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HomeMy WebLinkAbout1974 Vail Town Council Minutes MINUTES S PECIA L MEETING LIQUOR LICENSING AUTHORITY JANUARY 4, 1974 • A special meeting; of'the local liquor licensing authority was convened . at 2 PM, January 4, 1974, by Mr .. Gerry White, due to Mayor Dobson's absence at the:,previous council meeting when the public hearings were held for the Licenses to be considered. The following members were present: John Donovan John Dobson Gerry White Joe Langmaid Kathy K lug Also present ware: Terrell J. Minger, Town Manager ` Gene A . Smith, Town Attorney Dairy Depot 3 .2% Beer License Mr. Donovan's eligibility to vote one<the application by Mr. Daniel O'Brien for the Dairy Depot was discussed. It was decided that there would be no conflict of interest in this instance. Discussion ensued regarding the needs of the neighborhood and desires of the inhabitants. Mr. White called for the vote; Mr. Donovan and Mr. Langmaid voted against and Ms. Klug and Mr. White voted in Favor,. The vote was a tie; therefore, Mr. Steinberg would need to be present at another meeting to cast the deciding vote. Mr. Staufer would be ineligible to vote due to the location of the Dairy Depot on the premises of the Vail Village Inn. Mayor Dobson could not vote due to his absence at the public hearing on the application. Mr. White said there would be a re-vote at the next regular council meeting, January 8, 1974, since the decision must be made within 30 days from the date of the public hearing. Grand Prix, Inc. Beer, Wine and Liquor License Next was the consideration of the License for :Grand Prix, Inc. After a discussion of the subject and criticism of the philosophy in granting licenses, all members voted in favor of granting the license. Several members of the authority voiced complaints regarding the Nu Gnu and Casino Vail. Criticism ranged from dancers' stripping to the bullying of guests and people around the vicinity of the night clubs - the Nu Gnu in particular. Mr. Minger stated that the police have filed several charges against the owners of the Nu Gnu and they are to appear before the liquor Licensing authority in the near future. As there was no further business, the meeting was adjourned at 3 PM. Respectfully submitted, j Rosalie Jeffrey Town Clerk MINUTES REGULAR MEETING TOWN COUNCIL FOR THE TOWN OF VAIL 8 JANUARY 1974 The regular meeting of the Town Council for the Town of Vail was convened at 7 : 30 PM, January 8 , 1974 , in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following councilmembers were present: Josef Staufer Kathy Klug Tom Steinberg Joseph Langmaid Gerry White John Donovan Also present were: Terrell J. Minger, Town Manager Gene A. Smith, Town Attorney Mr. Minger announced the first recipient of the newly-initiated Town of Vail Employee of the Month award. He explained that this award was created for the purpose of thanking employees whose work had been outstanding during the previous month. He then named Peter Burnett as the employee of the month for December, 1973. He noted that Pete and his crew had done a fine job of handling a 30" snowfall and keeping the roads movable, had worked with the FBI in up and maintaining the Vice President' s communications system; during a gas outage in the town Pete had been the one to. find an alternate gas supply; and that he had suggested the new location for the town bus terminal and gas & electric supply. Mr. Burnett praised the work of his crew and said that without their help he couldn' t have done his work. Mr. Eldon Beck was present to discuss the new design of the parking terminal structure and illustrate locations of various buildings and the need to change the terminal location for economy and design purposes. Capacity of the structure will be 1,035. He noted that the 'wooden truss structure' would ` carry through the design of the existing covered bridge so that there would be a constancy of style, form and materials . His company has recommended the use of brick plazas to follow the present use of brick throughout the town. From nearly all directions the automobile will not be visible. He emphasized that the present design, materials and structure meet the budget and desires of the town. A member of the audience questioned the possible hazard on the stairs in the winter. Mr. Beck replied that there will be a main traffic area leading from the 4th to the main level. This traffic path would be heated. In response to another question, he commented that the restaurant facility would merely be a convenience to the public, those passing through the terminal. Mayor Dobson commented on the number of changes that have taken place since the inception of the idea so that the plaza area and the overall design has become an exciting area and remains within the budget. January S , 1974 Page 2 Mr. Rod Slifer and Dick Peterson were present to discuss the use of the Antholz property for the coming summer season. The Recreation District has worked with Eldon Beck to design 14 tennis courts for the town. There are now 9 courts within the town. Representing the Recreation District, Mr. Slifer requested that the town give the land to them for this construction. They will then propose a bond election for the cost of construction. Mr. Beck commented that the courts would best be located on the east end of Antholz . The west side of the ski bridge has a 'bench' with an area that is well-suited to the courts. With regard to parking, he felt that people should be encouraged to use the bus system and to walk from Lionshead. There is actually no need for parking. The bicycle path follows through that area, and there would still be more than adequate space for the path to go around the courts. Mr. Slifer then requested approval to proceed with the bond election for the purpose of construction of 14 courts and resurfacing the existing courts at Golden Peak. Mayor Dobson asked for comments. from the council. Council-- members Staufer, Donovan, Klug were in favor of Slifer' s proposal. Councilman Steinberg asked about a long-term lease and Mr. Slifer asked that the land be deeded to the Recreation District. Mr. Minger stated that the town would ask for a 49 year lease with an option to release at $1. 00 per year. Councilman White noted the desire of the town to make this a 12-month resort. Mr. Slifer said this issue would include remodeling of the golf course club- house for a storage area and golf carts. Councilman Donovan moved that a lease be drawn up for use of the Antholz on a 49 -year lease; Councilman Staufer seconded the motion; all members voted in favor of the motion with Councilman White abstaining due to his membership on the Recreation Board; the motion carried Mr. Bernstein, Finance Direct6r, noted that the full cost would be $175 ,000 - each court costing $10 ,000 -- 11,000 . Mr. James Slevin, of the Vail Institute, requested authorization of a temporary home for a tent to house the cultural center this summer. The tent might be located near the 2 existing structures on that property. the size of the tent would be to accomodate 400 people. There would have to be grading after the thaw, but it would be minimal. A pedestrian bridge is planned so that the parking available at Golden Peak could be used. Mr. Slevin advised the council that the Institute is funded by donations and that it has received its tax exempt status . Councilman Staufer moved that the Town of Vail lease the two existing buildings and the land for one summer for $1.,00. After some discussion, he rephrased the motion to read 'grant permission' rather than ' lease ' . Councilman Donovan seconded the motion; all members voted in favor and the motion carried. Ordinance No. 26 , AN ORDINANCE FOR THE CONTROL OF DOGS, was introduced by Mr. Minger. The title was read in full by the Mayor and the audience advised that copies of the ordinance were available. Mr. Smith, the town attorney, explained that since the first reading of the ordinance - some minor changes had been made. Councilwoman Klug moved that Ordinance No. 26 be approved on second reading; Councilman Steinberg seconded the motion; the vote was unanimous in favor of approving the ordinance. With regard to the appointment of additional planning commission members, appointments were deferred until the Council can further deliberate on the selection. Regarding the presentation of voucher lists, Councilman Langmaid commented that the voucher list is a vague documett:' He remarked that the checks should be gone over by members of the council before they are sent out. Councilman Donovan disagreed with this, stating that this had been done in the past and was very tedious. He agreed with Mr. Bernstein regarding the use of voucher lists for other funds of the Town. Other members of the council were in agreement that the present voucher list is sufficient. January 8, 1974 Page 3 Councilman Staufer criticized the over-expenditures of the Symposium. Mr. Minger noted that there will be no further expenditures in excess of the budget without the council 's first approving them. Councilman Langmaid then requested an accounting of 1973 general administration expenses and who spent the money. He made a motion requesting Mr. Bernstein to make a report within 20 days . Councilman White protested the necessity of a motion in this matter. Councilman Staufer suggested tabling the motion, but Councilman Langmaid refused to do that. A vote was taken and Councilmembers Staufer, Klug and Langmaid were in favor of the motion. Councilmembers Donovan, Steinberg and White voted against; Mayor Dobson broke the tie by voting against the motion.. The Mayor then directed Mr. Bernstein to make a full financial report to the Council. Councilman White repeated that while he was not opposed to reporting on expenses, he did disagree with the manner in which it was presented. Concerning the presentation of council minutes for November 6 , 14 and 21, 1973 , Councilman Donovan moved to adopt them; all members voted in favor and the motion carried; the minutes were adopted. With regard to the Colorado Rivers Council presentation, it was delayed to the next council meeting since Mr. Garton was not present. Resolution No. 1, Series of 1974 , a resolution for the purchase of two buses, was introduced by Mr. Minger. He commented on the need for this transaction to take place at the present time, due to an expected cost increase of $3,000 .00 per bus in the very near future. The approximate cost for each bus will be $31,500.00 . The buses should be available for delivery within the next few months. Councilman Donovan moved to approve Resolution No. 1; Councilwoman Klug seconded the motion; the vote was unanimous in favor and the motion carried. Mr. Dick Elias , representing the Vail Community Committee, requested a donation from the town in order to carry out publicity and advertising to offset the negative results of the energy crisis. He stated that Vail Associates, Inc. has donated $5, 000 .00 . Mayor Dobson asked for authorization of an expenditure by the Town of Vail for the fund. Councilman White moved to donate $5 ,000 .00 to the Vail Community Committee; Councilman Donovan seconded the motion; the vote was unanimous in favor and the motion carried. REPORTS FROM THE TOWN MANAGER Mr. Minger announced that the architectural firm which designed the Pirate Ship playground here in Vail has won an award for that design from the Minnesota Association of Landscape Architects. A community questionnaire is being prepared by Town staff and will be put in post office boxes on Monday, January 14th. It will include various questions concerning town business and recreational activities. Mr. Minger asked for a motion of the Town Council .to provide government assistance to the communities of Minturn and Redcliff so that a program designed by himself and Mr. Bob Manzanares , his administrative assistant, could be continued. He commented that he personally can spend no additional time on the program. He explained that this would be a totally new program, never before undertaken in the United States. He noted that the Colorado Council of Governments has given $3 ,000 .00 to pay part of Mr. Manzanares ' . salary for a six-month period. Councilman January 8 , 1974 Page 4 Steinberg moved to approve the program as outlined for these communities by Mr. Minger; Councilman Donovan seconded the motion; the vote was unanimous in favor and the motion carried. Councilman Donovan commented that it should be read into the record that efforts should be made to do this work on their own time. Mr. Manzanares will be on a half-time basis with the Town for the six-month period. Mr. Minger reported that the new bus station facilities and rest rooms in the west Lionshead parking lot are ready, with water and sewer to be done this week so that operation may begin by Monday, January 14th4 COUNCIL COMMENTS Councilman Staufer remarked that the owner and contractor for the Conoco station had stated that the additions would be finished by this time. However, the construction cannot get underway until about April, 1974 , when the ground thaws . Councilman Donovan commented that it would have even more im- portance with larger projects due to its being an eyesore and should be dealt with by the Town Council. Kent Rose commented that a building permit is valid for one year according to the UBC as adopted by the Town of Vail. Mr. Rose said that he will approach the owner to see if he will clean up the area. Mayor Dobson asked for a statement on the subject from Mr. Rose by the next council meeting. Councilman Staufer commented on the haphazard parking that is occurring in almost every area of town, with vehicles being parked on curbs and public rights-of--way. Councilman White brought up the matter of buying a tow truck for Town of Vail use, but questioned the destination of the towed vehicle. He commented that with the Transportation Center and stiffer parking violations there would be more use for a tow truck. The staff was asked for a report on prices for the next meeting . In answer to a request by Councilman Donovan, the staff is preparing a report on the conditional use question in the core area. Comments followed with criticism of people being allowed to go into the core area. Chief Wall said there will be a person acting as an enforcement officer and public relations person in the core in the near future. Councilman Langmaid questioned the status of the cable television situation. Mr. Minger remarked that CATV will sell their company to a company of the town' s choice. He expects the mat- ter will be settled by the spring with a new company in operation by then. As there was no further business, the meeting was adjourned at 10 :10 P .M. The Council then convened as the Local Liquor Licensing Authority to vote on two applications for licenses . Regarding the Dairy Depot, and their request for a 3.2% beer license, Mr. Donovan voted against approving the application since he does not feel the establishment meets the reasonable needs of the neighborhood requirement. Mr. Langmaid voted against the application. Mr. Staufer abstained since he is the owner of the building which would result in a conflict of interests. Mr. White, Dr. Steinberg, Mayor Dobson and Ms . Klug voted in favor of granting the license. The Town Clerk was then instructed to notify Mr. Daniel E. O'Brien in writing his request, within 30 days that approval had been given to January 8, 1974 Page 5 With regard to the request for a beer, wine and liquor license by the Tivoli Lodge from Grand Prix, Inc. , Messrs. Staufer and Donovan abstained from the vote. Messrs. White, Steinberg, Langmaid, Dobson and Ms. Klug voted in favor. The Town Clerk was instructed to notify Mr. Lazier in writing within 30 days that approval had been given to his application. Since:- there was no further business, the meeting was adjourned at 10 : 30 P .M. 4 MINUTES REGULAR MEETING TOWN COUNCIL FOR THE TOWN. OF V.A.IL 15 January 1974 The regular meeting of the Town Council for the Town of Vail was convened at 7:45 P.M. , January 15, 1974 , in the Council Room of the Vail Municipal Building. Mayor John Dobson and the following councilmembers were present: Josef Staufer Kathy Klug Tom Steinberg Joseph Langmaid Gerry White John Donovan Also present were: Terrell J. Minger, Town Manager Gene A. Smith, Town Attorney The town attorney explained the need for taking various measures to rectify the error in holding a special meeting of the Town Council on January 8, 1974 , due to the holiday of January 1, 1974 , the regular council meeting day. Mr. Smith recommended ratification of the January 8th meeting in Resolution No. 2 , Series of 1974. Councilman Donovan moved to approve< Resolution No. 2 ; Councilman Steinberg seconded the motion; all members voted in favor and the motion carried. Mr. Smith also explained the need to repass Ordinance No. 26 , Series of 1973 , as an emergency ordinance since the January 8th council, meeting had been found not to be in accordance with the Charter for the Town of Vail. He commented that it needed to be repassed in order to properly validate the ordinance. Council- man Donovan moved to approve Ordinance No. 26 as an emergency ordinance; Councilwoman Klug seconded the motion; the council was polled and' it'%was determined that they had read and under- stood the ordinance; councilmembers then voted in favor of the motion; the motion carried and Ordinance No. 26 was adopted as an emergency ordinance. Resolution No. 1 , Series of 1974 , was re-introduced for repassage for the same reasons as the two previous measures. Councilman Donovan moved to approve. the resolution which would give approval for the purchase of two new buses; Councilman Steinberg seconded the motion; all members voted in favor; and the motion carried. Ordinance No. 1, Series of 1974 , AN ORDINANCE RELATING TO REGULAR AND SPECIAL MEETINGS OF THE TOWN COUNCIL, was introduced by the town attorney. The purpose of the ordinance is to cor- rect the Town Code in the matter of the deficiency with relation to legal holidays. Mr. Smith defined the purpose of the regular and special meetings of the Council. The Mayor noted that the Council had read and understands this ordinance; Councilman Donovan moved to approve this ordinance; Councilman Steinberg seconded the motion; all members voted in favor; and the motion carried. The Town Clerk was then instructed to have the ordinance published as approved on first reading. 15 January 1974 Page 2 Mayor Dobson then introduced Mr. James Ream, architect for the Transportation Center, to the audience. Councilman Steinberg asked Mr. Ream whether the parking structure was on schedule . Mr. Ream replied that it was and remarked on various aspects of the design. Mayor Dobson then referred to the vacancies on the Planning Commission and mentioned that the Town Council would meet with the Planning Commission to discuss these vacancies:. , As there was no further business , the meeting was adjourned at 8 P.M. LIQUOR LICENSING AUTHORITY The Council then convened as the Local Licensing Authority to consider the request for a beer, wine and liquor License from Andre ' s in Vail, Inc. The Town Clerk reported that the application was in order except that two sets of fingerprints had not yet been turned in. Witnesses were then sworn in by the Town Manager. Douglas S . McLaughlin, attorney representing the applicant, then asked that those in attendance who were in favor of the application please stand up. He counted approxi- mately 25 persons in favor of granting the license. Mr. McLaughlin then submitted random petitions to the authority and asked that they be labelled Exhibits A through H. There were in excess of 600 signatures . Mr. Fred Angeloh, Vice-President of the corporation, testified that his establishment is presently open for business . He remarked on the growth of Vail and commented that the needs of the neighborhood are not presently being fulfilled. He has noted crowded conditions In the restaurants and bars during the high season peak periods. Mr. Ed Roseborough, 26 , manager of Andre' s in Vail, stated that he has been a resident of Vail for five years and has worked at the Ore House and Purcell ' s. During that time , he has been aware of the growth of the town and the need for another licensed restaurant. Mr. Ralph T. Sloan, 36 , developer and contractor, testified that he has resided in Vail for six years and is the President of the corporation applying for the license. Mr. Michael Salloway, 27, is part-owner and secretary-treasurer of the corporation and has been a resident of Lionshead for 3 years . He commented on the needs of the neighborhood with regard to the fast growth of the community. Mr. Thomas Roshkin, 26 , has been a resident of Vail for five years . He testified in favor of granting the license. Mr. William Wilto, 27 , a Vail resident and insurance broker, commented that there was a need for this liquor license to be granted. Mr. Abe Shapiro, 50, a two-year resident of Vail, was in favor of granting the license. Mr. Charles Gersbach, an eleven--year resident of Vail, remarked that the substantial growth of the Vail area would indicate the need for this license. 15 January 1974 Page 3 Counsel for the applicant asked that the authority take note of the administrative figures , sales tax figures , and growth figures of the Town in their decision. He concluded his case. Mayor Dobson noted that the decision would be made within 30 days and a written notice would be sent to the applicant. Mr. Steinberg then moved that the license be approved contingent upon receipt of the 2 sets of fingerprints. Mr,,*L�ofaovan? .- � seconded the motion; all members voted in favor and the motion carried. A request for a change in ownership from Cokan Enterprises was then presented to the Council. The new owner is Mr. Gary Cooper. The Town clerk noted that Mr. Cooper had not yet supplied the necessary character references. Other details were in order. Mr. Donovan moved to approve the change in ownership subject to the receipt of the required character references . Ms, Klug seconded the motion; all members voted in favor; and the motion carried. As there was no further business , the liquor licensing authority adjourned at 8 : 35 P.M. MINUTES REGULAR MEETING TOWN COUNCIL FOR THE TOWN OF VAl,L 5 FEBRUARY 1974 The regular meeting of the Town Council for the Town of Vail Colorado , was convened at 7 : 45 P . M . , February 5 , 1974 , in the Council Room of the Vail Municipal Building . Mayor John Dobson and the. followi.ng councilmembers were present : Josef Staufer Kathy Kl ug. John Donovan Tom Steinberg Joseph Langmaid Gerry White Also present were : Terrell J . Minger , Town Manager Gene A . Smith , Town Attorney Ordinance No . 1 , Series of 1974 , AN ORDINANCE RELATING TO REGULAR AND SPECIAL MEETINGS OF THE TOWN COUNCIL , was introduced on second reading . A member. of the .audience questioned the wording of Section 48 with reference to special meetings which can be called "for good cause" . Discussion followed regarding special emergency meetings . The Town Clerk was then asked where meeting notices would be posted . ' She replied that the- Post , Office , the Municipal Building Bulletin Board and the kiosk at the entrance -to the Covered Bridge are the usual posting_ places . Councilman Donovan moved to approve Ordinance No. 1 ; Councilman White seconded the motion ; the vote was unanimous in favor of the ordinance and the motion carried. The. T'own Clerk was then . instructed to publish Ordinance- No 1 as adopted. Ordinance No. 2 , Ser.ies of 1974 , AN ORDINANCE FOR THE ASSESSMENT , LEVY , AND COLLECTION OF A RECREATIONAL AMENITIES TAX ON THE CONSTRUCTION OF BUILDINGS AND THE CREATION OF A RECREATIONAL AMENITIES FUND , was introduced on. .first reading by the town attorney . Mr . Smith explained that the purpose of this ordinance is to create a credit system with regard to the recreation tax. The ordinance repeals Ordinance . No . 5 , Series of 1973 , and. is based on the cost of the recreational amenities provided by the developer . The Mayor recommended approval on first reading with. the understanding that changes will be made to further clarify the credit system and percentages relating thereto . Mr . Smith emphasized the reasons for requiring payment at the time of issuing the building permit : ( 1 ) simplicity of enforcement ; and (2) the municipality ' s need for the money at the beginning of the summer building season for summer projects .' Councilman ` Donovan commented that the enforceability of the ordinance is the main problem , and that due to numerous difficulties in collecting the tax in the past , this would be the desirable . . method . Mr . Smith recommended passage of the ordinance on first reading and requested that anyone with suggestions regarding the fees should give them to him in written form. Mr . Fred Otto questioned Section 6B , regarding the authority of the Building Official rather than the Planning Commission or. the Design Review Board . Mr . Minger noted that it should be one person ' s responsibility . Councilman Steinberg moved to pass Ordinance No. 2 on first reading ; Councilman Staufer seconded ;. the vote was unanimous in favor and the motion carried The Town Clerk was then instructed to publish said ord.inance . as approved on first reading . Minutes - Town Council February 5 , 1974 Page 2 The request by Mr . Jim Martin , of L.ionshead Lodge , for a parking variance was tabled due to Mr . Martin ' s absence from the meeting . With regard to Vail Associate ' s Potato Patch , it was reported that the project awaits an Environmental Impact Report. Approval has. been recommended by the Planning Commission.. Mr . Minger commented that ample time should be given to : the publicity of this project so that there is proper public ex posure , and he recommended tabling the matter until, the Environmental Impact Report is complete . Discussion of the Potato Patch project was tabled to a laver date .' . With regard to a request by the Eagle County School Board , Mr. Minger explained the background of the. plann'i'ng study 'which the Board proposes : He stated that a donation b.y . the Town of. . Vail would b,e in keeping with our approach to help . wi th ;county planning . Ms . Virginia Crowley and Mr . Ted Poliac 'were present to rep resent the S'choal Board . Mr . .Minger indicated that - $2 ,000 . 00 would be a reasonable donation based on the amount of planning which .would go into the Gore Valley. Councilman Donovan moved that the sum ',af $2 , 000 . 0.0 ,`be `made ,.immediately available to the School Board as outlined by their representatives ; Councilman Langmaid seconde..d ; ..Gouncilmembers Staufer ; White , `` Donovan , Klug and :Lang.maid voted in . favor ; Councilman Steinberg voted against ; and the motion carried . With regard to a request from Colorado Rivers Council , Mr . Rob Garton outlined the projects in which the Counc"i1 is involved : ( 1 ) Iron Mountain Res'ervoir; . (2) Eagle-Piney and Denver Water Board water rights dispute ; and (3) . Homestake .. He respectfully requested a donation at the earliest possible date. With regard to Bighorn annexation , a document prepared ;by the Town of Vail staff was presented to the council and members . of the audience to explain certain issues on that subject . Among areas covered were the status and nature of the Vail Fire District . it is not required that the citizens of an area incorporated into the Town also join the fire district . In the past , however, it has been the philosophy of the Town Council to have the annexing area join all three distri.cts. , . according to Mayor Dobson . The Blghorn . r.esidents must first agree to dissolve their district before joining the Vail Fire District .. A question was raised regarding . Vail ' s : ' 6 ' insurance rating ' and Bighorn ' s 110 ' rating . The'`Mayor suggested that the people of Bighorn get a definitive statement from the Fire Board regarding their policy as it would affect Bighorn upon annexatio.ri. Fire Board member Joseph Langmaid stated that the Board would meet February 6th at 9 A. M . to discuss the matter . Mayor Dobson asked Ms . Carmony if she is in basic agreement with. the Vail philosophy and the types 'of expenditures on the plan- ning of the Town of Vail . She replied that she was , but basically disagrees with some .of the things 'done , in this ' .town.. M:a'y.or Dobson commented that he feels as . mayor . he should note that the people of Bighorn .are sensitive to the direction in which Vail is going . In his opinion , the questions have been answered and he is very confident that the basic philosophy has accompli. s.hed things that most towns will never ' acco'mplish . Councilman Staufer confirmed this sentiment regarding the phi.lo.sophy and the handling of basic issues . He then asked Carol Richards if she would then state that she is in favor of annexation . She replied that she is in favor of it if the .questions 'they .. ask are answered . Minutes - Town Council ~ ` February 5 , 1974 Page 3 • Councilman Staufer moved to approve the minutes as presented to the Council for the November 21 , 26 and 27 , December 3 and 6 , 1973 and January 4 ,. 1974 meetings . Councilman Donovan seconded the motion ; all members voted in favor and the motion carried. The minutes were incorporated into the record of the Town Council for the Town of Vail , .'Colorado. The appointment of two Planning Commission members to fill existing vacancies was done by paper .bal .lot . Mr . Dudley Abbot and Mr . William Heimbach were appointed to the positions by the Council . With regard to- the new positior 'of Core traffic Coordinator , Mr . Minger reported that this ' core . r.ove.r ' would be on foot in the village area .and .her duties would include responding to citizens ' requests for information . Councilman Donovan remarked on the hazard of people skiing in the streets of the village. Chief of Police Wall stated that the town has signs which should warn people'. of the violation involved . Mr . Jim Jacobson commented that the Town Council should not hear the same requests for variances as those heard before the Planning Commission. Mayor Dobson announced that the Town Council and the Planning Commission will meet jointly on odd Tuesdays in conjunction with the Council ' s. weekly work sessions to coordinate requests brought. before -the , Boards . As there was no further business , the meeting was .ad.jo.urned at 10 : 40 P . M . TOWN COUNCIL FOR THE TOWN O.F VAI !. By . ATTEST..Ma �LL Town Clerk VV MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL " 19 FEBRUARY 1974 The regular meeting of the Town Council for the Town of. Vail, Colorado, was convened, at 7 :45 P.M. February 19 , 1974, in the Council Room of. the Vail Municipal Building., Mayor John Dobson and the following counciimembers were present: Gerry White Tom Steinberg Kathy K1ug John Donovan Josef Staufer Councilman Langmaid was .absent. Also present were: Terrell J. Minger, Town Manager Gene A. Smith, Town Attorney Eldon Beck, Planner, Royston firm `- ordinance No. 4, Series of 1974 , AN ORDINANCE REZONING THE VAIL/POTATO PATCH TRACT-AND AMENDING THE OFFICIAL : ZONING MAP, was introduced` on first reading. Mr. Jim Viele, of Vail Associates , Inc.', .made the presentation and explained the proposed down-zoning. He stated that in connection with the development of the area, Vail Associates has .- given.. 20 acres of land to the Town .of Vail to be used as park land. The Mayor asked for questions from the audience pertaining to the proposal. Mr. Eldon Beck commented that. the density and` proposod locations of units are.. reali.stic and good for the area. Councilman Donovan moved to approve . Ordinance No.' 4 on first reading; Cou4gi1man. Steinberg seconded the motion; the vote raas unanimous in favor of . the ordinance and the .motion carried. The Town Clerk was then instructed to have the ordinance published as approved on first reading. Resolution No. 3, Series of. 1974 , a. .resolution for the appointment of the town attorney from his position of acting town attorney to a permanent position for the remainder of 1974. Councilman White. made a motion to approve the resolution; Councilman Donovan seconded the motion; the vote was unanimous in favor of. Resolution No. 3. and the motion carried. With regard to Tracts A and B, two parcel's of land adjacent to the Golden Peak area and 'owned by Vail Associates , Inc. , representatives of V.A. and. their architectural firm were present to introduce the proposal to the Council. Mr. Dick. .Elias questioned the effect of construction on the roadway leading past the project. Mr. Minger. noted that an alter- native road on the eastern portion of the' Antholz property will be built in the summer of 1975' by -the Town of Vail. Councilman White commented that he; feels the project is too large for a heavy traffic area, and that the present project is not in keeping with the area Councilman Donovan agreed but noted that the area is zoned HDMF. Councilman Steinberg remarked that he would dike to see part of Tract .A given to the Town to tie in with the Antholz: and .the character of the mountain slope in. that area ~ 19 February 1974 Page 2 Ordinance No. 3, Series of 1974 , AN ORDINANCE RELATING TO' THE ISSUANCE OF ITS GENERAL OBLIGATION BONDS , SERIES MARCH 1, 1974 IN THE PRINCIPAL AMOUNT OF, $5.,000 ,000 . 00 BONDS DATED MARCH 1, 1974 , was introduced by the town manager. Mr.. Dan Herrington, of Boettcher and Company, the bonding agent, explained the content of the ordinance and the .transactions leading to the ordinance. The net effective rate of interest is 6. 11% plus ,a $120,000 . 00 premium paid to the Town of Vail for refinancing. The ordinance was. entered into the record and a copy is attached hereon. With regard to the Town of Vail Fire Rating, the town manager, fire chief and finance director had a meeting in Denver with Insurance 7nvestors,' I on February .15 1974 , for the purpose of discussing possible results of the Bighorn annexation to the Vail Fire Protection District. According to I.I.I .`, the fire rating is determined by the chance involved in the building' burning down. Vaill.. s .' 6 ' rating is the lowest of any volunteer fire department in this area. The insurance company stated that the rating must be the same for one district and any newly annexed area to the Vail District would. receive the same rating as Vaal presently has; in fact, the entire valley could be ' S ' if the water supply were sufficient. Therefore, Bighorn would go from a 110 ' to a 161 . This would signify. a twenty to forty per cent decrease in insurance premiums for Bighorn property owners A policy. statement is forthcoming from the Vail Fire Board. Resolution No. 4, Series of 1974, a resolution ratifying. the Memorandum of Agreement pertaining to the construction of -a: municipal public parking facility, was- i_n.troduced. by the town attorney. The purpose of this resolution is to give preliminary approval of the transportation center contract as a safety measure for both the contractor' s and the town' s interests. Councilman Steinberg made a motion.to approve Resolution No. 4; Councilman White. seconded; all members voted in favor and the motion carried. Ordinance No. 2, Series of 1974, AN ORDINANCE FOR THE ASSESSMENT, LEVY, AND COLLECTION OF ,A .RECREATIONAL AMENITIES TAX ON THE CONSTRUCTION OF BUILDINGS AND THE CREATION .OF A RECREATIONAL AMENITIES FUND,. was introduced for second reading by the town attorney. `He explained that changes were made with regard to the 'designated official.' who would handle the tax and the rates charged for various: zoning designations. Section 5 was changed so that a recreational amenity could be built on public property rather than the land the owner is building on. Councilman Steinberg suggested that no credit should be given to classifications SFR, R and A since the credit is already built into these categories . Therefore, Section 7D was amended to read "no credit will be allowed for the three categories : SFR, R and A" . Mr. Minger commented that monies collected from the recreation tax will be allocated to a special fund, audited, and funds will be used for development of recreational amenities in the area where the money was collected. Council- man Donovan moved to adopt Ordinance No. 2; Councilman Staufer seconded; Councilmen Donovan, Staufer, White , and Steinberg voted in favor; Councilwoman. Klug voted against; the motion carried. 19 February 1974 Page 3 i Resolution No. 5 , Series of 1974 , a resolution regarding the proposed annexation of a portion of the Bighorn area to the Town, was introduced by the town attorney. With the submission of 119 inclusionary petitions to the Town of. Vail, 53% of the land area in the portion to be annexed is represented in favor of annexation. Mr. Smith explained that the Town Council should now determine whether such annexation would be in accordance with the CRS Section 139-21-6 (l) . If so, a public. hearing should be scheduled . for April 2 , 1974. Mr. Craig Lewis, attorney representing Bighorn Junction Ltd. , charged that there are several technical errors with regard to the i.n.clusionary petitions. The town attorney answered charges regarding computation of condominium owned land; certification of the annexation plat; correctness of the legal description and verification of signatures on the petition. A motion was made by Councilman Staufer to approve Resolution No. 5; seconded by Councilman White; the vote was unanimous in favor; and the motion carried. With regard to a request from Jim Martin, of Lionshead Lodge, for a parking variance of 10' spaces ► the Council generally favored further study. of the matter. Councilman Staufer noted that since 25% of the required parking is involved, the Council should take the 20 days allowed for their decision.. . The Planning Commission will make a report by the end of February on the zoning ordinance. A public hearing will be held on March 19 `for reconsideration of the request. Councilman Donovan moved that the matter be tabled until the March 19th meeting; Councilman Klug seconded; the vote was unanimous in favor, and. the motion, carried. With regard to the Cable TV .Proposal prepared by the Staff, the Mayor commented that the Council will peruse it and report on the contents at the next Council meeting. According to requirements of state law, Ordinance No. 3, Series of 1974 , AN ORDINANCE RELATING TO THE ISSUANCE OF ITS GENERAL OBLIGATION BONDS , SERIES MARCH.. 1, :1974 IN THE PRINCIPAL AMOUNT OF $5,000 ,000.0'0 BONDS DATED MARCH 1, 1974 , was read in full by the Bond Attorney, Mr. Daniel Lynch. Councilman White moved to approve Ordinance No. 3 on first reading; Councilwoman Klug seconded the motion; the vote was unanimous in favor; and the motion carried. The Town Clerk was instructed to have Ordinance No. 3 published as approved on first reading. Since there was no further business , the meeting was adjourned at 1:00 A.M. TOWN COUNCIL TOWN OF VAIL Attest: Bye yor t Town Clerk f' Z . MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF.. VAIL 5. MARCH .1974 The regular meeting of the Town Council of the Town of Vail' ... Colorado, was convened at 7::45 P.M. . in the Council Room of the Vail Municipal Building, Mayor John Dobson and the following councilmembers ":were . present: Joseph Langmaid Josef Staufer John Donovan Kathy Klug Tom Steinberg Gerry White Also present were: Terrell J. Minger, Town Manager Gene A. Smith, Town Attorney Ordinance No. 3, Series of 19:74 , AN ORDINANCE RELATING T4 THE' ISSUANCE. OF ITS. - GENERAL OBLIGATION BONDS, SERIES MARCH 1, 1974 .IN `THE PRINCIPAL; AMOUNT OF $5 ,:0000.00...OQ BONDS DATED MARCH' 1i -1974". was introduced on .second reading. Councilman Donovan moved 'to adopt the ordinance; Councilwoman K1ug seconded the motion; the vote was unanimous. in ,.favor; and the motion carried. The ,Town Clerk was instructed to have the ordinance publis'hed",as adopted. Ordinance No. 4 , "Series of1974 , AN ORDINANCE REZONING THE VAIL/POTATO .PATCH TRACT AND AMENDING" THE OFFICIAL ZONING MAP, was introduced on second reading. Cquncilman Steinberg moved to adopt the ordinance, Councilman .Donovan seconded the motion; the vote was unanimous in favor;.. and the motion carried. The Town Clerk. was instructed to have the ordinance published as adopted • Resolution No. 6, Series of 1974 , a resolution urging passage of House Bill 1156. and defeat of other,.-pending bills by the Colorado General Assembly, was 'introduced. The town manager explained`- that this bill would enable the creation of urban service areas throughout the state and the preservation of knownurban areas. It would also define limits of growth-In the state. Councilman Staufer moved to approve the resolution; Councilman .Langmaid seconded the motion; the vote was unanimous .in favor; and the motion carried With regard to Tracts 'A .and B.f the Northwoods project proposed by Vail Associates , Inc,. , Mr. .Mi.nger read a summary of the envirpnmehtal_ impact statement prepared for the project. He explained that this report is paid : for by the developer, but ;,the consultant i.s chosen by the Town. In the study, social,' economic and physical impacts are reviewed. Mr. Wright reported that conceptual approval, was given to Building A on February 28 , 1974 , by' the Design Review Board He re-iterated the purpose of the presentation. --• .mow � r- 4' 5 March 1974 Page 2 • at this meeting: to incorporate the design into. a special district and secondarily, to get approval of the first building under HDMF zoning. Discussion followed regarding density, traffic, avalanche studies and future plans for a chair lift in the area. The Mayor commented that he had received several comments from citizens against the density of this project and urged opinions to be brought forth by the public on this project. It was the consensus of the Council that Tract A should be looked at more thoroughly before a final decision is made `Ia �: x ,:Associates�',:was then told to proceed with details of the project for Tract B.. With regard to a Conditional Use Permit to further expand the golf clubhouse facili ties, Mr.. `Slifer, Chairman of the Vail Metropolitan Recreation District was present to outline the additions to be made this year. He 'noted that negotiations are underway with Vail Associates. for use of the golf course for cross-country skiing. VA has agreed to waiver current lease payment on the property. The area would be kept open to the .public . at no charge ,..M in the winter. He .also explained the need for a $400 ,000 . 00 bond issue for the District for the purpose of building tennis courts and paying for the expansion of the clubhouse. . The Council was polled on the matter. All members favored the bond election, with Councilman White abstaining due to his membership on the Recreation District Board. With regard to requests by Vail Resort Association for funds: for a special summer advertising effort,-`Councilman Staufer' moved to approve up to $15 ,000 .0o. to defray. summer"ad- vertising costs incurred by VRA; Councilwoman Klug seconded the motions the vote was unanimous in favor; .and the motion carried. With regard to a request for continued funding for Colorado . Rivers Council, the Council favored a donation of $500 ,00 per month for the remaining ten months of 19,74.. Councilman . .. Donovan moved to appropriate the .money; Councilman. WhitP seconded the motion,• . the vote was unanimous in >favor; and the motion carried. Mr. Minger then commented that he has received a letter regarding the Sister City Program. Sister. Cities International has recommended that Solders, Austria be ,considered as a sister city for Vail due to similarities as mountain resort areas. Councilman Staufer moved that Vail pursue the implementation. oif ;`a ,Sister City Program; Councilwoman Klug seconded the ,motion' .the vote' was: uri.in�.�nous in favor and the motion carried. As there was no further business , the meeting adjourned at 10 :00 P.M. ATTEST: or Town Clerk MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF .VAIL 19 MARCH 1974 The regular meeting of the Town' Coun.ci.1 of the Town of Vail, Colorado, was convened at 7 :45 `.P.M. in- .the Council Room of the Vail Municipal Building. Mayor John Dobson and the following councilmembers . were present: Kathy Klug Josef Staufer Joseph Langmaid Tom Steinberg Gerry White Absent from the meeting was Councilman Donovan. • Also present were: Terrell J. Minger, Town .Manager Gene A. Smith, Town Attorney The Town Attorney reported that the term of appointment ..: for the municipal court judge for the Town of Vail, Judge Gerard, is still under consideration. With regard to a request from Lionshead Lodge for a Conditional Use Permit for an accounting office in that building, the zoning administrator stated that there are no technical problems involved. Mayor Dobson noted that the Council is familiar with this request, and the Planning Commission has recommended approval of the permit. Councilman Steinberg moved to, approve the Conditional Use Permit; Councilman White seconded the motion; the vote was 'unanimous in favor; and the motion carried. . With regard to the rehearing of a parking variance request for Lionshead Lodge, the Mayor noted that the Council and Planning Commission met in work session this afternoon to discuss the matter. Mr. Jim Martin commented that it is a question of either having parking or . land- scaping, in his opinion. The consensus of the .Counc l was that the variance be granted with a yearly review of the parking situation of that lodge. Councilman'.Steinberg suggested that the review b.e initiated by the Town and conducted on a regular basis, covering all similar parking variances Councilman Steinberg moved to grant the variance subject to yearly review; Councilman Langmaid seconded the motion; the vote was unanimous in favor; and the motion carried. 19 March 1974 Page 2 With regard to a request for a variance for Crossroads at Vail East for a setback on the east end of the property and involving the diagonals, Councilwoman .Klug .. moved that appoval be "given" as recommended by the planning Commission Councilman White: seconded the motion; the vote was unanimous in favor; and the motion carried With regard to a gross residential floor area variance for the Jay Utter residence, a memorandum from. the Design Review Board indicated their approval of the request. Councilman Staufer moved to approve the variance; Councilman White seconded the motion; the vote was unanimous : in favor; and the motion carried. Councilman White commented that public hearings should be held this summer regarding future uses of the Antholz property. As there was no further business, the .meeting was adjourned at 8 :45 P .M. Or ATTEST: Town Clerk .x . MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL APRIL 16 , 1974 The regular meeting of the Town Council of the Town of Vail was convened on April 16 , 1974 , at 7 :40 P.M. in the Council Chambers of the Vail Municipal Building . Mayor John A. Dobson and the following. councilmembers were present : Josef Stauf er John Donovan Kathleen Klug Joseph Langmaid Gerry White With regard to the Town of Vail Audit Report for 1973, Mr. Jerry McMahon of the firm McClave, Wall and McMahon , was present to report to the Council his findings. He stated that it was a clean opinion audit with no exceptions and no problems, and that copies of the audit will be available in the Finance Department through Stan Bernstein. Mr. McMahon commented that Mr. Bernstein will be preparing a complete financial report of the Town of Vail and the various districts and that report should be ready within 60 days . He noted that his firm represents both the taxpayers and the Town Council dually. He reported that the Town of Vail was one of four municipalities in Colorado to receive the Municipal Finance Officers ' Association award and the audit report for 1973 will be filed with MFOA in Chicago. ORDINANCE NO. 5, Series of 1974 , AN EMERGENCY ORDINANCE ADOPTING BY REFERENCE, AS AMENDED, THE UNIFORM BUILDING CODE 1973 EDITION, UNIFORM MECHANICAL CODE 1973 EDITION, UNIFORM PLUMBING CODE 1973 EDITION, NATIONAL ELECTRICAL • CODE 1971 EDITION, AND UNIFORM FIRE CODE 1973 EDITION, PROVIDING THAT SAID CODES AND AMENDMENTS BE AVAILABLE FOR INSPECTION AT THE OFFICE OF THE TOWN CLERK, AND SETTING FORTH THE PENALTY CLAUSES FOR VIOLATIONS OF SAID CODES , was introduced by the town manager. He explained that up-to--date codes are adopted by the Town of Vail as available and that the building department has amended these codes to apply more specifically to the Town of Vail . Mr. Jerry Aldrich, Building Inspector, and Michael Carlisle, Fire Chief , were present to answer any questions from the public . Mr . Aldrich stated that the intent of the building department is to achieve compatibility between the various codes. Councilman Donovan moved to approve Ordinance No. 5 , as an emergency ordinance ; Councilwoman Klug seconded the motion; the vote was unanimous in favor; and the motion carried. Mr. Minger then announced the results of the Vail Metro- politan Recreation District Bond Election - with 60 votes in favor of the bond issue and one dissenting vote. • Minutes April 16, 1974 Page 2 With regard to the consideration of a request for an attached parking structure variance for Montaneros II , Mr. Jim Cunningham, owner of the property, was present to explain his request . In order to keep the elevation of the building at a minimum he requested a variance for bermed parking separate from the building itself . Councilman Donovan moved to grant the variance with parking adjoining the structure; Councilman Staufer seconded the motion; the vote was unanimous in favor with Councilwoman Klug abstaining from the vote; and the motion carried. Resolution No. 10, Series of 1974 , a resolution approving the memorandum of agreement concerning the operation of the municipal bus system, the dedication or sale of certain parcels of land to the Town, and various additional arrangements , was introduced by Mayor Dobson. The town manager provided details of the agreement, stating that the document is a preliminary one between Vail Associates., Inc . and the Town of Vail . He commented that although some of the parcels of land are not yet tied down, the purpose of the agreement is to show good faith to enable Vail Associates to take some necessary steps in terms of the bus operation and so that we can acquire some of the land. The town manager commented on the importance of the various parcels of land, including Site 24 whereon the A-frame is located and the land on which the public service building is situated.. Also included in the land exchange would be a 23- acre parcel opposite the golf course, which would remain open space and perhaps be designated a municipal park in the future; a parcel in Potato Patch in Sandstone 70 where a Tot Lot will be constructed during the summer of 1974 ; the Mountain Bell site adjacent to the relay station for Mountain Bell , perhaps a future location of a day-care center . The land exchange would also include some parcels which have not been totally designated at this time. Mr. Minger then reported that the Town would begin maintaining and running the shuttle bus system; construct extensive bicycle paths throughout the town ; con- struct , if possible, a pedestrian overpass from the Lionshead area to Sandstone 70. Councilman Donovan referred to Section 12 of the agreement and asked that the dedication of the pond area be tied down to being on or before April 1 , 1975, so that the stream tract area can be more uniformly designated. After some further discussion of the document , the town manager re- marked that it is being presented to the Council for conceptual • approval only. Councilman White moved to approve the resolution; . Councilman Donovan seconded the motion; the vote was unanimous in favor ; and the motion carried. 