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HomeMy WebLinkAboutminutes.council.19671120 Regular Meeting Aspen City Council November 20~ 1967 Meeting was called to order at 4:00 p.m. by Mayor Robert Barnard with Councilmen Bergman, Kuster, McEachern, and Clymer and City Administrator Wurl. Also present State Liquor Inspector, J. C. Philpott. Councilman Clymer made a motion to approve the minutes of November 6 and 13th as mailed. Seconded by Councilman Kuster. Ail in fa~, motion carried. The accounts payable were given to Councilman Kuster to check. ORDINANCE #23, SERIES 1967, AN ORDINANCE AMENDING CHAFFER 7, TITLE I, OF THE ORDINANCES Ord.#23 OF THE CITY OF ASPEN, COLORADO, PERTAINING TO THE SALARIES OF CITY OFFICERS AND DECLAR- Elected Offic. ING EMERGENCY TO EXIST was read for the second time by the City Clerk. Salaries Councilman Kuster made a motion to adopt Ordinance ~23, Series 1967 as read and order the same published. Seconded by Councilman McEachern. Roll call vote - Councilmen Clymer aye; Bergman aye; McEachern aye; Kuster aye. ORDINANCE #24, SERIES 1967, AN ORDINANCE VACATING AN ALLEYAND A PORTION OF AN Ord.24 INTERSECTION IN EAMES ADDITION TO THE CITY OF ASPEN, COLORADO, AND DECLRRING Vacating St.& AN EMERGENCY TO EXIST was read in full for the mecond time by the City Clerk. Alley Councilman Clymer made a motion to adopt Ordinance #24, Series 1967 as read in full for the second time and order the same published. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster aye; McEachern aye; Clymer aye; Bergman aye. ~' ORDINANCE #25, SERIES 1967, AN ORDINANCE AMENDING CHAPTER 3, TITLE VI, OF THE Ord.#25 ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO THE REGULATIONS, CONTROL Leash L~w VACCINATION, AND LICENSING OF DOGS AND DOG KENNELS, AND DECLARING AN EMERGENCY TO EXIST was read for the second time by the City Clerk in full. Councilman McEachern made a motion to adopt Ordinance #25, Series 1967 as read in full for the second time and order the same published. Seconded by Councilman Bergman. Discussed County participation. Administrator Wurl rePorted the County does not wish to participate, money wise, to the pound but would like the services of the dog catacher. Also discussed holding adoption of Ordinance until new dog pound is constructed. ~ Roll call vote - Councilmen McEachern aye; Kuster aye; Bergman aye; Clymer nay. Mayor Barnard convened the public hearing on 3.2 Beer License for Little Bavaria, Little Bavaria Inc.; Purchase and Sale application for Don and Bonnie Millecam - Beer, Wine 3.2 License and Spirituous Liquor; and renewals applicatiQns for 1968 as submitted by the City Clerk. Little Bavaria, Inc. - 3.2 B~er Application - Submitted by the City Clerk all forms required by the City of Aspen and the State Liquor Licensing authority. Also submitted by the City Clerk 2 petitions in favor of the appliction bearing 405 signatures and a survey completed by the Aspen Ski Corporation. Administrator Wurl reported the application could be re-submitted every 20 days. Mayor Barnard - Who is speaking for the Bavaria today? Steen Gantzel - I am Mayor Barnard - Steen, I noticed here under the percentages of ownership here on the application that one owner has 25% and there is nothing listed for the remaining stockholders. Are they all 25%. Steen Gantzel - Yes Mayor Barnard - St~en, how does it happen that here on the balance sheet that the secured loan is backed by a mortgage of $30,000 but you go across on the asset side and the real property is listed as $86,000. Steen Gantzel - That is the valuation of the property and the building. Mayor Barnard - And that is $30,000 against that. Steen Gantzel - That is the secured loan that is against that. Mayor Barnard - Steen, do you have anything to say in behalf of this application in addition to the material already submitted. Steen Gantzel - One thing, I would like to say is that. I went to the Ski Corporat- ion and they made three surveys which were done in March of last year. I only took out of the surveys the surveys that had comments on the fact that there was no teenage dancing or entertainment spot and also no places for the 18 to~ 20 year olds to go. And that is the list of surveys that you have there. I would like to mention that we have re-applied for this application because at the last Council meeting this application was denied and go the best of my knowledge the main reason for denial was at that time, we did not show a need for this in the community though getting letters ~rom people in the community and petitions, otherwise, show that there was a need for this type of operation. Although we did try to explain how we would operate this type of business and we have gone further _. now and tried to explain it in detail. Try to show some of the problems that we are aware of and how we would like to avoid them. Would like to mention that Mr. Sid Wheeler will run a delica.tessen type operation on the corner in the building. % do have one prospective employee that we do plan to employ with us and he is ~ present at the meeting and would like to introduce Mr. Williams from Denver, Colorado, and he did obtain some letters of recommendation and he is the kind of person we would like to have employed down there. Mayor Barnard - Will he be the manager. Steen Gantzel - No. The managers will be Curt Baar and myself. We are going to have absolute control of the operation as far as policy and what goes on down there. We do need reliable help down there to, o~ course, to make this tyep 697 RegularMeeting Aspen City Counc~! ~b~?3_._~P! · Little Bavaria of operation operate.to the best interest of the community. That is why Curt Baar and myself will manage it. Mayor Barnard - I notice here on this one page here you have James Poole crossed out as one of the corporation. Steen Gantzel - No, I don't believe so. I think that is an officer. What we did under the new corporation and by-laws - the reason for that is James Poole is in Durango but is a stockholder and we would like to have all the officers here in