public hearing until July 7, 1983, at 6:30 p.m.;
seconded by Councilman Collins. All in favor, motion carried.
ORDINANCE ~26, SERIES OF 19~3 Little Nell SPA
Mayor Stirling opened the public hearing. Mayor Stirlinc said he has received a lot of
mail on this particular issue and will summarize the mail at the public hearing. Mayor
Stirling proposed this subject be continue~ until Thursday, July 7, 1983, at 5:00 p.m.
Councilwoman Walls moved to continue the Public hearing until Julv 7, 1983, at 5:00 p.m.;
seconded by Councilman Collins. All in favor, with the exceotion of Councilman Knecht.
Motion carried.
ORDINANCE $27, SERIES OF 1983 - Rezoning Buckhorn Lodge
Mayor Stirling opened the public hearing. Gideon Kaufman told Council the applicant
cannot be present this evening and would like this item tabled.
Councilman Knecht moved to table Ordinance $27, Series of 1983, until July 11, 1983;
seconded by Councilman COllins. All in favor, motion carried.
ORDINANCE $28, SERIES OF 1983 - Marolt Property
Mayor Stirling opened the public hearing. City Attorney Taddune told Council there are
some title problems remaining on the property. Taddune advised Council not to grant SPA
approval until these have been resolved to his satisfaction. Taddune said he felt
Council is in agreement with the purchase of Marolt. Mayor Stirling said there is some
concern about water rzghts and the contract with the original developer: the city wants
to make sure these are intact. Mayor Stirling said it is not the intention of Council
to delay this, but it is prudent for Council not to approve this. Taddune told Council
he wants to make sure the donation of ten acres is intact.
Colette Penne, planning office, said there has been some ~uestion about a garage located
on this property. Since the city is purchasing this with open soace funds, Council
needs to discuss whether they want to continue with a lease for the garage or they
do not want this operation to stay there. Councilman Blomquist said the city is acQuirzn~
this with oepn space funds, and this current use should be abated and this should include
the elimination of the Main street extension and Holden road. This property should not
be tied up for uses other than ooen space. Councilman Knecht agreed since this is open
space money, the use for a garage should be eliminated. Councilman Knecht said he feels
very strongly about getting ride of the Main street extension. Ms. Penne pointed out
these were left in the ordinance by the last Council. Bil Dunaway pointed out that the
oeople voted very strongly not to use the Thomas land for a highway. The P & Z
recommended that the rights-of-way be deleted, and they should be removed from the plat.
Councilman Collins said he would like to get the easements on the property straightened
out. Councilman Collins asked if this property were still zoned R-15A/SPA/PUD. Ms.
Penne answered yes. Councilman Collins asked why the city was keeping that zoning.
Taddune answered that part of the ninth claim in the lawsuit against the city has
something to do with employee housing. Taddune said until he gets the lawsuit resolved,
he wants it zoned as it. Councilman Collins suggested allowing Neal Beck to stay three
years like Mrs. Marolt. Councilman Blom~uist pointed out this is the only ~lace for a
trail to hook up with the existing trail system. Mayor Stirling suggested that Beck
be given ample time to get organized. ~ayor Stirling said Council's thoughts on Beck
and the road alignment should be include~ in the Ordinance for the July 11 second
hearing.
City Manager Chapman said he will talk to Neal Beck to find out how much time he needs to
vacate and report back to Council. Sunny Vann, planning director, told Council there was
considerable work done on the Holden road discussing linking Cemetery Lane and Castle
Creek. Vann said he would hate to see it demolished out of hand without some discussion.
Councilman Blomquist said when the city has two great pieces of open space together, the
Thomas and Marolt properties, why put a highway in the middle. Mayor Stirling reouested
more information in order to make this decision.
ORDINANCE ~29, SERIES OF 1983 - Shapery Downtown Storage SPA
Mayor Stirling opened the ~ublic hearing. Colette Penne, planning office, told Council
the P & Z recommended to Council if they approve the SPA plan, the GMP allotment be
increased for the full project. In this case, the applicant would do all trail improve-
ments including those not on his project. The language in this ordinance to allow a full
allotment was deleted in first reading.
Gideon Kaufman said there have been many meetings on this application and a lot of infor-
mation has been disseminated to Council. Kaufman said there are legal briefs and docu-
ments which state his client's right to develop the property. Kaufman asked these
documents be placed in the public record. Kaufman said by the underlying S/C/I zone, and
his client agreeing to that zone, the use of the parcel was ~redetermined. A mini-warehou
is a ~ermitted use in the S/C/I zone. The application has met the reouirements of that
zone. Kaufman said his client has been sensitive to the concerns of ~he community and
the neighborhood in his site plan.
Tom Wells pointed out originally there were three buildings on the site, which has been
reduced to two buildings with 115 feet dedication for open space on the river front.
