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HomeMy WebLinkAboutminutes.council.197202141280 ~gular Meeting AsP~n. qity~u~ci~ ........ February 14, 1972 Meeting was called to order by Mayor Eve Homeyer at 4:05 p.m. with Councilmen Ross Griffin, Ramona Markalunas, Jack Walls, Francis Whitaker, City Attorney Albert Kern, City Manager Leon Wurl and Student Respresentative Margo Dick. Councilman Walls moved to approve the minutes of January 12th, 20th and 24th as prepared Minutes and mailed by the City Clerk, Seconded by'Councilman Whitaker. Ail in. favor, motion carried. Councilman Walls moved to'approve the accounts payable as presented, seconded by Council- Accounts man Markalunas. Roll call vote- Councilmen Griffin aye; Markalunas aye; Walls aye; Payable Whitaker aye; Mayor*Homeyer aye. Motion carried. Ptarmigan Lodge - Mr. Richard Lee and Peter Guy representing the school district were Ptarmigan present~ and upon request of Mayo~ Homeyer to discuss possible~use of the premises known Lounge as Ptarmigan Lounge. Mr. Lee stated the School Board discussed and as a long range plan a possibility might be a needed elementary school site. Some interest was shown by.the School Board of down the road 5 or 10 years of buying the property, it is an ideal location but would not want to commit to anything at this time. As a short range poss- ibility cooperation with other elements in the community as far as community uses along the lines of cultural, recreational and educational center. Feel.a study should be made by the planning office of uses of pu61ic buildings. School would be~willing to cooperate in this study. Councilman Scott Nystrom arrived. Mr. Lee further stated that it is not far down the road when the School District will be utilizing the schools year round, thus leaving no time for community use. A limited study was made by the school of the Ptarmigan Lounge and it was found the conversion could be made but would be costly and when finished would not be the best design. Would be more interested in purchasing the land than the building as a school site. Lea§ue of Women Voters - Mayor Homeyer declared February 17th as League of Women's League of VOters Day. Women Voters Mayor Homeyer reported the Keep Colorado Beautiful, Inc. will be hiding $100.00 bills around the state on April 29th which will go to those persons finding the $100.00 while picking up trash,' Mayor Homeyer read letter from GoverDor Love acknowledging the City's resolution relatin to the Olympics. Councilman William Comcowich arrived. Harley Baldwin, Beer and Wine License - Mr. Baldwin was present and stated he did not Harley Baldwin ~eel he had given a full explanation at the orginal hearing and further, since that' Beer and Wine time, the. building has shaped up so people dan see what is happening with the building. Also, the City has met with the State people since the hearing. The State people informe the Council that a beer and wine license and a three way license are not the same thing and should be considered separate~ At the hearing the Council considered beer and wine licenses as well as 3 way licenses. Request at this time the City CouAcil reconsider the application. Petition was submitted bearing 187 signatures. There were no protests filed at the hearing and feel that everything in the building is being done to the best of his ability. For free, feel the space provided for art studio is a service to the community. · Councilman Griffin moVed to re-open the hearing and reconsider previous motion of Council Seconded by Councilman Markalunas. Ail in favor, motion carried. Mayor Homeyer re-opened the public hearing. Mr. Baldwin stated the rumor.was that the building was c~ndemned. The building has never been condemned nor is.it~now. Structural, electrical and roofing problems have been taken care of. Councilman Comcowich stated he felt an operation should be operating for some period of time 5efore a license is issued, have heard promises before from applicants which were not adhered to. Councilman Comcowich moved that in ligh~ 'of the f~ut that the City Council was in error in refusing a license to Harley Baldwin the 'firSt time around and since a proper re- opened public hearing has been held move tO~rant Harley Baldwin a beer and wine license for said premises. Seconded by Councilman"Markalu~as. Roll call vote - Councilmen Nystgom aye; ComcoWich aye; Griffin aye; Markatunas aye; Walls aye; Whitaker aye; Mayor.~Homeyer aye. Motion carried.