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HomeMy WebLinkAbout1978 Vail Town Council MinutesVAIL TOWN COUNCIL WORK SESSION 3 OCTOBER 1978 2tem 13: Discussion of conversion of shop space to real estate offices in CCT and CCTI. GERSTENBERGER: What happened -~ the Planning C~a~u«ission heard a conditional use request in Lionshead to put in a real estate office down there, and it was denied by the Plan- ning Commission by a whopping 2 to 2 vote. inTe will be hearing another one for the one in the Village - Branders Real Estate. We messed up. They understand that we screwed up; they have to go through the procedure. If they're turned down, they have to get out. SLIFER: There're going to be others coming - the Alaska Shop... ~. DONOVAN: How about Vail Associates and how about Canada's? Did they go through the process? GERSTENBERGER: Yeah, they did. HOPMAN: After the fact. GERSTENBERGER: Yeah. Well, VA didn't. Canada's did. HOPMAN: Canada's did because when they came to us they were in the shop - when they came before us on the Planning Commission. SLIFER: And was it approved? HOPMAN: Tt was approved. I remember that particular one, Even the Lionshead people were so pleased to see that happen • because the space was so badly taken care of, They didn't really care what went in there - dust to improve the visual impact. I think essentially though there are some definite implications. SLIFER: z think it might be appropriate if the Council has strong feelings ane way or another that we te11 Allen, and then he can pass our feelings on to the Planning Commission. HOPMAN: Don't we have control of that by conditional use permits? GERSTENBERGER: Yeah, right. They can't .be on the first floor. They have to come in and be considered on a case-by-case basis, Page 2, Town Council work session, 3 October 19'78 SLIFER: But all I'm saying is that if that's a real strong issue with us, and T think everybody agrees, if I understand you right,..I don't want to put wards in your mouths... I think you all feel very strongly {anal I'm in the business)... DONOVAN: You're a little bit suspect... (laughing). SLIFER: But aren't you all concerned about these two offices...? DONOVAN: Yes, but Y'm also concerned about equal treatment. When does one more real estate office, when does a 300 square foot real estate office for Benchmark vs. what VA did vs. what Canada's did...I'm just talking from the Bench- mark side (when the guy rings my ear out). He was told by the Planning Commission members M11s and White who voted against him that if he was up in the Core they'd have no problem. Well, goddammit, I'd have a problem. I have a problem with the two that are there already, Slifer and Brandess. JAY PETER DONOVAN: PETERSON: DONOVAN: PETERSON: SON: That's Well, maybe say ? Well, they They didn't No, as a m not what they said. that's not what they said. What did they had a problem with it. say anything about Commercial Core I? otter of fact, T think they said the opposite of that. I think they had a problem with it going into Commercial Core T. HOPMAN: Commercial Core T - where they didn't in Lionshead. DONOVAN: They denied it in Lionshead. PETERSON; They denied both of them, didn't they? PALMATEER: No, they haven't seen the other one. GERSTENBERGER: 1 don't remember their comment about they had no problem in the Core. They did say - the people who voted against it said we don't think that it's in keep- ing with generating more traffic, and that's what Lions- head needs. And so, therefore, we vote against it. On • Vail Associates, they got it, T think, mainly because they were really a first floor level -- they were ground Page 3 level on one place, and they moved up to be ground level on another. That one I can see. Canada's probably was bad because they were upstairs then expanded down, and they were granted under the theory that they expanded. WILTO: They were on the first floor as well? GERSTENBERGER: The theory was that they had expanded sa therefore it wasn't as bad as a new use. PALMATEER: The problem is that you don't have a half a dozen different businesses that you can choose from and say, we11, I'd like to see this kind of shop there. In the case of Lionshead, I'm not saying the Village - we are using conditional use in the Village, right? But that hasn't been approved for Lionshead, correct? GERSTENBERGER: No, horizontal zoning. PALMATEER: Horizontal zoning, yes. But that space is such a disaster. T'd like to see something else there. But, if that real estate office isn't going to be there, then there aren't five other businesses that want to go in there. HOPMAN: Z think you'll win out though, because T don't honestly believe that any space in any principal area in this town is going to set vacant for that long. PALMATEER: That has set there for two years, Scotty... HOPMAN: Yes, but not because of the real estate thing; it's because of the owner of the property. PALMATEER: Yeah, but why isn't there somebody else interested in that space? Why was it a real estate company that came along? PETERSON: Paula, maybe I can clear it up. Number one, it was not storage; it was part of the ski shop. It's been rented by Gondola Ski Shop ~ they sold the .business to Charlie's Gondola Ski Shop. They've taken the space. The landlord now said z'll break off 600 sq. ft., or 400 sq. ft. - used to be 6 - and rent it out. He's had a tremendous interest in the space. T tried to rent it for somebody for an ice cream shop. ' Page 4 DONOVAN: Who's the landlord? PETERSON: Its Oscar Tang (?) now. HOPMAN: Which is Salloway? PETERSON: No, Salloway's out. SLIFER: T know the issue... DONOVAN: The issue is we don't want real estate.,. SLTFER: No, no, no. Let's just say offices because there can be other offices. Do we want the conversion of retail space to offices in CCT and CCII? GENERAL: No. SLTFER: That, to me, is where the discussion ought to stop. PALMATEER: But there already is space there. HOPMAN: Well, then let's just say we stop it. t's ? Th t SLIFER: more a Okay, but you say right now do you wan all I'm asking you. Da you want to go backwards? You can't. You've got to go forwards. HOPMAN: T say, from this point forward, my opinion is no. SLIFER: Tf you want to consider each one, then we'll tell them that. Or if you want to say I don`t care about conver- sion, or you want to talk about each conversion, we can tell them that. WTLTO: I think our general policy should be that we are not in favor of it. It's that simple, We've always had a few - we've always had Bryon Brown and your office. DONOVAN: Maybe they should be like signs and be phased out too. SLIFER: Maybe they should at some point. DONOVAN: The only people who can afford to pay the rent anymore are the real estate people. SLTFER: Maybe not next year. DONOVAN: That's right, and that's when they become empty again. Discussion turned to Eagle County Planning Commission and having a staff member attend meetings on a regular basis. No further discussion regarding conversion of retail space to office space. /sjm i ?_ MINTUES REGULAR MEETING VAIL TOWN COUNCIL 3 JANUARY, 1978 The regular meeting of the Town of Vail GounciT was convened at 7:40 P.M., on Tuesday, _ January 3, 1978. Present were Mayor Rodney Slifer and the following members of the Vail Town Council: Paula Palmateer • John Donovan . Thomas Steinberg Wi7Tiam Heimbach William Wilto Councilmember Ruder was absent. Also present were Town Manager Terrell J. Minger and Town Attorney Lawrence Rider. Mayor Slifer introduced Ordinance No. 29, Series of 1.977, rezoning a portion of Vail Run from Rc to SDD5, on second reading. He then introduced Toning Administrator, Diana Toughill who explained that there had been a slight change in Section 8, paragraph B, to clarify language. There were no comments or questions from either the Council or the Floor, and Councilman Heimbach moved to approve Ordinance No. 29, Series of 1977 on second reading with the amendment in language to Section 8-B. Councilmen Donovan and Steinberg voted "no". Councilmembers Palmateer, Heimbach, and Wilto voted in favor, and the motion carried. Next item on the agenda was a special presentation of service awards to members of the Planning Commission and Design Review Board who had completed terms of service. Mayor Slifer introduced farmer Mayor Dobson who thanked those who had served so faithfully and diligently and awarded each of them a Slate placque with their names engraved with service dates. Those receiving placques were: Robert Clark; Gordon Pierce; Dave Sage; Jen Wright; Dave Gorsuch; Jim Slevin; Hans Weibel; Bill Hanlon; Jack Fritzlen; Dan Corcoran; Bi71 Heimbach; and Bill Wilto; a.1T of whom served on the Planning Commission. Carol Kramer was awarded a placque for her service on the Design Review Board. Mayor Slifer then awarded an identical placque to John Dobson for his long years of service on the Town Council. Mayor Slifer then introduced Diana Toughi7~ who explained that this was the request from - - --Candrnark which had been postponed'~from the December 20, 1977; meeting regarding setback and parking variances for the proposed Landmark addition. Jeff Selby, representing Landmark, then requested the council to table the parking variances request for two weeks and advised council that some modifications had been made since the first request for set- back variances at the last council meeting. He covered the revisions and explained that he believed that the addition to the building would greatly enhance the building and create a warmer feeling in the Lionshead mall area around the stairs. Ms. Toughili added that the Planning Commission had voted 6 to 1 in favor of granting the variances. Mayor Slifer then asked for questions or comments from the Council and Audience. Ms. Linda Bird, from Sunrise in Lionshead stated that she had no real objections to the project, except that she felt that further construction in Lionshead would disrupt the summer business and that Lionshead needed a good, viable summer. Mr. Selby stated that he too was interested in . the area having a good summer and felt that this project would not interefere with the mall area and would ultimately enhance the area. Mr. Edward L. Volpe, representing Kostas Taverna, a business in the Landmark building, stated that his client was opposed to the project totally and claims that the project would be materially injurous to his client. Further stating that the view would be destroyed and that the additions were being planned without the approval of the tennants. Mr. Tom Anti o, representing LaCadequ Boutique, stated that he has no real interest in the project other than his objection to the construction in the area, which he feels would be materially injurous to his business. Attorney Jay Peterson, speaking for Landmark, stated that they would agree to build only one level of the proposed addition, if that would be a fair compromise for those objecting. Mr. Volpe replied that since the application to Council was in the form of two-storys then he would not consider compromising until the formal application was revised. Councilmember Donovan asked for clarification of the parking variance request postponement. arry Rider stated that the Council cannot go beyond 21 days, but a client could waive the ~ 1 day limit and specifically ask for a longer delay for hearing. Councilmember Donovan then suggested to Mr. Selby that he consider asking for a longer postponement since there were many things yet unknown about the project and its implications. Councilmembers Steinberg and Palmateer expressed concern about the need for more study and questioning before council makes any decision. Town Attorney Larry Rider cautioned and advised the council that they must consider only the quesion of the variance request in terms of the MINUTES REGULAR MEETING JANUARY 3, 1978 number of feet, not in terms of the economic considerations which are outside the parameters of what is described in the ordinances as criteria for consideration of variance requests. Mayor Slifer stated, for the record that the Town Council has seen the site. There was a brief discussion between Mr. Selby and some tennants regarding who in the building supported the project. Mayor Slifer reminded the Council that they may con- . Sider the variance only in terms of what the definitions are described in the ordinances. He then asked for a motion to table the requests - Jeff Selby officially requested such tableing; Councilman Donovan mooed to table the requests for two weeks until the meeting of January i7, 7978, and asked for a revised model of the project with a moveable second floor to show what the relative differences would be. Councilmember Steinberg seconded the motion; a1i present voted in favor and the motion passed. Next item on the agenda was a request for final approval for the final plat of Glen Lyon. Mayor Slifer introduced Andy Norris, speaking for the project outlined the entire development briefly. Councilmember Palmateer asked how many people will be added by this project; Mr. Norris estimates about 730 living units. Palmateer then asked about parking questions and Mr. Norris suggested that perhaps extension of the shuttle bus system could be justified. There was a brief discussion regarding dedication of green space/open space lands being dedicated to the Town of Vail by this developer. Councilmember Donovan then reminded the Council and the citizens that this project adds another 1,000 people to the valley and that growth management must be implemented. He feels that no one seems to want to tackle the problem - but that it is certainly time to do so. There was a brief general discussion regarding the growth management process. Following that, Mayor Slifer asked for a Motion, which Larry Rider composed. The first motion was to accept the dedication of the stream tract in the project, moved by Councilmember Donovan and seconded by Councilmember Steinberg. A71 present voted in favor and the motion carried. The second motion was to approve and accept.the final plat itself and was made by Council member Wi1to, seconded by councilmember Heimbach. A11 present voted in favor and the motion passed. The third motion was to accept the dedication to the Town of Vail by the developer of tracts A,B,C,D,E,F,G,H,J and K. The motion was made by Councilmember Steinberg and seconded by councilmember Wilto. All present voted in favor and the motion passed. Mayor Slifer then introduced Ms. Toughilll who explained that Vail Associates was requesting the resubdivision of Lot 2, Block Z, Vail Village 12th Filing, (a parcel of land located near Booth Falls) to change zoning from LDMF. Phil Ordway, speaking for Vail Associates stated that it was their feeling that this site should not include more than 4 units. There being no further discussion, Councilmember Donovan moved to approve the resubdivision subject to the rezoning approval on February 2, 7978. Councilmember Palmateer seconded the motion, all present voted in favor and the motion passed. Next for discussion and attention of the Council was the matter of the request for assistance .to the Town of Vail from the Lionsridge Neighborhood Organization. Mayor. Slifer explained the history of the request and stated that Dan Walker, consultant was evaluating the questions and that the council was considering the purchase of the land in parcels B-4 and B-5. He further stated that although the parcels were not that important in a valley wide sense, they were important to that particular neighborhood and that the council requested the owners of the condominiums in the neighborhood to circulate and sign a petition stating support of proposals to purchase the-land with the town of Vail in a 50%/50% share of cost. He stated that there were many details to be worked out and that a special district would probably have to be formed. But first, he wanted the petition to be submitted from the property owners in the neighborhood. Larry Rider clarified far the record that bhe buyers of the project would be subject to special district assessments and that everyone should know that when they sign the petition. There was a brief discussion among the council regarding where the funds would came from to pay the Town's share of the purchase price. Stan Bernstein compared it to the handling. of the Bighorn street program and stated that he would investigate other means of funding. The mext matter for council discussion was a presentation of the current parking situation and a report of the parking study. Mayor Slifer introduced Allen Gerstenberger, Director f Community Development, who explained the process of the parking study. The mayor then ~~ntraduced Phil Ordway, Vail Associates, who explained the current status of the restrictions being placed on parking in the western most parking lots. Mr. Ordway apologized for some confusion and lack of communication in the process of setting up the new parking rules, and stated that anyone bearing local license plates who attempts to drive into Vail asso- ciates lots during the day carrying less than .three people, will be asked to park in the western most areas set aside for employee parking. Anyone carrying more than three people ,6; MINUTES REGULAR MEETING JANUARY 3, 1978 will be allowed to park He further stated that he believes the restrictions have created at least 40 more parking spaces for visitors in those lionshead lots. He feels that the program is fundamentally a good one and that most of the negative feedback is due to poor communications. He further stated that this does not necessarily represent Vail Associates' final solution to the problem, but that it is temporary and will be • refined. There was a brief, general discussion amoung the Council and the public regarding parking problems in general, including suggestions from the Council and Vail Associates represen=. tatives that more employers and employees be encouraged to use the public transportation available in the valley. Phil Ordway asked in any consideration was being given to long range solutions Tike possibly special districts for parking, etc., and Terry Minger stated that the council had not necessarily looked at that one but he would be happy to sit down with Ordway to discuss and present to Council. Mayor Slifer then introduced the next matter of business which was the status of the proposed Gondola I Building expansion. Diana Toughill explained that the new: plans submitted to the Town Staff had met a-1 the requirements and that the staff had approved the project as currently submitted There was a brief discussion as to the consideration of eliminating the East access and moving it to the West. Mr. Ordway stated that Vail Associates was considering that and felt that the Forest Service would probably grant that right tot he Town of Vail, but probably not to Vail Associates, and that Vail Asso= dates would support a request for ,same by the Town of Vail. Peter Burnett, Supervisor of Streets and Roads, cautioned council that buildings be of such design to prevent possible snow overhand and icing. Council noted that the Design review board would be looking at that. There was a brief discussion regarding use of the patio area by Vail Institute and whether or not both buildings must be built. Council member Donovan asked Mr. Ordway to put a price on building only the South building and not the North building Ordway pointed out that the project had been cut back as much as possible and that they fully intended to build it, however, he would come up with a figure. The final item on the presentations agenda for the meeting was a public discussion of the horse-drawn sleigh. Mayor Slifer introduced Steve Cadwell who operates a horse- drawn sleigh and .haywagon. Mr. Cadwell gave a brief and entertaining history of his personal experience in handling horses as a part of his request for permission to maintain horse-drawn rides in the village core. He asked for permission to use gates, park in the core areas and extended hours for services and if it was possible to do forge work and -__ ._. blacksmithing in the core of the village as an attraction. There was a lengthy and detailed discussion between Mr. Cadwell, the Council, Ghief of Police, Gary Wall, Pete Burnett and the audience regarding multiple problems and possible solutions which might allow Mr. Cadwell to continue to operate in the village. At the conclusion of the discussion, Councilmember Donovan clarified the position of the council as being: 1) he may not operate before 10:00 am, nor between the hours of 3-5:30 PM, and not after 11:30 pm. 2) The wagon must be checked for safety and the insurance certificate i must be received by the Town of ,Vail. 3) He may drive both directions on Gore Creek Drive, but not east of the Vorlaufernor either South or North on Bridge Street. 4) He must comply with the dog ordinance and the forge & blacksmithing request is denied. 5) He may operate on a trial basis for two weeks only from today. The matter will be discussed again on the 17th of January. Councilman Donovan then moved that all this be agreed upon by the Council. Councilmember Heimbach seconded the motion. Councilmember Steinberg voted against and all others present voted in favor. The motion carried. Councilman Heimbach then noted for the record that he wanted the council to move on the growth management programs as soon as passible. Councilmember Donovan requested a meeting in February for the express purpose of discussion of the real estate transfer tax and an election far that question. Councilmember Donovan then moved to adjourn. Councilman Heimbach seconded the motion. All present voted in favor and the motion passed. The mee adjourned at 10:45 PM. M yor J ~ ATTEST: Town Cle ~ - ~s K- MINUTES REGULAR MEETING VAIL TOWN COUNCIL 17 JANUARY 1978 The regular meeting of the Town Council of the Town of Vail, Colorado, was convened at 7:~5 PM on Tuesday, January 17, ]978, in the Uai1 Municipal Building Council Chambers: Mayor Rod Slifer and the following councilmembers were present; John Donovan Bill Wilto Robert Ruder Bi11 Heimbach Paula Palmateer Tom Steinberg Others present were: Terrell J. Minger, Town Manager Larry Rider, Town Attorney Minutes from the Town Council meetings of December b, 1977; December 20, 1977; and January 3, 1978 were introduced by Mayor Slifer.. Councilmember Wilto moved to approve the minutes; Councilmember Ruder seconded the motion; all present voted in favor and the motion passed. Resolution No. 1, Series of 1978,commending the State of Colorado Highway Department with regard to the Vail Pass portion of interstate Highway 70, was introduced and read by Mayor Slifer. The Mayor then commented that he believed the construction project would serve as a model for other highways in the state. He then introduced Mr. Procense from the State Department of Highways who introduced Mr. Ron Marshall and Mr. Matt Smith whom he credited for their assistance on the project. He stated that the expectation was that the highway project would be totally completed by next summer. Town Manager Terry Minger added his comments regarding the commendable project and stated that he and Mr. Procense would be working together to develop a study of the possibility of a traffic signal at the Pour-Way Stop and another regarding the possibility of the Town of Vail undertaking the maintainence of Highway Six in the Bighorn area. Councilmember Donovan moved to approve the Resolution; Councilmember Palmateer seconded the motion; all present voted in favor and the motion passed. Ordinance No. 1, Series of 1978, adopting the 1977 Supplement to the Vail Municipal Cade, was introduced on first reading by Mayor Slifer. There was on discussion from Council or the public. Councilmember Steinberg moved to approve; Councilmember Heimbach seconded the motion; all present voted in favor and the motion passed. Ordinance No. 2, Series of 1978, rezoning Lot 4, Block 1, Bighorn Third Addition, Lot 27, Block 2, Vail Village Thirteenth Piling, and Lot 3, Block 9, and the South 1/2 of Lot 1, Block 3, Bighorn Third Addition, was introduced on firse reading by Mayor Slifer. Town of Vail Toning Administrator, Diana Toughill, explained details of the rezoning requests. There was no discussion or questions from either the Cauneil or the Public. Councilmember Ruder moved to approve; Councilmember Steinberg seconded the motion; a17 present voted in favor and the motion passed: The next item of business for the Council was a request for setback and parking variances for Landmark. Mayor Slifer asked Larry Rider to explain the situation. Mr. Rider in ,turn asked Diana Toughill to recap the history of the vari-.ante requests. Mr. Rider then clarified the procedural requirements which have been met by the developer and reminded the Council of the criteria for making a decision in this case being the conditions of the variance request only. Mr. Jeff Selby, developer, then presented the revised plan for development:of the proposed addition. He stated that the parking variance question would be discussed later. Mr. Volpe, Attorney for Kostas Taverna, a tenant in the Landmark Building, questioned whether it is appropriate for Council to hear Mr. Selby's request. Larry Rider advised Council that they may hear the request for variance pending the outcome of determination of ownership of project and that it was appropriate for the Council to hear Mr. Vo1pe's argument on behalf of his client. Mr. Volpe continued to say that his client objects to the present plan far the project since it differs from that which his client was led~to believe would be presented and feels that the unknowns in the present project would materially damage his client. Mr. Jay Peterson, attorney for Landmark, stated that the project as currently presented to the Council had MINUTES VATL TOWN COUNCIL PAGE TWd 7 7 JANUARY, 1978 the approval of the majority percentage of the Board of Directors. He then went on to point out that the proposed plan was in keeping with the recommend- ations made by the Town ov Vail and Vail Associates planning staffs. Mr. Selby reinterated that it was difficult to finalize details with tenants until they know what the final project proposal will be, following variance procedures. There was a general discussion between the Councilmembers, Mr. Rider, Mr. Selby, Mr. Peterson and Mr. Volpe regarding conditions under which the variance may or may not be granted. Mayor Slifer then clarified the choices of the Council re- garding the variance requests. Councilmember Wilto then moved to approve the setback variance request with the condition that the variance apply to the first floor only and that the second floor construction be subject to Council approval and the approval of the tenants. Councilmember Palmateer seconded the motion. Lau Parker requested that the Council amend the motion and second to include • a signage program which would be submitted to the Tawn for approval. The Council agreed and the motion was so amended. There was general discussion regarding improvements in Lionshead prior to the vote. Mayor Slifer called for a vote which was as follows: Councilmem_b_ers voting in _ __ favor of the motion were: Wi1liam.Wilto; -and Paula Pa1mateer.. Councilmembers voting no were: Tom Steinberg; John Donovan; William Heimbach _ _. Rod Slifer ; and Robert Ruder. The motion was defeated. There was further discussion between Mr. Selby and the Council regarding what information might be helpful regarding the solving of the problems existing with the present proposal, toward resubmittal of the project at some future date. Councilmember Ruder moved to reconsider the previous motion; Councilmember Heimbach seconded the motion; all present voted in favor and the motion passed. The Council will re- consider the Landmark question. Councilmember Donovan then moved to table the parking and setback variance requests until the first meeting of the Council in Feb- ruary, which will be February 7th, 1978. Councilmember Ruder seconded the motion; a71 present voted in favor and the motion carried. The Landmark requests for variances will be heard again on February 7, 1978. Mayor Slifer then introduced the next item on the agenda, consideration of a request from The Printery for amendment of a Conditional Use Permit to allow a real estate office and sign shop on their premises. Mayor Slifer stepped down from the Council table due to passible conflict of interest in the question. Mayor Pro Tem Donovan then introduced Diana Toughil7 who explained the request. Lou Parker, owner of the Printery covered the background regarding the leasing of space on his premises, stating that two years ago the conditional use permit was originally granted to the Printery to allow Dale McCall to operate an office in the building. Mr. Parker was under the impression that a conditional use permit was needed, or had to be regranted each time the tenant .changed in that space. He further stated that there were two new tenants in the building; a sign shop and a real estate office. Mayor ProTem Donovan stated that he sees a difference between types of businesses in that space. There was general discussion between the Council, Ms. Toughill and Mr. Parker regarding the original letter granting the first conditional use permit and regarding parking and traffic questions as they relate to real estate offices and a sign shop as opposed to the type of traffic and parking required for an advertising office. Mayor ProTem Donovan then asked Mr. Parker if he wanted to table the question for further study. Mr. Parker agreed. Councilmember Heimbach then moved to table bath questions regarding the sign shop and the real estate office to February 7, 1978 meeting of the Council. Councilmember Wilto seconded the motion. A17 present voted in favor and the motion carried. ,___ Mayor Slifer then resumed his position at the Council table and introduced a letter to Town Manager Mi nger and the. P~1ayor fro~~i' Mr. Ordway and Mr. Marshal of Vai 1 Associates regarding the request from the Town of Vail for Vail Associates to consider not building the North building of the Gondola I project. The letter stated that Vail Associates had taken the matter under advisement. Mr. Ordway then personally requested a letter of support from the Town of Vail to be sent to the Forest Service stating that the Town would be in favor of Vail Associates use of the forest service road for access to the Gondola I project area. There was general discussion regarding maintainence, access and assignment of right-of=way and the right-of-way surrounding the building. .Council member Heimbach suggested that the Council direct Town Manager Minger to contact the Forest Service regarding use of the road for Vail Associates with the agreement that Vail Associates would give up access through the .village voluntarily. Councilmember Palmateer than moved that the Town would send a letter to Vail Associates and the Forest w w MINTUEs VAIL TOWN COUNCIL 17 January, 1978 PAGE THREE Service regarding a permit for VA to use access road._and that VA would give up access to the East and South in the Village. Counei1member Heimbach seconded the motion. Mr. Ordeay requested that the language of the letter to VA not be binding but that the intent be considered the same. The motion was amended to allow that flexibility. All present voted in favor and the motion passed. Next followed a discussion regarding the Bighorn and Sandstone bus fares. Mayor Slifer stated that a request had been received from the Camera Shop in Vail for the Council to consider making the buses to Bighorn and Sandstone free. There was a general dis~ cussion regarding fares and how much was offset by collection. Stan Bernstein, Finance Director, stated that only 1/3 to 1/4 of costs were offset by fares collected. The general consensus of the Council was to remove charges if, in doing so, it would encourage use of buses. There was a discussion regarding publicity of the free bus. The entire council agreed to start immediately with free bus service to those areas effective through the end of the season. Town Manager Terrell Minger then played, for the benefit of Council and the Public at the meeting, an audio tape of the news story which was presented recently on Channel 9 TV in penver regarding the free shuttle bus system in Vail. The next item on the agenda was a discussion regarding the Horse Drawn Sleigh. Chief of Police Gary Wall reported to Council on the performance of the operator for the two previous weeks. Mr. Cadwe7l, the operator, stated that he very much wanted to continue operations in Vail and would make every effort to abide by the restrictions for his operation. There was general discussion regarding the operation. The Council agreed that Mr. Minger and Mr. Wall would have the right to revolk license for the operation if infractions occurred. Ms. Toughill requested that a permit be sought for approval of horses within the Town limits. The agreement of the Council was that the operation could continue until further notice unless it is ended due to an infraction of the rules and regulations. Mayor Slifer then noted for information that the Ski,Museum and CMC were sponsoring an orientation day on January 27th in the Council Chambers of the Town of Vail municipal building for those who might be interested. In addition, he noted that Mr. Larry Burdick had resigned from the Vail Fire Protection District and the Vail Water and Sanitation District Board.