There has been an attempt to move the trail to the other side of the property. Wells
said from the A.C.E.S standpoint, it will allow a continuous line of creen to separate
A.C.E.S from the commercial activity in the area. Wells told Council there are two SPA
requirements; one was to move the whole development back 5 feet, the other was to add
parking stalls. City Attorney Taddune said, regarding a ~roDosed land trade with Mrs.
PaeDcke, the Charter requires a public approval for the exchange of any property currentlv
used as open space. Councilman Blomquist asked if this could be done by easements.
Taddune said perhaps conservation easements could be exchanged.
Hal Clark, representing A.C.E.S., told Council this land exchange may or may not be moot
depending upon the outcome of this project. Clark told Council the record of A.C.E.S on
this project is unanimous vote of strong disapproval on this project. Tom Cardamone,
director of A.C.E.S., reauested if Council approves this project that they be comfortable
with the terms of the landscaping and the softening effects. Wells outlined where the
original proposed trail was to be and a changed trail that would depend on some land
exchanges.
Carolyn Doty, committee to Preserve Open Space, told Council thev oppose the a~proval o~
this project for two reasons. First, because of the possibility of swapping some land;
the committee would like to see some work done to get this project out of this location.
Second, the committee feels the project should not be given approval until the park dedica
tion fee of $90,000 plus interest is ~aid by Trueman on that property. The co~ittee would
like the city to investigate why this money was not paid. Bernard Utchenik said this has
been a volatile to~ic around town. Utchenik said most ~eoDle he has talked to agree this
is a bad ~lace to put a warehouse. Utchenik said he would like the city to work on findin¢
property for the warehouse not in this location. Utchenik said the Council should do
their best to keep all the open space they can.
Mrs. Paepcke said she was offered $365,000 for Hallam Lake and the land around it about
twenty years a~o, which she turned down. Mrs. Pae~cke said the thought of building going
up around there was an anathema to her so she formed A.C.E.S., from which the whole city
has benefited. ~rs. PaeDcke sai~ she has had nothing but trouble since then. ~{rs.
PaeDcke told Council she has a stipulation in her cift of Hallam Lake that not one inch
of that land which she has g~ven may be sold by A.C.E.S. The land has to be turned over
to some conservation group. Hallam Lake is not a ~lace that could ever be sold or
developed; it is one of AsDen's greatest assets. When the City ~ut in the switching
station, they had to get Mrs. Pae~cke's permission. It was for the Good_ of AsPen. Mrs.
Paepcke told Council she agreed t~ the switching station if the city did certain Dlantin~
around ~he switching station, no~ of which was done. Mrs. Pae~cke. told Council w~en she
first heard of the warehouse she was distressed. Mrs. Pae~cke said the city may have to
buy this property to continue it as a berm for A.C.E.S. Tom Wells has come up with a aood
plan for the trail, on the west side of the property. ~{rs. PaeDcke said if the citv wants
the land for a trail, they will have to buy it from her. The land has to be appraised at
the same price people are demanding for the railroad track on top. ~rs. PaeDcke told
Council s~e all~wed ~he city to put pipes for the Adair settling pond ~own the hill and
through her property. The pond is a big mess, and it smells. The ~ond should be dredged
and cleaned out.
Hal Clark said he felt there is a serious violation of the subdivision agreement, which is
~he non-payment of the park dedication fee. Clark said he felt it would be a bad preceden~
to proceed with the a~Droval of the SPA and a building permit with the major violation of
this subdivision agreement. Clark told Council he has talked with the application about
investigating other sites for this project. Clark said he felt there are some other sites
that might be appropriate; these should be looked at. Clark said he felt the solution
of this project is not buying it or building it, but trading for it. Norma Dolle told
Council she is ~roud of the people ~n the town and the open space committee that cares
about this town. Ms. Dolle ~aid she hoped the city can continue to protect the town and
keep it as nice as it is.
City Attorney Taddune said with respect to the SPA designation on this proQerty, it gave
the'city the ability to attempt to get a precise plan to fit the underlying S/C/I zone.
The SPA overlay was a control. Without the SPA, the owner could have developed the proper~
in anv fashion he wanted.
Gideon Kaufman said the location of the trail is very_ imDortant~ the original approval
stated the developer can put the trail anywhere he wants on the property. The applicant
has worked with interested ~arties to put the trail in a better location, a trail that
worked and was more aesthetically pleasing. Kaufman pointed out, regarding the Dark
dedication fee, the original subdivision agreement between the developer, Mr. Trueman,
and the City of Aspen, said that prior to the issuance of a certificate of occupancy,
the park dedication fee has to be paid. Kaufm~n told Council the applicant saw that a
c/o has been issued, and had no knowledge of the lack of payment. Kaufman told Council
at closing Mr. Trueman told the applicant everything had been paid.
