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HomeMy WebLinkAboutminutes.council.19730709 Meeting was called to order by Mayor Stacy Standley at 4:00 p.m. with Councilmen Jenifer Pedersen, James Breasted, Ramona Mark~luna's, Jack Wslls, City Attorney Sandra Stuller and City Manager Russ Campbell. Councilwoman Pedersen moved to approve the minutes of June 25th and July 2nd as prepared and mailed by the City Clerk. Seconded by Councilwoman Markalunas. All in fsvor, motion carried. Accounts Payable - Councilwoman Markalunas moved to approve the accounts payable as submitted. Seconded by Councilman Breasted. All in favor, motion carried. Noise Prospector Lodge - Mr. Stone, owner, stated he had complained and request further enforce- Control ment oftthe noise in the downtown area. Council suggested the administration work at updating the noise control ordinance. City Manager Campbell reported there are more officers in the downtown area since the Malls went in: it is difficult to have enough officers on duty at the time the bars let out at 2.:00 a.m. Arts & Gentlemen from the Colorado Arts and Humanities stated they will be holding their fourth ities annual festival starting July 26th to which the Council is invited. Expect ~about 2000 Festival people and it will be at the tent. Noise Aspen Mining Company - Owner stated the noise could be controlled by officers beginning as early as 11:00 p.m. Feel the officers have not been trained ss to what they are expected to do in the mall area and with crowded conditions. Complaint was made there is not enough to do in the malls. It was stated to have constmnt activity was not the intent of the malls, but for s better shopping atmosphere. Councilman Michael Behrendt arrived. Municipal Municipal Judge Appointment - Mayor Standley stated Mr. Leonard Oates has asked for a Judge work session with Council to discuss the Council's concern of the municipal judge practic- ing before Council. Council agreed to meet 1/2 hour prior to the next regular meeting for a work session. Viking Viking Liquors - Mayor Standley opened the oublic hearing and read the following statement Liquor "This is a public hearing before the local liquor licensing authority of the City of Aspen to determine whether or not the application of Viking Liquors for a retail li-uor store ~.~ license at 415 S. Spring should be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the rules cf the City of Aspen. The DurDose of this hearing is to receive information, data and testimony by interested parties in order to enable this authority to make the findings, and reach the conclusions required to be made by State law as to whether' or not the retail'ti,uor license applied for should issue. ~ A record is being made of these proceedings, so that those who desire to be heard must identify themselves by name and address." City Clerk reported no application has been made within the last two years: the premises are located over 500 feet from a school; there are six licenses of the same type at the present time; applicant ~pes have the right of possession of the property: fil~a is complete: fees have been paid; posting and publication are in order: survey mad of the neighborhood submitted. Mr. Arthur Daily, Attorney, representing the applicants introduced Mr. Ray Kashinski and Mr. Perry Pollock. Stated the applicants have been long term residents of the community and are financially sound. Premises~are located in the'C~l~ zone of 'the City. The Viking Lodge was purchased by the applicants, it is presently being remodled into the liquor store, 2 employee housing units, three shops and an office. Mr. Daily pointed out the laws upon which the Council must decide on this case 8re the desires of the inhabitants and the reasonable requirements of the neighborhood, which laws are old and nebulous. Other types of businesses are not limited' or restricted. There has been no new retail liquor store licenses issued withing~the last eight years. This form of a moritorium is of no benefit to the community,' it~.llows marginal bus~inesses to continue because it cuts down the competition. To limit the number makes the existing businesses more valuable and takes away the concept of free ~enterDrise. Applicant has submitted a petition bearing over 300 names of residents in Aspen and the immediate vicinity, all of whom ha~e been contacted personally.' The petition reflects the . desires of the inhabitants. The neighborhood should encompass as nearly as possible the area which would be served by the outlet. In this case wou~l'd consider the'~rea e~st of Hunter Street and the county to the east as they have no other place to shop but in Aspen The Planning Department has envisioned, in this area,~a neighborhood shop~.