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Home My WebLink Aboutminutes.council.19690310 Regular Meeting Aspen City Council March 10, 1969 Meeting was called to order by Mayor Robert Barnard at 3:45 p.m. with Councilmen Ca~ B~ergman, Werner Kuster, John Benninghoff, Clyde Clymer, City Attorney Albert Kern and City Administrator Leon Wurl. The accounts payable were given to Councilmen Benninghoff to check. Minutes Councilman Bergman moved to approve the minutes of February 24th as mailed and prepared by the City Clerk. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. Gas Stations Gas Stations - Public Hearing Hearing Mayor Barmaid - I would, at this time, like to open a public hearing on the subject of gas~stations. As you know the P & Z has considered this matter and not forwarded any recommendations at all to this Council. We had scheduled a public hearing for this time so we will go ahead and hold it. Since we don't have any presentation from the P & Z, I'll just op.en this up to the floor. Anybody who has anything to say, is welcome to do so after they introduce themselves. Mrs. Ware - I am against it. Mayor Barnard - Are you speaking for yourself now or Mrs. Ware - I am speaking for the entire property on the north side of the street. Dorothy Mfk'kelson - Don't you have some letters. Mayor Barnard - Matter Of.fact we do, Leon, do you have them there. Dorothy Mik'kelson - I have wirtten a letter to you, members of the City Council, the Planning and Zoning Commission and Administrator Wurl. I think you should all ha~e copiers of my letter somewhere. Mayor Barnard - This must be the letter that you refer to Dorothy. Gentlemen: As executrix of the Estate of Mr. Arthur W. Mik'kelsen, deceased, and for my sisters, Mrs. George Ware and Mrs. Harold Gallegos, and for myself, I wish to notify you that we oppose the suggested change to permit gas stations, on both sides of Main Street in the b'lock between Spring and Original Streets. I refer to. the enclosed copies of articles printed in the January 16, 1969 and January 30,~ 1969 issues of The Aspen Times regardiBg Mayor Robert Barnard's suggestion or proposal that an ordinance be amended to permit gas stations on both sides of Main Street in the block between Spring and Original Streets. Ail of the land on the north side of Main Street, between Original and Spring 'Streets, belongs to my Father's Estate. This property has always been used for residential purposes and at the present time we have no other use in mind. If there is a need for other gas stations, there are other areas not residentially used, that would be much more suitable for this use. We respectfully ask that the Aspen City Council give careful consideration to our opposition to this change. We have notified Mayor Robert Barnard and The Aspen Planning and Zoning Commission of our opposition to this proposal also. /s/ Miss Dorothy M. Mfk'kelsen Mayor Barnard - Leon, would you read the letter that we had when Mr. Mfk'kelsen was alive. Dorothy, I don't mean to jerk the rug out from under ya~, but I think we should introduce all the information into the record. This is signed by Art Mfk'kelsen. I am a property ownerin new North Side Annexation which is in the area of the proposed C-IA District , am in favor of this District whole heartedly. /s/ Arthur Mikkelsen Dorothy Mikkelsen - Mayor Barnard, I remember that. My Father isn't here so I can't I don't have anything,'papers that would say what happened. The night my Father signed thatletter, he was very ill, and Clint Sampson came down to the house with a prepared letter and asked my Father to sign it. The only thing he thought he was signing was a letter so that Clint Sampson could sell his lots or lease his lots to some gas company. 888 Regular Meeting Aspen City Council March 10, 1969. Mayor Barnard - Well Dorothy, you would know' more about this than I do. Gas Stations Hearing Dorothy Mi'~kelsen - I did not know about the letter till the next. day, bUt I know I was there at the time he signed the letter and I am quite sure he did not fully understand what he was signing.