Kaufman told Council they have been in this process almost a year. Kaufman said it is
no longer fair for the city to take a longer time. It is time to address the issue, which
is the application in front of Council. Kaufman told Council ~r. Shapery has done every-
thing possible to work with the city and everyone involved to come up with the best
possible plan. Kaufman said the plan is a permitted use at half the density and sensitive
to the neighborhood.
Mayor Stirling read into the record a letter from Columbine storaae center, urging Council
to vote no on this application. Columbine has been serving the area since 1974 and
recently added more storage space, stating there is adeouate storage s~ace for the Aspen/
Pitkin County. Mayor Stirling added this is a different type of storage.
Councilman Blomquist moved to buy the ShaDery property out of open s~ace funds; seconded
by Councilwoman Walls.
Councilman Blomquist said if the Council is not prepared to purchase the property, they
then have to face the application before them. The P & Z recommended to Council, first,
to ~urchase the property, and secondly to approve the entire allocation. Councilman
Blomquist said he would be against buying the property because it would not be fiscally
prudent to purchase the property. Councilman Blomauist said these issues should be
treated separately.
Taddune said under existing law, it is conceivable that Council's decision not to approve
an SPA plan would result in an inverse condemnation. Taddune said that action would make
a developable lot undeveloDable, and therefore, some compensation it owed to the developer
Councilman Blomauist withdrew his motion. Councilman Blomouist said the Council has to
face the issue of whether they want to purchase this or not. Taddune explained the proces!
of condemnation; three commissioners hear evidence and an appraisal bv the owner of the
property and by the city and what is fair market value.
Councilman Knecht moved to adopt Ordinance 29, Series of 1983, as amended. Motion DIES
for lack of a second.
Taddune pointed out that Shapery's proposal to landscape the entire trail is contingent
upon Coucnil allocating the entire 21,000 s~uare feet. Taddune said the ordinance may
not be the way Council wants to adopt it to address the Dark dedication fee and the
trails.
Councilman Knecht moved to buy the property at fair price or condemn subject property and
purchase it with sixth penny open space funds: seconded by Councilman Blomquist.
Councilman Blomquist said this motion should be defeated because the city does not have
sufficient funds.
Councilmembers Collins and Knecht in favor. Councilmembers Blomquist, Walls and ~ayor
Stirling opposed. Motion NOT carried.
Councilman Blomquist moved to reconsider the motion; seconded bv Councilman Collins.
Councilmembers Collins, Blomq~ist, and Knecht in favor. Councilwoman Walls and Mayor
Stirling opposed. Motion carried.
Councilman Knecht moved to buy at a fair ~rice or condemn the subject ~roperty and buy it
with sixth penny funds; seconded by Councilman Collins.
Councilwoman Walls asked what the city is going to use for money to purchase this property
City Manager Chapman gave a re~ort to Council showing the distribution of the $4,000,000
of open space fund. This report indicates there is eno~ah funds to take care of the
$650,000 price. However, given all the things Council wants to do with these funds,
there is not sufficient money in the $4,000,000. There is enough money to purchase this
project, but it will limit Council's ability to make other purchases. Chapman explained
the city has had $4,000,000 bonds authori'zed, of which $3,500,000 have been issued.
The plans in the capital improvement program the Blue Ribbon panel reviewed, were over
$4,000,000. This report shows as of 12/31/83, Council would have a balance of $1,162,000
which has not been spent. There is S486,000 of that which ~s con~itted over the next
five years to the Marolt purchase. Council could get that amount aside and commit it
to the Shapery property and take care of the Marolt purchase at some other time with
another bond issue. It Council saves that money for Marolt, there is about $682,000 of
the $4,000,000 which is available to Council.
Mayor Stifling said he is opposed to the development of this property for a warehouse and
feel it is unfortunate the city got caught in this over a period of time. Mayor Stirling
said he is highly motivated to find some other solution for this. Councilman Blomcuist
said Council has to be fair to all people and the motion on the floor seems fair.
Mayor Stirling said just because the area is developed does not mean it has to continue
to be developed. Mayor Stirling said he does not feel this use is appropriate for the
site, and it will increase the traffic flow and make the situation worse. Mayor Stirling
said the proposals of trading and the obligations of Mr. Trueman are all tied together.
Mike Otte suggested adding to the motion the possibility of exchange of properties.
Kaufman asked what "fair price" means. Councilman Knecht answered as fair market price.
Kaufman said the application before Council is an SPA application and asked if Council
had turned that application down. Taddune said the Council has not approved the applica-
tion.
Councilman Knecht amended his motion to include and/or exchange of Property~ seconded by
Councilman Collins. All in favor, motion carried.
Mayor Stirling said that fair market value means whatever a willing seller and a willing
buyer can negotiate. There is a grou~ to begin the Process of negotiating with the owner
of the property.