~ Michael's Inc., Application for Beer, Wine and Spirituous Liquor'License - Mayor Homeyer opened the public hearing. Survey map of existing outlets was submitted. Forms required by Qity and State were submitted to Council. No application made for ~he same premises _within ~ihe last two years and premises not located within 500 feet of a §chool. 1281 Regular Meeting Aspen City Council February 14, 1972 Michael's Inc. Applicant has right to possession ~f the premises. Presently existing 34 beer, wine an~ Ii Beer, Wine spirituous liquor licenses. Neighborhood is outlined as the City limits of Aspen. Premzses I1 Liquor were posted on December 23, 1971. License Attorneys Art Daty and Jim Moran of Holland & Hart were present representing the applicant Pemises applying located on the corner of Hymmn an,d Galena in the old Cowenhoven Building. Mr. Daley stated he would like to establish three things: (1) The restaurant being created will be one of the finest in the City and witl be of the highes$ quality. (2) The inhabitm desire this outlet as sho.w~. -by the ~etition submitted. (3) Existing outlets are ~ot meeting the needs. The needs of thxs communzty are not typical of a normal community. Thxs communit must meet and satisfy the needs of the tourists and of the local people. To meet the n~eds of the tourists, we must have restaurants that are of high quality, unique and a variety. Competition helps to maintain qual%ty. Restaurant will be called the Ute City Banque and will maintain the historical aspects of the building. The space is under lease to Jerry and Day,id Michael. Both have lived in Aspen a long time and are of fine character. Rest- aurant will be opened 12 months of the year and one of the owners will be on the premises at all times. Mr. Jerry Michaels outlined the interior design of the restaurant and stated the two vaults have been removed as they were not a part o4 the original building and to make room for the kitchen. Floor plan was submitted. Restaurant will not. have a night club atmosphere but will be warm, light and airy. Will be able to seat 65 for dining and will be open for lunch as well as dinner. Mr. Irv Harland will be in charge of the kitchen, menu will be flexible and well rounded. Cocktails before dinner are necessary with a high quality res- taurant. Uppn question by Mr. Daly, Mr. Michaels stated he had personally talked to every- one who had signed the petition and the names a~e of people who liv~, work or own businesse in the downtown area. Attorney Daley stated the guidelines of reaspnalbe desires of the neighborhood are nebulous especially in Aspen. Question if there is any good reason for regulating the number of licenses.. In 1935 there was anti,,saloon~,thing~ that's no, longer the issue,, we do notwhave a ~probl~m. with:,drun~eness,, not trying to protect present holders because the law is not designed that way, other businesses are not regulated. The law of supply and demand will regulate. Economic competition wil~! benefi~ Aspen~ Apoliey~of.restricting .%icenses will help benefit Aspen.-A policy of restricting licenses will help tow quality operations to, continue. Petition bearing 325 signatures was submitted which shows the desires and need of the neighborhood or inhabitants. Convenience is a factor and this restaurant will be open the year,round. The meighborhood should include Starwood, ,Mountain Valley, Highlands, etc. because downtown Aspen is where these people come to obtain service~ The following show a need: (1) Petition; (2) Growth of community and the demands placed on the City by this growth. Statistics indicate that 1969 the retail sales, students in school, electric energy, etc. have increased by 10% on an, average~ We must consider in addition the needs of the visitor population. The number of outlets have not increased to meet the need, the three way licenses have only increased .8% or. 4%~a ~year. Restaurants a~e second in assests for this town. Npt just the food and atmosphere but the variety and accessibility. Mr. Jerry Hewey testified that the people who come here andthe quality of the people who visit demand good food and a,quality~ restaurant needs.alcohot~ Most people who visit also requept reservations be made for them at certain restaurants. At certain~times it is hard to meet their wishe~ of choice because,the places are full. There is a need for another high quality restaurant. Feel the applicants have the,integrity and. financial outlay to ~ make this a fine restaurant. Mr. Bob Craig testified, that it is difficult at times to,get service at some restaurants in town. Feel this town has come a long way in terms of professionalism, and quality and fee~ this ~s what the town is striving for. Most important is the contribution, thi. s res- taurant will make to the community, because there is a real need for high quality restau- rants. Attorney Joseph Edwards representing a.