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HomeMy WebLinkAboutminutes.council.19640406 The Mayor called the meeting to order at 3:30 P. M. with Councilmen Barnard, Kuster and McEachern, City Attorney Balcomb, City Treasurer Lum and City Admin- istrator Kerrigan present. Councilman Stapleton ~was absent. The accounts payable were turned over to Councilman McEachern for checking. The minu~es of the regular meeting of March 16, 1964, and the special meeting of March 23, 1964 were approved as read. Discussed - Bids on diesel fuel. The accounts payable were apProved by Councilman McEachern, and a motion was made by Councilman Barnard, seconded by CoUncilman Kuster, to suspend Rule 19 and to allow the accounts payable. Motion carried on roll call: Councilmen Barnard aye; Kuster aye; McEachern aye. The treasurer's report was read by Mr. Lum and accepted upon motion by Councilman McEachern, seconded by Councilman Kuster and carried on roll call: Councilmen Barnard aye; Kuster aye: McEachern aye. Paving req. Fritz Benedict and Mr. Marshall were present in the interest of paving Ute Ute Ave. Avenue in the vicinity of the Aspen Alps Club and they showed plat and model. They were advised to submit request to the Planning Commission for recommendation to Council.~ Communications. Joan Neylans was present re proposal submitted to Council on a communications Neylans center offering business services to public and private agencies. Mayor Pabst suggested that City Administrator KerriKan confer on this matter with the County Commissioners and representatives of community enterprises. Anthony - req. Discussed - request of Luke Anthony to hook onto City water system. Water for City water, from Durant tunnel has tested "unsafe". It was recommended that Mr. Anthony be advised that he can hook onto City's system if his area is annexed to the City. Motion. Discussed - that Mr. HoaKlardis opposed to annexation. A motion was then made Councilman Barnard, seconded by Councilman McEachern to allow Luke Anthony to hook onto the City water system if he annexes to the City. Motion carried- on roll call: Councilmen Barnard aye : Kuster aye: McEachern aye. read Contract D. =Mayor Pabst then/proposed contract with Dale H. Rea for up-dating the water Rea. report. A motion was made by Councilman Barnard, seconded by Councilman McEachern, i Water. - to authorize the Mayor and the City Clerk to execute the contract with Dale Rea. , Motion carried on roll call: Councilman Barnard aye: Kuster aye: McEachern aye. Withdrawal Mayor Pabst read letter from the City Clerk withdrawing her resignation, and of resignation Council approved the withdrawal. Clean-up City Administrator Kerrigan outlined proposed clean-up program, on which the program Boy Scouts will help, and he said the County~will co-operate on the use of a street sweeper. Discussed - need to wash down streets, and need for water truck. Miss Fischer requested that consideration be given to the enforcement of the ordinance requiring owners to keep sidewalks clean and clear of snow. Mollie Gibson- Discussed- Mollie Gibson suspension of liquor license case. A motion was to appeal made by Councilman Barnard, seconded by Councilman McEachern, to instruct the decision. City Attorney to appeal the decision to the Supreme Court. Jim Blanning informed Council-that he had sold the business and he plans to shut down on April llth. After discussion the roll was called on the motion as follows: Councilman Barnard aye; Kuster aye; McEachern aye. ~lectric There is to be an electric outage on April 22, 1964, from 4:30 to 7:00 AM and Outage notice is to be put in Aspen Times. Rooming House licenses - A motion was made by Councilman Kuster, seconded Roomin~ house by Councilman Barnad, to approve t~issuance of rooming house license to The licenses. Nugget, The Villa, and The Vagabond Lodge, the Building Inspector having ap- proved the applications. The motion carried with all Councilmen voting aye. Zoning ord. Zoning in Riverside Annexed Area - discussed - and Council agreed that it Riverside. should be R-6; Attorney Balcomb was instructed to draw up the necessary ordi- nance. Sales Tax Councilman Barnard spoke about need to finance waten source, and recommended taking action on the sales tax. It was de~ided that Council would consider this at a policy meeting. Cigarette Mayor Pabst read letter from Pitney Bowes Co re Cigarette tax stamp design, and ~ stamp Council approved design submitted. ! Bonneville Construction Co. - final payment - Published in Aspen Times of ..~.