Aspen, Colorad.o Regular Meeting Aspen City Council December 6,1965 The regular meeting was called to order at 3:50 P. M. by Mayor Pabst, with Councilmen Kuster, McEachern, Barnard and Stapleton, City Attorney Balcomb and City Administrator Kerrigan present. The accounts payable were given to Councilman Kuster to check. The minutes of the regular meeting of November 15,1965, were approved as read. A motion was made by Councilman KuSter to suspend Rule 19 and. to pay the City bills in the amount of $17, 287. 20. Motion was seconded by Councilman MCEachern. Roll Call. Councilman Barnard aye; McEachern aye; Kuster? aye; Stapleton aye. Councilman Kuster moved to suspend Rule 19, and to pay $7,891.10 Payment to T. L. Benson on the sidewalk project. Motion seconded by Councilman? Sidewalk McEachern. Roll Call vote Councilme.n Stapleton aye; Kuster aye; McEachern Prdject Xi aye; Barnard aye. . Liquor License Knight Club Attorney.Leslie Gross informed Council that the matter of possession is set .for December 9,1965, Liquor License in court whether Hubert Erhard or K.night Club is entitled to possession . Knight Club of premises. Liquor License - Sun-Sut Corporation Sunnie's Rendezvous. Liquor License Mr. Gross referred to application and addendum submitted - also to petition SunnEe's bearing 63 signatures in favor of transfer and called attention to Regulation 16? C- 2. He said this application is for a location not pre? viously licensed for alcoholic beverage, and as far as he knows, no previous application has been made for this lobation. He filed letter dated December 6, 1965, from Bert Bidwell stating that the Sun?Sut Corporation is, or will be, entitled to possession of the restaurant premises at #34 East Cooper, under a lease. Mr.?Gross added that there is a draft of a lease to take effect.when liquor license is issued for a period of ten years. Attorney Balcomb asked Mr. Gross what is binding Mr. Bidwell now to complete the lease. Attorney Gross replied that location is in area Where sale of liquor is permitted, and is not within prohibited distance of schools; that the building is in existence, and plans have been filed; that statutory requirements on publishin and posting have been met.- He _said estimated cost of fixtures is .25,000.00 and $16,500.00 is available in cash, and balance will be carried by vendors of furniture and fixtures. Peter Guy of the Steak Pit, Inc. referred to Sunnie's operation in the past, and said he feels Council would prefer to transfer her license rather than to hassle with a new application. John Hooker, accountant for the Sun~Sut Corporation, was present. Regular meeting Aspen City Council December 6, 1965 Continued. i) Lease Beck Bishop Annexation Zoning "Danger RG RR Institute Attorney William Clark said he was representing Leonard Thomas on a promissory note he holds on certain furniture, fixtures and other equipment used in the operation of the Rendezvous, and he left with Council a letter reviewing the relationship between Mr. Thomas and Mrs. Sutton. Mr. Clark said he was filing a protest and referred.to responsibility of the local licensing authority to check into the. financial reSponsibility of applicants. Mr. Clark asked Council to check into why the Sun?Sut Corporation was formed, and. the position of Mrs. Sutton in it. He also filed a cancelled check for $240. 00 from the Sun- Sut Corporation to Wisconsin Colorado Corporation as rent. Mr. Gross gave a chronological outline from 1958 to date on the restaurant in the Gallun Building on lease assignments. He said approximately $10,000.00 has-been paid by Mrs. Sutton to Petre and Zimmerman; that Sun?Sut-Corpofation had asked Gallun to give tenancy to Sunnie's Rendezvous, and that lease had been.terminated with the approval of Gallun. Mr. Gross said that legally, Mrs. Sutton is not involved with transfer, and suggested that Attorney Clark sue. Mr. Clark asked Council what is true position in Corporation, and also asked Council to keep clear her obligation to Thomas. Mr. Gross said Petre and Zimmerman could not have acquired bus? iness, only furniture and fixtures. Mrs. Sutton told Council she does