Loading...
HomeMy WebLinkAboutminutes.council.19710301 Meeting Was called to order by Mayor Eve Homeyer at 5:00 p.m. with Councilmen Edwin Vare, William Comcowich, Ross Griffin, Jack Walls, Francis Whitaker and City Attorney Albert Kern. Petition Petition - City Clerk Graves reported the following facts concerning the status of the petition: petition as submitted had 194 signatures; 159 required signatures; 7 signatures outside City Limits; 16 signatures still unclarified; 171 qualified signatures. Petition ~'~ does meet the required number of signatures. City Manager Wurl arrived. Attorney City Attorney reported he had received a letter from the Attorney General's office which General's states: (1) that under section 3-9-1, CRS 1963, as amended, he is not permitted to give an Opinion official opinion to officers of municipal governments; (2) states there are two arguments and there are good arguments on both sides. Councilmmn Scott arrived. Councilman Whitaker stated he did not agree with the intent of the petition, but the right of the petitioners should not be treated lightly. If this is denied, the City could be taken to court and would hate to have the court decide against the City. If the City can submit the matter of the revenue bonds a month before the May election, the City will save one month interest~n the $3,700,000.00 City Attorney Kern informed the City Council the two resolutions submitted (call for special election on revenue bonds #3; call for special election on the petition ~) should be considered at the same time. Councilmmn Whitaker moved that Resolution #3 be read. Seconded by Councilman Vare. City Attorney Kern stated "by Constitution the City Council calls for a special election, a special election can be held no less than 30 days f~om the date of the call for an election. April 6th would be the earlisst date for that election. If the Council will be voting in favor of the calling for this special election on the matter of the revenue bonds should include on the ballot the question of the change in election date. I do want to point out for Council's consideration with regard tO the petition for a special election for a charter amendment involving the changing of the date for the regular election. If Council did not choose to call for a special election and we went to court there could be two alternatives. Either they are entitled to a special election or, no, they are not. If it was determined yes, they were entitled to a special election. I don't know when we would h~ve that special election,.it could be heard by the court very shortly or it may get even closer to the election date set by the Charter. If the court decided they were not entitled to a special election, there is no question that the Charter amendment would have to be determined at the general election May 4th, the same date you would be electing Councilmen and Mayor. This would, of course, have the effect of candidates running not knowing how long their terms would be." Roll eall vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried~ Resolution #3 Resolution #3, Series of 1971, Charter Amendment #1 was read in fully as follows, by the Revenue Bonds City Clerk: RESOLUTION NO. 3 Series of 1971 A RESOLUTION SUBMITTING TO A VOTE OF THE QUALIFIED REGISTERED ELECTORS OF THE CITY OF ASPEN, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 6, 1971, A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY, CONCERNING SECTION 10.5 RELATING TO REVENUE BONDS WHEREAS, the City Council of the City of Aspen, Colorado, has determined that it is necessary and advisable to submit to the qualified registered electors of the City, a proposal to amend'the Charter of, the City relating to Section 10.5 and revenue bonds, and that such proposed Charter Amendments be submitted at a Special Municipal Election to be held on Tuesday, April 6, 1971, in the City of Aspen; and THEREFORE, BE IT RESOLVED BY THE CITY COUNDIL OF THE CITY OF ASPEN, COLORADO: Section 1: That at the Special Municipal Election to be held in the City of Aspen, Colorado, on Tuesday, the 6th day of Aspril, 1971, there shall be submitted to a vote of the qualified, registered, electors of the City a proposed amendment to the Charter, of the City concerning Section 10.5 thereof, relating to revenue bonds of the City, as set forth below and Rs is more particularly stated in the form of Ballot label, and Notice of Election hereinafter set forth. FORM OF QUESTION QUESTION SUBMITTED: Shall the Charter of the City of Aspen, Colorado, be amended by the addition of a new paragraph under Section 10.5 (Revenue B6nds) as follows: The City shall, in addition, have the authority to issue revenue bonds, without the requirement of an election, payable from the revenue or income of the system, utility er or project to be constructed or installed with the proceeds