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HomeMy WebLinkAbout1970-02-09 Town Council Minutesb. .. OFFICE COPY -- DO NOT REMOVE MINUTES Or THE MEETING VAIL BOARD OF TRUSTEES FEBRUARY 9, 1970 Mayor Dobson called the meeting to order in the Manor Vail Conference Room at 7:30 p.m. ROLL CALL found the following members present: Mayor John Dobson Trustee Johnny Kaemmer Trustee Richard Bailey Trustee C.E. Kindel Trustee Thomas Steinberg Trustee Joseph Langmaid Trustee John Donovan Others present: Blake Lynch, Terry Minger, Stan Bernstein I. PROPOSED ORDINANCE NO. 1 of 1970 AVpropriating Sums of Money to Defray Expenses and Liabilities of the Town of Vail, Colorado, for the Town's Fiscal Year Beginning January 1, 1970, and Ending on the Last Day of December 1970. Blake Lynch polled the Trustees; they unanimously affirmed that they had read and understood the proposed ordinance. VOTE: Approve Proposed Ordinance Mo. 1 of 1970. Mayor John Dobson: YES Trustee Johnny Kaemmer: YES Trustee Richard Bailey: YES Trustee C.E. Kindel: YES Trustee Thomas Steinberg: YES Trustee Joseph Langmaid: YES Trustee John Donovan: YES Ordinance No. 1 of 1970 is hereby approved. II. FINANCIAL REPORTS FOR DECEMBER AND JANUARY These reports were reviewed by the Board; and, per motion by Trustee Steinberg and second by Trustee Bailey, the Board unanimously approved them.( CONSIDERATION ANDRSETTINGOFO E EAld?dGAT RE01V.70 Mr. Lynch advised the Board that a Petition for Annexation of certain land involving the Sandstone 70 Condominium complex had been filed with him as Town Clerk on February 9, 1970, and that the petition substantially met the requirements of the Municipal 4DAnnexation Act of 1965. The members of the Board discussed the various matters relating to annexing the property in question and agreed that it would be in the best interests of the town to annex the property in accordance with the statutory provisions of the State of Colorado. Whereupon, a motion was duly made by Trustee Kindel, and seconded by Trustee Donovan, which motion was carried unanimously by the members of the Board, to adopt the following resolution: RESOLVED: That a petition for annexation of certain territory to the Town of Vail, Colorado duly filed with the Town Clerk on the 9th day of February, 1970, which property is more particularly described in said petition which is referred to herein and incoporated by reference substantially with the requirements of C.R.S. (1963) 139-10-6, as amended; said petition has been signed by more than fifty per cent of the owners of said property and meets the requirements of the Municipal Annexation Act of 1965; that it is desirable to annex said territory to the Town of Vail; that a public hearing shall be held at the hour of 7:30 p.m. on Monday, March 23, 1970, before the Board of Trustees at the Manor Vail Conference Room, Town of Vail to determine all matters relating to said annexation; and that notice of said hearing shall be published in accordance with the statutory provisions pertaining thereto. IV. DISCUSSION OF TV FRANCHISE AND REQUEST BY CABLE COMPANY TO PROVIDE CHANNEL 2 SERVICE RATHER THAN CHANNEL 6. After review of the situation by Mayor Dobson, and some discussion, the Trustees agreed that we should request Cable TV to provide Channel 6 (NET) as soon as practicable. Blake Lynch will prepare correspondence to this effect. MUNIDjjXtSSI0?L ONGSELECTING ARCHITECT FOR THE BUILBecause of the reservations about the proposed municipal site, Blake proposes hiring an architect to work with us on evaluating this as well as other sites, formulating cost estimates based on desired needs. Blake and Trustee Bailey have already spoken to two of the currently three architects under consideration — Bruce Sutherland of Fritz Benedict in Aspen, and John Anderson of Anderson -Barker. -Rinker in Denver. He and Dick have an appointment with Harold Carver on Thursday. Trustee Bailey remarked that $500 to $1,000 should be the maximum allocation for a land use evaluation by an architect. Trustee Donovan made motion to empower Trustee Bailey and Blake to engage the firm best suited to prepare schematic drawings; Trustee Kindel seconded. VOTE: Approve Trustee Donovan's motion above. . Mayor John Dobson: YES Trustee Johnny Kaemmer: YES Trustee Richard Bailey: YES Trustee C.E. Kindel: YES Trustee Thomas Steinberg: YES Trustee John Donovan: YES Trustee Joseph Langmaid: YES Trustee Bailey and Blake will actively seek and engage an architect for land use evaluation of municipal complex. VI. DISCUSSION OF TOWN APPLICATION FOR FEDERAL AMBULANCE_ AID. The Federal Transportation Act makes money available for purchasing 