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HomeMy WebLinkAboutminutes.council.19740722 Meeting was called to order by Mayor Stacy Standley at 5:10 p.m. with Councilmember Ramona Markalunas, Jenifer Pedersen, Jack Walls, Pete DeGregorio, City Attorney Sandra Stuller and City Manager Dr. Philip Mahoney. MINUTES Councilwoman Pedersen moved to approve the minutes of July 8, 1974 as prepared and mailed by the City Clerk. Seconded by Councilman Walls. All in favor, motion carried. CITIZEN PARTICIPATION Parking Mr. Bob Sterling submitted the proposal for under the street parking in written form. Request Council review the proposal and this item appear on the next regular meeting agenda. Mr. Jim Moran, representing Mountainedge submitted petition and two plats for annex- Annexation ation. Request Resolution from Council stating the petition is in compliance with Mountainedge the municipal annexation act of 1965. Procedures before the P & Z cannot continue until such time as the petition for annexation has been filed with the City Council. Submissions have not been reviewed by the Engineering Department or Planning Depart- ment. Petition contains the signature of one of the three landowners which is all that is required. Remaining landowners will be signing at a later date. Councilman Walls moved to consider the annexation petition and maps on the agenda. Seconded by Councilwoman Markalunas. All in favor except for Councilwoman Pedersen who voted nay. Motion carried. Councilman Walls moved to instruct the City Attorney to prepare a resolution for Council consideration at the next meeting. Seconded by Councilwoman Markalunas. Councilman Michael Behrendt arrived. All in favor, motion carried. Mall Complaint Mr. Pete Stone was present and complained to Council about the noise in the malls during the evening and late at night hours. Mr. Ralph Melville endorsed Mr. Stone's complaint and further stated people do move out of the lodges adjacent to the down- town area due to the noise. City Manager to check with the Police Department on additional patrol for the malls. COUNCILMEMBER COMMENTS Mayor Standley reported correspondence has been received from Mr. Pizzgalli that information will be sent on a number of possibilities in a few weeks. Busses Councilman DeGregorio reported that from the bus rider reports, the number of riders in the evening hours is very minimal. Recommend the City Manager and Transportation manager take whatever action necessary to cut costs . Councilman Behrendt stated the pump in Bass Park has not been on all summer. It was Bass Park pointed out the pump has been stolen. Council request the City Manager take what action necessary to correct the problem of large hole remaining where pump was installed Councilwoman Pedersen questioned what is being done about the antique lights. Manager Antique Ligh s reported they have started installing same. Planner Stanford stated the Planning Department will be submitting a report showing where the lights will be placed. Main Street will come first, Mall area second and adjacent to the core area will be third. Councilwoman Pedersen reminded all Councilmembers the meeting on the hospital Hospital District district will be held on August 5th and encourage all Councilmembers to attend. Councilwoman Pedersen request a sign be placed in the vicinity of the bridge on Signing Mill Street showing the route to the hospital. People missing turn and taking Gibson Avenue. LECABARET, BEER, WINE & LIQUOR APPLICATION LeCabaret,Liquor Mayor Standley opened the public hearing. ~'City Clerk reported the file was in order, application meets the state and local regulations for new application. Attorney Leonard Oates was present representing the applicants. Mr. Oates gave the backgrounds on all of the stockholders, stated the operation would be a first class type dinner-theatre operation. Applicants are investing $225,000 into the project, operation will occupy 36% of the building, facility will be used during off seasons for community theatre. Petitions were submitted bearing approximately 800 signatures, limited to residents of the community, which Mr. Oates stated shows that the needs of the neighborhood have not been met. Applicants stated the facility provides for 144 seating, bar area 27 seats with 8 stools at the bar. The bar area will be used by those people waiting to enter the dining area. There being no further comments, Mayor Standley closed the public hearing. Councilwoman Pedersen moved to approve a beer, wine and spirituous liquor license for LeCabaret. Seconded by