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HomeMy WebLinkAboutminutes.council.19651115 Regular Meeting Aspen City Council November 15, 1965 The meeting was called to order at 3:45 PM by Mayor Pro-tem McEachern. Present were Councilmen Kuster, Barnard and Stapleton, Attorney Tam Scott and City Administrator, Kerrigan. Mayor Pabst was absent. The accounts payable were given to Councilman Kuster to check. The minutes of the previous regular meeting of November 1, 1965, were approved, with the following correction - "after tabling, it was decided to forget the matter of water rates for a mining company." Mayor Pro-tem McEachern read a letter from Fred. Hendy and. Ken Moore, dated November 84 1965, re keeping portion of East Bleeker Street open. This had been checked out by Attorney Scott, and he advised Council that City is not in a position to do anything. A quit claim deed was issued on East Bleeker. St. on May 16, 1962, and Mr. Scott suggested that Council take no action at this time. Councilman Kuster moved for the suspension of Rule 19 and for the~ payment of the City's bills. Motion secOnded by Councilman Stapleton. Acct. Pay. Roll Call vote - Councilmen Barnard aye; Kuster aye; Stapleton aye. Liquor License - Knight Club - Gulden Horn - Mr. McEachern read letter dated November 5, 1965, from Attorney Leslie Gross, and copy of letter dated November 4, 1965, from Marry PodmOre Hedin to Hubert Knight Club Erhard. Discussed - and Attorney Scott advised, as two court actions remain unheard, Council should not pass on liquor license applications until decisions are rendered by the court. Attorney Stanley Bender told Council it is the intention of the Knight Club, Inc. to re-open as indicated in the letter to Hubert Erhard. Mrs. Hedin said she had talked with Waldman (lessee of the Pantry) regarding providing food if necessary. A motion was t~en made by Councilman Stapleton to table the liquor license application of the Knight Club, Inc., pending outcome of the court action. Motion seconded by Councilman Barnard. Roll. Call vote: Councilmen Bernard aye, Stapleton aye; Kuster abstained. The motion carried, Application for 3:2 Beer License - Hunter Creek Restaurant Co. 3:2 Beer dba The Seventh Son - reviewed. Leonard Lookner, Vice President of the Hunter Creek Hunter Creek Restaurant Co. - said he had submitted lease to premises Res. to Mr. Kerrigan - they have lease for one year and intend to remain there as long as present building is in existence, and they plan to move into extended building if feasible. For entertainment - they plan to have live entertainment, movies, discotheque; sandwiches for food. Their cash investment is $5,000.00 and they are in a position to invest more if necessary, but they would not put more in building as it now is, as it may be pulled dow~ in one year. Councilman Bernard asked how much money is now available, and. he said they can apply for a loan. Councilman Bernard then referred to present loan and said he does not like to see them open with in§ufficient funds, and does not see evidence of funds available. Mr. Lookner said information had been furnished t~Mm~Kerrigan, and that he will verify funds. Councilman Stapleton said he feels they should have enough funds to carry on business after initial investment, and Councilman Bernard added that it is up to the applicant to verify funds. Mr. Lookner asked for a conditional license, and was informed that the law does not provide for this. Mr. Kerrigan said he had run a credit check on the three members of the corporation - was able to check two but could not find anythin~ on the third member. He said Mr. Lookner had asked if anything else was needed. Mr. Kerrigan said he told them additional information regarding,funds would be required, and he did make this clear to partner. Councilman Bernard said proof of funds is necessary. Councilman Stapleton referred to State requirements and LoOkner said premises are operable. Mr. Lookner said he would write a check to the Hunter Creek Restaurant Corporation for $2,200.00. Attorney Scott advised that Council could approve the application