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HomeMy WebLinkAbout1971 Vail Town Council Minutes,- , i ~ ~ , ~. ~~ ' ' ' ~ ,' , ~. ' ' I ~ ,. .. .. ~ ~, ., AGENDA ~ ~ . ~ ~ ., - BOARD OF~TRUSTFFSIPLANNING COMMISSION ~`~. OCTOBER ~2 , 1~~71 "~ v ~1. ~resentatiori of a film on the proposed Glenwood ` ~ ~.~ ' Canyon--interstate Routing. ,. 2. Public Hearing regarding the land 'use plan•and ~1I proposed zoning of the,Antholz pr,opert,y. ~ ,. ~' ~, ~3. Consideration of an ordinance concerning .v,arious .' land and greenbelt dedications from,Vai1 Associates to the' Town of Vail.. 4. ... .. Consideration of rezoning certain pa'rcel~ ~o f land , .. , . in 'fail/LiansHead 2nd and '3rd filings. 5: Final hearing orb Vail~L~;onsHea'd 2nd and' 3rd Filings. ~' ' . .1~~ 6. Consideration bf a proposal regarding s~lei~h~ service, _.__ __ _. __-._ - within the' Town of Vail. ' , ' ; _~. ~~ . • 7...__ ~ .... Cansa.derat~on of. certain acees s easements Igo the ~ .. ''• . y -, Blue Cow Restaurant 'through~~~he main parking lot. r ' nn ~ ~ . , . , ' ~. ~ ~ ~ ' ~ , ~~ .. ~ ~ ~ .. ~ , ~` ,, ~., ~ . ,. ~., ~' ', '; , . ~, '';. r ~~ I. 1 ,, f ~ j ~ i i' 1 ~ ~ '' f , I ! f'' ~ , I ~ ~ , . ~ , 1 ~ + ~ ~ :-.r__.~.~. ir-r-...-^~r.-_ .- ., ... ....... ' ~ I ..... .. ~ .i ~ - X1.1 - 1 i I i 1 ~ r .. 1 ~ i • AGENDA December 7, 1971 1. Consideration and adoption of the 1972 Municipal Budget. 2. Consideration of a supplemental ordinance authorizing the expenditure of funds by the Town in excess of the 1971 budget. 3. Considerationof a parking request by Chuck Ogilby 4. Consideration of the allowance of a vendors' fee for the collection, reporting and remitting of local sales taxes. 5. Consideration of a contract for the towing of illegally parked vehicles in the Town of Vail. 6. Reports by the Town Manager. a. Shuttle Bus Program. b. Animal control officer. c. Parking structure. • AGER ~E~-CIN~ pp.R~ OAF TRUSTEES B CEMBER 2~ ~ 1g71 DE f the Board of Trustees ce request by 4 ApprOVai of minutes arding a parking varies ~ - hearing re9 s Tax inary Locai Sale Prelim Behrhorst. e e collection 2 - amending th pavid G • ce cai vendors, fee for th of an ordinan 3 • nsn nc and the use and occupan Y Co tion denying any io c Ord' tax- ce regulating _ of said of V a-I . °{ an o~'S within the Town duct in" . . ~ taro con d alter' Consideration ~ campers and tra ce prohibiting ofrassauits an of an ordinan e reporting tion of th Seri s. , 5 Consideriaces and requirion Vail. -.lo. 4 ~ e t- publics with-n the Town mending Ord'on of dogs and crew cation he cone a d r uiati of an ordinan e9 of V ail and John Consideration trot an , 6• ~ relating t° t eats- ong new leash require-~ the Town f a contract between Consideration 7 . C ar modY • Mana9er~ Report bYnTpes'-9n plan . Urba ecutive D~scuss~on ~ _ Ex MINUTES OF A SPECIAL MEETING OF THE BOARD OF TRUSTEES A special meeting of the Board of Trustees was held at 1:30 P.M., on Thursday, January 1 4 , 1 9 7 1 , at the Town Office. Present: Mayor John Dobson Michael D i M i c e l i Tod Anderson Harold Carver Richard Bailey Donald Griest John Donovan Terre 1 1 Minger Clayton Freeman Lawrence Robinson Dr. Thomas Steinberg Ed Struble Upon a motion duly made by Trustee Steinberg and seconded by Trustee Freeman, the Board voted unanimously t o adopt the following resolution: RESOLVED: That the Board of Trustees approve that certain contract with the McCoy Company for the leasing of one Austin Western 99H Motor Grader with snow wing snow plow, serial number 8565, SPU522B, SPU660 and authorized the Mayor and Town Clerk t o execute said contract. The Town Clerk was instructed t o affix a copy of the contract approved by the fore- going resolution to the minutes of this meeting. The Board of Trustees also met with Harold Carver regarding final approval of the municipal building and post office complex. It was agreed t o pay architectural fees of 9 1/4 0 on the Municipal Building and 5 1/4 0 on the post office and 7 1/4 0 total for the project. The complex is slated to go out for bid February 1 5 , 1971, The Board then convened as the Local Liquor Licensing Authority and discussed the transfer of the liquor license of William Winter dba the Lord Gore Club t o Charles Gersbach. It was moved by Dr. Steinberg and seconded by Mr. Richard Bailey to approve and transfer. The vote was unanimous. The Local Liquor Licensing Authority also reviewed an application for a liquor license renewal for Ranald H. MacDonald for the sale of liquor on the premises known as "Kentucky Fried Chicken." The denial of such license was moved by Mr. Tod Anderson and seconded by Mr. Clayton Freeman. The reason for denial is stated in the following proceedings. .v~-~~ ~ TOWN C t .w :. McCOY COMPANY GOVERNMENT AGENCY LEASE AGREEMENT . This Agreement, made the.........ZZ.?ld.....day of .....December in the year of Nineteen Hundred and...l~~......., by and between ......... .atVi ......................................................................... hereinafter called the Lessee, and McCOY COMPANY, hereinafter called the Lessor, WITNESSETH, that the Lessee and the Lessor for the consideration hereinafter named agree as follows: 1. Underthe General Conditions of Lease printed on the reverse side of this sheet, the Lessor hereby leases to the Lessee the following described equipment in good operating,condition, to be used at ornear...........Eagle ................................................................................................................ County, 15th consecutive months. ~~rx~rxvv~r~r~ _ STOCK SERIAL ENGINE NUMBER NUMBER NUMBER ITEM lAustin Western 99H Motor Grade with/ snow wing Snow blow ~ cair 15 ~ Y 75 ~ link ~~~~ . , _ _ . -~' ,,I :, .. ~'. , 28346 an appropriation for the payment of ~~~ and that a certified copy of said Res f - - ~ :~, Records of...T. t Va _____,_ , (~/ . ., 8565 SPU522B SPU660 • RESOLUTION AND CERTIFICATION r Terre 1 1 :J. Minger Clerk o~~•,,pp•~~ o °°eby certify'thatonthe 1'+thdayof Jannarv JIR. ~a Resolution was ado ted b 11~ ? ~ '?' W µ of T 1~ e Town o f V ai 1 ~ in regular P Y meeting ass,embledapproving the within Lease Agreement. I hereby further certify that the budget adopted by the.~~~r~-o.~' T r» ~ *~P ~ for the current year contains an appropriation for payment of the rentals due under and pursuant to the within Lease,Agreement. Town o ~ V a~i~l` ~~~'' (Seal) g~.;~:t ~'~f.-.._ yI~'l~?~`~ UT ............ ...Glerk ,~'"` ~ u GENERAL CONDITIONS OF LEASE r The condilions o€ lease here below stated, together with the Agreement set forth on the reverse side of this sheet, constitute between the parties therein named a contract which is hereafter referred to as this Agreement. ~ 1 .THE RENTAL PERIOD. The Rental Period shall cover all time consumed in transportingg the equipment, including the date of legal delivery to a public carrrer for transit to the e$see and upon return of the equipment, the date of legal Delivery by such carrier to the Lessor. or if no public carrrer ~ used, ihall include the date upon which transit to the Leessee begins and the date upon which transit from the Lessor's unloading points. Retention of said property beyond stated Rental period shall be construed as a continuance of this Lease, at the same rental and under the same terms uhtil said property is re- turned to Lessor.. ... _ 2 DETERMINATION OF RENTAL CHAR~ES. The Lessee., shall pay rental for the entire Rental perm on each article of equipment listed herein, at the rate thexein stipulated. 3. 1'.AXAZENT. X£ Lessee fails to take equipment reset~ved for hnii or cancels this Agreement, the Losses shall pay to the Lessor as the minimum amount due under this Agreement, two {2) per cent of the total sum of values as shown of each article of equrpment, and shall pay as th'e minirnurn rental on each such article, loaded for transit to jthe Lessee, four (4) per cent of such value. 4• LOADING, UNLOADING the Rental Period exceeds thin'~~~1,`r$~,rt~ie~~'~~~~,Ca~-h~$ own expense, shall load the equipment for transit to the Lessee and upon its return unload it, and shall pay all de- murrage charges accruing at his own shipping or receiving oint. If the Rental Period is less than thirty (30) days, the Bove expense shAli be borne by the Lessee. 'Thae Lessee, at his own expense, shall do a]I of and sliallg' unlo~l~~emurrall- mg, dismantling and hauling, pay a ge accruing and all freight and svritching charges in both direc- tions. The Lessor may_ ship the equipment in accordance with his own judgment rf shipping instructions are not furnished within seven (7) days from date of this Agreement. S. RIJCAIrLII~IG AND IZETTJItNING NOTICE, The Lessor may recall any or all equiprnenl•, upon thirty (30) days'wrii:- ten notice to the Lessee, and the Lessee rxiay xeturh any or all equipment upon a like notice to the Lessor. & MAINTENANCE AND OPERATION. The Lessee shall not remove, alter, disf~ rare or cover up any numbering, let- terin , or insignia disp~ayed upon the equrpment, and shall see tat the equipment rs not subjected to careless or need- lessly rough usage; and he shall at his own expense maintain the equipment and its appurtenances in good repair and op- erative condition, and return rt in such condition to the Lessor., 8. DAMAGE TO EQUIPMENT. The Lessee shall iudemnify the Lessor against all loss and damage to equipment during tho Rental Period and the appraisal of any such loss or dam- a~e shall be based on the eouinment values shown. Any short- ase or damage claim of ekhkr party shall be mad; known to the other party within seven (7) days after receipt of equipment, or such claim shall be void. 9, REPAIRS, The expense of all repairs made during the Rental period, in lading labor, material, parts and other Items, shall be pazcd by the Lessee. 10. LIABILITY OF LESSEE. Liability for injury disability "and deathr odf workme~r and o~her rper~o s caused b~ t~e o~- e anon, an ling or ranspor aho o tie equrpme t urr g t~e Rental Period, shall be assurned by the Lessee, and Lessee shall indemnify the Lessor against all such liability. The Lessee shall also indemnify the Lessor against all loss expense and penalty arising from any action on account of damage. to property occasioned by the operation, handling pr transportation of any equipment during the A.en~ 1 Period, saidT~}~rsor~~~ p~oper~~ees to pay all taffies ashessed against ll. INSPECTOR. Before the equipment is loaded for transit to the Lessee, he may require an inspection thereof by proper :~Ialitnii~~~gzuiateif ffilQethi}zri~gr~hm~rihdil~ncaab~tlariiis}li~tt~ shall be paid by the Lessor. The Lessor shall have the right at any time to enter the premises where the equipment is srtuated~ and shall be given tree access thereto and afforded necessary facilities for the purpose of inspection. ~. ~ I2. TITLE, Title to the equipment shall at all times vest in ~ze Lesschr ~ztg ss t~;~ns~erred to the ~.e~~e~t~trouln Csase ~nv essee s a rye e essor rmme ra o ice equipment is levied upon or from any cause becomes liable to seizure. L~. TERMINATION OF AGREEMENT. Should the Lessee defer any payment more than thirty (30) days, or become bankrupt, or Marl to maintain and operate or to return the equipment as prgvzded by this greement, or substant1ially violate any provision thereof, t~e Lessor may, after three ' ~ days' notice, tez2n'nrrte this Agreement, take possession of the equipment wrt~out becoming liable for trepass, and re- - ` cover alI rental due, full damages for any injury to, and all expenses incurred in returning the equipment. . , ,. Should the Lessor fail to ship the equipment in aubstazt- Bally the condition stipulated by this Agreement, or within . ten (].0) days from date thereof; or substantially violate any provision thereof, the Lessee may, upon three (3j days'notice, -- terminate this Agreement, recover all sums paid the Lessor and in case of shipment not in operative condrtron a s specified may return the equipment at the Lessor's expense. 7. SUPPLING OPERATORS. Unless otherwise mutually agreed in writing the Lessee shall supply andpav all opera- ors employed on the ~q~i~ht~nt during the Kerrtal Period, d shall employ none thereon who are incompetent to per- rm their respective duties. Should the Lessor Tarnish any . orators or other workmen for the equipment, they shall be mployees of the Lessee duringg the Rental Period, and-the Lessee shall pay them such saIarv or wages on his regular pay days and provide them,with such traveling expenses board and lodgm as may be agreed between the Lessee and the Lessor. The Lessee shall provide and pay for all work- ... men's ~eompensatian insurance and pay all pay-roll taffies re- quired by law and applying..to such operators..and_ workmen;. . 14. INSURANCE. The 'Lessee shall, at his own expense, .maintain liability, fire and comprehensive insurance rn ad- . , vance Cf shipment. ... 15,...REMOVING AND SUBLETTING. It is further under- stood and agreed that the said lessee shall not cause or suffer -said equipment to be removed from tkie City, Town, County or District of Lessee without the consent of tho Lessor, and shall not assign or transfer said .lease or. any interest herein, nor transfer, sell, lease or sublease said equipment or any dart thereof; nor shall it cause said equipment to be trans- ferred to any other person, whether by voluntary act, opera- tion of law or otherwise. PROCEEDINGS OF THE BOARD OF TRUSTEES OF THE TOWN OF VAIL ACTING AS THE LOCAL LICENSING AUTHORITY IN THE MATTER OF THE APPLICATION OF } RONALD H. MAC DONALD and PAMELA P. ) MAC DONALD FORA RENEWAL OF A BEER, } WINE AND SPIRITUOUS LIQUOR LICENSE. } DECISION THIS MATTER, coming before the Board of Trustees for the • Town of Vail, Colorado, acting as the Local Liquor Licensing Authority, upon the application of Ronald H. ~~cDo~ald and Pamela P. Mac Donald, fora renewal of a "8~ec~~ Wine and Spirit- uous" license for the retail sale of liquor on the premises commonly known as the K e n t u c k yFried Chzck~n" restaurant i.n the lower level of the Casino Building, in the Town of Vail; and the Board having considered the evidence and the documents filed by the applicants at a public meeting held at the hour of 1';30 P. M., January I~, 1971, finds as follows: 1. That the right of the applicants to use their liquor • license a,n the proposed portion of the premises described i.n the lease agreement filed with their application e~~pired or lapsed at the time said premises were leased to Kenneth Wagnon and Jamie Coulter on or about April 22, 1970, insofar as the applicants as of the time of the commencement of the lease to said parties no longer had a right to use said liquor license in the premises. 2. That the applicants do not actually intend to make use of a liquor license in the proposed premises, in the event a renewal of the license is approved by the Board, and in fact, may not actually have a right, by virtue of the "Kentucky Fried Cha.a~¢~" operation to sell liquor in said premises. 3. That the Board does not approve the concept of approving • the issuance of liquor Licasas for premises where, in fact, the applicant is not likely to use same, and does not approve such a practice in view of the criteria generally accepted in determining the "needs of the i~~ighbornood'~ for other licenses. NOW, THEREFORE, in consideration of the findings of the Board and based upon the evidence presented by the applicant, it i~ the unanimous decision of the Board that the application of Ronald H. MacDonald and Pamela P. T~[acAona~.d for a renewal of their liquor license be denied, and that the Board decline to approve said application. It is further ordered that a copy of this decision and order be sent to said applicants, and that any fees paid by said applicants be refunded. Dated this ~'~~~day of January, 1971. • ATTEST: Town Clerk c • • LOCAL LIQUOR LICENSING AUTHORITY FOR THE TOWN OF VAIL, COLORADO Mayor <~ MINUTES OF THE REGULAR MEETING BOARD OF TRUSTEES JANUARY 25, 1971 The regular meeting of the Board of Trustees of the Town of Vail was held, pursuant-to call and notice, at the hour of 7;30 p.m. on Monday, January 25, 1971, at the Vail Elementary School. The following trustees, constituting a quorum, were present: Mayor J Trustee Trustee Trustee Trustee Trustee Trustee ~hn Dobson Richard Bailey John Donovan Tod Anderson Dr. Thomas Steinberg Clayton Freeman Gerry White Also present were TerrellMinger, Town Manager; Larry Robinson, Town Attorney; and Ed Struble, Building Inspector. Mayor Dobson called the meeting to order. The minutes of the regular meeting of the Board of Trustees of December 14, 1970, were read and approved. The minutes of a special meeting of the Board of Trustees of January 14, 1971, were read and approved. The November 31, 1970, financial reports were read. A motion for approval was made by Trustee Freeman, seconded by Trustee Anderson, and the vote for approval of the November 31, 1970, financial re- ports was unanimous. The adoption of "AN ORDINANCE RELATING TO THE SALE AND TRANSFER OF A VEHICLE TO VAIL ASSOCIATES, INC., BY THE TOWN OF VAIL; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO" was read and discussed. A motion was made by Trustee Anderson for approval, seconded by Trustee Bailey, and the vote was unanimous in favor of adoption of Ordinance No. 1, Series of,1971. The adoption of "AN ORDINANCE REQUIRING THE LICENSING OF CONTRACTORS, REGULATING THE ISSUANCE OF CONTRACTORS' LICENSES, ESTABLISHING STANDARDS, PRESCRIBING LICENSE FEES; PROVIDING PENALTIES OF VIOLA- TIONS; AND SETTING FORTH DETAILS IN RELATION THERETO " was discussed, and the question was brought up by Hans W eib elas to whether the licensing fees, Sec. 5 B., were high enough. Ed Struble explained that they were somewhat lower than most of the other cities, and Minger explained that this was a regulatory control, not a revenue producing fee. He further stated that when Vail becomes a Home Rule city, we can place a sales tax on building materials, which is the proper and equitable solution to taxing contractors. Trustee Steinberg brought up the question of whether a person could build his own home without the contractor's qualifications, and Struble answered no. It was also asked by Trustee Anderson whether a build- ing permit is required for exterior painting. Struble answered that he would base his decision solely on whether there were scaffolding involved. The measure is not designed to keep individuals from working on their own homes. A motion to adopt this ordinance was made by Trustee Donovan and seconded by Trustee Bailey. The vote was unanimous in favor of Ordinance No. 2, Series of 1971. The Board of Trustees then considered the proposed ordinance, "AN ORDINANCE FOR THE REGULATION OF TRAFFIC WITHIN THE TOWN OF VAIL. ADOPTING BY REFERENCE THE 'MODEL TRAFFIC CODE FOR COLORADO MUNICI- PALITIES', AS APPROVED AND PUBLISHED IN 1970 BY THE DEPARTMENT OF HIGHWAYS OF THE STATE OF COLORADO AND INCLUDING IN SAID CODE REFER- ENCES TO A SECONDARY CODE OFFICIALLY TITLED 'UNIFORM TRAFFIC CONTROL DEVICES' OF CURRENT ISSUE ALSO PUBLISHED BY THE STATE DEPARTMENT The adoptionof "AN ORDINANCE FOR THE ADOPTION BY REFERENCE OF THE `UNIFORM BUILDING CODE`, 1970 EDITION, VOLUME I, AND `UNIFORM MECHANICAL CODE', 1970 EDITION (DESIGNATED `UNIFORM BUILDING CODE`, VOLUME II), AND `UNIFORM PLUMBING CODE', 1970 EDITION, AND THE `NATIONAL ELECTRIC CODE', 1968 EDITION, .REGULATING THE CONSTRUC- TION. ALTERATION. REPAIR. REMOVAL. DEMOLITIONT~ EQUIPMENT. USE AND OCCUPANCY , LOCATION AND MAINTENANCE OF BUILDI1vGS ' OR OTHER S~'S~UC-- TURES HERETOFORE OR HEREAFTER ERECTED IN THE TOWN OF VAIL; PRO- VIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF; MAKING AMEND- MENTS TO THE FOREGOING CODES; AND SETTING FORTH DETAILS IN RELATION THERETO" was discussed. Some explanations were made by Minger and Struble relating to Sac, 1705, wood veneer, and Sec. 303, cleanup deposits. Struble also made a few comments on Sac, 3305 (~) and {n) relating to stairways. After this first reading of this pro- posed ordinance, a motion was made by Trustee Freeman and seconded by Trustee Anderson to schedule a public hearing on the adoption of the proposed ordinance for 7;30 p,m, on February 22, 1971, at the Vag.], Elementary School, at which time the Board of Trustees would consider the adoption of the ordinance. The vote was unani- mous in favor of this hearing, and the Town Clerk was instructed to publish notice of this public hearing, in accordance with C.R.S. 139-34-3. OF HIGHWAYS; MAKING AMENDMENT TO SAID CODE; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND SETTING FORTH DETAILS IN RELATION THERETO". The mayor advised the Board of Trustees that the pro- posed ordinance was placed on the agenda for first reading as provided in the applicable statutes for the State of Colorado. Following the first reading of the proposed ordinance, a motion was duly made by Trustee White and seconded by Trustee Steinberg to schedule a public hearing for the adoption of the proposed ordinance for 7:30 p.m. on February 22, 1971, at which time the Board of Trustees would consider the adoption of the ordinance. The vote was unanimous in favor of this hearing, and the Town Clerk was instructed to publish notice of public hearing, in ac- cordance with C.R.S. 139-34-3. The contract between the Town of Vail and Apollo Park (near the Blue Cow) for additional parking of a possible 150 cars was read. Motion for approval was made by Trustee Bailey and seconded by Trustee Freeman, and the vote was unanimous in favor of accepting the contract. f The contract between the Town of Vail and Conoco was read and discussed. This contract makes Conoco available to the Town 24 hours a day for towing, while removing the Town from any liability. Anderson brought up the question of whether this ordinance could be made to apply to private property also. Minger pointed out that the Town did not have the facilities to tow cars from private prop- erty at this time. It was suggested that this be brought up at another meeting. Trustee Bailey made a motion for approval, which was seconded by Trustee Freeman. The vote ire favor of this contract was unanimous. The animal control ordinance was discussed, and it was decided to amend it by changing the fines to $5.00 for the first offense, $7.50 for the second offense, and $10.00 for each offense there- after. Trustee Donovan made a motion for approval, Trustee Anderson seconded. The vote was unanimous in favor of amending the dog or- dinance. There is to be further discussion of the Board on a pro- posed leash law and stiffer fines for breaking into the dog pound, ~~~ Several suggestions were made for naming the section of street between Crossroads and over the bridge t o Gore Creek Drive. Trustee Steinberg suggested that something, though maybe not this street, should be named after Seibert. Hans Weibel suggested a contest. It was decided to bring this up at the next meeting, but meanwhile to unofficially call the street "Middle Bridge Street". George Knox Jx'.'s appointment to the Vail Zoning Board of Adjust- ment had expired, but the vote was unanimous that his term be re- newed. Motion was made by Trustee Bailey and seconded by Trustee Freeman. Hans Weibel suggested a need for a guard r a i 1 on Beaver Dam Road t o prevent cars from sliding off into the ditch. Trustee Donovan suggested piling the excess snow there until a rail can be put up in the spring. John Carmody, ice skating instructor, asked if a covered year-round ice rink could be considered in the budget next year. It was ex- plained by members of the Board that there just wasn't enough revenue to justify building one; however, it was agreed to be a very in- viting idea and something t o definitely think about in the future. Larry Robinson, Town Attorney, brought up a question of an applica- tion for a beer and wine license submitted by High Country, Inc., and whether this was to be considered in the moratorium of approval of liquor licenses. The Board was undecided as to whether this moratorium was to include beer and wine licenses (as was High Country's application) or just three-way licenses. It was thought that High Country should be told about this moratorium if it would affect their approval, since they cannot again apply for two years. Minger was instructed t o schedule a meeting for further discussion on this, at which time the Board would decide on either a date to end the moratorium (when the survey on liquor license needs is complete) or whether to include all applications (3.2 beer; wine and beer; and three-way) in this moratorium. There being no further business, the meeting was adjourned at 9;~4 p.m. /~~~~ c~.~~k ~ ,} ~/ 4 _,_ ,~. MINUTES OF A ~~~~ _,,_ BOARD OF JANUARY SPECIAL MEETING TRUSTEES 28y 1971 A special meeting of the Board of Trustees of the Town of Vail was held at 11;00 a.m., January 28, 1971, at Gasthof Gramshammer. The following trustees were present: Trustee Richard Bailey Trustee John Donovan Trustee Tod Anderson Trustee Clayton Freeman Trustee Gerry White Also present was Terrell Minger, Town Manager. In the absence of Mayor Dobson and Dr. Steinberg, the meeting was called to order by Terrell Minger. The Liquor Moratorium was discussed. Since it had never clearly been established whether to include wine and beer and 3.2 beer applications it-a the moratorium, it was decided that after the next meeting of the Board of Trustees, February 8, the moratorium would include all three types of liquor license applications. There was much discussion on whether there were actually a lot of difference between a three-way license and a wine and beer license. Trustee Anderson noted that there is only one beer and wine license and many three-ways, and felt that there is a need for another beer and wine license. Trustee Donovan felt there is hardly any difference and that the Town is saturated with liquor licenses of all types. It was decided that the main difference between the two types of licenses is that a three-way can denote a bar-type establishment, but a wine and beer license would be definitely a restaurant. Trustee Bailey felt that the moratorium should have been publicized, and everyone agreed that applicants for future liquor licenses should be aware of it. High Country, Inc., has applied for a beer and wine license; the hearing is scheduled for February 8, and this moratorium will not apply to this application. The moratorium was originally going to last only until the survey of liquor license needs was completed. It was suggested that the survey should include not only liquor li- censes, but parking needs, etc. Minger said he has tried to find someone to make the survey, but it is hard to find expertise in this area, and he questioned how meaningful the results would be anyway. Trustee Anderson suggested that the Board of Trustees do part of the study themselves and volunteered a reasonable amount of his time to this effort. Minger said he would draw up a list of all the things this survey should encompass, and the Board agreed to try to determine the results themselves. Trustee Donovan men- tioned trying to obtain a copy of a report made on Snowmassfrom Fred Froehlich. Minger will have an ordinance drawn up for the next Town meeting concerning the additional one-cent sales tax for the Town of ~~~.~.. If all the notices are published at the proper times, and if ~~~~y- thing is done as promptly as possible, the new sales tax could go into effect July 1, 1971. It will go to the polls approximately thirty days after the first reading of the ordinance, February 8. Minger estimated that it might result in an additional $75,000 revenue by the end of 1971. There were a few questions brought up as to what would happen if the Town of Vai.~ passed the increase in tax, but pending legislation pre-empted the tax. Minger felt that Vail would be in a much stronger position if the additional one-cent tax was already being collected, and doubted if the state • would act retroactively. Minger stated he would talk to Mike Stran Band Les Fowler, legislators, who could be influential in the passage of this. The sales tax could be used for more paving ~~~ „ projects; a portion could be earmarked for the municipal complex in the first year; the VRA, which was felt to be most important; the purchase of equipment for the maintenance building from Vail Associates; landscaping; recreational uses. Trustee Anderson sug- gested starting a fund for a covered ice rink. Minger suggested building two or more tennis courts, in lieu of having the Recreation District pay for them. Trustee Donovan saw a need for a playgaound with basketball courts and possibly a paddle tennis court. Trustee Anderson also felt there are more important ways to spend the money than on tennis courts. Minger stated that Vail is ready for an open space program. He also felt that the money will be put into a special fund so that the public would know where the additional revenues are going, at least for the first few years. Minger felt that it should not be spent for the golf course or for roads going out to the golf course. Minger suggested that the Board of Trustees should have a joint meeting with the Planning Board soon for discussion of Planned Unit Develop- ment. He would like to hire an assistant who is very strong in planning, zoning, sign review etc., to work with the Building In- spector and to handle the P.U.D. program, as well as general adminis- tration in the near future. Paul Zimmermanfrom Parking Structures International is going to send a parking structure design and cost analysis for the Town of Vail. Trustee Donovan asked whether there could be buildings on the south side to make this structure more attractive. It was agreed that it should be accessible from Frontage Road. Minger reported that the land east of the present Town limits to Bighorn should soon be annexed by the Town of Vail. It can probably be accomplished in four different annexations, each about twenty days apart. Vail Associates has twenty lots on the south stde of the road beyond the golf course and a piece of land across the high- way. It was felt that if we are paying taxes for the golf course, we may as well have jurisdiction over it, plus numerous advantages of controlling land to the east before it is developed. Minger is in the process of hiring a Town Sanitarian who will also be the County Sanitarian, located 50 percent of the time in Vail. The Town will then create special environmental ordinances in regard to restaurant standards and water, air, and sewage pollution ordinances. Minger mentioned having a subcommittee composed of two Board of Trustees members plus two people from the community to make the study of the Holy Cross Franchise. Trustee Donovan wondered if we have to put this much time into it, and Minger felt the best community solu- •.Y tion would be a short-term franchise with good terms and a good fran- `?'.~~ chise fee. Trustee Donovan said in lieu of a fee, we should have -' them bury the cables. Minger felt we can get both. Trustee Donovan j=.:,r~~ would like a negotiating committee made up of Roger Brown, David _'r` Sage, and himself, plus another trustee and one person from Vail -,-:~ Associates. The franchise with Cable TV was discussed, and Trustee ~ ~ Anderson said their services weren't really so good, and Minger added - that we get no taxes or any consideration from them. It was decided ~~ ~, that the Town of Vail should strive for a good tough franchise with .~{-i Holy Cross. Gerry White noted that their service has certainly im- ~_ proved as a result of the Town's study. Minger commented that the Board of Trustees should again commence action on stream dedication by Vail Associates as part of the P.U.D. planning process. Final plans for the municipal building and post office were looked at by Trustee Bailey and Minger this week. Bids will go out February LSth, and should be back by March 15th. Everything is on schedule. It is hoped that construction will start by May 1, 1971. _2_ ~ ~ ~~ Minger observed that the Zoning Ordinance should be amended for resi- dential areas, P.U.D. 