HomeMy WebLinkAboutminutes.council.19661017 Regular Meeting ASpen City Council October 17~ 1966
Meeting was called to order by Mayor Robert Barnard with Councilmen Stapleton,
McEachern, Clymer, Administrator Wurl, Provimlnnal City Attorney Gaytord at 3:45 p.m.
Also present Richard Flewelling F~inance Director, John C. Philpott State Liquor
Inspector.
There being no corrections to the minutes as submitted, they stand approved.
The accounts payable were given to Councilman Clymer to check.
A Public Service Representative was present, stated the cost of fuel has gone down,
Road up Hunter submitted amended contracts to be signed by the City Clerk and Mayor. Council instruct-
Creek, Bueau of ed Administrator Wurl to check over the contracts.
Reclamation
ORDINANCE #24, SERIES 1966, AN ORDINANCE AMENDING TITLE VI, CHAPTER 1, OF THE
ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO POLICE REGULATIONS AND DE-
Transient Sale~ CLARING AN EMERGENCY TO EXIST was read in full for the second time by the City Clerk.
Councilman Stapleton made a motion to adopt Ordinance #24, Series 1966, on second
reading. Seconded.by Councilman McEachern. Roll call vote - Councilmen McEachern aye;
Stapleton aye; Clymer aye.
ORDINANCE #26, SERIES 1966, AN ORDINANCE AMENDING TITLE XI, CI~tPTER 1, OF THE ORDINANCES
Berumen Subdiv. OF THE CITY OF ASPEN, COLORADO,'PERTAINING TO ZONING TO PROVIDEZONING FOR THE AREA
Zoning R-6 ANNEXED TO THE CITY OF ASPEN, C~LORADO, BY ORDINANCE NO. 16, SERIES 1966, AND
DECLARING AN EMERGENCY TO EXIST was read in full by the City Clerk for the second time.
Councilman McEachern made a motion to adopt Ordinance #26, Series 1966 on second
reading. Seconded by Councilman Stapleton Roll call vote' - Councilmen Clymer aye;
Stapleton aye; McEachern aye~
ORDINANCE #27, SERIES 1966, AN ORDINANCE LEVYING TAXES FOR THE YEAR OF 1967, TO DEFRAY
THE COSTS OF MUNICIPAL GOVERNMENT~OF ASPEN~ COLORADO, FOR THE FISCAL YEARBEGINNING
Budget ~JANUARY 1, 1967, AND ENDING:DECEMBER 31, 1967, ~was read in, full.for the second time
by Administ=ator Wurl. Councilman Stapleton moved to~ad~pt~Ordinance #27, Series 1966
on second reading. Seconded by Councilman McEachern. Roll call vote - Councilmen
McEachern aye; Stapleton aye; Clymer aye.
PUBLIC HEARING - LIQUOR LICENSE APPLICATIONS:
Public Hearing
Liquor Lic. Mayor Barnard opened the public hearing, requested those who wished to speak for or
against the applications to identify themselves, stand up and take the oath if they
wished to have their say a part of the record..
Regular Meeting Aspen City Council October 17, 1966
LITTLE BAVARIA, INC. ~ · ~ Public Hearing
Liquor License
Council reviewed the application and material as submitted. Little Bavarim~
DUNAWAY - Are those pati~zons.' - '~ ..~' . . ' ~ ~ :~. '~: ,'~
MAYOR BARNARD - No, letters of recommendations, one from you and other people,
ADMINISTRATOR WURL - We.have a map Mr. Mayor, showing all the present licenses
issued and the locations, also of.the ~ne~ applications. We~itl get~a:total ~on~here
and submit one with each application.
MAYOR BARNARD ~ We:.wi~l :get.to that as soon as we.go th~oughatl this~ :While.~
Council is going through this rather substantial data, I'll ask are there any
remonstrances from the ofloor melating to this application either pro or con.
SUNNIE SUTTON - I don't think we need anymore.
(Oath administered by Mayor~Barnard) _ .~. . :~_ ~ : ~ ±: : ....
SUNNIE SUTTON - Well I just feel that with the economy of the country and the way
we have had our summers~up here~ we-~havemanymore licenses in,Aspen than people
and with the camping industry getting as big as it is, I don't ~think anybody
in town made any money. I don't see any reason for 3 more liquor licenses.
MAYOR BARNARD - Now, are you just speaking on this p~rticular one or are you includ-
ing all 3 applications
SUNNIE SUTTON - All three. , ..
MAYOR - Will you make that a part of the record, Lorraine, as official record of
this hearing. Are there any other remarks to be made on this.
ATTORNEY GAYLORD - Mr. Mayor, the applicant has the right to cross examine if he
wants to.
MAYOR - We will get to that in just a minute. Are there any written remonstrances
of any kind received by the City Clerk's office.
CITY CLERK - No, everything has been submitted.
MAYOR - Is someone representing the applicant here or is the applicant here.
(Oath administered to Steen Gantzel)
MAYOR - Would you like to ask Sunnie any questions or rebuttal to any of her remarks.
STEEN GANTZEL - No.
MAYOR - Do you have any remarks to make on your own behalf.
STEEN GANTZEL - One point I would like to bring out is that we do have a plan of
the building, but we have.made some modifications.
MAYOR - Steen, you are as bad as Gramiger, I counted on you for a long speech.
City Map showing existing outlets and n~w applications was submitted by Administrator
Wurl.
21 - Beer, Wine & Spirituous Liquor
2 - 3.2 Beer
2 -Beer & Wine
3 - Packaged Liquor
2 - Private Clubs
3 - New Applications
Total figure is 39 including the applicants. Council reviewed the map.
COUNCILMAN STAPLETON -Steen what changes were made in the plans.
STEEN GANTZEL - Moved the public bathrooms to empty spaceand enlmrged the kitchen
and dance floor. Separate employees bathrooms.
MAYOR - What this map would indicate from an examination is in a 2 block radius, we
have about 12 three-way outlets. Well with all this material to go over, I don't
know just what to suggest except it might be a good idea to take all this material
under advisement and study it until the next meeting and come to a decision. I
think we have a lot of material to consider.
COUNCILMAN STAPLETON. - I must say it is thorough.
