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HomeMy WebLinkAboutminutes.council.19791217 Regular Meeting Aspen City Council December 17, 1979 Mayor Edel call the joint meeting with County Commissioners together at 4:15 p.m. with Commissioners Child, Edwards, and Kinsley, Councilmembers Michael and Isaac present. Also present County Attorney Stuller, County Manager Ochs and City Manager Chapman. 1. Transportation Development Plan. Curt Stewart, Duane Fengel and Wes Frysztacki were present to report on the TDP. Stewart told the Boards to be eligible for capital funding Transportation assistance, UMTA requires that a continual planning process exist which should include Development average ridership, routes, marketing, passenger amenities, a complete picture of the Plan overall system with recommendations of ways to make public transportation better in the valley. Another reason for the TDP is so that the city and county can be thinking in terms of 5 years years what their capital requirements might be. Stewart said the transportation departments feel that P,B,Q,&D have done a good job on this document, it was done professionally, and some of the reco~amendations have already been implemented. Stewart told the Boards he is looking at the TDP as the last planning hurdle to a capital grant application to UMTA for a maintenance facility and buses. Stewart said he would like authorization from the Boards for him to prepare a capital grant application to UMTA. Wes Frysztacki, P,B,Q,&D, reminded the Boards he had begun work on this over.~a year ago. Their efforts were not the first in transportation studies. Their objective in this study was to develop strong data bases to develop solutions and prepare recommendations for the Upper Roaring Fork Valley to refine projects. The technical work of this focused on surveys; one was transit ridership survey. It was found many residents use the transi~ system frequently. 50 per cent of the residents using the systems had used it 9 or more times in the previous week; 40 per cent of those going to work. Also, it was found that 50 per cent using the system had access to a car, which is a complement to the transit system. Frysztacki told the Board they looked at all services being offered in the region. The different systems cater to different kinds of people~ with the county system primarily catering to downvalley residents and non-residents both. The city system services local residents in the Aspen area primarily. ~gu~ar ~eetlng Aspenqi~..~9~Ci.! December 17, 1979 Frysztacki said they did a parking survey, both in the winter and summer. This found that 75 per cent of the parkers had not used transit during the previous week. There are reasons for this; about half of the people are carrying something that would make transit TDP cont. difficult. P,B,Q,&D looked at the parking demand and supply and how it relates to the transit situation. They found that parking supply and demand were in imbalance; 60 per cent of the demand wanted to park for 1/2 hour or less, and only 4 per~'cent of the parking supply was offered to that time constraint. P,B,Q&D had offered some solutions to that. There are three major points from these surveys: (1) the existing systems are efficicent. The city and county systems are measured differently because they are offering different kinds of service. The city system achieves about 5.2 riders per mile; the national aver- age is 3.5 riders per mile. The county system, offering primarily express downvalley service, achieves 25.8 riders per trip on an annual basis. This is an excellent measure in terms of efficiency. National average is filling up 50 per cent is a good job. (2) Local transit is heavily utilized. Over the past four years there has been a three-fold ridership increase. In 1978 over 900,000 persons were riding the buses; over 25 per cent of the people passing the Castle Creek bridge were riding some sort of transit. Frysztacki said that transit ~mprovements are needed only because there is unmet ridership demand, which will increase in the future. There should be a higher degree of coordinatio~ between the two systems, city and county, both in operations and maintenance facilities. There also need to be increases in levels of service, which is a function of money and equipment. There are some system management marketing techniques that need to be imple- mented, both within the region and some advance marketing techniques for tourists. There is a definite need for a new maintenance facility. (Councilman Van Ness came into Chambers) Some of the recommendations are (1) transit system management strategies involving park- ing, efficiency, better relationships with Garfield and Eagle county; (2) establish a joint city/county agency; (3) minor capital improvements such as major terminals, 102 stops, Shelters, etc., increase in the bus fleet. They feel 16 buses and 5 vans will be needed in the next five years; however, the fleet requirements may change. Some traffic engineering improvements need to be made. (4) finally, major capital improvements, once again the maintenance facility, which estimated at $3,900,000 to have the entire fleet of 70 vehicles under roof. Another way is the busway, which carries a price tag of $8,000,00,. Frysztacki told the Board he felt this plan was is keeping with the policy of the high level transit program. The recommendations are agressive. The program is very large for an area such as Aspen, but is not unreasonable for the transit during the winter season. Mayor Edel asked where the 20 per cent matching would come from on any grant to UMTA. City Manager Chapman said they hoped to work out a system where the contribution from the city and county will be in-kind, such as provision of the site. Chapman told the Boards that commitment now is just the preparation of the grant application. Councilwoman Michael moved to approve the transportation development plan as presented and to authorize Curt Stewart and Duane Fengel to apply for capital grants application subject to approvals of Lois Butterbaugh and Tom Okin; seconded by Com~iss£on~r Child Councilwoman Michael suggested when the grant application is done to set a study session so the Boards have some ideas of the financing. Karen Smith introduced the new town planner for Snowmass Village, who stated they would like to be~some part of the process for this and to generate a cohesive transportation plan for the county. All in favor, motion carried. 2. A-95 Review: Training for the City and Regional Planning Commission. Karen Smith, planning director, recommended this program. Commissioner Kinsley moved to approve with favorable comment; seconded by Councilwoman Michael. All in favor, motion carried. 