~ Mayor Barnard - That may well be, but I just'wanted to point out that this appears to be in his handwriting thats all. Councilman Benninghoff - I walked down the street with Art about two wee'ks before he died and this was discussed and I thin'k as you do that he was a little confused about what was being talked about at the time. Dorothy Mikkelsen - At the time we were talked about it. I 'know he waa a £riefid of'Clint Sampson and'I know he thought he: was doing something out of friendship. Mayor Barnard ~ I just want to. make this a matter of record.. C. M. Clark - I would lfke to comment from my memory of what went on at the Planning and Zoning. I thin'k a lot of good points were brought up. I don't ~know. how much of th~ information you people have. At that time it seemed to be the concensus of opinion that we were a little premature in thinking about filling stations, in that area due to seyeral factors. (1) the outcome of the North Side, don't know whether it will be in or out of the City, {2) what Rio Grande is going to do to develop their area down there, what the attraction of traffic, how many filling stations, they will hav~ in the C-2 zoned area etc., (3) the establishment of a joint regional planner and that has to do with filling stations or possible location or locations at the airport or the new industrial area ou.t in that nec'k of the woods. I just~ think that now is not the time to zone for additional filling stations, maybe in six months there will be a much'elearer pattern shown aw.:to where they should go. James Thorvilson - I am an attorney from Boulder. I represent the people who are the owners of the property at the southwest corner of Main and Original which I believe is the corner'jnst as the street' curves down here~ one of the properties.that are in question. Two people involved are Byron Wells and Mr. Shattoc'k, I have Mr. Shattock with me this afternoon. Essentially we wo~ld lfke to request the Council consider the property that we are interested in for rezoning to allow the construction of a service statinn site on i.t. We have been contacted by an oil company. We are not going to stand up here and say that we haVe not. We have been in negoiati~ns with an oil company that have approached us on it, The'y essentially would lfke to pic'k up the property. W~eel that the property'in its location ~ou%d be a good location for a service station. Its in an area, that is not fully residentially developed. Across the street there is vacant property to the east is where the river goes through there is additional vacant land; It is ~n the main highway, the re'location of the highway coming-over Independence Pass wout~ mm'ke this a good location from the service station standpoint as you will have t'he traffi'c by it,~ The people.that we have been tal'king with have done a traffic count. Figure there ~on.!85~e 3,000 cars a day by there. We realize that there has been':some discussions and plans by the Council for redoing the downtown, something.of this nature. We feel this particular site, that we are talking about, is far enough away from the downtown area that we won' cause any problems with anything that might be proposed or planned for downtown.. And it is still close enough it still gives us access to it from most every place and fairly easy access. The question, I did attend the Planning and Zoning meeting that was held here a couple of weeks ago, one of the questions that was raised was the area north of the Hotel Jerome as I understand it is the only area in town that is zoned C-2 which allows gas statioms. The question raisedat that time was why was tRis area not acceptable to a gas company. Very fran'kly, I didn't 'know the answer and I wanted to find out. I tal'ked to the Enco people and asked them the same question. They informed me that it was their opinion.that when you are tal'king aboUt a station of the caliber and the cost that they are going to put up that they need the full exposure possible. They agreed With me that the residents will find a gas station regardless of where you put it. Probably the skiers will find it. The question is you Can't depend on this alone. YOU get a real volume of summer tourists traffic up here as I understand it and this is alss needed'to bring this thing into reality to mske it economically feasible, And if you put this thing in any other location other perhaps than on the main highway, you defeat this. You lose this advantage to service station operators. They are contemplating an expenditure on this thing of in excess of $80,000 not including the ground cost. So you can see they are not talking about peanuts. And they need to be pretty well assured they are going to get a return on it. Councilman Kuster - How long have these people owned this land your tal'king about. James Thorvilson - The present owner of the property is a man ~y the name of Robert Ray who purchased it from the City of Aspen several years ago. 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Ua asnoq ~ pIInq ~ouu~o aa ~q~ as~qoand o~ sn ao~ aAySUadXa os s! f~adoad aq~ pue Im!Oaa~oo pauoz ~ou s ~oayd aelnoY~md syq~ aswa sIq~ uI ~n~ -fi~u!paooo~ pauoz nou s u! amoq im o~ aoop ~xau uo!~s ~uI:II!~ 'w~A~qo~ aM!I ~,uplnoa I asn~oaq X~aadoad ~u!~aH anof au aoop ~xau uoi~js ~u!II!