of the bond issue, or payable in whole or in part from the available proceeds of a municipal ~es or use tax, or from the proceeds received by the City from the imposition of a sales or use tax by the State of Colorado, or any agency thereof. Such bonds shall not be con- sidered a debt or general obligation of the City, and shall not be included as part of the indebtedness of the City for purposes of determining any debt limitation therecf. Section 2: Those qualified, registered electors of the City who are qualified to vote under the Constitution and the Charter of the City of Aspen, shall bellowed to vote on the proposed amendment to the City Charter. Section 3: The election on the proposed Charter Amendment will be held at the following polling places within the established precincts between the hours of 7 A.M. and 7: P.M., on April 6, 1971, in th~ City of Aspen, Colorado: POLLING PLACE Precinct 1 - St. Mary's Catholic Church, 533 East Main Street Precinct 2 = Aspen Intermediate. School, 110 East Hallm Precinct 3 - Mountain Rescue Building, '632 West Main Street Section 4: The election on the proposed amendment to the City Charter shall be conducted by the j~dges and clerks who shall be designated by the City Clerk with the approval of the City Council of the City of Aspen. Section 5: The provisions for registration of electors and for voting by absentee ballot on the question of the Charter Amendment, shall be in accordance with ~the Colorado Municipal Election Law. Section 6: The votes at said election, except those cast by absentted voters, shall be registered on voting machines, at least one of which shall be located at each of the polling places. In said voting machines, the ballot label shall read a.s follows: FOR AGAINST Shall the Charter of the City of Aspen, Colorado, be amended by the addition of a new paragraph under Section 10.5 (Revenue Bonds) as follows: The City shall, in addition, have the authority to issue revenue bonds,- without the requirement oran election, payable from the revenue or income of the system, utility or project to be constructed or installed with the proceeds of the bond issue, or payable in whole or in part from the available proceeds of a municipal sales or use tax, or from the proceeds received by .the City from the imposition of a sales or use tax by the State of Colorado, or any agency thereof Such bonds shall not be considered a debt or general obligation of th, City, and shall not be included as part of the indebtedness of the City for purposes of determining any debt limitation thereof. On each such voting machine there shall be counters which will permit the elector to indicate his vote "FOR THE CHARTER AMENDMENT" or '~GAINST THE CHARTER AMENDMENT." There s~all be provided at each polling place two sample ballot labels which shall be arranged in the form of a diagram showing the front of the voting machine as it wil% appear a~ter the official ballot labels are inserted therein for this election. The Judges of Election shall comply strictly with the provisions of the Colorado Municipal Election Code of 1965, as amended, as the same relates to voting machines. The absentee votes cast at said election shall be registered upon paper ballots, which shall contain the same proposition relating to the charter amendment question set forth above, and a space on the ballot which will allow each elector to place a cro~s mmrk (X) opposite the words expressing his or her choice, either "FOR THE CHARTER AMENDMEN or '~GAINST THE CHARTER AMENDMENT." Section 7: The Election on the question of the amendment to the City Charter shal be held and conducted, and the votes cast on the question aforesaid shall be returned and canvassed, and the result declared in the same manner and as nearly as may be provided by law for the return, canvass and the declaration of the result of votes cast at the general election of municipal officers in the City of Aspen. Section 8: Notice of the election on the proposed Charter Amendment shall be published in the Aspen Times, a newspaper published and of general circulation in said City, in the editions of said newspaper dated March 18, 25 and April 1, ~1971, and a copy of such Notice shall be posted at each polling place within the City, at least ten (10) days before the election. The City Clerk is hereby charged with the d~ty of giving such notice. Said Notice shall be in substantially the following form: 1137 ...... ppe~i~l M~t~ng Appen City Counqi! ..... March !