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HomeMy WebLinkAbout1973-06-05 Town Council MinutesMINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL JUNE 5, 1973 A regular meeting of the Town Council of the Town of Vail was convened at 7:45 p.m., June 5, 1973, in the Council Room of the Vail Municipal Building. Mayor John Dobson and the following Councilmen were present: Richard Bailey John Donovan Joseph Langmaid Josef Staufer Gerry White Also present were: Larry Robinson, Town Attorney Stan Bernstein, Finance Director Kent Rose, Town Engineer The meeting was first convened with the Council acting as the Local Liquor Licensing Authority. Clifford Bruce Hartman had submitted an application for a beer, wine and liquor license for the Clock Tower Inn, Stuart Brown was present represent- ing the applicant. Mr. Robinson noted that as the premise has been previously licensed, the qualifications of the applicant are the only questions.. Mr. Brown noted that an error had been made on the application; he moved that Item 15 be amended as Mr. John Kaemmer has no interest in other liquor licenses. Mr. Robinson noted that this stenographic error would be corrected. Mr. Hartman noted that the Clock Tower has been operating through a. management agreement with Mr. Kaemmer. Mr. Brown indicated that the lease comes into effect when and if the authority grants a license. Councilman Donovan inquired if the applicant was aware that a portion of the patio is on a Town easement; Mr. Hartman answered that he was. Mr. Watt noted that they, have not received any negative reports from the FBI on the applicant. Councilman Donovan moved that the application for Mr. Hartman be approved, Councilman White seconded; approval was unanimous. An application had been received from Otto Stork, Inc. for a 3.2% beer license 40 for the Delicatessen. Jay Peterson vas present representing the applicant, Mr. Robinson noted that the premises had been previously licensed, Mr. Peterson noted that the applicant has not sold any beer on the premises since they closed the transaction. That none of the applicants has a criminal record was noted by Mr. Wall. Councilman. Bailey moved that the application for Otto Stork, Inc. be approved; Councilman Donovan seconded; approval was unanimous. Manor Vai I Condominium Association had submitted an application for an expansion of the premises into 1240'Square feet of the existing Conference Area. Mr. Robinson noted that, from the Town records, this area had previously been licensed; hence, the request must be &!notation of the: Fact that they are changing portions of the area, Councilman, Staufer moved that the application be approved; Councilman White seconded; approval was unanimous. A proposed reprimand for the Vail Metropolitan Recreation District had been prepared. The Recreation District last winter had made available the bar and restaurant facility at the Golf Clubhouse to Russian Excursion, which was subse- quently closed for sanitary violations and the lease terminated, Due to this termination, a suspension of the license would not be in order, The Recreation District was also not directly cutpable; only negligent in their supervision of their managers. Mr. Lapin inquired, who manages the Recreation District. Mr. Robinson noted that their administrative matters are handled by the staff of the Town government. Mr. Eller, of the State Department of Revenue, agreed with the case as put by Mr. Robinson. Councilman Bailey moved that the reprimand for the Recreation District be approved; Councilman Staufer seconded; Councilman White abstained; Councilmen Bailey, Donovan, Staufer, Langmaid and Dobson voted in favor; the motion carried. In regard to an application for a special events permit for the 7th and 8th of June, the request from the Town had been denied by the State and the VRA had intended to apply in their place. However, Mr. Robinson reported that the VRA now did not wish to apply. The Town -application had been denied on the basis of a 20-year old attorney general's opinion which had been construed to make a city ineligible to hold a liquor, license. Mr. Elias explained that they had decided not to apply because they would have to purchase the liquor them- selves and also because there might be some violations involved. 