Loading...
HomeMy WebLinkAboutminutes.council.19671016Regular Meeting Aspen City Council October 16~ 1967 The regular meeting of the Aspen City Council was called to order by Mayor Robert Barnard at 3:45 p.m. with Councilmen Carl Bergman, William McEachern, Clyde Clymer, Attorney Gaylord and City Administrator Leon Wurl. Absent - Councilman Werner Kuster. The accounts payable were given to Councilman McEachern to check. There being no corrections to the minutes as mailed, Councilman McEachern made a motion to approve the minutes of October 2nd and 9th. Seconded by Councilman Bergman. Ail in favor, motion carried. ORDINANCE #20, SERIES 1967, AN ORDINANCE AMENDING TITLE XI, SECTION 11-1-9 OF THE Ord. #20 ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO SUPPLEMENTARY ZONING REGULATIONS Signs AND DECLARING AN EMERGENCY TO EXIST was read for the second time in full by the City Clerk. Councilman Clymer made a motion to adopt Ordinance #20, Series 1967, as read in full for the second time by the City Clerk and order the same published. Seconded by Council- man Bergman. Roll call vote - Councilmen Bergman aye; McEachern aye; Clymer aye. ORDINANCE #22, SERIES 1967, AN ORDINANCE LEVYING TAXES FOR THE YEAR 1968, TO DEFRAY Ord. #22 THE COSTS OF MUNICIPAL GOVERNMENT OF ASPEN, COLORADO, FOR THE FISCAL YEAR BEGINNING Tax Levy JANUARY 1, 1968, AND ENDING DECEMBER 31, 1968 W~ ~ in full for the second time by the '~ City Clerk. Councilman McEachern made a motion to adopt Ordinance #22, Series 1967 as read in full for the second time and order the same published. Seconded by Councilman Clymer. Roll call vote - Councilmen McEachern aye; Clymer aye; Bergman aye. Mr. Bernard Tierney of W. E. Hutton and Company was present to discuss with Council Convention financing procedures on the Hotel Jerome ~s a convention center and golf course. Center Stated a convention center is not a money-making operation but is used to enhance the community and stabilize the economy. Recreation District - Could have a golf course, no authorization under the State Statutes for a convention center. Would not recommend this as it takes control from the Council. General Improvement - Could have a convention center but not a golf course. Recommend Revenue Bonds - Revenue Bonds could be used for both a convention center and golf course and in addition pledge sales tax funds for payment of principal and interest. Would not require an election on the bonds only on the question of additional sales tax and the pledging of same to these projects. Architects - Council agreed to narrow down the number of architects to two. Council- man McEachern made a motion the list of architects be reduced to Jack Walls and Ted Mularz and they be invited to talk with Council further on their plans. Seconded by Councilman Clymer. Roll call vote - Councilmen McEachern aye; Bergman aye; Clymer aye. Council agreed to meet with the above named architects on Monday, October 23rd at 3:30 p.m. Mayor Barnard re-appointed Richard Graves to another term on the Board of Examiners Insurance and Appeals as the Insurance Representative. Representati ve Taxi Stands - Administrator Wurl reported he is presently working with private parties Taxi stands on a location to park the taxis. Council agreed to table this item. Leash Law Ballot - Leash Law - Administrator Wurl reported Attorney Charles Stewart had informed him that there is no requirement or provision allowing or providing for the placing on the ballot of a leash law. Council would only be sampling public opinion. Discussed leash law only in the Business District. Councilman Bergman made a motion the City not put the leash law on the ballot but Council decide the question for themselves. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Bergman aye; McEachern aye. Councilman McEachern made a motion an ordinance be prepared for a leash law in the Business District. Seconded by Councilman Bergman. Ail in favor, motion carried. Employee Employee Registration - Administrator Wurl reported complaints have been received Registration on the fact that all transient employees are not required to be registered, only those connected with the tourist business. Discussed the legality of an employee registra- tion ordinance covering all occupations. Council ir~tructed Administrator Wurl to check into this. Beck & Bishop Beck & Bishop - Vacated space approximately January 1, 1968. Mr~ Bruce Polish Vacated space of the Aspen Chamber and Visitors Bureau was present and requested from Council this space.for the ACVB. Would like to remodel and put in a hospitality center and small meeting rooms, etc. Council instructed Administrator Wurl to work on a cost estimate. Rubey Easement - Rubey - Administrator Wurl reported for the 20-ft. easement the City Easement would do the following: allow the telephone company to put cable in ditches dug by the City, cut down on the north side of the driveway, in no way disturb water to the lake, and take down