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HomeMy WebLinkAboutminutes.council.19751124 Regular Meeting Aspen City Council November 24, 1975 Mayor Standley called the meeting ~o order at 5:05 p.m. with Councilmembers Behrendt, De Gregorio, Johnston, Parry, Pedersen, Acting City Manager Butterbaugh and City Attorney Stuller present. MINUTES Councilman De Gregorio moved to approve the minutes of the November 10 Council meeting; seconded by Councilwoman Johnston. All in favor, motion carried. (There is no page 1891 and 1892) 189,3 Regular Meeting Aspen City Council November 24, 1975 CITIZEN PARTICIP.ATION 1. Art Emery, a private consultant, told Council he had been lookina into the possibil- ~Recycling ity and cost of a resource rscovery center. Emery told Council that resource centers had Resource failed in the past because of transportation and markets. Emery told Council that Durang~ Recovery had been making a study of resource centers and had the involvement of the Council in Center picking up materials which were recycled. Durango received a check for $1,491 for glass newspapers, etc. which were recycled. Emery said that a resource recovery program could work in this county with the involve- menu of the people and volunteers. Presently the county is spending maoney to bury recyclable materials. Councilwoman Johnston moved to put this item on the agenda; seconded by Councilman Behrendt. All in favor, motion carried. This item will be considered after the liquor license hearings. 2. Werner Kuster told Council when Rubey Park was acquired it was put to the people for a vote that it would be for parking or a park. Kuster stated now the Rubey Park parking lot had been taken away and given ~o the ski corporations for their busses to Rubey Park park there. Kuster told Council he did not think this was fair since people have paid parking sales tax and taxes and the ski corporations don't pay sales tax. Kuster said the Council is taking every possible parking space away and there is no place for the custo- mers for Cooper street to park or any means of retail equipment pick up. Councilman Behrendt pointed out that a larger parking lot at Little Nell is available now° Durant St. 3. Ray Colony presented a letter addressed to City Manaaer Mahoney signed by approxi- parking mately ~wentv~businesses tocated~alon~ east Durant street. Colony read the letter to Council. These businesses were objecting to the change from angle to parallel parking. They were asking that Council consider this decision. Mayor Standley told Colony the City had received other letters. Mayor Standley pointed out that the Little Nell parking lot addresses this problem. Mayor Standley also said that ~arkina chan~es were an administrative decision, not a nolicv decision. Mavor Standlev explained this decision was made in reaction to the buses along Durant street. Mayor Standley said he would give the letters 5o the administration for consideration, but stated he did not feel it was a problem that should be addressed on Council level. Colony pointed out that it reduced the number of parking places approximately 60 per cent on the affected blocks. The businesses want the parking changed back to angle and to remain that way. Mayor Standley told Colony to take this up with the administration. They had changed the parking for a good reason and had added in Little Nell more park- ing than in the two blocks. . Roaring Fork 4. John Lucy, Administration Director for the Roaring Fork Citizens, told Council the · Citizen - RFC was having a benefit at the old Middle School on November 25. Lucy requested the request to use of the City bus service from the Rio Grande parking lot to the old Middle School use city gym from 6:30 to 8:30 p.m. because of the large number of people expected. Lucy said buses he would like to see parking eliminated around the school area. 5. David Hauter told Council he was representing a group of people doina an alternate Alternative mall proposal. Hauter told Council that the objectives are the same as the ones that mall have been presented. Mayor Standley said the Council is not in the roll of reviewing proposal mall proposals, that is what the Mall Commission is for. Mayor Stan~ley suggested taking the proposal to the Mall Commission. The Council will act after the Mall Commissi n has given them something to act on. 6. Ellen Grenko told Counicl she understood that the parking changes were an adminis- trative decision. Ms. Grenko asked who the admisistration ~nswered too Mayor Standley replied, the Council. 7. Kiefer Mendenhall told Council he was speaking for a group of citizens who oppose Opposition the expansion of the malls. Mendenhall told Council they were very surprised at the to expansion amount of support they have gotten. Mendenhall said as a result, he was present at of malls Council to lay down a challan~e to Council t~ ~ind their constituency that sunDorts the ex~ansion n~ the mall besides the Mall Commission, Planning Office and City Council. COUNCILMEMBER COMMENTS 1. Councilman Behrendt requested an executive session before the nex~ regular Council meeting concerning the Fran~ Tucker incident, the minutes of the last meeting, and the City Manager's execution of Council's order. 2. Councilman Behrendt said he felt perhaps the administration had made a mistake on Parking the parking decision. Councilman Behrendt said he felt the Council should have a mee~- decision ing with the administration to hash the problem out very quickly. Councilman Behrendt said he would like to hear the reasons for the parking change, and express his feelings. Councilmembers Parry and Pedersen were also interested; Mayor Standley said he was no~. 3. Councilwoman Johnston noted that voluntary compliance with aesthetic gas lamps was Aesthetic not working. Councilwoman Johnston siad she had heard that public service company in gas lamps Denver had outlawed these~ype of matural gas devices. Councilwoman Johnston asked that an ordinance be drafted by the City Attorney ~o outlaw gas devices. 4. Councilwoman Johnston told Council that th~ trial period for the county's insulation Insulation code has been passed and has passed with flying colors. Councilwoman Johnston suggested code the city adopt an insulation code. City Attorney Stuller said she would have Hal Clark, planning office, at the next Council meeting to present the insulation code. 1894 Regular Meeting Aspen City Council November 24. 