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HomeMy WebLinkAbout1971-09-22 Town Council MinutesMINUTES 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 10:00 o'clock a.m., September 22, 1971, at the RamsHorn Lodge, Vail, Colorado. Mayor John A. Dobson and the following trustees were present: Trustee Clayton Freeman Trustee Tod Anderson Trustee Dr. Thomas Steinberg Trustee John Donovan Trustee 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 exhibits 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 in the neighborhood defined as the Town of Vail and the immediate 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- proximately 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 for such a facility; however, it was acknowledged by the Board that there are an ample number Of similar outlets available in the neighborhood. The Board then discussed the issue of distinctions between the Rumford=Nottingham 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 well 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 satis- 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 Mr. Anderson Against approval: Dr. Steinberg Mr. Freeman Mr. Dobson Abstained from voting: Mr. Donovan Chairman Dobson declared that the motion failed to carry and that the application should be denied. The Chairman advised the Town Clerk and Town Attorney to prepare a written decision in accordance with the findings of the Board and the conclusion that the applica- tion should be denied and to forward same to 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 if 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 for a 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 in jeopardy. Mayor Dobson asked if the Board was ready to 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 to 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 to the restaurant facility, they may not have the re- quired F.A.R. and would not be able to operate. Ed Struble, Vail's building inspector, would have to 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 to 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 to the outside and he was answered that they would have to 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 to 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 to 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 IN THE NORTH HALF OF SECTION EIGHT (8) , TOWNSHIP FIVE (5) , SOUTH, RANGE EIGHTY (8 0) WEST OF THE SIXTH PRINCIPAL MERID- IAN, COUNTY OF EAGLE, STATE OF COLORADO; AND SETTING FORTH DE- TAILS IN 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 l be greenbelt. This met with approval from the Board. -3- Larry Robinson presented several documents in which Vail Associates has dedicated or leased several parcels of land for the purpose of recreation, including all the stream tract from the sewer plant bridge going east, with the exception of the parcel from Willow Bridge Road to the Creekside Building for a period of 99 years. Minger 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 12:40 p.m. nn • • 0