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Home My WebLink Aboutminutes.council.19701109 1093 Regu~!ar Meeting ~ Appen Ci~% Council November 9:1970 Meeting was called to order by Mayor Eve Homeyer at 4:00 p.m. with Councilmen Edwin Vare, Ross Griffin, Fitzhugh Scott III, Jack Walls, City Attorney Albert Kern, City Manager Leon Wurl and Finance Director Dennis Veeder. Minutes Councilman Shott moved to approve the minutes of October 26th as prepared and mailed by the City Clerk Seconded by Councilman Griffin. Ail in favor, motion carried. · Accounts Payab] Councilman Scott questioned the amount for the audit and if sufficient money were budgeted to cove~ this amount. Manager Wurl reported $8,000 was budgeted, the remainder of $5,989.00 will have to be transferred from contingency by supplemental appropriation prior to the end of the year 1970. Councilman Scott moved to pay the accounts payable as submitted. Seconded by Councilman Vare. Roll call vote Councilmen Vare aye; Griffin aye; Scott aye; Walls aye; Mayor Homeyer aye. Motion carried. Gond61ier Mayor Homeyer informed the Council the missing questionnaire on the Gondolier application Questionnaire for liquor license was submitted and found to be satisfactory. Councilman Comcowich arrived. City Market City Market Schedule of Re-hearing - Councilman Griffin questioned if a re-hearing could 3.2 Application be scheduled based on the 3.2 Beer Code Section 75-1-5 (f) requiring a one year waiting period. City Attorney Kern reported he had contacted the State, and a rehearing is permissible on the same application. Code refers to new applications in the same location. Councilman Scott moved to schedule a rehearing on the City Market's application for December 14, 1970, 5:00 p.m. and the required posting and publication be so authorized. Seconded by Councilman Griffin. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Mayor Homeyer aye. Motion carried. Jake's Jake's, Transfer of Liquor License Attorney Ralph Ball was present representing the Liquor License applicant Robert K. Sproull. Mr. Ball gave background information on Mr. Sproull and further reported Mr. Sproull has two other restaurants - one in New ~ork City and one in Southampton. Mr. Sproull was present and stated the operation Would include a reasonably priced restaurant, primarily steaks, good atmosphere and good entertainment. City Attorney Kern reported all required foCms of the State and City have been submitted and are in order. Councilman Scott moved to approve the application for transfer of the existing license under the name of the Randy Tar to Jake's for beer, wine and spirituous liquor license. Seconded by Councilman Vare. Roll 6all vote - Councilmen Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Motion carried. Aspen Inn Club Aspen Inn Club - Attorney Leonard Oates was present representing the applicant. Mrs. Liquor License Elaine McDade, sole stockholder was also present along with Mr. and Mrs. Harry Stebner, officers of the corporation. Forms as required by the City and State were sumbitted. Attorney Kern questioned the lack of the base lease being submitted. Lea§e submitted is between the applicant and Mr. Cantrup who has a long term lease on the property. The lease between Mr. Cantrup and the owners of the premises, Aspen Penta Properties, has not been filed. Attorney Oates reported the applicant left to obtain this lease and will be in Council Chambers within a few minutes. Mr. Oates request Council approve the application subject to the City Attorney's approval of the lease arrangement per this application. Seconded by Councilman Scott. Roll call vote - Councilmen Scott aye; Walls aye; Comcowich aye; Griffin aye; Vare aye; Mayor Homeyer aye. Motion carried. Van's Liquor Van's Liquor - Councilman Scott moved to adjourn to executive session to finalize discussion on this application. Seconded by Councilman Walls. Ail in favor, Motion carried. Council adjourned to the City Manager's office. Council reconvened into regular session. Councilman Comcowich stated the Council has discussed and studied rather thoroughly this application. Councilman Comcowich moved that based on the evidence presented at the public hearing held October 14, 1970 at the City Hall, City of Aspen relating to the application by i094 Regular Meeting Aspen City Council November ~,.1970 Van's Liquor for a retail package store liquor license for the sale by the package only, the City Council finds that the needs of the cormnunity have been met and the license as applied for is hereby refused. Seconded by Co~ncilm~n Griffin. Roll call vote - Councilmen ~-~ Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; ~ayor Homeyer aye. Motion carried. Mr. Jay Payne, representing the Contractors Association was present to discuss with the Electric Council the installation of permanent electric meters during construction. Presently the Meters building inspector will not allow the permanent electric meter to be installed until a certificate of occupancy is issued. Construction during this time of year requires heat which in tnrn requires electricity. Councilman Walls pointed out the load on a