MAYOR - Attorney Gaylord ~ you have any remarks to make or information to give
Council that might ~lp us in determining how to proceed.
ATTORNEY GAYLORD - I have given a list to Council on what they should consider,
reasonable requirements of the~neighborh~od, type of existing outlets, and the
number and location. I think we should inquire if there are any further statements.
MAYOR - Feel free if anyone has anything to say.
PHILPOTT - I don't have anything to say on this application, but I do have on another
application coming up.
MAYOR - When you want to say something, just speak up.
DUNAWAY - Has the committee reported on this.
MAYOR - Yes, we have a report here which is not very voluminous.
525
Regular Meeting Aspen City Council October 17, 1966
Mayor Barnard read a letter of resignation from Bill Tharp, Head of the Aspen
Liquor License Liquor Investigating Board, also the report of the Aspen Liquor Investigating Board
~ Public Hearil g as follows:
Wiener Stube
Little Bavaria, Inc. Good financial condition. Lot of effort and money on pre-
paration, a different type of operation. No reason not to
grant license unless Council feels public need is being met.
Wiener Stube Financial condition reasonably sound. Consider statement that
license is needed to complete invalid. O. perators should'have
known that lack of license would have been handicap. One
other license located in same building complex. However,
only one beer and wine license now existing but does not
operate in summer. Closest competitor signed petition.
MAYOR - That is all they had to say on all these licenses. I think that the
decision you have to make here is pretty tough one, but I think you should give it a
lot of thought, because business conditions in town are not the greatest, so therefore,
if you do or don't grant these licenses or any one of the three its .going to have
an effect on all the rest of the outlets as well as the whole town.
Again, I think this should be a burden on the applicant to show that the needs of
the neighborhood have not been met. It seems like invariably the City Council finds
itself in the position to show that the needs are met. I think the shoe should be
on the other foot.
STEEN GANTZEL - We sent a letter of intent to you. Would like to make sure the
Council is aware of the reasons and backgraund of why we feel that there is a need
in the community for this type of operation.
MAYOR - We ha~e seen it, Steen. I think the Council understands it, but you
understand what we are forced to use as a basis for granting or denying. Simply a
needs of the community dosen't bear on the ethnic qualities or the fact we do or
dontt have a certain type of o. peration. We are pretty much confined by law~ in fact,
the Attorney can spell this out for you better than I can. But those are the grounds
we have to use. We certainly appreciate your interest in the emthetic, angle.
STEEN GANTZEL I understand that, but as I said in the letter of intent, one of the
things that is shown here is that there is a need for facilities which we intend
and will provide in this particular business, that is the purpose for establishing
this. It is fairly well spelled out in the letter of intent, although~if there is
anyone who is unsure of this perhaps you could read this letter to some of the
people in the audience or the rest of the Council.
MAYOR I think the Councilunderstands it. Well again I just would like to go back
to the point that the basis for your decision is simply based on the needs of the
community, as it pertains to a liquor outlet, not necessarily of the things that will
be provided.
COUNCILMAN STAPLETON - I would just like to suggest something at this time, in view
of the fact, that a complete thoroughness of the applicant to give ~everything, that
the hearings be continued today on all of the applications and that a definant answer
as to acceptance or rejection be given at the next regular Council meeting. I base
this on because of the fact, with the amount of existing outlets which are presently
involved, the various court decisions which have been handed down recently from the
States Supreme Court and also that there are various other matters that~we have to
take care~of in regards to this.
MAYOR - Sunnie did you want to make some remarks.
SUNNIE SUTTON -· No, I want to know as long as we have all the people here, could we
hear from someone from ghe Wheeler Opera.~House.
MAYOR -~on~t misunderstand me or-Dave,.~e are going to complete tke~public hearings.
COUNCILMA~ STAP~ETON - I am not just specifically stating this one, I'm not shutting
it off at ,all. Ail I am saying is that public hearinga should be at this time should
be complete and because of the thomoughness of this thing .and~various other aspects
and legal matters involved, i~ this tRing~ that more consideration be given to these
applicants than we can give them right now in ~he next 15 or 20 minutes.
MAYOR In other words, Sunnie, If we have a little more time to study this, I think
we can come closer to making a proper.decision.
CURTIS BAAR - (Oath)I just wonder iC you shouldn't be very careful not to get mixed
up in the requirements of the neighborhhod and competition of existing restaurants.
MAYOR - Don~t go away with the impression that we are trying to .protect existing
outlets. We amc trying and this is extremely difficult thing to do, is to determine
whether or not and this is what the law says is whether or not does the community
truly need more liquor outlets or whether we already have enough, This is the
question we are trying to decide.
CURTIS BAAR - Mmyor Bar, nard, is it not true when it comes to ~the requirements of the
neighborhood that the character of ~this newrestaurant, remarks have been made that
the economy could not stand another restaurant.
Regular Meeting Aspen City Council October 17, 1966
MAYOR - I did not s~ay that,, Sunnie did, ~ ~ ~ ~ Liquor License
CURTIS BAAR - This seems to be the main consideration~here .and I Would ~say that .the Public Hearing
law certainly does not give any protection as far as economy is concerned.
MAYOR - Could you answer his question Attorney.
ATTORNEY GAYLORD - N~o more than that is the basic purpose of the law. But~ the law
does state that the burdenis~on the applic~ant ~to show'that the requirements of the
neighborhood have not bee~met,~.req~uire~ents a~ to liquor license not for any
particular kind of restaurant.
CURTIS BAAR - With all the competition, I think, let'.the best man win. % think
this is the idea.
MAYOR - The thing is we are stuck with what the law says we can do, We sit here
and if we could get rid of t~is thing we would gladly do it, but we are the ones
who have to try and determine this and this is the~basis on which we have to make
a decision. If someone wants to rewrite the law, that is fine with me.
CURTIS BAAR - The law is so ambiguous in this case that I would say in a tourist
town like this any good restaurant with a Bavarian band or something like that
with Garmisch as our Sister City is a requirement of the neighborhood. .
MAYOR - We can't interpret the law the way we feel like it Curt, this is the hook
that we are on.