certain trees adjacent to the road. Councilman Clymer made a motion to authorize the Mayor and City Clerk to sign the Rubey Easement. Seconded by Councilman McEachern. Roll call vote - Councilmen Clymer aye; McEachern aye; Bergman aye. Bus stops Bus Stops - Administrator Wurl submitted a map showing the bus stops requested by the Aspen Skiing Corporation for the winter of 1967-1968. Discussed diesel buses and possible routes and stops required by Aspen Highlands. Council agreed a set schedule should be set up for all buses on routes and stops. Council instructed Administrator Wurl to talk with the Aspen Mighlands and to look into an ordinance regulating idling of buses only during the times of loading and unloading. Red M~untain Red Mountain Water Project - Administrator Wurl reported to date 3741 feet of pipe has been laid on the Red Mountain Water P~oject. Hotel Jerome Hotel Jerome Option Agreement - Mayor Barnard stated it would not be proper to Option expend public funds without tying up the Hotel Jerome. Also stated that Attorney Delany (representing Mrs. Elisha) would be willing to go six months on the option. Council agreed something should be done immediately so the Hotel would be operating this winter. Also the lease should be contingent upon the purchase of the Hotel and also give the City right to possession. Council instructed Administrator Wur! to contact Attorneys Delaney and Scott and work out the problems in the Option Agreement so it ~ould be considered by the Council on Thursday, October 19th. Valley Paving Final Pay Estimate to Valley Paving was submitted by Administrator Wurl. Councilman Clymer made a motion to pay Valley Paving $9,080.98 as final payment. Seconded by Councilman Bergman. Roll call vote - Councilmen McEachern aye; 8ergman aye; Clymer aye. William Lane Administrator Wurl requested permission for the Mayor and City Clerk to sign the Right of way agreement, promissory note and deed with William H. Lane to resolve the right of way problem on Park Avenue for the detour of Highway 82 during construction of the Cooper Street Bridge. Total price $2514.00. State and County participation of $500.00 each. Payment of $1500.00 now, balance due in one year. William Lane deed 24-ft. of right of way to the City and Mr. Lane is requesting a quit claim deed from the City for any interest the City may have fn this property other than the 24-ft. right of way. Councilman Clymer made a motion to pay William Lane ~2514.00 and the Mayor and City Clerk to sign the quit claim deed and agreement for right of way. Seconded by Councilman Bergman. Roll call vote Councilmen McEachern aye; Bergman aye; Clymer aye. Liquor hearin City Clerk informed Council the liquor hearing date is the 19th of October and renewals for licenses for 1968 have to be submitted by the 20th of October~ Mayor Barnard stated a petition would be introduced into the record on liquor licenses at the hearing. Council, Mayor and Administrator agreed to meet this date at 10:00 p.m. City Hall to make a visit and study of the opened liquor establishments in the City Limits. The following letter, as requested by Mayor Barnard, is made a part of the record: Rotel Jerome "Aspen City Council October 16, 1967 Aspen Colorado Gentlemen: Re' Hotel Jerome "The matter of the Hotel Jerome, appearing twice on your agenda today, prompts me to advise you that this matter should properly go before the Planning and Zoning Commission. The Colorado State Statutes provide as follows: "Section 139-59-9. Whenever the cormnission shall have adopted the master plan of the municipality -- no ground or open space, or public building or structure -- shall be constructed or authorized in the municipality -- until such location charac- ter and extent thereof shall be submitted for approval by the cormnission --. "This statement is sent with the knowledge and approval of Mr. Tom Benton, Chairman of the Commission, and a copy is being sent to him. Yours truly, (signed) Francis Whitaker, Vice Chairman Aspen Planning and Zoning Commission'~ Letter from Chairman Benton of the Planning & Zoning Commission was read by Mayor Sidewalks 8arnard requesting perm~%ssion for the P & Z to make a study of sidewalks. Administrator Wurl suggested Council ask the Planning & Zoning Commission to make the study and offer the assistance of the engineering department to go block by block and determine what would be best for each block. Make plats of each block and Council adopt the plats. Council instructed Administrator Wurl to so inform the Planning and Zoning Commission of this suggestion. Councilman McEachern made a motion to pay the bills as submitted by the Finance Bills Department. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; McEachern aye; Bergman aye. Councilman McEachern made a motion to adjourn this meeting until October 19th, 3:30 p.m., City Council Chambers. Seconded by Councilman Clymer. All in favor, motion carried. Meeting adjourned at 5:15 p.m. ~ -- 'Czty Clerk Adjourned Meeting Aspen City Council October 19~ 1967 meeting was cal.led to order by Mayor Robert Barnard.at 3:40 p.m. The adjourned present: Counczlmen Carl Bergman, Werner Kuster, Wzlliam McE~chern, with the following Clyde Clymer, Attorney?Gaylord and City Administrator Leon Wurl. The following Resolution ~27, Series 1967 was read in full by Mayor Barnard: RESOLUTION i7% e i s- 6Y WHEREAS, the City Council of the City of Aspen, Colorado has been informed of the Resolution ~27 C. M. Clark actions of C. M. Clark; WHEREAS, there is a tendency in these times for private citizens to NOT become in- volved in unlawful acts done by others for a variety of reasons and; WHEREAS, when a private citizen does take the initiative when observing an unlawful act to notify the police, sign and complaint and actually assist in the arrest as done by C. M. Clark; AND, WHEREAS, this type of assistance is of great benefit to the citizens of this community and their officials; THEREFORE, BE IT RESOLVED: That this resolution commending the service of C. M. Clark be spread upon the public records of said City and a copy be presented to C. M. Clark in evidence of the apprecia- tion of the City of Aspen for his service. Councilman McEachern made a motion to adopt Resolution 4#27, Series of 1967, as read in full~ Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; McEachern aye; Clymer aye; Bergman aye. Mayor Barnard presented a formal Resolution to Mr. C. M. Clark. LIQUOR LICENSE HEARING Liquor Hearing Mayor Barnard - N~w we will open the liquor license hearing at this time. £ Attorney Gaylord - Mr. Mayor, before you commence the hearing. Mayor Barnard - Mrs. Gaylord if you will keep your comments to yourself. Attorney Gaylord - I have been informed by the City Administrator ten minutes ago, that I am not to conduct this hearing. This is not the City Administrator's prerogative. I want a vote of the Council. Mayor Barnard - If you insist on interjecting yourself into this meeting, I'll Lave to declare you out of order. AttorneY Gaylord - I would like to know who is going to conduct this hearing for the City. Mayor Barnard - I am going to conduct it. If you have any more comments, keep them to yourself. A~torney Gaylord - Does the Council approve this.action of the City Administrator. Mayor Barnard - I think so. DO you care to vote on it, gentlemen, or take my word for it? Councilman McEachern - You always have conducted them. Mayor Ba~nard - Well, I'm going to conduct this one. Attorney Gaylord - This notice I received said that another attorney is to represent the City. Mayor Barnard - We have Mr. Tam Scott here as special counsel for the Council. Attorney Gaylord - Did Mr. ScOtt get appointed by the Council at a meeting? Mayor Barnard - He has been engaged by Mr. Wurl to ~o this. Attorney Gaylord - The City Administrator doesn't have any authority to. Mayor Barnard - Mrs. Gaylord, I don't intend to engage in any argument about this. If you want to continue this liquor hearing I'd like to have you keep your comments to yourself. If you refuse to do so, I'll declare you out of order. Now is that clear? Alpine Liq. ALPINE LIQUORS - Application for Packaged Liquor Store. Application and information~required by Council were submitted and reviewed by Council. Application was in order. Map prepared by the City was submitted showing all types of liquor, 3.2 beer and new application outlets. MayOr Barnard - Is Mr. Sheehy here? Mr. sheehy - Yes sir. Mayor Barnard - As I understand Mr. Sheehy, this is a liquor license that will be a package store in conjunction with your new grocery store .... Is that correct? Mr. Sheehy - Next door. Mayor Barnard - In a separate building or separate room? Mr. Sheehy - In the same building, but separate. Mayor Barnard - Mr. Sheehy, do you have anything to say in connection with this application in your own behalf. Mr. Sheehy - All I can say is that we'll be serving an area that isn't served at present on the east side of town. That'S about all I can say. Mayor Barnard - That's fine. Are there any comments from the floor on this applica- tion. I have some letters here that deal with liquor licenses in general. I'll reserve these to the end of the meeting and read them all at one time. Does Council have any questions they want to ask of Mr. Sheehy or of this application material? (No further cormments.) ~aragon Rest. PARAGON RESTAURANT - New application for Beer, Wine and Spirituous Liquor. Presently licenSed Beer and Wine. Application and information required by Council were submitted and reviewed by Council. Application in order. Map prepared by the City was submitted showing all types of liquor, 3.2 Beer and new application outlets. Mayor Barmard - Does Frank Bering. have an i~terest.in~ur business Dpw Btu.ce? Bruce LeFavor - He would have an interest in the bar, part of the business, yes, Mayor Barnard - Tam, is this a proper thing to have the officers of the corporation alternate back and forth between