'Mr. Eller explained some of the problems involved. The premise must be controlled by the licensee; a requirementthat a public street might not meet. Also, the applicant must serve food, and the liquor must be consumed on the premise. Mr. Robinson disagreed to the extent that he thought the intent of the provision for special events permits was the licensing of public places. Mr. Eller mentioned that 3.2 beer would be a different matter. Some discussion ensued of the intent of the town to give a party, rather than just give each person the money to buy drinks. Suggestions were made to use the playground or block off the street in order to more define the area and to serve food. Mr. Etter noted that if the VRA had possession of the premises and would buy the liquor and oversee the operation, it might be possible to obtain the permit. Mr.. . Elias proposed that, assuming the agreement of the executive board of the VRA, the VRA would proceed with the application with a changed location. After some further discussion, it was suggested that the possibility of a dif- ferent location be considered and a meeting be held at 11 :00 a. m. on Wednesday to formally. prepare the -application for submission to the State Department of Revenue. As there was no further business, Councilman Donovan moved the Local. Liquor Licensing Author.tty adjourn at 9:10 p. m.; Councilman Batley seconded; approval was unanimous. The Town Council convened in joint session with the Planning Commission at 9:10 P. M. The following Planning Commission members were present: Mery Lapin Gordon Pierce Dave Sage • Jim Slevin Hans Weibel Mayor Dobson noted that Robert Clark, Chairman of the Planning Commission, has resigned. The item to be considered by the joint session was a request for the re -platting of Lots 3 and 4, Block 3., Vail Village 3rd Filing to the Town of Vail. Mr. Robinson noted that the staff had received a late request that this matter be postponed. Councilman Donovan moved, that the matter of a request for re -platting be continued to a future meeting; Councilman Bailey seconded. Mr. Lapin inquired why it was necessary for the Planning Commission to be present at the meeting; Mr. Robinson replied that matters dealing with sub- dividing must come before the Planning Commission; however, the particular request also required Council action. Mayor Dobson asked that the Planning Commission make a recommendation to the CounciI on the matter. The vote on the previous motion was unanimous. As there was no further business, Councilman Donovan moved that the joint session be adjourned and the Town Council convened at 9:20 p.m.; Councilman Bailey seconded; approval was unanimous. -2- Requests for parking variances had been received from the representatives of Sunbird Lodge, Landmark at Lionshead, Vail International and the Red Lion. Mr. Rose noted that most of these variances are the result of requests from the Town Council and he would recommend that they be granted. After some further discussion, Councilman Battey moved that the variances for Sunbird Lodge, Landmark at Lionshead and Vail International be approved; Councilman White seconded; approval was unanimous. In regard to the request of the Red Lion, Mayor Dobson noted that Mr. Burdick is willing to sign an agreement to lease or purchase spaces in a parking structure. After some further discussion, Councilman Donovan moved that the variance for the Red Lion be approved subject to the signing of an agreement to purchase parking spaces when and if available; Councilman Bailey seconded; approval was unanimous. Councilman White moved that a resolution setting a public hearing.for the annexa_ , tion of the territory commonly known as Vail Village, 11th Filing to the Town of . Vail be approved; Councilman Donovan seconded; approval was unanimous. Mr. Robinson stated that Mr. Amato was present to discuss the question of rights of access to"the A & D Enterprises building• Mr. Amato noted that when Vail Associates sold lots in the core area, they retained ownership of the streets. They then gave easements, not Limited in time, in the streets to the lot owners. It is his contention that the Town did .not acquire all of the cut standing interests in the streets when Vail Associates deeded them to the Town. In view of this, he was considering seeking an injunction against the closure of the streets in the core area. As an alternative, they would like the Town to . admit that they do not have total control of the streets and then agree to allow persons desirous of going to the A & D building free access at any time. Mr. Robinson stated that while he would acknowtedge that A & D Enterprises and other early property owners appear to have a right granted to them by Vail Associates prior to the dedication of the streets, any determination beyond that he found to be a policy matter. Mr. Robinson noted that a new law allow- ing governmental bodies to create pedestrian malls might override these private easements. He suggested that the Counci l decide if they want to come under this law. Mr. Amato contended that the Town must either acquire the consent of those who hold interests or acquire those interests. -Mr. Amato did agree that the traffic gate creates a desirable situation, although he maintains it violates his rights and hurts