11 Series of 1974 a resolution ratifying the Resolution No. , contract for the municipal parking structure, was introduced by the Mayor . The town manager explained that the document authorizes the mayor & the town manager to approve an amendment to the contract for the construction of the Vail Transportation Center. He noted that on November 26 , 1973 , the Town Council approved the allocation of portions of the $5 . 5 million for the building of the transportation center - for the concrete , pre- stress portion of it . Firm bids were not yet submitted so that the contract could not be awarded in its entirety. He stated that the contract is under the authorized and budgeted amount . The contract is with Hyder Construction Co. of Denver, and the project is ' on schedule' , except for the moving of utilities in the area due to inclement weather. The Mayor stated for the record that with this slight delay in relocation of utilities the entire parking structure may not be available as of the start of the ski season - 70 per cent of the structure should • be useable by that time, however. The terminal itself will not be completed by the start of the 1974-75 ski season. Minutes April 16, 1974 Page 3 Councilman Donovan moved that Resolution No. 11 be approved; Councilwoman Klug seconded the motion ; the vote was unanimous in favor ; and the motion carried. ORDINANCE NO. 6, Series of 1974 , AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT 2 AND AMENDING THE ZONING ORDI- NANCE OF THE TOWN, THE OFFICIAL ZONING MAP, AND THE BOUNDARIES OF THE ZONING DISTRICTS PERTAINING TO THE AREA OF THE SPECIAL DEVELOPMENT, was introduced on first reading. The town manager explained that the ordinance specifically ties the developer down in terms of having to do certain things in the construction of the project . Requirements of the developer would include : a development plan with approval of the Design Review Board required; an Environmental Impact Report ; a site plan scale; preliminary building elevations ; architectural model. Density of the project will be limited 'to 135 units . The town manager then outlined conditional and permitted uses for the project . The lot comprises 7.643 acres . Councilman White asked to strike the Residential zoning from the ordinance and allow only Single Family Residential , stating that was his understanding of the agreement that had been reached. Jen Wright stated that it was his understanding that a final decision had not been reached regarding the two types of zoning, but would be discussed further. Councilman Donovan commented on the acreage, stating that it was his original understanding that the project would include 5. 5 acres, but is now listed as 7. 643 . He asked for 'clarification from Jen Wright who commented that he had spoken of 5 one-half acre lots, not 5 . 5 acres. Jen Wright then remarked with regard to the SFR and R zoning, noting that there would be further discussion of the matter between first and second readings of the ordinance . Councilman White commented that he would still like to see R stricken from the document . Councilwoman Klug then referred to the Recreational Amenities Tax requirement and was of the opinion that the phrase, "in accordance with credit system" be added to clarify the statement. Referring to Item #10, Councilwoman Klug requested that "the remaining portion of Tract A" be inserted for clarity. Councilman White then requested that the ordinance be approved with the two words "or R" stricken from it and he asked for the opinion of the other members of the Council . Councilman Staufer commented that he agreed with Councilman White and, additionally, is of the opinion that if the entire 7 .6 acres is put into SD2 the Town will lose the option to negotiate for Tract A for a summer sports field. Jen Wright stated that the land in question would not go on the market until an agreement is reached between Vail Associates and the Town . A decision was temporarily delayed until later in the meeting after certain statistics concerning acreage could be determined specifically. Resolution No. 13 , Series of 1974, a resolution regarding the proposed Eagle County zoning regulations, was introduced and Mike Blair, Eagle County Planner was present to state his ap- preciation of the backing given the ordinance by the Town of Vail. He noted that the county' s job now is to get public support and that a public hearing of the Eagle County Commissioners would take place on May 30, 1974. Councilman Steinberg moved to approve the resolution; Councilman Langmaid seconded the motion ; the vote was unanimous in favor ; and the motion carried. • Minutes April 16, 1974 Page 4 Resolution No. 9, Series of 1974 , a resolution regarding the proposed annexation of a portion of the Bighorn area to the Town through an annexation election, was introduced by the Mayor and explained by the town attorney. The resolution had been tabled at the April 2, 1974 town council meeting. The town attorney then re-stated the present status of the Bighorn annexation proceedings . The complete transcript of the dis- cussion which followed is attached hereto. (Attachment A) Councilman Staufer moved to approve the resolution; Councilwoman Klug seconded the motion; the vote was unanimous in favor; and the motion carried. The Town Clerk was then instructed to have the ordinance published as required under the annexation statute. The Town Council then returned to the matter of Ordinance No. 6 regarding Special District 2. Councilman Donovan moved to approve the ordinance as amended, adding the words , "at the discretion of the Town Council to the end of Section 10'.' ; Councilman Steinberg seconded the motion; the vote was in favor, & the motion carried. ORDINANCE NO. 7, Series of 1974 , AN ORDINANCE APPROPRIATING FUNDS WITH REGARD TO THE PLANNING CONTRACT PROPOSED BY ROYSTON, HANAMOTO, BECK & ABEY, on first reading, was not yet prepared by the town attorney as listed on the agenda. Therefore, the Mayor asked for a motion approving the Memorandum regarding the expenditure and explained that it would be sup- plemented by an ordinance at a future date . The town manager asked for a motion to approve his Memorandum to the Town Council regarding the March 26 , 1974 planning contract in the amount of $50,640. 00 from the Royston firm. Councilman Donovan moved to approve the town manager ' s Memorandum; Councilman White seconded the motion; the vote was unanimous and the motion carried. Resolution No. 12, Series of 1974 , a resolution regarding the Village Center and a parking variance request , was introduced by the Mayor. The town attorney stated that it is a draft agreement and will be re-worked before it is executed .by the Mayor. The agreement incorporated into the resolution deals with landscaping and plaza specifications. Councilwoman Klug moved to approve the resolution which approves the Village Center agreement with the Town of Vail ; Councilman Donovan seconded the motion; the vote was unanimous in favor; and the motion carried. Councilman Donovan inquired about the present sign application made by the Hilton Inn, stating that it is 40 square feet which is 100% greater than the sign code allows. The town attorney stated that he would communicate the feelings of the Town Council to the Design Review Board, that the Town Council recommends staying with the size requirements of the existing sign ordinance. Councilman Donovan remarked that anything greater than the allowed 20 square feet would set a poor precedent . The town attorney suggested that the .Town Council vote on the matter and forward a letter to the Design Review Board regarding the Hilton sign. However, it was the consensus of the Council simply that they convey their concern regarding an oversized sign request . Minutes April 16, 1974 Page 5 The town manager then commented on the Town Council ' s decision to hire Eve Nott and Susan Hanson for a summer nature project , utilizing the Antholz house on that property as a Nature Center. The house will be renovated by the Town of Vail and used during the summer as a nature museum and for various other related projects . As there was no further business , the meeting was adjourned at 10 : 05 P.M. RE--CONVENE AS LOCAL LIQUOR LICENSING AUTHORITY With regard to the decision concerning the Vail Village Liquors, Inc. application for a retail liquor store license, a poll was taken of the members of the Authority : Mr. Donovan, Mr. White & Mr. Langmaid voted against ; Ms . Klug and Mayor Dobson voted for; Mr. Staufer abstained since the proposed location would be in his building. The application was, therefore, denied. As there was no further business , the meeting was adjourned at 10: 10 P.M. Mayor ATTEST: Town Clerk Minutes April 2, 1974 Page 3 ' business the meeting was adjourned As there was no further g at 10 : 20 P.M. RE-CONVENE AS LOCAL LIQUOR LICENSING AUTHORITY The transcript of the public hearing concerning a request for a retail liquor store license from Vail Village Liquors , Inc . to be located in Units 46 and 48 of the Vail Village Inn is attached hereto in its entirety. (Attachment B) _i i IN THE DISTRICT COURT IN AND FOR THE COUNTY OF EAGLE STATE OF COLORADO Civil Action No. 2324 VAL d' GORE, INC . , ) a Colorado corporation , ) and PITKIN CREEK, INC . , ) a Colorado corporation , ) in behalf of themselves ) and all others similarly ) situated, } TRANSCRIPT OF HEARING BEFORE Plaintiffs, } TMTN COUNCIL, TOWN OF VAIL, COLORADO VS . ) T011.N, OF VAIL, CO�,O.I?aD.0, ) a municipal corporation , ) et al , ) Defendants . ) Come now Town of Vail , Colorado, et al , Defendants above named, by their attorney, Gene A . Smith, and certify on information and belief that this is a transcript of the hearing before the Town Council of the Town of Vail , Colorado, held on � F the 16th day of April , 1974 , regarding the proposed annexation of a portion of the Bighorn area to the Town of Vail . Index, to names set forth on the Left margin of the transcript is as -follows : DOBSON: - John A.' Dobson, Mayor, Town of Vail, Colorado • MINGER : Terrell J. Minger , Town Manager SMITH : Gene A. Smith, Town Attorney STAUFER: Josef Staufer , Town Councilman KLUG : Kathy Klug, Town Councilwoman The transcript which was prepared by the Town Clerk of the Town of Vail , Colorado , is attached hereto. DATED : Vaal , Colorado, February 27 , 1975. F-7' S}Attorney Town of Vail., Colorado P. 0. Box 100 Vail , Colorado 81657 Telephone No . (303)476-5613 Attorney for Defendants I u L l on Series of 1-974 , adopted by Toren Council on April 16 , 1974 DOBSON : Okay. The next ordinance to be considered �• is an ordinance establishing special whoops these numbers are all wrong. MINGER: Yes , the numbers are screwed up . Which number is' . . . SMITH: Are you talking about the annexation? MINGER : Yes . SMITH : That ' s Resolution No. 9 . DOBSON : We ' ll consider Resolution No. 9. i SMITH: I haven '.t seen an agenda , but I think that probably the numbers on the ordinances and resolutions should be correct . DOBSON : Okay , regardless of the number of it , let ' s talk about the Bighorn annexation . WITH: Yes . The situation as we know from previous meetings , is that on February 10th a certain number of landowners of the Bighorn area filed the first annexation petition with the Town Clerk , and that was duly processed and then on March 22nd, ten days prior to the public hearing established by Resolution • No. 5 , Series of 1974, that is the hearing on the first petition , there was filed a second petition called a petition for an annexa- tion election , and it has now been determined , T believe , that the election petition was signed by at least 100 of the qualified electors who are resident in . and landowners of the area proposed to be annexed. The Toren Clerk has , or did, that is , on April 2nd , refer the election petition to the Council. which did on that day consider both petitions , and the matter was referred and continued for further hearing today . The Council has since considered this entire matter in two work sessions today and a week ago, and now the position of the matter is that assuming the Council considers it to be appropriate , it would find the election petition to be in substantial compliance with Section 139-21-6 , subparagraph 2 of the Colorado Revised Statutes 1963 , and in the event it ' finds the election petition in substantial compliance: with that section , which means -that it would just be prima facie . a satisfactory petition , then within the range of 30 to 60 days after this meeting , the Council would have a - second hearing on that election petition , and I would propose that that hearing be held on . June 4th , which would be the first meeting that the Council would have after tonight , and it will be in that proper range - not less than 30 nor more than 60 days following this meeting , and at that time if the Council further found that the election petition would be in compliance with additional provisions of the annexation statute , that would warrant the Bighorn area as being entitled to be annexed , then the Council would direct me • to present that petition to the District Court of Eagle County which mould presumably appoint three commissioners to conduct and annexation election , and I would estimate that that election would probably be held in the latter part of July . Because .the petition would be presented to the Court probably some«-here. 13etN;reen the 5th and the 15th of June , and it would probably be at least six weeks before the election could be held -- primarily due to the fact that there is such a large percentage of non- resident landowners , and there will be a serious problem in conducting the election properly because of the problem of absentee ballots and so forth. So the situation tonight is about where we were back on February 19th when you considered the first petition. This is simply , for practical purposes , the time when the Council will. determine whether the election petition is in substantial compliance with the statutory section that relates to that particular type of petition. DOBSON: Okay , so the action that we could take tonight would be to approve this resolution which would set up the mach- inery which you' ve outlined and also a second hearing. SMITH : Right . DOBSON : Or would it be a first hearing? SMITH: No , i.t would be the second Bearing to find that the petition is in comic] i anc;r; %•.,i th additional provisions making; the territory proposed to be annexed eligible for annexa- tion . After it has been found that the area is eligible for annexation , which I think is already considered to be certain , then the matter will be presented to the Court . But it ' s necessary to go through these two proceedings. r DOBSON : Okay , any comments from the Council? Are there any comments from the floor? (UNKNOVIN) : Yes , I would like to know what will happen to the people who will be out of town and cannot receive the absentee ballots. SMITH: Well , I think that that would probably be up to the commissioners . That ' s the reason the Court will appoint co:::: :i.ss ion ers to control all aspects of the election , iso it ' s rather difficult for me to predict exactly what steps they would take ,' but I 'm sure , in view of the fact , that through- out the suinmer it is known that many resident landowners are absent from the jurisdiction that special arrangements could .be made , such as the commissioners obtaining an order if necessary from the District Court enabling landowners to give a power of attorney , a special power of attorney , to somebody else to cast their vote for them, or possibly even to have a ballot mailed to them in someplace other than -their normal place of residence or there are all sorts of arrangements , power of attorney , some special.. address where the ballot could be mailed at a certain • time -- you know, the person would just have to know where they would be. I would imagine that because it is estimated that SOo of the landowners are non-residents to begin with and are not people who are here locally , that this as going to be a complex matter and there will be many special arrangements that will be made by the commissioners , and if necessary , approved by the Court . You can be sure that we will raise these points . DOBSON: We ' re just checking a date here. So this resolution would be passed on first reading , and the June 4th date is set for the hearing. SMITH: Yes.. I 'm sure it is. DOBSON : It is . That ' s what we ' re checking now. It is set for the ( inaudible) that would be the second reading of it . A Are there any other comments or questions from the floor? From Council? If not , then I ' d entertain a motion to approve Resolution No. 9. STAUFFR : So move. KLUG: Second. DOBSON: Moved and seconded - all those in favor? COUNCIL: Aye . SMITH : Cindy , this is a resolution now that needs to be published. DOBSON: The resolution stands approved. (END) f i MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL APRIL 2, 1974 The regular meeting of the Town Council of the Town of Vail was convened on April 2 , 1974, at 7 :40 P.M. in the Council Chambers of the Vail Municipal Building. Mayor John A. Dobson and the following couneilmembers were present : Josef Staufer John F. Donovan Kathleen Klug Thomas Steinberg Gerry White Joseph Langmaid RESOLUTION NO. 7, Series of 1974 , .a second resolution regarding the proposed annexation of a portion of the Bighorn area to the Town , was introduced and explained by the town attorney . After considerable discussion and dissent regarding the validity of the document , no action was taken on the resolution. The transcript of the proceedings concerning this resolution are attached here- to. (Attachment A) RESOLUTION NO. 8 , Series of 1974 , a resolution suspending the regular meetings of the Town Council in May, 1974 , was introduced and renumbered as Resolution No. 7. Councilman White moved to approve the resolution; Councilman Langmaid seconded the motion; the vote was unanimous in favor and the motion carried to suspend regular Town Council meetings during May. RESOLUTION NO. 9, Series of 1974 , a resolution extending the term of the Municipal C curt Judge, was introduced and renumbered as Resolution No. 8. The town attorney ex- plained the document referring. to the Home Rule Charter and the Town Code of Vail . The Court will operate as a regular Municipal Court rather than a ' court of record' . The town attorney therefore recommended extending the present judge' s term until a new judge could be found. Councilman White moved to approve the resolution ; Councilman Langmaid seconded the motion ; the vote was unanimous in favor; and the motion carried. RESOLUTION NO. 10, Series of 1974 , a resolution approving the capital improvements and planning projects contract with Royston, Hanamoto , Beck & Abey, was tabled until the April 16, 1974 town council meeting. With regard to voucher lists for January, 1974 , Councilman Steinberg moved to approve them; Councilman White seconded the motion ; the vote was unanimous in favor ; and the motion carried. Minutes April 2 , 1974 Page 2 • With regard to a request by Vail Associates , Inc. for an offset variance for Tract B, Building A, known as the Northwoods project , Jim Lamont explained that the Planning Commission favors the granting of the variance . Jen Wright , Vail Associates architect , explained the details of the off- set problem and used a drawing of the building and land area to illustrate. Councilman Donovan moved to approve the request ; Councilman Staufer seconded; the vote was unanimous in favor; and the motion carried to approve the variance. With regard to a request for a setback variance and building bulk control variance for the Mark Resort and Tennis Club, Mr. Rod Seawright, architect , was present to represent the owner , Mr . Kaiser Morcus . Jim Lamont stated that the Planning Commission is in favor of granting the variance. Councilman White stated that he is opposed to granting a setback variance of the sort because the building encroaches on the green space. Councilman Staufer commented that if most of the buildings under construction need variances why isn' t the zoning ordi- nance reevaluated and changed? The town attorney stated that a strong zoning law is better than a weak one where no vari- ances are needed. He noted that the request is in two parts. Councilman Donovan moved to grant the variance for building bulk control ; Councilwoman Klug seconded the motion; the vote was unanimous in favor ; and the motion carried. Councilman White remarked that the zoning ordinance should be amended to indicate the intent of the ordinance. Concerning the second part of the request, Councilman Steinberg suggested that in order to save the green space the building bulk could be cut down. He commented that both green space and space between buildings are desirable and should be respected. Council- woman Klug noted that she has inspected the Mark building and feels it is too close to the road. Councilman Steinberg moved to reject the setback variance; Councilman Staufer seconded the motion; the vote was unanimous in favor; and the motion carried to reject the setback variance request . With regard to a request for a variance for parking not within the building and an offset variance for Montaneros II . It was explained that the parking structure for the building is bermed but required parking would not be within the building. Jim Lamont commented that the Planning Commission favors granting the variance since the Montaneros II building is too small to fit the required parking under the building. Councilman Donovan moved to grant the request ; Councilman White seconded with a provision requesting that landscaping be required as part of the approval and that the building permit be issued only after a landscaping plan is submitted. Councilman Donovan then retracted his motion and asked that further study be made regarding need for more car space. The matter was tabled to the April 16, 1974 meeting. The town manager reported that Vail Associates will restrict parking in the Gondola I lot behind the village to non- employees . He explained the working of the new shuttle system and stated that the Lionshead lot would be available for employees. Although the bus system would use the alter- nate route behind the clinic and the Public Service building to Lionshead that route would not be open to all traffic since it is on private property. Attachment A li4•;1ri i�<; ���` 1'��7. r t hf:, Town COIInc'i2 re .ard.inf;. landoxners ' petition for annexation of a portion of Bighorn area to the Town - April 2 , 1974 DOBSON: The number one matter on the agenda, which I skipped, we can now entertain the Resolution No. 7 , Series of 1974 , a second resolution regarding the proposed annexation of a portion of the Bighorn area to the Town . Mr. John Diann has approached the table and explained to me that he is a representative for , I believe , firs . Carmody and Mr. and Mrs. Richards . John , is that correct? Thanks , John . And that he would like an opportunity to speak at some time. I thank it might be helpful to all of us if we first went over the resolution , John , and I ' ll be more than glad to entertain any comments that you have. Perhaps , then , the best thing to do now would be to ask our Town Attorney to explain the resolution, which of course the Town Council is familiar with . A letter regarding the general situation has been sent to each ' of the people who have petitioned for an election with explana - ' i �i tions , but in case you aren ' t familiar with it , I will ask Gene and then if Terry or any of the other staff members have a comment on it , we' ll entertain that . Gene , will you explain the resolution in r ' b ref , and then we can entertain questions or t, comments from the Council or the audience. SMITE All right . There are two basic aspects of �g this situation because there are two petitions concerning a proposed annexation which had been filed. The first petition which was filed is so-called "land-owners" petition , which was } 9 filed on February 19 , 1974. At that time, the petition had been k' .signed by 119 persons who were owners of land in the Bighorn t area , which is the territory proposed for annexation . The Council in its regular meeting on that same. date , February 19th , found the petition to be in substantial compliance with the } requisite provisions of the Colorado ' annexation .statute , which is Chapter 139 , Article 21 , of the Colorado Revised Statutes 1963 , as amended . In that resolution approving, that was Resolution No. 5 , Series of 1.974 , which approved the first petition . Tonight , April 2nd, was scheduled as a public meeting to further consider that petition . In the interim there was filed, secondly with the Clerk of the Court , a petition for annexation election . ` This was filed on March 22 , 1974 , which was the last date for the filing of such a petition . The petition is in the same form as the land--owners petition ; that is , it consists of separate pages , each of which is signed by one landowner , or in this case, since there is a slightly different qualification to sign the election petition as the landowners petition or to vote in an annexation election , the difference being that to sign an election petition a party must be a so-called "qualified elector" within the meaning of the annexation statute . But at any rate , there are ten separate inclusionary petitions , which together comprise the petition for annexation election. Of the ten parties that signed the election petition which was filed on March 22nd as of March 26th , four days after the filing of . the original election petition , two of the ten petitioners voluntarily withdrew their names from that petition , thereby effectively amending it . This left the number of petitioners on that petition as eight , and in my judgment , I felt that three of the eight parties who signed the election petition were not qualified to sign it . Two of these • parties were. not landowners within the meaning of the statute . In other words , they have not owned land in the Bighorn area, on which they have paid real property taxes during- the preceding tax year , which would be 1973. These parties, these two , were Ken Richards and Patricia Richards , I believe. The record furnished to me by the County of Eagle Assessor ' s Office did not list either of those parties as being- a landowner , however, it has come to my attention that on �Jarch 14th , of this year appar- ently , there were possibly some deeds that were transacted between those parties , but that was too late to make them considered to be landowners in connection with this proceeding. The other party that was disqualified was one of the Blumbergs , I ' ve for- gotten their first names , but the idea is that , together , Mr. and Mrs . Blumberg own a condominium apartment , and it is my J . position in interpreting the annexation statute that the owner- ship of one parcel of lard by more than one person enables only one of those multiple owners to have a right to vote . In other words , if you had ten parties that owned one condominium unit , ~ they would have to get together and agree on how they would vote , or in the absence of agreeing, they probably would not be able to vote that parcel . So , I don ' t think its for me to say , really , which of the Blumbergs would be qualified. I 'm just saying that at least one of them is not qualified. And , so this left five petitioners that I felt were definitely qualified to sign the election petition . Such a petition must be signed by at least • 100 of the electors or 40 , whichever is less , in a county of 25, 000 inhabitants or less . And, in this case , the lesser of the two figures could be 100. After a thorough check of county records , several different records that would bear on this matter , records pertaining to voter registration and ownership of land in 1973 , it appeared that there were approximately 60 qualified electors within the meaning of the annexation statute. It ' s l possible there might be a few more. Also, it 9_s conceivable there might be one or two less , but at any rate , we think that the best figure that we can come up with is 60. This means that at ' least 6 persons would have to sign an election petition . As the election petition stands, only five parties have properly signed it as far as we are concerned. The Council , however , directed me , and I followed that direction , to send to each of the ten parties originally listed on the petition a notice to the effect that they would be given an opportunity to amend the petition so as , if they wish to obtain the additional signatures that would be necessary to force an election , and consequently , the resolution tonight , among other things , will extend the further consideration of this entire annexation proceeding and both petitions to April 23rd. And this will necessitate a special Council meeting on that date at 7 : 30 P.M. in this same room, and at that time , of course , everyone here tonight and anyone else who is concerned with the issue is invited to come and express their views on the matter . So , this Resolution No. 7 specifically is a finding that the amended annexation • petition , that ' s the original landowners ' petition , is also in substantial compliance with the annexation statute . What happened is that people Dept sending in their inclusionary petitions , so we have simply added ten more to the original 119 , making a total of 129 parties that have now signed that petition . The public hearing on the amended annexation petition will be , as I said previously , April 23 , 1974., at 7 : 30 P . I. There is a finding that at this time , as I have already notified the ten petitioners of the election petition that the election petition is not found to be in substantial compliance with the. annexation statute for the reason that less than 100 of the qualified electors of the area proposed to be annexed signed said petition , that the time within which the amended petition. for annexation election may be further amended is extended through the 12th day of April ,. 1974, ten days prior to the public hearing of April 23rd. In the event the amended .petition for annexation election is further amended, that is if additional, parties sign it , and those parties are qualified to sign it',�J the Council at the same hearing , the same meeting , on April 23rd will of course consider that petition . The reason its necessary to postpone both is because there may not be an amendment to • the election petition . In the absence of that the Council must go ahead and act on the original landowners ' petition , however , if the election petition is adequately amended, then it must be given priority over the landowners ' petition , and that will be done on April 23rd. The Notice of this hearing of April 23rd will be published for four weeks in The Vail Trail. . And also in order to have the public meeting on April 23rd, which was the latest date that it was convenient for the Council to have the hearing this month , it was necessary to meet and go ahead . i and have a copy of this resolution , presuming it would be enacted tonight ; published on March 29th , that was in order to get the four weeks in prior , the four weeks of publication in prior to April 23rd, and it is necessary for the Council to ratify that publication which has already occurred. Otherwise , I have, bad { . i . i prepared a small chart which appears over on the bulletin board • which indicates some of the facts that pertain to this issue which I thought were important . I think everybody can probably read that. There are some 400 pieces of land in Bighorn that are involved in this matter which are owned by about 300 and some odd landowners that 129 of those landowners have through March 20th executed the landowners ' petition , and they represent over 730 of the land in that area. The election petition which has been signed by 5 qualified electors represents 1/2 of 1 per cent of the Land in that area. I think that the Council could well have just denied the election petition outright tonight and could have proceeded to consider the landowners ' petition and would have been' very proper in having done so , however , in its effort to be literally more than fair about this matter , the Council has decided as far as . I am aware to give the election petitioners this additional period of time , through April 12th,. in which to amend their petition and force an election . I per- sonally do not think- an election is going to change the circum- stances. .I don ' t think that considering that this huge a majority. is obviously in favor of an election is going to change in the event the issue is determined through an election. But if an election is what is demanded by 100 of the qualified electors • of this area, an election is what there will be. DOBSON: Thank you , Gene. I ' d just to make a brief preliminary statement before whatever comments there may be from other Council or from the audience . From the outset it has. been. our purpose to be as straightforward and as honest and as complet in our approach to Bighorn annexation as was humanly possible , and I for one am completely convinced- that we have been completely honest and completely straightforward. We have spent a consider- able amount of money on planning advice from the Royston firm, a considerable amount of money in staff time , a considerable amount of thought , and have presented to the people of Bighorn the zoning proposals by which: they would be annexed should they choose to do so. At the time of the election petitions were received , we studied that matter and have taken under considera-- tion t.11e com111CIlLS fz�o:n our Town Attorney . In order to be r completely fair to the people of Bighorn , it is our , has been our policy and is our policy and is announced -by this proposed resolution to make absolutely sure that whatever method is used , be it election or be it the landowners petition , to annex the area of Bighorn involved , -be complete-ly legal , be completely free of flaws and as such perform the most fair service to the people of Bighorn . It is the people of Bighorn in the final analysis , or in any other analysis you want to make , who are involved here . We welcome aanexation . We have 1 done all wa can to provided factual information regarding it . And our decision to allow further time for a questionable An � • because of the questionable nature of the election petition , I would hope would convince even those who seem to be not in favor of annexation that we are determined to act only in a way which will be legal and will be correct in every way and will be in every way fair to the people who, after all , are the ones basically involved. I trust that you all understand,. this and appreciate it . if there are any comments from the Council at this point , I ' d welcome them , and then we' ll certainly open the meeting to any of those who would like to speak from the floor. Are there any comments from Council? Okay , Mr. Dunn has already indicated that he would like to speak. John , we ' d be happy to hear from you. DUNN : Honorable Mayor and Council , my name is Johi. vuni} as .•. �yor Do as indicated to you. I 'm- appearing on behalf of Carol Richards and Kenneth Richards as well as on behalf of Mrs. �iacci Carmody. I first of all would like to commend the Town Attorney on the very orderly presentation which. he made of his position. It makes my work easier to follow his presentation. I also commend him on his chart . I 'm sorry -- I don ' t even have one in black and white. I ' ll do the best I can without . We object to the passage of Resolution No. 7 , Series of 1974 , on two grounds. The first ground on which we object is the deficiency of the resolution itself. The second ground on which we object is pendancy of what we believe to be a valid elects on I)Oti Lion now pending; before this Council - jti'ii h regaz ci to the latter , we feel , as I will .shortly specify in more detail , • that the election petition has been executed b'y an adequate num- ber of electors . 1ith regard to the first ground of our objet-- . tion , we feel that the resolution is deficient, first of all under Section 8 . Section 8 provides that the first publication f of the Notice of Public Hearing on the 29th day of March , 1974 , 1 is hereby ratified by the Town Council . We insist that a publication of a resolution of an act of a municipal hotly cannot take place validly prior to its adoption . In the case of this resolution the first publication was on the 29th of March in The Vail Trail. last Thursday . You are now considering it for the . first time. We submit that that is not legal.. Secondly , we object to the notice provision . We feel that the notice provis- ion is inadequate as it is contained in Section 7 of the resolu- tion. That section provides for four publications , I believe , over four weeks in any event . The statute provides , and I am r}c,t aware of any amendment to it , that the first publication of such notice shall be at least 30 days prior to the date of the hearing. Now, not for a moment conceding that the first publi- cation on March 29th was valid, we insist that , even if it were , you still don 't have 30 days between March 29th and April 23rd. And, therefore , the required 30 days ' notice is not given , and we submit , Ladies and Gentlemen , that the requirement of notice is jurisdictional and that this body may not consider any reso- lution or any petition without the necessary notice as is pre- scribed by statute. For these two reasons we submit that the resolution itself is defective . Its notice is inadequate and its notice was invalidly commenced prior to the actual considera- tion of the resolution. Now, turning to my second point , it is our position that there is a valid election petition pending before this Council. The Town Attorney has outlined for you the reasons why , in his judgment, this petition is at least subject to doubt . It seems to be that it ' s by question . Either j.t ' s a good petition or it ' s a bad petition . We submit that it is a good petition. The first point made by the Town L t Attorney is that two of the petitioners withdrew their signa- tures prior to the filing of the petition , and my facts in that regard may not be accurate , 1 assume , prior to the filing. of the petition. The statute provides , and I refer to 139-21-6 , 1 Paragraph 1 , subparagraph P araTra sub h f , "No person signing a petition for . annexation shall be permitted to withdraw his or her signature - from the petition after the petition has been filed with the Clerk. " I understand that that is incorrect . The signatures were withdrawn after the petition was filed with the Clerk. They may not be. SMITH : Mr. Dunn , does that refer to the landowners' petition or to the election petition. • DUNN: Election petition.. SMITH: What paragraph was that? Was that 139--21-6? DUNN : yes , yes . Now; that . SMITH: That refers to a landowners ' . . . DUNN : yes it does , by adoption under Section 139-21-6 , Paragraph 2 , subparagraph e , "the requirements and procedures, provided for in subsections if and lg of this section shallf,be met and followed in a proceeding under subsection 2 of this section. So, the prohibition against withdrawal of a signature is carried into .the section or the subsection which specifically . deals with axi election petition . ft ' s adopted by reference quite clearly I believe. Now, secondly', it is the opinion of the Town . Attorney that three of the petitioners are not qualified. Two of the petitioners are said not to be landowners liable for taxes . Now, I admit that the possibility of some confusion as a matter of record in the courthouse in Eagle exists here , how- ever , I submit that whatever statements I make now could be substantiated by evidence if the need should be. The Richards , Mr . a :firs . Richards , have engaged in some estate planning , and they have conveyed their property interests back and forth . Nevertheless , within the proper time they have all been land- owners , nd they have all been liable for taxes . We have here ow , a tax notice for 1973 , addressed to Carol S . Richards but relating to property which is now owned by Kenneth Richards • r r and Patricia A. Richards . Now, as you all are well aware , if itaxes are not paid , the owner of the property loses it . In other words , the tax is a lien against the property. The tax being a lien against the property , I think that we must certainly i .. conclude that the owner of the property is liable to pay the tax. Ile cannot very well avoid it otherwise , he loses his property . Now, factually then , we feel that the position of the Town Attorney is incorrect . We also disagree with his reading of the law with respect . . . excuse me just a moment while .I find . the proper section Section 139-21-21 , subsection 8 defines ' landowner , and at the tail end of one curious sentence , inserts the langu,,i ge relied upon , I believe , by the Town Attorney. I ' ll read the entire section , the entire sentence : "The entire area of the land signed for shall. be computed as petitioning for annexation . " Now, that ' s the main part of the sentence. "provided that such signing landowner has become liable for taxes in the last preceding calendar year or is exempt by I.aw from payment of taxes. " We submit , then , that this require- ment of liability for taxes is applicable only in the case 01 the determination of geographical area presented in a petition . Why , I don ' t know. There are a lot of things I don ' t understand � that the legislature does. In any event , that ' s the way I read the darn thing. It is a proviso in that -one odd sentence , perhaps an odd proviso in a fairly reasonable sentence. The Town Attorney applies that proviso to the entire definition of landowner. I just don ' t find that in the statute. Now , even if I did , I would submit that it is an unconstitutional provision . The United States Supreme Court is now quite clear that payment of taxes or any other sum of money as a condition to participation in the electoral process is unconstitutional . The United States Supreme Court has also struck down residency requirements , and I submit that that ' s what this is. It ' s a residency requirement . ,, . provided that such signing landowner has become liable for taxes in the last proceding calendar year " In other words , it says the man has to be liable for taxes , but we ' re going to draw an arbitrary line at the end of 1973. You can ' t do that . I. The United States Supreme Court has said that you can ' t do that . • A third signature on the petition has been . determined to be invalid by virtue of its belonging to one of fwo joint tenants in a particular interest in ,real property . I disagree. The *• statute , which at this point is almost impossible to understand , requires or specifies , "For the purpose of determining the com- pliance with the petition requirements , a signature by any land.- owner as defined in this subsection , shall be sufficient as long as any other owner in fee of an undivided interest in the same area of land does not object in writing to the City Council. of the annexing municipality within 14 days after the filing of the annexation petition. " The statute , as l read it , says that • where you have ,` for example , joint tenants of a piece of property , the husband may sign the annexation petition , and for some reason known only to the legislature , I guess it ' s for orderly procedure , the wife may veto it within 14 days , or vice-versa. But that section does not say that only one may vote , and the definitions of the persons eligible to sign this petition elsewhere in the statute do not contain that limitation . Any landowner may sign the petition so long as he is a resident of the area to be annexed. For those reasons , we insist that the petition is validly signed by ten persons , which is a sufficient number to require this • Council to order an election . Now, we disagree also with the number of signatures necessary. . 60 is the figure that was given. The figure that we have is 47 , and that is based upon a very close research of the records of Eagle County . We have here copies of all the taxpayers or all the property owners , we have the regis- tration lists , and they' re all' current to date. They indicate to us 47 people . That work was first- done on the 22nd of March. 47 was the number come up with. Mrs . Richards has done it again today , and she still comes up with 47 . There are no changes. Now, if 47 is the figure , then we only need five . So, for that • reason also , which is a factual one , rather than a legal one , we insist that there are adequate signatures on the petition. Now, the Council has indicated that those petitioners who have filed this election petition , may have an additional time within i j. which to amcsnd tho i.r petition . They appreciate the caurtesy of the Council but question whether it would do any good. (inaudible) , now. We are not aware of any additional signers . The only factual dispute we have , which perhaps could be resolved t over that period of time , and we would certainly be willing to attempt to resolve it , is as to how many people are eligible out there -- 47 or 60. We would certainly cooperate in any way to determine -to everyone' s satisfaction what the proper number is . We submit that it isn ' t necessary , and apart from that , we don ' t k see any point in delaying this matter further. So far as con- tinuing this matter (inaudible) , I ' ve already stated we feel that at this state is no good. Now, the Town Attorney has stated that the landowners ' petition is in conformity with. the statute. The Richards and firs . Carmody have asked on 'several occasions to be able to view this petition , to examine it to satisfy themselves as to that statement . And, to be frank , they have doubts , which i they would like to satisfy. They have not had an opportunity to examine the petition , and they can request -- I hesitate to say demand; perhaps I should ­ to examine that petition at this time . The Town Attorney has stated that the people who have signed this petition are a small percentage , and that probably an election won' t change the result . None of us owns a crystal ball , and use . don' t know. . The fact that these people are small in number in no way diminishes their rights before this Council as residents of an area proposed to be annexed. They have certain rights by statute , guaranteed by the Constitution of this state , of this nation , and they insist upon exercising those rights . DOBSON : If I may interrupt you , Mr. Dunn , as I said � in my preliminary remarks , this is exactly because we believe just what you said that we have acted the way we have , and if � there if any inference on your part at this time that we are trying to deny those rights , I heartily enter my very heart-felt objection to it . What we are trying to do is to be completely fair , and I want to reiterate that just as often as necessary . Go ahead. DUNN : In summary , nre reel that the resolution pending before the Council is not a valid one for the reasons stated ; that the notice requirements have not been complied with - cannot be at this point ; and we state further that there is a valid petition pending -- valid election petition pending before this Council on which there are ten valid sign- atures , which :e feel , though small , ought to be recognized. DOBSON : Thank you , fir. Dunn . I think perhaps the first thing to do now is to ask Mr. Smith to answer for the Council ' s consideration some of the points brought up by fir. Dunn . SMITH : Before I do that , I `mould like to ask Mr. Dunn a few questions . DOBSON : Certainly . SMITH: Are you prepared to answer a few questions as well as make statements? DUNN : If I can. S14ITH: T have read in the newspaper that your clients stated that 63 qualified electors exist in that area, Would you deny that? RICHARDS, C. M : (inaudible) SMITH: I see. Will you turn over your computation of that to the Town Clerk at the conclusion of this meeting? We'd like to check that figure. Are you prepared to do that? DUNN : Certainly , perhaps in exchange for the land- owners ' petition . DOBSON: We ' ll come to that point in due time . SMITH: That was my next point , as a matter of fact . I would say= that speaking for -myself , -that none of those parties that you represent ever made one single request of me to view that petition . Had they asked to do so , we would have furnished it to them immediately - of course , in our office , not out some- place where it could be damaged. The Town Clerk has informed me , and she is of course the custodian of the document for the Council , that no request was made of her . What I am wondering is who these parties allegedly made these repeated requests to that were denied.. DOBSON ; hlrs . Richards or Mrs . Carmody? RICHARDS or CARMODY : (inaudible) SMIT11: Who did you talk to? RICHARDS or CARMODY : (inaudible) DOBSON : Let ' s have your statement , because the allegation has been made by your attorney that you have been denied access to this petition. is that true , or is it not true? RICHARDS or CARMODY: I don ' t think Mr . Dunn meant we ' d been denied it . DOBSON: Mr. Dunn , did you mean that they weren ' t denied it or what? If they ' ve not been denied it , there ' s no problem here . If you have , there is , it ' s that simple. DUNN : Mrs. Richards has first hand knowledge of what happened, and she can relate what happened , so . . . DOBSON : I would like now a direct statement , Mrs. Richards , as to whether you have been" denied access to that petition . RICHARDS: What I was told when I called was that it was in the hands of (inaudible) and was not available. (Rest of statement inaudible -- Mrs. Richards did not use a microphone . ) DOBSON: Rosie , as Town Clerk, could you clarify this for us? JEFFREY: I have never received a message or a direct phone call from ( inaudible) . The only time that I spoke with them about: this March 22nd , the date they filed the election petition , and they did not request ( inaudible) . (Ms. Jeffrey also did not use a microphone . ) DOBSON : Do you have any further comments? RICHARDS , K. : Yes , I do. I was personally present when she made one of those calls , Mayor Dobson . I happen to be Mr. Richards. DOBSON : I know that , sir. Could you help us clarify this , Ken . I ' d like to know whether you feel or whether Mrs . Richards feels that they have been denied access to these peti- tions . t RICiIARDS : I feel that they were told that they were not available. That ' s exactly the words that she had when she hung up that phone. SMITH: Who told her that? RICHARDS : I don' t know. SMITH: Just an unknown person? okay. All right , Air. Dunn , on this matter of the withdrawal of signatures , are you saying that you think that there is no basis on which a party to a petition of either type can withdraw or add a signa- ture? DUNN : I understand the statute says a signature r^ay not be withdrawn after it ' s filed with the Clerk . SMITH: You think that an entire petition may be withdrawn? DUNN : An entire petition? SMITH: Right. DUNN: I have in sight the statute , looking for an answer to that question , although the thought ' s passed through my mind. No , I don' t think it can be. I think once a petition ' s filed , then the Council must act upon it , whatever the wishes of the petitioners may be. SMITH: Does that make sense to you? DUNN : Well , I 'm not sure we ' re supposed to make sense out of the statutes . DOBSON: You' ve already , John , based what seems to me to be a fairly empassioned plea on a statute , which at one point you quoted as being almost impossible to understand , so we sympathize with you there. SMITH: You have indicated some constitutional objections to the statute , 1 believe , such as what you define as a residence requirement , of course . I think you' re totally wrong about that , but on your basis that the alleged residence requirement in this statute is unconstitutional , I ask you whether you think it would be constitutional to deprive a voluntary petitioner of his right to withdraw his signature from any type - of petition like this . DUNN : I 'm not aware of any decision of the Colorado . Supreme Court or the United States Supreme Court which would indicate that that would be unconstitutional . . SMITH : Do you think that that is constitutional though , to deprive a person of that right? . DUNN : It ' s constitutional , yes . SMITH: So you' re saying that the Council would have to consider a petition presented by petitioners who wish to withdraw it , and also would have to consider a petition on which a sufficient number of signatures have been withdrawn to render that petition in the amended stage , having been signed by less than the requisite percentage of petitioners that would be required by the statute. You' d say yes to both of those -- that the Council would have to consider the petition once it ' s been filed , regardless of the number of signers that wanted to withdraw their name, or even if all of them wanted to withdraw their names. DUNN: Certainly , if some of them wanted to withdraw their names because that ' s what the statute says . I find it difficult to distinguish between all wanting to withdraw or ,`some wanting to withdraw, although I suppose there ' s a question of reliance. One petitioner relies on the other petitioner in sort of a promissory .