's and parking. Ed St'ruble, Building Inspector, also ha s some revisions, which w i 1 1 be worked on; and anew ordinance should be ready within the next few months. Comment was made regarding home rule and it was p ointed out that pending legislation w i 11 not be forthcoming fora few months. Minger indicated that Vail Associates has agreed to participate in the paving costs for Hornsilver, Beaver Dam and Willow Place through a joint V.A. - Town paving program. Minger stated that Cramerus has the first right of refusal t o some land south of the parking lot between the Cornice and the Wedel Inn. The Town has the right of way t o some land north of the Wedel Inn, which he would like to use for additional parking. He would like to trade his first right of refusal for our right of way. In Scottsdale, Arizona, the Design Review process is integrated into the City's planning department. Minger thinks this i s a good idea, applicable to Vail, and hopes to visit Scottsdale and obtain first- hand information. Trustee White brought up the problem of our streams being polluted by UEVSD and whether there were a solution. Minger had asked them t o clean out certain lines so they could be connected to the system, but because of snow depths, it is impossible until spring. Trustee White suggested a fine for water pollution, which Minger said would be part of the function of the Town Sanitarian. Trustee White wants it t o be published and on record that no one should be allowed t o pollute Gore Creek. Donovan fe~a that Gore Creek a.s a fantastic trout stream and should be kept clean, making it a good tourist attraction. Minger felt that many of the pollution problems p~-a~~~ng Vail w i 1 1 be resolved by the Town Sanitarian. Trustee Donovan and Trustee White commented about the status of the Denver Water Diversion project and suggested the Town could have representatives of the Fish and Game Service at one of our Trustee meetings. There being no further business, the meeting was adjourned at ~-: ~~ p•m• • s n erk _3.. MINUTES OF THE REGULAR MEETING BOARD OF TRUSTEES FEBRUARY 8, 1 9 7 1 The regular meeting of the Board of Trustees of the Town of Vail was held, pursuant t o call and notice, at the hour of 7;3p p.m. on Monday, February 8, 1971, at the Vail Elementary School. The following trustees, constituting a quorum, were pre- sent: Mayor J~ Trustee Trustee Trustee Trustee Trustee Trustee ~hn Dobson Richard Bailey John Donovan Tod Anderson Dr. Thomas Steinberg Clayton Freeman Gerry White Also present were Te~r~11. Minger, Town Manager; Larry Robinson, Town Attorney; and Stanley Bernstein, Finance Director. The meeting was called to order by Dr. Thomas Steinberg, Mayor pro-tem. Holy Cross Franchise. The Town w i 1 1 conduct a study for this franchise, and a negotiating committee w i 1 1 be chosen from the Town of Vail. Mr. Taylor Gamblin, representing Holy Cross, stated that Holy Cross ~s ready to negotiate, and that he is willing to meet with whomever the Town chooses for this committee. Mr. Gamblin explained that the time factors of financing, planning, and ordering of materials are items to consider izl conducting this study as early as possible. The Public Utilities Commission of the State of Colo- rado is a regulatory control with certain guidelines and must approve this franchise; therefore, negotiations may be slowed down a little. Mr. Gamblin would like the negotiation committee to hit the high points in theory, then he could turn ~~ over to his legal counsel. Minger asked that Board members suggest names for the negotiation committee, and Trustee Donovan suggested Roger Brown and himself. This w i 1 1 be brought up at a meeting of the Board t o be held in the near future. THE BOARD OF TRUSTEES CONVENED AS THE LOCAL LIQUOR LICENSING AUTHORITY High Country, Inc., Liquor License Hearing. Mayor Dobson convened the Board of Trustees as the Local Licensing Authority t o consider the application of High Country, Inc., for a wine and beer license. He asked the Town Clerk if all required information and fees had been supplied and paid by the applicant. Minger answered yes. The Mayor then asked the Town Attorney if he had reviewed the application and i f it was properly fi 11 e d out in compliance with the Colorado statutes. Larry Robinson, Town Attorney, answered yes. Mayor Dobson then asked the Board of Trustees i f they had reviewed the application and if they had any questions concerning the state- ments made thereon. They had no questions at this point. The Mayor then introduced as evidence a report made by the Chief of Police con- cerning the applicants and premises, which report indicated approval. Mayor Dobson then asked the Town Clerk if any petitions or letters had been received, either in favor of or against the application, and if so, asked that they be read and attached t o the record. There had been no letters oN petitions against approval of this liquor license, but a petition for approval signed by 51 people was introduced as evidence as Exhibit A. The Mayor then stated that the purpose of the hearing was t o comply with the requirements of C.R.S. 1963, 75-2-42, and he read these requirements. Mayor Dobson then declared the public hearing open and asked if there were any parties present that cared to speak for or against the application. There were no people present • iJ who cared to speak against the application. Mr. Stewart Brown, attorney representing the applicants, was then introduced and was asked to introduce the applicants for this license. Richard T. Yates was then called forward and sworn in by Minger, and was asked certain questions by his counsel, Stewart Brown. He was asked what his posi- tion was with this firm and what percentage he held as a stockholder. Yates answered that he i,s Vice President, holding 300 of the shares of this corporation, w~~a,ch was formed December 10, 1970; and he was applying for this license through the corporation, High Country, Inc. Brown then asked him to describe the neighborhood in which he would be using this license. Yates described the neighborhood as being comprised of the Colorado Valley, consisting of West Vail, LionsH~ad, Vail Village, East Vail and Bighorn, and further being comprised of 500-600 people that work here and approximately 4,000-5,000 people that visit here. Brown then asked if he had examined the statistics pertinent to approval of this license. Yates answered that he had looked at the statistics concerning annual ski days, sales tax reve- nues, and the growth of the Vail bank. A report dated November 10, 1969, was introduced as Exhibit B. Brown asked Yates if this was the report that he had examined and Yates' answer was yes. This report had been introduced as evidence of the growth of Vail and the need for more liquor licenses in the hearing of Richard Evancho and the Red Ram ~.n November 10, 1969. It had then been updated and introduced as evidence in the hearing of Corporate Vail in November 16, 1970. It was considered to be a good cross reference of statistical data. There were no further questions asked of Yates by his counsel, and Mr. James R. Williams was asked to come forward and was sworn in by the Town Clerk. Mr. Brown asked him what his part in this corporation is, and Williams answered that he is president of the corporation and owns 500 of the stock. He is presently living in Avon, but is a Fort Collins resident. Mr. Brown asked him if he were the applicant for a license for an establishment a,n the Rosenquist Building and if so, what were his plans for this location. Williams answered yes, he was the applicant for the license in the Rosenquist Building, and that he was planning to operate a pizza restaurant, also serving spaghetti and lasagne, stressing food, rather than liquor. It would be an Italian type restaurant, with all food prepared on t7~~e premises. He explained that he has worked in a restaurant similar to this in Fort Collins for about one year, which restaurant has been very successful., Williams felt that he has a good product, and that there is a need for this type of food here. Brown asked him why he felt this way, and Williams answered that he had made a poll while obtaining signatures for his petition; people had indicated a need for such a restaurant. He further stated that Toph's, a similar operation, also with a wine and beer license, was crowded most of the time. Williams stated that he had obtained five different reports indicating that Toph's was over-crowded and has verified this himself. His restaurant would be approximately twice the size of ~'o~h's. Mr. Brown then asked Williams why he felt this restaurant is needed in the neighborhood and what purpose it would serve. Williams stated that it would fill the gap between the most expensive restaurants and the middle priced restaurants, and he further felt that since Toph's is over-crowded, there is a definite need for this type restaurant. There were no further questions from Stewart Brown, but Trustee Donovan asked if he had a liquor license at his operation in Fort Collins, to which Williams answered no. Williams was then asked why he should have a wine and beer license in Vail, and he answered that the people here expect to have a drink with their meals. He further stated that he had applied for a wine and beer license rather than a three-way license, because he felt he may have a better chance to obtain this kind of a license than a three-way, but would not be interested in a beer license. He also stated that if at a later date, he felt that he would have a good chance of obtain- ing a three-way license, he would not apply for one. Trustee Anderson noted that the statistical data that was entered as Exhibit B was presented at a 3.2 beer liquor license application hearing. NLr. Brown then explained that the report was broad enough to cover all types of liquor needs. Williams said his restaurant would be open between the hours of 11 a.m. and 12 midnight. Trustee White asked if there 4 which would enable the Town t o finally start plans on some of the projects that they have been talking about; for instance, structured parking, a convention center, a covered ice rink. It is inevitable that Vail w i 11 have a three percent sales tax; if the state doesn't impose one, the county is liable to do so. George Knox, from the Vail Trail, suggested that the election scheduled for February 23 was too early for the citizens to become acquainted with the details, and Mayor Dobson stated that this was the third public meeting where the trustees had talked about this sales tax, and that the public was aware, and would be further informed. Ted 1Ci~nde~. asked i f the Trustees had considered any alternatives to raising this money. Mayor Dobson answered the only other alternative would be t o raise the property taxes, but that our biggest revenue producer was the sales tax. It was also pointed out that Eagle has just adopted a 2% city sales tax, and that Aspen already has a 3% sales tax. Ka.ndeJ~ felt that the Board of Trustees should amend this original sales tax ordinance rather than having a formal election. Mayor Dobson stated that he would rely on his legal counsel. Dick E~i~s said that he felt that the citizens should vote for it because it wouldn't really be costing them much money; the tourists would be those who would be spending most of the money. Mayor Dobson decided we should vote t o proceed with one method or another. He then took a poll of the trustees to find if they wanted to proceed with the election or just amend the ordinance, and the poll was unanimous in favor of having an election, waiting the 120 days, and having the sales tax become effective July 1, 1971. Jim Slevin stated that the citizens were worried about where their funds would --3- be spent. I~ would like the funds to be put aside for specific projects, and not used to cover over-spending the budget. I3e further stated that this would make the sales tax more popular to the people. Kindel stated that he felt it was a tragedy that the people of the Town fe 1 t this way, and the decisions on how t o spend the additional money should be made by the Board of Trustees. If the citizens donrt like the way the Trustees spend the money, they should replace the Board on the next election. I3e felt we could get too involved on where the money is to be spent and not enough involved in the need for the sales tax. He felt that people should vote for the tax and not for what it i s going t o be spent on. Trustee Steinberg mentioned drawing up a List of priorities. Then George Knox mentioned that he had several complaints on the way the Town money was being spent - ~~il~.-spent'+ - Mayor Dobson said that he had received no complaints and neither had the Town of Vail, and that if Knox had a specific complaint, he should bring it t o the proper people. Knox noted as examples the paving pro- gram, the parking lot, and landscaping plans on the north side of the Covered Bridge. It was explained that the area adjacent t o the Cov- ered Bridge was full of construction vehicles and that the landscap- ing zs planned for next summer. Mayor Dobson said that if citizens had complaints, they should come forward. Gersbach wondered i f a one-half percent sales tax could be imposed, and it was answered that it would be too confusing. I3e then agreed with Kindel that it a.s better to work on the vehicle rather than the specifics. Daphne Slevin wondered who could vote, and Robinson answered that Vaila.tes must have the qualifications of Colorado voters, which he realized would eliminate quite a few people. Minger then assured the people that the additional sales tax money w i 11 be put in a special fund and every penny w i 1 1 be accounted for. He explained that we w i 1 1 eventually have a 3% city sales tax, and a vote for this tax now w i 11 mean the Town of Vail w i 11 receive this additional money rather than the state or the county, who could impose this tax. If we were Home Rule, they could not do this, but it might take two years to become Home Rule. He felt we should act now. Mayor Dobson then asked the Board of Trustees if they had read the ordinance and if there were any questions. As there were no further questions, the ordinance was passed by unanimous approval after a motion by Trustee Bailey and a second by Trustee Anderson, as Ordinance No. 3, Series of 1971. Minutes from the Regular meeting of the Board of Trustees of January 25, 1971, and the Special Meeting of the Board of Trustees of January 28, 1971, were read. Trustee Donovan motioned these minutes be app roved, and Trustee Bailey seconded, and the minutes from these tWb meetings were unanimously approved. Dog Ordinance. This ordinance was amended at the last meeting of the Board of Trustees, repealing Ordinance No. 13, Series o f 1 9 6 7 and Ordinance No. 1 0, Series o f 1 9 7 0, and unanimously approved at this meeting. The fines for violations of said ordinance were reduced t o $5.00 for first offense, $7.50 for second offense, and $10.00 for third and subsequent offenses. Trustee Donovan motioned for approval and Trustee Freeman seconded. Ordinance No. 4, Series of 1971, was passed. Kindel felt that Sec. 10, relating to out-of- state dogs, should be publicized. Pending Litigation. Larry Robinson then commented on a letter from Peter Cosgriff, attorney, concerning Brown vs, the Town of Mail's municipal court and rules of procedure. Trustee Anderson felt that we don't need to go ahead with this, even though Attorney Cosgriff in his recent letter stated that we should. Kindel wondered whether this would have anything to do with pending complaints. The principal question that remains t o be resolved in the case is whether our form of complaint is legal and adequate, and it won't be resolved unless the case is pursued. Mayor Dobson thinks it reasonable that we pursue it, since 90% of the work has been completed. The Board was unanimous in its decision t o proceed and Mayor Dobson w i 11 advise Mr. Cosgriff t o go ahead. Liquor License Study. Minger stated that he has retained Stanley Switlick, a Cornell graduate in math, on an hourly basis, --4- to help make this survey. He also has asked Duane Pettyjohn from THK planning consultants to help, as he wonders about the validity if locals performed the entire survey. THK is an unbiased planning ~~ firm 100 miles away, and Pettyjohn has done many of these surveys. He w i 1 1 work on an hourly basis t o set up the preliminary outlines at $25.00 per hour. Stanley Switlick was then introduced and he ex- plained an outline that he had presented at that meeting. Mayor Dobson felt that the Board should have an informal talk about this, and Minger was instructed to schedule a meeting for this purpose. Coffee House. Minger explained that there was a growing problem with the 14- 18 year olds, in that there have been several petty the~'ts and break-ins from this age group. He stated that he had talked with Pete Seibert about this, and they had decided that a coffee house or some similar operation might solve some of these problems. Minger thinks that vve can get some free help from the Townspeople, and Rosenquist has agreed t o donate his basement t o this purpose for the remainder of this season. This project would be on atrial basis, and may not work unless we really make this age group feel that this project is theirs. Knox mentioned that Ted Pa~.iac at the Rucksack was clearing out the basement of his store and using 3t as a soda ~ountaa.n--duke box meeting place for teens. Don Simonton and Paul Ketterer have been involved in this kind of thing and w i 1 1 pursue the matter further. Street Name. There was a need for the naming of the road from the Talisman to Gore Creek, and Minger had received a memorandum from Pete Seibert to Bob Parker, which was passed on to the Board, suggesting the name Willow Bridge Road. Trustee Donovan motioned that this name be approved, and Trustee Anderson seconded. Willow Bridge Road was unanimously approved as the name for said road. Trustee Anderson would like the length of the road defined, and xt was said that it starts in front of the Talisman and ends at the stop sign. Parking Problem. Though not on the agenda, Trustee Anderson brought up the parking problem again, with concern t o fire lanes and fhe regulations pertaining to them, especially regarding cars parked ~=.n fire lanes on private property. He asked what the procedure was as far as the Police Department was concerned and was told by Larry Robinson that they could not tow away cars from private property un- less there were an ordinance allowing them to do so. There are ordinances permitting the ticketing of cars on private property, and Larry Robinson was asked to look into these. It was also decided that the fire chief and police chief could work with the individual property owners in determining the boundaries of fire lanes. There being no further business, the meeting was adjourned at 10;00 p.m. .~~i~~G/ ~G~F~ Tow erk nn • _~_ .. MINUTES OF A SPECIAL MEETING BOARD OF TRUSTEES FEBRUARY 12, 1971 A special meeting of the Board of Trustees was held February 12, 1971, at 1.J~:d0 a.m., at Gasthof Gramshammer. The following trustees, constituting a quorum, were present: Mayor J~ Trustee Trustee Trustee Trustee Trustee ~hn Dobson Dr. Thomas Steinberg Clayton Freeman Gerry White Richard Bailey Tod Anderson Also present was Tarral~. J. Minger, Town Manager. The meeting was called to order by Mayor Dobson, chairman. The decision for High Country, Inc., for a wine and beer license was discussed. Trustee White stated that he felt that the Town of Vail, especially in the commercial core, had enough liquor outlets, o.~ a,I~ kinds, and that there was no value being placed on these licenses. He and Trustee Steinberg agreed that applicants assume that their license will be granted, as the Local Licensing Authority has not turned down any applicants yet. White cited Jackson Hole as an example, and explained that they place such a high premium on liquor licenses, that there are no violations. Trustee Anderson asked why we couldn't be just as strict here, and Minger answered that the liquor establishments are patrolled approximately three times each every night, and that a report from the police depart- ment was being turned into the Town Office every month noting the minor violations. Any major violations were, of course, brought to the attention of the Town Office immediately. Minger then said that we could turn down this application on the basis that the Town core was saturated with liquor licenses, and we could encourage applicants to open establishments in the LionsHead or Crossroads area. White noted that there were other factors to consider i~~ grant- ing liquor licenses, such as noise and congestion. It was also brought up that Tophrs was an instant success, and that High Country, Inc., could not compete with Tophrs without a license; and even though this is not the consideration of the Local Liquor Licensing Authority, a granting of a liquor license in this case may encourage the success of a much needed restaurant. Mayor Dbbson then called for a vote. Trustee Bailey, Trustee Dr. Steinberg, Trustee Freeman, and Trustee Anderson were in favor; Trustee White was against; High Country, Inc., application for wine and beer license was approved. The liquor license study was discussed. Minger explained that he felt THK, a planning firm in Denver, should be hired to help with the survey. They are impartial experts; this would be a consideration if the Town was ever taken to court over a license denial based on this survey. It should not be made entirely by locals, although Stanley Swi~7.ick will do a lot of the footwork. THK estimates $1500 for the consultation and questionnaires, and they estimate May 1, 1971, as the date for completion. Trustee White pointed out that Duane P~`~~yjohn, in his outline for the study, grouped hotel rooms and condominiums together, and that he felt they shouldn't be. Trustee Anderson felt that anyone who is going to build in Vail should be aware that the Town will not approve any more licenses until the survey is complete. Trustee Bailey suggested that Bob Nott could mention this in his in- vestors' booklet he is preparing. Trustee Steinberg wondered if there were some way to obtain the total volume of liquor sold in each establish- ment each year, and if there weren't enough sold to warrant a license, take away the license. Mayor Dobson called for a vote; Trustee White motioned to sign the contract with THK; Trustee Steinberg seconded; and the vote for approval was unanimous. The Casino was discussed about it. A meeting had appear. The Town cannot Local Liquor Licensing A based on Ruder's promise complaint. in regard to its noise and what can be done been scheduled but Steve Ruder did not sign a complaint against them, but the uthority could give the Casino a warning, t o control the noise. Pu1~,s will sign a Minger asked if the trustees had heard anything either favorable or unfavorable about the sales tax. Everything they had heard was favorable. Mayor Dobson noted that none of the traditional argu- ments against an increase in sales tax had been presented, as Va~1 is unique in that there are no people on welfare or elderly on fixed incomes. Minger stated that he had written some articles for the Vail Trail explaining this tax, and further explaining that it would be spent for capital improvement and land acquisition; that it would be put into a special fund; that the Townspeople would know exactly where it went; and that it would be audited annually. After some discussion concerning George Kno~'s comments that the public was not being informed of the actions of the Board of Trustees, it was decided to submit a summary of each Town Meeting to the Vail Trail for publi- cation. • Building bids for the Municipal Complex w i 1 1 go out the 1 9th of February. There was some comment about a favorable bond market now, which Trustee Anderson suggested should make quite a difference in the bid results. There being no further business, the meeting was adjourned at 1:15 p.m. nn i~ Town r -- 2 -- r MINUTES OF A SPEC AL MEET ~VG BOARD OF TRUSTEES FEBRUARY 15, 1971 A special meeting of the Board of Trustees was held February 15, 1971, at 7;30 p.m., at the Vail Elementary School. The following Trustees, constituting a quorum, were present: Mayor J Trustee Trustee Trustee Trustee Trustee Trustee Also present were: ~hn Dobson Dr. Thomas Steinberg John Donovan Tod Anderson Clayton Freeman Gerry White Richard Bailey Terrell J. Minger, Town Manager Stanley Bernstein, Finance Director Lawrence Robinson, Town Attorney The meeting was called to order by Mayor Dobson. Mayor Dobson explained that the purpose of this meeting is to explain to the public the election scheduled for February 23, concerning the adoption of an additional one percent Town sales tax. Before going into detail, he introduced into the minutes a resolution of the Vail Resort Association, which resolution supports this increase in sales tax, and is attached to these minutes. Mayor Dobson then asked Town Manager Minger to explain the sales tax. Minger said that there were three questions: 1} What might happen at the state level if the Town of Vail did not take action at this time? 2) Whether or not we really do need the additional funds and how important it would be to the Town of Vail; 3) How would the money be spent? Minger then answered these questions by stating that if the Town did not approve this sales tax, the county or the state could impose one, and that Vail would not then benefit from this tax. He explained the 120 day waiting period after the election, and the fact that if we didn't vote on this February 23, we would have to wait an additional six months for the tax to become effective, as it can become effective only on July 1 or January 1. If we waited even an additional week to vote for this tax, we would miss-out on six months ~ taxes, or an estimated $75, 000 for 1971. It was brought out that Englewood just passed an additional city sales tax by an amendment to their ordinance approved by their Board; not by an election. Minger stated that the money was definitely needed if Vail were to ever be serious about parking structures, open space acquisition, covered ice rink, etc., and that the money would be earmarked for capital improvements and land acquisition. At this time, the Finance Director, Stan Bernstein, was asked to explain the financial benefits of this tax. He stated that a conservative 80 percent of the sales tax would be paid by the tourists; 20 percent by Vail residents. Based on a 1.~ percent increase per year (though it is as high as 30 percent), the Town would receive an additional $171,000 for the entire year of 1971. He estimated $75,000 for the remainder of 1971. In 1980, the Town could receive $400,000; and in a ten-year period of time, the Town would receive 2.7 million dollars, or 7 million dollars on a 30 per- cent increase. Bernstein mentioned possible uses as an ice skating rink, parking facilities, convention facilities, summer recreation facilities, a library, landscaping projects, land acquisition for parks, and street paving. He then explained that the one percent additional tax would be immediately transferred from the General Fund to the Special Revenue Fund for capital improvements and open space purposes. These special revenue fund requirements would be: ~.? Annual budget prepared and adopted (public hearings); 2) Annual appropriation ordinance adopted; 3) Special bank account; ~} Self balancing ledger; ~} Annual independent audit; 6) Publication ~,n local newspaper of financial condition and operations for year. A~~t~r some discussion by the Townspeople, the meeting was adjourned at ScaO p.m. nn .