Loading...
HomeMy WebLinkAboutminutes.council.19690127$64 ' Regular Meeti~ Aspen City Council January 27, 1969 Meeting was called to order by'Mayor.'Robert Barnard at 3:50'p,m; with.Councilmen Carl Bergman, John Benninghoff, Clyde Clymer and City Attorney Atbert Kern:. Minutes - Councilman Benninghoff stated only 1/10th of what was said at the last regular meeting'relating to Francis Whita'ker was*re:ftected in.~the minutes. Also requested if this Couldbe put~'verbatim in the minutes. Council request if the City Clerk would hold the tape of the meeting. City Cler'k Graves agreed to~'thold the tape for an indefinite period of time, Councilman Bergman made a motion to approve the minutes of January 13th and 24th as prepared and mailed by the. CityCler'k. Seconded by CQuncilman Clymer~ Roll call vote - Councilmen'Clymer aye; Benninghoff nay; ~Bergman~aye; ~motion carried.. Guido Meyer, Rezoning Request - Attorney Frank Delaney representing~Mr. Meyer was present and request a continuation of the hearing till sometime in April for the purpose of gathering information .and perhaps enlarging the area .to be considered, Attorney Clinton Stewart was present representing Mr. Bud Strong and also joined with Attorney Delaney inthis.request for a continuance. Administrator Leon Wurl arrived.~ ~ - , It was pointed out by theiCouncil thatif the application is amended to any degree the applicant would be required to reapply:to'the~Planning and Zoning Commission prior to consideration by Council. Councilman Benninghoff made a motion that theCity Council.hold'the public hearing on a rezoning request by Guido Meyervthis date. Seconded by Councilman.Bergman. Roll call vote ~ Councilmen Bergman aye; clymer aye; Benninghoff aye. Mayor Barnard opened the public hearing on a rezoning request by Guido Paul Meyer and request if there were any comments from the floor. Memo from the Planning and Zoning relating their recommendation that this request be denied was read by Mayor Barnard. Attorney Delaney - You have the application before you and it would be a useless waste of time to go into too much of the bac'kground. There were a few remar'ks from one member of the Planning and Zoning about the lengthy description, however, you will notice that the meets and b0unds description was somewhat simplified by an alternative description which is all of blocks 21, 22, and 23 of said Riverside Addition bounded on the west by Par'k Avenue, bounded on the south by Vick Avenue and ~ouhded on the north and west by the center line of the old railroad right-of-way and bounded on the east and north by State Highway No. 82. Sorry that we didn't have the opportunity to have a full and complete map made but I assume that there is attached to the original application a map that will show you generally the area invol~ed. Our position is this, that it is not spot zoning. Because that term cannot be properly applied to an area of 4.2 acres and that is the area that is involved here. Part of that area which is lf2 acres is included in and is a part of the Crestahaus motel, swimming pool and grounds connected therewith. That was established and a going business before the County of Pitkin 'saw fit to classify the property which was then outside the City as residence property. Sometime several several years ago, it was at least I think it was before the property was brought into the City, the applicant, Guido Meyer, purchased from the Millers and others another 3 acres of land. So we had out there the Crestahaus motel and the incidential improvements connected with it which is a non-conforming use under your application. We have also along side the Redwood Lodge, is it, Alpine Lodge and then there is another lodge that are non-conforming uses out there, Most of this ~ acres is unim- proved property and as we understand as we get down the Roaring Fork towards the old City of Aspen we are running into an area that is certainly more in the nature of the kind of AR-1 activity for which we are asking and it is residence. There is a stream there and road to be ta'ken into~ consideration in this whole section. Then above where I understand there is some objection to this, there is a ridge and all of this I think will show in your maps. I assume that whatever action you Gentlemen seem fit to take today would at least leave open the possibility of renewing this application in an enlarged form at a later date. It is not my purpose to say that your di'scretion is not absolutely in this respect, but I am going to suggest that it is questionable. And when you have an area of 4.2 acres surrounded very largely by non-conforming uses and when you have no better showing than what was made before the Planning andZoning Commission as to interferance with other residences you are reaching that rather shady zone in the law of ~oning, where nobody has an absolute right to deny to a property owner any beneficial use of this property unless it is injuring others. We say that there is nothi g in the facts