not own any stock in the Corporation and does not.intend to own any that she will assist her husband-in Operation. Mr. Clark feels.there is a-factual interest in the corporation by Mrs. Sutton. Attorney Balcomb advised that a person may use a corporation as a screen, and he feels it is important_to know if she is helping to finance corporation. Attorney Gross said.the corporation is not obligated to Mrs. Sutton. Mr. Balcomb advised that, if Mrs. Sutton is not financing the corporation she is not involved. A Motion was then made by Councilman Barnard, seconded by Councilman McEachern, to grant transfer of liquor license of Sun?Sut Corporation dba Sunnie' Rendezvous. There was no further discussion. Roll call vote - Councilman Stapleton nay - because he Wants investigation made to determine if Sunnie does have financial interest in the corporation Councilman Kuster abstained; Councilman McEachern aye; Barnard aye; Motion carried. - 1 Councilman Kuster did.not take part in any of the discussion on the foregoing transfer of liquor license of Sunnie's Rendezvous. .Mr. Beck and Mr. Bishop were present regarding their lease on premises in the Opera Heuse - they referred to long range plan that provides for parking on the lot next to them. Discussed revision of rental sate at time of renewal of lease December 31, 1966. Council instructed Mr. Kerrigan to determine current-rate of rental. HEARING ON ZONING OF ANNEXED AREA. Mayor Pabst read letter dated December 6, 1965, from Planning Commission re adopting new zoning ordinance covering a 1 and 30 zoning district. . Hans Gramiger asked if copies were available - and Mr. Helmig asked about map - which was placed on display by Jack Walls, who pointed out_areas und.er -consideration for rezoning and areas to remain .zoned. as they were under County zoning. Mr. R. C. Cavness, Denver and Rio Grande RR, presented a letter d.ated DeCember 1,1965, stating that the RGW Railroad Company would be agreeable to such annexation provided. all of its station ground.s is annexed into the City and. zoned ?Business". This is to be referred to the Planning Commission. - Mr. Helmig Aspen Institute asked about the Aspen Company anaconda subwdivision and presented plans for this area. He said they plan to put affiliated buildings in this area now zoned RulS, and recommended that it-be rezoned to Tnl, so that entire Institute complex will be zoned Twl, and he will submit letter to that effect to Council. Jack walls, Chairman of the Planning Commission, said Commis~ sion felt the zoning should be maintained to protect the property owners in the sub?division. There was no ;further comment or discussion, and a motion was mad.e by Gouncilman Barnard to instruct the- -City Attorney to form an additional category in the zoning provisions to cover T?l and 30, as described in the Planning Commission' 3 letter dated. December 6. Motion seconded. by Councilman Stapleton. Roll call vote - Councilmen Kuster aye;_Stapleton aye; McEachern aye; Barnard aye. Dr. Baxter said he felt that rezoning to more profitable basis should not be done on ?faith? and he opposes change in the zoning of Aspen Sub?d.ivision at this time. . Mr. Helmig felt the.re would not be any change that wound deteriorate adjacent property. . Councilman Barnard asked if those present were more in favor of keeping present zoning-until the Institute is ready to expand. Jack Walls said Planning Commission would like to keep present zoning and change when the Institute is ready to use area. Those present and.taking part in the discussion were Ellie Bealmear, Natalie Gignoux, and Dr. Baxter. A motion was then made by Councilman McEachern, seconded by Councilman Barnard that the recommendations of.the Planning Commission on rezoning be adopted. Roll call vote Councilman Stapleton aye; Kuster aye; McEacher-n aye; Barnard aye. Attorney Balcomb will prepare ordinance. A motion was made by Councilman Barnard, seconded by Councilman Kuster to adjourn the hearing at 5:50 P.M. All Councilmen voted aye. Mayor Pabst read letter from the Planning Commission dated December 6, 1965, re Main and North Original Streets - the major