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Home My WebLink About1974-09-17 Town Council MinutesMPLAUGHLIN & HART ATTORNEYS AT LAW S. DOUGLAS HSLAUGNLIN -.A- -ANT JAv x. PETEN SON September 10, 1974 Town Council Town of Vail P. d. Box 100 Vail, Colorado 81657 RE: Non -conforming Use of Blue Cow Restaurant VAIL ARCADE v. O, BO;� 19OB VAIL,COLORAOO 61B5Y Dear Sirs: Pursuant to Section 20.800, Change of Use, Town of Vail Zoning Ordinance, I hereby request that the downstairs section of the Blue Cow Restaurant be allowed to be used as an extension of the present restaurant, for the following reasons, to -wit: 1. That the proposed use does not substantially differ from the existing non -conforming use in terms of compa- tibility with the character of the area in which it is located; 2. That the proposed use does not increase or aggravate the degree of non -conformity existing prior to such change of use; and 3. That unless said change of use is allowed, the zoning ordinance prohibits any use and would therefore be confis- catory regarding this property. Thank you. ,10 cc: Diana Toughill Gene Smith Josef Langegger JKP/jb Sincerely yours, MCLAUGHLIN & HART i By J y K. Peterson MINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL 17 SEPTEMBER 1974 A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, CONVENED AT 7t40 P.M. ON TUESDAY, SEPTEMBER 17, 1974, IN THE COUNCIL ROOM OF THE VAIL MUNICIPAL BUILDING. MAYOR JOHN DOBSON AND THE FOLLOWING COUNCILMEMBERS WERE PRESENTt KATHY KLUG JOSEF STAUFER JOHN DONOVAN JOSEPH LANGMAID TOM STEINBERG ALSO PRESENT WERE; • TERRELL J. MINGER, TOWN MANAGER GENE A. SMITH, TOWN ATTORNEY STANLEY BERNSTEIN, FINANCE DIRECTOR ORDINANCE No. 15, SERIES OF 1974, AN EMERGENCY ORDINANCE IMPOSING INTERIM ZONING ON THE BIGHORN AREA ANNEXED TO THE TOWN, WAS INTRODUCED BY THE TOWN ATTORNEY. THE INTENT OF THE ORDINANCE IS TO MAKE THE ZONING PATTERN FOR BIGHORN COMPATIBLE WITH THAT OF THE REST OF THE TOWN OF VAIL. COUNCILMAN STEINBERG MOVED TO APPROVE ORDINANCE N0.15; COUNCILMAN DONOVAN SECONDED THE MOTION; THE VOTE WAS UNANIMOUS IN FAVOR; AND THE MOTION CARRIED. THE TOWN CLERK WAS THEN INSTRUCTED TO HAVE THE ORDI- NANCE PUBLISHED AS APPROVED. ORDINANCE No. 16, SERIES OF 1974, AN ORDINANCE AUTHORIZING MUNICIPAL BORROWING OF MONEY IN AN AMOUNT NOT TO EXCEED 41oo,000.00 TO SUPPLEMENT THE GENERAL REVENUES FOR THE FISCAL YEAR 1974 AND TO DISCHARGE CURRENT MUNICIPAL OBLIGATIONS; AUTHORIZING THE MAYOR AND THE TOWN MANAGER TO JOINTLY EXECUTE ONE OR MORE SHORT-TERM NOTES TO EVIDENCE SUCH INDEBTEDNESS; AND PROVIDING FOR THE IRREPEALABILITY HEREOF UNTIL SAID INDEBTEDNESS HAS BEEN DISCHARGED, WAS INTRODUCED ON FIRST READING. THE FINANCE DIRECTOR EXPLAINED THAT THE ORDINANCE IS FOR CASH FLOW PURPOSES. COUNCILMAN DONOVAN MOVED TO APPROVE THE ORDINANCE; COUNCILMAN LANGMAID SECONDED THE MOTION; THE VOTE WAS UNANIMOUS IN FAVOR; AND THE MOTION