Loading...
HomeMy WebLinkAboutminutes.council.19711229 12 7 ~ Regular Meeting ............... App.gn City~Cp~i~ D~K~y...29, 1971 Meeting was called to order by Mayor Eve Homeyer at 4:10 p.m. with Councilmen Scott Nys- trom, William Comcowich, Ross Griffin, Jack Walls, Francis Whitaker, City Attorney Albert Kern, City Manager Leon Wurl, Finance Director Dennis Veede~:and School Represent- atige, Mango Dick'. Minutes Walls moved to approve the minutes of December 13th as prepared and mailed~by the City Clerk. Seconded by Councilman Comcowich. Ail in favor, motion carried. Peddler's of Peddler's of America Liquor Application - Attorney John Wendt was present and request America on behalf of the applicants to table the liquor application until January 24th meeting. Applicants willing to waive the 30 day requirement on the part of Council to make a decisi6n. Councilman Comcowich moved the Peddler's liquor application be continued per Attorney John Wendt's request until January '24th. Seconded by Councilman Walls. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Walls aye; Whitaker aye; Mayor Ho- meyer aye. Motion carried. Ptarmigan Ptarmigan Liquor License Transfer - Application submitted to transfer the liquor license Liquor License to the Ptarmigan Lounge from Yvan Tache Pro Shop. Ail papers required the City and State Transfer were submitted at the previous meeting of Council, December 13th. Councilman Nystrom moved to~ approve the transfer of liquor license to the Ptarmigan Lounge. Seconded by Councilman Comcowich. Roll call vote - Councilmen Whitaker aye; Walls aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Robert Kirchner Robert Kirchner, Refunding of Water Bond Issues - Mr. Kirchner was present and submitted Refunding of to Council and reviewed with Council a proposal to refund the outstanding water bond Water Bond issues of the City. Refunding would Save the city over the life of the refunding bond Issues issue under Schedule B-1 $107,839.87. Councilman Comcowich moved that the City proceed in accordance with Schedule B-1 and in accordance with the program as outlined by Mr. Kirchner. Seconded by Councilman Walls. Roll call vote - Councilmen Nystrom aye; Comcowicb aye; Griffin aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Manager Wurl stated his concern of obtaining additional bids. .! Coun~cilman C~mcowich moved to rescind the previous motion. Seconded by Councilman Walls ~ · Ail in favor with exception of Councilman Whitaker. Motion carried. Councilman Comcowich moved that the Finance Director-and City Manager be authorized to solicit other proposals using the same guidelines, and in the event none are forthcoming or not a substantial better deal, the City proceed with the Kirchner Proposal. Seconded by Councilman Walls. Ail in ~favor, motion carried~ Hike and Bike Hike and Bike Trails - Mr. Herb Bartel request permission to proceed with the filing for Trails federal grant money although money is not budgeted to match funds by the City. Outlined that if the money does not come in for the City, the application can be withdrawn prior to the granting of same. Councilman Griffin moved that the City pass a resolution to certify the budget expenditure · for the City's share of the money for hike and ~ike trails based on review in the spring of 1972 as to whether the money is available and if not to withdraw the application. Seconded by Councilman Walls. ~All in favor, motion carried. Council authorized Mr. Barrel to proceed with the application on the basis of the mot~n. Board of Adjust Board of Adjustment Appointments - Letters of interest were received from Jane Rohan ment Appointmen s and Fred Smith. Councilman Griffin moved to appoint Jane Rohan and Fred Smith for two year terms. Seconded ~by Councilman Walls~ Councilnmm Griffin moved and Councilman Walls mmeonded to withdraw the motion. Councilman Griffin moved to ask the two applicants to appear before the City Council at the n~xt regular meeting for interviews. Seconded by Councilman Walls. Ail in favor, motion carried. Berko Berko Request - Mr. Berko request~ the block of East'Hopkins between Mill Street and Mon- ~'~ Request arch Street be included in the two hour pa~ing zone. Councilman Whitaker suggest the i Council review the total area involved before increasing the zone. ~ Councilman Whitaker moved to table this request. Seconded by Councilman Griffin. Ail in favor, motion carried. i248 Regular Meeting Aspen City Council December 29,_ 1971 Mayor's Deed- Gussie Mae Anderson, et al - Councilman Walls moved to authorize the Mayor Mayor's Deed and City Clerk to sign the deed as prepared..Seconded by Councilman Griffin. Ail in favor Gussie Mae motion carried. Anderson Tom's Market 3.2 Beer Renewal - Forms were submitted. Councilman Griffin moved to approve Tom's Market the renewal. Seconded by Councilman Comcowich. Roll call vote - Councilmen Nystrom aye; 3.2 Beer Comcowich aye} Griffin aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Renewal Transfer of Liquor License from Stromber's to New House of Lum- Attorney Dwight Shellman Liquor License was present representing the applicants. Explained the new owners would be acquiring the Transfer - assests as well as the capital stock. A majority of the stock has been transferred, few Stromberg's to details still unresolved. Difficulty has existed in gaining materials from Mr. S'tromberg. New House of Lum Mr. Shellman stated he would be