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HomeMy WebLinkAboutminutes.council.19711122 ~e~u~ r Meeting Aspen City Council November 22, 1971 Meeting was called to~ order by Mayor Eve Homeyer at 4:05 p.m. with Councilmen Scott Nys- trom, Ross Griffin, Ramona Markalunas, Francis Whitaker, City Attorney Albert Kern, City Manager Leon Wurl, ~inance Director Dennis Veeder and School Representative M argo Dick. Councilman Nystrom moved to approve the minutes as amended~ =prepared.and mailed by the ~ Minutes City Clerk. Seconded by Councilman Griffin..All in favor, with exception of Councilman Whitaker who abstained. Motion carried. Mayor Homeyer reported on Mondays of each regular Council meeting, the City Council will meet for lunch to review the agenda and anyone is invited but will not be allowed to speak'~' ,: Liquor License Renewals - Liquor License Renewals Guido's - Attorney Frank Delaney was present and stated the two problems of the sign and Guido's curb cut are both collateral items and should not be a concern of renewal of the liquor license, but will cover the sign and also agree to go along on the curb cut in order to meet the requirements of the City. ~ Councilman Comcowich arrived. Councilman Markalunas moved to approve renewal of Guido's liquor license.. Seconded by ~ Councilman Griffin. Ail in favor, motion carried. Magnifico's Magnifico "s - Mr. Miklich stated he has obtained a sign permit and the sign will be changeR. Seconded by Councilman Comcowich. Ail in favor, motion carried. Councilman Whit- aker moved to approve the renewal Cross Crossroads Drug - It was reported they have and are ih the process of conforming with Roads building violations. Councilman Griffin moved to approve renewal of Crossraods Drug liquor Drug license. Seconded by Councilman Nystrom. Ail in favor, motion carried, Louie's Spirit Louie's Spirit House - Attorney Kern reported the case as relates to the non-conforming House sign has been filed, renewal cannot be held up on this basis. Councilman Comcowich moved to approve the renewal for Louie's Spirit House. Seconded by Councilman Markalunas. Ail in favor, motion carried. Liquor License Mountain Chalet - Mayor Homeyer opened the public hearing. City Attorney Kern and City Cle~ Hearing Graves zeported the application is for a 3.2 beer license (on and off premise consumption) Mountain Chalet File is in order and includes all items required; survey map submitted; present 3.2 licenses include: Tom's Market (off premise ,consumption); Pinocchio~'s (on premise con- sumption); and City Market (off premise consumption),. Mr. Ralph Melville, owner of the Mountain Chalet, reported they had had a beer and wine license for 6 years, dropped it two years ago when an ice cream parlor was established in the restaurant. The restaurnat is now a fish and chips restaurmnt and feel the 3.2 beer would go along with this. Reataurant will be opened from about 4:00 p.m. to 10:00 p.m seating capacity is from 46 to 48. Councilman Jack Walls arrived. Councilman Comcowich stated he felt the needs have been met for off premise consumption, not necessarily for on premise consumption. Mr. Melville agreed to amend his application for on premise consumption only. Mayor Homeyer closed the public hearing. Councilman Comcowich moved to grant a 3.2 beer license for on, premise consumption to the .... Mountain Chalet for one year. Seconded by Councilman Nystrom. Danny's Danny's Incorporated - Mayor Homeyer opened the public hearing~ Attorney Leonard Oates Inc. was ~present and stated this is a new application for a beer, wine and spirituous liquor license, will be breaking away from the mother license under the name of the Circuit. It was reported the file is all in omder as submitted. Mr. Oates reported Danny's has been operating since 1969 as Danny's. The premises are p~esen~ly licenses under the Berkley Aspen Corporation that operate the Slope,, La ,Chemine and Danny's. Mr. Wardwell has been negoiating for a year to purchase Danny's. Mr. Wardwell has during this period, been managing Danny's. Asking for a separate license due to administrative, communication probems, etc. Proposed operation would be a night club with live entertainment and food service of a light nature. Council stated their concern that when a license is issued in an establishment that has more than one bar and then each bar breaking off from the mother license and gaining their own license. City Attorney Kern stated this comes down to the question of whether you are increasing the number of outlets and in this case the number of bars would net be increased. Attorney Oates reported before any liquor outlet can remodel a form 18E has to-be filed so that Council is aware if another bar is being installed. Mayor