~ng center. The petition establishes a need that~is not being met by the existing outlets. In review- ing growth statistics over the last eight years, skier visits have increased 155%: retail sales over 150% pillow count has tripled~ Condominiums have increased and'bee, ome ~ way of life, people wil~l'drink at home~ 'Demands have created the need for an-'addition~l outlet. Other types of businesses have increased, other types of liquor.licenses hsve increased - about 18 new licenses have been issued over the last eight years. Tourist beds are concentrated in the east area of the City. Voter Precinct #1 has increased four times since 1965 and Precinct #2 three times. Viking Liquors location is ideally locmted ReguLar MeetlnA {cont.) ~p=LL ~z~y ~U=LL~ to serve the area which is expanding. This location will be convenient to the shopper when he comes to the super market to shop and also will not have to go into the downtown area. As the petition states, "greatly increase the convenience to the peopl,e in the east area of the City." The present outlets are all within about a one block area, three are in conjunction With drug stores. Councilwoman Pedersen stated she would be voting against the issuance of this license due to the City's committment to the malls and by Ordinance #19, a liquor license usage is not included under the neighborhood shopping concept. Councilman Walls stated he would be voting against this license as he would rather see the licenses located close together ~han ~p~ced out throughout the City. The neighborhood has been established as the entzre Czty lzmzts. In this community, there is not a problem with convenience. About one year ago, the City met with state liquor people and it was stated that the only way to establish needs of the neighborhood is to do a survey, i.e. length of time it takes to be served etc.. Feel a survey should be done prior to issuing any further liquor licenses. Councilman Behrendt stated he would hate to discourage those~businesses that are presently on the mall, do not find it inconvenient to get to the downtown. Feel the area in ~uestio] with this application is already congested. Councilwoman Markalunas stated the grocery stores have not increased over the last eight years. Feel the City has created a mall situation and should not encourage business outside of the mall. The following letter was submitted and read by Mayor Standley: "Gentlemen: I would like to file a formal protest against the granting of a retail liquor license to Perry Poll~ck and Raymond Kashinski whose application'will be considered by the Council on June 25, 1973. There are already six retail liquor outlets in Aspen, namely: Uncle Willy's Spirit House, The Grog Shop, Magnifico's, Aspen Drug, Crossroads Drug and Carl's Pharmacy. These adequately serve the community during the peak season and find it difficult to break even during the rest of the year. The granting of another license would not provide the City of Aspen with more revenue, but would only make the situation more difficult for those now in the retail liquor busines In October of 1972 GLC,Enterprises, Inc., d/b/a Uncle Willy's Spirit House purchased Louie's Spirit House, Aspen's oldest liquor store, located at 413 East Human Street, Aspen. On June 16, 1973, after 7 months of operation, the City established the mall and closed Hyman Street to vehicular traffic with the result that Uncle Willy's is the only retail liquor store in Aspen which is completely cut off from automobile access. Ail of the others are on a street open to traffic which gives them the advantage of making deliveries to the trunks 'of cars of their customers even when they are double-parked for three minutes. This is a marked and strong advantage. Because of the anticipated damages to the business volume of Uncle Wilty's Spirit House, GLC Enternrises, Inc. had notalternative but to file a claim for potential damages in accordance