him economically. Councilman White inquired if Mr. Amato would dedicate those rights to the Town, if the Town admitted he had them. Mr. Amato suggested that that depended on other situations. The distinction between a private street and interests in a public street was explained. Mr. Amato stated that it was not his understanding at the time of purchase of the property that the concept of Vail had always been a pedestrian one. Mr. Slevin disagreed that the street closure necessarily created any permanent economic hardship on businesses in the area. Councilman Donovan moved that the question of rights in the street be tabled until the meeting of June 19, at which time a decision of the Council will be announced; the motion carried, unanimously. A meeting will be held in the interim to discuss the situation. Mr. Dobson explained that a suggestion has been made that the old 'sewer A -frame be converted into an arts and crafts center and possibly a winter day-care center. The land is owned by Vat Associates. Mr. Rose reported that $15,000 would completely remodel the plant, landscape the area and winterize the building. The labor for the project would be given by Vat Associates. The only question he had was the period of time the building would be available. Mr. Nott noted that pending site -planning, he could only commit to use for a couple of summers. Mayor Dobson noted, in regard to efforts in the same vein, that the Vat Institute is incorporating and that their first project is summer theater, the space for which has been donated by Vail Associates in the Lionshead terminal, After some further discussion, Mr. Nott suggested that perhaps an answer could be given in 10 days on the period of time the building could be used. Mr. Rose suggested that pending this answer, the building could be re -modeled for the Summervail workshop. Mr. Milhoan, of that workshop, inquired how Long it would take to rennovate the building, as his group has less than a month before they are scheduled to begin. There was general agreement that it ccu 1d be dorie -3- • �. 7, in time. Mr. Milhoan also thought the plans should be looked over by people experienced in art. He was a bit skeptical of its suitability for the workshop. Mayor Dobson agreed that it might not be ideal for 200 to 300 people. Mr. Rose noted that the cost for summer remodeling would be $6,000. After some discussion, Mr. Rose was authorized to remove the ice from the building pending a commitment of use from Colorado Mountain College and the results of the site -planning from Vail Associates. Councilman White moved that the Council authorize $5,000 for a joint effort of the Town and the VRA for Fourth of July fireworks. Councilman Donovan seconded; approval was unanimous. The minutes of the meetings of March 16, March 29, and April 17 had been previously submitted to the Council. Councilman White moved they be accepted; Councilman Donovan seconded; approval was unanimous. The next item on the agenda, the question of the applicability of the Recreation Fee to the Rich condominium project, would require some additional data from the files. Hence, it will be discussed at a later time. The question of summer bus service was raised from the floor. Mayor Dobson noted that the Ginkelvan will be put in service as soon as repairs are completed. He also noted that the VA buses are available for lease. A member of the audience noted that private individuals cannot rent buses from Vail Associates. Mr. Klug suggested that he could contact other people in the Licnshead area to • get their suggestions, which he could pass on to Mr. Rose, Mr. Elias sug- gested that, on a regular basis, two buses were too many. Mayor Dobson concluded the discussion with the statement that the town would look into the possibility of leasing Vail Associates' buses. Mr. Elias reported that Mr. Eller had contacted the state liquor licensing officials and they were of the opinion that the VRA request for a special events permit would be denied. Mayor Dobson suggested that they still meet at 11:00 a. m. on Wednesday to consider the matter. Councilman Donovan brought up the matter of a request for two security trailers at construction sites at Booth Creek. Mr. Wall noted that it is a violation of town ordinances if anyone lives in the trailer. After some further discussion, Councilman White suggested that the security problem could be solved in other, legal ways. There was general agreement with this approach. A final item of business was a suggestion that the Council pass a resolution supporting the creation of the Eagles Nest Wilderness area. Councilman White • moved that such a resolution be passed; Councilman Bailey seconded; approval was unanimous. a As there was no further business, the meeting adjourned at 10.45 p. m. -4- Town Clerk