1975 5. Councilwoman Pedersen said it was her understanding that B~ian Goodheim would become Goodheim to a salaried city employee on 1 January 1976. Councilwoman Pedersen said it seemed impro- resign from per to have him continue as a member of the city planning and zoning commission. Council- P & Z woman Johnston said the contract and resolution had been signed and resigning from the ~ P & Z was a definite condition of bis employments.~' ~ '~ 6. Mayor Standley brought ~p'the Colorado State Personnel Department, which was dis- cussed at lunch. Mayor Standley suggested sending the questionaire' back to COG with'"No comment"'since the City knows nothing about this program, nor does COG. 7. Mayor Standley told Council that EPA 20'8 monies for area wide waste treatment.manage- ment study requires that all municipalities have a representative tO a~ region-wide ad- EPA 208 monies visory Council. Mayor Standley said it is preferable that the representative be from for waste the public at large, not an elected or appointed person. Mayor Standley'said the City treatment could cover travel expenses out of the '208 budget;' The names Stuart Ma~ce, Eloise Ilgen, Arlene Simpson, Chuch Fothergill, and Jim Moore were suggested. Mayor Standley also requested that the position be advertised for. 8. Mayor Standley told Council the District 10 Municipal meeting will be held December 11 in Crested Butte. There will be a panel with Governor Lamm starting at 2:00 p',m. for any Councilmembers interested. 9. Mayor Standley gave a brief report'~of what ~r'anspired in Washington D.C~. The team reporting to UMTA, City Manager Mahoney, Mayor Standley, Fritz Benediot, Jayne Bruggerman Alan Blomquist, Dwight Shellman, Joe Edwards, Jim Adams, and Whip Jones, did very well. UMTA trip Bob Petrocelli of UMTA was quite favorably impressed with the type of involvement at the to Washington local level. Mayor Standley ~old Council they met with the technical people from UMTA in the afternoon. UMTA has five million dollars unallocated railroad funds available. Basically, the issue was that Pitkin-County ought ~o ge~ the grant approved and let Pitkir County make the decision here. This was part'of the original charge of th'e May election. Mayor Standley told Council that on'Thursday they had met with' people from the'Forest Service ~o discuss how decisions were made or'where they came from. Mayor Standley said Forest Service the Forest Service people did no5 know where they came from; and they did not under- review stand what they were doing. One member of the Forest Service was arguing the'value of the service, while another was arguing the co'st of serVice. Firday, H~rb Klein, Attorney for the Roaring Fork Citizen, was in attendance and presented an in-d~pth brief o~ the various Federal legislation in effect. They spent one-and-a- half hours with the Chief of the Forest Service, Tom Nelson, Zane Smith, and legal counsel. Mayor Standley said the Chief of: the Forest Service was interested in the whole issue both from the:local government and forest service levels. A list oi ways in which the Forest Service had impacted the community and how tr'an'sit will be beneficial to the community was presented. The Forest Service will draft a letter to UMTA re- garding this. Mayor Standley and City Manager Mahoney a'ls'o visited the National Endowment for the Arts to discuss what funds could be used on the Wheeler Opera House and other local projects. STUDENT COMMENTS Larry Beer told Council that the high school administration wanted Mayor Standley to appear before a student assembly to discuss the teen center progress. Mayor Standley said that he would. LIQUOR LICENSE RENEWALS Liquor license renewals; Councilman De Gregorio moved to approve the li'quor license renewals for the following: Galena St. Galena Street East, Sub Shoppe, Jake's, Freddies, Souper, Wienerstube, Jerome B. Wheeler Sub Shoppe, Public House; seconded by Councilman Behrendt. All in favor, motion carried. Jakes, Freddies Souper, Councilwoman Pedersen moved to approve"the following liquor license 'renewals; Aspen Drug, Wienerstube Carl's Pharmacy, ~he Crystal Palace, Eagles, Elks, Aspen Meadows, the Grog Shop, Johnson' Pub, Aspen Temptations, Kettle Corporation, The Shaft, Uncl~ 'Willy's Spirit House, Cooper Street Drug, Carl's Pier, Tom's Market; seconded by Councilman Parry. Crystal Palace Eagles, Elks Council questioned issuing a renewing the Grog Shop a5 their old location when they were Aspen Meadows, planning to move. Council decided to hold up renewal until they could talk ~o the owner Grog Shope of the Grog Shop and have the papers straightened out. Johnson's, Kettle Corp, Councilman Behrendt moved to amend the liquor license renewals list to eliminate the Shaft, Uncle Grog Shop from approval; seconded by Councilwoman Pedersen. All in favor, motion carried Willy's, Cooper St. Pier, Tom's Finance Director Butterbaugh told Council that the Jerome B. Wheeler Public House was 90 days delinquen~ in their utility bills and they should pay before renewal. Councilman Behrendt moved to reconsider the liquor license renewals for the first group and eliminate the Jerome B. Wheeler Public House; seconded by Councilman De Gregorio. All in favor, motion carried. ASPEN MINE COMPANY Application for a three-way liquor license. City Attorney Stuller first asked if this was a viable application. Ms. Stuller's original Aspen Mine memorandum describes the applications and finds four elements missing. Ms. Stuller told Council that the selling corporation, Berkeley-Aspen received cash and took the balance Company - in a note for fixtures on the premises. Berkeley--Aspen agreed they would take the note 3-way liquor to a bank. Ms. Stuller told Council she was jus~ handed a copy of the promissory note. ~,~license - tabled Ms. Stuller pointed out the file contained not evidence of authority to do business in Colorado. Ms. Stuller also told Council there was no evidence that the applicant had a lease or right to control the premises. Ms. Stuller had just received a copy of the lease and a management contract for the site essentially allowing