with the laws of the State of Colorado. Viking liquors has applied for a license at a location immediately adjacent to the parking lot of the City Market at the southeast corner of Cooper and Spring Streets. The granting of a retail liquor license to Viking Liquors would be "pouring salt into an open wound," It could hmve the effect of increasing the amount of damages which the City'of Aspen might have to pay to Uncle Willy's Spirit House for the damages it may be able to prove. I am confident that any court of competent jurisdiction would take this fact into consideration in assessing actual damages. /s/ J. Dudley Lockrem, President" Mr. Lockrem statAd there is a conflict of interest on this application. Holland and Hart represented Uncle Willy's when'their corporation was being formed. At the time, Charles Brandt of Holland and Hart stated it was a good thing they were not in for a transfer because the City would not grant a new license. Mr. Daily stated Uncle Willy's was contacted prior to taking this client as to whether they had any objection and it was stated they had no objection. Mr. Gibbs of Uncle Willy's stated that was not true. Mr. Tom Iacono, owner of the Grog Shop, stated that if supply and demand were a problem, why is the City so concerned about controlling gasoline stations. Further stated the petition bears names of persons odtside the City limits, the neighborhood has been established by the City as the City limits. As to the issuance of other"types of licenses in the last eight years,'Council cannot consider other types of licenses when considering one type of license. Fifty percent of the day the employees outnumber the customers in the shop. The law states on Page 19 that the applicant has to show that the existing licenses are inadequate. Adolph Miklich, owner of Magnifico Liquors, stated 300 signatures is not adequate. Ex-Mayor Eve Homeyer stated the liquor laws are very out-dated. Beg the pre~ent City Council not to do anything to affect the businesses on the mall'. This would create anothe~ business center. The City and County are talking about restricting the tourists as well as the residents, so we need to start to restrict businesses as well. Mr. George Anderson, Crossroads Drug, stated the liquor business is not incidential to the drug store but the major seller. Additional equipment has been installed, store being updated. Have been concerned about the malls, but feel that .now they are here should do all in our power to help make the mall a success. Recently packaged stores have been put on an allocation basis for beer supplies. New establishments will have a problem gett%ng their supplies. Would resent the fact of another shopping center. Mr. Kashinski stated he had met with a lot of enthusiasm from the signers of the petltzo . Do not believe there will be congestion as it is felt their customers would be from the people walking by. The gentleman from Crossroads stated during busy times he had as many as 6~or 8 employees in the liquor department. Gasoline stations are regulated by zoning and therefore, they are restricted. Mr. Daily' stated the Council placed the malls into effect on the premise that existing businesses would not be hurt, do not feel the'malls are a legitimate consideration. Feel the need has been shown by the growth patterns here that do not exist any other place in the State. The opposition ~hown today comes from existing license holders. That is not objective criticism. Mayor Standley closed the public hearing. Councilman Walls moved to deny the application of Viking Liquors for a retail liquor store license, the City Council finds that the needs of the community have been met and the license as applied for is hereby refused. Seconded by Councilwoman Pedersen. Councilman Breasted stated he did not feel government should get involved in regulating business as it then involves special interest, groups. Roll call vote - councilmen Pedersen aye; Breasted nay; Markalunas aye; Walls aye; Behrend~ aye; Mayor Standley aye. Motion carried. Mt. Queen Mountain Queen, Final Subdivision Pla~ - City Engineer Ellis reviewed with the Council the Sub. Div. subdivision agreement. Regarding domestic and fire protection, the agreement includes that prior to the issuance of an occupancy certificate there will be Snstalled a~6'' water line that the