or circumstances that show that this change in zoning would injure others and we would respectfully suggest to this Council, that to hold that property in the situation in which it is, is to deny to an owner any use of his property and that we suggest is something that no regulatory $65 Regular Meeting Aspen City Council January 27, 1969 Attorney Stewart - In connection with this hearing, I would state that in so far as Mr. Strong is concerned as an adjoining landowner, that there is no objection on his part to the matter of rezoning of the land described in the application. The only matter that we would state in this regard is that I would like to join Mr. Delaney in this and that would be in the event this particular application is turned down that there would be, we would like to be considered in the enlarged application of an additional area. That has no bearing on this hearing today, I simply wa~t that before the Council. Mrs. Franklin - I have the feeling that we hope to take the density out of the center of town and isn't this a hope. Mayor Barnard - I don't see the connection here. Councilman Clymer- Its allowing them a place to build lodges instead of crowding them downtown, it would open up a little bit of area outside for them to build. If you don't give them anywhere, you don't want them downtown or out of town, where are they going to build. Councilman Benninghoff.- I don't thin'k we have anything against building lodges in this community, only thing is we want a little matter first on the density. In other words, instead of jaming it all in at once in a 50' or 60' lot, spread it out, set backs and some green areas around here. I thin'k that is what a lot of people had in mine when they appeared before the Planning and Zoning Commission. Mayor Barnard - I heard in a round about way that the reason for this request ~r change in zoning was becauseit could be obtained there was an eminent sale of the property. I hate to think that we sit here changing the zoning so that people can trade around in real estate and then better their position financially. Because I don't think that is really what we are up here to do. Again I say, I asked that question and it couldn't be answered and apparently you don't know the answer to it at this time either. Attorney Delaney - That is absolutely the situation. Now what we do, I don't know. We are under the impression that good high class apartment type of property is some- thing that is needed in the City of Aspen and we are under the impression that there is just no place that you can go to construct that kind Of improvement. I have been told by people that have invested quite a lot of money here and maybe not tourist business to the effect that they cnanot get quar~ars for their employees to reside here and for that reason it is difficult to bring in employees here and keep them here. Administrator Wurl - In addition to that the Alpine Lodge - ~erguson guy next to the Alpine indicted in a letter and I think it came to the Planning and Zoning's attention, that he was interested in coming into the City if he could obtain the same kind of zoning. Their basis is pretty much the problem that the gas stations are in now, Mr. Mayor, and that is that they are all non-conforming uses even those in the County, I believe. There were some other people, I missed the Planning and Zoning meeting, but there are some other people who are interested in doing something with the Strong property if you could add anymore to it. Mayor Barnard - Well I understand that, I would lfke to state Planning and Zoning's position as I remember it and that was precisely that. There are 2 or 3 non-conforming uses up there and I thirfk if People who live there, have decided among themselves that they can live with this, but I think they are a little reluctant to see that SRme type of use expand into a considerablly larger area so that instead of 2 or 3, you'd have 10 or 12. I thi~k this is what Planning and Zoning is concerned with after they listened to the objections of some of the private home owners around there. Administrator Wurl - Jerry Brown called me he did not write an opinion but he called me and did say this. He favored the application on the basis more so that if a little larger area was ta~ken in expanded to take in the Alpine, the Strong property. In addition ho that he said that the existing things there it would be a natural strip ther~ down the highway and would not support anything ~ further than the Crestahaus. Mayor Barnard - Historically we have seen that the existence of residences in given area~ that are zoned for tourist use certainly isn't no impediment to lodges expanding into those areas. They just pick up the house and move it and go ahead on build a lodge there. It happens all over town. Another thing I am just a little surprised that Jerry Brown's name comes up here at all, he isn't doing any work for us now, is he? R~_gula-~.. r Meeting.. ~.