52% of ambulances and equipment . Dr. Steinberg noted that Vail is the primary ambulance hauler from here to Edwards and for off -the -highway accidents. He noted that Dillon has recently purchased an ambulance with this 52% aid. In order to receive, this aid from the Federal Government the Clinic must have a proposal from some governmental agency, i.e., the County or the Town. The Vail Clinic proposes that the Town formally make such a proposal; the Clinic will turn over the remaining 48% of the total and will thus be legally bound. He added that the net cost to the Town would be 2 hours of our attorney's time for insurance purposes, etc. The Clinic would like to begin as soon as possible, as it takes 6 months to process such a proposal. The Clinic would pay for the Insurance. Trustee Donovan moved to go ahead with Trustee Steinberg's proposal; Trustee Kindel seconded. VOTE: Proceed with Dr. Steinberg's proposal. Mayor John Dobson: YES Trustee Johnny Kaemmer: YES Trustee Richard Bailey: YES Trustee C.E. Kindel: YES Trustee Thomas Steinberg: YES Trustee Joseph Langmaid: YES Trustee John Donovan: YES Town will send proposal to Department of Transportation that 52% ambulance aid be granted the Vail Clinic upon receipt of appropriate backup from Clinic. VII. REPORTS A. Refuse Blake reported that, due to the fact that Mr. Duran wasntt holding to a standard sale price to all people concerned and because the Town was getting involved with granting a franchise, we had two choices: (1) give a franchise to someone and exclude Leo; or (2) encourage Leo's sale to whomever would take and obtain a PUC license. This would be opened on a competitive basis. Blake added that Leo decided to sell to Bob Mayne last evening. Bob plans to begin service on March 1. Rates will be determined by the hauler. If someone else comes in and obtains a PUC license, rates will be determined by a competitive market condition over which we will not have control. We have some control over rates because we will still have power to issue a franchise or start a municipal collection system. B. Building,Code Amendments. . Blake reported that he has formed a committee which • met today for the first time and,which will be making recommendations in the future regarding possible Building Code amendments. It is desirable to limit as much as passible what goes to the Board of Building Appeals. Members of the committee are: John Anderson (Anderson -Barker -Rinker of Denver), George Olson (Carver Architects -Vail), Richard Bailey (Slifer and Co. -Vail), Bruce Sutherland (Fritz Benedict -Aspen), Mitchell Hoyt (Vail Associates), and Charles Bynum, Vail Building Official. These gentlemen have been asked to analyze the Code and determine what features do not fit the situation here in Vail. Reports from them will be forthcoming in the future; their recommendations may be enacted through ordinances. C. Veterinary Proposal After brief discussion, the Trustees unanimously agreed that Blake should advise Dr. Draper that we do not wish to utilize his services at the present time. CITIZEN PARTICIPATION A. Mrs. Ginny Crowley queried the Board re the status of the Wall Street dedication. She noted that this street has not been maintained properly. Clay Simon of Vail Associates (owner of the street) noted that the street will be blocked off to vehicular traffic starting Frebruary 10. The Police and the Fire Departments will have keys to the establishments on that street. When Mayor Dobson inquired re the dedication, Clay noted that VAI hasn't been in touch with all the property owners involved in this dedication. B. Vail Trail Editor George Knox noted that the icy conditions in front of the Plaza Building are very hazardous to pedestrians. Blake will send a warning letter tomorrow. The Police Department will endeavor to check this condition throughout the core area. C. Mrs. Knox remarked that the parking lots are not being policed for campers and trailers parked unlawfully. Blake noted that the Town has no jurisdiction over any lot but the main area, which the Town has leased from Vail Associates --which has jurisdiction over all other lots. Mrs. Knox also inquired about the Hoper Electric Utilities Study; this has not been completed because Mr. Thurston of Holy C.ioss Electric has been unable to supply Mr. Hoper the information applicable to his study due to workload. We have sent repeated reminders to him regarding this and will continue to do so until the information has been transmitted to Hoper. With no further business to be discussed, the Board of Trustees adjourned at 9:00 p.m. • CONVENE AS LOCAL LIQUOR LICENSING AUTHORITY TO CONSIDER: Possible