HomeMy WebLinkAboutminutes.council.19651115 Regular Meeting Aspen City Council November 15, 1965
The meeting was called to order at 3:45 PM by Mayor Pro-tem
McEachern. Present were Councilmen Kuster, Barnard and Stapleton, Attorney
Tam Scott and City Administrator, Kerrigan. Mayor Pabst was absent.
The accounts payable were given to Councilman Kuster to check.
The minutes of the previous regular meeting of November 1, 1965,
were approved, with the following correction - "after tabling, it was
decided to forget the matter of water rates for a mining company."
Mayor Pro-tem McEachern read a letter from Fred. Hendy and. Ken
Moore, dated November 84 1965, re keeping portion of East Bleeker Street
open. This had been checked out by Attorney Scott, and he advised Council
that City is not in a position to do anything. A quit claim deed was
issued on East Bleeker. St. on May 16, 1962, and Mr. Scott suggested that
Council take no action at this time.
Councilman Kuster moved for the suspension of Rule 19 and for
the~ payment of the City's bills. Motion secOnded by Councilman Stapleton. Acct. Pay.
Roll Call vote - Councilmen Barnard aye; Kuster aye; Stapleton aye.
Liquor License - Knight Club - Gulden Horn - Mr. McEachern
read letter dated November 5, 1965, from Attorney Leslie Gross, and copy
of letter dated November 4, 1965, from Marry PodmOre Hedin to Hubert Knight Club
Erhard. Discussed - and Attorney Scott advised, as two court actions
remain unheard, Council should not pass on liquor license applications
until decisions are rendered by the court. Attorney Stanley Bender
told Council it is the intention of the Knight Club, Inc. to re-open
as indicated in the letter to Hubert Erhard. Mrs. Hedin said she had
talked with Waldman (lessee of the Pantry) regarding providing food if
necessary.
A motion was t~en made by Councilman Stapleton to table the
liquor license application of the Knight Club, Inc., pending outcome
of the court action. Motion seconded by Councilman Barnard. Roll. Call
vote: Councilmen Bernard aye, Stapleton aye; Kuster abstained. The
motion carried,
Application for 3:2 Beer License - Hunter Creek Restaurant Co. 3:2 Beer
dba The Seventh Son - reviewed. Leonard Lookner, Vice President of the Hunter Creek
Hunter Creek Restaurant Co. - said he had submitted lease to premises Res.
to Mr. Kerrigan - they have lease for one year and intend to remain
there as long as present building is in existence, and they plan to
move into extended building if feasible. For entertainment - they plan
to have live entertainment, movies, discotheque; sandwiches for food.
Their cash investment is $5,000.00 and they are in a position to invest
more if necessary, but they would not put more in building as it now is,
as it may be pulled dow~ in one year. Councilman Bernard asked how
much money is now available, and. he said they can apply for a loan.
Councilman Bernard then referred to present loan and said he does not
like to see them open with in§ufficient funds, and does not see evidence
of funds available. Mr. Lookner said information had been furnished
t~Mm~Kerrigan, and that he will verify funds. Councilman Stapleton
said he feels they should have enough funds to carry on business after
initial investment, and Councilman Bernard added that it is up to the
applicant to verify funds. Mr. Lookner asked for a conditional license,
and was informed that the law does not provide for this.
Mr. Kerrigan said he had run a credit check on the three
members of the corporation - was able to check two but could not find
anythin~ on the third member. He said Mr. Lookner had asked if anything
else was needed. Mr. Kerrigan said he told them additional information
regarding,funds would be required, and he did make this clear to partner.
Councilman Bernard said proof of funds is necessary. Councilman
Stapleton referred to State requirements and LoOkner said premises are
operable. Mr. Lookner said he would write a check to the Hunter Creek
Restaurant Corporation for $2,200.00.
Attorney Scott advised that Council could approve the application
subject to financial position being substantiated within a few days.
Mr. Lookner presented petition for the 3:2 Beer License, bearing
221 names, and this was reviewed by Council. Lookner said he had checked
with the National Forest Service and the Ski Comporation for growth
in Aspen. He said there are now two 3:2 Beer establishments in Aspen,
one of which is a night club, and said they serve both the City and the
County, and he drew attention to the fact that there had previously
been a 3:2 beer license in effect in the bowling alley.