TED GORDON - (Oath) In answer to Curt, he ~ays that let the b~st man wih. That
is an over saturation of bars and restaurants brings about a down grade of quality
too many places and each.nne,does not.get enough business, ~therefore, they.can't
afford to give good quality food or entertainment. This is spread out thin, I
have seen it happen in other .places too many. places and they can't afford to give
first class entertainment or food, and you down grade the whole town.
STEEN GANTZEL - Number 1 - the ne~eds of the community we have a petition. This
was a petition~of part of the community, ~Tkis attempt wgs made,to get the.
feeling of some of the people. We got ab~out' %40. signatures~. We~Were advlsed~ ~
by the Liquor~ Bo~ard ther.e was no. pointin pursuing this~ much~ further. ~Th'is~would~
give a pretty good indication~ that the people were interested in this particular
project, we wanted to make sure this was part of the record.
MAYOR - Ail this material will be part of tha~record.
STEEN GANTZEL -But we have~ shOwn that there is a need, will the petition be a
part of the record.
MAYOR - Yes, all of this material will be a part of the record.
CLAIRE SANDERSEN - ~(oa~h) I ~would like to~ speak for all three, of the licenses~. ,
I feel that ~the~ needs of~ the community are far from bering met from the stand
point of offering the ~vailability of many kinds of recreation. The~people
who are going to dance to the Bavarian Band are not necessarily going to go
to a sophisticated night club or an expensive restaurant. I feel that the people
if you have ever gone~to the polka parties, you will know that the people come
from all over in the valley, are permanent residents come specifically for this
recreation and they want a glass of beer with their dancing. I don't believe
that the same type of dancing entertainment has been offered. I don't believe
having a glass of wine with a delicious European dinner is in anyway the type
of thing that would interfere with the type of person who wants to go and listen
to Ralph Sutton playing at the Rendezvous. I don't believe that we have a place
where there is such a Continental atmosphere.
MAYOR - You understand this is not a beer license. ' ~
CLAIRE SANDERSEN ~ I am talking about all three of them, because I feel that all
three are valid necessities in the community. I think you all .went to Garmisch,
you understand the cosmopolitan effect of sitting down to a meal. This will
not interfere with anyone elses endeavor because it is strictly a dinner operation
that will close ~early and people ame going to be free to go on the town for
things. I don't believe in the Opera House Bar that we have ever had anything
· quite like this.., tdon't believe it interferes~with anyoneelse.~ I thin~tha-t
in a communit'y that is offerlng~ many types of services, we don't ~haVe anYthing
that equals quite what we are t~ying to do with these three particular operations,.
A more casual attitude towards accompanying a delicious meal or ~accompanying some
fun with a simple form is in anyway interfering with anyones business because not
everybody is offering these services. I would hate to see us become less cosmopolitan
in a world that is becoming morecosmopolitan where people are drinking moderately
and enjoying it as an accompaniment to other activities instead of just purposely
going someplace So get hard liquor and get ~st~ned or plastered ....
MAYOR - There is one thing I would like to point out Claire, and that %s this, .our
situation is ~a little bit. different over here~because as you a=e well aware being
a cosmopolitan yourself, Europeans don't really drink hard liquor to anywhere
near the extent the Americans do, so it is not quite the same. I just wanted to
point this out.
CLAIRE SANDERSEN - Excuse me Doctor, you were talking about the communities need.
think that these three outlets offer a new and immediate type of service.
MAYOR - That is not what the law says, the law specifically to liquor, it dosen't
say what is going to go along with it, whether sauages or something else. It is
dispensing of liquor which is what we are faced with. We did not write this mickey
mouse law, we are stuck with it.
Regular Meeting Aspen City Council October 17, 1966
Liquor License SUNNIE SUTTON - What is the populatinn of Aspen.
MAYOR - What was that census figure.
Public Heari~ g
COUNCILMAN STAPLETON - City proper was 1603.
SUNNIE SUTTON - Philpott what do they allow inthe City of Denver, how many bars would
they allow for so many 100 people.
PHILPOTT - Well I don't think they go on the ratio, I am not familiar with the way
the City Manager in Denver handles the liquor licenses.
MAYOR Since this is a public hearing, I would like to try out an idea that may or
may not have some merit since it is a fact that there are 4 of these three-way outlets
that are currently in existence that are not being used~ What would you think about
having a person who wanted to have a license would simplyA~o a person who wasn't
operating and simply buy it from him.
JAMES POOLE I came from San Diego to here three years ago, because I felt that
there was opportunity here.in Aspen. It cost $6000 in San Diego,'the town I came
from, to buy a liquor license from the State, no licenses are available. In San
Diego you can pay $60,000 for a liquor license, you don't buy the operation, you buy
the license and this is where you are headed if you put in this.
MAYOR Philpott, what happens down in Denver.
PHILPOTT - They are heard in front of th~ City Council, the same as here on a bigger
scale.
MAYOR - Dosen't the license ha~e equity or an invested interest. Do they issue
new licenses.
PHILPOTT - No, not always, they do turn down licenses because of public opinion.
MAYOR Has it come to pass that people who want a license will go and buy an existing
license or dosen't that bear any on this.
PHILPOTT - It ~hou-tdn't I don't believe it does.
DUNAWAY - I really think that would be over stepping the Council's prerogative. You
have to decide each license, if there is a license that is not a good one.
MAYOR - I am pointing out that there are 4 of them that are not being ~sed right now.
The first thing this would indicate to me is that the needs' of the n~ighborhood
have been met or else these wo~ld~ not be lying idle.
STEEN GANTZEL - ~his is[a trend all throughthe summer, there were licenses that were
not operating no, we have two seas~ons here and a number of business I am sure felt
that winter season is a lot ~ifferent than the surmner season. The trend of the
discussion today has been to find out ways to show that the needs of the community
are met, but I haven't heard you put us in the position to try and rebut and prove
that the needs of the community have not been met.
MAYOR - Not rebut, the burden is on you.
STEEN GANTZEL Under the circumstances, Aspen is growing, ~the ski season is growing,
reservations this'year are far ahead of. last year.
MAYOR - Steen, I would like to point out, this is one of the things that got us into
the trap we are into today, well last fall on the strength of tremendous increase
in the previous winter, we did grant 5 more three-way licenses and you know very
well w~at happened, our. business dropped 30%. We certainly, did not need 5 more
three-waylicenses.