two people? Attorney Scott - Yes. Mayor Barnard - Is Mr. Frank Bering here. (Mr. Bering present.) Do you still hold this 3.2 license at the Highlands. Mr. Bering - No, I haven't had that for 3 years Councilman Clymer - Are you a part owner in this bar or just operating it? Mr. Bering - Bruce LeFavor does not want to run it and he didn't want to hire a bartender to run it; wanted someone who would do a good job of it. I will be the opera- tor under a management agreement. Will have an agreement with Bruce and the Institute. Councilman Clymer - There is as much information on you in this file as Bruce. Mr. Bering - I turned that in for yourinformation. Mayor Barnard - Mr. LeFavor, do you have any comments to make on behalf of your application? Bruce LeFavor - Mr. Mayor, I have a petition here to submit. Mayor Barnard - It will be made ~a part of the record. (Petition Heading) "We, undersigned are in favor of and endorse the granting of a liquor license to PARAGON RESTAURANT, INC. doing business as PARAGON RESTAURANT AND PARAGON PARLOR on the premises of 419-423 East Hyman, Aspen, Colorado." Bruce LeFavor - The first four pages here are a summary of that petition. There are 429 signatures, they are cross referenced by page and line. I believe the Council knows ~ur restaurant. The bar will be run in the same style, quality bar. Hope to make it a very quiet place where people can talk. Will be decorated in the same style. I believe there is a need for this type of bar in Aspen s.ince the Hotel Jerome is closed. A place where you can go and talk. Will be glad to answer any questions Council may have. Mayor Barnard - Are there any questions from the floor concerning this application for license. Councilman Bergman - What would your hours be then, as far as off season? Bruce LeFavor - The bar will be open in the tourist season. We do contemplate opening in the summer, although we are mot certain about that. We will be open during the winter season. Tom Benton - Don't know if it is proper...if it is, I would like Council to give favorable consideration to this extension. It is one of our very favorable restaurants. A very great asset to Aspen. Mayor Barnard - Then you are going on record as being in favor of this application. Tom Benton - Yes Howard Awrey I feel that at present there are enough bars for Aspen's needs in the area. I think that the present bar owners have enough problems as it is making money. I think for at least a year we can wait and see how the impact of Snowmass is goi~ to affect the town's business. Personally, I think a lot of the businessmen will stay out there and not come into town and this will create more problems for the existing bar owners, to pay their bills, taxes and keep up to a decent standard. Mayor Barnard - So you are going to stand opposed to this application. Howard Awrey I am opposed. Attorney Johnston - Is Mr. Awrey opposing only this application or all of them? Howard Awrey - I am opposing all applications of new outlets, not packaged stores but I am talking about licenses for bar operations. Attorney Johnston - Ail three way licenses. Howard Awrey - Yes. Attorney Johnston - But not on the grounds of this application, qualifications, etc. Howard Awrey - No. Strictly from a business standpoint and what is good for the town and the people who are now in business here. Mayor Barnard - Any more comments from the floor. Attorney Johnston - I would like to recommend the application. (No further comments.) The Skillet THE SKILLET - Change in name and ownership (purchase and sale) of presently licensed Roman Lion. Application and information required by Council were submitted and reviewed by Council. Application in order. Map prepared by the City was submitted showing all types of liquor, 3.2 beer and new application outlets. Mayor Barnard - These people used to be in business at the Glory Hole and are now purchasing and wish to move to the Roman Lion. City Clerk - No¥ this has nothing to do with the Glory Hole. William Little - The Skillet has nothing to do with the bar at the Glory Hole. Admin. Wurl - This is a change in ownership and name. Mayor Barnard - Mr. Little, are you speaking on behalf of this application? Mr. Little - Mr. Millecam will speak. Mr. Millecam - Mr. Mayor, actually all we are doing is buying out an existing outlet. We plan to put in a dinner house with a convenience bar to the dinner house. We do not plan to run at any late hours, just merely a bar operation. The bar will be a convenience during the dinner hours, Mayor Barnard - Any remarks from the floor on this application. Bruce Polich - Is this our last chance to say anything on these applications. You know that I have a letter that I sent. Mayor Barnard - I will read the letters at the end of the hearing so that they can be made a part of the record. Bruce Polich - I don't want to comment on every one so if the letter-'will do it. Mayor Barnard - Feel free'if you want to say anything, but I will read