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HomeMy WebLinkAboutminutes.council.19820712Regular Meeting Aspen City Council July 12, 1982 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the meeting to order at 4:10 p.m. with Commissioners Klanderud, Child, Blake, Madsen and Kinsley and Councilmembers Michael, Knecht and Collins present. Commissioner Madsen said he felt it would be worthwhile to have a city/county priority session, go over the philosophies 9f thinking and programs before the two entities start their budget sessions. Madsen said the county has a list of priorities they have set to accomplish in 1983. Madsen said he would like to get Council's feelings on some of the jeopardized program. Councilman Collins said he would like to extend that thought into long range planning, items like the airport, traffic, Highway 82, lodge development, how this all ties together. 1. Transportation Maintenance Facility. Duane Fengel told the Boards that the A & E firm is here this week with the final drawings of what the facility will look like. If it is approved, they will go to the bid process for excavation and foundations. This will be done sometime in September. City Manager Chapman said the staff wants to go over with the Council the final packet before any bid packages are awarded. This will come back to the next meeting. 2. Traffic Light Report. City Engineer Dan McArthur explained the lights have been synchronized today at three p.m. Between 7 a.m. and 2 p.m. they are synchronized at 25 m.p.h. From 2 p.m. to 9 p.m. they are synchronized favoring west bound traffic. From 9 p.m. until midnight the lights are on "free cycle", which is constant green on Main until someone at a north/south intersection triggers the "loop". From midnight until 7 a.m. the lights on Main will be flashing yellow. McArthur said this system will be used between now and Labor Day to see how it works. McArthur explained that sychroniza- tion can totally work in only one direction. McArthur said a light has been warranted at Maroon and Castle Creek on highway 82. The state highway department is just waiting for a letter from the Commissioners to install it. COUNCIL MEETING CITIZEN PARTICIPATION 1. Bambi Patterson, representing Cookie Muncher, requested a special vending permit for cookies at special events. Councilman Parry moved to add this to the agenda; seconded by Councilwoman Michael. All in favor, motion carried.. 2. Joel Olson requested an addition to the agenda for ticket sales for a non-show called Habbaku. Olson said he would like to be able to set up a ticket booth maybe on the mall and sell tickets for the production. Councilman Parry moved to add this to the agenda; seconded by Councilman Collins. All in favor, motion carried. 3. Rich Perez, owners of R. Pea's, presented~to Council a letter he had circulated throughout the business community signed by 120 businesses. "Dear Councilmembers: We, all people of the business community of Aspen, fell that it is an unfair practice for the City Council to allow foo-vending operations on the streets of Aspen. Our reasons are many. Among the: vendors are not subjected to the year-round expenses incurred in order to hold a lease; vendors are not required to install and maintain bathrooms as are all other food-service establishments; rents go toward property taxes which, of course, go in part to the city's coffers; other restaurants who wish to offer sidewalk service LIQUOR LICENSE ~NEWAL - Takah Sushi Tom Dunlop, environmental health officer, told Council there are 3 or 4 construction or plumbing items that should be done within a week. Takah Sushi has complied with most of the ite~ on the inspection list. Co~cilman Parry moved to renew Takah Sushi's liquor license; seconded by Councilman Knech~ All in favor. Motion carried. CONSENT AGENDA Councilman Parry moved to approve the consent agenda; special event permit for Aspen CouncJ for the Arts; seconded by Councilman Knecht. All in favor, motion carried. HPC ~POINTMENTS Councilman Knecht said he would like interviews scheduled with the applicants. There is a transportation study session set for June 30th at noon. Councilman Parry moved to adjourn at 8:30 p.m.; seconded by Councilman Knecht. All in favor, motion carried. ~o~h, City Clerk Regular Meeting Aspen City Council July 12, 1982 JOINT MEETING WITH COUNTY COMMISSIONERS Mayor Edel called the meeting to order at 4:10 p.m. with Commissioners Klanderud, Child, Blake, Madsen and Kinsley and Councilmembers Michael, Knecht and Collins present. Commissioner Madsen said he felt it would be worthwhile to have a city/county priority session, go over the philosophies of thinking and programs before the two entities start their budget sessions. Madsen said the county has a list of priorities they have set to accomplish in 1983. Madsen said he would like to get Council's feelings on some of the jeopardized program. Councilman Collins said he would like to extend that thought into long range planning, items like the airport, traffic, Highway 82, lodge development, how this all ties together. 