- of Directors. The Mayor publicly thanked Mr. Burdick for his many years of service to the Town and the special districts. There was a brief discussion regarding openings on the Planning Commission, the Design Review Board and the Local Liquor Licensing Authority. The public was advised that the pedestrian overpass was now open for use. There being no further business for the Council's attention, Councilmember Donovan moved to adjourn. Councilmember Wilto Seconded the motion, all present voted in favor and the motion carried . The meeting adjourned at 10:15 pm. ATTEST: MAYOR C •- ~ TOWN CLERK YR ~ r%< MINUTES VAIL TOWN COUNCIL REGULAR MEETING ~7 FEBRUARY 1978 The regular meeting of the Vail Town Council was convened in the Council Chambers of the Vail Municipal Building at 7:35 P,M,, on Tuesday, February 7, 1978. Mayor Rod Slifer and the following Councilmembers were present: Paula Palmateer Tom Steinberg John Donovan Robert Ruder William Wilto Bill Heimbach Others present included: tan Bernstein, Deputy Town Manager Larry Rider, Town Attorney Ordinance Number 1, Series of 1978 , adopting the 1977 1Municipal Code was introduced on second reading. Mayor Slifer 'had read the ordinance; a71 had, and there was no discussion. moved to approve the ordinance on second reading; Counci7memb~ motion; all present voted in favor; and the motion carried, will be published by title only. Supplement to the Vail asked if all Councilmembers Councilmember Palmateer sr Donovan seconded the Ordinance #1, Series of 1978 Ordinance #2, Series of 1978, rezoning Lot 4~, Block 1, 3ighorn Third Addition, Lot27, Block 2, Vail Village Thirteenth Filing, and Lot 3, Block 9, and the South 1/2 of Lot 1, Block 3, Bighorn Third Addition, was introduced on second reading. Mayor Slifer asked far discussion from the Council and public. Diana Toughil7 explained the need for this rezoning to be done by ordinance rather .than motion in order to legally change the zoning maps. There was no further disccssion and Councilmember Steinberg moved to approve the ordinance on second reading; Councilmember Weimbach seconded the motion. All present voted in favor and the motion carried. Ordinance No. 2, Series of 1978 will be published by title only. Ordinance No. 3, Series of 7978, imposing a Land Transfer Tax, was introduced on first reading. Mayor Slifer read the title of the ordinance into the official record: "An Ordinance imposing a Land Transfer Tax upon the Transfer of interests in real property; Earmarking the proceeds therefrom for the purchase of real property to be used for open space, recreational or park purposes, or employee housing; Requiring the collection of such tax by the Town Manager or his agents; Exempting certain transactions from the tax imposed; establishing procedures for ~ac~uiring a certificate of exemption; Establishing a Land Acquisition Advisory Committee; Establishing penalties for violations of this ordinance; Creation of a lein ofi the property transferred far the amount of the tax unpaid; Submitting this ordinance to the qualified electors of the Town; and setting forth details in relation to the foregoing". He then_ ~or discussion from the Council and public. Councilmember Donovan requested that this item n the agenda be moved to later in the meeting to allow time for additional audience members to arrive. The Council was in agreement. Ordinance No. 4, Series of 1978, rezoning Lot 2, Block 2, Vail Village Twelfth Filing was then introduced on first reading. Diana Toughili explained that this rezoning constituted a down- zoning of the parcel and that the Vail Planning Commission had recommended approval. Mayor Slifer asked for discussion from the Council and public. There was none and Councilmember Wilto moved to approve Ordinance No. 4, on first reading; Councilmember Donovan seconded the motion; all present voted in favor and the motion carried. Ordinance No. 4, Series of 1978 will be published in full. Tie next item on the agenda for Council consideration was the Landmark request for setback and parking variances. Mayor Slifer asked Diana Toughill to briefly cover the history of the requests in terms of previous meetings. She then introduced Jay K. Peterson, Attorney, acting on behalf of the developers of Landmark, who explained the changes made in the proposal since the last appearance before Council. He explained that the first floor addition to the ~xisting building would be built, but the second floor addition would not be built at this time, ut would be a deck instead so that the second floor could be added at a future date. He displayed an elevation map and explained the window arrangement of the building and what sight lines would exist. He went on to discuss the feeling of the developers in terms of the land- scaping of the area being that of greater importance than the parking of cars, although he .. MIiVUTES TOWN COUNCIL FEBRUARY 7, 1978 PAGE TWO cknowledged that arking roblems do exist, he added that the develo ers of Landmark were p p p doing more than just providing for their own parking at this time. Councilmember Wilto asked if the developers would be willing to put money into escrow for future parking needs and Mr. Peterson replied that they would. Edward Volpe, attorney for Kostas Taverna stated that his client would no longer oppose the project. Mr. Mattio, another tenant of the Landmark buildingstood to state that he was opposed to the project and asked for proof that the other tenants of the building were in agreement with the proposed addition. He asked that the Council table the matter until a71 tenants agreed with the proposed project. There was a general discussion among the Councilmembers, developers and tenants regarding the proposals in the project relating to sight lines, ground level displays, windows and the existing stairs. Mayor Slifer then stated for clarification the choices of the Council regarding granting or refusing the variance requests. He stated that the setback variance request and the parking variance request for 26 spaces should be considered separately. Town Attorney harry Rider then clarified the criteria for the decisions as: Consideration must be on the basis hat the variances dv not create a detrimental effect on the health and welfare of the neighborhood; that they must consider the long range effects of any variances granted; and . that they must consider whether any long term material damages will result. Mayor Slifer reminded the the Counil that the setback question was the only criteria. Councilmember Ruder ~oved to approve the request for setback variances and asked the applicant to submit a sign rogram. He then clarified his motion to state that the setback variance would be for the first floor and with the agreement of the the tenants, the second floor could be built without coming back to council for approval. Councilmember Wi1to seconded the motion. Mayor Slifer called far a vote; Voting yes were: Councilmembers Wilto, Ruder and Palmateer. Voting No were Councilmembers Heimbach, Steinberg, Donovan and Mayor Slifer. The motion failed. Mayor Slifer then returned tv Ordinance No. 3, Series of 1978, since the audience had since filled up with those who were interested in this matter. Having earlier read the title into the record, Mayor Slifer began to explain the background regarding the growth management and real estate transfer tax committees and the work they had done to lay the ground work for this ordinance. Bob Fritch, from the Sitzmark Lodge, stated that he objected to the funds from the tax being spent for employee housing, and that he believed that this addition to the ordinance was in conflict with the uses for open space. Harold Shaw from the Lodge at Vail stated that he disliked the idea of a transfer tax and that he was personally against the tax. Councilmember Donovan defended the concept and reminded Mr. Shaw that an election would be held and that the public could decide. Mr. Shaw then stated that he was in agreement with the concept, but that he felt the Council might look for other ways fund purchase of open space and other methods of controlling growth. Councilmember Stei~.berg then moved to approve Ordinance No. 3, Series of 7978 on first reading; Councilmember Donovan seconded the motion; all present voted in favor and the motion passed. Ordinance No. 3, Series of 1978 will be published in full. The next item on the agenda for Council consideration was a request for setback variance for Lot 8, Block 1, Vail Village Sixth Filing, from Federline. Mayor Slifer introduced Diana Toughill who introduced James Morter, architect for the applicant who explained the need for variances due to the site restrictions. He explained that the house would be stepped up back into the hill and that created the necessity for height variances. He then explained that the landscaping would be completed so as to preserve the site, and that there would be no impact on the neighbors in terms of drainage or views. Mayor Slifer asked if Dr. Eulein had been contacted. Mr. Morter replied that he had been unable to contact him. Mayor Slifer then asked for questions from the Council or public. There were none. He then stated for the record that the Planning Commission had recommended approval of the variance request. Councilmember Heimbach moved to approve the variance; Councilmember Palmateer seconded the motion; All present, except Mayor Slifer, voted in favor and the motion carried. Mayer Slifer pointed out that he voted against the variance because he feels the Council should not have passed the variance without having advised the neighbors of the request. _- The next matter for Council consideration was a request for funding from Colorado Mountain ~oliege. Randy Milhoan from CMC outlined the request for $10,000 and explained that the funds were needed to help support the CMC SummerVail Workshop in the areas of working scholarships and housing and advertising. Councilmember Heimbach asked Mr. Milhoan to supply to the Council a complete Budget for the CMC program in Vail. Mr. Milhoan agreed to do so. Councilmember Steinberg clarified that he would like to see a budget for the entire Vail operation, not just the Summervail Workshop. There was a general discussion regarding what percentage of Vail taxes went to CMC and the service level of the SummerVai7 Workshop. Mr. George Knox, a vail MI NUTF~ VAIL TOWN COUNCIL 7 February, 1978 page three resident stated that he supports the request for funds and Mr. Jim Cotter, a vail resident, ~sked for a quick decision from the Council to enable the program to be advertised as soon as possible, Councilmember Donovan moved to approve a contribution of $10,000 from the Town of Vail to Colorado Mountain College, pending the approval of an operating budget. Council- member Wilto seconded the motion. all present voted in favor and the motion passed. The next item on the agenda was a discussion regarding the Gondola I proposal from Vail Associates and the appeal of an administrative decision. Mayor Slifer explained the back- ground regarding the request of the Town of Vail that Vail Associates place a dollar value on the building space. Phil Ordway, representing Vail Associates explained the background and site plan for the proposed project. Citizens Dudley Abbott and Josef Staufer.~stated that they were led to believe that there would always be a Gondola I and that they were in favor of the Town of Vail buying the space for preservation. They further stated that they thought Vail Associates should honor its committments made to people who came to Vail and invested. Mr. Robert Oliver presented a petition to the Council stating support for the preservation of the open space. There was general discussion among the citizens in attendance stating support for the proposed project and support for the Town of Vail purchase of the land. Consensus of public opinion was support of the purchase of the space by the Town of Vail for preser- ~+ation of the open space in the plaza. Mayor Slifer then asked for comments from the Council. Councimember Steinberg stated that it was not the lack of Gondola I that would kill the golden goose, that the Town should ~ut land to prevent development of additional condominiums. Councilmember Palmateer stated hat she thought the price was to high for the parcel. Councilmember Heimbach stated that he thinks the town has made wise buys in the past in terms of dollar value per acre, but that this 1/4 acre is not worth the asking price. Councilmember Donovan stated that the Gounci1 was not just looking at 1/4 acre, but the preservation of that space would benefit everyone in the core and encourage people to come to the core area. Councilmember Ruder stated that he had concerns about whether or not the Town of Vail budget could handle this expense down the road. Councilmember Wilto stated that it would be advantageous to the Town to purchase the open space but that he felt that the price was too high. Mayor Slifer stated that he agreed with Councilmember Donovan in that the space should be preserved and supported the purchase by the Town of Vail. Deputy Town Manager Stan Bernstein stated that the Town was not necessarily bound to the financing plan outlined by Vail Associates, that there were other possible alternatives and that the Town budget could stand to bear another $60,000 per year expenditures. Mayor Slifer then called for a motion from the Council. Councilmember Donovan, moved to proceed with the purchase. Councilmember Ruder seconded the motion. Councilmembers voting in-favor were: Donovan and Slifer. Councilmembers voting against were: Palmateer, Steinberg, Heimback, Ruder and Wilto. The motion failed. ~[..ou Parker, a vail resident then asked Mayor Slifer if the price could be negotiated. The ayor stated that the Council would be happy to continue negotiations. Mr. Parker then requested that that more negotiations take place. he next matter for Council attention was the appeal of an administrative decision of the own of Vail Zoning Administrator by Mr. Charles McDermott, an attorney. Larry Rider introduced Mr. McDermott who explained that his appeal was directed to the approvals granted by the Zoning administrator of the Gondola I project for building. We then proceeded to present evidence and question Ms. Toughill, the Zoning Administrator regarding the requirements of an environmental impact statement for developments. At this point he was interrupted by Mayor Slifer who asked Town Attorney Larry Rider if this process of question and answer was appropriate at this time. Mr. Rider stated that in the appeal Mr. McDermott does have the right to present evidences as he sees fit. Councilmember Heimbach requested that Council consider tabling the hearing of the appeal for two weeks so that Vail Associates and the Town of Vail Could study the appeal. Mr.' McDermott stated that a copy of the appeal had been sent to Vail Associates, the Town of Vail and Ms. Toughill dated January 20, 1978. There was a brief discussion regarding whether or not the presentation should take place tonight or whether it should be tabled. Councilmember Heimbach moved to table the matter of the appeal for twa,weeks. Councilmember Steinberg seconded the motion; all present voted in favor and the motion carried. ~he next matter for Council attention was the appointment of members to the Design Review oard and the Planning Commission. Cauncilmember.Heimbach moved to reappoint Bill Ruoff and Abe Schapiro to the Design Review Board, and to reappoint Dudley Abbott and Gerry White to the Planning Commission to allow more time for additional applicants to come forth. . !~I N~J~ 6S VAIL TOWN COUNCIL 7 February, 1978 PAGE FOUR ~OUNCILMEMBER 5tei.nberg seconded the motion. All present voted in favor and the motion arried. The next matter for Council attention was the appointment of a member to the Local Licensing Authority. One application had been received from Bette Renz. Cauncilmember Donovan moved to appoint Ms. Renz. Counci1member Wi7to seconded the motion. All present voted in favor and the motion carried. The next item an the agenda was a discussion of an amendment to the dog control regulations. Mayor Slifer introduced Pat Dodson, Town of Vail Recreation Director who outlined the memo sent to Council regarding the problems being experienced by the recreation department on public lands and facilities with dogs not under control. Mayor Slifer stated that the Council had directed Town Attorney Larry Rider to do an amendment to the existing dog control ordinance to require leashing of dogs on public recreational facilities. There was a general discussion of the overall dog problem. Gordon Swanson, Fire Chief, stated for Council information that the Fire Department has assumed responsibility for dog control and that shortly there would be improved coverage in the area of enforcement of the dog ordinance. ~ayor Slifer suggested that the Council should consider having a public meeting on the dog roblem at its first meeting in March. The next item for attention of the Council was the reports of the Town Manager and Town ~ttorney. Larry Rider reported that the Vail Run lawsuit had been settled which cleared up he Lionsridge annexation and zoning. There being no further business for the Council, Councilmember Donovan moved to adjourn. Counciimember Pa1mateer seconded the motion, ali present voted in favor and the motion carried. :_ ~ ~} MAYS ( ~ ~ ` ATTEST: ~~~~ TOWN CLERK MINUTES VAIL TOWN COUNCIL SPECIAL MEETING 14 FEBRUARY, 1978 The special Chambers of 1978. meeting of the Vail Town Council was convened in the Council the Vail Municipal Building at 7:4Q pm on Tuesday, February 14, Mayor Rod Slifer and the following Councilmembers were present: Paula Palmateer John Donovan Tom Steinberg Bill Wi1to Councilmembe,r?°Bill Heimbacb was absent. Others present included: Terry Minger, Town Manager Larry Rader, Town Attorney ~ayor Slifer opened the meeting by explaining the purpose of the special meeting was to hear protests and comments regarding the proposed implementation of the Mall Act, Resolution No. 2, Series of 1978, establishing pedestrian ma11s within the Town of Vail. ~e then introduced Town Attorney, Larry Rider, who explained that this meet- ing was set as a continuance of the December 20, 1977 meeting. Mr. Rider then explained that there were three major steps in the process of estab- lishing the pedestrian malls. First step was to publish notice of intent. Second setp was to past the area intended to be included in the mall system, and ~old'a~public hearing for comment and protest. The third step will then be to hold ~~~~ublic meeting o'f April 4, 1978 to hear claims. He then in- troduced A11~n Gerstenberger, Director of Community Development, who out- lined the mall area, using a map to indicate the areas effected by the proposed mall. Mr. Rider reinterated that the proposed area did not differ either in size or in use from that which now existed as a pedestrian mall. He then asked for questions and comment from the public regarding the mapped area. There was none. Mr. Rider continued to explain the provisions of of Resolution No. 2, Series of 1978, on a section, by section, basis. He then stated, for the record that there was 1 official protest filed to this date. Mayor Slifer then asked for comments and protests regarding the proposed implementation of the Mall Act. Mr. Thomas Hogan, on behalf of the Plaza Lodge, stated'';.~hat a claim and protest had been filed that afternoon on be- ~a1f of the Plaza. Mr. Rider acknowledged that the claim and protest had ~n fact been received that day. He pointed out that Resolution No. 2, Series of 1978 could be amended to reflect that 2 protests had been received. Mayor Slifer then, for the record, introduced and .read Resolution No. 2, Series of 1978. Attorney Dick Hart expressed concern for those businesses who front on Wall Street in the proposed Mall area aski~ig if commercial access would be impeded for those businesses who do not front on a regular street. Mr. Rider stated that there would be no change in the situation that currently exists and adds that the loading zone would remain the same as it is now. Councilmember Donovan moved to adopt Resolution No. 2, Series of 1978, with the amended number of protests received being 2 instead of 1. Councilmember Steinberg seconded the motion, all present voted in favor and the motion passed. Mayor Slifer advised the public that the Council had reached tenative agree- ment with Vail Associates regarding the purchase of the Gondola T plaza site and that details would be discussed at next week's regular meeting of the Council: MTNUTES SPECIAL MEETING VAIL TOWN COUNCIL ~4 FEBRUARY ].978 PAGE TWO There being na further business for this special meeting, Councilmember Donovan moved to adjourn. Councilmember Steinberg seconded the motion; all present voted in favor and the motion passed. The meeting adjourned at 8:05 pm. ATTEST; • ~~2~/., Lam, /~;i / '~ ~!A'YOR ~ TOWN CLERK ~, .. MINUTES VAIL TOWN COUNCIL REGULAR MEETING 21 FEBRUARY 1978 The regular meeting of the Vail Town Council was convened in the Council Chambers of the Vail Municipal Building at 7:30 P.M. on Tuesday, February 21, 1978. Mayor Rod Slifer and the following Cauncilmembers were present: Paula Palmateer Tom Steinberg Bill Heimbach Bill Wilto Bob Ruder John Donovan Others present included: Terry Minger, Town Manager Larry Rider, Town Attorney ORDINANCE NO. 3, Series of 1978, imposing a.Land Transfer Tax, was introduced on second reading. f•Zayor Slifer read the title of the ordinance into the official record: "An Ordinance Imposing a Land Transfer Tax upon the Transfer of Interests in Real Pro- perty; Earmarking the Proceeds Therefrom for the Purchase of Real Property to be used for Open Space, Recreational ar I?ark Purposes, or Employee Housing; Requiring the Collection of such Tax by the Town Manager or his Agents; Exempting Certain Transactions from the Tax Imposed; Establishing Procedures for Acquiring a Certifi- cate of Exemption; Establishing a Land Acquisition Advisory Com- mittee; Establishing Penalties for Violations of this Ordinance; Creation of a Lien of the Property Transferred for the Amount of the Tax Unpaid; Submitting this Ordinance to the Qualified Electors o~ the Town; and Setting Forth Details in Relation to the Fore- going". He then asked if all Cauncilmembers had read the ordinance, and all had. I-Ie stated that the Tax would go to a public vote on Tuesday, April 4, 1978, and would become effective immediately upon certification of the votes, if a'„majority of voters vote in favor of it. Councilman Donovan then moved to approve the ordi- nance on second reading; Councilman Heimbach seconded the motion; all present voted in favor; and the nation carried. The Town Clerk was instructed to have the ordinance published by title only, ORDINANCE N0. 4, Series of 1978, rezoning Lot 2, Block 2, Vail Village Twelfth Filing, was introduced on second reading. Mayor Slifer asked if all Councilmembers had read the ordinance; all had; and there was no discussion. Councilman Heimbach moved to approve the ordinance on second reading; Councilman Wi1to seconded the motion; all present voted in favor; and the motion carried. The Tawn Clerk was instructed to have the ordinance published by title only. ORDINANCE NO. 5, Series of 1978, making a supplemental appropria- tion in the amount of $10,000 for Colorado Mountain College, was introduced on first reading. Mayor Slifer explained that the appropriation was to fund the 1978 SummerVail Workshop. Stan Bernstein stated that he had reviewed the CMC budget as requested at the last regular meeting of the Council. Councilman Donovan stated that he viewed the appropriation as a one-time occurrence, the other members of the Council agreed, as did Randy Milhoan of _~ CMC. Councilman Donavan then moved to approve the ordinance on first reading; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. MINUTES TOWN COUNCIL/FEBRUARY 21, 1978 Page 2 • ORDINANCE NO. 6, Series of 1978, correcting a typographical error in Ordinance No. 2, Series of 1978, was introduced on first reading. Diana Toughill explained that Qrdinance No. 2 had rezoned the South l/2 of Lot 1, Block 3, Bighorn Third Addition, from MDMF to A, and that the legal descr.ip.tion should have read the South 1/2 of Lot 1, Block 8, Bighorn Third Addition. Councilman Donovan moved to approve the ordinance on first reading; Councilman Steinberg seconded the motion; all present voted in favor; and the motion carried, The Town Clerk was instructed to have the ordinance published in full. The persons involved in items 5, 6, and 7 on the agenda had not yet arrived, therefore the Council moved down to item 8 -- The Printery's request far an amendment to its conditional use permit to allow Swede's Sign Shop, an existing use in the building. Diana Toughill explained that the real estate office which had originally requested an amendment to the conditional . use permit had withdrawn its request, but that an amendment was required for the existing sign shop. She added that the Planning Commission had recommended approval unanimously. Councilwoman Palmateer moved to approve the request; Councilman . Steinberg seconded the motion; all present voted in favor; and the motion carried. With regard to the'100-year flood plain amending the comprehen- sive plan, Ms. Toughill explained that two nera bridges in the Bighorn area had altered the flood plain and that Hydro-Triad had re-mapped the area, which map now needed to be incorporated into the comprehensive plan as an amendment. Councilman Donovan moved to amend the comprehensive plan by the additi_an of the Hydro-Triad map dated January I2, 1978, which amends the original map dated May, 1975; Councilman Steinberg seconded the motion; all present voted in favor;:and the motion carried. Councilman Wilto requested that a letter be sent to the Public Utilities Company and Mountain Bell requesting the removal of certain cables in the Bighorn area which could cause flooding of Gore Creek if debris were to collect. Kent Rose agreed to send the appropriate letters. A short recess was called at 8:25 P.M. pending the arrival of Chuck Thomas, Vail Associates, and representatives of the Landmark Building. The meeting was reconvened at 8:35 P.M. With regard to the Thomas Residence request for setback and distance-between-buildings . variances, Ms. Toughill explained that the request was for a 3.5 foot setback variance and 15 feet betr,.Jeen buildings. She added that the Planning Commission had unanimously recommended approval. Chuck Thomas presented a letter of approval signed by neighbors on each side of his lot. Councilman Wilto moved to approve the requests; Councilman Steinberg seconded the motion; all present voted in favor; and the motion carried. Representatives from Vail Associates had not yet arrived, therefore the Council moved to the Landmark Building request for setback and parking variances. Jay Peterson, attorney for Landmark, read two letters from developer Jeff Selby to tenant Tom Mattio, into the record (attached). Mr. Mattio's attorney requested a few minutes recess in order far his client to further consider Mr. Selby's offers of compromise. The Council refused to grant any further time, and Mr. Mattio then agreed to P!~r. Selby's terms. Larry Rider referred to the December 13, 1977, memo from the Department of Community Development to the Planning Corrsnission, in reminding -~ the Council of what it must consider in granting or not granting the variances. He stated that according to the Zoning Code, the Council must consider: 1. the relationship of the requested var- iances to other existing or potential uses and structures in the MINUTES VAIL TOWN COUNCIL/FEBRUARY 21, 1978 Page 3 • vicinity; 2. the degree to which relief from the strict or literal interpretation and enforcement of a specified regula- tion is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this ordinance without grant of special privilege; and 3. the effect of the .requested variance on light and air, dis- tribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Mr. Rider added that the Council is required to consider the public wel- fare, not just the welfare of a particular tenant. Councilman Heimbach moved to approve the request for setback variance, incorporating the guidelines of the December 13, 1377 memo and incorporating a comprehensive sign program; Councilman Wilto seconded the motion; the motion carried with a vote of 6-~l with Councilman Donovan voting against the motion. With regard to the Landmark's request for a parking variance for 26 cars, Mr. Peterson volunteered a sum of money, to be established by . the Town Council, to be placed in an escrow fund by his client for funding of future parking in lieu of the 26 spaces required by the Zoning Ordinance. Mr. Selby stated that the present green space was more desirable than an additional 26 parking spaces which, he felt, were not necessary anyway. Councilwoman Palmateer moved to approve the request for a parking variance on the condition that $1,000 per parking space go into an escrow fund to build future parking or to be used for a parting study; Councilman Ruder seconded the motion; and the motion carried with a vote of 6-1, with Councilman Heimbach voting against the motion. With regard to the appeal of an administrative decision regarding Gondola T by the Plaza Lodge, Mr. Rider stated that Charles McDermott, counsel for the Plaza Lodge, had requested that the appeal be indefinitely tabled, pending an agreement between Vail Associates, Tnc. and the Town of Vail far the purchase of the Gondola I site. Mr. Slifer announced that after the Councilts vote not to purchase Gondola I on February 7, 1978, the Council had met once again with representatives of Vail Associates and had reached a tentative purchase agreement. He stated the terms of the new agreement: 1. VAI would sell the .site tv the Town of Vail at the original purchase price of $400,000; 2. an anon- ymous donor would donate $100,000 toward either the landscaping of the area or toward the purchase price; 3. VAI would deed five acres of stream tract to the Town of Vail; and 4. VAZ would deed the LionsHead malls to the Town and pay $150,000 toward their future maintenance as well as heating the malls for the newt ten years. There was no further discussion, and Councilman Donavan moved to proceed.with the purchase agreement on the terms outlined above; Cauncilrnan Wilto seconded the motion; all present voted a~n favor; and the motion carried. CITIZEN PARTICIPATION The owner of Cabbages and Kings, located on the LionsHead Mall, complained about solicitors selling time-sharing in the Sunbird Lodge who were operating from the mall area. Chief of Police Gary Wall stated that Vail Associates had been contacted and that they had asked the solicitors to stop. He agreed to follow up on the situation. With no further business, the meeting was adjourned at 9:40 P.M. .~ ayo`Y` ~ ATTEST: 0 Town Clerk ~/ .E a° MINUTES VAIL TOWN COUNCIL REGULAR MELTING 7 MARCM, 1978 The regular meeting of the Vail Town Council was convened in the Council Chambers of the Vail Municipal Building at 7:40 pm, on Tuesday, March 7, 1978. Mayor Rod Slifer and the following Councilmembers were present: Paula Palmateer Tam Steinberg John Donovan Robert Ruder Wi 11 i am Wi 1 to William Heimbach Also present were: • Deputy Town Manager Stan Bernstein and Town Attorney Larry Rider Ordinance No. 5, Series of 197$,.making a supplemental appropriation in the of $10,000 for Colorado Mountain College was introduced on second reading. being na discussion or questions, Councilmember Donovan moved to approve the ordinance; Councilmember Palmateer seconded the motion; all present voted favor and the .motion passed. The ordinance will be pub]ished by title only. amount There in Ordinance No. 6, Series of 1978, correcting a typographical error in Ordinance #2, Series of 1978, was introduced on second reading. There being no discussion or questions, Councilmember Ruder moved to approve the ordinance; Councilmember Wilto seconded the motion; all present voted in favor; and the motion passed. The ordinance will be published by title only. Ordinance No. 7, Series of 1978, adopting and amending the 1976 edition of the Uniform Building Code was introduced on first reading by Mayor Slifer. Zoning Administrator Diana Toughill then explained that the amendments were made to allow for special Town of Vail requirements. There was a brief and general discussion regarding how the cast per square feet figure was determined. There being no further questions or disuussion, Mayor Slifer asked for a motion. Council- member lieimbach moved to approve Ordinance #7, Series of 1978 on first reading; Councilmember Donovan seconded the motion; all present voted in favor and the motion passed. The ordinance will be published in full. Ordinance No. 8, Series of 1978, amending Title 6 of the Vail Municipal Code relating to dogs on public property, was introduced on first reading by Mayor Slifer. The Mayor then introduced Pat Dodson, Town of Vail Recreation Director, who explained • for the Council and public the reasons for..the suggested amendments and the need for control of dogs in public acti.