hand carrying this approved application to Denver in order to obtain the license before January 1, 1972. City Attorney Kern reported the application is in order, right .of possession has been pro- vided. Mr. Kern request Mr. Shellman explain the problem that has arisen in the' delivery of liquor to both the House of Lum, Inc. and House of Lum, Ltd. Mr. Shellman explained the confusion has arisen with the similarity of names and the lapse of time that took place when the transfer was made from House of Lum to the 81d Dominion Corporation.and notification to the liquor suppliers. The last time this happened Greta Lum took out what she wanted from the ordey and told the Rio Grande driver to look at the street address and to take it back. The question before the Council on this transfe is the suitability of the applicants. Sanitarian report was reviewed by Council. City Clerk reported from a telephone message received during the meeting, the Sanitarian had just closed the restaurant due to numerous serious health violations. Discussed tabling the transfer until the violations have been cleared up. Mr. Shellman stated the Council is only looking at a report and the applicants have not had a chance to review with the sanitarian the extenti~ of the health violations, feel the applicants do not deserve interruption of service. Council has other remedies in which to see that the violations are cleared up ~ suspension of the ~license or revocation. To table the license at this time would require a new application since a renewals.has not been applied for. '~'~ Councilman Comcowich questioned if the liquor orders were billed or on COD basis. Ms. Lum reported she received ~the bills for her merchandise, the Old Dominion Corporation received theirs. The mix-up came in the shipping of the merchandise. City Manager Wurl reported it was not the driver for Rio Grande who complained but the manager who felt they might become involved. He made the statement that when it was de- livered some of the boxes were opmned add some bottles taken. This pr~oblem was discussed with the local liquor inspector, Mr. Eller, who was to come to Aspen to check out same. Councilman Comcowich questioned if the operation were presently under a management agree- ment~ Mr. Shetlman stated yes, since June. The license shows stromberg's with a management agreement under the name of the House of Lum. The management agreement would terminate at the time of this transfer. Councilman Comcowich questioned the outstanding balance on utility bills for Stromberg's. Mr. Shellman explained Attorney Slemons has in a trust account $2,100 to pay off such bills. Mr. Forbes explained he had paid $1,000 on the bill. ~Finance Director Veeder in- formed Council the outstanding balance is $241.00 and Mr. Slemons says there is no money. City Attorney Kern explained it is incumbent on the City to collect the money from the people who have incurred same. Mr. Shellman stated he would request that the t~ust account that Mr. Slemons has be transferred to Mr. Shellman's trust account and will assure the City that the bill will be paid. Attorney Kern stated the transfer cannot be contingent on payment of the bill, the Council should consider the character of the transferee. Councilman Whitaker questioned if the Council. coqld look at the sanitarian's report as a part of the character of the applicant. Mr. Shellman stated he understood the City is using this as a leverage to clean up the violations, City.has other remedial measures that can be used rather than threatening this. license. Mr. Kinkade, Sanitarian, entered Could Chambers and reported there were such vi~lations as sewage dripping on the dishwasher, mouse turds, leakage on table cloths, dirty dishes on the tables and soap and water problems. Had problems two years ago with the Old House aL Lum and they agreed to put in a new kitchen, which they did. Reviewed with the 1249 ...... Regular Meeting ...... Aspen City Council December 29, 1971 Assistant Manager the problems and he agreed on all the points listed this date and agreed to a voluntary closure. The 1972restaurant license will be held up. Mr. Shellman stated the applicant will be as cooperative as possible, there have been no problems up to date, sure it can be worked out. Suggest that some of these problems re- sult from functional problems in the building. The owner of the building, Mr. Robinson, is not always willing to solve the problems. Mr. Kinkade sometimes editoralizes on the job. City Attorney Kern stated the Council could approve the transfer conditioned upon the issuance of the 1972 restaurant license. Mr. Shellman stated some of the health problems can be solved immediately and some cannot. Would request the City express approval of this transfer and the applicants involved. Council knows full well that if the applicants don't meet'the codes, the City can revoke the license. Councilman Griffin moved that the transfer of the license to the House of Lum, Inc. be granted. Seconded by Councilman Whitaker. Councilman Comcowich stated that if this is the habit of the way these people run their business, he would-not like any part of the transfer, the v~olations are gross and feel the transfer should be tabled until the problems are cleared up. Mr. Shellman stated to table this application would inflict economic dammge to these people and no crime has been proven. Councilman Whitaker stated he felt the sanitarian