~ ~ ~uIA~q o~ ~uI~oa~qo f~aadoad ~uao~[p~ aA~q ~mq~ nof suoI~S s~s ~o II~ aas XIUIm~aao I pum X~=~doad s!q~ ~o saauao a~U aq~ ~o auo mm I - ~oo~qS UqOF ,891 Regular Meeting Aspen CitylCouncil March 10, 1969 Gas Stations middle of next week so in effect we have purchased the property. Hearing Councilman Kuster - Aren't you just going to wait till we make a decision to buy it or ~ not to buy it. John Shat~ock - Absolutely not, because i have $20,000 earnest money. Marge Fisher - I would like to 'know why you bought it when it is not zoned properly and whether it will be in the City or not. Mayor Barnmrd - Let me straighten you out right now, Marge, so that you won't be guessing about it. It is zoned C-1 where you can have a parking garage with a repair facility gas station is an accessory use. It is in the City till the Supreme Court throws it out. Macge Fisher - I don't understand. He says he dosen't want to build that ~kind of a station, that is very clear. He only wants to build a filling station and I certainly oppose it. That is my livtihood, that is my home for apartments, I don't want all oil cans and Mayor Barnard - In defense of the City Council and myself~ I would like to point out one thing and that is this. A number of years ago we moved the boundary of the C-1 out to Original Street. If~my memory serves me correctly, we did not hear a great a ' deal of cry about it. I also remember that after we did this, Mr. G rrlsh, bless his soul, who owned the property where his mother used to live, when this happened he immediately sold this land for a great sum of money. It seems to' me that this is a two way street. Some of you may feel that this was not a good thing to do while others are very happy that we did it. I really thin'k that when you say that this is residential area, well maybe it used to but it isn't anymore. Marge Fisher - Why is a City Planner hired, the taxpayers pay for it and they have designated a place for filling stations and yet nobody wants it there and it looks like the obvious thing. Mayor Barnard - Just a~minute- Marge, let me read.>a letter now~, you mentioned planners, I am glad you did this. This is a letter from Jerry Brown dated August 1967 and I'll just read it verbatium. "It was envisioned in the General Plan that the automobile and its need would be catered to in the proposed parking garages and on the proposed shopping center on D & RG land which seemed a distinct possibility at that~ime~, 1965. Since neither of these projects hasmaterialized and the problem of the automobile remains, we must make some provision for service stations on land presently available for purchase. My feeling is that service stations should be located on Highway 82, provided control over curb-cuts and par'king is maintained. We have at least three alternatives: 1. Allow stations throughout C-1 2. Extend C-2 into present ~C-1 3. Create C~la District to con.tinge C-l-restrictions while allowing stations -subject to the Bo~d of Adjustment. ' ~ I favor the third alternative because: A. We know where we want stations, so to place burden of restricting them to Highway 82, wo id in effect, be zoning through ~Board of Adjustment. They could get numerous requests for areas where we have no intention of permitting stations. A district (C~iA) wo~Id be a guide to applicant's. B. ~o exten~d C-2 along main street wuould permit some uses which could prove detrimental to the face of the town such as vehicle and equipment sales, rental and repair, fabrication of building components, etc. C. The C-IA app=~ach satisfies State and constitutional requirements that any use permitted in a district be allowed throughout the district while retaining a public hearing~ on each location. ~. . I feel that 4 lots - 12,000 square feet is the minimum area that the Board of Adjustment should consider for~ .a new s.tation lo~ation.. Remodeling an existing station or a combin- ? ation station and related use proposal ~o~ld then be judged as unique instances by the ! Board. This would allow the presnt Chevron Station to be remodeled on 6,000 sq.ft. I I question the C-1 rear yeard 10% as this wof~l-d create a storage area possibility kehind i the station. Being a one-story structure, stations would not be able to take advantage of building over the reserved ground space. Also all station deliveries can be accommodated from the front of the lot. $92 Regular Meetzng Aspen Czty Counczl March 10, 19 9 egress,,sidewal'k~I The Board of Adjustment should consider l~t:area.'