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HomeMy WebLinkAboutminutes.council.19651206Aspen~ Colorado Regular Meeting Aspen City Council December 6, 1965 The reMular meeting was called to order at 3:50 P.M. by Mayor Pabst, with Counc{lmen Kust~r, McEachern, Barnard and Stapleton, City Attorney Balcomb and City Administrator Kerrigan present. The accounts payable were given to Councilman Kuster to check. The minutes of the regular meeting of November 15, 1965, were approved as read. A motion was made by Councilman Kuster to suspend Rule lg and to pay the City's bills in the amount of $17,287.20. Motion was seconded by Councilman McEachern. Roll Call - Councilman Barnard aye; McEachern aye; Kuster aye; Stapleton aye. Councilman Kuster moved to suspend Rule 19, and to pay $7,841.10 Payment to T. L. Benson on the sidewalk project. Motion seconded bv Councilman~ Sidewalk McEachern. Roll Call vote - Councilmen Stapleton aye; Kuster aye; McEachern PrOject aye; Barnard aye. ' ~-~ Liquor License - Knight Club - Attorney Leslle Gross informed. Council that the matter of possession is set for December 9, 1965, Liouor License in court - whether Hubert Erhard or Knight Club is entitled to possession Knight Club of premises. Liquor License - Sun-Sut Corporation Sunnie's Rendezvous. Liquor License Mr. Gross referred to application and addendum submitted- also to petition Sunn~e's bearing 63 signatures - in favor of transfer - and called attention to Regulation 16-C-2. He said this application is for a location not pre- viously licensed for alcoholic beverage, and as far as he knows, no previous application has been made for this location. He filed letter dated December 6, 1965, from Bert Bidwell stating that the Sun-Sut Corporation is, or will be, entitled to possession of the restaurant premises at 434 East Cooper, under a lease. Mr.~Gross added that there is a draft cf a lease to take effect when liquor license is issued for a period of ten years. Attorney Balcomb asked Mr. Gross what is~binding Mr. Bidwell now to complete the lease. Attorney Gross replied that location is in area where sale of liquor is p~mmitted, and is not within prohibited distance of~schools; that the building is in existence, and plans have been filed; that statutory requirements on publishing and posting have been met. He said estimated cost of fixtures is $25,000.00 and $16,500.00 is available in cash, and balance will be carried by vendors of furniture and fixtures. Peter Guy of the Steak Pit, Inc. referred to Sunnie's operation in the past, and said he feels Council would prefer to transfer her license rather than to hassle with a new application. John Hooker, accountant for the Sun-Sut Corporation, was pre. sent. 4,,31 Regular Meeting Aspen City Council December 6, 1965 Continued. Attorney William Clark said he was representing Leonard Thomas on a promissory note he holds on certain furniture, fixtures and other equipment used in the operation of the Rendezvous, and he left with Council a letter reviewing the relationship between Mr. Thomas and Mrs. Sutton. Mr. Clark said he was filing a protest and referred to responsibility of the local licensing authority to check into the financial responsibility of applicants. Mr. Clark asked Council to check into why the Sun-Sut Corporation was for~ned, and the position of Mfs. Sutton in it. He also filed a cancelled check for $240.00 from the Sun-Sut Corporation to Wisconsin Colorado Corporation as rent. Mr. Cross gave a chronological outline from 1958 to date on the restaurant in the Gallun Building - on lease assignments. He said approximately $10,000.00 has been paid by Mrs. Sutton to Petre and Zimme~man; that Sun-Sut Corporation had asked Ga!]