L.A.B. to act as manager for Berkeley-Aspen. The management contract would be for the interim period. If the license is is given to L.A.B., the license would come into effect and the management contract would lapse. Mayor Standley opened the public hearing. The City Clerk reported the file was in order. The applicant, Andrea Bernard, was present with Ken Bernard. Mayor Standley told them they must prove to the Council that the needs of the neighborhood have not been met, and they must go through the entire approval process. Ken Bernard told Council that the Aspen Mine Compnay had been licensed previously; the seller of the Aspen Mine Company is retaining his license and L.A.B. must obtain a separate license. Bernard told Council the Aspen Mine Company has been a good restaurant to the community in the past. Bernard said the need for another license being that the influx of tourists and trade is increasing on a yearly basis. Bernard said he believed the Mine Company could serve the needs of the community on that basis. Ms. Stuller pointed out that the statutory requirements established the obligation to prove that ~he needs of the neighborhood had not been satisfied; Bernard must show support for the application for L.A.B. services. Ms. Stuller said that there were 42 three-way liquor licenses presently operating was an incredibly presumption against what Bernard said. Bernard argued that proof that the needs of the neighborhood haven't been met was 42 three-way liquor licenses operating and~doing a good amount of business. Ms. Stuller suggested tabling this license to give Bernard an opportunity to establish a case. Ms. Stuller told Bernard that techniques were to bring in petitions to support the appli- cation, bring in statistics of evidence of growth. A factual determination must be made by Council on the facts presented. Ms. Stuller stated at this point there is no evidence of needs of the neighborhood in the record. Mayor Standley suggested the Bernards consult a local attorney who had been through the liquor license process with the City Council. Mayor Standley stated it was required that Council treat everybody the same. Councilman De Gregorio disagreed, and stated tha5 the Council knew this concern and only technically is it a new license. Councilman De Gregorio stated he felt this was wasting Council's time to reconsider this license and would just as soon act upon it tonight. Councilman Parry agreed. Councilman Behrendt moved to continue the public hearing to December 8 Council meeting; seconded by Councilman De Gregorio. All in favor, motion carried. INCREDIBLE EDIBLES - Application for a beer and wane license City Attorney Stuller told Council her only hesitation on this license was that the three persons listed as references were not the same as the reference letters received. Incredible The application has been amended to correspond with the reference letters. The files Edibles - are complete. 2-way liquor license Mayor Standley opened the public hearing. The City Clerk reported the file was in order. City Attorney Stuller explained the prohibition against applying in two years. Ms. Stuller stated that she did not feel this application was prohibited because they had not been denied in two years, but had withdrawn their application due to sanitation problems. This prohibition was against locations that applied and were denied because the local licensing authority determined that the needs of the neighborhood had been met. Jack Smith, representing the applicant, presented petitions with 350 signatures support- ing the application. Smith told Council this was a Colorado corporation, all the stock was owned by David Holliff, who is president and man~ger. Holliff had been in operation the last sixteen months on the Hyman Street mall. Incredible Edibles remains open the entire year. Holliff had pu~ in $30,000 in addition to the purchase price in remodelling and had created an attractive atmosphere. Smith told Council that Holliff had applied last year; at that time there was no adequate space to install the required restrooms. Holliff has now installed the required restrooms. Smith pointed out the most significant fact is that Incredible Edibles is the only natural foods resturant. The price is moderate. Smith said that Holliff plans to be open for dinner this winter and to provide some ensertainment. Holliff plans to serve beer and wine which will compliment natural foods. Smith said he considered the desires of the inhabitants of the community as evidenced by the petitions. The applicant has submitted a petition signed by 350, almost all of whom are Aspen residents. Smith pointed out that the needs of the Aspen neighborhood for liquor outlets are substantially different. The outlets of the City must meet the demands of the residents and visitors. Smith stated the need is not simply for a place to sit and drink; the need is for variety in price, meals, etc. Smith told Council at present the City has eight two-way liquor licenses, of which one is not in operation; over the past there has not been an increase in two-way licenses. Both the permanent and visitor year populations in the city have continued to expand. The Ski Corp showed an increase of skier visits of approximately 8 per cent. Retail sales in the city were up 15.7 per cent during the second quarter of 1975. In conclusion, Smith stated that (1) the applicant is financially sound and has established ~ his ability to run a restaurant (2) there is a real desire on the part of the inhabitants as shown by the signatures on the petitions (3) issuance of a two-way liquor license will ~ assist in continuing to serve gourmet natural foods. Jim Roark, Sanitarian, told Council he had not looked at the facility to know whether or nc the toilet facilities ahd been constructed. Smith told Council he was informed the facilit "~ was constructed, but he had not seen them either. Art Daily told Council he h~ad spoken to the building department;a building permit had been issued for a second facility, and this facility has just been completed. Mayor Standley asked for opponents to the issuance of this liquor license. There were none. Mayor Standley closed the public hearing. Councilman De Gregorio moved to approve the two-way license contingent