subdivider will pay the costs for construction and materials. In addition, the subdivider Will pay the City for'one fire hydrant and pipe necessary. In addition there will be installed a water line from Monarch and Durant to~ the base of the property which will be under a repayment agreement. The fire chief has reviewed the plans. There will be about 20 lbs. of pressure on the upper units on the~ir highest floors-. Council questioned who would be liable for the maintenance of the fire protection equip- ment, hydrants and accessibility. City Attorney reported the owner and subdivider are liable. Councilman Behrendt stated there has' been problems in the past getting sufficient water pressure at peak periods of the day at Shadow MoUntain and other areas below this project. Still question sufficient wager pressure to this site. Architect for the project stated the project consists of 15 units that will sell for S130,000 to $15~0,000 ~each. Councilwoman Markalunas stated the water pressure problem Cs mot only in thcs area but the entire City. An additional main from the filter plant has been in the mill for the City fo~ the last t~r~e ye'ars and as Met has not materialized. Also we need to construct the re- servoir which is planned for Red Mountaz . Councilman Behrendt moved that this item be tabled for two weeks so that we have assurance from the water engineer that there is sufficient water for the project. Seconded by Councilwoman-Pedersen. Architect stated this project was 'tabled by Council two weeks ago to solve the water problem. The City Eagineer and others have done as much as can be done to satisfy this problem. Question was rais'ed if surveys had been done in this area. Councilman Walls stated there should Be the same pressure on the upper floors as on the lower floors. Manager Campbell stated the new main from the filte~ plant Will probably not be built until the sun~ner of 1974. Having problems'with easements. To do a survey of the area, may take l~nger than 2 weeks. Councilman Behrendt moved to amend the motio~ to table the request pending satisfactory reports on'domestic and fire pro~ection from fire chief, water department and engineer in two weeks, Seconded by Councilwoman pedersen. Engineer Ellis stated the data that is available now is better than obtaining historical data, it all depends on the elements at the time. Will try and do a survey within two weeks. Regular Meeting Aspen City Council July 9, 1973 Roll call vote Councilmen Pedersen, aye; Breasted, abstain; Markalunas, aye; Walls, aye; Behrendt, aye; Mayor Standl~y, aye. Motion carried. ~ Mayor Standley op&ned the public hearing on Ordinance #19, Series of 1973. Bldg. Permit~1 Review - City/County Planner Herb Bartel submitted to Council a flow chart outlining the review ORDINANCE ~ procedures. #19, SERIES OF 1973 Citizen stated he ~elt to. encourage resident hous'ing and control growth would be incon- sistent. Mr. Gene Ingham questioned Council as to the ordinance accomplishing what the preamble says the ordinance will do. Feel if Council wants to control growth, why not cut the densities in half. Mr. Barrel explained the plan proposes a land use pattern that could be served by the transit system. The objective is so that the' visitor can come into the community with- out a car. As related to resident housing, the price of land is determined by t~he zoning. Relating to an economic base, we are now dependent upon the ski industry in the winter time, tourist and construction in the summer. What we are saying is that the economic base must be broader than that. Do not have all the answers at this time, thus the reason for an urban ec6n~omist. Mr. Bartel stated the prime objective for the review process is to protect the public sector of the community. There being no further con~nents, Mayor Standley closed the public hearing. Ms. Dasko stated the lease form has been approved by the State, leases will be with the Mall Leases property owner. Councilman Behrendt moved to approve the lease form as recommended by the Mall CoL~L~ittee. Seconded by ~ouncilwoman pedersen. ROI1 call vote - Councilmen Behrendt, aye; Walls, aye; Markalunas, aye; Breasted, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. Councilwoman Markalunas moved that a petition be prepared calling for mail delivery and a Mail survey be conducted to