LIQUOR LICENSE RENEWAL - Arthur's Restaurant
David Moss told Council he wants to work with the city another year. Moss said he .and
the city have reached an agreement on certain financial items that lagged behind. Moss
said he received a verbal okay on a commitment and payment plan for delinquent leases
and utility payments. ~ss said he is making payments every week and has made them for
the last four weeks. Moss told Council he is current with that plan and should be
totally up to date with the city on August 1st. Councilman Knecht asked what the city
is leasina to Arthur's. City Attorney Taddune said the city agreed to assume ownership
of the property so that a special exemption would come into effect exempting the property
from the within 500 feet of a school rule.
Councilman Collins moved to direct the city clerk to proceed and renew the liauor license
for Arthur's; seconded by Councilman Knecht. All in favor, motion carried.
INDEPENDENCE GHOST TO~ - Request for funds
Jere Rood told Council after seven years of study, the Aspen Historical Society got
permission to start restoration of Independence. Rood said he spoke with 2500 visitors
last year. Last year, the Historical Society for IndePendence has to raise $5,000. They
need to raise $10,000 this year ans are asking the city for S3500. The Historical Societ
has begun restoration work and has someone living at Independence so that people do not
carry off parts of the buildings. The s3500 will go towards materials and salary.
Rood told Council this is a people project, and is a great entrance Project on the east
side of town.
Councilwoman Blomquist asked if the board of the Historical Society has taken action
requesting this money. Rood said they have; the Historical Society is hoping that
Independence will become self-sustaining as Ashcroft has become. There will be two
funds raising project this summer. The county is g~ving no monev but is giving 80 hours
of in-kind services. Finance Director, Sheree Sonfield, told Council the Historical
Society received $6,000 for 1983 in budget requests. In 1982 they received $6,000 and
$2,000 for Independence. Councilman Collins asked why this wasn't included by the
Historical Society when they came in for budget requests. Ms. Sonfield said she asked
about this and felt the funding was already settled for Independence. Rood told Council
they have planned at ghost show at the Wheeler and a picnic as other fund raisers.
Councilman Knecht moved to approve the $3500 request and in next year's budget, any
request for Independence be put in the original budget~ seconded by Councilwoman Walls.
Councilman Collins asked why the request is doubled from last year. Rood told Council
last winter, Independence lost three more cabins because of the weather. The hope of
the Historical Society is to keep 17 of the 31 sites. Rood told Council last year his
salary was S300 a month, and it has been raised to $400. The rest of the money is
necessary materials. Councilman Blomquist said he felt it is a bad precedent to do
supplemental appropriations of this nature. Councilman Blomquist said the Council shoul~
not encourage these precedent. Councilman Collins agreed, but pointed out Council has
done this in the past. Councilman Collins asked for an amendment to make sure the city
has the money.
Councilman Knecht amended his motion for staff to show Council where the money is coming
from the fund this request; seconded by Councilwoman Walls. All in favor, with the
exception of Councilm~n Blomquist. Motion carried.
SUBDIVISION EXEMPTION - Curton
Colette Penne, planning office, told Council this is a request of subdivision exemption
for the purpose of adding an employee unit to a s~ngle family house on parcel B of the
Herndon subdivision, making it a duplex. ~s. Penne pointed out the Code provides this
exemption from the GMP as an incentive for employee housing. When the unit is built, it
will be deducted from the quota. The unit ~s exempted from the competition only. Ms.
Penne told Council the housing authority has reviewed the criteria of the exemption and
has recommended approval for construction of this deed restricted unit in the middle
income category. The unit may be provided for rent or for sale. The application may
select the tenant or purchaser provided he or she is ~ualified by the housing authority,
Gideon Kaufman, representing the applicant, told Council this previously went through
lot split approval. The applicants granted the city easements that were requested at
that time. One of the concerns of the city was not they did not want a more curb cu~s
on highway 82. The access to this parcel is through lot A. Kaufman has talked to the
engineering department about access through the alley. Kaufman told Council the applican
high the right ~o build a single family, free market unit on parcel B~ they are asking
for an exemption to build an employee unit.
Councilman Knecht moved to approve the Curton subdivision exemption with the following
conditions; (1) the unit be restricted to the middle income price and occupancy guide-
lines for 1982; (2) the unit be offered either for sale or for rent provided that if the
unit is rented, it is rented for not less tha a one year period; (3) the applicant be
allowed to select her tenant if for rent or purchase if for sale, ~rovided that all
tenants or purchasers be qualified by the housing office prior to their occupancy;
seconded by Councilman Collins.
City Attorney Taddune requested an additional condition, which is that the deed restri
be approved as to form by his office.
Councilman Knecht amended his motion to add that as conidition (4); seconded by Councilman
Collins. All in favor, motion carried.
SUBDIVISION EXEMPTION - Green Familv Trust
Colette Penne, nlanning office, told Council the Eagle's Nest condominiums have gone
through nearly every city review. This subdivision exemption is to add parking spaces
required in the RBO action, which allowed two employee units to exist in the downstairs
of this duplex. Ms. Penne told Council she has done a site visit, and the units are very
attractive. The requirement from the last Council was that the designated parking be
on the ~lat. These.parkinc spaces would remove the landscaping of the employee units if
they were ever put in. The condominium plat will show these as desiunated parking spaces.