3. Rio Grande Proposal. Phobe Ryerson showed the Boards views of the Aspen area, des- cribed the various pieces of property, pointed out various building, passed out drawings Rio Grande and presented a model of a performing arts center with multiple facility wraparound. Ms. proposal Ryerson proposed the theatre will sit in the lowest segment of the valley floer, 65 feet below Main street with a no larger footprint than Clark's Market. This facility should have a major theatre with an enlarged more efficient library facility, a communications center, underground parking lot, Olympic pool, bowling alley, disco. On an abOv~ floor, bermed in, would be volleyball courts, cafeteria, banquet hall, and kitchen. A child care center and play spaces would top the building. There can be the addition of a floor devoted to theatre workshops and apartments or dorm room. Ms. Ryerson said she would like to have a chance to work on this next year and would like appointments with officials to nail down specific data from the city and county files. Ms. Ryerson said before she presented this for a Voters' referendum, she would like official sponsorship or a public opinion poll. Ms. Ryerson said she would like a map showing all the publicly owned land in Pitkin County. Councilman Behrendt pointed out for the City the next six years will be devoted to energies for the Wheeler Opera House. Three years will be the time to start on this; there are limits to time the staff has. Mayor Edel said Council would refer this to City Manager Chapman and County Manager Ochs for direction; Ms. Ryerson should start with staff and see where it goes from there. Councilmembers Collins and Parry came into Chambers. COUNCIL MEETING MINUTES There were none. CITIZEN PARTICIPATION 1. Ellen Anderson pointed out that Colorado Revised Statutes 1978 has a paragraph saying treatment of mobile homes is an exclusive matter of state concern. No home rule city can impose licenses that are not applied to regular homes. City Attorney Stock told Council said the city's regulations had been drawn from those of an expert that the county commissioner hired. Stock said he would go over this, and would recommend the $25 inspection fee be eliminated if there is no special provisions. iAir pollution 2. Esther Beamer notified the Council that last week was one of the worSt weeks for pollution in the City and was the deepest she had ever seen. Ms. Beamer invited Council to come to her home and check the pollution. 3. Bernie. Pracko reminded Council he had come before Council to annex a lot into the W.H.O.P. city and asked if there was any dissenting member of the Council who would vote to place recc~sideration this issue on the next Council meeting to get more facts. Councilman Isaac moved to have W.H.O.P. property rezoning and annexation put on the next agenda; seconded by Councilman Parry. All in favor, motion carried. AD HOC COMMITTEE RE: ASPEN INSTITUTE The Committee consisted of Jeri Fox, Kris Marsh, Howie Mallor, Edgar Stern, Gideon Kaufma~ Aspen Tom Richardson, Mike Strang, Si Smith, and Whip Jones. Also present was City's co-counsel Institute Alan Merson. Mayor Edel reminded the group that the day after Council acted, they went back to the Institute for negotiations. Mayor Edel welcomed the new approach to resolve the problem. The Council hoped the Institute would have come back to the city; they have not. Mayor Edel stated the Council will listen to the proposal and discussion; this will be referred back to staff. Gideon Kaufman told Council this group has come to understand the nature of the problem and to understand way a simple solution is impossible. Kaufman said this group was formed without preconceptions and has not taken sides. The committee understand this is a difficult issue. Kaufman pointed out because of the conflict, it is hard to look at it directly. They hoped that a group like this, representing a large segment of the community, might be able to look at this from the outside and come up with ideas acceptable to the city and Institute. Kaufman said the group attempted to look at both sides and to idehtify the problem area and make the gaps smaller. The group has made progress; however, there are some gaps left. Kaufman asked the Council to give them some sort of direction. This group has worked hard. If the Council thinks the proposal has merit and want to work on it, the group will do this. If the Council feels the group is wasting time, they would like to know that. Kaufman emphasized this group is offering services not as a binding mediator or arbitrators. Tom Richardson told Council the group has tried to come up with a compromise acceptable to both sides. The proposal is not new, but has been altered in hopes the city and Insitute can get together. The seven parts to the proposal are; (1) density, (2) use, (3) Chamber commitment, (4) zoning, (5) dedication of land, (6) intent of the Institute, and (7) termination of the lawsuit. Richardson pointed out the Institute originally requested 350 units; they are recommending total units of 299, of which 92 are existing bedrooms, 135 new bedrooms, 38 new faculty bedroom and 34 new employee bedrooms. The use will be primarily conference use only with two exceptions; employee housing, and accessory use for tourists on a 40 per cent quarterly allocation. Richardson told Council the Chamber would commit to booking conferences. They feel it would be easy for the Chamber to keep the facility on a non-tourist type use. On the zoning, they are suggesting 1/3 of the land ~e zoned conservation; 1/3 of land land be academic, and 1/3 of the land conference-housing. For the dedication of land, the Institute could dedicate lands around the Music tent area for parking and buffer, also a buffer zone between the new facilities and the West end residences. As far as the intent of the Institute, the group feels they want to r~main in Aspen and to use the facilities for Institute use. Richardson said regarding the lawsuit, even when you win you lose. The city'staff is busy; this will take hours of time and cost a lot of money. Si Smith said the group realizes the solution is not just a proposal; it is now it is communicated. The group feels it is important to take the burden off the Council and the Institute. The Ad Hoc committee is willing to take the initiative to develop a paral timetable to talk to Council, to talk to the Institute. In the proposal, a suggested timetable and process was submitted. The committee has met with representatives of the Council, met with the city attorney and with Alan Merson. The committee has constantly had conversations individually with representatives of the Institute. The next step was to meet with each side and present the proposal. Smith told Council if they obtain approval in principle of the proposal and procedure, they would obtain approval in princi- ple from the Institute. They would proceed to the next step. Councilman Behrendt asked what would happen to the Physics Institute. Kris Marsh said the would be part of the dedication of land like the M.A.A. Councilman Behrendt asked what this proposal did to the M.A.A. Edgar Stern told Council the M.A.A. had a 99 year lease and is a good lease. The lease does not afford the M.A.A any protection from the encroach ment from the community. The M.A.A. feels uneasy because of the building increasing on the tent and the ambient noise level. Stern said the M.A.A. would like to make improve- ments to the tent. Stern said he hoped for a declaration of open space sufficient to protect the music. Kaufman said the proposal of 1/3, 1/3, 1/3 encumbent in that 1/3 was the intention to make sure the open space is beneficial to the M.A.A. and the