Homeyer closed the public hearing. Councilman Griffin moved to approve the beer, wine and spirituous liquor license for Danny Inc. Seconded by Councilman Comcowich. All in favor, motion carried. Councilman Whitaker stated he is doing some remodeling for Danny's and it was agreed there was no conflict. Gepetto's Gepetto's - Purchase and sale application of the beer, wine and spirituous liquor license h~ld by the Gondolier. Councilman C~mcowich stated he felt this was a new license since the present licens~ has not been active for at least 6 months. City Attorney Kern reported -, he had discussed this with the State Liquor Department and the present license is in effect until January 1, 1972. Just because an establishment is not open does not mean the license is gone. By law, unless a license is rescinded or revoked it is still in, effect. Attcrrney Leonard Oates stated he was representing the principals of this application, principals were not present. Mr. Richard Fitzgerald will be managing the business this winter. Regu£ar Meeting Mr. Oates request this application be tabled umtil the next meeting as he is not author- ized to answer for~the principals on the question of why the license was not active and the s~atus of the previous committments by the Gondolier.. Council Concurred with tabling of this matter. Councilman Griffin moved to approve renewals of tb~e following: Aspen Meadows, Elks Club', Liquor Magic Pan, Mother Lode, Buffet Room, Jake's, Copper Kettle, Aspen Alps Club, Red Onion, License Steak Pit, Chart House, Yvan Tache Golf Shop, ToroJs of Aspen,'~Crystal Palace, Eagl~es, Renewals Glory Hole Lodge, Golden Horn~ Hickory House, Old Dominion-Corporation, Andre'ts of~Aspen and Theodore's. Seconded by Councilman Walls. Ail in faxo~, motion carried. The Circuit - Mr. Bill Berkley was present and stated the building inspector's comments The Circuit have been taken care of; arr'ears~on'utilities believe-are for onl'y one'month; one of the -police incident reports listed was taken to court and'was determined to be unfounded; some of the bartenders play pool after hours and this is probably the reason for this, one police incident report. Council stated this 'is t~he worst application before'Council and feel the owners should be aware of it~., Mr. Berkley stated he would take the comments quite seriously. Councilman Griffin moved to approve renewal of the Circuit %iquor license. Seconded' by Councilman Comcowich. Ail in f~vor, motion carried. Hotel Jerome JoAnn Timba was present and stated a sign. p~ermit has been applied for and Hotel Jerome will be willing to cooperate on the other items listed. Discussed the liens listed on the credit report. City Attorney Kern stated the question is~whether the liens are valid in the first place. Councilman Walls moved to approve the renewal for the Hotel Jerome subject to clarificati~ on the liens by City Attorney Kern. Seconded by Councilman Nystrom. Ail in favor, motion carried. The Meeting Place - It was reported the Police Department did check, out the noise and it Meeting Place is below the level established by the City even with the door open. It is just that some people do not like the type of sound and therefore, find it offensive. The Building In- spector just inspected the premises on Friday, these items Will be taken care of as soon as an electrician can be obtained. Finance Director reported at the last billing they were in arrears $170.00 plus current billing. Councilman Comcowich moved to approve the renewal and send to the State only after the Building Inspector comments have been taken care of and utilities are current. Seconded by Councilman Whitaker. Ail in favor, motion carried. Aspen Inn Club - Mr. V,eeder reported they just paid $522.00 to bring their utilities up Aspen Inn to date. Mr. McDade informed the Council, the Aspen Inn Club does not pay the utilities. Discussed the noise complaints listed on the police report. These complaints have been checked and are below the 80 decibles established by the City. Mr. Glenn Paas was present and ~request Council not renew this application due to the noise. It was reported the State Statues now set the noise level at 50 or 55 depending upon whether it is pulsating or intermittent music. City Attorney to check into. Mr. Peas stated the noise is loud, offensive and the location is improper. Ask that the renewal not be approved because it is a nuisance. Mr. McDade stated that in 1965 or 1964 this was a rock and roll place and the windows were left open and the Mountai~ Chalet and Continental Inn were always calling about the noise, Since that time an exhaust system has been installed and the east wall has 8" of dead air space. This last season have had no complaints. Mr. Jerry