upon meeting Jim Roark's and the State's specifications and the building inspectors for toilets; seconded by Councilman Behrendt. All in favor, motion carried. OF GRAPE & GRAIN Application for a retail liquor license City Attorney Stuller told CoUncil that this application was complete. Of Grape & Grain - retail Mayor Standley opened the public hearing. Ms. Stuller told Council that the Plumley Corp. liquor license did have a lease conditioned upon the issuance of a license. The challenge is not to the lease but whether the assignor had the ability to give the lease. Dwight Shellman, representing Plumley Corporationl told Council there was at one time a question by Tom Iacono whether the lease was valid. Approximatley one week ago they solved the question and specified certain conditions to Iacono. Any dispute has been resolved. Mayor Standley told Shellman the applicant proceeds first; then Council makes inquiries. Then the opponents have a presentation, and then the applicant had a chance to rebut. The City Clerk gave the oath to Gary Plumley and Joe Wells. Dwight Shellman clarified this was a request for a~liquor license to retail, essentially package liquors, with the license to commence on the date of occupancy, which is indefinite based on when Tom Iacono releases the premises, in no event later than April 1976. Plumley told the Council that the corporation was made up of Angus Anderson, Don Feely, and Plumley. Plumley said .the character of the showp he wanted to do is one of a specialty shop primarily with wine. Plumley said he also had a concern for putting good things on th market at a fair price. Plumley told Council he had worked at the Copper Kettle for 9~ years and did the wine buying and everything connected with wine for the Copper Kettle. Ptumley stated he felt'a small specialty shop would be complimentary to the mall. Plumley ~ told Council for the last six years he had done a workshop on wine through Colorado Mountai College and on his own. Plumley said he felt something was owed to the customers in the way of training the employees. Plumley had worked for Safeway stores for 12 years and does have a management training background. Shellman asked Plumley to contrast the service he planned to give with his comraent about inadequate service occurlng now. Plumley stated service should enable one to find out about the product one is buying. Plumley stated in the wine depart- ment there are a great many varieties which can be confusing; Plumley said he felt there should be more information for buying. Shellman asked Plumley based on his experience what lines or types of wine were not adequat ly available. Plaumley said there are fine California wines. Imported wines are an area wher one has to be very careful. Plumley said he planned to have ~nformation from employees and written information that would be available in his shop on wines. Plumley also said he wanted to help people stock their wine cellars and provide them with particular types of wine they liked, which service he did no~ feel was available in ~own presently. Plumley said he planned to be competitive in pricing and hopefully will lure people who to to Denver for the wines. Plumley said he felt it was beneficial to keep as much business in the community as possible. Plumley submitted petions with 544 signatures of residents of the City of Aspen and County of Pitkin supporting the application for a retail liquor license. Plumley read the pet- itions to Council. Joe Wells testified he was a local resident employed doing consultant work by the local planning department and as a personal friend of Plumley's. Wells presented five charts to Council. The first chart represented liquor licenses in the City of Aspen. The last two retail liquor licenses were granted in October of 1965 bringing the total outlets to six. There have been no additions since 1965. Since that time the City of Aspen has expanded three-way liquor licenses from 20 to 42. Shellman stated that licensing three-way outlets had substantially increased consimptions perhaps 100 per cent, while retial outlets have not increased at all. Wells presented the second chart, which was tourist visitors, showing the increase in Pitkin County and Aspen Mountain. In 1965 there were 326,000 skier visits in Pitkin County and 143,000 on Aspen Mountain. Since then skiers days have increased to 1.4 million in ~ Pitkin County and the high point on Aspen Mountain of 327,000, an increase of 250-300 per cent. Wells explained he had included Pitkin County because there is only one retail out- let in Snowmass. The third chart represnted permanent population; there were four graphs, one for vehicle registration, Pitkin County population, employment in Pitkin County, voter registration. The vehicle registration had increased from 4,043 to 12,020; Pitkin County population had increased from roughly 4,000 to 13,785 in 1975. The employment had risen from 2,094 in 1974 to 6,505 in 1975; voter registration in Pitkin County had risen from 1,923 to 6,724. The purpose of this chart is to shoW the changes in permanent population characteristics. Of Grape & Chart four represnted financial information. The retail sales in Pitkin County have gone Grain - reda 1 from 17 million in 1965 to 87.3 million and the sales in the City of Aspen have risen liquor from 16.5 million to 62.6. Adjusted gross income has increased from 11.3 million in license 1965 to 51 million in 1975. Wells said the purpose of the chart is to demonstrate that the cont. capabilities of the consuming public to consume has not gone down. The last chart showed Pitkin County growth indicators with the percentage of annual growth per year from 1967-1973 and that annual growth figure for that period of years. Single family dwellings increased 8 percent; all housing, 14 per cent; multi-family and condo- miniums increased 19 per cent; population increased 12 per cent; vehicle registration in- creased 13 per cent; employment increased 14 per cent; Pitkin County budget 16 per cent; City of Aspen budget 19 per cent; retail sales, 19 per cent; adjusted g~oss income 21 per cent; beer consumption in colorado 22 per cent~ Wells reported he had obtained his infor, mation from DRI, the City and County f~les. Mayor Standley asked Plumley, since emphasis