Physics building. The committee would like to see to it that the M.A.A., Physics Institute and West End are all taken care of. ~equ~ar ~eeslnq Aspen City Council December 17, 1979 Councilman Behrendt said there is to be some assurance to Council if they give zoning which allows construction to occur, there will be enough for R. O. Anderson to be paid off Aspen and there will be sufficient reserves adequate to handling the Institute in the future so Institute that Council is assured they get something for what they give. Mike Strang said the question of intent is ~he crux of alot of problems. Strang told Council he had conversa- tions with the Institute staff and with Mr. Anderson, and the Institute, ldoes not intend to leave Aspen and wants to stay forever. The Institute wants to keep their summer executive seminars here. They are willing to give this in w~iting. Monies realized from the bed business would be allocated to the executive programs in Aspen. Strang stated he was satisfied that the intentions of Anderson and the Trustess are of very high quality; they will not sell out to a Club Med or Mar±ott Hotel. Strang agreed the InstitUte should get out of the bed business; however, he feels the Council and the Institute should structure the use of those facilities before any transfer is made so that it will be locked in. Strang said the intent of the Institute is to create an entity to which they can transfer to. They need to have a certain amount of beds in order to generate enough cash to have an endowment that means something. Kaufman said this will have to come in writing in the future, so that if Council accepts it, they will be accepting something concrete. Councilman Behrendt asked what the Chkmber has done for this commitment and how this will get into this document. Jeri Fox told Council the Chamber has been committed to the marketing of meetings; they have exhibited in meeting trade shows all over the U.S., they have advertised in directories aimed at the meeting market, they have hired staff to aide the meeting planner,and increased conference bookings 50 per cent from when they have started. Ms. Fox told Council the staff from the Aspen Meadows does attend shows with the Chamber. A group called the conference connection has been working together to devel- op the conference market. People have upgraded their facilities. Councilman Behrendt asked if 34 employee units was in accordance with staff recommendation! for a development of this size. Ms. Marsh said this was tied to the original recommenda- tion of 60 per cent of employees at the Meadows. The group looked at 34 as a flexible number. Councilman Van Ness stated the question outweighing anything is whether or not giving approval to that proposal at this location, based~ on the ~(~ per cent limitation, is violating the equal protection clause of the U. S. Constitution. Councilman Van Ness said if Council approves this development, will they be required by law to approve similar developments in other areas of town. Alan Merson said he understood Council would like to look this proposal over and discuss it, perhaps in executive session with the staff, and to be able to provide some type of response. If this issue is resolved, it will result in the Institute coming before the Council once again. This is an opportunity to consider a new approach. Council will hav~ to look at this proposal very closely. Kaufman said the group feels, if this is to go forward, there be some kind of direct contact between Council and the Ad Hoc committee. Bil Dunaway asked if what would be done about the question of exemption from the growth management plan. Si Smith said they were concerned that whatever evolves has to protect the city. Councilman Collins asked if the tourist operation was more profitable than the conference operation. Howie Mallory said he did not think so. Mallory said the most profitable operation is where you have to lease amount of turnover. Councilman Collins said he had heard the opposite. Mayor Edel pointed out the 40 per cent restriction is based on 40 per cent of the 227 unit which yields 92 units. Si Smith said he understood a restriction was important to Council inorder to preserve the special use plan under the growth management plan. Smith noted their definition of unit is the city's definition, Which is bedrooms. A trustee house is 3 units. Councilman Isaac asked if Council continued with this group is there a problem jeopardizing the lawsuit. Merson said in a psychological sense, there might be. Merson said he felt it was possible to have two separate tracks without problem. The litigation is proceeding and taking its course. Merson said his concern was that the city does have a public responsibility to treat all comers alike. The Council cannot make special deals. At this point, a group of citizens that are concerned come before Council because they see some room for manuvering that might be acceptable. The procedure here is to have Council discuss this and give feedback to the group; at this point, there is no jeopardy to the lawsuit. Councilwoman Michael moved that the Council set a date before January 1 to meet in execu- tive session with attorneys to discuss an agreement on general principles; seconded by Councilman Parry. Councilwoman Michael added at that time the Council has to decide exactly how to communicate. All in favor, motion carried. Council set the executive session for Tuesday, December 18, at 8 a.m. (Councilwoman Michael left the Chambers) COUNCILMEMBER COMMENTS 1. Councilman Van Ness brought up the FBI investigations and said he understood the investigations centered on corruption at city hall including elected and other officials. Councilman Van Ness said one of the major allegations was that City Council requires $5,000 payment in order to get a liquor license. Councilman Van Ness said with seven people on Council makes it bribe proof. Another area was that the Council had a policy to the police not to enforce the drug laws, which is without basis and fact. Another allegation was that the city was making unauthorized private loans to city employees to finance drug deals. Councilman Van Ness said these allegations are pure fiction. meeting with Alan Schwartz on the Plum Tree Inn. 2. Mayor Edel requested an executive Council set the meeting for WedneSday, December 19 at noon after the condominium policy Pl%ml Tree Inn meeting. 