Ramsey stated the noise has been a nuisance to him, have to move people around in his lodge due to the noise. Also problem with people parking in this parking. Mr. Melville stated it is not just the Aspen Inn but all those places that have night clubs, but this is expected in a tourist .community. Councilman Griffin moved to approve the renewal for the Aspen Inn Club. Seconded by Councilman Whitaker. All in favor, motion carried. Form 18E = Mr. McDade stated this was submitted so that room service could be provided and also an occasional drink served in the lobby. There will not be another bar in the lobby. Mr. McDade agreed to amend his statement to exclude the lobby. Councilman Comcowich moved to approve the expansion to room service only for the Aspen Inn Club. Seconded by Councilman Whitaker. Ail in favor, motion carried. 1237 ..... R~gular Meeting AspeD City Coqnci! NpMe~er 22~ 1971 Pinocchio's Pinocchio's - It was reported the problem with the second exit is being taken care of. Councilman Whitaker moved to approve the 3.2 beer renewal for Pinocchio's. Seconded by Councilman Comcowich. Ail in favor, motion carried. The Shaft - Owner stated the cord at the back of the building is used to heat UP his The Shaft jeep so it will be warm when he goes home early in the morning. Councilman Griffin moved to.approve the renewal. Seconded by Councilman Comcowich. Ail in favor, motion carried. Blue Moose Blue Moose - Mr. Gibbons stated arrangements had been made with Leslie in the Finance Department to have the utilities paid by December 1st. Councilman Griffin moved to approve the renewal conditioned on the fact that Mr. Veeder satisfies the C~y Clerk that the bills have been paid~ Seconded by Councilman Comcowich. Ail in favor, motion carried. Carl's Pharmacy - Mr. Kirkland, Assistant Sanitarian, reported he would not recommend renewal until compliance with health regulations had been met. Mr. Bergman stated he has ordered carpet for the food area and liquor department. Further stated he fel~ Mr. Kinkade, Sanitarian, is harrassing this business. The exit problem was taken care of this date. Broughton Electric will correct the electrical problem. Councilman Markalunas moved to approve the renewal subject to correction of problems but application not be held up. Seconded by Councilman Walls. Ail in favor, motion carried. Paragon Paragon - Councilman Comcowich moved to approve the renewal subject to getting the non- conforming exit~fixed. Seconded by Councilman Markalunas. Ail in favor, motion carried. Starboard Starboard Tack Councilman Griffin moved to approve the renewal. Seconded by Councilman Tack Comcowich. Ail in favor, motion carried. Councilmmn Whitaker moved to request the Building Inspector to see that the non-conforming sign at the Starboard Tack is removed immediately. Seconded by Councilman Markalunas. All in favor, motion carried. The The Lodge - Councilman~Comcow~h moved to approve the renewal subject to satisfaction Lodge on disposition of money.owed the City. Seconded by Councilman Walls. Ail in favor, motion carried. Aspen Block Aspen Block Request - Mr. Copeland reported the following have an existing condition Request 6ame or similar to this request: Jake's Alley, Elks Club Alley, Starboard Tack Alley~ Feel this as adequate reason to grant this request. Councilman Comcowich moved to approve the request as per the plans submitted. Seconded by Councilman Whitaker. Roll call vote - Councilmen Nystrom aye; Comcowich aye~ Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Brown Ice Brown Ice Palace Request - Mr. Luciani submitted plans-of the proposed and report of Palace Request services offered by the ice rink. Councilman Walls pointedout if this is a community thing perhaps the street should be closed. Councilmmn Comcowich pointed out if this facility is going to use City property, there should be a guarantee that the facility will be for public use for at least 2 hours every day. Mr. Luciani-to check this out with Mrs. Brown. ~/~ Lease of Old No. 1 Lift Building - Mr. Sherlock was present representing the Athletic Association and their request to utilize the building. They would be willing to maintain the public restrooms. The Association does not have funds at this time, do have six gra~tt~~ who will stand behind the Association. Councilman Griffin pointed out he did not feel the City should commit to a five year lease when the City does not know what they will be doing with the building. In general the Council was amiable to this use for the building. Mr. Wurl to submit to the Council at the next meeting proposed uses of the building by the City. ~p/~.. Happy Hearth Inn, League of Women Voters - Mrs. Bianca Hooker was present to ask the -~~~ following questions of the Leaque of Women Voters: ~ 1. - What was the original price paid for the Happy Hearth Inn and how much land was in- cluded? Answer: ~%~~~ 10.35 acres, total paid for land and improvements $600,000. 