1. Transportation Maintenance Facility. Duane Fengel told the Boards that the A & E firm is here this week with the final drawings of what the facility will look like. If it is approved, they will go to the bid process for excavation and foundations. This will be done sometime in September. City Manager Chapman said the staff wants to go over with the Council the final packet before any bid packages are awarded. This will come back to the next meeting. 2. Traffic Light Report. City Engineer Dan McArthur explained the lights have been synchronized today at three p.m. Between 7 a.m. and 2 p.m. they are synchronized at 25 m.p.h. From 2 p.m. to 9 p.m. they are synchronized favoring west bound traffic. From 9 p.m. until midnight the lights are on "free cycle", which is constant green on Main until someone at a north/south intersection triggers the "loop". From midnight until 7 a.m. the lights on Main will be flashing yellow. McArthur said this system will be used between now and Labor Day to see how it works. McArthur explained that sychroniza- tion can totally work in only one direction. McArthur said a light has been warranted at Maroon and Castle Creek on highway 82. The state highway department is just waiting for a letter from the Commissioners to install it. COUNCIL MEETING CITIZEN PARTICIPATION 1. Bambi Patterson, representing Cookie Muncher, requested a special vending permit for cookies at special events. Councilman Parry moved to add this to the agenda; seconded by Councilwoman Michael. All in favor, motion carried.. 2. Joel Olson requested an addition to the agenda for ticket sales for a non-show called Habbaku. Olson said he would like to be able to set up a ticket booth maybe on the mall and sell tickets for the production. Councilman Parry moved to add. this to the agenda; seconded by Councilman Collins. All in favor, motion carried. 3. Rich Perez, owners of R. Pea's, pmesented~to Council a letter he had circulated throughout the business community signed by 120 businesses. "Dear Councilmembers: We, all people of the business community of Aspen, fell that it is an unfair practice for the City Council to allow foe-vending operations on the streets of Aspen. Our reasons are many. Among the: vendors are not subjected to the year-round expenses incurred in order to hold a lease; vendors are not required to install and maintain bathrooms as are all other food-service establishments; rents go toward property taxes which, of course, go in part to the city's coffers; other restaurants who wish to offer sidewalk service Summers said he had specs to clean up the trolley, and the city could get the kids to do some of the work. Council agreed with this proposal and directed Olson to get with Summers. LIGHTS AT THE ICE RINK/HOCKEY CAMP John McBride suggested the Junior Hockey camp advance the city $8,000 to improve the lights in the rink and get the money back after the kids pay in the fall. This will benefit both the city and the hockey camp. McBride said the urgency is that the ice is off and the lights are on hold in Denver. McBride said these lights will save energy and the illumination of the rink will be four times greater. McBride suggested more hours of ice time for the hockey kids in lieu of $2,000 payment. City Manager Chapman said the difficulty with giving the hockey kids more ice time is that it has to be' taken away from someone else; also it means less revenue for the ice garden. Mayor Edel asked if the city could find $8,000 to reimburse the hockey kids in December. Chapman said the genera] fund is running ahead; last year's increase in fund balance was $8,000. Councilman Knecht moved to approve the advance of the $8,000 to put lights in the ice rink with repayment coming back to them in December; seconded by Councilman Collins. All in favor, motion carried. LIQUOR LICENSE HEARING - Aspen Restaurant Ventures d/b/a The Flying Dutchman Mayor Edel opened the public hearing. City Clerk Koch reported there was some question as to "possession of the premises". City Attorney Paul Taddune entered two letters into the