~ curb cuts,~access and Gas Stations continuity, and building plans when grantmng approval, Hearing I feel the initial C-IA district should include one-half block along both sides of main street from the western edge of C-1 to Spring Street. The Original Street i~ter- section could be included when property lines and street rights of way are firmed up. Eventually the west side of Original to Cooper could be similarly zoned." Mayor Barnard - So you see what you siad is~not true. Jerry Brown favored just exactly what some of us are here to speak about. William Dunaway - In his letter.he stated that the railroad ground is unfeasible. Just last week they~announced~that that was~going through, there will be a shopping center down there. Mayor Barnard - WellI am not questioning what you say, I am just reading you what- Jerry Brown said. Councilman Kuster - There is a bunch of people here who have been here for years and years. How many of those people are we going to drive out of this town to Basalt, and get a bunch,that we don't want in this town. Mayor Barnard - Let me answer your question, Kuster, by asking you another one. How many of these condominiums are you going to'allow tobuild and drive people like Georgia Jones out of her home-.. This is what is h~ppening. What do you do to prevent that, nothing. Nothing stays the same. Councilman Benninghoff ~ I want to tell you something, Bob, I thin'k we will be doing something about it. ~ - ' · Mayor Barnard-~Well, I hope so; I just want to point out.that if you think-your going to 'keep everything just the same and have everybody protected the way it~was 20 years ago, there is no way to do this. Councilman Benninghoff - Nobody expects it, Bob. People who have owned property in the areas that we are discussing for many years or life time residents of the community, have the right to be protected as far as possible. We do offer two possible sites, they may not be the best sites, in the community or anywhereas near it, but I still think we are meeting the requirements of what the l~w~says. We do have places for this type of business. As far as the gasoline business in this town 9 months of the year the traffic stops here in town~ No traffic goes through. .They can find any filling station in town - 9 months of the year that applies. Three months of the year the road does permit through traffic over the mountain. So you don't need that kind of a location to. get the business for about 9 months of the year. Mayor Barnard - Well, John, you have made the most mysterious switch in your position. Because the last time I talked to you about this you were in favor of zoning the west side of Original. You were also interested in zoningthe corner on Cooper Avenue across from the Buc'khorn for gas statians. Councilman Benninghoff - Just a moment. I suggested those he considered along with thi~ one is what I asked for. If you were going to do just one, I didn't think it was fair to just take one corner of one location. I thought you could run all along 82 up to Cooper Street including the one on the corner up there. That was my feeling in the matter. Carla Cutting - Everybody seems to be so concerned about what property is acceptable to the gas station. The gas stat~ion is not acceptabte~to me or many of the people around here. So if acceptability counts, we don't accept it. Councilman Bergman - I would like to add my comments here. I'd li~ke to stand on my record. I would ~not li'ke to see Main Street~become a gmsoline alley. And in view of what is happening down the valley, I think there will be ample room for gas stations down there. C. M. Clark - I just don't see what the hurry is to rezone with the 4 or 5 factors that I previously stated that are presently being worked on mhd the contemplating and planning stage. Mayor Barnard - Butch, could I answer your question by quoting you the date on this letter -August 3, 1967. C. M. Clark - I disagree with J~erry Brown on~a lot of things. Mayor Barnard - Its not a matter of disagreeing this isn't just a thing we started talking about last week. $93 Re~iar~ Meeting Aspen City Council March 10~ ~1_96~ Gas Stations C.M. Clark - Well bear in mind one thing, if there was a great need for it, this Hearing room would be jammed with people demanding that you zone for a gas station.. I am not saying that that is good, bad or indifferent. I just thin'k with the things hanging fire, we are being real hasty doing this. I think that by the end of this i summer, we wilt be able to make a real legitimate decision on it~. Major Barnard - I doubl that we will be any better off after this next summer than we are now. . f Councilman Kuster - I don't want you to be buffaloed by those pictures. Those pictures all loo'k ~beautiful but you look at every gas station we have here, they are all practically junk yards. And I don't blame any of these people. Mayor Barnard - Well if the gas stations aren't the way they are supposed to be, why don't