(inaudible) situation. I suppose it is to persons . who did not- sign the petition assuming that others would sign it . That would be the argument that occurred to me. SMITH: What type of petitions are you aware of that cannot be withdrawn? Other than your interpretation of this one other than this one that you think is unique? DUNN: Any complaint filed in a court of law, once there has been an answer to it may be-withdrawn only upon leave of the court . It ' s a similar . SIMITH : Which is freely granted. That ' s freely granted, is it not? Unless the rights of the parties would be seriously jeopardized. DUNN : Yes , but that ' s the particular procedure set up there. There ' s a recognition that other persons have rights. The people on the other side , the other petitioners , Other citizens . It ' s anal.onous , but I realize it ' s 130t cxactlY the same thing. SMITH: Okay , now getting to this just a couple more questions , John . If I could clear up some of these techni- calities before I can answer any questions for the Council . I think one of your most critical objections was the question of whether the multiple owners of one parcel can vote , because if you were right about that , then .there would be enough signatures on this regardless of the other questions that you have raised. Are you suggesting that if there are , say , ten owners of one condominium apartment , that all ten of those parties , assuming that others among the ten did not disagree , that all ten -- because there is a requirement , as you know , as you cited your- . ection b self , that there can be an obi y one of several. owners -- that assuming that all ten could agree , and there were no objections filed , you ' re saying that all ten would be able to vote , sign an election petition , and also well , I guess , hoth types of petitions and also to vote in an annexation election . Would that be your position? i DUNN : That 's my reading of the statute , yes. SMITH: So, you ' re saying then , that well , how about this. Other than just partners who would own a con dominittm apartment ,. what about the stockholders in a corporation that resided in that area? DUNN : No , because a corporation is. a legal entity. SMITH: I 'm talking about to vote. Now, I realize that they can ' t be registered voters, so they couldn ' t sign an election petition , but what about to vote in an annexation election. Could the multiple members of some type of joint venture , corporation , trust , etc. , as long as they resided in that area in question , be entitled to vote? DUNN: I think that ' s difficult to say because you are getting closer to the corporate form, let ' s say , in the limited partnership - might be a good example. In a corporation a shareholder could not vote because a corporation is a separate entity. The question then would be , is a partnership a separate J entity , or are a husband and wife separate entities . I ' m not aware of any decisions of the Supreme Court on the case , I think what you' re getting as you get to . the larger SMITH: Theoretically , even the shareholders in a corporation theoretically own the corporation , right , and the corporation owns the stock. What would be the difference in concept between that and one of ten ordinary partners coming in and saying, "I am a landowner in an undivided interest . " You' re saying that any number of joint landowners can use the same piece of property as the basis for their .voting. What is the real. difference? You' re saying just that the type of structure that you' d -say that the members of one particular type of legal entity_ are in multiple numbers entitled to use one piece of property , but if there is a somewhat different legal structure that those owners Avould not be able to? Is that your position? DUNN : It ' s a question of the entity , yes. M1ITH: You' re saying it ' s the form of the entity'? DUNN: (inaudible) of the Common Law. / SMITH: And you think that ' s a reasonable interpre tation - that ten owners of one condominium apartment would have ten votes , and if Vail Associates owns 200 acres , you' re saying . that they would be entitled to only one .vote , and of course couldn ' t even sign the election petition because they ' re not a registered voter? DUNN: That ' s my reading of the statute . SMITH: Right . You consider that to be a rational. , reasonable, realistic interpretation? DUNN: it ' s my reading of the statute , and I 'm not aware of decisions of any court indicating that it is unreasonable and therefore unconstitutional . S1141TH: I have no further questions . DORSON: Apparently there were some comments from Council . DONOVAN : I 'm just wondering Is Gene through? DOBSON : At the moment , yes . DONOVAN :: We I l , I: ' d like to address our�c'.l VuS to a . couple facts that Mr. . Dunn made. If it is 47 - Gene , if the figure is 47 , in your records you took both parcels versus one , then the election petition is valid , so that negates all this to do with two owners or one owner or . . SMITH : That ' s true. DONOVAN : Okay . SMITH: If 47 is the right number of qualified electors , apart from all these other technicalities that have been raised, I consider that they have five , and therefore they have enough. However , Diana tells me that she has thoroughly researched the county records in question , and that there are approximately 60. DONOVAN. But has she researched them. over two parcels of land or one parcel? There ' s a basic SMITH: Two parcels or one . . . DONOVAN: Two parcels . . . Initially , there was a whole parcel -- the whole thing, and then there was not enough conti- guous . . SMITH: No, I understand. She did it only in the part in question , I 'm certain. DONOVAN: There ' s one thing that we have to clear up for sure . The other thing -- Section whatever had to do , concerning the 30 day notice, John , if that be true , then that negates this also. SMITII: Yes. I would say that that is a problem, if this were the first consideration of the matter . Now, I would thank that the fact that the matter had been considered previously would consider that this would be taken into consider- ation in determining whether adequate notice had been given. On a literal interpretation of this , if you take from the first date of this series of publications , or at least contemplated series of publications , from March 29th through April. 23rd, that would not be 23 days . That problem , of course , could be solved if the Council wanted to have the meeting on the. 30th instead of the 23rd, but I understand that a number of the Council will be out of town by that date . I would say that that is , very frankly , a serious objection to this , and I was aware of that at the time , however , I presume that if the petition , the election petition , was to be amended, it ' s going to be amended by that time anyway , and publication is not required for the hearing of an election petition. It ' s only for the landowners ' petition, so if the election petition were amended properly , as , you know , could be done in my theory with only one more person who is qualified signing it , then I felt that that would be the way that Nye would go anyway , and the publication would become meaningless . So , it was a calculated risk. DONIM'AN : One more question . If the Board deems the election petition valid' tonight , can they call for an election. and set the date tonight? SMITH : I 'm speaking now without having read that particular section in the statute , but my impression at this time is that it could. DONOVAN: Is that your interpretation , Dir. Dunn? Could we proceed with the election petition tonight if we deem the petition correct , valid? SMITH : Actually , John , they way we would do it would be if the -Council would present the petition to the court to the District Court , and the court appoints commissioners which . would call the election . DONOVAN: I 'm through. DOBSON: Joe , . did you have a question? STAUFER: No , I basically had the same question . Mr . Dunn , would you say that in the case of Vail Associates , that big parcel of land , that every one of- thoso , every stockholder (inaudible) could sign? DUN\' : Every shareholder in Vail Associates? STAUFER: Yes . DUNN: No. Only Vail Associates could sign. That may seem unfair , although I think you have to keep in mind the decisions of the United States Supreme Court which has said that concerning, for example , representation in the legislature , the only factor within reasonable bounds to be considered are people not trees or horses or vast landowners -- just people. STAUFER: The only other thing that - I -- and since you made the statement -- I would like to address my question to you " rather than Mrs. Richards - if you needed access to official and legal documents from the county courthouse or from a town government , would you expect that a phone call would get you those documents , or would you deem it necessary that you ' d probably have to go there and get those things available to you? Maybe better , do you ever get anything out of the state govern- ment or the county or a town that ' s an official document that has to be there with the clerk for safekeeping that. you could get over the phone? DUNN : I 'm not sure the answer accomplishes much , but I would say that I might very well call to see if the docu- ment is available before I made the trip to look at it . I might also say that , for example , the Secretary of State ' s office , �'ou can get more information over the telephone , cheaper, than you can by going down there by mail anyway. The telephone can be useful , and I understand your point . The point is that the Richards were rebuffed at the time of their initial approach to the clerk ' s office. . DOBSON: That seems to be a matter of some question. DUNN : I grant you we have a factual dispute. SN4ITH: I understand DOBSON: I don ' t know whether we' ve gotten too big or too prejudiced or too something with each other in this little gallery to really talk about what we are here to talk about or not , but I 'm going to try . It was our complete intent , and I think , John , that 'you were good enough to commend us for our intent , in, making absolutely sure that what we did in connection with this Bighorn annexation was completely legal , completely fair . In order to do that , we thought the best way to do it was • to take enough time to resolve among others , some of the questions , John , that you have brought up . It would only take a matter of a few weeks to do this . It is very possible that even if we went ahead with an election , some of the points which you have brought lip might be found on the other side of the fence. I can see , for instance , it would be possible that an election petition as admittedly borderline as this is, possibly legal , possibly not legal , that those , for example , who are unhappy with an election might turn around and say , if we took action tonight with the exact number of election petition signers involved and not knowing some of the answers that we know, might turn around and say , "The election you have insisted upon-we' ve decided is not really a legal election , or has not been one . " So , we ' re really trying to do this as neighbors , and if we can ' t be friends , let ' s at least be honest with each other . We ' re • trying to make sure that whatever we do to resolve this thing is legal and fair , •and we ' re saying in essence , let ' s take a couple of weeks to find out . And I would like to ask the people who have engaged you, John , and I appreciate your very astute remarks , and as you know through the years we have respect for you as an attorney in the area. But l would like to ask why it wouldn' t be better to take the two weeks , let ' s say , or three or whatever the numbers are that are involved here and make darn sure that whatever mode of -election , whether it be landowner petition or election , is completely unclouded. What possible danger would there be in that? And I would direct . that to the people who seem to be so anxious tonight to change it . Ken? RICHARDS, K. : Along that line , Mayor Dobson , d ' d' just like to ask you two questions. The thing that was brought out in the last meeting , the (court of three men) asking for this election were , number 1 , in favor of asking for an election ( inaudible ) , and number 2 , why is the Town still fighting against going ahead with an election for this annexation? (Number 3 , just a comment on this whole farce . ) If this is what all the people want , the majority of them out in Bighorn , I , for one , would fight for it just as much as anybody . • DOBSON : Ken , I lost you . If what was RICHARDS , K, : If this is what the majority of people in Bighorn want , is annexation to Vail , I would fight for it as a much as anybody. Two questions , one statement . • DOBSON : Okay . Again , I just wish we could talk a little more quietly about this because what; I can ' t understand is that the reason we took the action we did was to make sure ~ that the people of Bighorn did have a completely legal vehicle for doing whatever they want to do , and it ' s up to them to do it . That ' s the whole point . Now , if there is some question , and John Dunn agrees with us , I think , after reading the statute, that some of it is just completely incomprehensible. If there are problems regarding either of these vehicles , and if they can be solved, and they must be solved very quickly, isn ' t it • better to make sure where we stand in fairness to the people of Bighorn . And I ' don ' t really care at this point which way the thing goes , but I don' t think that -- that ' s not really true ; I would like to see them annexed; I ' ll be honest - but I feel most strongly that our job here as the Council for the Town of Vail is to make absolutely sure that 'what we do, whichever route we take and whatever results come from that route, is as unassailable 1; as we can make it. And it seems to me that the questions John has brought up , in some cases , make more sense than others ; I 'm not going to fall back on the old "I 'm not an attorney" bit ; because I 'm a little tired of that , and I think we all can see the areas which are strong and the areas which perhaps are not . There are some glaring inconsistencies between the 47 and the 60. I still don ' t understand her. Dunn.' s residency requirement portion of his addresss , but I ' ll try harder on that . But , again , we ' re here to try to make sure that whatever we do , whatever happens , is legal and honest and fair , and it seems to me that there are on both sides of the fence here a lot- of unanswered questions which could be cleared very simply probably by having a few more , by having time , a few more people to add their names, and we have allowed that . Again , I think what I resent , if resent is the right word, what I object to is that we have bent over backwards to be fair to everybody involved, and now because we have done that , there seems to be appearing that we haven ' t been , and I simply cannot understand it . I would welcome some comment , by the way , from others that' those who have been heard from now • in fairness to the people of Vaal who have some stake in all this, and God knows , there are other people in Bighorn . UNKNOWN: I would like to make a statement; and maybe d ~• at the same time a public plea to those who are for the election . I wont to the Town , or rather I called up and said, "May I have a look at the petitions?" , and they said , "Sure , come and go through them. " That to me indicates that the Town is willing for � I anybody to have access to the petitions . I took the tax list and Narked it off against the petitions ; then .I got the regis- tered voter list and marked that off , and came up with 55 qualified electors. They v.;ere attested by Gene . I polled t.he.se by telephone , although I needed some help with it , so (inaudible ) . { Out of those 55 , there are 8 known against election ; 35 of these turned in their petitions for the annexation . The others would not vote against the annexation ; they would vote for it . DOBSON: Ken , I 'm not sure if I answered all of your t questions or not . I hope I did. What was your second one , which I thought was really the guts of the matter? 't RICHARDS : The question is , why doesn't the Town go i ahead and force an election to find out what the people want. DOBSON: Well , my answer to that , Ken , was we ' re • per fectl y willing to go ahead and endorse an election if we can be absolutely certain that the election itself on its face value is the legal way to go, and it ' s so close , that I. think even John would admit that there are a lot of questions that he ' d like answered one way or the other. Our attorney mould too. We ' re not proposing to delay this thing ad. infinitum. We don ' t want to do that , but we are determined, and I think in all fairness to us , we have gone to great lengths to make sure that what we do is fair and completely unassailable by persons who might want to challenge it , be it petition or be it election . And so that ' s my answer to you. We don ' t want to stop it , but we want to make damn sure that what we do in the first place is right , becatiso this is the kind of a ( inaudible) that we could get involved in at a later date that . . . RICHARDS , K. I think these gals have been both sides of • the fence in this thing. In fact , I don ' t think either one of these gals over here have :really made up their minds them- selves how they would really vote in an election . DOBSON : Which ones are you talking about , Ken? RICIIARDS , K. : I,4rs. (inaudible). Richards and Macci Carmody. I don ' t know - they might vote for an election . They' re trying to find out the facts of this thing. They ' re trying to get the facts before the people , and to find out what the people want . DOBSON: Well , this we are too , Ken . I couldn ' t agree with you more , and Lord knows we 've worked hard on it , and my point has nothing to do with which way the people of Bighorn feel . It has everything to do with the mechanics , the legality of the mechanics that are involved , and this is the only stand that I think the Council is determined to be completely safe and fair about . . RICHARDS , K. : That ' s just exactly the way they feel.. They Ant the people in Bighorn to have (inaudible) . DOBSON: Okay. I agree with that , but for God' s sake . t . let ' s make the voice one that is legal , and let 's get over that hurdle first . RICHARDS , K. (Inaudible) DOBSON: We can ' t have an election , Ken , if the election isn ' t legal . I won ' t do any good -- that ' s what worries me. So let ' s get the ground rules first . We can ' t play football until we decide how many downs there are , you know. KLUG : I have a question of Mr. Dunn and Gene . hiaybe we can get a lawyers ' consensus on that . If it is illegal to withdraw your name from a petition that has been filed with the Clerk , it would seem to me that it would be illegal to amend a petition that has been filed with the Clerk by adding another name. Is that correct? SMITH: Not necessarily. DOBSON : There ' s the kind of a legal comment that you ' ll agree with even , won' t you, John? I ' m sure Gene can explain that . SMI`I`H : Well. , there is a specific provision that . purports to prohibit the withdrawal of any signature. There is no provision that states whether or not a petition can be amended , so most petitions normally can be amended unless there is an express provision to the contrary . So , I am assuming in ' the absence of there being a prohibitory provision that precludes an amendment , that it can be amended. So it would be possible to amend a petition and prohibit a withdrawal of a signature. KLUG : Well , didn' t Mr. Dunn say that once a petition is filed with the Clerk that the Council must act on that petition as filed? SMITH: Ives , even if they wanted to withdraw it . • KLUG: Or ' amend it . SMITH: Probably . KLUG: Mr. Dunn , is that what you said? DUNN: I (inaudible) the statute . "The City Clerk shall defer the petition to the City Council as a communication . The City Council . shall then without undue delay take appropriate steps to determine if the petition. so filed is in substantial compliance with this section: If the petition is found to be in substantial compliance, the procedures outlined in sections shall then be followed. " The whole thing appears to be to me . (inaudible). as far as her question , adding signatures to the petition. I agree with Gene that the statute does not specifically touch on that. I did say that I don' t think as a practical matter the petitioners are in any position to add signatures. I have some doubts as to whether they could, but we really don ' t get to that at this point because we' re not attempting to . What we did say was we ' re asking to check out the. factual background of this thing very carefully. This is the only thing ( inaudible) idea to determine whether it ' s 46 or 55 or 60 or just what it is . That would not be amending or changing the petition in any way. That would merely be determining in light of the statute whether • or not the petition is in compliance. D013,SON : I 'm trying to figure out where we really stand here now, and what we have to do. SM1,111 : Your honor , let me make one observation . • If this 30 day requirement is going to be construed literally , in other words , it would just be starting tonight , for example , and we had to go 30 days from now , regardless of all the past proceedings , then I think 111r. Dunn would agree that we would . have to do that regardless of which petition is going to be acted upon. Would you agree with that , stir. Dunn? DUNN: Yes sir. SMITH : So, either way , according to his theory , the Council could not act before - not less than 30 days from tonight , which would be sometime in May . We know that there are going to be no Council r.,eetinr s in flay , so that means it ' s going to be delaying it until June. On the other hand , if we go ahead. , regardless of what we do, with there being as many technical objections as could be raised to this type of statutory proceed-- ing, the thing is going to be subject to being challenged. In other words , regardless of what is done , somebody can challenge it, if they wish. And, so , I think that what a court of final determination would do would be to look at this statute and see whether the statute has been substantially and fairly complied with. I don ' t believe that in a statute as complex as this with as many - there are probably 10 , 000 technical objections that 4 6 . could be raised, any one of which could theoretically void a proceeding under it ,. that the failure of the Council to comply with this statute 1000 would be the thing that would occasion a court to void an annexation. So I don ' t think that we ' re ever going to reach a stage where we have a unanimity- of opinion on what has been properly done and what hasn ' t . DUNN : May we take it to the District Court and have them decide the result? If the result that they decide is that the election petition is fair . . . SMITH: Sure , I think if a court made that determina- tion , as long as it wasn ' t appealed from, that as soon as it ' s • judgment became final , that would be a final determination . The problem with proceeding Let us say that hypothetically , this 47 were correct , now, I have no personal knowledge that this 60 figure that I was previously gold by our Building Department • is correct . However , I would certainly place more reliance on that than on the 47 figure of the election petitioners, but even if that 47 figure were correct , the Council technically is not in a position to act tonight . Even on their petition . I think that under these circumstances we would not be able to act even on their petition tonight . It would .require the passing of a resolution that would . . . in other words , all that could be done tonight would be to determine whether the elections petition is in substantial compliance with the prerequisites of the statute , then have the public hearing 30 to 60 days from now. Then , if it was appsovcld at that stage , then prosent it to the court for an election. However , there ' s one possible exception to that that I can think of , and that would be if the Council has. decided, for example , that the probabilities of one or two more people adding their names to the election petition would be enough to render it correct regardless , and my own position , I have conceded that it would only take one more signature. In other words, I 'm saying it would take six ; I think they definitely have five. If ten people who own one condominium apartment are able to vote , then they have the six. So , you know, that would be a factor. If the - Council thought that an election is going to definitely come • about despite the fact that only one half of one per cent of the land owners of the land held interests are demanding that , then of course , we are concerned with protecting the rights of the minority. The only alternative I can think of to avoiding this additional delay , and it would prove to be at least two months instead -of just the one month , because of the absence of the Council. here in May , would be if the election petitioners them- selves would be willing to waive the notice requirement , because they are the only ones who could be adversely affected by it , and if they were willing to waive that requirement or say that , in the alternative , it had been satisfied, then conceivably , the Council could go ahead and act on the election petition tonight . DONOVAN : He did have another small point . It was one that was kind of clear , that he, road off concerning the ( inaudible) . SMITH: Concerning the what? • DONOVAN : Section 1.39-21-4 , Paragraph f or something, { concerning Gordy and B.J . Rowe. SMITH: )light . DOtiOVAN : �liat they cannot , cause I remember asking you the same .qu estion , they cannot withdraw their names from a petition once it has entered the hands of the Town Clerk. If this be so , then surely we have seven legitimate names . I mean that seems to be a question that . . . SMITH: Well , we would have seven , then it would be , �. then the other question would be whether both of them would count , because they both only own the same apartment I belie\-e . You • would have . six though. KLU G: All right , we have six. DOBSON : There is no way ,. I would suspect , that we can rESOLV e the question of whether 47. i.s the . correct figure or 65 or 63 is correct figure within the next i ShIITH: Well , Diana tells me that she would be willing F to discuss it with Mr. Dunn and that she thinks that within ten minutes or so , if the Council wanted to have a recess , that she thinks that she could at least explain to him how she computed it , (inaudible ) the manner in which the election petitioners computed • it , and at least we would know more nearly where we stand. Is that what you think it would take - only about ten minutes to } determine that? That would be worth waiting for I would say. DOBSON: Two Richards here . Ladies first , I guess. RICHARDS , C . : I have one question of Mr. Smith. In the case of dual ownerships , you. can only have one signature? SMITH: That ' s right : - RICHARDS , C . : ( Inaudible) . SMITH : Just a minute , now. Run that by one more time . . RICHARDS , C . : ( Inaudible) . Now, when you ' re counting the number of qualified elector Landowners , ( inaudible) the number of (inaudible) . SMITH : We only counted one landowner for one parcel . RICIIAIMS , C. And you only came tlp with 50? • SMITH : That ' s right . Isn ' t that right? DONOVAN : You follow different requirements for i different elections. SMITII : Of qualified electors? (lots of inaudible voices) SMITII: You counted bath? If a husband and wife owned one apartment , you counted both of them as qualified electors? (more inaudible voices) D013SON : Charlie? S%!ITH: No , it would be people who could sign the petition, that ' s what we ' re talking about . ( Inaudible) What other property owners , corporations ( inaudible) Fail Associates (inaudible) sold k (inaudible ) to us. (Inaudible) . We all signed the petition to ! incorporate the Town of Vail , and if this is illegal , we can all (i'naudible) . DOBSON: Ken? R.ICHARDS, K. : Just one other question. Let ' s say (inaudible - much talking in background) SMITH: Wheel them in. - we ' ll let them sign right now. R.ICHARDS , K. : Let me ask a question , and maybe the other attorney , Mr. John Dunn , could answer it too. Will this inval.i-- date any of the things that have been brought up tonight (inaud. ) ' for example , withdrawing your petitions after the petitions have been filed with the County Clerk? SMITH: You ' re the only one that could object . RICHARDS , K. : In other words , that March 22nd date that the original petitions were filed. If the Town is going to allow additional signatures as they said , in their letter or whatever , ( inaudible) or whatever , this will .not change that March 22nd date? SMITH: No. Vie would not consider that to affect the validity of the original petition at all . M CHARDS , K. ( Inaudible ) are more or less right on these • joint ownership deals and ( inaudible ) . We just didn ' t want to jeopardize this , but we have got several more people that could sign this thing. And this is why we would urge you to get on . with the thing, (inaudible) the election and (inaudible) . DOBSON : Ken Was that applause from the attorney? Again , what we are trying to do is You, say get on with the election - we can get on with a fire , but it ' s going to be illegal. So let ' s make darn sure that what we' re doing in fair- ness to you is right . That ' s my only point , and I ' m going to stick with it . S.41 ITH: Let ' s ask "r . Dunn that question , Your Honor. Mr. Dunn , are your clients , the election petitioners , .willin g _to . . . if the Council were to be willing to: proceed tonight on determining whether the election petition is in substantial compliance with the requisite statutory requirements , would your petitioners, who we , feel are the only ones who. could reasonably object to our proceeding on that question , would they be willing to stipulate that the notice provision has been satisfied so that. that petition could be , and that issued , could be considered right now? DUNN : (Inaudible) . Okay ,SSMITH: Oka waive or consider that it has been satisfied in the alternative. Because if they ' re not willing to do one or both of those, then there ' s no way that the Council can consider it tonight in any event. DUNN : It ' s always kind of dangerous to make deci- sions like that standing up in the middle of a public meeting . SMITH : That' s one of the- dangers of being a lawyer representing; those people. DUNN : I would be inclined, if that were acceptable , to waive the requirement. I think we all have to take some • chances . Someone else might come in and object to it - I don ' t know. But I suppose that would be probably a ( inaudible) . SM TH: Who else could object other than the people who are entitled to the notice? DOBSON : This , again . . . Apart from the legal ins and outs here , and I know that we ' ve got to live with them, what really is at issue here? The issue on our side , as I have said about 20 times tonight , is that we were determined to be completely fair because there were several serious questions which our attorney has brought to our attention. John brings more of them as the attorney for the election petitioners tonight . There are still many of them unresolved - the whole matter of the tax payment thing , I think, is unresolved; the residency requirement thing i_s unresolved ; and obviously the 47 or 65 is unresolved. What is the purpose of your objection - what is the purpose of what you have said tonight , John - what is the purpose • of the people you represent? I assume that you want to get on with the election. You have said that . If there - is any serious question regarding the validity of the election , and if those questions can be solved within a period of a couple of weeks , and knowing , just from what we 've heard tonight , that there are several that are, and your reluctance to waive any of these points that Gene has brought up , doesn' t it make sense, just in protection of everybody , that we solve these things before we get involved in the election? How much delay is it going to have -- or is delay what you want? Let ' s be honest with each other; let ' s . say what we are really trying to do. Now you lawyers can figure out how you can do it . Carol. RICHARDS, C. : ( Inaudible) . DOBSON: Well , this is one of the questions I say we should solve , and we' ll do it. We can ' t do it . . . SMITH : That can be solved in a recess . DOBSOti: But , there are still many others , Carol , and again I say , what if the lawyers could , working together, could work out something so that by the 23rd of April , that we could have these answers , and then proceed either with an election or • without one, wouldn ' t that be the fairest thing for both sides , for both the people who have well , who may or may not be against or for annexation . Isn ' t that the fairest way for us to go? To be absolutely sure of protecting you , Carol , and M acci. and Kon? Yes . . RICHARDS, C. : ( Inaudible) . There are other people who haven ' t signed the petition that ( inaudible) . .' We can ' t guaran- tee that they won ' t challenge the ( inaudible) . We can guarantee that we won ' t , but we can ' t guarantee that somebody else won ' t . DOBSON: Surely . Surely. And the more that they can challenge , the more likely they are to do so, so let ' s eliminate as many of these problems as we can , and not jump into the thing. RICHARDS , C . ? : (Inaudible) . DOBSON : )Veil , I think what Gene has just said is that we can take no action . We 'cannot take action tonight . SMITH: And the problem is that the only completely safe course would be to provide for a hearing within the range of 30 to 60 clays from now. That ' s the .only way that there cannot be a challenge on that 30 day requirement . And I think that obviously that ' s going to result in a long delay , because that would mean that there couldn ' t be a hearing until sometime in ,lune , and then the election probably wouldn ' t be until July or August because of the question of all of the absentee votes; STEINBERG: This may all be academic. If this goes on much longer, I think a lot of us will vote not to annex on the (inaudible) once they do elect to come in. We 're going to spend • $6 ,000. 00 on an election. It ' s going to. cost us God knows how much every year to support Bighorn with the roads and the quality of service and everything else that they ' re immediately going to demand. I 'm, beginning to wonder whether we should let them in if they want in . SMITH: Tom, that ' s the thing that bothers one the most about this whole election petition. I am as much as any- body in the world -in favor of protecting rights of the minority , however , in this instance , the statute provides for two methods of initiating an annexation proceeding -- through a landowners ' petition or through an election petition , and in the event of an election petition , a valid election petition and through an election . In this instance , though , I think that it is quite clear that the real purpose of the election petition is not to produce an :annexation but to attempt to thivart it . So it ' s • an attempt by a tiny minority to use the supposedly democratic election process in reality to prevent an annexation rather than occasion an annexation to occur . f RICHARDS , K. : I disagree with that statement . When you * call that a minority , and the actual questionnaire just went out , three to one, people wanted an election . Now if you ever question that , we ' ve got the proof of that , Gene Smith . SMITH: Yell , why didn ' t more people sign the . petition? DOBSON: Carol? RICHARDS , C . ( Inaudible). • STEINBERG : It ' s a lot bigger majority than five or ten. a RICHARDS , C. : ( Inaudible) . DOBSON : Okay . I think probably emotions are at a pitch. Once more , though, if John and Gene , if there were a way to resolve these questions on both sides of the fence before April 23rd, so that both sides would feel comfortable with the .- numbers and with everything else and so the Council could. act with more complete faith that they were doing the fairest thing possible . If there were a way to do that , then would it be objectionable to your clients to proceed along those lines? iDUNN: I think 'it would be acceptable as long as there is no action on the pending resolution ... ,.. no action be taken until the 20th of April . I 'm still bothered by 30 day requirement .. DOBSON : Well , if we could clear that and be ready to a act by the 23rd of April , would that be a fair thing to do. Now, from the legal standpoint , if the resolution were not adopted , how could we take action on the 23rd. This is a problem. SMITH: We can ' t . i DUNN : You can ' t anyway . i I DOBSON : So, we can ' t anyway. SMITH : By the 23rd , you see , they will have the same objection that 30 days had not been given , so it ' s either waiting 30 days or more . It ' ll. be 30 days from tonight plus whatever . additional days , if any , would be required to have four publications A STAUFE'R : Gene , let me ask you. something. Do you need • a quorum of - the Council to hold a special hearing of that nature:? SMITH : Certainly , there must be a quorum to conduct any business . There ' s one other possibility . If we could gel: a waiver of the notice requirement from the election petitioners . In other words , where they could not say that tonight ' s proceeding was invalid, because if they ' re going to challenge that , then we' re really wasting our time. But if the election petitioners wanted to consider that there was no problem of notice, and the Council decided tonight to go. ahead and have an election , then within a few days I could present the petition to the Distract Court , and I think , get the Court to give us a ruling within a couple of weeks on the thing, and it ' s conceivable that we could get a timely ruling from the Court . I think once the Court ruled upon it unless there were then a challenge to that decision, then the Court could go ahead and call an election. That would save at least two and a half months . The other procedure - if we have to definitely wait 30 days before there could be a hearing , also whatever time it takes to get the four publications in , then obviously there can ' t even be a hearing until sometime in June, and the election couldn' t possibly be before , I would imagine , mid-July or sometime in August . But to do anything tonight is • going to require the cooperation of the election petitioners. . That is certain. DOBSON : And Ave don' t have any clear cut . John , you said - you prefer not to make any clear statement on that? DUNN : (Inaudible) . DOBSON : I didn ' t hear you. DUNK : Going back to a couple of matters that have come up already , perhaps we ought to stipulate that the intentions and motives of the Town are good, and the intentions and motives of the petitioners are good. We canvassed the petitioners , and I assume the interest of the Town is to arrive at a satisfactory compromise of this matter -- or agreement . (Inaudible) . That ' s really the only thing that we want , and if we have to cut corners in order to accomplish a result , while we may reluctantly agree to we 111,1y ak;ree to ii . I leave triad to say that -- id ' s (1ili. to a distinct possibility . ( Inaudible) , but in all probability , they wouldn ' t , I suppose , and once the necessary time -- 45 days or whatever it is, is ( inaudible) , the ordinance annexing the territory is adopted finally , then it ' s as good as gold. w SMITH : Would your clients be willing to stipulate that the Council go ahead and determine tonight whether or not the election petition is valid? DUNN: We' re prepared to ( inaudible) the determina- tion this evening, yes. SMITH: And if that were done , would it also be possible to go ahead and have your petitioners stipulate having the matter immediately presented to the Court rather than having . to have another meeting in June on the matter - because as you ' re aware , there is no way that there can be another meeting of the Council until June . At least within 30 days ; there ' ll be a meeting in two weeks or three weeks , but that ' s not satisfying that 30 day requirement. In other words , a meeting before June would be futile according to your clients . So in other «cords , the Council could, through the proper stipulation on the part of your election petitioners could go ahead and determine the entire matter tonight and just present it we could present the • matter to the Court within a matter of days then. But that could only be done with your cooperation . DUNN: If it was determined that the election peti- tion' was valid tonight , and the petition ordering the election was filed with the District Court , I do not believe that any of the persons whom I represent would file any objection to that proceed- ing. SMITH: And you do realize that they would be entitled to 30 days ' notice , of course. And you would waive that require- ment and agree that . DUNN : On behalf of them , yes. SMITH.: I realize that you can ' t . waive it on behalf of anyone else that is not a party to this , of course. DUNN : (Inaudible) . DOBSON : John , you m4ntioned once , I thought , that • you wore not at all sure enthat additional names could be added in any event , is that correct? DUNN : I really haven ' t read the statute carefully to determine the answer to that question , but my gut reaction to . it is that ( inaudible) , and that petition is pretty ( inaudible ) once it ' s filed. (More inaudible) . SMITH : That ' s the reason right there that it makes sense that it could be amended because you could tape the same petitions are good for 180 days . If , for example , and there is nothing that says that the same petition can ' t be used more than once . So we could take - as we did in the case of the landowners - • add ten more and just say it ' s a new petition. Can you see any objection to that? And what is the difference between that and calling it an amended petition when it would be the same pikes of paper? - DUNN : I suppose the only difference is that you can correct ( inaudible) . ; - SMITH: You mean , having a later date for - the filing date? DUNN: Yes. DOBSON : So, you can have an additional petition, but you can ' t add to the other one? SMITH: You could just have a new petition that would incorporate the old one . It would be called a new petition instead of an amended petition. WHITE: Mr. Mayor , I don ' t think we can make that decision tonight . I don' t think we can decide tonight whether this petition is valid. We ' re going to have to determine how many electors there are. I think we' ve spent enough time on this . I suggest that we put it off until the next meeting in two weeks . We can ' t have a meeting in May anyway , so the 30 days from the next meeting would put us in June , where we should be. I don ' t • suggest that we waive the 30 day notice - I think that that would be foolish. I don' t suggest that we cut any corners . Bighorn ' s been out there for ten years ; two more months isn ' t going to make any more difference. I think we just start the process anain in terms of publication , determine whether the election petition is valid, and either accept it or deny it at the next meeting of the Council. . DOBSON: Is that something that we can do? SMITH : Certainly . And also , another position we could take would be simply that because of the various objections to both petitions, we could say that before any petition is going t to be considered, that there will just have to be a new petition . And that would cure any possible defects in the old one just to . Because as long as we are going to consider one that has been challenged , people can continue to object to it . • (UNKNOWN) : ( Inaudible ) . SMITH : But it can still be challenged, that ' s the point . A resident of Vail could end up challenging it as being a defective election . DOBSON: This is the point , of course , that I ' ve been laboring all night long. I agree with Gerry ; there ' s nothing, we can do now except Technically , Gene , the resolution before us we cannot act on? Right? SMITH: Well , it would be very easy to act on it . The only thing that would have to be done, I think, to eliminate • any serious objection to it , would be to change the date of the hearing. We could pass the resolution could be passed ! calling for the public hearing in June , and that would avoid . Then both petitions could be considered at that time. I thinly that would save having to bring it on next time. DOBSON: In any event , that could be done at the next meeting. - E SMITH : That could also be done at the next meeting. DOBSON : And it would give us an opportunity for fur- ther legal study and for certain consultation with Mr. Dunn . • Ivel.l , I ' m inclined to agree that we ' ve labored this thing long enough . Gerry has suggested that we take no action tonight but i study the questions brought up by Mr. Dunn on behalf of his � clients and be prepared at the next meeting; to enact a new r.eso- � luti_on to either effect an election or to go ahead with the other > your wish? Ladies? Okay , that ' s form, Gentlemen , is that S Y , the course that we will take. SMITH, We ' re going to have to renumber these other ~' resolutions then . Let ' s see , that would make . . . the typed no. 8 would be 7 , and the typed 9 would be 8 . DOBSON : Okay , the next resolution would be then renumbered to no. 8 , is that right , Gene? Yell , the other one we ' ve already voted on should be renumbered no. 7 . SMITH: That would be the one suspending the meetings in May. DOBSON: And so the Resolution No . 8 , extending the term of the Municipal Judge would be 8 rather than 9 , is that right? SiMITH: Correct . brow, Diana did ask me one thing. She said that she would like the list of the qualified voters that the election petitioners have so that she can check it against her own list . JJr. Dunn , are you going to provide the list of your 47 qualified electors to our Building Official that is , Zoning Administrator? DUNN: We were just discussing that and thought perhaps the easiest way to do it would be for Mrs . Richards, to (inaudible) .. SMITH: Okay, in other. words . . . DUNN : ( Inaudible ) . SMITH; All right , fine. Thank you. DOBSON: Let ' s do that , then . (END) Attachment B' IN THE DISTRICT COURT IN AND FOR , THE COUNTY OF EAGLE � STATE OF COLORADO Civil Action No. 2182 VAI.L VILLAGE LIQUORS , INC. , ) a Colorado corporation , ) I Plaintiff, ) TRANSCRIPT OF HEARING BEFORE vs . ) LOCAL LICENSING AUTHORITY LOCAL LICENSING AUTHORITY, ) TOWN OF VAIL, COLORADO , ) Defendant . ) Comes now Defendant above named by its attorney and. certifies on information and belief that this is a transcript of the hearing before the Local Licensing Authority , Town of Vail , Colorado , held on the 2nd day of April , 197G , on the application for a retail ligiuor store license . of Vail Village Liquors , Inc. Index to names set forth on the left margin of the, transcript is as follows : DOBSON : John A. Dobson, Chairman of Local. Licensing Authority (LLA) DONOVAN : John Donovan,Member of LLA • KLUG: Kathy Klug, Alember of LLA STEINBERG : Thomas Steinberg, M.D. , Member of LLA WHITE: Gerry White , Member. of LLA SMITH: Gene A. Smith , Attorney for LLA MINDER: Terrell J. Minger , Town Manager (TOV) JEFFERY: Rosalie Jeffery, Town Clerk (TOV) WALL: Gary Wall , Police Chief (TOV) MCLAUGHLIN : S, Douglas McLaughlin, Applicant r i 7' F i 1 PETI:MON: Jay K. Peterson , Attorney for Applicant . BROWN : St:ellart II. Brown, Attorney for Protestants STAEIFEIZ: Gottfried Stanfer , . , Witness for Applicant COLT : ward IV. Colt , Witness for Applicant 'T' : �. 1lNGFiLOII : Fred L. Angel oil , Witness for Applicant SALLOWAY : Michael 71. Salloway, Witness for Applicant CHOATE : Harlan E. Choate , Witness for Applicant MILLER: F. Gaynor MI11er , Witness for Applicant COOPER: Gary L. Cooper , Witness for Applicant HICKOX: Charles F . Ilickox , Protestant GARI)NER: I-Ioward F . Gardner , Protestant CROWLEY: Charles' R. Crowley, Protestant The transcript which was prepared by the Town Clerk iof• the Town of Vail , Colorado , is attached hereto . DATED : Vail , Colorado , the 3.8th day of June , 1974 . Town Attarne Town of Vail , Colorado P .O. Box 1.00 Vail , Colorado 81657 Telephone No . (303) 476-361 Attorney for Defendant f • TRANSCP.IPT OE' IMARSNG BEFORE LOCAL LICENSING AUTHORITY DOBSON • The application before us tonight is from Vail Village Liquors , Inc. , a liquor store , retail liquor store, to be located in Units 46 and 48 of the Vail Village Inn , Eagle County , Colorado. Has the Town Clerk received all the required information and have fees been supplied and paid ( f by the applicant? JEFFERY : Yes. DOBSON: Has the Town Attorney reviewed the applica- tion and is it properly filled out in compliance with the Colorado Statutes? SMITH: Yes , your Honor , as far as I can tell based on my own very rapid perusal of it and representations of the Town Clerk that as the recipient thereof she did thor- oughly check the petition and has consulted with the Chief of r; police and so forth. DOBSON• OK. The Board of Trustees (sic) will review the application and perhaps we can do that as we go along. I don' t think you had any other chance to look at it • in detail . 