+~ity areas. Councilmember Palmateer asked for clari- fication of the term "unattended". Pat Dodson replied that an "attended" dog was one that was kept side-by-side with the owner. Lou Parker asked why the leash law could not be extended to cover the entire Town of Vail. Councilmember Steinberg agreed that there was need for that. Jay Peterson stated that responsible dog owners do not need more laws. There was a brief, general discussion regarding the need for greater dog control and enforcement of regulations. Section 1, paragraph 8, i tei~~ #3 was amended to read "The athteti c field and- pul~Ti c arias immediately surrounding the soccer field." There being no further disuussion, Councilmember Donovan moved to approve Ordinance #$, Series of 7978 on first reading; Council- member Ruder seconded the motion; all present voted in favor; and the motion passed. The ordinance will be published in full. Ordinance No. 9, Series of 1978, an emergency ordinance amending Section 8.24.080 of the Vail Municipal Code relating to ice and snow overhangs, was introduced and read as an emergency ordinance. There was a brief disucssion regarding the overall problem of ice and snow overhangs and Mayor Slifer called for a motion. Councilmember Wilto ~~ moved to approve Ordinance #9, Series of 1978 as an emergency ordinance; Councilmember Ruder seconded the motion; a1i present voted in favor and the motion passed. The ordinance will be published once in full. MINUTES VAIL TOWN COUNCIL 7 March, 1978 PAGE TWO Regarding the Village Center request for an amendment to landscape plan, Mayor Slifer introduced Attorney Jay Peterson who explained that the landscaping.plan was now tied into the parking variances far the Village Center complex and therefore, the amendments needed Council approval. We further explained that the parking variance would not be effected by the amendments to the landscaping plan. He pointed out that Town of Vail landscape consultant Eldon Beck approved the plan and that the Planning Commission had recommended approval in a 6 to 1 vote. Councilmember Steinberg then moved to approve the amendments to the landscape plan subject to receipt of a letter of approval from both Village Center Condominium Associations; Councilmember Wilto seconded the motion; all present voted in favor; and the motion passed. RegardinC, the request far rezoning:fr~or~ P.C to LDMF of Lois 1~~ 5, a resubdivisian of Block C, Lions Ridge Filing No. 1, Mayor Slifer introduced Diana Toughill who in turn introduced Mr. Ran Landek representing the applicant, Mr. Tony Seibert, and his architect, who briefly reviewed the proposed project for the Gouncil and Public. Mr. Landek explained that the proposal was to construct 17$ units on lO acres of . land, which would include 84 employee housing units to be controlled by the Town of Vail, and 94 Condominium units. There was a brief discussion regarding management of the employee units, and the applicant indicated that this was not a formal request for approval and that the planning commission has not yet made any recommendations. The applicant then asked for direction from the Council and Mayor Slifer stated that he should be advised to go completely through the planning commission process. There was a general discussion between. the applicant and the Council regarding costs, and density figures. Consensus of Council was that although they would like to see some employee housing, that more exact figures, detail information and planning commission recommendations would be needed. Eldon Beck suggested that the applicant return for the next meeting with a block model along with realistic figures and casts to go along with it. The Mayor then reinterated that the applicant should take the project to the planning commission. There was a five minute break in the meeting. When the meeting reconvened, the next item on the agenda was the ABC School request for lease of property. Administrative Assistant Bob Manzanares explained that the ABC School had proposed to lease a portion of the Mountain Bell Site on which to conduct a pre-school program. Mayor Slifer stated that the Council had met with the ABC School board and had tenatively agreed to enter into an agreement with them. He further stated that the public response, at least from parents, seemed to be very much in favor of the proposal. There was a general discussion among the Council, and the Public regarding the possibilities far other applicants, situation of the building on the site, parking, traffic and safety. Caunc_ilmember Wilto then reminded - --- the group that the ABC School serve~'c~down valley parents and children, as well as Town of Vail residents, however, at some future time, access to the school may be limited to Town of Vail residents only. Mayor Slifer then asked for a motion. Councilmember Donovan moved to approve the lease agreement and direct Town Manager Terry Minger to effect the lease with ABC School; Councilmember Steinberg seconded the motion; a17 present voted in favor and the motion passed. Regarding the request for additional funding from Vail Resort Association, no one was present in the audience to speak for the request, so Councilmember Palmateer moved to table the request for the next regular meeting of the Town Council to allow members of the Summer Marketing Committee to be in attendance; Councilmember Donovan seconded the motion; all present voted in favor and the motion passed. Regarding the appointment of two members of the Vail Planning Commission, The Council, in secret ballot selected Roger Ti7kemeier and Gerry White to serve four year terms. The applicants were: Bette Renz, Dean Norris, Dennis Klein, David Nelson, Dudley Abbott, Roger Tilkemeier, Donald Griffith and Gerry White. . The next item for Council attention was the appointment of Clerks and Judges for the Special Municipal Election to be held April 4, 1978, regarding the question of a Land Transfer Tax. Appointed as Clerks were: Jill Beckwith and Sue Wa11. Judges ~~ appointed were: Dorothy Bachrach, Kathy Rossi and Dianne Hagen. Councilmember Heimbach moved to appoint clerks and judges as outlined; Councilmember Donovan seconded the motion, ail present voted in favor and the motion carried. MTNUTES UATL TOWN COLlNCTL 7 March 1978 PAGE THREE The Final item on the Council agenda was the presentation and film regarding ~--- the proposal for the Red Zinger Bicycle Classic. Mr. Mark King explained the program and the advantages of having the bicycle race stop over in a community. There was a brief discussion regarding the request from Red Zinger for a $5,000 contribution for out-of-packet expenses to bring the race through Vail. Council- member Heimbach moved to .approve the $5,000 contribution; Councilmember Donovan seconded the motion; all present voted in favor and the motion passed. Stan Bernstein was instructed to prepare a supplemental appropriation for the next meeting and Kath Nugent of the Vail Resort Association was designated as the over- all coordinator of the event for the community. Deputy Town Manager Stan Bernstein presented an update for the Public and Council regarding the Dobson Arena. He announced that the Ground breaking ceremonies for the new addition will take place on April 1st at 12 noon and invited the public to attend. He then stated that the covering of the arena was expected to be ready for use by Thanksgiving. An additional $150.,000 will be needed to complete the project due to special considerations of the roof design and accoustical needs in order to insure the multi-use capabilities of the arena. Planning Commission • member Sandra Mills asked if the parking questions for the arena had been resolved. Mayor Slifer replied that solutions were still being worked on and that Pat Dodson would be making a presentation to the Planning Commission in the near future. Citizen participation was.then called for and a petition was presented to the Council by vail citizens who wish to see the priority fora municipal swimming pool become more important. Mayor Slifer accepted the petition containing 332 names and informed the interested citizens that Ford park was probably not the site far a municipal pool, but that the Council will try to schedule planning for a pool in the future development plans for other sites. There being na further business for the council, Councilmember Donovan moved to adjourn the meeting. Councilmember Steinberg seconded the motion. All present voted in favor and the meeting adjourned at 10:30 pm. 4 Mayo"r l v ATTEST: W/ /L~~ TOWN ER MINTUES VAIL TOWN COUNCIL REGULAR MEETING 21 MARCH, 1978 The regular meeting of the Vail Town Council was convened in the Council Chambers of the Vail Municipal Building at 7:40 p.m. on Tuesday, March 21, 1978. Mayor Rod Slifer and the following Counciimembers were present: Paula Palmateer John Donovan Tom Steinberg William Heimbach Robert Ruder William Wilto Also present were: Town Manager Terry Minger and Tawn Attorney Larry Rider. ~ Minutes from the regular meetings of the Town Council on February 7th and 21st were read and approved. The minutes from the special meeting of the Town Council on February 14th were approved. Ordinance #7, Series of 1978, adopting and amending the 1976 edition of the Uniform Building Code was introduced on second reading. Mayor Slifer introduced Allen Gerstenberger, Department of Community Development, who pointed out that there existed an error on page two of the ordinance regarding the fees for buildings over $500,000 in value. Bi11 Pierce, a local architect, suggested that a change be made in the section relating to standpipes and recommended the council make the corrections. Councilmember Heimbach then moved to approve Ordinance No. 7, Series of 7978, with the corrections and changes; Councilmember Steinberg seconded the motion; all present voted in favor and the motion passed. Ordinance #8, Series of 1978, amending Title 6 of the Vail Municipal Code relating to dogs on public property, was introduced on second reading with the changes which were made following first reading. There was a brief discussion regarding the need for increased foot patrol in the core area.Fir.e.Chief Swanson agreed that there was need and committed to solve the problem. Councilmember Donavan moved to approve Ordinance No 8, Series of 1978 with .the amendments; Councilmember Palmateer seconded the motion; all present voted in favor and the motion passed. Ordinance No. 10, Series of 1978, repealing and reenacting Chapter 2.24 of the Vail Municipal Code relating to an Environmental and Planning Commission was introduced of first reading. There was a brief discussion regarding the duties and respon- sibilities of the Commission. Councilmember Steinberg moved to approve Ordinance #10; Councilmember Ruder seconded the motion; all present voted in favor and the motion passed. The ordinance will be published in full. • Ordinance No. 11, Series of 1978, making a supplemental appropriation for the ABC School, property damage and liability insurance, the Town Prosecutor, and the Red Zinger Bicycle Classic, was introduced on first reading. Bob Manzanares explained for the public and council the items included in the supplemental appropriation. There being no further discussion, Councilmember Steinberg moved to approve Ordinance No. 11, Councilmember Donovan seconded the motion; all present voted in favor and the motion passed. Ordinance No. 11 will be published in full. Resolution No. 3, Series of 1978, establishing a public/private joint venture program, was introduced far consideration. Mayor Slifer explained the program being one to encourage joint beautification programs between the private sector and the Town of Vail. There was a brief discussion regarding who would be responsible for maintainence of the areas so beautified. Larry Rider stated that the owner would be responsible for continuing maintainence. Councilmember Donavan asked that paragraph three regarding ownership of property be amended to read "public or private property" rather than just "private" property. He then moved to approve the resolution with that change. Council- - member Steinberg seconded the motion; all present voted in favor and the motion passed. Resolution No. 4, Series of 1978, authorizing the purchase of the "King Arthur's Court" property, was introduced for consideration. Terry Minger explained that the Town of Vail had negotiated the purchase of the property and clarified that this piece of property was the creekside portion of the site, excluding the site of the existing foundations. Diana Toughill painted out that the foundations should be removed Within MINUTES VAIL TOWN COUNCIL 2l March, 1978 PAGE TWO the next 60 days. Councilmember Wilto then moved to approve Resolution No, 4, Councilmember Steinberg seconded the motion; a71 present voted in favor and the motion passed. Regarding the scheduled discussion of a proposed rezoning of Lots 1-5, a re- subdivision of Block C, Lions Ridge Filing No.l, from RC to MDMF, Mayor Slifer introduced Mr. Tony Seibert who presented a revised proposal for the project. He reinterated that his overall goal was to 'develop housing units for employees in conjunction with his proposed development of a condominium complex on the site. He presented new drawings and a scale model for examination by Council and the public. There was a general discussion regarding the revisions in the proposal and the new costing breakdown, in terms of unit costs to build, rentals, densities, landscaping, relationships to other complexes in the area, traffic patterns, etc. The applicant stated that given the kind of questions arising, that he thought maybe it was not feasible fora private developer to build employee housing and that there may be too many unknown factors at this time. The consensus of the Council was to post- pone any further discussion until the project had been before the Planning Commission. • Mayor Slifer summarized the status of the proposed project by saying that the Council would withhold any recommendations until there had been more study of the overall problem and stated that the Council would be meeting in joint session with the Planning commission next week to being that study. ~, Regarding a discussion of the Vail Resort Association summer marketing program and the request for additional funding, John Horan-Kates outlined the proposed program and stated that the need for additional funds was critical to adequately promote the summer programs and begin to build business for the new Dobson arena. His request was for $25,000 in additional funds. There was a general discussion regarding the timing for promotion of the arena and how the funds were to be expended. Town Manager Terry Minger cautioned the council about dispensing funds that were unbudgeted and stated that some projects will have to be cut to come up with any additional funds that council allocates to new requests. Mayor Slifer stated that the Council should be aware of that while considering this request. There being no further discussion, Councilmember Donovan moved to appropriate the funds for VRA summer marketing program; Councilmember Palmateer seconded the motion; Those voting in favor of the motion were: Council- members Palmateer, Donovan, Heimbach, Ruder, and Wilto. Councilmember Steinberg voted against the motion. The motion carried by a majority vote. Regarding the request from Vail Associates, Inc. for a conditional use permit to allow a real estate office on the first floor in CCII at the Gondola II building, Mayor Slifer introduced Mr. Bob Nott, from VR, who, with Zoning Administrator, Diana Toughill, ex- plained the plans using a map showing the plans. Planning Commission had recommended approval of the permit. Councilmember Steinberg suggested that the conditional use permit be issued to Vail Associates only for the real estate office and for no other use. Councilmember Heimbach moved to approve the granting of the permit, Councilmember Wilto seconded the motion; a71 present voted in favor and the motion passed. Mayor Slifer then introduced the next item for discussion; a proposal from Johnathan Falk and Steve Cadwell regarding the establishment of a complaint center for visitors and locals and the reinstatement of the horse drawn carriages. There was general discussion regarding both proposals. The consensus of the Council regarding the proposed complaint centers was that the Town of Vail should not be financially involved with their establishment or operation. The consensus of the Council regarding the request far reinstatement of the horse drawn wagon operated by Steve Cadwell was that the Council did not want Mr. Cadwell to operate the service. Mr. Falk requested that Council consider him as an operator of horse drawn carriages. Council agreed to consider any proposal properly submitted to the Town regarding that when ever Mr. Falk was ready to provide a complete and adequately capitalized proposal. The Council then considered the appointment of members to the Building Code Board of Appeals. The applicant was Byron Williamson. Councilmember Steinberg moved to approve Mr. Williamson; Councilmember Donovan seconded the motion; a71 present voted in favor. Mr. Williamson was appointed to the Board. The next matter for hearing was a report from Town Attorney Larry Rider regarding the status of the zoning violation of the Sheppard house on Forest. Road in the Town of Vail. • MINUTES , VAIL TOWN COUNCIL 21 March, 1978 PAGE THREE Mr. Rider asked for a motion and approval far the Town of Vail legal department to seek injunctive relief from Mr. Shephard. There was a brief discussion regarding the history of the violation and Councilmember Heimbach moved to grant approval; Councilmember Donovan seconded the motion; all present voted in favor and the motion passed. Councilmember Donovan requested to see an update on the Gondola I building plans when the Council meets jointly with the Planning Commission next week. There being no further business for the Council's attention, Councilmember Donovan moved to adjourn the meeting; Councilmember Ruder seconded the motion; all present voted in favor and the meeting adjourned at 10:30 p.m. w MAYOR / ~ ATTEST: /~`~ TOWN Cl. K LJ r w MINUTES REGULAR MEETTNG VAIL TOWN COUNCIL 4 APRIL, 1.978 The Vail Town Council convened for its regular meeting at 7:30 P.M. on Tuesday, April 4, 1978 in the Council Chambers of the Vail Municipal Building Present were, Mayor Rodney Slifer and the following Counci1members: Paula Palmateer Tom Steinberg BiII Heimbach Bill Wilto Bob Ruder Also present were Town Manager Terry Minger-and Town Attorney Larry Rider, The first matter of business for the Council was the reading and approval of the minutes of the Council meetings of March 7 and March 21, 1978. A11 Councilmembers having read the minutes, Mayor Slifer asked for a motion to approve and adopt the minutes as a part of the permanent record of the Town of Vail. Councilmember Steinberg moved to approve the minutes; Councilmember Palmateer seconded the motion. A11 present voted in favor and the motion ; passed. Mayor Slifer introduced Ordinance No. 70, Series of 1978, repeating and reenacting Chapter 2.24 of the Vail Municipal Code relating to an Environmental and Planning Commission, on second reading. The Mayor introduced Allen Gerstenberger who explained the purpose of the ordinance and the changes it would make in the code and clarified the responsibilities of the planning commission with its new name being "Planning ar~d Environmental Commission". There being no discusssion, Mayor Slifer called for a motion, Councilmember Steinberg moved to approve the ordinance on second reading; Councilmember Palmateer seconded the motion; all present voted in favor and the motion passed. The Mayor introduced Ordinance No. ll, Series of 1978, making a supplemental appropriation for the ABC School, property damage and liability insurance, Town Prosecutor and the Red Zinger Bicycle Classic. Finance Director Stan Bernstein explained the purpose of the appropriation in each case. Councilmember Ruder moved to approve the ordinance, Councilmembe Palmateer seconded the motion; all present voted in favor and the Ordinance was approved on second reading. ___ _ _.__ ____ Mayor Slifer then introduced Ordinances # 12 and 13, series of 1978, and stated that Town Attorney Larry-..Rider had requested that both ordinances be tabled on first reading until the meeting of April 18th. Councilmember Steinberg moved to table Ordinances #l2 and 13 until. the meeting of April 18th; Councilmember Wilto.seconded the motion; all present voted in favor and the motion passed. Resolution No. 5, Series of 1978 was introduced by Mayor Slifer who explained that the Resolution was expressing support of a Tri-County television channel. It was explained that a group from Glenwood Springs represented by Michael Conbizer had planned to form a 3-County area television operation for local origination programming and wished the support fo the Town of Vail. There was a brief discussion regarding the plans and possi- bilities and concern expressed by the Council regarding the reaction of Mr. Frank Thompson from Vail Cable TV, who was out of the city, and could not be contacted regarding his response to such support for the program. Councilmember Heimbach moved to approve the Resolution pending approval of the project by Mr. Thompson. Councilmember Steinberg seconded the motion; all present voted in favor and the motion passed. The next matter for Council consideration was the request from the Tawn of Vail for a conditional use permit to erect a multi-purpose arena on Lot 5, Block 2, Resubdivision of Lot 1, Block 1, Vail Lionshead 2nd Filing (John A. Dobson Arena). Mayor Slifer introduced Diana Toughi1l who explained the need for the use permit and stated that the planning .. commission had recommended unanimously for approval. Councilmember Palmateer asked what had been done to solve the parking problems. Ms. Toughil7 stated that the Planning Commission was satisfied with the current parking plan which involved an agreement with Vail Associates and the Town of Vail on a temporary basis for parking. The Town of Uail has committed to complete a parking plan by fall. There being no further discussion, Councilmember Heimbach moved to approve the conditional use permit for Dobson Arena; Councilmember Ruder seconded the motion; all present voted in favor and the motion passed. i MINUTES UAIL TOWN COUNCIL REGULAR MEETING page two APRIL 4, 1978 Mayor Slifer then introduced Dave Gorsuch and presented Mr. Gorsuch with the Town of Vail Service Award far the Vail Punning Commission from 7972-73. Following the presentation to Mr. Gorsuch, the Mayor introduced a group of environmentalists who made a presentation, including a sound/slide program, expressing opposition to the CF&I quarry which is being proposed in the flat-tops wilderness area. The group then asked for support in opposition to the quarry from Council in the farm of a resolution. Mayor Slifer directed Town Attorney tarry Rider to draft such a resolution for the next meeting. At this time in the meeting, the judges of the Real Estate Transfer Tax Election made public the results of the election held that day. In Favor of the Tax b9 votes. Opposed to the Tax 101 votes. Total votes cast, 170. The Transfer Tax question was defeated. There was a brief recess of the meeting. The meeting reconvened as a public hearing on Ordinance No. 14, Series of 1978, establishing pedestrian malls within the Town of Vail. Mayor Slifer introduced the ordinance on first reading and turned the proceedings over to Larry Rider who explained the purpose of the public meeting to hear. claims regarding implementation of the mall act. He went on to explain.that a total of 18 claims had been filed through tonight`s meeting and that seven of these claims were represented by the same attorney who had ask that hearing on these seven c aims be postponed. This left three other claims, one of which had also requested postponement. The two remaining claims were from the Talisman and Pepi Gramshammer. Mr. Rider explained the special circumstances regarding the Talisman claim having to do with access and the fact that an easement was not yet in writing. He stated that the Town of Vail had reached a tentative agreement and would work with Vailcor to get an easement or to allow a drive through the pedestrian core for access. The proposed settlement has been included in the ordinance presented tonight in paragraph #9. Regarding the Ciaim of Pepi Gramshammer, Mr. Rider explained that the claim requested a sign at Checkpoint Charlie stating that the Gramshammer is located beyond that point. Mr. Rider then recommended that the Council postpone hearing on the claims requesting postponement, and approval of the Talisman settlement. Councilmember Heimbach moved to postpone the claims as outlined; Councilmember Steinberg seconded the motion; all present voted in favor and the motion passed. Regarding the approval of settlement listed in Paragraph #9 of Ordinance #14, Series of 1978, Councilmember Pal mateer moved to approve the settlement for Talisman; Councilmember Wilto seconded the motion; all present voted in favor and the motion passed.' Mr. Gramshammer then requested that a sign be placed at Checkpoint Charlie designating all the lodges located in the Core. Allen Gerstenberger explained that the Town of Vail had embarked on planning for a total signage program as a capitol improvements project which would be designed by a consultant. Mayor Slifer requested that the program be speeded up toward implementation before August. Mr. Gerstenberger stated that perhaps a test program could be implemented for the Summer on a trial basis. There being no further discussion on Ordinance #l4, Series of 1978, Councilmember Steinberg moved to approve the ordinance on first reading; Councilmember Ruder seconded the motion; all present voted in favor and the motion: passed. Town Manager Terrell J. Minger reported that since the early snomelt and light frost year had created ground conditions different from other years, that the Council might wish to consider making exceptions to the April 15th restriction date for issuance of excavation permits. Suggested that if the situation is deemed not to be a hazard, that earlier permits might be issued this year. Councilmember Heimbach moved to allow the Bud ding Department to issue street cuts contrary to the established date of Aprii 15th which appears in the ordinance, for this season only. Councilmember Steinberg seconded the motion; all present voted in favor and the motion passed. Mr. Minger then introduced the new building official for the Town of Vail, Mr. Mark Marches. Councilmember Palmateer, in keeping with the adopted building code, moved to approve the appointment of Mr. Marches; Councilmember Ruder seconded the motion, a17 present voted in favor and the. motion passed. MINUTES VAIL TaWN. COUNCIL REGULAR MEETING APRIL 4, 1978 page three Mr. Minger continued with a report of the cleanup plans of the Public Works Department. Councilmembers Palmateer and Wilto requested that we prompt Vail Associates to start a cleanup of Lionshead also. Regarding the Animal Control Officer, Mr. Minger stated for Council and public information, that responsibilities of the Animal Control Officer had been transferred to the Fire Department. The position will be filled by firefighters with the added responsibilities of dong control. Fire Chief Gordon Swanson added that he felt this arrangement would offer many benefits to the efforts to control the dog problems and stated that he felt the new program would result in more successful enforcement of the ordinances. He added that perhaps the council would consider more stringent fines as a means to ach:~ving greater cooperation from dog owners. Citizen Pepi Gramshammer stated that he would be happy to pay greater fines but does not wish to go to court. He requested that the council consider removing the court appearences from the requirements after dog arrests. Mayor Slifer then asked for a review of the entire dog control ordinance and requested for suggested changes to be presented an the meeting of April 18th. Dave Gorsuch asked that the Council consider some judgement in the matter asking that each case be considered an an individual basis. Mayor Slifer stated that it would be considered. Mr. Gramshammer then asked the Council to look into the matter of noise problem in the Core specifically related to Garton's bridge Street Saloon. Mayor Slifer stated that the Council and the Local Licensing Authority would do so. Gary Wall, Vail Police Chief then explained the problems faced in attempting to enforce the noise ordinance, and Mayor Slifer asked Town Attorney Larry Rider to investigate other noise ordinances to determine if our ordinance could be improved or strentghened. There being no further Councilmember Palmateer adjourned at 11:10 pm. business for the Council, Councilmember Wilto moved to adjourn; seconded the motion; all present voted in favor and the meeting i' ~~~~ MAYOR C ATTEST: -~ ~ ~=~~ '~ TOWN CLERK l MINUTES REGULAR MEETING VAIL TOWN COUNCIL 18 APRIL, 1978 The Vail Town Council convened for its regular meeting at 7:40 pm on Tuesday, April 18, 1978, in the Council Chambers of the Vail Municipal Building Mayor Rodney Slifer and the following Council Members were present: Jahn Donovan William Heimbach Paula Palmateer Thomas Steinberg William Wilto Also present-.were Town Manager Terrell J. Minger and Town Attorney Lawrence Rider, Mayor Slifer introduced Dennis Murphy, Environmental Health Officer for the Town of Vail, who explained that the State Health Department investigation team was in Vail to survey and conduct tests regarding the recent outbreak of intestinal disorders. He and members of the investigation team explained the process and asked for public cooperation in the investigation. Mayor Slifer then introduced Larry Rider, Town Attorney, who explained the propose of the public hearing on Ordinance No. 74, Series of 1978, establishing pedestrian malls within the Town of Vail, which was presented an second hearing at this meeting. He further explained that the Council would consider claims for damages from property owners on an individual basis and that the Council would vote on those claims independently. He then opened the floor to those present who wished to speak to the Council regarding claims. Mr. John Amato, an Attorney, representing A & D Enterprises, Inc., stated that he disagrees with the advice given to Council regarding whether or not the Council has any choice re- garding settlements. He stated that it was his belief that the complaintants would not be waiving any rights to raise claims in any subsequent hearings and stated that the mall act is prospective in nature. He further stated that the Town of Vail had been operating improperly in the mall question. He claimed that the Town of Vail has denied A & D the access rightfully theirs by appropriation of the easements. Since A & D's business depends on volume, that access is critical to business. He further stated that based an his formula, the denial of access had resulted in a decrease in anticipated increase of sales. He explained his formula to be that the projected rate of increase parallelled the percent of increase of the Town of Vail sales until the implementation of the closure of the streets. There was a brief discussion regarding other factors which may have been a part of less than anticipated increases in sales for A & D, such as more outlets in the Town of Vail and the Gore Valley. Larry Rider stated that the Council was not in a position to compromise, that the claims must be granted on an "ail or nothing" basis, and that was the decision to be made by Council. Mayor Slifer then asked fora vote on the claims individually. Councilmember Donovan moved to deny the claim presented Mi71 Creek Court Condominium Association. Councilmember Wilto seconded the motion. All present voted in favor, except Councilmember Steinberg who abstained. The motion passed. Councilmember Steinberg moved to deny the claim presented for