STEEN GA~ZEL - To rebut that, of o~urse, you. would have to have statistics
on how much business did drop. We know that the burden is on us, and the signatures
we have presented to you, I. bell.eve, susgaAms our rebuttal as far as the needs of the
community and peoples enthusiasm for this type of business.
A~TORNEY GAYLORD -~ Mr. Mayor legally speaking I don't think .the signatures on the
petition hold a great deal of legal weight as to t~e needs of the neighborhood.~ I
think we need more evidence as to whether~bars are half empty whether~ people have
to stand in line to get a drink that sort of thing.
MAYOR .-It does indicate something. ·
ATTOR~EY GAYLORD - It is up to the~ Council to determine whether there are enough 'of
them or not.
BILL CLARK - (Oath) I think a case was based on what the licensing authority should~
consider is the wishes of the inhabitants and these words are in the Statutes as
evidenced by remonstrances, petitions.
MAYOR - As a matter of fact they aren't. This has been removed from the State Statutes.
BILL CLARK - Well do you have any remonstrances opposed to this license.
MAYOR ~.Not in writings, just~ what you harm heard here today. Am I correct City
Attorney
ATTORNEY GAYLORD - That is correct, this has been removed from the Statutes.
MAYOR - Well should~we pass~on to the next application.
JAMES POOLE - I just want to make one statement..~t have~ worked with some figures from
the Aspen Association. I believe the f~ct was there was some $21,000,000 speqt in
Aspen against $60,000,000 spent in the entire State two years, ago. One-third of the
business, in other words, $20,000,000 is an awful lot to be spent in one winter ski
season~. If I remeber correctly the information I got from the Aspen Association
is~he same amount spentl last year. I~t .was spread, thinner~ yes, the thing was
people came-in where they have a condominium., accomodations, they would come in for
three days and eat out for three days where before they would eat out for 6 days.
525
Regular Meeting Aspen City Council October 17, 1966
That also is a contributing factor, they could also go out through a liquor outlet hiquor License
buy a bottle, take it back to their room and have quite a bit of partying, where Public Hearing
before it would be taken into consideration they would go-out ~o these places. ~
In other words, there are a lot of things*that have created the present condition.
Actually there was no less money spent here than there was the year before.
MAYOR - Well I dOn't know 'that they have figures that are entirely dependable,
we know for a fact, just to ~ebut that remark the ski corporation grossed not a
whole lot less, but a substantial amount less~than they did-the year before, but
thats neither here nor~there~~ ~ ......
JAMES POOLE - The Highlands grossed more.
MAYOR - The Aspen Ski Corporation grossed less, so take that for what you~will.
SUNNIE SLrfTON - I don't know of any operator here in town'who can afford to.operate
only in the winter. I'm concerned about operating 1.2 months out of.the year
and I don't see how you can do it'with all these~outlets and 1600 people living here
all the year around. Because you sure aren't drawing them in the summer, spring and
fall.
STEEN GANTZEL - Mr. Mayor to rebut that, the Steak Pit operates only in the winter.
SUNNIE SUTTON - Steak Pit opened August 3rd. " ,~
STEEN GANTZEL - Also in the summer time, the need to promote more business ~n Aspen.
SUNNIE SUTTON - We would like to but how do you do it.
STEEN GANTZEL - One of the ways has be~n proposed by the Aspen City Council to bring
in banquet facilities or conferences, we would like to provide over 4000 sq. ft.
lets make it realistic 3000 sq. ft. of space to provide banquet facilities for some
of these conferences. This in no way means we would like to see conferences come
here and spend most of their time eating in'our place, but it contributes more
opportunity for more business in town and ~for other businesses to do more business.
Then we feel that we have not' taken business away from anybody but have contributed
to making the summer business better than in the past. A great deal has been said
on this conference thing. Here is a business that is attempting to provide some of
this.
MAYOR - Wait a minute, before we'get into a debating society. We have a lot of
business to consider. Is there anything else' anybody here has to say on this
particular application either for or against the record. If not we will go into
the next one. Okay lets take up the application of the Wheeler Opera House Theatre
Bar.
WHEELER OPERA HOUSE THEATRE BAR Wheeler Opera
House Bar
Council reviewed application and papers as submitted.
MAYOR - I have a letter here which~ is a remonstrance on this for the record Lorraine. ~,
Gentlemen:
In regard to the issuance of a 3-way liquor license to Donald Swales, dba The Wheeler
Opera House Bar, we would question the propriety of liquor of any~kind on the
premises of what amounts to a public movie house.
As Aspen parents and hopefully speaking for all Aspen parents, we object to a
"theatre bar" that would only serve to further'correlate drinking with movie-
attending for the'under-21 group. This group, which would.make up a very large
percentage of any nighttime movie audience, has always been the bane of a liquor
establishement.
Does not the density of liquor licenses in the downtown area already complicate
the vigilance of parents and the~local police department?
/s/ Harry Uhlfelder
Naomi Uhlfelder
Gentlemen:
I want to voice my objection to the issuance of a liquor license to Donald Swales,
dba The Wheeler Opera House Theatre Bar at 320 East Hyman Street.
I object for two major reasons. First, as a liquor license holder in that specific
block for the past seven years, I can temtify that the needs of the area arc-met
without question. The Crystal Plaace, another long-time license holder, is also
located in ~e same block on the same side of the street.
Second, the Opera House Theatre has, and will in the future, attracted a large -.
percentage of minors during the evening hours~ He is not dealing with an all-adult
sophisticated audience such as those at~.tending the Theatre in New York or San
Francisco.
Regular Meeting Aspen City Council October 17, 1966
Liquor Licenses
Public Hearir Additionally, the Colorado Liquor Code requ~es that Hot meals be served where
liquor id dispensed. Does the applicant also intend to set up a Wheeler Opera House
Restaurant?
I have never objected ~o the issuance of any other liquor license, but I have, as
a license holder, a vested interest in the council limiting the number of licenses
in Aspen. I think the Aspen City Council must take into consideration that most
license holders in Aspen are making a marginal income from the sale of alcoholic
beverages, with the excepti6n of maybe two or three businesses. It is not the "golden
source of income" that applicants dream of.