record; one July 8, 1982, from attorney Barry Edwards informing Council that Ron Morrison, who has an interest in the premises, has not consented to the lease arrangement; July 8, 1982 from the offices of Morrison and Forrester regarding the former owner Robert Sproull and a deed of trust. Joe Edwards, representing the applicant, stated that Aspen Restaurant Ventures Inc. owned by Andriaan Van't Hoff, does have the right to possession of the premises. There is a lease with Alfred LaPeter, who is the 4/5 undivided co-tenant. Edwards said the law provides that one co-tenant, regardless of the per cent of the interest, has the right to the possession of the entire premises. Taddune entered into the record a letter from Edwards dated July 9, 1982. Taddune concluded for Council the question of physical presence; the applicant is physically occupying the establishment. Edwards stated the law of the land is that one co-tenant has the right to ths absolute possession ofthe entirety and can lease his right to the entirety of the possession. There is an ALR citation, and the majority rule throughout the states is that a co-tenant may lease the premises and that the co-tenant may not evict the lessee. Edwards said the co-tenantof Mr. LaPeter's has taken no action. Van't Hoff has taken possession and has operated a restaurant since early June. Edwards brought up Sproull's deed of trust and letter from his attorney stating there has been a default of the deed of trust. The landlord has gone into a Chapter 11 Bankruptcy proceeding, asking the bankruptcy court to reorganize the payment schedule. The bankruptc court has injunctive power to stop any foreclosures. This gives the debtor time to reorganize and utlimately pay off the creditors. Edwards said under the bankruptcy law, the landlord has the right, in the ordinary course of business, as his own trustee of his own estate to proceed to enter into leases and sales. Edwards pointed out this'~is the ordinary course of business. Edwards said the fact that there are disputes between the landlord and some of his creditors is not relevant to the question of whether or not this applicant is in possession; it is. Edwards told Council the third issue is that the state liquor enforcement officer did not want LaPeter, the landlord, to have any interest in this corporation. Originally there was a pledge of stock to secure the tessee's obligations under the lease. The lease has been revised with a disclaimer by the landlord of any stock pledges to secure his lease options. Dan Chilson of Chilson Company represents the holders of the first and second deeds of trust. Chilson said if the operation has been going for six weeks and the lease money is to service their debt, they have not seen any money. Taddune said these legal issues are more properly resolved in a court of law rather than the City Council. The Council should not adjudicate disputes between property owners. Bob Sproull told Council he has secured interest in the property at 209 South Galena street. Edwards quoted to Council the parties of interest that can be heard at this hearing. Mayor Edel asked for opponents to the license. Sproull said the Council has only heard one side of a complex issue. Who/has what rights ought to be decided in the bankruptcy courts. Taddune said that is beyond the scope of this hearing. Councilman Collins said he felt the questions asked of the applicant regarding possession have been answered affirmatively. Edwards told Council the applicant is requesting a hotel and restaurant three-way liquor license. Edwards told Council this building has had a liquor license for at least 16 years. This will be a full service restaurant with lunch and dinner. Van't Hoff told Council the restaurant will feature Dutch/Indonesian food; the menu has items that are not found in any other restaurant. Mayor Edel asked for opponents to the issuance of the liquor license. Taddune said for the record there were no indications of oppositior to the liquor license. Mayor Edel closed thepublic hearing. Councilman Collins moved that based on the evidence presented at the public hearing held July 12, 1982, relating to the application of Aspen Restaurant Ventures, Inc., the City Council finds that the needs of the community have not been met and the license as applied for is hereby graqted; seconded by Councilman Parry. All in favor, motion carried. COMPiERCIAL CORE & LODGING COMMISSION PROGRAM Gary Plumley, chairman, told Council the CCLC recommends improvements to Rubey Park, start- ing with paving the rear area, which is unsIghtly, muddy