HomeMy WebLinkAboutminutes.council.19660207 Regular Meeting Aspen City Council February 7, ~966
The regular meeting of the Aspen City Council was called to order at 3:45
P.M. by Mayor Barnard with Councilmen Clymer, McEachern, Kuster, Provisional
City Attorney Janet Gaylord and Administrator Wurl.
Discussed - Reading of the minutes. Councilman Kuster made a motion to Waive '
waive the reading of the minutes and to approve the minutes with one exception Reading of
change Provisionary City Attorney to Provisional City Attorney. Seconded by Minutes
Councilman McEachern. Roll call vote - Councilmen Kuster aye; McEachern aye;
Mayor Barnard aye.
The accounts payable were given to Councilman McEachern to check.
Ordinance ~23, Series 1965 - renumbered Ordinance ~3, Series 1966 Amending Ordinance
Title XI, Chapter 1, the Zoning Ordinances of the City of Aspen, Colorado to Series 1966
Provide Zoning for the Area Annexed to the City of Aspen, Colorado, by Ordinance Zoning Annexed
Mo. 16, Series 1965, and Declaraing an Emergency to Exist, was read for the ~rea
first time in full by Attorney Gaylord. Councilman McEachern made a motion to
adopt Ordiaance ~3, Series 1966 and ordered it published this 7th day of
February 1966. Seconded by Councilman Kuster. Roll call vote - Councilmen
McEachern aye; Kuster aye; Mayor Barnard aye.
Historical Society - Re-storage space in City Hall - Discussed - Council
stated they could have space until it was needed by the City at which time Historical
they would be given notice to remove their material. Society
Tony Berumen - Submitted his papers for annexation - Council referred this Annexation
to the Planning & Zoning Commission. Berumen
Denver & Rio Grand Western Railroad annexation - Administrator Wurl stated
he had not been able to contact all the people in this area. Administrator Annexation
Wurl to keep checking and to inform Council at next meeting. D&RGW
South Side Annexation - base of ski hill - Administrator Wurl showed Council
a map outlining the area discussed, plus enlarging the area to include Annexation
Calderwood, Riverside Subdivision and Ute ~Cement~ry. Council referred this South Side
annexation to Administrator Wurl.
Councilman Kuster made a motion to suspend Rule 19 and pay Robert Hall
Construction Company, and Thompson Pipe and Steel $3~958.49. Seconded by
Councilman McEachern. Roll call vote - Councilmen Kuster aye; McEachern aye;
Mayor Barnard aye;
Discussed - Opera House repair bills - Mayor Barnard stated the Institute Opera House
had paid for repairs last year which according to lease agreement with the
Institute should not exceed $600.00 per year. Last year they paid enough to
repairs to cover them for 10 years. Discussed - who to pay the bills. Council
instructed the City Clerk to check out a lease or agreement with the libr~r~
This matter was tabled till the Meeting on February 21st.
Sidewalks - Time Payments - discussed. Councilman Kuster made a motion not Sidewalks
to extend terms on time payments for sidewalks. Seconded by Councilman Clymer.
Roll call vote - Councilmen Kuster aye; Clymer aye; McEacherna~e.
It was confirmed with all Councilmen in agreement to hold the regular Time & Date
council meetings on the first and third Mondays of each month at 3:30 P.M.. Council Meetings
Hans Gramiger stated there would be more participation from the towns people
if the meetings were held after 5:00 P.M..
The applications for hotel and motel licenses were given to Councilman
Kuster to check.
A Resolution creating the Aspen Liquor Investigating Commission was read Resolution
by Attorney Gaylord. Attorney Gaylord stated from research no other city in Aspen Liquor
the State of Colorado has this type of thing. Discussed the Commission to be Investigation
only a fact finding commission, also if substitutions could be made if a per- Comm.
sonality conflict arose with one member on the commission and the firm being
investigated. Councilman Kuster abstained from the discussion and voting.
Regular Meeting Aspen City Council February 7~ 1966
RESOLUTION
Aspen Liquor
~ InVestigati~ W~IEREAS, the City Council of the City of Aspen is the
i Commision liquor licensing authority for the City of Aspen, Colorado; and W~EREAS, the investigation of the qualifications of
applicants for liquor licenses has proved time-consuming and bur-
densome to said City Counci; and
WHEREAS, the City Council of the City of Aspen desires to
establish a board of three persons for the purpose of carrying out
investigations of all applicants for liquor licenses of any kind in the
City of Aspen;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Aspen, Colorado:
1. That there is hereby created the City of Aspen Liquor
License Investigation Board.