_un to give tenancy to Sunnie's Rendezvous, and that lease had been tel~minated with the approval of Gallun. Mr. Gross said that legally, Mrs. Sutton is not involved with transfer, and suggested that Attorney Clark sue. Mr. Clark asked Council - what is Mrs. Sutton's true ~osition in Corporation, and also asked Council to keep clear her obligation to Thomas. Mr. Gross said Petre and Zimmerman could not have acquired bus- iness, only furniture and fixtures. Mrs. Sutton told Council she does not own any stock in the Corporation and does not intend to own any - that she will assist her husband in operation. Mr. Clark feels there is a factual interest in the corporation by Mrs. Sutton. Attorney Balcomb advised that a person may use a corporation as a screen, and he feels it is important to know if she is helping to ~inance corporation. Attorney Cross said the corporation is not obligated to Mrs. Sutton. Mr. Balcomb advised that, if Mrs. Sutton is not financing the corporation she is not involved. A Motion was then made by Councilman Barnard, seconded by Councilman McEachern, to grant transfer of liquor license of Sun-Sut Corporation dba S~nnie's Rendezvous. There was no further discussion. Roll call vote - Councilman Stapleton nay - because he Wants investigation made to determine if Sunnie does have financial interest in the corporation Councilman Kuster abstained; Councilman McEachern aye; Barnard aye~ Motion Carried. Councilman Kuster did not take part in any of the discussion on the foregoing transfer of liquor license of Sunnie's Rendezvous. Lease Beck Mr. Beck and Mr. Bishop were present regarding their lease on Bishop premises in the Opera House - they ~eferred to long range plan that provides for parking on the lot next to them, Discussed - revision of rental ma~e at time of renewal of lease December 31, 1966. Council K ' instructed Mr. errlgan to determine current rate of ~ental. HEARING ON ZONING OF ANNEXED AREA. Mayor Pabst read letter dated December 6, 1965, from Planning Annexation Commission re adopting new zoning ordinance covering a T-1 and R-30 Zoning zoning district. Sans Gramiger asked if copies were available and Mr. Helmig asked about map - which was placed on display by Jack Walls, who pointed out areas under consideration for rezoning and areas to remain xoned as they were under County zoning. Mr. R. C. Cavness, Denver and Rio Grande RR, presented a letter dated December 1, 1965, stating that the D & RGW Railroad Company would DenFer RG RR be agreeable to such annexation provided all of its station grounds is annexed into the City and zoned "Business". This is to be referred to the Planning Commission. Mr. Helmig - Aspen Institute - asked about the Aspen Company s~:condd sub-division and presented plans for this area. He said they Institute plan to put affiliated buildings in this area now zoned R-15, and recommended that it be rezoned to T-l, so that entire Institute complex will be zoned T-l, and he will submit letter to that effect to Council. 3ack Walls, Chairman of the Planning Commission, said Commis- sion felt the R-15 zoning should be maintained to protect the property owners in the sub-division. 432 Regular Meeting Aspen City Council December 6, 1965 Continued. There was no::further comment or discussion, and a motion was made by~iCouncilman Bernard to instruct the City Attorney to form an additional ~-n category in the zoning provisions to cover T-1 and R-30, as described in the Planning Commission's letter dated December 6. Motion seconded by Councilman Stapleton. Roll call vote - Councilmen Kuster aye; Stapleton aye; McEachern aye; Barnard aye. Dr. Baxter said he felt that rezoning to more profitable basis should not be. done on "faith" - and he opposes change in the zoning of Aspen Sub-division at this time. Mr. Helmig felt there would not be any change that would deteriorate adjacent property. Councilman Barnard asked if those present were more in favor of keeping present zoning until the Institute is ready to expand. Jack Walls said Planning Commission would like to keep present zoning and change when the Institute is ready to use area. Those present and.taking part in the discussion were Ellie Bealmear, Natalie Gignoux, and Dr. Baxter. A motion was then made by Councilman McEachern, seconded by Councilman Bernard that the recommendations of the Planning Commission on rezoning be adopted. Roll call vote , Councilman Stapleton aye; Kuster E aye; Mc achern aye; Bernard aye. Attorney Balcomb will prepare ordinance. A motion was made by Councilman Barnard, seconded by Councilman Kuster to adjourn the hearing - at 5:50 P.M. Ail Councilmen voted aye. Mayor Pabst read letter