Blanche C. Hi11. Councilmember Heimbach seconded the motion. Ail present voted in favor and the motion passed. Councilmember Donovan moved to deny the claim presented for A & D Enterprises, Inc. Council- member Wilto seconded the motion. A11 present voted in favor and the motion passed. _ _ - -- - - Councilmember Steinberg rnoved to deny the claim presented for Casino Partners, Inc. ~, Councilmember Heimbach seconded the motion. All present voted ~n.n favor and the motion passed. Councilmember Wi1to moved to deny the claim presented by Vail Group, Inc., Councilmember Steinberg seconded the motion. All present voted in favor and the motion passed. Mayor Slifer then read into the record the title of Ordinance # 14, Series of 1978. There was no further discussion and he called for a vote. Councilmember Palmateer moved to approve Ordinance No 14, Series of 1978, on second reading; Councilmember Donavan seconded the fi ;MINUTES REGULAR MEETING IA IL TOWN COUNCIL APRIL 18, 1978 page two motion; a17 present voted in favor and the motion passed, Larry Rider then stated that he would be happy to enter into further negotiations with John Amato if the Council so dbsired.. The Council directed Mr. Rider to do so. Mayor Slifer then introduced Ordinance No. 12, Series of 1978, amending Title 18 of the Vail Municipal Code with regard to hazard zones,, on first reading. He asked Diana Toughill, Town of VAiI Zoning Administrator to explain the purpose of the ordinance. Ms. Toughill, using maps and overhead projected drawings, explained the hazard zones which had been identified and the elements of the ordinance which pertain to those areas. There was a general discussion regarding the changes and revisions which would be made. Council suggested that perhaps first reading should be delayed until after the changes had been made. Councilmember Donovan moved to continue first reading of Ordinance #12, Series of 1978 until the May 2nd meeting of the Council; Councilmember Heimbach seconded the motion; all present voted in favor and the motion passed. Mayor Slifer introduced Ordinance No. 13, series of 1975, amending Title 18 of the Vail Municipal Code with regard to zoning in CCI. Councilmember Donovan moved to postpone the first reading of Ordinance No. 13 until the May 2nd meeting; Councilmember Steinberg seconded the motion; all present voted in favor the motion passed. Resolution #6, Series of 1978 was introduced by Mayor Slifer. He then asked Larry Rider to explain the Resolution. Mr. Rider covered the history of the walkway adjacent to the Norgren House and the existing pedestrian easement., There was a brief discussion and Councilmember Wilto moved to approve the Resolution, Councilmember Steinberg seconded the motion, all present voted in favor ahd the motion passed. Resolution #7, Series of 1978, was introduced by Mayor Slifer, He explained that at the previous Council Meeting a presentation had been made by those .opposed to the CF&I Quarry and that the group had requested a Resolution from the Town of Vail supporting that opposition. There was no discussion. Councilmember Steinberg moved to adopt the Resolution, Councilmember Wilto seconded the motion, all present voted in favor and the motion passed. Resolution #8, Series of 1978 was introduced by Mayor Slifer. He explained that this Resolution authorized the Town Manager to accept the dedication of the Lionshead malls. Dan Corcoran, Town of Vail Staff member, explained the area being dedicated to the Town by Vail Associates. There was na discussion. Councilmember Heimbach moved to adopt the Resolution; Councilmember Palmateer seconded the motion; all present voted in favor and the motion passed. Resolution No. 9, Series of 1978, temporarily amending the Development Plan of SDD6 (Vail Village Inn) was introduced by Mayor Slifer. Mr. Bill Ruoff, representing Josef Stauffier, the developer, explained that this amendment to the original development plan would allow for dressing for Building #5 (which houses several commercial operations including the Dairy Depot} There was a brief discussion regarding the modifications to be made in the building. Councilmember Steinberg moved to approve the Resolution; Councilmember Wilto seconded the motion; all present voted in favor and the motion passed. The Mayor then introduced Diana Toughill who.exp~ained the request from ABC School far a conditional use permit to allow a private school in an Agricultrual Zone. She stated that the Planning Commission had voted unanimously to approve the school to be placed on the site of the Mountain Bell Microwave building. Sandy Mills, a member of the planning commission pointed out that the school should be aware that this may be the future site of employee housing. Larry Rider stated that the annual review clause in the lease allows for this and that the School was aware of the possibility. Councilmember Donovan moved to grant the conditional use permit; Councilmember Steinberg seconded the motion; all present voted in favor and the motion passed. Next matter for consideration of the Council was the request from Thomas Weber for re- subdivision and variance from minimum lot size requirements for Lot ~, Vail Meadows, Filing No. 1. Mayor Slifer excused:hi.mself from the proceedings due to a conflict of interest. Mayor Pro Tem John Donovan introduced Diana Toughilll who explained the proposed project and the reason for the request. She pointed out that the Staff had recommended disapproval and that the planning commission had voted 4 to 1, with one abstaining, in favor of denial. The prospective buyer, Roger Hyatt, presented his reasons for the request. There was a general discussion regarding whether or not there might be other alternatives for solving the problem. Councilmember Wilto moved to continue the request pending an investigation of other alternatives to solve the problem; Councilmember Steinberg seconded the motion; all present voted in favor and the motion passed. d~II~NUTES REGULAR MEETING VAIL TOWN COUNCIL APRIL 18, 1978 page three The next matter for Council consideration was a request from Vail Guides, Inc. for amendment to the Printery Building conditional use permit to allow a business office. Mayor Slifer introduced Jim Rea who explained the need for the amendment, to allow his offices to exist in that building. There was a brief discussion regarding traffic and parking. The Council clarified that permission would be granted only for an office to exist and that no storage of vehicles could take place and that only one taxi could be present on the premises at any time. Councilmember Heimbach moved to approve the amendment; Councilmember Pa1mateer seconded the motion; all present voted in favor and the motion passed. There was a five minute break in the meeting. The meeting reconvened at 9:40 pm for a discussion regarding the proposed West Vail Incorporation. Mayor Slifer introduced Dick Gustafson and covered. the background leading up to the current discussions between the West Vail Community and -the Town of Vail. Dick Gustafson then explained the process of the West Vail Association in examination of the alternatives and their efforts to negotiate a merger with the Town of Vail. He stated the considerations to be 7} The districting of the new town area 2) The sales Tax Question and what effects there would be in the food area, and 3) The Banded Indebtedness: questions. He further explained the process of..the Association since the last meeting with Council and stated that the members of the Board of the West Vail Association had voted unaminously to incorporate and stated that he hopes a compromise could be made with the Town of Vail since both groups had a common goal for consbli.dation of the Valley. i There was a lengthy discussion regarding the bonded indebtedness legalities and the consideration of consolidation or merger and what would happen to the Home Rule Charter. Larry Rider stated that he believed there were too many obstacles for consolidation to be a viable alternative. The discussion continued covering questions regarding which items would be negotiable, what the voter qualifications would be, the trust of the community and valley residents for the Town Council and Town Staff, which alternatives would be fair and acceptable to all parties involved. Mr. Gustafson restated that he hopes the Council and the Association will be able to work toward a solution. Mayor Slifer thanked the group far coming and discussing the matter publicly and pledged to continue the negotiations with the Association. The next matter for Council consideration was the presentation to Council of citizen petitions requesting the continuance of the Bighorn and Sandstone bus service. Mayor Slifer accepted the petitions and stated that as soon as the revenues have been examined, a decision would be made regarding the service for the spring and summer months. There was a general discussion regarding what the alternatives might be. Councilmember Donovan requested Terry Minger to have Bob Manzanares put together figures for a limited nr commuter service and pledged to have an answer far the riders at the next meeting. There being no further business for the Council, Councilmember Donovan moved to adjourn; Councilmember Wi1to Seconded; All present voted in favor and the motion passed. The meeting adjourned at 10:50 p.m. . ~~ ! ~7 ,_ MAYOR l ATTEST: ~~, ~r.~ TOWN C RK .~ MINUTES VAIL TOWN COUNCIL REGULAR MEETING - 2 May, 1978 ~. The Vail Town Council convened for its regular meeting at 7:40 p.m. on Tuesday, May 2, 1978, in the Council Chambers of the Vail Municipal Building. Mayor Rodney Slifer and the following Councilmembers were present: William Heimbach Paula Palmateer William Wilto Robert Ruder Also present were Ueputy Town Manager, Stan Bernstein and Town Attorney Larry Rider. Mayor Slifer introduced Ordinance No. 12, Series of 1978, amending Title 18 of the Vail Municipal Code with regard to hazard areas, on first reading. There was a brief discussion regarding the purpose of the ordinance. Councilmember Wilto moved to approve the ordinance on first reading; Councilmember Palmateer seconded the motion; all present voted in favor and the motion passed. Ordinance No. 13, Series of 1978, amending Title 18 of the Vail Municipal Code with regard to zoning in CCI., was introduced by Mayor Slifer on first reading. There was a brief discussion regarding parking contracts and Mr. Ross Davis, an attorney asked what had been done with the outstanding contracts which had been signed by previous applicants. Town Attorney Larry Rider stated that no decision had been made and Mayor Slifer stated that a decision would be made as soon as possible. Councilmember Heimbach moved to approve the ordinance on first reading; Councilmember Wilto seconded the motion; all present voted in favor and the motion passed. Ordinance No. 15, Series of 1978, making a supplemental appropriation of $33,000 from the General Fund, was introduced by Mayor Slifer on First reading. Stanley Bernstein explained the items in the appropriation as being: $25,000 for VRA summer advertising; $3.000 for employee housing study; and $5,000 for teen center lease. Gouncilmember Palmateer moved to approve the appropriation; Gouncilmember Ruder seconded the motion and all present voted in favor. The motion passed. Resolution No. 10, Series of 1978, accepting the vacation and rededication of an easement, Vail/Lionshead, Fourth Filing, a resubdivision of part of Tract C and part of Lot 8, Block 1, Vail/Lionshead Third Filing, was read and introduced by Mayor Slifer. A11en Gerstenberger explained that the vacation and rededication of the easement was necessary to align with the easement change for the proposed Selby-Tofel Lionshead theatre. Councilmember Weimbach moved _~ to approve Resolution No. 10; Councilmember Wi1to seconded the motion; all present voted in favor and the motion passed. The next matter for council consideration was the Thomas Weber request for resubdivision and variance from minimum lot size requirements for Lot 4, Vail Meadows Filing No. 1. Mayor Slifer introduced Allen Gerstenberger who explained that the staff had recommended against approval. Councilmember Wi1to moved to deny the request; Councilmember Palmateer seconded the motion; all present voted in favor except Mayor Slifer who abstained. The motion to deny passed. Mayor Slifer introduced the next item on the agenda as a request from Hong Kong Cafe for parking variance for three cars. Allen Gerstenberger showed plans for the proposed modifica- tion of the restaurant and explained the need for the parking variance. Several members of the audience spoke on behalf of Hong Kong Cafe suggesting that the addition to the patio would be a good thing for the core and further that if the price of each parking space was as high at $12,000, then it would be too expensive for the restaurant to make the modification to its premises. Councilmember Palmateer recommended that a figure of $1,000 per space be used for this case and moved to approve. on that basis. Mayor Slifer suggested that a promissory .note be execui.ted between the parties to allow payment in increments. A17en Gerstenberger added that the planning commission voted 5 to 1 in favor of granting the request. Councilmember . Palmateer moved to approve the request and to set $1,000 as the amount for each parking space. Councilmember Ruder seconded the motion; all present voted in favor and the motion passed. The next matter of business was the consideration of a request from William Ruoff on behalf of the Webster residence for GRFA.and setback variances for Lot 35, Block 7, Vail Village First Filing. Mr. Ruoff presented the proposed plan for the Webster residence and explained MINUTES REGULAR MEETING VAIL TOWN COUNCIL 2 May, 1978 PAGE TWO the reasoning for requesting the variances. There was a general discussion between Council and Mr. Ruoff regarding the inclusion on non-inclusion of the pool area in the square footage determining the GRFA if the proprosed project. Larry Rider questioned Mr. Webster's option for purchase of the old stock driveway and contended that the stock drive is actually an extenstion of the Vail Road {a dedicated roadway} and consequently Vail Associates would not be able to grant an option. Mr. Rider added that the ordinance requires that applicant prove that an unnecessary physical hardship is imposed in order for Council to grant GRFA variance and asked Mr. Webster and Mr. Ruoff to explain what the unnecessary physical hardship was in this case. Mr. Ruoff explained h'~is views of the hardship question and stated that he believed there to be some area of intrepretation.i:a the ordinance in this regard. There was a general discussion between Mr. Ruoff and the Council regarding the intent of the downzoning process. There was a discussion between Mr. Ruoff, the Council and Ms. Pam Garton, from the Planning Commission regarding the planning Commission hearing of the project, Mayor Slifer clarified the variance requests and asked that motions for approval or denial of setback variance and GFRA variance be handled separately. Councilmember Wilco moved to grant the setback variance request; Councilmember Heimbach seconded the motion all present voted in favor and the motion passed. Councilmember Ruder moved to approve the GRFA variance by stating, "I move to approve the GRFA variance for the Webster house contingent upon transfer of clear title to the stock driveway adjoining the property and that a deed restriction be put on the house so that any ~~ structure erected under the authority granted~by this variance shall be used only as a single family residence, with caretaker facilities, unless or until such limitation is modified or removed by subsequent action of the Town Council under procedures provided for granting of variances under town ordinances then in farce and effect." Councilmember Wilco seconded the motion; all present voted in favor, except Councilmember Heimbach who voted nay. The motion passed. Mr. Bob Fritch, a member of the public audience, suggested that perhaps the ordinance should be reviewed, that perhaps the ordinance might be too restrictive and that a modification might be needed to express, clearer the philosophy of the Council regarding large houses to be built on large lots. Larry Rider points out that the ordinance is clear in that respect and that the misunderstandings between the Council and the planning commission should be c1 ea red up as soon as possible. There was declared a 10 minute recess of the meeting by Mayor Slifer. Upon resumption of the meeting, the next matter for council consideration concerned the request from Justine Smith for the renewal of her parking lease for one year. Larry Rider explained the circumstances regarding the lease and the renewal request. Councilmember Heimbach moved to extend the lease for one year; Councilmember Wilco seconded the motion. A11 present voted in favor and the motion passed. The Mayor then introduced Allen Cerstenberger who presented the current status of the Public/Private Joint Venture program. Pam Carton from the Planning Commission explained the criteria which the planning commission used to judge the applications for grants under the program. A copy of the grants awarded is attached and made a part hereto of these minutes. The Mayor introduced Stan Bernstein who explained that ridership an the Bighorn/Sandstone bus routes had not been consistent enough to warrant continuance of the schedule for the next few weeks. It was the consensus of the Council that the service should be discontinued until Memorial day weekend, at which time the service would be reinstated on a limited, or commuter schedule. Mayor Slifer introduced Mr. Barry Stott who made a presentation to the Council and public regarding the proposed Edwards Airport project. He requested a resolution from the Council relating to encouragement of the County Commissioners to expand the study of county air facilities to include all county-wide alternatives. After a brief discussion, Councilmember Heimbach requested that the staff research the questions and bring recommendations to the Council at their next meeting. Mayor Slifer introduced Kent Rose , Director of Public Works, who presented an update on the progress of the plans for pathways and access ramps for the pedestrian overpass. He indicated that mast of the work on these areas should be completed within 6 weeks and the landscaping would be done shortly thereafter. The Council indicated that this project was a high priority. There was a brief discussion regarding the canvass cover which had been planned for the overpass. Consensus was that the overpass was not unattractive without it, and Kent Rase stated that it would be no problem if it were left off. _~ MINUTES REGULAR MEETING VAIL TOWN COUNCIL 2 May, 1978 page three Mayor Slifer then asked Kent Rose to report on the March 31st sewer break. Mr. Rose described the problem and stated that tests made of the water will be back in two to three weeks. He then explained the circumstances surrounding the sewer blockage and stated that he is discussing with the experts the possibility of filters being used to provide possibly a more effective protection in reducing chances of contamination of the water systems. Mayor Slifer stated for the public that the Town of Vail was doing all that was possible to prevent a reoccurance of the problem and that they would stay on top of the problem. The Mayor then pointed out for the public information that a memo was available which outlined the proposed changes in the Dog Ordinance and encouraged those present to pick up a copy for examination and recommendations. Mayor Slifer asked if there were any Reports from the Town Manager, and Deputy Town Manager Stan Bernstein explained the status of the quarterly budget reports. He stated a need for Council and Town of Vail Staff to be conservative in spending since the projected surplus had been expended. The Mayor asked if there were any reports from the Town Attorney, there were none. Ne then asked if there was any Citizen participation matters. Pam Garton thanked the Council for its contribution of $100 and the two buses to assist in the Vail Cleanup. There being no further business for the Council, Councilmember Heimbach moved to ad,~ourn; Councilmember Wilto seconded the motion, all present voted in favor and the motion passed. The meeting was adjourned at 11:00 pm. ,~ ,~ /_J•~ MAYOR ' ATTEST: TOWi~" C ERk i • Y ` Pl.ann 3.ng Commission 27 Ap ril 1978 Joint Venture Recommendationti PUBLIC/PRIVATE JOINT VE NTURE-FUNDI NG RECOMMENDATIONS PROJECT APPLICANT SCORE RE QUESTED GRANTED % OF # REQUESTS 23 Aspen 7ree(dumpster) 29.3 $ 250 $ 25O 100% 13 Christiana 28.0 $ $40 $ 840 100% 18 Lodge, at Lionshead 28.0 $ 400 $ 400 100% 27 Lions Square ~ 27.3 $ 750 $ 750 100% 7 Sitzmark 25.6 $ 924 $ 500 54% 5 Kiandra/Talisman 25.2 $ 3,238 $ 2;500 77% 6 Ant1er's 25.0 $ 4,27].35 $ 2,500 58% 17 Gare Range 24.6 $ 6,009 $ 2,500 42% 8 Crossroads (FRooad~ge 23.4 $ 802.75 $ 800 100% 1 Village Center 23.1• $ 2,000 $ 2,OOG 100% 16 Lions Mane iI 22.2 $ 2,750 $ 1,300 47% 24 Aspen Tree (WFoence} 22.0 $ 1,600 $ 800 50l 25 Karl Hochtl 21.7 $ 500 $ 500 .1001 2O Aspen Tree (P~axes~ 20.3 $ 148 $ 75 50% 10 ~ Crossroads (BStop } 20.0 $ 778 $ 400 51% 26 Crest Hotel (Hilton) 20.0' $1 3,642.08 $ 2,500 18% 9 Crossroads (driveway) i9.6 $ 1,356.26 $ -•0- O% 11 Gorsuch's 19.0 $ 5,000 $ 2,500 50% 3 Lions Mane 17.8 $ 5O0 $ 500 100% . 14 Booth Creek Townhouses 17.4 $ 2,000 $ -O- 0% 2 Vail Village. Inn 17.0 $ 5,121 $ l ,000 20% 28 Newcomb-Eddy 15.3 $ 2,608.50 $ 250 10% 12 John Masek 14.3 $ 750 $ -0-~ 0% 19 Scorpio 14.0 $ 1,333 $ 300 22% 15 Lodge at Lionshead 13.6 ~ $ 799 $ 400.- 5O% $58,370.95 $23,635.00 40% 22 'Silversmiths ineliciihle $ 300 ' 21 ( Aspen Tree aint wilding) ineligible $1,000 . 4 Ski Club Vail ineligible $4,792 5 1 _~ MINUTES t REGULAR MEETING VAIL TOWN COUNCIL 16 May, 1978 ~~- The Vail Tawn Council convened for its regular meeting at 7:45 p.m. on Tuesday, May 16, 7978, in the Council Chambers of the Vaii Municipal Building. Mayor Rodney Slifer and the following council members were present: Paula Palmateer Tom Steinberg William Wilto Also present were: Town Manager, Terrell Minger and Town Attorney, Larry Rider. The Mayor called the meeting to order and introduced Jim Rubin from the Community Develop- ment Department of the Town of Vail who introduced to the Council and public Mr. Jack D'Orio, who is the new Extension Agent to Eagle County from Colorado State University. Mr. D'Orio explained the services of the Extension Agent and offered the full cooperation of his office to the Town of Vail and its residents. The next item of business was the Consideration of Ordinance No. 12, Series of 7978. Mayor Slifer introduced the ordinance on second reading. Ordinance No. 72 amends Title 18 of the Vail Municipal Cade with regard to hazard areas. Diana Toughil1 from the Vail Community Development Department explained what changes would be made by the ordinance far the benefit of Tom Steinberg who was away for the first reading. Councilmember Steinberg stated that he would prefer that there be na restriction on square footage of single family houses an slope over 40~. There was a brief discussion regarding this provision. Councilmember Wilto moved to approve Ordinance No. 12 on second reading; Councilmember Palmateer seconded the motion. Town Attorney Larry Rider pointed out that four votes would be needed to pass the motion. Councilmember Wilto then withdrew his motion, and Councilmember Palmateer withdrew second.. Councilmember Wilto then moved to table the consideration of Ordinance No. 12 until the next regular meeting of the Cauncil on June 6; Councilmember Palmateer seconded the motion, all present voted in favor and the motion passed. Ordinance No. 13, Series of 1978 was introduced by Mayor Slifer on second reading. This ordinance amends Title 18 of the Vail Municipal Code with regard to zoning in CCI. Allen Gerstenberger, Director of Community Development requested that the ordinance be tabled until the next meeting for mare study and revision. Mayor Slifer, in addition, requested that the Staff research the parking space costs. Tom Steinberg moved to table the consideration of Ordinance No. 13 until the meeting of June 6. Councilmember Palmateer seconded the motion; all present voted in favor and the motion passed. ~~ Ordinance No. 15, Series of 1978, making a supplemental appropriation of $33,000 from the General Fund was introduced on second reading by Mayor Slifer. Town Manager Terrell Minger explained the items in the appropriation being; $25,000 for VRA Summer advertising; $3,000 for Employee housing study; and $5,000 for the Teen Center lease. Councilmember Palmateer moved to approve Ordinance No. 75 on second reading; Councilmember Wilto seconded the motion; ali present voted in favor and the motion passed. Ordinance No. 16, Series of 1978, amending Title 18 of the Vail Municipal Code with regard to hearing procedures and the Planning Commission, was introduced on first reading by Mayor Slifer. Allen Gerstenberger explained the changes in the existing code which would be made by this ordinance. In addition, the reference to notification to surrounding property owners of variance requests (18.56.115 (G)) and 18.b2 (F) was amended to read "within 300 feet". Councilmember Steinberg moved to approve the ordinance with the addition of "300 feet"; Councilmember Palmateer seconded the motion. All present voted in favor and the motion passed. Ordinance No. 77, Series of 1978, amending Title 6 of the Vail Municipal Code with regard to dog control was introduced by Mayor Slifer on first reading. There was a general discussion regarding the provisions and revisions and Councilmember Wilto moved to approve the ordinance; Councilmember Palmateer seconded the motion. A11 present voted in favor and the motion passed. The next matter of business before the Council was-the consideration of a request for rezoning Lots 1,2,3,4, and 5; Resubdivision of Block C, Lionsrideg Filing Na. 7, of Lionsridge, Ltd., from RC to MDMF. Mayor Slifer introduced Allen Gerstenberger who stated that Mr. Tofel, the r' MINUTES REGULAR MEETTNG VATL TOWN COUNCIL 5-16-78 PAGE TWO developer had requested an indefinite postponement of the request. Councilmember Wilto moved to table the request; Councilmember Palmateer seconded the motion; all present voted n favor and the motion passed. Town Attorney Larry Rider pointed out that the process of public legal notice must be done before the matter could come before the Council again. Mayor Slifer then introduced Mr. Jerry McMahan representing the public accountants wha had prepared the 1977 Audit Report for the Town of Vail. Mr. McMahan explained the process and officially presented the Audit Report to the Town Council. Ne complimented the Town of Vail on its accounting and bookkeeping proceedures. Byron Brown, representing the Ski Glub Vail, was introduced by Mayor Slifer. Mr. Brown made a presentation regarding the programs of Ski Club Vail and asked Council to consider a contribution of additional funds for Ski Club Vail to finish the building which will house their activities. There was a brief discussion regarding where the funds might come from to contribute, Councilmember Wilto moved to appropriate $1,500 for Ski Club Vail. Council- member Palmateer seconded the motion. all present voted in favor and the motion passed. The Council indicated that they would prefer to wait until the March sales tax figures were known before actually donating the money to Ski Club Vail. They indicated that the matter would be discussed again at the June 6 meeting .. There being no further business for the Council's attention, Councilmember Wilto moved to adjourn the meeting. Councilmember Steinberg seconded the motion. All present voted in favor and the motion passed. The meeting was adjourned at 9:45 P.M. .~ C Mayor V (attest} Tawn Clerk 7~~/ ~^~'~ AGENDA "" VAIL TOWN G~JUNCIL REGULAR MEETING 6 JUNE 1978 7:30 P.M. ORDINANCES AND RESOLUTIONS 1. Ordinance No. 12, Series of 1978, second reading, amending, Title 1$ of the Vail Municipal. Code with regard to hazard areas. 2. Ordinance No. 13, Series of 1978, second reading, amending Title 18 of the Vail Municipal Code with regard to zoning in CCT. 3. Ordinance No. 15, Series of 1978, second reading, amending Title 1$ of the Vail Municipal Code with regard to heaxing procedures and the Planning Commission. 4. Ordinance No. 17, Series of 1978, second reading, amending Title 6 of the Vail Municipal Code with regard to dog control. 5. Ordinance No. 18, Series of 1978, first reading, amending Title 5 of the Vail Municipal Code with regard to regis- tration of contractors. 6. Ordinance No. 19, Series of 1978, first reading, amending Title 9 of the Vail Municipal Code with regard to camping within the Town of Vail. PRESENTATIONS 7. Ski Club Vail - request for funds. ~ . 8. Steve Jones - request for franchise to operate horse-drawn transportation system. 9. Casolar del Norte - request for resubdivision and variance from minimum lot size to allow cluster development for Lots A8 and A9, Lions Ridge Filing No, 1. 10. Vail Associates, Inc: - request for conditional use permit to allow building on existing VA shop site. 11. Reinecke - request for setback variance to allow addition for garage on Lot 13., Resubdivision of Lot 7, Bighorn Estates. 12. Shapiro - request far building bulk variance to allow two buildings in excess of permitted wall length for Lot 26, Block 2, Vail Village 13th Filing. 13. Voliter - request far conditional use permit to allow nur- sery and landscape operation in Heavy Service Zone District. 14. holiday Tnn - request for sign variance. 15. Rawe - request for GRFA and distance between buildings variances to allow addition to building on Tract A, Bighorn Terrace Subdivision. 16. Cyrano's - request for parking variance to allow addition to patio. TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS CTTIZEN PARTICIPATION i VEIL TOI~.N COU~fCxL Re.gu1 a.