3. Mayor Edel asked about the Lodge owners report on the condomiuniumization of lodges. Lodge Planner Karen Smith told Council a meeting was set with the lodging association for 1:30 condc~iniumization p.m. on Wednesday, December 19th. LIQUOR LICENSE RENEWALS Councilman Behrendt moved to approve the renewals for Galena Street East; Plum Tree Inn, and Clark's Market; seconded by Councilman Parry. All in favor, motion carried. SPECIAL EVENT PERMITS - Aspen Center for the Visual Arts Special Event Councilman Parry moved to approve the special event permits for January 12, and February Permit -VAC 2, 1980; seconded by Councilman Collins. All in favor, motion carried. LIQUOR LICENSE TRANSFER - Paradise Theatre Mayor Edel reminded Council this is where Rick's American Cafe was and Council had a four Liquor License hour meeting with the owners, who said they would pay off the people. Now they are gone, transfer and the people are not paid off. Ashley Anderson told Council they had to evict the Paradise formers owners and are suing them for back rent. Abe Siani sold this space to Hans Theatre Cantrup, who is leasing it to David Moss. Mayor Ed~l said it annoyed him that people come into the community, rip off the community, and split. Councilman Van Ness pointed out the Council does not have the legal authority to require a former license holder to pay off debts as condition of a transfer of a license. Councilman Van Ness said the Council does have the power to require payment of utility bills before the transfer. Anderson stated his position was that the city should not be in any different position than any other unsecure creditor; however, they were willing to pay it. Councilman Parry moved to approve the transfer of Paradise Theatre; seconded by Councilmaz Behrendt. Councilman Isaac asked what type of operation this would be. David Moss told Council said they would have an improved operation and would turn it into a full'fledged restaurant. They will have live music with less big names. Bob Jacobs said they db not have a valid building permit. Tom Dunlop told Council he needed approved plans to be submitted. Councilman Parry amended his motion to approve this condition upon Dunlop and Jacobs' approval; seconded by Councilman Behrendt. All in favor, motion carried. REQUEST FOR ENCROACHMENT - Michi's sign P~=quest for Brigitte Farr told Council everything about this sign was improved except that it is encroachment encroaching in the city right-of-way. Council has approved these with a license to Michi's encroach stating they must remove the sign on City's request; they must maintain it, and they must indemnify the city. Msl Farr showed drawings of the sign, that it encroaches 3-1/2 feet into the public right-of-way. City Engineer asked if this sign interfered with the pedestrian traffic. Ms. Farr said no~ Councilman Van Ness moved to direct the city attorney to prepare a proper encroachment agreement; seconded by Councilman Parry. Councilman Behrendt said traditionally the city has not done this. Councilman Behrendt said he did not agree with the aesthetic of this. If it is flush with the building, it would be okay. Councilman Van Ness said it is in the city.!s best interest that a restaurant operation succeed and a sign is particularly important in this location. All in favor, with the exception of Mayor Edel and Councilman Behrendt. Motion carried. VENDING REQUEST - Cocoa-Haus Vending Request Neil Ellenoff sh~Wed council a picture of his Cocoa-Haus, which he has two built in Cocoa-haus Denver. Ellenoff said he would build one just to dispense hot chooolate from and would like to have it located on the Hyman street mall. Ellenoff said he felt the necessity to get hot chocolate was important. Councilman Behrendt suggested private property just off the mall. Mayor Edel said the question is whether Council wants to allow this on the mall at all. City Engineer McArthur said if this were on the mall, they would have to have water and electric service and they would have to bury the water line. Ellenoff told Council the building is entirely self-contained, the electricity would have to be provided from where it was located. Dunlop told Council the electric department said it is not feasible to tap off one of the antique lights. Councilman Behrendt pointed out that Peppermint Patti has to stay off the mall and has to stay mobile. Every single mall commission recommended against something of this type. Councilman Isaac moved to deny this request; seconded by Councilman Van Ness. Ellenoff said the cart passed the building department and Re felt it would satisfy the HPC requirements. Councilman Van Ness stated what is really involved is that the Council has never before allowed somebody to set something up in the mall. That has been the policy and once you start, where do you stop. All in favor, motion carried. VENDING REQUEST - Chesnuts vending Request Rick Crabtree told Council his proposal was for no fixed unit on city property and does ~ C~esnuts not require electricity or water. Crabtree said he would operate only during daylight hours, initially during the winter months. Crabtree said he felt people enjoyed eating hot, roasted chestnuts. Councilman Parry said there are spaces around that are on privat, property that should be pursued further. Councilman Isaac said he felt there would be shells all over. Crabtree said he would be responsible for this and would periodically polic~ the area and to maintain the area. Councilman Parry pointed out when people come to Council with request like this, owners of property along the street complain because they are paying rent. _.-~ ............ ~ ~F~ ~zuy ~unc~± December 17, 1979 Councilman Behrendt moved to deny this request; seconded by Councilman Isaac. All in favor, motion carried. AFFIRMATION FOR AUDIT FI~ Ms. Butterbaugh told Council~that the auditors will be coming up to Council to explain Audit this. Councilman Isaac asked if the city was getting more than one bid. Ms. Butterbaugh reminded Council they had interviewed six firms, and based their decision that as long as the firm picked was meeting the needs of the city, they would be permitted to continue on a year-to-year basis up to five years. Mayor Edel suggested the city manager discuss this and look at other requests with Ms. Butterbaugh. VISUAL ARTS CENTER LEASE Jay Hammond, engineering department, told Council the problems arising because there is no formal lease and there is no formal action as to who is responsible for maintenance Visual Arts and upksep of the building. Hammond said he is ready to do the final inspection and need lcenter lease to have a determination. In August 27, the ~inutes say the VAC will pick up all operatin costs. Mayor Edel said there has been no change in Council position and to proceed as directed before. SUBDIVISION EXEMPTION - Frisby Sunny Vann, planning office, is a triplex located on East Durant, a Victorian residence with a one-bedroom and studio unit apartments. The Victorian and one bedroom have been Subdivision owner-occupied for 10 years; the studio rents for $300. The engineering deparment Exemption recommends approval with new submission of the survey plat incorporating omitted items. Frisby The owner has to agree to install 30 feet of new sidewalk. The city attorney recommends approval with the six month minimum lease restriction. The housing director feels, that although the studio is outside the housing price guidelines, it is definitely part of the housing pool and should be subject to five year rental restriction. The planning office recommends approval conditioned upon notice and occupance, six month minimum lease five-year rental restriction on the studio, and the applicant complying with the recommen dations of the city engineer. P & Z concurred with the recommendations except for the five-year rental restrictions. Gideon Kaufman~ told Council P & Z felt the city had guidelines which are specific and the rent for the studio is well above the guidelines and should not be included in the