and dusty. The paving would cost $7,000. Mayor Edel asked if there is money. City Manager Chapman explained when the occupation tax was raised, half of the money ~s to go to downtown improvements. Plumley said the $7,000 does not cover fixing the alley, which needs to be reconstructed. City Engineer Dan McArthur told Council the overall price is $12,000 for the parking lot and for the alley. McArthur said a proper job for paving the parking lot cannot be done without taking care of the alley. Councilman Parry moved to spend funds to pave Rubey Park and the alley adjacent to Rubey Park; seconded by Councilwoman Michael. All in favor, motion carried. Plumley said the CCLC would like to use surplus mall bricks at the corners of Durant and Galena and Durant and Mill; these corners are currently dirt. Plumley said they would like to have mall bricks set in sand. This would cost $13,750, The CCLC also recommends repairing the planter boxes with railroad ties for approximately $1,000 and enclosing the portapotties for $1500. The total program for Rubey park is $28,250. Plumley said that Rubey park is the most important area right now for improvements in the downtown area; it is used by many visitors and residents. Councilman Knecht moved to approve the budget of $28,250 for the CCLC project on Rubey Park including the items just outlined; seconded by Councilwoman Michael All in favor, motion carried. OLD GOLF PRO SHOP USED AS DAY CARE CENTER Ruth Stone told Council 1973 she opened a children's playschool located in St. Mary's Church. It was there for seven years and then moved to the lower elementary school. Because of the consolidation of schools, things have changed. Ms. Stone told Council she agreed to sign a lease in the upper elementary school;ithe destiny of this school is tenuous. Ms. Stone told Council she needs 1,000 square feet and the prices range from $750 to $1500; this is a 150 per cent increase. Ms. Stone said there are reasons why playschool and day care centers are different from other businesses. One of the reasons is the regulations from the state. If you have 1,000 square feet, you can only have 22 children and have to have two adults. Ms. Stone said you can increase the price or take on more children. Ms. Stone said since January two licensed facilities have closed. Ms. Stone proposed to use the old pro shop at the golf course as a playschool. The building will have to be brought up to code, which is a substantial investment. Also the building will have to be moved. Ms. Stone told Council she would be willing to invest money if the city would lease the building on suitable property for a long term lease. Ms. Stone said her investment would be $20 to $25,000. Ms. Stone said child care centers are an important community need in order for parents to work in Aspen. Ms. Stone said she is not asking for any cash outlay from the city. The children's playshop has a reputation Ms. Stone is proud of. Ms. Stone said if the city decides to support this, the facility will make them proud. Ms. Stone said there is no other way except for the city to understand the need for a child care center and to help. Mayor Edel read a letter from Dr. Stephan Barnett supporting the child care center. Councilwoman Michael said she felt this is a practical approach but that an alternate site would have to be found. Jim Holland, parkS director, told Council he would like the golf course to make some money off the building. Councilman Parry said he thought the upper elementary school is an excellent location and suggested Chapman talk to the school board to find out what the plans are for the school before the city sells the pro shop. Chapmar said finding land to put the building on will be the biggest problem. Monica Hose fully supports Ms. Stone's proposal and told Council it is hard to find qualit child care in this town. Councilman Knecht said this is a private business. Councilman Knecht said he did not want the business at the golf course. Councilman Knecht said he did not have a problem giving the building to a day care center but does have a problem giving public land to a private business. Councilwoman Michael said she did not like leaving this up to the upper elementary school because they are facing many problems. The playschool will not get long term solutions from the school. Councilwoman Michael said the city could come up with an appropriate lease with reversion to the city. Councilwoman Michael moved to direct staff to work with Ruth Stone to explore moving the pro shop to another location either public or private