CARRIED. THE TOWN CLERK WAS THEN INSTRUCTED TO HAVE THE ORDINANCE PUBLISHED AS APPROVED ON FIRST READING. ORDINANCE NO. 17, SERIES OF 1974, AN ORDINANCE MAKING A SUPPLEMEN- TAL APPROPRIATION FROM THE HEAVY EQUIPMENT FUND OF THE 1974 BUDGET AND FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO, AUTHORIZING THE EXPENDITURE OF SAID APPROPRIATION FOR THE PURCHASE OF A LOADER, AND AUTHORIZING MUNICIPAL BORROWING OF $53,0oo.00 TO SUPPLEMENT THE GENERAL REVENUES FOR THE FISCAL YEAR 1974 AND TO PURCHASE SAID LOADER, AUTHORIZING THE EXECUTION OF A SHORT-TERM PROMISSORY NOTE TO EVIDENCE SAID INDEBTEDNESS, AND PROVIDING FOR THE IR- REPEALABILITY HEREOF UNTIL SAID INDEBTEDNESS HAS BEEN DISCHARGED, WAS INTRODUCED ON FIRST READING. THE TOWN MANAGER EXPLAINED THAT THE LOADER WILL BE USED PRIMARILY FOR BIGHORN, BOOTH CREEK AND OTHER NEWLY ANNEXED AREAS TO THE TOWN, COUNCILWOMAN KLUG MOVED TO APPROVE THE ORDINANCE; COUNCILMAN STEINBERG SECONDED THE MOTION; THE VOTE WAS UNANIMOUS IN FAVOR; AND THE MOTION CARRIED. MINUTES SEPTEMBER 17, 1974 REGULAR MEETING PAGE 2 TOWN COUNCIL 46 0 �j Ll ORDINANCE NO. 18, SERIES OF 1974, AN ORDINANCE MAKING A THIRD SUPPLEMENTAL APPROPRIATION FROM THE GENERAL FUND OF THE 1974 BUDGET AND FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO, WAS INTRODUCED BY THE TOWN MANAGER. IN ANSWER TO A QUESTION REGARDING BUS SERVICE TO OUTLYING AREAS, THE TOWN MANAGER COMMENTED THAT THIS WILL BE REVIEWED WITH RESPECT TO THE 1975 BUDGET. THE FINANCE DIRECTOR COMMENTED THAT IT COSTS THE TOWN $11.00 PER HOUR TO OPERATE EACH BUS IN THE SYSTEM. DISCUSSION FOLLOWED REGARDING CONSTRUCTION OF AN OVERPASS FROM SANDSTONE TO LIONSHEAD IN THE NEAR FUTURE. COUNCILMAN STEINBERG MOVED TO APPROVE THE DRDI- NANCE; COUNCILMAN STAUFER SECONDED THE MOTION; THE VOTE WAS UNANIMOUS IN FAVOR; AND THE MOTION CARRIED. THE TOWN CLERK WAS THEN INSTRUCTED TO HAVE THE ORDINANCE PUBLISHED AS APPROVED ON FIRST READING. ORDINANCE No. 19, SERIES OF 1974, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE OPEN SPACE/CAPITAL IMPROVEMENTS FUND AND THE RECREATIONAL AMENITIES FUND OF THE 1974 BUDGET AND FINAN- CIAL PLAN FOR THE TOWN OF VAIL, COLORADO, AND AUTHORIZING THE EXPENDITURE OF SAID APPROPRIATIONS FOR THE PURCHASE OF TRACT A, A PORTION OF LOT A, BLOCK 2, VAIL VILLAGE SEVENTH FILING, AN UNDEVELOPED TRACT OF LAND SITUATED IN THE TOWN; AUTHORIZING SHORT-TERM INDEBTEDNESS OF $225,000.00; AUTHORIZING THE MAYOR AND THE TOWN MANAGER TO JOINTLY EXECUTE A SHORT-TERM PROMISSORY NOTE FOR PART OF THE PURCHASE PRICE AND OTHER INSTRUMENTS RELATING TO SAID PURCHASE; AND PROVIDING FOR THE IRREPEALABILITY HEREDF UNTIL SAID INDEBTEDNESS. HAS BEEN DISCHARGED, WAS INTRODUCED BY THE TOWN MANAGER. TRACT A WOULD BE USED AS A SPORTS FIELD AND OPEN PARK SPACE. COUNCILMAN STAUFER MOVED TO APPROVE THE ORDINANCE; COUNCILMAN DONOVAN SECONDED THE MOTION; THE VOTE WAS UNANIMOUS IN FAVOR; AND THE MOTION