~~~~ /~ Tow k • RESOLUTION The following motion was made in the form of a Resolution, seconded and unanimously carried, at the February 15, 1971, meeting of the Board of Directors of the Vail ResortAsso- ciation THAT the Board of Directors of the Vail Resort Association go on record as supporting the proposition that is going before the voters on February 23, 1971 [TOWN of VAIL ORDINANCE NO. #3-71 ~~ in favor of increasing the local sales tax to o a total of three cents{3~)on the dollar L3/] with the understanding that the ear-marking of the funds from the sales tax increase for land-acquisition and capital investment projects wi I I have the effect of freeing an increased proportion o~ revenues from the general fund for the general advertising and promotion of Vaii,'s year-round tourist business; and, THAT this endorsement should be read into the minutes of the next Town Meeting of the Board of Trustees. VAIL RESORT ASSOCIATION BOARD OF DIRECTORS J. Dudley Abbott, President 15 February 1971 M NUTES OF A REGULAR MEETING BOARD OF TRUSTEES FEBRUARY 22, 1971 A regular meeting of the Board of Trustees of the Town of Vail, was held, pursuant to call and notice, at the hour of 7;3~? ~.m, on Monday, February 22, 1971, at the Vail Elementary School. The following trustees, constituting a quorum, were present: Mayor John Dobson Trustee Gerry White Trustee Dr. Thomas Steinberg Trustee Richard Bailey Trustee John Donovan The meeting was called to order by Mayor Dobson. The financial reports from December 31, 1971, for the Town of Vail, the General Improvement District, the Police Pension Fund, and the Vail Municipal Building Authority were read. Dr. Steinberg made a motion for approval, which was seconded by Trustee Bailey. The vote for approval of the December 31, 1970, financial reports was unanimous. The "Model Traffic Code" Ordinance was reread, after its first reading at the January 25, 1971, meeting. Trustee Dr. Steinberg made a motion for approval, Trustee Donovan seconded; and the vote for approval of Ordinance No. 5, Series of 1971, was unanimous. The "Uniform Building Code" Ordinance was reread after its first reading at the January 25, 1971, meeting. Trustee White motioned for its approval, Trustee Steinberg seconded; and the vote was unanimous in favor of adoption of this Ordinance No. 6, Series of 1971. The Holy Cross Franchise Study was discussed, and Mayor Dobson asked for suggestions from the trustees as to who should be on the committee for negotiations. The names suggested by the Board were David Sage, Joe Langmaid, Dick Peterson, Mitch Hoyt, Merv Lapin, Roger Brown, Warren Pu.lis, and Mayor Dobson, plus John Donovan. David Sage, Dick Peterson, Trustee Donovan, Trustee Dr. Steinberg, and Mayor Dobson were chosen to be members of this committee, and the vote was unanimous in favor of this decision. Minger showed the Trustees a proof of the Town Seal, and they gave him instructions to go ahead with final plans for stationery and emblems for the Town trucks . The Annual Building Report, submitted by Ed Str~uble, Building In- spector, was read and approved by unanimous vote. Minger explained that the ~~.andr~a Lodge was applying for a parking variance, as the code requires 95 spaces, and he has only 77. Minger was instructed to send out an information packet describ- ing the details, and to set up a special meeting for discussion. The Manor Vail Road, Charles Gersbach, and John Amato problem was also brought up. Minger will write them a letter stating that if and when that portion of land adjacent to Manor Vail is annexed to the Town of Vail and there is a requirement for a bridge, we will be willing to pay $1742 toward that bridge, pending approval by the Board of Trustees of its location, construction, design and capabilities. Minger mentioned that he was chosen t o serve on the County Co- ordinating Committee t o control hunting in Gore Valley and would like the Trustees approval of no-hunting 1 i m i t s in the valley. it was decided that Mayor Dobson and Trustee White would be con- sultants and that Minger would work with Kris Moser from Colorado Game, Fish, and Parks t o draw up the resolution. The minutes from the regular meeting of February 8, the special meeting of February 12, and the special meeting of February 15 were read. Trustee White motioned for approval, Trustee Donovan seconded, and the vote was unanimous in favor of approving the minutes. There being no further business, the meeting was dismissed at 8:~5 p.m. nn `I' . e rk Page 2 MINUTES `~~ REGULAR MEETING MARCH 22, 1971 A regular meeting of the Board of Trustees of the Town of Vail was held, pursuant to call and notice, at the hour of 7;30 p.rn, on Monday, March 22, 1971, at the Vail Elementary School. The following trustees, constituting a quorum, were present: Mayor J~ Trustee Trustee Trustee Trustee Trustee ~hn Dobson Tod Anderson Richard Bailey John Donovan Dr. Thomas Steinberg Gerry White The meeting was called to order by Mayor Dobson. CONVENED AS THE VAIL MUNICIPAL BUILDING AUTHORITY. The municipal comple~~ bids were discussed, and Minger read the bids from the three construction companies -- Bickel, Hoyt, and Fags , Bickel was the lowest bidder with the base bid for the municipal comple~~ at $278,150; the base bid for the post office at $213,340; the combination at $474,000; and the council room at $30,300. By using the same construction company for the post office (even though the Town will not finance the post office), as for the municipal comple~~, the savings for the combination is $17,490, or $8,745 per building. In e~~plaining the costs, which are attached to these minutes, it was shown that the legal fees of $10,000 were used to create the Non-Profit Corporation, which is the means by which we can finance the comple~~. It was also e~~plained that since the bids came in lower than we e~~pected, mostly due to elimination of carpeting and other items, we would add $45,000 to the bid for certain amenities. An additional $10,000 would be put aside for furnishings and miscellaneous items -- total cost for the municipal comple~~ would be $399,705, plus $100,000 for the maintenance shop and land, bringing the total bond issue to appro~~imately $500,000. Harold Carver, architect, was then introduced, and he stated that Bickel Construction had listed their subcontractors for roofing, electricity, etc. He introduced Mr. Bickel and his foreman Bob Wilson, and further stated that Bickel Construction had submitted their bid bond a,~d their performance bond will be submitted upon the sale of the bonds. Their bonding capacity a.s appro~~imately $1,000,000. Carver recommended that Bickel be designated as the contractor, and he (Carver) would like to write them a letter stating this. Mayor Dobson asked if anyone had any questions. Trustee Bailey asked if Bickel was working on anything in the vicinity of Vail now. Their answer was no. When asked hnw soon construction could begin, they said they were prepared to begin immediately and be finished by November 15. It was asked if there were a penalty clause included in the contract, and the answer was no. Minger also answered no to Trustee White's question of whether the bid included asphalt and landscaping. He was then asked to e~~- plain how the bonds would be paid off. He said that the non-profit corporation was formed because the statutory requirements of 1896 would limit us to a debt of three percent of our assessed valuation, which wouldn't be enough to finance the municipal comple~~. The non- profit corporation, with the Board of Trustees as directors, can borrow this money by way of selling bonds. They will then lease the municipal comple~~ to the Town of Vail for an amount equivalent to the interest nn the bonds until such time as the bonds are paid off. The municipal comple~~ and the land will then belong to the Town of Vail. When asked what would be done in case of default, Minger said that the Board of Trustees would be forced to use the complex to produce revenue; but, of course, it was highly unlikely that this would ever happen. It was also asked how much the Town of Vail would be paying per year, and Ming~r's answer was $50,000 to $60,000. He also noted that Vail Associates had dedicated the land to the Town free and clear, which land is worth about $200,000. Mayor Dobson asked for a motion for approval to sell $499,705 plus or minus five percent worth of bonds. Trustee White motioned for approval, Trustee Bailey sec- onded, and the vote was unanimous. Mayor Dobson then asked for a motion to award the contract to Bic}<,e1 Construction and to authorize Mr. Carver to write them a letter stating our inten- tions. Trustee Donovan motioned to do this, Trustee Bailey sec- onded, and the vote was unanimous. CONVENED AS LOCAL LIQUOR LICENSING AUTHORITY Rick Evancho presented his plans for a 1400 square foot outside patio addition to Toph's Downstairs. He plans to use this patio year around, with heat coils in the floor and recessed lighting in the walls. It will have a 60-65 person capacity; Top's pres- ently seats 45. Mayor Dobson asked if there were any questions. Trustee Donovan felt that this should be discussed at a private meeting, but the rest of the Board felt it could be settled at this meeting. Trustee Anderson made a motion for approval, Trustee Steinberg seconded. The vote was as follows: Trustee Anderson - yes Trustee Steinberg - yes Trustee White - yes Trustee Bailey - yes Trustee Donovan - no The Evancho application to enlarge Toph's Downstairs was approved. CONVENED AS BOARD OF TRUSTEES Minger reported that, as chairman of the Eagle County Coordinating Committee, he was asked to draft a resolution restricting hunting in Vail Valley. The resolution he presented restricted hunting from the ridge tops on the south to one mile north of the inter- state from the Gore Creek Campground to Dowd Junction. Trustee Donovan and Trustee White thought the resolution should be changed to read "from ridge top to ridge top.'t The resolution also re- stricts all discharge of firearms in that area, and it was sug- gested that an exception be made for the police training area. A new resolution will be drafted and presented at the next Town meeting. An ordinance regarding street cut procedures was presented and ex- plained by Ed Struble, building inspector. The major change in this ordinance, which replaces Ordinance No. 18 (Series of 167), is in the amount necessary for deposits. Some discussion was made regarding these deposits, and it was decided to make additional price estimates on labor and materials, which will be presented at the next Town meeting. A new member to the Sign Review Committee, Mauri Notti~~~ham, was approved by unanimous vote after a motion by Trustee Donovan and a second by Trustee White. Terry Minger then reported on his trip to Scottsdale. He was particularly impressed with their sign ordinance and their design review, which he would like to incorporate in Vail. He also reported on his discussion with Portable Parking Structures, International of Los Angeles, who gave him an estimate of about $1500 per stall for an 1160 car structure. We would have to finance page 2 1 this by our non-profit corporation and charge about $1.25 a day per stall. Vail Associates stated that they would certainly support this idea, as parking was definitely ahigh-priority item. It was agreed that a citizens committee shoud be appointed to study this. Minger also reported that the January sales taxes were up 24% over last year. January of 1970 was 23% over 1969, and 1969 was up 20% over 1968. It was found that some businesses had not been paying sales tax, and that the Town w i 1 1 receive quite a large sum of money from these back taxes. The meeting was then adjourned at 9:x+5 p.m. nn r • • -~~!`~" i page ~ $278,150 213,340 491,490 474,000 17,490 278,150 - 8,745 269,405 30,300 299,705 10,000 35,000 45,000 l~U, UUU 5399,705 $100,000 $499,705' $213.,340 - 8,7+5 204.595 60,000 4,000 12,000 $280,595 $780,300 VAIL MUNICIPAL COMPLEX COSTS Base Bid - Municipal Comple~~ Base Bid - Past Office Combination Bid Both Buildings $8,745 Savings Per Building Base Bid Savings Base Municipal Comple~~ Cost Alternate #1 Municipal Comple~~ with Alternate Legal Fees Architect's Fees 9.4% Additions to Building Furnishings and Miscellaneous Items TOTAL COMPLEX COST Maintenance Shop and Land Total Town of ~ai~ Issue Appro~~imately 7o Bonds Post Office Bid Savings Base Post Office Bid Land Costs Legal Fees Architect's Fees Total Post Office Cost Appro~~imately 6= Bonds Total Non-Profit Corporation Issue • ~H ~ a~N~ x a c~~ d gyp', ~ ~ ~, x ~ ~_v ~ ~' w ~, ~~ ,~ ~, ~ Q ~ ~ • r MUNICIPAL BUILDING Price Per Square Foot Base Bid Alternate #~ Total $22.00 $276,100 $39,600 $315,700 23.00 288,650 41,400 330,050 24.00 301,200 43,200 344,400 25.00 313,750 45,000 358,750 26.00 326,300 46,800 373,100 27.00 338,850 48,600 387,450 28.00 351,400 50,400 401,800 29.00 363,950 52,200 416,150 30.00 376,500 54,000 430,500 31.00 389,050 55,800 444,850 • 32.00 401,600 57,600 459,200 33.00 414,150 59,400 473,550 34.00 426,700 61,200 487,900 35.00 439,250 63,000 502,250 ~ .. . ~ 4... .. r.. .. DENVER ASPEN BOULDER THE SROADMOOR CHERRY GREEK COLORADO 5PRIH6$ ENGLEWQOD FORT COLLINS GRAND JUNCTION EELEY ~L6 LA JTALIA EW YORK CHICAGq .~rGtST $. ~7 ~ ~ Z !!I~ ~ 2311 ~:,.A'~ iJil ~~ s~NC:~.: ~~~o MEMBERS NEW YORK STOCK EXCHANGE AMERICAN STOCK EXCHANGE MIDWEST STACK EXCi-IANGE ~®e~~~her and ~®r~~any fi28 SEVENTEENTH STREET OENVER.COLORADO 802p2 {303) 292-1010 TELETYPE 3031292'•1766 Board o~ ~'ra~~cas .................................................................................................................... .......V'a4~ guxa~c~pal &uL1d4.u~..Au~I~:or~ty....---•-- .......................... 575,(D~0 _ ..legally issued...Vtttl Plttt~iCf~2._8u~~d~~c~-~tt~~9~'.~~y------------------------------------------ For $ ....................................... .... LeaaaP~cXd ~,...a~ .,~ S~ris~~ ~ ...........................................u~,lu~ ~r.------•--•-•----......................_.................................................... ~?ot~~x'~--Colet:tsda dated .......,~~~$~ ~a delivered, to rrs in .:................. . --•---•--------•--•--------...-------------•-----...-----,..:.-----.._....., .... ....... ------------------------------ I9.,.~.~:..-., and to mature and bear interest as follows: $~5 GOAD-2~7'2~h~•s~ 197~,~ ,~~~13C10-X~3.?.~.~~a...197'i...~.r..BQa-1.9.7.8..€~rad..:I37~~...~~6.v000-1980 ~d 19$3 $~+5~Ci10-1.9~2~...~~Q,nA~3~19E~~.~ud 198~~..S~mt~flt~-3.~~5~...b€3-,~~~-1986'...... I said bonds to be in the denomination of$.......5p~~ ......................... bearing interest as shown.....r~~v~3..............,......, payable . ~ . a Oo1o~r~x c~a~t o f our c~av~ac~ semi-annually, both prcne~pai crud interest payable at ........................................ ................................................................ ~~~~~~ .. . .............crud accr•rced interest fr•onr the date of the bonds to the date of delivery W11 liJILL PAY $ ..................................... -- - Prior to our accepting delivery of said Securities, you agree to ficrnish a certified tr°anscript of all legal proceedings requi- site to their issuance and delivery, including a signature and non litigation certificate in the customary form, evidencing the 1:~Yd~o ~a~zd sall~sd~c legality of sand Securities and the securrty prartisions relatrng thereto to the satrsfactron of .............................................................. whose unqualified approving legal opinion in the customary form shall accompany said Securities at delivery. These bonds are to be delivered to rrs on or before.-...-. icy. ~'~*. 1~~~:.... .. or thereafter at orrr option. The cost ofthe printing ofthese bonds will be paid by..........~~ ..................................... and the fees ~' approving attorneys tts will be paid bf....r ..................................•--...-----------.....--------...-------•-• !N' e herewith hand yorr........a. cQ~~i.fie3c~----.--.-..check for $.....~.-.~~~.:.[~9 ........................_.as evidence oforrr good faith in complying with the terms and conditions of this proposal which is to apply as part pcryrnent for said bonds when the legality of same has been approved by our attorneys, and to be forfeited us ficlly liquidated damages should we fail or reficse to take up said bonds as above provided. Said check is to be returned to us if this proposal is not accepted, or f the above attorneys ~h~ul~~eclin 18 a p'®~@ lj~~ 1~ ~jl~ ~' the issue. This offer is for irnrnediate acceptance ztinless otherwise specified a.bo~re, pie ~~~4.vo ~~~~~~~~ ltce '" 6.~~~ (]Encl~sd~ c~~cca~n~ and rr~`r cou~oas, i~ any) ' Respeetfrrlly srrbrnitted, Boettcher and Company r ~ ~, ~ ~~ /+ ~ 1 ..~y - -- ~ W. ~Q~~iu~~~m ....................... C'EPTED for' and 'on behalf of.........~~.1.-Myxt&C~tt~--mtt~ld~.n~.-Aat~so~~,ty : ...............1.:............. y, ...L.......f.....' ...................... '•.~----------------•------------g--;-...-.................'........'.,pursztiant to authorization by its governing 'bod ' and rec i t o the bve nt o d c eck acknowied ed on this date ............... .........:........ ............:.................... 19.............. ~? { ~~~~~ 111 -~ ,--~~~. /~-~~ ~~..~ . Attest:........F.~,,.~~:u..v,.~ ...............::..~i~,t.u~..r~~. ........,_-.-_~.c.......:_~__s....rr... ..:. ~-••---.,...........----•.._ -. tfi ..... ..-- - .... Signa rc ry~G,,/]~ Signature ..........L..... ~E,r~..~Y..4 /:~L .:...........................1.......... . off~~iat xrtte (SEAL) ofF~tat xttte ... ...........t ............. ................ , ...., ,~ DENSER ASPEN eou~oER THE OROAOMOC3R CHERRP CREEK COLORADO SrRINpS ENGLEWQQD FORT COILIN$ GRAND Ji~NCTION GRCELEY P UEBL O '/ILEA ITALIA NEW YORK M ICA64 ~tAENT &,q 7S z ~~{{ ~ N ldld • .,..jtil • ~J.~.:.~,L~ SI ti G E `9~0 Board of Trustees MEMBERS NEid%FORKSTOCK E7fCKANGE AI~IERIC'AN STOCK EICH.4 NGE MIDYY'EST STOCK E.i"CHANGE ~®,~~~Ch~~' ar~d ~®r~~~n~ $2~ SEVENTEENTH STREET DENVER. COLORA00 80202 (303} 292-1010 TELETYPE 303t2S2-i768 Vail Municipal Building Authority .................................................................................................................... Vail, Colorado 225 000 fe Vail Municipal Building Authority Leasehold For $.........' .................................... golly isszted......................... ............................................................................. ~prip~ R delivered to us in......Denver, Colorado ------------------ ------- dated -----April--1.............................------ I9.~ 1......, and to matztre crud bear interest as follows: $10M - 1972 through 1976; $15M - 1977 through 1982; $2pM - 1983.through t~J85~ 2571/I..._...Z~g$6 ......................................................................................................... r said bonds to be in the denomination of $.,~'.-000 bearing interest as shown..-below payable semi-annually, both principal and interest payable at a Colorado bank Of Our selection .................................. ......................................................................................... 225,000 ernd accreted interest rom the date the bonds to the date delizte WE ff'ILLPAF $........~..--~--------------------- f ~ ~ rJ' to us ...................................... ...........,................•....................................................................................................................... ............_......... Prior to our accepting delivery of said ,4eettrities, yott agree to fttrnish a certified transcript ~' all Iega1 proceedings regtti- site to their issuance and delivery, including a signature and non-litigation certificate in the customary form, evidencing the llmad e & legafity of said Securities and the security provisions vefating thereto to the satisfaction of...Ta ..............~...._,...--------------............. --...T allmadge ............... whose ttngttalified approving Iega1 ppiniort in the ctstomary form shall accompany said ~5'ecttrities at delivery. These bonds are to be delivered to us on or before .......May 15, 1971 _.....+-., or thereafter at ottr option. The cost o the vintin o these bonds will be aid b u3 :............and the ees o a tovin attorne s f p S f p Y ......................................... f f pp" S Y us. will be paid by ................................................................................... a certified 5 000 bf' e herewith hand you .............................................. check for $... ~............................................. us evidence of ottr good faith in complying with the terms and conditions ~' this proposal which is to apply as part payment for said bonds when the legality of same has been approved by ottr attorneys, and to be forfeited as fttlly liquidated damages shotdd we fail or refttse to take ttp said bonds as above provided. Send check is to be retttrned to us if this proposal is not accepted, or if the above attorneys should decline to approue the legality ~ the issue. This offer is for intntediate acceptance unless otherwise specified above. 4. Net effective interest rate: 5.90% Respeetfttlly sttbmitted, BoettcF~eee~ and Company / 8~.....~.~~1~.1 ........................~............~~~~~ ,~------.... Dan W. Herrington Vail Municipal Building- Authority ' ACCEPTED for and on behalf ~............... ...........................................•-----..................................-•--------..._..........t;..............._......-----..... ' ' ursc~unt to auto ' t b i s governing .. ...............~--...............---............~-i---'r----••-• - ~-------............--- ........,................................, p nza ion t f. -Y •bod and recet o the bone e t on d ch ~ y ' f ~~ ~ eck acknowledged, on this date,. f~`1 ` .. I9_..~ r Attest:.--•----•-- .~ .........~~~.......::: ~.1~~~:~~ ~.:......... -------- ~/.~.<-;~-. ,.~.../~::i.-`•~.t=~t.,~^ ....... Signature Signature - .................................................................................. 4ff~ia! Title rscA~1 .......................................................... OfficialTitl~ c 4 MINUTES .,' ~ REGULAR MEETING BOARD OF TRUSTEES APRIL 12, 1971 A regular meeting of the Board of Trustees of the Town of Vail was held, pursuant to call and notice, at the hour of 7;30 p,rn,, Monday, April 12, 1971, at the Vail Elementary School. The fol- lowing Trustees, constituting a quorum, were present: Mayor J Trustee Trustee Trustee Trustee Trustee Trustee ~hn Dobson Dr. Thomas Steinberg Gerry White Richard Bailey Tod Anderson Clayton Freeman John Donovan Also present at this meeting were: Terrel.~ J. Minger, Town Manager Stanley Bernstein, Finance Director Larry Robinson, Town Attorney Pete Burnett, Public Facilities Superintendent Jerry Mc Mann, McClave and Wall Accountant The meeting was called to order by Mayor Dobson. The financial reports for January and February, 1971, for the Town of Vail, the Vail Municipal Building Authority, the General Improvement District, and the Police Pension Fund were read and unanimously approved after a motion by Trustee Steinberg and a second by Trustee White. Mayor Dobson and Terry Minger presented a framed resolution, passed by the Board of Trustees, honoring Louis Romero, retiring equipment operator with the Town of Vail. The Resolution ex- pressed the thanks of the Town for his good work and loyalty. He was also given a check for $100. Louis Romero accepted the Resolution and check with a short speech, in which he expressed his thanks to the Town of Vail. A street cut ordinance was read, and Pete Burnett explained that it was the same ordinance as was presented at the last meeting, which was not passed because of questions concerning the Town of Vai~,'s doing the backfilling themselves. Burnett said that the Town could not possibly staff enough people to do this work; and that since we have provisions in the ordinance to protect the Town, he felt this ordinance should be passed. Trustee Anderson motioned for approval, Trustee Bailey seconded, and this street cut ord- inance, Ordinance No. 7, Series of 1971, was passed by unanimous vote. A no hunting resolution, which was first read at the last meeting, was changed to read that no hunting will be allowed from ridge top to ridge top, and an exception was put into the ordinance regarding the police practice range. After a motion by Trustee Donovan and a second by Trustee Steinberg, the resolution was adopted by unani- mous approval. A fire lane ordinance was introduced and explained by Terry Minger, which ordinance describes certain fire lanes within the Town of Vail and provides for removal of parked cars ~,n these fire lanes by the Vail Police Department. A map designating certain areas as fire lanes is a part of this ordinance. A motion was made by Trustee Anderson to approve this ordinance, pending consent of the property owners involved. Trustee White seconded and all were in favor of adoption of this ordinance, Ordinance No. 8, Series of 1971. Terry Minger reported on various Town projects, the first of which was paving. He said that Paul Rip vv from Gl~n~ood Springs will set up a new plant in Vail, and bo~h the Town and Vail Associates will use his company to pave, which should give us a cost reduction. When asked what the paving projects will be for this year, Minger listed the following: I) the entrance street between Gulf and Conoco, almost to the Lodge; 2) the other main entrance road with the divider; 3) Willow Place Circle; ~) Beaver Dam Circle; 5? Horn- silver Circle and the three cut de sacs; ~ ) the Chute (to be torn out and heat coils to be installed); and 7) other minor repairs. These projects will be started in July. Vail Associates stated that they would be spending approximately $100,000 worth of paving this summer. Landscaping projects were then discussed, and Minger cited the following projects: 1.) completion of parking lot landscaping; 2} area north of Covered Bridge (which the Town will landscape themselves); 37 area around tennis courts; ~) entrance to Vail; and 5) Vorlaufer Park. Minger then spoke on legislation and read a letter he wrote to Les Fowler, state senator, regarding home rule. He also read a letter from the mayor and city manager of Boulder asking that we =~ support house bills regarding the Indian Peaks Wilderness Area. It was suggested that some research be made on this. The annexations to the Town of Vail were explained by Minger, who showed on a map how we could annex property east out to Booth Creek. Each annexation must be one-sixth contiguous to the Town boundaries; consequently it will take four separate annexations to obtain this property. The minutes from the meetings of February 22, 1971, and March 22, 1971, were read and approved. The meeting was then adjourned at cussion, at which time the Board the Town and its districts, which and Jerry McMann, _~ '.~ 8;x+5 p.m. for executive dis- reviewed the fiscal reports for were explained by Stan Bernstein , y" ~~ ~~~~~ ~w Clerk nn gage 2 MINUTES OF A SPECIAL MEETING BOARD OF TRUSTEES LOCAL LIQUOR LICENSING AUTHORITY MAY 27, 1971 A special meeting of the Board of Trustees of the Town of Vail was held, pursuant to call and notice, on May 27, 1971, at the hour of 7;30 p.m., at the Vail Clinic. The following trustees, constituting a quorum were present: Mayor J~ Trustee Trustee Trustee Trustee Trustee Trustee ~hn Dobson Dr. Thomas Steinberg Tod Anderson John Donovan Clayton Freeman Gerry White Dick Bailey Also present at this meeting were: Terrell Minger, Town Manager Larry Robinson, Town Attorney The meeting was called to order by Mayor Dobson. Mx~. E. W. Humphrey from General Code Publishers Corporation made a proposal to codify our ordinances, which proposal included editing of present ordinances, publishing them in book form, keeping them current, indexed, etc. This service would cost the Town of Vail between $3,000 and $4,000 for our present ordinances plus $20 a page for each addition, and the contract would run for three years. There were some ob- jections as to the price and the fact that none of the lawyers from this firm have passed the Colorado Bar Examination. It was decided to discuss this at a later date. Mr. Chuck Ogilby and his partner Mr. Carl Fenzel from Apollo Park at Vail were present to ask for a parking variance for their project . Instead of the requirement for 1. 5 ; 1 ~ 11~ park- ing spaces per dwelling unit), they are asking for 1.3:1. They would like to build an additional eighteen-unit building, which would eliminate some parking spaces; but they feel that Apollo Park's proximity to Vail and other factors (for example, successful elimination of parking spaces in a Colorado Springs project) make the 1.5;1 requirement unnecessary. The Board of Trustees will meet with the Planning Commission to determining the specific needs of this neighborhood, but the general feel- ing at this time is that Apollo Park should finish their first phase of building and see how many parking spaces are used be- fore the Board of Trustees will grant them this variance; how- ever, it was also noted that parking space requirements are in the process of being changed now and this may affect the final decision. The Board will notify Ogilby within the next few weeks. Sarah Gartr~n was appointed to the Sign Review Committee after a motion by Trustee Donovan, a second by Trustee White, and unanimous vote of the Board of Trustees. CONVENED AS LOCAL LIQUOR LICENSING AUTHORITY Consideration of change of licensee from Walter James Stalder and Ross E. Davis to Ross E. Davis and Harold and Mary Louise Shaw, Lodge Properties, Inc., was brought before the Authority t by Larry Robinson, Town Attorney. Michael DiMiceli, Police l Chief, stated that these people had been fingerprinted and no unfavorable reports had been received. As all their papers, fees, etc., were in order, Trustee Bailey motioned for approval of this application, Trustee White seconded, and the vote was unanimous. page 2 Stewart Brown was present as counsel for Lord Gore, Ltd., a Colorado corporation, who is making application for transfer of license from Charley Gersbach. Josef (pepi) Langegger was also present as presi- dent of this newly formed corporation. Police Chief Da.Micel,i stated that the principals in this corporation had been fingerprinted and that he had received no unfavorable reports about them. As all papers etc. were in order, Trustee Donovan motioned for approval, Trustee Anderson seconded, and the vote was unanimous for approval of this application. RECONVENED AS VAIL BOARD OF TRUSTEES The minutes from a regular meeting of the Board of Trustees held April 12, 1971, were read and unanimously approved after a motion by Trustee Bailey and a second by Trustee Donovan. The meeting was then adjourned at 9:50 p,m, for an executive discussion. • nn • Tow L erk 'LJ MINUTES REGULAR MEETING BOARD OF TRUSTEES JUNE 14, 1971 A regular meeting of the Board of Trustees of the Town of Vail was held, pursuant to call and notice, at the Vail Elementary School, on the 14th day of June, 1971, at 7;30 p.r~. The fol- lowing trustees, constituting a quorum, were present: Mayor J~ Trustee Trustee Trustee Trustee Trustee ~hn Dobson John Donovan Tod Anderson Dick Bailey Clay Freeman Gerry White Also present at this meeting were: Terrell J. Minger, Town Manager Stan3.av Bernstein. Finance Director • Larry Robinson, Town Attorney The meeting was called to order by Mayor Dobson. An ordinance restricting fireworks within the Town of Vail was read and discussed. Mayor Dobson asked the Trustees ~.