Councilman Walls. All in favor, motion carried. SOUPER - BEER & WINE APPLICATION Mayor Standley opened the public hearing. City Clerk reported the file was in Souper, Beer,Wine order, application meets the state and local regulations for new application. Attorney Marty Kahn was present representing the applicant. Stated the restaurant has been opened for a couple of weeks, intent is to have a low key operation, not to become a bar type of operation. The bar will be ancillary to the food operation. Menu was submitted. Petition bearing approximately 400 signatures was submitted which Mr. Kahn stated shows that the needs of the community have not been met. Petition signed by local residents only. Mr. Kahn stated he had witnesses available to testify that the needs have not been met, but would not take Council's time unless Council so desired. Applicants social security number was submitted ~492- 46-2108. Council questioned whether the applicant would be seeking a mall extention. Mr. Kahn stated he did not believe so. Councilman Behrendt stated his concern that~ this remain a restaurant and not become another tavern, also the trend that beer and wine licenses become full liquor licenses at a later date. Councilman DeGregorio stated he would like to request~a rider be attached to the license that would not allow them to construct a bar. There being no further comments, Mayor Standley closed the public hearing. Councilman DeGregorio moved to approve a beer and wine license to Souper. Seconded by Councilman Walls. Councilman DeGregorio stated he will consider at renewal time whether a bar has been constructed or not. ~ All in favor, motion carried. ORDINANCE 925, SERIES OF 1974 Mayor Standley opened the public hearing. City Attorney Stuller informed Council final subdivision plat is not ready at this time for Council consideration. Applicant stated he has received preliminary and PUD approval from the P & Z. Final plat is now ready for P & Z approval. Because of option considerations on the land, request approval of the annexation prior to the end of July. There being no further comments, Mayor Standley closed the public hearing. ORDINANCE #27, SERIES OF 1974 'Ord. #27,Bidding Mayor Standley opened the public hearing. City Manager Mahoney submitted memo to Council outlining management problems with the ordinance. Procedures as established by the ordinance would be time consuming, preclude small operators from bidding, prevent flexibility on the part of the City to do their own construction projects. Request Council table consideration at this time and City Attorney and City Manager work out solutions to the above stated problems. City Attorney Stuller stated the state law says all public improvements must go for bid. The ordinance as prepared gives the Council more prerogatives. There being no further comments, Mayor Standley closed the public hearing. Councilman Walls moved to table consideration of Ordinance ~27, Series of 1974 at this ti me Seconded by Councilwoman Markalunas. All in favor, motion carried.· ORDINANCE ~14, SERIES OF 1974 Ord. ~14,Anne~ Woerndle Councilwoman Markalunas stated she would like to see the final subdivision plat prior to annexation. Councilman DeGregorio moved to read Ordinance ~14, Series of 1974 on second reading. Seconded by Councilman Walls. All in favor except Councilwoman Pedersen who abstained. Motion carried. ORDINANCE %14, SERIES OF 1974, AN ORDINANCE ANNEXING A TRACT OF LAND OWNED BY ANTON AND ILSE WOERNDLE CONSISTING OF 3.16 ACRES MORE OR LESS; ANNEXING THE SAME PURSUANT TO THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by ~itle by the City Clerk. Councilman DeGregorio moved to adopt Ordinance #14, Series of 1974. Seconded by Councilman Walls. Roll call vote - Councilmembers Markalunas aye; Pedersen abstain; Behrendt aye; Walls aye; DeGregorio aye; Mayor Standley aye. Motion carried. Ord.#24,Vacat. ORDINANCE ~24, SERIES OF 1974 ing,Woerndle Councilman DeGregorio moved to read Ordinance %24, Series of 1974 on second reading. · Seconded by Councilwoman. Markalunas. All in favor, motion carried. ORDINANCE %24, SERIES OF 1974, AN ORDINANCE VACATING ANY PLATTED OR DESIGNATED PUBLIC STREETS, ALLEYS, LANES, PARKWAYS, AVENUES, ROADS OR OTHER PUBLIC WAYS WITHIN THAT TRACT KNOWN AS THE WOERNDLE ANNEXATION TO THE CITY OF ASPEN, COLORADO was read by title by the City Clerk. Councilman Behrendt moved to adopt Ordinance #24, Series of 1974 on second reading. Seconded by Councilman Walls. Roll call vote - Councilmembers DeGregorlo aye; Walls aye; Behrendt aye; Pedersen abstain; Markalunas aye; Mayor Standley aye. Motion carried. Ord.