14e' 11 proceed then with the other matters . Has the Police Chief conducted an investigation of the applicant and of the premises sought to be licensed? WALL. Yes , I have, your Honor. I)pBSON; For the record, we note that the findings of the Police Chief have been received by the Board , approved, and adopted as such. Do you have these findings now, Gary, on paper for the Board or are they just a repetition of the last application? . r Page 2 • WALL: Two are repetitions of the last applica- tion which we had on file. DOBSON: Does the Board have any questions Has an regarding these findings? Y petition or letter been received either in favor of or against the application? If so, they will be read into the record. JEFFERY: There have been no written petitions . DOBS014: No written petitions in either case , OK. I am required to read the following to comply with the require-- . i ment5 of Colorado Revised Statutes 1963 ,. 75-2-42 (2) , which ' reads as follows: "Before entering any decision approving • or denying the application, the local licensing authority shall consider the facts and evidence adduced as a result of its investigation, as well as any other_ facts , the .reason-- able requirements of the neighborhood for the type of license for which application has been made, the number, type, and availability of liquor outlets located in or near the neighbor- _ f hood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed; provided; that the reason-- able requirements of the neighborhood shall not be considered • in the issuance of a club liquor license ► " which is not germaine to the issue tonight. I declare the public hearing open and ask if there are any parties present who care to speak for or against the application. BROWN: Mr. Mayor, I am Stewart Brown , and I represent A & D Enterprises, represented tonight by Charles Crowley as manager of The Liquor Store at Vail; Charles Crowley as the owner of the Lionshead Liquor Store; and Charles Hickox as the co--owner of the Liquor and Wine Shop. DOBSON: OK, Stewart thank you. Doug. MCLAUGHLIN: Yes, Mr. Mayor, I 'm here on behalf of the applicant, Vail Village Liquors, Inc. , of which I am Page 3 C~ a~.so a co-owner. DOBSON: UK. We' 11 stark then w~.th the appl3.cant or his attorney, whichever one you want to be, and ask if you }lave anytha,ng to say in support of the application. If you have any witnesses, as usual, we would swear them in all together, McLAUGI-1LTN: Yes, I do, Mr, Mayor, iF T could ask my witnesses to stand at the present time and be sworn. Tf Stu would like to have kris stand at the same time, then maybe we could speed it up that way and have them all sworn. I'll read mine off. x've got myself, Mr. Jay Peterson, Mr. Ed Colt, Mr. Gr~t~tfried Staufer, Fred Angelah, Michael Sa1_loway, Harlan Choat er Gaynor Miller, and Gary Cooper. And I would ask you all not to be scared about the number of witnesses. DOBSON: 4K, Ste~rrart, would you like to have. yours stand nat~r? j~e can (interrupted} . BROWN: My witnesses are Chuck Hickax and Chuck Crawley, DOBSON: OIi, gentlemen (a.nterrupted} . MINGER: Could we get everybody to stand? BROWN: And Howard Gardner.. MINGER: Could you raise your right hands, please? Do you solemnly swear before the everlasting God that the testimony you are about to give before the Vail Local Liquor S.icensing Authority is the truth, the whole truth, and nothing but the truth, sa help you Gad? ALL: I do. MINGER: Thank you. McLAUGHT.ZN: In that light, although I will be handling the proceeding far Vail Village Liquors, when I take the stand, T would ask if it would be all right if Mr. Peterson examines • me. Is that aJ_1 right, Mr. Brown? BROWN: No abjection. -~ Page ~ McLAUGHLTN: Before I turn my petitions over to the Board, Z have been asked by a number of people if ~ was asso- ciated with Henschel-Lyon, Ltd., which was another corporation which made application for a liquoz: license not too long ago, approximately 9 months agog and as you may recall, it was, granted by this Iloard, 6~e then had another hearing in Denver, and i~ was turned do~~rn in Denver. It was then appealed and it never came to a trial because at that time the space was sold. And we felt that a better location was in hand. so in case any of you had any questions as to the status of that other license, that's it. Gentlemen, I would lake to present to you at this time a number of petitions which Gae have obtained -- in times past with liquor licenses the petitions that have been presented have, and X think rightfully so, been disparaged by Mr. Donovan, and he has of ten. made the comment that all you. have to do is go up and down the gondola line and peoples will sign anything ya~tstick in front of them. Because I was a little disturbed about that and because the liquor license~~/ statute specifically sets Earth petitions. as one of the remonstrances that are one of the items. to prove a liquor license and the need for it, 1 decided that I would try to make oar petition a little more than dust that, So, I have some traditional petitions tonight, but I have others that specifically set forth the neighborhood, desires, and the needs. Further, two of. these petitions ---~ one, which I obtained myself, with 54 signatures, and one, which was obtained by Mr. Gottfried Staufer, has l~ signatures. And we have taken the trouble to see that all signatory of this petition --~- these two petitions -~ the '6? (sic} names are all registered voters of the Town of Vail. The other petitions are dust the standard petitions where we have . Circulated them around Vail and any visitor ar resident can sign the same. I would like to present these to the Board ..• Wage 5 at this time. Mr. Mayor, T would l~.ke to have these entered in evidence as Exhibits for the petitioner. • DOBSQN: OK. BROWN: Objection, I would like to see the petitions, if you please, Mr. Mayar._ {examines petitions} Dies this include the special petitions? McLAUGIILZN: Yes. BROWN: These. are the regi.stexed voters? DOBSON: Do you have any commenfs, Stewart? BROWN: Yes, T~ have one comment. Two. rea~.ly; number one, the fact that registered voters are segregated into separate petitions is not particularly significant; indeed, any visitor, resident, reg~.stered voter ar not, . to the Valley is a valid petitioner. Z do object, hotaever, to the designation of the neighborhood as a matter of fact, sa stated by the petitioners. Tt is not within the province of any but this Board to state what the neighborhood is ,. far liquor licensing. As you know, it :has always been ;'~ dcfzned as the Gore Valley. These petitioners have stated as a fact that the neighborhood includes not only the Gore Valley but the lower portions of the Valley extending dawn to Avon. ~ would caution that the statement of fact reportedly made by the petitioners is not be taken as a fact by the Board. ___. •McL,AtIGHLZN; Mr, Mayorr uh, for purposes of that argument x am willing to concede that the neighborhood is the Gore Valley. DOBSON: 4K, thank you both, gentlemen. We'll just enter it for the record. McLAUGIILIN: May I proceed, Mr. Mayor? DOB50N: Yes. McLALJGHLZN: Mr. Mayor, before I ca~.l my first witness; which is myself, Z would ask that this Board take administra-- tive notice of a list of items here: first, I would ask the Page G • Board ta' take administrati~re notice of the building' applica- tions and statistics contained in the Bui~.ding Department off' the Tot~rn of Vail; Z would ask that you take administrative notice of the assessed valuation of the Town of Vail; that you take administrative notice of the sales 'tax receipts of the Town of Vail; that you take administrative notice of the number of la.quar licenses heretofore granted by the Town of Vail; 1 ask that you take administrative notice of the number of business lice:~ses granted at the present time by the Tawn of Vail; and l ask that you take judicial (sic) notice of any official growth statistics which .may be had ---- which the Town may have at the present time. D013S O1.1: OK. McLAUGIi~,IN: Mr. Mayor, I ca~.l Stephen Douglas McLaughlin as my first witness, and Mx'. Peterson will examine me. PETERSON: Mr. McLaughlin, for the record, would you please state your name, your age, and your address, please? MGLAUGHLIN: Xes, my name is Stephen Douglas McLaughlin, my address is 1~~8 Vail Valley Drive in Vail, Colozado, and my age is 33 years old. PETERSON: 'And what is your connection with the applicant? MCLAUG~~L1N: T am President of Vail Valley Liquors. PETERSON: And are you familiar with the others connected with the app~.icant? McLAUGFiL1N; Xes, l am. Vice President is Anne 5taufex' and the Secretary and Treasurer is Jay K. Peterson. T might add that those three individuals awn the stock in three equal parts. PETERSON: In connection with this application, would you describe the location and the type of operation which pail. Village Liquors will be' Page 7 McLAUGIILxN: Yes, Vail Village Liquors, as you can see. Pram the application, is planned to be located i.n the Val]. Village Inn, backside of the Vail Village Inn, right . around the corner from the Dairy Depot. It would be east of the Dairy Depot. . PETI~.RSON: And what units axe those? McLAUGFiLIN: I'm not sure of the unit numbers, but they are the outside two units so that it will, you know, it will be vis~.ble from the street. PETERSON: And is there parking available? McLAUGHLIN: Yes, there's plenty of parking available both there and on the other side by the Dairy Depot. ,KLUG; I'm sorry, I didn't get that. McLAUGI3LIN: zt's directly Apposite the Dairy Depot, if you're familiar with the Dairy Depot, it's just the reverse of the Dairy Depot. You follow? IiLUG : ~ Yes . A4cLAUGHLxN: Right noxa, we plan to have 1,000 square i'cet and if business turns out as we expect, we can. expand • the operation into other room units, although at the present t~.me we have no particular plans to do that. A little bit about why we put or propose to put the liquor store in that particular location --- right now, there has been a ]_iquor license granted, well there is an existing package liquor store a~n the town, that's The Liquor Store at Vail., which is behind the Checkpoint Charlie, so to speak, and an that particular pedestrian area. There is a liquor store at the Crossroads Liquor Store in the Crossroads. At the present time, East Meadow Drive connects the Vail Village xnn with the Crossroads, but as you gentlemen are, I':n sure, aware, the Master Plan of the Town of Vail creates a pedestrian area of East Meadow Drive az~d separates the area around the Clinic, Val]. Village Page 8 Inn, Holiday xnn, and the new Kaiser Morcus building there, and that area is separated off. under the new plan, and you won't be able to drive through that area -~~ it wi~.l be sort of another pedes the Vail Village available, P~~~rsaN: McLAUG~-iLI N 9 0' clock iii the trian area. And that was the reason we chase Xnn; also, the Vail Village Inn had space Ha ve you projected any houxs of operation? Yes, we have. We project to be open from morning until midnight. And that's all days of the year that it's legal for us to be open. PETERSON: Have you also had an opportunity to decide on a ~.ine of ,products for your liquor store? McL1~UGIiLTN ; Yes , we intend on carrying a dull line of products. PETERSON; OK, and what about prices for those products? McLAUGI~LIN: We intend tQ have the best prices that we possibly can. That's all I can say about prices. ;' PETERSON: Anal in your opinion, what neighborhood wzll you be serving? MC:LI~UGHLIN: My opinion, and I conceded this for the xecard when bar. Broom made the abjection to the petatian, I consider the neighborhood to be the entire Gore Valley, and the visitors thereto, I might add. PETERSON: xave you made a study of the growth o~ • Vail? AScLAUGHLIN: Yes, I have, in connection with liquor licenses, I, that I have hand3-ed in the pastf x have gone through a number of statistics and in trying to determine. exactly what is happening in Vail with regard to the growth. If I may refer to my.notes, T can specify what thane items are. I don't think T can remember thean all. Page 9 PEi';f.SON: Mr. IIrown, is that all right? BRC~«N: No objection. McLAUGHLTN: Yes, through personal. observation, of • course, and from noting the changes in the phone book over the years, number of skier days which T obtained froze Vail Associates, the assessed valuation of the To~,m of Vail., sales tax sheets of the Town of Vail, building permits issued by the Town of Vail and also the Eagle County, the estimated number of beds for the existing units, which information is available downstairs at the Building llepartment, and the number of business licenses issued by the Town of Vail, and the growth and overcrowding of our schools. PIJTERSON; I]o you have an opinion on an~approximation of the percentage grotath that Vail. has grown in the past sevEral years? McLAUGHLTN: Based on what T. have been able to~determine from these, T would say that the Town of Vail. grows at a rate of approximately 2a n 25 per cent a year. ~+ . PETERSQN: Based on this study, do you have an opinion whether these is a need for an additional liquor_ store in Vail? McLAUGI3LTN: Well, based on the study and other things T feel these is a very definite need for another liquor store in Vail. The Tawn of Vail has not granted a new liquor .license east, new liquor license of this type, east of Lionshead since . ~3emmie Westbye's license was granted some fc5u~ and a half years ago. T fee3. that for all practical purposes these are two liquor licenses within the entire Gare Valley. PETERSpN: _ What do you base that upon? ~icLAUGIILTN: T base that on the fact that there's the Crass- roads Liquor Stare, which is independently owned, and ~Erom that T must take it as competing against the other two liquor • stores as a body. And T bare that opinion an the fact that they jointly advertise all three stores, thezefare, from that ,,. Page 10 i r take a.tr X don't see how they could advext~.se the stores jointly and yet have them compete against each other. PETERSON; Mr. McLaughlin, da you desi~:e that this application be granted by the Board tonight? McLAUGI-iLTN: Xes, I have the dESire, obviously the desire that this license be granted by the Board. x think i.t's a very definite need and 1 think that the influx of more c~etition into the Gore galley would be a good idea t.~,. for the existing licenses; I happen to know that of the existing ~.icenses, Wane of them are open beyond ~.~. o' c3.ock _.. __ '` _. ---- at nicsht and- dose very early in the off seasons, and I staffed that we intend to be open from ~ to 12 and that's •a 11 the days of the year that tae can be open; and there are other services that competition will breed, and I think it would be very beneficial to the Tawn of Vail, and,. there-; fore, I thank there is a very definite need. And S do have a desire that this license be granted. PETERSON: I have na further questions, your Honor. DOI3SON : Stewart . BROWN: Thank your your Honor, IFVe gat a. few questions. Doug, you have stated -that a need exists in terms of the growth of the. c~~~u<<unity. What period of growth do you refer_ ta? McLAUGHLIN; I'zn not quite sure, I don't quite under-- • stand the question. BROWN: Yau stated that a need exists far a new Liquor license based upon growth of the cammun~_ty. What period of growth do you refer to? McLAUGHLTN: I'm referring to just the annual growth of Vail and what it has done since the last competitive Z~.quor 1a.cense was granted. • BROWN: That ~rould be since the Hemmie Westbye Zzquar license, is that right? _ ., ,, page 1.1 McLAUGIILIN: Yes, basically. BROWN: All ri ht now does g your growth study also include a growth, a study of.~he growth, of the existing outlets, in ordeac to serve the needs of tine neighborhood? McLAUGIiLIN: l know that, I know the number of outlets, • l have an opinion on whether they are adequately serving the neighborhood, and my opinaan is that they axe not adequately serving the neighborhood, ~ ~ •. B?OWN: fihat wasn't qu~_te my question. Have you made a study of the growth of existing licenses? In terns of Sales. rSeLAUGHLxN: No, I have not. That would ba inforzriation to which I would not be privy. BRAWN: Would it be fair to say that if they top have grown with the community, that the growth of the community tends to be less of a factor in your reasoning? . McLAUGrILTN: I don't understand the question, Mr. Brown. BRO~~I~: All right, I'll rephrase it. l~f the liquor stores have grown with the community, and kept up with community needs, the growth of the community ~.s an irrelevant factor, is it not? McLAUGi-~LIN: ~ l thank that ~~- l am using the growth of . the community simply to show that an existing out3.et such as, a pxoposed outlet, such as ours, can come into the community and can function economically; the other existing outlets can also function economica~.Iy; and the influx of competition would probably benefit all of the outlets as well as the community. BR0~~3N: Why would the influx of competition benefit all of the con~uunity? . McLAI3GkIr,1i1: Well, the United States was, and always has been, a free enterprise system." BR4W~i: All right {inter_rupted). .. Page ~.2 McLAUGIILTN: And you can call. it the free enterprie~=.:• ~.s a better product, that's the theory of it.. BROWN: Fine, but here i;~ Vail it's a small tn~~n, we can rationa~.ize what competition means. xt means better service, doesn't it?~ Does it moan anything else? McLAUGIiLTN: As far as I'm concerned, it means better service. Unless you ---- ~ can't cha_nk of anything else -- unless the competition is so •severe you drive each other out of business, which I don`t think is the case here. BROWI3; xs it your answer that competition is desirable because it wil~_ produce batter service? . MCLAUGHLIN: ThatRS correct. BROC~IN: And better service means to you, what, better customer service? McLAUG~iLTN; Better service to me means better service to the community. BROWN: Well, can you tell me what kinds of ser- vices, what qualities of services, what typos of services yQU. have in mind? McLAUGHLIN: I can't get into all the specifics, but I can.tell you that in my mind competition breeds better prices. BROWN: Better prices? McLAUGHLIN; Yes. Number one, I've already stated that l wou~.d stay open till twelve. z'd like to see you find a ~,iquor store open right naw. In about ten minutes. BROVIN: Now, is it your contention than that the addition of another liquor stare t o the community will better the prices in the community? McLAUGHLIIJ: Na, Ism not saying that, I';n saying competition can lead to better prices. T am not saying that because you have competition a fortiori you have better prices. a ~. pack ~,3 BROI~IN: Well, then, you've contradicted your.se].f . You said better prices wauld result in campetiton. McLAUGHLIN: ~ don't mean to contradict.znyself. ' BRO~ti1i~3: Let me ask the question again, then. Is it your contention or is•it notrthat competition wi~.l Iead to better prices in the Vail cammunity? McLAUGiiLIN: Bventua~.ly, I would have to say 'yes'. BROWN: Now, you also feel that better hours can be offered. MCLAUGHLIN: I didn~t hear your Mr, Brown. BROWN: Do you also feel that the addition of a new outlet,. parti cularly yours, wild. pro~tide bettex hours of customer service? McLAUGFILTN: Immediately. BROWN: Immediately?. MCLAUGHLIN: Yes. BROW13: Because you plan to offer it? . ,' McLAUGiiLIN Yes , 'fi BROWN: Now, if you plans to offer better hours,. others can do the same, can they not? McLAUG~iL:~N : No question . BROj~TN: Naw, as to the growth in the last four and a half years since the issuance of the Westbye license, assuming that to be the proper period, are you basing your estimate on a count of names in the telephone book? MGL~I,UGHL,IN: Mr, Brown, my est~.mate of the growth of Vail is simply an estimate, and it's nothing more than that. zt's not to be taken as an exact figure of the growth of the, Town. of Va~.l. 2 said that it is an estimate based upon my examination of the number that on that list I read off. And that is strictly my opinaan, rage :~9 BROWN: opinion is based on? McLAUGFiLIN me to read it again? All right now, may T ask what youx ~ just xead the list, would you like B]:20WN ; Nv, your opinion of the growth insof ar as the increase of telephone usage is concerned, is that based on a count of subscribers? Is that the weight of the tele- phone bank? .. MCLAUG~3LIN: Zt's looking at the telephone book and counting the nwnber o£ pages that at increases every year; it's calling the te~.ephone authorities and asking them haw • . many new subscribers there are, . BROWN: All right then, general growth of humanity in the area is what you're talking about? McLAUGHLIN: Yes, that's corxect. BROtt7N: You're not talking about growth in users of ~.iquor or particular types of persons. Tt's true that a ;. great deal of growth in the telephone book is corporations and businesses. McLAUGi~L' IN : Na question, that,' s srrhy you could nit base any estimate of the growth of Vail on something as singu~.ar • as the telephone book. ~3RO~~TN: Wouldn't you agree that the telephone book ~.s a very low ardor of evidence for this type of determinat~.on? McLAUGH7.,IN: Taken by a.tsel.f, I would have to say yes. ARO~tiiiQ : All r~.ght, is your estimate of the skier day based upon facts and f~_gures? MCLAUG~iLIN: Uh, T didn't hear yau, Mr. Brawn? BROWN: x Say you have estimated that the skier day has increased in four and a half years? McLAUGHLI:N: Yes. Yes, .~ A . I'ac~e ~.5 BROWN: Do you have facts and fi ores to q support that? . MCLAUGI3LIN: ~ T called Vail Associates and have received those, yes. BROWN: All right. 't`hen you have: a tabulatian~ of the increase an skier days, right? McLAUGIiLTN : Yes . BROWN; Do you attribute that ~.ncrea~ in. skier days to the increase of the alcohol user, as far as retailing a.t? McLAUGHLTN: No, I have, not, Mr. Brown. BROWN: zs it true that a groat many of those increased skiers arc day skiers, are they not? McLAUGHLTN; That's true. BROWN: ~ And sure~.y they don't buy liquor before they get in their cars and go home at night? McLAUGHLxN; Mrs Brok~3, I would have no idea. BROWN : T wou~.dn' t either , Mr . McLaughla.n . Nova; ,' the assessed valuation of the Town, have you established that as a matter of facts and figures? Have yvu estab~.ished the basis for assessed valuation of the Town, the community? McLAUGHLTN ; ~ What do you mean, by that ~--- do you mean what is the assessed valuation? BROWN: - Have you got a basis for your opinion? Ts it dollars? pounds? McLAUGHLTN: ThE assessed valuation is based an dollars, o£ course. BROWN: Tt's in dollars, then your dollar figure was received from whom? McLAUGIiLXN: That's received -•~- T believe the infor- mation is avai3.abl.e here at the Town, I~t my particular infar- mation Z clot in Denver at the Revenue Department, ... ,_~ gage 16 BR06~T1V: All night ~ and .it also is a general correlation of trade and business .in the Town, is a.t nof~? McLAUGHLIN: That`s correct. BROI~3N: And we may gather loosely that it also applies to trade in the liquor industry, But you have not connected the two, have you? McLAUGIiLIN: No, 1 don`t think that an actual connec- tion is possible. BROWN: xsn~t i:he same general. Line of questioning applicable to building permits, estimated beds, and business licenses? McLAUGii~,TN: ~ Taken individually, each item T stated --. that's quite correct. Yau cannot make any correlation. pardon me. BRO~ti'N : Niightn ~ t you not also conclude that as in the case of the phone boak, al.l of thzs in its present shape is a very low order of evidence? McL~UG~iLxN; No, 1 would not conclude that, Mr, Brown. Quite the contrary; x think taken together it is very stxor~g. evidence that the Town of VaS_1 is growing at a very alazining rate. BROT~TN: Now, Doug ~ 1 asked yt7u, as a Dryer gtzes-- boning another lawyer, if it is really fair for you who are only too well aware of legal distinctions, to state as a matter of opinion even that there are only t.wca liquor 1_icenses S.n this town at this time? McLAUGHLTN: No, x do not, Cdr, i3rown. BROWN: Would you tell me why ~W how you can call the well-established legal fact that there are five? McLAUGHLIN: l+~r. Brown, S show yoti an ad in a recent issue of xhe Vail Villager, and if you can tell. me haw that signifies three separate liquor stores or convince me that -~ that's three separate liquoz stores, then 1'3.1 change my mind. ~. - _ , Page 1.7 BROWN: I`11 show you one, Mr. McLaughlin, and ask you if these are three o.r five separate restauxantsr MCLAUGHL2N: Those are. Mr. Brocan, what you have showed me is Mid-Vail Cafeteria, Eagle's Nest Restaurant, • Golden Peak Restaurant, and~LionsHead Restaurant. BROI~fiI: And I'll ask you to turn aver that and ask mE ~'- or tell me if those are three different restaurants. McLAUGIiLIN: Those are also three different restaurants, Mr. Brawn. But x've (laughter} OK, Mr. Brawn, if x might, with the res taurants, you may nota.ce that all of those restaurants are of different type. They are not three equally the same package liquor stores," Therefore, they do not compete against each other. BROWN: ~Canceding your answer is not the 7.egal questa. on sti~.l open (interrupted}'? McLAUGHLIN: The I.ega1 question w-- legally speaking, there are four different liquor licenses. ,~ 1 BROWN: . Thank you. ~ " Mc~~UGHL7:N; Practically speaking, there are not. BROWN: OK, thank you, Yau state that your square footage und~x lease is 1,000 square feet? McLAUGHLIN: Pardon me. IIROWN: You, have said that there are 1,oao square feet in your leased space. " McLAUGHLZN: T said 'approhimately', yes. BROWN: Is that also based upon estimate? MCLAUGHLIN: I don.`t know the exact number of square feet? I'm just (interrupted}. ' BROWN; Could it be as little as 600? McL~IUGHLIN: No, X don't think its that litt~.e. BROv+TN: Well, could it be as Little as 750? ~~ a Page l~ McLAUGI3Llyd; Mr. Brawn, you're asking me to guess, and 1 can't. Z really don't know, The plans are in, and they can determine the exact number o£ square footage. BROWN: X thought you might knaw~ Well, then, in your opinion, based upon guess, it's somewhere between 600 and 1,000 square feet? McLAUGF~LxN: Mrr Brown, T haven't the slightest idea. T estimated it somewhere around 1000 square feet by looking at the plans. Tf it's more or less, X would have no idea. BRO~TI~ : Didn' t you subz~it a floor plan? McLAUGHLTN: Yes, T did but T didn't multiply out the' number of square feet, Mr, Browri. . BROWN: Could you resort to the record? Answer my question ~--- how many square feet are in the proposed facility? ~ . MCLAUGT~ZTN ; _ Mr , Brown , I don' t know, and f urther- mare, for the record, T wi11 object to any questions by rule with regard to the number or square feet. Tt's totally irrelevant to the present app~.ication, BROWN: Mrt McLaughlin, T'll ask you the question again. (inaudible due to both Mr. Brown and Mr. McLaughlin speaking at once) McLAUGHLTN: Z am objecting to that, Mr. Brown., I have nit received anything on my objection. T am also an attorney as (sic} record and T'~n objecting. DOBSON: OK, let's (interrupted). PETERSON: Mr. Mayor, may T suggest that the Town dies have a set of plans available and it would be very easy for the Town to look at thase plans. (interrupted}+ DOBSON: That was exactly what X was going to say. i ~~ ^ page l9 PETERSON: (ca~~tinucr~). and decide. far itself'. Thaw are axchitectura7 drawings (interrupted}. • BROW[: May I move that administrative notice be taken that there are 526 square feet in the proposed Ci facility. DOB50N; OK, let's proceed. BROWN: Doug, are there any other business estab~.ishments in the portion of the Vail Village Inn that you plan to convert to a ~.iquor stare? A1cLAUGHLTN: Xou mean in the same building? BROWN: Z mean in the same wind of the building . McLAUGHLTN; Yes, there's Dairy Depot, there's Harlan Choate Realty, there's same kind of a ski rental business, I'm not sure what-.the name of a.t is. And rzght next door is iiertz Rent--A~-Car and there ~ s a plumber, Geox'ge Garr, is ~.n one of the units . BROWN: This little shipping center is serviced by wha-~ kind of parking facility? • McLAUGHLTN: Vail Village ann. has a great deal of parking all around that particular wing. BROWN: ~ All around the Vail Village lnn? McLAUGHL7N; -Yes. BROWN: Has that parking facility been e~pan.ded since tYze Vail V~.llage lnn Baas converted from a hotel to a shopping center? McLAUGIiL1.N: Nfr. Brown, ~ wouldn't have. the slightest idea. BROWN: .Would you make an estimate? McLAUG i3L:CN : No - I wou J.d nit ,, BROWN; Now, 1 don't quite get the significance of your reasoning that because East Meadow Drive is going to ~~ Page 20 be converted ~o a pedestr~.an area, on planning, that, there- fore, a new liquor store is needed in Vail. McL7~UGIILTN: T did nit say that, Mr. Brown. I said ' that's the reason we chose the Vail Village Inn. BROWi~: Would you expand on that reason? McS~AUGI3LIN: We chose the Vail Village Inn because presently you can drive past that and, you know, go up East A4Eadow Drive. When the Vaal Plan is finally put in~.to effect, you will not be able to do that. Xou would have to turn left -- if you were anywhere around that area of the eastern part of the Town of Vail around the Clinic, the Holiday Inn{ the Vail. Village Inn{ the Kaiser Morcus buildings there, the Clinic a.'tself ~-- if you wore in any one of those you would have to turn left where you can presently go straight on East Meada~•r Drive and go up around the Conoco station. Therefore,.I thank that that's a natural. place to put the laguor store, That's strictly a business j~zdgment. ,~~ ./ J3ROWI~: Do T gather that you feel that when the ` East Meadow Drive is turned into a pedestrian area that your 3ocation will afford a particular convenience? McLAUGHLTN; I think zt would be much more convenient to the Holiday Inn, yes, ar~d those buildings around the Holiday Tnn, yes I do. BROWN: Doug ,. just one last question. Where is the nearest retail store outlet to your proposed location? McLAUGHLTN: The nearest what? BROWN: DaBSON: $ROj'~IN McLAUGHLTN: Retail store outlet. Do you mean retail liquor stare? Yes Mr. Mayor Where is it? ,~ G • • BROL~TN ~ Yes ~ where is it a.n relation to your proposed outlet? McLAUGiILIN: lt's east of my proposed outlet. BROWi~I: OK, how many Feet east? MGLAUGHLYN: T wouldn't have the slightest idea. BROt~]N: That's a business decision that you haven~t investigated, is that correct? McL~IUGi-iLTN : Mr'; Brown ~ ~ haven' t ~ gotten out there with a tape measure and decided exactly how far it is. BROWN; OK, how about an esta.mate? McLAUGHLxN; ~ aIn not going to estimates Mr, Brawn, because 1 have no idea BROWN: All right, I have na further questions, Mr, Mayor. DOBSON; OK, thank you. Do you have anything further? PETERSON: ~ just have one. Mr. McLaughlin, have you r discussed expans~.on with your landlord of the Vail Village lrzn? McLAUGHL~N: Expansion of the license itself? PETERSON: Xes, if the growth is warranted. MCLAUGHLIN; Yes X~believe T stated that if the growth warrants, we can expand the license considerab~.y into other room units. There is also a ~.arge arrlount of storage space available underneath the Outback, which is not connected with the pzesent license, but ~ have been able to determine that undEr certain Ci~ccumstances we can annex that to the 3icense far storar3e. PETERSON: In other words, the 570 some odd square feet could be greatly expanded. McLIa.UGi-iLXN: Xes, it could be greatly expanded. PETERSON: r have no further questions., Page 22 BROWN: Just one more question ---~ your proposed starage space is to be on premises other than the ~.icensed • premises? 2s that correct? McLAUGHL~N: No, that`s not correct. . }3ROWI~T: Didn't ~ understand you to say that your storage would be in the Outback hua.lding? McLAUGHLZN: Oh, na, I did nit say that. T said. that there is a possibility in the future that w,e wau~.d apply fax that, yes. BROWN; That you would apply for a license on those premises? . McLAUGHLZN: That tae would try to get starage space over there. There is a possibility, Itm not saying that we will, T'm just saying that it's a passibility. BROWN; OK, am ~ right or t~yrong that storage . ,, , space is required to be an th.e licensed premises? McLAUGHLxN: T checked this out with Mr .. Kent of the- l,iq,uor Control. Division, and :C'rn just simpiy stata.ng what Mr . Kent told me. He said that under certain .circurnstance5, as ].vng as storage space is in plain view and is across parking area from i:he main store --~ in other words, a.s within a very short distance from the main store, can be made part of the license, yes. ~ got that infarmatian from them, whether that's true az not I have no idea. BROWN: I5 it a matter of truth ar is it a matter of legislation? ~. McLAUGHLTN: T haven't any idea, ~ just ~ {interxupted). BRO~tiTN: Aid you. ask hiin to cite his authority? McLAUGHLIN: No, I did not ~. (interrupted) BROWN: That's all, _ A _- _ r Page 23 WHITE: I have one question. You brought up the stab~eet of your previous License ~-- the tact that it was denied on the state level. McLAUGIiLIN: Yes, it was. WHITE: And T wonder if you would elaborate on that a Little bit and explain what the condition5.were under which it was denied. _ McLAUGHLTId: We11f to tell you the honest truth, .Gerry, Z didn`t understand the opinion. I read a.t maybe three tames, and I did not quite undersi~and it. I would not like to expound an what he meant. I have a copy of the Opinion, of you would like to read it. From ~ahat I was able to determine in the hearing down there, he felt that our attorneys ai. that time, you may recall Z was being repre- sented by another attorney, he felt that that attorney dial not . properly establish two things; (l) where the neighborhood was, and (2) needs of the neighborhood, r BRAWN: Would you repeat that, I didn+t hear it: McLAUGHLTN: Where the. neighborhood was and needs of the neighborhood, is what I felt, As I stated before, T do 'not agree with. the Gpinion and T did appeal. it, but then we dropped the appeal because the space was sold. ICLUG: Doug, when you apply for a liquor license and are denied that liquor license, isn't there a time: lapse requirement bet~•rcen applying for another one? ~ZcLAUGI-ILxN; Yes~.two years, ThatES the same location and the same applicant. This is a different applicant and a different location. They were both corporate applicants. SNII'I'H: I.would like to ask a few questions to the objectors to the petition, Mr. Brown, based on the evidence that has been produced at tha.s hearing, would you state for the commission very brief Ly your specific objec-- Lions to this petition k~age 2~ , d d d i hb h BROWN: or oo o not 5 of the ne g Yes, the n,ee requ~.re an additional la•quor license. SMITH: Would you say that the basic problem for the commission would probably boil down to determining what the neighborhood in question is? BROWN: It has the duty to do so. - SMITH; Right. What is .your opinion as to what the neighborhood in question is? BROG~IIV ; The -Gore Valley and its environs and the frequent visitors representing our tourist population. SMITH: ~ Very good.' Would you say that that would be equivalonl: to the marY.et area? BROWN: Yeah, the market area meaning that we serve both the native and visitorsr on a regu~.ar basis,. SMITH: ~ Right, then, that considering the-.type of town this is, thai rather than basing the neighborhood ~, definition on matters such as distance, pozitica]_ boundaries, and so forth, the enta.re area that would be serviced by an nutlet would be the best guideline for the commission to use in determining what the neighborhood is? - ' BROWN; The market has a~.ways been the determining . SMITH: It is your position that taking. the entire valley, Gore Valley, into consideration that thex'e is no reasonable need for one more outlet? is that your position basically? - • BROWN: My position basical~.y is that the needs are now adequa L-ely being served by existing outlets. SMITH: Then are you also saying there is, no need in this neighbor_hoad,•that you have defined as the entire Gore Valley, for even ono mare Licensee in this category? BROV~N : That ` s correct . - ~ .. ,. c P~~ ~ ~ 25 St•,T~ii: ~ thinir, that that is the issue then. DOi3SON: 1 think that that would become apparent as both sides proceed with their case. I just have one point here, we just gat a bul]_etin in that someone has streaked the Academy Awards, {Laughter) Streakers of the Academy ' Awards on te~.evision: Sorry about that, Stewart. Who`s on base here now? BROWN; T'•m up fox redirect, ~ and T hate to --- if streaking will help to bring some levity to these legal questions, why T'll appoint somebody. (Laughter) • Just two questions, Doug, which pertain very much to the law underly~.ng some of your statements, and T do thank that you're fair game on these questions, You read the Decision of the Executive Director? McLAUGiiLTN: Yes, T did. BROWN: And you McLAUGHL3:N: Well, T do not. BRQ~TN: Naw, yo~ a.ssu~ance of liquor licenses state that you don't understand it? do not quite understand it, no I' r a've read the statute underlying {inaudible, due to both ta3_ka.ng at the same time). MCLAUGHLTN: First of ally I'zn going to object to any line of questioning on the other license and the Decision. Tt's totally irrelevant to the present application and has ' nothing to da frith it and is prejudicial to the present application. BRAWN: Mr. Mayar, the question has been opened up and the question has been answered. T bc~li~ve T'rn entitled to puraue the question further, and particu~.arly in view of certaa.n misrepresentations that have been perfectly apparent to me. Page 26 • BROWN; Till leave it far. argument, Mr. Mayor. DOBSON; Let's proceed then with the direct questioning. BROWN: - I have no further questions. DOF350N: l ~m going to ask fox legal counsel on this , xt would seem that we're getting into an area here, Gene, that might be germaine to the issue. SMxTIi: T think that this is irrelevant under the ' circumstances, and even though in the preliminary stages there were some gucst~.ons that were asked and ans~~~ered, l don't believe that wau~.d open up the entire previous heaxinq and the decisions thereon to further questions. - PETERSON: Also, I believe Gezry White cams the one that asked the question, and tae did not ask t h~ question, nor did Mr. Bxown. BROWN: ~ ~ ~ 11 leave it for argument. DOBSON: Excuse me. ;. DOBSON; OK. ~~ - applicant in any way? PETERSON: Rest ~ am. Vail Vi~.lage Liquors, Inc. A4cLAUGIiLIN: This iu a Watergate hearing, Z believe, Mr, Mayor. Will you state~yaur full name, please? PETERSON: Yes, my name is Jay Keith Peterson. McLAUGHLIN; Mr. Petexsan, are you connected with the that'd be cheat. PETERSON; Z have no further questions. McLAUGHLZN: May 1 step down McLAUGI-iL1N : ~ call Mr . Jay Peter son . DaBSON: Looks a lot like the lawyer fella. {Laughtez} PETERSON: We save a lot of money doing this. {Laughter) D033SON: Zf this works, we're all lawyersr 1 thank Tim Secretary-Treasurer of ~, Page 27 McLAUGHLIN: Mx'. Peterson, how old are you? PETERSON: I'm 2g years old. ' MCLAUGI3LIN: ~ Are you in business in the Town of Vai_"+.? PETERSON: Yes, X am. l presently practice law in the Town of Vail. v?ith the law firm of i~icLaugh]_in and Hart. b~cx.AUGHLTN: Are you a partner of that firm? PETERSON: Yes, l am, McLAUGi1LTN: Mx, Peterson do you have an opa~iion how long have you lived in the Towrn of Vail? PETERSON: :I've lived hexe approximately a year and a half . , McLAUGF3LIN: ~ xn that time by personal observation, do you have any opinion as to the population trends of the Town of Vail ? . PETERSON; Just in the t~.me since ~.'ve been here, which has been a yEar and a half, I've noticed a substantial amount of growth. 1've also had an opportunity thxaugh my ;' employment by the Town last year to look at the records and notice the growth, not only sales tax, but population figures and also building figures. And TFVe noticed the growth there to be also.very substantial. McLAUC1iLIN. Mr. Peterson, you heard me agree with Mr. Brown that tYie neighborhood to be served is the entire Goxe Va~.ley, do you agree wa.th that? PETERSON: Yes, l would agree with that. McLAUGHLIN: Mr. Peterson, for that particular neighborhood, do you thank that there is a need-for the present application? " PETERSON: Yes, l definite]_y believe there's a need for another Liquor store 3.n the Town of Vail. Papa 28 McLAUGIIL~N; And upon what do you hasp that op~.nion? PETERSON; 1 base that observation on all my personal observations of the Townr my study of the records of the Town of Vail which are, which anybady can look at through the Town, and also, through my looking through the ads in The Vail. Villager and the way they have advertised, and the present liquor stores in the Town. MCLAUGHLZN: Do you feel the present liquor stores axe adequately serving the neighborhood? :J • PETER5DN: No, T do not, MCLAUGHLZN: Can you gave me some specifics? Are they open until all hours th~.t they can? PETERSON: No, T be3_ieve that they --- that only one liquor store is opEn until. 11 o'clock at night; the one at Saf away, T believe, is only open. until 8 a' clack. at night . And 1 believe the one in Tawn is open some nights till 10 o' clac~~ at night. McLAUGHLxN: Mr. Peterson, do you personally desl.re this license to be gxanted? PETERSON: Yes, I do, MCLAUGFiLYN: Thank you, 1 have no fuxther questian.s. DOBSON; Stewart? ril 1 BROWN: No questiansF DOB50N: Questions from-the Board, Town Attorney? DQNDVAN: On the needs of the nea_ghbarhaod not being met, your one argument was that the haurs are nit xEasnnable. Px-es ~y the licenses are not sufficient. _ .----- PETERSON: That's correct... DDNOV;AN : ,~1,re they not sxxbj ect to change tomorrow? ~n other words, if someone were to stay open anathcr hour, wouldn't you say that the needs of the neig~xborhoad are being met? Page 29 ~'ETERSON; I've noticed that they aren't open now. ~dhy aren't they open no~v? Possib~.y, a~ we get a liquor store, or the threat of another liquor store, they say, "Well, we could be open those hours." In the past 1've noticed they've never been open, why haven't they been open? I also notice in past hearings where people have said they could stay open those hours, they immediately go back to their old hours, Also, there's no guarantee that they'll keep their hours open. They have not done so in the past, DONOVAN; Well, wouldn't that indicate to you that maybe there isn't a demand? PETERSON; No, ~ taauld not. DONOVAN: .You mean a person who is in business would not lake to stay open if there was a'demand fox his sales? PETERSON: Z believe that the demand of ter 10 o'clock at night probably is not as great as the hours between, say 6 and l0, to provide a full service. X think you have to ,'~ ~- eat the down time when maybe you're only breaking even the ' last two hours. Z think an order to provide that service you have i.o eat that dawn time, and we intend to provide that. STExN~3ERG: Mr. Pctersan, you haven't been asked- here how many times have you gone to a liquor stare in the Gore Valley and fcaund them closed on a legal day. PETERSON: x have noticed that the I.,ionshead store . (interrupted. . STExN~3ERG: 2 didn't ask you that, I asked how many tames have you personally gone to a liquor stare in the year and a half here and found it locked when it could have been opened? To make a purchase? PETERSON: I would Say probably only a couple of times, but x had only been in a Liquor stare maybe l8 or 20 Pa~,}e 3 0 . times, T do not drink very much. McLAUG~IS~Th: You do not drink, is that correct, Mr. Peterson? ' ~'~TERSON: Na, T drink very, very little. SMTTli; Your Honor, T have one question T~ would like to ask of this witness, Mr. Peterson, T think we have pretty wezl cleared up, since there is na dispute on the paiIli: ~ as to what the neighborhood is, which i5 in the Gare Valley ~ at .east cleared it up f o~: purpose s of this particular proceeding. What would your answer be t4 the • r..~ ~~ Page 3~ inquiry as to what Limits, if any, there are on the number of outlets that tl~,is token could have to satisfy the reasonable needs of this so-~ra3.7.ed neighborhood? ` PETERSON: Well, x've noticed that if ~ wan.t to go to dinner and have a drink, I have a choice of probably 30 to 35 xest.aurants that serve alcoho? and serve food. I've noticed that ~:'ve gat four. liquor starGS to Ghoose from, and in my opinion, t~~~o practa~Gally, in my opa.nion throe of them are one. Z have na opinion on the outs~.de limit of she number of Liquor. stores. That's alYaayS a hard thing to say, I don`t think any- body could say one is one too many, dust like on the restau-~ rants. X believe that at the present time the town needs one mare J.iquvr stone. That's the only thing I think right riowr I'm not saying tt~7o or tha~ee, I'm saying one. I think they definitely need one. - SM:~TFI: And you are saya_ng that the present five da not satisfy... (i.nterrupted) :~ kETERSON: X say...I be3~ieve there's four. SMITFI: 4K, four, cahatevex the present number is, that clearly does not satisfy, in your opina.an, the reasonab~.e needs of this neighborh,aod7 PETERSON: That is correct, Mx'. Smith. DOBSON: Doug, do you have any more? 1~SCLAUGHLTN: S have no further questions. _ DOB50N: St~wax't, do you? ~3IZOTr7N: No further questions. DOI3SON: Thank you very much. MCLAUGHLIN: I call Mr. Gattfra.ed St~aufer. Would you state your: full name, please? STAU~'ER: Gottfx'ied Staufer. MCLAUG~iLIN: Mr. SLaufer, what is your present occupation? STAUFER: Food and beverage manager in Vail Village xnn . T~age 32 MCLAUGHLTN: Do you presently live in the Gore Va1~.ey? STAUFER: Tn Bighorn. ACLAUGHLTN: IIZ.gharn. Mr. Staufer, have you discussed with Mr. Peterson and myse7.f and Airs. Anne Staufer the pa5-- sibS.lity of going to work for us? As manager? STAUL~'ER : Yes . MCLAUGfiLTId : Could you state for the ~3aard what your expertise is with the Vail Village Tnn? , AiCLAUGI:LTN: Let me rephrase that quc5tion. ~Ax'e you the food and beve rage manager of the Vail V~.llage Tnn? STAUFER: Yes, T am with the Vail Village Tnn Since the beginning of 1970, and since that time T have been food and beVerage~ mana ger. S~hi.ch actually n~eans as far as beverage a.s concerned - T do the whole buying for the Vail Village znn. A11 the b~:verage, and naturally the food, too. biCLAUGHI.,TN; Mr. Staufer, do you desire the present application to be granted? ,~'~ - r~ STA.Ui:'ER : Yes , T do . r ( MCLAUGHLTN: Thank you, T have na further_ questions. DO$SON: Stewart? BRAWN: No questions. DDBSON: ~ Thank you, Gottfried. MCLAUGHLTN: T call ri.r. Ed Colt. Mr. Colt, would you state your full n ame, please? COLT: Ede,*ard Woodruff Colt. ' MCLAUGHLTN: Mr. Colt, could you speak into teat a 1ittl.e more, T don`t think they can hear you. COLT: Edward Y~Toodruff Colt. MCLAUGHLTN: Mr. Colt, what as your occupat~.on? ' COLT: T'm in the restaurant business in Colorado Springs. - MCLAUGTI~:,TN: And how old are you Air. Colt? That's an unfair question. Are. you over 21? COLT; T'm aver 21, yes, ._ is Page '~3 A4 A G T CL IIL U N: Mr. Colt, how many restaurants da you own in Colorado Springs? . COST: Three.` MCI;,AUGI~ILIN : ~ Are you also a part--time resident of Vail? COLT: I am. MCLAUGHIIN: And, do you own a condoma.nium in the Vail. area? COLT: Yes, Pine Ridge Townhouses. MCLAtIGFILZN : Pardon me . COLT; P3.ne Ridge Tot~~nhouses, Vest Vail. MCLAUGHLIN: Thank you. Mx. Colt, do you often come to~the Vail area late at n~,ght? COLT: Every week. MCLAUGHLIN: What day .i_s that? Is that on a Monday? COLT: Mondays, yes: DZGLAUGfiLIN: Mx. Co~.t, do you, ..have you ever found upon arrivin g in Vazl that the liquor stores were c:~osed?. COLT: x find it difficult to buy any packaged beverages in Vail when X get here. MCLAUGHLIN: And why is that, Air. Colt, axe they closed? GOLT: Obviously, they're closed. • MCLAUGHLIN: Mr. Colt, ho~a long did you say you've been coming to Va il? COLT: Frobably for five years. MCLAUGFIT~IN: In that t~.me have you noticed any signifi-- eant change in the population of Vail? COLT: It's become a city-from a town. MCLAUGH]~IN: ~ Mr. Colt, based 4n your own presont needs ar:d desires would yoy say that there is a .need for another Liquor store in the Gore Valley? COLT: Very definitely. MCLAUGIiLZN: And why is that, Mr. Colt? Page 34 COLT: Well, it's always appeared to me that t17E existing stores have sorta scraped the cream off the top of the bottle and run their oc^:n hours and their own times and haven't actually scrvicEd the public as a licensed liquor store should. MCLAUGFiL1N: Mr. Co~.t, do you personally desire this ~.icense to be granted? eoz~T : Yes ~ ~ da . MCLAUGfiL~N: Thank you, I have na further questions. DOBS4N: Stewart? • }3ROt~~~N: Mr. Coke, your statement.... {interrupted} MCLAUGHLTN : Air . BroVrn, it ` 5 NFr . Colt, I' m sorry , BRO~~TN: Colt, thank you vary much, ~~r, Colt, you state that the stores in Vail have not adequately served the public because of freedom in arranging hours? COLT: For my purpose, being part of the public, yes. .l. BROVdN: Well, what hours raau~.d.you like? ~;` . COLT: Well, T th~.nk they oughta be open till their license...til the l.icens~.ng authority...as long as they're able to open. They're allowed to open until midnight and they close at 8 0`cl.ock or 7 o'c~_ock or they open from 5 until 9 and then they don't operate duriaag the length of time that the State alloti=s them to. BROI~N: OK, have you found this to be true in •evex_y case? ' COL"T: Exp~.ain what you mean, zn every case. BROT~'N: WE3.1, T think there are five liquor stores in the neighborhood now. have you found that they're all operating? (inaudible due to A4claughlin and Brown talking at once). BROC^TN : Well , excuse lne . MCLAUGI~ILXN : I' m sorry , Air . Brown . COLT: T have never found one open after 11 o'clock. page ~5 13It04~7N: Now, have you upon arrival. in town intresti- gated every store and ascertained.~:ox yourself that they're a~.l closed at 11? COLT: ~ have used the telephone on several oc-- casions and I've never found one apen after 1~.. BROyiN: OK, did you ever make complaint to the stones about their hours? COLT: No. BROW i~ : Did you continue to rely can the Vail Liquor outlets for "after 'll" serva.ce? COLT ; Na . BROtti~.~~: Once having found that it was z~at a`>ai.lab~.e? COLT: That's xight. BROWItI: Might- you not have? COr.,T: I'd just as boon spend my money here where I pay my taxes. }3ROVTN: ~3ut you might have purchased e~.set~7here,:`• r r might you not? COLT: xt'S d~ffxcu?t to say. BROj~]N: How many towns do you drive thxough coming from Coloxado Sprin gs? COLT : Quii.e a numbex . BROj4N: How many of those have liquor stores open tiJ.l midnight? .COLT: I have no idea. BROWN: Did you ever investigate? COLT: I hesitate to carry alcohol in my car. Opened or unopened, ]3RUIf1N: Even at the e~cpense of not hava.ng a drink w~~en you get here? . CULL.` : That's my problem. D0~3SON: I think., Stewart, we are undErstanding youx lane of questi onings and the problems of hours aze about k'ae~e 3G as tacll. docuzncn~:cd as ~ we c~~n documer.. 4 ~. if you dan't ob joct, let's get on to same ot~hex kind of q~~~.. '.~.oning. BROT~YN: ~ have zoo furt.'.~:~x questions. MGL-?1I3GI3Z,1:N: Mr. Cott, 1 h~st~e no further questions, DOI3ilON: Thank you, tar. Cast. O.Y., next witness. AiCLAUGIiJ-,IN: Yes, Z call tYx. Fred Angeloh, please. h'ouid you state your full name, please,? ANGELDII: Fred Louis Angeloh. MCLAUGIiL~N: Mr. Angeloh, wl~,at is your occupation? AhGELOIi: T'm a ski shop maiZagex and part-owner. tICLAUGIiLT.N: Mr. Anc,~eloh, do you...how long have you Lived in the Town of Vait? ANGELOII : A l.a.ttle over two years . MCLIIUGIILxN: Are you f~.