~ Final March 20 and 27,1964 - and no bills received. A motion was made by Councilman payment-Bonne- Kuster, seconded by Councilman Barnard, to suspend Rule 19 and to allow the final ville, payment of $18,609.76 to Bonneville Construction' Co. ~Otion carried on roll call;Councilman Barnard aye: Kuster aye; McEachern aye. Merrick and Company payment to be held for credit allowance. Petition for annexation- Mrs. Dorothy Shaw - Resolution was read by Attorney Anne×ation peri Balcomb, and letters dated March 24 and April 1, 1964, from the Planning Cormnission, tion- recommending annexatio~ were read. Mr. McEachern, Council member on the Planning Shaw-B1 19. Commission, reiterated Planning Commission recommendation. Councilman Barnard felt pa~t of a block should not be considered for annexation. A motion was made by Councilman Bernard, seconded by Councilman Kuster, not to accept the petition for an- nexation, for a portion of Lot 11, Section 12 (Block 19). Roll call: Councilman Barnard aye; Kuster ay~ Councilman McEachern no. The motion carried. Attorney Balcomb referred to summons served on the City in connection with Summons- quiet title ( Hans Gramiger) and referred to8" pipeline in area involved. A quiet title motion was made by Councilman Barnard, seconded by Councilman McEachern, to authorize Gramiger Attorney Balcomb to appear in Court on behalf of the Council in connection with this matter. Motion carried with all Councilmen voting aye. Discussed - re-engineering of dips in streets these will be in concrete. Liquor Lice6se Applications: Mayor Pabst read letter from Mrs. Peggy Rowland, Pitkin County Supt. of Schools Liquor, expressln, concern regarding the number of bars in Aspen. Also letter from KNCB lic. A~p Is. Moore re liquor policy being a part of the comprehensive plan of Aspen. The Mayor said he had received telephone calls from priests and reverends opposing more es- tablishmen~ but not remonstrating against the applications now filed. He also referred to report from Building Inspector regarding minor matters requiring at- tention in the pr~mises where applications are now pending for liquor licenses. Independence Restaurant ~Company: - no one appes~ for them. Mayor Pabst reviewed Independence application and re~erred to not-ice posted, and also read remonstrances from James Restaurant A. Chesley and Thomas Fleck, Myrna Armstrong; Donald L. Elisha,and King Woodward. Co. The Mayor read the "findings" of the City Council on this application, and three reference letters. Number One Main Corporation dba Ratskeller - Mayor Pabst reviewed application and read letters of remonstrance from James Chesley and Thomas Fleck, Myrna Armstrong , and Donald Elis6a. Kin~ Woodward withdrew remonstrance p=eviously filed. He also read letters of reference. DaBiel Wiegner, President of the Number One Main Corp- oration, was present, and told Council that application had been filed due to option on the remaining four lots and assurance of liquor license before they build. They now own 1/2 Block 59 - ( all of the lots facing on Main St.) and will have a total of 50 units and they feel it is necessary to have a restaurant and bar as~ a service, as the present coffee shop is not adquate for more people. He said there would be no entertainment; that the premises would not be leased out, but they would probably have to have a manager. Hans Gramiger said he feels Mr. Wiegner has the right Approach - non-competiRve and supplying service to their guests. Gerry Hobgood said she felt lOdges could make out without bars. Mr. Wiegner said when lodge reaches certain size this service is necessary, and he referred t6 larger places in the County. Jim Blanning~said he is in favor of the license as the needs of the area have not been met. ** ( Correction -should not be made. ) ** ~Harry Poschman said he feels denial of this license should De made. See correction in Apr 20,196~ Jim Chesley - does not feel 100 guests would support such business. Minutes ~lena Street East : Donald J. Fleisher - application reviewed by Mayor Pabst, who ~%~na ~. said Council feels bulldm g, character references and financial statement are ad- equate. Donald Fleisher referred to his plans to develop Galena St. East into a regu- lar night club of good atmosphere and moderate price - with dinner dancing, as his present operaaion as a 3:2 beer restaurant is not economically feasible. He feels l:inocchio's can be expanded to take care of the needs of the younger people. He referred to present licenses and does not feel need is for more restriction