The condominium documents state if a subsequent buyer wants the parking spaces put in,
they will be put in.
Councilman Knecht moved to approve subdivision exemption for the addition of two designate~
parkin~ s~aces on the Eagle's Nest condominium map and the commitment to construct them
in tbs condominium documents and that these revised documents be recorded within 90 days
of this action; seconded by Councilwoman Walls. All in favor, with the exception of
Councilman Collins. Motion carried.
HERRON APART~ENT PLAT A~ENDMENT
~ayor Stirling said he was involved in this transaction as listin~ and selling agent and
feels he has a conflict of interest. ~avor Stirling stepped down from the table. Colette
Penne, planning office, told Council this is a change to'~he plat. Ms. Penne said unit
lB has a porch area at the back, which is shown as a general common element for the Herron
apartments. This actually has been finished and used by unit lB for several years. This
action is formalizinc the fact the porch is actually Dart of unit lB. ~s. Penne pointed
out in her recommendation there are three conditions, one of which is not necessarily
fair. The first one is the condominium join any improvement district in the area if one
is formed. This is a minor change and only affects unit lB; it is unfair to ask the
entire condominium to join in an imnrovement district. The engineering office agrees
this is an onerous condition. ~s. Penne recommended Council drop condition 1. Also,
there is a timing problem, if this plat isn't filed in two days, the applicant will lose
money.
Councilman Blomquist moved to approve subdivision exemotion for the alteration of the
condominium mad of the Herron condominiums at 333 West Main street to include a oorch
area un Unit lB that is presently shown as a general common element with conditions 2
and 3 in the planning office memorandum of June 27, 1983: seconded by Councilman Knecht.
All in favor, motion carried. Mayor Stirling returned to the table.
~ALE OF A WASH - CONDOMINIU~IZATION
Colette Penne, planning office, told Council that the Whale of a Wash, 415 East ~ain
successfully competed in both residential and commercial GMP competition for 2700 s~uare
feet, and may build all commercial or a combination of commercial and one residential
unit. The applicant has not decided which he will do; whichever is not used will be
returned to the aporopriate ~uota. Ms. Penne said the applicant is askin~ for condominium-
ization of unit 1 and unit 2. In the commercial core, one can only have free market units
that are accessroy to the commercial use. ~s. Penne recommended approval of the condomini-
umization with the conditions in the memorandum.
Councilman Blomquist moved to grant Subdivision exception for the ourposes of condominiumi-
zation of the Whale of a Wash building, subject to conditions 1, 2, and 3 in the planning
office memorandum of June 27, 1983; seconded by Councilman Collins.
Mayor Stirling asked why dwelling units are not allowed. Ms. Penne said the commercial
core is for commercial use. The olanninG office does not want to encourage free market
units because they would occupy a lot of space that should be commercial. Emoloyee units
are allowed because of auto disincentive and they are subsidized by the commercial oroject.
All in favor, motion carried.
M.A.A. REQUEST FOR FUNDING
Ford Schumann said the reouest to Council is self-explanatory. The oroblem with the water
and sewer is vital to the ~.A.A.'s use of the campus and the use of the campus by Asoen
County Day School. This was totally unbudgeted. The ~{.A.A. has just raise~ money from
their constituency. The M.A.A. is orepared to assume a portion of this expense. Schumann
said what the M.A.A. means to the cor~munity is evident. ~artin Flub told Council the
M.A.A. had accummulated a deficit and had to go out for an emergency appeal, in which they
raised $400,000. The M.A.A. is budgeting on a break even basis. Flub said the M.A.A.
is unable to spend what they need in deferred maintenance. Flub said the cost of the
infrastructure of the music school and festival has increased at a rate higher than
inflation. The M.A.A. has received contributions in-kind from the artists and faculty.
Flub said a very small portion of donors provides over 75 ~er cent of the contributions.
Flub said the M.A.A. cannot go back against and again for contributions. Flub said he
hoped the city could Dick up the connects, because without them, the M.A.A. cannot be
in business.
Tom Dunlop, environmental health officer, said his department had an indication, in
February, that at least one well was not providing the quality water supoly for this area.
Dunlop told Council he has come up with some bad water samples. One well 'has been
abandoned. A temporary water system has been devised, which will provide water to the
students and facultv. Dunloo said this is a critical oroblem, and stressed that the city'
cooperation and the M.A.A.'s cooperation zs a priority.