had been directed toward the sale of wine, if he would object to Council setting a percentage of the space required for wine. Plumley said he would not. Mayor Standley said this would provide a market segment. Shellman pointed out that this license should be conditioned on the~fact that the premises should be occupied by April 1976. Shellman stated Plumley Corporation had significant financial commitments to the space formerly occupied by the Grog Shop. Mayor Standley asked for opponents to the issuance of this license. Leonard Oates told Council his firm had been retained by six retail liquor dealers in the City of Aspen; Magnifico's, Uncle Willy's, Aspen Drug, Carl's Pharmacy, Crossroads, and the Delivery Market. Oates showed a small map to Council demonstrating that almost all of the present liquor outlets are in the mall vicinity° Oates pointed out that the last application for a retail liquor store, Viking Liquor, was turned down. Oates told Council that right across the street from the applicant's premises was Crossroads Drugs, which has expanded its operations. The City Council recently approved an~ application for change of location for the Grog Shop, with a much larger facility. Oates stated that the Delivery Market has recently been issued a retail license, and the impact of that license has not been felt. Oates pointed out the City passed a zoning classification"neighborhood/commercial" indicating that liquor stores would be right in that district. Oates submitted a petition in the form of a counter-petition which was signed by 387 persons indicating they do not believe that another license is warranted. Mayor Standley read the petition into the record. George Anderson, manager of Crossroads Drugs, was sworn in by the city clerk. Anderson told Council he had checked the records and the Crossroads Drugs had expanded from 200 square feet in 1972 to 500 square feet at present. Anderson said they had recognized that their wine selection was not as good as it should be and had quadrupled it. Anderson told Council they had a larger storage area and consequently were reducing the cost to the customers. Anderson p6inted out that the Mall had eliminated their large case sales. Anderson stated the sales were probably ten times what they were ten years ago. Anderson also told Council that freight costs have risen. Terry Cagnoni, Magnifico Liquor, South Mill, was given an oath by the city clerk. Cagnoni told Council his store had a vast selection of liquor and. wines. Dudley Lockrum, GLC, Uncle Willy's Spirit House, was given an oath by the city clerk. Lockrum told Council they purchased Uncle Willy's about seven months before the mall was put in. The mall had seriously damaged Uncle Willy's. Lockrum said they have not ex- panded as other license holders have been able to because of the location.. Lockrum said they had increased their inventory over the past few years by 20 to 25 per cent. Oates asked that two letters from Carl's Pharmacy and Aspen Drug be incorporated into the record. Mayor Standley read the letters into the record. Plumley told Council that he would get as good a price break in Aspen as people are in Denver. Plumley also said that many wholesalers are using their own trucks; Rio Grande freight has increased greatly. Plumley pointed out that With everyone expanding, it sounds like there is a need for another outlet or they would not be expanding. Shellman told Council there was one admission to the effect that the wine inventory was inadequate. Shellman reminded Council of the petitions submitted that the need was recognized by a large number of the community. Shellman stated the only factors to be considered by the City Council are the reasonable requirements of the neighborhood and the desires of the inhabitants. Shellman pointed out that most of the testimony in opposition was from the competition already in business. The other outlets admitted there had been growth and the need for expansion. Some of the outlets had said they were disaffected with the mall and following that to a logical conclusion, they may remove themselves from the mall. Shellman's application is willing to go onto the mall. The Colorado courts have clearly said where the only opposition is competition, they have very carefully scrutinized this. Shellman asked Council that the license be granted conditioned upon actual occupancy. Councilman De Gregorio stated that freight costs were a problem in business, not one the Council should try to resolve. Councilman De Gregorio also stated to have to double facilities to take care of business certainly indicated there is an increased demand for retail outlets. Councilman De Gregorio indicated he felt that Crossroads Drug, by expanding their liquor license business, was in direct contrast with the functions of a drug store. Mayor Standley closed the public hearing. Councilwoman Johnston moved the Council instruct the City Attorney to establish findings and conclusions based upon the testimony a5 the hearing and to approve the application with the condition of occupancy; seconded by Councilman Parry. City Attorney Stuller proposed recommended finding and conclusions: The City Council in support of the application as submitted finds as follows: (1) the applicant has establish- ed a desire of the inhabitants by numerous petitions an support of the application (2) the applicant has demonstrated that thee needs of the neighborhood have not been sati§fied in the following manner, the applicant emphasizes that he will deal substantially in wines, he is an expert an wines and will feature neglected wines and will emphasize customer education (3) these services are not available in the con~nunlty (4) the applican~ has shown radical increase in skier days and resident population with no corres- ponding increase in retail outlets (5) the applicant has shown a radical increase in beer and wine consumption with no corresponding increase in retail outlets (6) the only opposi- tion is from competitors who have not satisfactorily demonstrated that they satisfy all the needs of the neighborhood as defined by the City of Aspen, the city limits. Therefore, the City Council concludes that (1) on review of the applicant's records, they are of good char- ac~er and financial responsibility (2) the inhabitants have demonstrated a desire for a new outlet (3) the needs of the neighborhood for the liquor service proposed have no~ been satisfied. Therefore the applicant's license for the retail outlet shall be granted. Councilman Behrendt moved to amend th~ motion to include the figure of 60 per cent of the wine area in the linear shelf space; seconded by Councilwoman Johnston. Councilmembers Behrendt, Pedersen and Mayor Standley for: Councilmembers Parry, Johnston, De Gregorio opposed. Motion dies. All in favor of the main motion: motion carried. BETSY'S - Purchase and Sale of the Hyman Street Deli Beer and wine license Bill Jordan, representing the applicants,' told Council this was a transfer of the Hyman Betsy's - Street Deli beer and wine license to H.R.B. Inc. d/b/a Betsy's. Jordan told Council the purchase file was complete with reference to the financial and characters of the applicants, sale, 2-way license Councilman Behrend~ moved ~o approve the transfer of this license; seconded by Council- woman Pedersen. All in favor, motion carried. RESOURCE CENTER Daker Bush told Council this program was two weeks old and had rung with the assistance from the County. The County had donated $500. Bush was asking the City ~o donate Recycling $1,000 to carry on a more extensive public program. Bush told Council that the Council Resource could get revenues from the recycling program, rather than paying every year to have the Recovery refuse buried. Center request Mayor Standley asked if this would conflict with the general program of allowing the locals for funds to scavenge at the dump. Bush said that scavenging was also part of recycling and they are complementary. Councilman Behrendt said he had not made the motion to donate $1,000 because he felt this group could use some in-kind service. Councilman Behrendt amended the motion to include $250 in-kind services on the part of the City Attorney; seconded by Councilwoman Johnston. All in favor of the amendment, mbtion carried. All in favor of the main motion, motion carried. HPC- Color Selection John Stanford, planning office, told Council the Historic Preservation Committee had a question regarding their authority to review colors in the "H" district and need direction from the Council. Stanford told Council the HPC could review color only when a building HPC Color required a building permit, the regulation of color is inequitakle. Selection Review Stanford listed the options for Council; (1) maintain the status quo so the HPC can deny building permits on color (2) include color as par~ of the review process entirely; this would require an amendment to the zoning code (3) instruct the HPC not to consider color at all in the review process. Stanford told Council the planning office feels that maintaining the status quo would be the best way to go about it. This way the HPC can deny issues that come before them. If the applicant would like recourse, Council could review the decisions and reasons. Larry Groen, Chairman of the HPC, told Council the HPC felt there was potential for use of colors to be used in_asense to subvert the sign code. Groen stated the HPC would like to see everyone in the downtown core area treated the same. Groen pointed out the HPC had had no difficulty with any colors reviews, except one. Groen also stated the HPC did not want to see buildings using super graphics for decoration. City Attorney Stuller pointed out with the imposition of color the HPC was getting into aesthetic review rather than an historic review. Ms. Stuller told Council she couldn't argue that color control has ever been declared to be legal. Mayor Standley stated he was basically opposed ~o color selection an any way. Mayor Standley said he didn't think the HPC should have color review. Councilwoman Johnston said she felt this review was an infringement upon poeples rights that goes too far. Councilman Parry said he would like Council to come up with something to eliminate super-graphics if that becomes a problem. Councilman De Gregorio moved to strike colors from the review criteria of the HPC; seconded by Councilwoman Johnston. All in favor, motion carried. · D~ ~Z× S~Z~ - ~ppeal to Co~¢±l -"Tom Wally Birk, owner of the Tom Mix building, gave Council a general background of the Tom Mix staircase and other buildings in the central core. Birk submitted photographs of Mix other buildings with outside staircases. Birk told Council he had been required to get Stairway - a building permit and to go to the Board of Adjustment for a variance to build an ~ %-~appeal to exterior staircase in the finger mall. The variance was granted, but due to financial Council of difficulties they were unable to build the staircase at that time. Birk told Council HPC decision they were granted an extension on the variance. This year, Birk went to the Board of Adjustment and the staircase was again approved. The Board of Appeals approved the staircase if it would be made of heavy timbers. On September 23, 1975, and on October 28, 1975, the HPC denied an application for an exterior staircase. The planning office had no~ recommended the approval for a stair- case because it would eliminate open space and would further enclose the arcades. Birk pointed out thatat the October 28th meeting, the HPC approved a staircase for the Mesa Store Bakery. Birk stated it was his contention that if this were allowed to him, that in essence it creates close to spot zoning. Birk asked that his evidence be entered into the record. Birk contended that he had very clearly stated he had a hardship. Birk intends to turn the Tom Mix building into commercial uses upstairs. Birk has no control over the leases on the bottom floor, and therefore, cannot build an interior staircase. Birk stated it was his desire to improve thie building and he felt the stair- case would be a benefit. John Stanford, planning office, reviewed the HPC decision for Council. Stanford told Council the HPC not only considers the his%oric district, but the open space with the character and quality of the historic district. The Hpc felt this exterior staircase would clutter the visual appearance and would deteriorate the overall impression of the historic district. Stanford told Council that according to the building inspector, this