you do something about it. Councilman Kuster - We've got a lot of ordinances, but nobody does anything about them. John Shattock - I am sorry to: stir everybody up about it. Mayor Barnard - Your not the first one, so don't worry about it. John Shat~oc'k - When this property was zoned commercial, you should have really jumped on it then. Because now, you realize we can build,, we are not going to do this, but we could build as they say without rezoiing a garage there, a repair garage. That dosen't bave to meet any aesthetics. I am sure that all of you being here in Aspen andhaving property that is now zoned commercial or adjacent to commercial 'know all the many things that can be built on that commercial ground other than a hourse or 1 leaving it vacant like it is. Now as far as the other stations loo'king bad, Mr. Kuster, I'll grant you that all but one of the other stations on quite small pieces of grou. nd instead of a big .piece of ground lfke this~and it app.ears.~that~ to me from looking at humble oil stations throughout Colorado, the ones that are near residential areas in Boulder are all extremely neat and nice and architectually as pleasing as a filling station can be. CoUncilman Kuster - I heard that same song and dance years ago. John Shat~oc'k - Well we are.going to buy-the property and we are going to build something on it. Kelly Nicholson '- This is a ipublic :hearing and I haven't heard anyone speak for this except the owners of the property. Councilman Benninghoff - They aren't the owners yet, they intend to be. C. M. Clar'k - I question a repair facility. I don't find it in C-1, I.t is definitely disallowed under the new Title XI as of 1966. He may have a par'king garage but not a repair facility. · John Shattoc'k - I thought you were the one who mentioned this. C. M. Clar~k - No, I didn't Mrs. Ware- I thin~k that in 66 we did not fight the C-l, because we.were not in the City. ' Mayor Barnard - That part of town has been in and out of the City so much that it is hard to remember. Administrator Wurl - I thin'k they were out of town. Joan Lane - I question the morals of buying a verY expensive piece of property and expect a change in zoning to go through so he can make a large amount of money. Councilman Kuster - Thats true. Mayor Barnard - Well again, what he does with his money, I don't think is any of your business or any~of ours. ~We are trying to figure out a problem here for the town, whether or not we~should rezone this ground for service stations. If he makes ii a pile of money thats his bag; Joan Lane - Why is he forcing this. Mayor Barnard - He is not forcing us to do anything, Mrs. Ware - When they put the highway through there, wasn't it because that is one of the places in town where the Roaring For'k met the highway and they dalled it a beauty spot or whatever. Regular Meeting Aspen City Council March 10, 1969 Mayor Barnard - No, the reason was we were ~trying to get the highway out of the middle Gas Stations of town. I would also like to remind you Mrs. Ware that we bought a good piece of Hearing ground from you~ Dad to put' that road azound Dorothy Mfk~kelsen ~- If you will remember, Rt. Barnard, it was under threat of condemnation. Mayor Barnard - If you will recall, we went and asked him in a very friendly way,. I know because I went and talked to him myself. Mrs. Ware - He had a better offer formore money than the City paid. Mayor Barnard - I didn't know that, but for one minute I did not threaten him. Robin Molny - Jerry Brown did tell me and other peo~ple that seeing the river was secondary motive to bringing the highway around that corner. Marge Fisher - I would lfke to know why there is so much against having it off the highway say a bloc~k and that is the nicest spot on. the highway through, the ~own really. What is wrong in having them off the highway really, they do this for freeways. John Shattock - This particular site with a station on it would not block the view of the river, wou~it, by cars goring around the cur~e.. This is on the inside of the curve where all that excavation. f Marge Fisher - This station i~s, but if you put.~z~±zng stations there someday nobody will want anything .else and.-then you'll have a string~of them along the other side. John Shattock - W&ll~I don~t 'know about that, I am only interested in this property. Mayor Barnard Well Marge, the Texaco station didn't keep Hodge-Oliver from taking up a whole block there. ~That ~didn't seem to s~low them down any. Marge Fisher - But that is a different problem. Mayor Barnard No,-it* isn't. Your going to have this whole area that we ,are tal'king about now built up with the same kind of thing that has built up the base of the mountain. It will only be a matte.