~ ~Asp_e~ C~t~ounci~ January 27, 1969 Administrator Wurl - Well no he isn't. He called and I don't know what prompted the call. I don't know whether someone on the Planning and Zoning Cormnission called him or what. Councilman Benninghoff - I don't thi~k it was the Planning and Zoning Commission. Administrator Wurl Somewhere he 'knew what was going on and he called me to tell me that and he did say that he would not write a letterunless you guys wanted him to because he didn't want to have to bill you for this. Attorney Delaney - Jerry Brown is now wor'king ona planning regulations for Garfield County. And I talked to him after I had made this application to find out what he had recommended originally or what he would say about it. He told me that somebody had already contacted him on this matter. He told me that he had done work Mayor Barnard - He didn't mention who that was did he? Attorney Delaney - No Sir, he did not. You would have to find out fromwho it was but he told me this that he was in no position to advise me and, therefore, I would have to go ot other sources because he didn't work for the City of Aspen. City Clerk It was me. Planning and Zoning directed me to contact Jerry Brown. Mayor Barnard - Who on the Planning and Zoning? City Cl~rk I thin~k it was George Heneghan. I would have to research the minutes. William Dunaway - Leon, I don't thin'k you quoted him correctly, because I talked to him and he said it would be spot zoning. Administrator Wurl - I am quoting him correctly. Mayor Barnard - If someone on the Planning and Zoning directed this to be done, it certainly was not done by the Commission as a body. I feel that Mr. Mrown is without authority here. It was not voted on at any meeting I attended to have Jerry Brown give an opinion on this. If it was done by Mr Heneghan on the P & Z, it was done on his own which I ~on't.thin~k is quite right. ~e have had this trouble all along, the Commission head decides to go cut and do ~omething without clearing it with Leon first. (Mr.. Wurl left Council Chambers to obtain a copy of the Planning & Zoning Minutes.) So I really feel that Mr. Brown is without authority here. Attorney Delaney - Any resident of this community has the right to look into it he has the right to ask for expert advice. Mayor Barnard - Not if the City is paying for it. Attorney Delaney - I didn't suppose that your Planning and Zoning Commission was the kind of a closed door organization that wasn't free and open to anybsdy. Mayor Barnard - These are laws which we have laid down here. Councilman Benninghoff - We have had a lot of people appear here before at that meeting. This room had 3 or 4 times as many people in it as there is now and many many of them spoke. And so there was no restriction to what side or what beliefs they had they all had a chance to speak. We mestricted nobody, but we do restrict the operation of anyone individual who would go to a man who is a servant of the people or an employee of the people and ask them at our expense to form an opinion or something. Atto=ney Delaney - I don't think he has charged you anything. Mayor Barnard - That dosen't make any difference. When we want help of thatkind we authorize it through Leon Wurl and he engages the person. But if we have various members of any commission going out and engaging professional help, you can see this results in a chaotic situation. Surely you can understand that. Attorney Delaney - Lets get this straight. Do I understand from your secretary that somebody did m~ke a request for her to contact Mr. Brown and she did so. City Clerk - I did contact Jerry Brown, yes. Attorney Delaney - And who is the person who asked you to do so. City Clerk - As soon as Mr. Wurl obtains a copy of the minutes we will know. 867 Regula~ M~i~g AsPe~ city.Council january 27, 1969 William Dunaway - I would lfke to remind the Council that there were a lot of property owners who own residential land and they said that they had built with the under- standing that the zoning that was there and they wondered how they could protect the value of their residential land if the zoning was changed. Those people are not here now, but they certainly Mayor Barnard - But they had an opportunity to be here Bill, this was a matter of public 'knowledge that we would have a public hearing heretoday. If they don't show up, that is their problem. R. Hewey - I was at that P & Z meeting and I was interested in what Ellen Harland had to say and she felt that it would be on the non-conforming uses there that they can go before the Board of Adjustment if they have plans to expand, why not present it before the Board of Adjustment. Mayor Barnard - That would be one route to go thats for sure. (Administrator Wurl returned to Council Chambers.) Mayor Barnard - It was requested by Bill Tharp. Attorney Delaney - I asked for certain information, do you have it and I wonder if it could be made a part of the record. Mayor Barnard - I'll read what the minutes say here. Bill Tharp was the Chairman of the Planning and Zoning