CARRIED. THE TOWN CLERK WAS THEN INSTRUCTED TO HAVE THE ORDINANCE PUBLISHED AS APPROVED ON FIRST READING. WITH REGARD TO THE COLLATERAL AGREEMENT WITH COMMUNITY TELEVISION, INC., THE TOWN ATTORNEY STATED THAT THE DOCUMENT REQUIRES A MOTION BY THE COUNCIL AND THE MAYOR'S SIGNATURE. DISCUSSION FOLLOWED REGARDING DETAILS OF THE FRANCHISE AGREEMENT WHICH HAVE NOT BEEN DISCUSSED, AND THE TOWN ATTORNEY STATED THAT A DELAY IN SIGNING THE AGREEMENT WOULD HAVE OTHER SERIOUS EFFECTS ON THE SYSTEM S OPERATION. THE TOWN MANAGER REQUESTED THAT ANY PROBLEMS OR COM- PLAINTS BE REPORTED TO HIS OFFICE IN WRITTEN FORM TO INSURE RAPID CORRECTION OF THE DIFFICULTY. COUNCILMAN STEINBERG MOVED TO APPROVE THE COLLATERAL AGREEMENT; COUNCILMAN DONOVAN SECONDED THE MOTION; COUNCILMEMBERS STAUFER AND KLUG OPPOSED THE MOTION; COUNCILMEN STEINBERG, DONOVAN, LANGMAID AND DOBSON VOTED IN FAVOR; AND THE MOTION CARRIED. WITH REGARD TO A REQUEST FOR A CHANGE OF USE FOR THE BLUE COW RESTAURANT, THE MATTER WAS REFERRED TO THE PLANNING COMMISSION FOR THEIR REVIEW. WITH REGARD TO RATES TO BE CHARGED FOR USE OF THE PARKING FACILITY, THE TOWN COUNCIL HAS APPROVED THE RATES AND THEY HAVE BEEN PUBLISHED IN THE VAIL TRAIL. BARRING EARLY SNOW THE STRUCTURE WILL BE READY ON SCHEDULE. THE FINANCE DIRECTOR REPORTED THAT THE SALES TAX REVENUES FOR THE PERIOD JANUARY THROUGH JUNE 1974 SHOWED A 38% INCREASE OVER 1973. MINUTES REGULAR MEETING TOWN COUNCIL SEPTEMBER 17, 1974 PAGE 3 AS THERE WAS NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9:Go P.M. LIQUOR LICENSING AUTHORITY AFTER A BRIEF RECESS, THE LIQUOR LICENSING AUTHORITY CONVENED AT 9:10 P.M. WITH REGARD TO A REQUEST FROM VAIL ENTERTAINMENT, LTD. FOR A THREE—WAY LICENSE TO OPERATE THE CASINO VAIL, ROBERT COOK, ATTORNEY FOR THE APPLICANT, AND DAVID IDEN, STOCKHOLDER IN THE FIRM, WERE SWORN IN BY THE TOWN MANAGER. THE APPLICANT GAVE TESTIMONY REGARDING THE DETAILS OF THE OPERATION. THE TOWN CLERK AND POLICE CHIEF REPORTED THAT THE APPLICATION REQUIRE— MENTS HAD BEEN MET. THE TOWN ATTORNEY STATED THAT THE LICENSE COULD BE APPROVED BUT NOT ISSUED UNTIL ALL FOOD SERVICE REQUIRE— MENTS ARE MET. THE COUNTY HEALTH OFFICER HAS NOT YET GIVEN FINAL APPROVAL TO THE FOOD SERVICE OPERATION. DR. STEINBERG MOVED TO • APPROVE THE APPLICATION ON THE CONDITION THAT THE APPLICANT MEETS ALL FOOD SERVICE REQUIREMENTS; MR. LANGMAID SECONDED THE MOTION; MR. STAUFER, MR. DONOVAN AND MS. KLUG ABSTAINED; MR. DOBSON, DR. STEINBERG AND MR. LANGMAID VOTED IN FAVOR AND THE MOTION CARRIED TO APPROVE THE LICENSE. WITH REGARD TO A REQUEST FROM SWEENY TODD'S LTD. FOR A THREE—WAY LICENSE, DOUGLAS MCLAUGHLIN, ATTORNEY FOR THE APPLICANT, AND MARIA MASON, OWNER OF THE ESTABLISHMENT, WERE PRESENT FOR THE HEARING. WITNESSES WERE THEN SWORN IN BY THE TOWN MANAGER. THEY INCLUDED: RAY MASON, HUSBAND OF THE OWNER, WM. P. COSTELOE, PAUL ULRICH, RICHARD GUSTAFSON AND DAVID PRATT. MR. MCLAUGHLIN