Most 3-way license holders sell liquor to provide a service to their dinner customers,
with their basic income coming from food sales. I am certain that Mr. Swales has
no such motive, since he has no dinner customers to begin with. If he plans a
theatre restaurant, he is putting the cart before the horse.
I think the community must comeup with some formula for granting liquor licenses.
The density of the number of liquor licenses per given block must be taken into
consideration sooner or later, if, for no other reason thah to protect the lo,g-
time license holder who has had conscienciously hpheld the liquor code. The Council
most certainly must come up with this decision very soon.
Thank you for your attention to this letter.
/s/ Bruce J. Polich
The Mother 'Lode
MAYOR - Now are there any remonstrances from the floor either pro or con on this
liquor license. If there is nothing further to be said on this application
we will file the material as w~ did with the first one.
ATTORNEY GAYLORD - Mr. Mayor, I would ~uestionwhether the floor plans as submitted
with the application would constitute a complete plans and specifications of the
interior of the building as required by the Statutes.
DUNAWAY.- Is there food or not.
MAYOR - A kitchen is shown here on the plan.
DUNAWAY How about making public the investigation, in the past here they passed
a Resolution the applications were to be submitted 30 days prior.
MAYOR - This material was submitted 30 days ago, wasn't it.
CITY CLERK - Yes
DUNAWAY - There has been no public statement made of the investigation as to the
character of ~he individuals.
COUNCILMAN STAPLETON - These investigations were supposed to have been done by the
Liquor Investigating Board.
MAYOR - I read you their report and you can see by the brevity of' the report that
apparently they did not go into much of the material.
COUNCILMAN MCEACHERN - That is one reason why we would like to hold off on this
in order to do some investigating.
ATTORNEY GAYLORD - I would question if that would comply with the Statutks.
MAYOR - It becomes increasingly clear wikh the material we have here, that we need
time to study this thing, simply can't plunge into a decision. Are there anymore
remonstrances for or against ~his application. If not we will go on with the last
one,
ATTORNEY GAYLORD - Does the applicant want to say anything on his own behalf.
BILL CLiaiRK - Mr. Swales asked me to appear in his behalf, he could not be here.
If you are going to defer action on this till your next meeting., I would asume it
would be inappropriate for me to say
MAYOR - This is not going to be a continuation', we will render a decision at a public
meeting but it will not be a continuation of this public hearing. If you have
something to say, you had better say it now.
BILL CLARK - Ail I can s~y are a few things which Mr. Swales asked me to bring up,
in case there were any questions.
MAYOR Identify yourself. (Oath)
BILL CLARK - To the question if Mr. Swales is going to provide food service, he plans
an English pub type of operation with complimentary decor, and definately will have
food service. He would basicly cater to the before and a~ter theatre crowd, and
will definately have hot food and cold sandwiches. The present plans are to be
located where the Wax and Wix is located. I think the feeling with the location in
that area, that there would not be any conflict with persons who are attending the
theatre. If you wish, When he returns to give a more detailed drawing on this.
MAYOR - I don't think any more material can be submitted on mhy given application
can it.
ATTORNEY GAYLORD - Are these plans for the upstairs or for the Wax and Wix.
BILL CLARK - My understanding is that he talked both with the City Attorney and the
Board as to just what the requirements would be needed and he was advised that that
sketch would be sufficient.
ATTORNEY GAYLORD - He never sh~d me the sketch, if he just askkd me he applied with
another sketch if he later changes to another sketch.
530
Regular Meeting Aspen City Council October 17, 1966
MAYOR - I think the decision made on these licenses, I'd like everyone to under- Liquor Licenses
stand this, will be based on the material submitted here today. We can't have Public Hearing
an opened ended thing here where people keep submitted more information Isn't
that correct City Attorney.
CITY ATTORNEY - I think you are right.
MAYOR - Another thing, otherwise there is no reason to have this business about
filing the application 30 days ahead of time
ADMINISTRATOR WUBL - He did submit a plan didn't he.
ATTORNEY GAYLORD I think it is a plan for the upstairs.
COUNCILMAN CLYMER - There is no indication in the drawing where it is.
MAYOR - Does it say what floor it is on.
CITY CLERK - I think it shows a stairway.
PHILPOTT I t~ink on this par'ticular application the City Attorney and myself
should go over a few rules and regulations on this.
MAYOR - Will it be acceptable to you if we do this when we go over this entire
mass of material here.
PHILPOTT - Fine.
ATTRONEY GAYLORD - If you have something that will affect this application than it
should be brought out now.
MAYOR - It should be in the hearing.
PHILPOTT - Under Article 75-2-3, subparagraph (5) "to sell malt, vinous or
spirituous liquors in a pla&e where the same is to be consumed, unless such
place be a hotel, restaurant or club as deined by this article." and this is
required as an opera house or theatre.
MAYOR - It is not totally clear to me just where he is going to have this outlet,
whether it would be actually in the theatre or down in the basement. Mr. Clark
didn't you say that it might be down where the Wax and Wix is now.
BILL CLARK - Yes, I don't know whether he conclusively has made up his mind,
as to whether it will be downstairs or upstairs.
PHILPOTT - He should know where he is going to put it.
MAYOR - Decision has to be mare sometime.
BILL CLARK - On Mr. Philpott's interpretation of that Statute,'I would like to
point out here there are numerous operations here in town that don'e have the
name of restaurant or hotel attached to their trade name.
PHILPOTT - I don't want to get into a debate on this,'that is not why I am here.
MAYOR - But if you can give us any help, we would appreciate it.
PHILPOTT - Also in the State Statutes 75-2-4, subparagraph (15) "Restaurant" means
an establishment prbvided with special space and accomodations where in consideration
of payment, food, drinks, tobaccos and candies are furnl~hed to guests, and in
which room nothing is sold excepting food, drinks, tobaccos and candies, and in
wh~r~ ma~,~v~h6ng Amd~spirituous liquors shall not be serried at any place,
excepting tables and counters with stools. Any establishment connected with any
business whatsoever wherein any business is conducted, is hereby declared non
to be a restaurant." You have to have a restaurant license in order to have a
liquor license, or it constitutes a saloon and saloons are prohibited in the State.
