HomeMy WebLinkAboutminutes.council.19690214 Regular Meeting Aspen City Council February 14, 1969
Meeting was called by Mayor Barnard, Councilmen Clyde Clymer, Carl Bergman and Werner
Kuster for the purpose of discussing a possible solution to the litigation presently
pending- Coughenour and Stalder.
Meeting was called to order by Mayor Robert Barnard at 4:30 p.m., with Councilmen Carl
Bergman, Werner Kuster, Clyde Clymer, City A~torney Albert Kern and City Administrator Wurl.
Coug~enour, Coughenour, Stalder and Attorney Clinton Stewart invited but not present.
Stalder Liti-
gation Attorney Kern submitted the following memo to Council as relates to the executive session
held on February 11, 1969.
"On February 11, 1969, Jim Stalder and John Coughenour and Clint Stewart met with Leon
Wurl, Albert Kern, Werner Kuster, Carl Bergman and Clyde Clymer to discuss a possible solu-
tion to the litigation presently pending.
Coughenour and Stalder offered the following solution, if the City permits the issuance
of a building permit, no certificate of occupancy shall issue until the following condi-
tions have been met:
1. The building shall be connected to and receive a permit to hook up to a public sewer
system to the Aspen Sanitation District or the Aspen Metropolitan Sanitation District.
2. The litigants shall dismiss all litigation with prejucide.
3. Coughenour and Stalder shall use their best and continuous efforts to obtain suitable
road access from their property through the Aspen Alps property to the Aspen Alps road.
4. Coughenour and Stalder sahll ~onstruct a snow melt road, 22 feet in width, from their
property to Dean Dilling's property, with a finish maximum grade of no greater than 12%,
and shall maintain said road.
5. In the event Coughenour and Stalder are unable to obtain suitable access for ingress
and egress from the Aspen Alps property to the Aspen Alps road, they shall file for a
declaratory judgement in the District Court to determine the width of the public road
through Dean Billings property no less than 30 days prior to request for Certificate of
Occupancy.
Subsequent to this meeting, I spoke with Leon Wurl and then to Clint Stewart and the
following 6th condition would be agreeable to Coughenour and Stalder.
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Spe~i~ Mee. ting Aspen ~ity C°unci! February 14~. !969 .....
6. In the event the declaratory judgement proceedings determine that the road through
Dean Billings property is less than 18 feet, Coughenour and Stalder would pay the cost for Coughenour
condemnation of the road through Dean Billing's property, increasing the width to 18 feet.'Stalder Liti-
gation
Attorney Kern also reported he had contacted Attorney Stewar~ and his clients have agreed
to paragraph #6.
Mayor Barnard stated that there is already a traffic problem in that area, and the City
may have to bar traffic from that area entirely.
Mayor Barnard said that he objected to the various requirements being related to the cer-
tificate of occupancy in place of the building permit. Mayor Barnard also stated that it
was up to Council, but her personally opposed accepting this agreement.
Councilman Bergman and Kuster reported they expected full Council to be present. It was
pointed out that Councilman Benninghoff would be out of town for a month.
Attorney Kern reported they are going to try and get the road through the Alps, if declar-
aery judgement determines less than 18' road, City may condemn 18' wide strip through
Billings property, and they would have to pay the cost. No certificate of occupancy to
be issued until first 5 paragraphs have been met.
Councilman Kuster made a motion that no decision be made on this offer until full Council
is present. Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye;
Kuster aye; Clymer aye.
Councilman Bergman made a motion to instruct the City Attorney to contact Mr. Philip Roan
to file the brief in the Supreme Court within the time required. Seconded by Councilman
Clymer. Roll call vote Councilmen Bergman aye; Clymer aye; Kuster aye.
Councilman Bergman made a motion to adjourn at 4;50 p.m., seconded by Councilman Clymer.
Ail in favor, meeting adjourned.
(~ --~gorraine Graves, City Clerk
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