town. If you have any further questions you would like me to answer, I will be glad to do so. Mayor Barnard - Does Council have any questions they would like to ask Steen? Just with a quick glance at that biggest petition, I found a lot of names that actually are not allowable because they are not living in town. I just went through and checked them out. Steen Gantzel -That is right. This petition has approximately 400 ~names and what we did is Curt had a petition down at Tom's Market, I had ~ne and talked to people and George Odier took a petition around and we just took names of people in the community. We didn't try to state whether they were in the City or County. For what it is worth, on this petition the people when approached they had comments that they were in favor and that there was a need in the community for an operation that was well run. There only question was the past history of the "Mad Dog". Mayor Barnard - The only point that I am trying to make, is that the material which is relevant to this hearing are people who live in town, because that is ~the point of livingl in town. Mayor Barnard - Any comments from Council? (no comments) Are there any comments from the people here either pro or con? (no comments) Councilman Clymer made a motion that the application for a ~,2 .Beer Lzcense?be::. grante for Little Bavaria. Seconded by Councilman Bergman. Roll call vote - Councilmen McEachern aye; Clymer aye; Kuster abstained; Bergman aye. Don & Bonnie Mayor Barnard - Now we will take up the application for a purchase and sale application ~ Millecam for Don and Bonnie Millecam. full Lic. City Clerk - Mr. Mayor, you will note the application has been re submitted as an Car 19 individual, not under the name of The Skillet Inc. Council reviewed~ all material required by the City of Aspen and the State Liquor Licensing Authorit~ for a purchase and sale as submitted by the City Clerk. Don Millecam - Would like to make it understood this is a transfer and if there are any questions th~ Councilwoutd like to ask, I will be glad to answer them Mayor Barnard - Did you satisfy that tax lien that was pending up in Utah? Don Millecam - This tax lien we do not know about, it was quite surprising to me. Dick Fitzgerald - I called the credit bureau and I asked them to cail me back if they could substantiate that, they have never called back. Councilman Clymer - Are you going to manage it and be there all the time. Don Millecam - Right Mayor Barnard - Would like to state that the last time this application was considered there wasone member who had questionable financial record and that was the reason it was rejected, .Would anyone care to speak on this application. . Councilman Bergman made a motion to approve the application for Donand Bonnie Millecam Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster abstained; Bergman aye; McEachern aye; Clymer aye. Liquor Renewal~ Renewal applications for all types of Beer, Wine and Spirituous Liquor Licenses were submitted to Council by the City Clerk. Council reviewed all applicatioqs. Reports on violations were submitted by the Aspen Police Department. Submitted by the Finance Department~:credit:rating~as'to the-manner of payment ~e~the~City.on sales tax and utility bills. 698 R~ular Meeting Aspen C~tY Council Novembe~ 20~ !967 Liq. License Abbey Corporation - Renewal of Beer, Wine and Spirituous Liquor. Renewals Additional confidential information was submitted by the City Clerk to the Council relating to this application. Mayor Barnard- Who is appearing here today for this application. Attorney Oakes -~,I am. My~name is Leonard Oakes.' Mayor Barnard- Lennie, there are~ two items here, why~don~t you come up here. (Attorney Oakes approached Council table and conversed with Mayor Barnard) Councilman Clymer made a motion to take this application under advisement till Monday the 27th. Seconded by Councilman McEachern. Roll call vote - Councilmen Bergman aye; Clymer aye; McEachern aye; Kuster abstained. Aspen Alps Club - Renewal of Beer, Wine and Spirituous Liquor License.~ No Comments. Councilman McEachern made a motion that the Aspen Alps Club application be renewed. Seconded by Councilman Clymer. Roll call vote -Councilmen Kuster abstained; Bergman aye; Clymer aye; McEachern aye;. Aspen Inn - Renewal of Beer, Wine and Spirituous Liquor License. Mayor Barnard- In order to avoid using up too much time here, I would like to point out for Council's information that it has come to our attention that one or several of the parties involved in this operation up there have things in the police record that would lead us to believe there are felonies in which these people have been convicted. And my recommendation to Council would be that you hold up on this application until we can dig into it a little bit more and find out what the situation is. Would also like to point out the liquor laws state that it is up to the local licensing authority if you choose to grant the license after you know the circumstances Councilman McEachern made a motion that the application for the Aspen Inn be tabled. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye; Kuster abstained; McEach~rn aye; Bergman aye. Aspen Mountain Enterprises - Renewal of Beer, Wine and Spirituous Liquor License. Mayor Bernard - Would like to make the same remarks as I did about the other one. The~ are circumstances there that make this application open to serious consideration. Recommend Council table this application until we can obtain all the facts. Councilman Clymer made a motion to table the application for Aspen MouNtain Enterprises, Seconded by Councilman McEachern. Roll call vote - Councilmen Clymer aye; McEachern aye; Kuster abstained; Bergman aye. Buffet Room - Renewal of Beer, Wine and Spirituous Liquor License. No police record. Bad rating on payment of utilities and salestax. Councilman Clymer made a motion to take this application for the Buffet Room under advisement. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster abstained; Bergman aye; McEachern aye; Clymer aye. Chart House - Renewal of Beer, Wine and SpirituoUs Liquor License. Mayor Barnard- Would like to make the same remarks as I did abut the Aspen Inn and Aspen Mountain Enterprises. Namely there are people involved there that have been involved in activities that are not permissible under the liquor code. Councilman McEachern made a motion that the Chart House application be tabled. Seconde~ by Councilman Bergman. Roll call vote - Councilmen McEachern aye; Kuster abstained; Bergman aye; Clymer aye. Crystal Palace - Renewal of Beer, Wine and Spirituous Liquor License. No Comments. Councilman McEachern made a motion that the Crystal Palace application for renewal be granted. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Kuster abstained; McEachern aye; Clymer aye. 699 ................................... R~_i.~_~__M_.~p~ Aspen City Council November 20, 1967 Liq. Lic. Renewal Galena St. East - Renewal of Beer, Wine and Spirituous Liquor License Fair rating from Finance Department. 22 police miscellaneous incidents since January 23, 1965. Most were reported by the establishement. Councilman McEache~n made a motion that Galena St. East application for renewal be approved. Seconded by Councilman Bergman. Roll call vote - Councilmen McEachern aye; Kuster abstained; Bergman aye; Clymer aye. Glory Hole Lodge - Renewal of Beer, Wine and Spirituous Liquor License No comments. Coungilman Bergman made a motion that the Glory Hole renewal application be approved. Seconded by Councilman Clymer. Roll call vote - C~uncilmen Clymer aye; Bergman aye; McEachern aye; Kuster abstained. Golden Horn - Renewal of Beer, Wine and Spirituous Liquor License No comments. Co~neilman.Clyme~ made a motion that~the application for renewal ~for·the~Golden Horn 'be ~enewedJ Seconded by Councilman McEachern. Roll hall vote - Councilmen McEachern aye Kuster abstained; Bergman aye; Clymer aye. Guido's Swiss Inn - Renewal~of Beer, Wine and Spirituous Liquor License. No comments. Councilman McEachern made a motion that Guido's Swiss Inn application for renewal be approved.~ Seconded by coUncilman Bergman. Roll call vote- Councilmen Clymer aye; Kuster abstained; McEachern aye; Bergman aye. Gertrude Meyer - Renewal of Beer, Wine and Spirituous Liquor License. No comments. Councilman McEachern made a motion that the renewal application for Gertrude Meyer be renewed. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster abstained; Bergman aye; McEachern aye; Clymer aye. The Lodge - Renewal of Beer, Wine and Spirituous Liquor License. No comments. Councilman Bergman made a motion that the application for renewal for The Lodge be renewed. Seconded by Councilman McEachern. Roll call vote - CouncilmenMcEachern aye; Clymer aye; Bergman aye; Kuster abstained. Mother Lode - Renewal of Beer, Wine and Spirituous Liquor License. No comments. Councilman McEachern made a motion the license for the Mother Lode be mewed. Seconded by Councilman Bergman. Roll cal% vote - Councilmen Bergman aye; McEachern aye; Clymer aye; Kuster abstained. Para~on Parlor - Renegal of Beer, Wine and Spimituous Liquor License. No comments. Councilman McEachern made a motion that the license for the Paragon Parlor be renewed. Mayor Barnard - It seems that there is a problem with payment of utilities on this. Bruce LeFavor - The utilities are paid by the Aspen Institute. Finance Department - This is based on the sales tax also. Councilman McEachern withdrew his motion. Councilman Clymer made a motion to table the application for the Paragon Parlor. Second-i ed by Councilman Bergman. Roll call vote - Councilmen Kuster abstained; Beggman aye; Clymer aye; McEachern aye. Red Onion - Renewal of Beer, Wine and Spirituous Liquor License. 26 miscellaneous incidents most of which were reported by the management. Councilman Bergman made a motion the application for renewal of license for the Red Onion be approved. Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster abstained; Bergman aye; McEachern aye; Clymer aye. 700 Regular Meeting Aspen City Council November 20, 1967 Smuggler inn - Renewal of Beer, Wine and Sp~rztuous Lzquor License. Poor rating from Finance on collection of sales tax and payment of utilities. Councilman McEachern made a motio~ that the Smuggler Inn application for renewal be tabled. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Clymer aye; McEachern aye; Kuster abstained. Steak Pit - Renewal of Beer, Wine and Spirithous Liquor License. No comments. Councilman Bergman made a motion the renewal application for the Steak Pit' be approved. Seconded by Councilman Clymer.~ Roll call vote - Councilmen McEachern aye; Kuster abstained; Bergman aye; Clymer aye'. Stromberg's - Renewal of Beer, Wine and Spri~uos Liquor License. Fair rating on sales tax and utilit~j payments. Councilman Clymer made a motion to approve the renewal application for Stromberg's. Seconded by Councilma~ McEac'hern. Roll dall vote - Councilmen Kuster abstained; Bergman aye; McEachern aye; Clymer aye. Sunnie's - Renewal of Beer, Wine and Spirituous Liquor License Poor rating on sales tax and utility payments. Sunnie ~ The reason for the sales tax has been late lately is because Mr. Sheehy has been busy on his new building. Councilman McEachern made am otinn that the renewal application for Sunnie's be approved Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Clymer aye; McEachern aye; Kuster abstained. Tippler - Renewal of Beer, Wine and Spirituous Liquor License. No comments. Councilman McEachern made.a motion to approve the renewal application for the Tippler. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster abstained; Bergman aye; McEachern aye; Clymer aye. Toklat of Aspen - Renewal of Beer, Wine and Spirituous Liquor License No comments Councilman McEachern made a motion the renewal application for the Toklat of Aspen be approved. Seconded by Counczlman Clymer. Roll call vote - Councilmen Bergman aye; McEachern aye; Clymer aye; Kuster abstained. Wheeler Pub House - Renewal of Beer~ Wine And Spirituous Liquor License 3 incident reports since September 10th. Mayor Barnard stated 2 or 3 times someone has tied their horse to his crab apple trees. Also stated the bar being in a public building has not turned out to be the type of bar originally intended. Mr. Keating of the bar, stated people have come into their bar with glasses from somewhere else and were refused service in the Wheeler Pub House because they were ~ready intoxicated. Councilman McEachern made a motion thatthe renewal application for Donald Swales be approved. Seconded by Councilman Bergman. Roll call vote - Councilmen McEachern aye; Clymer nay; Kuster abstained; Bergman aye. Motinn carried. Woodlander - Renewal of Beer, Wine and Spirituous Liquor License 18 miscellaneous incidents since February.12, 1966/ One recent incident where the guests signed a complaint~aga%ns~ Hamphill for as~ult. Hamphill notified the police, charges were dropped. Mayor Barnard questioned Mr. Hamphill if Leslie Gross as Vice President owned any stock in the corporation. Mr. Na~phill answered no. Poor rating on sales ~ax and utility payments. Mr. Hamphill questioned Chief Scott on how many of the incidents were for I.D. checks. Chief Scott stated he had not separated the calls as to whether the establishements had called the Police Department. Counciman Clymer made a motion tha~ the renewal application for the Woodlander be tabled Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster abstained; Bergman aye; McEachernaye; Clymer aye. 701 Regular Meeting Aspen City Council NoVember 20,_ 1967 Lie Renewal Aspen Drub - Renewal of Drug Liquor Store License. No comments Councilman Kuster madea motion to approve the renewal application for Aspen Drug. Seconded by Councilman McEachern. Roll call vote - Councilmen Bergman abstain; Kuster aye; McEachern aye; Clymer aye. Aspen-Hallmark - Renewal of Drug Store Liquor License. No comments COuncilman McEaohern made a motion that the renewal application for Aspen-Hallmark be approved. Seconded by Councilman Kuster. Roll call vote - Councilmen McEachern aye; Kuster aye; Clymer aye; Bergman abstained. Matthew Drug - Renewal of Drug Store Liquor License No comments Councilman Kuster made a motion to approve the renewal application for Matthew Drug. Seconded by Conncilman McEachern. Roll call vote - Councilmen Kuster aye; Bergman abstained; McEachern aye; Clymer aye. Eagles - Renewal of Liquor Licensed Club No comments Councilman McEachernmade a motion to approve the eagles Club renewal application. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman aye; Kuster abstained; McEachern aye; Clymer aye Elks - Renewal of Liquor Licensed Club NO eorf~ent s Councilman Clymer made a motion to approve the renewal application for the Elks. .Seconded by Councilman Bergman, Roll call vote - CounCilmen Ctymer aye; McEachern aye; Kuster abstained; Bergman aye. Carenthia Corporation - Renewal of Beer, and Wine License No comments Councilman Bergman made a motion to renew the Beer and Wine License for the Carenthia ~Corporation. Seconded by CouncilmanClymer. Ro'll~callvote,- Councilmen Kuster abstain; Bergman aye; McEachern aye; Clymer aye. Mountain Chalet - Renewal of Beer and Wine License No comments Councilman McEachernmade a motion to approve the renewalof beer and wine license for the Mountain Chalet. Seconded by Councilman Clymer. ~Rollcatl vote -.~Councilmen Kuster abstained; McEachern aye; Clymer aye; Bergman aye. Louie's Spirit House - Renewal of Liquor License for Packaged Store No comments Councilman KUster made a motion to approve ;the renewal application for Louie's Spirit House. Seconded by Councilman Clymer. Roll call vote - Councilmen Bergman abstained; Kuster aye; McEachern aye; Clymer aye. Magnifico LiQuOr - Renewal application for Packaged Store License. No comments Councilman Kuster made a motion to renew the license for Magnifico Liquor. Seconded by Councilman McEachern. Roll call vote - Councilmen Clymer aye; McEachern aye; Kuster aye;.Bergman abstained. ~ ~ ~ul's LiQuor ~ Renewal application for Packaged Liquor Store Poor rating on sales tax ~and utility p~yments. ~ouncilman Clymer. made a motiOn to table the renewal application.for Paut!s Liquor. Seconded~by. Couneilman Kuster. Roll call=vote .... Councilmen~Kuster_ aye;Bergman~ abstaine~i; McEachern aye; Clymer aye. Don and Bonnie Millecam - Renewal of Beer, Wine and Spirituous Liquor License. Councilman McEachern made a motion the renewal application for Don and Bonnie Millecam be approved. Seconded by Councilman Clymer. Roll call vote - Councilmen McEachern aye;ii Clymer aye; Bergman aye; Kuster abstairmd. 7O2 Regular Meeting Aspen City Council November 20, 1967 Mayor Barnard closed the public hearing on the new application and renewals. Discussed how far back police reports should be submitted for the renewals, also Incident Reports whether miscellaneous reports should be submitted when called in by the management, to Council Councilman Kuster made a motion to exclude .minor incidents such as false I.D's when the operator calls the Police Department fromthe record. Seconded by Councilman McEachern. Roll call vote - Councilmen Clymer nay; McEachern aye.; Kuster aye; Bergman nay. Mayor Barnard voted nay. Motion not carried. Remodeling for liquor establishements of the Little. Bavaria, Inc. and Asp~n-Ha!lmark were submitted to Council.by the City Clerk. Council reviewed plans of remodeling. Councilman Clymermade a motion to approve the remodeling of Aspen-Hallmark. Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster aye; McEachern aye; Clymer aye; Bergman abstain. Councilman Clymer made a motion to approve the remodeling of the Little Bavaria. Seconded by Councilman Bergraan. Roll call vote - Councilmen Bergman aye; Kuster abstain; McEachern aye; Clymer aye. ORDINANCE #26, SERIES 1967, AN ORDINANCE AMENDING TITLE I, CHAPTER 14, SECTION 4, OF THE OFFICIAL CODE OF THE CITY OF ASPEN, COLORADO, REGARDING INCREASE OF THE Ord. 26 SALARY OF THE POLICE MAGISTRATE AND DECKING AN EMERGENCY TO.EXIST was read in full Magistrate Salar~ for the first time by the City Clerk. Councilman Kuster made a motion to approve Ordinance #26, Series 1967 on first reading and order the same published. Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster aye; Bergman aye; McEachern aye; Clymer aye. ORDINANCE #27, SERIES 1967, AN ORDINANCE REGULARI~G AND RESTRICTING THE IDLING OF MOTORS OF BUSES AND MOTOR VEHICLES WITHIN THE CITY,OF ASPEN, COLORADO AND DECLARING Ord.27 AN EMERGENCY TO EXIST was read in full for the first time by the City Clerk. Idling Buses & Vehicles Discussed the enfOrcement of this ordinance. ~-~ Councilman McEachern made a motion to approve Ordinance.#27, Serie~ 1967 as read in full and order the~.same published. Seconded by Councilman Bergman. .Roll call vote Councilmen Kuster nay; McEachern aye; Clymernay; Bergman aye. Motion not carried. Council request Ordinance be re-read. City Clerk read Ordinance #27 again. Councilman McEachern made a motion to approve Ordinance #27, Series 1967 and order the same publi~tn~d. Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye; Kuster aye;.McEachern aye; Clymer nay. Mot$on carried. Councilman Kuster made a motion to pay the bills except for $16.37 to Mountain State Telephone for calls made at the golf course. Seconded by Councilman Clymer. Roll call vote - Councilmen Kuster aye; Clymer aye; McEachern aye; Bergman aye. Red Mountain Water Project -:Administrator Wurl reported the.City still has 200' of Red Mt. Water pipe to lay. Hotel Jerome - Discussed the problems on the option agreement. Mayor Barnard suggest two simple agreements - one with the Institute and one with Mrs. Elisha. Jerome Councilman McEachern made a mo~ion the Cityof Aspen propose to Mrs. Elisha that the City of Aspen pay $5,000 option money for the right to purchase the.Hotel and all its fixtures and improvements for the sum of $250,000. Option period shall run until June 1, 1968 and amount of option shall apply to purchase price. Also proposed to the Aspen Institute that the Aspen Institute agrees to sell its lease on the Hotel Jerome to the City of Aspen for $1.00 if said City exercises its option to purchase Hotel from Mrs. Elisha on June 1, 1968. Seconded by Councilman Bergman. Roll call vote - Councilmen Bergman aye; Clymer aye; McEachern aye; Kuster aye. Bus Stops - Administrator Wurl request approval from Council of the bus stops minus 3us Stops the ski racks. Councilman MeEachern made a motion to approve the bus stops as drawn on 'the map as submitted. Seconded by Councilman~Kuster. Roll call vote - Councilmen Kuster aye; McEachern aye; Clymer aye; Bergman aye. 704 Re~gular Meeting' Aspen CitM Council Novembe~ 20~.!967 Administrator Wurl reported at the bus depot there is one bus which arrives in Aspen at 9:00 p.m. on Fridays. Council agreed to permit a standard on the sidewalk for the time on Friday nights to exclude parking of other vehicles. ~ Glory Hole Park - Administrator Wurl request approval fromCouncil to re-apply for Glory Hole Pk federal assistance on the park. Councilman Kuster made a motion to instruct Leon Wurl to handle assistance from the Federal Government for Glory Hole Park. Seconded by Councilman Clymer. Ail in favor, motion carried. Ross Apartment Sidewalk - Councilman McEachern made a motion that the Ross Apartment Ross Apt. Sidewalk owners be informed that their 'sidewalk is not acceptable because it is too high. Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; McEachern aye; Kuster aye; Bergman aye. Back Hoe - Administrator Wurl request approval from Council to purchase a back hoe Back Hoe which has been rented by the City for the Red Mountain Water PrOject. $6,000 was budgeted in 1968 for this capital item. Total price $14,850.00 - Payment of $6,000 and in 1968 payment of balance of $8,850.00 tabled. Report on State Highway Meeting - Administrator Wurl reported he did go to Denver and St. Hgy. Meeting relayed the Council's requests to the State Highway Department. No cormnitment by the State was made. Councilman Kuster questioned why the detour of Highway 82 had not been paved. Wurl reported the State did not have the money to pave it. Discussed the hazards and danger of pedestrians on the detour. Administrator Wurl reported a location for a walking bridge is being investigated. Organizational Meeting - Administrator Wurl request who Council wished to have give Organizational the oath for the new officials in January. Also if they wished to get together before Meeting the meeting to discuss appointments for the coming year. Tabled. Music Associates request for use the Hotel Jerome for a cocktail party in December. ~ Council agreed NO due to the present problems with the option agreement on the Hotel. Dog Pound - Administrator Wurl submitted a plan for a new dog pound and cost sheet for Dog Pound ~ Council approval. Discussed location. Administrator Wurl reported the County is not willing to go along with a share of the cost of the new dog pound but would like to share the dog catcher. Tabled. Letter fromthe Assistar~e Attorney General was read by Mayor Barnard relating to the Cityof Aspen negliently polluting the Roaring Fork River and Killing fish. State Fish - State demands restitution of $1,000 - $1.00 per fish. Councilman Clymer made a motion to authorize Leon Wurl to so informthe State in no uncertain terms the Sanitation Plant does not belong to the City of Aspen. Se~nded by Councilman Bergman. All in favor, motion carried. Councilman McEachern made a motion to adjourn this meeting until November 27th at 3:30 p.m. Seconded by Councilman Kuster. 