~ 1971 PUBLIC NOTICE OF SUBMISSION OF PROPOSED CHARTER AMENDMENT CITY OF ASPEN, COLORADO AT THE SPECIAL MUNICIPAL ELECTION April 6, 1971 PUBLIC NOTICE 1S HEREBY GIVEN, That pursuant to a Resolution of the City Council of the City of Aspen, Colorado, a Special Municipal Election will be held in said City on Tuesday, the 6th day of April, 1971, between the hours of 7~A~ M. and 7 P.M., there will be submitted to the qualified, registered electors of the City, a proposed amendment to the Charter of the City as folloWs~ Shall the Charter of the City of Aspen, Colorado, be amended by the addition of anew paragraph under Section 10.5 (Revenue Bonds) as follows: The City shall, in'addition, have the authority to issue revenue bonds, without the requirement of an election, payable from the revenue or income of the system, utility or project to be constructed or installed with the proceeds of the bond issue, or payable in whole or in part from the available proceeds of a municipal sales or use tax, or from the proceeds received by the City from the imposition of a sales or use tax by the State of Colorado, or any agency thereof. Such bonds shall not be considered a debt or general obligation of the City, and shall not be included as part of the indebtedness of the City for purposes of determining any debt limitation thereof. The election on the propsed amendment to the Charter will ~'e~held at the following polling places, between the hours of 7A.M. and 7 P.M.: POLLING PLACE Precinct 1 - St, Mary's Catholic Church, 533 East Main Street Precinct 2 - Aspen Intermediate School, 110 East Hallam Precinct 3 - Mountain Rescue Building, 632 West Main Street Those electors who are otherwise fully qualified to vote on said question at such election, but who are or will be unable to appear at the pplling place on the date of election, may apply in writing at the office of the City Clerk, at the City,Hall for an absentee ballot, at any time during business hours, on or before the 2nd day of April 1971. The votes'cast shall be recorded on voting machines, except that paper ballots shall be provided for absentee voters, and said~election shall be held, conducted and the returns thereof shall be returned, canvassed and declared, as nearly as may be in the manner pre- scribed by law for the general election of munlcipal~officers. ~Section 9: That if any one or more sections or parts of this Resolution shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate th~ remaining provisions of this Resolution, it being the inten~tion that the various provisions hereof are severable. Councilman Whitaker lmoved to adopt Resolution #~, Series of 1971, Charter Amendment #1. Seconded by Councilman Griffin. Roll call vote - Councilmen Whitaker aye; Wallsyaye; Scot~ aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Resolution #4 Councilman Vare moved to read Resolution #4, Series of 1971, Charter Amendment #2. Seconded Election Date by Councilman Whitaker. Mayor Homeyer read the following statement: "I have prepared this statement today in advance of the Council determination of the validit~ of the petition as sdbmitted and also of the date as to when the special election shall be held. I want no doubt in any mind as to the reasons for my decision to vote for a resubmission to the people of'the value and validity of the May election date. It would be very easy to weary or ignore the continual attack upon the democratic system. However, if our democratic systems cannot be defended every day, even every hour willingly and ~heer- fully then in some offgaurd moment, that system wil go down to the efforts of the cynical the devious and the uncaring. · Because sense has become uncommon, I will vote to resubmit to the people of Aspen on April 6, the reasonableness-, practicality,' legality and right to hold such election the first T~esday after the first Monday in May in the even numbered years and with no attempt, or wish to disenfranchise any lsgally registered voter, t am confident that our citimens will concur and will gladly and affirmatively once-,more go to the polls and reassure those annonymous individuals that our wishes are positive, for the good of citizen~and City alike 1138 Special Meeting Aspen City Council March 1, 1971 Aspen eagerly lloked forward to thr day when she might become eligible for Home R~le status. Home Rule status meant that she couid'~hodse her own rules of operation financial limits, length of terms, number of councilmen, ~orm of government, AND time of municipal election. This election to seek Home Rule passed by a. majority of 190 to 12. The del~gate~ to the charter convention were clearly chosen from a field of 39. In many instances the choice of delegate was extremely clear and at no time was-there even a suggestion of challenge to any of the 21 delegate candidate winners. The convention itself was the best attended of any in the experience of our special counsel. An early problem as to what would constitute a quorum became extremely pedantic because at no session was there ever less than 17 members and that on one occasion only (quorum was set legally at 1~), Generallys, there were at least 19 and often the full delegation was present and voting~ These meetings met two and three times a week for about 60 days. The charter was then adapted by the people after full publication, after League attendance at nearly every meeting, after encouragement of all segments of the City to attend and comment, after broad press coverage. In June, 1970, the Charter passed 205 to 12, a percentage of 1700%. Now, what were the reasons for choosing a May election? First, we wanted a time when most of us were not heavily involved in earing a living or at the very height of either the summer or winter season. That meant either a fall or spring election. An early spring election was out because with the varying date of ~aster so does the end of the winter season vary and it would neither be practical or agreeable to be campaigning, let alone voting too close to the end of a busy winter time. This particular council had a unique experience. We. were all new to the Council. We were forced to operate a full year with an old council's budget. In addition, we had to work with the Regional Service Authority budget for that smme length of time and for which we had no experience. I, for one, got tired of being confronted, lectured, worried and I almost might say abused by the county officials for a set of figures for which I had not the slightest opportunity to establish or change for one solid year. With a May election the new council will come to office with time to comprehend in detail the budgetary problems, establish a policy and have a say'~as t0 how the city funds and expenses will be determined and met. Also, it is not a good idea in my opinion that campaigners for office be writing a budget at the same time. Something will suffer and it might just be the City. There are just so many hours in the day. Campaigning, budget writing and clear thinking all take their toll zn effort and time~ I want the budgeting period to be as free from campaigning pressures as it is possible to make it. Nevertheless, I am going to vote that we resubmit to the electorate once more this questio~ of a spring election, confident that the voters will reaffirm their choice of the con- vention delegates and the charter that they wrote and~subsequently overwhelmingly approved I do this even though the petition backers choose to remain annonymous for whatever reason they may have. I do this even though that of the 195 signatures submitted on the petition only 9? of thos. concerned citizens are concerned enough~to be registered voters. Most of them are elegible to vote, you must understand, but only 97 of them care eno~gh~'to vote to be registered. I do this even though it will cost the City of Aspen another S2,000 unb~d~eted and which may have to be transferred from funds for =tees or irrigation ditches and such other unessential luxuries to restate what has alreay been stated affirmmtively within the past zear becausm there must be no doubt in anyone's mind where the issue is. I vote to ask the people of Aspen, once more to step forward and vote for a May election. If an absentte ballot is necessary be assured it will be available. I vote to resubmit to the people of Aspen even though our City Attorney says the charter as it now stands is clear. I vote to resubmit even though our special counsel says it is clear as to intent. I vote because the Attorney General chooses not to comment either way and because some individuals have chosen to see once more if the democratic system really does work. I know and ~ou know it works but I am willing to see it demonstrated again.~ Therefore, I ask the patient indulgence of the voters in Aspen and request they go once more to the polls and say YES, we want the election in May." Councilman Whitaker made the following comments: "I would like to make a comment that is pertinent to the budget. A large percentage of the budget is pretty well fixed, bond pay- ments, utilities, operating expenses, salaries, the Council really has very little to play with. Last year we lost alot of trees with winter kill, and I~am particularly concerned about the appearance of the City,. so I asked about some money to plant some trees, and there~wasn't one cent in the budget for trees, so we're waiting until this summer to plant trees which died a year ago. That is an example of how important it is for the Council who spends the money to also plan and budget ahead of time." 1,139 ~pecial Meeting Aspen' City Council March 1, 1971 Curtis Baar- '~adam Mayor, you're talking about the democratic process, this is very understandable if you can' be sure that only. bonafide residents vots in. these elections. I believe t,hat too many voters who are probably only transients come in, register, and vote just because they are 32 days in Aspen and 3 months in the State .of Colorado. They are not challenged by anybody and ~they are not real citizens of Aspen." MAYOR Homeyer - "Ail in can say is that we~are just going to have to sell these people on the necessity for a May election. Because it will'upset many many things, For example, because of the Charter web,are discontinuing the office of the City Treasurer and her s~lary is not budgeted for after June because that will be a discontinued office. If she goes on until November, there will be another unbudgeted amount that we will have to meet so something will have to b~ cut out such as trees." Jack Wails "After much deliberation and consideration on my part, I too have decided to vote in favor of resubmitting the question of a spring election date to the electorate at a special election. In line with this decision, I also feel that the question regarding th change in the bonding section of the Charter be also submitted to.the electorate at the same special election. After rereading the Charter certain questions,come to mind, if the election date is change to November. I would like to direct these questions to Albie and Leon, since it seems a good'possibility exists that even another election, concerning Charter changes, must be held. These questions concern #l.,The City Treasurer pay~ that was not budgeted for past May. #2. Section 14.1 Transistion period Article 3 - to be effective at the election May 4, 1971 which dealt with the Mayor and Council. ~3. The June date of organizational meetin for the Council. #4. And again the problem of City budget that has been made up by an old Council, under which a new Council must operate. These questions are not monumental, but they do pose the question as to whether another S2,.000 must be expended to make the necessary changes to back up the first change if the election date is changed. I find it extremely strand that Mr. Shellman, and his-so called annonymous clients, has so little faith in ~our democrmtic process that- they must make changes in our first Charter before it has even had a-changeto be tried for the first time. To be frank I really. question ~their motives. However I am not really a politician in the true sense of the worR, and I didn't seek this City Council seat in our last election for political stature I did seek this seat because I felt motivated to see if I couldn't get s job done in Solving problems plaguing the City hhat have been given .alot of~ ].ip service for a con- siderable length~of time. But instead of spending the maximum ~amount~ of time on problem solving, I find political in.trigues, power plays', back biting which d'epress me no end. As the months have rolled by I have watched a disintergation of the Council as a working unit, but what has disturbed me the most is the toss of time. Anyway, I would also like to:ask the patient indulgence of the voters of Aspen and request they go~ once more to the polls and say, YES, we want the May. election date and show one more that the democratic process does work~." Comcowich "I don't hay e a prepared speech, I am not going to vote in favor of passing this on to the voters. I think there are times when you have to stand up and be counted and I feel this is one of 'tkem. I think it comes down~ to pretty 'much ms was quoted in one of the papers recently, a lack' of good faith that people are dealing with. The Mayor reviewed the Cacts that you all know and I hope~tkis does get~ out 'th the people now. There was a charter convention elected by the citizens of this town, these people dealt with extremely good faith trying to draw ~up a good'cRafter. The Charter wam approved by them and subsequently overhelmingl5 approved by the electorate, Certainly I don't want to prevent anyone from haveing the right to recall petition, I think this is a necessary thing. But there comes a point where the spirit of the law versus the letter of the law, that is important to me. I am well aware that we have an attorney or'two in this community that make their very living playing that game between the spirit of the law and the letter of the law. I object to this and I don't think it is anything to be admired. But I wish that all you people here could have attended the Charter Convention, many of-you did and could have seen how the people who are cast by our super local libs as being ,the people who could not bend, who~ are the close minded people.'