BILL CLARK - Maybe I did not make it clear to Mr. Philpott. Mr. Swales does intend
to put in food service operation.
PHILPOTT It should bedetermined before they issue a license and consider where
the actual license is g~ing in the premises.
MAYOR - Well we will make this a part of the record, thank you Mr. Philpott.
Well we will go on to the third application which is the Wiener Stube.
WIENER STUBE
Wiener Stube
Council reviewed application and papers as submitted.
MITS. BRUCE POLICH - (Oath) I am representing the Mother Lode. Well this has nothing
to do with the Colorado Liquor Code as far as the three-way liquor outlet on the
second floor or anywhere near what amounts to be a public movie house. I think
it could be another~matter if it were in the basement of the Opera House, however,
I st~ill question the propriety. This h~s nothing to do with the Liquor Code.
I would like to say as ~ as the Liquor Code is concerned that the needs of the
neighborhood have more than adequately been met. This would make the third
three-way liquor license within that block. A matter of 500 or 600 foot frontage
and only one block south we have 3 more three-way licenses. I think the needs
of the neighborhood have been more than met and I want to say that nobody summer
or winter is actually standing in line to get a drink, at any of the establishements.
They may be standing in line to get a meal, but they are not standing in line to
get a drink.
MAYOR - Thank you, we will make tha~ a record of the minutes.
ADMINISTRATOR WURL - We would like to submit a map which we would like to go with
each application showing the existing outlets, new applications and number of each
type. Another thing, I don't know if you want to consider or not~ as relates to
the Opera House, but it is a City owned building.
Regular Meeting Aspen City Council October 17, 1966
Liquor Licenses MAYOR - I have here one remonstrmnce in the form of a telegram from Bert Bidwello
Publi'c H~eari~g':
Request you not grant beer wine license to applicant Carinthia Corporation It is
apparent that needs of community with respect to this type license are well served
witness 5 of 6 such licenses are not active from April thru November if we continue
to grant licenses as we have in the past Aspen will number something like 100 such
licenses in five years suggest Carinthias serve more wiener and less stuba.
/s/ Bert Bidwell
MAYOR - Is there anyone in the room who would like to make any remnnstrances for
or against this application. Is the applicant here, wnuld you like to sa~ something
in your behalf.
APPLICANT - No.
COUNCILMAN CLYMER - Item #7 is incomplete on'the applicatinn.
MAYOR - Would you like to give this explanation at this time.
APPLICANT - We cannot get citizen papers for 5 years. We have incorporated and the
corporation is the applicant.
MAYOR - That is the standard procedure isn't it Janet.
ATTORNEY GAYLORD - Yes it is. -
MAYOR - In that case we will terminate this hearing on these three applications
Is it agreed among the Council to take all three of these applications and render
a decision at a later date-. Leon did you decide about the date.
ADMINISTRAT~RWURL - Well that is what I want Council to-understand. The State
require~ that renewals be in 30 days previous to January 1, 1967. We require
they be in 30 days previous to the hearing which is the 21st ~f:~NOVember. That
means that the renewals would have to be~ in'by the 21st of October. I'm not sure
they will even have a license by that time. Even if you grant them today and they
went through the whole procedure, it is possible it could be done by Friday.
But if you delay it, it will necessitate that' you give that special consideration
when renewal time comes up.
MAYOR - Certainly in granting these things is a whole~ lot more 'important than the
renewal. In other woCds granting or denying them'is the main~thing
COUNCILMAN STAPLETON As long as the renewals are in by' November 21st that is'all
that is required by the State.
ADMINISTRATOR WURL - By the 1st of December.
~'~ PETER GUY (Oath) Just want to make a general statement. I think part of the
problem you are faced.with every year is the f~ct that there is business in town for
everybody for three months but the off season and summer are not what they could be.
,I I operated just at busy times for a long time. Now I am open this off season, and
I was rights'there just isn't that much business in th~ off:season until'everyone
- "-~ shuts down it makes it tough on the ones that are staying open. I feel you have
to consider a 12 month period when you consider the need~ of the c_ommun%ty, no~t
just a three month period in order to keep anykind of a~stable economM.
MAYOR - Well certainly Council is trying to grant licenses on a 12 month basis. We
are not issuing them for 6 months cause we can't.
JAMES POOLE - One thing that I can say for the first time there are two places
open with trios and both doing a fine business', this is the first time in Aspen.
Also know one business that has done more business in the first 10 days of October
than they did in the entire month of-October last year. Aspen whether you like it
~- ~ ' or not is going to become a full month town. Also we have banquet facilities which
no one else has and the largest dance floor in town. This is one of the reasons
we went to the trouble of buying the building instead of leasing it.
MAYOR - Okay, we will conclude this public hearing and take this material under
advisement and render a decision. '
Ord.#28 ORDINANCE #28, SERIES 1~66, AN ORDINANCE APPROPRIATING SUMS OF MONEY TO DEFRAY
Appropriations EXPENSES AND LIABILITIES OF THE CITY OF ASPEN, COLORADO, FOR THE CITY's FISCAL YEAR
BEGINNING JANUARY 1, 1967, AND ENDING ON THE LAST DAY OF DECEMBER, 1967 was read
in full for the first time by Administrator Wu~t. Councilman Stapleton made a motion
to approve Ordinance #28, Series 1966on first remdi~g'. Seconde~ by~'Councilman
McEachern. Roll call vote - Councilmen Clymer aye; McEachern aye; Stap~eton aye.
ORDINANCE #29, SERIES 1966, AN ORDINANCE AMENDING TITLE 1~ CHAPTER 18, OF THE
Ord. #29 OFFICIAL CODE OF THE CITY OF ASPEN, COLORADO, PERTAINING TO PERSONNEL, AND DECLARING
Salary Schedule AN EMERGENCY TO EXIST was read in full for the first time by Administrator Wurl.
&Classification~ Councilman McEachern made a motion to approve Ordinance #2~, Series 1966 on first
reading. Seconded by Councilman Stapleton. Roll call vote - Councilmen Stapleton
aye; McEachern aye; Clymer aye.