~ l~ee.ting June. 6 , 1978 Mlnute.s On Tuesday, June. 6, 1978, th.e. Vail Town Council convened for i.ts regular meeting i,n. th.e. Council Chambers of th.e Vail Municipal Bui ldi.ng.: , Members present were.; Mayor Pro-Tem John Donovan Paula Palmateer Bill Heimbach. Dr. Tom Stei:nbe.rg Bill Wi:1 to PRESENTATION; Mayor pro-Tem Donovan opened the meeting a.nd noted that due to th.e a.pplicant's time constraints, Item No. 11 would be heard first. Reinecke -- request for setback variance to allow addition for .garage on Lot 11, Resabdivision of Lot 7, Bighorn Estates. Ji:m Reinecke, the applicant, gave a description of what he proposed to do i:f the variance. were to be granted, Diana Toughill, zoning administrator, addressed the questions from Council and noted that the Planning Commission had voted unanimously to approve the request. As there was no discussion, Tom Steinberg made. a motion to grant the variance; second by Heimbach. A unanimous vote was recorded in favor of the motion. ORDINANCDS AND RESOLUTIONS: Ordinance No. 12, Series of 1978, Second Reading, amending Title 18 of the. Vail Municipal Code with regard to hazard areas. .]ay Peterson commented on th.e '°pri_mary- secondary section" and down zoning as it related to slope... He felt that using the 40% slope factor was a poor way to down zone property. Diana Toughill noted that there had been no changes in the Ordinance since first reading. As there was no further discussion, Paula palmateer made a motion to approve the ordinance; second by Steinberg. A unanimous vote was recorded in favor of the motion. Ordinance No. 13, Series of 1978, Second Reading, amending Title 18 of the Vail Municipal Code with regard to zoning i:n CCI. Mayor Pro-Tem Donovan noted that Dr. Steinberg and he had not been present at the first reading of this ordinance but that they were familiar with it. Diana Toughill noted that some changes had been made since first reading, i.e. the conditional use sections. She went on to outline them. Bill Heimbach questioned why there was not a specific amount denoted for parking space variances. Toughill pointed out that some parking areas in Town cost more than others due to type of construction, and the way the ordinance is now written gives the Council the freedom to charge what the space is actually worth. As there was no further discussion, Bill Heimbach made a motion to approve the ordinance as well as to have the entire ordinance republished in full; second by tiJilto. A unanimous vote was recorded in favor of the motion. Ordinance No. 16, Series of 1978, Second Reading, amending Title 18 of the Vail Municipal Code with regard to hearing procedures and the Planning Commission. A17en Gerstenberger, Director of Community Development, introduced the ordinance and noted that the ordinance modified the decision-making process so that the Planning Commission will make the initial decisions on environmental impact reports, variances, conditional use permits and appeal; of administrative decisions. The Council would continue to make decisions on rezonings and passing ordinances and resolutions. The Council would then act as an appeal board for decisions made by the Planning Commission. After questions and comments from Council, a motion to approve was made by Tom Steinberg; second by Palmateer. A unanimous vote was recorded in favor of the motion. ---~ Vail Town Council Regular Meeting June G, 1978 Page Two C~ Ordinance No. 17, Series of 1978, Second Reading, amending Title 6 of the Vail Municipal Code with regard to dog control. Terry Minger, Town Manager, noted that this amended the existing ordinance and enabled the Town to deal with the problems that had been encountered. A lengthy, general discussion followed. Bi11 Heimbach made a motion to approve the ordinance; second by Steinberg. A unanimous vote u~as recorded in favor of the motion. Ordinance No. 18, Series of 1978, First Reading, amending Title 5 of the Vail Municipal Code with regard to registration of contractors. Diana Toughill gave the introduction and noted that this ordinance added a category to enable small business owners and home owners to do their own minor remodeling without having to buy a contractor's license or having to hire a general contractor. After a brief discussion, a motion to approve the ordinance as amended by the zoning administrator (Page 3, Paragraph B, "Exceptions") was made by Bill Heimbach; second by Wilto. A unanimous vote was recorded. Ordinance No. 19, Series of 197H, First Reading, amending Title 9 of the Vail Municipal Code with regard to camping within the Town of Vail. John Donovan gave a brief explanation of the purpose of this ordinance after which A11en Gerstenberger highlighted on the various points. After a brief discussion, a motion for approval with a proviso that a section be added that dealt with night watchmen on large construction projects was made by Bill Wilto; second by Steinberg. A unanimous vote was recorded in favor of the motion. PRESENTATIONS: Ski Club Vail -- request for funds, It was noted that the applicant was not present but that they had requested $4,700 for bikepaths and landscaping for the area adjacent to the Ski Club Vail Building. It was noted that at a previous meeting the Council had decided to donate $1,500. A general discussion followed. Decision was delayed at this time pending the applicant's attendance. Steve Jones -- request for a franchise to operate a horse-drawn transportation system. John Donovan noted that Council had previously discussed this issue with the applicant at the work session and that the Council was not in the position tonight to entertain a decision as any approval or denial must be done by ordinance. The purpose tonight was for a general discussion. Comments were heard from Council and from Police Chief, Gary Wall. Casolar del Norte --- request for resubdivision and variance from minimum lot size to allow cluster development for Lots R-8 and A-9, Lions Ridge Filing No. 1. Dean Knox, the applicant, gave a detailed presentation. Diana Toughill noted that the staff requested there be a second curbing tie from the individual lot corners to the main corner of Lots A-8 and A-9 to ensure that there be no survey errors. She also noted that staff would like to add one amendment to the protective covenants and have it filed as a part of the resubdivision, This dealt with Article 9, Section 2 and she requested that nothing could be changed without approval from the Town of Vail. It was noted that the Planning Commission has unanimously recommended approval. As there was no further discussion, Bi11 Wi7to made a motion to approve the request as amended by the zoning administrator; second by Heimbach. A unanimous vote was recorded in favor of the motion. Vail Associates, Inc., -- request for a conditional use permit to allow an additional building on the VA shop site. Phil Ordway, Vail Associates' representative, gave the presentation. Diana Toughill noted that the Planning Commission gave unanimous approval of the request. Rs there was no further discussion, Tom Steinberg made a motion to approve the request; second by Heimbach. A unanimous vote was recorded in favor of the motion. Vail Town Council Regular Meeting June 6, 1928 Page Three i Shapiro -- request for building bulk variance to allow two buildings in excess of permitted wall length for Lot 26, Block 2, Vail Village 13th Filing. Ken Shapiro, applicant, gave the presentation. Questions and comments were heard from the Council. Diana Toughill noted that the Planning Commission had voted 4-1 in favor of the request and that staff was also in favor of the proposal as it was a better site plan that what had originally been proposed. General discussion followed. Bi17 Heimbach made a motion for approval of the request; secand by Steinberg. A unanimous vote was recorded in favor of the motion. Bob Voliter -- request for conditional use permit to allow a nursery and landscaping operation in a Heavy Service Zone District. John Donovan gave the introduction and made some comments. Comments were then heard from Council. Diana Toughill presented the planning Commission's and staff's findings. A lengthy discussion followed. Paula Palmateer made a motion to allow the :nursery and landscaping operation as a compatible use for a Heavy Service District; second by Wi1to. A unanimous vote was recorded. Palmateer then made a motion to approve the request for a conditional use permit; second by Wilto. A unanimous vote was recorded in favor of the motion. Holiday Inn -- request for sign variance. Jim Rubin presented the proposed Holiday Inn sign program. He noted that the program would require two variances from the sign ordinance. He then outlined the variance requests. After a gereral discussion, Bi17 Wilto made a motion for approval; second by Steinberg. A unanimous vote was recorded in favor of the motion. Rowe -- request for GRFA and distance between bu1ldings variances to allow an addition to a building on Tract~A, Bighorn Terrace Subdivision. Diana Toughill made the presentation. Questions and comments were heard from Council. Planning Commission's findings were discussed. A lengthy discussion followed. Tom Steinberg made a motion to approve the variance requests; secand by Palmateer. A 2-3 vote was recorded (Steinberg, Palmateer for approval}; (Wilto, Heimbach and Donovan were opposed}. The motion failed and the request was denied. Cyrano's -- request for parking variance to allow an addition to the patio. Mayor Pro-Tem Donovan introduced the discussion regarding the request far a parking variance by Cyrano's and turned the discussionover to Zoning Administrator Diana Toughill who explained that in order to expand the patio facilities of the establishment, Cyrano's would need a variance for two cars. She added that the Planning Commission had recommended approval by a 4 to 1 vote and that the Staff recommended that the solution be similar to that agreed upon for the Hong Kong Cafe. That solution being that the applicant would pay $1,000 per parking space allowed by variance, with the understanding that at such time a "parking authority" or "special district" might be formed, if the cost per space exceeded the $1,000 figure currently agreed upon, the applicant would pay the additional fees. Ross Davis, Jr., Attorney at Law, representing Cyrano's, further explained the request and covered the details of the proposed patio expansion. Councilmember Steinberg pointed out that the actual costs per parking space could be more than currently being discussed in the future. Mr. Davis acknowledged that his client understood and agreed. Bill Heimbach moved to approve granting of the variance on the condition that the fees (total of $2,000 for two spaces) be paid at the time the building permit was issued. Bill Wilto seconded the motion. Those voting in favor were: Palmateer; Heimbach; Wilto; and John Donovan. Tom Steinberg voted no. The motion passed 4 to 1. Ross Davis pointed out that since plans for the expansion of the patio were, at this time, still somewhat tenative, he requested permission to receive a smaller variance if the expansion turns out to be smaller than currently expected. Bi11 Heimbach moved to approve a smaller variance in the event that fewer spaces were required by variance Bill Wilto seconded the motion. A 4 to 7 vote was taken in favor of the motion. (Steinberg opposed}. Uail Town Council Regular Meeting June 6, 1978 Page Four C~ J TOWN MANAGER REPORT: None TOWN ATTORNEY REPORT: None CITIZEN PARTICIPATION: Fred Willar, property owner and developer in Bighorn, voiced his dissatisfaction with the zoning imposed on his property. We felt that he had been misinformed by the Town Staff about zoning. We bought the land believing that he could build 78 units only to discover after the purchase of the land that he could not build any -- that the property was already non-conforming. He asked that the Council grant him the right to develop his property. John Donovan pointed out that there was nothing the Council could do $t this meeting and that before they could take any action, Council would need to have legal advice. A lengthy discussion followed wherein Council was very sympathetic but restated that at this time "their hands were tied". Bill Wilto questioned the gravel pile out in Booth Creek. Allen Gerstenberger stated that the pile was to be removed this summer. As there was no further business, the meeting was adjourned. ATTEST: .G~i[.~ . Town Clerk ~_ t Mayor AGENDA VAIL TOWN COUNCIL REGULAR MEETING 20 JUNE 1978 7:30 P.M. 1. MYNUTES -~ April + May, 1978 ORDINANCES AND RESOLUTIONS 2. Ordinance No. 18, Series of 1978, second reading, amending Title 5 of the Vail Municipal Code with regard to regis- tration of contractors. 3. Ordinance No. 19, Series of 1978, second reading, amending Title 9 of the Vail Municipal Code with regard to camping within the Town of Vail. 4. Ordinance No. 20, Series of 1978, first reading, amending Chapter 1.8.30 of the Vail Municipal Code with regard to fencing and landscaping in the Heavy Service Zone District. 5. Ordinance No. 21, Series of 1978, first reading, regarding financing for Public Works Maintenance Facility. 6. Ordinance No. 22, Series of 1978, first reading, granting horse-drawn transportation system franchise. 7. Resolution No. 11, Series of 1978, regarding popcoxn wagon lease. PRESENTATIONS 8. Discussion regarding Webster residence GRk'A variance. 9. Chuck Anderson - proposal regarding employee housing. 10. Discussion of fees for offsite parking spaces for CCI. 11. LionsHead Plaza - change in canopy design. 12. Appointment of Planning and Environmental Commission member to Design Review Board. TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS CITIZEN PARTICIPATION VATL TOWN COUNCIL . Regular Meeting June 20, 1978 Minutes On Tuesday, June 20, 197$ the Vail Town Council convened for its regular meeting in the Council Chambers of the Vail Municipal Building. Members present were: Others present were: Minutes: Mayor Rod Slifer John Donovan Bi11 Heimbach Paula Palmateer Bob Ruder Dr. Tom Steinberg Bill Wilto Terry Minger, Town Manager Larry Rider, Town Attorney Stanley Bernstein, Finance Director Allan Gerstenberger, Director Community Development Minutes under consideration 1978. Tom Steinberg made a second by Wilta. The motion Ordinances and Resolutions: were: April 4, April 18, May 2 and May 16, motion to approve and accept those minutes; passed unanimously. Ordinance No. 18, Series of 1978, second reading, amending Title 5 of the Vail Municipal Code with regard to registration of contractors. This was read into the record by Mayor Slifer. Diana Toughill, Zoning Administrator, noted some minor wording changes. As there was no discussion, a motion for approval was made by John Donovan; second by Steinberg. A unanimous vote was recorded in favor of the motion. Ordinance No. 19, Series of 1978, second reading,-amending Title 9 of the Vail Municipal Code with regard to camping within the Town of Vail,. Mayor Slifer read th.a.s into the record. There was no discussion. A motion for approval was made by Bill Heimbach.; second by Palmateer. The motion passed unanimously. Ordinance No, 20, Series of 1978, first reading, amending Chapter 18.30 of the Vail Municipal Code with. regard to fencing and landscaping in the Heavy Service Zone District. Mayor Slifer read this into the record. Diana Toughill gave a brief outline of th.e proposed ordinance and noted th.e sites that this- ordinance would be applicable to. Questions and comments were then heard from Council. Bill Heimbach made a motion for approval with the addi:tl.on that design plans be submitted by November 1, 1978 with. completion being the same as stated in the ordinance; second by Donovan. The motion carried 5-2 (.Steenberg anal Wilto opposed}, Ordinance No. 21, Series of 1.978, first reading, regarding financing for the Public Works Maintenance Facility. This was read into the retard by Mayor Slifer. Stan Bernstein, made the introduction. Gary Cohen, from Boettcher and Company, responded to questions about the financing and leasing policy. Questions and comments were heard from Council. . John Donovan made a motion to adopt and to amend the ordinance whereby the date on the last page would be changed to read June 30, 1978 at 1:30 P,M., which, would be considered a special meeting; This was seconded by Dr. Steinberg. The mot~.on passed unanimously. Vail Town Council June 20, 1978 Minutes Page Twa Ordinance No. 22, Series of 1978, first reading, granting horse-drawn transportation system franchise. Mayor Slifer read this into the record. John Donavan felt that a semi-annual review would be more appropriate than the quarterly as proposed in the ordinance. The majority of Council felt quarterly would be necessary. As there was no further discussion, Tom Steinberg made a motion to approve:;- second by Donovan. (It was noted that in the~Agreement, Section 15 - about the fifth line - should be changed from 30 to 7 days.). The motion passed unanimously. Resolution No. 11, Series of 1978, regarding the popcorn wagon lease. Mayor Slifer introduced this into the record. Larry Rider made a brief statement about the purpose of the resolution. The applicant's attorney made some lengthy comments and answered questions from Council. Ross Davis, Jr., on behalf of Bart & Yeti's restaurant, made some comments regarding the trash violations committed by the Popcorn Wagon patronage, and he felt that the Council should retain it's veto power over the lease, and if violations did occur, that termination of the lease should result. A lengthy discussion followed. John Donovan made a motion to adopt • Resolution No. 11 with the stipulations that the lease be a 5-year term with renegotiation far an additional 5 year-term, that the rent should be $50/month or 7% of the annual sales, and that their menu will remain as stated in the lease agreement and any change to that would have to be approved by the Town Council. Ball Wilto seconded the motion. It was decided to change the wording in Subparagraph .24 of the lease to read "within a radius of 100 feet of the popcorn wagon" rather than "the surrounding public way". The motion passed 6-1 (Falmateer opposed). If the terms of the Resolution and Lease are agreeable to the applicant, Ili Buckley, it is believed that she will sell her .cor~cessi:on to Janet Taylor. Tom Steinberg made a motion to accept Janet Taylor as the proposed new owner; second by Walter. The motion passed unanimously. PRESENTATIONS: Mayor Slifer gave a recap of Council's tour of Laonshead. He outlined some of Council's concerns and Choir proposed list of projects. Comments were heard from Councilmembers and concerned citizens. Webster Residence GRFA Variance. Mayor Slifer noted that Council had met with the Planning Commission and the applicant in their worksession in which discussion was held in regards to the action that was taken at the May 2nd meeting of the Council in which a variance was granted to the Websters. The variance was to increase the GRFA over the allowable for that site. He then read the motion as it was approved on May 2nd into the record. It was noted by the Town Attorney that the first condition of the variance. approval, tti.e assignment of 6,000 square feet which is part of the stack driveway that lies to t:he west of the subject property, the transfer of the title was unclear and that that contingency had not been complied with as of this point in time. He then outlined the courses of action available to the Council in order to ascertain who the owner of the "driveway" was. Lengthy comments were heard from Council members, the applicant's attorney, and concerned citizens in regards to the unclear title of the "stock driveway", if hardship really was evident in the granting of the GRFA variance and if Council. had beeri'.given the same presentation in regards to the numbers involved that the Planning Commission had. Tom Steinberg made a motion that Council take no action in regards to the variance that had been requested and granted at the May 2nd meeting; second by Walto. A lengthy discussion followed. A 5-2 vote was. recorded in favor of the motion. (Donovan and Slifer opposed.) Vail Town Council June 20, 1978 Minutes Page Three Chuck Anderson - Proposal Regarding Employee Housing. Chuck Anderson, one of the applicants, gave the background and the lengthy presentation for their proposed moderate to low income housing project. Allen Gerstenberger outlined the meeting that his department had with the applicants and the housing task force. Comments and questions were then heard. A lengthy discussion followed. No vote was taken, and as noted by Mayor Slifer, it appeared that Council was in favor of the proposal. , Discussion of Fees for Offsite Parking Spaces in CCT. Comments were heard from Council on the various alternatives as well as from concerned citizens. Bill Wi1to made a motion that the off-site parking fees be set at $1,000 each in CCI; second by Heimbach. A unanimous vote was recorded in favor of the motion. Lionshead Plaza - change in Canopy Design. Diana Toughill introduced Jeff Selby, the applicant, who made the presentation. It was noted that the Design Review Board had given their approval. Questions and comments were heard from Council. A~motion for approval was made by Bi11 Heimbach; second by Palmateer. The motion passed unanimously. Appointment of Planning Commission Member to the Design Review Board. John Donavan made a motion to appoint Scott Hopman to serve on the Design Review; second by Heimbach. Tho motion passed unanimously. 'Ski Club Vail Building - Landscape Proposal. Byron Brown, representing Ski Club Vail, commented on what Council had previously awarded to the Ski Club. Comments were heard from Council. A lengthy discussion followed. Bill F~eimbach made a motion to take the bike path requirement out of the Ski Club Vail's landscaping proposal; second by Steinberg. A unanimous vote was recorded in favor of the motion. Tom Steinberg made a motion that the Town pay Ski Club Vail $3,000,.1ess the cost of the bike path construction, in lieu of rent at the same rate as the first six years & extending it beyond the six year period until the $3,000 ar less is rased up; second by Heimbach. A unanimous vote was recorded in favor of the motion. TOWN ATTORNEY REPORTS: None TOWN MANAGER REPORTS:. None CITIZEN PARTICIPATION: John Donovan noted that a request had been made for the Council to donate some money to the 4th of July Rodeo.. Last year they had donated $500 towards th.e jackpot. Colleen Kline noted that this year the Council is paying for the fireworkis, which will cost $500, and they aro paying for the prizes for the parade. Couneil~~decded to leave the decision up to the Town Manager. As there was no further business to discuss; the meeting was adjourned. ATTEST: ~r ~ Town Clerk • ~~~ ~ . . Mayor l U AGENDA VAIL TOWN COUNCIL SPECIAL MEETING 3D JUNE 1978 1:3Q P.M. EXECUTIVE SESSION ORDINANCES AND RESOLUTTQNS 1. Ordinance No. 21, Series of 1978, second reading, regarding financing for Public Works Maintenance Facility. 2. Resolution No. 12, Series of 1978, permitting the Vail Water and Sanitation District's use of Town of Vail property. TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS CITIZEN PARTICIPATION U MINUTES VAIL TOWN COUNCIL SPECIAL MEETING 30 JUNE 1978 1:30 P.M. A special meeting of the Vail Town 1:30 O'clock P.M. in the Conference Building on Friday, June 30, 1978. Council was convened at Roam of the Vail Municipal Mayor Rod Slifer and the following Councilmembers were present: John Donovan Bob Ruder Paula Palmateer Bill Heimbach Also present were: Terry Minger, Town Manager Kent Rose, Director of Public Works The meeting began with a brief executive session. • ORDINANCE N0. 21, Series of 1978, regarding financing for the Town's Public Works Maintenance Facility, was introduced on second reading. Mayor 51a.fer read the title of the ordinance and made certain that all present were familiar with the legis- lation. Councilman Donovan moved to approved the ordinance on second reading; Councilman Heimbach seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published by title only. RESOLUTION NO. 12, Series of 1978, permitting the Vail Water and Sanitation District's use of Town of Vail property, was introduced and the title read by Mayor Slifer. Kent Rose explained that Vail Associates had deeded two parcels of land to the Town, one a small sliver between the sewer treatment plant and the South Frontage Road, and the other a five-acre parcel immediately north of the plant. He added that the Water and Sanitation District needed the sliver and a portion of the five--acre parcel for its planned expansion this summer. Resolution No, 12 would grant use of those parcels to the District. He indicated the property involved on a map of the Town. Councilman Heimbach moved to approve Resolution No. 12; Councilwoman Palmateer seconded the motion; all present voted in favor; and the motion carried. Mayor Slifer announced that Councilman Heimbach had submitted a letter of resignation in order to accept a position of employment in Santa Fe, New Mexico, effective July 6, 197$. The Council unanimously expressed its regret at the loss of an outstanding member, but wished Mr. Heimbach its best in his new endeavor. Mr. Minger announced that the Red Zinger Bicycle Race had been moved from the LionsHead parking lot to Ptarmigan Circle on the Golf Course due to the construction of Dobson Arena. Councilman Donovan asked the staff to investigate the possibility of closing CCI to all delivery trucks and other traffic during the hours of 11:00 a.m. to 2:00 p.m. during the summer months. Mr, Minger stated that Vail Associates would present a new model of its proposed Gondola I development to the Council in the near future. He added that VA has a lease agreement with the popcorn wagon located in the Gondola I Plaza which may have to be negotiated prior to the Town's doing anything with the Plaza area. Mr. Minger also announced that Diana Toughill, Zoning Administrator, has submitted her letter of resignation, effective September 1, 1978, and that her position is being advertised. h MINUTES June 30, 1978 Special Meeting Vail Town Council/page 2 Mr'. Rose showed the Council his plans for the Public Works . Maintenance Facility, now under excavation, Mr. Minger announced that an Upper Eagle Valley Sanitation District manhole had blown at the upper end of the Gore Valley, sending some sewage into the Town's sewer system. He stated that the Vail Water and Sanitation District had flushed its system and treated the sewage with a flocculation process, whereby a substance is added to make all sewage particles large enough to be filtered out. He added that all authorities had been notified of the problem. Les Streeter of the Head First shop requested that the Council consider allowing the use of mo-peds in the Village core. He stated that the motor driven cycles would be safer and mare aesthetic than cars in the core. The Council agreed to have the staff investigate the pros and cons. With no further business, the meeting was adjourned at 3:30 P.M. r,.° ~~-~ ~~ Mayor l (/ ATTEST: 'I ~ ,~ ` ~ / ~~ ~~ To ler u AGENDA VAIL TOWN COUNCIL REGULAR MEETTNG 18 JULY 1978 7:30 P.M. SPECIAL FRESENTATTONS 1. Dan Oden, Vail Associates, for the Red Zinger Classic.. 2. Glenn Weaver, United States Secret Service. SPECTAL DTSCUS5ION REGARDING EMPLOYEE HOUSTNG 3. Apollo Park Tenant Organization. ORDINANCES AND RESOLUTIONS 4. Ordinance No. 20, Series of 1978, second reading, amending Chapter 18.30 of the Vail Municipal Code with regard to fencing and landscaping in the Heavy Services Zone District. 5. Ordinance No. 22, Series of 1978, second reading, granting horse-drawn transportation system franchise. 6. Ordinance No. 23, Series of 1978, first reading, rezoning Lot 3, Block A, Lionsridge Filing No. 1, from Agricultural to Residential Cluster. 7. Ordinance No. 24, Series of 1978, first reading, amending Title 1$ of the Vail Municipal Code, regarding real property acquired by the Town of~Vail. 8. Ordinance No. 25, Series of 1978, first reading, amending Ordinance No. 14, Series of 1978, to prohibit vehicular traffic in the Gore Creek Drive/Bridge Street pedestrian mall between 11:00 a.m. and 2:00 p.m. 9. Resolution No. 13, Series of 1978, accepting dedication of public street from the Pulls Ranch. 10. Resolution No. 14, Series of 1978, authorizing the issuance of revenue bonds to finance middle income housing by Pitkin Creek Park, Tnc. 11. Resolution No. 15, Series of 1978, expressing the Town Council's appreciation to former Councilman Bi11 Heimbach. 12. Resolution No. 16, Series of 197$, regarding access across United States Forest Service lands to the Gondola I redevel- opment. PRESENTATTONS 13. Statter Residence - appeal of Planning and Environmental Commission denial of request for site coverage variance for Lot 10, Vail Valley Third Filing. 14. Appointment of two members to Design Review Berard Applicants: Abe Shapiro `Heather Slifer Bill Ruoff Melanie Hardy Craig Snowdon James Morgan Candace Huffman George Boyer Wayne Christenson Adelaid Blomfield • TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS CITIZEN PARTICTPATTON • Vail Town Council Regular Meeting July 18, 1978 Minutes On Tuesday, July 18, 1975 the Vail Town Council convened for its regular meeting in the Council Ghamber~ of the Vail-.Municipal Building.. Members present were: Mayor Rad Slifer Paula Palmateer John Donovan Bob Ruder Dr. Tam Steinberg Bill Wi1to Others present were: Terry Minger, Town Manager Larry Rider, Town Attorney SPECIAL PRESENTATIONS: Glenn Weaver, of the United States Secret Service, was introduced by Mayor Rod Slifer. He expressed his appreciation for the cooperation shown to his department by the Vail Police Department. He then read a letter addressed to Chief Gary Wall which expressed their gratitude and presented the Secret Service Appreciation Plaque to Chief Wall. As Don Oden, representing Vail Associates for the Red Zinger Classic, was not present, no discussion was held. SPECIAL DISCUSSION R~GARDINC ~MPLOYFE HOUSING: Mayor Slifer gave some brief background information regarding the passible sale of the Apollo Park units to a developer who would in turn convert these units into a time-share pro,~ect. He noted that Terry Minger and he had met with Chuck Ogilby, co-owner of Apollo Park, aver the weekend and that the Council had met_ with three members of the Apollo Park Tenant's Organization during the work session. As Council understands the situation, there is a contract on two of the four Apollo Park buildings, and they are scheduled to close an Friday July 21st. One of the buildings was to remain long-term housing during the winter of 'l8-'79 and the other building would be converted immediately. Slifer noted that the only authority the Town had, other than political pressure, was the zoning ordinance. The sale of the buildings and the conversion into time-share units do not violate the zoning ordinance. Slifer .prefaced the discussion by saying that the Council was extremely concerned and they would try to do everything they could to retain Apollo Park in long-term. housing. Tom Carnaval, representative of the Apollo Park Tenant's Organization, made a statement about their feelings and the processes they have gone through in order to keep Apollo Park as employee housing. He felt that with the loss of employee housing, the businesses in Vail would suffer as their employees would have no affordable place to live. Carnaval felt that it was not only the employee's responsibility to find long-term housing but that the Council was also responsible in attempting to work out some kind of compromise to this issue. Comments were then heard from other members of the Apollo Park Organization. } Vail Town Council Regular Meeting July 18, 1978 Page Two Chuck Ogilby, co-owner of Apollo Park, felt that the employee housing issue has been a problem in Vail for a long time and that there had been a lot of "lip service" with no results. With Apollo Park as the issue, he felt that it was time for everybody to do something about this problem. He then gave a brief summary cif the employee Housing development. He lusted several developers who had come to the Town Council with various employee housing developments which had been denied. He felt that the Town should act now to do something about this issue. Tom Carnaval read into the record an except from an article from the May 31, 1970 issue of the Vail Trail which dealt with the housing Issue. Mayor Slifer then touched on some of the issues that had been brought up, As to the Town purchasing an interest in the Apollo project., Slifer felt that this would be difficult as the Town should not be in partnership with private enterprise., Federal funding was one alternative but due to the time involved in obtaining such funds would have to be an alternative for future projects. Industrial revenue bonds were also mentioned as a viable means to aid an entity to buy Apollo Park or to assist the current owners in improving their mortgage or financial obligations at this point in time and try to encourage them to stay in the employee housing business far a longer peiod of time.. Comments were. then heard from Council. They were very concerned about the problem and were sympathetic with the Tenant's . Organization but at this time they felt that there was nothing they could do. A lengthy, general discussion followed. At the end of the discussion, P9ayor Slifer asked Mr. Ogilby to try, and set up a meeting between the Town officials, Butterwick Enterprises the purchasers of Apollo Park) and the sellers of the property. ORDINANCES AND RE50L~3TIONS: Ordinance No. 20, Series of 1978, second reading, amending Chapter 18.3fl of the Vail Municipal Code with regard to fencing and landscaping in the Heavy Service Zone District.. This was introduced by Mayor Slifer. John Donovan asked that the July 1st date be moved up to May 1, 1979. He a1 so suggested that the Town set a fine to be assessed against those who have not completed their landscaping by that date. Diana Toughill noted that the zoning ordinance does set fines and penalties for acts that violate the zoning ordinance and is very specific. As there was no further discussion; John Donovan made a motion to approve Ordinance No. 20 with an amendment to the introduction and to Paragraph B-4 reflecting a May 1, 7979 deadline; second by Steinberg. A unanimous vote was recorded in favor of the motion. Ordinance No. 22, Series of 1978, Second reading, granting horse-drawn transportation system franchise. Mayor Slifer introduced this into the record. As there was no .discussion, a motion to approve was made by Tom Steinberg; second by Donovan. A unanimous vote was recorded in favor of the motion. Ordinance No. 23, Series of 1978, First Reading, rezoning Lot 3, Block A, Lions Ridge Filing No. 1 from Agricultural to Residential Cluster. Mayor Slifer introduced the ordinance and turned the discussion over to Diana Toughill, zoning administrator. Presentation was given by the applicant's representative. Questions and comments were heard From Council. A lengthy discussion followed. It was noted that Planning Commission voted 5-1 in favor of the rezoning. As there was no further discussion, John Donovan made a motion to approve Ordinance No. 23, with the restriction that the number of units be two, that the remainder of the land was to be dedicated to the Town prior to the issuance of any building permit and that a deed restriction be placed on the land prohibiting the use of a lodge; second by Steinberg. A unanimous vote was recorded in favor. Ordinance No. 24, Series of 1975, First Reading, amending Title 18 of the Vail Municipal Code regarding real property acquired