2. That the initial members of said Liquor License Invest-
igation Board shall be: Bill Tharp, Chairman
Mike Garrish
Peggy Clifford
3. That persons selected for this commission shall assume
their positions immediately upon acceptance of same.
4. That the Liquor License Investigation Board shall have the
following duties in respect to each application for a liquor license
(includes retail liquor store license, hotel-restaurant license, drug
store license, beer and wine license, and club license) or fermented
malt beverage license (3:2 beer license); and change of location or
ownership thereof:
(a) The Board shall investigate and gather facts regarding
the character, reputation, citizenship and residence of
the licensee; and, if the licensee is a corporation, the
character and reputation of the officers, directors,
stockholders and members of such corporation owning more
than ten percent interest therein.
(b) The Board shall gather facts regarding the qualifications
of the applicant, and the Board may require such proof and
statements of financial ability as it deems necessary,
including personal and business credit ratings; and may
require the applicant to furnish copies of its articles
of incorporation or certificate of partnership; and may
require the applicant to furnish information concerning
the financial and management interests of any person
connected with the business. .~
(c) The Board shall investigate and verify any facts and
evidence furnished by the applicatn regarding:
(i) The reasonable requirements of the neighborhood
for the type of license for which application
has been made, and the desires of the ~habitants
as evidenced by petitions, remonstrances or
otherwise.
(ii) The number, type and availability of liquor outlets
located in or near the neighborhood under consideration.
(iii)Any other pertinent facts affecting the qualifications
of the applicant for the conduct of the type of business
proposed, and any other pertinent facts affecting the
Public interest.
(d) The Board shall require proof from the applicant that he is
or will be entitled to possession of the premises for which
application is made under a lease, or by virtue of ownership
thereof, and may require documentary proof thereof.
(e) The Board shall also determine whether, within two years next
preceding the date of the application, the City Council has
denied an application at the same location for the reason that
the reasonable requirements of the neighborhood were satisfied
by the existing outlets.
(f) The applicant shall file at the time of application complete
plans and specifications for the interior of the building,
if the building to be occupied is in.existence at the time.
If the building is not in existence, the applicant shal$,
in addifion tO the plans a~d specifications for the interior,
submit an archi~'S '~ing~Of the building to be constructed.
(g) The Board shall require a report of the City Building
Inspector showing that the premises conform to all requirements
of the building codes, and to determine that the applica~o~n~as
compiled with the architect's drawings, plans and specifications
submitted upon the application.
Regular Meeting Aspen City Council February 7, 1966
(h) One or more members of the Board shall visit and inspect the Resolution
plant or property in which the applicant proposes to conduct Aspen Liquor
his business and shall investigate the fitness to conduct Investi~ation~_~
such business of any person or the officers and directors of Commission
any corporation applying for a license.
(i) In the event that the City Council shall approve an application
before the building in which the business is to be conducted is
ready for occupancy, no license shall issue until such time as
a member of the board or the Building Inspector has made an
inspection of the premises to determine that the applicant has
complied with the architect's drawings and plans and specifications
submitted upon the application, and that such furniture, fixtures
and equipment is in place as is necessary to comply with the
provisions of the State Statutes.
5. The Board shall take the following actions on all applications, whether
for malt, vinous, or spirituous liquor:
(a) The City Clerk shall set a date for hearing of the application at a
regular meeting of the City Council, as follows:
(i) Applications for renewals of licenses issued pursuant
to Article 1, Chapter 75, C.R.S. 1953, as amended, will
be heard by the City Council at the first regular
meeting of the Council within 30 days after filing of the
(ii) Applications for renewals of all other licenses will be
heard at the first regular meeting of the Council in
November annually.
(iii) Ail applications for "new licenses" as defined by 75-2-38
(2) (a) ,C.R.S. 1953 will be heard at either the first
meeting in April or at the First meeting in October~
annually, that follows the filing of such applications
by at least 30 days.
(b) i~ot less than five days prior to the date of hearing, the Board
~!~- shall make a written report of its findings, based on its invest-
igation, a copy of which report shall be sent to the apPlicant,
other interested parties, and to the City Council.
(c) One or more members of the Board shall be present at the hearing before
the City Council, and shall present to the Council such facts and
evidence as may be available as a result of its investigation.
(d) After the public hearing before the City Council, the Board shall
prepare, in writing, a statement of the decision of the City Council
approving or denying the application, and stating the reasons
therefor. This report shall be prepared for the signatures of the
Mayor and City Council, and must be furnish-ed to the applicant with-
in thirty days after the date of the public hearing, and shall be
mailed to the applicant by certified mail, with a return receipt
requested.
