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HomeMy WebLinkAboutminutes.council.19651220 435 Regular Meeting Aspen City Council December 20, 1965 The regular meeting was called to order at 3:45 PM by Mayor Pabst. Present were Councilmen McEachern, Barnard, Stapleton and Kuster, ~ City Attorney Balcomb and City Administrator Kerrigan. ~ The accounts payable were given to Councilmen Barnard to check. i'!~ ~ The minutes of the previous meeting of December 6, 1965 were approved as read. A motion was made by Councilman Barnard t'o suspend Rule 19 and to pay the bills with the exception of the one from the William C. Stapleton Agency in the amount of $4,178.18, which should be discussed later. Motion seconded by Councilman McEachern. Roll Call vote - Councilmen Stapleton aye; Kuster aye; McEachern aye; Barnard aye. Councilman Barnard referred to the bill from Strong and Alcorn for car towing, and he feels guests will be infuriated, and this should be reviewed. Mr. Kerrigan said program is good, and he recommends alternate Impounding Cars parking - and referred to - no warnings issued, and weather conditions such that streets are c~ear; and he recommended that warnings be issued and that cars be towed away without notice, only when ~t is necessary to haul snow away. Discussed. Herb Powers was not present re Winterskol. Hans Gramiger referred to roadway in Riverside Annex encroaching on four lots - and requested action by next spring. He presented plat Riverside Annex of Lots numbering 2 through 5, Block 6 of the Riverside Annex in and to Encroachment the City and Townsite of Aspen, Colorado, representing an actual survey made by Robert D. Scarrow, who certified that he had found the existing roadway encroachment upon the lots as shown thereon. A motion~s made by Councilman Barnard, to relocate the road to the proper position in the Spring. Motion seconded by Councilman Stapleton. Roll call vote - Councilmen Kuster aye; Stapleton aye; Barnard aye; McEachern aye. Knight Club, Inc. - Liquor license renewal - Hearing. Hearing Knight Attorney Balcomb reviewed the Action and Stipulation of the Court. Club Councilman Barnard felt this matter should be resolved. Council agreed to a formal hearing and Mrs. Dot Slater came in to take minutes of the hearing. Counc$1man Kuster left the Council Chambers. Mrs. Marry Podmore Hedin was present for the Knight Club Inc., and said she was not represented by Council. Mrs. Hedin referred to - license issued onoe, and renewed need for this type of operation - censure for three months operation and said they are now making a concerted effort to comply, and asked if they, have the rl~.ht to renewal of license. She made reference to a petition~ circulated by Bert Bidwell and change of manaMership. Mrs. Hedin then referred to case in District Court - and said she had paid $6,000.00 to the District Ct~rk. Attorney Gross outlined the position of Hubert grhard in the court case, and read Stipulation and Order dated December 9, 1965. Councilman Barnard referred to State Liquor Code and requirement covering "right of possession". Attorney Balcomb said Council could approve renewal application subject to their submitting lease. Upon inquiry, Mrs. Hedin told Council that the $6,000 had been loaned by a private party - and due to reasonable interest rate, she does not feel she should reveal source. Discussed further - "tender of funds" and Stipulation and Order. Attorney Balcomb referred to March 22, 1965, hearing and reports of Health Officer and Police Department, and he asked Mrs. Hedin if she had any objection to their being admitted to the record, and gave them to her to look over. Report of Police Officer Mackintosh - he said he had been in several times since the Knight Club re-opened there has been about 100 percent changeover - no complaints or trouble - most employees have changed - lights are improved the place is cleaner - and there is 100 percent co-operation in checking I.D.'s. Discussed - Robert Hedin is official manager this year. Mead Metcalf asked if KniMht Club is in arrears on Liquor. " Discussed. Metcalf said he had hoped that Council would come to some con- Knight Club clusion on how places should be run. Hearing Mrs. Hedin referred to list of indebtedness submitted to Mr. Kerrigan She said she ~eels credit6rs can be paid off and that they will go along with her; approximately $12,000.00 is owed. Metcalf referred to 30 day maximum credit all~wed by liquor suppliers, and Mrs. Hedin said they are supplying on C.O.D. basis. Mr. Hedin said Federal tax lien is being reduced. Attorney Balcomb handed list of indebtedness to the City Clerk