Councilman Bernard then moved that the 3:2 Beer application of
the Hunter Cheek Restaurant Corporation, dba the Seventh Son, be approved
proviRed they fulfill the statement made regarding financial status
within a week. The motion was seconded by Councilman Stapleton.
Remonstrances -
Don Fleisher - owner of Galena Street East and Pinocchio's,
referred to cost of putting in decent public facilities and maintaining
good establishments and referred to previous operation not now in
-operation, i.e. Dipsy Doodle, Heidelburg, Corrina. He also said that
he turns, people away during about tw~ weeks ~]n winter, and rarely
during the su~er. He referred to the length-of time his places
had been in existence, and the need to provide additional capital to
cover any loss.
Cpuncilman Barnard said he does not f~el the City Council has
any duty to protect existing operations from competition, bu~t should
only see that outlets are good, and well run.
Mr. Lookner said, in justification of his application,
that the bowling alley was in operation with the needed facilities.
Mr% John Philpott, the local liquor license enforcement officer,
asked when the application was filed- (October 15, 1965) ahd referred
to rules for Council outlined in the State Code.
There were no further remonstrances - Blaise Colt, President
of the Hunter Creek Restaurant Corporation - referred to' additional
backing of $25,000.00, and said Lookner has $8,000.00.
The Mayor Pro-rem then called for the vote on the motion.
Roll call; Councilman Stapleton aye; Kuster abstained; Barnard aye.
Motion carried.
Liquor License The applicatiOns f6r the renewal of liquor licenses ~r the year
Renewals 1966 were then reviewed.
1966
Glenrose Drug Store a motion was made by Councilman Stapleton,
seconded.~by Councilman Barnard to approve the renewal application of Glenrose
Drug Store - liquor licensed drug store. There were no remonstrances. Roll
Drug Stores call vote Councilman Kuster abstained; Councilmen Barnard aye; Staple-
ton aye. Motion carried.
Aspen Drug Store - a motion was made by Councilman Barnard, seconded
by Councilman Stapleton - to-approve the renewal application of the Aspen
Drug Store - liquor licensed drug store. There were no remonstrances. Roll
call - Councilman Kuster abstained; Councilmen Stapleton aye; Barnard aye.
The motiOn carried.
Matthew Drug Store- a motion was made by Councilman St~pleton,
seconded by Councilman.Barnar~, to approve the renewal application of ~
Matthew Drug Store - liquor licensed drug store. ~here were no remonstrances.
Roll call - Councilmen KUster abstained. Councilmen Stapleton aye; Barnard
aye. The motion carried.
Club Eagles' Club - a motion was made by Councilman Barnard,seconded by
Licenses Councilman Stapleton~ to renew the club liquor license of the Eagles Club.
There were nO remonstrances. Roll call - Councilmen Barnard aye; Staple-
ton aye; Kuster abstained. The motion carried.
Elks' Club - a motion was made by Councilman Stapleton, Seconded
by Councilman Barnard to mpprove the renewal application-club liquor license-
of the Elks' Club. Rm~R~a~xx. There were no remonstrances. Roll call vote-
Councilman Stapleton aye; Kuster abstained; Barnard aye. Motion carried.
Beer and Wine The Paragon Restaurant~- copy of lease has been filed with City.
Licenses A motion was made by Councilman Stapleton to approve the renewal beer and
wine application of the Paragon Restaurant. Motion seconded by Councilman
Barnard.~ There were no remonstrances. Roll call vote- Councilman Kuster
abstained: Councilmen Barnsrd aye; Stapleton aye. Motion carried.
T~e Mountain Chalet -Councilman Barnard asked about dollar volume
on a license -as this is a seasonal business, and Mr. Philpott replied, that
they can be open only three days ~f they want to. Councilman Barnard then
moved fo~ the approval of the renewal of the beer and wine license of the
Mountain Chalet. Motion-seconded by Councilman Stapleton. Mr. Philpott said
he ha~ not yet had a chance to inspect the premises due to absence of owner,
who has now returned and inspection will be made. There were no remonstrances.