and also Work to see who would incur what costs; seconded by Councilman Collins. All in favor, motion carried. STREET TREE ORDINANCE Jim Holland, parks director, told Council he has been dealing with the problem of the street tree ordinance for five years. By ordinance the city is responsible for maintain- ing the trees, around town as far as pruning or removal. The budget for this is only $4,000. Holland told Council he has been administering this personally. The city is not supplying much of aprogram for $4,000. Holland asked Council to consider funding this higher or changing the program.. The first option is to continue at the same rate. The second option is to rebudget the money alloted to this program. Holland told Council he could do $20 to $30,000 worth of rimming. Right now this program is just avoiding catastrophes and lawsuits. Another budget consideration is replacing the trees that are cut down. Mayor Edel asked if the city could go through town, make improvements, and then charge som~ percentage of the work to the adjacent property owners. City Attorney Taddune said this would have to be done through a special improvement district or increasing taxes. Councili man Parry said a lot of the trees are on city property. Council discussed the liabilities and responsibilities. Taddune said the city accepted the responsibility independent of ownership. Chapman told Council everything but the trees to abutting property owners is the property owners' responsibility. The city can make a sidewalk repair and then assess this on the property owner's tax bill. Councilmembers Knecht and Parry opted to get out of the tree trimming business. Councilma Collins said he would like to see the city spend more money on this program. In terms of overall planning, the city should have some plan of taking down old trees and replacing them; the Council should up the budget and have a more meaningful program. Councilwoman Michael said the city has some responsibility to remain active in the downtown core beautification effort. The residential area is another matter; Councilwoman Michael suggested going to the residential associations. Councilwoman Michael said she would like to hear more from staff and does not want to abandon the program. Mayor Edel said he felt between both situations; Mayor Edel said if the city can make the residents responsibl for their trees, he would like to see that. Chapman said the Council would like staff to figure out how to trasnfer the responsibility of trees to the abutting property owners. The city would then be in the enforcement business. The city would look at trees that need work and notify the abutting property owner of this and that it is their responsib~lit If the property owner does not do it, the city will do it and add the cost to the tax bill Chapman said the staff will research this option. CONTRACTORS' LICENSE FEES AND OCCUPATION TAXES Finance Director Sheree Sonfield reminded Council they had asked staff to research this and the possibility of reducing either the fees or taxes so the contractors would not be overburdened. Ms. Sonfield told Council the license fees were established in 1968. For a class B contractor's license, the renewal fee is $40. The staff feels if there is this one exemption, other groups of businesses would come in for exemptions. The staff recommends that Council take no action and keep the fees at hte levels they are now. The staff will review all license fees at budget time. Councilman Collins said when the occupation tax ordinance was passed, it was agreed a credit for that occupation tax would be available to anyone getting a contractor's license. Somehow the ordinance was passed without that credit being made available. The agreement originally made by Council was that there would be no double payment with the adoption of the occupation fee. The procedure may be to eliminate the contractor's license entirely. Councilwoman Michael agreed it was the sense of Council they did not want people being doubly taxed in town. Ms. Sonfield said when this was discussed, it was decided it was too complex, paying in two different places and getting refunds. Taddul told Council he had recommended rather than tamper with the occupation tax ordinance, if Council felt that way, they Should lower the contractor's license fee. Ms. Sonfield told Council the contractor's license fees were established in 1968 and are lower than many professional fees. City Manager Chapman said all businesses pay an occupation tax based on the number of employees. The city tests very few businesses for quality control. Contractors require more effort on the city's part in testing them, making sure they have insurance. It is also a type of consumer protection. Chapman said the finance department is recommending not giving a credit for license fees; next time the staff reviews all license fees, this one should be reviewed to be increased. Councilman Collins moved to give credit to contractors license to the extent that they pay the business occupation license fee; seconded by Councilwoman Michael.