portion of the recently annexed area being in private ownership. Mr. Kirby McIntosh, President of Thor Hearth Corporation, said they are willing to co-operate on this matter, and they feel it is urgent that decision be made in the near future - they will give rightwof-way but they do not own the propertym they have long-term lease. Mr. Kerrigan said survey has been started. A Motion was made by Councilman Kuster, seconded by Councilman Barnard not to issue building permit for any.new construction on the streets in question until study-can be made. -Roll call vote - Councilmen Stapleton aye; Kuster aye; McEachern aye; Barnard aye. Christmas bonus discussed. and Council agreed that no bonuses would. be paid, due to ad iustment in salary sched.ule as outlined. in the recently ad.opted employee manual. Attorney Balcomb read easement for fire escape on Roaring Fork Building, and a motio.n was made by Councilman McBachern to adopt the easement .for extension of fire escape on Roaring ?ork Building into the alley. Motion was seconded by Councilman Barnard. Discussed - width? Clyde Clymer feels this is excessive - and he does not feel that a roof over the escape is necessary.? Councilman McEachern withdrew his motion, and Councilman Barnard his second, and the Council will look over the proposed installation. Attorney Balcomb said he had talked with Attorney Charles Stewart about the Buchanan demand for dead in the East Aspen Patent area - three parcels are involved A, and - and there is no quarrel on A and but is involved in suit. Council looked at East ASpen plat filed with Mr. Kerrigan. Mr. Balcomb referred to Glenwood Springs people employed in Aspen during the winter season only and recuired to register under ordinance. Discussed, and tabled until next meeting. Mr. Balcomb then referred to suit to set aside the recent annexation under Ordinance No. 16, 1965 and Council wants him to defend the City. Resolution for transfer of funds - $30,000.00 from Electric Department to General Fund read by Attorney Balcomb. Main N. Orig inal X?Mas Bonus Easement Roaring Fork East Aspen Patent Registration i ETransfer o.f EFunds Aspen City Council Regular Meeting December 6, 1965 Continued. RESOLUTION WHEREAS, the City Council of the City of Aspen desires to pay certain amounts that are now due from the General Fund of the City, and finds that there is not sufficient money available in the General Fund cur- Color~ do, rently to effect such payments: EREAS, the ~aY~ f~ such accounts shall ents ~ to exceed the overnot cause the City all budget of the General is WHEREAS, the City Council finds that i~ to of City make payments, i n terest in the best the such and desires to transfer the sum 000. of30, $ 00 from the Elec- tric Operating Fund to the General Fund, to Fund; accomplish the purposes aforesaid; NOW, THEREFORE, be it 1.The City Clerk and the City Treasurer resolved: authorized and directed to transfer the sum hereby are the Electric Operating Fund to 00 from 000. of30, the General Fund to provide for the payment from the General Fund of the following accounts duefrom~ the City:Sidewalk Project and Other 2. C copy of this Resolution shall be Accounts. City Clerk and City Treasurer as authority to delivered to the effect said Motion was made by read. Seconded by Councilman transfer. A as Bernard aye; McEachern resolution aye; Crawler- Tractor - Kuster problems not Councilman Stapleton to accept the Kuster. Roll call aye; Stapleton yet resolved vote - Councilman aye. remove from agenda. referred to copies of Long Range Plan - No.Colo. P 26 - Mr. State of ColoradoDi v i s i o n agreement received the of Commerce from the motion was made and Development and this was reviewed by Council. A by Councilman McEachern, seconded by Councilman Bernard, to authorize the call vote Councilmen Mayor and City Clerk to execute this agreement. Roll Stapleton aye;KuSter aye; McEaehern aye;Barnard aye.Mr. Project maps to filed with be the Kerrigan referred to filings on Maroon and Mayor and City Clerk and sent to Dale State Engineer. Creek He signed Castle Creek -Filings Rea to be Maroon & Caste Kerrigan by on also