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HomeMy WebLinkAboutminutes.council.19711213Regular Meetin~ Aspen City Council December 13~ 1971 . Meeting was called to order by Mayor Eve Homeye~ at 4:00 p.m. with Councilmen~Scott Nys- trom, Ross Griffin, Ramona Markalunas, Jack Walls, Francis Whitaker, City Attorney Kern, City Manager Leon Wurl and School Representative Margo Dick. Councilman Griffin moved to approv~ the minutes of November 22, 30th~.December 6th and 9th as prepared and mailed by the City Clerk. Seconded by Councilman Nystrom. All in favor, motion carried. Harley Baldwin, Beer and Wine License~Application - Mayor Homeyer opened the public hear- Harley Baldwin ing and stated this is an application by Mr. Harley Baldwin for a beer and wine license Beer and Wine to be located in the Brand Building, 203 South Galena. License Appli- cation City Clerk reported the file is in order and meets ~all requirements as to form, building plans are on file in the office of t~e Building Inspector, premises were posted on Nov- ember 26th and premises arc. not within 500 feet of a school. Councilman William Comcowich arrived. Mr. Harley Baldwin reviewed with Council his floor plans and submitted same. First floor would be a mall with shops, second floor will include an art gallery, art studio, arch- itectural office and other offices. Made application because felt it was needed for the over all concept of the building. The premises for the license is about 450 square feet and meets all the restaurant and sanitation requirements for a restaurant..The restaurant will be ~small and oriented towards cnnversation around small tables. You will be able to buy a drink or you can bring your own bottle and they will fill it from the wine barrels. In talking to different people the objections seem to be: (f) Number of existing outlets. This will be a wine c~llar and would not ever want to put in a three way license, and willing to put this in writing. This will be complet.ely different from what exists and an asset ,to the town. (2)Solvency of the applicant. Have been~in Aspen for three years and have several business that are thriving. Will be here to pay the bills. City Clerk reported there eXists 3 beer and wine licenses, one presently not in use, and · 32 full liquor licenses.~ Survey map submitted. Council request the applicant relate to the needs of the neighborhood. Mr. Baldwin stated he felt some differentation should be made between beer and wine licenses and full liquor licenses. This will be a different type of outlet, will not be selling beer, win.e only. There presently is nothing like this that exists. Will be complying with the state re- quirement as relates to serving meals which will be done electronically. Councilman Whi~aker pointed out that sometime or another the City ~oun~il has to decide whether the needs have been met, the burden of proof that' they have not been met rests with the applicant. There being no further comments, Mayor Homeyer closed the public hearing. Mayor Homeyer pointed out to Council it is not essential for Council to make a decision this date, Council has up to 30 days. Councilman Comcowich stated that he felt the needs have been met, therefore moves that based on the evidence presented at ~his public hearing held December 13th relating to the application by Mr. Harley BaldwiB for a beer and wine license, the City Council finds that the needs of the community have been met and the license_as appliced for is hereby refused. Seconded by Councilman Whitaker. Roll call vote - Councilmen Nystrom aye; Com- cowich aye; Griffin nay; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer ~ye. Motion carried. Peddler's Peddler's of America, Inc. - Mayor Homeyer opened the public hearing by saying this is an Restuarant application for a beer, wine and spirituous liquor license, applicant, Peddler's Rest Full Liquor l~cated at 508 East Cooper Avenue. License Application Attorney John Wendt pointed out the relationship of the lessor and leasee. The Cooper Building was a-joint venture of Aspen Construction and Mr. John Cheek. Mr. Cheek was the previous leasee and he assigned his leasehold to Peddler's of America, Inc. in stock. City Clerk reported the premises are not within 500 feet of a school, file is complete as to state and city requirements as to form, applicant has not filed within the last two years, credit ~hecks and department reports are in the file. Councilman Whitaker stated he has in the past worked for all the principals in this app- lication, no personal or financial involvment at this time. Attorney John Wendt representing the applicant, stated h~ had discussed with his c~lient waiting for one year after opening the restaurant before applying for a license in order to prove to the City the operation as a fine operation, thus the reason for applying now. One of the problems in Aspen that has existed for a long time ~s a track record of rest- aurants, which have a high fatality, Prior there was an agreement with Mr. John Taft and he