but for better operation. Bill Dunaway - feels Council should consider that this application is in down- ' t town area - present establzshmen is well run- and he feels persom in b~siness should have consideration. Councilman Barnard felt that Galena Street East is filling need of community as a 3:2 Beer restaurant. IrvinM Schechter said he felt the Smuggler (.Number One Main) should have pre- ference over the Independende Building, due to location. Hans Gramiger said he feels Independence Build~ing should be in a different category-as he feels needs have been met in that vicinity. James Blanning said he _feels Don Fleisher has good ideas and he supports his stand on economics. Kelly Nichol~on said he feels those who are already in business should be con- ' d sldere . Attorney Balcomb referred to needs of the inhabitants and area to be considered, i.e. town as whole or areas to be considered. He also said no decisions had been preparedcin advance. Councilman Bernard said Council will consider the town as a whole. Aspen~ Colorado Regular Meeting Aspen City Council April 6, 1964 cont'd. Council withdrew at 5:45 P,M. to consider the applications and reconvened at 6:00 P.M., when Mayor Pabst called the meeting to order. ~ A motion was made by Councilman Barnard, seconded by Councilman Kuster, that ; the application of the Independence Restaurant Company for a three-way liquor '~ j Motion license has bee~ denied on the grounds that the needs of the community have been %~,~ependence met, based on findings of Council investiMation as supported by the records. Roll Restaurant Co. call vote:' Councilman Barnard aye; Councilman Kuster .aye: Councilman McEachern No. The Mayor declared the motion carried. *(See correction in April 20th Minutes- to change . "has been denied" to "be denied'") Motion A motion was then made by Councilman McEachern to approve the application of Number One Main Corporation for a liquor license. This motion died for lack of a second. Motion- No. 1 A motion was made by Councilman Barnard, seconded by Councilman Kuster, that Main Corp. the application of the Number One Main Corporation for a three-way liquor license be denied on the grounds that the needs of the community have been met, based on findings of Council investigation as supported by the records. Roll call vote: Councilman Barnard aye; Councilman Kuster aye; Councilman McEachern no. Mayor Pabst declared the motion carried. Motion- A motion was then made by Councilman Kuster, seconded by Councilman Barnard, Galena St. E. to deny the application of Donald Fleisher-Galena St. East, for a three-way liquor license, because the needs of the community have been filled. Mr. Fleisher ~aid- in view of the fact that his operation for 1/2 half year had been unsuccessful, he would be willing to continue through tha summer and he asked that his license be b e ' · re ~ar . ta 1 d until the fzrst/me~zng meeting in October. Councilman Kuster withdrew his motion and Councilman Barnard approved this. Councilman Barnard then moved tOpermit Donald Fleisher to either withdraw or table his application for a three-way liquor license for Galena Street East. After discussion Councilman Barnard withdrew his motion and Councilman Kuster approved this. A motion was then made by Councilman Kuster, seconded by Councilman Barnard, to table the three-way liquor license application of Donald Fleisher, dba Galena St. East until the first regular meeting in October. Roll Call vote: Councilman Barnard aye; KUster aye ; McEachern aye. Mayor Pabst declared the motion carried. ? ~ Heinz Wolf asked how the Council had determined that needs of the community have beenmet, and Attorney Balcomb referred to the "findings'' sent out prior to i hearing to applicants and interested parties. Appeal- Jim Blanning asked about the appeal in the MOlly Gibson court decision; this Mollie Gibson was discussed, and Blanning said he will not re-open the Mollie Gibson after April 11, 1964. Council decided that appeal is to be filed. Attorney Balcomb said he will have to make initial filing, but until this is filed in the Supreme Court, it may be withdrawn. Councilman McEachern said - for the record - that he had been approached by a good number of citizens opposing the liquor licenses, and he had asked them to either appear at this hearing or to file remonstrances, and as neither action had been taken, he had no grounds to deny the licenses. The meeting was adjourned upon motion by Councilman Barnard, seconded by Councilman McEachern, and carried- at 6:16 P.M. ?City