indicate results relating to business, home and rural delivery. Delivery Seconded by Councilman Breasted'. Roll car vote Councilmen Pe~ersen, aye; Breasted, aye; Markalunas, aye; Walls, aye'; Behrendt, aye; Mayor standley, aye. Motion carried. ~ Manager Campbell stated'there has been requests including the west Side Improvement As- Dog Leash Law sociation for a leash law over the entire City. ORDINANCE #23, SERIES OF 1973 ORDINANCE #23, SERIES OF 1973 Councilman Walls moved to read Ordinance #23, Series of 19] on first reading by title. Seconded by Councilwoman Markalunas. Roll call vote - Coun- cilmen Pedersen, aye; Breasted, aye; Markalunas, aye; Walls, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #23, SERIES OF 1973, "AN ORDINANCE AMENDING SEC. 5-30 OF THE ASPEN MUNICIPAL CODE EXTENDING TO ALL AREAS OF THE CITY OF ASPEN THE DOG LEASH REQUIREMENTS; DEFINING WHEN A DOG SHALL BE DEEMED RUNNING AT LARGE; AND DESCRIBING PENALTIES THEREFORE" was read by title by the City Clerk. Councilman Walls moved to adopt Ordinance #23, Series of 1973 on first reading by title and schedule hearing on same for July 23. Seconded by Councilwoman MarkalUnas. Roll call vote Councilmen Behrendt, aye; Walls, aye; Markalunas, aye; Breasted, aye; Pedersen, aye; Mayor Standley, aye. Motion carried. Councilman Breasted moved to re~d Ordinance .#24, Series of 1973 by title. SEconded by ORDINANCE #2~, Councilman Walls. Roll call vote Councilmen Pedersen, aye; Breasted, aye; Markalunas, SERIES OF 1973 aye; Walls, aye; Behrendt, aye; Mayor Standley, aye. ~Motion carried. ORDINANCE #24, SERIES OF 1973, "AN ORDINANCE AUTHORIZING THE ISSUANCE OF SALES TAX RE- VENUE BONDS, SERIES'OF JULY 1, 1973, OF THE CITY OF ASPEN, COLORADO, IN THE AGGREGATE PRINCIPAL .AMOUNT OF $1,750,000, FOR THE PURPOSE OF ACQUIRING CERTAIN REAL PROPERTY, TO BE USED FOR PARKING AND OTH~RMUNICIPAL PURPOSES, LOCATED IN THE CITY OF ASPEN; PRE- SCRIBING THE FORM OF SA~Ip BONDS AND INTEREST COUPONS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS FROM THE REVENUES OF THE ONE PER CENT MUNICIPAL SALES TAX ESTABLISHED, ?~fHORIZED AND IMPOSED PURSUANT TO ORDINANCE #15a, SERIES ~OF 1972, AND..~PPROVED AT A SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 1972, AND FROM CERTAIN I OTHER LIMITED SALES TAX REVENUES; PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH, PRO- VIDING FOR THE USE,~ DISPOSITION AND HANDLING OF THE PROCEEDS OF SAID BONDS AND SAID SALES TAX REVENUES, INCLUDING.THE CREATION OF CERTAIN FUNDS AND ACCOUNTS; AND DECLARING AN ~-~ EMERGENCY" was~rea~<b? title by the City Clerk. Councilman Walls moved to adopt Ordinance #2~', Series of 1973 on first reading. Seconded by Councilman Breasted. Roll call vote Councilmen Breasted, aye; Behrendt, aye; Mar- kalunas, aye; Walls, aye; Pedersen, aye; Mayor Standlley, aye. Motion carried. ,1467 ~egular Meeting (cont.) Aspen City Council JU!Y.9~ ~977 Mt. Queen Mountain Queen ~ Architect request Council reconsider previous motion. The time delay is Sub.Div. critical to the owner. Stated he had talked to the owner and the owner is willing to assume all liability for sufficient water pressure. Construction or excavation w~ll not begin until it is assured that sufficient water pressure is available. Councilman Walls moved to reconsider the previous motion. Seconded by Councilwoman Markalunas. Roi1 call vote Councilmen Pedersen aye; Breasted abstain; Markalunas aye; Walls aye; Behrendt aye; Mayor Standley aye. Motion carried. Councilman Walls moved that Mountain Queen subdivision plat be approved conditioned upon reports from the City Engineer, water department, and fire department in regards to sufficient water pressure. Seconded by Councilwoman Pedersen., Reports to be submitted to Council at the recessed meeting on Monday July 16th and a subsidiary agreement be drafted relating to liability of the subdivider to provide sufficie t water pressure. During this week, the plat can be signed and the subdivision agreement. Roll call vote - Councilmen Pedersen aye; Breasted abstain; Markalunas aye; Walls aye; Behrendt aye; Mayor Standley aye. Motion carried. Finance Manager Campbell stated the applicant for the position of finance director will not be Director coming. In process of recruiting at this time. Councilman Walls moved to recess this meeting to July 16th at 5:00 p.m. Seconded by