did take off in the middle of the night, but the only person hurt by that was Mr. John Cheek. During the past year the Peddler's Restaurant has spent a great deal of time in finding out what kind of restaurant that was needed. It was felt a fine restaurant was needed, as there are about only 5 in town. Mr. Wendt gave the background of the new manage To be a fine restaurant you need to have a beer, wine and spirituous liquor license to meet the needs of the clientele of a fine restaurant. The question before Council and what Councils have bDen wrestling with since 1953 is the needs of the neighborhood. The before Council and what councils have been wrestling with since 1953 is the needs of the neighborhbod. The question still remmins because if locations that have existing licenses are going to be the criteria, so that you can transfer but not start a new license will cause inflation and hope that will not happen. Do not know how you determine the n~eds of the neighborhood. Do not think the State has even determined that or set down any guide- lines. At one time it was tried to tie the number of licenses to the number of beds times the number of people at the heighth of the season, and that did not work. If the City has 32 licenses someone will have to go broke before you can get a license. Part of the cri- teria is how much trouble is caused by reason of granting the license and have no on that. Believe the Council has to look at what the applicant provides the community, and the quality tNat the applicant provides with respect to stability. Mr. Cheek has been in Aspen a long time and has given to the community and feel he has demonstrated~his stability. By waiting a year to apply shows that the applicants want to prove themselves to the community. There being no further comments, Mayor Homeyer closed the public hearing. ~m~i~ma~x~ixak~xxm~x~xxmxx~xxh~mxa~i~xim~x~xi~xx~xm~xxx~axxm~xim~xx~x mm~m~xxh~x~m~mamxM~h~xak~xx~ Council and Attorney Wendt discussed the state law as relates to needs o~ the.neighborhood Councilman Comcowich pointed out the law is so poor and the lack of guidelines which leaves each application before Council a matter of judgement. Mr. Wendt pointed out there are two sets of needs in this community, the seasonal needs and the resident needs. The Peddler's Restaurant is opened all year round. Councilman Whitaker~pointed out that one of the criteria that could be used is if there is a waiting line of say from 15 to 20 minutes in order to get a drink at ~xist,ing out- lets. Other criteria that might be us.ed.i~S does it cause,cbngestion .in traffic, no.is,e at night' and the number of' turnovers in-licenses. Mr. Wendt stated it is hard to get into the fine restaurants and those that stay open 12 months of the year. Margo Dick questioned that if the Council feels the needs have been met .at this time, that blocks off any new licenses coming in automatically. City Attorney Kern started the Council can Consider. the type of r~estaurant and its un- usualness. Councilman Comcowich stated that over the last year business, in the down ,towm has been down and when bus:imess, agai~ shows an :in'ereas~ then feel- Counc~£i- should consider additiona licenses. Over the last~ year a need has not been created. Attorney Wendt stated Council will run up the prices of restaurants that have an existing licenses. Liquor licenses in New Y~rk are Worth $25,000 ~nd we have a downtown core which we would like to keep .... There being no further comments, Mayor Homeyer hlosed the public-hearing.- .... Councilman Whitaker moved to table this application until the next, regular meeting. Seconded by Councilman Nystrom. Roll call vote - Councilmen Whitaker aye; Walls nay~ Markalunas aye;~Griffin aye; Comcowich nay; Nystrom aye; Mayor Homeyer aye. Motion carried Ptarmigan Lodge trans'fer tabled. Accounts Payable - Councilman Griffin moved to approve the accounts payable. Seconded by Accounts Payable Councilman Whitaker. Roll .ca~l vo~e -. Councilmen Nyst~om ayes; Comcow~c'h aye.; Griffi~ aye; Markalunas aye; Walls aye; Whitaker aye;. Mayor Homeyer aye. Motion carried. No. One Lift Building - Memorandum from Mr. Steve Sheriock and Council'man Whitake= was Number One presented to Council on structural changes necessary for t:he ,building. ~thletic Club. Lift Representative, Mr. Sherlock, stated the building would be used year round, and the Building restrooms would he cleaned daily. Councilman Griffin moved to. table this' request until the. meeting of December 27th a~s per the City Manager's request. Seconded by Councilman Walls. City Manager Wurl stated one use the City might need of t~e building is a place for stor- age of parks and recreation equipment and supplies. Mr. Sherlock relayed to Council the importance ?f Council's decision in the near future due to international cross Country tea~s tentatzvely to c~e to ~spen. Mr. Sherlock stated the Athletic Club would work with the City on storage space and would pay for all improvements to the building. Roll call vote - Councilmen Nystrom nay; Comcowich nay; Griffin aye; Markalun-as nay; Walls aye; Whitaker nay;:~ayor Homey'er aye.