subject to financial position being substantiated within a few days. Mr. Lookner presented petition for the 3:2 Beer License, bearing 221 names, and this was reviewed by Council. Lookner said he had checked with the National Forest Service and the Ski Comporation for growth in Aspen. He said there are now two 3:2 Beer establishments in Aspen, one of which is a night club, and said they serve both the City and the County, and he drew attention to the fact that there had previously been a 3:2 beer license in effect in the bowling alley. Councilman Bernard then moved that the 3:2 Beer application of the Hunter Cheek Restaurant Corporation, dba the Seventh Son, be approved proviRed they fulfill the statement made regarding financial status within a week. The motion was seconded by Councilman Stapleton. Remonstrances - Don Fleisher - owner of Galena Street East and Pinocchio's, referred to cost of putting in decent public facilities and maintaining good establishments and referred to previous operation not now in -operation, i.e. Dipsy Doodle, Heidelburg, Corrina. He also said that he turns, people away during about tw~ weeks ~]n winter, and rarely during the su~er. He referred to the length-of time his places had been in existence, and the need to provide additional capital to cover any loss. Cpuncilman Barnard said he does not f~el the City Council has any duty to protect existing operations from competition, bu~t should only see that outlets are good, and well run. Mr. Lookner said, in justification of his application, that the bowling alley was in operation with the needed facilities. Mr% John Philpott, the local liquor license enforcement officer, asked when the application was filed- (October 15, 1965) ahd referred to rules for Council outlined in the State Code. There were no further remonstrances - Blaise Colt, President of the Hunter Creek Restaurant Corporation - referred to' additional backing of $25,000.00, and said Lookner has $8,000.00. The Mayor Pro-rem then called for the vote on the motion. Roll call; Councilman Stapleton aye; Kuster abstained; Barnard aye. Motion carried. Liquor License The applicatiOns f6r the renewal of liquor licenses ~r the year Renewals 1966 were then reviewed. 1966 Glenrose Drug Store a motion was made by Councilman Stapleton, seconded.~by Councilman Barnard to approve the renewal application of Glenrose Drug Store - liquor licensed drug store. There were no remonstrances. Roll Drug Stores call vote Councilman Kuster abstained; Councilmen Barnard aye; Staple- ton aye. Motion carried. Aspen Drug Store - a motion was made by Councilman Barnard, seconded by Councilman Stapleton - to-approve the renewal application of the Aspen Drug Store - liquor licensed drug store. There were no remonstrances. Roll call - Councilman Kuster abstained; Councilmen Stapleton aye; Barnard aye. The motiOn carried. Matthew Drug Store- a motion was made by Councilman St~pleton, seconded by Councilman.Barnar~, to approve the renewal application of ~ Matthew Drug Store - liquor licensed drug store. ~here were no remonstrances. Roll call - Councilmen KUster abstained. Councilmen Stapleton aye; Barnard aye. The motion carried. Club Eagles' Club - a motion was made by Councilman Barnard,seconded by Licenses Councilman Stapleton~ to renew the club liquor license of the Eagles Club. There were nO remonstrances. Roll call - Councilmen Barnard aye; Staple- ton aye; Kuster abstained. The motion carried. Elks' Club - a motion was made by Councilman Stapleton, Seconded by Councilman Barnard to mpprove the renewal application-club liquor license- of the Elks' Club. Rm~R~a~xx. There were no remonstrances. Roll call vote- Councilman Stapleton aye; Kuster abstained; Barnard aye. Motion carried. Beer and Wine The Paragon Restaurant~- copy of lease has been filed with City. Licenses A motion was made by Councilman Stapleton to approve the renewal beer and wine application of the Paragon Restaurant. Motion seconded by Councilman Barnard.