6. SUSPENSION AND P~EVOCATION OF LICENSES: The Board shall have the duty
to investigate any complaints received regarding existing licenses, and shall
present to the City Council any facts and evidence which may come into its pos-
session, so that the Council may determine whether there has been a violation
of any reasonable restrictions which may have been placed upon the licensee by
the City Council, or any of the rules and regulations specified by the Statutes
thereto and pertaining, or any of the terms, conditions or provisions of the license
issued by the City Council.
The licensee must be given notice of the hearing on suspension or revocation,
and must be sent a Written notice by certified mail of any suspension or revocation.
7. RENEWAL OF LICENSES: An investigation shall be conducted by the Board
on application of renewals, and a hearing shall be held only when complaints
have been filed against the licensee, or when the needs of the neighborhood have
changed.
Councilman McEachern made a motion to adopt the Resolution as read?by the
Attorney. Seconded by CoUncilman Clymer. Roll call vote -Councilmen Clymer aye;
McEachern aye; Mayor Barnard aye; Councilman Kuster abstained.
Councilman McEachern moved to Suspend Rule 19 and pay the bills. Seconded
by Councilman Kuster. Roll call vote - Councilmen Kuster aye; McEachern aye;
C lymer aye.
455
Regular Meeting Aspen City Council February 7, 1966
Hotel & Motel Councilman Kuster made a motion to grant hotel and motel licenses to the
Licenses following:
~ Applejack Christiana of Aspen Holiday House Prospector
Aspen Alps Club Coachlight Chalet Independence Co. Ski Vue Lodge
Aspen Out Dormez-Vous Sepp Kessler St. Moritz
i Aspen Manor Edelweiss Inn &Chalet Little Red Ski Swiss Chalet
Bell Mt.Lodge The Falcon Inn Limelite Apts. Snowflake Apts.
Blue Spruce F loradora Meadows Viking
Boomerang The Garret Mountain Chalet Villa
Buckhorn Lodge Glory Hole Mountaineer Westerner
Bunkhaus Hearthstone House Nugget Ullr Lodge
Chalet Lisl Hillside Lodge The Pines Silver Queen
Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Kuster
aye; McEachern aye.
Confirmation of Special Meetings of January 24th and 31st. Councilman
~Confirmation of Kuster made a motion to confirm action taken January 24th adopting the Resolution
Spcial Meeting creating the Aspen Skiing Advisory Commission. Seconded by Councilman Clymer.
January 24th. Roll call vote - Councilmen Clymer aye; Kuster aye; McEachern aye.
~ Mayor Barnard read a letter of resignation from Deane Billings to the Aspen
Skiing Advisory Commission stating conflict of interest. Councilman Kuster made
Deane Billings a motion to accept Deane Billings resignation. Seconded by Councilman McEachern
i Resignation Roll call vote - Councilmen Clymer aye; Kuster aye; McEachern aye.
Aspen Skiing Advisory Commission requested the acceptance of Council to have
/ Guy,Hasty to Peter Guy on the commission to represent the restaurant owners and David Hasty
Aspen Skiing to represent the lodge owners. Councilman Kuster made a motion to appoint
Commission Peter Guy and David Hasty to the Aspen Skiing Advisory Commission. Seconded
by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Kuster aye;
McE achern aye.
Confirmation Councilman Clymer made a motion to confirm Tom's Market 3:2 license re-
Special Meeting newal as of the Special Meeting on January 31st. Seconded by Councilman Mc-
Eachern. Roll call vote - Councilmen McEachern aye; Clymer aye; Kuster ab-
Tom s Market stained.
· Police Magistrate - Discussed - Council agreed a change should be made and
Police Magistra~ decided to table this till the meeting on February 21st.
Councilman McEachern moved to accept the recommendation of the CityClerk
Deputy City Cler} to appoint Patricia Paddock as DepUty City Clerk. Mayor Barnard read a letter
of resignation f~om Charles Smith resigning as the Deputy City Clerk. Motion
seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; McEachern
aye; Clymer .aye.
The City Clerk stated the term of Phil Wright on the Board o"f Examiners
Appointments and Appeals was up the 13th of January. Council instructed the City Clerk to
check out and see if he can be reappointed another 2 years and if he Will
accept. An opening for a city employee on the Board of Ex~miners and Appeals
is open. Administrator Wurl to make a recommendation at the next meeting.
Councilman McEachern made a motion to reappoint Francis Whitaker upon his
acceptance to the Planning & Zoning Commission for another 6 years. Motion
seconded by Councilman Kuster. Roll call vote - Councilmen Kuster aye; Clymer
aye; McEachern aye.
