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
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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,
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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.
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