~I am talking about the common people in town that sat at tha Charter Convention like Ramona Marka%unas, Mike Gmrrish, Curt Baar and lots of others and sat there in a real good spirit of trying to get a job done and these, the unbending people sat there and time and time again gave on points that they had precommitted ideas om. They backed away from these points for the sake of unity and harmony, they could be persuaded. It occurs to me that you know there is nothing more bigotted than the liberal. That again is another whole story. But I wish 'you could have been there to see how this worked. But we come to a bigger point ~md I think that is a polarization and you know polarization happens from two ends of the poles. Polarization means there are two ends and I think this is what's happening now. I think the people are misreading the feelings of the people'of Aspen and I think-some good is going'to come of this, because there becomes a time somewhere when statesmanship is important. I think we have pretty much reached this point. I think we're going to see this one the Council and see it in the people of the community, because there is a credibility gap being created here. It's fun to talk about the one Nixon has but we have one with this very small, small core of super v~d~eals in this community that are causing a credibility gap. 1140 Special Meeting Aspen City Council March 1, 1971 Now I am an optomist, Jank, ~ sm not like you. I think the Council gets better every month that we have been working and I think there isn't'an'ybo,d~ on the Council 'left that is goimg to take orders from this group that thought thek were going to give them orders at the ~eginning of this term of office'. I think because 'of the credibility of a couple of people running this thing is being called into serious doubt time and time again, and again, this hasn't gotten out to the people and it is a Shame. When I say these things I loose some of my Credibility because I am an adversary. People feel that if these things were r~a.l~ly going on, it would get out into the media. Unfortunat&ly, part of the media is pre-committed here and that is too bad, too. But with competition that is going tO change. For example, certain things that didn't get out to the people. When 'this group tried to dictate going into executive session and canning Jack Walls and me from the R~A, even in Jack Walls absence, that was not done in good faith, that was done secretly. The press knew about it but that never got out to the people, led by this same group. When Mr. Shell man goes and calls a meeting in his office with a r~ajority of the Council for the purpose of firing the City Attorney and this doesn't get out into the press and people in this town, but it will. This word is going to get out. Then we find at the eleventh hour' this same gentleman who pretends to be committed to many of our concepts like opem space, at the eleventh hour, at my absence again, at a meeting, trid very diligently to sabatoge the open space thing by this little maneuver to put off the voting ara meeting. Each time this gentleman does this, his credability takes a .big dip and that is wonderful, so I am not really very upset about that. I think it is ail going to come home. It is interesting to note along this light 'that the only suit that the City Council's gotten into has been initiated by my dear fried, Mr. Shellman. Now we come to the specific point of changing the date of the election. The Mayor has gone over all of that. I think that actually you have a situation where a very small group, a handful, a super-psuedo intellectual feels that the deliberations of the Charter Conventio~ were somehow not up to their scholarly and erudite capabilities. That the people who serve, on this Charter didn't know what they were doing, although it was overwhelmingly 1700% That the democratic process somehow works only when it is to your advantage and if these masses of people in Aspen come up with a deliberation that you don't agree withy 14 people to 11, well then since you're a bright person thmn you take legal steps to go ahead and try and over-ride this overwhelming majority. The people in this town are not going to buy that. That is an archaism, from an early ugly bygone e~aain this town and I submit to you that is from a bygone era. We have turned a corner now and we're not going to be hung up by that. The people in this town are not going to be fooled by that. We on the Council have found that it is the radicals on both sides of the spectrum that are identical, that their motives are the same and none of us buy that and the people of this town aren't to buy that and we have a great lot of work to do and we're not going to be put on by a samll group that thinks that some~hW they are much more brilliant than the rest of us that they think they're go%ng to carry this off. I think it is just going to burr their cause each time they do it. With that I conclude my remarks and simply say it is a master of principal. I must vote against this because it is legal clouding and I won't be any part of it." Griffin - "I just want to mention that I am elected by the citizens of Aspen and by the Constitution they may or may not have the right to have a .special election, we haven't been able to get ananswer of any great worth on that from the State. My only comment on that is that I think if thy wanted to do this in the spring, they