Roll call vote Councilman Stapleton aye; Kuster abstained; Barnard aye.
The motion carried.
Retail Liquor Paul's Liquors - A motion was made by CoUncilman Barnard, secdnded
Stores by Councilman Stapleton, to approve the retail liquor store ~ application
of Paul's Liquors. Motion seconded bY Councilman Stapleton. There were no
remonstrances. Roll call vote - Councilman Barnard aye; Kuster abstained;
Stapleton aye. The motion carried.
Louie's S~rit House a motion was made by Councilman Stapleton,
seconded by Councilman Barnard, to approve the renewal application for retail
liquor store-of Louie's Spirit House. There were no remonstrances. Roll call
vote - Councilman Kuster abstained. Councilmen Barnard aye; Stapleton aye.
Motion carried.
Magnifico Liquors, Inc. - a motion was made by Councilman Barnard,
seconded by Councilman Stapleton, to approve the renewal application for retail
liquor store of Magnifico's Aiquors. There were no remonstrances. Roll call vote- Liquor
Councilman Stapleton aye; Barnard aye; Kuster abstained. Motion carried. License Renewals
1966
The Abbey Bar and Restaurant - a motion was made by Gouncilman Stapleton
seconded by Councilman Barnard, to approve the beer, wine and liquor renewal ap- Beer,Wine
plieation of the Abbey Bar and Restaurant. There were no remonstrances. Roll and Liquor
call - Councilman Kuster abstained. Councilmen Stapleton aye; Barnard aye.
The motion carried.
Aspen Alps Club - a motion was made by Councilman Barnard, seconded by
Councilman StapletOn, to approve the beer wine and liquor renewal application of
the Aspen Alps Club. There were no remonstrances. Roll call vote - Councilman
Barnard aye; Stapleton aye; Muster abstained..The motion carried.
The Buffet Room - a motion was made by COuncilman Stapleton to approve
the beer, wide and liquor renewal application of the Buffet Room. Motion seconded
by Councilman Barnard. Discussed - whether Heinz Wolf will be here to operate
restaurant, and fact that no one else could use his license. Roll call Council-
man Kuster abstained; Councilman Stapleton aye; Barnard aye; The motion car-
ried. There were no remonstrances.
The Centre of Aspen - A motion was made by Councilman Barnard, seconded
by Councilman Staple ton- to approve the beer, wine and liquor renewal application
of the Centre of Aspen. Roll call Councilman Kuster abstained; Councilman
Barnard aye; Stapleton aye~ The motion carried. There were no remonstrances.
The Chart House - a motion was made by Ceuncilman StaPleton, seconded by
Councilman Barnard - to approve the beer, wine and liquor renewal-application of
the Chart House. There were no remonstrances. Roll call - Councitrmn Barnard aye;
Stapleton aye; Councilman Kuster abstained~ The motion carried.
The Glory Hole a motion was made by Councilman Barnard, seconded by
Councilman Stapleton, to approve the beer, wine and liquor renewal application
of the Glory Hole, There were no remonstrances. Roll call - Councilman Kuster
abstained;. Councilmen Stapleton aye; Barnard aye. The motion carried.
Guido's SwiSs Inn - a motion was made by Councilman StapletoD seconded
by Councilman Barnard -~ to approve the beer,wine and liquor renewal application
of Guido's Swiss Inn. ~here were no remonstrances.Roll call - Councilmen Staple-
ton aye;Barnard aye; Councilman Kuster abstained. The motion carried.
Frontiersman s Bar- Hotel Jerome -a motion was made by Councilman
Barnard, seconded by Councilman Stapleton, to approve the beer, wine and liquor
renewal application of the Frontiersman's Bar. ~here were no remonstrances. Roll
call - Councilmen Barnard aye; Kuster abstained;. Stapleton aye. lhe motion
carried.
S~romberg's - Independent Restaurant Co. - a motion was made by
Councilman Stapleton, seconded by CouncilmanBarnard- to. approve the renewal appli-
cation of Stromberg's for beer wine and liquor. There were no remonstrances.