to be filed with proceedings. Linda Preston asked how they can operate with no increase in gross if they could not last year, and Mrs. Hedin felt thev could, without any increase in volume. Discussed- non-operation during summer season. Councilman Barnard asked about food adequacy. Mrs. Hedin replied that meals are served on a limited basis. Councilman Barnard then asked Mr. Philpott - State Liquor Enforcement Officer, as to adequacy of food service. Mr. Philpott said he had not made a recent inspection, and he does not know if Knight Club is in violation of the Code. Discussed, and Attorney Gross said the Knight Club is in violation of the State requirements. M~s~ Hedinisa~d~:'tRa~, on advise o~ Counsel, they are in compliance with Code in serving ravioli, spaghetti, meat balls, and instant coffee. Attorney Balcomb then asked Wrs. Hedin if the papers and documents in connection with the March 22, 1965 hearing are in order, and she said they are. He handed them. to the Clerk for these proceedings. Mr. Hedin~aaid he had asked the City Building Inspector for written comments on his inspection. Mr. Thhrston, Building Inspector, said he and the assistant building inspector had made an inspection that day, and they looked at things they had looked at last winter and had foun~ them about the same. He referred to poor wirir~g and dangling fixtures and hazards. He said the men's room needs plumbing device - that the area under the bar has dirt and debris - that it has not been cleaned for a long time, and there is also broken zlass; that exit door and bolts are illegal; that he has listed violations and will send them a letter. He also said there were no cooking facilities. Councilman Stapleton asked if the sanitarian had made an inspection; ~. " Thurston does not know but feels he has been made aware of the conditions. Councilman McEachern referred to letters'from suppliers ~hat they have not heard from them, and Mrs. Hedin said money is bein~ deposited in Denver to cover these debts. Bill Beyer referred to indebtedness other than for liquor - and Council's responsibility to determine financial status according to the State Liquor Code. Petition to deny license containing ~6 names - read by Attorney Balcomb, and Mrs. Hedin looked it over. Sam Lum, as private citizen, said that according to accounting procedures, $24,000 should be in cash, with $12,000 of debts, and he feels this operation cannot make it. Mrs. Hedin referred to petition and said some of the signers are other people in the liquor business. Mayor Pabst then asked if there were any more remarks or remonstrances - there were none. Councilman Barnard then moved that Council go into executive session to deliberate' the renewal of the Knight Club application. Motion seconded by Councilman McEachern. Councilman Bamnard, McEachern and Stapleton all voted aye. Time 5:25 P.M. Council reconven~d at 5:50 P.M. and Mayor Pabst called the meeting ~ order. 437 Regular Meeting Asr~en City Council December 20: 1965 Attorney Gross stated that at 4:30 P.M. Judge Fuighum had signed two documents - Civil Actions 3587 and 3607 (Knight Club Inc.) First - Order Enforcing and Executin~ Order of Dec. 9, 1965 i Second - Writ of Restitution and Assistance. These documents had been brOught to the Council Chambers while the Council was in executive session. Mr. Gross read them, and filed -~ copies with the City Clerk for the hearing. He said it would be contempt of court if the Knight Club Inc. did not vacate and withdraw. Mrs. Hedin said she did not want to reply without advise of Counsel, and asked if she could call her attorney. Attorney Balcomb gave cop~es of Civil Actions 3587 and 3607 to her to confer with Counsel, and Mrs. Hedin left the chambers. Herb Powers - Winterskol - he asked for police protection and Winterskol control during parade - and also for traffic control at the Brown Ice Palace Friday night. Council agreed~ and this is to be worked out with the Police Chief. Sunnie's Rendezvous - Renewal of liquor license for 1966 - a motion was made by Councilman Barnard, secended by Councilman McEachern Sunnie's Renewa~ to approve this renewal application for 1966. Roll call vote . Councilman McEachern aye; Stapleton aye; Bernard aye. Councilman Kuster was absent. Original Street Right- of - Way - Mr. Erickson presented the Original Right of_Way following letter to Council. SUbject: Issuance Of building permit to Thor Enterprises, Inc. for construction of Thor's Hearth on corner of East Main and Original Street. I would like to take this opportunity to express Thor Enterprises Inc., a Colorado Corporation, concern that a decision be reached at your meeting of December 20, 1965 in regard to the issuance of a building permit for the West Hall of Thor's Hearth. We desire to cooperate in every manner possible to expedite the iss- uance of this permit. ~ · The following should be taken into consideration i prior to making your decision. While the building permits are the province of the Board of Review you have issued ~ ? instructions to the Board of Review not to issue the permit until the question of re-routing traffic by an extension of Main Street has been determined. 