temporary installation is dangerous. Manager Wurl pointed out to Council the reason for not installing the permanent meter during construction is an administration problem as the City iS seldom notified when construction is complete and billing should be transferred to the owner. Also cases where the contractor fails to obtain a certificate of occupancy. When the City finally becomes aware or is notified, there is a large bill which no one wants to pay. The City needs assurance that when construction is complete, the City will be notified to change the meters. Council instructed the City Attorney, City Manager and Finance Director to work on this problem. Mr. Ronald Kaufman request time on the next City Councll agenda to discuss with Council their procedures in handling the application of Van's Liquor. Time granted. Mayor's Deed Deed to Mr. and Mrs. McTarnaghan for Lots M and N, Block 59 was submitted Mayor's Deed and reported to be in order by the City Attorney and City Ehgineer. Block 59 Councilman Walls moved to authorize the Mayor and City Clerk to execute the Mayor's Deed as submitted. Seconded by Councilman Scott. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Y~ayor Ho~eyer aye. Motion carried. Liquor Renewals - Liquor Committee Chairman, Councilman Griffin, reported the committee Liquor is working on criteria also for renewals. Insufficient time this year to set up pro- Renewals cedures on renewals. ~ Manager Wurl reported there are no police incidents or health violations on any of the renewal applications submitted. Councilman Scott moved to approve the renewal for retail package liquor license to the Grog Shop Grog Shop. Seconded by Cou~cilmmn Vare. Roll call vote - Councilmen Walls aye; Scott aye; GriC~in aye; Comcowich aye, Vare aye; Mayor Homeyer aye. Councilman Walls moved to approve the 3.2 beer package store license for Tom's Market. Tom's Market Seconded by Councilman Griffin. Roll call vote - Councilmen Vare aye; Comcowicb aye; Griffin aye; Scott aye; Walls aye; Mayor Homeyer aye, Councilman Griffin moved to approve the packaged drug store liquor license for Crossroads Crossroads Drug. Seconded by Councilman Walls. Roll call vote Councilmen Comcowich aye; Walls aye; Drug Scott aye; Griffin aye; Vare aye; Mayor Homeyer aye. Councilman Walls m6~ed to approve the rehewal of the packaged drug store liquor license Aspen Drug for Aspen Drug. Seconded by Councilman Scott. Roll call vote - Councilmen Scott aye; Griffin aye; Walls aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Councilman Comcowich moved to approve the retail packaged liquor license for Louie's Spirit Louie's Spirit House. Seconded by Councilman Griffin. Roll call vote - Councilmen Scott aye; Griffin aye; House Walls aye; Comcowich aye; Vare aye; Mayor Homeyer aye. Councilman Comcowich moved to approve the beer, wine and spirituous renewal application Guido's for Guido's. Seconded by Councilman Griffin. Roll call vote ~ all in favor. Councilman Walls moved to approve the retail packaged st~re liquor license of Carl's Carl's Pharmacy Pharmacy. Seconded by Councilman Griffin. Councilman Scott questioned the legality of the upstairs operation at Carl!s. Attorney Kern reported the Council cannot consider zoning violations in considering renewals. Roll call vote ~ Mayor Homeyer aye; Councilmen Scott aye; Griffin aye; Walls aye; Comcowich aye; Vare aye. Councilman Griffin moved to approve the beer, wine and spirituous liquor license renewal Golden application for the Golden Horn. Seconded by Councilman Walls. Roll call vote - Councilmen Horn Walls aye; Scott aye; Griffin aye; Comcowich aye; Vare aye; Mayor Homeyer aye. ...... Re~ular Meeting Aspen City COuncil No~e~¢~ Toro's Councilman Griffin moved to approve the beer, wine and spirituous liquor license renewal of Toro's of Aspen. Seconded by Councilman Walls. Roll call Vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Mayor Homeyer aye. Councilman Comcowich stated now that the election is over, there seems to exist a polarization in the community and the~ Council. Feel this is not good,, that no one will get anywhere if people, lend credence to this polarization. There are many things that~ all agree on and also disagree on many things. Let's set differences aside and get down to work. Councilman Vare agreed and shook hands with Councilman Comcowich. Board of Board of Adjustment - Board submitted memorandum Outlining the Board's feelin§s as relates Adjustment to the composition of the Board. Board proposes a 5 member board and a first and second alternate; quorum of 5 members; 4 affirmative votes to grant a variance; and 3 affirmative votes for all other decisions. City Attorney Kern reported he was concerned about limiting voting power. Also there could be a political problem with alternates: Mrs.