from the Planning Commission dated Main & N. Grig December 6, 1965, re Main and North Original Streets - the major portion of inal the recently annexed area being in private ownership. Mr. Kirby Mclntosh, President of Thor's Hearth Corporation, said they are willing to co-operate on this matter, and they feel it is urgent that decision be made in the near future they will give right-of-way but they do not own the property- they have long-term l~ase. Mr. Kerrigan said survey has been started. A Motion was made by Councilman Kuster, seconded by Councilman Barnard not to issue building permit for any new construction on the streets ~ I in question until study can be made. Roll call vote - Councilmen Stapleton aye; Kuster aye; McEachern aye; Barnard aye. Christmas bonus discussed and Council agreed that no bonuses X-Mas Bonua would be paid, due to adjustment in salary schedule as outlined in the recently adopted employee manual. Attorney Balcomb read easement - for fire escape on Roaring Easement Fork Building, and a motion was made by Councilman McEachern to adopt the Roaring Fork easement for extension of fire escape on Roaring 'York Building into the alley. Motion was seconded by Councilman Barnard. DiscUssed - widiha Clyde C1ymer feels this is excessive - and he does not feel that a roof over the e~cape is necessary. Councilman McEachern withdrew his motioh, and Councilman Barnard his second, and the Council will look over the proposed installation. Attorney Balcomb said he had talked with Attorney Charles Stewart about the Buchanan demand for deed in the East Aspen Patent area - East Aspen three parcels are involved A, B and C - and there is no quarrel on A and B Patent but C is involved in suit. Council looked at East Aspen plat filed with K ' Mr. errlgan. Mr. Balcomb referred to Glenwood Springs people employed in Aspen during the winter season only and required to register under ordinance. Registration Discussed, and tabled until next meeting. Mr. Balcomb then referred to suit to set aside the recent annexation under Ordinance No. 16, 1965 - and Council wants him to defend the City. Resolution for transfer of funds - $30,000.00 from Electric Transfer of Department to General Fund- read by Attorney Balcomb. Funds Regular Meeting Aspen City Council December 6, 1965 Continued. RESOLUTION WHEREAS, the City Council of the City of Aspen Color~do, desires to pay certain amounts that are now due from the General Fund of the City, and finds that there is not sufficient money available in the General Fund cur- rently to effect such payments: ~{EREAS, the ~aY~ents ~f~such accounts shall not cause the City to exceed the over-all budget of the General Fund; WHEREAS, the City Council finds that i~ is in the best interest of the City to make such payments, and desires to transfer the sum of $30,000.00 from the Elec- tric Operating Fund to the General Fund, to accomplish the purposes aforesaid; NOW, THEREFORE, be it resolved: 1. The City Clerk and the City Treasurer are hereby authorized and directed to transfer the sum of $30,000.00 from the Electric Operating Fund to the General Fund to provide for the payment from the General Fund of the following accounts due from~the City: Sidewalk Project and Other Accounts. 2. C copy of this Resolution shall be delivered to the City Clerk and City Treasurer as authority to effect said transfer. A Motion was made by Councilman Stapleton to accept the resolution as read. Seconded by Councilman Kuster. Roll call vote - Councilman Bernard aye; McEachern aye; Kuster aye; Stapleton aye. Crawler-Tractor - problems not yet resolved remove from agenda. Long Range Plan - Project No. Colo. P 26 - Mr. Kerrigan referred to copies of the agreement received from the State of Colorado-Division of Commerce and Development and this was reviewed by Council. A motion was made by Councilman McEachern, seconded by Councilman Bernard, to authorize the Mayor and City Clerk to execute this agreement. Roll call vote Councilmen Stapleton aye; KuSter aye; McEaehern aye; Barnard aye. Mr. Kerrigan referred to filings on Maroon and Castle Creek - Filings on maps to be signed by Mayor and City Clerk and sent to Dale Rea to be Maroon & Caste filed with the State Engineer. Creek He also referred to filing on Durant Mine water - to be signed and Filings Durant returned to Davis Holder to make filing with the State Engineer. Mine Water A motion was then made by Councilman McEachern, seconded by Gouhcilman Kuster, to au~thorize the Ma~or and the City Clerk to sign both filings, and return them to the respective engineers to be filed with the State Engln~er. Attorney Balcomb referred to need to preserve water on the Western Slope, and feels Aspen should transfer rights to the Water Conservancy District for protection. Discussed. Roll call Stapleton aye; Muster aye; McEachern aye; Bernard aye. Agreement - dump purchase - Mr. Kerriga~ safd agreement b. ad been Dump ~iven to Christenson, and has not yet been returned. Insurance - Mr. Kerrigan said he, Cliff Brelsford and Bill Stapleton are to review City's coverage, and the latter two will Insurance present bids. Mr. Kerrigan asked Council which engineer is to design the fil- tration plant. DiscUssed, and a motion was made by Councilman Stapleton Filtration Plan seconded by Councilman McEacher~ to accept Steam-Rogers Corporation to design and construct the filtration plant. Discussion - Councilman Bernard favors Dale Rea due to his present work for the City, and because Council is in "lame duck" session he does not feel change would be beneficial at this time. Councilman McEachern withdrew his second to the motion. Clyde Clymer - elected Councilman - feels that Rea should engineer the project and construction let out on bid. Councilman Stapleton withdrew his motion. Regular Meeting Aspen City Council December 6, 1965 Continued. Councilman Stapleton then moved to instruct Mr. Kerrigan to ask Dale Rea to design the filtration plant, and to have one contractor do the whole job. Motion seconded by Councilman McEachern. Roll call vote - Councilmen Kuster aye; Stapleton aye; McEaohern aye; Barnard aye. Mayor Pabst read letter from Hans Gramiger re prohibiting distribution of hand bills and Mr. Kerrigan is to check to see if th~s is Hand Bills covered in the Municipal Code. Mayor Pabst read letter of resignation of Irvin Burkee from the Board of Adjustment, and the next person on the list of prospects is to 'acancy on be appointed. Board of Adj. Mr. Pabst also read letter from the Historical Society and Mr. Laine was present - regarding their getting the space in the Opera House Historical when the library moves out. CouBcil explained that as provided in the lease, Society the space would revert to the Aspen Institute. A letter from the Chamber cf Comraerce, requesting that a member of the City Government be appointed as ex-officio member of the Board of Directors, was read by Mr. Pabst, and a motion was made by Councilman Ex-Officio Chamber of Com. Barnard, seconded by Councilman McEachern to appoint Councilman Kuster as ex-officio member to the Chamber of Commerce. Ail Councilmen voted aye. Also read by Mayor Pabst - letter from Wendy Morse, requesting a loading zone on Galena Street. Council decided against this as several similar requests have been turned down. Councilman Ba~nard referred to cutting of streets and returning them to good condition - and he would like to have ordinance amended - Street Cutting to limit time for street cuts from April to October 15, except in cases of emergency. Discussed. Amendment to ordinance will be prepared. Also discussed- curb boxes covered by concrete. city maintaining sign mall - and Council will consider this. Councilman Bernard stressed need to have petitions prepared for Street Improvement District No. 2. Hans Gramiger referred to need for snow removal and keeping sidewalks clear - discussed. Mr. Gramiger said he felt the public should Sidewalk Snow~ ' know more about the zoning plans, and Councilman McEachern, member of the Removal Planning Commission said this is discussed at public meetings, and no secret meetings were held. Discussed- having City remove snow from sidewalks and charge owners. Mr. Kerrigan is to get information on small snow removal equipment. The meeting was adjourned at 7:45 PM upon motion by Councilman Bernard, seconded by Councilman McEachern and carried.