your letter at the end of the hearing so that they will apply to the entire hearing. (No further comments.) Aspen Inn ASPEN INN - Application for new Beer, Wine and Spirituous Liquor License. Application and information required by Council were submittedand reviewed by Council. Application in order. Map prepared by the City was submittedshowing all types of liquor, 3.2 beer and new application outlets. Mayor Barnard - Is Mr. Bielefelt here. Mr. Bielefelt - Yes. Mayor Barnard - Would you like to say anything on behatf of your application? Mr. Bielefeldt - I definitely would like to say something on behalf of it. As you know, we purchased a defunct operation there and we feel that it had been run with a bar and restaurant and we would like to continue that, under completely new management and ownership. Mayor Barnard - Any commentsfrom the floor pro or con on this application. Bruce Polich - This is the type of license I am opposed to. I think Mr. Bielefeldt has a business here in town but I think most of the people are outsiders and coming into this community and I don't think they have contributed very much to date to what Aspen has become and they now want to come in and compete with~us with~'a license and we don't know what they are going to do up there. What kind of restaurant they are going to put in, what they plan to do, at least I don't know what they plan to do. The last time it was opened, it was opened by people from our community whO had managers and I don't think it was a successful operation. I don't know how Council feels about an outsider, but I think the other partners are and I am opposed to granting that license. (No further comments.) RUSTY NAIL - New application for Beer, Wine and Spirituous Liquor License. Rusty Nail Application and information required by Council were submitted and. reviewed by Councl 1. Application in order. Map prepared by the City was submitted showing all types of liquor, 3.2 beer and new application outlets. Admino Wurl - Is Council aware of where this is located? Mayor Barnard - I believe it is east of the post office on Hyman. Admin. Wurl - Right. Mayor Ba~nard - Is Mr. Cowhey here. Mr. Cowhey - Yes. Mayor~Barnard - Is this real property of $22,000 iR that the security for this $17,000 mortgage listed here? Mr, Cowhey - Yes. Mayor Barnard - What is the nature of this notes due? Mr. Cowhey - This is from another business I was previously in. ever Mayor Barnard - On this question #7, "Have you/had a license for the sale of beer, wine or spirituous liquor or 3.2 suspended or revoked", the anser here is yes. Mr. Cowhey - I erroneously made a mistake there and later corrected that with the Clerk. The answer on that is NO. M~yor Barnard - Do you, Mr. Cowhey, have any remarks to make on behalf of your application. Mr. Cowhey - As you know the existing structure will be remodeled and feel that the architecture will please the community and the building will also incorporate my own personal quarters. It will be under my supervision. It is not a very densely populated property, as it is the only structure. The format is such that it will not lend itself to late hours, simply not interested in that business. It is necessary to many people who I feel it is only appropriate that if someone asks for a drink they should get it. Mayor Barnard - Mr. Wurl, do we have a satisfactory set of plans on this. (Plans ~bmitted to Council by the Clerk, also reviewed by Council,) Mr. Cowhey - I had a licensed architect prepare these. Mayor Barnard - Any comments from the floor pro or con on this application. Howard Awrey - Again I would like to say that until we see whether there is going to be enough business to go around to the existing outlets, I am definitely opposed to the issuance of any new outlets. I have been in town for a few years in business and I have found that I do not need a liquor license to stay in business. There is nothing that says you have to have a liquoC license. Bruce Polich - I would like to point out that I am speaking as an operator of a business here for the past 9 year s and as a private citizen. I am opposed to this license because I feel that the needs of this co~unity have been met and I think that is particularly true in the summer and fall months. Gerard Sandersen - Is this on Hyman Street. Mayor Barnard - Down from the post office about 1/2 block on the north side of the street. Gerard Sandersen - Would like to say that I am opposed to it because if this goes on, Hyman Street will be known as bar street. That will make a total of 8 bars within two blocks, plus the fact of stores. Mayor Barnard - Would like to say to the assembled troops that Monday night the City Council, City Administrator and myself made a tour of the liquor outlets as many as we could find open. (No further comments.) LITTLE BAVARIA - Application for 3.2 Beer. Presently licensed as beer, wine and Little Bavaria spirituous liquor. Application and information required by Council were