~liliar with wI?exe the present applicat~_on is~ to be situated, if it is granted`? ANGI/LUI3 : Yes , X am. MCLAUGI~iLIN: Mr. Angeloh, do you feel that thew is a need for such an outl et? . ANG~LOii ; YES , x dp , tiCLAUGI3I~:CN: Mx. Angeloh, do you. desire such an outlet? ANGELaIi: 1 do, MCLAUGHLSN: Thank you, 1 have no further questions. BROWN: No further questions. MCLAUGI3LIN: X call Michael. Sal.loway. Mr. Sall.oway, will you state your full. name, please. SALLOxi'AX : Michaet Hiles 5alloway . MCLI1UGIiLxN: Air. Sallot.~ay, what is your occupation? SAl,LOI~,~~'1Y: t'm a part-owner in. a ski shop. MCLACIGI3L~?J: Iiaw long have you lived in the `own of Vaal? SALLOI~dAY : Thxee and one-°hal~ years . MCLAUGIiLI~N: Aix. Sallowa~r, are you familiar_ with where the present application~is to be situated, if it is granted? SALLOL~'A~.r : Yes , 1 am . MCLAUGIiL~N: Do you feel that there is a need far such an appla.cation? Page 37 SI~I'1I~06anX : Yes , T do . MCI,?~.i.lC,IiLII3: Da you desire such an application? SAL ;r~Y: Yes, T do, MCL1 :ILxN ' ' . : T have no fux thex questions. IiRQ;...•; : T have a question . FJ}1~T do you desire an additional o~ltlet, rir. Sallaway? SALLQS•7AY: T basa.caily feel. that Vail is a sexvice oriented eomr3un~.ty, and T feel this wi1.l add an added sezvace to the people visiting the Town of Vail as will as•the people in the area. BROG~'N: Do you h.uve any other reasons? SALLOP~A.Y; Yes, I feel co3npetition is goad. I~uo„1N : why? SALLOG•rAY : [dell , T thank that Mr. hScLaughlin answerora essentially...hel,ief in the 5~311C?, uh, responses he made. 1 feel that it dives bettez- service to Customers and keeps prices very-good. IIROwN: Thank you, no furthor questions. MCLAUGIILTN: Mr, Harlan Choate, pl.ea.se, would you state your full name, please? ' GIiQATE : Harlan Eugene Choate . ~~~ AGCI.,AUGIILiN: Mr. Choate, what is your occupation? CHpI~TE: Real. estate broker. MCLAUGIILTN: Can you tell me t4~hexe that office ~.s located? CHQIITE: Tt's located on th.e west silo of the Vail Village Tnn. MCLAUGIiL:~N: Ts that near the present proposed application? CTIOATE; it's on the opposite side of the same wing. MCLAUGIILTN: Mx'. Choate, do you feel that there is a need :fox- the present application to be granted? CI30Ia~TE: 1'es, 1 do. MCLAUGIILTN: Mx. Choate, do you personally desire it? cxoATla : ~xes . .~ t" j Page 38 MCLAUGIILIN;~ ~ have na further questions. b0}3SON : St o~~'axt'' BROZ•;t3: Are you involved as a real. estate agent in this transaction in any way? CHOATL: x am not. BROWN: Why do you feat. that...there's a need for the new outlet? CIJOAT.%:: x like to see the additional service that would be pravic~c'd for both the tourist and the local people. 13R0~6I3: Better service, i.s that yo[zz answex? CHOATl's; That's correct. BROWN; Are there any other xeasons? CFIOA`~"L,: Not par-L-icularly, rao. $RO'4ai~ : Thank you . MCLAUGHLTN: >: have alo ft~~~ther questions. DROWN: No further questions» - DODSON: Doug? Thank you, Harlan. MCL.AUGHLIN: Mr. Gaynor Miller, please. Would you state . ~ i your full name, please? - MTIfLFaR: F. Gaynor Miller. ,A~CLA,UGIIx.IN: Mr. Miller, how long have you laved in tho Tow: of Vail? ~ . M~:LLER: Apprayin~ately 11 years . riCLAUGHLIN: Approximately since the beginning of Vaa.l.? MILLPI'.: Yes . MCLAUGHL~N: Have you lived here continuously since that time? rixLLrz~: xes . MCT'_,71UGFILIN; Mx'. Mil.lez, axe you familiar, with the appro<.i- mate location of the pxesent application? M~LLIa'R: -XeS, I am. MCLAUGFILxN: lnyour opinion, does the neighborhood as defined as the Gard Valley need ~l~he present application? - - ~` I~ac~c 39 rlxl'~LI~It: would you restate? r1CLItUGIiT.,IN: Do you feel thcz:e a.s a need for the present application to he granted? t~ixLLER: Yes, T do. r7CLAUGIILTN: rlr. riiller, do you personally desire it? rITLLI~R ; Yes , T do . 1~ICL~IUGHL]:N: Than}. you, S have na further questions. DOBSON: Stewart? }3F~06dN: No further quest~_ons. DOBSC)N: Thank you, Gaynor. MCLAUGHI,TN: Mr. Gary Cooper, please. Wou~.d you state your full ns.me, please? . COOPER: Gary Lee Cooper. . MCLAUGIiLTN: What is your occupation, sir? GOO}'ER: T `m co--owner ai' the 3luznphrey Caopc.r restau-- rant. MCLAUGHL~:N: Mr. Cooper, are you familiar with the approxi- mate location of the present application? COC)PER: Yes, T am. MCL~UGIiLTN: Da you feel that there's a need for this application to be granted? COOPER: ~ T definitely do. . MCLAUC~I-ILTN: Do you pe~'sonal.J.y desire tha.s application? COOPER: YeS, T do. MCLc~UGI-ILI1~ Th } X H ; an : you, ave no further questions. ~3RO~~,~N : No further questions . DUI3SOR3: Thank you, I~ir. Cooper. T always thought of Gax:y Cooper as tal.Zer. MCLAI7GIILTN; Mr. Mayor, that coz~c_ludes the... T think Mr. Donovan has a question. Page d0 DOP~70V~~N: Tn yaur peta,tions.. , I have to go back to the petitions...you refer to the ne~.ghborhaod.as Avon and t•~znturn. Do you think you aughta add two mare li.quar stores • to tY~e count then? MCI,AUGiiLIN: Cell, you could but as it's stated in that L-hing, I am saying that it's hasica~.ly the Gare Valley, but there are certain peop~.e ~aho ~.zve in Avon and Edwards and Minturn who do work in Vail, and I would say that you have to, although these people couJ.d not technica'ly be classified as "visitors" to the To~•rn of Vail, I would have to Say that, yea, they canstitut~e part of the buying public of the Tawn of Vai1_. That`s what is meant by that. DOiVOVAN: But they also cou3.d puxchase. , . (a.naudible? . MCL~1UGiiLIN: Yes, that`s true with i~linturn, fires. I don`t think there's ane in Avan ar Edwards. T_think applica- tion has been made, but x don't know. . DONOVAN: I think there's onE. MCLAUGi~iLIN ; I don ` t knos,T . I' m not aware of one i f ;` there is. There. is definitely ane in Mi.nturn. Mr. Mayor, that conc~.udes the presentation for the appla.cant. I30BSON: Are there any questions from the Tawn Attorney or the Council.? S~•ixTH: No further questions, your Hanor_, BROCti'N: I`I1 ask Mr. Char~.es ~iickox to take the witness stand., please. Please state your_ full name. ~iICK05; : BROWN: NSCKOX: Meadow Drive. BROWN: bit. IixCKOY Meadow Drive. Ghaz:lcs Fredxick Hickox. 1~nd your address? Z0~ Scorpio Condarninitzrn, which is an East •I think that you'd better speak up a la-ttle 10~ Scorpio Condaminiunz, whici: is on East l~a~~e h 1 • BROWN: And how sang have you ~ ::~i.ded a.r ... i? HSCICOX; Aplaxoximately two ycaz'.-. BROG~7N; Ana what business are you in? IIICIiOY.: ~ am tYie co-owner and manar~er 4f i.he Liquor and Wi~:e Shop in the: Crossroads . SROS~iN: In the Crossroads Shopping Center at flail? HTCKOX: That's right. BRO~~~~: All right, Wore, very bra.ef ly will you please tell tl~e Council the•extent and natuxe~of your liquor store opex•ation . IiZCI;OX: 1 rea~i~c the evening's getting 3.ate and ~' 11 be as... (inaudible) ...passib7.e on this. Sasical7_y the Liauar and Wine shop in the Crossroads is open from 10 a.m. to 10 p.m. and this is on every legal day of the year. We are closed on3.y on Sundays and on Christmas Day. The hours remain 10 to 10 throughout the rest of~the year. The shop area is about ~., 200 square feet.. Am I coning through? Of this about 550 is chap front., we have 3.50 in cooler, and the rest is in i storage. The latest inventory was-taken on ~'anuary 1, of this year., at which ti3ne we had a grass inventory of $57,933.00, 3.7,93.7 individual bottles, and it represented 1,3(10 separate items. l.might point out that at that, time we had dust come through the holiday season and our' inventory was unusually 3.aw. zt usually runs about 20 per cent higher than that. We operate Frith one full--time employee and ono part--time em- ployee. Ordinarily the working clay works as hallows: A1y w~.fe goes in and opens in ~:Yie morning, she goes in at 9:00 and is xe3_ieved at 12:00 noon by Dither the fu11-time employee or. by myaelf; and whoever relieves hex works from 12:00 until 6:00. The second ono comes on at x:00 and works until 10:00 In other wards we have a two-hour overlap period dura.ng the peak hours of the day. And we aif:ernate, the employee and 1<,.if hc~`s working rionday afternoons, 1'17. work Monday evenings, of course. The next day, he wi3.1 work i.n the evening and 1`11 wgr_k in the afternoon, so we alternate back and forth tha.s way Page; ~?. fox' s1x d~~ys a week. I3asical~.y, tl~at's the way the ~perat~.Dn runs. 13RGT'~N: Very cac:l}., thank you. I7a you have any reason: to believe that yotn are nat adequately serving your customers? HICI:OX: ~ have never been accused of it. BROIv'N : Have you had arty complaints? HTCI.OX: 1 have never had any camplaints about the hours or about the service. tNoise tv'hisl,~ered questions to McLaugh~.in by }3rown c•rcre ztzaud~.la~.o . TaONOV1.~N : :C thank 1 kno;v it . l~1CLAUCHT.~~N: t~'hat'd, you as}c me far, Stew, you a~.ready- kne~V? BROT;'N : Tt caauldn' t Iaak good in. the record . Itilr . Hi.ckox, T have handed you a document. Can you identa.~'y it? . Cain you ~.denti~y the doc:uznent that 1 have just handed to you? H~CI;OX: Yes, 1`rn sure that the Vail. Resort Ass oci~ta-on carp as well. I have superposed tsic) on the VRA map the Zocata.on o~ the existing liquor stores o~ which you wi17. see ghat there ~ are three wath~.n the care area. Alsa; just o~~ the care area, ! 9/laths os a mi]_e ~to the west is the Gore Valley }::~ q;inr~ d • which o~ course has been opened about a month and a ha~.f nor. -~._, '~ Minturn, the villar~e o~ Ma.:-zturn, has two ~.iquor stores---Mint~~rr~ Liquor and t}~e eagle Rs.ver Liquor...and at Avon there's the r Beaver Creek Liquor Stare. BROiVI~: Atl ra.ght, thank you, I thin}: the map vra.ll speak £ar itse].I=, except ~.n one regard: have you paced the distance between your store and the proposed Store? HTCKC)X: Yes, it`s a hundred...(interrupted) I3RQTdI3: A~.I right, go ahead, IiICI:OX: lt`s ~~ ~+~. i F'ac~e ~ 3 - BRDP~t~: Mr. Mayer, I propose for admission as evir3er~cc the ciocu~ncnt ~~~Izich h~.s just been x'ef.erred to as a map of the To~~rn of Vail, as protestarlL-'s Fxha.uit ~.. DOI3SON Let it he entered. OK. MCLAUGHS~TN: I have no objection, your Hanar. BK4td:I: Mr_ . Iiickox, I have handed you a document. I wi.7.1 as}; you to identify it. - IiICY,OX: Yes, this is a petition that S personally have circulated over the lash. i:ew days. BIzOVv'x~: Ali. r.~ght, then I `11 ask you to hand that to i~ir . Donavan, ~:nd I cail~. pzopase admission of this document into evidence a's Petitioner`s, of Protestant's Exhibit ~. MCZ,AUGII3.,Ir1: S have no objection. D©$SON: Be it so encored. BROVnd: Mr. Hickox, how often nave you been asked for service after 10:00 p.m.? I37CKOX: Hover. I3RO~~Tt~ : Ail right, ~.et me ask the questLOn or~ce~ . again, I di.dn't ask it right. Iio~r often have you felt they need to stay open after the hour of x.0:00? ~3oth on custom and doniand? HICKOX: ~ May x elaborate a little bit? I`ve found after my S:'ew months of experience in the store that after Fi : 30 , business s~.acks off decidely and it really, as far as income is concerned, ~,t isn't war_th staying open after 8:30, but we rca?ain open until 10:00 p.m. strictly as a service. And a.t...from 9:00 on tlZere'a just a few stranglers that even bather to come into the store. $xZOSk'N : No further c~uest~.ons . MCLAUGIiLxN: Mx. IIickox, does youz~ store make a profit? Ii ICKOX : Yes . MCLAUGIILTN: T have no further ciuestians. r ~.,?e ~~ DQI3SGN: Thank you. BROS:N: Aix. IIowar.d G~~rdner, please take the staz~d. Pl.case state your fu].~, name. ' GA1~17Ir'~;R: Howard Francis Gardner, BRC}t~;N; Yaur_ address? GARllPtiL'R: Z ii_ve in Vail Intermountain. BROC~~N : Your occupa~.ion? G1}.RDZ~I;R: I~ am part o~-mer and. manager o~ the Gore [TaZ].cy Liquor Store. }3RQT~5"•N: ~ ~~v'her_e~ is that locates] in respect to the interuection of Gore Valley Drive and 13rxcige Stxeet? GA.R>]NER: Z~:'s Zacated...a-ff.'s apprc~ximately...a.t's a m~.a.e to ~. 1f 2 mikes west of Vail, ar west of the Vail inter- change in the Vail Das Schaile Shopping Plaza wh~.ch is bei:-L-er krsown as Safe~~ay Shopping Center. BPQU~~i : 3~oes that part of thr~ valley ha~T~ any designation by name? f GAR37N~R: Gore Malley.. ~ Il]~U1~~N: Ts it West Vaal? GARTaNLR: West Vail. BROs~N : Howard, in about the same fashion as Glzuck • did, describe the extent of your operations. GAS~DN)~R: Well, the Gore Valley Liquor Store occupa.es a space of 2,800 square feet, I,I50 square feet of which are . sales area, ?.00 square feet are walk--in area...it's a walk--an cooler.. .and 1.,x;50 saua.r_e feet axe storage area, 800 of which is . in the bascme:nt below the store, BZ201~~N : All right, and your hours of operation? G1~RDNER: j~e`re t~pen from 12:00 a.n~: until. 9:U0 p,m. B1ti0t~t~': All r~.ght, will. you comment on demand after 9:40? G1IRIJI~TER: Well, actually I could comment on the demand after. 8:00, Formally, the Vaal Das Schone Shoppi~ag Plaza hasn't reaJ_Iy gotten underway yet, but the main drawing card is t]ze Safeway Store which is located right ncxi: door. 'Whey ~. P~It3e ~~ • close at a:00 p.m, now and consequently businG:s mainly dies t~Ien; we do catch a few people that were in the store at 8:00, who got in ,the store by II o'clock and didn't get out until after 8:00. They`re all out by 9:00. There's practically no business by 9:00. T3R0?~N: Thank you. No further questions. NCLI~LIGIiLIN: T have no cuestions. _ DOaSDN: Thank you, sir. BROWN: Charles Crowleg, p~.ease take the stand. And state your name. CROt~ILBY: Charles Robert Cro;,r~.ey. BROWT~: And your address? CROI'~TL~:Y: 39~ ~3eaver Dam Road, Vail. BROY~dN : And your occupations? CROL~LEY: I'm general manager of A & D Enterprises which o~~~ns The Liguar Stare at Vail, and x owr2 the Lionshead Liquor Store. ~ ,- BR4P~N: Perhaps you'd bettor speak up a little,.~bi.t. E You are. manager of TI~Ie Liquor Store at Vail.? CROP,TLEY That's correct. BI:O4tN: All right, will you please describe the operata.dns ai: ThE La.quar Store at Vail; in about the same fashion as Cl7uck ~~Ii~.cox did? C}:2O~~tLEY : We maintain a seasonal fluctuation in hours . Right now, our hours are at their maximum: 9:30 to 3.1;00. Sn the past years t~re've operated from 9:00 to 11:00, but this year with. L-he cutback in, or the opening of the ].ii:t hours Iatez•, we ~e3.t kand of silly opening up a.n the dark, so we put our hours up to 9:30. In the off-season we'13. drop, this year we'll probably strop ~.t back less than we have because I have a full~timt~ stai'f this year, and ~~e're going to keep them working probably a i±ew mare hours. So, we probably could drop back to maybe 11:00 to 9:00 after the sea:an's over. Page ~G IIROtr?[~: And your inventory? CROA7L,EY: Well., right I1OW, of course it'S the end of the SGad50I1 and our invenf:ary at The Liquor Mora at VUiI, r would estimate, is between $60,000.00 and $70,Op0.00 right noc~r. BROS~rsi: And in terms of numbers of items? CRO~ti~S~EY : Well. over 1, 3 p p about 1, 350 or sometha.ng 3.ike that. It fluctuates of course, {Pause}. BROWN: hlr. Crow3_ey, first, how do you open tk~is thing? CROtVLEY: It`s self--exp3.anatory. BROS~~I~ ; {~,aughs} . My fault ~ . B~2Ot~~i~: ~ OK, ~'m caning to cover this document only very briefly because it speaks far itself. ~3ut T'd like you to tell the Board briefly, as briefly a~ possible, please, what you did to put togethor_ these figures? And what they represent a.n general. terns? . CR©WLEY; ~3asically, this represents price compari.- sons that we've extx'acted from the tap 1.0 or 20 brands of 3.973... the tap gin, the top blend, the top vodka, etc...a.nd we stuck in a f'ew wines we know are the tap sellers. 1n our experience in Vail they' ~•e the top sel3:ers. And we did a price cc~mparisor~ • of 17 stores in Vail. and a 3©-mile radius. MCT.,AUGIiLIN : Mr . Mayor , 1 don't know what Mr . Brown' s intention is in giving theses documents to the Board, but at this time I'm going to object to the Board having them until they are...until a foundation is laid far entry into evidence thxaugh bir. Crowley. {Inaudib3e due to both I3roE~rn and AScLaughlin talking at once) MCx,AUGFiLSN: It's been delivered and L dent think they shoii]_d be delivered out to the Board members until, that xu3.ing is made. DOT3SON: Do you have a rESponse to that? BrtOF4Pd: Yes, your honor, I have not offered the document into evidence yet. The foundation that`s bean soughs: I zm now bu.i.ldi.ncf. '.age ~7 :)OASON: We1.~., wi1.l you proceed a.s East as you can to answer the objection o£ Mr, McLaughlin? IIROWN: Yes, Z will. All right, then, this repre- sents price comparisons for so~:e half-ciox.en, dozen outlets in a 30 mile area. CROT~ILEY: That's right, 17 stores. BRpti~TN: All right now, does it show a comparison of prices in Vail. as compared to other communities? CP.O~dLEY: YES, it does 3_n the last sheet on the ra~ht, it shags a comparison of average prices an i3reckerridge, the Copper Mounta~.n--1 r~.sco--Dillon axea, the Leadvi.lle area, the Eagle area, and the Avon-~iinturn arEa, and also the Fail arEa. }3RO~;TN: And based upon this survey, are you able to reach a canclusa.on as to prices in Nail r.Glative to prices elsewhere? Yes or no, please? CRO«LEY: YES. IIROWN: I~Tow, what is your conclusion as to prices in 11'a.a.1. compared to prices. elsew'rlere as a .general. thing? CROL~LEY: Our prices are very ~tilell in lino with the surrounding communities. LRO~SiV: Can you paint aut particular examples to support youz statement? CROWLN~Y: Let's see, a quart SmirnoEf Vodka we average in Vail ~-t's$5.77, and it goes to a high of $6.G~ in the Cappex Mountain-Dillon-Frisco area, and we are the second lotirest T be~.xeve in that particular .one. A quart of J & B, in the Vaal area the average cost is $9.0~ which is the lowest of the s3.x areas. You get into wanes, I'm loo~~ing at hiateus Rose , l.inE 21., $3.16 is the prase in Vail which is the lotiaest of the six c~L. r G-' c"i. 5 . BROP~N: Now again, briefly, from the results of your survey as tabulated hare, have you been able to determine relative operating costs between Vaal and communities in the surroundi.r~g • azcas? CX:06~LEY; Yes, we have. I.7age ~8 IIRCt•TN: And, in general, what ~.s your GoncXusion? CP.O~^ILE'~': That our overhead in Vail, is cansid''erably Higher than...the figures are x'ight them , rent prices, uh... (inaudible) I3ROt'7N: IOW, as to operating hours a:hich are general-- ' ly obser'ved in ~:he business, have you made a tabulation of operating houz ~ as a. part oi` this survey? CRO[~7LL"Y: rn some cases,- our hours are longer. and in same cases they're s7~orter, but ~ waul.d say there awe, we arc . open more in Vail,, the Vail 1 iquor stares axe open more hours than the average store in the surrounding communities. BRO~rTN: A~.1 right, thank you very much. I pxopflse this docwneizt for admission into evidence as Protestant's Exhibit No. 3. MCLAUGIiL1N : ~ have nn ob j ectian . T withdrat^r my farmer objection. - DOT3SC'r~: - Doug, do you have any further questions?. MCLAUCIiLxN: Mr.. Cx'owley, does your ].iquor store, Tl~e L~.r~uor Store at VailTmake a profit? _ CR4L~I~I;Y : Pardon? MGS.,ALTGITL' IN : Does Thv L~:qu.or Stare at Vail mate a . profit? BROh'N: Objection to the question. CR06VL~Y : ~ YES , Sir , A~GLAUG~iLTN: Thank you, I have no further questions. DOB54N: Thank you, Charlie. BRO~~TN : Tcao more questions . MCLAUGI~LIN: ~ am going to object to Mr. Brown asking the witness any mare questions, S finished my cross--examination and simply asked him about profit. xf he intends to .ask him a c~ue5tion with regard to profit,-Y have no objection. Other-- wise, he' S Ou'E:.5idC'. the scope of my cross-examination. BROS^1f~ Mr. riayor, to the contrary, he caws allowed to cross--examine in respect to the particular document. I am not Yage 9 9 through with my eYaminatian. DOB50N: Do you have any objections? i•~CL11UGiiLIN: Mr. Mayor, x asked siir~ply one question. ~: asked him if he made a profit, nothing more. 5t41TII: T think that the direct examination has been concluded and that the utte:mpted re-direct was beyond the scope of the cross-~e~.a:n~.nata.on and should be exc~.uded. T think the manor has been adequate~.~r explored. DOR'OVAN: T'nt here to h-ear the appla.cants, not... (inauda_ble) . T3fi0ydN; dir. Aiayor, T'm being cut off, x ne~rer_ con- eluded my examination, T allowed Mr. i~~cLaughlin to do what is known as unit dire a particular exhibit, which means that he gets the right to cross-exaan~.nation in respect to a particular document to cahich he makes obaection. Z'hat does not conclude my er.~miixation as a matter of law. _ ,~ DOBSOId : k~roceed , Mr . Brown . Mr... (Fause) . MCLAUGHLTN: {I I3RpWN ; Mr_ . Crowley, ~: have placed before you a document, will you identify a.t, please? . CR0ti~1LFY: ~ Yes, ~.t's the April 1.974 issue of Calorada Business magaz~.ne. B~20WN: bid you make copies of a particular article? GROj~7LEY : Yes , T did . BROWN: And ar_e those the copies I just distributed to... the F3oard? CR0~~ILFY: That's Correct. i3ROWN: Tn one long, chosen sentence, what does this mu].ti~page document say? CROjt~x,EY: Tt shows that there's a definite doti~rnturn in the economic situation here in Vail. IIRO~•TN: Thank you, very much. No further questions on that document. Page 54 DOI3.>ON: Doug, do yau...did you get a chance to see the document, or do you want...(intcrzupted). . MCLF~UGIILTN: I have: no quest~.oris. Mr, rlayar, I have na objection anyt•ray or the other. DOBSQN: Do you have any .further comments. Stewart? BROtvN: Just a proposal. to admit that document into evidence for ~'xotestant` s Exhiba.t No. 4. DOIISOI~: 4Kr SO directed. BRO[~~N: ~~'iJ.l. you, ~6r. Crocal.cy, identify the document T have 3,ast handed you? CK0I~LLY: These are petitions that t•rere circulated by me personally under my supervision since last Thuxsday or rxiday, T guess. BRO1~~~:: And captaining how many signatures? GROF°.L3Y: Oh, T would say approximate,l.y 1.~0. ]3R0~•dN : Do you know how many bar . Hicko~' s petitions contained? CR4injLEY : Na . ~ j1' $R0~'~N: Al.l. rl.ght, t~rould you hand that to l+ir. Dano-- van, please? Air. NeLaughlin having had a chance ~a examine that... (a_nterrupted} . A1CLFsUGIi~.,TN : S have no objections . fiROT~~~N: T propose the~_r admission into evidence as Qrotestant's ~,xhibit No. 5. DU13~ON ~~7oul.d that be ~ or 5? ~3ROT~yN: Oh, T'm sorry, I'm ahead o~ myself, X proposed the magazine article as No. ~1, the petition is 5. All right:, now, Mr. Crowley, notr you`ve obviously done con-- sider_abla work both in teri;ls of price survey and in terms o~ resea.rGh on the economy. You have been in the liquor business... {interrupted} . rICLAUGIILTN : r~r. I+Iayor, T `m going to object to Mr . Brawn' s testifying £or Mr. Grotrley. DUI3SON: ~rcuse me. MC7_,11UGIIL7N: ~'m goa.ng i.o object to Mr. IIrown's testa.fy- ~.ng for. Mr. Crntaley. DOt3SON: Wi17, you replzra5e your_ statement, Mx'. T3xo~ti~az? i3ROYdt3 : Yea , Mr . Mayor . twit . Cxowiey , based upon the cua:vey oi: prices that have been admitted into evidence, based upon the economic report that has bean admitted into • EVidcI1C~C', based upon your nine years of experience in liquor txacles in Va~.~., which is iri the record, do you have an opinio:z as to V.hcther or not the neighborhood is presently being ade-~ quatc'~.y served by the existing retail liquor outlets? CRO~~'LEY: Yes, x do. ~~ I can elaborate a la.ttio? BRU4ti'N: Please do. CROT~LLY: Z'~n, of course T'xn in the liquor business and Z visit liquor stores an other areas c~,hen, any chance ~ get, when T travel Z do as much research as possib?e, and in the western slope area I ~ee1 that the liquor stores in Vail are far superior to any in the western slope including Aspen, Glenwood, and Grand Junction. And Z would, if the 'own Co~xzcil wou3.d ~.ikc to make a trip, go around and .they should make a trap and ga around and loo}: at stores and see how far superior we arc here in Vail. as far as selection, sa.zef ar~d every made of our service. BRQZ~]N : All sight, I~~r. Crowley, during your travels about the area, did you have an oppo~rtunity...,the caliber o~ the typical 604 square foot operation. CRUWLEY: Yes, I have. )3IiC~~N : Let' S hear about i t. MC~~1aUGFiLYN: Mr. I~~iayor, they have constaiz.tly a~.l.uded to the size o~ the proposed outlet, I'm going to object to any testimony with regard to s~.ze. Zt's tota3.ly irzelevant. DOBSON: Gene, do you have any comment on that? 5I+?~:TI3; I would agree with that, size is not the detnx'rnining factor here. D4BSON: Would you rephrase your line o~ questioning, please? }3t20P~]; Yes, Mr, Mayor. I3ow, tdr. Crowley, You have heard the evidence with respect to the proposed outlet? Wage 52 cROwL~Y: Yes, x am. bRQ~sN; You've heard the out],et is. to be 5G4 squax'e feet. • MCLAUGHLTN: ~ Objection, your honor. Objection, Mr. Aiayor, he`s asking the same, a form of the same question, he's re~erriny to size and it's~irreJ.evant. ' 1'3ROwN: x withdraw the question. You have heard the proposed method of operation, have you not? CROWLEX: Yes, I have. BROj~;N: You've heard of the proposod hours of operation, have you not? CROLdLEY : Yes , x have . BIZOC~TN : You know of the location o£ the operation, do you not? CROt~LEY : Yes , ~ do . $ROWN: Do you have an opinion? I ask you whether or not the operation as proposed is feas~.ble? MCLAUGIiLTN: Objection, your honor, he`s ca3.ling fors mere, mere speculation on the part of Mr. Crowley, and it`s totally out of order. . SMITH; X agree with that. T think that c,=h ether or not it would be a successful economic venture is not a determining factor on the issue of whether the reasonable needs of the neighborhood can be sata.sfied by the apply.cant`s px~aposed business. ' BRO~~1: T would ask the DSayor if the neighborhood needs a cesspool for a sewer line or a one--man gypney -for a bus, and if the needs of the neighborhood are not deter=mined in respect to~the cal~.ber and quality of the facility they are ~.icensed approve, they are authorized to l~.cense? DODSON: Y sorta lost you after the cesspool., Stc:waxt. X thank in the strict sense of the law, we are here I'aga S3 to dec~.de wl~.cthc~r the needs of tt~e neighborhood axe to be, c~*hethor_ i~hera is a need o~ f:ho nezghbarhood. r th~.nk in the spirit of getting out a~ here before morning, we understand what ~~our paint is and, if you can, we can go to the next question. BROWV : Very we1.l , i~ir . Mayor . ~ have no further questions. b3CI..'~UG~~r.,1:N: T. have no questi.an5. DDIISD?~I: Goad. DK. Any more then, either ©~ yau? S2dZ'I'fi: ,:~ would lake ta'ask just ono more question here. What is the basic thrust of tha..s econamac argu:~r:ent, is i1: essent~,aJ.ly thzt because the prices charged by existing outlets is allegedly low in comparison with other aut~.ets in the ne~.ghborhood, and that the outlook economically f'or the entire neiyhborhaod is considered to be gloomy., that this is a sign that no further competition is warranted? D4NOVA1~ : Wait a Second, before he anszrers it, hoer do you object to lzim and has line of questioning, then turn around and a ~k him a goes ta.on an it . ,, ShST'1'fZ.; Teat's not a.mproper . ~~ ' r DONOV~.N: I thank it doesn't seem right to me. Sf you w.i.l.], not lot him bring out the facts that he's trying to prove, then you turn him around and ask him what... srixTZ~: ~ HG did bring out Certain facts, certain of these things tYere a.ntroduced i.n ovidc~nce, John. ~h'e were just trying to, he was trying to basE~ those last questions on a part~.cu].ar si~e~of. business and whether ar_ not this business was ga~.ng to be economically successful. That, those are probably improper, but what is a.n evidence i.s genexally the information that :~ j~zst based my question on. DOh'QVI~I~ : OK . DDnSDN: Stewart, do you have more questions? BRUWN: No further. ..questions, no further witnesac's. Page 5~ DONOVIIN question. He has a question. Gene stir. has a SMITH: ~ wondered what the basic thrust of your economic argwt~ent is? BROttifi: The point was raised by .the applicant. 52~lZTIi: The point was raised by the applicant? ~Rat~N: Xeah, he raised tho paint by- contending that competition s~~ould bring increased prices,...that an additional outlet, ~'m sorry, nat increased prices, t'~at an additional outlet would resu~.t iix what he called better prices, SMxTIi : 1 see . OS; . M~NGEF: John, l've gat one thing for bath of them. STETNDEIZG: Chuck, do you know of anybody that's done a study on the quantity of liquor that is not purchased in the Gore VaZ~.ey, but which is consumed here other than restaurants and if~ so, why? ~ think this has a bearing on the Tov~n' s at~- tituclC and hoer much sales tax we... (intezrupted) . it CROWI'~EY: T am pe.rsonal~.y acquaa.nted with the manage of Applejack Liquor in Denver. Applejack Liquor is probal~~.y, ~.t'S lcinda touch and go between which is larger, Harry Hoffman or Applejack L~.quor. They do anywhere (rain 1.0 to 12 million dox:~ars a year, they work on a one per cent net. Now this fella, App~.ejaclc Liquor is off I-7Q off' an exit ramp very easi~.y - accessible to the entire city of Denver. And T myself have counted in that parking lot on a Saturday morning in ski season 2?. kausses sitting there, empty, and all those people are in that store. Now, where they're going, go~_ng to Vail, or Aspen, I mean, they're doing it for price, they can offer the prices 'cause they're working on a one per cent net. ~f we worked on a one per cent ne-~ sae' d be out .of business . We wouldn't be here. ~ - DOBSON: Any other questions from the Council? D'III~GFR: l've just got one qu~sta.on for the record. For Mr. Drown and far Mr. t~~cLaugh~.in. I have Applicant's Exla.i.bit`~A through E, ser3.es of_ petitions for the applicants; ~acJe 55 that is a7.~. you have, is that correct? 2~iCLAUGIIL:CN : Yes . MTNGI;I7: Aszd Tir. nrawz~, ~ have Protestants' Dxha.bits ~. through 5; is that correct? }3RO~~dN M~NGI"R: DOBSON: w~.tne5ses? BROS~N Xes. Thank you. Stewart,you say you do not have az7y further Na further ~caitnesses, Mr. Mayor: I do have a short statement ~ must make. DO}3SON: Accord:iz~g to my sheet Z wi~.1 ii;rst ask the • A,nplieant if he would lake to make any closing ar summara.zing statement. ' biGLAtIGIiLZN: Yes. Mr. Mayer, T would li}:e to make a closing statement, i~ l might. May 1 proceed?...rir. Mayor, may ~ proceed? DOLSOI~T: Please do. ;' MCLAUGHL:[N: Thank you. Mr. Mayor, I would l~.ke to,,~ r begin my closing argument by referring to something that one af_ my witnesses, Mr. Ed. Colt, of Colorado Springs, said i,~hen he {:estif.ied. He said in his opinion because these stares were closed after 1].:00, the'iatest one, he fe~.t that they were taking the cream off the top and leaving the rest. M>:. iiickax then testified after ~~.0:00 it is only a service. After ~.D:00 it is only a service. ~'d ~.ike you gentlemen to think about that for a minute. That is exactly my point. That's exactly what x`m getting at. These liquor stores are eat providing the ser- vice that the people of the Town of Vail, and the visitors are ez~tit].ed to. 7.'hey are taking the profits, they both, both Mr. Hickax and Mr. Crowley admitted that their stores-are making a profit, And yet, they are eat staying open as late as they can as a small example, just to provide a service to the people of the Town of Vail.. Naw, gentlemen, it is my burden to prove number one, what the neighborhood is, that has been Pt1ge a 6 stipulated to be the Gore Valley both by me and hir. Brown and a.s not a matter of argument at this time. l.must then prove the needs of that neighborhood and I must prove the desires of that . neighborhood. To do that ~ have presented to you a number of petitions. Sn an e.~fort to make these petitions more belaev-- able than they have normally been in the past, and T freely admit Mr. Donovants normal objection to petitions presented before this board, they are samewh.at ridiculous a.n that they are circulated in lift lines or left on counters in stares anci things of this natuxe. Gentlemen, I took tame and trouble to go around and compile a list of registered voters. I have i 67 of them. I consider that to be a significaz~t amount of pEOp1e on that particular petition. Now, gent~.enien, in proving the needs of the neighborhood we are ?°eferring to the entire neighborhood. On the one hand, Mr. Brown admits that the enta.re neighborhood is the Gore Valley. Then, on the other hand, he presents to the board a map of the Town of Vaal showing my proximity to this liquor store, my proximity to that ~.iquor store, and so on. Gentleznon, if the enta.re area to be served is the Gore Val~.ey, I submit that my proximity to any other location is totally irrelevant as far as that other location is.withan the Gore Valley. They are all an the same neighbor- hood. how, 1~1r. Brown has suggested that the size of rtzy opera- tion may not make it economically feasible. ~ have testified that Z can grow into addataoz~al space of necessary. But. gentlemEn, the size of my operation is totally irrelevant far your deca.sion tonight, and I, there is a case on this in the Colorado State Supreme Court, and I intend to submit that case to you and to Mr. Brown following this hearing. Nora, in proving the needs of the nea.ghborhoad as I saa.d S presented petitions; I've shown the fact that there are in effect practically speaking only two licenses; T~ve shoran that the services are not there; by Mr, ~iic}:ax's own admasaion to stay open after 10:00 a.t was only a sexv.ice. And, the mast important thing that T thinl; ~.~age 57 has been shot+~n here tonight, the three people in opposition are. all other liquor store owners. They are all with selfish motives for being here tonight. T have presented myself, X obviously have a selfish motive, as does lair. Peterson, as does Nir. Staufer. However, the other people that T presented tonight have absolutely no connection with the present applica- tion and have no selfzsh motive whatsoever. Gentlemen, x think that S have clear~.y shown that the needs of the neighborhood justify a new license, and 1 would therefore respectfully ask this board to grant this application. Thank you. . D4BSON: Thank you, Doug. Stewart? BROT~fiI: if you don't mind my sitting, T think it's More convenient for bath of us. For a~.l of us. The requiremen t of the law is that an app~.icant for a liquor license prove by evidence of record that the existing outlets are not ade-- quately serving the community. The decision o~ the State in the Last prev~.ous hear~.ng reversing the decision of the 33oard was that there had been no evi.dence...(anterrupted). A'iCLAUGHLIN: Your honor, Nar. Mayor, I'm gonna object to any argument with regard to the preva.ous decision to the pre- vious liquor license. Tt has nothing to do ~rii:h the present • 3.icensc. BFtO~~TN: Arguments (inaudi.b~.e) the universe, your Honor. You can take anything... (interrupted). MCLTLUGF~T,1N: Tt is beyond the scope of fair argument, it was objected to and sustained at the, in the hearing, and I see no reason why her. Brown should be entitled to argue,..(in- t~:rrupted) . BA4ZtiTN: ?' `Z1. withdraw the statement, your ~ronar, let's get on ~•rith this. The law of Colorado requires that the inadequacy of existing outlets be shown to entitle the apgli~- . cant to a license. Numerous decisions of the State Director of Internal Revenue have been to the effect that particular applicants in many particular hearings, some of which have occurred izi this very town, fail to show that the existing Outlets were inadequate in serving the neighborhood. .'his is • such a clear and definite requirement that one recent decision, which has been published and is known to Some, and understood by many, was to th~.s very effect and this anJ.y, that the appli-- cant had failed to show that the existing outlets were nat adequately meeting the requirements of the neighborhood. 1 submit that there is not a shred of evidence in this hearing to prove inadequac?~~ of any degree, sort, typo, or quality whatso- ever an the existing outlets. Ta the contrary, that as•they have far so many years, the particular Protestants in this case have come an for the showing of exceptiana~_ly supera.or operations, serving the community a.n an exceptionally superaar manner. Thex•e is no evidence to the contrary in the hearing. Nona whatso- ever. As a sample i~;perative of administrative law vrithaut the evidence to Support the decision, the decision wou~.d be reversed by the supexaor authority. Your duty as a board is eat to see either app~.icant in any persona], business, social., or economic, or any other light based an the evidence in this case but to see him as having failed to paint the finger at tl~e existing outlets and show whether they have: failed to meet community requirements. They have not. Thanl. you very much, A013SOI~: OK, are there any further questions? MC7~AUGHLIN: Mr. Mayor, Z would like to reply to the law as. stated by P'!r. Bro~~n. He stated that S had the burden of showing beyond any question that r had the burden of showa.ng that the existing outlets were not serving the needs of the neaghborhaad. X challenge that, youx•~Ionar, as existing law. The way 1 read the l,aw of the State of Colorado, ~ have the burden of showing that the needs of the neighborhood, i have the burden of shot•ring a prima facie that the desires and the reasonable requixements of the neighborhood dictate the issuance of a license. Once X have made L-liat prima facie case, your ~l.onor, the burden shifts to the people opposing the license and they tl~en have the burden of showa.ng that the ex~_sting outlets are a.ndeed adequately serving the neighborhood. T think. that Page 59 i Mx. }3rowra has ixi~~~roperl.y stated the law and ~, ~ da not fceX they have shoran that they have been adequately serving the neighk~orizc~od . Than3~ you, your ~~ onoz . DOBSQN: Sale' 11 take note of that. St ewaxt, before you leave, xn the event there are any questions £ram Council or the Town Attarncy. 5NITH: ~ have no further questions, DC}~350N: Gentleman, Kathy? xf nat, then, x am required to state that the public hearing a.s c~.osed and further state that the decision of the ~.ocal liquor licensing authority appro~ri.ng or denying the application shah. be in writing stating the reasons therefor within ~0 days after the day of this public hearing, that a copy of such deci.szon sham. be sent by certified mail to the applicants at the addresses shown in the application. Thank you, gentlemen, and 1'll declare the public hearing closed. ~7ould you please stand adjourned. (END) . CER~'SF~CA'1'ZON OF ORXGTNAL TRANSCRIPT This is a ta;ue copy of the tape-~ _ recorded transcript which is in my custody i,n the records of the Town of Vail, Colorado. ~.~ ~ ~.~ ~ ~ r Town ClerJ~ ~~ V Town of Vai , Color~do 1~ f I ~` MTNUTEa REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL 4 JUNE 1974 The regular meeting of the Town Council fpr the Tawn of Vail, Colorado, was convened at 7x40 P.M.,, June 4, 1974, in the Council Room of the Vail Municipal Building. Mayor Jahn Dobson and the Following councilmembers were present: JoseF Staufer John Donovan Kathy Klug Gerry White Councilmen Steinberg and La:ngmaid were absent. Also present were: Terrell J. Minger, Toran Manager Gene A. Smith, Town. Attorney Mayor John Dobson called the meeting to order and requested a-.motion for the appioval of Council minutes From December l8, 1973 and January 8 and 15, 1.974. Gouricilman Dono~ran moved to approve the minutes; Councilman StauFer seconded the motion; all members voted in favor; and the motion carried to adopt .these minutes into tYie record. Mayor Dobson-then commented on the Council`s tour of summer.. pxojects under construction, and that schedules are being met by construction crews. Ordinance No. 6, Series of 1.974, AN :ORDINANCE ESTABLISHING .~ SPECIAL DEVELOPMENT DISTRICT 2 AND AMENDING THE ZONING OR- DINANCE OF THE TOWN, THE OFFICIAL ZONING MAP, AND-THE BOUNDARIES OF THE ZONING DISTRICTS PERTAINING TO THE AREA OF THE SPECIAL DEVELOPMENT, was introduced on second reading by the tawn attorney who noted that certain changes had been made since. first reading. He affirmed that 7,643. acres is the exact land size: Counci,l.man-White .seated that he would want Section 1Q to read either SFR or R, and that he would prefer SFR. The distinction should be made in this ordinance in his opinion. Mr. Minger commented that Ord.n.ance No`: 6 is a safe document. for the 'own bf Vail and its citizens-. Vail Associates has agreed_to discuss the matter with the. Town before putting the land on the market. Nir,.Jeri~Wrg~.t remarked that the Town has the controls in their hands so that it could not really be a.probiem. Councilman White . moved to replace the words "shall be" with "is hereby"...and . to delete the words "or residential....." and approve the, ordinance on second reading as amended., Councilman Donovan seconded the motion. Mr. Wright stated that if these changes are made he will be uncomfortable with the ordinance: Councilman Donovan then suggested that the passage of this ordinance be tabled until 'further discussion with Vail Associates. Councilman White stated-that Dick Peterson had agreed at a previous meeting to do the downzoning. y - June 4, 197 Page 2 ,~ zoned SFR .brat Councilman-Dobson agreed that zt should be did not see any danger in passing the ordinance as is-and discussing the matter further.. Cauncil,inan,Donovan withdrew his second to the motion of Councilman, White. The>:motion failed due to the lack o.f a second. Mr. Wright then re= stated the good. faith of VA and that he would like to have the ordinance approved at this meeta:ng. Councilman, Donovan then moved to adopt .Ordinance No ... 6. as it naw reads; Counci~,woman Klug seconded the motion; Cour~ciliinembers Donovan, Klugr Staufer voted in-favor; Councilman White voted against; the motion .carried to approve Ordinance No: 6 •as written on.second reading. Ordinance No. 7, Series of 1.974., AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION FROM THE GENERAL FUND OF THE 1974 BUDGET AND FINANCIAL, PLAN FOR THE MOWN OF VAIL, . COLORADO, was introduced by.the town attorney. He explained that the ordinance provides up to~a $15,OUO.QO donation' from the General Fund of the Town 'of Vail to the Vail, Resort. Association, and $5,400.00 to the Colorado Rivers Couneil. Mr. Smith also presented a Letter of certification from the town manager a5 proof o~ tkie existence of the. funds.. Councilman White-moved tq approve ordinance No. 7 on first reading; Councilman Donovan~second.ed the motion; all cauncilmembers voted in favor .and the motion carried,, Resolution No. 14, Series o~~19.7.4, a second resolution regarding the proposed•anne~aton.of,.a.portion of the Bighorn area to the Town through an ,annexation-election.,;: was brought before the ',Council.. The:town attoxney gave a resume of the proceedings to annex bighorn and explained that the purpose of this. public'hearing is to determine. whether the Town Council should call. an election.. Three commissioners would then be appointed by.the:District.Court of Eagle County to ca11 the election. Councilmen Staufer and Donovan voiced their approv'al'. off. an• annexation election; Councilwoman Klug c~.~u«ented `.on the• expense, of'an election, and Councilman White hacl no c~=~LL«ent. The Mayor asked f or comments from the audience. Ms.~Erika McCall commented iri favor of annexation. The town attorney then outlined the details. of the 'evidence' required to•call an annexation . election. The.com~inunity a.f interest requi:r.ement is satisfied by means of the common .ski~.area and city ,. with facilities that benefit all the people.of,,tlie valley. Ms. McCaIY remarked that she would like to be°.able to use the town's facilities and .agrees that. the~'e is a c...~u«unity of interest. : Mr. Bob Ruder, representing the East Vail: Property Owners' Association an organization of'approxi.mate,ly 180-.members, stated that 55 `- 60$ of the .property owners are in favor of annexation. He urged that annexation be underway immediately. As a result of annexation, there. would be an 'integration' : of community services, such as water and sewer•and fire, under special districts. -'The town attorney stated that within a. reasonable time period it would be feasible to determine whether all the special=districts,~should be:.conso~idated or brought under the authority of the`.Town.~ Mr. Blair Ammons asked whether the Town o.f Vail has monies a1.located for snow plowing and related services:iri.Bigho~n? Nix ~i;ng.er replied that the Town does have such monies all:~ocated to. Bighorn. road main-~ tenance, operators and equipment, and.-for police officer and a vehicle. Mr. Minger noted that ..the Tawn xs willing. and able to provide the services that. every other resident of the • Town of Vail receives. June ~, 1974 Page 3 die noted that the whole planning and thin3cing of the Tawn has been geared to the service of the entire Gore Valley. Wzth regard to fire protection services, Mr. Minger commented that this is another issue and another vote, to be handled at a later date. The town .attorney then recommended passage of Resolution No. l9: and asked far. a motion to incorporate all maps and ,proceedings of past meetings regarding the Bighorn.arinexation. Councilman Donovan moved to incorporate said. data; Councilman Staufer seconded the motion; all counclmembers voted in favox and the motion carried. The attorney then asked fox a motion to accept the conclusions of.Section 3 of the Colorado Revised Statutes with regard to the annexation election. Councilwoman Klug moved to accept said conc].usa.ons; Councilman Donavan seconded the motion; all councilmembers voted in favor; and the motion carried. Councilman ~taufer then-moved to approve Resolution No. 14; Councilman Donovan seconded the motion; _ Councilmembers Staufer, Donovan., Klug, White and Mayor Dobson voted in favor;. and the motion carried. Mr. Smith then stated that he would file the petition for an annexation election within the fallowing. two-week period. -Mr. Minger then commented that as Manager and Secretary of :the~Vail Fire Protection District, the Board has the' iriterrtari of incorporating the .dis- stricts upon annexation to the Town, of, Vai.l., In fact, 1.5~ of ` the Bighorn residents canep:et.~ti:on:the Vail FirerProtection District to be iriclud.ed in tYie `district. With regard to the Hilton, :Inn sign. appea.l,- Jay K,: ,~?.eterson, attorney for the Hilton, presented the' following data on their behalf: {1) A 78 square foot sign was disapproved by the Design Review Board; (2) On April 4, 1974, 'a letter from-the town council stated that a 40 square foot sign was ~. recommended; {3) Subsequently, a 37 square foot sign was. disapproved by the Design Review Board; (4) On April 29, 1974, an appeal was made to .the-Town Council; (5) the Council: neither called a hearing nor made a decision w~.thin the allotted time period. Mr. Bi~.l Ruoff, Chairman of the Design Review .. Board, stated that it is the charge of that board to consider .zoning requirements and sign applications. Discussion followed with regard to the size and aesthetic requirements..a~ the Sign Ordinance. The major complaint, according to Mr. Peterson, was,that the Council. had, not acted. within the desi,griated time period for appeals. The town attorney recommended) a,continuance of the hearing so that he can brief the Cauncil~and work toward,. an administrative remedy. Councilman White .moved that the matter be taken under .advisement and considered. with al.].. clue haste; Councilman Donovan seconded ,the motion; 'the vote was unanimous in favor; and the motion carried. Mr. Smith then stated that he would schedule the next hearing andinforni all parties. Councilman Donovan then commented that the Sign Administrator should be instructed to.remave illegal.sa.gns from the Hilton building. Ms. Monaco, Sign Administrator, noted. that she felt it would be a harassment to send a violation notice while there is an appeal before the Council... Counci].mari Donovan then rewphrased his initial statement, subst~.tuting the word "notified". Mr. Keith Caroselli, owner of the Vail Factory, commented that the Town of Vail is in viblation.of its own ordinance with the erection Qf the information sign.at the entrance to the town. Mr. Minger-Hated that the sign should either be removed ar go before the Design Review Board for approves]. . June 4, 1974 Page 4 Re ardin a re uest by Merv. Lapin for a time extension g g q for a variance previously granted to Crossroads East, it was explained that the variance was initiated at the Town's request. Councilman Staufer stated that if this time ex- tension is granted, the zoning ordinance should be amended. He recommended that instead Mr. Lapin should re-apply for the variance after its expirat_ionr and if there is no significant change in the Master Flan at that time, the variance would again be granted. Mr. Minger instructed his staff to send such a letter to Merv Lapin.. Councilman Donovan moved that tie matter be handled in accordance with Mr. Minger's in- structions. Mayor Dobson stated that the variance request will be approved at a later date if there is no significant change which would affect the public good. With regard to a request by Lou Parker for a Conditional Use Permit to allow the Sandstone Staff House to be used as ,offices for The Printery, the .zoning administrator stated that there were no objections by the surrounding neighbors. Councilman. Donovan moved to grant the Conditional. Use Permit; Councilman White seconded the motion; the vote was unanimous in favor; and the motion carried. With regard to a request for a parking exemption to-allow expansion of the Covered Bridge Store, Mayor Dobson stepped down and Mayor Pro Tem White presided over this portion of the meeting, Mr. Dobson requested an exemption of three spaces for enlargement of the building to be used as office, storage and retail space. The Covered. Bridge Store is presently a non-conforming building with regard to parking. .According to Mayor Pro Tem White, the .precedent has been set with variances granted to the Red Lion, Slifer and Company, and Manfred Schober. Councilman Donovan moved to .grant the exemption; Councilman White seconded the motion; the vote was unanimous in favor and the exemption was granted. Mr. Minger stated the administration policy that all signs which are not official regulatory signs shall in future be submitted to the Design Review Board, for their approval. A member of the audience, Mr. Robert Buterbaugh, asked that • there be an ordinance restricting cigarette smoking at Town Council meetings. Since there was na further business, the meeting was adjourned at 10:40 P.M. .: . The Local. Liquor Licensing Authority-was then convened at 10x45 P.M. With regard to a request far a Beer, Wine and Liquo:r,License from Lothar and Lieselotte Klaschik for the Hansel and Gretel Restaurant to be located in the.Sunbird Lodge at Lionshead, the Mayor asked if the application were in order. The Town Clerk and Chief of Police reported that requirements. had been fulfilled. Stewart Brown, representing tho Klaschks, submitted petitions of approximately 115 names as BxYiibt A to indicate the needs of the neighborhood. Mr..and Mrs. Klaschik were then sworn in by the town manager; .they proceeded to give the details of the operation. There was no opposition' ~'une 4 , 19 7 4 ~ . Page 5 .. . • • • to the granting of the license. Mr. White moved to approve the application; Ms. Klug seconded the motion; the vote. was unanimous in favor of granting the license; and the. motion carried. With regard to a request for a Beer, Wine and Liquor license from F. Gaynor Miller for the Vai3: Mining-anal Restaurant Company to be located in Unit ~. of the~Mountain Haus Condominium,. Mr. Dobson asked if the application were in order. .The Town Clerk and Chief of Police reported that the requirements ,had been met. Mr. Miller and four witnesses were sworn in to testify in favor of the application. Mr. S. Douglas McLaughlin, representing Mr. Miller, submitted three petitions in favor of the application and asked that the authority draw its attention to the growth statistics of the Town of Vail. Mr. Miller then testified and gave details of the operation he proposes. Mr.. McLaughlin called three witnesses to testify in favor of the application; no one opposed the granting of this license. Mr. Dobson asked for a vote on the application. Both Mr. Staufer and Mr. Donovan requested that there be no vote for tY~,e License at the hearing but that the authority take the time allowance in order to make their decision within 30..days~ With regard to the renewal of the 3.2~ Beer license for The Deli, the Chief of Police reported that there had been no infractions of the law with respect to that License. ~Nlr.. White moved to approve the renewal request; Ms. KZug seconded-the, motion; the vote of the Board was unanimous~in favor; and the renewal . request was granted. With regard to a request by The Bridgewater Tnn, Tric., to expand the premises far serving Beer, Wine and Liquor, Mr. Warren Klug explained the detaJ.s of the request. Ms. K1ug abstained from the voting. Mr. Donavan moved to approve the request; Mr. Staufer seconded the motion;. all members of the Board voted in favor and the request was granted. With regard to the consideration of a change of ownership from Daniel E. O'Brien to Eve L. El~.as, forthe.Dairy bepot, located in the Vail Village Tnn, ,lay, K. Peterson, attorney for the applicant, explained the details of the change. Character reference requirements have been satisfied. Mr. White moved to approve the change of ownership, Ms. Klug seconded the motion; Mr. Staufer; owner of .the Vail Village Tnn, abstained from the voting; all other members of the Board voted in favor of approving the .application; and the motion carried. As there was no further business,.the liquor licensing authority ad~j.o~rned at 1.1:30 P.M. `'~ ':.1 ~(~'l ~~ ~~~~i~~~® ~~ i- ~~ ~~~~~~ P. Q. BOX 1815 A5PEN, COLOFtAQO 81611 3031325-3D55 April 26, 1974 The Honorable John Dobson, Mayor The Board of Trustees The Town of Vail Vail., Colorado 81657 Gentlemen: Two recent items may be of interest regarding the activities of Colorado Rivers Council.. We have dec9.ded to pay Tam a reduced salary f~SQ~•/month) for a reduced time commitment (one-third of his time} . We thank s.t is i.mpartant that Tam be retained on a professional and monetary basis rather than simply letting the Directors work sporadically on the pxob7.ems (~ personally think this is an absolute necessity). However, we think, and Tam agrees, that we can still work very effectively with him on a part--time basis. This arrangement, of course, eases our financial burden., Tt is now quite clear, and even admitted, that the delay in the passage of the three Colorado Wilderness Areas is being caused completely by the Denver Water Board's opposition to parts of the Eagle*s Nest bi~.l. Because of the strong public support for the Eagle's Nest Area, however, the water Board has unofficially proposed a compromise. While the compromise .is not complete, the main feature is that in return for some concessions on the. East Gore Canal. side, the Water Board would agree to support the inclusion of Piney Lake in the Wilderness, thereby eliminating the proposed Piney Reservo~.r. This does not necessarily mean that they would stay cut of the Piney drainage altogether; a smaller non-•resarvoir-type diversion on the Piney may still be included in the project. In any case, the Water Board's willingness to discuss the situation is at least hopeful. Sincerely, ~~ Robert E. Garton, Jr. REG/sw VA1L OFF€GE; DENVER OFFICE: P. O. 80X 129 4286 E. EVA€JS AVE., VA1L. COLO, $1657 DENVER. COLO. 80222 303/476-5940 303/758.2266 .