low, moderate and middle income housing. Councilman Isaac moved to approve the Frisby subdivision exemption as per Sunn~ Vann's recommendation without the 5 year rental restrictions; seconded by Councilman Parry. Councilman Behrendt asked how the applicant feels about the curb and gutter agreement and other engineering requirements. Kaufman said the technical items will be taken care of before the plat is filed. Engineer McArthur said there is enough sidewalk on the block that he feels a sidewalk should be included. All in favor, motion carried. SUBDIVISION EXEMPTION - Pedersen Richard Grice, planning office, told Council this is presently one unit with an intent Subdivision to add a second unit. The proposal is to condominiumize the two unit~ located on Lake Exemption Avenue. Grice pointed out the one unit is historically used by the owner; the second Pedersen unit does not exist. These units do not enter into low moderate and middle incbme housin tabled pool. The engineering department recommended approval subject to 6 technical changes; city attorney recommended approval subject to the six month minimum lease. Councilman Isaac pointed out this came up as WPW subdivision and said he thought these were approved for single family dwelling units only. Council put this off until the end of the section for staff to check the files. SUBDIVISION EXEMPTION - Eubank Sunny Vann explained to Council this subdivision exemption and the next, Molny, are essentially the same. The applicant had two lots on Hyman Avenue, for which he requested Subdivision and received a subdivision exemption to redefine the property lines to put it into two Exemption equal lots parallel to the street. Two duplexes were constructed on these lots, and EubankkND they are requesting subdivision exemption for both. In the Eubank exemption, the appli- cant has resided in one side since construction, and has rented the other side in excess of the housing price guidelines. Since a plat was not received, the engineering depart- ment recommends denial of exemption but recommends approval of subidivison exception so that a final plat be filed. City Attorney Stock recommends the property be subject to six month rental lease restrictions. Vann told Council the planning office recommends denial of the exemption and grants subdivision exception from the whole subdivision review. P & Z concurred with this recommendation with the six month lease restriction. StoCk told Council that exception is a shorter subdivision process; exemption is a statement that the application is not a subdivision at all. Requiring an exception, in this case, the final plat goes directly to Council after conceptual at P & Z. Ashley Anderson, representing the applicant, stated he agreed with this as what they want to end up with is a final recorded plat. Councilman Behrendt moved to approve the plannin~ department recommendations on both Molny Eubank and Molny subject to their study of the past history of the property; seconded by Councilman Parry. All in favor, motion carried. This motion includes the six engineering comments and the six month minimum lease restriction. SUBDIVISION EXEMPTION - Roosen '!Subdivision Sunny Vann, plannin office, told Council this duplex seeking condominiumization through .!exer~ption exemption is located on West Alta Vista Drive. The rental rates currently and have iRoosen historically exceeded the housing pool. The engineering department recommends approval subject to a number of conditions and the applicant agreeing to enter into a sidewalk district. The attorney comments that the units should be conditioned upon six month minimum lease and notice and option provision. The planning office recommends approval subject to those conditions; P & Z concurred. Councilman Behrendt moved to approve the Roosen subdivision exemption according to the November 29, 1979 memorandum; seconded by Councilman Parry. All in favor, motion carried~ SUBDIVISION EXEMPTION - Pedersen Grice told Council that the motion to have these remain single family was defeated. Subdivision However, in the conditions for approval, the owners are to seek individually historic ex~mption designation for the structures. Grice said there is no reference to going before HPC. Pedersen Mayor Edel requested that staff give this item more attention before Council votes on it. FINAL PLAT APPROVAL - Herndon Subdivision Final Subdivision Grice told Council this is final plat approval for 44,000 square feet in the R-6 zone Herndon at the end of Frances street overlookin Castle Creek with an existing house. The request is to put a line through the property to create a second building site. Grice said this application is made under a growth management exemption allowing for a second building site provided it is restricted to single family residence. Both the engineering department and planning department have reviewed this and found that all conditions have been met since conceptual. Grice pointed out there are two quit claim deed needed for the western boundary. Councilman Parry moved to approve final plat for the Herndon Subdivision; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #81, SERIES OF 1979 - Electric Appropriation Ordinance Ord. 81, Councilman Isaac moved to read Ordinance #81, Series of 1979; seconded by Councilman Appropriation Parry. All in favor, motion carried. Electric fund ORDINANCE #81 (Series of 1979) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE ELECTRIC FUND IN THE AMOUNT OF $140,277 FROM UNAPPROPRIATED REVENUES AND $55,723 FROM PRIOR YEAR SURPLUS; APPROPIRATE EXENPDITURES OF $196,000 FOR PURCHASED POWER; AND DECIJ~RING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT was read by the city clerk. Councilman Isaac moved to adopt Ordinance #81, Series of 1979, on second reading; seconded by Councilman Parry. Ms. Butterbaugh explained this is due to increased rates from public service. The city is loosing ground in their revenues and will be back for a rate increase. Because of increased cost, there have been more revenues but the city has had to pay out more. Roll call vote; Councilmembers Behrendt, aye; Isaac, aye; Collins, aye; Parry, aye; Van Ness, aye; Michael, aye; Mayor Edel, aye. Motion carried. CITY MANAGER 1. KSNO Building. City Manager Chapman told Council KSNO offered to donate their build- ing to the city prior to the end of this year. They agreed to pay the city rent of $750 Donation to per month to the maximum of $4,000. Chapman said if Council wants to accept the donation city K~NO he would need a motion, and he would bring a~lease back to Council. Chapman pointed out building the building would have to be moved or demolished at the beginning of building season. City Engineer McArthur said the parks department would have use for this building out at the golf course. Mayor Edel said if they would pay ~he city $4,000, would the city wind up with the same problem of setting it up and costing more. Ms. Butterbaugh said there is no money budgeted for this. Councilman Behrendt pointed out the space at the golf course is open space and the city keeps putting more things on it. Councilman Behrendt said he did not see that this benefitted the city a lot, and this would also