by the Town of Vail. This was introduced by Mayor Slifer. Larry Rider voiced his opinion and outlined Vail Associates' i concerns. As there was no discussion, Paula Palmateer made a motion to approve the ordinance; second by Ruder. A unanimous vote was recorded in favor of the motion. Vail Town Council Regular Meeting July 18, 1978 . Page Three Ordinance Na. 25, Series of 1978, First Reading, amending Ordinance No. 14, Series of 7978. Mayor Slifer noted that this would not be read tonight as it had only been done in draft. He then went on to explain the purpose of the ordinance and stated that the Council would like to have it on the agenda at the August 1st meeting. Resolution No. 13, Series of 1978, accepting dedication o.f a public street from the Pulis Ranch. This was introduced by Mayor Slifer. harry Rider gave clarification as to the specified road to be dedicated. As there was no discussion, Tom Steinberg made a motion to accept the dedication; second by Wilto. A unanimous vote was recorded in favor. Resolution No. 14, Series of 1978, authorizing the issuance of revenue bonds to finance middle income housing by Pitkin Creek Park, Inc.. Mayor Slifer introduced this into the record. Larry Rider gave the background information relating to this issue as well as the Town's obligations. General discussion followed. Bill Wilto made a motion to approve the resolution; second by Ruder. A unanimous vote was recorded in favor of the motion. Resolution No. 15, Series of 1978, expressing the Town Council's appreciation to former Councilman Bill Heimbach. This was introduced by Mayor Slifer. John Donovan suggested that the Town Clerk have the resolution framed and sent to Mr. Heimbach. Motion to approve was made by John Donovan; second by Steinberg. A unanimous vote was recorded in favor of the motion. Resolution No. l6, Series of 1978, regarding access across United States Forest Service lands to the Gondola I redevelopment. The introduction was given by Mayor Slifer who then turned the discussion over to Larry Rider. Paula Palmateer moved to adopt the resolution; second by Wilto. A unanimous vote was recorded in favor of the motion. PRESENTATIONS: Statter Residence -- appeal of Planning and Environmental Commission's denial of a request for site coverage variance for Lot 10, Vail Valley Third Filing. Mayor Slifer noted that the applicant has requested that this matter be tabled until the August 1st meeting. Bohn Donovan made a motion to delay the appeal of the PEC's decision until the August 1st meeting; second by Steinberg. A unanimous vote was recorded to delay decision on this matter. S Adelaid Blomfield and Craig Snowdon were appointed to the Design Review Board. Mayor Slifer noted that they will each serve for a two year term. TOWN MANAGER REPORT: Terry Minger made a brief "pitch" for the up~-coming Symposium. He outlined the dates and noted that it would be headquartered in the Lion Square Lodge. A brief description of the theme and events was given by Mr. Minger. TOWN ATTORNEY REPORT: None. CITIZEN PARTICIPATION: Bob Nott voiced his opinion on the variance procedure and the way in which adjoining property owners were notified. A general discussion followed. As there was no further business to discuss, the meeting was adjourned. ATTEST: •~ _~ ~. ~ Town Clerk Mayor / ' MINUTES VATL TOWN COUNCIL SPECIAL MEETING 28 JULY 1978 7:30 A.M. A special meeting of the Vail. Town Council was convened at 7:30 o'clock A.M, on Friday, July 28, 1978, in the Conference Roam of the Vail Municipal Building. Mayor Rod Slifer and the following Councilmembers were present: Tom Steinberg Bi11 Wilto John Donovan Paula Palmateer Bob Ruder Mayor Slifer convened the meeting for the purpose of selecting a new Councilmember to fill the vacancy left by the resignation of Councilman Bill Heimbach. Applicants for the position were Gerry White, Jack Goehl, Craig Struve, Scott Hopman, Ed Drager, Ron Todd, and Jack Fritzlen. The voting was done by secret ballot, and a tally of the votes revealed that Gerry White received two votes, and Scott Hopman received four votes. The Mayor .announced that Mr. Hopman was selected to fill the vacancy. The Council and other applicants offered their congratulations and encouraged those not selected to run for Council in 1979 when four seats will be open. The Council also asked the press to announce_ the new vacancy on the Planning and Environmental Commission, created by A'!r. Hopmari's appointment to the Council. The Council requested an update on the proposed Learning Tree lease for their work session scheduled far August 1. They also requested a status report on the Dobson Arena construction. The staff was instructed to have a representative of Cohen Construc- tion in attendance at the August 1 work session. Regarding the Stanley Black variance being protested by Eve Nott, the Council requested that the staff set up a meeting between Mrs. Nott and Mr. Black to try to work out their differences prior to the regular meeting on August 1. With no further business, the meeting was adjourned at 8:00 a.m. ~~ ~~ ~~~~ ~~ Mayor ~ ATTEST: ,~_ Tobfi lerk ~1 ,,: -^~ FDR COUNCILMAN HETMBACH'S VACANCY: VOTE FOR ONE Gerry White f~ Jack Goehl. Craig Struve Scott Hopman 1~~1 Edmond Drager Ran Todd Jack Fxitzlen T~ ~~cez r AGENDA VAIL TOWN COUNCIL REGULAR MEETING 1 AUGUST 1978 7:30 P.M. OATH OF OFFICE Councilman Scott Hopman ORDINANCES AND RESOLUTIONS 1. Ordinance No. 23, Series of 1978, second reading, rezoning Lot 3, Block A, Lionsridge Filing No. 1, from Agricultural to Residential Cluster. 2. Ordinance No. 24, Series of 1978, second reading, amending Title 18 of the Vail Municipal Code, regarding real property acquired by the Town of Vail. 3. Ordinance No. 25, Series of 1978, first reading, amending Ordinance No. 14, Series of 1978, to prohibit vehicular traffic in the Gore Creek Drive/Bridge Street pedestrian mall between 11:00 a.m, and 2:00 p.m. 4. Resolution No. 17, Series of 1978, recognizing members of Scout Troup 230 and Cub Scout Pack 230 of Edwards. PRESENTATIONS 5. Staffer Residence - appeal of Planning and Environmental Commission denial of request for site coverage variance for Lot 10, Vail Valley Third Filing. 6. Stanley A. Black - request for setback variance for Lot 30, Vail Meadows Filing No. 1. 7. Planning staff - appeal of Planning and Environmental Commission grant by default of GRFA variance for Marvin Simon, Units 23 & 25, Lot 5, Block A, Lionsridge Filing No. 1, Lionsmane Phase II. 8. Gordie & B.J. Rowe appeal of recreation amenities fee for single family residence, Tract A, Bighorn Terrace. 9. Employee Housing Task Force - status report and general discussion. 10. Learning Tree - request for lease agreement. 11. Presentation regarding Public Works Maintenance Facility. 12. Appointment of Board of Appeals for Uniform Building Code. TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS CITIZEN PARTICIPATION r MINUTES VAI L T04JN COU NC I L REGULAR MEETING AUGUST 7, 7978 _r 1Te Vail Town Council convened for its regular meeting at 7:40 pm on Tuesday, August 1, 1978, in the Town Council Chambers of the Vail Municipal Building. The following Councilmembers and Mayor Rodney Slifer were present: John Donovan Bob Ruder Tom Steinberg Bi11 Wi1to Also present were: Town Attorney Larry Rider, Town Manager Terry Minger and Scott Hopman, the newly appointed member of the Town Council. The first matter for Council's attention was a brief statement from Don Oden of Vail Associates regarding a report of the success of the Red Zinger Bicycle Classic held recently in Vail and an expression of appreciation from the community for the assistance given to the event by the Tow Council and the Town of Vail. dinance No. 23, Series of 1978, rezoning Lot 3, Block A, Lionsridge Filing No.l, from icultural to Residential Cluster was introduced on second reading by Mayor Slifer. Diana ughill, Zoning Administrator explained the minor changes made to the ordinance on first reading,Counci1member Steinberg moved to approve the ordinance on second reading; Councilmember Ruder seconded the motion. All present voted in favor and the motion passed. Ordinance No 24, Series of 1978, amending Title 18 of the Vail Municipal Code, regarding real property acquired by the Town of Vail was introduced on second reading. Diana Toughill explained the purpose of the ordinance and the minor changes made at the time of first reading. There being no discussion, Councilmember Donovan moved to approve the ordinance on second reading; Councilmember Steinberg seconded the motion. All present voted in favor and the motion passed. Resolution No. 17, Series of 1978 recognizing members of Scout Troup 230 and Cub Scout Pack 230 of Edwards was read and introduced by Mayor Slifer. Councilmember Donovan moved to approve the resolution; Councilmember Steinberg seconded the motion; A71 present voted in favor and the motion passed. The next matter which the Council considered was the request for a lease agreement between the Town of Vail and the Learning Tree. Diana Toughill explained that the lease was similar to that granted to the A8C School for use of the Mountain Be11 site for a pre-school program. She further stated that the Design review board had given tenative approval of the building design ~t had not seen the latest drawings and that the Planning Commission had recommended approval the lease. There being no further discussion, Councilmember Donovan moved tv direct the Manager to enter into a 1ease~agreement with the Learning Tree, conditional upon the approval of the Design Review Board; Councilmember Ruder seconded the motion; a17 present voted in favor and the motion passed. The Council then asked Diana Toughill to explain the request for appointment of four members to the Board of Appeals for Uniform Building Codes. Ms Toughill explained that the four current members needed to be appointed to temporary terms an the board to allow for advertisement of the vacancies and to allow continuance of business of the board. Councilmember Donovan moved to reappoint the existing members of the board to serve for a 6 month temporary term; Councilmember Wilto seconded the motion; all present voted in favor and the motion passed. The following members of the Board of Appeals will serve until December 31, 1978: Jim Viele; George Knox, Jr; Byron Williamson and Ron Todd. With the arrival of the Town Clerk at the meeting, Mayor Slifer asked that the oath of office be administered to Scott Hopman. The oath was administered to Mr. Hopman by Mayor Slifer. Mr, Hopman will serve in the vacancy created by the resignation of Bill Heimbach, until the next regular Town Council election in November of 1979. The Council them undertook consideration of Ordinance No. 25, Series of 1978, amending dinance No. 14, Series of 1978, to prohibit vehicular.. traffic in the Gore Creek Drive/Bridge reef pedestrian mall between 11:00 am and 2:00 pm. Mayor Slifer introduced Ordinance No. 25 on first reading. There was a general discussion between the Council and the public in attendance regarding the pros and cons of the proposed restriction of deliveries to the Care area during those hours. Representatives of the core area businessmen, service companies, and delivery people spoke. The consensus was that some plan to improve the situation needed to be designed, however, many felt that this was not the best way. Councilmember Wilto moved to deny Ordinance No. 25, Series of 1978; Councilmember Hopman seconded the motion; The fvl~~owing PAGE TWO MINUTES REGULAR MEETING VAIL TOWN COUNCIL 1 August, 1978 Councilmembers voted to deny passage of the ordinance: Bi11 Wil.to; Scott Hopman; Bob Ruder; ~Yor Slifer. Those voting against denial of the ordinance were: John Donavan and Tom Feinberg. The Ordinance was refused, by a 4 to 2 vote. The Council them moved to the consideration of a request. for consideration of the Planning and Environenta1 Commission denial of a request for site coverage variance for Lot 10, Vail Village Third Filing - the Statter Residence. The architect for Mr. Statter explained the reasons for original request far the variances being due to the hazard areas located on the property and the existance of a handicapped member of the family. There was a general disucssion between the Council, Mr. Statter and the architect regarding the passible- use of. an elevator in the building, and other possible alternatives tv design and construction of the building which would be passible without a variance. Councilmember. Donovan asked if a two week delay would cause any hardship for Mr. Statter, who responded that they would probably not start constuction until next spring anyway. Mr. Donovan then asked if the current drawings could be left with the Council for further study. Mr. Statter agreed to do so. Councilmember Donovan then moved to table the question until the next regular meeting of the Council; Councilmember Ruder seconded the motion; all present voted in favor and the motion passed. The Council then took up the matter of a contested request from Stanley A. Black for a setback variance for Lot 30, Vail Meadows Filing No. 1. Town Attorney Larry Rider explained the background surrounding the contested variance request regarding the timing. of the ordinance requiring notification of surrounding property 'owners. Bob and Eve Nott contested the granting the variance based on the grounds that they, being neighboring property owners were never ~tified, Mr. & Mrs, Nott presented their arguments for denial of the variance and Mr. Black presented his argument for the need of a variance. Mayor Slifer asked. the Town. Attorney to clarify the possible courses of action open to the council. Mr. Rider explained that the Council could affirm the decisian.of the Planning Commission, reverse the decision or affirm _ the decision with modifications. Councilmember Wilto then moved as follows: "Mr. Mayor, I'll make a motion. I would move that we affirm the planning commissions decision with the modification, the modification being that, the deck in question be moved to the South per Mr. Black's comments and that the house be moved, uh, not 4~ feed Easterly, but 4z feet from the property line, or an additional 42feet." Mayor Slifer then repeated the motion by saying, "The oration has been made that the planning commissions actions be affirmed, that the deck at the, I think it's the West end of the house, be moved in accordance with Mr. Black's comments and that the house be moved perpendicularly 42 feet from the.. property line."~ Councilmember Hopman seconded the motion. The following Coun~ilmembers voted. in favor of the oration: John Donovan; Scott Hopman, Bill Wilto; Rod Slifer. Those voting against the motion were': Tom Steinberg and Bob Ruder. The motion carried 4 to 2. Attorney Terry Quinn appeared before the Council to address the question of the appeal of the planning staff of a Planning and Enviromental Commission grant by default of GRFA variance for Marvin Simon, Unites 23 and 25, Lot 5, Block A., Lionsridge Filing No. 7., Livnsmane Phase II. ''' na Taughill and Larry Rider explained the reason for the staff appeal. Mr. Quinn explained t the regsan for the variance request was to upgrade the apartments in the building and not to create additional floor space. Ms. Taughill requested that the Council inspect the premises before making a desicion on the appeal. Councilmember Steinberg then moved to delay the question until the next regular meeting of the Council to allow time for inspection; Council- member Donovan seconded the motion. A17 present voted in favor and the motion passed. The time and date for inspection was set at 1:30 pm an Tuesday, August 15th, 1978. Concerning the appeal of Gordie and B.J. Rowe regarding the recreation amenities fee for a single family residence in Tract A, Bighorn Terrace., Diana Toughill explained that the appeal came about because the Rowe house exists in a medium denisty zone and that the Rowes were assessed a recreation fee based on the medium denisty rate. They have asked that the house be taxed an the basis of a single family dwelling. Mayor Slifer asked Larry Rider if it would be possible to ammend the recreation ammenities ordinance., Mr. Rider responded that the Cauncii could possibly amend the ordinance and consider a rebate to the Rowes. He offered tv research the matter and report to the council at the next regular meeting. Mayor Slifer stated that the matter would be discussed following that report. The next item an the agenda was a report to Council and the public from the Employee Housing Task Farce. Staff member Jim Rubin reported on behalf of the task force that two areas of focus and study by the committee were: 1) long term resident housing and 2) housing far sonai resident housing and stated that the goal was to obtain 100 units of seasonal housing the 79-80 season and to assist those builders interested in the construction of long term housing by whatever means available. Mayor Slifer then invited public input and participation i n -the. committee and i is efforts MINUTES REGULAR MEETING PAGE THREE VAIL TOWN COUNCIL e Mayor then presented an update to the public regarding the efforts of the Town Council to amine alternatives in the employee/resident housing question. He stated that the Council had met with Mr. Shelly Green regarding a proposed public housing project for Vail and that the earliest projection for start of construction would be 7980. He stated that the he and the Town Manager had met with Jack Marshal of Vail associates regarding the possibility of any properties which might be made available for employee hauling projects. He further stated that the Council had not yet met with either Mr. Butterwick or Mr.0~i7by~since they were both.:out of town but restated that the Council hoped to meet with both gentlemen within the next week. The Mayor then asked for public discussion regarding the question. Tom Carnevale of the Vail Tenants Organization asked if the Town Council had put together any concrete proposals. Mayor S]ifer replied "no, but that the Council had asked the Town Attorney to draft legislation for the control of time sharing properties in Vail." He further stated that the Council did not know if the legislation would be legal and that it may wind up in the supreme court. Mr. Carnevale suggested that Morin County, California may provide an example of the control of time sharing and Mayor Slifer responded that he would ask Mr. Rider to look into it. There was a discussion regarding the possibility of restrictions being placed on any future employee housing projects when they are built to insure that they stay employee housing. The discussion moved to the specifics regarding what restrictions were placed originally on Apollo Bark and how they were altered over the years to now allow the sale of the property and the ~nge in status from employee housing. Mr. Carnevale stated that interval ownership may threaten the market place ( real estate, shops, etc.) and may attract only lookers instead of buyers. He further stated that he hopes to enlist the support of the Vail business community in support of the goals of the Vail Tenants Organ- ization. There was a brief discussion regarding real estate tax breaks for .developers of employee housing. Larry Rider explained the possible alternatives now being explored by several people in the state, but stated that he sees no way for a change in the laws to take place in the immediate future. He also pointed out the difficulty in enacting legal controls to regulate the time sharing questions. The Vail Tenants Organization then asked the Town Council to approach Governor Lamm far help to salve the immediate problem of housing for resident employees. George Knox, Jr., then asked if the Council would initiate an ordinance for the control of time sharing as a test case. Mayor Slifer replied that was precisely what the Council had in mind in requesting that Larry Rider draft legislation regarding time sharing. Mr. Carnevale then asked for individual statements from the Council regarding the employee housing question. Mayor Slifer stated that the present position of the council in opposing time sharing was a unanimous one. There was a brief discussion regarding what projects would be completed this year in time to p. Basically, there will be none of any magnitude, except 28 units being built by Lazier Potato- Patch and some 78 units being built in Eagle Vaii. Mr. Knox asked that the people of Vail get back to caring about Vail. There followed a discussion regarding the 5unbird Lodge and porported misrepresentations. Diana Toughi1l stated that the variances request from the Sunbird Lodge would be heard at the planning commission meeting of August 8th. Mr. Carnevale described the detoriation of the quality of life for permanent residents of the Wren since the advent of time sharing on the premises. He asked if the Wren paid sales tax on the short term sales being made there. Mayor Slifer said that he would check, and advise. There was a question regarding the immigration and employment of alien workers in Vail. Bill Clem from the State Employment office stated that this would not happen since there was an adequate supply of workers in the area to fill the need. Mr. Clem agreed to meet with Council in work session to further discuss the question. Susan Milhoan stated that her polls show that employee housing was the largest single issue of concern in this district. She stated that she had planned a meeting to discuss this question on August 17th in the Council Chambers. The public is invited to attend for information sharing with other concerned citizens from Vail and Aspen as well as Eagle County and Pitkin County. Mr. Carnevale introduced the project manager of the Wren and asked that he present his viewpoint. project manager stated that his belief was that interval ownership (time sharing) at the n, Vail Run, Vail International and others had contributed to employment in the valley and did not believe that it had changed the structure of the lodging business. He stated that he believed that it was not bad for the Town of Vail, and further., that the issue was employee housing - not interval sales. He explained that time sharing was not different from the nightly reservations system used by Manor Vail, the Lodge and other lodges in Vail. REGULAR MEETI~lG MIf~UTES PAGE FOUR AUGUST 7, 1978 VAIL TO4~JPJ COUCdCIL Mayor Slifer then thanked the public for its input and asked that the open dialogue continue and encouraged public participation in the process. was the consensus of the Council to postpone an update on the progress pf the public works facility for another date. Councilmember Donovan moved to adjourn the meeting. Councilmember Steinberg seconded the motion. A11 prase voted in favor, and the meeting adjourned at 11:30 pm. ~~~ ATTEST: - ~ ~~~ ~~ ~~ - ~ MRYOiI TOWy CLERK n AGENDA . VAIL TOWN COUNCIL REGULAR MEETING 15 AUGUST 1978 7:30. P.M. 1. U.S. Forest Service - report regarding RARE II. ORDINANCES AND RESOLUTIONS 2. Ordinance No. 26, Series of 1978, first reading, annexing territory owned by Vail City Corp. and Elmore & Associates, znc. to the Town of Vail. 3. Ordinance No. 27, Series of 1978, first reading, adopting by reference the 1977 "Model Traffic Code", 4. Resolution No. 18, Series of 1978, designating October 24, 1978, United Nations Day. 5. Resolution No. 19, Series of 197$, redeeming Town of Vail Bighorn Street improvement Bonds. PRESENTATIONS 6. Statter Residence - appeal of Planning and Environmental Commission's denial of request far site coverage variance for Lot 10, Vail Valley Third Filing, continued from August 1, 1978 meeting. 7. Planning staff - appeal of Planning and Environmental Commission's grant by default of GRFA variance for Marvin Simon, Units 23 & 25, Lot 5, Block A, Lionsridge Filing No. 1, Lionsmane Phase IT, continued from August 1, 1978 meeting. 8. The Crest - request for sign variance. 9, Potato Patch Second Filing -- request for plat amendment. 10. Housing Task Force report. TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS CITIZEN PARTICIPATION • ~,., MINUTES VATL TOWN COUNCIL REGULAR MEETING 15 AUGUST 1978 The regular meeting of the Vail Town Council was convened at 7:30 P.M. on Tuesday, August 15, 1978, in the Council Chambers of the Uail Municipal Building. Mayor Rod Slifer and the following Councilmembers were present: John Donavan Tom Steinberg Paula Palmateer Scott Hopman Bill Wilto Bob Ruder Also present were: Terry Minger, Town Manager Larry Rider, Town Attorney r~ Ernie Nunn of the U.S. Forest Service presented the background and purpose of the Roadless Area Review and Evaluation and distributed copies of the Draft Environmental Impact Statement, He requested input from the Town and its citizens. ORDINANCE N0. 26, Series of 1978, annexing territory owned by Vail City Corp.. and Elmore & Associates, Tnc. to the Town of Vail, was introduced on first reading. Mayor Slifer stated that the petition for annexation had been received earlier in the day and was signed by 100% of the territory's landowners. Council- man Donovan moved to accept the petition; Councilman Steinberg seconded the motion; all present voted in favor; and the motion carried. Town Engineer, Dan Corcoran, stated that the map, prepared by KKBNA, was in compliance with Statutory require- ments, Mr. Rider read the annexation Statute. Tn response to a question regarding the status of the pending West Vail annexation if this annexation were. approved, Mr. Rider stated that the blest Vail annexation election would be stopped as the Elmore annexation would take precedence. Councilman Donovan rnaved to approve Ordinance No. 26 on first reading; Councilman Steinberg seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. P~9r. Rider then stated that the Council could discuss possi61e zoning or could refer that matter to the Planning Commission for recommendations. Councilman Steinberg moved to refer the zoning to the Planning Commission; Councilman Wi1to seconded the motion? all present voted in favor; and the motion carried. ORDINANCE N0. 27, Series of 1978, adopting by reference the 1977 "Model Traffic Cade", was introduced on first reading. Mr. Rider explained that the Model Traffic Code is revised every three years and that no significant changes were incorporated in this edition. Councilman Ruder moved to approve the ordinance; Councilman Wilco seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. RESOLUTION N0. 18, Series of 1978, designating October 24, 1978, United Nations Day, was introduced by Mayor Slifer. Gounci1woman Pa1mateer moved to approve the resolution and to appoint Mayor Slifer U.N. Day Chairman; Councilman Steinberg seconded the motion; all present voted in favor; and the motion carried. RESOLUTION NO. 19, Series of 197$, redeeming Town of Vail Bighorn Street tlmprove- ment Bands, was introduced by P9ayor 51ifer. Stan Bernstein explained thatthe resolution authorizes the Town to call ~105,OQ0 in Bighorn Street Bonds, thereby reducing the debt. Councilman Wi1to moved to approve the resolution; Councilman Hopman seconded the motion; all present voted in favor; and the motion carried. h~TNUTES/Vail Town Council ~ .ti 15 August 198 Page 2 With regard to the Statter Residence appeal of Planning and Environmental Commission's denial of their request for site coverage variance for Lat 10, Vail Valley Third Filing, Mr. Statter explained his schematic drawings, and Jim Rubin stated that all adjoining property owners have been notified of the request. Councilman Donovan moved to affirm the Planning Commission's denial of the request; Councilman Wilto seconded the motion; all present voted in favor; and the motion carried. With regard to the Planning staff's appeal of the Planning and Environmental Commission's grant by default of a GRFA variance for Marvin Simon, Units ~3 and 25, Lot 5, Block A, Lionsridge Filing No. 1, Lionsmane Phase IT, Mayor Slifer stated that the Town Council visited the units in question earlier in the day. Councilman Donovan requested~a letter from the condominium association addressing parking and favoring or opposing the project. Diana Toughill stated that a variance of this size required no additional parking. Councilman Steinberg asked if Mr Simon would be willing to contract with the Town to bring the units up to Building Code standards and to keep the units long term housing forever. Mr. Simon said no. The Council suggested another postponement, but Mr. Simon's attorney, Terry Quinn requested a decision tonight. Councilman Donovan then moved to reverse the Planning Commission grant; Councilman Steinberg seconded the motion. Alter some discussion Mr. Simon agreed to tabling the matter one more time to try,~to work out the situation. The Council then voted on the motion; the vote was ~-3 with Councilmembers Palmateer, Ruder and Wilto voting against; and the motion carried. With regard to The Crest's request for a sign variance, Jim Rubin explained that a larger sign would be more appropriate for the large wall pf The Crest. He added that the sign review board had voted unanimausly to approve 23 square feet. Councilman Wilto moved to approve the variance request; Councilwoman Palmateer seconded the motion; all present voted in favor; and the motion carried. With regard to the Potato Patch Second Filing request for a plat amendment, Jim Rubin explained file map and request as no representative of the applicant was present. Councilman Wilto moved to approve the amendment; Councilman Steinberg seconded the motion; all present voted in favar; and the motion carried. Housing Task Force Report. Jim Rubin stated that the Task Force had discussed a possible housing authority for Vail and had looked into the various parcels of land still available within the valley. He explained that the Task Force had studied Jae :Staufer's proposal which would require the Tawn to issue industrial revenue bonds, and Vail Associate's proposal to build a joint TOV/VA project at Lionshead for employee hausing. The Town Cauncil asked the Town Attorney to draft an ordinance giving it authority to regulate condominium conversions within the Town. Jay Peterson stated that his client, Chuck Anderson, was proceeding with his project for middle income units involving Tawn of Vail industrial revenue bonds. With regard to the Minutes of the August 1, 1978, regular meeting, Mayor Slifer clarified that the Council's intent was to request Eve Nott's neighbor, Stan Black, to move his proposed residence to 4 1/2 feet perpendicular to the property line. With that correction, Councilman Donavan moved to approve the minutes; Councilman Steinberg seconded the motion; all present voted in favor; and the motion carried. TOWN MANAGER REPORTS Mr. Minger stated that all Sunburst Recreational Amenities Fees have been paid, in answer to the Council's earlier request. MINUTES/Nail. Town Council. %~ 15 August 1978 Page 3 CITIZEN PARTICIPATION Visitox Richard He~]_yer informed the Council that his daughter had nearly drowned on the weekend while playing in Gore Creek. He stated that the creek is dangerous and requested the Council to warn visitors and investors. With no further business, the meeting was adjourned at 9:45 P.M. ,%" Mayor ~ J T (~ ATTEST: ~~~ 'g ow Jerk ~~ C ,. AGENDA ~ ' VAIL TOV~7N COUNCIL REGULAR ~NE~TING - 5 SEPTEMBER 1978 7:30 P.M. ORDINANCES AND RESOLUTIONS 1. Ordinance No, 26, Series of 1978, second reading, annexing territory owned by Vail City Corp. and Elmore & Associates, Inc. to the Town of Vail. 2. Ordinance No. 27, Series of 1978, second reading, adopting by reference the 1977 "'Model Traffic Cade". 3. Ordinance No. 28, Series of 1978, an emergency ordinance amending Title 17 of the Vail Municipal Code with regard to condominiums and conversion of rental units to condominiums. 4. Resolution No. 20, Series of 1978, expressing appreciation to Don Newcombe for his efforts to educate the public about alcohol and designating the week o£ September 17--23, 197$, Alcohol Awareness Week. 5. Resolution No. 21, Series of 1.978, amending the Town of Vail's Employee Pension Plan to conform with the requirements of the Employee Retirement Income Security Act of 1974. PRESENTATIONS 6. Vail Associates, Inc. -- presentation regarding Claud seeding. 7. Shapiro Construction -- request for recreation easement trade, Town Homes at FaT.iride~e, Sunburst Filing #~2. 8. Discussion regarding resident housing.. 