Discussed - Final payment to M & M - On recommendation from Administrator
M & M Payment Wurl Council decided not to pay for the extra a~und M & M brought in for back
filling and embedding the pipe. Also not to pay for the extra 8" and 6" pipe
at this time until the ~eather is favorable to check ou the pipe. City will
not press damages for the extension of time needed by M & M. M & M to deposit
$3997.00 with the bank to cover the lien by Rocky Mountain Natural Gas. M & M
agreed to have the City take out of the final payment the amount needed tO
repair the pavement on Maroon Creek Road. Upon recommendation by Administrator
Wurl Councilman Clymer made a motion to suspend rule 19 and pay M & M $11,565.75.
Seconded By Councilman McEachern. City to retain $6548.14 for advertising.
Payment was figured on final estimate plus water damage minus the 6" and 8"
~ pipe. Roll call vote - Councilmen McEachern aye; Kuster aye; Clymer.aye.
Regular Meeting Aspen City cOuncil February 7, 1966
Discussed - New Dump - Administrator Wurl and Mayor Barnard met with the County
Commissioners and stated the Commissioners were agreeable to going 50/50 on the New Dump
purchase of the land plus the maintenance of the new dump. Commissioners Contract
stated they wished to own the dump jointly with the City and to have the City
Administrator manage the dump exclusively. Discussed - maintaining the dump
ourselves or contract it out. Council instructed Administrator Wurl to draw up
a contract spelling out the running of the dump.
Mayor Barnard read a letter from Attorney Stewart re-dump agreement with
Perry and David Christensen asking for interest at the rate of 5% from December
14th to January 27th on the unpaid balance of $95,000.00. Council decided not
to pay the interest and Councilman Kuster to talk to them.
Administrator Wurl stated to Council the dump will be ready to go by April.
Discussed - Highway 82 - Administrator Wurl stated he had talked to Ernie
Green and Ralph McCoy from the State Highway Department in Grand Junctiomnand Highway 82
Stan Dodson from the State Highway CommisSion, and they wished Council to state
definately their desire to reroute Highway 82 by way of Original Street.
Council stated their agreement to this and Administrator Wurl to handle.
Discussed - Administrator Wurl's moving expenses. Administrator Wurl stated Administrator
the cost would be $569.00 and Council agreed to pay the full amouht. Moving Expense
Fiscal Agent - Discussed - Administrator Wurl stated a need for a fiscal
agent to handle the details of refunding water bonds and new Rater bonds. Council Fiscal Agent
instructed Wurl to contact 2 or 3 firms and have them come to Council.
Discussed - Bid date on filtration plant, Council agreed and instructed
Administrator Wurl and Dale Rea to open bids on the 28th day of March, and Bids - Filtrat.
Council will award the contract on the 4th day of April at a regular council Plant
meeting. Engineering estimate is $550,000.00 which includes everything.
Dale Rea asked Council if they wished to include the Aspen Valley Development
Council stated if Horace Hendricks of Aspen Valley Development wOuld Pay the
difference ~for a larger pump than was originally planned, to figure it on that
basis.
Two letters were read by Administrator Wurl from the codifier, Mr. Hinds Codifier
asking Council if they wished any sections of the code made up in booklet form.
Also if we wished to have the ordinances upon passage coded. City Clerk was
instructed to check out if there is a difference in price whether they were
printed immediately or once or twice a year.
A petition was submitted by the residents and shop owners at the 500 block Parking'
on E. Hyman requesting alternate parking signs and enforcement, DiscUssed - ~lternate
change from alternate parking to no parking from 2:00 A.M. to 7:00 A.M. in
business district. Administrator Wurl and City Clerk to check out.
Administrator Wurl stated to Council the pipe corrison to the pipe samples
brought to Council from the Bell Mountain Lodge were not caused by Chlorine.
Administrator Wurl stated they had 19 frozen pipes and 17 have been thawed.
Councilman Clymer stated they are putting in thaw wires.
Administrator Wurl stated the Plan~ing and Zoning Commission and Roger
Mandke had asked Council for authorization for drawing up of a new up to date Zoning Map
official zoning map of the City. Council stated it would not be practical at
this time due to continuous applications for annexation.
Administrator Wurl asked Council if there is a policy for water extensions. ~ater Extensions
Council stated each request is handled individually due to a difference in each
situation.
$250.00 dues to Chamber of Commerce. Council decided to save for another
time.
Mayor Barnard read a letter from Roy Vroom re-need for lease law. Discussed-
Council stated the ordinance now in effect is adequate.