Violation of State Liquor Code by Casino/Vail (Casino Partners, Ltd. dba Ranald and Pamela MacDonald) on January 18, 1970. Mayor Dobson called the public hearing to order at 9:10 p.m. in the Manor Vail Conference Room. He noted that the Licensing Authority has 15 days in which to render a decision on the facts disclosed during this hearing. Attorney for the respondents --Stewart Brown -- made what he considered a technically and administratively substantial objection, under regulation 22 of the Liquor Code. He noted that the reporting officers had failed to in any way indicate on their report who had prepared it. Town Attorney Robinson noted that at no time since they were notified did the respondents or their attorney file complaint over the form of notice. • Attorney Robinson stated that it was important to note that the respondents had been informed that they could have a court reporter present if they felt it necessary. He then reviewed the officers' report, attached as Exhibit A, drawing attention to Chapter 75, Article 2, Section 3, Subsection 4A, relating to the hours during which a licensed establishment cannot sell, serve or distribute spirituous liquors. First witness was Officer Jerry Craghead, Patrolman with the Vail Police Department since September 1, 1969. He reviewed and reiterated the information contained in Exhibit A, indicating that no effort had been made to question anyone involved in the incident. Attorney Brown asked Craghead if he was the author of Exhibit A; he replied yes. Per Mr. Brown's questioning Officer Craghead affirmed that the illumination was normal,that Mr. Johnson set his glass down on the bar as the officers came up the stairs, that there were several people located between himself and Mr. Kernis, and that he could see into the passageway and distirgsish faces. He did not actually see the stool on which the evidence • (Mr. Johnson's drink) was placed overturned. Mr. Brown noted that gin is commonly considered almost odorless; Officer Craghead stated that he does drink occasionally --bourbon, not gin. Officer Craghead felt absolutely certain that the glass picked up and later spilled was in the hands of Mr. Johnson when he came in. Next witness called was Edward J. Koler, Patrolman with the Vail Police Department since August 1, 1969. He reiterated the testimony in the report. The bottle of Cutty Sark taken from the Casino as evidence was introduced as Exhibit A. Attorney Brown remarked that he failed to see the significance of this exhibit in connection with the allegation. Town Attorney Robinson replied that it was relevant in terms of its being germaine to what transpired. He added that the testimony bears out that this bottle was in the vicinity of the people drinking and is therefore valid evidence. Attorney Brown formally objected to its being admitted as evidence. Some discussion ensued regarding location of the bottle on the bar, and illumination in the bar at the time. Officer Craghead noted that he had used a flashlight to check the ID's of those present. Both officers agreed that Mr. Kernis--who was the only person moving about --was responsible for knocking the stool over. Trustee Langmaid asked Attorney Robinson what law applied; he replied that it is unlawful to sell, serve or distribute between 2:00 a.m. and 7:00 a.m. Glasses with liquor in them do not offend the provisions of the Statute. He added that the bottle wouldn't be relevant were it not for the testimony of the officers. Mayor Dobson concluded that the bottle would be admitted as evidence; and Attorney Brown's formal objection is hereby recorded. Attorney Robinson stated that the Town rested with the testimony given. Attorney Brown summarized that no one was drinking on the evening in question; they were at the Casino for a special purpose. He said the alleged facts were logical mistakes of jumping to conclusions. His first witness was the respondent --and licensee-- Mr. Ranald MacDonald, dba Casino Partners, Ltd. of Denver. He noted that Messrs. Hogan, Rifkin and Kernis are entirely responsible for management of the establishment, and are three of the 25 partners of this limited partnership. They are compensated on a percentage basis of the net profit. The MacDonalds receive nothing as license . holders --they receive profit as one of the total number of partners involved. Mr. Brown's next witness was Mr. Gerald Kernis, former manager of the Mad Russian in Denver, now an active partner in the successful Friday's and Saturday's in Denver, and one of the above -mentioned management people. He summarized the operating hours of the Casino and the basic method of operation. He noted that