#25, ORDINANCE %25, SERIES OF 1974 Woerndle Re- zoning Councilman DeGregorio moved to read Ordinance #25, Series of 1974 on second reading. Seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE %25, SERIES OF 1974, AN ORDINANCE REZONING THAT TRACT KNOWN AS THE WOERNDLE ANNEXATION TO R-15 PUD, PLANNED UNIT DEVELOPMENT was read by title by the City Clerk. Councilman DeGregorio moved to adopt Ordinance ~25, Series of 1974 on second reading. Seconded by Councilwoman Markalunas. Roll call vote - Councilmembers Markalunas aye; Pedersen abstain; Behrendt aye; Walls aye; DeGregorio aye; Mayor Standley aye. Motion. Carried. AUDIT SUBMISSION - ALEXANDER GRANT & COMPANY Audit Representative stated the City experienced same problems in 1973 as in 1972 - lack of finance director for number of months, lack of monthly statements. The general fund budget for 1973 included a definict. Error occurred at the time of preparing the 1973 budget when it was assumed there would be a carry over. Expenditures of some accounts exceeded budgeted amounts, total revenue was not exceeded. It was stated by the auditors, they are not pleased with the format of the 1974 budget, suggest a change be made back to the old format following the uniform chart of accounts for the 1975 budget. PUBLIC SERVICE RATE INCREASE Public Servic~ Rate Increase Representatives pointed out Aspen is one of 7 wholesale customers of Public Service. Request from Council a resolution accepting proposed 20% increase to expedite Public Service hearing procedure. Councilmembers stated their concern of passing the increase onto the customers and/or citizens of Aspen. Larry Simmons, City Economist stated at the present time the City is absorbing 40% of the costs. Further stated the increase being requested is independent of fuel cost adjustments which are up 10% over last year and are allewed to be increased under the agreement with Public Service. Mr. Simmons stated Council should be aware that alot of the increase is growth cost and the question is whether Aspen should protest the growth cost. Public Service Company officials could not make any guarantees as to when they may return to request another increase. Council stated they were not in favor of passing a resolution, but would oppose the increase at the hearing. Amer.Theatre AMERICAN THEATRE FUND REQUEST Fund Request It was reported they would return at budget time on this request~ STEVENS ANNEXATION Stevens Annex ~ouncilwoman Markalunas moved to table this item till the next meeting because of delays in the Planning and Zoning Commission agenda. Seconded by Councilman Walls. All in favor, motion carried. PTARMIGAN LEASE Ptarmigan Lease Additional word changes were submitted by the Wiegner Group. Ptarmigan Lease City Attorney explained, of the amendments submitted, two were not agreeable to her. Section 3.6 relating to automatic renewals upon default by the City to respond where damage occures to the premises. Other section is 12.11 whereby they are requesting arbitration by another body or court following appeal to City Council. Mr. Graham stated they would be Willing to accept any reasonable time limit for the City to respond under Section 3.6. Councilman DeGregorio moved to adopt the wording as it is and put in 90 days. Seconded by Councilman Behrendt. All in favor except for Councilwoman Pedersen who voted nay. Motion carried. Section 7.5 was discussed as relates to paragraphs (a) and (b) being consistent. Councilman DeGregorio moved the City accept one year. Seconded by Councilman Behrendt. All in favor, motion carried. Section 7.6 was discussed as relates to the rental insurance and whose responsibility this should be. It was agreed by Mr. Graham they would assume this expense and Mr. Graham's misunderstanding of the provision that the lease termaintes at such time as total destruction of the building occurs and City does not rebuild, was cleared up. Section 12.11. The following statement was made by Mr. Graham as their request: "We have an understanding that we will not make transfers for four years. After four years we can make transfers under certain terms and conditions. We have to get consent, consent won't be withheld except for reasonable cause which is a normal provision. And, if the City Manager in our opinion is unreasonable, he says okay you can appeal to the City Council. And if the City Council is equally unreasonable, then we're out. Which in affect negates the whole point of having reasonable cause. Somewhere along the line we should have the right to go to an arbitrator and say we're being unfairly treated there is no reasonable cause at all in this case, give us our rights. We go to an independent body who is not involved in this thing directly and we present our position as to why we think your being unreasonable. You present your position as to why you think your being reasonable and a decision is made. That is all we are asking for, we don't think this is unfair at all." Mayor Standley stated he had agreed to this because if Council is the arbitrator, the City will be arbitrating with themselves. 