submitted and reviewed by Council. Application in order. Map prepared by the City was submitted showing all types of liquor, 3.2 beer and new application outlets. Mayor Barnard - Who is speaking for this application. I understand Harry Poole is out of the corporation. Steen Gantzel - That is right. I am speaking for Little Bavaria. Mayor Barnard - Do you have any additional remarks to say about this application? Steen Gantzel - First of all we are operating as a 3-way license. We feel that we didn't do a very good business last winter and we feel from an economic standpoint we have a better chance of operating this as a 3.2 place and still stay in our original concept with certain modifications. Feel there is a need for this type of outlet in the community. We would like to up date it and put in rock and roll type of music, juke box type of music and there is also the Bavarian band at times. This is the main reason why we decided to go from a 3-way license to 3.2 outlet. In the Newsweek Magazine under the heading of medicine they~have a little family cheer. I'll have to admit that I am guilty of the same attitude that some people have on the increase of liquor outlets. But now as a part owner of a liquor outfit, I have the same feeling that I have on lodgings and restaurants or other businesses. Despite the fact that as far as competition I don't feel that I am in a position to say that someone should not have the right to come in and establish their own business. The right to come in and open a bus~ness is one of our basi~i rights. I think that we can definitely show that at the present tzme there is no 3.2 outlet as an entertainment spot. The only 3.~ outlet is Pinocchio's which is only for eating. Yet it lacks the entertainment that zs necessary. Curtis Baar - Would like to add that I have heard that the tourists were upset be- cause of the lack of a place for the teenagers to go in the evening. Citizen The following letters were read in full by Mayor Barnard: letters Gentlemen: This letter respectfully requests that the Aspen City Council take some definite action at this time to limit the number Qf liquor licenses in the City of Aspen. .The situation at the present time in our development as a resort area demands that a new policy be established concerning requests for new liquor licenses. To my knowledge, no license has ever been denied in Aspen. There presently are 42 licenses of various kinds serving the Aspen area. Applications have been filed for six new ones or for changes in type of license o~ operator. Further the Pitkin County Commissioners have be- fore them three new license applications, and I believe that requests will be made for at least six others in the immediate future. With hard ~ork and careful budgeting, most Aspen operations can make a profit during the winter season. Summer is~another thing, and the off-season is, for most of us, a losing proposition. I think most operators are straining to remain in the black during the surmner season. There just are not enough customers to go around. The number of liquor licenses has doubled in the past five years; but, I would wager that the liquor distributors serving this area haven't increased total sales by 20% during that time. In the past I have never opposed a license application. I do now! This community is based on a highly seasonal, singl industry--tourism. Present license holders need and deserve some consideration f=om the authority charged with granting licenses. I have seen many licensed operations fail in the past eight years; many of them left town owing thousands of dollars to Aspen as well as other suppliers. Unlimited granting of licenses, in my opinion, encourages the fast-buck operator, the out-of-town investor-group, the chain operation; and, the uninformed individual who sees Aspen during the Christmas Season, February or March and comes to the conclusion that a liquor license and cash register are all he needs to strike it rich in Aspen. It is not that easy~ As duly elected representatives of this community, I urge the City ~Council and its Mayor to consider the economic health of the area. New license applications must be scrutinized in detail in light of the needs of the community. Also, existing establish- ments should be required to meet the standards of this community that many of us chose as a place in which to live and not as a place in which the fast dollar was the only goal. /§f Bruce Polich Dear Dr. Barnard: Once again, it is that time of year when the Mayor and City Council must face the difficult task of deliberating on the liquor licenses. Unquestionably, the Council will again be under great pressure from entrepreneurs to grant all licenses simply because an application has been made. I' find this reasoning totally without merit. It, would seem that, if the issuance of a liquor license was an absolute right of the person requesting it, the application procedure would be more of a formality, like licensing