Mayor Stirling said there is no question the M.A.A. is a key contributor to AsDen's summer
economy; there is an impressive list of accomplishments and effects on the community. The~
are two things to address, the M.A.A.'s endowment to the ~eeler Opera House, and the
probl~of solving the water and sewer at the school. Mayor Stirling said there was an
offer of endowment to the Wheeler Opera house, which was only verbal discussions. Based
on that promise, the city put in dressing rooms and orchestra pits at the Wheeler. Mavor
Stirling said the city has no~ had a policy to respond to recuests from various groups in
Aspen. During budget time, groups come forward, make requests, and grants are made in
cash and in-kind. This has been on the basis of need and the ability of the city to fund
these.
Mayor Stirling said the city should transact business with the arts groups in as clear and
straight foward a way as possible. Mayor Stirling said the groups should pay for the
services they need, with no trade offs. Mayor Stirling said the citv might never accept
endowments in order not to allow itself to be influenced, so that the use of public
buildings would be on a fair basis. Each year, the city would readdress the contributions
it would make. Councilman Collins said there are two policies here: one is the operation
of the Wheeler Opera House, the other is the ~olicv of making funds and gifts to groups in
Aspen. Councilman Collins said he felt the consensus of Council is to go into the Wheeler
with a clean slate. Then the Council will look at the commercial groups and the arts
group and have a policy that is consistent and e~uitable.
Councilwoman Walls supported Mayor Stirling's commen~s about the Dolicy of funding and not
accepting contributions. However, it might be appropriate to waive tad fees on occasion
for non-project organization. Schumann pointed out that the proposed endowment of
S250,000, if properly investsd could yield sufficient income to cover the Droposed rent
well into the future. The gift of $250,000 to the Wheeler, in essence, endows the space.
Schumann said if the city invited the M.A.A. to withdraw the $250,000, the M.A.A. in order
to use the facility would have to come u~ with that money to use the space. Schumann said
the M.A.A. could raise money from outside sources for an endowment, but not for capital
improvements.
Councilman Blomouist said there is nothin~ in ~he adoption of the above Dolicy that would
preclude Council of granting a block at time at the Wheeler, in the nature of an annual
contribution to the M.A.A. Councilman Blomquist said it might be better if the M.A.A.
handled the school and the city handled the Wheeler as seDarated costs. Flub said the
total cost on this problem is $505,000 on most recent estimate of water and sewer require-
ments. Flub said there is $137,000 which is on-~ampus, and the ~4.A.A. is looking to the
community in one form or another for $368,000 to provide services to the M.A.A.
Dunlop recommended not putting this project off for a year but starting it in the fall.
Councilman Blom~uist asked if the M.A.A. could recover any of their costs from having
others tap on the line. A.J. Zabia said there are only four houses that might tap on, and
they all have sufficient wells. City Manager Chapman said if the city is go~n~ to make
any contributions to the M.A.A, this would be a trade off. If the city has to come up
with $250,000 ~o replace their endowment to the Wheeler, that will change the ability to
pay back the land fund, reduce contributions to the arts or increase rental fees. If the
C~uncil wants to make the contribution to the water project, there could be a trade off
in the water department. The Council could delete Drojects in the wa~er management plan
to the cost of $150,000 and replace it with this project.
Councilman Knecht asked what project woul~ be sacrificed in the water management plan.
Chapman said the Rubey hump station and pipe line, which serves upper Red ~ountain area,
could be deleted. This is the second feedline to that area. This would be deleting a
redundancy in the system valued at $144,000. Mayor Stirling said there are some ~uestions
about g~vlng the M.A.A. rent-free in perpetuity. The Council could accept the endowment
and give the M.A.A. credit for some number of years, or give the ~.A.A. reduced rent.
The city could give its bonding of $155,000 ~nd not make contributions in cash to the M.A.
for a number of years. Mayor Stirling said he would like to see this done in the most
straight forward way as possible.
John Doremus said the M.A.A. has submitted a special review to the county; there is P & Z
review and Commissioner review. The M.A.A. has to be ready to break ground the next
day in order to be done in time for ACDS to start. Councilman Knecht said he feels
strongly that the city should help the M.A.A. out with their water problems as much as
possible. The Council has to look at the water management plan priorities. Councilman
Knecht suggested axeing the Rubey pump station and putting that into the capital program
sometime later. Councilman Knecht said giving the ~.A.A. exclusive rental usage of
the Wheeler in perpetuity, would foul up the cash flow for the ~eeler. Councilman Knecht
said he felt the water problem is an absolute priority.
Chapman sai~ this trade off would forego the revenue on the tap fee, and the city would
have to come up with the construction costs. Schumann said he could foresee as the usage
takes place in the Wheeler, it will become more viable that the wildest dream. Schumann
said he felt there will be great demand for the space, so that rent in perpetuity is a
negotiable item. Schumann said he is anxious to see the Wheeler finished and is committed
to seeinq 'the additional $200,000 is raised. Mayor Stirling said. the Wheeler Board is
concerned with the revenue coming in to operate the facility.
