HomeMy WebLinkAboutminutes.council.19670403 Regular Meetin8 Aspen City Council April 3~ 1967
Meeting was called to order at 3:45 p.m. by Mayor Barnard with Councilman Stapleton,
Kuster, McEachern, and City Administrator Wurl.
Mayor Barnard opened ~he Public Hearing on the application for beer, wine and
Liquor Lic. spirituous Liquor License for the Wheeler Opera House'Theatre Bar. Application and
Wheeler Opera forms required by Council were submitted by the City Clerk and reviewed by Council.
House Theatr~
Bar Donald Swales, Applicant, stated the bar would be an English Type Pub, no entertainment
light meals for after theatre crowd.
Administrator Wurl stated the applicant, as per liquor license instructions, is required
to furnish a prepared map showing existing outlets. The map submitted was prepared by
the City.
Donald Swales stated occupancy would be between 50 and 60 at full capacity.
Councilman Clymer arrived.
Mayor Barnard asked if there were any remonstrances or further comments on the
application. There were none.
Councilman Stapleton made a motion that the application for beer, wine and spirituous Wheeler Opera
liquor license by the Wheeler Opera House Theatre Bar be tabled at this time, a decision Homse Theatre
will be given by the City Council to Donald Swales in writing within a two week period. Bar Liquor
Seconded by Councilman~Clymer~ ~Roll~call vote*,~Councilmen McEachern aye;.Clymer aye;~ License
Kuster abstained; Stapleton aye; ~Motion carried.
Mayor Barnard closed the Public Hearing on application of the Wheeler~OperaHouse Theatre
Bar.
Mayor Barnard opened the Public Hearing on Tico's of Aspen application for Beer, wine- Tico'. rLiquor
and Spirituous Liquor License. ~ . ~ ~ . Licens~
Application and forms as .requi~ed~by Council.was.~submit~ed~by~he City,Clerk and
reviewed by Council. As per request by Council the following letter and restraining
order are made a~part of~the~record: _~ ~, ~
The City Council
City of Aspen
Aspen, Colorado
Gentlemen:
I am enclosing a copy~of a temporary restraining order, entered by District Judge
Clifford H. Darrow on March 27, 1967, which order is pertinent to the liquor license
application of Anthony T. Canino d.b.a. Tico's.
You will notice that the order restraining and enjoins Anthony T. Canino from placing
in operation or enforcing any of the terms of a purported assignment o~ lease from
Hampel, Power, Ramsay, Inc. to Anthony T. Canino and Carrel Pease, which document,
entitled Assignment and Acceptance, is dated March 2, 1967.
/s/ Walter F. Hampel, Jr.
President
~/s/ R. H. Goodin
Secretary
HAMPEL, POWER, RAMSAY, INC.,
Plaintiff,
vs TEMPORARY RESTRAINING ORDER
ANTHONY T. CANINO and the
WISCONSIN C~LOR~tDO CORPORATION
Defendants.
This cause came on to be heard on plaintiff's complaint and motion for a temporary
restraining order and the affidavit submitted therewith.~ It appears to the court that
the defendants are committing acts, or are about to commit acts, as set forth in
plaintiff's complaint, and will continue to do so unless restrained by order of this
~ou~'t~ and that irmnediate and irreparable injury, loss and damage will result to plaintiff
before notice can be served and a hearing had on plaintiff's motion for preliminary
injunction. Unless defendants are restrained, it appears to the court that defendants
will put the lease assignment into operation and effect, depriving plaintiff of the use
of the demised premises and of possession of the equipment therein.
It is therefore ordered, that defendants, their agents, servants, employees and attorneys
and allpersons in active concert and participation with them, are hereby restrained
and enjoined from placing the assignment in operation or from enforcing any of its
terms. The court hereby suspends and restrains the operation, enforcement and execution
of the lease assignment adverted to in the complaint.
It is ordered that plaintiff shall first give security in the sum of $2,500.00 for the
payment of such costs and damages as may be incurred.or suffered by any party who is
found to have been wrongfully enjoined or restrained, such bond to be approved by the
court or by the clerk of the court.
It is further ordered that this order shall expire after ten days after entry, unless
within such time the order for good cause shown is extended or unless the defendants
consent ghat it may be extended for a longer period.
Finally it is ordered that the plaintiff's motion for a preliminary injunction be heard
on the 6th day of April, 1967, at 10:00 o'clock A.M.