1238 Regu!a~ ~eeting Aspen City Counci! November ~2,_197! 2. - What is the selling price and how much land is included? Answer: $510,000 - 5 acres. 3. - What improvements has the City made to the Happy Hearth and what has the cost been? Answer: Sewer, water $17,691.19. 4. - When did t~e Council decide the Happy Hea~th Inn should be sold? Answer: Majority of Council felt it should be sold at the time of the purchase of the open space. In May the school approached the City about utilizing the building on a temporary basis for a school facility. So at that time discussions about selling were tabled. 5. - Was the property advertised? Where? When? Answer: Council decided not to pay a real estate fee so it was not put on the market except by the City.~Was not advertised since the off'rs coming in were from out of stage, felt there was sufficient advertising. 6. - What was the appraisal on the property? How many appraisals were made, who made them and when? Answer: Appraisal made by Justin Haynes for the City in November. Comments were solicited from Fitzgerald Real Estate and Mason and Morse Real Estate. 7. - Was there a recommendation fro~ the City/County Planner or from the Planning and Zoning Board as to what should be done with the property?Answer: Planning and Zoning did not review this, Mr. Bartel recommended the property be offered for sale. 8. - What zoning control will the City have over the land included in the sale? Answer: Complete control through a review process. Under the contract the lodge would be zoned AR-1 and the remaining land Park. Along with the AR-1 there are restrictions and covenants plus any additions would come under review by the City Council. 9. - Can the golf course be expanded to 18 holes if this land is sold? 4nswer: Maybe, but not because of the sale of this land but rather because of the houses now. built along Red Butte. 10. Does the City Council feel that the sale of this land is consistent with the often expressed philosopjy of the need for open space? Answer: Yes - the C~y wants to have open space, not,restaurants, bars and lodge. 11. Is there is legal financial reason why the Happy Hearth must be sold so quickly? Do not feel this a quick decisioq, City has owned the property for a year. Feel this land and lodge should be maintained and kept up, City cannot afford the $30,000 to $35,000 a year in interest to just_hold the property. 12. Has the City collected insufficient funds from the sales tax to meet its 9bligations Answer: Problem exists in that the City does not ~ollect the sales tax revenue for two months after it has been received by the State. 13. - What will be done with the money from the sale? Under the terms of the bond agree- ment, the City is required to build up a reserve account which is $50,000 a year for 6 years. When the sale takes place, $300,000 will go into the reserve account and the other $210,000 goes into the open space and capital improvements account. 14. - What will happen to the Happy Hearth if the voters turn down the sale: Answer: The premises will be leased under the proposed contract. To lease will cost the City for maintenance and repairs. Under the contract the parties will pay $20,000 for the ~irst year with an option to lease for 3 moreyears. If the election fails, they will be re- quired to put in improvements to meet the codes which will amount to $30,000 to $40,000, the City will advertise and try to sell it again. City Attorney Kern pointed out the lease would terminate if the City had another election and it passed. It was pointed out it would take between $24,000 to $30,000 to make the building operable at this time~ roofing, electrical, plumbing, heating, etc. 15. What study was taken as to proposed uses for the Happy Hearth? Answer: Previous Council and this Council felt that since the building was in such bad shape, that it should be sold. A study was not taken. The day ghe building was purchased everybody was coming to the City with a use for the premises for free. Councilman Comcowicb stated he felt there were better uses for the money than this building. Would like to see the money go towards something more demanding at this time such as the Opera House. If the City does not sell this, the City will not be able to do anything for at least 5 years because it will be such a burden to the City. No. 1 Lift City/County Planner, Herb Bartel, referred a letter from the Historical umber One Lift Society to place a commemorative plaque at the Old Number One Lift. Councilman Comcowich moved to approve the commemorative