Councilman Xnecht moved to address the water problem that the city forgive the tap fee an~
change the priorities from the Rubey pump station, put that into capital expenditure
at a later date and put the priority in getting the water line out to the music school;
seconded by Councilman Blomquist.
Councilman Blomquist suggested, separately negotiations about the rent in perpetuity.
Councilman Collins asked if this would be an o~tright gift. ChaDman said the city will
build the water line, but this is a gift in that the city is doing this differently from
the other water management projects. Mayor Stirling said this does set a precendent and
Council should be award of that. Curt Baar, Aspen Sanitiation, suggested making the
sewer a~proval a condition of this gift.
Councilman Knecht moved to amend his motion to include the Aspen Sanitation approval a
condition; seconded by Councilman Blomquist. Ail in favor, with the exceDtion of Council-
man Collins. Motion carried.
Councilman Knecht said he would like to get the space in the Wheeler resolved. Mayor
Stirling said the Council is meeting with the Wheeler Board on July 6th; it could be
considered then% Councilman Blom~uist said the grant from the M.A.A. should be clear
and unencumbered. Councilman Kne~ht said considering the Council approved the water line,
he would like the endowment structured into prepaid rent. ~yor Stirling suggested the
~.A.A. earmark a schedule, and the ~^~eeler Board could schedule other uses around that.
The ~.A.A. would be given priority of dates. Councilman Blomquist sai~ the $250,000 shoul(
be a clean gift to the Wheeler with no strings attached other than the M.A.A. gets a
preferenced in the schedule. The ~.A.A. should be charged rents so that they will be
judicious in their demands for space and time. Flub said the Council wants the ~.A.A.
to have a feeling of responsibility in their use of space. Flub suggested one way to do
this would be to calculate the rent they would be credited at something less than 10
per cent. Flub asked if Council felt it was fair for the M.A.A. to get some credit.
Council agreed with the conce~t.
CCLC BUDGET REQUEST - Wheeler Street Scape Study
Monroe Summers told Council that the CCLC has an annual budget, and they come to Council
for approval of each item in the budget. The CCLC has a carry over from 1982 of $16,800.
The CCLC has requested less than $20,000 of their budget. They will be coming to Council
with the balance of their budget reouest. This project was at the top of their list.
They are requesting $4750 for street scape studies in the vicinity of the Wheeler ODera~.
House from Mill Street Plaza around to the ~other Lodge. This proposal is to bring up
several options; one-way streets, two-way streets, angle versus parallel parking.
Councilman Blomquist moved to approve this request contingent upon the Wheeler lots to
the west of the building being in this study; seconded by Councilman Collins.
Summers told Council this will be from the buildin~ all the way to the center of the
and will address landscaping, sidewalks changes an~ improvements. CCLC took the position
of recommending Benedict & Associates because they had a strong interest in what happens
to the Wheeler Opera House. Councilman Collins asked if this had gone before the Wheeler
Board. Summers said this had been discussed informally. Councilman Collins said the CCLC
is using a planning firm in Boulder and asked if it would be consistent to bring in anothe~
planning firm. Summers said Gage-Davis is only working on the improvement district, which
is south of Durant street.
Councilman Blomquist amended his motion that this be formally approved by the Wheeler Opera
House Board; seconded by Councilman Collins. All in favor, motion carried.
ORDINANCE ~32, SERIES OF 1983 Purchase of Open Space.
Mayor Stirling opened the ~ublic hearing. ~ayor Stirling said this ordinance enables the
city to purchase the Christopher property in the Lakeview addition. ~ayor Stirling closed
the public hearing.
Councilman Knecht moved to adopt Ordinance ~32, Series of 1983, on second reading; seconded
by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Knecht, aye: Blom~uist
aye~ Walls, aye; Mayor Stirling, ~ye. Motion carried.
ORDINANCE ~33, SERIES OF 1983 - Appropriations
Mayor Stirling opened the ~ublic hearing. This ordinance appropriates S20,000 in the
general fund and $300,000 ~n the open space fund and reducing the transit fund $1,710,000.
Mayor Stirling closed the public hearing.
CounciLman Collins moved to adopt Ordinance ~33, Series of 1983, on second reading; second~
by Councilman Knecht. Roll call vote; Councilmembers Blomquist, aye: Walls, aye; Knecht,
aye; Collins, aye; Mayor Stirling, a~e. Motion carried.
CITY ATTORNEY RETAINER AGREEMENT
City Attorney Taddune told Council this is an approach that 50 per cent of the municipalities
in Colorado use; Snowmass went to it last fall. Taddune said the idea of this is for the
continuity aspect. Councilman Blom~uist sai~ the costs look reasonable within the context
of past performances, and he is generally favorable. Councilwoman Walls said she did not
see any problems if it doesn't cost the city any more money. ~ayor Stirling said he
feels this raises certain philosophical changes. There is economic consideration with
subcontractors. This may be setting a precedent for other offices in city hall. ~ayor
Stirling said when one comes to work for a municipality, it is ~uite different than working
in the private section. A person ~lves up income by accepting security of the job.