7:10 p.m. Ail in favor, motion carried. City Clerk 705 Adjourned Meeting Aspen City Council November 27, 1967 Meeting was called to order at 3:40 p.m. by Mayor Robert Barnard with Councilmen Carl Bergman, Werner Kuster, Clyde Clymer and City Administrator Leon Wurl. Also present Attorney "Tam" Scott as Special Counsel. Mayor Barnard stated the Council would go into executive session to consider additional confidential evidence submitted on the remaining 9 liquor renewal applications. Councilman William McEachern arrived. Council left the Council Chambers. Council came out of executive session, Mayor Barnard reconvened the meeting at 4:15 p.m. Mayor Barnard Just for information to the people here in the room, Council has taken Liq. Lic.Renewa s the last half ~our or so to go through the 9 applications with which we had trouble withat the last hearing, and determine what the problem was and what disposition has been made of it. We will go through 5 here that were concerned with either non payment of or late payment of util. ity bills or sales tax or both. Ail of them have been straightened out. Abbey Corporation Mayor Barnard - The problem briefly on this application was slow payment of utility bills and non payment of sales tax for a period of time. We have talked to the owners and they have made restitution and paid everything up to date. Admznz'strator W~rl - They have also put down a deposit of a ~couple of hundred Now a current account. Councilman Bergman made a motion the Council approve the renewal application for the Abbey. Seconded by Councilman McEachern. Roll call vote - Councilmen Clymer aye; Bergman aye; Kuster abstained; McEachern aye. Paul' s Liquor Mayor Barnard - The problem here basically was the question of utility bills being · ~ paid. I think it has all been taken care of with the exception of a small amount of a penalty on some bill of approximately $7.00. Councilman Kuster made a motion to approve Paul's Liquor renewal application on the condition the penalty outstanding is paid by Tuesday November 28th. Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster aye;Bergman abstained; McEachern aye; Clymer aye. , · · Gray's Smugsler Inn Mayor Barnard - Same problem there, unpaid.utility bills and' bed tax, sales tax, but understand it is all current now. Councilman McEachern made a motion to approve the renewal application for Gray's Smuggler Inn. Seconded by Councilman Clymer. Roll call vote -,Councilmen Kuster abstained;,Bergman-aye; McEachern aye~ Clymer aye... Para~on Parlor Mayor ~Barnard -.-Same problem there, apparently a misunderstanding about the fact that there was an unpaid bill. Ail has been taken care of. Councilman Clymer made a motion to approve the renewal application for Paragon Parlor. Seconded by Councilman McEachern. Roll call vote - Councilmen Bergman aye; Kuster abstained; McEachern aye; Clymer aye.~ Buffet Room· · Mayor Barnard - Council and I would like to extend our apology to Mr. Wolf. On this one it was our mistake, we thought the unpaid utility bills belonged to Mr. Wolf but - ~ they belong to the Continental Inn. Councilman Bergman made a motion to approve the renewal application for Heinz Wolf. Seconded by Councilman Clymer. Roll call vote - Councilmen McEachern aye;' Clymer aye; Kuster abstained; Bergman aye. 7O6 Regular Meeting Aspen City Council November 27, 1967 Woodlander Liq.Loc Renewals Mayor Barnard - This application h~d basically the same problem late on utility bills those have all been made current at the present time. While we are on the subject, I would like to point out a couple of things here that while Council is aware of the problem they choose not to take any action on it simply becaqse .they did not feel the evidence was overwNelm~g~ enough to do anything about it. Is Bud Hamphill here. Mr. Hamphill - Yes Mayor Barnard - Would like to point out here, Bud, you had in and around your operation for the last year,approximately 3 spisodes of marijunana sale or possession of. We would like to just remind you that we are holding you responsible for the operation of a good place and if there are anymore things like that happen and you become tied to the, it could become extremely difficult for you. Also another thing it has come to my attention that your Vice President - Leslie Gross - about two years ago was convicted on a fraud charge down in Denver and had to make $40,000 restitution for damages to other parties. This case is currently in the Colorado Courts. While we did not feel this was any reason for us to make a big fuss about it, we would like to make it clear to you that we are aware of it. Mr. Hamphill - I was not aware of it. Would like to say something about this marijunana. The~ first case.of this came up shortly after we:were open~ I was approached by the Chief of ~Police and was asked for my cooperation. I went down and talked to the District Attorney in bOth cases and both offices and in both offices I said that I would be happy to give my cooperation and will do exactly what you want me to do. But if this ever comes up, please protect the name of the Woodlander and the Chief, and I will direct this to you, am I right in the first case. Mayor Barnard - Well ghis isn't quite the way the Chief told it to me. Chief Scott - As I remeber your honor,~ the case that your speaking of. We were aware at the time that there were tRings going on there that would have to be investigated and Mr. Hamphill was very concerned on his own at that time, actually was about to take some action on his own and I told him to play it cool, don!t upset the wagon. Mayor Barnard - Mr. Hamphill all I am trying to tell you is, we are holding you ' responsible for what happens in your place. You run a good place you get no heat from us, if you don't you will get it. Mr.Hamphill - Ail I am trying to say is I was cooperating with the Police on tw9 of these instances and now you are holding it against me. I called t~e Police to report this. I was told not to make an issue of this. Mayor Barnard - You are about to get your license renewed here, but if you keep arguing, I don't know what is going to happen. Mr. Hamphill - What do you want me to explain. You have brought up 3 instances. The other one has to do with the Marlen Apartments and dosen't have anything to do with the liquor license. These are apartments that I do rent out but not to pot heads. It has been reported to me by the Sheriff's office that one of these apartments was a suspect and since have evicted those. The bust that happened up there, I Rnew nothing about that and I think that is on record at the Sheriff's office