~number.of .bar owners stated they are opposing the; issuance of this license. Stated Mr. Daly's remarks relating to the antiquated laws should be m~de to, the legislature-and not theCity Council~,Council~onty follows:the law~ that exist~ Pointed~out that the code was:established so that there would be limitations~and not licenses issued to whoever desired one~ That limitation is,reasonalbe requirements of the m'eighborhood. The burden is on the applicant to show that the present outlets are not adequate. Different~cases were~ited byMr. Edwards amdwere .submitted.to Counci~ Cases showed that the particulars of the restaurant (one showed they were the only bowling, alley: other showed they were the only Italian restaurant) is insufficient to establish that the needs are not met. In two blocks on~C~oper.~Avenue there~are l~lieenses.~Hi~gh.quality ~s not good criteria to base a decision on. Do not ~eel the applicant fully showed that the needs have not been met. With as many outlets as exist, the waiting is not that long. Some Councilmen may feel there should not be a li~it on-licenses but the Council has a dut to deny unless the applicant has shown that existing outlets are inadequate to meet the reasonalbe needs of the community.. ~ ~ ~, 1282 Regular Meeting ~Aspen City CounciI February !4'~ t97~ Attorney Moran stated the clients that Mr. EdwardS~'mepresented are licensesholders in Michaels, Inc. this town and feel their ~position should be discounted. Interpretations put on by the Beer, Wine & Supreme Court since 1935 are criteria of convenience, character and availability of Liquor >4. service. Witnesses testified that there is a need. Ther~ is no question about the cha~- License' .~ acter of the applicants. Council has the duty to review each application on its merits. ', The Master Plan calls for-a commercial core area in the downtown and that is the intent · of the community, not a two block area. ~ Michael Baron testified that in making reservations for pepple who stay in h~is lodge,-you cannot get people into the good restaurants in town, could use additional outlet. Mr. Edwards stated that due to the tabling of this application at the last meeting, were unable to get alot of the people back who were in oppoSition to th'is application. Could furnish a number of petitions against this appliCatiOn. Attorneys stated that evidence that can be considered must be place in .the record. Mayor Homeyer closed the public hearing. City Attorney Kern stated that the cases cited in this hearing, there are an equal number of cases that can be given either way. Council has a very wide descretion, Council cannot be arbitrary or capricious. Council can consider reasonable requirements of the neighbor- hood, character, availability and convenience. CoUncilman Whitaker moved the license for Michael's, Inc. be granted on the grounds that it has been demonstrated that the needs of the ne. ighborhhod have not been met. Seconded by Councilman Nystrom. Councilman Markalunas stated she had checked on statistiscal information and stated this makes quite a difference in the neighborhood. Councilman Comcowich stated he was not for considering economic benefit or the moral implication because that involves the exploitation of the town. Stated that once a license is granted, and unless the apPlicant breaks the code, the City has little control~ Feel judgement sho~ld be exercised on each application. Feel there has to be regulations and ask that the attorneys help the City in getting quality restaurant.s and get rid of the ones that are not qUality. ~ Roll call vote Councilmen Nystrom aye; Whitaker aye; Walls nay; Comcowich aye; Griffin aye; Markalunas aye; Mayor Homeyer abstain. Mayor Homeyer stated previous to the roll. call she is a leasee in the building. "-' A1 Aban, Inc. - Beer and Wine Application - Mayor Homeyer opened the public hearing. City A1 Aban, Inc. Manager reported there has been no application made for the premises in the last two Beer and Wine years, applicant does have right to possession and is not within 500 feet of a school, Application number of present outlets is three, premises were posted on January 28th. Mr. Michael Dousman, co-owner, stated they had been in operation since September 7, 1971 and need the wine to serve as compliment to the food. When opened, decided to wait to apply for license. Presently-having prOblems with people bringing in their own wine. The menu is North African food°which is dry and wine complements this. Have put alot of