HomeMy WebLinkAbout1973-12-18 Town Council MinutesMINUTES
REGULAR MEETING
TOWN COUNCIL FOR THE TOWN OF VAIL
DECEMBER 18, 1973
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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.
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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.
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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-
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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.
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