~ they had read and understood the proposed ordinance, to which they all answered yes. A motion was then made by Trustee White and seconded by Trustee Anderson; the vote was unanimous in favor of this fireworks ordinance (Ordinance No. 9, Series of 1971}, which was passed as an emergency measure by a required three-fourths majority vote. As Chan Welin had resigned from the Board of Zoning, Appeals and Examiners, and Mitch Hoyt's term had expired, it was suggested that Jim Viele, an engineer from Vail Associates, replace Chan Welin, and that Mitch Hoyt's term be extended to serve until the 24th of June, 1972. Trustee Donovan motioned and Trustee Anderson seconded, and the vote was unanimous a.n favor of ap- pointing Viele to the Board and extending Hoyt's term. An ordinance prohibiting livestock from the streets of the Town of Vail was presented. After reading this ordinance, it was decided that the ordinance should be changed to pro- hibit livestock from CCI and CCII streets only and notfx~om all of the Town streets. It was also suggested that an ex- ception be put in this ordinance which would allow livestock to occupy the streets ~,n parades and other special events. The ordinance will be rewritten and presented at the next Town Meeting. A resolution appointing Erik Edeen to the position of City/ County Health Officer was unanimously passed after a motion~~y Trustee Donovan and a second by Trustee Anderson. The possibility of adopting a noise control ordinance was dis- cussed and tabled after a decision that those who objected to a particular noise could sign complaints. Town Manager Minger then reported on the following: John Lindsay has accepted our invitation to keynote the Symposium to be held in Vail around July 30. page 2 The building of two or three new tennis courts directly east of Golden Peak was discussed. Minger explained that Vail Associates would dedicate the land to the Town of Vail. Dick • Butterworth, Tennis Pro, has made a proposal to the Town that he would be willing to ~in~n~e the cost of a bubble for two courts and would pay to operate them in the winter if he could contract to use the courts for a long term period of five to ten years. The Trustees will discuss this at a future meeting. The funding of building the courts was also discussed and the question of the Recreation District's paying for the construc- tion then giving the courts to the Town to partially satisfy a debt was brought before the Trustees and Trustee Donovan motioned for approval; Trustee White seconded; and the vote in favor was unanimous. The Board asked Minger to check into the possibilities of the Town's absorbing the Recreation District. Minger then reported that the Town was to begin grading of a soccer, football, and baseball field in the Golden Peak area. He explained that Vail Associates would long-term lease or dedicate this land to the Town if we would grade this land, which would be an approximate expenditure of $1,000 to X3.,500, Trustee Anderson wants to see the plans, so the Trustees will look at the site and plans. . On the electric utility study report, Minger stated that the study group had adopted the following policy: a. That its most important task is to do what is best for the Town of Vail; b. That they cannot make a decision until they have more infor- mation as to the availability of electric power; c. Holy Cross has been informed that they should submit to the study group a tentative franchise proposal, but that they were not in the position to negotiate with them. Some of the experts have sug- gested that the best plan for the Town of Vail (assuming that tae can get a power source) would be to own x~ owe service com- pany. Other discussion followed, as to underground wiring, etc. The committee will report to the Board of Trustees upon ,rece~.v- Holy Cross's proposal and upon finding out more information as to the power sources. Minger reported that most of the landscaping, especially that north of the Covered Bridge, will be completed within the next few weeks. Paving projects will begin the first week in July and should be finished within two to three weeks. The appointment of a Library Board was brought to the Trustees, and they are to think of persons who would be willing to serve as part-time librarians, etc. at no cost. Minger reported that the Colorado Municipal League Conference was highly interesting and attended by many. Mayor Dobson, Trustee Anderson, Terry Minger, Stanley Bernstein, and Larry ~ Robinson represented the Town. -~ -,~~ __ In reviewing the Cable TV franchise with the Town, the franchise ^~ ~ i` provides that Cable TV choose a person to represent them on a c. ~~. committee to determine picture quality etc., one person to be ~, W- k appointed by the Town, and another person to be appointed by ~~? ~ ~ the other two. The Board should submit names to either Mayor a-; ~ ~ Dobson or Terry Minger. n The street closing parking arm was discussed, and it was de- cided that the ax~m would be in operation everyday between 8 a.m. and 8 p.m. and would have an attendant on duty at all times to explain that this ~s being used on an experimental ~~ basis, to hand out letters asking for motorists' cooperation, and to let those cars through who she feels have valid reason. It was also agreed that no vehicles except emergency equipment should be let through between the hours of 11 a.m. and 2 p,na. The arm will be in operation in a couple of days. page 3 • " Duane Pe-~tyjohn from THK Associates will be here June 25 ~Q discuss the Liquor Study Report with the Trustees. THK had 11,~~0 questionnaires returned; hence the delay. • An agreement between the Holiday Inn and the Town of Vail. was signed, which agreement holds -the Holiday Inn not liable for injuries to any members or agents of the Town-sponsored Pot- pourri Day Camp, while using their swimming pool. Trustee Anderson made a motion for approval of this agreement, Trustee Donovan seconded, and the vote was unanimous for approval. A full-time dog ca~charT was hired by the Town. A barricade for one side of the one-way street by the Vor-~ Laufer was suggested by Hans Weibel, to keep cars from entering and going the wrong way. Trustee Donovan motioned for approval, Trustee Anderson seconded, and the vote was unanimous in favor of this barricade. There being no further business, the meeting was adjourned at 10:1 p.m. • nn • Town rk • r • MINUTES REGULAR MEETING BOARD OF TRUSTEES JUNE 28, 1971 A regular meeting of the Board of Trustees of the Town of Vail was held, pursuant to call and notice, at the hour of 7;~0 p.m. on Monday, June 28, 1971, at the Vail Clinic. The following Trustees, constituting a quorum, were present: Mayor J~ Trustee Trustee Trustee Trustee Trustee Also present were: ~hn Dobson John Donovan Gerry White Dick Bailey Tod Anderson Dr. Thomas Steinberg Terrell J. Minger, Town Manager Stanley Bernstein, Finance Director Larry Robinson, Town Attorney • AN ORDINANCE PROHIBITING LIVESTOCK ON PUBLIC STREETS WITHIN THE TOWN OF VAIL; PROVIDING PENALTIES FOR VIOLATIONS; AND SETTING FORTH DETAILS IN RELATION THERETO was brought be- fore the Board with the two changes agreed upon by-them at the last meeting -- that the livestock would be prohibited from CCI and CCII only, and that livestock could occupy the streets during special events if approved by the Board of Trustees. Mayor Dobson polled the Trustees as to whether they had read and understood the ordinance. They all indi- cated they had. Trustee Anderson motioned for approval, Trustee Bailey seconded, and the vote was as follows: Trustees Anderson, Bailey, White, Steinberg, and Donovan all voted in favor of adopting this ordinance. No Trustee opposed. Ordinance No. 10, Series of 1971, was approved. Stanley Bernstein, Vail Finance Director, presented and ex- plained the April and May financial vouchers for the Town of Vail. After studying them, Trustee Bailey motioned for approval; Trustee Steinberg seconded; and the following Trustees voted to approve the April and May, 1971, Town of Vail vouchers: Trustee Bailey, Trustee Steinberg, Trustee Donovan, Trustee White, Trustee Anderson. No Trustee op- posed, and the vouchers were approved. Bernstein then ex- plained the computer print out, which is a monthly revenue and expenditure report, also showing the budget figures. Town Manager Minger mentioned that a meeting has been set up for July 1 with Vail Associates to discuss stream tract open space dedication. Duane Pettijohn from THK was an Vail last week and met with the Trustees to discuss the liquor study his firm is con- ducting for Vail. He had approximately 11,000 question- naires returned to him. The report should be almost ~.~~ pages long and should be completed within a week or two. Minger then stated that he had jointly hired, along with Colorado Mountain College and the University of Colorado, a graduate student, Jim Lamont, to work on a Master Plan for the entire valley, including those parts not annexed to the Town. Vail Associates has tentatively agreed to have George Beardsley available for our use. Bob Nott, vice president of real estate for Vail Associates was present at the meeting and fully endorsed this idea. 4 ~ Tod Anderson w a s in a committee 'to quality, etc, ~ as from Cable TV, i s a third member. ~~_l d1 ~..~~~a ~ ~'~~ ~ ~ ~ appointed to represent. the Town of V a i 1 d~terr~ine 'customer relations,. picture discussed .at.the 'last meeting. Don Morris, the other member and he and Tod w i 1 1 pick Dick Butterworth was present at this meeting to ask the Board i f they had made any decisions 'as t o his tennis bub- ble proposal. Mayor Dobson told him that the land owner- ship and dedication must be settled before any decision can be made concerning this bubble. 'There are also problems re- lating t o the zoning ordinance 'and the protective covenants. Bob Nott asked theTrustees' indulgence in the annexation proceedings of the Katsos ranch. The noise and nuisance around the Bridge Street area was brought up, and it was decided t o ask the Vail Police Depart- ment to control this a little better. Jim Ogilvie from the 'Denver Water Board w i 1 1 be here July 1 2 at 7:30 for a public meeting, which w i 1 1 be held ~.x~ conjunc- tion with the regular Town' Meeting. Roger Brown brought up the question of zoning as relating t o two-family units, stating that more than two ".~amilzes~' were occupying homes in areas zoned for only two families. He was asked to write a letter to the Planning Commission requesting a meeting on this subject. There being no further business, the meeting was adjourned at 9;00 p.m. `Tow ~.erk ~G~ nn i page 2 MINUTES REGULAR MEETING BOARDOFTRUSTEES JULY 12, 1971 A regular meeting of the Board of Trustees for the Town of Vail was hetd, pursuant to call and notice at the hour of 7;30 p, m., July 12, 1971, in the meeting room at Vail/LionsHead . The following trustees, constituting a quorum were present: Clay Freeman Tod Anderson Gerry White Dick Bailey Tom Steinberg John Donovan Mayor John Dobson Also present at this meeting was: Terry Minger, Town Manager Jim Ogilvie, from the Denver Water Board, was present to explain their position on water diversion from the western slope. They have hired Parsons, Brinkerhoff, White, and Douglas from New York as consultants. Roger Brown presented a petition signed by 352 people against the water diversion project and requested that it be made a part of the minutes. Several points in opposition to the project were brought up: recycling of the water, conversion to meters, conservation of the water, a study of how not t o use the water f ro m the western slope instead of how to use it; the fact that Denver plans to sell the water instead of using it themselves; the growth of the towns i n the western slope and our need for the water. The discussion continued for some time, and Vailites were told that a decision would be made within the next five years; it i s still in the study stages. The Board then convened as the Local Liquor Licensing Authority to consider transference of ownership of the Deli to A & D Enterprises, It had been leased to Phil LaMantia. Trustee Donovan motioned for approval, Trustee White seconded, and the vote was unanimous for approval. There being no further business, the meeting was adjourned at 10:10 p. m. _ ,~`,, ow Clerk nn • MINUTES REGULAR MEETING BOARD OF TRUSTEES AUGUST 9, 1 9 7 1 A regular meeting of the Board of Trustees for the Town of Vail was held, pursuant t o call and notice, at the hour of 7:30 p.m. , on the 9th day of August, 1971, at the Vail Elemen- tary School. The following Trustees, constituting a quorum, were present: Mayor John Dobson Trustee John Donovan Trustee Clayton Freeman Trustee Thomas Steinberg, M.D. Trustee Richard Bailey Trustee Gerry White Trustee Tod Anderson Also present at this meeting were: Terrell J. Minger, Town Manager Larry Robinson, Town Attorney The meeting was called t o order by Mayor John Dobson. The minutes from the regular meeting of June 28, 1971, were read and unanimously approved after a motion by Trustee Donovan and a second by Trustee Freeman. AN ORDINANCE ANNEXING TO THE TOWN OF VAIL CERTAIN TERRITORY SITUATED I N THE NORTH HALF OF SECTION EIGHT (8) , TOWNSHIP FIVE (5 } , SOUTH, RANGE EIGHTY (BO) WEST OF THE SIXTH PR1N- CIPAL MERIDIAN, COUNTY OF EAGLE; AND SETTING FORTH DETAILS I N RELATION THERETO. was introduced by Larry Robinson, Town Attorney, and read by the Trustees. Mayor Dobson polled the Trustees as to whether they had read and understood this ordinance, and each one replied that they did. Trustee Bailey moved that Ordinance No. 11, Series of 1971, be adopted, Trustee Donovan seconded, and those trustees voting in favor were as follows: Trustee Donovan, Trustee Freeman, Trustee Steinberg, Trustee Bailev, and Trustee Anderson. Trustee White was not yet in attendance. Hans Weibel and Merv Lapin explained their trash removal service t o the Town Trustees. They have purchased two new trucks and have an investment of approximately $90,000. Weibel said that some of the customers had complained about the costs and he was going t o try t o have curb service t o lower costs. Mayor Dobson and the Trustees felt that leaving trash out on the curb was probably in violation of one of our ordinances, but even if it weren't, they felt it was unsightly. A deci- sion as to what type of garbage containers w i 11 be used was also put before the Board along with some other problems, and Mayor Dobson named a committee of Trustees Donovan, Anderson, and Steinberg t o meet with Hans Weibel and Merv Lapin t o discuss these various problems. Terry Minger was requested to set up a meeting within the next two days. The Board then discussed an Agreement relating t o deposits of various forms with the Bank of Vail. The Agreement provides that the Bank of Vail w i 1 1 deposit with the Central Bank and Trust Company of Denver securities in an amount equivalent to deposits made by the Town of Vail with the Bank of Vail, so that in the event there should be any default on the part of ~ the Bank of Vail, the Town w i 1 1 be entitled t o look t o the securities held by the depository bank. After a discussion of the terms of the Agreement, a motion was made t o approve same by Trustee Donovan, which was duly seconded by Trustee White. Upon a vote of the Trustees, the Agreement was unanimously ap- proved, and the Town Treasurer was authorized t o execute same. Terry Minger, Town Manager, reported on the following: Everyone seems t o agree that the First Vail Symposium was an enormous success, but Terry Minger wondered why there weren't more local representation. A meeting w i 1 1 be held in the near future t o discuss the Symposium. Mayor Dobson and Terry Minger toured the new municipal complex and reported that we should be able t o move into it by the end of October. The paving projects are ahead of schedule, and the money seems t o be going further than expected. The Town streets w i 1 1 be finished in about two weeks. Minger then told the Trustees about a Home Rule Workshop being held ~.n Vail at the Mountain Haus August 26 and 27, sponsored • by the Colorado Municipal League. Since Vail will be going Home Rule in January of 1972, it was felt that the Trustees should be interested in attending this conference. • The Denver water diversion project was again brought up and Minger showed the Trustees an article showing how Denver planned t o supply Broomfield with water. The VRA is drawing up a resolu- tion, and it was decided that the Town of Vail should do one also. It was also felt that we should have a meeting with William Lucas, Regional Forester, to have him explain his posi- tion t o us. Charley Gersbach from the VRA asked i f one member of the Board of Trustees could represent the Board and attend the meetings of the VRA. Gerry White was chosen t o represent the Board of Trustees. It was decided to change the nights of the Town meetings from Monday t o Tuesday. After a motion by Trustee Donovan and a second by Trustee White and unanimous vote, it was decided that an ordinance would be drawn up by the next meeting. THE BOARD OF TRUSTEES CONVENED AS THE LOCAL LIQUOR LICENSING AUTHORITY. The Board convened as the Local Liquor Licensing Authority t o consider expansion of liquor license at the Lord Gore Restaurant to include their convention room. Trustee White motioned for approval, Trustee Anderson seconded, and the vote was unanimous for approval. There being no further business, the meeting was adjourned at 9:50 p.m. nn Tawn r c • MINUTES OF THE REGULAR MEETING BOARD OF TRUSTEES AUGUST 23, 1971 The regular meeting of the Board of Trustees of the Town of Vail was held, pursuant to call and notice, at the hour of 7;30 p.m. on Monday, August 23, 1971, at the Vail Elementary School. The following trustees, constituting a quorum, were pre- sent: Mayor John Dobson Trustee Richard Bailey Trustee John Donovan Trustee Dr. Thomas Steinberg Trustee Gerry White Also present were Terrell Minger, Town Manager; Larry Robinson, Town Attorney; and Stanley Bernstein, Finance Director. The meeting was called to order by Mayor Dobson. THE BOARD OF TRUSTEES CONVENED AS THE LOCAL LIQUOR LICENSING AUTHORITY Mayor Dobson convened the Board of Trustees as the Local Liquor Licensing Authority to consider the application of Nattingham~- Rum~o~d Enterprises for a beer, wine, and spirituous liquor license; and the application of Golden Peak Restaurants, Inc. for a beer, wine and spirituous liquor license. Nottingham-Rumford Enterprises - Mayor Dobson asked the Town Clerk, Terrell Minger, if all required information and fees had been supplied and paid by the applicant. Mr. Minger stated that all necessary documents had been filed and all fees paid. The Mayor then asked the Town Attorney, Larry Robinson if he had reviewed the application and if it is properly filled out in compliance with the Colorado Statutes. Mr. Robinson then stated that all documents have been turned in and further stated that the applicant is applying as a partnership. He then referred the plans for the interior layout and location to the Board. The Mayor then asked the Board of Trustees if they had reviewed the application and if they had questions concerning the statements made thereon. The Board had questions concerning the management and operation of the bar and restaurant. The applicant was asked if they propose to operate the bar and restaurant themselves or whether there will be a lessee,Mx. Stewart Brown, Attorney for the applicant, stated that the partnership plans to operate under a management agreement with a professional organization. The Mayor asked the Police Chief to read the findings for the record. As the Police Chief was not present, the Town Attorney answered that the report from the Federal Bureau of Investigation had not been received but these are local people of good character and at such time the report arrives, then it will be brought up if there is a problem. The Mayor then asked the Town Clerk if any petitions or letters were received, either in favor of or against the application and, if so, asked that they be read and attached to the record. A petition in favor of granting the subject license, signed by 150 persons, was presented by Mr. Brown which was marked E~;hibit "A". The Town Clerk read a letter from the Kiandx~a Lodge endorsing the granting of the license, which letter was labeled E~;hibit "B" The Mayor then stated that the purpose of the hearing is to comply with the requirements of Colorado Revised Statute 1963, 75-2-42 {2) which he then read. The public hearing was then declared open by the Mayor. The Mayor asked if there were any parties present that cared to speak for or against the application. Those who were for the application were asked to stand and give their name and address to the reporter. Mr. Brown, attorney for the appli- cant stated that he would call these people during the presentation of his case. The Mayor asked those who were against the application to stand and give their name and address to the reporter. Mr. Pepi Gramshammer, Vail, Colorado requested that a letter against the granting of the license, addressed to the Town of Vail, be read at this time. The letter was read by the Town Clerk and labeled E~;hibit ,~~,, Mr. Brown then began the presentation of his clients' case to the Local Liquor Licensing Authority. Mr. Brown requested that the Minutes of the Regular Meeting Board of Trustees August 23, 1971 Page 2 statistical data to be presented be admitted as evidence for both the application of Nottingham-Rumford Enterprises and for Golden Peak Restaurants, Inc. The Town Attorney and Larry Wright, attorney for Golden Peak Restaurants, Inc. both accepted the information as evidence. Mr. Brown stated that witnesses will be used to autl-,enti- cate the evidence for use a.n both cases. Mr. Brown then made a motion that any member of the Licensing Authority who has a proprie- tary interest in the liquor license disqualify himself. Mr. Donovan then refused to disqualify himself and stated that he would do so at the time of voting. Certain documents contained in papers which have been admitted in previous hearings were asked to be admitted by administrative notice; specifically, E~;hibit "G" . Mr. Brown then stated that we must establish the credibility of the documents that have not been admitted before. The Board then pointed out that the Harmon-O'Donnell study may have little veracity at this time and the report is several years old. Mr. Robinson pointed out that we should not admit this report as it is not present and there are certain people who are not familiar with this report. Mayor Dobson then stated that we will weigh the veracity and pertinency of the document as we make our decision. E~;hibit ''D" was then presented by Mr. Brown which is an eight year comparison of skier days compiled by Vail Associates. This document was previously admitted e~~cept . for the 1970 and 1971 figures. A request was made that this E~;hibit be admitted by administrative notice with the 1970 and 1971 figures to be documented by testimony. E~;hibit F was presented by Mr. Brown which is a summary of sales ta~~ and assessed valuation. Mr. Brown asked that this document in its entirety be admitted by administra- tive notice because the figures are part of the Town records. The following witnesses were then sworn in by the Town Clerk: Mr. F. Blake Lynch, Mr. Maurice M. Nottingham, Mr. Robert G. Howlett and Mrs. Nancy Nottingham. Mr. Lynch was then called to the stand by Mr. Brown and presented with E~;hibit ~~A" and asked to identify the document con- sisting of two pages. This E~;hibit is an analysis of beds added to the Vail community since November 1969 and restaurant and bar seats added since November 1969. Mr. Lynch stated that he made the compila- tion and stated that there were some assumptions made from building plans in some cases; namely, Edelweiss, Scorpio, and Lions Mane. The assumption was also made that there were two beds per bedroom. All of the bed in lodges and condominiums now under construction were also counted in the document. Mr. Larry Wright then stated that Mr. Jerry Muth would document the skier day analysis. Mr. Jerry Muth was then sworn in and presented with E~;hibit "E" entitled Vail Associates Skier Days Eight Year Comparison. Mr. Muth identified the document and stated that figures were true to the best of his knowledge. Another section of E~;hibit "E", Vail Associates Skier Day Analysis 1970-1971, was then presented to Mr. Muth and he stated that he could identify the document and the figures were compiled under his supervision and are true to the best of his knowledge. Mr. Nottingham was then called to the stand to identify E~;hibit "G" which is a map of the village showing locations of liquor licenses already issued. Mr. Nottingham stated that the map correctly identi- fied these locations. Mr. Brown then moved that all e~~hibits which had been presented thus far be admitted as evidence; that is, E~;hibits "A" through "G". Mrs. Nottingham was then called to the stand. She stated that she is one of the applicants and has per- sonally prepared and helped to circulate the petition which contains sip; pages. She was then asked if she talked to each of the persons who signed the petitions and was asked to describe the procedure used in obtaining signatures. Mrs. Nottingham stated affirmative to the question and said that each person who was asked to sign the petition was told that the Talisman was seeking a liquor license and asked to sign the petition on their behalf. She further stated that each person who signed the petition had read and understood its contents. Mr. Nottingham was again called to the stand and asked if he was a partner in Nottingham-Rumford Enterprises. He answered in the affirmative and further stated that his occupation is as general manager of the Talisman Lodge. He then outlined the business as authorized by the State of Colorado. Nottingham-Rumford ~ Associates Minutes of the Regular Meeting Board of Trustees August 23, 1971 Page 3 • is made up of four general partners, Mr. and Mrs. Nottingham and Mr. and Mis. Rumford. There are appro~~imately 34 other limited partners. A sub-partnership agreement was signed by the partnership authorizing the principals to act in behalf of the partnership to facilitate the application for the liquor license. The lease is between general partners and limited partners and is a valid lease. Premises being leased are located in the Talisman Lodge and a floor plan of the lower floor and floor plan showing restaurant arrange- ment have been signed by the partners. The restaurant plan contains everything pertinent e~~cept chair and table arrangement. It was then moved that the lease and floor plan drawings be admitted as evidence. Mr. Robinson then e~~amined the lease agreement and stated that the lease is incomplete as to period of time and amount of rental. Mr. Brown moved for a recess and it was granted. The meeting was then reconvened by Mayor Dobson. Mr. Brown moved that the lease, now e~~ecuted by the limited partnership be admitted as evidence. The lease was admitted and marked E~;hibit 'fG". The Board then stated that they had some questions for Mr. Nottingham. Mx'. Borwn asked Mr. Nottingham to tell the Board a little about his partner, Mr. Rumford. He stated that Mr. Rumford is a long-time friend and that they got together on the Talisman in 1968. They had known each other at University of Colorado and now Mr. Rumford is a teacher in the math department at Greeley. Mr. Rumford has been very active in the administration of the Talisman. Mr. Rumford was then in- troduced to the Board by Mr. Nottingham. He further stated that neither of the partners have any restaurant e~~perience. They first considered the plan of leasing the space to an e~~perienced operator. They tried for about sip; months to find a lessee who would improve space but this was unsuccessful due to the large amount of capital investment necessary on the part of the lessee. Mr. Nottingham was then asked what qualifications they were requiring of the person to be hired as a manager. He stated that the manager must have the e~~perience we (Nottingham and Rumford) do not have but he will be under our general management. He must be someone who has been a restaurant operator and the partnership will insist that they have such a person to operate the restaurant and bar. He stated that they wish to go into operation this winter i~ they are able to find management. Mr. Brown then questioned Mr. Nottingham about why the license was applied for before the management question was settled. Mr. Nottingham stated that they had to apply for their liquor license before the manager was found because the ground work must be set before the ski season. Mr. Nottingham and Mr. Rumford had not been in the lodge business before the Talisman just as they have not been in the restaurant business, but they feel they will be successful with a restaurant manager and a lodge manager under their general supervision. The Board then wanted to know about the proposed decor of the restaurant and bar. The present lodge is designed as Scottis~- English with dark wood interiors. They are thinking in terms of red carpeting and dividing the bar from the dining area. They are not sure yet what items will be on the menu but it will be moderately priced which will cater to families with children. They plan to allow the manager to work out the details. Mr. Brown then questioned Mr. Nottingham about the size of the Talisman and the proposed res- taurant and bar facility. Mr. Nottingham stated that there are 62 lodge rooms and 16 condominium units. They estimate their guest capacity at 200 minimum. Mr. Nottingham was then asked to define the Talisman's neighborhood as required by the State Liquor Code. Mr. I~.ttingham stated that the proposed neighborhood will be the whole Gore Valley and potential visitors to the Valley. He further stated that the proposed facility is necessary due to overcrowding last winter and that he is aware of other facilities in Vail. Visitors staying at the Talisman stated that they could not get into specified restaurants. He feels the Town needs the proposed space to do away with the present shortage. This is also needed to serve his own guests and banquet facilities. Mr. Nottingham feels there is a need for convenient, on-site restaurant and full service hotel as a convenience to his guests. Dr. Steinberg then asked how many meals per day the restaurant proposes to serve. Mr. Nottingham stated that they are planning to serve breakfast. They currently Minutes of the Regular Meeting Board of Trustees August 23, 1971 Page 4 serve a continental breakfast to appro~~imately 60 guests per day and with the new rooms, this will increase to appro~~imately 100 per day. Mayor Dobson then asked Mr. Nottingham to relate the events pre- cipitating the hearing. Mr. Nottingham stated that the restaurant was planned izl 1969 when the building was planned. They started out with the idea of leasing until very recently. They deferred making application for the license pending lease operations. They then made application when a.t appeared there was to be no lessee. They also thought that there would be a manager by the time the hearing was held. He further stated that the restaurant facilities are presently under construction at this time and it is appro~~imately 40o complete and is scheduled for completion a.n mid-November. They have appro~~i- mately $100,000 invested in the restaurant space alone. It would cost the partnership $12,000 to $18,000 per year to have the facility standing empty, which would be a considerable loss to the partnership. As it became clear that they were not going to find a lessee, they made a change ~n plans to get into the restaurant business them- selves and apply for the liquor license, as they were put under pressure by the circumstances. Mayor Dobson then asked how all of this can be related to the needs of the neighborhood because this iw the question that the Board must answer. He further stated that economic hardship is not a matter that is relevant to the Board but economic relationships are necessary to consider. Mr. Donovan then • asked if the liquor license is necessary for the restaurant to be successful. Mr. Nottingham stated that they would not operate without a liquor license, and that the space now proposed would not be im- proved. Mr. Donovan then pointed out that the Board has 30 days to decide and it will take some time to get this much furniture and it is possible the Talisman will miss the Christmas season even i~ the license as granted. Mayor Dobson then asked if they planned to have entertainment. Mr. Nottingham stated that if they have any it will be very quiet, uz~arnplified music and under no circumstances will they have a night club. Mr. Robert Gordon Howlett, manager of the Talisman since last October, was then called to the stand. Mr. How- lett stated that he has come into contact with visitors in Vail and has talked about the availability of restaurants and bars. His e~~- perience has been that during the peak season many visitors have asked him where to have dinner and he has called the Blue Cow and was told that they were full but could take guests after 9:00. He stated that he also recommended that guests go to the Ore House between 7:00 and 7:30. Guests returned and told him that there was a waiting list of one and one-half hours to get food service. We can assume that the St. Moritz has the same situation since they • take reservations and are usually filled up. These are very common instances. This is a Ironic problem. Mr. Brown then asked the following question of Mr. Howlett. based upon observations, do you believe that there is a need for additional facilities during the ski season? Mr. Howlett stated that he feels the present facilities available are inadequate to meet the demands of the people during ski season and restaurants can't handle people during peak times based on actual complaints. They are looking for convention type trade in the summer and it is essential that they have a restaurant to handle this convention business. Mr. Robert T. Lazier was then called to the stand and sworn in. He stated that he had heard Mr. Howlett's testimony and has found the same type of complaints from his guests, He has also had the same problems himself even though he knows the owners personally. He has had this e~~perience himself at the Clock Tower, St. Moritz, Red Lion and LaCave. This has happened on more than one occasion. It has been a frequent occurrence. Mr, Lazier feels this is a problem because there ~s a general feeling of not being able to plan an evening out because they can't eat at the time they choose. It is his opinion that restaurant facilities are not adequate to serve the neighborhood during peak season and that additional restaurant facilities would improve cir- cumstances. Mr. Lazier feels there is room for more restaurants in • Vail due to the needs of the neighborhood. The applicant completed his testimony and rested his case. Mayor Dobson asked if there were further questions. Mr. White then wanted to know if Mr. Brown had Minutes of the R~gu1a~? Meeting Board of Trustees August 23, 1971 Page 5 talked with Mr. Beardsley in the last three years and he stated that he had not. Mr. White pointed out that Mr. Beardsley could have changed his mind on the formula by now. Mr. Pepi Gramshammer then wanted to know if the liquor survey had been completed. The Board stated that a preliminary copy had been received, but due to some inaccurate information must be redone before the final copy will be presented. This survey will be made available as