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HomeMy WebLinkAbout1973-12-18 Town Council MinutesMINUTES REGULAR MEETING TOWN COUNCIL FOR THE TOWN OF VAIL DECEMBER 18, 1973 • The regular meeting of the Town Council for the Town of Vail was convened at 7:30 P.M., December 18, 1973, in the Council Room of the Vail Municipal Building. Mayor Pro Tem Gerry White and the following councilmembers were present: Josef Staufer Kathy Klug Tom Steinberg Joseph Langmaid Also present were: Terrell J. Minger, Town Manager Gene A. Smith, Town Attorney The Town Council first convened as the Local Liquor Licensing Authority to consider the re -submitted application of Daniel. Ellis O'Brien for a 3.2% beer license. Witnesses were then sworn in by the Town Manager. Mr. Douglas McLaughlin, attorney for Mr. O'Brien, called the applicant to the stand. Mr. McLaughlin then presented petitions to the Council to verify the needs of the neighborhood requirement for the approval of the license. Mr. O'Brien testified that he owns a Dairy Depot in Breckenridge with a liquor license and has much experience in the grocery business. He commented that the good location of the store and the high rate of growth of the Town of Vail are important factors contributing to the need for another 3.2% beer license. Councilman Donovan asked Mr. O'Brien whether he was familiar with the Keg and The Deli and the fact that they cover the legal 3.2% sales hours in the Town. He then asked why Mr. O'Brien dial not have legal counsel at the initial public hearing. Mr. O'Brien replied that Colorado Liquor Code required neither legal counsel nor petitions. Mr. James Rogers testified that in his opinion the operation is necessary for the convenience of both residents and visitors of Vail. Councilman Donovan asked him when he had last pur- 40 chased 3.2% beer. Mr. Rogers replied, "Sometime last summer" and added that he noted a significant growth in the Town of Vail in the past few years, and that the service in the Village Market is very slow. Mr. Steve Ruder, owner of the Keg, commented that 3.2 beer is mainly catered to the 18 to 21 year old and asked Mr. Rogers whether he had ever tried to purchase it in the Town of Vail and not been able to get it. Mr. Rogers answered affirmatively. Mr. Harlan Choate, whose real estate office is located in Room 45 of the Vail Village Inn, next to the Dairy Depot, testified that due to crowds in the Deli he has been unable to be served promptly. When questioned as to the amount of 3.2 beer he had purchased recently he replied that he had bought two cases and that he has a teenage son. Due to his late arrival, Mr. John Buxman was then sworn in. He testified that his store, The Village Market, is located in the same block as the Dairy Depot, and that in his opinion there is not a sufficient need for another 3.2 beer outlet. Although he was represented by legal counsel at the initial hearing, he does not have a lawyer now due to the expense - $388.00 in legal fees represent 3 months' profits on 3.2 beer sales.. He stated that he is open every day of the year, from 7 AM to 11 PM on holidays and from.9 AM to 9 PM off season. -venty-five per cent of his business is from within the valley and 25% is visitor. According to Mr. Buxman, December 18, 1973 Page 2 there are plans for a 3.2 beer outlet.in the Bighorn area. Mr. Ruder asked that the petitions against the application be reinstated as evidence. He said that he received his first license in 1966 and was well-informed regarding the requirements of the Colorado liquor laws. He noted that he has parking approximately 300 feet from his establishment; his opinion is that there is adequate parking for both his business and The Village Market. Mr. Ruder's sales at the Keg are both 'on - premises' and 'off -premises'. Statistics from the State of Colorado show that 70-75 per cent of the 3.2 beer purchased is by 18 - 21 year olds. The public's purpose in going to a grocery store is not to purchase 3.2 beer but it would be picked up there due to the convenience. Mr. McLaughlin stated in closing that the tax assessments in the Town of Vail show the need and asked that the Council take notice of the last 3.2 license granted in the Town. He requested that Mr. Donovan be excluded from the vote and that his questions were biased. Mr. Buxman's initial testimony is to be incorporated into this hearing's testimony. Mr. McLaughlin asked the Council to deliberate upon the dif- ference between reasonable requirements of the neighborhood versus the desire not to have another 3.2 outlet. Mr. Minger stated that the petitions are numbered A through E. Councilman White commented that the Board has 30 days in which to decide on the granting of the license request. Next to be considered was the application from Grand Prix, Inc. for a beer, wine and liquor license in the Tivoli Lodge. Robert Lazier, Ernst Larese, James Rogers and Paul Ulrich were sworn in to testify for the application. Mr. Larese testified that he has been employed by Mr. Lazier since August 20, 1973, and the purpose of this request is to be able to provide a service to the house guests of the Tivoli. The seating capacity for the Grand Prix Room in the Tivoli would be 23 people. The Grand Prix would be open from 7 to 10 AM and from 4 to 12 PM. Councilman Donovan asked if Mr. Larese were aware of the number of establishments situated within a 1/4 mile distance from the Tivoli or even to the Crossroads Shopping Center. Mr. Larese said he thought there were about 15 to 20. Mr. Lazier then testified that he has built a number of estab- lishments in the Town of Vail over the past several years. He re-emphasized the need to satisfy the guests