~ There were no remonstrances. Roll call vote- Councilman Kuster abstained: Councilmen Barnsrd aye; Stapleton aye. Motion carried. T~e Mountain Chalet -Councilman Barnard asked about dollar volume on a license -as this is a seasonal business, and Mr. Philpott replied, that they can be open only three days ~f they want to. Councilman Barnard then moved fo~ the approval of the renewal of the beer and wine license of the Mountain Chalet. Motion-seconded by Councilman Stapleton. Mr. Philpott said he ha~ not yet had a chance to inspect the premises due to absence of owner, who has now returned and inspection will be made. There were no remonstrances. Roll call vote Councilman Stapleton aye; Kuster abstained; Barnard aye. The motion carried. Retail Liquor Paul's Liquors - A motion was made by CoUncilman Barnard, secdnded Stores by Councilman Stapleton, to approve the retail liquor store ~ application of Paul's Liquors. Motion seconded bY Councilman Stapleton. There were no remonstrances. Roll call vote - Councilman Barnard aye; Kuster abstained; Stapleton aye. The motion carried. Louie's S~rit House a motion was made by Councilman Stapleton, seconded by Councilman Barnard, to approve the renewal application for retail liquor store-of Louie's Spirit House. There were no remonstrances. Roll call vote - Councilman Kuster abstained. Councilmen Barnard aye; Stapleton aye. Motion carried. Magnifico Liquors, Inc. - a motion was made by Councilman Barnard, seconded by Councilman Stapleton, to approve the renewal application for retail liquor store of Magnifico's Aiquors. There were no remonstrances. Roll call vote- Liquor Councilman Stapleton aye; Barnard aye; Kuster abstained. Motion carried. License Renewals 1966 The Abbey Bar and Restaurant - a motion was made by Gouncilman Stapleton seconded by Councilman Barnard, to approve the beer, wine and liquor renewal ap- Beer,Wine plieation of the Abbey Bar and Restaurant. There were no remonstrances. Roll and Liquor call - Councilman Kuster abstained. Councilmen Stapleton aye; Barnard aye. The motion carried. Aspen Alps Club - a motion was made by Councilman Barnard, seconded by Councilman StapletOn, to approve the beer wine and liquor renewal application of the Aspen Alps Club. There were no remonstrances. Roll call vote - Councilman Barnard aye; Stapleton aye; Muster abstained..The motion carried. The Buffet Room - a motion was made by COuncilman Stapleton to approve the beer, wide and liquor renewal application of the Buffet Room. Motion seconded by Councilman Barnard. Discussed - whether Heinz Wolf will be here to operate restaurant, and fact that no one else could use his license. Roll call Council- man Kuster abstained; Councilman Stapleton aye; Barnard aye; The motion car- ried. There were no remonstrances. The Centre of Aspen - A motion was made by Councilman Barnard, seconded by Councilman Staple ton- to approve the beer, wine and liquor renewal application of the Centre of Aspen. Roll call Councilman Kuster abstained; Councilman Barnard aye; Stapleton aye~ The motion carried. There were no remonstrances. The Chart House - a motion was made by Ceuncilman StaPleton, seconded by Councilman Barnard - to approve the beer, wine and liquor renewal-application of the Chart House. There were no remonstrances. Roll call - Councitrmn Barnard aye; Stapleton aye; Councilman Kuster abstained~ The motion carried. The Glory Hole a motion was made by Councilman Barnard, seconded by Councilman Stapleton, to approve the beer, wine and liquor renewal application of the Glory Hole, There were no remonstrances. Roll call - Councilman Kuster abstained;. Councilmen Stapleton aye; Barnard aye. The motion carried. Guido's SwiSs Inn - a motion was made by Councilman StapletoD seconded by Councilman Barnard -~ to approve the beer,wine and liquor renewal application of Guido's Swiss Inn. ~here were no remonstrances.Roll call - Councilmen Staple- ton aye;Barnard aye; Councilman Kuster abstained. The motion carried. Frontiersman s Bar- Hotel Jerome -a motion was made by Councilman Barnard, seconded by Councilman Stapleton, to approve the beer, wine and liquor renewal application of the Frontiersman's Bar. ~here were no remonstrances. Roll call - Councilmen Barnard