soon as possible. Mayor Dobson then asked for any opposition and there was none presented. Mr. Brown then made his closing statement. Ex- hibits "A" through "G" draw attention of the Board to increase in beds since 1969 of 2,071 beds. Restaurant and bar seats increased by 861 which includes the 325 seats in the Hungry Skier Cafeteria which he feels should not be included for our purposes here. He then summarized the total beds and restaurant seats constructed in Vail since its conception. There are a total of 3,016 lodge beds, 4,667 condominium beds and 3,022 restaurant and bar seats. He feels the tabulation is reliable within narrow limits. The purpose of their investigation into the restaurant and bar seats and beds is to feed information into the original projection of Harmon, ~'Donne~l and Henna.nger study which has been the only comparison of restau- rant seats in respect to beds. He doesn~t feel that this kind of study becomes obsolete over a period of three years and it has held true during these years. Beardsley's projections for beds and bar seats was proper and has worked out almost exactly. Exhibit "C" brings the projections up to date with 3,016 lodge beds, and 4,767 condominium beds fora total meal requirement of 7,065 meals per day. If you apply the formula of 2.07 restaurant seats per bed, the requirement for restaurant seats based on the formula would be 3,365 and we now have a total of 3,022 restaurant seats in Vail, which is 343 less than the projection called for. This would permit the inference that we need 343 more restaurant seats. Mr. Brown then summarized skier day attendance which continues to gain at about 25o per year. Exhibit "~" shows that peak period is period over Thanksgiving, Christmas and Easter and the month of March and that more than 66= of total skiers are here during these peak times. Let us not overlook that peak time affects 660 of visitors to Vail. This peak period has always supported issuance of new liquor licenses in Vail. Mr. Brown then pointed out that the business structure of the Talisman (the su.b-partnership} is a proper and expedient device and about two-thirds of liquor license applicants use exactly the same device. The lease to the partnership is all that the law re- quires for proof of possession of the premises. The installation of the facility must be complete according to the Liquor Code but it allows the inspector to come instead of these being in place before the license is issued. If we are not certain about the type of furniture, this should not be held as a point of law. The Board should put aside their appraisal on this score i7z view of the fact that the State will not grant the license until installation is in place. He feels that the needs of the neighborhood will be met ~y this facility due to convenience of restaurant to visitors. Mr. Brown pointed out that ~f the Board denies the license, the appli- cant is denied for a period of two years. If the Board wants more information, they can defer the decision and this will not exclude the applicant from reapplying as soon as he wants. The law does not require such a showing and applicant must only be responsible for what he wants to do. Mr. l~ottingham and Mr. Rumford will make up for their own deficient experience by hiring a manager. They are by law accepting the responsibility and will delegate management authority to a hired manager who will be the kind of man who will be a good manager, Mayor Dobson then asked a,f there were any more comments. Mr. Frank Dahl of Meadow Mountain stated that during his experience at Meadow Mountain, people asked him for a place to eat in Vail. Many people stay outside the area and they want to eat here when they finish skiing. Mr. Dahl felt that 2~0 or 300 more seats in this community in the Winter would not hurt anyones' business. He feels that better service due to increased facilities will cause people to leave here much happier because they didn't have to drive 100 miles to eat. We must also consider the people who come here from other areas such as Denver who don't stay here-- from this standpoint the bed count doesn't mean that much. Mr. Pepi Gramshammer then asked how many lodge rooms we have in Vail. Mr. Brown stated that we have added 166 lodge beds since November 1969. Minutes of the Regular Meeting Board of Trustees August 2 3, 1 9 7 1 Page 6 Mayor Dobson closed the public hearing. Mayor Dobson then stated that a decision of the Local Liquor Licensing Authority, approving or denying the application shall be in, writing within 30 days after the date of the public hearing, and that a copy of such decision shall be sent by certified m a i 1 t o the applicant at the address as shown in the application. The Mayor then thanked the applicants and the public for their cooperation and participation in the proceeding. Golden Peak Restaurants, Inc. - Mayor Dobson asked the Town Clerk, Terrell Manger, if all required information and fees had been supplied and paid by the applicant. Mr. Minger stated that all necessary documents had been filed and all fees paid. The Mayor then asked the Town Attorney, Larry Robinson i f he had reviewed the application and if it is properly filled out in complaince with the Colorado Statutes. Mr. Robinson then stated that all documents have been turned in and further stated that the applicant i s applying as a corporation. The Mayor then asked the Board of Trustees t o review the application and to state their questions about the application. There were no questions. The Mayor then asked the Police Chief if he conducted an investigation of the applicants and of the premises • and has submitted his findings in writing to the Town Clerk and Board. As the Police Chief was not present, Mr. Robinson stated that no report has been received from the Federal Bureau of Investigation but all other requirements have been received. The Mayor then asked the Town Clerk if any petitions or letters have been received, either in favor of or against the application and a.f so, asked that they be read and attached t o the record. A letter admitted as evidence and marked Exhibit "C" in the Nottingham-Rumford application wa s admitted as apart of Golden Peak Restaurants case. The Mayor stated that the purpose of the hearing is t o comply with the requirements of Colorado Revised Statute 1963, 75-2-72 (2) which he had read in the prior case. The public hearing was then declared open by the Mayor. The Mayor then asked for persons for or against the application t o speak. Larry Wright, attorney for Golden Peak Restaurants, Inc., was then asked if he had anything t o present in support of the application. Mr. Wright then called the following witnesses t o be sworn in: Messrs. Jerry Muth, Rod Slifer, Jerry Whittaker, Robert Nott, Robert Lazier, James Cunningham and Dick Butterworth. Mr. Wright then asked that all Exhibits "A" through f'G" admitted in the Nottingham-Rumford case be admitted ~,n this case by administrative notice and this was done and w i 1 1 be marked Exhibit "A" Mr. Muth was then called t o the stand and asked to identify four photographs of the Golden Peak Facility. Mr. Muth stated that he was familiar with the facility and that it is about 65 - 70% complete and the proposed restaurant facility w i 11 be Golden Peak Restaurants, Inc. which w i 11 lease the facility from Vail. Associates. The business management of the operation w i 1 1 be done by Vail Food Service, Inc. under a management agreement. All three mountain restaurants operate under this same plan. Lease between Golden Peak Restaurants, Inc. and Vail Restaurants, Inc. was identified by Mr. Muth and labeled Exhibit "F". The facility contains 2,000 square feet of restaurant plus 800 square feet of kitchen space. Mr. Muth stated that he has compiled skier day in- formation and growth which Mr. Muth then summarized. This was marked Exhibit "~", He further stated that Golden Peak is advertised as a ski school and he has had many complaints from parties because there are no restaurants or bars in the Golden Peak neighborhood. There are approximately 430 students per day and the need for a restaurant and bar here is obvious. There is sufficient demand by the skier, ski school, those using lift #6 and also the ski club. There is also a demand in the Summer due to the tennis activities at Gold Peak. Until Lord Gore Club opened there was no other outlet in the east part of Town. Mr. Donovan then asked what the proposed hours of the facility would be. Mr. Muth answered that it would probably be open approximately the same hours that the lifts are open and would probably not serve dinner, but would 1 ik e t o keep the option open so that they could serve dinner at some future date. They contemplate the menu as one in the low price range and want to offer breakfast for staff and ski school and the ski club. They would offer cafeteria type lunches and propose t o have the bar open from 11:00 t o 7 :00. They would offer snak type meals in connection with the bar. if they do decide to serve dinner Minutes of the Regular Meeting Board of Trustees August 23, 1971 Page 7 prices will be ~n the $1.50 to $3.00 range. Mr. Donovan then asked if they felt i~ was imperative to operate with a liquor license. Mr. Muth answered yes and also stated that they would operate even without a liquor license. Mr. Whittaker was then called to the stand and asked to identify the lease before the Board between Golden Peak Restaurants, Inc. and Vail Food Services, Inc. I~r>, Whittaker identified the lease and further stated that Vail Food Services, Inc. will be handling food service under their directorship, including all hiring, firing, etc. for the entire operation. The lease was labeled Exhibit "H". Mr. Whittaker stated that he feels there is a need for this type of facility because there are no other facilities of this type in the area to serve the public. He stated that the operation will be cafeteria style meals between 7:00 a.m. and 7;00 ~,m, The restaurant capacity is between 120 and 140 and the bar capacity is approximately 60. Mr. Robert Nott was then called to the stand and asked if he is familiar with the Gold Peak area. He stated that Vail Associates, Inc. owns property that is undeveloped of 10.7 acres that lies east of Gold Peak Restaurant which is open area zoned HDMF which will be developed by Vail Associates or sold for develop- ment. He feels that there is potential for many people in the area due to the hockey field, six tennis courts and three additional ones being built, and the ski school in the winter. He would be in favor of another liquor outlet for the region, both as a resident of the area and Vice President of Real Estate for Vail Associates. Mr. Rod Slifer was then called to the stand as a character reference for the applicants. He stated that the applicants are good people and would operate a facility in a good manner. Mr. Wright then inquired what he felt the potential growth would be. Mr. S1.i~er stated that there would be skier demand a.n winter and summer activity is increasing. He feels strongly that the facility would offer service and would help the Recreation District in summer as well as skiers in the winter. He would have no objection to this type of facility in the Gold Peak area. Mr. Robert Lazier was then called to the stand as a resident of the area. He stated that the Ti.vol.i Lodge is about one block from the proposed restaurant which he feels would be very convenient for his guests and would fill a need that now exists. Mr. Lazier would not have any objections in the neighborhood considering the hours that the facility is proposing. Mr. James Cunningham was then called to the stand and stated that the Valhalla, which he owns, is about one and one-fourth blocks from Gold Peak. He feels there are several needs that this facility would satisfy. The Valhalla is a family lodge and there are two demands which would be filled--low cost food, light lunch and breakfast. He would not object except if it were a night club. He feels it would be helpful in getting people to flow through the Village and not just in the core area. He personally knows two of the three applicants and feels they are of good character. The two applicants he knows have lived at Ptarmigan Townhouses which he owns. Mr. Dick Butterworth was then called to the stand. He feels there is a need in the area for this type of a facility because of the tennis courts and the three courts now being constructed since we will probably have twice as many people next Summer. He feels there is a tremendous need for a place for people to eat while waiting for courts and to have a place for a drink after they play tennis. This could help make Vai1's tennis club a very high class type place. He would also have no objections to the facility as a resident of the area. The Mayor then asked if there are opponents of the license. There were none. Mayor Dobson then asked if the attorney for Gold Peak Restaurants, Inc. would like to make a closing statement. Mr', Wright then gave the following closing statement. We have tried to show that i~ that part of Town there is a need and a particular need due to skiers, golf and tennis are growing. The drawing power of the neighborhood is very great. There is a unique need and people in the neighborhood do not have any objections to it. He would like for the Board to take all of this into consideration. LJ Minutes of the Regular Meeting Board of Trustees August 2 3, 1 9 7 1 Page 8 CONVENED AS BOARD OF TRUSTEES Mr. Terry Brennan asked to come before the Board to present his ideas for a walking sign. His proposed sign would be $'~ x 2~" and would be available for advertising from any type of advertising. He proposes t o work six days per week for approximately six hours per day. He had previously presented the sign t o the Sign Review Committee and had been turned down. Mr. Robinson stated he feels that this type of sign might be against Ordinance dealing with selling and solicitation. The sign was then opposed by Mayor Dobson and Mr. White. Mr. Bailey and Mr. Steinberg had no adverse feelings about the sign. Mr. Bailey did, however, point out that every sign put on the walking board would have t o be submitted to the Sign Review Committee and this would place a burden on them ~.f the signs changed regularly. Mr. Donovan stated that the same type of thing was done last Suininer with a Donkey. If we cauld control the number of this type of sign, he would be in favor of it, but feels that there could be no more than one in town, Mayor Dobson suggested that the Board defer making a decision on this sign until the next meeting, which the Board approved. Ordinance Number 12, Series of 1971 was presented for second reading. Mr. Donovan moved that we adopt this ordinance to attain better attendance at the Town Meetings. The motion was seconded by M r . White. There being no further business, the meeting was adjourned at 11.:15 p.m. dw • . ~l.~Gc ~~~~~, • MINUTES REGULAR MEETING BOARD OFTRUSTEES SEPTEMBER 7, 1971 A regular meeting of the Board of Trustees of the Town of Vail was held pursuant to call and notice at the hour of 7;30 p. m., September 7, 1971. The meeting was held in the Vail Elementary School, and the following trustees were present: Mayor John Dobson Richard Bailey Gerry White Tod Anderson John Donovan Dr. Thomas Steinberg Also present at this meeting were: Terry Minger, Town Manager Larry Robinson, Town Attorney The meeting was called to order by Mayor Dobson. Charley Langmaid presented his parking variance, and it was tabled, The gate restricting vehicles from entering Gore Creek Drive inthe Town was discussed. Mr. Minger said that, according to a survey taken by the Police Department, 85 percent of those questioned indicated their desire to keep the gate. The g i rl s who operate the gate w i I I continue to work there also. Charley Crowley, A & D Enterprises, (Liquor Store at Vail) com- plained that he was losing a considerable amount of business by not letting people with cars through the gate. He noted that the two other package liquor stores have no access problem and are consequently taking away a lot of his business. George Knox supported the idea of the gate 100 percent. He felt that the girls there to explain are an enormous asset. He also suggested that shop- keepers provide a service whereby large packages etc. could be delivered to the customer's car. When asked iifhe Town wanted to keep the gate, everyone of the Trustees replied inthe affirmative. A meeting between Charley Crowley and some of the Trustees wi I I be held i n the near future. No one else was present at the meeting to oppose the gate; however, Michael D i Miceli, the Police Chief, noted that the Left Bank Restaurant was suffering an economic hardship be- cause of it. There being no further business, the meeting was adjourned at 8;40 p. m. ~~ T n terk nn MINUTES SPECIAL MEETING BOARD OF TRUSTEES/PLANNING COMMISSION SEPTEMBER 15, 1971 A special meeting of the Board of Trustees of the Town of Vail and the Vail Planning Commission was held pursuant to call and notice at the hour of 9;30 a.m., the 15th day of September, 1971, at the Rams Horn Lodge, Vail, Colorado . The following members of the Board of Trustees were present: Mayor John Dobson Trustee Gerry White Trustee Thomas Steinberg Trustee John Donovan Trustee Tod Anderson The following members of the Vail Planning Commission were present: John Dobson Dave Gorsuch John Donovan Bob Clark Also present at this meeting were: Terry Minger, Town Manager Walter Richardson, Land Architect and Planner for the Antholz property, from Costa Mesa, California Art Tarler, Project Directorfor Leavell Development Co., E1 Paso, Texas John Amato, Vail Charles Gersbach, Vail The purpose of this meeting was to listen to a proposal from Walter Richardson regarding the development of the Antholz property, which is a 37 acre parcel of land located to the east and north of Manor Vail. Their ultimate goal i s to have a 700 unit development consisting of condominiums and lodges, parking, and recreation. Although they haven't yet decided on a particular style of building, itwill probably be done in contemporary design "with character." According to their proposed zoning map, the following square footage, acreages, and percentages make up this land: ZONE SQ. FT. ACRES PERCENT M. F. 347,750 7.984 21 H.D.M.F. 387,000 8.885 24 P.A. 207,500 4.764 12 C. C.IY 255,250 5.860 16 H . S . 68,000 1 , 56'L 4 A . 384, 743 8.832 23 TOTAL 1,650,243 37.655 100 The primary access to this property is between the buildings at Manor Vail, which road will be open to vehicles until at least the first phase of development i s completed, at which time the plans are to use this road for pedestrian traffic only. The Commercial Core will be the first area to be developed, which i s directly across the bridge. This area might have build- ings up to five stories high, though the rest of the development will have only two stories. k ^ • They are planning a focal point of some kind, possibly a tower, They are also looking into the possibility of an indoor ice rink about 90 feet in diameter. There would be single family townhouses on the outskirts with two-car parking for each unit. They are concerned with Gore Creek, a prime asset, with retaining all existing trees; and their open space is more than 23 percent. They explained the H .5. area as being a parking area with service station in upper left corner of development, 150 feet from Frontage Road with landscape program along the edge. There will be parking underneath every building. The parking will be one space ~ each unit and one-half parking unit per one building unit up in the common area. Mr. Amato noted that the entire development would be done by them and not sold to other developers. Mr. Gersbach explained that Leavell Development Co. is a subsidiary of Rio Grande. Art Tarler works for Leavell Co., which i s a subsidiary of C. H. Leavell Construction Company. They explained that the second bridge on the bottom is a skier ramp. The large bridge must have auto access because of fire, merchandising, etc. The skiers will go across the Golf Course Road by way of either an under- pass or an overpass. When asked about the status of a ski lift to serve that area, they answered that Vail Associates is now cutting, and the lift should be in by 1973 or 1974. They agreed that either Vail Associates should accelerate this lift or should make a firm commitment. They then mentioned that they would like to be included in the Town, the Water and Sanitation District, the Fire District, but not the General Improvement District because they will be putting in their own roads at their own cost anyway. The M F. area directly behind Manor Vail was questioned. It will ultimately be open space -- but they are holding it as M. F. to see if the owners from Manor Vail will buy the land for $100,000. They want to petition for annexation, but today wanted opinions of Plan- ning Commission and Board of Trustees as to zoning. Although the property will not be zoned until it is annexed, they did want the Town's recommendations and to find out if the land use makes sense to the Plan- ning Commission. They also said that Vail Associates kept the Manor Vail Road for access _ to the Antholz property. When asked if there might be covenant problems, Mr. Amato said he felt there would be no problems and that a new set of covenants i s pretty well along. Mr. Gersbach told the Boards that they had spent a considerable amount of time choosing Leavell. 'hey have done several projects, and their work is quality. He also said that their schedule starts construction late in April. They should be finished with Phase I by Thanksgiving of 1972. There will be 100,000 feet of commercial space. Mr. Minger mentioned that the ice rink was very important and wondered if it could be done in the first phase. ~ hey answered that they had dis- cussed it at great length and had decided that an Olympic size rink is too big for the scale of the entire development. They also stated that they would like to have a large swimming pool and tennis courts. They mentioned also an option to the Town of Vail to accept the M.F. area for $100,000. • _- Itwas asked if Mr. Amato and Gersbach could negotiate with the Manor Vail owners before the scheduled hearing. They said not, they would like to get the annexation proceedings started as soon as possible, • The employee housing situation was discussed and Mr. Richardson stated that it could be handled by putting extra housing in condominiums, by utilizing top floors of buildings. Also, this property i s adjacent to Apollo, though it was brought up that the Apollo complex i s already full. When asked if the tennis courts planned for this area would be public or private, Mr. Richardson answered that there may be some private con- nected with a hotel, but if some were built on the north section, they would be public and the Recreation District would be asked to participate in building costs, maintenance, etc. They will probably ask for a parking variance in order to preserve the pedestrian concept of their commercial core. Itwill probably be one to one i n the core and the other necessary half could be taken care of i n the parking lot i n the north section of the development. Mr. Richardson was asked if this land would be filed at different tunes, and he replied that it would be filed ~n several different steps. They asked about the timing, and Mr. Minger said he would have to check with the Town Attorney, but that it would take fifteen days before hearing for publication and 90 days after annexation for zoning. It was decided to have a public hearing on the property on October 12 and the annexation hearing November 2. There was no other business, and the meeting was adjourned at'!2:'!O p. m. / ~ Town erl nn • -~- • MINUTES SPECIAL MEETING BOARD OF TRUSTEES/LOCAL LIQUOR LICENSING AUTHORITY SEPTEMBER 16, 1971 A special meeting of the Board of Trustees ofi the Town of Vaii and the Local Liquor Licensing Authority of the Town of Vail, was held, pursuant to call and notice at the hour of 9:30 a.m., Thursday, September 16, 1971, in the RamsHorn, Vai I, Colorado. The following trustees, constituting a quorum, were present: Mayor John Dobson Trustee John Donovan Trustee Gerry White Trustee Tod Anderson Trustee Dr. Thomas Steinberg Also present were: Terrell J. Minger, Town Larry Robinson, Town At Mayor Dobson cak ked the meeting as the Local Liquor Licensing Au of Rumford-Nottingham and Golden three-way I icenses. Manager tornev 0 order, and the Board convened hority to consider applications Peak Restaurants, Inc., for The application for a three-wav icense at Golden Peak was dis- cussed first, and it was wondere by Trustee Anderson if the Golden Peak really needed a three-way license. Terry Minger said he thought there was a definite need here because of a special recreation neighborhood. There are skier places to drink at both gondolas, and he feels there should be one at Golden Peak to serve winter skiers and summer tennis recreationists as well. But, it was said, when a license is issued at Golden Peak, the people will not go to other establishments in Town; however, it is s t i I I needed. People need to be able to come i n from a ski lesson and have a sandwich and a drink. Vail Food Services, inc., would be operating the restaurant. Summer golf and tennis would probably justify such a facility alone. Trustee Donovan felt they should operate in the summer but not in the winter. The following reasons for granting a license were brought up: 1 ) Serves a recreation need which isn't being fulfilled; 2) Completes a recreation complex with quality food service; 3) Serves a neigh- borhood which is not now being served; 4) Serves a special res- taurant need; and 5) Serves a neighborhood convenience need. Trustee Anderson stated that the liquor study does not indicate that there is a need for a license there. He also pointed out that Manor Vai I's bar w i I I be open at that time, which it hadn't been last year. Robinson then said that it wouldn't be open during the day. Another argument was that people do not go over to Manor Vail while waiting for a tennis court. Minger then said that we are adding three new tennis courts which w i I I increase the need for a restaurant- liquor facility in that area, which he described as an increasingly popular area -- a unique people generator. Mayor Dobson asked i f there and Trustee Donovan pointed the facility would be turne also stated that Vail needs meals -- sandwiches etc. -- Peak. I t will also be used were any more questions or discussion, out that Vail Associates had said that d over to teenagers at night. I t was a place that serves less expensive which is what the plans are for Golden for ski school parties, banquets, tennis programs, and conventions. I t is not a noise type situation and will not create that kind of problem. Minger felt there is very good argument for this kind of unique neighborhood, as it is a diversified recreational complex, with ice skating nearby. Robinson then said that perhaps the term "the neighborhood" should not be used, as it has in the past to define an entire community. This facility would serve a rather special clientele. In terms of the people in "the hood -- a special g neighborhood", we could segment our neighbor- roup of people who aren't being served. Mayor Dobson then a sked for a vote, which was as follows: Trustee White motione d for the granting of this license, Trustee Steinberg seconded, and John Dobson also voted i n favor of this license. Trus- tee Anderson voted against this license, and Trustee Donovan ab- stained from voting as he is both a Vail Associates employee and a bar owner. Golden Peak Restaurants, Inc., was granted their three-way I i q u o r I icense. ~ ar ar x a~ a~ a~ ~ ~ x x x ~ x x x ~ ~ ~ x ~ ~ a~ a~ x x x ~ x ~ a~- a~ a~ ~ In considering the application for the Talisman (No-~tingham-f2umfor•d~ it was felt strongly by the Board that Mauri Nottingham had not sup- plied enough information. They didn't know who was going to manage the restaurant or what type of facility it would be. The Board generally concluded that the applicant had not made a prima facie case in support of its application at the public hearing, and that the presentation was somewhat weak and ineffective; however, the Board felt that a two-year waiting period before the applicant could re-apply was somewhat severe and as a result of this situation, a- greed to allow the applicant to submit additional information. Mr. Minger was instructed to contact the applicants and ask him to sub- m i t any additional information they wished t o provide which would better inform the Board of the type of restaurant facility proposed by the applicant. Some discussion about the liquor license survey made by THK and Associates, Inc., led to requesting the Town Office to order 50 copies to sell at cost of printing, or about $10 each. a~ * x x x x x x x~~ x~ x x~~~ x~ x a~ x~~ x x x~~ a~ x~~ The Board then convened as the Board of Trustees. Minger said that the Vail Elementary School had asked if they could use a portion of the Municipal Complex for holding school for the 5th and 6th grade classes. He had given them tentative approval. They would pay us $50 a month, which would take care of cleaning and'lights. The Board was unanimous in its approval for letting the 5th and 6th graders use the council room. Minger then said that he had been working with some people in p a~- ning the new library, and it should be open by January I. He then stated that a dean from Colorado University wants to be tied in with the Symposium. They may even go so far as to have a bu Id- ing up here for their studies etc. Terry Minger then reported that Vail Associates would like us to share 50-50 in the costs of operating the L.ionsHead busses this year, and next year the Town would have a 75 percent share, or $20,000. Trustee Donovan made a motion that we not do this, Trus- tee White seconded, and the vote was unanimous that the Town not share in this cost, but rather donate the same amount of money that we did last year. When the bus travels in a large enough radius to make it a real service to all the people, the Town will then think of financing it_ • ' ,. Minger has plans to hire an administrative assistant who would do research work and help him on projects. He stressed the fact that this person would not be hired for the purpose of replacing him, but rather as a research assistant. She has a masters degree in city management and would start at $700-$750 per month. This idea met with the Board's approval. Then Minger said that Dick Peterson had written him a letter asking him to accompany him on a tour of the ski resorts and new ski towns in Europe, sponsored by the Rocky Mountain Ski Area Operators As- sociation, Inc. The tour would cost approximately $775 total and would include eleven countries i n fourteen days. The Board approved this tour, and said that since Minger would not be taking his wife, it would not have t o be considered as vacation time. The Town has been put in the position of paying for the banquet held at MidVa i i for t he Cambodians, as the VRA did not have enough money to pay for it_ I t was decided that in the future the Town should budget for thi s type of thing in a V.I.P. fund, but that we should als o adopt some kind of standard operating procedure re- garding this so that we do not get put int o this position again. There being no further business, the meeting was adjourned at 12;30 p.m. • nn • C .t~~f'1 Tow C I rk ~` _3_ MINUTES REGULAR MEETING LOCAL LIQUOR LICENSING AUTHORITY/BOARD OF TRUSTEES SEPTEMBER 2 1, 1 9 7 1 A regular meeting of the Board of Trustees acting as the Local Liquor