Cormnission and on the 10th of December along in this meeting itsays, "Chairman Tharp requested the secretary (thats Lorraine Graves) to contact Jerry Brown on this request as to Guido Meyer's request for rezoning". So that is how it got done. I leave it up to Council whether they choose to consider Mr. Brown's feelings in this matter. I think that we have heard all the comments from the audience. Administrator Wurl - Mr. Mayor, if I could just add this, that if you were going to consider his feelings, I would like to have you get it in writing. ~Mayor Barnard - Speaking for myself, I personally don't think it shouj~d be because the P & Z did not act as a body on it and Council at no time has made this request. Administrator Wurl - What I was thinking is that if you were going to use what I told you what he said, I would rather you considered it after he had a chanqe to write it donw. Then there wouldn't be any question. Mayor Barnard - What I am tr~ing to point out is nobody has authorized this and I don't see why it should be made a matter of concern anyway. Attorney Delaney - I thought he was an expert planner and he was ~orking for you. And if it is not out of the way, I would respectfully request you ask for his opinion and put it in writing. Mayor Barnard - I would strenuously object to this. We have had our problems with Jerry Brown and part of the reason his advice is not being considered now is because we have gogten into a number of jams over his advice. And I certainly object to this. Now Council you do what you want. (Ail Councilmen stated they too objected) Mayor Barnard - Well I think we have taken enough time with this thing, I remind you you don't have to ma'ke up your ~inds today. If you would rather table it, you are free to do so. Councilman Benninghoff - I thin'k this thing should be finalized today then if these people want to come in for further attention in this matter and go through the regular channels in which these things are prescribed, they can do so at that time. Our decision is not going to deprive them to instigate action at a later date. They wanted us to postpone this till a later date, let them instigate their action at a later time. Councilman Clymer - Nobody mentioed that there are residences in the area that were opposed to rezoning because it would devalute their property. I don't think that holds water because I remember not too long ago someone asked for rezoning from residential to AR to increase the value of their property. I don't really believe that when you are upgrading their area to a higher density or higher usage that you are degrading your value. Councilman Bergman made a motion the Council deny Guido Meyer's request for rezoning. Seconded by Conncilman Benninhoff. Roll call vote - Councilmen Bergman aye; Clymer nay; Benninghoff aye. Motion carried. $68 Regular Meeting Aspen City Council January 27, 1969 ORDINANCE #1, SERIES 1969, AN ORDINANCE AMENDING TITLE IV, CHAPTER 3, OF THE BUILDING CODE Ord. #1 OF THE CITY OF ASPEN, COLORADO, PERTAINING TO THE PLIRMBING CODE AND DECLARING AN EMERGENCY Plumbing TO EXIST was read by title only on second reading, as agreed by Council, by the City Clerk Councilman Clymer made a motion to adopt Ordinance #1, Series 1969 on second reading and ' order the same published. Seconded by Councilman Benninghoff. Roll call vote - Council- men Benninghoss aye; Clymer Aye; Bergman aye. ORDINANCE #g, Series 1969, AN ORDINANCE AMENDING TITLE IV, CHAPTER 6, OF THE BUILDING CODE Ord. #2 OF THE CITY OF ASPEN, COLORADO PERTAINING TO THE WARM AIR HEATING, VENTILATING AND AIR CON Heating DITIONING AND DECLARING AN EMERGENCY TO EXIST was read by title only on second reading, as agreed by Council, by the City Clerk. Councilman Benninghoff made a motion to adoPt Ordinance #2, Series 1969 on second reading and order the same published. Seconded by Councilman Bergman. Roll call vote - Council- men Clymer aye; Bergman aye; Benninghoff aye. Building Violations - Administrator Wurl reported the following as results from a final Building inspection prior to this meeting. Violations Aspen Townhouse Central - Failed to provide fire protection between the water heaters and walls. Aspen Square - Short 15 parking spaces. Switch box not covered. Insufficient opening for furnace. Ail fireplaces .contructed improperly. Exit not accessible. Sprinklin system in Garfunkel's not installed. North of Nell - Fire protection insufficient thickness. Sprinklers not installed. Bare electrical wires. Unit 3-C water heater not vented. Exit signs not installed or improperly installed. Administrator Wurl explained he had turned this over to the City Attorney as per Council'~ instructions. ~.. Attorney Kern related he had obtained the facts, prepared the complaints and set up buil- ding inspector Kestner as the complaining witness. Then learned that Mr. Kestner did not ' want to become involved and had refused to sign the complaints. Now in the process of redoing the complaints so that Roger Mahnke, Assistant Building Inspector can sign the complaints. Attorney Kern also stated restraining orders can be obtained through the District Court, this would require signed affidavits. Administrator Wurt reported that through Magistrate's Court the code only provides for fining, could not close the business. Councilman Benninghoss made a motion that the City Council instruct Attorney Albert Kern to instigate such action that is required on the violations of condominiums that do not have occupancy certificates. Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye; Benninghoss aye; Clymer aye. Rooming House Licenses - Applications for licenses of the Agate Lodge, Bavarian Lodge and Rooming House Snow Eagle Lodge were submitted to Council by the CitY Clerk, all in order. Licenses Councilman Bergman made a motion to approve 1969 rooming house licenses for the Agate, Bavarian Lodge and the Snow Eagle Lodge. Seconded by Councilman Clymer. Roll call vote - Councilmen Benninghoff aye; Bergman aye; Clymer aye. Public Hearings - Zoning - Councilman Benninghoff made a motion to schedule public hearing Schedule Public for February 24th on dens~ty, sCale control, height of buildings and subdivision regula- Hearing-Zoning tions. Seconded by Councilman Clymer. Roll call vote - Councilmen Benninghoff aye; Cly- met aye; Bergman aye. Councilman Benninghoff made a motion to schedule a public hearing on gas stations for March 10th. Seconded by Councilman Clymer. Roll Call vote - Councilmen Bergman aye; Benninghoff aye; Clymer aye ~ Chamber Budget - Administrator Wurl submitted a breakdown of the Chamber's fiscal status Chamber which showed a deficit of $5,066.53 as of December 31, 1968. Mr. Wurl suggested the City Budget ~ delay making any payments to the Chamber till the deficit is taken care of. Deficit Mayor Barnard suggested dividing the deficit by 12 and take this out of the 12 monthly payments. 869 Regular Meeting Aspen City Council January 27, 1969 Chamber Councilman Clymer made a motion to authorize Administrator Wurl to negotiate with the Budget Chamber on getting the deficit back within one year. Seconded by Councilman Benninghoff. Deficit Roll call vote - Councilmen Clyme. r aye; Bergman aye; Benninghoff aye. Fire Dept. Fire Department Captains - Administrator Wurl reported Council also needs to approve these Captains appointments. Councilman Clymer made a motion to approve the designation of Fire Department Captains of Elbert Tacker and Stan Lauriski. Seconded by Councilman Bergman. Roll call vote - Coun- cilmen Benninghoff aye; Bergman aye; Clymer aye. Cigarette Tax Cigarette Tax - Administrator Wurl Suggest Council increase the City cigarette tax from Increase 2¢ per pack to 4¢. Administrator Wurl reported the City revenue last year from ~igarette tax was $13,000. Councilman Clymer made a motion to authorize the drafting of an ordinance increasing the cigarette tax to 4¢. Seconded by Councilman Bergman. Roll call vote - Councilmen Berg- man aye; Clymer aye; Benninghoff aye. Aspen Square Aspen Square Steps - Wurl reported he could not make a report on this due to the snow and Steps not being able to find the steps. Monarch Tow- Tow Away Monarch Street - Administrator Wurl related a request by Francis Whitaker to Away include Monarch Street between Hopkins and Main in the tow away zone. Administrator Wurl reported he had not had time to discuss this with the Street Superin- tendent to see just how much the City can handle on the tow away to get all the streets cleared between 3:00 and 7:00 a.m. Council instructed Administrator Wurl to look into this request. Police- Disturbance Galena and Cooper - Chief Scott reported on Saturday evening there were approx~ Disturbance mately 100 people gathered at this intersection, snowballs were thrown and a few broken windows. Within a short length of time the people were disbursed and order restored. Fou~ people were charged with disturbing the peace. Council complimented the Police Department for their fast action. Metro Dist. Sewer - Mayor Barnard read an article which appeared in the Denver Post relating to a sewer grant to the Vail area. Mayor Barnard reported he had brought this to the Council's attention because he felt this proves that the Metro District is making a big mistake in locating the sewer plant at the hog pasture site. Recormnend a bigger plant be built and further down the valley. It was pointed out that the engineers for the Metro District and Aspen Sanitation District cannot show support for locating a plant further down the valley. Also pointed out was that the County does have the authority to build a plant and run the line. N.S.A. Appeal Administrator Wurl submitted a letter received from Attorney Ho~ relating he had filed the brief on the appeal on the North Side Annexation and anticipate oral arguments would be sometime in the spring. Address Syste Councilman Clymer request if a universal address system could be set up for this area, fire department is having difficulties