1. Thor Enterprises Inc. is willing to consider a right-of-way at the extension of Main Street that is in keeping with the basic design as was presented to the Board of Review on December 7, 1965. 2. Full compliance with both the City and County building codes has been made with concurrence of the Board R ' of evlew on said date. 3. Thor Enterprises Inc. has cooperated to the fullest extent with any and all requests of the City Council, the Board of Review and the Mayor of Aspen-- ~. a. To the extent of the removal of six old buildings that existed on the Hopkins and Original Street site, although no immediate construction plans required their removal. b. The addition of the most complete and ex- : pensive sewage system in the Aspen area for a comparable complex, more than just comPl~$~g with the building codes of the Aspen area. c. The redesigning of the building as to set backs and height restrictions to comply with the newly en- acted ordinance of the City Council passed ~uring the phase of review of Thor{s plans. All of this was done without hesitation and with the utmost speed in order that the Aspen City Council or Board of Review would not be inconvenienced in any manner. (This was shown I am sure by the flying trip to Aspen of our architect~ members of the Board of Directors and myself, to resolve a question on the property ~ during the initial phase of the building lay out, along I with subsequent trips by both the architect and Mr, i, ~ McIntosh, the President of Thor Enterprises.) 438 Regular Meeting Aspen City Council]~ December 20, 1965 continued. 4. As indicated by the Board of Review the plans Original Street presented to them meet all requirements of the City Build- Right-of-Way lng code except for some minor changes which can be resolved immediately upon City Council's lifting the restriction upon issuance of the buildin~ permit. Thus, any delay lies solely possibility of re-routing of traffic within the Aspen City limits. 5. Due to the continuing delay of the issuance of the buildin~ permit Thor Enterprises, Inc. has experienced and is continuin~ to experience considerable financial loss and hardship. 6. The property in question is under lease, the lease is a matter of record and calls for the construction of a motel on the property. 7. A continuing refusal to grant the building permit based on the plans previously submitted which basically have met all requirements of the Aspen City Building Code could be interpreted as confiscation of property without due process and just compensation. It is hoped that this matter can be resolved in the most expeditious manner. /s/ Edward Philip Kurz Plat was reviewed and discussed. Also discussed - purchase or condemnation with just compensation. A motion was then made by Councilman McEachern that building permit be issued to Thor Enterprises, Inc. when application is in compliance with the ZoninM Ordinance, and assuming Main and Original to be public streets, and applicant is further to agree in writing ~to sell to the City Lot 1 of Block 27 and the area in Block 28 as shown on the map presented to Council, for its reasonable appraised value. Motion seconded by Councilman Bernard. Roll call vote - Councilman Stapleton aye; Barnard aye; McEachern aye. Mrs. Hedin returned to the Council Chambers. She said that, upon advise of Counsel, she would not withdraw her application for liquor Knight Club license renewal, nor her objection to Mr. Erhard's application. She said Hearing her counsel advised that motions are pending, and they will take the matter to the Supreme Court if necessary. Mayor Pabst read telegram f~om Bert Bidwell opposing renewal of the Knight Club liquor license. Discussed. Councilman Stapleton then read the following resolution to Council: RESOLUTION Resolution That the liquor license for the Knight Club, Inc. for 1966 Knight Club be denied on the following basis: 1. No food operation - which violates State Liquor Code - Sec. 75-2-22. 2. C~.ty of Aspen Building Inspector report unfavorable and no correction of inspection has been made since March of 1965. 