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HomeMy WebLinkAbout1971-02-08 Town Council MinutesMINUTES OF THE REGULAR MEETING BOARD OF TRUSTEES FEBRUARY 8, 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, February 8, 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 Tod Anderson Trustee Dr. Thomas Steinberg Trustee Clayton Freeman Trustee Gerry White Also present were Terrell Minger, Town Manager; Larry Robinson, Town Attorney; and Stanley Bernstein, Finance Director. isThe 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 11 be chosen from the Town of Vail. Mr. Taylor Gamblin, representing Holy Cross, stated that Holy Cross is 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 in 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 it 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 to 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 if it was properly filled out in compliance with the Colorado statutes. Larry Robinson, Town Attorney, answered yes. Mayor Dobson then asked the Board of Trustees if 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 to the record. There had been no letters or 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 to comply with the requirements of C.R.S. 1963, 75-2-42, to 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 who cared to speak against the application. Mr. Stewart Brown, attorney representing the applicants, was then introduced and was asked to intvoduce 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 is Vice President, holding 30% of the shares of this corporation, wriich 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, LionsHead, 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 in 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 50% 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 in 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 the 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 Toph'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. Mr. 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 which would enable the Town to 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 will 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 Kindel asked if the Trustees had considered any alternatives to raising this money. Mayor Dobson answered the only other alternative would be to 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. Kindel 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 Elias 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 to 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. 1$ would like the funds to be put aside for specific projects, and not used to cover over -spending the budget. He 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 felt this way, and the decisions on how to spend the additional money should be made by the Board of Trustees. If the citizens don't like the way the Trustees spend the money, they should replace the Board on the next election. He 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 is going to 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 - Bill -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 to 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 to the Cov- ered Bridge was full of construction vehicles and that the landscap- ing is planned for next summer. Mayor Dobson said that if citizens had complaints, they should come forward. Gersbach wondered if a one-half percent sales tax could be imposed, and it was answered that it would be too confusing. He then agreed with Kindel that it is better to work on the vehicle rather than the specifics. Daphne Slevin wondered who could vote, and Robinson answered that Vailites 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 will be accounted for. He explained that we w i 11 eventually have a 3%city sales tax, and a vote for this tax now will mean the Town of Vail will receive this additional money rather than the state or the county, who could impose this tax. If we were Herne Rule, they could not do this, but it might take two years to become Herne 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 approved, 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 of 1967 and Ordinance No. 10, Series of 1970, and unanimously approved at this meeting. The fines for violations of said ordinance were reduced to $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 Vail'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 to 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 to proceed and Mayor Dobson will advise Mr. Cosgriff to go ahead. Liquor License Study. Minger stated that he has retained Stanley Switlick, a Cornell graduate in math, on an hourly basis, I= 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 will work on an hourly basis to 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 thefts 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 we can get some free help from the Townspeople, and Rosenquist has agreed to donate his basement to this purpose for the remainder of this season. This project would be on a trial basis, and may not work unless we really make this age group feel that this project is theirs. Knox mentioned that Ted Poliac at the Rucksack was clearing out the basement of his store and using it as a soda fountain --juke box meeting place for teens. Don Simonton and Paul Ketterer have been involved in this kind of thing and will 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 it 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 to fire lanes and fhe regulations pertaining to them, especially regarding cars parked x.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. nn 49 -5-