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HomeMy WebLinkAbout1971-11-02 Town Council MinutesMINUTES SPECIAL MEETING BOARD OFTRUSTEES/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 p. 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 II be written to the developers with the above recommendations. The question of allowing a wholesale bakery in 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 Strubie, 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 it will be considered in writing the new zoning ordinance. Also, it was agreed that the Architectural Control Committee would be able to exercise more control if it were 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. • A Rod Slifer and other members of the Planning Commission had beenworking 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 LionsHead 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 a home -rental policy led to a discussion concerning various problems throughout the village, and a policy w i 11 be worked on by the Boards. A short explanation of the Manor Vail Condominium Association application for a three-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. PA nn • MINUTES REGULAR MEETING BOARD OF TRUSTERS/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.m., 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 (Pepi Langegger). 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 of 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 if there were more than 300 people. He was asked what the impact would be ifthe 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 if Elias felt that the needs of the neighborhood and the desires of the inhabitants were such that he should have a liquor license, and Elias answered yes. Elias also stated that he would be open for conventions only and would not be a restaurant serving the public. He 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, to which Elias answered that Building A no longer had a liquor license, but that the Lord Gore Restaurant did. Dunn gave Elias several papers to 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 ppeople 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 if there were an access between the banquet dining area and the hotel, and Elias said no. 1 Mall then asked Elias to explain the purpose of Exhibit 4, which Elias said was a letter of intent, merely setting the groundwork for the negotiations, but not a formal agreement with the LGR. Dr. Steinberg asked if the needs were met this summer, and Elias 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 different 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- 0 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 feltthere 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 20 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 rra.de 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 MC= 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 is 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 1_.torisHead was tabled. Kurt Wolter and Fred Hibberd 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 Ktndel 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 is 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 a municipal 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. in. 0 nn TowN17 rk -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 a three-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 Vail Condominium Association, a non-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. nn • • _ �Lw . " s 1 1 i..r