Councilman Breasted. Ail in favor, motinn carried. Meeting adjourned at 8:15 p.m. ~-----~Lor r aine Graves Clerk RECESSED MEETING ASPEN CITY COUNCI'L JULY 16,1973 Meeting was reconvened at 5:00 p.m. by Mayor Stacy Standley with Councilmen Jenifer Pedersen~ James Breasted, Jack Walls, Michael Behrendt, City Attorney Sandra Stuller and City Manager Russ Campbell. ORDINANCE #19, SERIES OF 1973 ORDINANCE 919, SERIES OF 1973 - Councilwoman Pedersen moved to read Ordinance 919, Series 1973 on second reading by title. Seconded by Councilman Breasted. All in favor, motion carried. ORDINANCE 919, SERIES OF 1973, AN ORDINANCE ESTABLISHING MANDATORY BUILDING PERMIT REVIEW NEW ZONING DISTRICT MAP; DESIGNATING USES EXCEPTED FROM REVIEW; ESTABLISHING REVIEW ORDINANCEgl9 CRITERIA; PROVIDING FOR DESIGNATION OF ADDITIONAL EXCEPTED USES AND REVIEW CRITERIA; AND SERIES OF 1973 SETTING A TERMINATION DATE OF ONE YEAR FROM THE EFFECTIVE DATE was read by title by the City Clerk. City/County Planner Barte~ pointed out changes made in the text of the land use plan. Policy on increasing houslng was changed to reflect employee housing; light industrial uses, actually talking about non-polluting industry; natural resourees should include air quality and in the ordinance it has been changed to reflect the P & Z's intent that in the fringe area of the commercial area would be for offices, do not want to encourage full range retail uses. Councilwoman Pedersen moved to adopt Ordinance 919, Series of 1973 on second reading. Se- conded by Councilman Breasted. Roll call vote - Councilmen Pedersen aye; Breasted aye; Walls aye; Behrendt aye; Mayor Standley aye. Motion carried. MOUNTAIN QUEEN SUBDIVISION Mountain Queen Subdivision - City Enginner Ellis submitted additional data relating the use of water for this subdivision. Sta~ed the opinion of the engineering office is that the MT. QUEEN system will provide pressure flows for fire protection and domestic water. There will be SUBDIVISION 8" an line that in affect will be a reservoir for the project. Chief Willard Clapper of the Fire Department stated they are still concerned as to who will be responsible for the plowing of the access. Engineer Ellis stated an easement has been given by the Ski Corporation and they will do the plowing and bill Mt. Queen. Plowing will be to the specifications of the fire depart- ment. louncilman Behrendt moved to approve the subdivision agreement and accept the subdivzsion )lat. Seconded by Councilwoman Pedersen. Roll call vote Councilmen Pedersen aye; ~reasted abstain; Walls aye; Behrendt aye; Mayor Standley aye. Motion carried. ACTING FINANCE DIRECTOR ouncilman Breasted moved to appoint Karen Anderson Acting Finance Director. Seconded by ACTING FINANCE ouncilwoman Pedersen. All in favor, motion carried. DIRECTOR .ICYCLE RACES Bicycle Races - Mr. Bert Bidwell request authorization from the Council to close those streets that would be affected by the races to be held on July 21st, from 7:00 a.m. to a.m. and again on Sunday when the racers return to ~own. Next year the national 10:30 races may be held here. BICYCLE RACES Councilman Breasted moved to approve the barricades as requested and Mr. Bidwell work with the Chief of Police on this request. Seconded by Councilwoman Pedersen. All in favor, motion carried. ~ASOLINE SHORTAGE ~asoline Shortage - Council discussed what could be done to advertise that the gasoline GASOLINE shortages are acute in the Denver area and not over the remainder of the State, tourism is SHORTAGE down. Discussed Mayor Standley sending letters and telegrams to John Love, Club 20, State Energy Counsel in Colorado, radio and TV stations auto clubs, etc.. to Authorize Mayor Standley to write such a document. Seconded Councilman Behrendt moved by Councilman Breasted. All in favor, motion carried. HUNTER CREEK AREA NUNTER CREEK Hunter Creek - Councilman Breasted suggested the Council once again send a resolution en- AREA couraging the purchase of Hunter Creek area by the Forest Service from McCullough. Council agreed to have a strong resolution be prepared and Mayor Standley send same to the proper -- parties, i.e. Chief of the Forest Service, Senators, Representatives, etc.. Councilman Breasted moved to adjourn at 6.15' p.m., seconded by Councilman Behrendt. All in ~avor, meeting adjourned. .... A~rraine Graves, City Clerk