The court orders that copies of this order (and of plaintiff's complaint and motions
for temporary restraining order and preliminary injunction and the affidavit submitted
therewith) together with proper summons be immediately served upon the defendants.
Issued at 2:00 p.m. March 27, 1967. Done in Chambers at Aspen, Colorado.
/s/ Clifford H. Darrow
District Judge
.............. Regular Meeting_ .......................... ~.~i~._q~jl April 3, 1967
Mayor Bernard asked if there were any remonstrances or comments on this application.
There were none. ·
Councilman McEachern made a motion the application for Tico's of Aspen be tabled
! pending the out come of the suit on the restraining order which pertains to th~ lease.
Tico's Liquoi Seconded by Councilman Stapleton. Roll call vote - Councilmen Stapleton aye; McEachern
License aye; Clymer aye; Kuster abstained. Motion carried.
ORDINANCE #~, SERIES 1967, AN ORDINANCE AMENDING TITLE VIII, CHAPTER 1, OF THE
Ord. #5 ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO PUBLIC WAYS AND PROPERTY AND
.Sidewalks,Curb DECLARING AN EMERGENCY TO EXIST was read in full on second reading by the CityClerk.
Cuts
Councilman Stapleton made a motion to adopt Ordinance #5, Series 1967 on second
reading as read in full. Seconded by Councilman McEachern. Roll call vote - Councilmen
Kuster aye; Clymer aye; McEachern aye; Stapleton aye.
ORDINANCE #3, ~ERIES 1967, AN ORDIHANCE AMENDING TITLE XI, CHAPTER 1, OF. THE ORDINANCES
Ord.#3 Zoning OF THE CITY OF ASPEN, COLORADO, PERTAINING TO ZONING AND DECLARINGAN EMERGENCY TO
EXIST was read in full by the City Council.
Councilman McEachern made a motion to adopt Ordinance #3, Series 1967 as read in full.
Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; McEachern aye;
C~ymer aye; Stapleton aye.
ORDINANCE #6, SERIES 1967, AN ORDINANCE AMENDING TITLE VII, CHAPTER 1, OF THE ORDINANCES
Ord. #6 -Trash OF THE CITY OF ASPEN, COLORADO, PERTAINING TO HEALTH AND SANITATION AND DECLARING AN
EMERGE-NCY~T-O EXIST was read in full 'for the second time by the City Clerk.
Councilman Kustermade a motion to adopt Ordinance #6, Series 1967 as read in full for
the second time. Seconded by Councilman Stapleton. Roll call vote - Councilmen
Stapleton aye; Clymer aye; McEachern aye; Kuster aye.
ORDINANCE #7, SERIES 1967, AN ORDINANCE~AMENDING T~ITLE V,~CHAPTER 4, OF THE ORDINANCES
Ord.#7-Rooming OF THE CITY OF ASPEN, COLORADO, PERTAINING TO LICENSES AND PERMITS AND DECLARING AN
House License EMERGENCY TO EXIST was read in full for the second time by the City Clerk.
Councilman Stapleton made a motion to adopt Ordinance ~7, Series 1967 on second reading.
Seconded by Councilman Kuster. Roll call vote - Councilmen McEachern aye; Kuster aye;
Stapleton aye; Clymer aye.
Minutes - There being no corrections to the minutes as mailed, all in favor of approval
of same.
Councilman Kuster made a motion to approve the renewal of rooming house license for
Agate Lodge the Agate Lodge. Seconded by Councilman McEachern. Ail in favor, motion carried.
License
The following names were submitted for the position of deputy police magistrate:
Guido Meyer, Frank Johnson, Stan Johnson.
Deputy Police. !
Magzstrate Guzdl Councilman Kuster made a motion to appoint Guido Meyer as Deputy Police Magistrate.
Seconded-by Councilman MCEachern. Roll call vote - Councilmen Stapleton aye; McEachern
aye; Clymer aye;; Kuste= aye.
Administrator Wurl submitted a resume of the gasoline bids as follows:
Gasoline Bids American Oil*Company $ 2334.17
Chevron Oil Company 2401.81
Texaco 2434.09
Sinclair Refining 2524:.51
COntinental Oil Company 2528.11
Cordray Oil Company 3034.52
Councilman $taplton made a motion to acqgpt the bid of American Oil for $2334.17.
Seconded by Councilman Kuster. Roll call vote - Councilmen Kuster aye; Clymer aye;
McEachern aye; Stapleton aye.