report is a reflection on the character of the applicants. Mr. Shellman stated the l~ase expires on the first of January. Councilman Comcowich stated it was not Council's'fault the~applicants came in on the 29th of December. Roll call vote a Councilmen Nystrom nay; Comcowich nay; Griffin aye; Walls nay; Whitaker nay; Mayor Homeyer nay. Motion not carried. Transfer not granted. Councilman Comcowich moved to table this transfer until the next regualr meeting. Seconded by Councilman Nystrom. Sanitarian Kinkade req~st Council view the premises following the meeting. Mr. Kinkade stated he would like to handle the violations under the restaurant license. Mr. Forbes, applicant, stated they would like to.involve the owner of the building, the applicants cannot do anything about the problems upstairs. Councilmmn Whitaker moved to approve transfer of the liquor license subject to applicant obtaining a 1972 restaurant license for the premises. Seconded by Councilman Griffin. Roll call vote - Councilmen Nystromaye; Comcowich nay; Griffin aye; Walls aye; Whitaker aye; MayorHomeyer aye. Motion carried. Ambulance Ambulance - Council request time to reviewthe proposed contract. Councilman Francis Whitaker left Council Chambers. Ordinance #33 Ordinance #33, Series of 1971 - Mayor Homeyer opened the public.hearing, there being no Model Traffic comments, Mayor Homeyer closed the public hearing. Code Councilman Walls moved to read by title only Ordinance #33, seconded by Councilman Nystrom Ail in favor, motion carried. ORDINANCE #33, SERIES OF~1971~.-AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE CITY OF ASPEN, COLORADO FOR THE PURPOSE OF PROVIDING A SYSTEM OF ~RAFFIC REGULATIONS.CONSISTENT WITH STATE LAW AND GENERALLY CONFORMING TO SIMILAR REGULATIONS THROUGHOUT THE STATE AND THE NATION; ADOPTING BY REFERENCE THE 1971 EDITION OF THE '~ODEL TRAFFIC CODE FOR COLORADO S'~' TOGETHER WITH AMENDMENTS THERETO; REPEALING ALL ORDINANCES IN CONFLICT MUNICIPALITIE ., THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF was read by title only by the City Clerk. Councilman Walls moved to adopt on second reading Ordinance #33, seconded by Councilman Comcowich. Roll call vote - Councilmen Walls aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Ord. #34 Ordinance #34, Series of 1971 - Mayor Homeyer opened the public hearing, there being no Water Rates comments, Mayor Homeyer closed the public hearing. Councilman Francis Whitaker returned to Council Chambers. 1250 Regu~r Meeting . Aspen City CoUncil D?¢ember 29, !9~! ....... Councilman Walls moved to read Ordinance #34 on second reading by title only, seconded by Councilman Whitaker, All in favor, motion carried. ~ ORDINANCE #34, SERIES OF 1971 AN ORDINANCE AMENDING SECTION 6, CHAPTER 3 OF TITLE III OF THE MUNICIPAL CODE OF THE CITY OF ASPEN ENTITLED "RATES AND CHARGES"~ REVISING WATER RATES INSIDE AND OUTSIDE THE CITY; REQUIRING RESIDENTIAL FLAT ~RATE SERVICE FEES ON SINGLE AND TWO FAMILY DWELLINGS, AND AMENDING SUBSECTION (A) of SECTION 7, CHAPTER 3 OF TITLE III OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, ELIMINATING METERS FOR SINGLE AND TWO FAMILY DWELLINGS FROM THE DATE OF THIS ORDINANCE, AND AMENDING SUBSECTION (B) OF SECTION 9, CHAPTER 3 OF TITLE III OF THE MUNICIPAL CODE OF THE CITY OF ASPEN INCR~SING WATER TAP CHARGES~was read by title only by the City Clerk. Councilman Walls moved to adopt on second reading Ordinance #34, Series of 1971. Seconded by Councilmmn Comcowich. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Resolution #25 - Tabled. Resolution #26, Series of 1971 was read in full by the City Clerk. Res61ution #26 Ute Cemetery Resolution~No. 26 Land - Park Series of 1971 WHEREAS, Fredric A. Benedict desires to convey a~parcel of real property to the City of Aspen as a gift for use as a public park, and ~ WHEREAS, the City of Aspen desires to accept such conveyance from the said Fredric A. Benedict. .. .~ ~ NOW, THEREFORE, BE IT RESOLVED: The City of Aspen hereby gratefully acknowledges and accepts that certain parcel of land conveyed by F=edric A.· Benedict to the City, subject to the terms and conditions set forth thereon, a copy of which is attached hereto. DATED THIS 29th days of December, 1971. Councilman Griffin moved to accept this gift from Fritz~Benedict and designate this piece of ground as a memorial to Louise Berg. Seconded by Councilman Whitaker. Roll call vote Councilmen Nystrom aye; Comcowich aye; Griffin aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. · Council.request a letter of thanks be sent to Mr. Benedict. Councilman Walls moved to adopt Resolution #26, Series of 1971. Seconded by Councilmmn Whitaker. Ail in favor, motion carried. City Attorney Kern reported a change of venue has been granted on the law suit between the City and Original Developers of America. Councilman Griffin request bids for legal pUblication be put on the m~xt agenda. City Manager Wurl informed Council the budget is about to go to press and request if Council would approve, since the freeze has been'lifted on raises, to give half step increases to employees on January 1 rather than full step increases on July 1. Council- man Griffin moved to give 1/2 step increases to employees as of January 1, 1972. Seconded by Councilman Nystrom. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Councilman Whitaker moved to adjourn at 6~55 p.m., seconded by Councilman Wa ils. Ail in favor, meeting adjourned.