and noted that most of the guests are family -oriented. in answer to a question; regarding parking, Mr. McLaughlin stated that the Tivoli Lodge has more than adequate parking. Mr. Lazier commented that of the five lodges around his own, the Tivoli would be the only one with food facilities. Mr. Ulrich then testified as to the needs of the neighborhood requirement with regard to this facility. Mr. James Rogers then testified that in his opinion any lodge owner who wanted to put in a food facility should be allowed to do so as this would be in keeping with the idea of what a lodge is - as a feature of the lodge and for the benefit of their guests. Mayor Pro Tem White then stated that the Board has 30 days to make the decision in this matter and will notify the applicant in writing. As there was no further business, the Liquor Licensing Authority adjourned at 9:20 PM. • December 18, 1973 Page 3 The Town Council then reconvened at 9:20 PM with Mayor Pro Tem White presiding. Ordinance No. 25, ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR THE TOWN'S FISCAL YEAR BEGINNING JANUARY 1, 1974,AND ENDING ON THE LAST DAY OF DECEMBER, 1974, was introduced for second reading. The title was read in full by the Mayor Pro Tem and the audience advised that copies of the ordinance were available. Mr. Minger read from the Home Rule Charter regarding the adoption of the yearly budget. He commented on the potential problem if the budget were not adopted before the end of the year. He noted that due to the climate of the economy there will be no more per- sonnel hired for the Town of Vail until such time as the state, regional and local economy is satisfactory. Mr. Bernstein noted the impact of the energy crisis and the concern of the people regarding the $70,000.00 amount budgeted for contingencies. Such contingency items could easily be cut from the budget if the funds are not available. Mr. Bernstein also noted that no one is programmed to get the 5 per cent merit increase. Councilman Staufer stated that there has never been a meeting between the first and second reading of the budget. He is opposed to.the "blanket 15% increase" (i.e. cost of living and merit increases). He remarked that his reasoning is not that the staff does not merit the raise, but that they get a fair wage at the present time. He com- mented that this would give a 25 to 30% increase in payroll over a two-year period. He did not feel that the VA payrolls are good comparison and is totally opposed to the action. Secondly, Councilman Staufer questioned the figures in the budget and the various reports of actual expenditures for the 1973 Symposium. The amount budgeted was $10,000.00 and the reports indicated $13,500.00 , with vouchers showing $17,000.00 to $18,00.0.00 other than payroll. He then recommended a 'no' vote or a tabling of the budget. The Mayor Pro Tem noted that while there were no meetings between the first and second readings there was a meeting of the philosophy behind the budget, and he feels the Council knows the budget and is prepared to vote on it. Mr. Minger responded to what he termed 'absurd statements' made by Councilman Staufer. He noted that the VA salaries were asked for by the Town Council and Aspen is offering the town manager's salary of $32,000.00. He commented that he did not intend to dwell on salaries but rather on the integrity of the budget. Mr. Bernstein then commented that the relevant fact is how much money the staff is being paid not the percentages. With re- gard to Symposium expenditures, a Supplemental Appropriations ordinance of $3,500.00 was passed by the Council to cover additional amounts needed for Symposium expenses. Each councilmember was then asked to comment on the budget for 1974. Councilman Donovan was in agreement with the philosophy of the budget and the fact that the Town Manager does the hiring. He is in favor of passing the budget. Councilwoman Klug stated that the Council had adequate time in her opinion to review the budget. Councilman Steinberg commented on the efficiency of the budget being the issue to be considered along with the increase in . the payroll. December 18, 1973 Page 4 Regarding the Town Manager's and Town Attorney's salaries, Mr. Bernstein has determined an amount on Councilman Langmaid's request. Mr. Minger stated that he and the Town Attorney would be willing to stay at the same salaries as the previous year, i.e. $26,000.00 and $24,000.00, He will make no change in the payroll increases budgeted for his staff unless the council directs him to do so. Mr. Elias asked if the increase would be 10% across the board or 25% for some. He questioned the nature of the fringe benefits for the staff. Mr. Minger replied that all full-time employees have the same benefits. He then re- quested that the community state their goals for town govern- ment and make them known to him. A motion was then entertained for the adoption of the 1974 Budget for the Town of Vail. Councilman Steinberg moved to adopt Ordinance No. 25; Councilman Donovan seconded the motion; Councilmembers Langmaid, K1ug,. Steinberg, Donovan and White voted in favor; Councilman Staufer voted against the motion; the motion carried and Ordinance No. 25, Series of 1973, was approved. Ordinance No. 26, AN ORDINANCE FOR THE CONTROL OF DOGS, was introduced by the Town Manager. The title was read in full by the Mayor Pro Tem. and the audience advised that copies were available. Mr. Minger indicated that this need not be an emergency ordinance, and explained that the thrust of the ordinance is for a 'leash law' in CCI and CCII, these areas were designated with the help of a map. Councilman Donovan commented that he is in 100 per cent agreement with the ordinance but questioned Section 14 regarding "destruction of dogs"; and asked whether that could be changed to read "to be placed with the dumb friends' league". Councilman Steinberg noted that the same dogs offend time after time with new owners after being 'adopted'. Councilman Donovan said that they should be placed outside of town limits. Councilman Steinberg remarked on Section 11 and said that it should be changed to a female dog "in heat". With regard to Section 14C, regarding rabid dogs, ten days are needed medically to determine whether it is rabid or not. The animal should not be destroyed during that time. The dog should be impounded for medical testing. 