preclude the P & Z decision of allowing the building at the golf course. Chapman suggested finding a use for the building and then accepting the donation and the rent money. If Council decides not to move the building, it can be demolished. Councilman Van Ness said before accepting the donation, the city should have a definite use for it. Mayor Edel said unless the staff determines a use and the P & Z goes along with it, then Council is not interested. · 2. Mill Street Lighting. McArthur reminded Council they had asked for a break down on costs for lighting on Mill street on antique lights versus standard highway poles. Mill street McArthur showed the closest pole he could fine resembling what is already in the city, lighting which costs $2995 just for the pole. The antique lights are $3150 per pole, and at least 12 poles are needed. The regular aluminimum 30 foot pole cost about $738 per pole. McArthur said he had not seen the pole resembling the city's, which is made in Mexico and weighs only 100 pounds. The engineering department figures $8856 for lighting on Mill street; the antique lights would cost $39,000. The $27,000 difference would mean eliminating four streets of paving in the downtown. Councilwoman Michael said she was concerned that the area have enough lighting. McArthur said he could use high pressure sodium or mercury vapor lamps on any of the examples. Councilman Parry asked about the money from the interest on the bonds invested. Ms. Butterbaugh said she had not calculated the interest through the end of the year. Council- man Parry Said this is a very visual street and gets a tremendous amount of traffic. If there is a way to do this with interest money and'put off some sidewalk work, Council- man Parry said he would like to do it with antique lights. Councilman Van Ness agreed he would like go with antique lights. Although the cost savings appear to be substantial on the others, Councilman Van Ness said he felt they would be replaced often. Councilman Behrendt moved to go with antique lights ~1; seconded by Councilman Parry. Councilman Collins asked the installation costs. McArthur said they were basically the same for all the lights, it is a matter of bringing power to the pole. Ail ~n favOr, with the exception of Councilman Collins and Isaac. Motion carried. Mayor Edel pointed out the lighting on the east side of town is really bad. Councilwoman Michael asked about a long term lightin plan. McArthur said he was working on a five year capital improvement program, streets, lights, water, etc. ORDINANCE #82, SERIES OF 1979 - New Occupancy and Density City Attorney Stock told Council this ordinance is a recommendation of a committee that Ord. 82, 1979 worked on this. Item #4 would set 9 Square feet per occupant for dance floors and occupancy/density drinking establishments (stand-up bars). Dining rooms and sit-down bars will remain at 15 square feet per person. The 9 square feet is a compromise recommendation of the committee. Councilman Parry asked about ramps for the handicapped. Stock said that existing structures prior to the 1976 UBC adopted in 1977 do not have to have ramps or elevators. Bob Jacobs, fire marshal, objected to this ordinance as he felt it would increase the occupant load substantially. Mayor Edel said this ordinance should go back to staff and committee for another thought. Councilman Behrendt moved to table; seconded by Councilman Parry. All in favor, with the exception of Councilman Van Ness. Motion carried. Councilman Collins said he would like to see comparisons with the UPC and these. ORDINANCE ~83, SERIES OF 1979 - Board of Appeals & Examiners City Attorney Stock told Council this was to amend the Code, Section 7-22(b) regarding Ord. 83, 1979 the Board of Examiners and Appeals. This Board gives tests to contractors, reviews Board of Appeals licenses and is the appeals board for decisions made by the building inspector on UBC. This board ~requires licensed architects, contractors, engineers, etc. It has gotten to the point where those people no longer reside in the city and it is impossible to get members. This amendment to the code would make no restriction on the members except that they reside in the city of Aspen for two year. Councilman Behrendt moved to read Ordinance 983, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #83 (Series of 1979) AN ORDINANCE REPEALING AND REENACTING SECTION 7-22(b) OF THE ASPEN MUNICIPAL CODE PROVIDING THAT PERSONS APPOINTED TO THE BOARD OF APPEALS AND EXAMINERS SHALL HAVE BEEN QUALIFIED ELECTORS AND RESIDENTS OF THE CITY FOR AT LEAST TWO (2) YEARS was read by the city clerk. Councilman Behrendt moved to adopt on first reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Michael, aye; Behrendt, aye; Van Ness, aye; Collins, aye; Parry, aye; Isaac, aye; Mayor Edel, aye. Motion carried. ORDINANCE 984, SERIES OF 1979 - Extension from Growth Management Plan Deadline City Attorney Stock said this ordinance, if adopted, will grant extension to Hans Cantrup for his free market units. This allows Council, on shoWing of good cause~ to grant the extenSion from the GMP deadline. Ord. 84, 1979 6~PDeadline Councilman Isaac moved to read Ordinance #84, Series of 1979; seconded by Councilwoman extension Michael. All in favor, motion carried. ORDINANCE ~84 (Series of 1979) AN ORDINANCE AMENDING SECTION 24-10.7(a) OF THE ASPEN MUNICIPAL CODE PROVIDING THAT THE ASPEN CITY COUNCIL MAY GRANT AN EXTENSION OF TIME IN WHICH TO SECURE A BUILDING PERMIT TO APPLICANTS WHO HAVE BEEN AWARDED ALLOTMENTS UNDER THE GROWTH MANAGEMENT PLAN was read by the city clerk Councilman Behrendt moved to adopt Ordinance ~84, Series of 1979, on first reading; seconded by Councilman Parry. (Councilman Van Ness left Chambers). Councilman Isaac said he felt this leaves it too open and too arbitrary. Stock pointed out it is at Council's sole discretion. E~en if the applicant has good cause, Council does not have to grant this. No one has a right to this; one cannot apply due process becuase they do not have right to expect an extension. If~there was a right to rely on an extension, a denial would bring a law suit. ~=~u~ ~u~9 aspen ~l~y .... ~ounc~± ...... DecemDer 17, 1979 ....... Planning Director Karen Smith told Council the original intent of the deadline was that someone would not use up the free market allocations and never build the units, taking up allocation from someone else who might apply. Ms. Smith said this would change with the housing overly. Councilman Parry pointed Out the city is after employee Units, not free ~P Deadline market units. Mayor Edel Said they had to build the employee units within two years or ~extension lose right to build anything. Don Ensign suggested the ordinance might be changed to ~denied say "building permit applied for" rather than "secured" as getting a building permit is a complicated process. Mayor Edel said he would like more input from staff on this. Roll call vote; Councilme~bers Parry, aye; Collins, nay; Behrendt, aye; Isaac, aye; Michael, nay; ~Mayor Edel, nay. Motion NOT carried. ORDINANCE #85, SERIES OF 1979 - Printing Plant as Accessory Use in C-1 Zone City Attorney Stock told Council the operators of a mailing type business went to P & Z