Regular Meeting Aspen City Council October 17, 1966
ORDINANCE ~30, SERIES 1966, AN ORDINANCE AMENDING TITLE i~, CHAPTER 1, OF THE Ord. #30
ORDINANCES OF THE CITY OF ASPEN, COLORADO PERTAINING TO BUILDING REGULATIONS, Omitting Metal
AND DECLARING AN EMERGENCY TO EXIST was read in full for the first time by the Buildings
City Clerk. Councilman Clymer made a motion to approve Ordinance #30, Series
1966, on first reading. Seconded by Councilman McEachern. Roll call vote -
Councilmen McEachern aye; Clymer aye; Stapleton aye.
ORDINANCE #31, SERIES 1966, Discussed changes to be made in this ordinance. Ord. #31
Council agreed to leave the non resident limit at 1 year. ORDINANCE #31, SERIES 1966 Employee Regist-
, AN ORDINANCE AMENDING TITLE VI, CHAPTER 9, OF THE OFFICIAL CODE OF THE CITY OF ration.
ASPEN, PERTAINING TO THE COMPULSORY EMPLOYEE REGISTRATION CODE, AND DECLARING
AN EMERGENCY TO EXIST was read as amended for the first time by Administrator
Wurl. Councilman Stapleton made a motion to approve Ordinance ~31, Series 1966
on first reading as amended. Seconded by Councilman Clymer. Roll call~ote
Councilmen Stapleton aye; Clymer aye; McEachernaye.
ORDINANCE #32, SERIES 1966 discussed deletion of "or to appear in any such place Ord. #32
in a dress not belonging to his o~ her sex." Council agreed to delete this phrase. Indecent Expos-
ORDINANCE #32, SERIES 1966, AN ORDINANCE AMENDING TITLE VI, CHAPTER 1, OF THE ure.
ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO POLICE REGULATIONS AND
DECLARING AN EMERGENCY TO EXIST was read as amended for the first time by the City
Attorney. Councilman McEachern moved to approve Ordinance #32, Series 1966 on
first reading as amended. Seconded by Councilman Stapleton. Roll call vote -
Councilmen Stapleton aye; McEachern aye; Clymer aye.
Mr. Charles Worth of the Metro Sanitation District was present to request Council's 4etro Sanit.
approval of the site for the sanitation plant. Councilman Stapleton moved to authorize District.
the Mayor of the City of Aspen to sign the application for the installation of the
sewer plant. Seconded by Councilman McEachern. Roll call vote - Councilmen
Stapleton aye; Clymer aye; McEachern aye.
Cooper street Mall - Mayor Barnard read letter from Thomas White of th~ Janss ~ooper St. Mall
Corporation stating their approval ~f the mall, they were not present when the
vote was taken. Discussed putting the mall in on Hyman to see the feasibility
of such a mall through the winter season. Council fears if the mall is disbanded,
it would be difficult to get one started again. Council'agreed the City would
take a poll on Hymen Street of the merchanis opinion of having the mall on Hymen, ~-~
would need a 2/3rds favorable vote. Mr. Benedict agreed to design the mall on a
permanent basis, without graffic.
ORDINANCE ~33, SERIES 1966, AN ordinance amending the zoning code. Councilman Ord. #33
Stapleton moved to refer Ordinance #33, Series 1966 AN ORDINANCE AMENDING TITLE to P & Z Comm.
XI, CHAPTER 1, OF THE ORDINANCES OF THE CITY OF ASPEN, COLORAD0,~PERTAINING TO
ZONING A~ DECLARING AN EMERGENCY TO EXIST to be put in the hands of the
Plannin~ and Zoning for them to schedule a public hearing. Seconded by Councilman
McEachern. Roll call vote - Councilmen McEachern aye; Clymer aye; Stapleton aye.
The following Resolution was read in full by Mayor Bernard:
RESOLUTION
Gregg Holmbeck
WHEREAS, Gregg Holmbeck, Police Officer of the City of Aspen, Colorado, recen.tly
attended the Colorado Law Enforcement Training Academy a~t Denver, Colorado;
AND, WHEREAS, the said Gregg Holmbeck's performance at said Academy was outstand-
ing and the City Council feels he is deserving of commendation therefore.
NOW, THEREFORE, BE IT RESOLVED that the City Council bf the City of Aspen, Colorado,
hereby commends Gregg Holmbeck for his performance at the State of Colorado Law
Enforcement Training Academy.
Councilman Stapleton moved to approve the foregoing Resolution. Seconded by
Councilman McEachern. Roll call vote - Councilmen Stapleton aye; Clymer aye;
McEachern aye.
WurI stated Officer Holmbeck was 4th in a class of 29.
The following Resolution was read in full-by Administrator Wurl:
RESOLUTION
OPPOSING THE PROPOSED STATE CONSTITUT~DiI~L AMENDMENT WHICH WOULD ELIMINATE THE Opposing
INVENTORY TAX AND PLACE A 75 MILL LIMITATION ON PROPERTY TAXES. Amendment #5
WHEREAS, there will appear on the Novembem, 1966, general election ballot, a
proposed amendment to Article X of the Colorado Constitution which would
eliminate the inventory tax and place a 75 mill limitation the property tax and;
Regular ~eeting Aspen City Council October 17, 1966
Opposing Amend. WHEREAS, the City 9f Aspen, Colorado, like,every other city and town in Colorado
#5 is dependent upon the Property tax leyy .for a substantial part of municipa~ revenue
required to render local municipal service to its citizens, and;
~-~ WHEREAS, the Am~endment does not state how the 75 mills should be divide~ among
cities, counties, school districts and special districts,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
AS FOLLOWS:
1. That the,city of. Aspen hereby goes on public recor~ as opposing the adoption
of this constztut~onal amendment.
2. That the Cityof Aspen will cooperate with the Colorado Municipal League and
other cities and towns in Colorado in opposing this amendment.
3. That a copy of this Resolution be sent to all of the metropolitan ~ities
and the ColoradO Municipal League Office.-
4. That~ a copy of this Resolution be made a part of this meeting.
Councilman McEachern made a motion to adopt the foregoing Resolution on Amendment
#5. Seconded by CounCilman Staplet0n. Roll call vote - Councilmen Clymer aye;
Stapleton aye; McEachern aye.