Roll call - Councilmen Stapleton aye; Barnard aye; Kuster abstained. The
motion carried,
The Lodge - a motion was made by Councilma~ ~tapleton, seconded by
Councilman Barnard- to approve th& renewal application for beer, wine and liquor,
for the Lodge~ There were no remonstrances. Roll call - Councilman Kuster
abstained: Councilman Barnard aye; Stapleton aye. The motion carried.
The Red Onion- a motion was made by Councilman Barnard, seconded by
Cou6cilman Stapletoni. to approve the renewal application for beer, w~ne and liquor
for the Red Onion. here were no remonstrances. Roll call - Councilman Kuster
abstaihed: Councilmen Stapleton aye; Barnard aye. The motion carried.
The Roman Lion - a motion was made by Councilman Stapleton, seconded
by Councilman Barnard, to approve the renewal application of The Roman Lion for
beer, wine &nd liquor. There were no remonstrances. Roll call - Councilmen
Barnard aye; S~apleton aye; Kuster abstained. The motion carried.
The Silver Chicken - a motion was made by Councilman Barnard, seconded
by Councilman Stapleton, to ~pp~ove the renewal application of the Silver Chicken
for beer, wine and liquor. ~h~re were no remonstrances. Roll call vote- Council-
men Stapleton aye; Kuster abstained; Barnard aye. The motion carried.
Gray's Smuggler Inn -~a motion was made by Councilman Stapleton, seconded
by Cduncilman Barnard- to approve the renewal application of Qray's Smuggler Inn
for beer, wine and liquor. There were no remonstrances. Roll call - Councilmen
Barnard aye; Stapleton aye; Kuster abstained. The motion carried.
The Steak Pit - a motion was made by Councilman Barnard, seconded by
Councilman Stapleton'to approve the renewal application of the Steak Pit for beer~
wine and liquor. There were no remonstrances. Roll call - Councilman Staple-
ton aye; Kuster abstained; Barnard aye. 'Motion carried.
The Woodlander - A motion was made by Councilman Stapleton to approve
the renewal application of the Woodlander for beer, wine and liquor. Motion
seconded by Cduncilman Barnard. Mr. Hampel~informed Council that they intended
to put archway in wall into premises formerly°known as Sunnie's fqr folk music.
They have permissio~ of owner, and need Building Inspector's O.K. It would not
be a new license but would be an extension of the present operation. Discussed-
lease is with Gallun, and no problem is involve~. Attorney Tam Scott said that
429
Aspen, Colorado Regular Meeting Aspen City Council, November 15, 1965 continued.
Attorney Petrie does have something to do with Sunnie's, but this would not be
relevant to the Woodlander. There were no remonstrances. Roll call vote - Council-
Renewals man Stapleton aye; Kuster abstained; Barnard aye. The Motion carried.
Liquor Lic.
1966 The Crystal Palace - a motion was made by Councilman Barnard, seconded
by Councilman Stapleton to approve the renewal of the beer, wine and liquor license
for the Crystal Palace. There were no remonstrances,. Roll call - Councilmen-
Kuster abstained: Barnard aye; Stapleton aye. '£he motion carried.
The Motherlode - See Minutes of October 4, 1965 - approving issuance~f
beer, wine and liquor license effective January 1, 1966.
C '
Transfer of Liquor License - Sun-Sut orporatlon - application filed
November 10, 1965 to be heard at meeting of December 6, 1965. CoUncil wants
to be sure lease is cleared. Attorney Scott said Mr. Petrie does have something
on this matter.
Attorney Scott referred to agreement - purchase of land for new
Easement City dump - 50 foot buffer zone and provision for "no nuisance suits". Dis-
on Dump cussed - 60 foot right-of-way. A Motion was made by Councilman Barnard to
authorize the Mayor and City Clerk to execute the agreement, with property
description attached thereto and provision for easement.
Motion seconded by CounCilman Stapleton. Roll call vote - Councilman
Kuster aye; Stapleton aye; Barnard aye.