hard work into the restaurant for the locals and tourists to enjoy. The atmosphere is subdued and quiet. Do not want to get a bar operation going, this would be strictly to compliment the food. Have been encouraged bY the staggering number of requests for wine. Petition was submitted with 300 names of people who have eaten~at the restaurant. Another petition submitted signed by business owners located in the immediate neighborhood. Michael Baron testified that he had eaten at the restaurant and stated we would be doing ourselves and the tourists a favor in granting this application. K. N. C. B. Moore testified that there seemed to be noone present tospeak for the tourist~. From their point of view it does not seem real ~hat you cannot get a drink. If Council zoned this town for 100 licenses that implies something. Jill St. John testified that the restaurant is-authentic and unique and the charm of Aspen is its small unique types of restaurants. Mr. Dousman stated that from the statistics there is need for another beer and wine license, i Mayor Homeyer closed the public hearing. Councilman Comcowich moved that on the basis of uniqueness and evidence submitted to substantiate that the n~eds have not been met, the application to A1 Aban be approved. Seconded by Councilman Nystrom. 1283 Regular Meeting A~pen City Council ........ F?bru_a_~L ~g,_~9~2 Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; Walls aye; Whitaker.aye; Mayor Homeyer aye. Motion carried. Ord. #1 Ordinance #1, Series of 1972, AN ORDINANCE PROVIDING FOR THE ISSUANCE BY THE CITY OF Water ASPEN, COLORADO, OF ITK NEGOTIABLE COUPON BONDS IN THE PRINCIPAL AMOUNT OF 81,540,000, Refunding TO BE DESIGNATED "GENERA~ OBLIGATION REFUNDING WATER BONDS", FOR THE PURPOSE OF REFUNDING Bonds OUTSTANDING BONDED INDEBTEDNESS OF CITY; PRESCRIBING THE FORM OF SAID REFUNDING BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX TO PAY SAID BONDS AND INTEREST; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS RELATING TO THE REFUNDING OF INDEBTEDNESS AND DECLARING AN EMERGENCY was read by. title only by the City Clerk. Councilman Walls moved to adopt Ordinance #1, Series of 19~2. Seconded by Councilman Comcowich. Roll call vote Councilmen Nystrom aye; Comcowich aye; Griffin aye; Mark- alunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Councilman Comcowich moved to adjourn this meeting to 5:00 P. M., Tuesday, February 15th. Seconded by Councilman Walls. Ail in favor, meeting adjourned at 7:00 P. M. Lorraine Graves, City Clerk Adjourned Meeting Aspen City Council February 15, 1972 Meeting reconvened at 5:15 p.m. with Mayor Eve Homeyer, Councilmen Scott Nystrom, Ross Griffin, Jack Walls, Francis Whitaker, City Attorney Albert Kern, City Manager Leon Wurl and StudentRepresentative, Margo Dick. Community Community Improvement Budget - Manager Wurl submitted breaRdown of donations for the Improvement last two.years:and those items Council have committed for 1972i plus excerpt from budget Budget meeting relating to Chamber of Commerce. Councilman Whitaker moved that the City approve the following allocations from the Community Improvement Budget: Teen Center $3,600; Fire Department S600.00; Historical Society $2,800; Mountain Rescue $1,000; Music Association $3,750; Ambulance $4,500; City Employee Christmas S800.00. Sedonded by Coun~ilmafi Griffin. Roi1 'call'vote - Councilmen Nystrom aye; Griffin aye; Walls nay; Whitaker aye; Mayor Homeyer aye. Motion carried. Councilman William Comcowich arrived. Councilman Comcowich moved to allocate S12,000.00 to the Aspen Chamber of Commerce. Seconded by Councilman Nystrom. Councilman Whitaker stated he disagreed with this allocation as the latest figures show the Chamber represents only about 1/3rd of the local businesses. Feel the money Would be better spent on needed capital improvements and other items which had to be cut from the 1972 budget. Councilma.n Ramona Markalunas arrived. Councilman Walls stated this amount would not make any dent in the capital improvements, Council needs to establish priorities. Council, at budget time, committed funds to the Chamber. In the RSA meeting, the Chamber stated they wanted funding for this year but next year they would be self supporting. Councilman Comcowich stated the time to worry about funding of capital improvements is at budget time. Also, we must-address ourselves to whether we are going to be a tourist community or-not. Councilman Griffin suggest the City estmiate what is being given to the Chamber as re- lates to space. Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin may; Markalunas aye; Walls aye; Whitaker nay; Mayor Homeyer aye. Motion carried. Council request this money be distributed to the Chamber on monthly basis. Library Library Request~- Request:for-~3100.00. Council agreed this is a county function with a Request mill levy and to donate this money would cost the taxpayers.of the City double. Ambulance Committee requesting $1250.00 for.the first three months. Mayor 'Homeyer · Ambulance stated the figure should be $1125.00. Councilman Griffin moved to send a check represent- ing three months to the Ambulance Committee in the amount~ of $1125.00. Seconded by Councilman Markalunas. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; Griffin aye; Comcowich~aye; Nystrom aye;i~Mayor Homeyer. aye.. Motion carried. Public Service - Manager wurl explained Under the contract they can ask for an increase.iPublic ~ and the City is committed to paying what is approved by the PUC. They are asking for !Service about 6-1/2% increas~ in rates and they feel they could justify as much as three times that amount to the Federal Power Commission. They do not want to submit it to the PUC because it would mean going.to Washington. This was discussed with other cities who buy their power from Public Service and have all agreed to'go along with the 6-1/2% 'increase. Recommend Council~authorize the s~gning of the letter that authorizes Public Service to prepare the modification to the contract. This modification will come back to Council for ~approval. Councilman Whitaker moved to authorize the preparation of t~e modification. Seconded by Councilman Markalunas. All in favor, motion carried. Mower - Manager Wurl request authorization to order the mower as described in material Mower submitted. Mower was budgeted. Councilman Wails mOved~ tO authOriZe the purchase. 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. Noise COntrol- c0un~ilman Whitaker suggest ~he city Co~h~iI ~0ns~id~ ~'io~er 'd~i~I Noise Control level in the evening than d~ring the daY. Additi0nal suggesti0ns were made Of the diff' erent zones having a different level and different levels~fqr evening. Historical Zoning - councilma~ Whitaker moved.to schedule a public.hearing for March l~th Historical at 5:00 p~m., seconded by Councilman Comcowich.. Ail in favor, motion carried. Zoning Post Office Location - Mr. Herb Barrel, City/County Planner, stated he was not able to Post Office ~b~min~he~repomt~made by the Corp of Engineers..San Francisco office states this is the Locatimn time to have a feeling from the community as to what kind of service the community desires. Mr. Barrel reported he had contacted th~ League of Women Voters as to their making an unbiased survey. CoUncilman Markalunas moyed to authorize the League of W~meq Voters to proceed immediately ~ with a sqrvey of the types of postal service the.people desire, Seconded by C0uncilmmn Whitaker. Mr. BarteI stated the questions will be prepared and sent to the San Francisco office for comment and approval. Ail in favor, motion carried. Neighborhood Commercial - Mayor HomeYer questioned what is happening with this ordinance. Neighborhood Mr. Bartel stated he wou!d again be working on this this next week. It was reported~ a Commercial Safeway store is again being designed for the Airport Business Center. Different Council members request the City Engineer look at a on~-way system for Spring One-way Street, Ute Avenue; including Monarch Street in the~tow away zone, and the problems near Streets the Cooper Street bridge. Happy Hearth Assignment of Lease - Assignement submitted. City Attormey Kern stated all Happy Hearth was in order. Councilman Griffin moved to approve the assignement. Seconded by CQuncilman Ass igmmen~t of Markalunas. Roll call vote - Councilmen Nystrom ~ye; Comcowich aye~ Griffin aye; Mark- Lease alunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. Andre's of Aspen - Council questioned the tw~ reports submitted by the Sanitarian and Andre's of Building Inspector giving the owners 10 days to comply with the regulations. Tenth day Aspen being February 13th, Council questioned what has been done. Councilman Griffin moved that if the violations of Andre's of Aspen have ~o be corrected that the City Attorney be instructed to set up a hearing for them to show cause why the license should not be s~uspended or revoked. Seconded by Councilman Whitaker. Council agreed to schedule the hearing for February 21st at 5:00 p.m. All in favor, motion carried. Councilman Griffin moved to adjourn~to executive ~ession, seconded by Councilman Comcowich All in favor, motion carried. Council reconvened and motion made by Griffin, seconded by Comcowich to adjourn at 7:20 p.~