'City Attorney Pointed out under arbitration the arbitrator looks to the face of the agreement and the problem really arises in that it is impossible to anticipate what Council's will come up with in the future as reasonable causes, therefore, could not be arbitrated since they would not be included in the contract. Appeal was agreed to previously, not arbitration. FranchiSe and affiliations with franchise operations was discussed. Mr. Graham stated they had no objection to a clause to exclude affiliation with franchise operations without approval. Councilman DeGregorio moved to approve Section 12.11 as they have changed it and to include clause relating to franchise and affiliations. Seconded by Councilwoman Markalunas. All in favor except for Councilmembers Pedersen and Behrendt who voted nay. Motion carried. Councilwoman Markalunas moved to reconsider previous approval of lease motion. Seconded by Councilman DeGregorio. All in favor, except for Councilwoman Pedersen who voted nay. Motion carried. Councilwoman Markalunas moved to approve the lease as drafted to the Number Two Main Corporation and as amended this date. Seconded by Councilman DeGregorio. All in favor except for Councilwoman Pedersen who voted nay. Motion carried. Mrs. Walter Paepcke stated her disappointment with the City in leaseing to the Number Two Main Corporation, feel the facility should have gone to MAA and other groups who help in supporting the community. MAIL DELIVERY Mail City Manager reported he had assured, mail delivery would be in effect in September. TRANSPORTATION DEPARTMENT FUNDING Councilman Behrendt moved to ratify preliminary approval given at the City/County Funding,Transp. meeting relating to the funding proposed by this department. Seconded by Dept. Councilwoman Markalunas. All in favor, motion carried. CITY/COUNTY PLANNER City Manager Mahoney reported he had appointed John Stanford to be the City/County Planner Planner. No additional funding will be required. 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That the budgeted transfer be reduced by $40,000, 2. That it be resolved that the Urban Design Study not be undertaken, 3. That $10,000 be appropriated within the funds available in the Electric Enterprise Fund for the Holy Cross Acquisition Investigation. was read in full by the City Attorney. Councilman Walls moVed to adopt Resolution #24, Series of 1974. Seconded by Councilwoman Markalunas. All in favor, motion carried. RESOLUTION #21, SERIES OF 1974 Councilman ~Gregorio moved to read Resolution #21, Series of 1974. Seconded by Councilman Walls. All in favor, motion carried. RESOLUTION #21 Res. 921 Henry SERIES 1974 Stein WHEREAS, the Aspen City Council has taken note that Henry Stein, at his expense and on his own initiative, has placed statuary for public enjoyment on the corner of Mill and Hyman Streets in the City of Aspen, and WHEREAS, the City Council wishes to make known of record its appreciation for the same, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF ASPEN, COLORADO: That Henry Stein by, and hereby is, commended for his donation hereinabove described, and that the appreciation of the City Council be hereby made of record was read in full by the City Clerk. Councilwoman Pedersen moved to adopt Resolution 921, Series of 1974. Seconded by Councilman Walls. All in favor, motion carried. ' RESOLUTION #22, SERIES OF 1974 - Councilwoman Pedersen moved to read Resolution #22, Series of 1974. Seconded by Councilwoman Markalunas. All in favor, motion carried. RESOLUTION 922 SERIES 1974 Res. #22 Minimum Stream Flow WHEREAS, the Aspen City Council by action taken at its July 8, 1974, meeting has advised its counsel to withdraw the City of Aspen as a party protestant from the Twin Lakes Litigation, more specifically, Actions No. W-1869 and W-1901 in the District Court in and for Water District No. 5, and WHEREAS, such withdrawl was based on reasons other than the important state and local objectives sought to be accomplished by protesting the Twin Lakes applications