3. Financial condition unfavorable approximately $12,000.00 due and payable, most of which dates back to the first quarter of 1965. Petition against approval of license - bearing 47 signature s. 5. Remonstrances from the floor are unfavorable. 6. By order of the District Court of Pitkin County dated December 20~ 1965, the applicant is not entitled to occupancy of the premise~, therefore, not entitled to liquor license. On the above and fore- going reasons the City Council of the City of Aspen does hereby concur that the renewal of this license would not meet regular needs of the community, and continued violation~ of the Liquor Code would probably result if the liquor license should be issued. A motion was then made by Councilman Barnard to adopt the Resolution as read by Councilman Stapleton. Motion seconded by Councilman I ' McEachern. Roll call vote - Councilman McEachern aye; Bernard aye; Stapleton aye. Councilman Kuster was absent. The motion carried. f ~ Councilman Kuster was not present during proceedings, nor when the above motion was made. Attorney Leslie Gross referred to the pending liquor license Golden Horn application Off the Golden Horn Restaurant Company and pending renewal .there- Liquor License of. He referred to 5 notarized petitions in favor of this license bearing 70 signatures. Council tabled this matter until the meeting of 3anuary 3, 1966. City Insurance Cliff Brelsford and Chuck Boettcher were present - Mr. Boettcher outlined present coverage and feels liability City Insurance coverage should be increased, as City has same responsibility as private Liability individuals. Council agreed to reappraisal and annual report provided this is done without cost to the City. It will be the first of the year before report will be ready. A motion was then made by Councilman Bernard, to suspend Rule 19 and to pay the bill of $4,178.48 to William C. Stapleton Agency. Motion was seconded by Councilman Mc~achern. Councilman Stapleton said his position in the William C. Stapleton Agency is that of an employee. Roll call vote Councilmen McEachern aye; Stapleton aye; Bernard aye. Reference was made to the following letter dated December Zoning Letter 6, 1965, from Phil D. Helmig of the Aspen Institute for Humanistic · l Aspen Instltu Studies, and the clerk was instructed to write it into the minutes. Re: Aspen Institute Property Zoning -New City Annexatioh. In connection with the annexation and zoning public hearing meeting of the City Council at 5:00 P.M. on December 6, 1965, involving all of the Aspen Institute property, I wish to go on record as requestinK that all of the Institute property south of the Roaring Fork River be zoned T-l, rather than a portion zoned T-l, and another i" portion zoned R-15, specifically the Second Aspen Company Subdivision property on the east side, ~which has been acquired recently. This letter becomes a confirmation of my presentation of the Institute's master plan to the Council, and I further request that it be attached to the minutes of the meeting for further reference. Attached is a plat showing the Institute property bound-- amies and the growth plans of the Institute. With the zoning now adopted, the Institute is unable to further its growth pattern because of the restriction of the R-15 zone, preventing the building of institutional-type buildings. In view of the fact that all housing facilities of the Institute are located between the Roaring Fork River and Castle Creek, away from any adjacent properties, and the master plan is to preserve the natural state of the property as much as possible by grouping building areas, as shown on the plat, it will be impossible to carry out this theme and the Institute plan under the present zoning. Therefore, please allow this to be of record as a formal request 'to zone all of the Institute property T-1 in order that the Institute may proceed with its proper growth plans, which certainly will be a benefit to the City and an improvement to all the surrounding property. This request was also made to the City Planning and Zoning Commission. /s/ Phil D. Helmig Vice President Employee registration Ordinance amendment for residents of Employee outlying area - tabled. ~ ~' Registratio Annexation and Improvement District No. 2 - petition cir- culation to be considered later. ~ Easement - Fire Escape - Council has checked fire escape on Easement the Roaring Fork Building and finds it conforms to code. A motion was Roarin~ Fork made by Councilman Stapleton, seconded by Councilman Bernard to accept Fire. Escape the easement as read at the meeting of December 5, 1965. Roll call vote - Councilmen[~Barnard