PRESENTED PETITIONS MARKED EXHIBITS A THROUGH D TO BE ENTERED INTO THE RECORD. MS. KLUG RAISED AN OBJECTION REGARDING NEEDS OF THE NEIGHBORHOOD, STATING THAT THE NEED MUST BE DEFINED EXPLICITLY. AFTER SOME DISCUSSION, THE APPLICANT'S ATTORNEY STATED THAT HIS CASE WAS COMPLETE. THE LICENSING AUTHORITY WAS IN CONSENSUS THAT NOTICE WOULD BE GIVEN IN WRITING WITHIN 30 DAYS AS REQUIRED. AS THERE WAS NO FURTHER BUSINESS, Tt-"EETING WA ADJOURNED AT 9s45 P.M. r/ ` MAYOR ATTEST: T 0 0 town' of nail box 100 office of the town manager vail, colorako 81657 (303) 476-5613 September 18, 1974 NOTICE OF SPWIAL MEETING TO VAIL TCM COUNCIL Please be advised that there will be a special meeting of the Town Council of the Tom of Vail to consider an annexation petition from citizens of the second portion of the Bighorn area east of Vail on Tuesday, September 24, 1974, at 4:00 P.M. The meeting will be held in the Council Roan of the Vail Municipal • Building. This meeting will follow the regularly scheduled work session of the Town Council. Rosalie Jef Town Clerk • NOTICE PUBLIC MEETING NOTICE IS HEREBY GIVEN THAT THERE WILL BE A PUBLIC MEETING OF THE TOWN COUNCIL OF TIiS TOWN OF VAIL, COLORADO, ON TUESDAY, SEPTEYMER 24, 1974, AT 4:00 P.M. IN THE VAIL MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING AN ANNEXATION PETITION FROM CITIZENS OF THE SECOND PORTION OF THE BIGHORN AREA EAST OF VAIL. THE PUBLIC IS ENCOURAGED TO ATTEND THIS MEETING. DATED this 18th day of September, 1974. PUBLISHED in The Vail Trail on September 20, 1974. • MINUTES SPDCTAL MEETING TOM COUNCIL OF THE . TC7WN OF VAIL: 24 SEPTEMER 1974 A special meeting of the Town Council of the Town of Vail was convened on Tuesday, September 24, 1974,.in the Council Room of the Vail Municipal. Building at 4:00 P. M. Mayor John Dobson and the following councilmembers were present: Josef Staufer Kathy Kl.ug John Donovan Joseph Langmaid others present included: Terrell J..Minger, Town Manager Gene A. Smith, -Town. Attorney James F. Lamont, IDirector of`Camunity Development Resolution No., 20, Series of 1974, a resolution of intent to annex a portico of the Bighorn,area to the Town through an annexation election, was presented to the Council for'their consideration. The petition had been presented.tQ,the Town. Clerk on Friday,' September 20, 1974- The town'attorney explained the procedures to be followed for this annexation election. Mr. James F. Lamont reported that there are 25 - 30 registered voters in the area desiring to beyannexed. Six registered voters have signed the petition which exceeds the requirement of 10% of the registered voters, or 3 in this case. Counci]man Donovan moved to adopt Resolution No. 20; Councilman Staufer'seconded the motion; the vote was unanimous in favor; .and the motion carried. As there was no futther business, the meeting was adjourned at 4:10 P.M. f r` Mayor ATTEST: Town Cler