staircase would make this non-conforming structure even more so. Birk restated his hardship to Council; the leases on the ground floor are all ten year leases. Since the mall was created, Birk had had many tenants move out of the apartments because of the noise. Councilman Behrendt said he felt Birk was trying to solve his problem in a dead end; the solution is an interior staircase. City Attorney Stuller pointed ou~ that Birk offered no evidence he could not put the staircase inside except for a financial one. Councilwoman Pedersen moved to deny the request for an exterior staircase; seconded by Councilwoman Johnston. All in favor, with the exception of Councilmembers De Gregorio and Parry. Motion carried. ORDINANCE ~75,SERIES OF 1975 Rezoning Mill Street Venture Mayor Standley opened the public hearing. There were no comments. Mayor Standley Ord.75,1975 closed the public hearing. rezoning Mill st. Councilwoman Johnston moved to read Ordinance ~75, Series of 1975; seconded by Council- venture woman Pedersen. All in favor, motion carried. ORDINANCE ~75 Series of 1975 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP BY REZONING A TRACT OF LAND OWNED BY THE MILL STREET VENTURE FROM S/C/I - SPA to S/C/I was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance ¢75, Series of 1975, on second reading, seconded by Councilman De Gregorio. Roll call vote; Councilmembers Pete Degregorlo, aye; Nina Johnston, aye; George Parry, aye; Jennifer Pedersen, aye; Mayor Standley, aye. Motion carried. ORDINANCE ¢81,SERIES OF 1975 - Vacation Leave Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord.81, 1975 the public hearing. Amendment to Vacation Councilwoman Johnston moved to read Ordinance ¢81, Series of 1975; seconded by Council- leave woman Pedersen. All in favor, motion carried. ORDINANCE ¢81 AN ORDINANCE AMENDING SECTION 2-80 OF THE ASPEN MUNICIPAL CODE SO AS TO PERMIT EMPLOYEES OF THE CITY OF ASPEN TO TAKE VACATION LEAVE AFTER SIX (6) MONTHS E~LOYMENT was read by the city clerk. Councilwoman Johnston moved to adopt Ordinance ~75, Series of 1975, on second reading, seconded by Councilman De Gregorio. Roll call vote; Councilmembers Pete De Gregorio aye; Nina Johnston, aye; George Parry, aye;. Jennifer Pedersen, aye; Mayor Standley, aye. Motion carried. ORDINANCE ¢82, SERIES OF 1975 -Liquor License Tax Ord.82, 1975 Mayor Standley opened the public hearing. There were no comments. Mayor Standley close¢ Amendment to the public hearing. Liquor . License tax CouncilwomanJohnston moved to read Ordinance 982, Ser2es of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE ~82 Series of 1975 AN ORDINANCE REPEALING AND REENACTING SECTION 4-24 OF THE ASPEN MUNICIPAL CODE SUCH AS TO ELIMINATE THE PROVISION FOR PRORATION OF THE LIQUOR LICENSE TAX FOR NEW LICENSES ISSUED AFTER JANUARY FIRST OF EACH YEAR, AND RE- ~ TAINING THE REQUIREMENT THAT NO REBATE BE GIVEN TO BUSINESSES WHICH ARE DISCONTINUED PRIOR TO THE EXPIRATION OF A LIQUOR LICENSE. was read by the City Clerk. Councilwoman Johnston moved to adopt Ordinance #75, Series of 1975, on second reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Pete De Gregorio, aye; Nina Johnston, aye; George Parry, aye; Jennifer Pedersen, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Bus Agreement Mayor Standley told Council the bus agreement was inoperative. Bus Agreement Councilwoman Pedersen moved to direct Yank Mojo not to start the operation of the bus because there is no contract; seconded by Councilman De Gregorio. All in favor, motion carried. 2. Mall Proposal Bill Kane, Planner, told Council the mall funds for 1975 have ended. Mall proposal Tri-Co and Tony Coleman have estimated the cost of building the mall to be one million dollars. This estimate was needed because of the next step in the process; design development, which is estimated to cost about $15,000. Initially Council wanted to covez any mall design cost out of a bond issue. Kane was asking Council if they were intereste in the program and liked what was presented last week, then $15,000 in professional fees will have to be expended this year. Councilwoman Pedersen asked if it would be possible for the architect to start designing the existing streets, rather than the proposed streets. Tony Coleman explained his proce s ~ Council, telling them the design for all the mall streets would be simultaneous. Mayor Standley pointed out the question was whether or not Council was interested and do they want to keep moving ahead with the same alacrity. Coleman told Council if the City dropped the ball now, the committee against the mall will continue and the City would hay no reason for rebuttal, r, Councilman Behrendt moved to maintain the pace, not to back off at all; to get on it; seconded by Councilwoman Johnston. Kane reminded Council he was just asking for funding for the design process. In order to keep the process moving, the City has to hire architects to do the design process. At this point, the $15,000 is spec money. Kane stated, in all fairness, the planning office can't answer all the charges. If the community is deadset against a mall, there is nothing the City can do about it. All in favor, with the exception of Councilmembers De Gregorio and Parry. Motion carried 3. Little Annie Ski Basin Proposal - Bill Kane recommended Council and P & Z get togethe for a presentation of this project so that Council can make a determination whether the Little Annie area is generally in conformance with the goals and master plan for this area. The ski basin meeting was set for Tuesday, December 2, 1975, at 5:00 p.m. JOINT USE FACILITIES AGREEMENT - Resolution ~41, Series of 1975 Councilwoman Johnston moved to read Resolution 941, Series of 1975; seconded by Councilma'% Parry. All in favor, motion carried. Res.41, 1975 RESOLUTION ~41 Joint use of facilities - data processing WHEREAS, The City Council has been presented with a Joint Use of Facilities Agreement providing for the purchase, operation and programming of a computer facility as a joint venture between the City of Aspen and Pitkin County, Colorado, and WHEREAS, the City Council has determined that provisions of such proposed facilities agreemtnt will meet the needs of both governmental entities and the agreement should be ratified by the Council, and