aye; Kuster abstained;. Stapleton aye. lhe motion carried. S~romberg's - Independent Restaurant Co. - a motion was made by Councilman Stapleton, seconded by CouncilmanBarnard- to. approve the renewal appli- cation of Stromberg's for beer wine and liquor. There were no remonstrances. Roll call - Councilmen Stapleton aye; Barnard aye; Kuster abstained. The motion carried, The Lodge - a motion was made by Councilma~ ~tapleton, seconded by Councilman Barnard- to approve th& renewal application for beer, wine and liquor, for the Lodge~ There were no remonstrances. Roll call - Councilman Kuster abstained: Councilman Barnard aye; Stapleton aye. The motion carried. The Red Onion- a motion was made by Councilman Barnard, seconded by Cou6cilman Stapletoni. to approve the renewal application for beer, w~ne and liquor for the Red Onion. here were no remonstrances. Roll call - Councilman Kuster abstaihed: Councilmen Stapleton aye; Barnard aye. The motion carried. The Roman Lion - a motion was made by Councilman Stapleton, seconded by Councilman Barnard, to approve the renewal application of The Roman Lion for beer, wine &nd liquor. There were no remonstrances. Roll call - Councilmen Barnard aye; S~apleton aye; Kuster abstained. The motion carried. The Silver Chicken - a motion was made by Councilman Barnard, seconded by Councilman Stapleton, to ~pp~ove the renewal application of the Silver Chicken for beer, wine and liquor. ~h~re were no remonstrances. Roll call vote- Council- men Stapleton aye; Kuster abstained; Barnard aye. The motion carried. Gray's Smuggler Inn -~a motion was made by Councilman Stapleton, seconded by Cduncilman Barnard- to approve the renewal application of Qray's Smuggler Inn for beer, wine and liquor. There were no remonstrances. Roll call - Councilmen Barnard aye; Stapleton aye; Kuster abstained. The motion carried. The Steak Pit - a motion was made by Councilman Barnard, seconded by Councilman Stapleton'to approve the renewal application of the Steak Pit for beer~ wine and liquor. There were no remonstrances. Roll call - Councilman Staple- ton aye; Kuster abstained; Barnard aye. 'Motion carried. The Woodlander - A motion was made by Councilman Stapleton to approve the renewal application of the Woodlander for beer, wine and liquor. Motion seconded by Cduncilman Barnard. Mr. Hampel~informed Council that they intended to put archway in wall into premises formerly°known as Sunnie's fqr folk music. They have permissio~ of owner, and need Building Inspector's O.K. It would not be a new license but would be an extension of the present operation. Discussed- lease is with Gallun, and no problem is involve~. Attorney Tam Scott said that 429 Aspen, Colorado Regular Meeting Aspen City Council, November 15, 1965 continued. Attorney Petrie does have something to do with Sunnie's, but this would not be relevant to the Woodlander. There were no remonstrances. Roll call vote - Council- Renewals man Stapleton aye; Kuster abstained; Barnard aye. The Motion carried. Liquor Lic. 1966 The Crystal Palace - a motion was made by Councilman Barnard, seconded by Councilman Stapleton to approve the renewal of the beer, wine and liquor license for the Crystal Palace. There were no remonstrances,. Roll call - Councilmen- Kuster abstained: Barnard aye; Stapleton aye. '£he motion carried. The Motherlode - See Minutes of October 4, 1965 - approving issuance~f beer, wine and liquor license effective January 1, 1966. C ' Transfer of Liquor License - Sun-Sut orporatlon - application filed November 10, 1965 to be heard at meeting of December 6, 1965. CoUncil wants to be sure lease is cleared. Attorney Scott said Mr. Petrie does have something on this matter. Attorney Scott referred to agreement - purchase of land for new Easement City dump - 50 foot buffer zone and provision for "no nuisance suits". Dis- on Dump cussed - 60 foot right-of-way. A Motion was made by Councilman Barnard to authorize the Mayor and City Clerk to execute the agreement, with property description attached thereto and provision for easement. Motion seconded by CounCilman Stapleton. Roll call vote - Councilman