locating addresses in the subdivisions and out- side of the City limits. Councilman Clymer to present a proposal to the Council. Whitaker-Tax Mayor Barnard submitted to the Council for them to review a file relating to court pro- ceedings of Francis and Elaine Whitaker vs. City of Carmel-by-the-Sea City Council. Mayor Barnard mentioned a few items contained in the file as follows: October 2nd - Mr. Crawford ask Council permission to move sand. Whitaker motion to table passed. October 3rd 1962 - Motion passed to approve request. Whitaker abstained because of his stated intention of instruction his attorney to file injunction proceedings against the City. Complaint for Injunctive Relief. Suit filed October 5, 1962. Francis and Elaine Whitaker vs. City of Carmel-by-the-Sea City Council and defendants acting beyond their authority in displacing the same. October 9, 1962 - Motion City Attorney to defend City and City Council in suit filed Octo- ber 5 by Francis and Elaine Whitaker. 870 Regular Meetin~ Aspen City Council January 27, 1969 Letter from Mr. Whitaker to the City Council dated January 26th was read by Mayor Barnard Whitaker-Tax Excerpts from that letter as follows: "My decision to contest the Gross Receipts Tax was based on the following reasons; 1. The City has put me on official notice that unless I paid the tax by a January 12th deadline, the City would take action against by business. The Mountain Forge was closed last year after a similar notice. 2. After receiving this notice, I offered in a letter to your attorney to pay every cent due, if the City would submit reasonable proof of its authority to levy and collect it. No answer has been received. 3. To settle my claim for damages for wrongfully closing my b~ssiness, I offered to set- tle my claim for damages 6n~ the terms recon~nended by your attorney, about one third of the amount asked. No answer has been received. In a final effort to resolve this controversy, I would like to make a last offer which would benefit the entire community, something another law suit would not do. If the City will expend $2,000.00 in 1969 to improve Herron Park and drop the appeal on the old Sales Tax, I will waive any claim against the City or any of its officials for wrongfully closin my business, and will not contest the Gross Receipts Tax. The improvements for Herron Park shoudl inClude, in general, grading and seeding, picnic tables and fire pits, parking screen planting, and fencing so that the park may not be used for dumping of any kind." Mayor Barnard also read from an advertisement printed in the January 16th issue of the Aspen Times and stated this constitutes illegal practice of law by Mr. Whitaker and ille- gal drumming up of business by Leslie Gross. Attorney Kern reported he had received a copy of this letter from Mr. Whitaker this date and called to Mr. Whitaker's attention the following: Item #1 - Notice was sent by the City. Item #2 - Pointed out to Mr. Whitaker that he had discussed with him and his Attorney Leslie Gross stating that 2 attorneys representing the City (Mr. Roan and Mr. Howe) both determined that the Gross Receipts Tax was a valid tax and that there are no cases on gross receipts tax. Item #3 - Reported to Mr. Whitaker that on January 14th and also called to his attention another letter dated November 29th, stating Council's position with regards to original offer of $5,000. and on January 14th~ Council's position as relates to Mr. Whitaker's offer of 1/3rd. Attorney Kern also stated Mr. Whitaker had asked that he relate Mr. Whitaker's apology for the error on his behalf. Mr. Whitaker stated he is anxious and willing to work out a compromise. Discussed as relates to Mr. Whitaker's offer on Herron Park, AttOrney Kern reported the City has budgeted to make the following improvements to the park as recommended by the Park Association: A. Designate the Park with a sign. B. Regrade and place large rocks strategically to keep out vehicles. C. Add top soil, water taps and plant grass. D. Plant a few trees and shrubs for definition. Council agreed to have Attorney Kern write a letter to Mr. Whitaker that the City is goin~ ahead on Herron Park as outlined by the Park Association and also what is outlined in-the budget. On the Gross Receipts Tax, Council agreed to stick by the original offer of, if Mr. Whit. aker does not proceed with the g~oss receipts tax the CitY will drop their appeal on the sales tax. Administrator Wurl request approval to send a letter to Clayton Meyring of Boulder apProv_ Meyring-Bldg. ing his appointment as building inspector ~or the City of Aspen. Councilman Clymer moved Inspector to authorize Administrator Wurl to send the letter dated January 27, 1969 to Mr. Clayton Meyring, Boulder. Seconded by Councilman Bergman~ Roll call vote - Councilmen Benning_ hoff aye; Clymer aye; Bergman aye. Councilman Clymer moved to adjourn at 6:00 p.m., seconded by Councilman Benninghoff. Ail in favor, meeting adjourned. ......... Lo ralne Graves City Clerk