WHEREAS, Section 13.5 of the Aspen Home Rule Charter provides that intergovernmental contracts shall be approved only by resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council does hereby ratify and approve that agreement known as "City of Aspen/Pitkin County Joint Use of Facilities Agreement" ~ attached hereto and incorporated by this reference, and does further authorize Stacy Standley III to execute the same on its behalf. was read by the City Clerk. Councilwoman Pedersen moved to approve Resolution ~41, Series of 1975; seconded by Councilwoman Johnston. All in favor, motion carried. ~gu~ar ~ee~in~ ASPe~ City~c0uncil November 2~, 1775 ORDINANCE ~85, SERIES OF 1975 - Open Space Zone Open Space Zone Councilman De Gregorio~moved to read Ordinance #85, Series of 1975; seconded by Councilwom~n Johnston, All in favor, motion carried. ORDINANCE ~85 Series of 1975 AN ORDINANCE CREATING A NEW ZONING DISTRICT TO BE KNOWN AS THE "OPEN SPACE - OS" ZONE; STATING AS THE PURPOSE THEREOF THE PRO- VISION OF OPEN SPACE TO PROMOTE SCENIC BEAUTY, CONTAIN URBAN SPRAWL, PROTECT AREAS OF ENVIRONMENTAL CONCERN AND REDUCE POLLUTION; DESIGNATING AS PERMITTED USES AGRICULTURAL ACTIVITIES, WILDLIFE SANCTUARIES, PASSIVE PARK AND RECREATIONAL USES, AND RAILWAY RIGHT- OF-WAY, BUT LIMITING STRUCTURES WHICH MAY BE CONSTRUCTED IN CON- JUNCTION WITH SUCH USES was read by the city clerk. Councilman Parry moved to approve Ordinance #85, Series of 1975; seconded by Councilman De Gregorio. City Attorney Stuller pointed out the P & Z had allowed the construction of facilities, such as recreation halls and riding stables; there are not usually any structures in the "OS" zone. Mayor Standley asked if the City redesigned the entrance to Aspen would a road be allowed through that property. Mayor Standley stated he didn't feel there was any need fez this Ordinance; the Thomas property is not in any danger. Councilman Parry agreed. Roll call vote; Councilmembers Behrendt, aye; De Gregorio, nay; Johnston, nay; Parry, nay; Pedersen, aye; Mayor Standley, nay. Motion NOT carried. Thomas Property ORDINANCE ~86, SERIES OF 1975- Rezoning Thomas Property to "OS" Rezoning Ordinance ~86, Series of 1975 was not read as there was no "OS" created. Quasi-Judici 1ORDINANCE #87, SERIES OF 1975- Quasi-Judicial Proceedings Proceedings Councilman Behrendt moved to read Ordinance #87, Series of 1975; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE ~87 AN ORDINANCE IMPOSING HEARING PROCEDURES TO BE USED BY ALL CITY BOARDS, COMMISSIONS, AND THE CITY COUNCIL WHEN CONDUCTING QUASI-JUDICIAL PROCE- EDINGS; ESTABLISHING THE RIGHT TO BE REPRESENTED BY COUNSEL, AND TO GIVE AND REBUT TESTIMONY; PROVIDING FOR THE MAKING OF A RECORD, FOR THE ABSTENTION OF MEMBERS HAVING HAD EX-PARTE CONTACT AND FOR THE MAKING OF FINDINGS AND CONCLUSIONS TO SUPPORT A DECISION MADE;REQUIRING THAT EVIDENCE ADDUCED AND EXHIBITS PRESENTED BE CONSIDERED PUBLIC RECORD AND MADE AVAILABLE FOR INSPECTION;REQUIRING THAT THOSE GIVING FACTUAL TESTIMONY BE PLACED UNDER OATH;ABSOLVING REVIEWING AGENCIES FROM APPLYING FORMAL RULES OF EVIDENCE BUT REQUIRING THAT DECISIONS BE SUPPORTED BY RELIABLE, PROBATIVE AND SUBSTANTIAL EVIDENCE;PERMITTING INSPECTION OF BUILDINGS AND PREMISES BUT ~ ONLY WITH NOTICE IF DEMANDED BY THE APPLICANT;AND STATING THAT EXISTING NOTICE REQUIREMENTS, REVIEW CRITERIA OR APPEAL PROCEDURES SHALL SURVIVE THE PROVISION~ OF THIS ORDINANCE AND NOT BE DEEMED SUPERSEDED THEREBY was read by the City Clerk. Councilman Behrendt asked why the City had to pass this ordinance when there was a Supreme Court decision. City Attorney Stulter told Council it was a functional matter and she would like to have something on record. Councilwoman Pedersen moved to approve Ordinance #87, Series of 1975, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Pedersen, aye; Parry, aye; Johnston, aye; De Gregorio, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. ORDINANCE #89, SERIES OF 1975 - Historic Designations Stitzer Residen¢ Historic Desig. Councilman De Gregorio moved to read Ordinance 989, Series of 1975; seconded by Councilwoma Pedersen. All in favor, motion carried. ORDINANCE ~89 Series of 1975 AN ORDINANCE DESIGNATING THE STITZER RESIDENCE (LOTS K, L, AND M, BLOCK 81), VAN HOEVENBERGH RESIDENCE (LOTS M AND N, BLOCK 71), AND THE COWENHOVEN BUILDING (LOTS A,B,C AND D, BLOCK 95) WITHIN THE CITY OF ASPEN AS HISTORIC STRUCTURES AND SITES PURSUANT TO ARTICLE IX OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE. was read by Mayor Standley Councilwoman Pedersen moved to adopt Ordinance ~89, Series of 1975, on first reading, sec- ended by Councilman Behrendt. Roll call vote; Councilmembers Behrendt, aye; De Greg0rio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Mayor Standley~ aYe, Motion carried. Councilman Behrendt moved to table Ordinar%~e ~88, Series of 1975, mandatory undergrounding,i 1902 Regular Meeting Aspen City Council November 24, 1975 seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE #90, SERIES OF 1975, MAINTENANCE SHEDS Maintenance Councilwoman Pedersen moved to read Ordinance ~90, Series of 1975, seconded by Councilman Sheds De Gregorio. All in favor, motion carried. ORDINANCE =90 Series of 1975 AN ORDINANCE AMENDING THE ASPEN ZONING CODE PROVIDING FOR THE DE- SIGNATION OF PARK MAINTENANCE BUILDINGS AS CONDITIONAL USES IN THE (P) PARK DISTRICT AND FURTHER DEFINING PARK MAINTENANCE BUILDINGS AS THOSE CONTAINING OFFICE, GARAGE, VEHICLE AND TOOL STORAGE, GREEN- HOUSE AND SIMILAR USES PROVIDED ALL ARE LIMITED TO PARK OPERATION AND MAINTENANCE PUTPOSES was read by Mayor Standley Councilwoman Johnston said there was a problem with the office in the park zone; she did not object to a building for maintenance, but did not like theoffice. Councilman Behrendt moved to remove ~he designation of office from the Ordinance; seconded by Councilwoman Johnston. Councilmembers Johnston and Behrendt for the motion; .Councilmembers Pedersen, Parry, De Gregorio, Mayor Standley, opposed. Motion NOT carried Roll call vote; Councilmembers Pedersen, aye; Parry, aye; Johnston, aye; De Gregorlo, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Councilman De Gregorio moved to adjourn the meeting at 9:10 p.m.; seconded by Council- woman Pedersen. All in favor, motion carried.