~ ~/~~~~ FFIC~FITZHlJGH SCOTT-ARCHITECTS/PLANNERS, INC. VAIL, COLOAAOO 81fi57 303/47fi-3038 April 29, 1974 Mr. Tercel Minger Town Manager Town of Vail Vail, Colorado 81657 Dear Mr. Minger: On March 19, 1974 the Town of Vail Trustees approved the zoning variances for the proposed new Crossroads of Vail~East building. Since then we have been meeting with the owner and contractor to establish a construction schedule. Due to the time required for various agency's approval of plans and the lead time required for ordering building materials it would be impossible for construction to begin before mid_September 1974. The contractor feels that beginning construction that late in the season is not economa.cal or desirable. We further feel it would not be in the best interest of our client or the Town to begin then because of the loss of about ~0 parking places during the upcoming winter season. We da feel it would be best for all concerned to wait until the following spring to began. construction. And there in lies the rub. As T understand it, we have one year to exercise our zoning variances a~'ter approval by the Town Council. And as construction cannot begin before about mid April at the earliest, our variances would have expired. So considering the above, we are hereby requesting a 90 day extension to the zoning variances granted by the Town Council in March. We would appreciate your prompt action regarding same. Tf you have any questions please call. me at the Office of Fitzhugh Scott, Thank you very much. Until T here from you, T remain, t my a s, ~. Robert J. Hunt, Arc itect RJH:cb GC: Mayor Dobson M. Lapin J. Lamont r ~. ~ Y a i n MINUTES SPECIAL MEETSNG TOWN COUNCIL OF l1 JUNE 1974 THE TOWN OF VAIL A special meeting of the Town Council for the Town of Vail was convened at 1:0.0 P.M., June 11, 1974, in the Council Room of the ,Vail Municipal Building. Mayor John Dobson and the following councilmembers were present: John F. Donovan Josef Staufer Kathy Klug Tom Steinberg Garry White Also present were: Stan Bernstein, Assistant Town Manager _ Gene Smith, Town Attorney Mr. Craig A. Holzfaster, owner, Vailglo Lodge Mr. Hugh R. Warder, attorney Ms. Nadine Monaco, Sign Administrator. HILTON SIGN APPEAL After some discussion, .the .Council and the attorney for Hilton Inn; Jay K, ~•Peters'on,. -ruched a compromise proposal for the Hilton sign. Councilman Steinberg moved to approve, up to a 30 square faot sign to be placed bn ane face o~ the building-, which would be the anly sign allowed on that face. Stipul~atioxis of the approval would include: that the building is already overbuilt for the present allowance under the regulations of the Building Cade; that,. the setback from the street and the legal implications, have bearing an the decisioin. Councilman White seconded the motion; Cauncilmembers Staufer, Klug, Steinberg, White and Dobson voted in favor; Councilman Donovan voted against because the Hilton did nat attempt. to try ,and work within the framework of the ordinances the motion carried. The town .attorney was then instructed to draft a variance approval letter. VAILGLO SIGN The Mayor stated that the Council has not been involved in the matter and that it is the consensus.of the members that a reasonable solution be. reached within the.~rame- work of the ordinance. He c~.~u«ented that. the issue is to determine what kind of-sign would-be adequate for the lodge`s use. Mr. Warder, attarney for Vailglo, stated that in June 1973 Vailglo had submitted an application for a 22 square foot Best Western sign. He noted that this sign is within the spirit of the new ordinance and within the law of the ald one. Mr. Holzfaster stated, that the sign would be internally lighted with a trans-~ lucent shield, the present free--standing 48 square-foot sign remaining in its present location. Councilman ~++Thte commented that the sign leased from Best Western is not in keeping with the goals of our .sign ordinance. ..., - . • r1 Mr. Holzfaster said that the sign-could be 20 square feet but would have to resemble the crown emblem and.. have the blue and yellow coloring. I]iscuss~.on followed with regard to details of an acceptably sign to both parties. The town attorney requested that Mr. Warder prepare a stipulation that would dismiss the suit in the event the problem is solved administratively, Mr - Warder replied that he would not release the .court ' date until the matter is resolved.. After further discussion, it was decided that a meeting would be held on Tuesday, June 18, prior to the regular Council meeting of that date to finalize conditions regarding the approval o~ an acceptable sign. As there was no fux'ther business, the meeting was adjourned at ~. ATTEST: -~C,{~2. Town Clerk A • . ~• • MINUTES REGULAR MEETING TOWN COUNCIL GF 18 JUNE 197 THE TOWN OF VATL The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:3E~ P.M., .Tune 18, 19'74, in the Council Raom of the Vail Municipal Building. Mayor John Dobson and the following councilmembers were present: Kathy Klug Tom Steinberg ,john Donovan Gerry White Absent were: Councilmen Langmaid and Staufer. Also present were: Stan Bernstein, Assistant Town Manager Gene A. Smith, Town Attorney Ordinance No. 7, Series of 197:4, AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION FROM THE GENERAL FUND OF THE.. 197 BUDGET AND FINANCSAL PLAN FOR THE TOWN OF VATL, COLORADO, was .introduced on second reading. Dale McCall of the Vail Resort Association was present to report on expenses of summer advertising to date. Councilman Donovan moved to approve the ordinance; Councilman Steinberg seconded. the motion; the vote was. unanimous in favor; and the motion carried. Ordinance No. 8, Series of 1974, AN EMERGENCY ORDINANCE CONCERNING THE RATE SCHEDULE-.FOR SALES TAX SM~'OSED BY ORDINANCE N0. 11., SERIES OF 1,973r OF ;THE 'T!OWN.OF VATL, COLORADO, was introduced and explained by the town attorney. This ordinance would supplement Ordinance. No. 11 rather than amend it. Councilman.Ste~nbe,rg moved to approve the ordinance; Councilwoman Klug seconded. the motion; the vote. was unanimous in favor..; and the motion carried. The Town Clerk was then instructed to publish the ordinance as approved. With regard to the Vailglo Lodge sign matter, the Mayor explained that the principals of Vailglo and their attorney met with the Town Council. in work session that afternoon and came to an agreement with regard to the granting of a variance to allow their sign as submitted under the old sign ordinance. A letter with the conditions of .the variance is to be sent to Craig A. Holzfaster. Council- woman Klug moved to approve the variance; Councilman Steinberg seconded the motion; the vote was unanimous in favor; and the motion carried. The town attorney noted for the record that Mr. Holzfaster has agreed to dismiss the case against the Town of Vail regarding the sign. With regard to a request from Robert Fritch fqr a GRFA variance for the Sitzmark Lodge to have a greenhouse, Mr. Fritch commented that he'is willing to sigma document` stating that he will not use it for any other purppse and would, at the Council's regtzest, record the document. with the County. Councilman Dono~cran moved to approve the variance request; Councilwoman Klug seconded the motion; the vote was unanimous in favor; and the motion carried. With regard to the recreation fee billing of the first phase of the Sunburst project, it was decided that the matter be tabled until Mr. Clancy is able to attend the meeting. With regard to the consideration of voucher lists for February, March and April, 1974, Councilman Donavan moved to approve the lists; Councilman Steinberg seconded the motion; the vote was unanimous in favor; and the motion carried. The town attorney reported that the Co,.,uneil had•come to an agreement with the Hi:lton:Inn~to allow a.30 square foot sign with the single word, "Hilton" to be the only sign placed on the east end•of the-buzl.ding. This proposal was acceptable to both parties. The fawn attorney reported that the petition for an annexation election would be filed with the District _ Court in the next week or two.. The Mayor urged that - this be done as soon as possible. As there was no further business., the meeting was adjourned, at 8:35 P.M. LIQUOR L~CFNSING AUTHORITY The local liquor licensing .authority then convened to make the decision regarding the. application of the Vail Mining and Restaurant Co., Inc. Mr. White rnoved.to approve the application; Mr. Dono~ran seconded the motion; Dr. Steinberg abstained from the vote due to his absence at the. hearing; Messrs. Dobson., Donovan, White and Ms. Krug voted to approve the granting of the license; and the motion carried. As there was no further-business, the meeting adjourned at 8:45 P.M. ATTEST: .~.Qi o n Clerk ~f - J TOWN 0~' VATL ,, MINUTES WORK SESSION TOWN COUNCIL OF THE TOWN OF VAIL 18 JUNE 1974 The regular work session of .the Town Council of the Town of Vail was convened at 1:44 P.M., June 18,.1974, in. the Conference Roam of the Vail Municipal Building., Mayor John Dobson and the following councilinembers were present: John F. Donovan Josef Staufer Kathy Klug Tom Steinberg Gerry White Also present were: Stan Bernstein, Assistant Town Manager Gene Smith, Town Attorney Craig A. Holzfaster, owner o~ Vailglo Lodge Hugh R. Warder, attorney Ms. Nadine Monacso, Sign Administrator With regard to an amended sign for the Vailglo Lodge, Mayor Dobson explained to Mr. Holzfaster and Mr. Warder that the Town had had two other designs made far their reference using the crown emblem of the Best Western- Motels. The new sign, as submitted by Mr. Holzfaster, meets the specifications of the old sign ordinance under which the application was originally submitted:. Mr. Warder noted that the sign wi11 be lighted froatz the ground or spotlighted. In response to Mr. White's. comment regarding the color, Mr. Holzfaster stated that .the yellow color would be toned down considerably. The sign will be made of wood with routed letters and.will be,20 square feet. Mayor Dobson, suggested that the Council and Nis. Holz-faster proceed with the newly submitted sign. The town attorney c~.~~.~Rented that the Council could approve the sign at its regular bi-monthly meeting that evening. He then requested that upon approval of this sign'M~. Wa~eder-make a stipulation to dismiss the case and file. it with the District Court.' According to Mr. Holzfaster,, the Vailglo Lodge ground sign will remain at-its present locations but the area will be bermed and planted with spruce. Mr. Warder then requested a certified copy of an extract of the :minutes of the Town Council meeting approving the sign. .Since there was no further business, the work session was adjourned at 2:40 P.M. ~~ .- f MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL 2 JULY 1974 The regular meeting of the Town Counc~.l of the Towne of Vail., Colorado, was convened at 7:35 P.M., July 2, 1974, in :the Council Room of the Vail Municipal Bui3.ding. Mayor John Dobson and the following councilmembers were present: Josef Staufer Kathy Klug Tom Steinberg John Donovan Gerry White Joseph Langmaid ~. . Also present were: Terrell J. Mnger,~~Town Manager Gene A. Smith, Town Attorney' Ordinance.No. 9, Series of 1974, AN ORDINANCE PROHIBITING DELIVERY, 3ERVICE,.AND OTHER COMMERCIAL MOTOR VEHICLES FROM USE OF STREETS IN ZONING DISTRICT COMMERCIAL CORE 1 BETWEEN 11:00 A.M. AND 2:00 P.M. DAILY FROM JULY 24, 1.974 THROUGH OCTOBER 31, 1374, AND AMENDING THE MUNICIPAL TRAFFIC CODE AND THE TOWN CODE OF VAIL, was introduced on First reading. Councilman White moved to.approve the ordinance; Councilman Steinberg seconded the~mati:oii; the vote was unanimous in favor; and the motion carried. The Town Clerk was then instructed to publish Ordinance No. 9 as approved on first reading. Ordinance No, 10, Series of 1974, AN ORDINANCE MAKING°A SECOND SUPPLEMENTAL APPROPRIATION FROM THE GENERAL FUND- OF THE 1974 BUDGET AND FINANCIAL PLAN FOR THE TOWN OF VAIL,.. COLORADO, was introduced on first reading. Councilman Staufer moved to approve the ordinance on first reading; Councilman Donovan seconded the motion; the vote was unanimous in favor; and the motion carried. The Town Clerk was then instructed to publish Ordinance No. 10 as .approved an. first reading. Ordinance No. 11, Series af.1974, AN EMERGENCY ORDINANCE CREATING A CONSERVATION TRUST FUND FOR-THE TOWN OF VAIL, COLORADO, PURSUANT TO HOUSE.BILL. NO. 1884 ENACTED. BY THE 1974 GENERAL ASSEMBLY OF THE STATE OF COLORADO, was introduced on first reading. Councilwoman KZug moved to approve the ordinance; Councilman Langmaid seconded the.mation;.the vote was unanimous in favor; and the motion carried. The Town Clerk was then instructed tc publish .Ordinance No. 11 as approved. Resolution No. 15, Series of 1974, a resolution for the development of the Vail Nature Centre and the transfer of part of an appropriation, was. introduced by the town manager. He explained that the approp~iatian was for $12,000.00 to be used in the rehabilitat~.on of the Antholz building. Councilman Steinberg moved to approve the resolution; Council- man Langmaid seconded the motion; the vote was unanimous in favor;~and the motion carried. ~. ~.. x alb." - . ~ _ * ~• n • July a, ~97~ Page 2 Res©lution No. 16, series of 1974, a.resolution to .obtain data on vehicular traffic patterns a:n zoning district. Commercial Core 1, was introduced by the town attorney. - The purpose of this resolution is to get a better. reading on the vehicular use. o~;CCI'..;,Councilman Do~ovari'moved to ~. approve the resolution; Coun'c.lman. Staufer .secondeel• the motion; the vote was unanimous in favor; and"the motion carried. - Regarding a request for a two-foot variance from the ~ ~- setback requirem~nt.pn the-southwest ;corner of the Riviere residence 1oCated in Booth Cr.eek;' Jim ~Lamoxt', 'administrative assistant, explained the details of the variance request; and noted that it had been. approved by the Manning Com- mission: Councilwoman Krug moved to. approve this request; , Councilman Langmaid seconded the motion, the vote was unanimous in favor; and the motion carried. With .regard to the Town o~ Vail .voucher ~.ists for. May 31, ~. 1974, Councilman Donovan moved to approve theta; Councilman White seconded the motion; the vote was unanimous in favor; and the motion carried. The town attorney reported that the petition regarding the Bighorn annexation election was filed in District. Court on June 28, 1.974. Additionally, the three election commissioners have been appointed by the Court. Councilman White asked that pubZie hearings be he1cl to .discuss uses of the Antholz property and the choice o~ a schogl site in the Vail area. .Discussion followed with regard to school site locations. Mr. Minger noted that a 1anc1 inventory wou~.d be presented by the staff at the,next.council meeting'. As there was no further business, the ineeting•.:adjourned at 8:30 P.M. ATTEST: Town Clerk .r U town a1 uail box 100 uail, Colorado 81657 (3U3} 476-5673 Town Council Planning Commission Town of Vail, Colorado P.o. sox loo Vaal, Colorado 81657 office of the town manager July 12, 1974 As you know a joint meeting of the Council and the Planning Commission is scheduled for tomorrow, July 16, at 2 P.M. to discuss the Commercial Care problems. Because of the great concern regarding Tracts A and B at the present time, I am requesting that the matter be discussed tomorrow instead. I know you have all given the matter considerable thought already, but am taking the liberty of outlining some of the problems and still unanswered questions as I see them, and trust it may be helpful as background information for our meeting: This summer the recreational fields around the Golden Peak area have been used by more people, and have offered more exciting events for both participants and spectators than ever before. Far more townspeople and guests than ever before have become aware not only of the fields them-- selves, but even more of the magnificent open view to the east along the golf course, and beyond to the majestic Gore Range. There is suddenly a great fear that the so-called Northwoods development to be constructed by Vail Associates immediately to the east of the playing field will seriously impare the incomparable sweeping view to the east, and limit expansion of recreational facilities in that direction, In order to understand what courses of action can be taken to limit or eliminate the development proposed, if that is the wish of the people today, it is necessary to understand the history of the land involved. The land belongs to Vail Associates. In August of 1972 the land was zoned HDMF. Page 2 Several months ago Vail Associates came to the town, to the Planning and Zoning Commission and eventually, through extensive public hearings, to the people and to the council. The Planning Commission recommended approval of the project, and the Council, with only Councilman Gerry White dissenting, approved the project. Vail Associates began preliminary excavation in early summer, has suspended it temporarily, but plans to begin work there again within 30 to 60 days. Since the formal approval of the project, the company has undoubtedly invested in extensive planning, design and marketing efforts in connection with the project. Interest in pur- chases of units has apparently been most encouraging, and estimates of the profitability of the venture are high. Paradoxically perhaps, the area's value as a development site in many ways parallels its value as continued public open space and recreational area. The developers through a period of many months have negotiated with the town and have received approval for the project. Although there were serious misgivings expressed by various town officials during the period before approval, there was little or no objection expressed by the people in the various forums provided, and the decision of the Town Council was undoubtedly sound in view of the legal constraints under which it was required to operate, primarily in the area of the pertaining zoning of the land. If the town is to maintain its credibility for rational and legal action, then it certainly must acknowledge that the developers have received approval to proceed with the project as planned. Sf we are to be sensitive to current wishes expressed by many townspeople - some in official positions - some not, we must learn and assess the exact nature of these concerns and the extent to which they are held by the people. Tf it can be demonstrated, quickly and definitely that serious or irreparable harm will be done to the town if this project does proceed, then it is the responsibility of the town government to do all in its power to eliminate or limit this harm. The fawn government's immediate task is to analyze the threat of harm as objectively as possible, and with the vital aid of public opinion, assess its importance to Vail's future - aesthetically, environmentally and economically. We must establish the priority of limiting or eliminating this development in the overall list of needs and priorities which we have already established. • ~ Page 3 What are the specific questions we must answer in order to make this assessment? 1. What land and how much development is involved? Note: the developer has already acknowledged that he will, continue to take no action on Tract A (zoned residential) anticipating possible purchase of this tract by the town. It is less clear as to the developers' intentions regarding the soccer field. It has been our understanding that this area would remain in its present use. Although no development is planned there, there have been reports that the Ski School has proposed changing the terrain for instruction purposes, thereby rendering it useless as a playing field. The success of this area as a multi-purpose summer facility has been proved beyond question, Tt must remain useable as such, and improved in all possible ways. Tf our option to purchase Tract A remains available, and if it can be established with Vail Associates that the soccer field remain (preferably deeded to the town), then the problem is narrowed to the Tract B development. What are the questions to be answered here? a. What will be the adverse effect upon the view to the east from the soccer field area? Note: An important aid will be composites of photographs of the existing view and models of the proposed development. These should be accomplished at once. What else do you think would be helpful? b. If the Northwoods development were not to take place, it would have to be purchased by the town. A realistic estimate of this amount must be as- . certained. What will it be? c. Can the town afford such an amount? If so, how? d. What effect would the purchase of this property have on the ability of the town to proceed with the development of facilities on the Antholz property? Page ~ e. The Town of Vaii and Vail Associates are close to a major transaction regarding Land acquisitions etc. of great importance to the town, which have been worked out aver a long period of time, and with apparent good faith and good intention evinced by both parties. Would these transactions be endangered by any action taken by the town in connection with the Northwoods development? Note: The Council and Planning Commission should review and understand this situation completely. It would seem obvious that the town's - or Vail Associates' - ability or desire to complete these negotiations will be affected by negotiations regarding Northwoods. While many other questions regarding the Northwoods problem undoubtedly exist, I believe the ones I have out- lined are vital, and ask you to give them as much thought before the meeting as possible. It is the responsibility of the town council, after hearing the opinions of the townspeople, and the advice and counsel of the Planning C.~~~u«ission, to adopt a policy regarding the Northwoods development, and then to implement it promptly. Time is very much of the essence. The purpose of this special meeting will be to establish an orderly, objective and prompt procedure for handling this situation. Please be sure to attend. John A. Dobson Mayor MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL 16 JULY 1974 The regular meeting of the Town Council off' the Town of Vail, Colorado, was convened at 7:40 P.M., July 16, 1974, it the Council Room of the Vail Municipal Building. Mayor John Dobson and the following councilmembers were. present: Josef Staufer John Donovan Kathy Klug Tom Steinberg Gerry White Joseph Langmaid ~~ Alsn present were: Terrell J, Minger, Town Manager . Gene A. Smith, Towri Attorney Ordinance No. 10, Series of 1974, AN.ORDiNANCE MAKING A SECOND SiTPk~:LEMENTAL APPROPRIATION FROM THE GENERAL FUND OF THE 1.974 BUDGET AND FINANCIAL.PLAN FOR THE TOWN 0~' VAIL, COLORADO, was introduced on second reading.. Couxiclnnan. Donovan moved to approve the ordinance;' Councilwoman Klug seconded the motion; the vote was unanimous in favor; and the motion carried. The Town Clerk was then instructed to have the ordinance published as adopted. Resolution Nc5': l.7 - Series of I974, a resolution for the development of the Towri-of 'Vail/Ea'gle County Animal Shelter and the transfer of part of an .appropriat.on and designation of said funds`as a special appropration 3=or said project, . was introduced and explained 'by the town manager. The. Town. of Vail.wa~11 spend up to $15~O;OQ.00 .for the :project. Councilman. Steinberg m~ived td'apprave the` resolution; Councilman Donovan seconded the motion; the vote was unani- moos in favor; and the motion carried, Resolution Nf7. 18, Series of 3.974, a resolution for the purchase of two buses far the municipal transportation system arid.the transfer of part of an appropriation and designation of said funds as a special appropriation for said purchase, was in- troduced by the town manager. He explained that the Tgwn. of Vail wi,l1 take over the operation of the buses•as part of a bus and land exchange with, Vail. Associates. Councilwoman Klug moved to approve the resol.utian, Councilman Steinberg seconded the motion; the vote'was unanimous a.n favor; and the motl.on carried. Resolution No..19, Series of 1974, 'a resolution proposing a community schools program for the Eagle County School District _ Re50j and presenting an offer by the~Town of Vail to dedicate to the District a.suitable site for an elementary school in the town, was xead in .full b~ the Mayor. Councilman White moved to approve the resolution,- Councilman Donovan seconded. the motion; the vote was unanimous in favor,• and the motion . cax'ried. July l~, 1974 Page 2 With regard to the restriction of motor vehicles in the core area between the hours of 11 and 2 during the summer months, Mr. Jahn Amato was present to discuss both the legal and practical problems regarding the matter. He urged the Town Council to defer any action on either the ordinance or the resolution on the agenda. He emphasized that he disagrees with the method by which the Town is attempting to pedestrianize the village, not with the concept of pedestrianization. Councilman Staufer c~~.~..ented that in his opinion the read. problem is the practicaa issue of scheduling and education. Representatives of businesses and delivery firms were present and voiced their opinions with regard to the practical aspect of handling the problem. With regard to Ordinance No. 9, Series of-1974, AN ORDINANCE PROHIBITING DELIVERY, SERVICE, AND .OTHER COMMERCIAL MOTOR VEHICLES FROM USE OF STREETS IN ZONING I]TSTRICT COMMERCIAL .CORE l BETWEEN 11:00 A.M. AND-2:00 P.M., DAILY FROM JULY 24; 1974 THROUGH OCTOBER 31, 1974, AND AMENDING THE MUNICIPAL TRAFFIC CODE AND THE TOWN CODE OF VAIL, the town attorney explained that this ordinance might encroach on the easement rights not belonging to the Town of Val]. and that a resolution, being a policy document, would not. .Councilman Steinberg moved to reaect Ordinance No. 9, an second reading;'Cauncilman Donovan seconded the motion; the vote was unanimous in favor; and the motion carried. With regard to Resolution No. 20, Series~of 1974, a resolution prohibiting delivery, services and-other commercial motor, vehicles from use of streets in zoning distract C~~tu«ercial Core i between 11:04 A.M. and. 2:04 P.M., daily from Ju'1y 24, 1974 through October 31, 1974, and amending the Municipal Traffic Gode and the Town Code of Vail, the Mayor suggested that it be tabled until Further legal work has been done. Councilman Donovan maned to table Resolution No..20; Council- woman Klug seconded the motion; the vote was unanimous in favor; and the motion carried.. With regard to a request for a setback variance of 6 to 6~ feet for the Dews residence, Mr. Gordon .Pierce explained that the house will be less 'non-conforming' than it is presently. The Planning Commission has recommended approval of the request. Councilman Donovan moved to grant the variance; Councilman Steinberg seconded the motion; the vote was unanimous in favor; and the motion carried. With regard to the Municipal Court report, the town attorney reported that the receipts for the first half of 1974 exceed those for 1973. The town attorney reported that matters. relating to the Bighorn annexation election on August 6, 197, are in order. He noted that any landowner is eligible to vote. With regard to the development of Tracts A and B by Vail Associates, the town manager explained that the Town plans to purchase Tract A to allow for;~a.n athletic field anc~ to maintain a visual corridor eastward toward the Gore Range. Negotiations are underway. Mayor Dobson commented that it is important that the Towri honor its agreements with the developers concerning Tract B after month`s of dascussion~and planning for the development. . July l6, 1974 Page 3 A member of the audience addressed the Council with regard to the reference to the Lionshead parking lot as an employee parking area. He commented that this would be detrimental to the business people of Lionshead, especially during the ski season. As there was na further business,-the meeting was adjourned at 9.30 P,M. LIQUOR LICENSE HEARING After a ten minute recess,.the members reconvened as the Ioca1 liquor licensing authority to hear the regtaest for a Beer, Wine and Liquor license from Hubbard Creek Land and Livestock Co., Inc, for Kostas '~avern.a.to be.iocated in the Landmark Condominium complex in Lionshead. The Mayor asked if the application were in order. The"Town Clerk and the Chief of Police reported ,that. requirements had been fulfi~.ledw . Edward L. Volpe, attorney ,:represent~ng;.Ms.~Katherine Theos, who is the major stockholder and manager of~the proposed restaurant, submitted petitions o=~ approximately 449 names as Exhibits A through E tb indicate the needs of :the neighbor- hood. Ms. Theos and two other witnesses were then sworn in by the town manager; they proceeded to give the details of the operation and attempt to prove the needs of the neighbor- hood. There was no opposition to the granta,ng of the license. After some discussion, the members of the authority decided. that they would notify the applicant within the required 30-day period regarding the license. As there-was no further business, the meeting was adja~rned at 10:45 P.M. ATTEST: Town Clerk ~' TOWN OF VAIL r U MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAZL 6 AUGUST 197 The regular meeting of the Town Council of the Town of Vail, Colorado, convened at 7:40 P.M, in the Council Room of the Vail Municipal Building. Mayor John A. Dobson and the following councilmembers were present: Josef Staufer Joseph Langmaid John Donavan Kathleen K].ug Tom Steinberg Gerry White Also present were: Terrell J. Minger, Town Manager Gene A. Smith, Town Attorney. With regard to a request for a Conditional.U.se.Permit- by Mr. Nathaniel B. ~Iarris, representing. RADIO VAIL, INC., in order to permit a public service use ri a CC2 zone, Councilman Donovan moved tci approve the variance. Councilman Steinberg seconded the motion; the vote was unanimous. in favor, with Councilwa'man Klug abstaining because of conflict of interest; the motion carried. The radio broadcasting studio will be .located on Lot 1, Vail. Lionshead First Filing (Lionsquare Lodge).. With regard to a request for a. setback variance from Mr. William Ruoff, representing Ralph E. Davis, .for a proposed addition located on Lot 3, Block '1~, Vail Vi~.lage 7th Filing, Councilwoman.mov~d to approve the variance request; Council.man 'Donovan;se,conded.the.motors the vote was unanimous in favor; and tki~e motion carr.~ed. With regard to a roquss~~ fqr a parking variance or exemption by Mr. Rodney E. Slifer, representing John McBride, in order to allow an apartment. unit. to be converted to commercial°space for "Country Flair"; Councilman Steinberg rec~.~µ.~ended that there be a physical barrier between Gorsuch and Country Flair to totally- separate the two facilities. Gorsucki agreed to the barrier . as there is no corporate connection between Gorsuch and Country Flair. Mayor Dobson stated for the Council that we must act under the existing laws and that there is nothing in the present zoning ordinance which would prohibit the conversion of the dwelling unit to commercial. Councilman White moved to approve the. request; Councilwoman Klug seconded the motion; Councilmembers Donovan, Dobson, Steinberg, White and K1ug voted in favor.,; Councilmen Langmaid and Staufer voted against; the motion carra.ed. The variance was granted subject to signing a cpntract to purchase parking. . ,. .. ~ >:~~. • W~:th zegard to a request for a.building bulk control variance by Mr. Robert•Ruder, representing Lodge Properties, in order to allow addition off' a trash and storage building to an a~,ready nonconforming .structure, it was reported that the Planning Commissiran has given unanimous approval of the variance. Councilman Donovan moved to approve the request; Councilman Staufe~ seconded the motion; the vote was unanimous in favor; and the motion carried. Mayor Dobson then announced the results of the, Bighorn Annexation Election, Votes cast indicated 151 in favor of annexation and 6$ opposed to annexation, With regaxd to a request for an addendum to existing parking variance and building bulk control variance for the Covered Bridge Store,: Mayor Dobson stepged down and Mayor Pro Tem White px'esided over this pbr~t:iori of the meeting, The Planning Comm~:ssion had voted-unanimously to approve the building bulk control variance; ~aoweverr concerning the parking variance the vote was ~4 in favor, 2 opposed and one abstent~.on. Councilman Donovan moved to approve the request with the condition that parking be provided elsewhere as ~axt o,f.th~ varianceF CouncX~.~- woman Klug seconded the motion; Councilmembers Donovan, Klug, Langmaid, White and Steinberg' voted in favorP Councilman Staufer voted against; the Mayor abstained due to a conflict .of a~ntex'est,. th.e motion carried,.: With regard to the Community 'Felevisionr Inc:~franchise praposa.l, Messrs; Art Lee and Dave ~teynol.ds,were present to discuss detax:ls of the., gx'oposed~ c~greem~nt a The: agree-- . ment outla.nes quality regulations to be determined by FCC and standards of constru.ct.ion and maintenance. I~ desired, the Town of Vail could have a facility whereby local in- ~ormation services could Yze provided on a television screen, Mr. Loren Ma1.l, the attoxney representing Manor Vail Condomin~.ums, commented that he has'.beennegotiating with CTx since 1.71 and suggested that the first reading of. the ordinance be deferred until the technical paints are firmed up. Mr, Reynolds stated that the franchise agreement,would be with the Town o€ Vaal only and not outlying areas. Service would be extended.to areas already annexed to the Town. Discussion followed concerning additional facilities consumer protection and,: the negative response a~ the citizens to management, service and rates. Several lodge owners were present and disagreed with the rates for lodgese A simplification of rates was requested along with a Financial statement from CTT:. Mayor Dobson then suggested. that a work sess~.on be held to dscuss..~urther detai3.s. Tuesday, August 15, 7,30 P.M. was the date set for that. meeting Ordinance No. 12~, Series of~ L974, AN EMERGENCX ORDINANCE PROHIBITING PEQPLE Pvvu~RED VEHICLES FROM USE OF STREETS AND BICXCLE AND PEDESTRIAN PATHS IN. THE TOWN OF VAXL AND AMENDING THE MUNICIPAL TRAFk"ZC CQDE~ gRDINANCE N0. 13, SERIES OF 1973, AND TOWN CODE OF VAIL, was introduced as an emergency measure due to the possible danger involved ..,. , ,.. , : . ,. ~ .. . in the use the vehicles on the public.rzghts~of-way especially by young children, Councilman White was of , the opinion that PPV's are hazardous and an emergency ordinance is the only way to handle. them. Gary Wall, Chief of Police, stated that the vehicle is. a dangerous one to allow on public rights-of--way.. Discuss-ion followed with regard to compensation for the owner of the .business due to lease agreements h~ had made for the months of August and September. The owner-agreed that Vail. was not the place for such a vehicle. Councilman Steinberg noted that he feels very strongly about the need for the ordinances. He moved to approve .ordinance No. l2 as an emergency ordinance; Councilman White seconded the. motion; Councilmembers Stainer, Donovan, Steinberg and White voted in.~avor; Councilwoman Klug abstained; Councilman Langmaid opposed the.mo.tion; the motion carried. The tcswn, attorney ;was then . in'~txucted to discuss the matter of compensation"with the owner of the business. With regard to a sign presented 'to 'the Design~Revew Board. .~ by Gasthaf Gramshammer Lodge, a tie vgte resulted ..n the . matter coming before the"flown Council;:- Councilman-~;Staufer moved to approve the sign with a height restriction. to be determined in accordance with- the 5igri Ordinance; Councilman _ Donavan seconded the motion; the vote was unanimous in favor and the motion carried, With regard to voucher lists for June, 1974, and Council Minutes through July l6, 1974 {with the exception of April) Councilman Steinberg moved to approve both. items; Councilman Donovan seconded the motion; the vote was unanimous in favor; and the motion carried.. As there was no further business, the meeting.v~as.ad~ourned at 11:4 P.M. LIQUOR ~.,ICFNSING AUTHORITY With .regard to a decision concerning-the application of. Hubbard Creek Land and Cattle Company for Kostas Taverna, Mr. Dobson asked for c~~~u«ents from the Authority. Klug chose to abstain from the vote with the.comment- Ms . that the issuance of liquor licenses cannot be controlled beca-use of the law.. Mr. Staufer remarked that in his opinion the testimonies of the Landlord and operator were not sufficient to prove the needs of the neigh~iorhood. He also stated that there was na connection between the license that-he holds and the applicant's license in Lionshead.- He noted that legally, the authority has all the reasons in the world to deny the application. Mr. White moved to approve the license;. Mr :. Langmaid.secanded the motion; Mr. Dobson asked fob a vote. Dr, Steinberg. voted in favor under protest.' ; Ids,, K'lug abstained; Messrs. Donovan, Langmaid, White and Dobson: voted in favor. The application was approved,. With regard to the request from the Vail Metropolitan Recreation District for expansion of premises for their present liquor license at the Golf Course Clubhouse, Mr. Staufer moved to approve the request; Ms. Klug seconded the motion; Mr. White abstained since he is a Recreation hoard member; the-,vote was unanimous in favor and the motion carried. McLAUGIiI.IN S H.A.32'1` ATTO RlY CYS AT LAW • $. pgVGEAS L[4LAUG Ht}N RSC HARD H. HART }AY K, PETERSOR YA1 L, ARGAD[ P,,O. BOx 14 pg VAit.,GOIp RApp 81657 303 476.2429 August 6, 1974 Nadine M. Monaco Sign Administration Town of Vail P. O. Box 100 Vail, Colorado 81657 RE: Amended Application for approval of design for the outside o~ the Alaskan Shop Dear Nadine: • Pursuant to Section 15.800 of the Zoning Ordinance, Z am hereby appealing to the Town Council, the Design~Review Board's decision dated August 1, 1974 regarding the above-entitled matter. Sincerely yours, McLAUGHLTN & HART y =ay Peter~,dn cc: Chuck McLaughlin JKP/jb G~ ~. ~. Cc: ~~ ~~ i PUBLIC NOTICE A PUBLZC MEETING WILL BE HELD ON THURSDAY, AUGUST 15, 1974, AT 7:30 PM TN THE VAIL MUNICIPAL BUILDING WITH REGARD TO THE PROPOSED CABLE TELEVXSION FRANCHISE CURRENTLY UNDER CONSIDERATION BY THE TOWN OF VAIL. THE PUBLIC TS ENCOURAGED TO ATTEND . THIS MEETING. • • REGULAR r,~;lING TOWN COUNCIL OF 20 AUGUST 1974 T#IIE TOWN OF VAIL The regular meeting of the Town Council of the Town of Vail, Colorado, convened at .7:45 P.M. on Tuesday, August 20, 1974,. in the Council Room of the Vail Municipal Building. Mayor John Dobson and the following councilmembers were present: Kathy Klug Joseph Langmaid Josef Staufer Gerry White Others present were: 'Terrell J. Minger, town manager Gene A. vYnith, ta+m attorney ORDINANCE N0. 13, Series of 1974, AN ORDINANCE ANNEXING A PuxliON OF THE BIGHORN AREA TO THE TOWN, iaas introduced on ~irstBreading. The town attorney briefed the Council with regard to the final procedures to be followed in the annexation of this portion of the Bighorn area. Effective date of annexation is September 11, 1974; general taxation will be effective on January 1, 1975. Councilman Staufer moved to approve the ordinance as presented on first reading; Councilman White seconded the oration; the vote was unanimous in favor and the motion carried. The Town Clerk was then, instructed to have the ordinance published in full. ORDINANCE N0. 14, Series of 1974, AN. ORDINANCE GRANTING A FRANC~iISE TO CQMN1[INITY TI~,GEVISION INVESTMENT, INC., ITS SUCCESSORS AND ASSIGNS TO CONSTRUCT, OPERATE AND-MAINTAIN A CARTE TELEVISION SYSTIIK IN THE TOWN OF VAIL, COTARADO, Sli;~x-r.~tJG Fcrtcrrl CONDITIONS ACCOMPANYING - THE GRANT OF FRANCHISE PROVIDING FOR 'Ibf+VN REGULATION AND USE OF ~~; CpRTF; TELEf]ISION SY~•l~r~,~i; was introduced an first reading. Mayor Dobson outlined the various mans of handling the ordinance at this tune. I3E then suggested that the public hearings on the subject continue. Discussion ensued regarding legal counsel and rates. Councilman Staufer commented on the company's history of poor service in this c~Bn«anty. Speaking on. behalf ~f the homeo~mer, he stated that he is ~N~~sed to a rate increase on November 1, 1975. Council-- w~~~n Klug commented that the. criteria listed in the agreement must be met or the increase will authc~natically be withheld. Mr. Dave Reynolds, representative of the cable television company, stated that items proposed for this franchise were not in the old franchise, e.g. 3~ revenue to the Town of Vail, anew Denver channel, and re- building of the trunk and head station. Discussion followed with negative reaction to rate increases. Councilman Staufer proposed that the automatic rate increase for November 1,.1975 be ~p~~ted frcen the ordinance. Discussion followed regarding details of the ordi- nance, and it was decided that.. first rea~~ng would be delayed until possible alternatives to a rate increase could be pursued. The' Mayor then introduced the revised rate schedule of August 15, ].974. Efforts have been made to reach an egi~i.table decision regarding rates for Lodges and condominitnms.. He noted that the rates are acceptable to the y~.~~zp which is getting an increase; palatable to those who are getting a decrease; resulting in a split in the lodging cu«u~Bunity. Discussion followed on-the subject. Minutes Auc~just 2Q, 1974 . Page 2 After a recess, Councilman Staufer moved to a~~,,~ove the ordinance on first reading with the d~ ~ ption of the aut~canatic rate ,increase . at this time. The town attorney questioned. wlicr figures were uizder discussion. Councilman Staufer then withdrew his motion. Councilman White then stated that Yie would like-to procaed with this particular doctm~it arsd made a motion to pass Ordinance Na . 14 on first. reacting with the revised rates of August. l5, 1974, in~~~.~~~ated and with the understanding that.~furthe~,negoti~tions;will occur, Councilman Lang'maid seconded the~mation; Councilman S~aufer voted against;. Couneilm+en~rs Klug, Langmaid, White and Dobson voted in'favor;.and. the matiori carried. ~hanges'wi11 be reviewed at a special meeting on Tuesday, ~ August `~7, 174, in ,the Vail. N~uxicipa]. Building. The Town Clerk was then instructed to have the ordinance pub~.ished~with revisions. With regard to the. consideration o~ a request~by F~hAY't T. Lazier for a variance for parking not,withi.n the bu_i:lding, Parcel C Lionshead 1st filing- the matter was deferred to the following regular council meeting. Mr. Lazier was absent i~« this meeting.. With regard to an appeal ~rc~n the Alaskan Shop con~xning the facade of-that building in the Lodge Arcade, Mr. Jay K. Peterson,- attorney r~:~~~senting the owner, Chuck McLaughlin, presented a.petition showing 147 signature o~ sho~aners in the `immediate vici?~.ity and other iuiterested parties who favor the design. The Design, Reva,ew Board has disar~~.oved the facade pramarily.because.the design is not in keeping with the-rest of the Lodge Arcade facade. Several citizens were present to comment infavor o~ the facade, Council.-~. members Klug and Langmaid opposed the design. Mr. Peterson requested.,, that the Council's decision be based on the photographs, petition , and informal sketch presented to them.. Councilman 'White moved to approve the request; Councilman 5taufer seconded. the motion; Councilmembers Staufer, White and Dobson voted in favor; Councilmembers Langmaid and Klug were opposed; and the motion carried. As~'-.ther~~<was:,no .further business, the. ~ was adjo at 10:5 PM. ,~,, ~~ ,~ ~~~. ~ . ~~~ ~ ~. <ua;w 1~°c:f~:~;t1t,u::'~~k.il;mtx~x,'~$'a:~`~~r:'&~~~s~`~.Cet~u~ .~.~ ~' ATTEST: r ..~.~--,a~,P~., Town Clerk ~' MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL SEPTEMBER 3, 1974 The regular meeting of the Town Council of the Tawn of Vail convened at 7:30 P,M. on Tuesday, September 3, 1974, in the Council Chambers of the Vail Municipal Building. Mayor John Dobson and the following councilmembers were present: Kathleen Klug Thomas Steinberg Jahn Donovan Joseph Langmaid ORDINANCE N0. 13, Series of 1974, AN ORDINANCE ANNEXING • A PORTION OF THE BmGHORN AREA TO THE TOWN OF VAIL, was introduced on second reading. Councilman Steinberg moved to approve the ordinance; Councilman Donovan seconded the motion; the vote was unanimous in favor; and the motion carried. With regard to the consideration of Voucher Lists for July 31, 1974, Councilman Donovan moved to approve the lists as presented by the Town of Vail Finance Department; Councilman Steinberg seconded the motion; the vote was unanimous in favor; and the motion carried. With regard to a request for a Conditional Use Permit from Vail Associates, Inc. for a lift cover for Lift #12 Jim Vie1e was present to explain that the request was made so that the chairlift in the Golden Peak area could be insulated. The request has been approved by the Planning Commission. The lift is in a greenbelt area and a conditional use permit is required for such a change. Councilman Donovan moved to approve the request; Councilwoman Klug seconded the motion; the vote was unani- mows in favor; and the motion. carried. With regard to a request for a parking variance from Robert T, Lazier for an office building in Lionshead, the zoning administrator stated that the request has been studied by the Planning Commission and in a joint session of the Town Council and Planning Cammiss-ion. She explained that the criteria to be followed in the granting of a variance includes that the request must be reviewed by the Town Council and considered before the Council votes, Mr, Jay K. Peterson, the attorney for Mr. Lazier, requested that a portion of the covered parking not be contiguous to the building but adjacent to it along the parking area to the north. He stated that the request would fall into the category of ".excep- tional circumstances". He remarked that the Planning Commission has approved it and recommended granting of the variance as outlined; that the best interests of the Town of Vail would be served; and that it would aesthetically be a good change.