referred to Davis Holder filing on Durant Mine water -to be and Filings make filing with the State Engineer. Mine Water A to to signed Durant returned motion was seconded by Gouhcilman Kuster, to au~ thorize the Ma~ or and theCity Clerk to sign both filings, and return the respective engi n eers to be filed with the State Engln~ them to then made by Councilman McEachern, er. Attorney Balcombreferred to need to preserve water on the Western and feels Slope, Aspen should transfer rights to the Water Conservancy District for Roll call aye; Muster Discussed. Stapleton protection. aye; aye. dump aye; Bernard purchase Agreement McEachern ad been Dump iven Mr. safd agreement returned. Insurance Mr. Kerrigan said he, been Kerriga~ has not yet Cliff Council to accept coverage, and the and latter Brelsford b. to Christenson, ~and Bill Stapleton are to review City' s twowill Insurance present bids. Mr.Kerrigan asked which engineer is to design the filtration plant. DiscUssed, and a motion Councilman St a pl e t o n Filtration Plan seconded by Councilman McEacher~ was made by Steam- Rogers Corporation to design and construct the filtration Rea to plant. Discussion - Councilman Bernard favors Dale due his present work for the City, and because Council is in " lame duck" session he does not feel change would be beneficial at this time. Councilman McEachern withdrew his second to the motion. Clyde Clymer - elected Councilman - feels that the project construction let out on Rea should motion. Counci l m an withdrew his Stapleton bid. engineer and 4 Councilman Stapletcn then moved to instruct Mr. Kerrigan to ask Dale Rea to design the filtration plant, and to have one contractor do the whole job. Motion seconded by Councilman MbEachern. Roll call vote . ex-officio member to the Chamber of Commerce. All Councilmen voted aye. i ?5 Councilmen Kuster aye; Stapleton aye; McEachern aye; Barnard aye. I - i i Mayor Pabst read letter from Hans Gramiger re prohibiting 5 i g; d.istribution of hand bills and Mr. Kerrigan is to check to see if this i_s Hand B1115 'Lja? covered in the Municipal Code. i ii - a it Mayor Pabst read letter of resignation of Irvin Burkee from the 3: Board of-Adjustment, and the next person on the list of prospects is to Vacancy on . i ii be appointed. foard of AdjMr. Pabst also read letter from the Historical Society and Mr. I i Laine was present regarding their getting the space in the Opera House iHlSFOrlcal :1 when the library'moves out. Council_explained that as provided in the lease, E, the space would revert to the Aspen Institute. i 5 ii A letter from the Chamber of Commerce, requesting that a member i of the City Government be appointed as ex-officio member.cf the Board . i_ of Directors, was read by Mr. Pabst, and a motion was made by Councilman i Barnard, seconded by Councilman McEachern to appoint Councilman Kuster as hamber 0f Com. i Also read by Mayor Pabst - letter from wendy Morse, requesting a loading zone on Galena Street. Council decided against this as several similar requests have been turned down. Councilman Barnard referred to cutting of streets and returning them to good condition - and.he would like to have ordinance amended Street Cutting to limit time for street cuts from April to October 15, except in cases of emergency. Discussed. Amendment to ordinance will be prepared. Also discussed - curb bones covered by concrete. city maintaining sign mall - and Council will . consider this. i Councilman Barnard stressed need to have petitions prepared for Street Improvement District NoHans Gramiger referred to need for snow removal and keeping ?r1 1 sidewalks clear discussed. Mr. Gramiger said he felt the public should Sidewalk Snowl. i know more about the zoning plans, and Councilman McEachern, member of the Removal 1 i Planning Commission said this is discussed at public meetingssecret meetings were held. Discussed having City remove snow from sidewalks and charge owners. Mr. Kerrigan is to get information on small snow removal i a equipment. The meeting was adjourned.at 7:45 PM upon motion by Councilman - Barnard, seconded by Councilman McEachern and carried. . M. 7i} .