for change of use, and the City Council wishes to restate its commitment to the idea of minimum stream flows for Colorado rivers and their tributaries, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, CO LORADO: That the Aspen City Council restates and makes known its continuing support for the maintenance of minimum stream flows for Colorado rivers and tributaries and does hereby make the same of record and pledge its continuing support for programs in support of minimum stream flows. was read in full by the City Clerk Councilwoman Markalunas moved to adopt Resolution 922, Series of 1974. Seconded by Councilwoman Pedersen. All in favor except Councilman DeGregorio who voted nay. Motion carried. RESOLUTION #23, SERIES OF 1974 - Councilwoman Pedersen moved to read Resolution 923, Series of 1974. Seconded by Councilwoman Markalunas. All in favor, motion carried ~es. #23 NWCCOG RESOLUTION #23 SERIES 1974 WHEREAS, the City of Aspen and County of Pitkin are participating members in the Northwest Colorado Council of Governments (hereinafter referred to as NWCCOG, and WHEREAS, the representatives of said City and County have observed that applicants for A-95 Review and other approvals have attempted to bypass local governments and apply directly to the NWCCOG, and WHEREAS, the NWCCOG now requires comments by interested local governments before A-95 applications will be processed, and Regular Meeting Aspen City Council July 22, 1974 NWCCOG WHEREAS, applicants for said funding have and will continue to experience difficulty in reaching local governments in a timely fashion unless access ~hereto is improved for this purpose, and WHEREAS, the local governments of Pitkin County have appointed resource committees to make an assessment of needs and opportunities which might be applicable to the community and will become part of the regional plan of Reglon 12; NOW, THEREFORE, BE IT JOINTLY RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO: 1. That the City Council of the City of Aspen and the Board of County Commissioners of Pitkin County do hereby organize themselves into the local Clearinghouse for the purpose of considering all federal and state activities which may be planned for said City and County and for the purpose of forwarding comments to the NWCCOG in connection with A-95 review and otherwise, said local Clearinghouse to continue from the date of this Resolution until thirty days after receipt of notice of withdrawal therefrom by either party. 2. That the foregoing parties shall be regular members of said Clearinghouse inasmuch as they are the only local general - purpose governments in Pitkin County. 3. That various special - purpose governments and quasi-governmental organizations exist in the County whose advice should be solicited on a regular basis and that a need exists to create non-funding associate memberships for the purpose of encouraging regular attendance at meetings of said local Clearinghouse and for the purpose of providing access of local general- purpose governments to the technical comment and teohnical assistance which such associate members may have. 4. That said local Clearinghouse shall be conducted by joint meeting by the regular members at least monthly in lieu of one of their regular separate meetings or in addition thereto, which meetings shall be held no later than one week before the regular scheduled meeting of the NWCCOG. 5. That each regular member shall have an opportunity during said local Clearinghouse meetings to canvass the members of each entity and caucus separately, if necessary, with a view to the forwarding of separate comments approved by a majority of each, where joint comment is inapprop- riate or impossible. 6. That failing majority comment on the part of any entity, separate comments by the members thereof shall be forwarded to the NWCCOG. 7. That the three resource committees, namely the Human Resource, Economic Resource, and Environmental Resource Committees, now working are assigned to the Cleringhouse and shall report to the Clearinghouse for the forwarding of comment to NWCCOG. 8. That the Chairman of the local Clearinghouse shall alternate monthly between a member of the Board of County Commissioners and a member of the City Council of the City of Aspen, the function of said Chairman to be to conduct meetings with dispatch. 9. That the Clerk and Recorder of Pitkin County shall temporarily act as the secretary for the local Clearinghouse in handling distribution and record-keeping functions. 