Administrator Wurl a~!so sgated he had ~previously submitted to Council press
releases explaining the problems with this Amen~dment #5~. Ail Councilmen agreed
to pass this~on to the press.
The following Resolution was read in full by the City Attorney:
R E S 0 L U T I 0 N
Alvin Zirmner WHEREAS, Alvin Zimmer, a Police Officer of the City of. Aspen, in the course of
his duty as such an officer, and by the exercise of fast action and good judgement,
~..~..~ . · recently effected the arrest, of~ a person allegedly possessing~narcotics;
AND, WHEREAS, the City. Counci! of the City of Aspen feels that the said Alv~in
Zimmer, is deserving of commendation, therefore;
NOW, THEREFORE~ BE IT RESOLVED that. the city Council of the City of Aspen hereby
commends Alvin Zimmer for his said actions taken in the course of his dutie~ as
a Police Officer of the City of Aspen.,
~-~ Councilman McEach~rn made a motion to ad~p.t the~ foregoing Resolution. seconded~
by Councilman Clymer. Roll call vote - Councilmen Clymer aye; McEachern aye;
· Stapleton aye.
McEachern gave a re~ort on the special meeting held by the Council at the Hig~
Schoo! October llth, Stated the students were pleased with the meeting and
wished that it~had lasted longer.
2nd St. Paving Second Street~ Paving - Wurl requested the Council authorize thepaving of Second
Street for 2 blocks, Burb and gutter already installed. Councilman Stapteton
moved to approve paving o~ Second Street for 2 blocks. Seconded by Councilman
McEachern. Roll call vote - C~unc. il~men Ctymer aye; McEachern aye; Stapleton aye.
St. Imp. 1967 Wurl stated he would submit a proposal for anothe~ district next year on the basis
of bonding the entire project.
Mill St. Repair Mill Street Repair - The insurance companies for the Sanitation District and Esco
wou~R split the hO'st' 'and pay for the repairs, Wurl reported.
Filter Plant Pay Estimate #6 to R. A. Neilsen for filter plant was submitted. Councilman
Stapleton moved to pay Estimate #6 to R. A. Neilsen for construcgion of the
filtration plant and appurtenant str~tu~es in the amount Of $89,694.00. 'se~eond~- ' ,
ed_by Councilman C1yme~r~. ~Roll calibrate ~ Coqncilmen Stapleton aye;i~Clymer aye;
MceaC~ern, aye. ~ ~ ·
2 million Res- Also submitted pay estimate #6 to R. A. Neilsen for construction of two million
ervoir, gallon storage reservoir. ,Councilman~,Stapleton moved to pay Estimate #6 to ,R.
A. Neilsen in the amount~of $9,812.09 for construction of two million gallon
storage, reservoir. Seconded by Councilman McEachern. Roll call vote - Council-
men Clymer aye'~ Stapleton aye;.McEachern· aye~
St. Imp.#66-1 Submitted pay Estimate for Corn Construction for, Street Improvement Dist~t
#66~1. Councilman Clymer made a motion to ~pay Corn Construction $111,310.76
~., for construction on Street Imp~rovement District #66~1. Seconded by Councilman
McEachern. Roll call vote - Councilmen Stapleton aye; McEachern aye; Clymer aye.
Wurl stated total cost is less than anticipated.
Regular Meeting Aspen City Council October 17, 1966
Submitted estimate in the amount of $755.43 to Grant-and Company~ .Councilman Pumping Stations
Stapleton moved to pay Grant and Company $755.43 for construction of three pressure
reducing valve stations and two pumping statinns. Seconded~by. Couneilman Mc-~ ~
Eachmrn. Roll call vote~- CouncDlmen Clymer aye; Stapleton aye; McEachern aye~
Wurl requested the Council authorize $3200 for.purchase of lab equipment needed Filter Lab
for the new filtration plant. Councilman Stapleton moved to authorize Admin- ~ Equipment
istrator'Wurl to purchase lab equipment in the amount of $3200. .Seconded by
Councilman Clymer. Roll call vote - Councilmen Stapleton~fe; Clymer aye~ McEachern
aye.
Opera House Lease - Discussed the number of year lease the City has with the Opera House.
Aspen Institute due to the Aspen Institute subleasing to the Wheeler OperaHouse
Company. City Attorney to check out and notify the sub leasee accordingly.
Thank you note was received from Ruth Antonides, read by Wurt, thanking the
City for their help in the school carnival.
Wurl notified Council the PUC would be in Glenwodd Springs taking deppsitions Calif. Zephyr
as relates to the California Zephyr on October 18th. Council~instructed Admin-
istrator Wurl to represent the City. ~
Ambulance - Discussed the City having to take care of items outside of their Ambulance
contract. Council instructed Administrator Wurl~to:talk:to the Ambulance Board
as to the limits of obligatinn on the City's part as relates to the agreed
contract. Bulk of responsibility should be turned over to the Ambulance
Board. Wurl to make it known to the Ambulance Board the City will do only what
is agreed to in the contract.
Board of Appeals - Variance was granted to the Janss Corporation to build a Bd. of Appeals
4-1/2 year temporary building out of material which is not allowed in fire Janss Bldg.
zone 1. Plans turned down by Building Inspector, Planning and Zoning ~
approved plans, Board of-Appeals granted a variance. ~Discussed recourse ~z~.~$f
for Council to take. Councilman McEachern moved to authorize the City Attorney
to look into it and if something the City can do to proceed with a temporary
injunction. Seconded by Councilman Clymer. Roll call vote - Councilmen
McEachern aye;.Stapleton aye; Clymer aye.
Wurl asked Council if they wished to base the new water rate ordinance on 35% Water Increas~
or 40%. CoUncil agreed to base the ordinance on a 40% increase.
Councilman McEachern moved to pay the bills, seconded by Councilman Stapleton.
Roll call vote - Councilmen Clymer aye; Stapleton aye; McEachern aye.
Letter from Tony Berumen was read by Mayor Barnard relating to Planning and
Zoning furnishing the Council with inaccurate information.
Councilman McEachern moved to adjourn at 7:20 p.m., seconded by Councilmam
Stapleton all Councilmen in favor, meeting adjourned.
orra~ne Graves, City Clerk
~r