Kuster aye; Stapleton aye; Barnard aye. Easement - Mike Marolt - A motion was made by Councilman Kuster, Easement seconded by Councilman Barnard to accept the offer of Mike Marolt - $250.00 for Mike Marolt an easement to connect with the Snowbunny water system. Roll call vote - Councilmen Stapleton aye; Kuster aye; Barnard aye. Mr. Kerrigan referred to bill of Robert HAll Construction - and said Payment $400.00 had been deducted due to delay, and cost due to damage had also been Robert Hall deducted. A motion was made bY Councilman Kuster to suspend Rule 19 and to pay Const. $6,649.66 to Robert Hall Construction. Motion seconded by Councilman Stapleton. Roll call vote - CoUncilmen Barnard aye; Kuster aye; Stapleton aye. Mr. Kerrigan informed Council that Handwerk is within the Sanitation Waterline District - and a motion was made by Councilman Stapleton, seconded by Councilman Agreement Barnard, to authorize the Mayor and City Clerk to execute the waterline Handwerk agreement. Roll call vote Councilman Kuster aye; Stapleton aye; Barnard ~ aye. The City Administrator referred to need for new rate for all-el~ctric All-Electric heating, and new rate ordinance recommended by the P.U.C. which would be Heating Rate adopted by resolution. Discussed - condominiums and room rental tax. Mr. Kerrigan is to give copies of proposed change in rate to Council for review, and this matter was tabled until the meeting of December 6, 1965, upon motion by Councilman Barnard, seconded by Councilman Kuster and carried with all Councilmen voting aye. Councilman Kuster referred to tree planting holes left in sidewalks, Sidewalk and hazard created. Discussed - planting of evergreens- and Mr. Kerrigan Tree Plantin is to make arrangements with Hank Pedersen for this. Councilman Kuster asked Bill Dunaway when cable TV will be in effect- Cable TV Mr. Dunaway explained difficulties ehey had encountered - and said they expected to be in operation by January 15th. Councilman Kuster referred to trash on sidewalks - this and condition Trash of alleys was discussed and Mr. Kerrigan is to take th~s up with the Police Chief. Councilman Stapleton asked Mr. Kerrigan to obtain information regarding home rule cities and charters. Mayor Pro-rem McEachern read letter from the Planin~ and Zoning Comm- Fire Escape ission approving fire-escape on the Roaring Fork Building - wish insurance Roaring Fork protecting the City. November 12, 1965. A motion was made by Councilman Barnard, Bldg. seconded by Councilman Kuster, to approve and to instruct the City Attorney to prepare easement, and the Building Inspector to issue a building permit for the new fire escape for the Roaring Fork Building. Roll call vote - Councilman Barnard aye; Kuster aye; Stapleton aye. Mr. McEachern read letter from Tony Berumin dated, November 10, 1965, Annexation re annexation to the City of Sunny Park Sub-division and watermain extention. K Berumin Petition for annexation has not yet b~en presented to City. Mr. errlgan is compiling information for policy on Watermain extensions. Council will hold request for survey. Mr. McEachern read card of thahks from Ted Armstrong for City's contribution to the Recreation program. 430 Regular Meeting Aspen City Council November 15, 1965 Continued. Councilman Barnard asked Mr. Kerrigan why City's insurance f'~ coverage is not bein~ put on bid, and after discussion, a motion was made Insurance by Councilman Barnard, seconded by Councilman Kuster that information on Coverage for insurance is to be gathered by Mr. Kerrigan. Roll call vqte - Councilman Bid Stapleton abstained - Barna~d a~e; Kuster aye. the motion carried. Discussed - Crawler-Tractor and Council reviewed bids. Discussed- purchase of dump completed before purchasing - County participation - the Dump-Crawler- Commissioners indicated ~reference of a Caterpillar, and Council feels Tractor "use" should be definitely established. It was suggested that representatives talk to Council on this type of machine. A motion was made 'by Councilman Barnard, seconded by Councilman Stapletcn, to adjourn the meeting - at 6:30 PM. The motion carried.