= of year's thats ~all. John Shattock - I wold like to make one other remark. Mr. Bergman says he dosen't want Main Street to become a string of filling stations there are quite a few filling stations on Main Street now, aren't there. Mayor Barnard - Two John Shattock - By having one more filling station o.n~Main,S.treet Councilman Bergman - I call that a string John Shattoc'k - You can't make the other ones be~t~rn down. Councilman Bergman - No, I don't think I would want that. John Shattock - What would you say if t had told you, that I had made an arrangement with the Sinclair people to move that Sincla~ station out from where it is and put it down on our property. Would you look at it differently. Councilman Kuster - No, listen those people have been here for years and I have to listen to them. They have put me into office and I don't want to drive them out of ~own, just because you come into this town. Mayor Barnard - That is not what h~ as'ked you Mr. Kuster. Councilman Kuster - I answered the question with the way I feel. Councilman Bergman - Until a different alternate sites come up, I'll see what happens. Mayor Barnard - I do think, Council, that you ~have a real problem with that Sinclair Station up at that corner. I have thought so for 5 or 6 years and certainly it would be a good idea if there was some way that we could get it out of there. Because by Mr. Brown's s~atement tha that is potentially supposedly your pedestrain area. As long as that gas station is there, it will never be that .... Councilman Bergman - Until better prospects come up other than where the railroad tracks are, I thi~k we should hold pat. 895 Regular Meeting Aspen City Council March 10, 1969 Gas Stations C.M. Clar'k - He projected that if this would happen wihh'Sinclair, how would you ,,, Hearing peoPle feel if there were existing 2 or 3 stations out at the airport or in that industrial area out there and another 2 or 3 stations down on the Rio Grande property. How would you feel about that, because that is a very distinct possibility. Mayor Barnard - That would be fine, but they are. not the~e. C. M. Clark - What I am saying is it is a distinct possibility within a year. Councilman Clymer - May I ask Butch what area is zoned by the airport. C. M. Clark - Well they are working on it right now, Trafton Bean is working on it. That area is going to be rezoned this year, definitely. What will be done, I don't know. Counciman Benninghoff - Butch, as I understand it, when they bought that p~operty from Mrs. Paepcke there was nothing but County buildings could go out there. C. M. Clark - No, that is not true. Councilman Clymer - Your not talking about the County property anyway are you. C. M. Clark - No. Would that not vary your thin'king now if they were in existence and there is a good distinct possibility that both locations will be. This would give us enough time to delay it at least through this building season. Councilman Kuster moved to close the public hearing, on gas stations. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster aye; Bergman aye; Benninghoff aye; Clymer aye. Councilman Kuster moved to table, location or locations for gas stations. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Clymer aye; Bergman aye; Benninghoff aye; Kuster aye. 8th Street Virginia Chamberlin appeared before Council to request the re-opening of 8th Street which was closed for sledding. She's't~ted that there are not enough children using the street and further stated there is only one fire hydrant in this area which if a fire occured, would cause the fire department to have to go around the block. Councilman Clymer moved to re-open 8th Street on March 17th. Seconded by Councilman Benninghoff. Roll call vote Councilmen Kuste~ aye; Benninghoff aye; Clymer aye; Bergman aye. Rocky Mt. Gas Rocky Mountain Natural Gas - The franchise tax for 1968 in the approximate amount of Franchise ~7200 was submitted to Council. Ord. #5 ORDINANCE #5, SERIES OF 1969 - Ordinance relating to height of buildings and scale control was submitted to Council. It was reported that following the last regular Height, open space meeting two requests were made one for a 6 story building height limit and one for an 8 story limit. Robin Molny, Vice Chairman of the Planning and Zoning Commission outlined the changes made in the original ordinance calling for 10 story ~eight limit as follows: 1. 40% allowable floor space MUST be 2 stozies (minimum) 2. Remainder can be in structure or st~ructures up to 62' in height. 3. 