10. That said organization shall not have any assessments unless the parties shall from time to time otherwise agree and that the administrative functions, if any, thereof shall be conducted through an Executive Committee composed of the County Manager, City Manager, and Chairman of said local Clearinghouse, which Executive Committee shall have no authority other than to make necessary arrangements for meetings; preparation of agenda, trans- mittal of comments and such other functions as shall be specifically delegated to it by both regular members at the local Clearinghouse meetings. 11. That the Executive Committee is hereby directed to advise the following bodies that their application for Associate Membership will be considered favorably if submitted within thirty days from the date hereof: The Bureau of Land Management The State Department of Fish and Game The United States Forest Service The Board of Education of Aspen Valley School Distrcit RE-1 The Board of Education of the Roaring Fork School District The City of Basalt Colorado-Ute Electric Association Holy Cross Electric Association Rocky Mountain Natural Gas Company Aspen Fire Protection District Aspen Metropolitan Sanitation District Aspen Sanitation District Aspen Wildcat Water and Sanitation District Basalt and Rural Fire Protection District Basalt Sanitation District Basalt Water Conservancy District Carbondale and Rural Fire Protection District Colorado River Water Conservation District Highlands Water and Sanitation District Redstone Water and Sanitation District Snowmass Water and Sanitation District Snowmass Wildcat Fire Protection District West Divide Water Conservancy District White Horse Springs Water and Sanitation District and any other entity eligible for federal aid subject to A-95 review. !160,6 Regular Meeting Aspen CitY Council July 22, 1974 12. And that the Executive Committee shall forthwith, upon adoption INWCCOG of this Resolution by both the Board of County Commissioners of Pitkin County and the Aspen City Council, forward a copy hereof to the NWCCOG, the State Division of Planning, the State Department of Local Affairs, John Berningham, Environment Counsel t° the Governor, and to each of those invited to Associate Membership as listed above, and to the local press. was read in full by the City Attorney. Councilwoman Markalunas moved to adopt Resolution ~23, Series of 1974. Seconded by Councilman DeGregorio. All in favor, motion carried. ORDINANCES 928 & #29, SERIES OF 1974 - City Attorney reported these were submitted for Council review at this time. ORDINANCE #28, SERIES OF 1974 Councilman Behrendt moved to read Ordinance #28, Series of 1974 on first reading. Seconded by Councilwoman Markalunas. All in favor, motion carried. ORDINANCE #28, SERIES OF 1974, AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED Ord. #28, Recall REGISTERED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, OCTOBER 1, 1974, A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY PROVIDING THAT IN THE EVENT OF RECALL OF THE MAYOR OR CITY COUNCILMAN THE VACANCY CREAT ED BE FILLED BY ELECTION was read by title by the City Clerk. Councilman DeGregorio moved to adopt Ordinance ~28, Series of 1974 on first reading. Seconded by Councilman Behrendt. Roll call vote - Councilmembers Markalunas aye; Behrendt aye; Walls aye; DeGregorio aye; Pedersen aye; Mayor Standley aye. Motion carried. Councilman Walls moved to adjourn at 9:25 p.m., seconded by Councilman DeGregorio. All in favor, meeting adjourned to Tuesday , July 23, 1974, 5:00 p.m. ~ ~. Lor 'ne ~ ' s, ' y rk July 23, 1974 Adjourned Meeting Aspen City Council Meeting reconvened at 5:00 p.m. by Mayor Stacy Standley with Councilmembers Ramona Markalunas, Jenifer Pedersen, Pete DeGregorio and City Attorney Sandra Stuller present. ORDINANCE ~32, SERIES OF 1974. Councilwoman Pedersen moved to read Ordinance #32, Series of 1974 on second reading. Seconded by Councilwoman Marklaunas. All in favor, motion carried. ORDINANCE #32, SERIES OF 1974, AN ORDINANCE EXTENDING THE PROVISION OF ORDINANCE Ord. #32, Extend-! 19, SERIES OF 1973, (AND AMENDMENTS THERETO) UNTIL OCTOBER 31, 1974, AND DECLARING lng Ord. #19 THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT THEREOF was read by title by the City Clerk. Councilwoman Pedersen moved to adopt Ordinance ~32, Seires of 1974. Seconded by Councilman DeGregorio. Roll call vote - Councilmembers DeGregorio aye; Pedersen aye; Markalunas aye; Mayor Standley aye. Motion carried. Councilwoman Pedersen moved to adjourn at 5:10 p.m., seconded by Councilman DeGregorio. All in favor, meeting adjourned. ~__~L~rraine Graves7 City Clerk