9. Appointment of one new member to: 'Planning and. Environmental Commission. Applicants: Ralph E. Davis, Jr. Jack Gaehl Richard M. Crosby - James r2organ Tom Carnevale Dudley Abbott TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS CITIZEN PARTICIPATION Y~ ..i t TOWN COUNCIL REGULAR MEETING September 5, 1978 MEMBERS PRESENT: Mayor Rod Slifer John Donavan Scott Hopman Paula Palmateer Bob Ruder Tom Steenberg Bill Wilto STAFF: Terry Minger, Town Manager Larry Rider, Town Attorney Stan Bernstein, Finance Ordenariee No. 26, Series of 1'97'8, second reading. Slifer gave a brief introduction and explained that the Elmore & Associates parcel of property was in the Matterhorn, area and adjoins the Glen Lyon Subdivision. Tom Steinberg raised a question about Judge Janes' ruling on annexation and how it related to this parcel. Larry Rider gave his interpretation. As there was no further discussion, Tom Steinberg made a motion for approval; seconded by John Donovan. A unanimous vote was recorded. Ordinance No. 27, Series of l9?8, second~re~:ding. Slifer read the "title" and Larry Rider gave amore detailed explanation of this ordinance. Bill Wilto made a motion for approval; seconded by Paula Palmateer. A unanimous vote was recorded. Ordinance No. 28, ~Serie~s of 1978, an erriergen~cy ordinance. Scott Hopman felt that he had not had enough time to "digest" the ordinance and discussed the possibility of not passing it as an emergency ordinance but voting on it as a regular ordinance; therefore, making this hearing the "first reading". Wilto was against this as was Donovan who felt that the purpose of the ordinance was too important to wait. Mr. Sandy Lampo, representing the Butterwick Enterprises, read into the record a letter dated 9/5/78 which stated their project improvement plans for the Apollo Park project and felt that because of the previous recordings of deeds and various committments made that their project would be exempt from the ordinance. Larry Rider then gave a detailed explanation of the proposed ordinance and how it would effect developers and property owners who wished to convert their property into tame-sharing units or condominiums. A 10-minute recess was taken so that the Council could review the proposed ordinance properly. Upon reconvening, citizen participation was then entertained. As there was no further discussion, Donovan made a motion for approval; seconded by Palmateer. A unanimous vote was recorded. Resolution No. 20, Series of 1978, expressing appreciation to Don Newcombe for his efforts to educate the public about alcohol and designating the week of September 17-23, 1978 Alcohol Awareness Week. Donovan moved for adoption of Resolution No. 20; seconded by Steinberg. A unanimous vote was recorded. Resolution No. 21, Series of 1978, amending the Town of Veil's Employee Pension Plan to conform with the requirements of the Employee Retirement Income Security Act of 197. Stan Bernstein explained the proposed amendment and that there was no financial impact to the Town. Walto made a motion for approval; seconded by Donovan. A unanimous vote was recorded.. r ~-^ Vail Town Council Regular Meeting September 5, 1.978 .~ Page Two Vail Associates - Cloud Seeding. Bob Parker, representing Vail Associates, gave a presentation regarding cloud seeding and explained that the cost per acre to Vail would be $80.42 at 27° or $53.00 at 22°. This amounts to $821 per acre at Mid-Vail and Vail could expect to receive an additional 52 of snow during November. He then pointed out the legal and insurable considerations and generator sites. It was noted that the State is not participating in the cloud seeding program this year. As there was no further discussion Bill Wilto made a motion to have a supplemental appropriation drawn up along the guidelines outlined by Bob Parker for cloud seeding; seconded by Tom Steinberg. A 6-1 vote was recorded in favor of the motion. John Donovan was the opposing vote. Shapiro Construction. Jim Rubin explained that Abe Shapiro wanted to create two smaller recreation easements instead of the required one and how it would affect the Special Development District created by Fallridge/ Sunburst. Bill Wilto made a motion for approval.; seconded by Steinberg. A unanimous vats was recorded. Resident Housing. Slifer gave a summary of the discussions that had transpired during the past several weeks regarding resident housing and potential sites, etc and what goals the Town should arrive at in relation to this problem. A lengthy discussion was then entertained between the members af.the audience and Council, including the question of private enterprise vs. Town of Vail participation in the building of employee housing units. No action was taken at this time. Appointment of Planning and Environmental Commission Member. Jim Morgan was appointed. Paula Palmateer made ,reference to the RARE II meeting and Tom Steinberg suggested that the Town look into the cost and feasibility of exempting food from the Town's sales tax and give a report back to the Council before budget hearings. Slifer made note of the Council's meeting with the County Commissioners about an increase of 1% in the tax revenues of which g% of the Town's 7%n would be given to Eagle County. i As there was no further business, the meeting was ad,~ourned. ~~ f ATTEST TOWN CLARK :v. ~ ~. r, Y .~~r~u .-`-., fowo of vaill~ box 100 pail, Colorado 81G57 X3031 475-569 3 INVazcE T0: MR. JEFF MARSH MANAGER THE WREN VAIL, COLORADO office of the town manager FOR: DU8 OF TAPE AND TRANSCRIPT OF PROCEEDINGS REGARDING ORDINANCE NO. 28, SERIES OF 1978, FRONT MEETING OF THE VAIL TOWN COUNCIL ON SEPTEMBER 5, 197$. PLEASE MAKE CHECK PAYABLE T0: MS. DIANA ~I5GRIG PO BOX 624, VAIL, CO. FOR TRANSCRIPT OF PROCEEDINGS.......... 6 hrs @ $5.00 per hour.....$30.00 PLEASE MAKE CHECK PAYABLE T0: i TOWN OF VAIL PO BOX 100, VAIL, CO. FOR DUB OF ENTIRE MEETING OF TOWN CO~INCIL ON SEPT. 5, 1978 ................... 4 CASSETTE TAPES @$3.50 ea. -------------------------------__---------------------14_00 Thank You 1 TRANSCRIPT OF ORDINANCE 28 TAKEN FROM THE TAPED MEETING OF THE TOWN COUNCIL ON SEPTEMBER S, 1978. MAYOR ROD SLIFER: Next is Ordinance Z$ Series of 19?'$ an emergency ordinance amending Title 17 of the Vail Municipal Code with regard to condominiums and conversion of rental units to condominiums. I'll read the title of the ordinance, emergency Ordinance amending Title 17 of the Vail Municipal Code by the addition of a Chapter 17.40 relating condominiums and conversion of rental units to condominiums or non rental units setting forth definitions requirements for the tenative map and prelimenary map, requirements for the final map and partial map, specifying procedures for review of the proposed conversion and specifying the types of security that the Town may require for improvements. Stating the detail. requiring the immediate enactment of this ordinance and declaring this ordinance to be an emergency ordinance in accordance with Section 4.11 of the Charter of the Town of Vail and setting forth details in relation to the foregoing. MAYOR: Has the Council read the ordinance? SCOTT HOPMAN: I for one, really haven't had a chance to totally digest this ordinance because wE were just given the ordinance a little bit before we came to session. PAULA PALMATER: Mayor, I go along with that too. SCOTT HOPMAN: My comment would be that either we take a little time to digest it and or if we are going to pass it as an ordinance that it is passed as a regular ordinance and not as an emergency ordinance and we look at it in the ' Page 2 MAYOR: SOMEONE IN AUDIENCE: MAYOR: SOMEONE IN AUDIENCE: MAYOR: MAYOR: BILL WILTO: • MAYOR: JOHN DONOVAN: M first reading. Ok. Can you speak louder? Did you not hear his comments? No. Scotties comments were that we just rece~.ved this prior to the meeting this evening and he hasn't had time to really digest it and that he suggests a possibl.ity of not declaring it an emergency ordinance but rather regular ordinance and .this be the first reading of that ordinance. Is that pretty much the summary of your comments? Bill? Mr. Mayor, I think the meat of the ordinance is really on Page 6 and I don't think that it takes that long to read through that and we are all aware of whats happened in the last couple of weeks, and I think rather than take a chance of anything more of that same nature happen I think we should attempt to pass the ordinance tonight if possible. Ok. Any more comments from Council before we proceed? Ok. To concur with Mr. Wilto's opinion, I think that you have to be a speed reader, I've been reading it for the last two ordinances and I think that it would be beneficial for us to read this in its entirety and work on this as an emergency ordinance because in the past we have taken a very dim view of emergency ordinances and I believe that this has upset the subsequent nature, that it is important that we read this tonight and pass it or deny it as the case may be. But lets at least know what we're getting into. MAYOR: Ok. ' Page 3 MAYOR: Before we dust have open discussion I • believe that MR. Sandy Lample, who is one of the parties involved in the Apollo Park project would like to read into the record something, ar a letter that they have submitted to the Council in regards to this ordinance, and if he would da so then we will open it up to discussion. MR SANDY.LAMPLE: _. Mr. Mayor, pursuant to the work session of the Town Council this afternoon we are reading into the record a letter dated September 5, 19 and I will • "Mr. Mayor and Members of the Vail Town Council, City Manager, City Attorney, Dear Sirs and Madam: • Butterwick Interprises, Ltd., purchased Buildings A and B Apollo Park at Vail for $2,350,000 on August 3, 1978. The land was acquired under a ground lease on the same day. The Warranty deed, ground lease, plus condominium declarations, condominium map, and interval ownership declarations are filed for record in the Clerk and Recorders office of Eagle County, under reception numbers attached hereto for your reference. The Articles of Incorporation for Apollo Park at Vail Associati a non-profit corporation are filed with the secretary of the State of Colorado. The Baard of Directors of Apollo Park at Vail Assocation have elected officers and adopted by-laws. In our opinion and in the opinion of Council, we have the right at this time and in the future to begin selling time-share intervals in both Buildings A and B Apollo Park at Vail. We shall immediately begin to remodel and market Building Afar time-interval Page ~ MR. SANDY LAMPLE In an effort to assist the Town with its CONTINUED employee housing problem we agree not to remodel Building B, or market same as time- intervals until the end of the 1978-1979 Ski Season and will continue to offer it until such time for long-term employee housing. We are doing this with a specific understanding that this use of Building B until the end of the 197$-1979 Ski Season will not be inconsistent with are intent to remodel and market Building B, as time- . intervals at the end of such ski. season." Respectfully submitted, Bruce Butterwick Attached is a schedule of the various recordings that Town Council had requested that we supply to them, which indicate and I don't believe unless Town Council wishes I read into the record each and everyone of the reception numbers and the book and the page of various documents. Th.ht they have all been recorded with the Eagle County and we believe that the .... part of the MAYOR: LARRY RIDER: thrust of the proposed emergency ordinance was directed at the Apollo situation and we feel that obviously the ordinance would be in- applicable to Apollo because of the static of having filed and recorded. Thank you Sandy. I think I maybe got a little. out of sequence, I think that it would be appropriate at this time to have Larry Rider the Town Attorney, explain Ordinance 2$ Series of 1978. Mr. Mayor, Members of the Council, and the Public. Page ~ . LARRY RIDER CONTINUED: This proposed ordinance does a couple of things: the first thing r that it does is that it treats condominiums and condominiumization of property the same as subdivisions are treated. What it does is require that to people who want to make their property as condominiums or build condominiums have to come in and follow the same kind of procedures that a person that wants to subdivide the land would have to follow. Prior to this time if you had the area owned as common property and you wanted to put condominiums in the air spaces all you had to do was file the map and the condominium declarations and by-laws for the associations and you were then free to go ahead and build the condominiums or what ever you were going to do in this space. This requires a review process by i the Planning Commission that is very similar to a subdivision, a review were you have to come in a show that you axe providing easements and providin a adequate means to take care of the property and those kinds of things. The second item that this does is that it relates to the converting of property to condominiums, so if Mr. and Mrs. Miller own a duplex and they want to sell the one side as a condominium they would have to come and go through the process in order to get approval. If someone else in town owns an apartment Page 6 LARRY RIDER CONTINUED: house and wants to turn the apartments • into condominiums they would have to come in and apply and get approval, and some of the things they would have to show in order to be approved on that conversion, are that there is not going to be a significant impact upon the availabiltiy of moderate and low income units. Of course, if they were expensive units before and were going to be expensive units after • then that criteria would not apply and they could go ahead then and proceed, they would still have to seek approval but it will not be reviewed on the basis of the availability of moderate and low income units.° A couple of things that have been added since this ordinance was originally submitted to the public and F would just call your attention to them, is that on Page 5 under number 5, what we've done is required that upon conversions that not. only does the project have to meet the present building code but it also has to pay a present taxes and fees. With a credit far what was previously paid, For example if the project was built as accommodation units and they paid there- for a lower recreational amenties tax upon conversion they would have to pay a recreation amenties tax according to the use as a dwelling unit. The other item that I've added to this is that originally it required that the Page 7 LARRY RIDER CONTINUED: person making the conversion had to give a five day notice to the tenants .that they were going to ask for approval to convert but in addition to that we added a provision that gives to tenants the right of a 90 day option to purchase the unit at a fair market value, and if the person selling sets the fair market value to high. the Planning Commission can use that as a reason to deny an conversion required. A lot of things in this are put in here without really alot of return from the Council or from the Planning Commission, I'm sure that as we go along we'll find that some of them apply and some of them are surplus, but I'm sure we`ll be back into this a number of times to amend it and strengthen it and add to it. Additionally I added a today an actability clause that saps, "the terms of this ordinance shall be applicable to condominium projects that are commenced or converted after the effective day of this ordinance." JOHN DONOVAN: Your Honor, this is a very landmark decision by the Town of Vail, and since we requested opinion we have not had a chance to digest it, I would ask for a 10 min. xecess for the Council to read and understand this ordinance in its full complexities. MAYOR: Paula, did you have a..... PAULA PALMATER: I was going to comment I've seen an emergency ordinance before, its one or two pages and this is an awful lot to Page $ PAULA PALMATER CONTINUED: digest and if there is even a typographical error I want it to be enforceable and not challengable as such. MAYOR: Ok. Larry is that ...... We have a motion that we have 10 min. adjournment so that the ... recess so that the Council can in quite read the ordinance we have just received it, we had a draft that we received about two weeks ago but I think that there are substantial changes. The motion was made by John Donovan and seconded by Dr. Steinberg. Mr. Rider said that that is in order procedurally. All in favor vote by saying "Aye" ' Unanimous. If you will all bear with us will have about a 10 min. recess and be right back and you may read it while we are gone. DONOVAN: I suggest we go in the Police Converence Room. MAYOR: Will go in the Police Conference Room, which is just behind here. We'll back (following recess) in about 10 min. j MAYOR: Can we call the meeting back to order please? Stan is everyone out of the hall? We did convene and session in the Police Conference Room The meeting i was not private, it was public and was attended by the press and a couple of other interested parties,,so I think everything was above board. The discussion were fairly technical Page 9 MAYOR CONTINUED: DR. STEINBERG: MAYOR: LARRY RIDER: ~'1 MAYOR: LARRY RIDER: MAYOR: ~_J in nature and I would at this point just open up the floor discussion from the Council, any comments in regards to Ordinance No. 28, I think that Larry should read the exemption that was put in to the Public, We did add ... we did not add, we proposed to add a change on Page 8 and would have Larry Rider spell out that addition. At the request of the Council Mr. Mayor, we added a Section 17.40.135 entitled Exemptions, to xead that the terms of this ordinance should not apply to developments of two units, so duplexes would be exempt from a requirements of the ordinance. I would point out just one other thing, there is typo on Page 4 and it should be at the top Chapter 17.16 rather than 60. I'm sorry were is that Larry? On top of Page 4, it says specified in Chapter 17.60 it should be 16. OK. Third line? Ok Does everyone understand the change, it is a change on Page 8, where the Council feels that the conversion of duplex units, where an individual is building two units to sell one trying to finance his ability to five in the other unit is a fairly strict and thats not really the purpose of this ordinance ~ so we would like to exempt from the ordinance if someone built a duplex he would not have to go through this whole process if he wants to sell half the duplex. Page 10 MAYOR CONTINUED: With that are there any questions or comments from the floor? SOMEONE IN THE AUDT~ENGE: LARRY RIDER: MAYOR: JAY PETERSON. LARRY RIDER: I would 3ike a clarification about Mx. Rider on 17.0. (inaudiab7~e) Your understanding Mx. Rider is that (inaudible} this ordinance, that because of any declaration has been filed and recorded that that satified your definition of immensity and therefore not subject to the provision of this ordinance. That's correct. JAYY Why don't you identify yourself far record. I am Jay K. Peterson, Attorney in town. Larry does this, what about a condominium project that is currently under construction, like Laziers project Site 9, obviously a condomini project but under this Section would appear that that may be a condominium conversion, that it is obviously not condominiumized yet because no map has been filed and yc~u can't draw a map until you ~inaud}the project, and also does he have to go through these subdivision regulations eventhaugh he taken the whole thing through the To' of the current zoning ordinance? Be my opinion that the project would not be a conversion, and because he has commenced and his rights investe ' Page 11 LARRY RIDER CONTINUED: JAY PETERSON: LARRY RIDER: MAYOR: JAY PETERSON: MAYOR: JAY PETERSON: JOHN DONOVAN: JAY PETERSON: U JOHN DONOVAN: JAY PETERSON: PAULA PALMATER: • JAY PETERSON: PAULA PALMATER: under a prevzvusly granted approval. So he would not have to do all this. But, it would be nice if he filed his map and declaration. Any other questions or comments? Ordinance no. 28. T have another question on a conversion aspect. The market value that the Planning Commission can determine .... Which page are you on? Page 6. 17.40.090, middle of the page. The Planning Commission would really have the right to determine the preliminary market value and that really bothers me some, we have people who are sitting there may want to buy one of these or what ever.... their saying "hey that unit is worth$100,000, maybe its worth 140,000, maybe its worth $0, why can they -tell somebody that the unit is worth x number of dollars? Thats not fair. We are attempting to keep the developer from high-balling the occupants out of the unit. But if the fair market he could get from the outside person on x number of dollars that would be fair market value. That would come from the applicant initially. The fair market value of it? Thats correct, and the Planning Commiss would only question it if they felt it was out of ordinance. Page I2 JAY PETERSON; In the last year I would think that every single price would be questioned by the Planning Commission. There outrageous. But obviously there fair market value because you can't bug any unit in Tawn. I think that is just fraught with ali kinds of problems and favoritisms everything else. I could understand the reasoning for the ordinance and the conversion aspect of it, but it seems when a guy comes in he should have the right sell what he can get on the outside market. Unkown T think are intent and I wo~.ld like to see it left in there, if you have some apartment complex in town where the owner would want to get an unreason able profit out of it and our attempt here is to maintain those-units for the local resident and ~.f this is what it takes to do it, then lets leave it in. LARRY RIDER: T think another thing Mr. Peterson has said that they term lair market value is a word of art has meaning in the market place, and 7 think if the Planning Commission came in and acted in an arbitrary manner they would be subject to attack. The reason that the may is in there because it is a may they don't have to, but T think that its something to protect the tenant gives him an option to ., that he can excerise it if he can come up with the money and huh „ what we don't want Page l3 LARRY RIDER CONTINUED: 3s having a developer come in pricing $50 , 000 units at ,~p100 , 000 just so that know tenant buys. There has to be some hammer, I think that this is the hammer that we've picked, its a word thats used in the industry and I think you could easily justify a fair market value for you. MAYOR: Jay, I think one other comment thats worth making at this point in time, is the Council realizes this is maybe one of the more complicated ordinance we have ever adopted or proposed to adopt and that we would immediately send it to the Planning Commission and possible to the Housing 'T`ask Farce and ask them for their immediate technical comments. Then based on that imput and further study ourselves this ordinance can be amended. We fully intend to do that. It's very technical and based on same other ordinances as Larry stated in other communities, but we would certainly intend to further study it and it wiil not stop in this point in time. ED DRAGER: Ed Drager, I'm an Attorney in Tawr also on the Planning Commission. Couple of points seem to (inaudible} Couple things bothered me initially maybe after I read the whole thing and digest it all my sears will go away. One, the correction to eleminate duple~ces from (inaud) is a very good one. We've just totally (inaud) Page 14 ED DRAGER CONTINUED: LARRX' RIDER: ED DRAGER; n LJ LARRY` RIDER: c, ED DRAGER: LARRY RIDER: n U ED DRAGER: if somebody tryed to do a duplex go through this whole thing with time constraints and everything else. Second, it appears in here under 17.44 Larry correct me if T'm wrong. Tt requires anybody converting {inaudible) Right. Would you think this might {inaud) sometime restraint on alienation? No its a limited right only for 90 days, at the end of the 90 days they don`t buy it then their free to sell it to anybody. Tf it was forever ..... Looking at the market value for any one who wants to convert, yet you say anybody who already commenced construction regardless of what he`s going to sell for or for whom he's going to sell, he has a pre right to sell to anybody at any price, no one can justify. Tt would seem to me if we are going to get everyone who is already in existence and completed in Town, we should get those sti1J. under construction, and have to file their condominium documents. If their under construction with no tenants there would'nt be anybody to buy. They could by-pass that and put tine rest into effect and make sure they (actuate everything else your trying Page 15 ED DRAGER CONTINUED: to do with this ordinance. What is good for one should be good for the rest. Make sure that their not running to high a price that you just spoke of or something of that nature. Their building then maybe some other people in the Town would like to buy them But if the man... we can regulate one person what he can charge maybe we should regulate them all or regulate no one. LARRY RIDER: Fair market value is what a willing buyer will pay to a willing seller. ah and thats the market place. It like ~,n any condemnation case or anything else you've got to prove fair market value. Tf the guy thinks he could get more than the Planning commission thinks its worth, then ah the Planning Commission acted in a arbitrary manner then he challenges If he feels that he got a goad price, I think Planning Commission's as a member have a tendency to be reasonable ah they ... ED DRAGER: But we have never had to look at prices before. LARRY RIDER: But I think its a kind of thing that 90 days is not an unreasonable period. If you get up to a year maybe where the guy has right to come in and buy it i if ... you know we could have done it any number of ways, we could have said as a willing buyer then the tenant has the first right to buy it at that rate Page 16 LARRY RIDER CONTINUED: PAULA PALMATER: Unknown ED DRAGER: Xau know likd bray -- sell agreements. 13ut T think that this is as easier as there is and will work. Ed, I don`t have a problem with this because the intent of the ordinance is to ah control or at least scrutinize units that are under one ownership and are rental, from turning into individual condominium ownerships-~- ~' Any project already under construction has been approved as condominiums even though the plat area via map hasn't filed to T don't believe thats true. I'm not sure that we looked at that (inaudible} - when we passed these ( inaudible ) multi unit building and may have it -. as an (inaud} sell them as condominiums or rent it or what ever. Yop could go back through our minutes and you would not find that to take the example of Mr. Peterson raised on Mr. Laziers projects over there. I don't think the ultimate of his position should be passed upon by the Planning Commission or the Council. As it has a matter of policy. I thank his intent was to sell for rental units but with this in force he could sell it (inaudible} We may force people to do like we want to build in the hereafter (inaudible) Page 17 MAYOR: s r1 BOB RUDER: ~ think the point raised is a good one Ed. T think that what it might do is cause new developments to all these start as condominiums, even though they intend to rent long-term then they would'nt have to go through this process because they would be condominiums initially. I think that in our study of the ordinance if it is adopted we should really look at that aspect, 1 don't think in a couple of weeks or a month that this ordinance would affect the projects that are being built now and to be completed soon. 1 don't think any of them are going to be completed in the next couple of weeks. But i think that that is a goad point. On the same subject Rod, though xt also helped us when someone comes in and tells us that they intend to build a xental project that that is in fact what they intend to build. This ordinanc will make sure that we could leave that thing that they proposed to us as a xental project to rental project, and that a year from now it isn't going to convert. The guy who comes in and wants to go condominiums is completey different person to us and thats fine. But its the guy who comes in and says I want concessions because T am going go rental unit and the rental units become condominium units, gives us some help there. Page 18 MAYOR: TOM CARNAVAL: Any other comment, Tom? I think that one thing that didn~t mention that should be mentioned is that this ordinance goes along ways to protect not only the rights of the employees and the renters in the community, and right now the renters and the employees basically have no rights in regards to the rental units. I must admit that I was some what appalled today when I saw Bruce Butterwick tell the Council at the work session this afternoon that unless they passed a resolution saying that he wauld be hasseled in no way at all that he would convert immediately into the time sharing. Now I think that this is a prime example of social irresponsibility on the part of the developer in the community. And I think that this ordinance will go a long way to protect emplayees in this community and the renters in this community. We are all fully aware of the fact that there is going to be a shortage this winter and I don't want to see it worsen. I know that we've lost Apollo Park now and that I think is a very sad day in the history of this town. But I don't want to see us lose more units and if the Council does not pass this condominium conversion ordinance this evening there is going to be a lot of people who are going to do a lot of conversion very quickly in the next Page 19 TOM CARMAVAL •C~NTINUED: MAYOR: TOM CARNAVAL: or two weeks. I think this is a very frightening situation for the renter and x think what is worse is the rental prices and the prices in this community. That this kind of social irresponsibility on the part of a person who comes from outside the community and who attempts to -. come into the community and dictate to the Town Council what they can what they cannot do and to the people who are responsible citizens of this community should basically be allowed. This is a very frightening situation and in the Soviet Union they have a tyrannic of power that I saw today and attempted the tyranny of wealth, to me this is a very frightening situation, when there are no rights for employees who help this community to survive. T understand what you say and just for the record Mr. Butterwick did agree to keep as his attorney read into the record this evening, did agree to keep Building B into long- term housing through the ski season and just for the record the Council made no special concessions, nor any special agreements with Mr. Butte If you were here at the work session what you heard is what you heard and thats what happened between now and then, and they agreed to keep it into long-term housing. You know we're somewhat frightened about that situation to because Page 20 TOM CARNAVAL C4NTlN`C.~ED: even though now we are basically assured of a place to live, we have other problems of which we worry about It's going to cost each of us that has to move approximately $200 with cable and telephone and electricity and moving expenses and things of this nature. And ah I would like to see I4ir. Butterwick make some kind of concession in this area also. I think that this is something that he hasn't . taken into consideration either and is something that he did say at the session we had that day is that he didn't even think about that converting the units would have this effect on the employee housing. market, and those of us who live at Apollo and may be there for a long time are going to have face some mighty big things in the next two to three weeks. We've suffered for the last three weeks, . with unsureties of having a place to live and now are going to have to put out alot of mone~~ , and for us it is , I know for a lot of people in the community it is not alot of money, but for us it is. And I hate to have to fork out another $20D just to star another five months and then have to move again. SCOTT HOPMAN: Tom, I think all of us who have . lived here for a period of time have been faced with having to move whether be a conversion or someone selling a unit we were living in. I think I• ~ ~ w Page 21 SCOTT HOPMAN CONTXNUED: TOM CARNAVAL: PAULA PALMATER: MAYOR: BOBBY GALLEGOS: MAYOR: JOHN DONOVAN: PAULA PALMATER: MAYOR: that you've got a place to live and for that we're kind of lucky to press it any more than that I don't think it would be wise. I really don't. Ok. I would say Tom at least we know where we are and there is five months to plan and not a week. Any other comments? Bobby? I'm Bobby Gallegos from Minturn. I think passage of this ordinance by the Town Council will be a good faith step forward, good start to showing the people who run this town, the employee you are sincere and supportive of their efforts and the types of people you have in your community. Thank you. If there are no further comments I would entertain a motion in regards to Ordinance 28 Series of 1978 an emergency ordinance. I move that we adopt Ordinance 28 as an emergency ordinance as amended. Second the motion. i We have a motion by John Donovan, ~ second by Paula Palmater, for Ordinance 28 Series of 1978 an emergency ordinance as amended and outlined by Mr. Rider the Town Attorney. If there is no further discussion, all in favor vote i by saying "Aye", opposed, Unanimous. ~J AGENDA VAIL TOWN CO[3NCIL REGULAR MEETING 19 SEPTEMBER 197$ 7:3a P.M. ORDINANCES AND RESOLUTIONS 1. Ordinance Na. 29, Series of 1978, first reading, making a supplemental appropriation front the General Fund for Ski Club Vail, cloud seeding, Lionshead malls, and Bighorn/ Sandstone bus system. 