-Motion not harried. Councilman Comcowich moved that the City Attorney be instructed to prepare the approp- riate papers with th~ ~thletic Club based on the previous presenta-tion made. Seconded by Councilman Whitaker. City Attorney, Mr. Sherlock and City Manager Wurl to work out the details of the lease for Council consideration. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Zoline Annexation Zoline Annexation Councilman Jack Walls left Council Chambers. Berkley Aspen Corporation, Remodeling Form 18E - Councilman Griffin moved to approve. Berkley Asper Seconded by Councilman Whitaker. Ail in favor, motion carried. Corp. Zoline Annexation - Manager Wurl informed Council the major change since the last sub- Zoline mission is the eastern boundary line on the north portion of property has been amended,so Annexation that it now follows a fence line on top of the bank. Zoline Councilman Nystrom moved to read Resolution #24, Series of 1971. Lack of second to the Annexation motion. Mayor Homeyer stated she felt this lack of action by Council is ext~'emely'unfortunate sinc~ Mr. Zoline has bent over backwards to work with the City on what the City has requested. Mr. Zoline has promised to let the wate~ stay with the land which was 'the latest request of the City. Something will be done with this land and the City will never get a better offer. Councilman Comcowich stated he did not second the motion due to the discussion of the other day and felt the joint meeting With the~County should'be held first. Mr. Zoline stated he would like to acquaint the City Council with the long delay 'in trying to do something width that property which he legally has a right to do from every stand- point. There have been objections raised by a few people, people whe have a personal animosity.~ Mr. Zoline stated he felt he has been labored beyond,the point of patience and fairness. Background was outlined by Mr.-Zoline as fol'Iows: A petition wa~ ~Ubmitted before the County Planning and Zoning Commission 18 months ago; based that petition on the filing of a petition by one of his neighbors who had an AR-1 classification and was petitioning to change that from AR-1 to AR-2, So at that time filed a petition for AR-2 also. At a very early meeting with the Planner it was stated that opposition would come from the Planning and Zoning on thi~ classification and the application should be changed to residential. Proceeded by filing a second petition with the County to a' PUD, R-15. The basis for'this was that the property is contiguous to the golf course and the uses surrounding the golf course is R-15 and it seemed that R-15 would be appropriate. Property is surrounded by AR-1 and A'R-2 Uses.' In view of that felt R-15 was in order~ County Planning and'Zoning considered it and without telling Mr. Zoline why, turned down the petition. Indications were that the problem was With density. About that time the City concluded 'their~purchase of the golf course property so discussed with ~he City administration the'City acquiring his open space as a part of the open space of the golf course. Had formal and informal meetings with the City Planning ardZoning. They fiCst questioned'what would*be done with the north portion and Mr. Zoline informed them nothing would bedone, so they wanted it included. Latter they came to,the conclusion that ~the~north~por.tion should not be included but left in ~F zoning class.ification. Since there was no intent to do:anythi~g with the north portion had no objection to excluding it. Reduced the density from R-15 to R-30 which is the density specified in the Master Plan. tated~Xhe roceeded~With p~etiminary plans', hired plannecs,for the area and Mr. Zoline s p based the plan in accordance with the, Aspen Master Plan with cluster housing and,open space.- There is greater percent&ge of open, space than any other~residential, devel6pment in the area,. The open, space'wilt keep~it green on the north sideof CheThighway and will be a credit to att that witl be associa~ted with ~the,development. Mr. Zoline further stated that if this is the end of the road for this plan which he felt 't he was doing something for the communz y, he cannot concezve, of a...better use for. that land than~what has been proposed~.~Will not again present t~ms-pet~t~on to Counemt. City Attorney Kern stated the Mayor can second the motion. Motion seconded by Mayor Homeyer. Councilman Comcowich scared this property would set m precendent as to how, development will happen down the valley. Mr. Zoline stated the City ~nd County, has'pa~ for a ma~er ptan-,wh~c~ the, pla~. ha~ in mind the development that would take place and also now exists and this land was determine, by him as urban residential. That-would be~more dense,than the R-~30.- Th,e~e ,are no farm uses in the valley un~il you get down by Glenwopd Springs~ .Th~,.City. ha~on!