Mayor Barnard stated the third street petition had been circulated and Imp.Dist.
would be filed in the City Clerk's office for additional signatures and City ~2
Clerk to send out by certified mail to absentee owners. Council stated there
still is a need for circulators on Durant, Hyman, Hopkins and Cooper.
Discussed - Low cost housing - Thomas.Benton was present from the Aspen
Low Cost Housing Low Cost Housing Advisiory Commission. He presented Mr. Naussbaum from Boulder
who manages a similar operation in Boulder. ~r. Naussbaum showed Council
pictures of his place in Boulder, and asked Council if they were interested
enough for him to hire an architect to make drawings in order to. give Council
an estimate on the cost. Mr. Naussbaum submitted to Council an outline of an
agreement. Council stated they would take this under advisement. Thomas
Benton stated he would like to check out the base underground of the old dump
and also talk to Jerry Brown. Hans Gramiger stated he had clients interested
but not in the old dump site.
The following Resolution was submitted by the Aspen Skiing Advisory
Commission and read by the City Clerk:
RESOLUTION
Aspen Skiing WHEREAS, the Aspen Skiing Advisory Commission would like to take
Advisory Comm. the next thirty days to examine the following categories pursuant to their
study of setting up a Recreation District: 1) A legal o~i6n regarding
the matter of the creation of a Recreation District; 2) A general reaction
of the people of the community to the proposed Recreation District; 3) A
statement of the financial feasibility. Pursuant to the above, the Aspen
Chamber of Commerce has been approached at their last.meeting, and those
directors present voted unanimously for the Commission to pursue the
feasibility study for the ultimate forming of the proposed Recreation
Distr&~t,
WHEREAS, the Aspen Skiing Corp. was given very nominal lease terms
when it was formed twenty years ago with the understanding that it would remain
a vital force in the development of Aspen and it has not honored these
agreements. Also, the Aspen Skiing Corp. has been very restrained in its
support of a number of community projects and has not encouraged the most
healthy community development,
WHEREAS, the Aspen Skiing C~p. subsenquently raised children's
rates to an exorbitant price and eliminated special resident rates to the
effect of driVing many of the local citizens off Aspen Mountain,
WHEREAS, the Aspen Skiing Corp. is now engage~ in setting up a-
nother skiing area at Snowmass which could ~reate a conflict of interest
such as causing them to lower the rates in the new area to attact business
there, and possibly providi~g~ore publicity for the Snowmass area, and
! i constituting a detriment to the healthful development of the Aspen Community,
WHEREAS, the Aspen Skiing Corp., in the past, intimes of nee~'
has received assistance from this community, such as during the t~mes of the
Jeep lift, and a sum of money in the amount of $25,000 at 4% for ten year
notes, which provided a portion of the cost for the construction of ~3 Lift
on Ajax Mountain, and Aspen citizens have risen to the aid of the Corporation
in times of emergency such as during avalanche rescue, which assistance was
given wholeheartedly by the residents of Aspen,.
WHEREAS, Mr. D.R.C. Brown, in his letter to the Mayor has
d~scuss this matter in detail with properly
indicated a willingness to" '
authorized representatives of the Council",
THEREFORE, these duly authorized representatives who "really
mean business and are not motivated merely by a desire to harass" propose
to contact Mr. D.R.C. Brown, President of the Aspen Skiing Corp., and duly
pursue the necessary details, accounts, books, records, agreements,
contracts, Freehold Estates, leases options, etc., etc., of the AsPen Skiing
Corp., which must seriously be considered so an "offer made in good faith
(which)would place a fair valuation upon these properties" for their
event~l acquisition by the proposed Recreational District. (*Note: All
quotes are from Mr. D.R.C.Brown's letter to Mayor Barnard)
/s/ Joel t. Hartmeister
Chairman ~
Mayor Barnard stated he had received a call from Lufthansa German
Airlines re-Twin City with Garmisch, Germany, and they wished to trade
Mayors. Council made no comment.
Bert Bidwell was present stating to Council he wished to have the parking
Bert Bidwell
situation with Guido absolved. Administrator Wurl stated he had talked to
Guido -Parking Guido and Guido informed him he would not take down his Patron Parking Only
Sign sign. Council referred this to the Attorney.
i ~ Discussed delivery trucks being parked for long periods of time on
streets and in alleys. Administrator Wurl to alert police.
Counc~i~an Kuster made a motion to adjourn at 6:15 P.M.. Seconded by
Councilman Clymer. All Councilmen in favor and meeting was adjourned.