Licensing Authority was held, pursuant t o call and notice at the hour of 7;30 p.m. Tuesday, the 21st day of September 1971, at the Vail Elementary School (above the Vail Clinic) in Vail, Colorado. The following members of the Local Liquor Licensing Authority for the Town of Vail, constituting a quorum, were present: Mayor John Dobson, Chairman Tod Anderson Gerry White Dr. Thomas Steinberg Clayton Freeman John Donovan Also present were Terrell J. Minger, Town Manager and Town Clerk Larry Robinson, Town Attorney BOARD CONVENED AS THE LOCAL LIQUOR LICENSING AUTHORITY Mayor Dobson called the meeting t o order. The Local Liquor Licensing Authority met t o consider the application of k ~ R Casino, Inc. , a Colorado corporation, whose officers are Julia D. haemmer, president and treasurer and William L. Hanlon, vice president and secretary- manager. The mayor asked the town clerk if all required information and fees had been supplied and paid by the applicant. Terry Minger, Town Clerk, answered yes. The mayor then asked the town attorney if he had reviewed the application and if it was properly filled out ,in compliance with the Colorado Statutes. Larry Robinson, town attorney, answered yes. The mayor passed around the application for review of the Board and asked if there were any questions. There were no ques- tions concerning the application at this time. Robinson then stated that his report from the chief of police indicated that the applicants and premises involved were of good standing. When asked if any peti- tions or letters had been received, Stewart Brown, acting as counsel for the applicant did hold some petitions in favor of granting this license; and John Ferguson, counsel for the protestants had petitions which were against the granting of the license. They were asked t o withhold these petitions until time of testimony. Mr. Brawn asked if the protestants' petitions would be verified by the persons cir- culating them and questioned the four petitions. Robinson said we could rule on the petitions at this time. Ferguson was asked who he was representing, and he replied that he was representing Gasthof Gramshammer, the Nu Gnu, the Lancelot, LaCave, the Ore House, the Left Bank, Bobby Mac's, the St, Moritz, and the Lord Gore. The mayor then stated that the purpose of the hearing was t o comply with the requirements of C.R.S. 1963, 75-2-42 {2) and read those requirements, after which he declared the hearing open. He asked if there were any parties present for or against granting the license. The following persons, in favor of granting this license stood and were sworn i n by Minger: William Hanlon, Nona Wilke , David Gorsuch ~ Mike Dawson, George Knox, fir, , and Warren Klug. The following persons, opposed t o the granting of this license, stood and were sworn in by Minger: Pepi Gramshammer, Harry Franzgen, and Robert McClure. Mayor Dobson asked Stewart Brown to proceed with his case. He asked that the statistical data from the hearing of August 23, 1971, be ad- mitted into evidence. Asked i f there were any objections, Mr. Ferguson replied that the Town survey done by THK and Associates in Denver was different and probably updated. He stated that this exhibit should be introduced subject to question. Stewart Brown called Dave Gorsuch to the stand and asked him to state his full name and address. Brown asked him what his occupation in Vail is. He answered that he is a shop owner and has been in Vail six years. When asked i f he was familiar with the Casino Building and the plans for the facility, Gorsuch answered yes, that he understood their plans were to have adult-type entertainment, as opposed t o rock 'n roll, with a supper club atmosphere, with floor shows, etc. He further stated that he didn't think the noise factor would be so great as it is now. Brown asked him if it' has been adult entertainment in past years, t o which he answered yes. He also answered that he felt there was a need for this type of facility, and is aware of it because people have told him in his shop that it would be nice t o have a quiet place t o go t o and would be interested in. Broadway revues etc. Gorsuch also stated that John Kaemmer's track record shows quality. Brown asked Gorsuch i f the premises produces revue-type shows and music of a quieter type, would this serve a need presently unmet in the Town of Vail? Gorsuch an- swered yes, there is a need , as there is no such facility in Town. Brown asked z~ the need extended t o any particular segment of the people here. Gorsuch answered that need is for the older people in Town. Stewart Brown had no further questions. Mayor Dobson asked if anyone else had questions, and John Ferguson said he would like to cross-examine this witness. Ferguson asked Gorsuch if the noise factor were as great as it is now, would he still be interested in granting this license? He said yes. Ferguson then asked him if any Mayor Dobson then asked i f Stewart Brown would address himself t o the Board and t e 11 them what R ~ R Casino was aetual.J:y planning t o do, at which time Brown introduced B i 11 Hanlon. After stating his name and address, Hanlon was asked by Brown what his duties would be as manager of k ~ R Casino. He said he would be the manager of Casino and director of entertainment; he would oversee the employees, hire bands for enter- tainment and be responsible for the operation. Hanlon was then asked to outline his experience. He stated that he had previously managed the Nu Gnu and had obtained a degree i n business administration. He has been associated with the Clock Tower for the last three years as supervisor of the employees, the maitre d~ there in charge of the food and bar operation etc. He was asked to describe the Nu Gnu opera- tion as it existed when he was manager. He answered that it was then serving food, had a three-way liquor license, and had a combination of all types of entertainment. He described the Clock Tower as a food operation with lounge, serving dinners and having after ski entertain- ment. He was asked if he had examined the premises and he answered yes, that he had and he was familiar with it. He said it was built in 1964 as a night club with 5,000 square feet; it has a full kitchen, full facilities for a bar, and a full stage with sound equipment, plus a large dance floor. Brown asked him if Casino Vail contained more than one level, and he answered it is on the second floor with bal- conies on the third. Brown asked if the entire second floor was given over t o the night club and Hanlon answered yes. Brown then asked if there were any facility of this type that was this big, and he said no, the seating capacity is 375. Brown asked if there were any facility of equal size in Vail, and Hanlon replied no, not of this size. Hanlon was asked if it contained a movie screen and he said yes. Brown asked if there were any other place that contains a movie screen, and Hanlon answered, no, not of this size. Brown asked where it is located, and Hanlon said on the corner of Bridge Street and Gore Creek Drive, at the main intersection of Town. When Brown asked Hanlon what his plans would be if he was granted a three-way license, he answered that he would have adult-type entertainment -- show groups. He named the Country Coalition, V~ Five, and the Kingston Trio. Brown then asked whether their budget would permit him to easily support this type of 2 efforts had been made toward adult-type entertainment, to which Gorsuch answered yes, that the Casino had tried it but it did not work out. Also, that the Golden Ski had that kind of entertainment, but he didn't know how long it stayed open. Ferguson had no further questions. entertainment, to which Ferguson objected. Brown reworded his question t o ask what his weekly entertainment budget would be and Hanlon answered between $1200 and $2500. His hours of operation will be from 8:3p p.m. t o 1130 a.m.; and his menu will include a steak sandwich for $3.95, eornish game hen, etc., but the prices would run t o $4.95 and a little higher and would be a generalized menu rather than a specialized. Brown asked if there would be a cover charge and Hanlon answered yes, and that there would be a season pass available to local people. There would be a continuing program of dance music of adult-type. When asked what he meant by adult, Hanlon answered over 25. Stewart Brown asked him why he con- sidered it a good move to abandon the 3.2 beer license in favor of a three-way liquor license, and Hanlon replied that he felt that the needs of the neighborhood would be better satisfied. Brown then asked i f last year's operation proved disappointing and Hanlon said that the corporation was not disappointed. Hanlon was asked i f he had been in touch with persons representing groups in connection with his proposed plans, and he said yes, he has been, and also has been approached by groups of potential customers who want t o use the facilities if it would have a three-way license; among them were the Vail Resort Association, the Ski Club Vail, and many others; including the largest ski club in the world. Brown asked him who he would be serving, and Hanlon answered the Gore Valley; its inhabitants and its visitors. He was asked if he were aware of the noise problem, • and his answer was yes. To the question of how this problem can be alleviated, Hanlon answered that the decibel factor of the enter- tainment would be lower and the installation of a system bringing air back in rather than taking it out would also help. He has also consulted with an engineer on this. Brown asked if Hanlon knew John Ka~~~u~~er and whether the K ~ R Casino planned t o avail themselves of his talents in any way, t o which Hanlon answered yes, as an ad- visor. Brown had no further questions. When Mayor Dobson asked the Board if they had any questions, Trustee Tod Anderson asked Hanlon to explain adult entertainment -- would it: be live entertainment or recordings? Hanlon answered mostly live entertainment with re- cordings in between. He was then asked if the Casino would operate in the summer, and his reply was yes. Hanlon was asked if he didn't receive a three-way license, would he run it on a 3.2 beer license, and he replied yes, it would be similar t o last year's operation, which was geared to the 18-21 age group. John Ferguson then asked that the survey produced by THK and Associates from Denver be introduced as evidence. Stewart Brown felt that the study requires verification and is not competent evidence. Ferguson felt it should be admissable and that the LLLA should support it_ • Mayor Dobson stated that we would weigh its veracity and conclusions and Brown said that he makes exception t o the ruling; that the survey has not risen t o evidential value. Ferguson then began t o cross-ex- amine the witness, B i 11 Hanlon. He asked him if he had any interest in the ownership, and he said he had a management contract with the corporation, with option, and that the only stockholder a.s Julia Kaemmer. When asked who the directors of the corporation were, Hanlon answered Steve Ruder and one of his brothers. Ferguson then asked if John Kaemmer had any interest in this facility. Hanlon an- swered no, that he was just an advisor. Ferguson asked him if he was aware of the cost t o have the Kingston Trio. Hanlon answered yes. He was then asked if he would serve dinner. His reply was yes. Then he was asked what capacity he would have t o meet t o balance his budget. Hanlon answered 4500 per week with the average being $9 per person. When asked if he felt restaurant seats were needed or this type of facility, Hanlon answered this type of entertainment. Ferguson then asked what they would do i f they found they could not afford this kind of entertainment, to which Stewart Brown objected. He stated that the LLLA was concerned with financial statements of the individuals, but not with the economic feasibility of a business. Ferguson then said that the license was being applied for under a • very appealing need, and he felt there should be some assurance that it should be retained as this type of facility. Ferguson asked if 3 any previous license was three-way, and the answer was yes, and it had changed hands once. K ~ R acquired the facility then applied for a 3.2 beer license and obtained it, which at that time seemed to better serve the needs; at least the previous manager, Mr. Ruder, felt that way. Ferguson asked why Hanlon felt that the needs had changed. Hanlon answered that there was definitely a need for aduZt- type entertainment; the skier days had increased; the facility was now inadequate t o serve the needs of the people; and groups had re- quested that the Casino have a three-way liquor license. Ferguson then asked if Hanlon was aware of the noise factor, t o which he said yes; and when asked i f he would be willing t o give some assurance t o the Trustees that zt would be controlled, he answered that they would make every effort t o stop offensive noise and again mentioned that he has been consulting with an engineer who is working on the noise factor. Ferguson had no further questions, at which t i m e Brown introduced the petitions for the granting of this liquor license, marked into evidence as Exhibit A. Ferguson asked if all the sig- natures were obtained by Hanlon himself, and he answered no, but under his supervision. Ferguson also asked i f Hanlon had t o 1 d the people about his plans for the Casino before they signed and Hanlon said yes. As there were no further questions for Mr. Hanlon, Ted Kindel was brought forth as a witness for the applicant and sworn i n by Minger. After stating his name and address, Kindel said he had lived in Vail for the last eight and a half years, during which time he watched it grow from nothing to its present stage, including the increase ~.n several liquor licenses. Stewart Brown asked him if he thought the plans for the operation of Casino Vail would serve the needs of the community and if so, why. He answered that he felt that the operation as described would fi 11 a very definite need because there is no facility now for that type of entertainment. He was asked a.f he knew of people who want such a facility, and he answered yes, that Vail is lacking something without such a facility. As Brown had no more questions, Gunthler Hofler asked why they would open at 8:30 p.m. when the main dinner hour was earlier and was an- swered that this is where the need lies. Kindel was further asked if the V~ Five was noisy, t o which he replied that it wouldn't have t o be if it weren't amplified. After a few questions by John ~'er- guson, Brown called four witnesses at one time: Mike Dawson, George Knox, Jr. , Nona Wi~lCe and Warren Klug; Mike Dawson at this time being absent. He asked them ~f they all felt it was the type of facility needed in Vail to which they all answered yes. He asked if this was the type of facility lacking in Vail, and they all answered yes. Then to George Knox, Jr., he asked why he felt this way, and his reply was that Vail was interested in the tourist more than the local and the people must have a variety of places t o go and the Casino is one of the focal points in Town. When asked if there would be only one place t o go for entertainment, Knox answered that the Out Back had been open and the Nu Gnu, but the Nu Gnu was too loud. Brown asked if any of these places had ever been overcrowded and Knox answered yes. Warren Klug, who has been Xn VaiZ since January of this year, felt there was a definite need for this type of facility and when asked if he has ever had t o wait in line for food or bar service, his reply was yes. Nona Wilke was in general agreement with what Knox and Klug had said. Ferguson then asked Miss Wilke if there weren't some form of entertainment in other places in Vail, and she answered yes. Then he asked her ~f the waiting problem was probably confined t o certain restaurants. She answered yes. When Ferguson asked what the younger group would do for entertainment, it was answered that Golden Peak was supplying teenage facilities, the Keg would still be open, and the Deli served 3.2 beer. It was also agreed that the 18- 21 year olds were not the only people frequenting the Casino under their 3.2 beer license, but some older people enjoyed it too. At this point, the applicant rests. 4 John Ferguson, attorney for the Protestants stood and presented a document -- a map put out by the VRA showing present liquor outlets in the Town of Vail, which was entered into evidence after no objections, as Protestants' exhibit I. Harry Franzgen was then called to the stand and asked i.f he were in favor or opposed to the granting of this license, to which he answered opposed. He felt the needs of the neighborhood are not here for a dance club. He has been here since the winter of 1965 and has worked for the Lodge; he helped open the Lord Gore Club, worked for Cramerus , Inc . , L a Cave, The Out Back i n the V ai 1 V i 1 - lage Inn. Ferguson asked, if some of these facilities have failed, doesn't it tell them that a need is not there? He was asked if the Golden Ski had attempted adult-type entertainment and his ans- wer was yes, it was abandoned when Vail Associates sold the place to the Broadmoor; and when they tried it, the entertainment lasted only one and a half months. The Out Back gave up because it wasn't feasible. The Red Ram went broke. Ferguson asked Franzgen if he felt there were a need for any more bar-restaurants in this neigh- borhood, and his reply was no. Ferguson at this time entered a petition against the granting of this license, which was labeled as Protestants exhibit 2. Stewart Brown then questioned this wit- ness and asked what Franzgen's interest in the Nu Gnu is. He said he was owner and president, holding 50 percent of the stock; David McI]~vaine held the other 50 percent. Brown asked when the Red Ran was open and Franzgen replied that it closed about fall of 1970. Brown asked how many people ~t held and Franzgen's reply was 130. Brown asked where i,t was located and was told where the Left Bank is now. He then asked if Franzgen knew why it closed, and he said i~ ran out of funds. Brown asked the same questions of the Golden Ski and Franzgen answered that they had also run out of money. When asked why the Out Back went out of business, Franzgen answered that it wasn't feasible. Brown asked i f Franzgen had examined these figures and could state this as fact. Franzgen replied that he had been working with some of the figures and the entertainment costs were too high. Brown then asked how many people the Out Back could seat and he answered 150 at the most. Golden Ski could seat 100 or more, which is one half the size of Casino Vail. Brown asked if both the Out Back and the Golden Ski were removed from the main i n t e r section of Town and was answered yes. Brown then asked if some of the reasons why these places went out of business might be„unknown t o Franzgen, and he answered yes. He asked Franzgen i f he were t o choose a good location for a facility of this type, where would he go. Franzgen said he didn't know. Brown then asked if i~ were true that Franzgen had offered t o buy Casino Vail, t o which he answered yes. Pepi Gramshammer was then called t o the stand by John Ferguson and after stating his name and his address as Vail, he said he presently holds a three-way liquor license and serves meals and drinks and is not in favor of the granting of this license. He feels the neighborhood is well served. He said that the Casino had held their 3-way license for three years and just last year gave it up. He understood that when that one was given up, it was given to Bobby Mac's instead. Another license, he said, was issued at the same time. He further understood that no one was to be given a liquor license until the survey had been finished. Ferguson asked if the noise at the Casino bothered him. Pepi ans- wered that it had been a problem for eight years, to the point that people had checked out of his hotel. He said that he had heard last year at the hearing where the Casino Vail had been granted a 3.2 beer license that they would control the noise, which then turned into the biggest noise ever. He gets complaints all the time. Ferguson showed him a petition and asked i f he had circulated it_ He answered yes, and the petition was entered as protestants Ex- hibit 3. Ferguson asked if there were seasonal variations in his business. Pepi answered that in the winter he does quite well, but that it was hard t o make all the payments ~.n the summer. He said 5 that 30 business could not pay t sir VRA dues this year. H i s lodge was only about 10 percent full in the summer and his res- taurant from 20 percent t o 70 percent at the highest, and that he felt this true in all the restaurants in Vail. Gunther Hofler was then called forth as a witness for the opposi- tion and stated that he was not representing the Red Lion. In 1964 he had been the manager of the Casino. When asked if he had circulated the petition he was shown, he answered yes, and this was entered as Protestants exhibit 4. Ferguson asked him if he felt the community needed any more restaurants or bars. He said he felt that we need a night club but that it won't stay as a night club. The Casino should keep its 3.2 beer license and serve the 18-21 year olds. Ferguson asked him why he felt it might not remain as a night club and he answered that it wasn't feasible. He then stated that when he was running the Casino, there were only 200 seats, so how can there now be 375? He further stated that there would be a problem with minors if the Casino abandoned their 3.2 beer license; then, that there is more entertainment now than i n 1964- 65 when he managed the Casino, and they tried every kind of entertainment and nothing worked. Ferguson asked how many en- tertainment facilities should be granted liquor licenses, and he said one was enough, When asked about the noise factor, Hofler stated that he wouldn't live near it, and that he is in favor of a less noisy night club. He thinks that the Boulder code of not renewing licenses if the people don't follow through on their original plans is a smart system. Gramshammer then stated that he felt there are enough restaurants now; he always has problems pay- ing his bills ; he is not against competition; but the Board of Trustees should draw the line on whether we need it_ The Lord Gore Club and Bobby Mac's received their licenses. There are 1~+ liquor licenses in a small area of Town, which concentrates too many things in one place. In that same area are two wine and beer and three 3.2 beer licenses. It's noisy all around him, and he wants it t o be quiet. Trustee Donovan stated that last year the noise from the Casino was worse than ever and that he wonders if Pepi doesn't think it might get better, t o which Pepi answered that at least with the 3.2. beer license they were home by midnight. He would prefer a 3.2. beer license t o a 3-way license. Sheika Gramshammer was then brought forth as a witness and sworn in. She stated that she was opposed t o the granting of thi s license but was not against having a night club. However, she thinks the Casino w i 1 1 not stay in business. This Town is dead by midnight, and he won't be able t o operate just between the hours of 8:30 p,m. and 1:30 a.m. and make enough money t o continue the business. She had phoned the Red Onion in Aspen, and they said the only way they could stay open was t o make a 1 o t of money on food. He therefore must serve food t o make it_ She is against the granting of this license because there is no guarantee they wi1.l stay a night club, and because it w i 1 1 be impossible for them t o operate. Stewart Brown then questioned Sheika that since she is generally i n favor of a night club and i f it were run by good people and if it were possible for them to open a night club and keep it that way, would she have any objections. She said yes, she wouldn't be able t o sleep at nights. What if the noise were eliminated? She said it wouldn't be; the Casino was too big; and it couldn't op- erate in Vail. This was the end of the testimony both for and against the applica- tion of K & R Casino. Stewart Brown was asked to give his summarizing statements. He said that in one sense, this evening's hearing was different, as this is the first time that a license applicant has come before the Board with an entertainment need. He feels Mr. Ferguson w i 1 1 show that a liquor license is not needed, but according to the "unquenched thirst" law, a liquor license is needed. Also, a specialized need or a proof of a need for this type of facility is proof of a need for a liquor license. V~ must, under the statutes, stay away from the feasibility of a proposed operation. 6 John Ferguson, in his summarizing statements, said that there was a great deal of testimony tonight, a lot of it quite irrelevant because the applicant had based his entire need on a certain type of facility. The statutes call for no limitation on how they use the license, the noise etc. There is no alternative but to go back to a general restaurant. No restaurant facility is needed, according t o any evidence. The licensing authority must be satis- fied that the needs of the neighborhood are not met. The survey says that the needs of the community are being served according t o 60- 75%of those questioned. He would like the Board t o consider the report, as it is a much more reliable guide in determining the needs of the neighborhood, etc., than anything else that was presented. The applicant was then told that he would receive a written de- cision of the Board within 30 days of this hearing. ~Y ~Y ~' ~ ~ iT: iii : r 6 .. ~ 4 ~ i ii '~ ~c A Ski :$ A ~Y a. os :s ~Y ~4 ~Y $~1 e e .. .. ., a o. x e ~e .. The Local Liquor Licensing Authority considered the application of SHE Productions, a partnership for a Beer Wine and Spirituous Liquor License, whose partnership consists of A. Thomas Leroy and Van S. Fulton. The Mayor asked the Town Clerk if all required information and fees had been supplied and paid by the applicant. • Terry Minger, Town Clerk, answered yes. The Mayor then asked the Town Attorney i f he had reviewed the application and i f it wa s properly filled out in compliance with the Colorado Statutes. Larry Robinson, Town Attorney, answered yes. The Mayor passed around the application for review of the Board and asked a£ there were any questions. There were no questions concerning the appli- cation at this time. Mr. Robinson then stated that his report from the Chief of Police indicated that the applicants and premises involved were of good standing. When asked if any petitions or letters had been filed, Larry Robinson presented numerous letters which had been received by the Town Office and asked that these letters be admitted at this time and included in the record. John Ferguson questioned these letters as he had not seen them before. They were then introduced as evidence. John Ferguson stated that he is representing the same people in this hearing as in the k ~ R Casino hearing, with the exception of the Ore House. Mayor Dobson then said the purpose of this hearing is to comply with the requirements of C.R.S. 1963 75-2-42 {2} and acknowledged the paragraph without reading it_ He then declared the hearing open. The attorney for the applicant was Douglas McLaughlin, Vail. He asked to admit his petitions for the granting of the license without testimony if it were agreeable t o John Ferguson. McLaughlin had three, which were entered into evidence, and four were presented by Mr. Ferguson. All signatures for the SHE Productions had been obtained in the Town of Vail from visitors as well as residents. There were 1 5 0 from Vail residents ; 9 7 names which are both Vail residents and visitors and another with 24, which contains both visitors and locals. At this time, Mr. McLaughlin asked that the following people stand as c a 11 e d and b e sworn i n Tom Leroy, Van Fulton, Mrs. Leroy, Mark Lindfest, John Purcell, Dennis Broadley, Bill Jennings, Frank Earle, Jim Collins, Marcia McKerr, Richard McKerr, Dr. Steven Meyer, Harlan Chaote, Janet Kemp, W i 11 i a m Mcllhaney, W i 11 i a m Kramer, Jim Rogers, Rolf Stepperud, and David Nott. These people were a 11 sworn i n by T. J. Minger, Town Clerk. 