too. In a recent case, the Sheriff came in and asked me again for my cooperation, he wanted to watch these people. I said t was going to fire them and he said please do.n't and so they were able to catch them. What do you want me to do. Mayor Barnard - I don't know, just told you what Council feels is your responsibility. Mr. Hamphill - I haven't done anything wrong., Mayor Barnard - I just think you should be sure that illegal traffic of drugs is not going on in yonr place. Mr. Hamphill ~ To my knowledge it never has. Mayor Barnard - Wasn't that your cook that was arrested going out the back door. Mr. Hamphill - Werner, didn't you have a cashier arrested at your place. · Councilman Kuster - Yes Mr. Hamphill - Did you know about it, I didn't know about it, that dosen't make me responsible if I don't know about it. 707 ................................. _A~jo.. _~ne_~.e_tjn__~ .................. ~p~n City Council November 27, 1967 Liq. Loc Renewa].s Mayor Barnard - I don't think it is quite that simple sorry, I don't agree with you. I think you should know what is going on in your own place. Just want to explain ~,~ to you what. Council's feelings are and if yours are different that is your problem. Mr.Hamphill - Would like to say in closing, that I did not have knowledge of any of these things and it wasn't because my eyes were closed or I was overlooking some- thing. On one occasion I had called and reported. Will certainly do all that I can to run a clean place. Councilman McEachern made a motion to approve the renewal application for the Woodlande~. Seconded by Councilman Bergman. Roll call vote - Councilmen Kuster abstained; Bergman aye; Clymer aye; McEachern aye. Chart House Mayor Barnard - The problem here is one of the employees of the Chart House about 3 or 4 years ago had a petty larceny conviction with a $70 or $75 fine levied. I believe we have some character letters here that will be made a.part of the record. Mr. Colvard do you object to these letters being read. Mr. Colvard - No. To Whom It May Concern: This letter will introduce Mr. Victor Colvard who has been a customer of our bank for several years. Mr. Colvard presently has a satisfactory checking account in a low three figure, amount and 3 ,savings accounts totaling a low four figure amount. We have extended 4 loans, during .this period and all loans have been repaid on a satisfactory basis. During this period, Mr; Cotvard has conducted his business with.our bank in a very satisfactory manner. /.s/ Logan L. Bailor Executive Vice President ~ank of Aspen Gentlemen: I have been informed that a question has arisen within the Council concerning the renewal of the Chart House Restaurant's liquor license. I gather this arises from a misdemeanor charge of several years ago against Mr. Victor H. Colvard. I have known Mr. Colvard for approximately six years and consider him to be a citizen of Aspen of the high~st integrity, conscientiousness, and thoroughly concerned with the well b&ing of this City. The circumstances of Mr. Colvard's previous brush with the law struck me at the time%as more humorous than malicious. And the fact that his employer.: of tha:~time share~s in the recommendation I am about to make, adds further weight to this observation. I would strongly, recommend the renewal of the Chart House liquor license on the grounds that Mr. Colvard has proven himself beyond any doubt to be an upright and valued citizen of the City of Aspens. /s/ Robert W. Craig TO~ WHOM IT~MAY: CONCERN: I have known Mr. Victor Colvard since his arrival in Aspen 6-1/2 years ago, both in buAiness and social surroundings. With the exception~of, th~'..i~cident at the Red Onion, o,f which, there has.not been a recurrence, I have found his character to be above reproach. /s/ Werner Kuster Red Onion Gentlemen: I am writing this letter with reference to the tabling of the liquor license renewal to The Chart House, Aspen, Colorado. I understand the reason for tabling of this renewal application is due to the fact that Mr. Victor Colvard, an employee of The Chart House, had been convicted of a misdemeanor several years ago. I have known Vio~r Colvard for several years and have ~ound him to .be a. man ofintegrity~ and an..asset to this community. His reputation in this community is good ~nd~*I r~quest that the Council look with favor upon the re-issuance of the liquor license to The Chart House. 7O8 Adjourned Meeting Aspen City Council November 27, 1967 Sirs: Liq. Loc Renewals I learned today of your inquest into the affairs and integrity of Victor Colvard. I have known Victor well for six years and he has been employed by my construction company for the past year. I know him as an extremely serious and honest person, and a willing and competent worker. It is the presense of men like Victor Colvard that keeps many of us here and happy with a town that sometimes shows itself as very petty. /s/ Doug Rowley Magic Construction Co. Mayor Barnard - I think on the strength of these letters, Council can make their decision. Would like to point out at this time that under the Statutes that we are operating, states in brief that Council knowing these things is free to go ahead and act as they see fit. I think we are all aware of the circumstances in this case. Councilman McEachern made a motion to approve the renewal application for the Chart House. Seconded by Councilman Bergman. Roll call vote - Councilmen Clymer aye;. McEachern aye; Kuster abstained; Bergman aye. Centre of Aspen - Aspen Mountain Enterprises Mayor Barnard - I will say. briefly that here that the problem arose, here because the person who was to run the operation had a list of convictions for various misdemeanors and so forth which Council felt was significant and the owner of the establishment saw fit to terminate that persons employment. So I think that the problem that existed at the last hearing no longer exists. Councilman Clymer made a motion to approve the renewal application for the Aspen Mountain Enterprises. Seconded by Councilman McEachern. Roll call vote - Councilmen