~ Councilmembers Collins and Michael in favor; Councilmembers Knecht, Parry and Mayor Edel opposed. Motion NOT carried. ORDINANCE ~33, SERIES OF 1982 - Sale of Castle Ridge City Attorney Taddune reminded Council when the referendum issue came up, the city indicat~ they would consider this through ordinance to invite public participation. The staff is still in the process of tightening up the language on the contract. City Manager ChDpman told Council there has been no change from the essence of the agreement Council saw when theY narrowed'the offers down. Councilman Parry moved to read Ordinance #33, Series of 1982; seconded by Councilman Knecht. All in favor~ motion carried. ORDINANCE ~33 (Series of 1982) AN ORDINANCE APPROVING THE PURCHASE AND SALE TRANSACTION FOR THE CITY-OWNED CASTLE RIDGE EMPLOYEE HOUSING PROJECT, PURSUANT TO THAT CERTAIN AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY BETWEEN THE CITY OF ASPEN AND WILLIAM LONDOFF was read by the city clerk Councilman Parry moved to approve Ordinance ~33, Series of 1982, on first reading; seconde~ by Councilman Knecht. Roll call vote; Councilmembers Knecht,aye; Parry, aye; Collins, aye; Michael, aye; Mayor Edel, aye. Motion carried. REQUESTED AMENDMENT OF 700 S. GALENA SUBDIVISION AGREEMENT Spencer Schiffer told Council there was a subdivision agreement for this project with two difference requirements for guarantee of performance. Schiffer said that paragraph 4 requires a performance bond rather than a site draft or letter of commitment. Schiffer said the local insurance people told them that no Contractors in the valley could get a performance bond. Schiffer said they would like the agreement amended to state a site draft of letter of commitment is sufficient. Schiffer said ~he building permit for this project is issued but cannot be delivered until they get a performance bond. Mayor Edel said this was argued at length previously. Russ Pielstick said funds should be available so the city can go in and restore the site to its original condition if the project is not completed. Schiffer said with a perform- ance bond, the city may have to sue the insurance company to recover; with a site draft or letter of credit, the city would not have to sue. Taddune said the city will not know how much money is needed to return the site to its original condition. Councilwoman Micha~ said the sense of Council is if the project is not completed, monies will be made avail- able in a guaranteed amount from Mr. Cantrup to the city to proceed to put the site back in order. Councilman Knecht moved to amend paragraph 4 of the 700 S. Galena Subdivision Agreement as requested by the applicant in his letter of July 2, 1982, to permit a change in the for! of security offered therein from a contractor's performance bond with liquidated damages to an irrevocable letter of credit (or equivalent) with liquidated damages, which specifc agreement amendment language shall be as approved by the city attorney; seconded by CounCilman Parry. Mayor Edel said he is uneasy about this because the Council went to great lengths to come up with a specifically worded motion for this project. Mayor Edel said this may be a legitimate request but the requests keep changing. City Engineer McArthur said the letter of credit ought to be on a sliding scale of some sort.' Schiffer said it will be for what- ever amount of money will be needed to complete the project. Mayor Edel asked why all this time had gone by before this request. Schiffer said the applicant had never obtained this kind of bond before and assumed it would be quite simple. Taddune said the city and the applicant are trying to accomplish something that is not possible; a performance bond does not exist. There has to be some substitution. Taddune suggested Council letting him work on this with the applicant. Councilman Knecht withdrew his motion. Councilman Knecht moved to table this for two weeks; seconded by Councilwoman Michael. All in favor, motion carried. Councilman Parry left Chambers. ORDINANCE ~31, SERIES OF ~982 - General Fund Councilwoman