should have done it for the first Tuesday after the first Monday in April. That would have solved the problems of possibly having everybody in town and also the budget problem. But I essentially feel that there are 171 citizens that would like' to put this to a vote, where you can all vote on it, and we have no choice but to go along with it and have a special election." Comments were made by people present of why was the petition submitted at this time and why is Council going against the opinions of the City Attorney and Charles Howe's opinion. Concern was raised on why is the Council wasting money on an election that might not be legal. City Attorney K~rn stated that if the City does not call for a special election, this question would have ~o be put on the general election ballot in May. The constitution states that when you have a petition bearing signatures of '5%, it has to be put on the general election ballot. On May 4th, we would also be voting on the bond question. If we wait a month to vote on the bond question, it will cost the City one months interest, $30,000. City Manager Wurl stated the interest costs would not be that much as the City anticipates the bond sale to fall right after the election. The interest will be that amount that would be normally paid if the bonds were closed at this date. -- Mr. Melville stated, as relates to the interest, it will not cost the City any more whether the question is voting on in April or May, the City may ~et a better interest rate if they wait. 1141. Special Meeting ~Aspen City Council March ID 1971 Roll call vote Councilmen Vare aye; C0mcowiclS. nay; Griffin aye; Scott aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Resolution:I) Resolution ~)4, Series of 197i, Charter Amendment :/)2 ,was read in full by the: City Clerk, Series cf 19' 1 1142 Special Meeting Aspen C%ty Council March 1, 1971 Councilman Vare moved to adopt Resolution #4, Series of 1971, Charter Amendment #2. Seconded by Councilman Scott. '' '' Roll call vote - Councilmen Comcowich ma'~;.. Scott aye; Griffin aye; Walls aye, Whitaker aye; Mayor Homeyer aye. Motion car~ried. Transportation Plan - Mr. Herb Bartel reported the transportation committee has met and ?ransportation discussed with a representati, ve of the Alan Vorhees & Associates the outline for the trans Plan porta~iDn gtudy. Also will be proposing a summer tma.nsportaion system of bikewa%~ for the City. Will be submitting this to the different departments of the City, then to 'th~k~rans- portatio~ committee, then to Planning and Zoning and then to Councilf W£1% include in the recommendation that the City purchase a small fleet of bicycles. Open Space Agreements Extension to the original agreement and amendment to the addendum Open Space were submitted. Manager Wurl reported the City was able to negoiate with Tipco the taking Agreements out of the provision that they would receive the interest whether the deal closed or not and also the original agreement called for 1% over the prime rate, the agreement submitted now is the rate of interest being the same amount as the bonds sell for. Councilman Comcowich moved to authorize the Mayor and City Clerk to sign the agreement and amended addendum as submitted. Seconded by Councilman Scott. Roll call vote - Council-; men Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Rubey Park = Mayor Homeyer presented a plan for the planting of flowers in Rubey Park. Rubey Park Plan includes a row for parking of 27 cars and landscaping to be done by various groups who would be responsible for the planting and care. Councilman Scott moved that the Council urge the Planning and Zoning Commission to look favorably upon this plan. Seconded by Councilman Vare. Ail in favor, motion carried. Councilman Griffin moved to go into executive session to interview applicants to fill vacancies on City Boards. Seconded by Councilman Whitaker; All in favor, motion carried. Councilman Scott left Council chambers. Councilman Whita~r moved to reconvene into special session. Seconded by Councilman Vare. Ail in favor, motion carried. Councilman Griffin moved to appoint Mr. Arnold, Mr. Krabacher and Mr. Herron to the Board Board of Examiners and Appeals and Mr. Patterson be appointed to the Board of Zoning Appointments Adjustment to replace Mr. Albright. Seconded by Councilman Whitaker. Ail in favor, motion carried. Councilman Whitaker moved to appyint Mr. Kock× f~ a two year term on the Board of Examiners and Appeals. Seconded by Councilman Walls. Ail in favor, motion carried. Councilman Whitaker moved to advertise for a plumber to fill this vacancy on the Board of Examiners and Appeals. Seconded by Councilmmn Walls. All in favor, motion carried. Councilman Whitaker moved to adjourn at 7:00 p.m., seconded by Councilman Walls. All in favor, meeting adjourned. Lorraine Graves, Czty Clerk