Kuster abstained; Bergman aye; McEachern aye; Clymer aye. Aspen Inn Mayor Barnard - I will read a letter here which I think will resolve the problem and make your course of action a little easier to see. Gentlemen: Effective immediately please be advised that both Roland Canino and Dick Hollars have terminated their association with The Aspenlnn and are no longer employed by Applicant. /s/ The Aspen Inn Lyman M. Bielefeldt Resident Manager Mayor Barnard - I would like to point out at this time that I don't quite understand why these two names appear in this letter. Would like to make it clear to anyone in the room and the public at large that Council was not concerned with Dick Hollars association with the Aspen Inn and as far as we are concerned we are totally dis- interested with his name in this letter. Just want to make that part of the record. L. Bielefelt - Would like to delete that name from the letter if it is not necessary, we would like to leave it out. Mayor Barnard - Is that agreeable with Council. (Council agreed to delete the name of Dick Hollars from the' letter ) Mayor Barnard - In this case, I don't think the problem no longer exists in this application. Councilman McEachern made a motion to approve the renewal application for the Aspen Inn Seconded by Councilman Clymer. Roll call vote - Councilmen Clymer aye; Kuster abstaine¢ Bergman aye; McEachern aye. The following Resolution #34, Series 1967 was mead in full by the City Clerk: Transfer Fundc~. RESOLUTION No. 34, Series 1~67 WHEREAS, the City Council of the City of Aspen, Colorado desires to pay certain amounts that are now due from the General Fund, and finds that there is not sufficient money available in said fund currently to effect such payments; and Transfer Funds WHEREAS, the City Council of the City of Aspen finds that it is in the best interest of the City to make suchpayments and desires .to transfer the sum of $10,000 from the Electric Operating Fund to the General Fund; NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk and the City Treasurer are hereby authorized and directed to transfer the sum of $10,000 from the Electric Operating Fund to the General Fund; and 2. A copy of this Resolution shall be delivered to the City Clerk and the City Treasurer as the authority to effect such transfer. Councilman Kuster mad~ a motion to adopt the foregoing Resolution #34, Series 1967 as read in full.~ SecOnded by Councilman Bergman. Roll call vote - Councilmen Bergman aye; Kuster aye; McEachern aye; Clymer aye. Administrator Wurl stated he had asked Attorney "Tam" Scott to represent the City at this meeting as Special Counsel, this being the reason for his appearance. A petition was submitted with 50 ~r 60 signatures against the present detour of Detour Highway 82 Highway 82. Petition proposed the original plan of temporary bridge over Roaring Fork River on Hopkins Street, cover letter also stated complaints were made due to no stop signs on the deto.ur, no speed limit signs, pavement on the south side of Neal Avenue bridge washed away, suggest walking bridge for pedestrians and a turn lane on Original Street where Original and Neal Avenue meet. Administr~r Wurl reported the State will fix the washed out pavement on Neal Avmnue bridge, also the State will put in a walking bridge~- looking for location. Mayor Barnmrd stated the reason for putting the Cooper Street bridge in at this time of year is due to this project being budgeted by the State for 1967. Also the reason for the present detour location is due to a strong objection on the part of the Pitkin County Park Association for the detour of a temporary briRge on Hopkins. Discussed only using the road around by the hospital as the detour, eliminating Neal Avenue. Wurl reported the stop sign at the top of the hill on Neal Avenue could be moved over to Original so that traffic would not have to stop at the top of the hill. Council stated the petition should be forwarded to the proper authority -~ the State. ~ ~ Auditor Administrator Wurl request authorization for Dan Handy, CPA to do the 1967 audit~ Councilman McEachern made a motionto authorize Dan Handy, CPA to do the audit for 1967. Seconded by Councilman Clymer. All in favor, motion carried. A layout and letter addressed to William Dunaway from F. Benedict - were submitted Chamber Space to Council. Request aon the part of the Chamber for space in the Opera House to be vacated by Beck and Bishop. Council to review. Ruby Park - Administrator Wurl submitted layout of on surface parking for Ruby Park. Rubey Park Mr. Wurl stated C~ M. Clark would like Council's support on this project.. 101 spaces if snow is removed, 72 if snow ia not removed. Councilman Clymer made a motion to morally support Mr. C. M. Clmrk in the off street parking on Ruby Park. Seconded by Councilman McEachern, Rollcall!vote - Councilmen Bergman aye; Kuster aye; McEachern aye; Clymer aye. Dog Pound Dog Pound - Wurl asked for permission to begin construction of the new dog pound as time and money is available. Councilman McEachern made a motion to build a dog pound down by the City Power House. Seconded by Councilman Kuster. Roll call vote ~ Councilmen Clym~r aye; McEachern aye; Kuster aye; Bergman aye. Council request the newspapers notify the people that December 1st the dog ordinance will be enforced. Back Hoe - Councilman McEachern made a motion to buy a back hoe as per the following - Back Hoe $26,600 - less $3,000 for used machine - less trade inon present machine $5,000 - less rental paid in 1967 $3,750~, balance $14,850. $6,000 to be paid in monthly installment in 1968 and ~8,~850~ to be paid in 1969. Seconded by Councilman Kuster. Roll call vote - Councilmen Kuster aye; McEachern aye; Bergman aye; Clymer aye. Water Meters Councilman Kuster reported that not all water meters are bing read. Administrator Wurl to check out. Discussed airport and Park Meadows hauling water. Councilman McEachern made a motion to adjourn at 4:55 p.m., seconded by Councilman Clyde'. Ail in favor, meeting adjourned. Lorraine Graves, City Clerk