'In Section 15, it is the opinion of Councilman Steinberg that mange is not in the same category as rabies and the dog should not be destroyed. He would like that taken out of the ordinance. He then offered the aid of the State Health Officer for perusal of this ordinance. Technical changes to be made would include, the addition of the words, "subsequent to the registration period" in Section 7C. Councilman Steinberg questioned whether under Section 22 concerning penalties, fines would be automatic. The attorney replied that the judge must rule on the violations. Councilman Donovan commented that the vaccination service to the public could be held again as had been. done in the past at the Fire House each spring. Mr. Smith stated his reason for calling this an emergency ordin- ance as being primarily due to the inconsistencies in the present ordinance and the need for such inconsistencies to be corrected. The major change is the leash law in CCI and CCII. Councilman Steinberg questioned the pedestrianization of other areas of the village and the possible need for this leash law to cover greater portions of the town. Mr. Minger remarked that the controversial matter of the dog ordinance requires its being put before the public. A member of the audience commented that the problem of the increasing dog population is more important than the leash law, and that the public will be forced to break the law. The second reading of this ordinance will take place on January 8th. The word 'emergency' will be stricken from the title. Mr. James Slevin pointed out that the Home Rule Charter provides for the retroactive nature of the ordinance. December 18, 1973 Page 5 Councilman Donovan moved that the dog control ordinance be passed on first reading for publication subject to auditions or changes just decided upon; Councilwoman Klug seconded the motion; the vote was unanimous in favor of the motion and the Town Clerk was instructed to have the ordinance published. With regard to a request for a Conditional Use Permit for Dr. Thomas Duncan at his Sandstone office, Ms. Diana Toughill, Zoning Administrator for the Town of Vail, explained that Dr. Duncan wants to use existing office and storage space. He meets all the requirements presently needed. In the event he wants to enlarge the space, more parking would be required. The Planning Commission has recommended approval of the permit. Councilman Steinberg questioned whether x-ray equipment would be installed. The actual design of the office was not shown. Mr. Dudley Abbott felt it was unnecessary to request a Conditional Use Permit since he said he had made an agreement with the Town when he owned the property which had determined the use at that time. Councilman Steinberg then requested that the matter be deferred until Dr. Duncan could be present. Councilman Donovan moved that the request for a Conditional Use Permit be granted with the condition that x-ray equipment not be used or that the Dr. must determine if the building meets requirements of state statutes. Councilman Langmaid seconded the motion; all council - members voted in favor and the motion carried. With regard to a request for a Conditional Use Permit for a counterweight cover for Lift No. 8, Mr. Fred Otto, legal counsel for Vail Associates,stated that the request is being made for safety and aesthetics. The Planning Commission has recommended approval of the request on the condition that the color be matched with existing colors of the mountain equipment. Councilman Donovan moved that the Conditional Use Permit be allowed; Councilman Staufer seconded the motion; councilmembers voted unanimously in favor of granting the request and the motion carried. Regarding a request by U.E.G., Inc. for a Conditional Use Permit for a Family Entertainment Center in CCII, Kent Rose, the town engineer, explained that the establishment would be e family game room to be located in the Vail 21 Building under the General Store. It meets all building and zoning require- ments. The Planning Commission has recommended approval. Councilman Donovan moved that the Conditional Use Permit be granted to U.E.G., Inc.; Councilman Steinberg seconded the motion; councilmembers voted unanimously in favor of granting the request and the motion carried. Concerning a parking request for Lionsquare Lodge, Mr. Warren Klug, manager of the lodge, asked if there might be a possibility f of allowing the area in question to remain as green space until at some future date it might be determined that additional park- ing were required, at the sacrifice of the green space. Mr. Mery Lapin, a member of the Planning Commission, commented that he is not in favor of granting parking variances, since it will have serious implications on future requests and building of more meeting space. Mr. Minger commented that he has qualms with the precedent this would set and is of the opinion that the problem should not be handled on an individual basis. It cannot be handled administratively and enforced by the staff. Mr. Klug remarked that the area around the lodge would be adversely affected if the green space were taken out. Councilmen Donovan and Langmaid commented that the landscaping is more important than the parking spaces, subject to conditions of the Planning Commission memorandum. 