all employees are apprised of the liquor law through a conspicuous sign next to their work schedule stating that there will be no drinking after hours. When Mr. Johnson, Mr. Kernis' assistant, closes up each evening, he assures that there are no persons other than employees present. Glasses removed from tables are placed on the bar in a mass in the southeast corner. The bottle of Cutty Sark had been placed on the bar to remind the next day's bartender to fill that particular liquor gun. When the officers entered the bar, Mr. Johnson was transferring glasses from tables to the bar. The officers asked all present to stand in a corner. when Officer Craghead asked Mr. Kernis to step forward, Mr. Kernis accidentally knocked over the stool. Mr. Kernis added that the only lights on in the building were the stage lights. Also, the tall, narrow barstool on which the drink sat was typically unstable. Contrary to the allegation in the report that Mr. Kernis trampled the glass on the floor, Mr. Kernis said he wasn't aware that he had done this. He remarked that nobody ever drinks in the Casino after 2:00 a.m. and that Messrs. Kernis, Johnson, and Heite were definitely not doing so. He admitted that he had become belligerent and sarcastic when speaking with the officers. He added that he has had only one violation in four years --this one. He has signed contracts with musical groups representing $1,200 per week. In answer to questioning by Attorney Robinson, Mr. Kernis replied that he was sober when the police officers arrived. He had been out for about one hour and had five or six drinks during that time. Mr. Robinson asked him what he said to the officers; he replied, "If it were anyone else in town, it wouldn't be happening to them ... This is a • small town --there is no reason for harassment —The manner in which you are treating us isn't conducive to good . relationships." Mr. Kernis doesn't recall saying "You have to overlook things in small towns." Attorney Brown asked Mr. Kernis what he meant if he did say such a thing. Mr. Kernis replied that their method of questioning was not in a vein of cooperation and understanding. Attorney Brown's next witness was Roland Earl Johnson of Denver, the Assistant Manager at Casino Vail. He had been clearing tables when the officers entered. He had not been drinking after 2:00 a.m. and did not see anyone else partaking. Attorney Robinson asked him if he had stopped by the Police Station around 4:20 that morning. He replied affirmatively, stating that he wanted to find out what would be done regarding a possible violation. In the officers' report Mr. Johnson had noted that this was not a usual occurrence --the Casino employees were usually out of the place by 2:00 a.m. On this particular night, they just happened to be • waiting for the band to depart for California. Attorney Brown's last witness was Hans Heite, Red Lion Maitre 'd for 231 years. Mr. Heite was sitting at the bar and stated that he didn't see anyone else drink, nor did he do so. He added that there was no light in the area containing the stool and evidence. He remarked that Mr. Kernis was not intoxicated and that he had hit the barstool accidentally with his leg. In summary, Attorney Robinson noted that after being attracted by unusual noise after closing time, police officers entered and saw Mr. Johnson drinking. Glasses with liquor as well as the bottle of Cutty Sark were in the vicinity. Their report states that Mr. Kernis knocked the glass off the barstool. Attorney Robinson reviewed the State Liquor Code regarding attempts to destroy evidence. He said that the fact that some of the evidence is not available should not hinder the the case of the Town. There were alcoholic beverages present under some unusual circumstances. Police officers' evidence indicates an unmistakable violation. As the Local Licensing Authority, the Trustees have the power to revoke or suspend this license. Attorney Brown summarized that evidence showed only that Mr. Johnson had the glass to his lips; and that the lighting was very poor in the bar. Officers' observations were made from a distance of 40 feet; and Mr. Johnson has admitted that he had a glass in his hand. There is no evidence that Mr. Kernis knocked the stool over individually. He added that mere suspicion and conjecture is not a proper way to invoke a suspension against an operator. The evidence is nowhere nearly preponderent on the side of guilt. The Local Licensing Authority will take the matter under consideration. The parties involved will be advised of decision within 15 days. With no further business to be discussed, the meeting adjourned at 12:25 p.m.