Taddune pointed out there has been turn over of attorneys about every two years. This
contract approach can give continuity and depth. ~avor Stirling asked if the attorneys
planned on taking outside clients. Taddune ~aid he did not know. ~avor Stirling asked
if the city would have the same availability of attorneys. Councilman Blom~uist said he
felt the presentation is ~uite good. Councilman Blom~uist said it is very hard on the
city to have turn over in attorneys. Councilman Knecht said he felt the aD~roach is very
healthy.
Councilman Knecht moved to approve the city attorney retainer aoreement; seconded bv
Councilman Blomquist.
City ~ana~er Chapman said the city's cost ~er hour for legal services under the contract
would be precisely the same. These costs are very low. This contract will give Taddune
and Esary some benefits they would have if they were in the private sector, and this is
at no cost to the city. The city will have the probability of retaining to~ notch legal
help.
All in favor, with the exception of ~ayor Stirling. Motion carried.
CONSENT AGENDA
Councilman Knecht moved to approve the consent agenda; seconded by Councilwoman ~alls.
The consent agenda is (1) liquor license renewal - Sumo's; (2) Special Event Permits
AsPen Rugby Club; (3) Mall leases; (4) TIGA Contract Extension; (5) Central Reservation
Lease; (6) ~other Lode Lease. All in favor, motion carried.
Councilwoman Walls moved to continue the meeting until 10 a.m.; Tuesday, July 5, 1983;
seconded by Councilman Blomauis~. All in favor, motion carried. Council left Chambers
at 9:45 P.m.
Kathryn~. Koch, City Clerk
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Continued Meeting Aspen City Council July 7, 1983
Charles HoDton said he is not against the use of Rubey Park as a transportation stop; this
plan is re~lacing blacktop with buildings. There are smokey buses sitting there all the
time filling up the property.
Mayor Stirling closed the public hearing.
Councilman Knecht moved to adopt Ordinance ~23, Series of 1983, on second reading~ seconde~
by Councilman Collins.
Councilman Blomquist said he would prefer to adopt only section 1 of the ordinance so the
rezonang is accomplished but not the approval of the SPA. Councilman Blom~uist said he
would also prefer to eliminate the transportation/drainage overlay. Councilman Blomquist
objected to the commercial space: it as excessive. Councilman Blom~uist said he feels
the city can handle improvements at Rubey Park without involving the private sector.
Councilman Collins said he felt there is strong feeling in the community about this half
block as a park. Councilman Collins said he felt it was purchased for that; it was a
park at one time, and people feel strongly in that regard. Councilman Collins agreed this
is not the appropriate location for such a facility in terms of the scope and magnitude
of this. Councilman Collins said a few years ago, there was strong feelin~ against large
buses coming into the center of town and feels this is a valid consideration today.
Councilman Collins stated open space is very ~recious. Councilman Collins said regarding
auto disincentive, at some point, As~en will reach diminishing returns. Councilman Collin~
agreed something needs to be done to inspire the tourists; Aspen needs an information
center. Councilman Collins said the downtown area is special, and bus terminals do not
compliment what Aspen is trying to do in the downt~n area. Councilman Collins said he
would like the city to take another look at this site, to include some things needed to
handle the buses and a modest information center.
Councilman Knecht sai~ the visitor's center is very important. The taxpayers will no~ hav~
to pay for anything in this proposal. Councilman Knecht said he felt the taxpayers should
be allowed to vote for this proposal. Councilwoman Walls sai~ she ~oes not like the size
of the plan as it is now; does not like the commercial space nor the uses that are listed
in the ordinance. Councilwoman Walls said Aspen does need a transportation/visitor
center witk bathrooms, lockers, ski storage. Councilwoman Walls said Trailways has got
to come into town to be able to drop people off in town.
Mayor Stirling stated he is concerned about the commercial space because the city should
not be a partner an commercial space. This space will be highly visible and rentable, and
will leave other already built commercial space empty. Mayor Stirling said he is concerne¢
about losing open space in this area, although Rub~y-Park is no5 an ideal park. Mayor
Stirling said a transportation center of this size will draw a lot of density into the
downtown area. Mayor Stifling said Aspen needs a visitor center there an~ a small trans-
portation center; ~he commercial space is not appropriate. Mayor Stirlin~ said he would
like to see Rio Grande used as a secondary transportation center in a variety of ways.
Mayor Stirling said he as also concerned that 5he city dDes not know exactly what the
developer is going to do and what he is going to pay for.
Roll call vote; Councilmembers Blomquist, nay; Knecht, aye; Collins, aye; Walls, nay;
Mayor Stirling, nay. Motion NOT carried.
Councilman Blom~uist moved to adjourn at 8:15~ seconded by Councilman Knecht. All in favor,
motion carried.
~at~, ~ity Clerk