~ Eleanor Hubbard, Chairman of the Board, was present to discuss with Council the memo. Feeling was expressed there should be almost unamious vote to grant a variance in order that the codes of the City are not weakened. Council agreed to discuss this at the study session on November 16th. Towing Bids Towing Bid - M~nager Wurl eXplained only one bid was received which is considerable Thorpe Towing higher than last year's bid. Request authorization to negoiate the bid. Service Councilman Griffin moved to authorize Manager Wurl to negoiate the bid received for towing from Thorpe Towing Service . Seconded by Councilman Scott. Roll call vote - Councilmen Vare aye; ComCowich aye; Griffin aye; Scott aye; Walls aye; Mayor Homeyer aye. Motion carried. Public Rest- Public Restrooms - Manager Wurl reported the engineering deparment will have ready to Rooms submit by the next meeting a plan and estimate of cost of constructing same on the north side of the City Hall. Highway Highway Requests - Planner, Herb Barrel reviewed with the Council the highway.requests Requests which were discussed at the joint meeting of the City Council and County Commissioners on November 5th. Councilman Walls moved to approve the highway requests as submitted and same be referred to the County Commissioners for their submission to the State Highway Commission. Seconded by Councilman Scott. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Mayor Homeyer A~e. Sidewalks Sidewalks - Manager wurl reported the cost'Would be in the region of $700 for the City to Plowing plow the sidewalks in the commercial zone. Councilman Scott moved to authorize final approval to the City Manager's plan for plowing the sidewalks and approve the cost of same. Seconded by CoUnczlman Walls. Roll call vote - Councilmen Comcowich aye; Vare aye; Griffin aye; Walls aye; Scott aye; Mayor Homeyer aye. Parking Parking Locations - Manager Wurl submitted a map showing the areas and reported the owners Locations of these areas have been contacted. Received answers from four owaer~ ~f the following locations: portion of Block 98, 95 99 and 104. Council determined the locations in Blocks 98 and 104 were too removed from the source of the parking problem. Bass Park Bass Park - Councilman Comcowich moved to authorize the Mayor and City Clerk to execute the lease as submitted. Seconded by CouncilmAn Scott. Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Mayor Homeyer aye. City Attorney Kern suggest a letter be sent along with the lease for signatures outlining the reasons the CitY did not accept the alternate propoSal. Ambulances Ambulance Report - Manager Wurl reported ambulances do not come under the jurisdiction of the Public Utilities Commission. Downtown Formal Resolution and agreement reqUired bY the State for the traffic study of the down Traffic Study toWn area was submitted by the City Manager. Councilman Walls moved to approve the resolution and authorize the Mayor, Manager and Clerk to sign the agreement. Seconded by Councilman Comcowich. Roll call vote - Councilmen Walls aye; Scott aye; Griffin aye; ComCowich aye; Vare aye; Mayor Homeyer aye. 1096 Two hour Parking - Manager Wurl reported the Grand Junction ordinance calls for a $1.00 Two hour per vehicle, per day fOr permit with such, permit eslgnatlng the parking space and work Parking area. Councilman Scott moved to authorize the program for special permits to franchise people on the two-hour parking. Seconded by Councilman. Griffin. Roll call vote- Councilmen Vare ayel Comcowich aye; Griffin aye; SCott aye; Walls aye; Mayor Homeyer aye. Dog Report - Manager Wurl reported a part time dog catcher has been hired to work Dog Control staggered hours. Councilman Scott reported people are concerned with the sudden enforcemen! of the leash law. It was reported an article appeared in laSt weeks paper. Street Cuts - Manager Wurl reported Metro sanitation District has cooperated and street Street Cuts cuts are all now in different stages of repair~ Business Licensing - Attorney Kern reported he would have an ordinance ready by the next Business meeting. Basing ordinance on a regulatory basis. ? Licensing A petition was submitted by the property owners' in Red Butte Subdivision requesting the Canyon Cable City's assistance with Canyon Cable TV and their franchise as relates to serving this TV area. Council agreed to discuss this at the next regular meeting and invite the Canyon Cable TV people. Election Commission - Mr. Curt Baar was present and questioned when Council would be Election appointing the election commission. Councilman Comcowich and City Attorney Kern to work Commission on this. Councilman Griffin suggest the City use the street sweeper in the alleys. Councilmmn Scott submitted an article relating to and entitled ~'Local Laws Hit Detergent Pollution Phosphates as Polluters; Soapmaker Cuts Content". Councilman Scott reported he is working with Sanitarian Kinkade in obtaining additional information. It was further pointed out Mr. Kinkade is working on a county-wide water pollution law. Mayor Homeyer reported since the City was able to return all the donated money for Rubey Local Nature Park, Mr. Pabst has suggested and agreed if the City is able to obtain $40,000 to $50,000 Conservancy to be used as a revolving nature conservancy fund, hewill-leave the money donated to Fund Rubey Park in this fund. Councilman Griffin moved to adjourn at 6:10 p.m., seconded by Councilman Walls. Ail in favor, meeting adjourned. ~--L~d~raine Graves, City Clerk