0 December 18, 1973 Page 6 Mr. Elias questioned the granting of the variance at this time due to the policy statement of the Council regarding parking variances. Mr. Elias is of the opinion that the zoning ordinance is inadequate for the needs of the lodges. Councilman White asked the Planning Commission to address itself to the question and submit a decision to council by the last day in February. Mr. Klug suggested that the ordinance. requirements.for parking be reduced. Councilman. White stated that Lionsquare must comply with present parking requirements within eight months; if the zoning ordinance is changed, then Lionsquare would not be required to construct the spaces. Discussion followed, with Mr. Klug asking for a decision at this meeting. Mr. Rose commented that no building could be done until at least April 15, and that the decision should be dependent on the parking required at that time. Councilman Steinberg moved to reject the parking variance request and require the spaces to be constructed if there is no change in the zoning ordinance by April 15. The building permit could be issued in the spring contingent on the parking requirement. Mr. Klug then requested that the permit be issued in the spring but that the spaces be put in by November 15, with a hearing on the matter to be held in the fall. Councilman Steinberg's motion was then amended to read November lst instead of April 15; Councilman Donovan seconded the motion; councilmembers voted in favor and the motion carried. Mr. Rod Slifer, representing the Vail Metropolitan Recreation District, was present to request that a bond election take place early in 1974 for the purpose of obtaining funds to expand the golf course clubhouse, and to build 16 tennis courts, 8 on Antholz and 8 at Lionshead, during the summer of 1974. Mr. Slifer stated that he is optimistic in making some arrangement with the Town regarding the use of the land. Mr. Minger commented that the Town has worked with the Royston firm regarding use of the Antholz for tennis courts, tot lots and a pro shop. Mr. Slifer noted that the cost of the courts would be approximately $200,000.00. The courts should be ready by July 1, 1974. Councilman -White commented that the additional courts and golf facilities would help to make Vail a summer destination point for tourists. Mr. Slifer then requested authorization from the Town Council that the site on the Antholz be given to the Recreation District for the purpose of constructing 8 courts. Both Councilman Donovan and Councilman Staufer commented on the importance of public ex- 10 posure to the decision of how to use the Antholz property. Other councilmembers were in agreement. A community question- naire is being prepared regarding recreational needs and desires of the citizens of Vail; it will be made available to the public about January 7th. REPORTS FROM THE TOWN MANAGER Mr. Minger commented that Keith Caroselli, of the Vail Factory, had approached him about the sign ordinance of the Town of Vail. Mr. Caroselli is opposed to some of the provisions of the ordi- nance because he feels they are not functional,or practical He would recommend that the ordinance be handled in an adminis- trative manner instead of being handled by a board, since it take such a long time to have a sign presented to the board. He asked that the sign ordinance be made more workable. He remarked that in his opinion the sign administrator has too much power and that some members of the Design Review Board do not know the ordinance. Lou Parker, representing the Design Review Board, stated that all of the requests for variances from the Vail Factory were with regard to size, not aesthetics. Councilman Donovan recommended that since the matter is a tech- nical one, it should be reviewed by the staff. He also noted that proposals should be presented before the board within one month of application. December 18, 1973 Page 7 Mr. Minger read a proposal by the CU Design Students to work with the town in planning the use of the Antholz Property. Cost to the town would be approximately $1500.00. Councilman Donovan made a motion that the CU students work with the town in this design project; Councilman Staufer seconded the motion; all councilmembers voted in favor and the motion carried. Mr. James Slevin, of the Vail Institute, addressed the Council with a request to use a portion of the Antholz property during the summer of 1974 for a tent to perform and hold programs for the community. Ultimately,.the goal: of the Vail Institute is to have a home: The Center for the performing Arts. The Council unanimously approved Mr. Slevin's proposal. CITIZEN PARTICIPATION Mr. Robert Buterbaugh questioned the development of Tracts A and B and the percentage of employee housing which might be available to local residents. Due to the construction of the Transportation Center, Mr. Buterbaugh asked if the bus route could be extended to Booth Creek and Sandstone. Mr. Minger commented that the staff is now working with Vail Associates on a revised bus schedule and route for the summer months. Regarding Lionshead, Mr. Buterbaugh asked if the hours would be extended for the people who will have to park in Lionshead due to the construction in the main parking lot. Mr. Minger replied that this problem is also being reviewed. As there was no further business, the meeting was adjourned at 12:30 PM. • 0