plaque f~r Lift Number One. Seconded by Councilman Walls. Ail in favor~ motion carried. Bus Stops - Mr. Barrel submitted the outline of the bus stops. Change from last year is Bus Stops a request to enter Main Street from Aspen and removal of parking from 8:00 a.m~ to 5:00 p.m. on Durant along Rubey Park. Councilman Comcowich moved to approve the bus stops as outlined with the elimination of 10 parallel parking spaces on Durant along Rubey Park. Seconded by Councilman Walls. Ail in favor, motion carried. Mayor's Deed - Deed to Magnifico's - Councilman Whi~aker moved to approve the Mayor's Mayor's Deed as submitted. Secomded by Councilman Markalunas. Roll call vote - Councilman Nystrom Deed aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer Magnifico aye. Motion carried. 1239 Aspen Cit_v_ Council ~9~e_~bgr_ g2~_: 1971 Towing Bids Towing Bids - Manager Wurl reported only one bid had been received~from Paul Thorpe. Question was raised as to whether the bid can be increased during the wage and price freeze. Councilman Comcowich moved that the City Manager negoiate the proposed bid taking cognizant of the wage and price freeze. Seconded by Councilman Griffin. All in favor, motion carried. Christmas Employee Christmas Party - Councilman Comcowich moved that appropriate plans be set up Party for this. Seconded by Councilman Walls. All in favor, with exception of Councilman Mark- alunas who abstained. Sleigh Rides Sleigh Rides - Proposal,was submitted tO Council. Councilman Griffin moved to approve the recommendation of the City Manager. Seconded by Councilman Markalunas. All in favor, motion carried. It was pointed out insurance obligations etc. as required should be met. Ordinance #31 Ordinance #31, Series of 197t - Mayor Homeyer opened the public hearing. There being no Recodification comments, Mayor Homeyer closed the public hearing. Councilman Comcowich moved to read by title only Ordinance #31, Series of 1971. Seconded by Councilman Walls. All in favor,~motion carried. ORDINANCE #31, SERIES OF 1971, AN ORDINANCE ADOPTING BY REFERENCE AND ENACTING A NEW MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO; INCLUDING ORDINANCES PREVIOUSLY ADOPTED BY THE CITY; ESTABLISHING THE CODE; LISTING BOILDERS AND PRESSURE VESSELS CODE OF DENVER, UNIFORM BUILDING CODE, VOLUME Iit, 1970 EDITION, STATE TECHNICAL PLUMBING CODE REGULATIONS WARM AIR HEATING, VENTILLATING AND AIR CONDITIONING CODE OF DENVER, THE MODEL TRAFFIC CODE OF COLORADO MUNICIPALITIES, ALL ADOPTED BY REFERENCE WITHIN THE CODE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN THISORDINANCE SHALL BECOME EFFECTIVE was read by title only by the City Clerk. Delinquent City Manager Wurl request authorization for the City Attorney to prepare a resolution to ~,, ASsessments certify the delinquent assessments to the County Treasurer. Councilman Walls moved to authorize City Attorney Kern to prepare the resolution. Seconded by Councilman Comcowich. Ail in favor, motion carried. Councilman Griffin moved to adopt on secnnd reading Ordinance #31, Series of 1971. Secondec by Councilman Walls. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried. Ordinance #32 Ordinance #32, Series of 1971 - Mayor Homeyer opened the public hearing, there being no Vacating Alley comments Mayor~Homeyer closed the public hearing. Block 37 Councilman Whitaker moved to read Ordinance #32, Series of 1971 on second reading.by title only. Seconded by Councilman Comcowich. Ail in favor, motion carried. ORDINANCE #32, SERIES OF 1971, AN ORDINANCE VACATING ~A~PORTION OF THE ALLEY IN BLOCK 37, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN, RESERVING EASEMENTS THEREIN, AND RESTRICTING CONSTRUCTION OF BUILDINGS THEREON was read by title only. Councilman Walls moved to adopt Ordinance #32, Series of 1971 on second reading. Seconded by Councilman Whitaker.. Roll call vote - Councilmen Nystrom aye; Comcowich nay; Griffin aye; Markalunas aye; Walls aye; Whitaker aye, Mayor Homeyer aye. Motion carried. Cemetery Lane Councilman Comcowich request the City Manager to check into the hazardous parking on ~emetery Lane next to the Cemetery. Streets Salt Councilman Comcowich request salt not be used on City streets this winter. Manager Wurl reported the only time it is used is in front of the Aspen Square and North of Netll Building 2 or 3 times a season in order to rid the streets of the ice build-up. Councilman Comcowich questioned the City's financial condition at the Bank of Aspen. Manager Wurl and Finance Director Veeder stated since the last notification from the Bank, everthing has been taken care of. Councilman Griffin moved to adjourn at 9:10 p.m., seconded by Councilman Walls. Ail in favor, motion carried, meeting adjourned. Lorraine Graves, City Clerk