7 t McLaughlin asked that the testimonies from the K 8 R Casino hear- ing of George Knox, Jr. ~ Nona Wilke and Warren Klug be admitted into this hearing, to which John Ferguson replied that the entire record should then be included. McLaughlin stated he didn't feel that was fair because he had not had the opportunity t o cross- examine them, and he withdrew his original motion. Tom Leroy was called t o the stand and stated that he had lived in Vail over a year. He a.s presently a marketing consultant for several ski manufacturers. He is a High School graduate, with 3 ~ years of college. He has a degree i n design from a two-year college. He is married; has never been convicted of a felony. He has no financial interest in any liquor outlet. McLaughlin asked him if he had entered into a business relationship and he answered yes, a partnership with Mr. Van Fulton. They have each put in $10,000 and are prepared t o invest a total of $25,000 each. He was asked what his services would be in the partnership and he replied that he would be a worker within the establishment. When asked i~ he had had any experience in liquor establishments, he answered no. McLaughlin then asked him i f he had any management experience, and he answered yes, representing ski companies. McLaughlin asked him ~,f he had done a study with regard t o disco- teques and he answered yes, that while traveling as a skier, he had studied Vail as a possible business opportunity and found that • night-time entertainment here was aimed at a specific group, not a general group. He was then asked i f he had had an occasion t o go to a library and the answer was yes, the Colorado University library and the City of Boulder Public Library, where he read many reports and magazines. He was asked to define the neighbor- hood he would be serving. When Leroy answered the Gore Valley, McLaughlin asked why and the reply was that they could set needs through music and entertainment. When asked what the operation would be, McLaughlin introduced Exhibit C, which i s a drawing showing the interior of the facility. The petitions for the granting of this license were at this time marked D and introduced as evidence. McLaughlin requested Leroy t o begin by defining discotheque, which he defined as a place where people patronize t o dance t o recorded music. There i s no 1 iv e entertainment. He described his sound system as a ten-inch reel of tapes playing between four and six hours recorded by an F.M station in Boulder or Denver. They would play all types of music and would be using four Carnegie speakers for quadraphonic sounds. It would produce good sound instead of loud noises. McLaughlin asked if this particular building had any open windows and Leroy answered that it w i 1 1 have windows that w i 1 1 be open -- open in the summer and closed inn the winter -- or an exhaust fan, which would project the sound out t o the Creek and t o the new pond. McLaughlin asked him if ac- cording t o the terms of his lease agreement, did he have the final control over the volume of the music. He said no, Chuck Rosenquist his landlord could come in at any time and turn down the volume. But he said the loudness can be controlled. When asked t o describe the decor, Leroy said it would have an intimate atmosphere and people would be dancing on glass lights. The entire interior w i 11 be black and white. McLaughlin asked why they had chosen the name SHE Productions, and Leroy said that they liked it because it doesn't sound like a night club and they wanted it to be a place where single girls and women would like to come; they want to cater to women and their ways. His hours will be 8;3Q p.rn. to 2:~0 a.m., and the only food that is t o be served is fondue. They w i 1 1 have four t o five items, mainly fish. Their kitchen is small. There is a provision ,~~ his lease which gives Chuck Rosenquist final rule according t o menu and sound. When asked if he had the right t o present possession, Leroy replied yes. Exhibit C was then referred to. Mr. Ferguson asked Leroy t o clarify the drawing and location in relation t o Bobby Mac's. He said that the front half is under Bobby Mac's deck, but the back half is under their dining room. 8 The length of the room is 46 feet. The building is now complete to the post; the back half is presently underground parking. The windows are in the front of the building. The air w i 11 come in from the back and out through the front. New construction is called for, and they have not designed where the windows are going to be, but they w i 1 1 comply with the laws of the Town. Ferguson read a portion from the C.R.S. which requires complete plans t o be filed at the time of application -- an architectural drawing. McLaughlin said there are architectural plans of the building. The final plans have been drawn up for Mr. Struble, Vai~'s building inspector. Ferguson asked for ventilation plans and McLaughlin says they w i 1 1 be filed before the Board makes their decision. Pepi Gramshammer wanted the plans in the file. Mayor Dobson stated that the Board w i 1 1 take notice of Ferguson's objections and would return t o the applicant's testimony. McLaughlin asked Leroy t o describe the interior changes and he said that the back half w i 1 1 be made out of the present parking lot; therefore, three and a half w a 11 s will have t o be changed, Leroy was then asked i f he had ever been an the Nu Gnu and he replied yes, and his establish- ment w i 1 1 in no way be like it except there w i 1 1 be drinking and dancing -- no rock and roll. McLaughlin then asked him i f he had talked with visitors t o Vail, and he answered yes, they have ex- pressed, regarding the availability of entertainment to Vail, the need for more night time activities -- there were not enough places t o go, and they were all too loud. He would cater t o the age group from 21- 65, mostly from 28- 30. According t o a survey he had read the average age of people coming to Vail is 29. McLaughlin asked him if he had experienced any difference i n the past with crowds, and he answered yes. He would ask for no cover charge. When asked if he would compete with the Nu Gnu or other establishments in Vail, Leroy replied they would be giving the people entertainment. McLaughlin then asked zf he felt there was another facility in Vail adequately serving the needs that he hoped t o supply. Leroy an- swered no, there was no discotheque. At this time, a magazine ad was presented as Exhibit B, showing that TWA was advertising in many travel magazines etc., that there is a discotheque a.n Vail; he further said that this was apart of TWA,'s 1.3 million dollar campaign, which ad w i 1 1 probably be seen by any potential skier and every skier. Another article, presented and introduced as Exhibit A tells of the "Aspen Look" and a place called Fx'ederico's "where the actions at." These articles helped him to make up his mind about starting a disco a.n Vail. Leroy was then asked if there had been any disco facilities in the Town up until now, and he answered no; there was live entertainment and recordings used between bands. When asked i f he were offering a particular type of entertainment, he answered yes, plus selling alcoholic liquor. When asked if he thought the Town needed another restaurant, he replied that if the people want them, the good ones would stay and the bad ones would go. Asked again if he thought the Town needed another restaurant, he replied no. Then Ferguson asked him ifhe were having just the minimum food as required by law, and Leroy's reply was yes. He was asked if he had heard k ~ R Casino's hearing and he replied yes. Ferguson then asked a~f he were appealing t o the same age group and he said yes, he is cat- ering to adults. He was then asked if he felt there were room in Vail for both facilities and he said yes. When asked i~ he planned to operate year around, he replied that his lease called for ten months of the year operating time. In the summer, he would pos- sibly serve lunch and have a cocktail hour. when asked about the expenses of the tape, he said they are very expensive -- about $500 for a tape, and he would have about 20 tapes -- four hours long each; however, a.t wouldn't compare to the costs of live enter- tainment. He further said that the entire building would be sound- proofed. Ferguson then asked fQr the plans for sound-proofing and was told that it was the intention of the applicant t o sound ~roo~ the ceilings and all the walls. At this point Robert McClure wanted t o ask a question and McLaughlin said he objected t o anyone's asking questions who was being represented by Ferguson. It was 9 decided that these individuals should be sworn in; then they could be cross-examined. Gunther Hofler said that he was not against a night club facility, but was opposed to their opening arestuarant as such. Robert McC7.ure, the owner of Bobby Mac's, questioned Leroy as t o what part of Bobby Mac's would the disco be under, and the answer was 28 feet of his dining room. He said that the condo- minium owners above him had tried to sell because of his soft dinner music, and he has two inches of concrete on his ceiling for soundproofing. McLaughlin objected to this type of question- ing as McClure had not been sworn in as a witness. But McClure went on t o say he had heard they were going t o have live enter- tainment -- a drummer playing along t o the music. Van Fulton was called to the witness stand and stated that he is in between occupations; that he is 30 years old; that he is a partner with Tom Leroy 50- 50; that he would be a manager-- worker, in the partnership. When McLaughlin asked him if he had had experience in the restaurant business, he answered yes, he had tended bars and worked in restaurants. In 1965 he worked for Herman Dupre at Seven Springs; also the Mad Hatter Restaurant for one ski season. They did not have liquor facilities. He worked on the Virgin Islands and was i,n charge of the food and beverages, also a manager at Rockefeller Resort. Asked if he had ever worked with live entertainment, he said no. McLaughlin asked him how much square footage there would be, and he answered 1485, including restrooms and storage, or about 1200 feet usable space. He was then asked if he had talked to visitors in Vail. He said yes. He has been here three and a half months, and the visitors say there should be more than one place t o go. McLaughlin asked him if he felt the needs of the neighborhood were being satisfied and he answered no. Fulton then said they might do dixieland music one night, blue grass another, etc. -- it would not go out of style. When asked if he thought existing facilities in Vail were meeting the needs, he said no. Sometimes there would be a good group and other times there wouldn't. There is not consistent good music in Vail. When McLaughlin asked if it would compete with other establishments in Vail, he answered it might take a little bit from everyone; but it might be catchy enough t o bring people to Vail. His friends think Vail should have more night clubs. He said they could fit 94 people, but w i 1 1 be set up for only 80. John Ferguson questioned how the petitions that had been introduced were circulated, and Fulton answered that Leroy`s wife Ga.gi had gotten the names from residents and visitors t o the Town of Vail, within the last two days. When Ferguson asked where she went, McLaughlin objected, saying the petitions had already been admitted. The question was answered by saying that Mrs. Leroy had gone house to ouse and t o the Holiday Inn. Ferguson asked ~,f prior t o Fulton's 3~ ~sidency in Vail, had he been here, and he answered that he had ma e several visits to Vail. McLaughlin then called several witnesses en masse--the witnesses that had previously been sworn in. He explained that he was going t o ask these people together some questions and they were t o have either a positive or negative response, and he asked Ferguson if he had any objection. Ferguson answered no. McLaughlin then asked if al l had been present during the testimony and they all answered yes. He asked them, taking into consideration the testimony, do they feel the existing facilities fill the needs of Vail and they answered no. When he asked i f they all felt t h i s facility is needed, they all answered yes. McLaughlin then turned t o Harlan Chaote, president of the Rotary Club. He was asked if he had conversations with visitors and he answered yes. McLaughlin 10 asked him if these people had expressed anything in regard to entertainment in Vail. Chaote answered that people have mentioned the need for more night-time activity and they say Aspen is where the action is and Vail is where the skiing is. Ferguson then questioned Chaote. He asked i~ people had mentioned the need for a disco, and were they talking about subteens, over 18, or what? Chaote said they were talking about adult-type entertainment. He then asked the group if the need they were referring t o was based on this type of facility. They said yes. He asked if it was their contention that there is a need for additional restaurants, and they answered no. The case for the applicant was concluded. Ferguson then introduced the map showing Vail Village and the number of alcoholic beverage outlets. McLaughlin had no objections. Ferguson then said he felt the survey should be included as evi- dence. McLaughlin objected on the grounds that it is unfair to enter this witha~t questioning the person who compiled it_ Mayor Dobson said i~ would be admitted, with McLaughlin's comments noted and the Board would assess its validity. The following persons were called by John Ferguson and sworn in by T. ~T. Minger, Town Clerk: Pepi Gramshammer Harry Franzgen She~,ka Gramshammer Robert McClure Robert McClure stated that he was owner and manager o f Bobby Mac's in the Creekside Building. He stated that half of the disco would be under his dining facility. Ferguson asked if he was against or in favor of the granting of this license. He stated that he was against it, because he didn't know what was happening. He was going to be part of this operation until they couldn't get the space they wanted to get. He felt that the music coming up into the dining room could hurt his business. He said that he might know more than a 1 of of people since he was going t o be apart of it_ He understood that there was to be a live drummer who would play along v~ith the recorded music. When he signed his lease, it never went into his mind that there could be a disco or even com- mercial space underneath Bobby Mac's. Ferguson asked if there were bar facilities close by, and he answered yes, the Lancelot, Gasthof Gramshammer, Guidons, and the Left Bank -- they all center around the Creek. Ferguson asked i f the disco could be put into an exist- ing facility in Vail, and McClure answered yes, but not z~ his. There is an eight-foot ceiling in his restaurant and the condo- minium owners are selling out because his music is too loud. Ferguson asked if Vail needed an additional three-way license at this time. He answered that he is not against anybody's doing his own thing; ~,t is fine unless they step on someone else's toes. He doesn't know what the saturation point is; the Board is going to have t o decide that. McLaughlin then asked McClure if this type of establishment would serve the needs of the neighborhood and he answered yes; he was involved in this until it was negotiated. McLaughlin asked him if he had now changed his mind. He said yes, since it was now affecting his restaurant. McLaughlin then asked him i~ assuming there would be no noise, would he be in favor of it, and he said that he couldn't assume that. Ferguson then questioned Franzgen, who opposes the granting of this license. He also understood there would be live entertain- ment, and is opposed to live entertainment. Ferguson asked if he felt there was any need for this type of facility, and he answered no. He asked him if he felt the needs of the neighbor- hood were already satisfied and he said yes. Ferguson asked if 11 there were record playing anywhere i n Vail ever and i f it worked out. Franzgen answered no. It was felt there was nothing re- markable about this operation that couldn't be put in an already existing facility. Pepi Gramshammer was then brought forward and he was against the granting of this license because there are too many places in Town and everything is concentrated in the middle. He thinks we don't need it, and the noise factor annoys him very much. When asked if the neighborhood needs any three-way license at this time, Pepi answered no. Further, his guests objected t o the noise and he has 1 o st business. McLaughlin asked Pepi if his main objection was that of noise. Pepi answered that we have enough places now. The noise and everything else bother him. McLaughlin asked if he could really say this about this establishment as he didn't know if it would be noisy. Pepi said he was basing it on past experience. Sheika Gramshammer then took the stand and stated that she was against this for the same reasons as Pepi. Ferguson asked her if Vail needs another three-way license, and she answered no. When asked if the needs are being satisfied at the present time, she answered yes. She also stated that no new rooms had been built but that new liquor licenses had been granted. Also, that Leroy said he would serve lunch, which she is also against. She said there are other three-way licenses now pending -- six that she has heard about. Ferguson asked if that fact entered into her thinking in respect to the total picture and she answered yes; there are enough now. McLaughlin asked i f noise was one of her main objections and she answered it was one of three, and was based on past experience. There is no quiet night club -- if it stays a night club. Ferguson asked i f she thought we needed two night clubs and she answered no. Mayor Dobson asked for the final summaries. McLaughlin said that since the study was admitted into evidence, he was going t o cite some of it. 57.75% of the conventioneers and 65.39% of all the people questioned felt they needed more entertainment facilities in Vail. There w i 11 be a considerable amount of growth in V a i 1 for the next few years. When asked what particular types of eating and drinking places they would like, they answered ballroom, folk, jazz, disco, etc. The study by and large directs itself t o considerable problems in the Town of Vail, parking problems, etc. Pages 50 and 51 of the study said we don't need anymore licenses but more restaurants and the study contradicts itself. TWA advertises Vail as having disco. McLaughlin then stated there was no valid testimony against this disco. He had more signatures on the petitions for it than the opposition had against it. He said that Sheika's testimony was contradictory and she really has no objection except for the noise. He said the disco could never be a general purpose restaurant. Franzgen said he was filled in the summer and was saying that things like this failed because of costs of live entertainment. This place won't compete. It is an after dinner dancing entertainment facility, and is needed by the Town of Vail It is going to be small. He then said he felt most of the people liked the idea of an entertainment facility in Vail but were worried that it wouldn't be kept that way. It is restricted by the lease to certain sound levels and if they are successful as a restaurant, wouldn't that prove that we need more restaurants? Ferguson in his closing statements said that the thing that distrubs him the most is the fact that we are being asked t o buy a well- . intent.ionE~ci r~i._1] cif ~c~c~cf,~a without any restrictions or guarantee 12 assuring that this ~.s the way it is going to be. The noise problem has also been brought up. The criteria for determination of the Board of Trustees ~.s not noise, but whether the needs of the neigh- borhood are being fulfilled. To speculate on noise is silly be- cause night clubs are noisy. The question for this group is the needs of the neighborhood and the desires of its inhabitants. There were more petitions in favor than against. Mrs. Leroy is a very attractive young lady -- it i s much easier t o sign something in favor than it is to get something against it. The requirements have been satisfied with regard to three-way licenses. The enter- tainment feature is widely recognized because of surveys etc. En- tertainment is needed, but those who have tried have not succeeded. People don't support ~t when it is there. He doesn't think the disco offers anything unique at all. Any other night club facility could offer it_ They are asking for athree-way liquor license, without limitation. For the record, he has serious question about the adequacy of the plans for the type of facility, thinking ~t doesn't go with the statute. Legality of the applicant's statement. He wonders about saloons, and questions the right t o serve a minimum of food. This hearing is over. The applicants were told they would receive written notification within 30 days, The meeting was adjourned at 1:40 a.m. Town ler ~~ nn u • 13 `~' ti. • MINUTES SPECIAL MEETING BOARD OF TRUSTEES OF THE TOWN OF VAIL SEPTEMBER 22, 1971 A special meeting of the Board of Trustees of the Town of Vail was convened at the hour of 10:0 o'clock a.m., September 22, 1971, at the RamsHorn Lodge, Vail, Colorado. Mayor John A. Dobs Trustee Trustee Trustee Trustee Trustee ~n and the following trustees were present: Clayton Freeman Tod Anderson Dr. Thomas Steinberg John Donovan Gerry White Also present were: Terrell Minger, Town Manager Larry Robinson, Town Attorney The Mayor acting as chairman declared that a quorum was present and called the meeting to order. The chairman advised the Board that the meeting was convened from the adjournment of the meeting heard August 23, 1971, sitting for the Local Liquor Licensing Authority, to consider the liquor license application filed with the Town by Rumford-Nottingham Enterprises. The Board reviewed the minutes of the liquor license hearing held on August 23, 1971, and considered the testimony and various documentary e~~hibits presented at the hearing, together with the "Review of Liquor Licenses and Town Profile" prepared by THK Associates, Inc., at the request of the Town of Vail. The Board had previously advised the Town Manager, Terrell Minger, to attempt to obtain additional information from the applicant for the reason that the Board had considered the evidence presented at the hearing of August 23, 1971, grossly inadequate to substantiate the need for an additional restaurant type liquor outlet ~,n the neighborhood defined as the Town of Vail and the ~.nune~iate vicinity. Mr. Minger reported to the Board that the applicant was not able to supply very much ad- ditional information that would enable the Board to better comprehend the type of establishment proposed by the applicant; however, he did obtain some information relating to the decor of the facility and a general notion relating to the proposed menu of the restaurant. The Board considered this additional information. The Board considered, by way of taking administrative notice, the contents of the liquor license review prepared by THK Associates Inc., and specifically noted that there were ap- pro~~imately 23 outlets in the immediate area. The Board also noted the fact that one conclusion of the survey was that the neighborhood already had sufficient outlets of the general character proposed by the applicant. Mr. Donovan raised the question of whether or not the lodge guests would constitute a factor relating to the needs of the neighborhood. Although the number of guests staying at the Talisman might find it convenient to have a restaurant in the building, the size of the lodge and condominium spaces would not adequately constitute sufficient business to justify the restaurant. Mr. White indicated that he thought the lodge guest created a demand fbx~ such a facility; however, it was acknowledged by the Board that there are an ample number Of similar outlets available in the neighborhood. .1 .~, The Board then discussed the issue of distinctions between the Rumford=Not:-~irtgham application and the Golden Peak facility. Mr. Minger pointed out that the Golden Peak facility serves a special neighborhood, is removed from the core of the village, and is needed by a large number of skiers visiting that specific area, as w e 11 as the tennis program during the summer. The Board reviewed in depth the findings of the independent survey requested by the Board and concluded that the applicant had not made a prima facie case in support of its application and had failed to establish that the needs of the neighborhood, for the type of outlet proposed, had previously not been satin-- fied. Motion was made by Mr. Anderson for approval of the application, which motion was seconded by Mr. White. Chairman Dobson called for a vote on the motion, which was as follows: For approval: Mr. White M r . Anderson Against approval: Dr. Steinberg M r . Freeman M r . Dobson Abstained from voting: Mr. Donovan Chairman Dobson declared that the motion failed t o carry and that the application should be denied. The Chairman advised the Town Clerk and Town Attorney t o prepare a written decision in accordance with the findings of the Board and the conclusion that the applica- tion should be denied and t o forward same t o the applicant. The Board then considered the application for K ~ R Casino, and with little discussion, Trustee White stated that he was ready to vote. Trustee Anderson moved that this three-way license be approved. Trustee Donovan said that there was a good case pre- sented against the issuance of this license. Anderson said there would be noise if they were issued a three-way license just as there would be i.~ they retained their 3.2 beer license. Trustee Donovan said he doesn't think the proposed operation can be suc- cessful in Vail, even though the people say they want it. Trus- tee White feels that the Casino is one of the finest entertain- ment facilities he has ever encountered in a resort. He thinks it should be operating as a night club. Trustee Freeman said that • he felt most everyone was in favor of it. Trustee White said that the applicant had proved without any questions a need fora liquor license. The Board then discussed the idea of having k ~ R Casino (and other establishments who were granted a liquor license) sign a contract stating that they would operate their facility as orig- inally proposed. It was agreed that this might not be practical for the applicant. Some of these procedures can be enforced when Vail. goes home rule. Trustee Anderson feels that the Town should be more strict in its renewals of liquor licenses. Trustee White said he felt we should issue them a statement about the noise problem -- that excessive noise would put their license i.n jeopardy. Mayor Dobson asked if the Board was ready t o vote. Trustee Anderson motioned that application be approved, Trustee Donovan seconded, and the vote was unanimous in favor of granting this license, with Trustees White, Freeman, Steinberg, Donovan, Anderson, and Dobson all voting for it_ This license application was granted. • _~ The Board then considered the application of Thomas Leroy and Van Fulton, a partnership, dba SHE PRODUCTIONS, for a three-way liquor license. . Trustee Steinberg stated that he felt they could go t o an exist- ing bar facility and install their discotheque. Mayor Dobson ~~ noted that neither of these boys were really experienced in the restaurant-bar business. Minger said he felt that with their converting part of the exist- ing garage t o the restaurant facility, they may not have the re- quired F.A.R. and would not be able t o operate. Ed Strul~le, Vai1's building inspector, would have t o be consulted, though Leroy had said at the hearing that he had Struble's approval. The parking requirements were also discussed, and Mayor Dobson said that Vail. Associates was in the process of quit-claiming some property in the middle of Creekside and behind the Covered Bridge Store, which might furnish Rosenquist (the owner of the building where She Productions is t o be located) with a couple of parking spaces. Trustee Donovan said he felt the Board should approve this license on the same grounds as we approved the other one for K ~ R Casino, if the F.A.R. and parking requirements are met. Trustee White said he thinks there is a need for this type of after-dinner entertainment, and there really wasn't much said against its being granted. Even Bob McClure felt that the neighborhood needed it_ Trustee Donovan wondered how the Board could keep them from ex- panding t o the outside and he was answered that they would have t o fill out an 18- E application. Trustee Anderson made a motion for approval of this license and Gerry White seconded. Trustee Donovan suggested the Board approach them with a contract stating their hours of operation and menu and noise, though Larry Robinson said he wouldn't know how t o go about implementing it. A vote was then taken, and was as follows: The following voted for approval of this license: Trustee Donovan, Trustee Freeman, Chairman Dobson, Trustee White, Trustee Anderson. Trustee Steinberg voted against the issuance of this license. The license was granted. The Board then convened as the Board of Trustees. Charles Langmaid had presented a parking variance for approval of the Board of Trustees. The parking variance would allow cars t o back out into the right of way. Trustee White motioned for ap- • proval, Trustee Freeman seconded, and the vote was unanimous for approval of this variance. AN ORDINANCE ANNEXING TO THE TOWN OF VAIL CERTAIN TERRITORY SITUATED I N THE NORTH HALF OF SECTION EIGHT (8) , TOWNSHIP FIVE (5) , SOUTH, RANGE EIGHTY (8 0) VV~1 OF THE SIXTH PRINCIPAL MERID- IAN, COUNTY OF EAGLE, STATE OF COLORADO; AND SETTING FORTH DE- TAILS I N RELATION THERETO. was read by the trustees , and they were polled as to whether they understood it_ They all answered yes, and Trustee Freeman motioned for approval of this ordinance, Trustee White seconded, and Ordinance No. 13, Series of 1971, was unanimously approved. It was mentioned that there should be a couple of lights near the main parking lot entrance. Minger asked the Board if they felt it alright if he wrote the Antholz property developers a letter stating the Board's position as being in general agreement with their proposed zoning with the exception of the M.F. zoning behind Manor Vail, which they feel should be greenbelt. This met with approval from the Board. i -3- r w1 ~ Larry Robinson presented several documents in which Vail Associates has dedicated or leased several parcels of land for the purpose o~ recreation, including all the stream tract from the sewer plant bridge going east, with the exception of the parcel from Willow Bridge Road t o the Creekside Building fora period of 99 years. M~.ng~:r said the Town would prepare a map for the Board showing these tracts, streets, etc. Trustee Steinberg motioned that the Town accept these various land and street dedications and leases; Trustee Donovan seconded, and all trustees voted in favor of this. An ordi- nance w i 11 be written to this effect. As there was no further business, this meeting was adjourned at X2;40 p.m. ~""Z own Cl rk nn • • 'a MINUTES REGULAR MEETING BOARD O FTRUSTEES/ PLANNING COMMISSION OCTOBER 12, 'E97~ A regular meeting of the Board of Trustees of the Town of Vail was held pursuant to call and notice, along with the Vail Planning Commission, at the hour of 7;30 p. m., October 12, 1971, in the t_ionsHead Meeting Room. The following trustees, constituting a quorum, were present: Mayor John Dobson Clay Freeman Tod Anderson Dick Bailey John Donovan The following members of the Vail Planning Commission were present: • Dave Gorsuch Rod Slifer, Chairman Bob Clark John Donovan John Dobson Also present at this meeting were: Terry Minger, Town Manager Larry Robinson, Town Attorney Jerry Brown, Eagle County Planner, was present to show his filmregarding 1-70 and Glenwood Canyon. He said that the interstate was going to be built within the next two or three years, and the people now have a chance to de- sign agood looking highway rather than afour-lane highway that might ruin the beauty of the canyon. His film showed atwo-level structure in Italy, which he stated as being one way to keep the canyon pretty; however, he also noted that there would be a tremendous snow removal problem. The film had various cuts made by the Highway Department on other projects similar to this proposed one, and he pointed them out as being very unsightly. The ultimate decision will be made by John Volpe, Secretary of Transportation, and Governor John Love. Mr. Minger and Dick Peterson, President of Vail Associates, had met this day with two representatives of the Highway Depart- ment, concerning Vail Pass, which is another project that Jerry Brown would like people to be concerned with. The Antholz property was then discussed. John Amato, developer; Walter Richardson, planner; and Art Tarler, project director, were present to ex- plaintheir intentions. Itwas noted that the plan had already been presented to the Board of Trustees and the Planning Commission for review, but that this was a hearing of an informal nature to encourage public comment on the development. After an explanation of the development plans, Mr . Walter Maitland objected to the access road which cuts through the two main parts of Manor Vail, saying that this would be a very congested road and being op- posed to vehicular traffic of any kind. He also said that more consideration should be given to the proposed M. F. zone directly behind Manor Vail. He also noted that if there is going to be a ski lift there, the parking i s not ade- quate, and he thinks that perhaps the skiers will use the Manor Vail Parking f 7 t Lot. Another point that worries him i s the removal of the valuable trees surrounding this property. Chuck Brigg, attorney from Denver representing Manor Vail, made the fol- lowing objections: He felt that the bridge proposed for vehicular traffic should be pedestrian only, as is the rest of the Town, that possibly there could be a vehicular access from the east. He also questioned the ownership of the strip of road in question. He then started talking about the ski lift, at which point Dick Peterson stated that there were no plans at this time for a ski lift to serve the Antholz property. Walt Richardson said that the access from Frontage Road would probably be used more for cars than the bridge between the buildings at Manor Vail. He also explained that this bridge i s i n the only possible location due to the grade of the land. Further, that it would be impractical to not have vehicular access at first for merchandising purposes. Most of the skier parking would be done i n the north portion of the property, i n the mesa. He also stated that projected number of people i n this area would approach 3,000. Mr. Amato then commented on the bridge. He said that it had originally been planned as access to the Antholz property, that they need vehicular access i n the early stages of the development, and that if it were not econom- ically