recently. As a sideline he has a printing press. The business is located in the C-1 Ord. 85, 1979 district. The building inspector determined the manufacturing facility was an S/C/I Printing plant use. Councilman Behrendt asked what the staff said about the fire danger from this type in C-1 facility in the C-1 district, and requested Bob Jacobs comments before second reading. Councilman Behrendt moved to read Ordinance #85, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #85 (Series of 1979) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE ASPEN MUNICIPAL CODE BY TEE ADDITION OF A PRINTING PLAT AS ACCESSORY TO PERMITTED USE AS A CONDITIONAL USE IN THE C-1 ZONE DISTRICT was read by the city clerk Councilman Isaac moved to adopt Ordinance ~85, Series of 1979, on first reading subject to Jacobs' review; seconded by Councilman Behrendt. Roll call vote; Councilmembers Parry, aye; Michael, aye; Isaac~ aye; Behrendt, aye; Mayor Edel, aye. Motion carried. ORDINANCE #86, SERIES OF 1979 - Wheeler Opera House Commission City Attorney Stock told Council the Commission has some power and authority but Council Ord. 86, 1979 will be the final decision makers. This is drafted to make the co~mission temporary so Wheeler Opera that the members need not be city residents. The commission will advertise for and House review bids for architectural, engineering and construction services. They will recommend to Council to whom the bid should be awarded. Councilman Behrendt pointed out the Councilmembers on the commission do not vote. Mayor Edel said he felt that was appropriate as Councilmember should not be dictating to them. Councilwoman Michael asked why appoint a citizen commission and overload it with Councilmembers. Councilwoman Michael moved to read Ordinance #86, Series of 1979; seconded by Councilman Parry. All in favor, with the exception of Councilman Behrendt. Motion carried. ORDINANCE #86 (Series of 1979) AN ORDINANCE ESTABLISHING THE WHEELER OPERA HOUSE RENOVATION COMMISSION; DESCRIBING THE COMPOSITION OF THE COMMISSION; THE TERMS AND QUALIFICATIONS OF ITS MEMBERS; LISTING THE POWERS AND DUTIES OF THE COMMISSION, AND PRESCRIBING GENERAL RULES OF PROCEDURE FOR THE COMMISSION was read by the city clerk Councilman Parry moved to adopt Ordinance #86, Series of 1979, on first reading; seconded by Councilwoman Michael. City Engineer McArthur said he had no problems with the commission advertising and reviewing bids. He did have a problem with the construction services; when the Visual Arts Center was built, there was a committee on the job and the ehgineering department was trying to run the job. McArthur said during construction, he did not feel the committee should be involved. Ms. Smith agreed this project cannot proceed on prompt and efficient course of action if it is design by committee. Once plans are~ adopted, the engineering department should be allowed to handle the construction. Councilman Parry moved to amend Ordinance #86, Series of 1979, by deleting section 3(b) and deleting construction from 3(a); seconded by Councilwoman Michael. Councilman Collins asked why there were no residency requirements for the commission members. Mayor Edel said he felt this was of such importance and is for the entire valle~ the commission should not be limited to city residents only. Roll call vote; Councilmembers Isaac, aye; Collins, nay; Parry, aye; Behrendt, nay; Michael, aye; Mayor Edel, aye. Motion carried. ORDINANCE #87, SERIES OF 1979 Solid Waste~ Ordinance Ord. 87, 1979 EnvirOnmental Health Officer Tom Dunlop told Council he has been running into trouble with Solid Waste the red tag program initiated a couple of years ago. When Dunlop finds a violation of ~ the solid waste ordinance, it is cited, then he goes back 24 hours later. Dunlop stated he has not been able to catch them as frequently as possible. In the winter, the trash gets buried. Dunlop wants to change the ordinance so that a citizen with garbage strewn about would be a public health hazard. If it is construction materials, it will be access blockage or blocking right'of-way. Trash next to a building could be declared a fire hazard. Any of these would require immediate clean up rather than waiting 24 hours. The resident will be billed $25 by the city after city crews clean up the trash. Dunlop stated he is looking for a more expedient manner to get the downtown cleaned up. ~egu±ar Meeulng Aspen ~lEy ~ouncl± ~ecemDer ±/, Councilman Parry moved to read Ordinance ~87, Series of 1979; seconded by Councilman Isaac. All in favor, motion carried. ORDINANCE #87 (Series of 1979) AN ORDINANCE REPEALING AND REENACTING SECTIONS 10-11 AND 10-13 OF THE ASPEN MUNICIPAL CODE PROVIDING AN IMMEDIATE CLEAN-UP PROVISION FOR VIOLATIONS WHICH ARE DETERMINED TO BE IMMEDIATE PUBLIC HEALTH DANGERS, FIRE HAZARDS OR ACCESS BLOCKAGES AND THAT THE COSTS INCURRED FOR THESE CLEAN-UPS SHALL BE CHARGED ON THE WATER BILL OF THE OWNER OR OCCUPANT OF THE PREMISES was read to the city clerk Councilman Isaac moved to adopt Ordinance $87, Series of 1979, on first reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Collins, aye; Michael, aye; Isaac, aye; Parry, aye; Behrendt, aye; Motion carried. Ord. 79, 1979 ORDINANCE #79, SERIES OF 1979 - Marolt Annexation and rezoning Marolt Ms. Smith told Council they were bringing this back to Council because of further dis- Annexation & cussions with the applicant and staff. This is for annexation and zoning for 35 acres rezoning west of Castle Creek, and the applicant has agreed that the application for annexation proceed with a recommendation for zoning at R-15A PUD/SPA. PUD necessary to allow cluste~ ing, SPA necessary so that multi-family units can be done; R-15A is recommended so that without the housing overlay, they will be required to do 50 per cent employee housing. The planning office recommends this and at second reading an annexation agreement with a list of conditions will be submitted. These conditions come from P & Z and planning officer. Ms. Smith outlined the conditions for the R-15A/PUD/SPA zone. The development plan pro- viding at least 70 per cent of the units~ to be deed restricted employee housing units; the development plan being designed to the maximum extent to increase clustering, maxi- mize open space, and reduce intrusion into environmentally sensitive areas. They have dropped the condition there be a maximum of 100 units, recognizing that the R-15 A district with PUD will define the number of units. At best calculations now, it is 111 units without the reduction of Opal Marolt's parcel of 5 acres. If this is subtracted, it will substantially reduce the number of units. The intent of both planning office and applicant is to process this under the housing overlay. This will allow a doubling of that number of units. The applicant is willing to commit to the maximum of 125 units but would like the opportunity to present a development plan and to go through the process of creating that plan. Ms. Smith told Council the planning office has come to a compromise and agrees with the applicant. The third condition of the annexation agreement is that the parties are aware that final authorization of the housing overlay Will not be made until January 