~?1. °flia part of urban Aspen and develo~men6 s~ouid' no6 be f0~eed down the valley. Wzth AF~Z zonzng people will be pushed further down the'valley due to costs Of s~rVides to the proper~y and price of land will be that much.higher and the middle income people will not be able to live in the proximity'of Aspen.' Also if.-the City decides to increase ~he golf course, they have that chance~Wi-thout costing the City anything for 20 years. ~ Roll call vote - Councilmen Nystrom aye; Comcowich nay; Griffin n~y; Markalunas nay; Whitaker nay; Mayor Homeyer aye. Motion not carried. Councilman Comcowich left Council Chambers~ Land Mayor Homeyer r,epcrted-to Council an offer has been made of t~nd by ,the Leonard Thomas Leonard estate near the City filter plant. Manager Wurl reported the City has not received an ~-- Thomas indication as to price. Further outlined on a map the area needed by the City for addition Estate to the water system and to square off the propecty at ~he filter plant. Councilman Ja. ck Walls ret.urned to Council Chambers. Council instructed Manager Wurl to notify the estate of the City's minimum requirements in this area for land. Councilman Comcowich returned to Council Chambers° Councilman Markalunas moved to further investigate this offer. Seconded by Councilman Whitaker. All.in favor, motion carried. Semi Annual Zoning Hearings - Planner Barrel reported on the 16th of November the Ptannin Semi-Annual and Zoning Commission made a request that Council consider holding semi annual zoning Zoning hearings for the following reasons: (1) Would permit Commission to take a look at all Hearings zoning requests jointly with the County Planning and Zoning Commission. (2) Requests would be coordinated. County has established February and September. This would also permit the public to follow ~zoning more closely. Annexations would be excluded. Councilman Griffin moved to authorize the City Attorney to draft the necessary resolution for Council consideration. Second.ed by Councilmmn Whitaker. All in favor, motion carried Council request the 'City Attorney draft an ordinance calling ~for staggered terms for- the Board of Board of Adjustment. Adjustment Councilman Comcowich moved that Lavagnino and Dukes terms be four years.- Seconded by Councilman Walls. AI~t in favor, motion carried. Towing Bids - Manager Wurl report.ed the towing, bids are not affect~ed by the wage and Towing Bids price' freeze and Mr. Thorpe states he cannot lower his price and still make it. It was pQinted out Council had already agreed to the bid of Paul Thorpe. Council request Manager Wurl 'check on the City raising their fine/ Councilman Comcowich reneived permission and left the meeting. Ordinance ~33, Series of 1971 Councilman Walls moved to read Ordinance ~33, Series of Ordinance f/33 1971 in full on first reading. Seconded by Councilma~n Griffin. Ail in 'favor, motion Model Traffic._ carried. Code ORDINANCE f~33, SERIES OF 1971, AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE CITY OF ASPEN, COLORADO FOR THE PURPOSE OF PROVIDING A SYSTEM OF TRAFFIC REGULATIONS CONSISTENT WITH STATE LAW AND GENERALLY CONFORMING TO SIMILAR REGULATIONS THROUGHOUT THE STATE AND THE NATION; ADOPTING ~BY ~REFERENCE THE 1971 EDITION OF THE -'~DDEL TRAFFIC CODE FOR C~OLO- RADO MUNICIPALITIW~S; "TOGETHER-WITH AMENDMENTS THERETO; REPEALING ALL ORDINAN~CES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF was read in full by the City Clerk. Councilman Walls moved to adopt Ordinance f~33, Series of 19.Y1 on firs-t reading. Second'ed by Coun.cilman Whitaker.~ Roll ~call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin aye; Nystrom aye; Mayor Homeyer aye. Motio~ carried. Councilman Whitaker received permission and left the meeting. Ordinance f~34, Series of 1971 - Councilman Nystrom move~ to read Ordinance f~34, Series of Ordinance fA34 1971 by title only on first, reading. Seconded by Councilman Walls Ail ~in favor motion Water Rates carried. ' ' Ordinance ¢;34, Series. of 1971, AN-ORDINANCE AMENDING SECION 6., CHAPTER 3 OF TITLE III. OF THE MUNICIPAL CODE OF THE CITY OF ASPEN ENTITLED "RATES AND CHARGES", REVISING WATER RATES INSIDE AND OUTS~IDE THE C~TY; REQUIRING RESIDENTIAL FLAT RATE SERVICE FEES ON SINGLE AND TWO FAMILY DWELLINGS, AND AMENDING SUBSECTION (A) OF SECTION 7, CHAPTER 3 OF TITLE III OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, ELIMINATING METERS FOR SINGLE AND TWO FAMILY DWELLINGS FROM THE DATE OF THIS ORDINANCE', AND AMENDING SUBSECTION (B) OF SECTION 9, CHAPTER 3. OF TITLE III OF THE MUNICIPAL CODE OF THE CITY OF ASPEN INCREASING WATER TAP CHARGES was read by title only by the City Clerk. Councilman Nystrom moved to adopt Or4inance ~A34, Series Qf 1971 on first reading. Seconde~ by Councilman Walls. Roll call vote - Councilmen Griffin aye; Markalunas aye; Walls aye; Nystrom aye; Mayor Homeyer ave.. Motion carrie~. Councilmen Markalunas and Nystrom stated they would be out of town for the m~t regular meet ing. Councilman Nystrom moved to adjourn at 6:35 p.m., seconded by Councilman Walls Ail in favor, meeting adjourned. .............. Lorraine Graves, City Clerk