aye; McEachern aye; Stapleton aye. * Ordinance No. 22, Series of 1965 - Amending Zoning Ordinance - 1st Ord. #22 read in full for the first time by Attorney Balcomb - and approved and ordered published upon motion by Councilman Barnard, seconded by Councilman Stapleton. Roll call vote Councilmen McEachern aye; Bernard aye; Stapleton aye. ** Ordinance No. 23, Series of 1965, Zoning Annexed arm- read in 1st Reading full for the first time by Attorney Balcomb - and approved and ordered Ord. #23 published upon motion by Councilman Stapleton, seconded by Councilman Barnard. There was no discussion. Roll call vote - Councilmen McEachern aye; Stapleton aye; Barnard aye. *** Ordinance No. 24, Series of 1965 - Additional Restrictions on 1st Reading Excavations - read in full for the first time by Attorney Balcomb and Ord. #24 approved and ordered published upon motion made by Councilman Barnard, and seconded by Councilman McEachern. No discussion. Roll call vote Councilmen Stapleton aye; Bernard aye; McEachern aye. Employee Registration Ordinance - Attorney Balcomb said this Employee Reg. does not make it unlawful to five false information. Discussed amendment to cover 6 months residency and employment. Council decided that the meeting for installation of city officials will be held at 3:30 P.M., January 10, 1966. Dump purchase contract - Mr. Kerrigan referred to letter fmom clint Stewart re possible delay in obtaining abstract and survey of right- Dump Contract of - way, and letters to be written if such delay occurs. Council agreed and instructed Clerk to send out the agreements. Contract with Dale Rea - filtration plant tabled until Contract Dale next meeting. Rea Christmas - Councilman Stapleton moved to adopt a resolution to give the married employees and Dorothy Hoffmann (City Clerk) a 20 pound X-Mas present turkey or a bottle of spirits - and the single employees a bottle of booze or a turkey - limit 20 pound turkey or quart of liquor - motion seconded by Councilman Barnard. Roll call vote - Councilmen McEachern aye; Bernard aye; Stapleton aye. Davis Holder Davis Holder - Contract - discussed - and a motion was made by Contract Councilman Mcmachern to terminate the Street Improvements and Storm Drainage Agreement with Davis C. Holder and Associates. Motion was seconded by Councilman Bernard. Roll call vote Councilmen Stapleton aye; Barnard aye; McEachern aye. Representatives from Henningson, Durham and Richardson were COntract present with proposals on street paving project Improvement District Henningson, Dur- No. 2 - and they submitted preliminary estimated costs on four plans, ham, Richardson Considerable discussion followed - and the representatives recommended Plan No. 4 - $8,00Oper front foot and $4.00 per side foot. They will submit folder indicating what streets will look like - and they re- commend soil cement mixed in a puMmill. A motion was made by Councilman Barnard to accept Plan #4 Improvement for Improvement District No. 2. Seconded by Councilman McEachern. iDistrict #2 Roll call vote - Councilman Stapleton aye; McEachern aye; Bernard aye. Councilman Bernard then moved to enter into a contract with Henningson, Durham and Richardson, as presented, with value of previous work to be $500.00 and City has the option to stop work up to time of filing plans and. specifications suitable for calling for bids, and to be billed on work actually completed. Motion seconded by Councilman McEachern. Roll call vote - Councilmen Stapleton aye; McEachern aye; Ba~nard aye. Board of Adjustment - a motion was made by Councilman Stapleton, Board of seconded by Councilman McEachern, to appoint Don Swales to the Board Adjustment of Adjustment. Roll call vote - Councilmen Barnard aye; McEachern aye; Appointment Stapleton aye. The meeting was adjourned at 7:50 P.M. upon motion by Barnard, seconded by McEaehern and carried. Titles of Rrdinances- ~~/~- - - * Ordi6ance No. 22, 1965- An Ordinance Amending Title XI, ~Chapter 1, ~ Zoning Ordinance of the City of Aspen, Colorado, to Provide for Two Additional Districts, and to Establish Uses and Regulations Therein, and Declaring an Emergency to Exist° ** Ordinance No. 23, 1965 -An Ordinance Amending Title XI, Chapter, The Zoning Ordinance of the City of Aspen, Colorado, to Provide Zoning for the Area to be Annexed to the City of Aspen, Colorado, by Ordinance No. 16, 1965, and Declaring an Emergency to Exist. *** Ordinsnce No. 2~, Series of 1965~ An Ordinance Amending Chapter 2 of Title as Amended, to Provide Additional Restrictions on Excavations in City Streets, Alleys, Sidewalks or other Public Ways, and Declaring an Emergency to Exist.