a car, but neither in law nor intent is the above the case. No, Council is changed with the responsibility to license liquor outlets only such that the needs of the community can be adequately met. In my judgment then, once the needs have been met, Council has not only the right but in fact the obligation to the town and its residents to refrain from granting licenses in excess of this, Further, each year Council must review existing licenses in order to have them renewed. It seems quite obvious that the purpose~of this requirement is to provide some type of control over the quality of the existing operations so that if, for example, a particu lar liquor outlet is continually in violation of laws and ordinances of the City, there is then a mechanism for eliminating such a trouble spot. I am sure you realize that maintaining Aspen as a fine quality reso=t is more directly influenced by the liquor license policy than any other single factor and, since you, as MaYOr, and the City Council have many times manifested a genuine interest in the welfare of~ Aspen, I hope you will give due consideration to the foregoing. - ' /s/ W. L. Comcowich, DDS Petition bearing 95 signatures with the following heading: Citizen "We, the undersigned, petition the City Council for the City of Aspen to refrain Petition from issuing new liquor 1%censes in the City of Aspen for the reason that the needs of the community are adequately satisfied by the existing liquor outlets .and.that the creation of new liquor outlets would cause substantial harm to the community." Mayor Barnard - We will ~take that under consideration~when we study the material. Mr. Bielefeldt - I would like to answer one of the objections that was made to the Aspen Inn Inn. Myself and partner that is involved in the Ski-Vu are also involved in the Aspen Inn. And I have been a resident of Aspen for 7 years. The interest of the City has been an objective with me not .always the main objective...I like to make money too. The objec- tion on this particular application is a problem in regard to what is being served. I have no objection, unless the Council has, to introducing the manager we will have in the Aspen Inn to run the kitchen and bar. He can spell out exactly what we are going to put on the menu. We do intend to have an Italian dish or two, I am sure, and some American food too. In objection to the number of signers, I feel lik where the Aspen Inn is locate and what area it will serve, it is definitely needed. Don't know if you are aware or not but there are very few rooms in the Aspen Inn. They spent a lot of money for dining and eating and lounge and bar. There are a number of condominiums and apartments there which are right around the existing Aspen Inn and we are there to serve these people as a con- venience. Would like to introduce Roland Canino who will manage the restaurant and bar. Roland Canino - I don't have too much to say, since I still feel like an outsider. Would like to say one thing in answer to one of the objections. I feel that the restau- rant owners that are here in the room have maintained a certain quality. I haven't heard any opposition from them. As you all know, Tony Canino is my uncle, who owns Tico's and he has proved a point I think in town that he is not going mostly for the tourist but he is going for the locals. And I think we intend to do the same thing. Think there is a definite need for this type of service in Aspen. Will maintain an Italian menu which I understand there is only one other since the Roman Lion closed. As far as quality, I have been in the restaurant business for many years and have not had any trouble yet. I know what my capabilities are. Feel that compteition is a great thing. We need more places that stay open 12 months of the year. Bruce Polich - I don't wish to get into an exchange with these two gentlemen, but I said I was opposed to that application because I consider it a new one and not because of the type of restaurant they are putting in. They can put in any type of restaurant they want, but I still object to the license. Mr. Cowhey - I would like to reinforce my position. I was formerly in the construc- tion and real estate business and a City planner and if the people in this business community are fearful of competition in Aspen and more so in Snowmass, then in my opinion you must improve what you have. We must improve our quality and since there are more permanent people here, I feel that my facility will adhere to the permanent resident. It is up to us whether we are going to improve our quality or go backwards by limiting and possibly being run over which often~ happens in a case of poor planning. Gene Mason - I speak as opposed to another package license in that there are now six of us in the business and I figure that they more than serve the community and surely that within 2 blocks west of this proposed site are two package outlets so I don't think that one two blocks east is serving the