25% open space required 4. Seven stories maximum 72' Mr. Molny further stated in the ordinance which has been prepared errors were found and recommend the City Council do not act on the ordinance this date. CouncilmanKuster stated he felt that we should not go any higher than the Opera House ten story buildings should be over. by the SmuggLer Mt. where nobodys view will be affected. Councilman Clymer stated he was primarly concerned with fire protectiQn. State laws state that you cannot force volunteers to go over_~35' Councilman Bergman stated he wanted the height, to remain its present limit and still require the open space. Discussed the requirements for a Class A building as relates to fire protection. $96 Regular M~et~ing Aspen City Council March 10, 1969 Mayor Barnard questioned Mr. Molny if by using the height limit of 4 stories cauld Height, Open the same concept be used. Mr'~ Mol~y answered that it could not be done. Mayor Space Ord. Barnard questioned if the entire C-C zone were covered with this concept what wo~ld _ the percentage of open space be, Administrator Wurl reported it would be 73.9% including streets and also dedicating the area over the open space. Mr. Molny stated once you get'below the~8 stories the~proposal is~ea'kened. Councilman Bergman moved that the Planning and Zoning work on a proposal of keeping the present height limit of 40' and open space of 25% of the total lot area from the street back. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Bergman aye; Benninghoff aye; Clymer aye; Kuster nay. Motion carried. ORDINANCE 96, SERIES OF 1969, AN ORDINANCE AMENDING THE OFFICIAL CODE OF THE CITY OF Ord. 96 ASPEN, COLORADO, BY ADDING A TITLE TO BE NUMBERED XII, CHAPTER 1, SECTION 1 THRU 12, Subdivision Reg. RELATING TO SUBDIVISION REGULATIONS, AND DECLARING AN EMERGENCY TO EXIST was read in full by Finance Direc:tor Flewelling for the first time. (See motion for approval later in the minutes). ORDINANCE #7, SERIES OF 1969, AN ORDINANCE AMENDING TITLE III, OF THE ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO DEPARTMENTS OF THE CITY OF ASPEN, COLORADO Ord. 97 was read in full for the"first time by the ~City Clerk. Engineering Dept. Councilman Kuster moved to adopt Ordinance 97, Series of 1969 as read in full dn first reading and order the same published. Seconded' by Councilman Bergman. Roll call vote - Councilmen Kuster aye; Benninghoff aye; Bergman aye; Clymer aye. Stock Transfer - Magnifico's Liquor Inc. Ail required forms were submitted to Council Magnifico's Liq. by the City Clerk. Council reviewed the file. Council agreed to meet in executive session following the Council meeting with Mr. Mfklicb to discuss confidential information in the file. RESOLUTION 92, SERIES OF 1969 as follows was read in full by Administrator Wurl: Resol. Planner RESOLUTION SerYeY Y9 9-: WHEREAS, the Mayor and City Council of the City of'Aspen, Colorado, have received a joint memol~l requesting that the governing bodies of the City and County do the following: A. Establish a Regional Council of Governments or other appropriate organization to coordinate planning of public projects in the City and County; and B. That such organization immediately engage'a resident professional planner and staff; and WHEREAS, the Mayor and City Council of the City of Aspen, Colorado, are charged with the preservation of~the p~b'lic peace, health and welfare of the citizens of'Aspen; and 7~HEREAS, the Mayor and City Council of the City of Aspen are also extremely interested in the establishment of some type of Metropolitan Government; and WHEREAS, the Mayor and City Council have long been' aware that one of the most important needs of the City and County has been the employment of a full time resident planner; and WHEREAS, the Mayor and City Council have Iong supported legislatian at the State level that would allow local governmental entities to combine the operations of various departments; and WHEREAS, it appears that the Colorado General Assembly has'~indicated that they are going to give favorable consideration to a proposed amendment which if passed by the people would give the Cities and Counties and other governmental agencies authority to establish a Regional Service Authority under which the various units cooperate; and WHEREAS, it is the desire of the Mayor and City Council to cooperate with all governmental agencies in supporting any program beneficial to the City of Aspen and the County of Pitkin; NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Aspen, Colorado, that the City Council ~5r the City of Aspen, Colorado does hereby lend and pledge its' support in the employment of a full time professional planner responsble to the County Commissioners of Pitkin County and the City Council of the City of Aspen until such time as an authority is established. This support is subject to the availability of the funds necessary to support the operations of a Planning Department. The City Clerk of the City of Aspen, Colorado, is hereby directed to forward copies of the within Resolution to all entities of interest. Planner Administrator Wurl reported HUD funds would be available the 1st of ~uly for this purpose. Cost of this department would run approximately $4500 a month. Councilman Muster made a motion to adopt Resolution #2, Series of 1969 as read in full. Seconded by Councilman Benninghoff. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman aye. Ord. #6 Subdiv. ORDINANCE #6, SERIES OF 1969 - Councilman Benninghoff made a motion to adopt Reg. Ordinance #6, Series of 1969 on first reading and order the same published. Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. Administrator Wurl reported Mr. Molberg is requesting the City pay ~r the cost £nsurance Claim of his windshield which was broken in crossing the dip on the corner of Hopkins Molberg and Hnnter. It was pointed out that this is a bad dip and is not marked. Insurance company had refused to pay the claim since there were not witnesses and also recommend the City not pay the claim as'it would set a precedent. Councilman Kuster moved that the City pay for Mr. Molberg's wi~shield and a warning sign be installed. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; Clymer aye; Bennlnghoff aye; Bergman aye. Burrough's Machine - Finance Director reported this machine has been phased out and Burrough's Mach. request authorization to call for bids. Original cost 5 years ago was $6,000. Require a minimum of $2,000. Councilman Beninghoff moved to au.thorize the ~dvertising of bids for the resRle of the Burroughs Machine at a minimum of $2,000. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; Benninghoff aye; Bergman aye; Clymer aye. Capital Improvements - Administrator Wurl reported he had not had time to make Capital Imp. copies of the program. Request Council schedule a meeting with the County Commissioners Budget for March 18th to discuss the allocation of the County-wide sales tax. Also request CouncCI meet prior to this date to establish priorties on the capital improvements program. Council agreed to meet with the County Commissioners on March 18th. Legislative Meeting - Administrator Wurl reported he attended this meeting and had a ..~.~ Leg. Meeting chance to discuss with many of the legislators the bills which the City is interested in. These bills seem to look favorable in passing. Wurl also reported the b~ll relating'to Metro ~overnment has enough sponsors in the Senate and House to pass so it looks pretty definate that it will be on the bRllot this fall. Dam - Castle Creek - Wurl reported the Bureau of Reclamation will be scheduling Dam-Castle Creek a date so thatAspen can meet with them in Glenwood Springs rather than meeting in Salt Lake City. Correspondence - Letter from the State Highway Department relating to a four-way Traffic stop on Main Street was read by Mr. Wurl. Also correspondence relating to the study requested by the City for the school zone was read by Mr~. Wurl. State reported they will support our requests. Councilman Clymer stated he was perturbed with the two hour parking, no one is 2-hour parking receiving any tic~kets. Discussed the hiring of a temporary employee to handle this. Council agreed to authorize Administrator Wurl to hire someone on a part time basis for enforcement of the two hour par~king. Mayor Barnard requested Council think about the up coming election as relates to Election Wards the wards. Presently have 5 wards. Discussed all Councilmen running at large. Administrator Wurl also request Council thin'k about how.many Counci~en they wish. At one time Council mentioned they would like to see 6 Councilmen on the Council. Mt. Rescue Don. Mountain Rescue Donation - Mayor Barnard brought to Council's attention this donation as it was promised some time ago. Councilmen Benninghoff moved to authorize $300 donation to Mountain Rescue. Seconded by CounCilman Bergman. Roll call vote Councilmen Bergman aye; Kuster aye; Benninghoff aye; Clymer aye. Councilman Clymer moved to go into executive session, seconded by Councilman Kuster. Ail in favor, motion carried. Councilman Clymer moved to come ou~ of executive session, seconded by Councilman Kuster. Ail in favor, motion carried. M§gnifico's Councilman Kuster moved to grant a. sto¢~k transfer in Magnifico's Inc. to Adolph and Grave Mfklich. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Benninghoff aye; Kuster aye; Bergman abstain. Motion carried. Councilman Benninghoff moved to adjourn at 6:30 p.m., seconded by Councilman Bergman. All in favor, meeting adjourned. k---~Lorraine Graves, City Cler'k