Michael moved to read Ordinance #31, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE 931 (Series of 1982) ~N~ORDINA~CE~RECOGNIZING REVENU~S~OF $26,290 IN THE GENERAL FUND AND APPROPRIATING EXPENDITURES OF $5,130 IN THE GENERAL FUND FROM CURRENT YEAR FUND BALANCE was ~ead by the city clerk Councilwoman Michael moved to adopt Ordinance #31, Series of 1982, on first reading; seconded by Councilman Collins. Roll call vote; Councilmember Michael, aye; Knecht, aye; Collins, aye; Mayor Edel, aye. Motion carried. ORDINANCE #32, SERIES OF L982 - Interfund Transfers Councilwoman Michael moved to read Ordinance ~32, Series of 1982; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE ~32 (Series of 1982) AN ORDINANCE APPROPRIATING EXPENDITURES IN THE GENERAL FUND OF $30,450 FROM CURRENT YEAR FUND BALANCE IN THE GENERAL FUND AND TRANSFERS FROM THE TRANSIT AND LAND FUNDS; RECOGNIZING REVENUE OF $1,850,000 AND APPROPRIATING EXPENDI- TURES OF $673,860 IN THE LAND FUND; RECOGNIZING REVENUES OF $1,100,000 AND APPROPRIATING EXPENDITURES OF $1,100,000 IN THE TRANSIT FUND; RECOGNIZING REVENUES OF $100,000 AND APPRORPIATING EXPENDITURES OF $100,000 IN WATER MANAGEMENT FUND; APPROPRIATING EXPENDITURES OF $31,000 FROM PREVIOUS YEAR FUND BALANCE IN THE GOLF FUND; RECOGNIZING REVENUES OF $63,521 AND APPROPRIATING EXPENDITURES OF $63,521 IN THE ASSET REPLACEMENT FUND; 'APPROPRIA TING EXPENDITURES OF $1,200,000 IN THE WHEELER FUND FROM CURRENT YEAR BALANCE IN THE WHEELER FUND AND TRANSFER FROM THE LAND FUND was read by the city clerk Councilman Knecht moved to adopt Ordinance ~32, Series of 1982, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Michael, aye; Mayor Edel, aye. Motion carried. 1982 ASPHALT OVERLAY PROGRAM City Engineer McArthur explained this year there are two contractors in the valley; Elam was still the low bidder. In July there was the bid opening for phase one of the five year capital improvements program for streets. The bid was $71,000. The memorandum to Council describes the streets that will be takens care of. McArthur asked the Council t~ appropriate funds from prior year surplus to start the five year capital program. Chapman said the Council does have the option to wait to start this plan; this work could be done this year out of the general fund but include the amount to be reimbursed in the bond issue. Councilman Knecht said he felt it was imperative to do this program, especially in the east end. Councilman Knecht said he would rather spend the money now. Councilman Knecht moved to approve the appropriation of $71,000 to be spent on the 1982 asphast overlay program and to give the bid to Elam; seconded by Councilwoman Michael. All in favor, motion carried. ACCEPTANCE OF THE AUDIT REPORT Councilman Knecht moved to approve and accept the City of Aspen financial statements for th years ended December 31, 1980, and December 31, 1981, as prepared by out independent auditors, Schneider & Schuster, C.P.A.S; seconded by Councilman Collins. All in favor, motion carried. Mayor Edel opened the public hearings on Ordinances #28, ~29, and ~30~ There were no comments. Mayor Edel closed the public hearings. ORDINANCE #28, SERIES OF 1982 - Utility Deposit Increase Councilman Collins moved to adopt Ordinance #28, Series of 1982, on second reading; seconde by Councilwoman Michael. Roll call vote; Councilmembers Collins, aye; Knecht, aye; Michael aye; Mayor Edel, aye. Motion carried. Regular Meeting Aspen City Council July 12, 1982 ORDINANCE ~29, SERIES OF 1982 - General Fund Appropriations Councilman Collins moved to adopt Ordinance #29, Series of 1982, on second reading; seconded by Councilman Knecht. Roll call vote; Councilmembers Michael, aye; Knecht, aye; Collins, aye; Mayor Edel, aye. Motion carried. ORDINANCE ~30, SERIES OF 1982 - Mandatory Metering Councilman Collins moved to adopt Ordinance ~30, Series of 1982, on second reading; seconded by Councilman Knecht. Councilman Knecht requested staff to make sure if there are older people affected by this or people that don't comply, the staff finds out why for review by Council. Roll call vote; Councilmembers Knecht, aye; Collins, aye; Michael, aye; Mayor Edel, aye. Motion carried. CONSENT AGENDA Councilwoman Michael moved to adopt the consent agenda; seconded by Councilman Collins. The consent agenda is liquor license renewals; Freddies, Edwards, Burger Bros; Special Event permit for the Hunger Project. All in favor, motion carried. Councilman Collins moved to adjourn at 9:10 p.m.; seconded by Councilwoman Michael. All in favor, motion carried. Kathryn S.~och, C~ty Clerk