community. Mayor Barnard - The present situation Gene, is 3 packaged outlets and 3 packaged outlets in drug stores. Howard Awrey - Do you consider a transfer a new application? Mayor Barnard - No, s transfer is not considered in the same light as a brand new application. Howard Awrey - The reason I ask is that I would like to get the records straight. I am not against transfers of existing licenses because in my case as a lodge and restaurant owner, I know that in our area there is a need for an outlet for people who wou.d like to have a drink. I personally feel that having one at the Aspen Inn and down at the Toklat makes it possible for me to say to my guests that they can go down to the Aspen Inn or Tdklat and have a drink. And having the Aspen Inn closed, I felt that it was not to my advantage. So I would like to make it straight that I am not against the issumnce of a transfer. Mayor Barnard - So you are in favor of the Aspen Inn application. Howard Awrey I am for this application transfer, against any new applications because of regardless of. what new people.coming to Aspen think, there is still not enough business to go around. They open and find that out. Mayor Barnard - Befoare we conclude this hearing, % would like to say that the Council has slowly and surely gotten into a predicament here as far as who votes on what. We have consulted with legal counsel and gotten an opinion and for this reason Mr. Kuster will vote on the applications pertaining to packaged outlets and Mr. Bergman will vote on the ones having to do with 3-way out,ets, 3.2 beer and wine etc. With this ip/mind I will close the public hearing and Council will go into executive session, go o%zer this material and we will be out as soon as we can and then will proceed to vote on these applications. (Council went into executive session at 5:00 p.m.) (Council reconvened at 6:~ p.m. into regular session.) Mayor Barnard - Would like to say at this time that the hearing on these applica- Motions on tions is over; Council will now proceed to act upon them. Council's decision will be liquor lic. sent by letter to each applicant~within 30 days from this date. applications Councilman Kuster made a motion that the application for Alpine Liquors be denied - because the applicant has failed to show the need of the neighborhood are not currently being met. Seconded by Councilman McEachern. Roll call vote - Councilmen Bergman a~ stained; Kuster aye; McEachern aye; Clymer aye; Councilman McEachern made a motion that the request of the Paragon Restaurant be allowed. Seconded by Councilman Bergman. Councilman McEachern - Would like to summarize the feeling of the Council for this particular license. The needs of the neighborhood fn this case, we think that the appli- cant proved that there was a need partly by the presentation of a petition which considering the population of Aspen was a very formidable petition. Also it is an opera- tion of a specialty nature and not a general mill of the run operation. Also the fact that the operator had one license and another thing was that the operators over a period of time have shown that they are reputable operators and have proved that they can run a quality operation. Roll call vote - Councilmen McEachern aye; Clymer aye; Kuster abstained; Bergman aye.~ Councilman Bergman made a motion that the application for The Skillet be denied, for the information in the applicants' information file shows instability and unreliability. Seconded by Councilman Clymer. Mayor Barnard - Were you referring to the financial part of it. Councilman Bergman - Yes. It is the bare facts that we are deciding upon. Roll call vote - Councilmen Kuster abstained; Bergman aye; McEachern aye; Clymer ayes! Councilman Clymer made a motion that the application for the Aspen Inn for a 3-way license be granted. Seconded by Councilman McEachern. Roll call vote ~ Councilmen Bergman aye; McEachern aye; Clymer aye; Kuster abstained. Councilman Mcgachern made amotion that the application for the Rusty Nail be denied. Seconded by Councilman Clymer. Councilman McEachern - Will say again that the main thing that influenced Council is the fact that the applicant did not prove that a need existed in that neighborhood and that other evidence showed that the needs of that neighborhood had been met. It has been shown that 8 or 9 bars are already operating within 4 blocks of that establishmenT. Roll call vote - Councilmen Clymer aye; McEachern aye; Kuster abstained; Bergman aye.. Councilman Clymer made a motion that the application for the Little Bavaria be denied. Seconded by Councilman Bergman. Roll call vote - Councilmen McEachern aye; Kuster abstained; Bergman aye; Clymer aye, Mayor Barnard - Ail applicants will be formally notified in detail by letter of Council's decision and results. Councilman McEachern made a motion to adjourn at 6:15 p.m., seconded by Councilman Kuster. All in favor, motion carried and meeting adjourned. rraine Graves, City Clerk