Easement - Mike Marolt - A motion was made by Councilman Kuster,
Easement seconded by Councilman Barnard to accept the offer of Mike Marolt - $250.00 for
Mike Marolt an easement to connect with the Snowbunny water system. Roll call vote -
Councilmen Stapleton aye; Kuster aye; Barnard aye.
Mr. Kerrigan referred to bill of Robert HAll Construction - and said
Payment $400.00 had been deducted due to delay, and cost due to damage had also been
Robert Hall deducted. A motion was made bY Councilman Kuster to suspend Rule 19 and to pay
Const. $6,649.66 to Robert Hall Construction. Motion seconded by Councilman
Stapleton. Roll call vote - CoUncilmen Barnard aye; Kuster aye; Stapleton aye.
Mr. Kerrigan informed Council that Handwerk is within the Sanitation
Waterline District - and a motion was made by Councilman Stapleton, seconded by Councilman
Agreement Barnard, to authorize the Mayor and City Clerk to execute the waterline
Handwerk agreement. Roll call vote Councilman Kuster aye; Stapleton aye; Barnard
~ aye.
The City Administrator referred to need for new rate for all-el~ctric
All-Electric heating, and new rate ordinance recommended by the P.U.C. which would be
Heating Rate adopted by resolution. Discussed - condominiums and room rental tax. Mr.
Kerrigan is to give copies of proposed change in rate to Council for review,
and this matter was tabled until the meeting of December 6, 1965, upon motion by
Councilman Barnard, seconded by Councilman Kuster and carried with all Councilmen
voting aye.
Councilman Kuster referred to tree planting holes left in sidewalks,
Sidewalk and hazard created. Discussed - planting of evergreens- and Mr. Kerrigan
Tree Plantin is to make arrangements with Hank Pedersen for this.
Councilman Kuster asked Bill Dunaway when cable TV will be in effect-
Cable TV Mr. Dunaway explained difficulties ehey had encountered - and said they expected
to be in operation by January 15th.
Councilman Kuster referred to trash on sidewalks - this and condition
Trash of alleys was discussed and Mr. Kerrigan is to take th~s up with the Police
Chief.
Councilman Stapleton asked Mr. Kerrigan to obtain information regarding
home rule cities and charters.
Mayor Pro-rem McEachern read letter from the Planin~ and Zoning Comm-
Fire Escape ission approving fire-escape on the Roaring Fork Building - wish insurance
Roaring Fork protecting the City. November 12, 1965. A motion was made by Councilman Barnard,
Bldg. seconded by Councilman Kuster, to approve and to instruct the City Attorney
to prepare easement, and the Building Inspector to issue a building permit
for the new fire escape for the Roaring Fork Building. Roll call vote - Councilman
Barnard aye; Kuster aye; Stapleton aye.
Mr. McEachern read letter from Tony Berumin dated, November 10, 1965,
Annexation re annexation to the City of Sunny Park Sub-division and watermain extention.
K
Berumin Petition for annexation has not yet b~en presented to City. Mr. errlgan is
compiling information for policy on Watermain extensions. Council will hold
request for survey.
Mr. McEachern read card of thahks from Ted Armstrong for City's
contribution to the Recreation program.
430
Regular Meeting Aspen City Council November 15, 1965 Continued.
Councilman Barnard asked Mr. Kerrigan why City's insurance f'~
coverage is not bein~ put on bid, and after discussion, a motion was made Insurance
by Councilman Barnard, seconded by Councilman Kuster that information on Coverage for
insurance is to be gathered by Mr. Kerrigan. Roll call vqte - Councilman Bid
Stapleton abstained - Barna~d a~e; Kuster aye. the motion carried.
Discussed - Crawler-Tractor and Council reviewed bids. Discussed-
purchase of dump completed before purchasing - County participation - the Dump-Crawler-
Commissioners indicated ~reference of a Caterpillar, and Council feels Tractor
"use" should be definitely established. It was suggested that representatives
talk to Council on this type of machine.
A motion was made 'by Councilman Barnard, seconded by Councilman
Stapletcn, to adjourn the meeting - at 6:30 PM. The motion carried.