Unde=ground Parking - Administrator Wurl reported~the questionnaire have been received,
Parking will submit this to the Planning and Zoning, then would bring this back to Council.
Restoration Opera House - Tabled
Street Improvement District #6~-1 - Administrator Wurl reported 42.2% of the district
St.Imp.#67-1 has signed. Request Council continue the meeting till Monday, April 10th for pre-
sentation of.the petitions.
582
Regular Meeting Aspeh CitylCouncil April 3, 1967
Administrator Wurl reported a copy ~of a Resotution~passed by the City of Longmont was
received supporting House Bill 1198 Section 24 relating to County Clerks not Sales Tax House
registering an automobile until the sales and use tax is paid. Wurl asked Council if Bill
they would like to go on record of being~in suppo=t of this, most cities are supporting
the bill. ~ :
Councilman Clymer made a motion to authorize Administrator Wurl to notify the proper
parties the City Council unanimously supports House Bill #1198. Seconded by Councilman
McEachern. All in favor, motion carried.
Councilman Stapleton made a motion to authorize Administrator Wurl to notify the proper
parties the City Council unanimously supports House Bill #1141 - Sales Tax. Seconded
by Councilman McEachern. All in favor, motion carried.
Street Improvement #66-1 - Administrator Wurl stated report had been received on bad
spots of paving center of Hyman and Durant. S~ould have been 4% of soil cement, test St.Imp.#66-1
showed only 1%. Corn Construction to handle under guarantee.
Administrator Wurl request permission to have Eldorado Engineering make 10 core tests
at a cost of $557.50.
Councilman Stapleton made a motion to authorize Administrator Wurl to spend $557.50
to Eldorado Engineering for 10 core drill tests. Seconded by Councilman Kuster. Roll
call vote - Councilmen McEachern aye; Clymer aye; Stapleton aye; Kuster aye.
Golf Course -Administrator Wurl submitted copies of a lease ~or the golf course, Wurl Golf Course
stated under this lease the City would not have control of the water. Lease also refers
to seven local citizens which is a carry over from another lease. Wurl stated he felt
this should not be in the lease. Discussed length of lease.
Approximate cost to the City would be $1,000 a~month plus an initial $1,000 to start
with for fertilizer and tools. Council agreed they would like to pursue this and
when available make this a permanent thing. Need for estimate on monthly expenses .
and substantiate the cost of the lease.
Councilman McEachern made a motion to authorize Administrator Wurl t° work Out details
on the golf course lease with the United American Insurance Company. Seconded by
Councilman Kuster. Roll call vote - Councilmen Clymer ayg; Stapleton aye; Kuster aye;
McEachern aye.
Administrator Wurl reported through March sales tax up 8%, rooming house tax up 2%,
and cigarette tax down 2% from last year.
Swimming Pool - Mr. Leonard Thomas made the following offer to the City. Cost of Swimming Pool
lease $1500 a year'. Would cost $1000.for general improvements which Mr. Thomas, due
to being out of the country, asked the City to pay and ~educt from first years lease
payment. Mr. Thomas would pay $2000 to repair the filter system and piping.
Councilman Stapleton ;made a motion to authOrize Administrator Wurl to enter into a
lease for the swirmning pool with Leonard Thomas for $1500 a year. Also include in the
lease that the City may pay $1000 for initial general improvments and is to deduct
this amount from first years lease payment; and Leonard Thomas is to pay $2000 for
repairs to the filter system and piping. Seconded by Councilman McEachern. Roll call
vote - Councilmen Kuster aye; Stapleton aye; McEachern aye; Clymer aye.
Administrator Wurl stated the applications have been sent.for Federal Grants for Glory ~lory Hole-Bavari~
Hole Park and Bavaria Park. Park Grants
Councilman Stapleton asked Council if the City Planning and Zoning would consider setting
aside a designated area for installation of the two gas stations that would be affected Highway 82-
by the change in Highway 82. . Zoning
Tom Benton, Chairman of Planning and Zoning, stated this is already being considered
by the Planning and Zoning. Jerry Brown, Planner, stated he would have some changes on
Title XI ready in a month for consideration.
Council agreed Administrator Wurl should attend the Federal Aids Clinic in Denver.
Councilman Stapleton Dade a motion to continue the meeting till April 10th at 3:30 p.m.
Seconded by Councilman McEachern. Ail in favor, motion carried - 6:00 p.m.
Lorraim Graves, City Clerk