- Councilman Steinberg recommended the occupancy permit be dependent on the stairs, bermirig and grading of the project and that an escrow account of ,~ $x,000.00 be held far landscaping of the project and preliminary work on the mall area should be completed prior to the time of an occupancy permit. Any work completed would be subject to the official approval by the Design Review Board. Councilman Steinberg further recommended Minutes September 3, 1974 Page 2. that the landscaping plan be formalized. The variance should include the remarks, "Town Council recommends further study of use of garage doors", Councilman Donovan moved to grant the variance for the Lazier Building subject to the posting of an escrow account in the amount. of $5,000.00 to cover the cost of landscaping of the entire project and that the C.0. be tied to completion of the more permanent features of the landscaping, e.g. concrete, heated steps and concrete mall areas and berming of mall area, that the work should be subject to Design Review approval, and that a detailed landscaping plan must be submitted. Monies for the work can be drawn on two signatures - Robert T. Lazier and Stanley Bernstein; Councilwoman Klug seconded the motion; the vote was unanimous in favor; and the motion carried. ORDINANCE NO. 14, Series of 1974, AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE,was introduced on second reading. Much discussion followed concerning the details of the rate structure, whether cable would be laid as far as Bighorn by this ski season, the strength of the document, the possibility of an answering searvice for complaints and enquiries during the business day, and protection of the subscriber in regard to the franchise. The Mayor stated that items not included in the franchise document could be handled in detail in the agreement which will be drawn up between the Town of Vail and CTI. The cable company refuses to have the Collateral Agreement a part of the franchise. Councilman Donovan felt -that there should be some protection for the condo-hotel owners with future negotiations to be made. Councilman Donovan then moved that the ordinance granting a cable television franchise be approved with the following changes: (1) in Section 9D that 50,°6 rather than 20% of the homes should be serviced and (2) that the condo-hotel owners be allowed to have future nego- tiations regarding rates. The town attorney suggested that in the clause following in Section 9D the words, "or a portion thereof" be added. The Mayor then re-stated that certain issues would be covered in the Collateral Agreement which are not in the ordinance. The town attorney then commented regarding Section 12D that the modification:, "provided however that rates established herein and hereafter approved shall remain in effect for not less than 12 months from the effective hereof". . Councilman Langmaid seconded the motion; the vote was unanimous in favor; and the motion carried. With regard to the consideration of the minutes for August 6, 1974, Councilman Langmaid questioned the vote regarding the rejection of Ordinance prohibiting people-powered vehicles. Councilwoman Klug stated that she did not abstain from the vote, but had said that she was 'undecided' and could not abstain except from conflict of interest, her vote should then reflect a 'yes' decision. The town attorney stated that he would instruct the town clerk to change the August 6 minutes, As there was no further business, the Ming was d'ourned at approximately 10:30 P.M. ,-. ,. ~ Mayor Attest. -" Town Clerk M~LAUC~zLx~v & HA~tT A'CTORNEYS AT LAW S. OOVGLAS M4LAUGWLIN FIC HARO W.HA RT JAY N, PETERSON September 10, 1974 Town Council Town of Vail P. O. Box 100 Vail, Colorado 81657 RE: Non-conforming Use of Blue Caw Restaurant Dear Sirs: vAl~ ARCnoE P. O, BOx IaDB VAI L,COLORAOD BI6 S7 303 476-2«Y2] Pursuant to Section 20.800, Change of Use, Town of Vail Zoning Ordinance, I hereby request that the downstairs section of the Blue Cow Restaurant be allowed to be used as an extension of the present restaurant, for the following reasons, to-wit: 1. That the proposed use does not substantially differ from the existing non-conforming use in terms of compa- tibility with the character of the area in which it is located; 2. That the proposed use does not increase or aggravate the degree of non-conformity existing prior to such change of use; and 3. That unless said change of use is allowed, the zoning ordinance prohibits any use and would therefore be confis- catory regarding this property. Thank you. • cc: Diana Toughill Gene Smith Josef Langegger JKP/jb Sincerely yours, McLAUGHLIN & HART By J y K. Peterson MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL 17 5EpTEMBER 1974 A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, CONVENED AT 7s40 P.M. ON TUESDAY, SEPTEMBER k7, 1974, TN THE COUNCIL ROOM OF THE VAIL MUNICIPAL BUILDING. MAYt~R JOHN DDBSON AND THE FOLLOWING CDUNCILMEMBERS WERE PRESENT: KATHY KLUG JOSEF STAUFER JOHN DDNOVAN JOSEPH LANGMAID TOM STEINBERG ALSO PRESENT WERE: TERRELL J. MINGER, TOWN MANAGER GENE A. SMITH, TOWN ATTORNEY STANLEY BERNSTEIN, FINANCE DIRECTOR ORDINANCE ND. is, SERIES of 1974, AN EMERGENCY ORDINANCE IMPOSING INTERIM ZONING ON THE BIGHORN AREA ANNEXED TO THE TOWN, WAS INTRODUCED BY THE TOWN ATTORNEY. THE INTENT OF THE ORDINANCE IS TO MAKE THE ZONING PATTERN FOR BIGHORN COMPATIBLE WITH THAT OF THE REST OF THE TOWN OF VAIL. CDUNCTLMAN STEINBERG MOVED TO APPROVE ORDINANCE N0.15; CDUNCTLMAN DDNDVAN SECONDED THE MOTION= THE VOTE WAS UNANIMOUS IN FAVOR; AND THE MOTION CARRIED. THE TflwN CLERK WAS THEN INSTRUCTED TD HAVE THE ORD2- NANCE PUBLISHED AS APPROVED. ORDINANCE ND. 16, SERIES OF 1974, AN ORDINANCE AUTHORIZING MUNICTPAL BORROWING DF MONEY IN AN AMOUNT NDT TO EXCEED 4100,000.00 TO SUPPLEMENT THE GENERAL REVENUES FOR THE FISCAL YEAR 1974 AND TQ DISCHARGE CURRENT MUNICTPAL OBLIGATIONS; AUTHORIZING THE MAYOR AND THE TOWN MANAGER TO JOINTLY EXECUTE ONE OR MORE SHORT-TERM NOTES TO EVIDENCE SUCH INDEBTEDNESS; AND PROVIDING FOR THE IRREPEALABILITY HEREOF UNTIL SAID INDEBTEDNESS HAS BEEN DISCHARGED, WAS INTRODUCED ON FIRST READING. THE FINANCE DIRECTOR EXPLAINED THAT THE ORDINANCE IS FDR CASH FLflW PURPOSES. COUNCILMAN DDNOVAN MOVED TO APPROVE THE ORDINANCE; COUNCILMAN LANGMAID SECONDED THE MOTION; THE VOTE WAS UNANIMOUS IN FAVOR; AND THE MOTION CARRIED. THE TawN CLERK WAS THEN INSTRUCTED TO HAVE THE ORDINANCE PUBLISHED AS APPROVED DN FIRST READING. ORDINANCE Nfl. 17, SERIES DF 1974, AN ORDINANCE MAKING A SUPPLEMEN- TAL APPROPRIATION FROM THE HEAVY EQUIPMENT FUND OF THE 1974 BUDGET AND FINANCIAL PLAN FOR THE TOWN OF-VAIL, COLORADO, AUTHORIZING THE EXPENpITURE DF SAID APPROPRIATION FDR THE PURCHASE OF A LOADER, AND AUTHORIZING MUNICIPAL BORROWING OF $53,000.00 TO SUPPLEMENT THE GENERAL REVENUES FOR THE FISCAL YEAR 1974 AND TO PURCHASE SAID LOADER, AUTHORIZING THE EXECUTION OF A SHORT-TERM PROMISSORY NOTE TO EVIDENCE SAID INDEBTEDNESS, AND PROVIDING FOR THE IR- REPEALABTLTTY HEREOF UNTIL SAID INDEBTEDNESS HAS BEEN DISCHARGED, WAS INTRODUCED DN FIRST READING. THE TOWN MANAGER EXPLAINED THAT THE LOADER WILL QE USED PRIMARILY FOR BIGHORN, BOOTH CREEK AND OTHER NEWLY ANNEXED AREAS TO THE TOWN. COUNCILWOMAN KLUG MOVED TO APPROVE THE ORDINANCE; COUNCILMAN STEINBERG SECONDED THE MOTION; THE VOTE WAS UNANIMOUS IN FAVOR; AND THE MOTION CARRIED. MINUTES SEPTEMBER 17, 1974 REGULAR MEETING PAGE z TOWN COUNCIL • n U J DRDINANCE ND. 18, SERIES DF 1974, AN ORDINANCE MAKING A THIRD SUPPLEMENTAL APPROPRIATION FROM THE GENERAL FUND OF THE 1974 BUDGET AND FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO, wAS INTRODUCED BY THE TOWN MANAGER. IN ANSWER TO A QUESTION REGARDING BUS SERVICE TO OUTLYING AREAS, THE TOWN MANAGER COMMENTED THAT THIS WILL BE REVIEWED WITH RESPECT TO THE 1975 BUDGET. THE FINANCE gIRECTOR COMMENTED THAT iT COSTS THE TowN X11.00 PER HOUR TO OPERATE EACH BUS IN THE SY57EM. DISCUSSION FOLLOWED REGARDING CONSTRUCTION OF AN OVERPASS FROM SANDSTONE TO LIONSHEAD IN THE NEAR FUTURE. COUNCILMAN STEINBERG MOVED TO APPROVE THE ORDI~ NANCE; COUNCILMAN STAUFER SECONDED THE MOTION; THE VOTE WAS UNANIMOUS IN FAVOR; AND THE MOTION CARRIED. THE TOWN CLERK WAS THEN INSTRUCTED TO HAVE THE ORDINANCE PUBLISHED A5 APPROVED ON FIRST READING. QRDINANCE No. 19, SERIES OF 1974, AN DRDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE OPEN SPACE~CAPITAL IMPROVEMENTS FUND AND THE RECREATIONAL AMENITIES FUND OF THE 1974 BUDGET AND FINAN- CIAL PLAN FOR THE TOWN OF VAIL, COLORADO, AND AUTHORIZING THE EXPENDITURE OF SAID RPPROPRIATIONS FOR THE PURCHASE DF TRACT A, A PORTION OF LOT A, BLOCK 2, VAIL VILLAGE SEVENTH FILING, AN UNDEVELOPED TRACT OF LAND SITUATED IN THE TOWN; AUTHORIZING SHORT-TERM INDEBTEDNESS OF $225,000.00; AUTHORIZING THE MAYOR AND THE TOWN MANAGER TD JOINTLY EXECUTE A SHORT-TERM PROMISSORY NOTE FOR PART OF THE PURCHASE PRICE AND OTHER INSTRUMENTS RELATING TO SAID PURCHASE; AND PROVIDING FOR THE IRREPEALABTLITY HEREOF UNTIL SAID INDEBTEDNESS. HAS BEEN DISCHARGED, was INTRODUCED BY THE TOWN MANAGER. TRACT A WOULD BE USED AS A SPORTS FIELD AND OPEN PARK SPACE. COUNCILMAN STAUFER MOVED TD APPROVE THE DRDINANCE; COUNCILMAN DDNDVAN SECONDED THE MOTION; THE VOTE WA5 UNANIMOUS IN FAVOR; AND THE MOTION CARRIED. THE TOWN CLERK WAS THEN INSTRUCTED TO HAVE THE ORDINANCE PUBLISHED AS APPROVED.ON FIRST READING. WITH REGARD TD THE COLLATERAL AGREEMENT WITH COMMUNITY TELEVISION, INC., THE TOWN ATTORNEY STATED THAT THE DOCUMENT REQUIRES A MOTION BY THE COUNCIL AND THE MAYOR'S SIGNATURE. DISCUSSION FOLLOWED REGARDING DETAILS OF THE FRANCHISE AGREEMENT WHICH HAVE NOT BEEN DISCUSSED, AND THE TOWN ATTORNEY STATED THAT A DELAY TN SIGNING THE AGREEMENT WOULD HAVE OTHER SERIOUS EFFECTS ON THE SYSTEM'S OPERATION. THE TOWN MANAGER REQUESTED THAT ANY PROBLEMS DR COM- PLAINTS BE REPORTED TO HI5 OFFICE IN WRITTEN FORM TO INSURE RAPID CORRECTION OF THE DIFFICULTY. COUNCILMAN STEINBERG MOVED TD APPROVE THE COLLATERAL AGREEMENT; COUNCILMAN DDNDVAN SECONDED THE MOTION; COUNCILMEMBERS STAUFER AND KLUG OPPOSED THE MOTION; COUNCILMEN STEINBERG, DDNOVAN, LANGMATD AND DDBSDN VOTED IN FAVOR; AND THE MOTION CARRIED. WITH REGARD TD A REQUEST FDR A CHANGE OF USE FOR THE BLUE CDW RESTAURANT, THE MATTER WAS REFERRED TD THE PLANNING COMMISSION FOR THEIR REVIEW. WITH REGARD TD RATES TO BE CHARGED FOR USE OF THE PARKING FACILITY, THE TOWN COUNCIL WAS APPROVED THE RATES AND THEY HAVE BEEN PUBLISHED IN THE VAIL TRAIL. BARRING EARLY SNOW THE STRUCTURE WILL BE READY ON SCWEDULE. THE FINANCE DIRECTOR REPORTED THAT THE SALES TAX REVENUES FOR THE PERIOD JANUARY THROUGH JUNE 1974 SHOWED A 38% INCREASE OVER 1973. • MrNUTEs REGULAR MEETING TOWN CDUNCTL SEPTEMBER 27, 1974 PAGE 3 AS THERE WA5 NO FURTHER BUSYNESS, THE MEETING WAS ADJDURNED AT ~:ao P.M. LIQUOR LICENSING AUTHORITY AFTER A BRIEF RECESS, THE LIQUOR LICENSING AUTHORITY CONVENED AT 9slo P.M. WITH REGARD TO A REQUEST FROM VAIL ENTERTAINMENT, LTD. FOR A THREE--WAY LICENSE TO OPERA'T'E THE CASINO VAIL.., ROBERT COOK, ATTORNEY FOR THE APPLICANT, AND DAVID TDEN, STOCKHOLDER IN THE FIRM, WERE SwORI~ IN BY THE TOWN MANAGER. THE APPLICANT GAVE TESTIMONY REGARDING THE DETAILS DF THE OPERATION. THE TawN CLERK AND POLICE CHIEF REPORTED THAT THE APPLICATION REQUIRE- MENTS HAD BEEN MET. THE TOWN ATTORNEY STATED THAT THE LICENSE COULD BE APPROVED BUT NOT ISSUED UNTIL ALL FOOD SERVICE REQUIRE- MENTS ARE MET. THE COUNTY HEALTH OFFICER HAS NOT YET GIVEN FINAL APPROVAL TD THE FOOD SERVICE OPERATION. DR. STEINBERG MOVED TO APPROVE THE APPLICATION ON THE CONDITION THAT THE APPLICANT MEETS ALL FOOD SERVICE REQUIREMENTS; MR. LANGMATD SECONDED THE MOTION; MR. STAUFER, MR. DDNOVAN AND MS. KLUG ABSTAINED; MR. DOBSDN, DR. STEINBERG AND MR. LANGMAID VOTED IN FAVOR AND THE MOTION CARRIED TD APPROVE THE LICENSE. WITH REGARD TO A REQUEST FROM SWEENY TODD'S LTD. FOR A THREE-WAY LICENSE, DOUGLAS MCLAUGHLTN, ATTORNEY FDR THE APPLICANT, AND MARIA MASON, OWNER DF THE ESTABLISHMENT, WERE PRESENT FOR THE HEARING, WITNESSES WERE THEN SWORN IN BY THE TOWN MANAGER. THEY INCLUDED: RAY MA5DN, HUSBAND OF THE OWNER, WM. P. CDSTEL..DE, PAUL ULRICi-I, RICHARD GUSTAFSON AND DAVID PRATT. MR. MCLAUGHLIN PRESENTED PETITIONS MARiGED EXHIBITS A THROUGH D TO BE ENTERED INTO THE RECORD. MS. KLUG RAISED AN OBJECTION REGARDING NEEDS OF THE NEIGHBORHOOD, STATING THAT THE NEED MUST BE DEFINED EXPLICITLY. AFTER SOME DISCUSSION, THE APPLICANT'S ATTORNEY STATED THAT HIS CASE WAS COMPLETE. THE LICENSING AUTHORITY WAS IN CONSENSUS THAT NOTICE WOULD BE GIVEN IN WRITING WITHIN 30 DAYS AS RE4UIRED. AS THERE WAS NO FURTHER BUSI~siESS, T FETING wA ADJDURNED AT 9s45 P.M. ~-. /~_ ~ ~ MAYOR ATTEST: ..._..,_.- _ ~i.. ,.,, .~.......~..~.:~~:_;.-:r~r_.~~~~~~ TowN CL~ f town o(rail box 100 vait, coloraclo $1657 (3031 476-5513 office of the town manager September 18, 1974 NOTICE OF SPBCL?1L r~r~r;rlNG TO VAXL TOWN COUNCIL r~ L.J Please be advised that there will be a special meeting of the Tam Council of the Town of Vail to consider an annexation petition frcgn citizens of the second potion of the Bighorn area east of Vail on Tuesday, September 24, 1974, at 4:00 P.M. The meeting will be held in the Council Roan of the Vail Municipal Building. This meeting will follow the regularly scheduled work session of the Town Council. Rosalie Jeff~k Town Clerk ~V! NOTICE PUBLIC N~i~ING NOTICE TS ~Y GIVEN THAT TI~tC~ WILL BE A PUBLIC I~~rING OF THE TOWN COUNCIL OF THE 'I`OW13 OF VAIL, COLORADO, ON TUESDAY, ~~r'1'r3°1t51'~1[ 24, 1974, AT 4:00 P.M. TN THE VAIL MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING AN AI~ATION PETITION FRpN! CITIZENS OF THE SECOND PORTION OF THE BIGHORN AREA EAST OF VATL. . ~]E prTRT,IC IS E[~TCOURAGED TO As-rr~.~]D THIS ~l'yNG. ~~f//n/J' ynF - _~~.i~ TOWN r'T F'•RK DATID this 18th day of September, 1974. PURT~TSHID in The Vail. Trail an September 20, 1974. A7INUTES SP~JClAL M~'!'ZNG ~l~vu~Q COL]NCTL OF x'HE TQ+JN OF VAIL 24 SF~PTII~ER 1974 A special meeting of the Town Council of the 'lbwn of Vail was convened on Tuesday, September 24, 1.974, in the Council Roan of the Vail Municipal Building at 4;Op P. M. Mayor John Dobson and the fallowing councilmernbers wexe present: Josef Staufer Kathy I[lug John Donovan Joseph Langmaid Others present included: Terrell J..Minger, Town Manager Gene A. Smith;.Town,Attorney ':. James F, L~.ti0.,1,~.,. Director of C~t~«anity Deveio~nent R,ssalution No. 2Q, Sories of 1974, a resolution of intent to annex a portion'of~tlne.Bigh9rn,--area to .the Tawas through an annexation election, was presented to the. Council for t~p~~ consideration. 'the petition had been ,presented,..tc.~ the Town- Clerk on Friday, September 20, 1974.- The tcywa, 'att~~;A.~y explained. the procedures to be followed for this annexation election. Mr. James F. I~«~G reported that there are 25 -- 30 registered. voters in the area desirirxg to be annExed. Si:x~r~gistered voters have signed the petition which exceeds the requirement of 10~ of the regist~.~.~~: voters., or 3 in this case. Councilman Donovan moved to adopt Resolution No. 20; Councilman Stati~fer seconded the motion; the vote. was unanimous in favor; .and the a«,Gion carried. As there was no further business, the meeting was adjc7urned at 4:10 P .M. .... ~ .: ~~-" :~ ,J'/' ~ ` o .~ ,y-.y Mayor ATTBST: ~/ Town Clerl~~ Jw • MINUTES RF3GUTAR ~'~ L•a:3G 'DOWN COUNCIL OF THE TO'WAT OF VAIL _' 1 OCTOBER 1974 The regular meeting of the Town Cauncil of the TaNm of Vail, Colorado, convened at 7:5a P.M. on Tuesday, October Ist, 1974, in the Council Rrx~n of the Vail Municipal Bui7~~ng. ' Mayor John. Dobson and the Following councilmein$ers wex'e present: Kathy Klug - _ . Joseph Langmaid Tom Steinberg Ordinance No. 16, Series of ].974, second reading, AN ORDINANCE p,UTHORIZING MUNICIPAL BO~tROW~]G; OF MONEY IN AN AMOUNT. NOT Ta .~~~ $loo,aao.ao TO S[~r~~NT THE GENERAL REVENUES FOR THE FISCAL YEA12 1974 AND TO DISCHARGE:.CURRENT MUNICIPAL OBLIGATIONS AUTHORIZING THE MAYOR AND THE TCJWN MANAGER Td- .JOII~l.'I.;Y = EXEICL~'Z'E -ONE OR i~iv~ . SHORT-'1~RM NOTFS `I"0 EVIDENCE SUCH TNDEB'.~'ru~~IESS; .AND PROVIDING FOl~ THE IRtt~;~~ALAi3ILITX~ HF,REOE` UNTIL°°~SPi,~D I~1DF~'T`EDNESS _HAS Bffi3 DISGHARG'ID, was introduced by the town manager,: COUncilman.Steinberg moved to apprave the ordinance; Coiuzcilw~ Klug seconded the ;motion; the vote was unanimpus in favor; and the motion carried. Ordinance No. 16 was approved on second reading and ael0pted. The Town Cl~rlc was then instructed to publish the ordinance as regt~.red. Ordinance No. 17, Series of 1974, AN ORL7INANGE MAICYNG A SUPPI;ENlENTAL APPROPRIATION FROM THE HEAVY EQUIPN~NT FUND OF THE 1974 BUDGET AND FINANCIAL PLAN FOR THE TOWN OF VAIL, COIARADO, AU'rrsuRTZING THE EXPENDITURE OF SAID APPROPRIATION-FOR THE PURCHASE OF A LOADER, AND AUTHORTZ ING MUNICIPAL BORROWING OF $ 5 3 , a 0 a . Q 0 TO SUPPLN~'lEN'I' THE . GENERAL REVk~IU'FS FOR THE FISCAL YEAR 1974 AND 'S'O PZ31~iASE 'SAID LOADER,. AUTHORIZING THE EXF1C[JTION OF A SHORT-'lr~~ I~R(3MISSOR'Y l~try~~ TO EVIIDENCE SAID INDEB'i'ru:~TESS, AND PROVIDING FOR THE Ttu~r~ILITY HEREOF- UNTIL SAID INurtsTEDNESS HAS R~ DISCHARGED, was introduced ozi second reaeling.,, Councilman Langmaid moved to approve the ordinance; Councilman Steinberg. seconded the ,,,,,,,Sion; the vote was tananimaus in favor; and the n~itian carried. Ordinance No. 17 was approved on second r~~~~ng and adopted. The Town Clerk was then instructed to have the ordinance published as required. ~_ ,.. The above is extracted ~rc~n~'~ awn - Coiar~ca.1 M_i.nutes of Octolaer 1, I974.. ~, ~ :. . _ ,h~.._.~,~ ,. - ~-r ,flown Cler MEMO TO: TERRELL J, MTNGER FROM; JIM LAMONT RE; BIGHORN ZONING DATE: OCTOBER 22, Z97~ The Town Council should direct at this evening's meeting that a public notice be published, setting a public hearing 'before the Town Council on November 12, 1974; at 7;30 P,M, in the Council Chambers. The purpose of the public hearing is to consider the following: (].) A proposed amendment to Ordinance No. 8, Series of 2973, providing for the imposition of zoning upon newly annexed territory; (2} A proposed ordinance providing for the imposi-~ tion of zoning districts upon the newly annexed territory of Bighorn. (3) A proposed amendment providing for the creation of a residential cluster zone district; and (4) A proposed amendment providing for creation of a Special Development District 3. JFL/nmm MINUTES REGULAR MEETING TOWN COUNCIL OF ~. OCTOBER 1974 THE TOWN. OF VAIL The regular meeting of the Town Council of the Town of Vail, Colorado, convened at 7:50 P.M. on Tuesday, October 1, 1974, in the Council Room of the Vail Municipal Building. Mayor John .Dobson and the following councilmembers were present: Kathy Klug Joseph Langmaid _ , Tom Steinberg Ordinance No. 16, Series of 1974, AN.~RDINANCE AUTHORIZING MUNICIPAL BORROWING OF .MONEY IN AN AMOUNT 1VOT TO EXCEED $100,000.00 TO SUPPLEMENT THE GENERAL ~tEVENL3ES FOR-THE FISCAL YEAR 1974 AND TO DISCHARGE C~JRRENT MUNICIPAL OBT.fIGA'I'IONS; AUTHORIZING THE MAYOR AND-THE TOWN MANAGER TO JOINTLY EXECUTE ONE OR MORE SHORT-TERM NOTES TO EVIDENCE SUCH INDEBTEDNESS; AND PROVIDING FOR THE IRREPEALABILITY HEREOF UNTIL SAID IN- DEBTEDNESS HAS BEEN DISCHARGED, was introduced on second reading by the town manager. Councilman Steinberg moved to approve the ordinance; Councilwoman.Klug seconded the motion; the vote was unanimous in favor; and the motion carried. Ordinance No. 16 was approved on second reading and adopted. The Town Clerk was then instructed to publish the ordinance as required. Ordinance No. 17, Series of 1974, AN ORDINANCE. MAKING A SUP- PLEMENTAL APPROPRIATION FROM THE HEAVY EQUIPMENT FUND OF THE 1974 BUDGET AND FINANCIAL PLAN FOR THE TQWN OF VAIL, COLORADO; AUTHORIZING THE EXPENDITURE OF SAID APPROPRIATION FOR THE PUR- CHASE OF A LOADER, AND AUTHORIZING MUNICIPAL BORROWING OF $53,000.00 TO SUPPLEMENT THE GENERAL REVENUES FOR THE FISCAL YEAR 1974 AND TO PURCHASE SAID LOADER, AUTHORIZING THE EXECUTION OF A SHORT-TERM PROMISSORY NOTE TO EVIDENCE SAID INDEBTEDNESS, AND PROVIDING FOR THE IRREPEALABILITY HEREOF UNTIL SAID IN-- DEBTEDNESS HAS BEEN DISCHARGED, was introduceel. on second reading. Councilman Langmaid moved to approve the ordinance; Councilman .Steinberg seconded the motion;-the vote was unanimous in favor; and the motion carried. Ordinance No. ],7 was approved on second reading and adopted. The Town Clerk was then instructed to have the ordinance published as required. Ordinance No. 19, Series of 1974, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE OPEN SPACEfCAPITAL IMPRpVEMENTS FUND AND THE RECREATIONAL AMENITIES FUND OF THE 1.974 BUDGET AND FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO, AND AUTHORIZING THE EXPENDI- TURE OF SAID APPROPRIATIONS FOR THE PURCHASE OF TRACT A, A PORTION OF LOT A, BLOCK 2, VAIL VILLAGE SEVENTH FILII~IG, AN ' UNDEVELOPED TRACT OF LAND SITUATED IN THE TOWN;. AUTHORIZING SHORT-TERM INDEBTEDNESS OF $225,000.00; AUTHORIZING THE MAYOR AND THE TOWN MANAGER TO JOINTLY EXECUTE A SHORT-TERM PROMISSORY NOTE FOR PART OF THE PURCHASE PRICE AND OTHER INSTRUMENTS RELATING TO SAID PURCHASE; AND PROVIDING FOR THE IRREPEALABILITY HEREOF UNTIL SAID INDEBTEDNESS HAS BEEN DISCHARGED, was intro- duced on second reading. The town attorney explained a technical change with regard to Vail Associates` recreation fee. The _.. .gib,:.. :. MINUTES TOWN COUNCIL REGULAR MEETING OCTOBER ~. , 19 7 ~ PAGE 2 ,.~ ~, amended phrase reads "a portion of $75,000.0(3". Councilman Steinberg moved to approve the ordinance; Counclwon~.ari Klug seconded the motion; the vote was unanimous in favor' azid the motion carried. The Town Clerk was then instructed to have the ordinance published as required. ~~ • • Resolution No. 21, Series of 1974, a: resolution commending Councilman Albert G. White during his term of office, was, introduced by Mayor Dobson. Councilwoman Klug moved to 'approve the resolution: Councilman Steinberg seconded .the motion; the vote was unanimous in favor, and the motion carried. With .regard to the appointment. of an act.ng.:mayor pro-tern, Councilwoman Klug nominated Tom Steinberg. Councilman Langmaid seconded the motion.; the vote was unanimous ,in favor and the appointment was approved. With regard to procedures required by the- zoning ordinance Concerning the zoning of newly annexed areas`,°Councilman Steinberg moved that the zoning of any annexed areas be referred., to the .Planning Cu~~u~iission for the-ir review.. Councilwoman Klug seconded the motion; the- vote Was unanimous in favor and, the motion carried. The purpose of thus motion was to clarify the zoning ordinance concerning newly annexed aY~ea~ to the, Tawn of Vail. • A second motion referred to the impos.tion,of zoning for the. Bighorn area in particular. Councilman Langmad moved tYi.at.zoning for the Bighorn area lae re~erred.ta the Planning.Commission for their review. Councilman Steinberg seconc7.ed the motion; the vote was unanimous in favor and the motion carried.. With regard to the regular meeting of t:he Town Council scheduled for Tuesday, October l5, 1974, a motion was entertained kiy.the Mayor to defer said .meeting to Tuesday', October 22, 1974, due to the expected lack of.a quorum of council members on the regular meeting date.. Councilman Steinberg: moved to defer the regular meeting to the 22nd; Councilwoman Klug seconded the motion; the vote was unanimous in favor and the motion:rcarred... The Town C~.erk was then instructed. to have a. notice published Concerning the change of date., Mayor Dobson announced that=the first°public hearing on the Budget of the Town of Vail ~'or 1975 would be held on Tuesday, October 22, 1974. -. , With regard to a request from the owners of the Blue Cow Restaurant for a change of use, the~-direCtor of Community development, Jim Lamont, explained that~the Blue Cow is zoned, HDMF' and is presently non--conforming. The request concerns the use of the bottom .floor of that .building which is presently used for storage.- The owners want to convert that area to restaurant space. The Town of Vail zoning ordinance does not address itself to that specific question. Mr. Lamont reported that the Planning Comam~:ssion voted 3:3 an the request,. stating: that the granting of such a change of use.cou~d set a poor precedent regarding the parking variance-requirement. Mr. Lamont stated that the staff rec~,~~~.~sends• approval of th.e Blue Cow request. After some discussion, Councilwoman Klug moved to approve the change of use for .the Blue-Cow; Councilman Langmaid seconded the. motion; the vote was unanimous in favor and the motion carried. r MINUTES OCTOBER 1, 1974 REGULAR MEETING PAGE 3 TOWN CQUNCTL a p concerning a With regard to an appeal from the Alaskan Sh mural on the door, Jay K. Peterson was"present to represent the owner of the shop:Y;. Chuck McLaughlin. Lou Parker of the Design Review Board c~~~u«ented that the mural was done without being presented to the Board; the Design Review Board has subsequently voted 3:2 against the use of the mural. The Board`s reasoning is that the mural is part of the logo and is. therefore a sign. As a sign, it does not meet the require- ments of the sign ordinance. Mr. Parker also mentioned that the sign was illegally constructed after a 'stop work' order had been issued. The Mayor stated that the two issues shoulld be dealt with separately, i.e. legal and design issues. The town attorney was instructed to advise the Council con- cerning the definitions of 'mural' and 'sign', The Council wi11 make a decision upon receipt of a legal opinion. Council- man Steinberg requested that the .staff take a survey of .ship- owners in the area to determine their feelings on 'the matter. It was the consensus of the Council that the staff prepare a report on their findings. The appeal was deferred to a later date. • With regard to a request for a conditional use permit to allow construction of a ski storage area on the east side of the Golden Peak Restaurant building, Bab Gagne of Vail Associates was present to explain details of the proposal. 'Two hundred seventy"square feet would be enclosed. Mr: Lamont reported that the Planning Commission had voted 5:Q.in favor of the extension. Councilman Langmaid moved to approve the request; Councilman Steinberg seconded the motion; the vote was unani- mous in favor, and the motion carried. With regard to a request from Vail Trails Chalet for controlled parking on the public right-ofwway, Mr. John Curry, member of the board of directors of the condominium association was present to dis~rsuss the. ,matter with the counc~.7,. The town manager and town engineer had., studa~ed '.the .site 'and concluded that a survey should be taken by the town before a decision could be made. The town engineer, was instr=acted to survey the site and prepare a report for the co.unci]:.. Mr. Bud Benedict, representing the Lionshead business c~~~u«unity, presented a Letter to the Town Council requesting consideration of various points that the Lionshead citizens feel important to the development of their community. Tt~ms included: tennis courts, playground," directory s'ignage, street lighting plan, landscaping, and bus system. A discussion followed concerning, details of the requests, and the town manager stated that he would reply in detail and define areas of responsibility. He commented that he would also like to meet with the Lionshead businessmen regarding the matter. REPORTS FROM THE TOWN MANAGER The town manager reported that an extension of. the bus service to Bighorn and other outlying areas .had been studied and. the town would ~e willing to offer hourly service on a trial basis. Cost to the rider would k~e 3S~ to 50~, with the town under-. writing approximately half of the entire cost. With regard to the chaise o~ a school site, Mr. Minger stated that a workable site on the Potato Patch is available for x.~. 9 grades. Further study wi11 be made upon passage .of the upcoming school bond issue. MINUTES REGULAR MEETING TOWN COUNCIL OCTOBER L, 1974 PAGE ~. Citizen enquiries were made on the following issues: traffic control at Sandstone anal Frontage Roads; upgrading of the qua~..ity of .Sandstone Road; and lighting at Sandstone Raad intersection. Lou parker, of the Design Review Board, requested a provision £'or a variance procedure in the sign ordinance since present procedure is not workable. As theee was no further business, the meeting was adjourned. at 9:45 p.M. LIQUOR LICENSING AUTHORITY With regard to a decision on the Sweeny Todd's application for a three-way license, Mr. Dobson asked for a vote. Ms. KLug, Mr. Langmaid, Dr. Steinberg, and Mr. Dobson voted in favor and the License was granted. As there was at ].0:05 P.M. ATTEST: ~~ Town Cler no further business, the eeting wa dj~rned ~~ :~ /~ i ;..:.... Mayr~r PUBLIC NOTICE ;~ .REGULAR MEETING OF TOWN COUNCIL OF 10-15-1974 DEFERRED TO 10-22-1974 PLEASE TAKE NOTICE that the regular meeting of the Town Council of the Town of Vail, Colorado, scheduled an the 15th day-of October, 1974, at 7:30 p. m. , has been deferred to the 22nd day of October, 1974, at 7:30 p. m. , in the Municipal Building of the Town. DATED: Vail, Colorado, October 1, 1974. • ,. ~. =. -, ~~~.:~ 4. ~~ ! Town G t PUBLIC NOTICE ~: PUBLIC HEARING REGARDING ZONING FOR ANNEXED BIGHORN AREA PLEASE TAKE NOTICE that in accordance with Section 21 .500 of the Zoning Ordinance, Ordinance Na. 8, Series of 1973, of the Town of Vail, Colorado, the Planning Commission shat! conduct a public hearing regarding the zoning to be imposed on the portion of the Bighorn area annexed to the Town effective on September 1 '! , 1974, said hearing to be held on October 27 , 1974, at 7:30 p. m. , in the Municipal Building of the Town. PLEASE ALSO TAKE NOTICE that the Planning Commission and the Town Council will consider requests from property owners seeking a change in zoning district from that designated on the interim Zoning Map of the Annexed Bighorn Area, provided that said requests are submitted in writing to the Planning Commission prior to the aforesaid hearing. DEPARTh/IENT OF COMMUNITY DEVELOPMENT Ditiana S . Toughili, Z ing Administrator .~..ti. Dated'; ~Gtiaber 1 , 1974. Published in the Vaii Trail on Friday, October 4, 1974. 1 PUBLIC NOTICE PUBLIC HEARING REGARDING PROPOSED AMENDMENT ' TO ZONING ORCDINANCE PLEASE "1"'AKE NOTICE that. in accordance with Sectioh 21 , 500 ,of the Zoning Ordinance, Ordinance No. 8, Series-of 1973, of the Town of Vail, Colorado, the Planning Commission Thal[ conduct a public hearing regarding a proposed amendment to the Zoning Ordinance to make it applicable to areas annexed to the Tdwn subsequent to the enactment. of the Zoning Ordinance, said hearing to be held on October 21 , 1974, at 7:30 p. m. , in the Municipal Building of the Town. DEPARTMENT OF COMMUNITY DEVELOPMENT ~ -. i T/ ,` ~ _ ~IJ~ ,: - ~~ Diana S , _ _ouyl ~ ~ L f , Z g Ad ministrator ,.Dated O,c~.o~~r 1 , 1974. P~ab~li~P~e~l-~in the Vail Trail on Friday, October 4, 1974. MINUTES REGULAR MEETING TOWN COUNCIL OF 22 OCTOBER 1974 THE TOWN OF VAIL A regular meeting of the Town Council of the Town of Vail, Colorado, convened at 7:45 P.M. on Tuesday, October 22, 1974, in the Council Room of the Vail Municipal Building. Mayor John Dobson and-the following councilmemb~rs were present: Kathy K1ug - John Donovan Josef Staufer Joseph Langmaid With regard to the resubdivision of Lot 1, Black 1, Vail Lionshead Second Filing, Jim Corcoran of Vail Associates . was present to explain the request. Merv Lapin, chairman of the Planning Commission, commented that there had been a public meeting with na objection by adjacent property owners, and the Planning Commission had recommended approval. of the resubdivision. The property in question is known as Site 24, and. will be purchased by the Town of Vail for $120,000.00 for use as a Library or temporary day care center. Councilman Donovan moved to approve the resubdivision; Councilman Staufer seconded the motion; the vote was unanimous in favor,-and the motion carried. Mr. Lapin then submitted the reports of the Planning Commission to the Tawn Council with regard to-Bighorn zoning. Mr. Minger' then asked for a motion from the Council to call. a public meeting to hear the following proposals: (l) A proposed amendment to Ordinance No. 8, Series of 1973, providing for the imposition of zoning upon newly annexed territory; (2) A proposed ordinance providing for the imposition of - zoning districts upon the newly annexed-territory of Bighorn; (3) A proposed amendment providing .f or the creation of a residential cluster zone district; and (4) A proposed amendment providing for creation of a Special Development District 3. A copy of the memorandum outlining details of the public hearing requirements is attached hereto. Councilman Donavan then moved to call a public hearing for November 12, 1974 at 7:30 P.M. in the Vail Municipal Bui.~ding to review said-.proposals,. Council- man Staufer seconded the motion; the.vote was unanimous in favor and the motion carried. The Zoning Administrator was then in- structed to publish a native to that effect in the Vail Trail newspaper. MINUTES OCT.O~ER 22, 1974 REGULAR MEETING PAGE 2 TOWN COUNCIL With regard to a letter from the Lionshead Business Community presented to the Council on October 1, 1974, by a representative of that community, Bud Benedict, Mr. Minger read his response to the items discussed in the letter. Sand letter is attached hereto. Mr. Warren Klug, of the Lionshead community, thanked the town manager for his detailed and timely response. Mr. Minger suggested that he, the Mayor and representatives of Lionshead businesses meet jointly to discuss items of concern. Mayor Dobson then opened the first public hearing on the 1975 Budget and Financial Plan for the Towri of Vail. He announced that the first reading of the budget ordinance would be held at the regular meeting of November 5, 1974. Summaries of the budget were made available to all interested citizens at the meeting for their study prior to the November 5 meeting. With regard to the appointment of two members of the Design Review Board for one year terms of office, Councilman Donovan suggested that the two present board members be retained due to the technical information one must learn when serving an the Board. Applicants included Lou Parker and Bill Ruoff (.present mem-~ bets), Bill Wilto, Berry Toole, Rob Buterbaugh, Barry Stott and Bill Grassie. (Applicants.` letters are attached he~'eto and incorporated.in the Minutes. Councilman Langmaid moved .to appoint Messrs. Ruoff and Parker for a second one-year term to the Design, Review Board; Councilman Donovan seconded the motion; the vote was unanimous in favor, and .the motion carried for re-appointment. The Mayor then commented that the Council had discussed the appointment of an alternate member to the Board due to the increased size of the Town. This member would attend meetings and fill in when necessary. Councilwoman Klug moved to .nominate Bi11 Wi1to of Bighorn as an :alternate member. of the Design Review Board; Councilman Donovan seconded-.the motion; the vote was unani- moos in favor and the-motion carried. Three members of the School Board Citizens' Committee were present for a slide presentation with regard to the November 5 school bond election of $9.9 million fox cnu~.ty school improvements and construction. Warren Klug, Carl Oppenheim and Pam Garton explained in detail the needs"of the entire county. school system.. They requested suppoact from the Tawn of Vail Council concerning, the election. The Council members gave their unanimous approval: to endorse the school bond election. The town manager then introduced ~'ohn Hanson, Youth Activities Coordinator, who outlined the activities he has planned for the coming year. Programs will be directed primarily to the adolescents in the c~~~LL«unity. A copy of his proposals is attached hereto. With regard to a request of funds by Colorado Mountain College, Randy Milhoan asked the Council to consider an appropriation of approximately $2,000,00 needed by the college. The`, mayor stated that the Eouncil would take the request under .advisement. MINUTES OCTOBER 22,-1974 REGULAR MEETING PAGE 3 TOWN COUNCIL • • The town manager reported that he and the finance director attended a meeting with the county commissioners on October 17, at which meeting the commissioners agreed to pay $4,5a0.Q~ of the Road and Bridge Fund for maintenance in the Bighorn area recently annexed to the Town of Vail and previously budgeted by the County for snow~?lowing this winter. In return, the Town of Vail has agreed to plow snow in the easternmost portion of the Bighorn area-which is not annexed to the Town. As there was no further business, the meeting was adjourned at 9:15 P.M. LOCAL LIQUOR LICENSING AUTHORITY With regard to the consideration of a request from Village Market to renew its 3.2~ retail, beverage license for 19'15, Mr. Langmaid moved to approve the request. Mr. Donovan seconded the motion; the vote was unanimous in favor, .and the motion carried for the renewal. With regard to the consideration of a request from M - K Corporation for a three--way license. for The Mark Tennis and Resort Club at Lionshead, Kaiser Morcus, owner, and Stuart Brown, attorney for the applicant, were present concerning the request. The town attorney presented.the investgatory.report by duel Meriwether with regard to a survey of businessmen and other citizens in tiie Lionshead area. Findings o£ the report indicated no opposition to `the granti~rig of the liquo~r.lcense to The Mark Tennis acid Resort Club. The town attorney then requested that the applicant waive the five~day requirement for the investigation'report.and Mr~. Browri.agreed. to the waiver. The town manager then swore in the applicant, `Kaiser Morcus, for his testimony before the authority. Mr. Morcus testified that he is the sole stockYio,lder in the 'corporation. Mr. Brown presented the Report on Market Demand Study a~.d Statement of Estimated Annual Income and Expenses for a Proposed ,Lodge Located at Vail/Lionshead, Colorado for the-record,- He concludes that this report indicates positive growth statistics for the Lionshead area. Mr. Brown then asked that petitions taken. on behalf of the applicant be entered into the record as Exhibit A. Mr. Donovan questioned the applicant with regard to-the neighbor-~ hood he intended to serve and asked if he would agree to Lionshead as the neighborhood for The Mark for licensing purposes. The town attorney commented that the applicant should be gkven five days notice with regard to the determination of the neighborhood. Mr. Morcus responded to the town attorney's questions with regard to the needs of the neighborhood::. Mr. Brown then made a summary statement requesting approval of the applicant's: request. The town attorney then stated that in his opinion a prima facie case had been made in favor of granting the License,: especially in view of the lack of objections of any kind. Mr. Langmaid moved. to approve the license; Mr. Dobson seconded the motion; Mr. Staufer, Mr. Donovan and Ms. Klug abstained from the vote; Mr. Langmaid and Mr. Dobson-voted in favor; and the motion carried. With regard to the consideration of a request from Enzian, Restaurant Corporation for a three-way license for the Enzian Restaurant and Tavern., Douglas McLaughlin, attorney for the' applicant, was present concerning the request. The .own attorney presented the investigatory report by Joel Meriwether with regard to a survey of businessmen and other citizens in the Lionshead area. Findings of the report indicated no opposition to the granting of the liquor license for the Enzian Restaurant and Tavern. MINUTES OCTOBER 22, 197 REGULAR MEETING PAGE 4 TOWN COUNCIL • • The town attorney then requested that the applicant waive the five day requirement for the investigation report and Mr. McLaughlin agreed to the waiver. The town manager then swore in the applicant, Mr. James J. Hansen, far his testimony before the authority. McLaughlin stated that his client is indifferent to the determination of 'neighborhood'. He suggested, however, that the history of the licensing authority would indicate that the neighborhood remain the same. Mr. McLaughlin recommended a zoning procedure for the issuance of liquor licenses: Mr. Dobson stated that the authority would take this advice under consideration. Mr. McLaughlin asked that the petitions he pre - sented to the Council. be entered into the record as Exhibits A through D. He also asked that the investigatory report by the police officer.be entered as Exhibit E. Mr. McLaughlin then requested that the authority take administrative notice of aZ1 studies and reports made by the Town regarding assessed valuations and bed counts within the town limits. The applicant was then questioned by his attorney concerning details of the operation and his opinion regarding needs of the neighborhood. The fallowing citizens were present and in favor of the granting of the Enzian license: Mr. Dave Cole, Glen Christy, Byron Brown, Levis Pennock and Lothar Klaschik. The appliCan~'s attorney then stated that he had no further testimony. Mr. Langmaid thin moved to approve the En2ian license; Mr. Dobson seconded.the motion; Mr. Langmaid and Mr. Dobson voted in favor; Mr.. Staufer, Mr. Donovan and M.s. Klug abstained; the motion carried and the license was approved by the local authority. With regard to a request from Grarx~ Prix, Inc. to increase the size of the licensed area in the Tivoli Lodge, Mr. McLaughlin stated that since the license had not yet reached state level, the initial approval could be extended to include this larger area. The original license .was approved on December 18, 1973. After some discussion of the delay and xiegative response by members of the board, the town attorney recommenced that the authority defer any decision and take the matter under advisement. With regard to a change of stockholders far The Corporate Vail, Inc., Mr. Langmaid moved, to approve the addendum to the original application for the Left Bank; Mr. Dobson seconded the motion; Ms. K1t~g, Mr. Langmaid and Mr. Dobson voted in favor; Mr. Staufer and Mr. Donovan abstained; and the motion carried. Mr. Donavan then remarked that he liquor licensing authority due to regard to conflict of interests. will be made of new Board members authority.' intends to resign from. the the State's attitude with In the near future, consideration for 'the. liquor licensing As there was no further busi:ness,:,the meeting was djourn~d~'-at 10.30 P.M. ''- ~. ~ ~fi ~ ~~~~ A'T'TEST: ~~ Town Clerk ;,.-_ LO Mayor. _ ~ . ~,.. . ~. U~ MINUTES SPECIAL MEETING TOWN COUNCIL OE THE TOWN OF VAIL OCTOBER 29, 1974 A special meeting of the Town Council of the Town of Vail, Colorado, was called far the purpa,se of considering.the an~iexatjon of the easternmost portion of the Bighorn a:rea.. The meeting convened; at 1:30 P.M, in the Council Room of the Vail Municipal Building. Mayor John Dobson and the fallowing councilmembers were present.: Josef Staufer John Donovan 1<athy K1 ug Aiso present were: Terrell J. Minger, Town Manager Gene A. Smith, Town Attorney James F, Lamont, Director of Community Development Anthony Rossi, property owner in Bighorn Stuart A. Canada property owner in Bigharn • ~- The Mayor then called the hearing concerning the annexation and the adoption of Resolution No. 22, Series of 1.974, calling an annexation election, to order. The.town attorney then stated that the hearing was in compliance with the Colorado State Statutes. He referred to Resolution No. 20 which, in fact., required that this hearing take place, and noted that the necessary public notice had been given as required. A petition for the annexation election was filed with the Town Clerk on September 20, 1974, by property owners in the-area proposed for annexation. Resolution No, 20 was adopted by the Tawn Council on September 24, 1974. The town attorney then called Mr. Anthony B. .Rossi to give testimony regarding his interest in the annexation. Mr. Rossi testified that tie is in favor of the annexation and that in his opinion it would be very beneficial to the citizens of that area. Mr. James t=. Lamont answered questions regarding ownership and value of land in the portion of property under consideration in this annexation. Mr. Lamont was asked to give his professional opinion concerning the relationship of the second portion of property and .the Town of Vail. Ne stated that the area consists of 73.983 acres with 60 _ 80. units located thereon, and that it is urban in character and consistent with the urban character of the Town of Vail. Mr. Stuart Canada, owner of Lot 7, lst Filing, Bighorn 5th Subdivision, was then asked to give testimony. He stated that he is generally familiar with property values and statistical information in the Town of Uail and would designate the area in.question to be urban. Mr, Canada commented that he is in favor of annexation and would like to see the consolidation of. services by the Town of Vail .for the entire,Gore Valley. _ ~. - , MINUTES SPECIAL MEETING TOWN OF VAIL OCTOBER 29, 1974 Page 2 Councilwoman Klug then moved to approve Resolution No. 22, Series of 1974, calling for the annexation election for the second portion of the. Bighorn area to the Town of Vail; Councilman Donovan seconded the motion. Councilmembers Staufer, Donavan, Klug and Dobson voted in favor; and the resolution was approved. As there was no further business, ATTEST: the meeting journed at P.M. ,, ,..... p Glit._- ~~ ., ., r ~ - Mayor ;; ;Ir-=- ~.x ~ n.~w fir.-q.i~: r ~~s~A, t' ~c iu'4~ fi iiG~..Sk. ~.r. "t~' ~,s4„~ t~ X1.:.:4, Town Clerk • ~tarm of rail bOX 100 • Valk, Colorado 81657 • 303.476-5673 MEMO T0: TERRELL J. MINDER FROM: STAN BERNSTEIN RE: NEED FOR SUPPBEMENTAL APPROPRIATION AMMENDTNG OPEN SPACE / CAPITAL IMPROVEMENT FUND; RECREATION AMENITIES FEE FUND; VAIL TRANSPORTATION CENTER CONSTRUCTION FUND DATE: OCTOBER 31, 1974 • 1. Open Space/Capital. Tinpro~vements Fund An additional appropriation will be necessary in the amount of $120,000 to acquire site 24 from Vaal Associates. Revenues are available. 2. Recreation Ameniti'e~s Fee'Fund An appropriation of $15,000 to construct a bridge linking Vail Village to the Antholtz property - Revenues are available. 3. Vail Transportation Center Construction Fund An additional appropriation appropriating the $120,000 premium from the sale of the Transportation Centex bonds. The premium will be used to pay a portion of the interest on the bonds due December 1, 1974. • c-:.c. Gene Smith, Town Attorney Bill. Pyka, Controller SFB/cs .. .~ -- •lowo al rail ~]O X 1 0 0 + V11 ~ C0 ~ 01'8f~0 8 1 6 5 7 • 3 0 3 4 7 6. 5 6 1 3 MEMO • T0: TERRELL J. MINCER FROM: STAN BERNSTEIN RE: NEED FOR FINAL SUPPLEMENTAL APPROPRIATION ORDINANCE AMMENDING THE 1974 TOWN OF VAIL GENERAL FUND BUDGET. DATE: OCTOBER 31, 1974 The fallowing expenditures have been or wall be made during 1.974. These items haver~een formally appropriated but many of these expenditures have been approved by the Council. $2,000 Additional expenditure for Nature Center-$2,000 in non-budgeted Nature Center revenues offset this expenditure 2,500 Printing of Zoning Ordinance/Sign Ordinance 1,000 1973 Travel and Expenditure Audit Fees 2,000 Legal Fees- Ma11 Plan Research 3,000 Misc. Administrative averages - Xerox; Telephone; Computer Services 560 Settlement of claim RE: to People Powered Vehicles 2,000 Additional Plan Check/Electrical Inspection fees - $2,000 in non-budgeted inspection fee revenues offset this expenditure. 9,500 Street Cut Repairs - offset by $35,000 an Street Cut Permit Revenues 20,000 Additional Heavy Equipment Rentals - due to heavy snow removal last winter; additional street cut repairs; annexation of Bighorn ~ additional expenditures on General Fund are revenues to Heavy Equipment Fund to hire an additional mechanic and to'purchase additional equipment. 3,000 Acquisition of addit~Qn~.1 library hooks - affset by $3,000 State Grant 2,000 Construction of additional counter space for library r .. "-_ Page 2 2,000 Survey of Gore Area RE: to public vs private • 5,000 Installation of Traffic Control Gate to control traffic on new street adjacent to Glinic 20,000 Contingency - probably will not be needed: $74,560 Total amount of Supplemental Appropriation Ordinance General Fund Revenues are available to cover these expenditures and still enable the Genera]. Fund to retain a healthy fund balance at December 31, 1974. c.c. Gene Smith; Town Attorney • Bi11 pyka; Controller SFB/cs MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL NOVEMBER 5, 1974 A regular meeting of the Town Council of the Town of Vail, Colorado, convened at 7:45 P.M. on Tuesday, November 5, 1974, in the Council Room of the Vail Municipal Building. Mayor John Dobson and the following councilmembers were present: Josef Staufer Joseph Langmaid John Donovan Tom Steinberg Ordinance No. 22, Series of 1974, MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE 1974 BUDGET, was introduced on first reading. The finance director explained the need for the appropriations, which will cover items authorized during the year by the Town Council, as follows: 1. Capital Projects Fund - $120,000.00 2. Open Space/Capital Improvements Fund - $120,000.00 3. General Fund - $74,560.00 4. Recreational Amenities Fund - $15,000.00 Councilman Steinberg moved to approve the ordinance; Councilman Donovan seconded the motion; the vote was unanimous in favor.; and the motion carried. The Town Clerk was then instructed to have the ordinance published as approved. Ordinance No. 20, Series of 1974, AN EMERGENCY ORDINANCE AMENDING THE ORDINANCE ANNEXING A PORTION OF THE BIGHORN AREA TO THE TOWN BY THE INCORPORATION THEREIN OF THE CORRECT LEGAL DESCRIPTION OF THE ANNEXED AREA, was introduced by the town attorney. Mr. Smith explained that there had been a ministerial error in the range number on the legal description, and the correction has been made and approved by the District Court. An ordinance is required in his opinion far purposes of clarification only. Councilman Donovan moved to approve the ordinance as an emergency measure due to the pending annexation of the second portion of the Bighorn area. Councilman Steinberg seconded the motion; the vote was unanimous in favor; and the motion cirri°ed. The Town Clerk was then instructed to have the ordinance published as approved. Ordinance No. 2i, Series of 1974, AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF $2,640,000.00 FOR THE PURPOSE OF REFUNDING $3,000,000.00 GENERAL OBLIGATION BONDS, SERIES OF 1973, DATED NOVEMBER 1, 1973, was introduced on first reading. This transaction will represent a savings of $221,000.00 to the Town. Jack Green, of Boettcher & Co., was present to explain details of the process. Copies of the ordinance were made available to the public, and discussion followed. A change was made in the ordinance with reference to the date of the second reading. There will be a special meeting of the Town Council on Friday, November 15, 1974, air 8:00 A.M. for this purpose. Councilman Staufer moved to approve the ordinance on first reading; Councilman Donavan seconded the motion; the vote was unanimous in favor and the motion carried. The Town Clerk was then instructed to have the ordinance published as amended on first reading. MINUTES REGULAR MEETING TOWN COUNCIL NOVEMBER 5, 1974 PAGE 2 The town attorney th en presented a contract to the Council from Boettcher & Co. dated October 31, 1974, regarding the advance refunding ordinance. Mr. Green explained that the contract would only be binding if the ordinance were passed on second reading. Councilman Donovan moved to approve the document; Councilman Steinberg seconded the motion; the vote was unanimous and the motion carried. The town manager then opened the second hearing on the 1975 budget for the Town of Vail and reviewed accomplishments for 1974. He then outlined goals for 1975, and thanked the Town Council and staff for work done during the year. The finance director then reviewed t°he $2,970,000.00 budget document in detail. Citizens commented on the budget and acceptance of it as a valid document. Charlyn Costello, head librarian, announced that the Vail Library has received a federal grant for $3,000.00 for the purchase of books for an alpine collection. She then presented a sample warrant from the State of Colorado which had been made by the librarians. The town manager then presented a management innovation award from ICMA to the Town of Vail for the continuing cooperative effort between Vail, Minturn and Redcliff. He acknowledged Bob Manzanares, town manager for both towns, as the individual who makes the program effective. The program will continue into 1975 on the request of Minturn and Redcliff. The Mayor asked that Mr. Manzanares retain the award in his office for the town. With regard to a parking variance request from the Blue Cow Restaurant, Merv Lapin of the Planning Commission reported that there had been a 4:2 vote against granting the variance. Jay K. Peterson, attorney representing the Blue Cow, explained that while applying for the variance the owners are also negotiating with Vail Associates to purchase sufficient spaces on land adjacent to the Blue Cow that is owned by Vail Associates to alleviate the need for a variance. Mr. Peterson went on to outline the criteria from Section 19.100 of the honing Ordinance that the Council should follow in order to make their decision. After some discussion, Councilman Donovan opposed granting the variance until the purchase of parking spaces is settled. Mr. Peterson said that time is integral in the decision, since the Blue Cow wants to use the space this season. . Mr. Peterson commented that the entire building was licensed to sell liquor and could have been used as a restaurant before the zoning ordinance came into effect. Staff recommendation was that a decision should not be made with regard to the variance request until the parking in the structure is resolved. Mr. Lamont advised the Council of their right to take 20 days for the decision. The Council was then polled; Councilmen Donovan and Steinberg were opposed to the variance on the grounds that it would be a privilege. Councilman Staufer abstained for business reasons. Mayor Dobson recommended that the matter be tabled, and the attorney for the Blue Cow agreed that it be tabled for 2 weeks so that a fifth member of the Council would be present for the decision. Councilman Donavan then moved to table the Planning Commission's recommendation not to grant the variance; Councilman Langmaid seconded the motion; Councilman Staufer abstained from the vote; Councilmembers Steinberg, Donovan and Langmaid voted in favor; and the motion carried. It was decided that fur- ther study would include the relationship between the liquor permit and additional space for non-conforming use and whether the liquor license has any effect on the zoning. MINUTES NOVEMBER 5, 1974 REGULAR MEETING PAGE 3 TOWN COUNCIL With regard to a request from Poor Richards/Short Swing for a Conditional Use Permit to convert dormitory space to office space, Mr. Claude Martin and Mr. Fitzhugh Scott were present to explain the request. Mr. Martin commented that the request is made as an interim measure until negotiations can be made with the Town of Vail concerning permanent renovations of the building. Fitzhugh Scott stated that using the space as a dormitory is not economically feasible at this time. Mr. Martin stated that if the area were office space, funds would be available to landscape and upgrade the exterior of the building. The Planning Commission's attitude is that economic pressure will be used from other shop owners since the zoning specifies Public Accommodation and office space has more real estate value. Mr. Lamont commented that the impact of office space on that area of the community must be determined along with adverse effects on the neighborhood in eliminating Public Accommodation units from the area. He also saw a need to determine whether the Transportation Center will create different kinds of uses which would affect the whole area and the site of Poor Richards in particular. Mr. Martin commented that he has been unable to make dormitory-style accommodation a feasible business venture. Councilman Staufer remarked that economics should not be considered but rather whether the operation would be detrimental to the Town. Councilman Donovan commented that he sees no solution to the eyesore other than a long-range plan to improve the entire project. Mayor Dobson said he would want to see the planned use for the property if a short-term conditional use were granted as an interim measure. Additionally, if the conditional use permit is granted, a parking variance would be required. Mr. Martin stated that Vail Associates would be' willing to let him use VA spaces in the parking struc- ture, but he was unable to state how many would be available to him. With regard to the parking variance request, Mayor Dobson noted that the following would have to be considered in this decision: (1) the term of lease with Vail Associates; (2) number of parking spaces from-Vail Associates; (3} and the philosophy of Public Accommodation zoning versus the use of the area for office space; and (4) how the new parking facilities will affect the community with regard to the present zoning. The consensus of the councilmembers was to take the matter under advisement and table the decision until the November 19 meeting. Councilman Langmaid moved to continue the decision of the Planning Commission's recommendation and refer back to the Planning Commission in studying the matter; Councilman Donovan seconded the Motion; the vote was unanimous in favor of tabling the decision. Councilman Staufer commented on the vacancy on the Town Council due to the prolonged absence of Councilman White. He stated that in his opinion the vacancy should be advertised to give people an opportunity to apply for the position. The town attorney commented that an appointment could be made for the present term up to the next election in November 1975. Council- man Steinberg noted that there should be a letter from Councilman White's physician stating his disability. The town attorney was then instructed to handle the matter and publish notice of the vacancy. As there was no further business, the meeting was adjourned at 11.45 P.M. LOCAL LIQUOR LICENSING AUTHORITY With regard to a request from "The General Store" --- for a 3.2% beverage license to operate a retail outlet in the Landmark building in Lionshead, Mr. Levis Pennock, partner in the business, and Stuart Brown, Esq:, attorney for the applicant, were present concerning the application. The Town Clerk reported that the application was in order pending FBI reports on the applicants' fingerprint analysis. Mr. Brown asked that the economic survey which had been used for The Mark Resort and Tennis Club previously be entered into the record as Exhibit A. This survey was taken specifically for the Lionshead market to prove the needs of the neighborhood. • town of rail box '# 00 nail, Colorado 81657 (303) 476-5613 Rosalie Jeffrey Town Clerk Town of Vail, Colorado P . O . Box 1.00 Vail, Colorado 81657 office of the town manager October 22, 1974 Re: Special meeting of Town Council on November 12, 19'74, at 7:30 p.m., regarding three proposed amendments to the Zoning Ordinance and the zoning to be imposed on the annexed Bighorn area Dear Ms. Jeffrey: Pursuant to Section 4.2 of the Charter of the Town of Vail, Colorado, you are requested to call a special meeting of the Town Council on November 12, 1974, at 7:30 p.m., to consider the three proposed amendments to the Zoning Ordinance and the zoning to be imposed on the annexed Bighorn area, for which public notices of the public hearings on these matters will be published on October 25, 1974. Please satisfy the requirements in Section 4.2 of the Charter and in Section 4 of Ordinance No. 1, Series of 1974. TJM/sjm Sincerely, ' ..