feasible, they would not petition for annexation to the Town. He also said that they had tried to sell the property directly behind Manor Vail to the owners of the condominiums at Manor Vail, and that they had refused it. A meeting will be scheduled soon for recommendations from the Planning Commission and the Town. ORDINANCE NO. 14, SERIES O F 1971, AN ORDINANCE ACCEPTING THE DEDICATION OF LAND FOR PUBLIC USE, INCLUDING PARK FACILITIES, PEDESTRIANAREAS, PUBLIC STREETSAND THOROUGHFARESAND OPEN-SPACE PROPERTY; THE ACCEPTANCE OF LEASEHOLD INTEREST I N CERTAIN REAL ESTATE FOR PUBLIC USE INCLUDING PARKS, PLAY- GROUNDS, AND PLACES FOR RECREATION AND AMUSEMENT; THE ACCEP- TANCE OF STREET DEDICATIONS; AND SETTING FORTH MATTERS IN RELATION THERETO was approved after an endorsement by Rod Slifer, a motion by Trustee Donovan, and a second by Trustee Anderson, and a unanimous vote. Some zoning changes for the 3rd filing at LionsHead were discussed by Bob Nott, Vail Associates, and itwill be again be brought up at the meeting to be held November 2. The final hearings on the 2nd and 3rd filings for Vail Associates LionsHead were approved after a motion by Trustee Donovan, a second by Trustee Anderson, and unanimous vote for approval by the Board. Jim Wolfe's proposal to run ahorse-drawn sleigh out to the Golf Course from the Chili Bowl and using the Golf Clubhouse for entertainment was discussed, but it was decided that this proposal should be taken before the Rec District Board. The Biue Cow had asked for an easement through the Town's parking lot, and it was decided that after the parking structure plans are made, the Town will consider the easement request. The trustees were to meet to look at the sub- ject property. The meeting adjourned at 11:13 p. m. ~ .. T wn lerk nn ~ J E~ MINUTES SPECIAL MEETING BOARD OF TRUSTEES/PLANNING COMMISSION NOVEMBER 2, 1971 A special meeting of the Board of Trustees and the Vail Planning Commission was held i n the Town Office at 1:00 Q. m. , November 2, 1971. The following members of the Board of Trustees were present: Mayor John Dobson Dick Bailey Tom Steinberg Clay Freeman Tod Anderson The following members of the Planning Commission were present: John Dobson Dave Gorsuch Rod Slifer, Chairman Bob Clark Also present at this meeting: Terry Minger, Town Manager After some discussion regarding the proposed zoning for the Antholz property, the Planning Commission and the Board of Trustees made the following recommendations: 1) The M. F, zone behind Manor Vail will not be allowed; 2) The Commercial Core area should be reduced and changed to possibly M. F.; 3) Pedestrian access only, right from the beginning, for the road going to the Antholz property through Manor Vail; 4) Reduction of H . S .from 1.56 acres to .75 acre; 5) Single curb cut for M. F. Townhouses; 6) More parking. The two boards then went over to the property to examine it. They felt that some study should be made concerning vehicular access from the C.C. and P.A. to the M. F. Mayor Dobson stated that if we knew if a lift were being planned for that area, the job of determining appropriate zoning would certainly be easier, besides making a difference as to how the property should be zoned. A letter wi I I be written to the developers with the above recommendations. The question of allowing a wholesale bakery i n the Creekside Building was brought up, and the boards determined that no wholesale operations are allowed i n the C.C., according to the definitions i n the Zoning Ordinance. There are other construction problems with this building, and Ed Struble, the Building Inspector, has given them 30 days to remedy them or the job w i I I be closed down. Bob Clark asked if it were possible to control building heights, and itwill be considered i n writing the new zoning ordinance. Also, it was agreed that the Architectural Control Committee would be able to exercise more control if itwere taken over by the Town. The matter of Super Foods wanting to install an incinerator was discussed and the Board decided that they could not have an incinerator; it is against Town Ordinance. • Rod Slifer and other members of the Planning Commission had been working on parking requirements and changing the ordinance. He had worked out a ratio according to square footage, etc. He will send their recommendations to the Board and the members of the Planning Commission for further study. Some discussion on Vail Associates wish to change zoning in the 3rd filing i n LtonsHead led the Boards to a suggestion of possibly extending the P.A. Charley Gersbach then appeared, and the Boards discussed their recommenda- tions concerning the Antholz property with him, A letter from Roger Brown asking for a definition of a family or ahome-rental policy led to a discussion concerning various problems throughout the village, and a policy w i I I be worked on by the Boards. A short explanation of the Manor Vail CondominiumAssociation application for athree-way liquor license was made by Terry Minger. The hearing is scheduled for this evening. There being no further business, the meeting was adjourned at 1:20 p. m. • nn • ~I,tic~~ T~Clerk r • t MINUTES REGULAR MEETING BOARD OF TRUSTEES/LOCAL LIQUOR LICENSING AUTHORITY BOARD OF DIRECTORS, RECREATION DISTRICT A regular meeting of the Board of Trustees of the Town of Vail, acting as the Local Liquor Licensing Authority, was held, pur- suant to call and notice, at the hour of 7:30 p.n1,, November 2, 1971, in the Vail Elementary School. The following members, con- stituting a quorum, were present: Mayor John Dobson Dr. Thomas Steinberg John Donovan Tod Anderson Dick Bailey Clayton Freeman Also present were: Terrell J. Minger, Town Manager Larry Robinson, Town Attorney • Chairman Dobson called the meeting to order, and the Board convened as the Local Liquor Licensing Authority to hear the application for Manor Vail Condominium Association. After the preliminary statements, Dobson declared the hearing open. Lauren Mall was introduced as attorney representing the applicant, Manor Vail Condominium Association (Dick Elias}, and introduced another attorney for the applicant, Bob Schowalter. John Dunn was also introduced as attorney representing the Lord Gore Restaurant (Pagi Lang~gg~z~). The witnesses for both the applicant and the protestant were sworn in by Terrell Minger, Town Clerk. In presenting his case for the applicant, Lauren Mall explained that the situation was somewhat complicated, in that Building "A" and the grounds are owned by Manor Vail Condominium Association. The Lord Gore Restaurant Building is owned by Barclays, Ltd., and leased to Lord Gore Ltd., who are opposing this application. This summer there was a memorandum agreement between Manor Vail Condo- minium Association (MVCA) and Lord Gore Restaurant {LGR) saying that the LGR would serve banquets for the MVCA. It was a simple memorandum, and it was terminated on October 27; the basement was locked at the same time so that the liquor license of the LGR was no longer in effect in that area. Mall stated that the MVCA would like to obtain their own license for this basement, which they own, as there is a definite need because of the convention facility and the desires of the inhabitants. Steinberg asked if the non-profit corporation could hold a liquor license, and if so, where would the profits go. He was answered that it was a non-profit corporation and the profits went back to the owners for tax purposes. Dick Elias was then introduced as the general manager of MVCA. In defining the needs for this license, he read some statistics from a Vail Resort Association report dated October 15, 1971, which was introduced as Applicant's Exhibit B. This report showed the people nights and the total number of clubs staying here in Vail as con- ventions. Manor Vail hosted more than one third of these people, especially those clubs in excess of 100 people, MVCA had used the figures from the VRA report to compute the ratio of people staying at Manor Vail; their statistics were shown on a chart introduced as Applicant's Exhibit A. Elias was asked if the liquor license was necessary, and he stated that the facility could banquet 663 people; it was 10,000 square feet; it could host a group of 750 and break it down into eight sections; it further had a large area with complete audio-visual facilities and excellent acoustics. Elias said that 90 percent of '~ the people requesting conventions wanted liquor. He was asked the average number o t~ days a convention stayed at Manor Vail and how many functions they required. He said that in summer the average stay is three days; in the winter five. Winter conventions require about 15 meal functions, and summer about nine. In most of these cases, liquor is required. No other facility in town could do this, at least i.~ there were more than 300 people. He was asked what the impact would be if the license were not granted, and Elias said that they might have to close again. Then he presented more figures on conventions booked at Manor Vail., which was introduced as Exhibit C. He also talked about a group of people he called a premier group. These were people who repeatedly came back and represented quite a bit of business for the village. There were six of these groups, which was introduced as Exhibit D. Mall then asked i~ Elias felt that the needs of the neighborhood and the desires of the inhabitants were such that he should have a liquor license, and E 1 i a s answered yes. E 1 i a s also stated that he would be open for conventions only and would not be a restaurant serving the public. IIe was asked if he had full kitchen facilities, and he said that he had what he would call a roast and broil kitchen, and that he had the employees to operate it_ John Dunn then questioned Dick Elias. He gave him the articles of incorporation and the corporate charter to examine and asked if there had been any amendments to them. Elias said that his attorney would have to answer this. It was entered as Protestants Exhibit 1_ Elias was asked to read the third paragraph, which defined the purpose. Dunn then asked him if there were an existing license to the premises, t o which Elias answered that Building A no longer had a liquor license, but that the Lord Gore Restaurant did. Dunn gave Elias several papers t o identify , one of which was the memorandum agreement between the LGR and MVCA. Another was the termination memorandum. These papers were entered into evidence as Exhibits 2, 3, 4, and 5. Dunn then asked how many groups used these facilities during 1971, and Elias answered 22, and he read the names. He said that in. 100 percent of the cases, the people asked for liquor; the bar was set up either downstairs or out by the pool or in both places. He said that the only changes he anticipates if this license is granted is to make it better equipped. When asked if Elias characterized this facility as a restaurant or a hotel, he said both. Elias also stated that his group business would increase by 40 percent for 1972. Dunn asked i~ there were an access between the banquet dining area and the hotel, and Elias said no. ~ Mall then asked E 1 i a s t o explain the purpose of Exhibit 4 , which ~~ Elias said was a letter of intent merel settin the roundwork Y g g for the negotiations, but not a formal agreement with the LGR. Dr. Steinberg asked ~,f the needs were met this summer, and E 1 i a s answered yes, by getting the extension. When asked what MVCA would do if they weren't granted the license, Elias answered that they could get a special events license, but that they are opposed to having an agreement with LGR. Anderson asked what was wrong with the agreement they now had with the LGR, and Elias answered that they were two di.ffexent entities, and a four-way partnership in the LGR that may split up at any time. At this point, Mayor Dobson asked that they continue with the pertinent testimony. -2- r Anderson asked who would operate this restaurant facility, and the answer was Manor Vail Condominium Association. John Mueller, a Manor Vail employee, was then questioned concerning a petition that he circulated in Town, which was introduced as Applicants Exhibit G. He stated that no one objected to Manor Vail's obtaining a liquor license downstairs. Only six people he approached would not sign the petition -- not because they did not support it, but because they had other reasons for not becoming involved. John Kelly, director of sales and convention services at Manor Vail was then introduced and questioned. He was asked how many groups asked for liquor to be served, and his answer was about 99 percent. He was then asked how much money Manor Vail spent to promote conventions each year, and his answer was $25,000 to $30,000. He said that if they would not be able to serve liquor, they would lose the business. He felt there was a need in the neighborhood for this license; that the desires of the inhabitants were to have this license, and that it was vital to the business. Luc Myer, manager of the Left Bank, was then questioned as to the needs of the community for this liquor license. He stated that Manor Vail has sent quite a bit of business his way, and if they don't obtain approval for this license, the Town would lose a lot of convention business, and a lot of other business then. He is supporting the approval of this license. Pepi Langegger was introduced and questioned as manager of the Lord Gore Restaurant. Exhibit 6 was presented and entered into evidence. He was asked when he received the termination notice, and he answered two days ago. He said that the agreement provides that the LGR receive 7 percent of the gross revenue from the catering, and that they have been catering since the end of June. Further, that he had received no complaints. They had catered to 22 groups, who had used 80 percent food and 2d per- cent liquor; 75 to 80 percent of the groups had requested liquor. He was asked the capacity of the facility, and he replied 633. When asked if he felt the kitchen facilities were large enough to serve this many people, he said no, that they do most of the cooking in the upstairs kitchen. Mall then asked if he had been receiving money from this catering service, and Langegger answered yes, that he would lose an economic benefit by MVCA's obtaining their own liquor license. The attorney for the applicant was asked to make his closing statements. He said that the Board of Directors of the association wants to have its own liquor license for Manor Vail Condominium Association, and that they have a definite need for it; they cannot continue to depend on someone else's license. He stated that the memorandum concerning the lease was irrelevant, and that the argument was not valid, He said that the LGR was locked out of the basement, which terminated immediately any extension of their liquor license. He also stated that the corporate charter did not limit their acts at all. He felt: that on the basis of the testimony etc. he has shown a real definite need for this license. John Dunn, the attorney for the protestant then made his closing statement. He stated that there were at least five defects in this application which would require denial of this application. Further, that there was not enough evidence presented showing a need for another license in the same building. He also said the lease termination is not valid, but that the Board would have to decide that. He noted that the termination notice was presented only two days before the hearing. He thinks that MVCA should show that their premises are even available for licensing. He stated further that if there is a need for a license, it is being fulfilled. He questioned whether the corporation as such could hold a liquor license. He also noted that it would not be available to the public. It i s not a hotel or a restaurant, but a condominium. MVCA is --3- • manager of a condominium. Also, there is no direct access between dining area and rest of building. He further stated that the granting of this license would be bad policy. There is no need for it, as the need i s already being served. Mall then said that the convention people coming into the neighborhood constituted the needs of the neighborhood. He cited some court documents stating this. Mayor Dobson then declared the hearing closed, and told the applicant that the decision would be sent to them within thirty days. THE BOARDTHENCONVENEDASTHEBOARDOFTRUSTEES Rezoning of the third filing at ~.iortsHead was tabled. Kurt Wolter and Fred Hibbard asked the Board to consider their taking over the paid parking on Lot K, the lot where the bus station now stands. They have bought the land and will not be able to build on it until next year; therefore, they could use it for parking if the Board would allow. They were told the Board would discuss it and let them know within the next few weeks. Tom Holley was introduced, and he gave a short talk on what he was do- ing with the youth of Vail. He is the new Youth Director. The Board of Directors of the Metropolitan Recreation District were present at this meeting to discuss tennis and golf policies. Those present were: Rod Slifer, Chairman Jerry Muth Ted Kindel. • After some discussion about tennis and golf rates, the Board agreed to meet to determine whether taxpayers should be given a reduction on the rates, and also to study the possibility of lowering tennis rates and raising golf rates. It was pointed out that the Town i s financing the com- pletion of three new tennis courts, and i s also working on an indoor tennis court facility. One of the reasons for giving a reduction on rates to tax- payers is to encourage annexation. There was also some talk about the tennis players in Vail starting their own tennis club, and the idea of build- ing amunicipal swimming pool was again discussed. It was also mentioned that the golf course would be obtaining new equipment. Then it was sug- gested that either the Town or the Rec District look into a toboggan run or a place to sled--maybe between the soccer field and the golf course. Finally, it was mentioned that some of the tennis players would rather have more courts than to lower the rates, and it was decided that it might be a good idea to try lighting on one court to extend the hours or to limit the hours per day a passholder may play tennis. There being no further business, the meeting was adjourned at 11 :20 p. m. f/_~/Nl,+fil~~ Tow~i CJ~rk nn -4- MINUTES SPECIAL MEETING LOCAL LIQUOR LICENSING AUTHORITY NOVEMBER 23, 1971 The members of the Local Liquor Licensing Authority met to decide whether to grant athree-way license to Manor Vail Condominium As- sociation, whose application was heard November 2, 1971. After the Board had received a letter from Mr . Eliolopolus from the State Department of Revenue, stating that Manor Vait Condominium Association, anon-profit corporation, could hold a liquor license, the Board was able to act on this application. All agreed that there was a definite convention need for this license. The vote was unanimous in favor of granting this license. Mr. White had motioned for approval of this license, and Mr. Freeman seconded this motion. This special meeting was held after the regular meeting of the same night. ~'1~~~ D.~1il . "down C1e k ~ ~ nn • • MINUTES REGULAR MEETING LOCAL LIQUOR LICENSING AUTHORITY NOVEMBER 23, 1971 A regular meeting of the Board of Trustees of the Town of Vail, acting as the Local Liquor Licensing Authority was held pursuant to call and notice at the hour of 7:30 p. m., November 23, 1971, in the Municipal Offices of the Town of Vail. The purpose of this meeting was to hear two liquor license applicants, Holly Vail, Inc., which is located in the Lazier Building at LionsHead, and Kancolo, Inc., which is located in the Kiandra Lodge. A court reporter was present at this meeting to take verbatim minutes. His name is Bruce Belfield, and he is from Salida. • nn • ~~ Town e k / f MINUTES SPECIAL MEETING LOCAL LIQUOR LICENSING AUTHORITY DECEMBER 1 ; 1971 The Board of Trustees for the Town of Vail, acting as the Local Liquor Licensing Authority, met to consider the application of Holly Vail, Inc., for a Liquor License, and also to decide on Kancolo, Inc., at the Kiandra for athree-way license. The meeting was held Dec. 1, 1971, at 1;00 p. m. The following members, constituting a quorum, were present: Gerry White Chairman John Dobson Tom Steinberg Clay ~"reeman John Dobson Also present at this meeting were: Terry Minger, Town Manager Larry Robinson, Town Attorney The meeting was called to order by Chairman Dobson. The application for Holly Vail was first discussed. This facility will be in the Lazier Building at I._ionsHead, and it was felt by the Board that such a facility was needed at that location. A~fiter little discussion, Mr. White motioned for approval of the license; Dr. Steinberg seconded; and the vote was unanimous in Favor of granting this license. The application for the Kiandra (Kancolo, Inc.) was then discussed. The needs at that location for convention facilities were noted. Dr .Steinberg motioned for approval of this license, Mr. Bailey seconded; the vote was unanimous for granting athree-way license to Kancolo, Inc. There being no further business, the meeting was adjourned at 'f;50 p, m, • nn ~it.''~ Town C erk J u ~~ w~ MINUTES SPECIAL MEETING BOARDOFTRUSTEES ALL OTHER BOARD O F TH E TOWN O F VA I L DECEMBER7~, 1971 A special meeting of the Board of Trustees for the Town of Vail and the Boards of Directors for the Vail Metropolitan Recreation District, the Vail Water and Sanitation District, and the Vail Fire Protection District, was held pursuant to call and notice at the hour of 7;30 p. m., Tuesday, December 7, 1971, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. The following members of the Board of Trustees were present: Dick Bailey Tod Anderson Mayor John Dobson Dr. Thomas Steinberg Gerry White Clay Freeman John Donovan Also present: Terrell Minger Town Manager The following members of the Vail Metropolitan Recreation District Board of Directors were present: Rod Slifer, Chairman Francis Brofos Jerry Muth Gerry White Ted Kindel The following members of the Vail Water and Sanitation Districtwere present: John Dobson Ted Kindel Mitch Hoyt Larry Burdick, Chairman • The following members of the Vail Fire Protection District Board of Directors were present: Joe Landmaid, Chairman Ted Kindel Larry Burdick Don Almond • The purpose of this combined meeting cF the Boards was to consider and adopt the proposed Budget for 1972, Mayor Dobson called the meeting to order Before the Budget readings, Chuck OgilbyfromApollo Park again asked the Board about his parking variance. Since his original request, he had made a survey and traffic count and had determined that his request for 157 parking spaces instead of the required 180 should be granted. He presented the study to the Board and was told that the Planning Com- mission would be given the details and would give their recommendations to the Board of Trustees. \~ The members of the Vail Water and Sanitation District Board of Directors looked over the final proposed Budget and asked Terry Minger to explain a few points. Mr. Minger said that this represented a nine percent increase over last year because of the Booth Creek Plant, $10,000 allocated to a water rights study, and the conversion of all Town water users to meters. The mill levy fo r 1972 w i l l be 8 instead of 9 as itwas in 1971. Director Kindel motioned for approval of the Budget and certification of the mill levy at 8; DirectorHoyt seconded his motion; and the vote was unanimous for approval. The Vail Fire Protection District Budget was explained by Terry Minger to be $82,900 because of debt service, anew aerial ladder truck, and a rapid attack vehicle. It is up 44 percent over 1971. Director Burdick motioned for approval of this Budget and certification of the mill levy at 6, Director Kindel seconded the motion, and the vote was unanimous in favor. The Budgetforthe Vail Metropolitan Recreation Districtwas read, and after Mr. Minger explained that the golf revenues would go up, and that there would be no increase i n tennis rates, maybe even a reduction for taxpayers, Director Muth motioned for approval of the Budget and certification of the mill levy at 4, Director Brofos seconded the motion, and the vote was unanimous for approval. Mr. Mingerthen explained a few things to the Board of Trustees concern- ing the Budget for the Town of Vail. The police budget has increased 36 percent over last year; the Town of Vaii.'s m i I I levy l~s remained at 4.40 since 1970; one m i I I i s being allocated to the Town of Vai I Library Fund, which does not increase the total mill levy for the Town and the special districts. Trustee Steinberg motioned for approval of the Budgetforthe Town of Vail and the Vail General Improvement District and certification of the mill levyfor the Town at 4.40, the Library Fund at 1.00, and the Improvement District at 1.60; Trustee Bailey seconded, and the vote was unanimous for approval. An ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE TOWN O F VAIL, COLORADO, FOR THE TOWN'S FISCAL YEAR BEGINNING JANUARY 1, 1972, AND ENDING ON THE LAST DAY O F DECEMBER, 1972, was introduced and read by the Board • of Trustees. Mayor Dobson polled them as to whether they understood the ordinance, to which they a I I replied yes. Trustee Steinberg motioned for approval of the ordinance, Trustee Bailey seconded the motion, and the vote was unanimous i n favor of Ordinance No. 15, Series of 1971. A SUPPLEMENTAL ORDINANCE AUTHORIZING THE EXPENDITURES O F FUNDS BY TH E TOWN O F VA I L I N EXCESS O F TH E TOWN BUDGET FOR 1971, AND DECLARING AND DEFINING THE EMERGENCY FOR SUCH APPROPRIATION was read and discussed. Trustee Donovan motioned for approval, Trustee Anderson seconded, and the vote was unanimous for approval of Ordinance No, 16, Series of 1971. A vendors' fee for the Town of Vail retail sales people was discussed by the Board. I t was explained by Larry Robinson, Town Attorney, that the state allows a 3 7/3 percent fee of the state tax collected to be paid to each vendor for collecting the state sales tax. The Town has an option to do the same; however, it would mean between $16,000 and $25,000 less revenue for the Town of Vail. Also, since the state sales tax i s the same as the Town sales tax, there i s little effort involved i n filling out the form and sending i n the tax money to the state who collects the taxes for the Town of Vail. Trustee Donovan motioned that we not char3ge the existing policy -2-- of not allowing a vendors` fee, but again considering the question when Vail goes Home Rule. Trustee White seconded this motion, and the vote was unanimous in approval. A towing contract between Keith Troxel, Conoco, and the Town of Vail was presented and discussed. Trustee Bailey moved For acceptance of the contract, Trustee Anderson seconded, and all were in favor. Terry Minger, Town Manager reported on the shuttle bus operation, being jointly run by Vail Associates and the Town of Vail. The Town's financial responsibility will be $7,000 for the year 1972. It was sug- gested that this service be expanded next year to run up and down Frontage Roads. Mr. Minger also stated that an ani.rr~I. control officer had been hired and that an amendment to the dog ordinance was presently in the planning stages. Of top priority for 1972 i s a plan for a parking structure-transportation terminal to be located on the Town's main parking lot. There being no further business, the meeting adjourned at 9;30 p. m. t nn • Tow e~^k ~~ -3- ~y ,? MINUTES REGULAR MEETING BOARDOFTRUSTEES DECEMBER 21, 197~~ A regular meeting of the Board of Trustees of the Town of Vail was held pursuant to call and notice at the hour of 7:30 p.m.on Tuesday, the 21st of December, in the Municipal Building, Town of Vail. The following trustees, constituting a quorum, were present: John Donovan Dick Bailey D r . Thomas Steinberg Mayor John Dobson Gerry White Also present at this meeting were: Terry Minger, Town Manager Larry Robinson, Town Attorney David Jay Flood, Los Angeles planner David G. Behrhorst, Jay Flood`s office M e rri I I Newton, Apollo Park The meeting was called to order by Mayor John Dobson. David Jay Flood explained his parking variance request for Lot 8, Block 1, Vail/Lions Head 3rd Filing (Site 9), which request was asking to allow "parking space ingress and egress into service road easement (a) 10 spaces on road to LionsHead Gondola Service area, (b) ~ spaces on entrance loop to owner's property." Mayor Dobson suggested that since this was not a formal hearing for this variance, that the Planning Com- mission and the Board of Trustees should have a joint meeting to determine whether this variance would be granted. M e rri I I Newton, representing Apollo Park, asked if the Board of Trustees had made a decision on his parking variance request of several months ago. They were told that the Planning Commission, together with the Board of Trustees, would make this decision within the next week. The minutes from the meeting of September 16, 1971, were read, and Trustee White motioned for approval, Trustee Donovan seconded this motion (with a part stricken from the minutes indicating his desire to lr~ Golden Peak Restaurant operate in the summer but not in the winter), and the vote for approval of the amended minutes was unanimous. The minutes from the meeting of September 22, 1971, were read and approved after a Motion by Trustee Donovan and a second by Trustee Steinberg and unanimous approval from the Board. AN ORDINANCE AMENDING THE SALES TAX ORDINANCE FOR THE TOWN O F VAI L (ORDINANCE NO. 3, SERIES O F 1971); PROVISIONS SPECIFICALLY DENYING ANY VENDORS' FEE FOR THE COLLECTION O F SAID TAX; AND SETTING FORTH DETAILS I N RELATION THERETO. was read and discussed by the Board. After a poll by Mayor Dobson asking the trustees if they had read and understood the ordinance, to which they al I answered yes, Trustee Donovan motioned for approval of this ordinance, Trustee Bailey seconded this motion, and Ordinance No. 17, Series of 1971, was approved by unanimous vote of the Board. r AN ORDINANCE AMENDING ORDINANCE NO. 17, SERIES OF 1966, RELATING TO USE AND OCCUPANCY O F CAMPERS AND TRAILERS WITHIN THE TOWN OF VAIL; DESIGNATING TEMPORARY FACILITIES WITHIN THE TOWN OF VAIL FOR THE TEMPORARY PARKING OF SAME; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO. was read and discussed by the Board. Mayor Dobson asked if the Board understood this ordinance, which wi I I allow campers and trailers to park i n the L.ionsHead parking lot for a period up to ten days. The trustees al I answered that they did understand the ordinance, and Trustee Donovan motioned for approval, Trustee Bailey seconded, and the vote was unanimous for approval of Ordinance No. 18, Series of 1971. AN ORDINANCE PROHIBITING CERTAIN CONDUCT I N PUBLIC PLACES; REQUIRING THE REPORTING OF ASSAULTS AND ALTERCATIONS WITHIN THE TOWN O F VAIL, IMPOSING PENALTIES FOR THE VIOLA- TION OF THIS ORDINANCE AND SETTING FORTH MATTERS AND DETAI LS I N RELATION THERETO, was also read and discussed by the Board. Mayor Dobson polled the Board as to whether they understood this ordinance, and they all answered yes. Trustee Donovan motioned for approval, Trustee Bailey seconded the motion, and Ordinance No. 19, Series of 1971, was approved by unanimous vote of the Board. An Agreement between the Town of Vail and John Carmody, ice skating instructor and manager, was presented to the Board for their approval. After some discussion, the agreement was approved along with the rates for general admission and private lessons and season passes. There being no further business, the meeting was adjourned at 9:15 p. m. L Town 1 rk nn C7 t