14th. The parties agree in anticipation of that process being approved, a development plan will be reviewed through that process. The fourth condition, the applicant will attempt to plan for adequate for road alignment within the development plan. The fifth condition is that the applicant will assure during its phase of the development, dwelling units will become available for occupancy in 70/30 split, 70 per cent being employee housing. The sixth condition relates to the two year time period; if application for building permit is not made within two year time period, the approval Will lapse. The Council may then rezone the property back to an appropriate zone. There is assurance for good cause shown, the applicant may come in for an extension. The last condition drops the p~ohibition~agai~st the Elk~s~as neither'Council n~r the~applicant were inclined to pur~ue this; however, if something breaks they would like the opportunity to bring it back to Council. Councilman Isaac asked if there were elk on the property. Ms. Smith said their maps showed the primary habitat being on the east side of Castle Creek and south of the water plant. The Division of Wildlife commented there would be no intrusion at the water plant site, and Opal Marolt property is farther away. ..Another condition is that the city would agree to cooperate with Ms. Marolt in any attempt to organizae municipal financing programs as long as the city incurs no liability on such programs. Ms. Smith recommended adoption on first reading and the second reading be held January 28th, at which time the public hearing will be held. Richie Cummins asked Council what would happen if the units are built and they do not sell. Cummins pointes out the SPA overlay allows Council to vary the density. If the Council zones it R-30, they will maintain control as to what the developer could do. The developer could go to the bank with R-30 zoning, rather than opening the door with a very dense zone. Don Ensign pointed out most of the units will be rental rather than sale. Ms. Smith said this would be determined during the housing overlay process. It looks lik~ right now the major need of the county is rental rather than sales units. The developer does intend to do a mixed projects. Ms. Smith reminded Council the applicant is willing to put a maximum of 125 units on,the project. The calculations of the planning office is 111 units with no overlay and without subtracting Marolt's 5 acre parcel. If the 5 acre parcel is subtracted, it comes down to 86 units. The housing overlay would give them the potential to double the density, and they have offered a 125 maximum units to mitigate Council's concern over that. Councilman Isaac moved to read Ordinance $79, Series of 1979; seconded by Councilwoman Michael. All in favor, with the exception of Councilman Behrendt. Motion carried. ORDINANCE #79 (Series of 1979) AN ORDINANCE ANNEXING A TRACT OF LAND KNOWN AS THE OPAL MAROLT PROPERTY LOCATED IN PITKIN COUNTY, COLORADO, WHICH ANNEXATION IS ACCOMPliSHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the city clerk. aspen u~y uounc~± December ±/, ±~/~ Councilwoman Michael moved to adopt Ordinance 979, Series of 1979, on first reading; seconded by Councilman Parry. Councilwoman Michael pointed out this employee portion of the project is a project with Council has looked to. There is no such thing as a perfect project. Councilman ~ehrendt said he was questioning the overall density in that particular section of the city. Roll call vote; Councilmembers Isaac, aye; Michael, aye; Collins, nay; Behrendt, nay; Parry, aye; Mayor Edel, aye. Motion carried. ORDINANCE #88, SERIES OF 1979 - Excavation Permit Fees Ord. 88, 1979 E~avation Fees City Engineer McArthur told Council the engineering department is working with fees that were prices adopted three construction seasons,ago. There is a problem with inflation due to materials. These prices are based on last season including a 10 and 20 percent increase for the next two years. McArthur told Council the contractors have the engineering department do the excavation ~eplacement because the costs are so law. Councilman Behrendt moved to read Ordinance #88, Series of 1979; seconded by Councilwoman Michael. All in favor, motion carried. ORDINANCE #88 (Ser~es of 1979) AN ORDINANCE REPEALING AND REENACTING SECTION 19-49 OF THE ASPEN MUNICIPAL CODE PROVIDING NEW FEES FOR EXCAVATION PERMITS AND PAVEMENT REPLACEMENT was read by the city clerk Councilwoman Michael moved to adopt Ordinance 988, Series of 1979, on first ~eading; seconded by Councilman Behrendt. Roll call vote; Councilmembers Collins, aye; Parry, aye; Michael, aye; Behrendt, aye; Mayor Edel, aye. Motion carried. RESOLUTION #23, SERIES OF 1979 - Budget Transfers Councilman Behrendt moved to read Resolution #23, Series of 1979; seconded by Councilman Collins. All in favor, motion carried. R~so. 23, 1979 Budget RESOLUTION #23 transfers (Series of 1979) Pursuantit~ Section 9.12(d) of the Home Rule Charter of the City of Aspen and upon request of the City Manager, the appropriations of the General Fund bdget are hereby reallocated within the General Fund as follows: Revenues Increase Decrease Towing $15,000 Pitkin County - Little Annie 7,500 - Housing Study 7,500 CETA 11,000 Recreation Fees $41,000 $41,000 $41,000 Expenditures Towing $17,000 Planning - Little Annie 15,000 Recreation Fees $52,000 Finance-CETA Salaries 11,000 ~ity Manager - changes in personnel 9,000 ~$52,000 $52,000 was read by the city clerk Councilman Behrendt moved to adopt Resolution 923, Series of 1979; seconded by Council- woman Michael. All in favor, motion carried. ORDINANCE #89, SERIES OF 1979 - General Obligation Bonds for Employee housing. Councilman Behrendt~moved to read Ordinance: #89, Series of 1979; seconded by Councilman Ord. 89, 1979 Parry. All in favor, motion carried. setting election for ORDINANCE 989 g.o. bonds (Series of 1979) for employee ~ housing AN ORDINANCE CONCERNING TWO QUESTIONS TO BE SUBMITTED TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUN%CIPAL ELECTION TO BE HELD ON TUESDAY, THE 26TH DAY OF FEBRUARY, 1980; DIRECTING THAT THE QUESTION BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY FOR APPROVING OR REJECTING A PROPOSED AMENDMENT TO SECTION 10.5 OF THE CHARTER OF THE CITY OF ASPEN RELATING TO THE ISSUANCE OF REVENUE BONDS PAYABLE FROM THE PROCEEDS OF THE REAL ESTATE TRANSFER TAX OF THE CITY, AND THE QUESTION OF ISSUEING GENERAL OBLIGATION PUBLIC HOUSING BONDS IN THE PRINCIPAL AMOUNT NOT EXCEEDING $4,000,000; SETTING FORTH THE PROPOSED AMENDMENT AND THE BALLOT QUESTIONS; PROVIDING FOR THE PRECINCT AND POLLING PLACE; AND SETTING FORTH OTHER DETAILS IN REGARD TO SUCH ELECTION; AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE was reac by the city clerk. 2796 Regular Meeting Aspen City Council December 17, 1979 Councilman Behrendt moved to adopt Ordinance ~89, Series of 1979, on first reading; seconded by Councilwoman Michael. Roll call vote; Councilmembers Parry, aye; Behrendt, aye; Isaac, aye; Michael, aye; Collins, aye~ Mayor Edel, aye. Motion carried. Councilman Parry moved to adjourn at 9:00 p.m.; seconded by Councilman Isaac. All in favor, motion carried. Kathryn ~.' Koch, City Clerk