~~ ~" " P Terrell J. Minger Town Manager • PUBLIC NOTICE PUBLIC HEARING REGARDZNG ZONING FOR ANNEXED BIGHORN AREA PLEASE TAKE NOTICE that in accordance with Section 21,500 of the Zoning Ordinance, Ordinance No, 8, Series of 1973, of the Town of Vaal, Colorado, the Tawn Council. shall conduct a public hearing regarding the zoning to be imposed on the portion of the Bighorn area annexed to the Town effective • on September ll, 1974, said hearing to be held on November I2, 1974, at 7;30 p,m., in the Municipal Building of the Town. PLEASE ALSO TAKE NOTICE that the Town Council. will consider requests from property owners seeking a change in zoning d~.stract from that designated on the zoning map recommended by the Planning Commission for the annexed Bighorn area, provided that said requests axe submitted in writing to the Town Council prior to the aforesaid hearing. DE$ARTh NT OF COMMUNITY DEVELOPhiENT iana S. Toughill, Zon' g Administrator Dated October 23, l9?4 Published in the Vail Txail an Friday, October ?5, 1974 q 0 ~. ~~ y ~~ z 0 - n ~ ~ m rr ro ~ ~ ~ y y ~ ~ a ro ~ ~ p ~ + m ~ ~ ~ ~ c; ~ ~ •'~' ~ m ~ ~ ~ ~, ~ 'a° ~ o ~ R ~ ~ ~ c ~ ~~ Q.~ ao° ~ a w ~ C. E y 'D a' o ~ <«aoo~~~o ~ ~ ' ~ ~ ~ ~ ~~a ~ -.. o ~ ~ ~ K ~ ~ ~. ~'°o~°"~~ca~o ~ ~ ~ ~ '~. ~. ¢ ~ ~ va ~», Ct ~ ~. G A ~ '~ e 1 ~~ ~ c ~ ~ ~ ~A'~'~w~a~~ y '~ ~ ~ '~ ~ ~ ~ n W "~ ~ ~cro m C F ~'. N ~] ~ ro ~ C `~ ~ ~ ?~ ~ ~ ~ ~ ~ ~ Ao R, e ~, ti ~ ~a ~ ~ m ~ ~ ~ ~ ~ c D ~ ~ ~ ~ ~ ~ Q.,` D ~~ ~ ~ ~ ~ r d ~ ~ ~~ rt ~ a ~w o~~ ~ O O f~a' a. ~ ~ ~ n ~ ~ ~ R ~ ~ O ~ ~ rr ~. r -~ ~ lY ~ Q+ ~ O 1O ~ ~ ~ H ~ er C7 .'T SD fD p,, ~ ¢. rii' ~ ~.. p i5' p1 ~. ~ 'Cf SD~ p1 K ~O.r ~ ~. K7" N ~~~~ C FS rS ~ O d+ ~ ~ ~" ~ ~ m . m ~ ~ ~ ~ `C ~ -A ~ A 'ti ' a '~ ' ~: C~7 ~ ~: ~ ?pis m ~ ~ ?~ .r . O ~ ~ ~ ~ D S ~ .~. p J `~ ~A+ a ~ C [p V' m ZS N m ~ f [rJ tD ~ r! ~ I ~ ~ w ~ ~ , ~ t9 ,.,, ps N "` ~ w m ~ ~ ~ ' `~ ~ „ ,,, ~ ~' a ~ ~ A ~ ~~ yno `~~°,~ w ~ m sv m V ~ m °, p~., a'rt' m m ~. ~+ x ~+ m ~C ~ O m ~, ~ ~, ~ ~ y !r'~1 ~~.- D C ~.~ • iD Q F ~ ~ w~~ ~ ~ "{ ',.~,.c ~~f .' ~ S Q.~ -~; ~ ~-7 .._ G~.:7 i:.~~. `~ m c f ,. ~ iI ~~n".~;... _. ~ ; 7 n., G ~ :. C'~ Zp~ y ~ 7 ~+~ no z ~~~ O ''3 C y ~ ~ y O. O "~ ~ ~ ~ O ~ ~ ~ ~ 0 ~ ~..r~v Q ~ ~ m b r z s P U B I~ I G N O T T C E NOTICE OF A SPECIAL MEETING OF TOWN COUNGIL Public Notice is hexeby given pursuant to Section 4.2 of the Gharter of the Town of Vail, Colorado, and Section 4 of Ordinance No. 1, Series of 1974, that .f~here wi11 be a special meeting of the Town Council on the 12th day . of November, 1974, at 7:3Q P.M., in the Municipal Building of the Town, to consider the enactment of three proposed amendments to the Zoning Ordinance, Ordinance No, 8, Series of 1973, and to further consider the enactment of an ordinance imposing zoning on the portion of the Bighorn area annexed to the Town effective on the 11th day of September, 1974, public notices regarding the public hearings to be held on all of the aforesaid matters having been heretofore published on the 25th day of October, 1.974. ,.-~' ~~ ~-~~ ~ a ~~ , .~ ~~ Town G1erk ' MINUTES NOVEMBER 5, 1974 REGULAR MEETING PAGE 4 TOWN COUNCIL • Mr. Brown then submitted petitions with a total of 275 names of persons in favor of the granting of the license. Mr. Staufer then moved to approve the application subject to the findings of the FBI investigation; Dr. Steinberg seconded the motion; the vote was unanimous in favor, and the request for the license was granted. With regard to a request from Grand Prix, inc. to expand their premises in the Tivoli Lodge fora three-way restaurant license, the Zoning Administrator was asked to study parking and zoning requirements regarding the Tivoli. Mr. Langmaid then moved. to approve the extension of the area to be served in the original application subject to the fulfillment of the parking and zoning requirements; Mr. Donovan seconded the motion; Mr. Staufer and Mr. Donovan abstained due to conflict of interest; Mr. Langmaid and Mr. Dobson voted in favor; and the request was approved subject to the above requirements. As there was no further business, ATTEST: Town Clerk the. meeting was adjourned t 12 midnight. ~~~ MayDr t i h:~c :h ~ :!v ~¢: YSkro. .tliR :.v,. .N._ n .. ~ ~..w _ ~ • PUBLIC NOTICE PUBLIC HEARING REGARDING PROPOSED AMENDMENTS TO ZONING ORDINANCE PLEASE TAKE NOTICE that in accordance with Section 21.500 of the Zoning Ordinance, Ordinance No. $, Series of 1973, of the Town of Vail., Colorado, the Town Council sha11 conduct a public hearing on November 12, 1974, at 7:30 p.m. in the Municipal Building of the Town,regarding proposed amendments to the Zoning Ordinance as follows: {1) to make the Zoning Ordinance applicable to areas ~.. annexed to the Town subsequent to the enactment of the Zoning Ordinance; (2) to consider the addition of a new zoning district to be known as Residential Cluster District; (3} to consider the addition of Sepcial Deve3.opment District 3 {SD-3} for the property known as Bighorn Junction,. Ltd. DEPAR NT OF COMMUNI DEVELOPMENT Diana S. Toughill, Zon g Administrator Dated October 23, 1974 Published in the Vail Trail on Friday, October 25, 1974 L ~ 0 y MINUTES SPECIAL MEETING TOWN COUNCIL OF THE TOWN OF VATL 15 NOVEMBER 1974 A special meeting of the Town Council of the Town of Vail, Colorado, convened at 8:00 A,M, in the Conference Room of the Vaal Municipal Building. Mayor John A. Dobson and the following councilmembers were present: Kathleen Klug Joseph Langmaid Josef Staufer Tom Steinberg Also present were: Terrell J. Minger, Town Manager Gene A. Smith, Town Attorney and Deputy Town Clerk Stanley F, Bernstein, Finance Director Ordinance No. 21, Series of 1974, AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES OF 1974, IN THE PRINCIPAL AMOUNT OF $2,640,000 OF THE TOWN OF VAIL, COLORADO, FOR THE PURPOSE OF REFUNDING $3,000,000 GENERAL OBLIGATION BONDS, SERIES NOVEMBER 1, 1973, DATED NOVEMBER 1, 1973; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAYMENT AND REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED; PRESCRIBING THE FORM OF THE 1974 REFUNDING BONDS; PROVIDING FOR THE LEVY OF TAXES AND FOR THE APPLICATION OF CER- TAIN SALES TAX REVENUES TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; AND PRESCRIBING OTHEII DETAILS IN CONNECTION THEREWITH, was introduced on second readzng. Councilman Staufer moved to approve the ordinance; Councilman Steinberg seconded the motion; the vote was unanimous in favor; and the motion carried. The Deputy Town Clerk was instructed to publish the ordinance as approved. Mr. Bernstein explained the proposed Escrow Agreement between the Town of Vail and the Central Bank and Trust Company, Denver, Colorado, relating to General Obligation Bonds, Series November 1, 1973, refunded by General Obligation Bonds, Series 1974. He explained that it was necessary to leave some details in the Escrow Agreement and ancillary documents blank due to the fact that some minor variation in interest will occur depending on the exact closing date and issuance of the bonds. Councilman Staufer moved to approve the Escrow Agreement; Councilman Steinberg seconded the motion; the vote was unanimous in favor; and the motion carried. The Mayor and the Town Manager were instructed to execute the Agreement on this date. With no further business, the meeting was adjourned at 8:30 A.M. l~~,Llr Seretary .. • s down o~ uail ~ box 100 nail, Colorado 81657 (303} 476-5613 Town Council Town of Vail, Colorado P. 0. Bow 100 Vail, Colorado 81657 office of the #own attorney November 7, 1974 Re: (1} Special meeting on November 12, 1974, at 7:30 p.m. (2} Special. meeting on November 19, 1974, at 5:00 a.m. Councilpersons: In accordance with Section 4.2 of the Charter of the Town of Vail, Color-ado, enclosed are copies of the public notices of the two special meetings indicated above. GAS/sjm enclosures Sincerely, ~.-- Gene A. Sm'th Town Attorney cc: A copy hereof was mailed to each councilperson at his usual address. • ~ ~ 1' iJ 13 T. x C N 0 '1' x C is NO'T~ C1: Oi~ ~'~ 5P1iC:~!`til, ;•ff;li'I'i\U 01~ '1'01'+'\` COU\CIL I'tkb~.ic \oticc is llc~•cl>y ga.~~cn pursua~~t to Sectian 4.2 of L•11e Charl:cr oI- il~c To~,n of fail, Co3.o~.-ado, and Section a o£ O~.•clinance ;\'o. 1, Scri.es of 1074, that ':here ~.~i11 be a spec.i.ai r~ecting of the To~~tn Cauz~ci~. on .~t:he ]-2th clay 1cJ74, at of No~lc~oUcx 7:30 k'.hf. , in the 1•iw~ici.l~~.l , . 13t~~.lc3ing of the Tati~=i~, L'o consa~cler the enac-Lmcn~: of . tlzxee pxapascd ame~~.dm enL-s to tl~e Zo~iing Ord:~na.nce, . Ordinance l,a. 8, Sexa es `off' 7.973, and to furthc~, co~asidcr L-he cnac~:men t of an ordinance a.mposin.g • ~ zoning an the poxtion •of the Bighor3i area. anne~:ed L'o, .the Toian ei'fective on the 17-th da;~ of September, 197, publ.xc notices regarding the public hearings to .Ue he3.d an al7_ of tl~e afaresaiel matters ]laving bean hexetofare published on the 25th day o£ Octobex, 1974. jS/ Rosalie Jeffrav . ~ - Town Clexk .... • : ,. - -- -~' ' ~ . .. ~ ~ ~ ' . ~~ ~~ I ,r ^ -T ~. ~ti ITT o ~j, x c L O F II E A R I N G ON AN ORDI` ~1NCE PU}3LT:C NOTICE IS HERE~31' GTVE~+ `T`hat an Friday, the l5th day of November, at a special meeting of the T.o~an Council of the Town of Vail., Colorado, to be held at the ~~funicipal ~: v=~ ~I'. i~1 Buildi~`~g, Vail; Colorado, at or about o' cT_ock~:•I. , a public hearing ~ai~.l be conducted Dri or to final passage of an Qrdinance entitled: AN ORD7:Nr~tiTCE AUTHORIZING THE ISSULINCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 1974, IN THE PP.INC:~ PAL Ai'~10UNT OF $ 2 , 640 , 000 , OF TIIE TOT~1-N OF NAIL, COLORADO, FOR THE PURPOSE OF REFU~'VDING $3, 000, 000 GENERAL 0~3LIGATIO`I .BONDS , SIaRIES .. . I~~DVIaIvLBER l , 197 3 , DATED NOVE`•~ER l , 197 3; PRO- VIDING FOR THE ESTA~3L:[SHl~iENT OF AN ESCROT3 ACCOUNT FOR TIIE PAY~'fENT :~.ND REDE~SPTION OF THE OUTSTANDING BONDS TO BE REFUi`TDED; PRESCRIBING THE FOR;i OF THE 1974 REFUNDING BONDS; PROVID:~~IG FOR THE LEVY OF TAXES AND FOR .TIIE APPLICATION OF CERTAIN STALES TAX REVF'NUES `.I'0 PAY SAID REFUND:NG Ii0\TDS AND THE IN- TEREST THEREON; AND PRESCRIBING OTHER DETAILS IN CONNECTION TEIEREWITH. At said meeting any person in interest may appear and be heaxd on said Ordinance. A copy of the Ordinance is on fl.le in the office of the Town Clerk, and may be examined at any time during regular business hours, GIVEN BY ORDER OF THE TOWi~T COUNCIL of the To~~~. of Vail, . Colorado, this Sth day of November, 1974. /s/ Rosalie Jeffrey Tocrn Clerk • zo .. r 1 MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL NOVEMBER 19, 1974 A regular meeting of the Town Council of the Tawn of Vail, Colorado, convened at 8:00 P.M. an Tuesday, November 19, 1974, in the Council Room of the Uail Municipal Building, Mayor John Dobson and the following cauncilmembers were present: John Donovan Tom Steinberg Kathy Klug Josef Staufer Joseph Langmaid Others present were: Terrell J. Minger, Town Manager Gene A. Smith, Town Attorney James F. Lamont, Director of Community Development With regard to a zoning request from Mr. and Mrs. Uitus Germann for their property in the newly annexed portion of Bighorn, Jim Lamont explained that the parcel of land comprises .54 acres and is contiguous with the Oliva property, also under study, which comprises .65 acres. The original Town of Vail proposal was Residential for the Oliva property and LDMF for the Germann property. The owners` proposal was MDMF for Oliva and LDMF for Germann. The Planning Commission proposal was Residential for both parcels. The.Germanns would like to build 4 units on their property as would be permitted under LDMF. The staff recommendation was that LDMF zoning on the whole parcel would not have an adverse effect on the neighborhood and would, therefore, be acceptable. Mr, and Mrs. Germann were present and commented that LDMF zoning would be acceptable to them. Councilwoman Klug moved to zone the Oliva and Germann parcels as LDMF; Councilman Langmaid seconded the motion; Councilman Donovan opposed the motion; Councilmembers Steinberg, Klug, Staufer and Langmaid voted in favor; and the motion was approved. Resolution No. 23, Series of 1974, a resolution adopting a new zoning map for the Town of Uail was introduced by the town attorney. The purpose of this resolution is to update past additions to the zoning map. This map excludes the newly annexed area of Bighorn which will be adopted separately by the ordinance which imposes zoning on Bighorn. Councilman Staufer moved to approve; Councilman Steinberg seconded the motion; the vote was unanimous in favor; and the motion carried. Ordinance Na. 24, Series of 1974, AN ORDINANCE CREATING A RESIDENTIAL CLUSTER ZONING DISTRICT FOR THE BIGHORN AREA, was introduced as an emergency ordinance. Councilman Donovan moved to approve the ordinance; Councilman Staufer seconded the motion; the vote was unanimous in favor; and the motion carried. w MINUTES NOVEMBER 19, 1974 REGULAR MEETING PAGE 2 TOWN COUNCIL Ordinance No. 25, Series of 1974, AN ORDINANCE REGARDING TWE IMPLEMENTATION OF SPECIAL DEVELOPMENT DISTRICT 3 IN TWE BIGHORN AREA, was introduced on first reading. Counsel for Bighorn Junction, Ltd., Ran Landeck, Esq., stated that page 11 of the ordinance is not in accordance with the most recent Planning Commission decision with regard to the number of the units allowed on the property. The town attorney explained that SD3 is to be composed of Development areas A, B & C. As reworked by the Town Council, Developments A & C will allow 12 units per acre. Mr. Landeck stated his willingness to discuss the matter further with regard to the reduction in the number of units. We remarked that in recent public hearings there has been no public disapproval of Bighorn Junction's proposal, which integrates Residential and Commercial uses. Mr. Landeck requested that the original plan as approved by the Planning Commission be considered further by the Town Council and noted that his client would at this time, without notice, be unable to consider a 25% reduction in the development plan. Councilman Donovan referred to the Environmental Impact Study as an impartial study which indicates that property owners prefer lower density. The consensus of the council was for lower density with the exception of Councilwoman Klug who felt it would be unfair after months of study to reduce density when no one has objected to it. Councilman Langmaid stated that he previously voted for 16 units per acre and would not ga back on his word, although he might prefer lower density. Councilman Donovan commented that commercial zoning does not require that higher density zoning surround it. Other lots in the area are not zoned as high as the Bighorn Junction, Ltd.'s proposal. Mr. Landeck asked to go on record as opposing the substituted Page 11 and would not request approval of the SD3 document. Mr. Minger then asked Mr. Landeck if his client would consider the document binding. Mr. Landeck replied that he did not have an opinion and did not know enough about it to comment. Mr. Minger stated that the real crux of the issue is whether the document is binding or not. We and the town attorney are of the opinion that it may.not be binding on .the.deve1oper,.but that the problem before the council is that according to state statute a decision an the zoning must be made tonight. Since the council is at an impasse, a decision must be arrived at. The town attorney stated that since the special development district request was made by the developer, he doubts it would be binding on them at 12 units per acre since their request was for 16 units per acre. The honing Ordinance does not specifically state that a contractual document of this sort is binding. .The town attorney stated that the Town is legis- lating an entire development in this particular case. The creation of this type of zoning differs from the traditional zoning and is a legislative type of contract, according to the town attorney. Councilman Donovan then proposed LDMF zoning for the entire project. Counsel for Bighorn Junction stated that his client would be opposed to that zoning and would consider it a breach of contract. Mr. Minger, Mr. Landeck, and Mr. Smith then retired to executive chambers to discuss the matter further. Ordinance No. 27, Series of 1974, AN ORDINANCE MAKING SUPPLEMENTAL APPRO- PRIATION FOR TWE PURCWASE OF A TOW TRUCK, was introduced on first reading. Councilman Steinberg moved to approve the ordinance; Councilman Donovan seconded the motion; the vote was unanimous in favor; and the motion carried. With regard to the Slue Cow's request for a parking variance, Councilman Donovan moved to grant the Blue Cow a parking variance for the period of one year to allow them time to purchase additional land for parking spaces; Councilwoman Klug seconded the motion; Councilman Staufer abstained from the vote; Councilmembers Donavan, Klug, Steinberg, and Langmaid voted in favor; and the motion carried. Regarding Poor Richard's request far a conditional use permit and for a parking variance, Mayor Dobson asked for discussion by the Council. Councilman Staufer felt that the real question was whether ar not the building should be changed from Public Accommodations zoning to office use, and he felt that it should not be changed; that people are more desirable around the lift areas than offices. Councilman Donovan felt MINUTES REGULAR MEETING TOWN COUNCIL NOVEMBER 19, 1974 PAGE. the Council should abstain from making a decision until it is ascertained how the parking structure will influence the area around Poor Richard's. Councilwoman Klug felt the PA zoning in that area should not be changed. Councilman Steinberg felt that granting the conditional use permit would establish a precedent far changing more PA zoning to office use. Council- man Langmaid stated that he had previously agreed to the conditional use permit and that he would continue to agree if Vail Associates offers to give Poor Richard's additional parking. Mr. Claude Martin reiterated that he has been unable to make the dormitory accommodations a feasible business venture. Councilmen Staufer and Steinberg suggested that the building be used for employee housing as it had been originally. Mr. Martin contended that such use was also unfeasible. Councilman Donavan moved to deny the conditional use permit and parking variance; Councilman Steinberg seconded the motion; the vote was unanimous in favor; anal the motion to deny was approved. A citizen interest group was present to protest the parking structure rates for locals. Mayor Dobson explained that the structure had cost in excess of $5,000,000.00 and that the rates could not be reduced. He also explained that the bus system had been expanded. A short recess fo17owed. Upon reconvening, Mr. Smith explained that he, Mr. Minger, and Mr. Landeck had agreed while in chambers that the Council should approve Ordinance No. 25, Series of 1974, regarding SD3 zoning for Bighorn Junction, Ltd. on first reading, subject to review and approval an second reading. He also suggested that the developer should be aware that the 16 unit density probably would not be approved on second reading. Councilwoman Klug moved to approve Ordinance No. 25 as it stands on first reading; Councilman Langmaid seconded the motion; the vote was unanimous in favor; and the motion carried. Ordinance No. 26, Series of 1974, AN ORDINANCE T4 IMPOSE ZONING DISTRICTS ON THE ANNEXED BIGHORN AREA, was introduced on first reading. Councilman Staufer moved to approve the ordinance; Councilman Steinberg seconded the motion; the vote was unanimous in favor; and the motion carried. Presentation of long range Capital Improvement Plan and special sales tax allocation was deferred until the time of first reading on the 1975 Budget Ordinance. Regarding consideration of the voucher list for September, 1974, Councilman Staufer moved to approve the voucher list; Councilman Steinberg seconded the motion; the vote was unanimous in favor; and the motion carried. The Town Manager then explained that the tap level of the parking structure was now open for free parking, but deferred his report on the licensing of food handlers within the Town of Vail until the next regular meeting of the Council. With no further business, Councilman Donavan moved to adjourn; Councilman Staufer seconded; the vote was unanimous in favor; and the motion carried. The meeting was adjourned at 12:00 midnight. LIQUOR LICENSING AUTHORITY After a brief recess, the Liquor Licensing Authority convened at 12:15 a.m. With regard to consideration of Liquor License .renewals for 1975, Councilman Donovan moved to renew all five licenses under consideration: the Lodge at Vail, the Lionshead Liquor Store, Alains Creekside Cafe, Kancolo, Inc. (dba Bu11y III}, and four Vail Associates restaurants; Councilwoman Klug seconded the motion; the vote was unanimous in favor; and the motion carried. MINfITES REGE~L.AR MEETING TOWN COUNCIL NOVEMBER 19, 1974 PAGE 4 ~~ With regard to a request from Kancolo, Inc. DBA Bully III concerning a change of stockholders addendum, Councilman Staufer moved to approve the change; Councilman Donovan seconded the motion; the vote was unanimous in favor and the motion carried. As there was no further busine~~; the 1i~or licensing authority adjourned at 12:30 R.M. y- ~ ~"~. .,. - .e Mayor ATTEST: ~ - .. .. x w,.x~.,.:..~~.~~~~~;~~~:~E~:~~y ,~ Town Clerk U s T0: TOWN COUNCIL FROM: Terrell J. Minger, Town Manager DATE: December 3, 1974 RE: Tentativ e Work Program for Antholz DECEMBER 197 Research work JANUARY 1975 Establishment of Community Center Committee Program Analysis, Financial Projections FEBRUARY 1975 Development Plan Tour of facilities Architect interviews MARCH 1975 Architect Selection, Contractor Selection Program Approval by Council APRIL Preliminary Design Studies MAY 1975 Cost Analysis JUNE 1975 Community Education for Bond Issue JULY 1975 Preliminary Drawings AUGUST 1975 Preliminary bids and Detailed drawings Landscape Plan Completion Symposium Preview SEPTEMBER Bond Issue OCTOBER 1975 September 23, 1975 ($5 - 7 million} OCTOBER thru Working Drawings - Final Bids MAY 1976 MAY 1976 Construction commences • MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL DECEMBER 3, 1974 The regular meeting of the Town Council of the Town of Vail convened at 7:45 P.M, in the Council Chambers of the Vail Municipal Building on December 3, 1974. Mayor John A. Dobson and the following councilmembers were present: Josef Staufer Kathleen Klug Tom Steinberg John Donovan Joseph Langmaid ~''_ ORDINANCE N0. 25, Series of 1974, REGARDING SPECIAL DISTRICT 3 ZONING DISTRICT, was introduced on second reading, The Mayor noted that there have been certain changes made since first reading. The town attorney stated that the Town Council has received a letter from the owner of the praperty asking that the ordinance be passed on second reading with no changes. Iie explained that minor changes had been made in the ordinance regarding maximum density to be permitted which has been reduced from 16 units per acre to 14 units per acre; permitted and conditional uses. Jim Lamont noted that re- quired parking underground had been reduced from 50% to 35%. The attorney stated that the council is fully apprised of any alterations to the ordinance. Maximum number of dwelling units to be allowed is 116, with commercial space being included in the development plan for the property. The property in question is Bighorn Junction Ltd. Councilman Steinberg moved to approve the ordinance; Councilman Lang- maid seconded the motion; the vote was unanimous in favor; and the motion carried. ORDINANCE N0. 26, Series of 1974, REGARDING IMPOSITION OF ZONING DISTRICTS ON ANNEXED BIGHORN AREA, was introduced ~'`• on second reading. The town attorney explained that the • ordinance refers to the area annexed on September 11, 1974. Councilman Staufer moved to approve the ordinance; Councilman Donovan seconded the motion; the vote was unanimous in favor; and the motion carried. ORDINANCE N0. 28, Series of 1974, AN EMERGENCY ORDINANCE AMENDING SECTION 9-1-3 OF THE TOWN CODE OF VAIL RELATING TO THE AUTHORITY TO IMPOUND VEHICLES, was introduced and ex- plained by the town attorney. Councilman Steinberg moved to approve the ordinance; Councilman Staufer seconded the motion; the vote was unanimous in favor and the motion carried. ORDINANCE N0. 29, Series of 1974, AMENDING TITLE II, CHAPTER 7, OF THE TOWN CODE OF VAIL RELATING TO THE MUNICIPAL COURT, was introduced oi~ first reading. The town attorney explained a change from the municipal court being a Court of Record to a regular court, and that the change is technical in nature since the court has never functioned as a Court of Record. Councilman Steinberg moved to approve the ordinance; Council- woman Klug seconded the motion; the vote was unanimous in favor; and the motion carried. Minutes December 3, 1974 Page 2 ORDTNANCE NO. 30, Series of 1974, ESTABLTSHING A HEALTH EXAMINATTON REQUIREMENT FOR FOOD HANDLERS IN THE TOWN OF VATL, was introduced on first reading. The town attorney explained that there are presently no regulations on the state level for health requirements. The Town of Vail is hiring a full-time sanitarian for the enforcement of rest- aurant and health requirements. According to the State Health Officer, state health exam regulations have been abandoned because they are unenforceable and could better be regulated on the local level. Mr. Dick Elias, lodge owner, stated that such matters should be the business of good management, rather than through health examinations. He suggested that the issue be tabled until such time as a sanitarian is hired. Peter Cary, reporter from the Vail Villager newspaper, commented that he had talked to the State Health Dfficer regarding the state health ordinance. Reportedly, the officer said that the ordinance was useless and unenforceable. A restaurant manager then presented two letters to the Council, one written by County Sanitarian, Erik Edeen, the other by Dr. Thomas T. Steinberg, stating the requirements and responsibilities of restaurant managers `~~ for their employees.. He questioned the fact that the availaW bility of free examinations in Denver is not mentioned in either letter. Mayor Dobson then stated that the Council is trying to establish minimum requirements and enforce health requirements and enforce health requirements for the locality. There is no obligation for any employee to be examined at the Vail Medical Professional Corporation. The town manager commented that the ordinance was a result of the county sanitarian's views as to the needs in the area. He noted that any accusations of "collusion are idiotic". Mr. Elias objected to the lack of enforcement concerning health requirements, and asked that the county sanitarian report to the Town Council and the people with regard to the health needs of this community. Several citizens voiced their opposition to the ordinance on the grounds that it is both unenforceable and unworkable. Council- man Donovan questioned the possible elimination of the pre- employment examination, instead imposing a heavy fine or penalty thus placing the burden on the employer to hire healthy persons to work with food. He also suggested the re- working of the ordinance, tabling it to a later date, and ~ placing a ceiling on the charge for the examination. Discussion ~ followed and then the town manager suggested that interested citizens meet with him, the mayor and the town attorney to come up with a viable ordinance. Councilman Staufer commented that this ordinance should not be passed on first reading, but urged that we must find a tool to solve the problem. Mayor Dobson remarked that he is concerned about what he feels is basically a financial concern rather than interest in solving the problem. He further stated that the state health officer had the state ordinance put down because the health exams were not uniformly done and could not be relied on for determining communicable diseases. Councilman Steinberg moved to table Ordinance No. 30 until the staff`is able to meet with restaurant managers of the community to discuss the matter further; Councilwoman Klug seconded the motion; the vote was unanimous in favor of tabling the ordinance; and the motion carried. Minutes December 3, 1974 Page 3 ORDINANCE NO. 31, Series of 1974, AN ORDINANCE ADOPTING A BUDGET AND FINANCIAL PLAN FOR THE TOWN OF VAIL FOR 1975, was introduced on first reading and renumbered to Na. 30. The town manager commented that this public hearing would be the fourth occasion that the 1975 budget has been brought before the public for their review. He further noted that it fulfills the requirement of Article No. 9, Section 9.3 of the Home Rule charter. Councilman Donovan moved to approve the ordinance on first reading; Councilman Steinberg seconded the motion; the vote was unanimous in favor; and the motion carried. Resolution No. 24, Series of 1974, a resolution regarding the implementation of House Bill No. 1041, was introduced by the town manager. Jim Lamont, Community Development Director, explained that the bill indicates the overall planning needs we see in Vail and requests financing for priority items. A detailed workplan includes: floodplain analysis, geologic hazard analysis; mass transit analysis, sewer and water system analyses. The resolution gives authorization to the Town Council to forward the report on these items to the State. _ Councilwoman Klug moved to approve the resolution to accompany the community development report; Councilman Staufer seconded the motion; the vote was unanimous in favor; and the motion carried. Resolution No. 25, Series of 1974, a resolution for the re- appointment of the Town Attorney, was introduced for the Council's consideration. Councilman Donovan questioned Section 9 of the attorney's contract wherein it states that if the town attorney resigns he will be granted one month's pay after resignation. The town manager suggested that the words "at the discretion of the Town Council" be added to the statement if there were any concern on the part of the council. The town attorney stated that he would supply a letter regarding the question of 'good reason' and payment. Councilman Staufer moved to approve the resolution; Councilman Donovan seconded the motion; the vote was unanimous in favor; and the motion carried with the changes regarding "termination for whatever reason regarding severance pay for one month". With regard to the consideration of voucher lists for October, 1974, Councilman Donovan moved to approve the voucher state- ments; Councilman Staufer seconded the motion; the vote was unanimous in favor; and the motion carried. REPORTS FROM THE TOWN ATTORNEY 1. The town attorney reported that the District Court made a decision in favor of the Local Liquor Licensing Authority on November 26, 1974, and upheld the Authority's denial of the Vail Village Liquors, Inc. retail liquor store application. 2. With regard to the Manor Vail vs. the Tawn of Vail in the cable television litigations, the town attorney reported that there are two cases pending. With regard to the State case, the Town will stay in the proceeding to pre- vent duplication of tax against the Town of Vail until the decision is made. Concerning the case in District Court, the date set fox court is December 2Q, 1974. Minutes December 3, 1974 Page 4 • t CITIZEN PARTICIPATION A comment was made regarding the poor quality of the signs used to direct traffic to the parking structure. The town manager commented that the signs were an emergency measure due to traffic jams at the intersection and are down now. A member of the Lionshead businesscommunity remarked that the directory sign for Lionshead should be lighted. Jim Lamont stated that it would be lighted. A member of the audience was of the opinion that the rates at the parking structure are too high. The town manager noted that it is premature to determine the use of the structure, and the rates concur with or are lesser than those outlined in the bond issue. The user should pay rather than the tax- payer who does not use the structure. Mr. Minger noted that the charge for bus service to Sandstone 70 has been reduced to 25~. Ridership is especially good in the Bighorn area; slower in Sandstone. Councilman Staufer then commented that he had mentioned tin November 5 that any persons interested in the Council should come forward and that he has asked the Council. to appoint some one from the Bighorn area to fill the vacancy. Mayor Dobson stated that the matter of the council appointment needs further study. He stated that he takes excoption to Councilman Staufer's idea and that according to the Home Rule Charter the entire Town of Vail is represented by each councilperson. Councilman Staufer said that the appointment should be deter- mined by the next meeting of the Town Council on December 17, 1974. There was a general consensus of the councilmembers to make the appointment by December I7. As there was no further business, the meeting was adjourned at 10:45 P.M. RE-CONVENE AS THE,LOCAL LIQUOR LICENSING AUTHORITY The following 1975 liquor license renewal applications have been received by the Town Clerk for these businesses: Lancelot; Sweeny Todd's; VMRD; A & D Enterprises; Gasthof Gramshammer; Left Bank; Red Lion Inn; Purcell's; Alfie Packer's; Cyrano's; Nu Gnu, Inc.; Ore House; Lord Gore; Blue Cow; Manor Vail; Vail Village Inn; Pistachio's; Los Amigos; St. Moritz; Clock Tower Inn; Holly Vail Inc.; The Place; M-K Corporation; and C,uido' s . The Chief of Police reported that there has been good cooperation from the licensees during 1974, some minor violations but nothing to deny the renewals, Mr. Steinberg moved to approve the re- newals for 1975 as requested. Mr, Donovan seconded the motion; the vote was unanimous in favor; and the motion carried. Concerning a request from High Country, Inc, dba Guido's regarding a change of stockholders in the corporation, Mr. Staufer moved to approve the addendum request; Ms. Klug seconded the motion; the vote was unanimous in favor; and the motion carried. As there was no further ll:i5 P.M. ATTEST• ~~ Town Clerk ~. r ,n.k busin'e'ss, t uthority ~. jpurne~.1/at ~~ ~ ~ ~ //'~,,,1~~:~ror ~~ ..;,~.-~~r,: .., ~:+. x _ r sw _._.~ a ~a_'.~:L~c;_~:.~ua.',~~:;:~; •._>~... ... PUBLIC NOTICE NOTICE OF PROPOSED BUDGET TOWN OF VAIL NOTICE IS HEREBY GIVEN that a proposed budget has been submitted to the Town of Vail for the ensuing year of 1975. That a copy of such proposed budget has been filed in the office of the Town of Vail, Municipal Building, Vail, Colorado, where same is open for public inspection. That such proposed budget will be considered at a regular meeting of the Town Council for the Town of Vail to be held on Tuesday, December 3, 1974, at the Vail Municipal Building at 7:30 P.M. Any taxpayer within said Town of Vail may at any time prior to the final adoption of the budget file or register his objections thereto. DATED this 79th day of November, 1974. TOWN OF VAIL By Rosa1 i e def rey Town C1 er[c • Published in the Vail Trail on November 22, 1974. PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council will consider applications for the Planning Commission vacancy effective December 31, 1974. Any interested Town of Vail residents should apply in writing to the Town Clerk by January 6, 1974. `Rosalie Jeff e ~" Town Clerk r ~.~J E p;; >_'~.~,' d r ~~yy a..+ ~ a ~ ;3 ~ R. ~ O ~ y C ~ as ~ m '~ U _ ~n W V ~ ~ ce ~ (s] ~ ~ •~ N sir b61 ~ O ~+ '~ i~~ ~ d 11 .~ 1' •p O L'~ t. O~ ~ yam„ A ~ n" z .~ ~' y ~ y Cd ~ •N ,b ~ tQ 'H W O Q ~ U ~ ~ ~ +a a„~ rn Qe i.i W A Q '.a3 ryj y 41 it ~ J-~ V1 r'I ~ ~ Qa w ~ ~ ai cd ~ ~ ~ ~ 'C ~ ~ ~ ~ C ~ ~ 4 w ~ O W o.a ~ a c m o a.3~ ~ ~ ~ ~ ~ ,o~ ~ U W X41 ^~ .~ ~ ~' ~ ~ °' ,~ w ~ w ~ ~` o ,~ ~a `u° o ~' ~ 3 3 ~ o+~ ao~o~o.a~ ~ o ~ ~ 3 ~ c •y d b ~ y Q m ~ O ~ O ~ a~ ~ a ~ 'v ;F, ~ ur ,p ~ `~ ~ ~ U i-i ~ a U ~ ~ ~ ~ ~ ~ ~ E m v o Q, ,~ r! v~ ~~ r MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL DECEMBER 17, 1974 The regular meeting of the Town Council of the Town of Vail convened at 7:45 P.M, on December 17, 1974, in the Counca.l Chambers of the Vail Municipal Building, Mayor John Dobson and the following councilmembers were present: Josef Staufer Kathleen K1ug Joseph Langmaid John Donovan ORDINANCE N0. 29, Series of 1974, AN ORDINANCE AMENDING THE TOWN CODE OF VLiIL RELATING TO THE MUNICIPAL COURT, was intro- duced on second reading. Councilman Donovan moved to approve the ordinance; Councilwoman Klug seconded the motion; the vote was unanimous in favor; and the motion carried. ORDINANCE ND. 30, Series of 1974, AN ORDINANCE ADOPTING A BUDGET AND FINANCIAL PLAN FOR 1975, was introduced on second reading. Councilman Donovan moved to approve the ordinance; Councilman Langmaid seconded the motion; the vote was unani- mous in favor; and the motion carried. ORDINANCE NO. 31, Series of 1974, AN EMERGENCY ORDINANCE REGARDING THE ANNEXATION OF THE EASTERNMOST PORTION OF BIGHORN, was introduced as an emergency due to statutory time require- ments concerning municipal annexations. Councilman Donovan moved to approve the annexing ordinance; Councilman Langmaid seconded the motion; the vote was unanimous in favor; and the motion carried. Resolution No. 26, Series of 1974, a resolution regarding the re-appointment of the Municipal Judge, was introduced by the Mayor, The town attorney then explained the changes outlined in the document. These changes include the rescheduling of the Municipal Court date from Wednesday at 1:30 P.M. to Thursday at 11:00 A.M., and the re-appointment of Judge Roland L. Gerard for 1975-76 according to charter requirements. Councilman Staufer moved to approve the resolution; Council- woman Klug seconded the motion; the vote was unanimous in favor; and the motion carried. Resolution N0. 27, Series of 1974, a resolution regarding the appointment of a successor to fill a council seat vacancy. Mr. Bill Wilto, Bighorn resident, presented a petition contain- ing 109 signatures to the Town Council asking that the vacancy be filled by a Bighorn resident, namely Bob Ruder. He stated that at the time of annexation the people of that area showed their good faith believing that they would be adequately repre- sented on the Council, and unt~.l this time the Town of Vail has not reciprocated that good faith. Councilwoman Klug commented that she feels that fair representation is important but feels that the Town Council has acted in goad faith. Ms. Carol Richards asked for a public vote of the Council re- garding the vacancy. She referred to the Town Charter concerning recall and indicated that since the Town of Vail would be in the public light in the next few weeks with the presidential visit, it would be poor publicity for the local government if the Bighorn people were not represented on the council by that time. Minutes December 17, 1974 Page 2 ~ Councilman Staufer remarked that although his signature is on the petition he is not in support of the .last statement on the petition regarding the town's not acting in good faith to date. Councilman Staufer then asked whether the matter should be deferred until January 7, 1975, due to the great support of a different person far the Tawn Council position. Councilman Donovan commented that he is disappointed that the people of Bighorn do not feel that he represents them as well as other Town of Vail residents. Councilwoman Klug stated that she believes in a democratic process and that the man chosen b.y the Council is a good one and she believes in majority rule. Councilman Steinberg stated that he would have resigned so that there could be a representative of Big- horn before Gerry White's accident but that he now believes that the best man has been chosen to fill the vacancy. Councilman Langmaid questioned the clarity of the wording of the petition and questioned its value, He suggested that the matter be tabled. Councilman Steinberg moved to vote on the replacement for Councilman White which position would exist until the November 18, 1975 municipal election; Councilman ~- Langmaid seconded the motion; the councilmernbers were then polled regarding the decision to vote; Councilmembers Staufer and Klug voted against the motion; Councilmembers Donovan, Steinberg, Langmaid and Mayor Dobson voted in favor of the motion; and the motion carried. The motion was approved to vote regarding the council vacancy at this meeting. Mayor Dobson then stated that the council is aware of the needs of the Bighorn people and that Councilman White's position represented all of the people and was as a councilman-at-large. The goals and interests of the councilmembers are the same for the entire community, He asked the citi2ens of Bighorn to support the goals of the Town and work. on the problems. The council then voted publicly to select a person to fill the vacancy: Councilmembers Klug and Staufer voted for Robert W. Ruder; Councilmembers Donovan, Steinberg, Langmaid and Dobson voted for James M. Slevin. The town manager then commented than Jim Slevin has been in Vail since the winter of 1962-63 and has been active on the Fire Protection District Board, the Planning and Zoning Boards, the Hame Rule Charter ,Commission, and the Vail Institute Board. Bill Wilto then stated that the people whose signatures are on the petition previously sub= ~~ mitted to the Town Council will support the Town Council and will wait for the time when they will sit on the Council an the future. With regard to the appeal of Ernst Lanese concerning the Cornice Building, the town attorney explained that the owner of the Cornice has had gravel put on a portion of his land surrounding the Cornice Building. The Zoning Administrator issued a stop work order since there were vehicles parking on the gravel and the zoning ordinance does not allow for parking surrounding the building. The owner then tiled an appeal stating that the spreading of gravel was for the purpose of upkeep of the lawn. The fact that it is used as a parking lot discredits that statement, according to the town attorney. He then stated that the owner has the choice of removing the gravel ar re- questing a parking variance for the property. He advised the Town Council that they would be required to vote whether or not to affirm the zoning administrator's decision. Councilman Donovan moved to uphold the zoning administrator's decision; Councilman Steinberg seconded the motion; the vote was unani- mous in favor; and the motion carried. Minutes December 17, 1974 Page 3 With regard to cable television service to the Bighorn area, Councilman Staufer asked why the cable couldn't be laid on top of the ground as in other areas of the town. Jim Lamont stated that the Vail Cable TV Company had promised to lay the cable to the Booth Creek area within 30 - 40 days. Tt was the consensus of the Council that the town attorney, Mr. Lamont and the town manager should determine if this agreement is fulfilled. Mr. Lamont is to meet with the local company to draw up a Letter of Agreement, REPORTS FROM THE TOWN MANAGER The town manager commented that the bus service to Bighorn and Sandstone 70 is successful, He reported that children under 12 years of age would be charged 10~. Mr. Minger then reported that Tract A has been acquired by the Town of Vail and that an athletic field would be constructed in the spring of 1975. Concerning Site 24 near the A-Frame, the town manager commented that the site has been acquired by the Town of Vail and that negotiations are under way to purchase the Public Service Co. building, Plans for the building are to provide a place for a teen center and activities for local and visiting youth, under the auspices of the Town, with John Hanson as youth director during the 1974-75 ski season. Regarding cable television, Mr. Lamont stated that the charac- ter generator is in operation on Channel $ and gives weather, traffic and local information at regular intervals. Channel 2 will be provided in the near future. CITIZEN PARTICIPATION A member of the audience questioned the high rates charged to park in the parking structure, and stated that the businessW man is losing business due to the high cost of parking. Mayor Dobson commented that further study is required concerning the whale structure, and that he is still convinced that-the ~ parking structure is a good and needed facility. ~5 There was also criticism by a member of the audience regarding the scheduling of buses. He stated that the bus runs till 1:00 A.M. but does not help the waitress who works until 2:30 A.M. The town manager said that the matter of extending the hours of the bus service would be looked into. There was a citizen request regarding the cemetery. The town manager then commented that the issue would be dealth with at the January 7, 1975_meeting. The need for adequate signing of the parking structure was also stated. Councilwoman Klug commented that a review of the entire structure would take place at the first of the year. The finance director stated that the Town is meeting operating expenses to date. As there was no further business, the meeting was adjourned at 9:20 P.M. Minutes December 17, 1974 Page ~ RE-CONVENE AS LOCAL LIQUOR LICENSING AUTHORITY Consideration of requests for renewals for 1975 were considered for the fallowing: The Harvest Table; The Lzquor and Wine Shop; Holiday Inn; The Keg; Hilton Inn; The Slope; Danovan's Capper Bar; and Grand Prix. Dr. Steinberg moved to approve the renewals for 1975; Mr. Langmaid seconded the motion; the vote was unanimous in favor; and the motion, carried. Concerning expansion request for The Hansel and Gretel Restaurant for use of deck, banquet room and area ad,~acent to the swimming pool by Lothar Klaschik, ]fir. Steinberg moved to approve the request; Mr. Langmaid seconded the motion; and the vote was unanimous in favor; the motion carried. 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