2. Resolution No. 22, Series of 197$, making recommendations with regard to RARE TT lands. 3. Resolution No. 23, Series of 1978, accepting dedication of property from Elizabeth M. Webster. PRESENTATIONS 4. Discussion regarding proposed Eagle County sales tax. TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS CITIZEN PAR'T`ICIPATION r MINUTES VAIL TOWN COUNCIL REGUf_AR MEI=TING 19 SEPTEMBER 1978 The regular meeting of the Vail Town Council was convened at 7:30 P.M. on Tuesday, September 19, 1978, in the Council Chambers of the Vail Municipal Building. Mayor Rod Slifer and the following Councilmembers were present: John Donovan Tam Steinberg Paula Palmateer Scott Hopman Bill Wilto Bob Ruder Also present were: Terry Minger, Town Manager Larry Rider, Town Attorney Stan Bernstein, Finance Director ORDINANCE N0. 29, Series of 1978, making a supplemental appropriation from the General Fund for Ski Club Vail, cloud seeding, the Lionshead malls, and the Bighorn/Sandstone bus systems, was introduced on first reading. Mr. Bernstein noted an error in addition and stated that the total should read $49,500 rather than $63,000. Councilman Wi1to moved to approve the ordinance on first reading with the correction as stated by Mr. Bernstein; Councilman Ruder seconded the motion; all present voted in favor; and the motion carried. The Town Clerk was instructed to have the ordinance published in full. RESOLUTION NO. 22, Series of 1978, making recommendations with regard to RARE II lands, was introduced by Mayor Slifer. Terry Skorheim of the U.S. Forest Service was available far questions. Councilman Donovan requested the addition of a paragraph (3) to include as part of the Council`s findings Exhibits A and B which were attached. Councilman Hopman moved to approve the resolution with the amend- ment as stated by Mr. Donovan; Councilwoman Palmateer seconded the motion; all present voted in favor; and the motion carried. ,RESOLUTION N0. 23, Series of 1978, accepting the dedication of property from Elizabeth M. l~lebster, was introduced by Major Slifer. Mr. Rider explained that the dedication was in response to the Council's request that a stack drive past her property be dedicated to the Town in connection with a GRFA variance granted her. Councilwoman Palmateer moved to approve the resolution; Councilman Wilto seconded the motion; the vote was 6-1 with Councilman ponovan voting against; and the motion carried. 4lith regard to a proposed Eagle County sales tax, Mayor Slifer explained that the Eagle County Commissioners had attended that last two work sessions to propose a 1% sales tax for the County, 7/8% of which would be returned to the towns within the County. Commissioner Keith Troxel explained that the revenues would be used for a new County jail paving, airport improvements. Mr. T'linger and Councilman Donovan urged urged the County to wait to put the proposal to a vote until after further discussions with the Town of Vail as to whether or not the Town can legally increase its sales tax percentage. Mr. Lance Beute1 urged the Council to adopt the resolution calling a tax election as it read. The Council suggested a $100,000 maximum on revenues returned to any one town. Councilman Donovan moved to adopt the resolution to allow the election to proceed without endorsing or opposing the tax itself; Councilwoman Palmateer seconded the motion. After further discussion Councilman Donovan asked to withdraw his motion; Councilwoman Palmateer would not withdraw her second; the vote was 5--2 in favor, with Councilmen Hopman and Slifer opposed; and the motion carried. . TOWN MANAGER REPORTS Mr. Minger introduced Carlos Miranda who will assume the duties of Bob Manzanares, as Personnel Director. MINUTES/ Vail Town Council 19 September 1978 Page 2 TOWN ATTORNEY REPORTS r_ Mr. Rider announced that he had received a Simmons and Co~lpld~nt from 1~drV~11 Simon challenging the denial of his GRKA variance request. CITIZEN PARTTCTPATION In answer to a request for the status of a proposed time sharing ordinance, Mr. Rider stated that he had scheduled a meeting with an expert in the field on September 27. Mayor Slifer announced a special work session of the Council to be held on September 26 at 8:00 A.M, to discuss GRFA variance policy and housing policy. He also announced that Vail Associates has offered to work jointly with the Town to find a solution to the housing problem and the parking problem at Lionshead. He stated that the pausing units could be available by 1979. Mrs. Palmateer urged the Council to attend the NWCCOG meeting with area senior citizens to be held in Eagle. Mayor Slifer suggested a discussion regarding the proposed County sales tax for the agenda of the October 3 regular meeting, With no further business, the meeting was adjourned at 9:15 P.M. ,~~,~ ~` Mayor 1 "" // ' ATTEST: /L.l/ _ ~ ~~~~ ~ ~ Taw - ' ~ E TOWN COUNCIL REGULAR MEETING October 3, 1978 MEMBERS PRESENT: Mayor Rod Slifer John Donovan Scott Hopman Paula Palmateer Bob Ruder Bill Wilto Ordinance No. 29, Series of 1978, second reading. Jahn Donovan was disturbed that out of the $90,000 budget for cloud seeding for`the State ,_ of Colorado', Vail had to put up $16,000 ($8,000 - Vail Associates; $8,000 Town of Vail}. Scott Hopman made a motion for approval; seconded byr Wilto. A 5-1 vote was recorded in favor. Donovan was the opposing vote. Ordinance No. 30, Series of 1978, first reading. Allan Gerstenberger gave a description of the proposed ordinance and noted that the Planning Commission had reviewed the ordinance and felt that it was in keeping with the intent of the zoning ordinance. Bill Wilto made a motion for approval; seconded by Bob Ruder. A unanimous vote was recorded. Ordinance No. 31, Series of 1978, first reading. Allan Gerstenberger explained that this was requested by the Coldstream project who wished to amend their Special Development District in order to allow a 65' tower and to permit one parking space in Development District B. According to Gerstenberger, the Planning Commission had reviewed the request and approved it unanimously. Andy Norris, developer, outlined the objectives of the Coldstream project including its amenity package and how these amendments would enhance the project. Jim Morter, architect, gave a brief description of the design details of the project. It was noted that there would be no signage on the proposed tower nor lights. As there was no further discussion, John Donovan made a motion to approve the request with the provision that the "foot-pad" for the tower not exceed 16' square; seconded by Hopman. A unanimous vote was recorded, Resolution No. 24, Series of 1978, expressing appreciation to and dissolving the Housing Task Force. Bill Wilto made a motion for approval; seconded by Hopman. A unanimous vote was recorded. Eagle County Trash Billing System. Slifer noted that the PUC was asked to attend this meeting..Thdy were unable to send a representative but that there were representatives from the Eagle County Trash. Del Owens, shop owner in Lionshead, read a petition opposing the trash company's billing system. Larry Ast, associate Eagle County Trash, responded to the petition and outlined their costs and needs after which there was lenghty participation from the audience. No action was taken. Villa Cortina. Allan Gerstenberger explained that the lst Bank applied for a conditional use permit to add 2,800 square feet to their building which would require that 7.5% of their parking be covered and they have requested a variance from this in order to make their parking exterior. The Planning Commission unanimously recommends approval of the conditional use permit and the parking variance as does the staff. Jay Peterson, representing the 1st Bank, gave a presentation of the proposed expansion and stated the 1st Bank°s position. Terry Quin, representing the Vi11a Cortina, explained the Villa's opposition to the variance and proposed expansion which centered around obstruction of view corridors. '~ Town Council October 3, 1.978 Page Two Villa Cortina, cont. Comments were then entertained from various owners within the Villa Cortina building. It was also noted that in addition to the blocking of view corridors, there were some legal questions to be answered in relation to the joint-ownership and use by the lst.._Bank and Vi11a Cortina of a small strip of land.andthe Villa Cortina has since filed a partition action regarding this land. Larry Rider pointed out that there were three questions the Council had to decide on: 1) conditional use; 2) covered parking variance;-and 3) approval of the joint--parking agreement between the Vail Chapel and the Bank. Bi11 Wilto made a motion to table the issue. This failed due to lack of a second. Bob Ruder made a motion to uphold the Planning Commission`s approval of the conditional use permit; seconded by Hopman. A 4-0 vote was recorded. Donavan abstained. Ruder made a motion to uphold the Planning Commission's approval of the parking variance; seconded by Hopman. A 4-d vote was recorded. Donovan abstained. Ruder made a motion to approve the joint-~ parking agreement as outlined by the Planning Commission; seconded by Hopman. The Design Review Board is to submit the 1st Bank's landscaping plans to the Council. A 4-0 vote was recorded. Donovan abstained. Sunbird Lodge. A letter was sent. by the applicant requesting that this matter be tabled until the October 17th. A motion to table was made by Scott Hopman; seconded by Wilto. A unanimous vote was recorded. As there was no further business, the meeting was adjourned. ~_ ~~~~~~ MAYOR G • ATTEST: C ~~R~~ TOWN ~~~ i r .~ .,~ t .~~- ~~ ~ ~ ~~ PETITION WHEREAS, Eagle County Trash Removal has changed the basis on which it charges its customers for its service and is currently charging based on an estimate of the cubic volume of trash removed, and WHEREAS, this new basis for computation of charges has resulted in a substantial increase in the total amount charged each customer, and WHEREAS, there does not appear to be any increase in • C05t5 which would be sufficient to justify these increased charges, and WHEREAS, the undersigned persons are concerned and affected by the described change, but are without recourse and powerless as individuals to effectively confront this situation, THEREFORE, EACH OF THE UNDERSIGNED HEREHY PETITIONS THE TOWN OF VAIL TOWN COUNCIL to investigate anc~ e~.amine the situation involving the services performed by Eagle County Trash Removal and to respond to the situation in whatever ways the Council determines to be for the good and in the best interests of the Town of Vail and its citiaens, business persons and guests. BUSINESS & ADDRESS ~~ ,~ _.,.. ,, ~_. ~uc~ . ~'i3NE :~ . H'IhL BILL ~ ~7 ~ ~~ 3 °~ ~ ~~ 1 'a~ .~~ ~-'~~3'~ q ~ ~ ~:~~,00`~,1`~`~ ,~o _~ 8 ~~ ~:4~~ SIGNATURE rt PETTTTdN • WHEREAS, Eagle County Trash Removal has changed the basis on which it charges its customers for its service and is currently charging based on an estimate of the cubic volume of trash reMOVed, and WHEREAS, this new basis for computation of charges has resulted in a substantial increase in the total amount charged each customer, and WHEREAS, there does not appear to be any increase in casts which would be sufficient to justify these increased charges, and inltiEREAS, the' undersigned persons are concerned and affected by the described change, but are without recourse and powerless as individuals to effectively confront this situation, THEREFORE, EACH OF THE UNDERSIGNED HEREBY PETITIONS THE TOWN OF VAIL TOWN COUNCIL to investigate and examine the situation involving the services performed by Eagle County Trash Removal and to respond to the situation in whatever ways the Council determines to be for the goad and in the best interests of the Town oc Vail and its citizens, business persons and guests. ~t ~3UNE,~ . SIGNATURE BUSINESS & ADDRESS LT~~%, $ILI, .. ~ ~ ~ ~ .se_~ `~~..~ ,~' ~ III ___ ~ ~~ 1 `~, ~~ ~~~ CZ`~ _,_ S~ ~ E ~ _ ~- ,. ~~~~ ~ ~ ~~ PETITION • WHEREAS, Eagle County Trash Removal has changed the basis on which it charges its customers for its service and is currently charging based on an estimate of the cubic volume of trash removed, and WHEREAS, this new basis for computation of charges has resulted in a substantial increase in the total amount charged each customer, and WHEREAS, there does not appear to be any increase in GOStS which would be sufficient to justify these increased charges, and WHEREAS, the undersigned persons are concerned and affected by the described change, but are without recourse and powerless as individuals to effectively confront this situation, THEREFORE, EACH OF THE UNDERSIGNED HEREBY PETITIONS THE TOWN OF VAIL TOWN COUNCIT~ to investigate and examine the situation involving the services performed by Eagle County Trash Removal and to respond to the situation in whatever ways the Council determines to be for the good and in the best interests of the Town of Vail anc~ its citizens, business persons and guests. ~~ , .JUNE ~' , SIGNATURE BUSINESS & ADDRESS ~I~,L BILL` ~~ ~ _ '1 n ~/4(~ ~ E~~.9'V~ ~ eb ~ 0 On ~ `~Or g4~~L3.i~ ~~~. S(~ ~ ~ . ~~PX R7~. ~ ~ ~ i ~ ~/ ~ ~~~'~~, . _ ~=~ l .. 1 ,// ' ~ ,~ ~ ,/ r . '~ ~~~ ~= / ~ . Q.3.~a-yam .fir'. %7 Cam' ~7 ~~N ~L ,~~ ~ tii ~~~ ~. ~ ~(~ ... -- ,. ~S~~Oa~ 1~~ ~~~ k y ~ ~ ~-- ~ n, ~~ S t` 1i11'1,vc t~ _ `1(~~~ ' '~ ~ t`i~ ~).~_) Can ~~~ _l'~ ' ~s~ ~~~}~,,~r~~C,.s~ , ~1~','~~ ~' . -~ U ~- , , ._. k.,~. ~ < }• n-;: PETITION • WHEREAS, Eagle County Trash Removs.l has changed the basis on which it charges its customers far its service and is currently charging based on an estimate of the cubic volume of trash removed, and WFIEREAS, this new basis far computation of changes has resulted in a substantial increase in the total. amount charged each customer, and WHEREAS, there does not appear to be any increase in costs which would be sufficient to justify these increased charges, and WHEREAS, the undersigned persons are cancerned and affected by the described changes but are without recourse and powerless as individuals to effectively confront this situation, THEREFORE, EACH OF THE UPdDERSIGNED HEREBY PETITIONS THE TOWN OF VAIL TOWN COUNCIL to investigate and examine the situation involving the services performed by Eagle County Trash Removal and to respond to the situation in whatever ways the Council determines to be for the good and in the best interests af.the Town of Vail. and its citiaens, business persons and guests. ~~ JUNE Ste. SIGNATURE BUSINESS & ADDRESS ~~~.,i~ BILL 5co~. c,aNCt~p.s~ Lim-a.. r r _ T ~1~_ ~~ ~-~/C ~J ~n6.ao ztz.z4 Cl~ l f .UV! l~lCsf (LO fG~ ~~ L~Ca"~CA . C./ ~ ~' /1 _ ~ ~ ~ ~~ ~~ Sc~c~ _, r ~~K ;~ . -`; ,~, F ~ ~ r PETITION `n i~J WHEREAS, Eagle County Trash Removal has changed the basis an which it charges its customers fox' its service and is currently charging based on an estimate of the cubic volume of trash removed, and WHEREAS, this new basis for computation of charges has resulted in a substantial increase in the total amount charged each customer, and WHEREAS, there does not appear to be any increase in costs which would be sufficient to justify these increased charges, and WHEREAS, the undersigned persons are concerned and affected by the described change, but are without recourse and powerless as individuals to effectively confront this situation, THEREFORE, EACH O?~' THE UNDERSIGNED HEREBY PETI'T`IONS C M THE TOWN OF VATL TOWN COUNCIL to investigate and examine the situation involving the services performed by Eagle County Trash Removal and to respond to the situation in whatever ways the Council determines to be for the good and in the best interests of the Town of Vail and its citiaens, business persons and guests. 5 & ADDRESS Ohl ~~ ~- ~~ a`3~/ - ~`a~ns' L..~.~r 2. 1 D~ ~~ ~~~ ,~t~l~ ~~~ ~~~. ~ ~rdr "1 1 ~~~ ~~. JUNE HIT,i, BILL ~~~ ~~a~ g2-S° ~I~:58 ~y S~D /~~ . G' c~ ------ - z FETiTION WHEREAS, Eagle County ~1'zash Removal has changed thc~ basis on which it charges its customers far its service and is currently charging based on an estimate of the cubic volume of trash removed, and WHEREAS, this new basis for computatio~~ of charges has resulted in a substantial increase in the total amount charged each customer, and WHEREAS, there does not appear to be any increase in costs which would be sufficient to 7usti:~y these increased charges, and inTHERF2IS, the undersie~nc~d persons c;rc concerned and, affected by the described changer but are without xecourse and powerless as individuals to effectively confront this situation, THEREFORE, EACH Off' THE UNDERSIGNED HEREBY PETITIONS THE TOWN OF VAIL TOWN COUNCIL to investigate and examine the situation involving the services performed by Eagle County Trash Removal and to respond to the situation in whatever ways the Council determines to be for the good and in the best interests o~ the Town of Vail and its citizens, business persons and guests. ~~. JUNE F. SIGNATURE BUSINESS & ADDRES5 $~L, $IT;L ~d~-,~ C~.x~~ti J.vY,-gin ~ . l.Vw~~ ~~ i __, ..y..:, , .. f ~. F • PETITION WHEREAS, Eagle County Trash Removal has changed the basis on which it charges its customers for its service and is currently charging based on an estimate of the cubic volume of trash removed, and WHEREAS, this new basis for computation of charges has resulted a,n a substantial increase in the total amount charged each customer, and WHEREAS, there does not appear to be any increase in costs which would be sufficient to justify these increased charges, and WHEREAS, the undersi<~ned persons are concerned and affected by the described change, but arcs wa.thc~ut recourse and powerless as individuals to effectively confront this situation, THEREFORE, EACH OF 3'HE [JNDERSIGNED HEREBY PETITIONS THE TOWN OF VATL TOWN COUNCIL to investigate and exaznix~e the situation involving the services performed by eagle County Trash Removal and to respond to the situation in whatever ways the Council. determines to be far the gaud and in the best interests of the Tawn of Vail and its ''` citizens, business persons and guests. /~; - J'UNE Ste' . SIGNATURE BUSINESS & ADDRESS 1~~~L BILL /~C.r~ • lJ`~.C~, ~/ ~ -1~~. Vim. ,2~ r~~7~1 ~..c~-v~-C_.~i~ '' ~/~.~~.c_.C' .~ _i/ "Y ~- c c.~,C,~C_~__ [y hoc «~-%~.~_ ~-t. °~ ~C.~, ~n ~' - r l ~~ - r ~-- ti, ____~ ~- ,. ~ ~ - ~ s PETITION • WHEREAS, Eagle County Trash Reznaval has changed the basis on which it charges its customers for its serv~..ce and is currently charging based on an estimate of the cubic volume of trash removed, and WHEREAS, this new basis for computation of charges has resulted in a substantial increase in the total amount charged each customer, and WHEREAS, there does not appear to be any increase in costs which would be sufficient to justify these increased • charges, and WT-TEREAS, the undersigned persons are cancerried and affected by the described change, but are wa.thout recourse and powerless as individuals to effectively confront this situation, THEREFORE, EACH OF THE UNDERSIGNED HEREBY PETITIONS THE TOWN OF VAIL TOWN COUNCIL to investigate and examine the situation involving the services performed by Eagle County Trash Removal and to respond to the situation in whatever ways the Council determines to be for the good and in the best interests of the Town of Vail and its citizens, business persons and guests. SIGNATURE GJ /'~~" BUSINESS & ADDRESS ~~ai~~ © so.--~.~. ~ 1 Puy- ~UNE _~. I3~ID, BILL ~~o,~ ~53,~? ~~ ~ ~~ ~ ~~ ~~~ ~-- ~' PETITION WHEREAS, Eagle County Trash Reraoval has changed the basis on which it charges its customers for its service and is currently charging based on an estimate of the cubic volume of trash removed, and WHEREAS, this new basis for computation of charges has resulted in a substantial increase in the total amount charged each customer, and GVHEREAS, there does not appear to be any increase in costs which would be sufficient to justify these increased charges, and inIHERE~IS, the undersigned g~ersons are concerned and affected by the descri!:~ed change, but are without recourse and powerless as individuals to effectively confront this situation, TI3EREFORE, EACH Ol~` THE UNDERSIGNED HEREBY PETITIONS THE TOWN OF VAIL TOWN COUNCIL to investigate and examine the situation involving the serva.ces perormed by Eagle County Trash Removal and to respond to the situation in whatever ways the Council determines to be for the good and in the best interests of the Town of Vail and its citizens, business persons and guests. 1~^-c~ . ~7UNE i~ . SIGNATURE BUSINESS & ADDRESS BZbL BILL r~ a • AGENDA VAIL TOWN COUNCIL REGULAR MEETING 3 OCTOBER 1978 7:30 P.M. ORDINANCES AND RESOLUTIONS 1. Ordinance No. 29, Series of 1978, second reading, making a supplemental appropriation from the General Fund for Ski Club Vail, cloud seeding, Lionshead malls, and Bighorn/ Sandstone bus system. 2. Ordinance No. 30, Series of 1.978, first reading, amending Title 18 of the Vail Municipal Code with regard to notifi- cation of adjacent property owners. 3. Ordinance No. 31, Series of 1978, first reading, amending Title 18 of the Vail Municipal Code relating to Special Development District 4, Coldstream. 4. Resolution No. 24, Series of 1978, expressing appreciation to and dissolving the Housing Task Force. PRESENTATIONS 5. Discussion regarding Eagle County Trash billing system. 6. Villa Cortina - appeal of Planning Commission approval of conditional use permit and parking variance for First Bank of Vail. 7. Sunbird Lodge -- appeal of Planning Commission denial of request far variances from allowable units per acre and parking provisions. TOVdN MANAGER REPORTS 'T'OWN ATTORNEY REPORTS CITIZEN PARTICIPATION y ~o ~~ ~~ ~~~~ pV bax 100 . vai1, coforado $1657 (3031 a76-5613 Ir~vo~G>r To: MR. ~~ARK CADMIrS BRAi~DESS-GADMUS REAL ESTAI•E P.O. BO.( 2328 VAIL, COLORADO 81657 office of the town manager Transcribing of work session comments by the Vail Town Council from meeting of October 17, 1978...... 4 hours 0 $6.00 per hour........,...$24.00 .,. Please make chock payable to: Sammye Meadows P .0. Box 1465 Vail, Ca 81657 Thank you r~ u t AGENDA VAIL TOWN COUNCIL REGULAR MEETING -- 17 OCTOBER 1978 7:30 P.M. ORDINANCES AND RESOLUTIONS 1. Ordinance No. 30, Series of 1978, second reading, amending Title 18 of the Vail Municipal Code with regard to notifi- cation of adjacent property owners. 2. (Ordinance No. 31, Series of 1978, second reading, amending +~Title 18 of the Vail Municipal Code relating to Special 1De~velopment District 4, Coldstream. 3. `Ordinance No. 32, Series of 1978, first reading, amending Title 18 of the Vail Municipal Code relating to Special Development District 3, Pitkin Creek Park. 4. Ordinance Na. 33, Series of 1978, first reading, amending Title 1$ of the Vail Municipal Code relating to Special Development District S, Vail Run. 5. Ordinance No. 34, Series of 1978, first reading, adopting by reference the Colorado Model Energy Efficiency Construc- tion and Renovation Standards for Nonresidential Buildings. 6: Ordinance No. 35, Series of 197$, first reading, amending Title 9 of the Vaal Municipal Code to prohibit overnight camping within the Town of Vail. 7. Resolution No. 25, Series of 1978, approving the purchase of the Gondola I site by the Town of Vail. 8. Resolution No. 26, Series of 197$, expressing the opposition of the Town Council to Proposition 2. PRESENTATIONS 9. Discussion regarding Eagle County Trash billing system. 10. 5unbird Lodge - appeal of Planning Commission denial of request for variances from allowable units per acre and parking provisions. 11. Christiania - appeal of Planning Commission approval of setback and distance between buildings variances for Leeward residence. 12. Westbye - appeal of planning Commission denial of GRFA ' variance. 13. Benchmark Investment, Inc. - appeal of Planning Commission denial of conditional use permit far real estate office in Lionshead Center Building. 14. Citizen request for reconsideration of cloud seeding appropriation. TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS CITIZEN PARTICIPATION f DRAFT y MINUTES (exerpted ) REGULAR ~EETZN~ VAIL TOWN COUNCIL TUESDAY, OCTOBER 17, 1978 • The Vail Town Council convened for its regular meeting at 7:35 p.m. on Tuesday, October 17, 1978, in the Town Council Chambers of the Vail Municipal Building. The Following Cauncilmembers and Mayor Rodney Slifer were present: Tom Steinberg Paula Palmateer Robert Ruder Scott Hopman Also present were: Tawn Attorney, Larry Rider and Town Manager, Terrell J. Minger. The first matters far Council attention were the following Ordinances and Resolutions: Ordinance #30, Series of 1978, second reading, amending Title 18 of the Vail Municipal Code with regard to notification of adjacent property owners. Ordinance was introduced, read, voted upon and adopted on second reading. ~d~nance #31, Series of 1978, second reading, amending Title 18 of the Vail Municipal Code plating to Special Development District 4, Coldstream. Ordinance was introduced, read, voted upon and adopted on second reading. Ordinance #32, Series of 1978, first reading, amending Title l8 of the Vail Municipal Cade relating to Special Development District 3, Pitkin Creek Park. Ordinance was introduced, read, voted upon and adopted on first reading. ' ~~4'^dinance #33, Series of 1978, first .reading, amending Title l$ of the Vail Municipal Code relating to Special Development District 5, Vail Run. Ordinance was introduced, read and voted upon and sdopted on first reading. Ordinance No. 34, Series of 1978, first reading, adopting by reference the Colorado Model Energy Efficiency Construction and Renovation Standards for Non residential Buildings. Ordinance was introduced, read, voted upon and adopted on first reading. Ordinance #35, Series of 1978, first reading amending Title 9 of the Vail Municipal Code to prohibit overnight camping within the Town of Vail, was introduced, read, voted upon and adapted on first reading. solution No. 25, Series of 7978, approving the purchase of the Gondola I site by the Tawn of ~i1 was introduced, read; voted upon and adopted. Resolution No. 26, Series of 1978, expressing the apposition of the Town Council to State of Colorado Proposition 2, was introduced, read, voted upon and adopted. The following Presentations were then considered by the Council: Discussion regarding Eagle County Trash billing system - a representative of the Public Uti1ities~ Commission explained PUC regulations regarding billing for licensed operators. Discussion regarding Sunbird Lodge appeal of Planning Commission denial of variance request. Matter was postponed until the first meeting in November. Discussion regarding Christiania appeal of Planning Commission approval of setback variance. Matter was postponed until the first meeting in November. Discussion regarding Westbye appeal of Planning Commission denial of GRFA variance. Mr & Mrs. Westbye appeared before Council. Following discussion, Council voted 3 against and 2 in favor of granting the appeal. Decision of Planning Commission denial stands. Discussion regarding Benchmark Investment, Inc. appeal of Planning Commission denial of ~ditional use permit far real estate office in Lionshead Center Building. Attorney Jay terson appeared on behalf of Benchmark. requesting permission to use the space, which is now vacant, for a real estate office for a limited amount of time w 2 to 4 years, after such time, it could be converted back to retail space. His appeal was based on the fact that the space is r DRAFT MIfVUTES VAII, TOWiV COUNCIL. OCTOBER 17, 7978 PAGE TWO ~` currently "dead" space and that an active business would the matter. Councilmember Palmatter and Councilmember S Counci1members Hopman, Ruder and Slifer were in favor of taken on a motion made by Councilmember Hopman to uphold seconded by Councilmember Ruder. The vote was. 3 to 2 in Planning Commission for Conditional Use Permit. be better than none. Council discussed teinberg were infavor of the appeal. upholding the denial. The vote was the. denial of the Planning Commission, favor of upholding the denial of the Discussion regarding Citizen request for reconsideration of cloud seeding appropriation. Following a length1y discussion, The Council decided to maintain the cloud seeding program. There being no further business for the Council, the meeting was adjourned at 11:25 p.m. .....3 .~ Mayor X~i~A. ~i ATTEST ~- ~: ~ ~~~~~~_ Town Clerk `` • 3 AGENDA VAIL TOWN COUNCIL REGULAR P9EETING 7 NOVEMBER 1978 7:34 P.M. ORDINANCES AND RESOLUTIONS 1. Ordinance No. 32, Series of 1978, second reading, amending Title 18 of the Vail Municipal Code relating to Special bevelopment District 3, Pitkin Creek Fark, 2. Ordinance No. 33, Series of 1978, second reading, amending Title 18 of the Vail Municipal Code relating to Special Development District 5, Vail Run. 3. Ordinance No. 34, Series of 1978, second reading, adopting by reference the Colorado Model Energy Efficiency Construc- tion and Renovation Standards for Nonresidential Buildings. 4. Ordinance No. 3S, Series of 1978, second reading, amending Title 9 of the Vail Municipal Code to prohibit overnight camping within the Town of Vail. 5. Ordinance No. 36, Series of 1978, first reading, adopting by reference the Uniform Building Code, 1976 Edition. 6. Ordinance No. 37, Series of 1978, first reading, adopting by reference the "Model Traffic Code for Colorado iKunicipal- ities", 1977 Edition. 7, Ordinance No. 38, Series of 1978, first reading, enabling the Town Council to borrow up to $300,004 far working capital. $. Ordinance No. 39, Series of 1978, first reading, limiting the maximum duration of continuous parking in the Vail Transportation Center. 9. Ordinance No. 44, Series of 1978, first reading, making a supplemental appropriation from the Open Space/Capital Improvements Fund far the purchase of the Gondola I Plaza. 10. Resolution No. 27, Series of 1978, adopting Town of Vail Employee Housing Policy. PRESENTATIONS ;.j? 11. Sinbird Lodge - appeal of Planning Commission denial of request for variances from allowable units per acre and parking provisions - continued from October 17 meeting. 12. Christiania - appeal of Planning Commission approval of setback and distance between buildings variances for Leeward residence - continued from October 17 meeting. 13. Public discussion regarding capital improvements program. 14. U.S. Forest Service - discussion regarding aspen trees in development areas. TOWN MANAGER REPORTS •+ TOWN ATTORNEY REPORTS CITIZEN PARTICIPATION -_- ~ J . ,. . MINUTES VAIL TOWN COUNCIL REGULAR MEETING November 7, 1978 MEMBERS PRESENT: Mayor Rod Slifer OTHERS: Terxy Minger, Town Manager Scott Hopman harry Rider, Town Attorney Paula Palmateer Bob Ruder Tom Steenberg Bill Wilco Mayor Rod Slifer called the meeting tQ orcier~.cvith the first item on the agenda being Ordinance No .. 32, Series of 1978, second reading. Slifer gave a brief description of this ordin~.nce noting that it was approved on first reading. Allen Gerstenberger pointed aut that the change Counca:l requested regarding review by both Planning Commission and Council of final plans had been made in the ordinance that they were to review and vote on tonight. Bill Wi1to voiced his concerns about the inclusion and amount of commercial space within the project. Palmateer moved for approval and seconded by Scott Hopman, The motion passed unanimously. Ordinance No. 33, Series of 1978, second reading. Jim Rubin painted out that when the original Special Development District 5 was approved, the maximum number of units permitted would be 139 with 10 units to be designated for employee housing and in the ordinance that was adopted, it was not specif9.cally adopted in that manner but the 139 units was the intent of the Council. (129 units with l0 employee units). There was some discussion~~as to the type of employee units, whether they were to be accommodation or dwelling units as well as the size of the employee units. Ruder made a motion to approve the ordinance with an amendment that there be a maximum of 125 units for time-sharing with the 10'employee:units as outlined in the special provisions. Steinberg seconded with an amendment that the employee units not have fireplaces. The vote was 3 to 3 and the motion failed. Bill Wilto made a motion for approval far the 125 time-sharing units with tkze 10 employee units defined as accommodation una:ts that may be combined with other units (common kitchens or ~i;yn~ doom) with no ~s,repl.aces; seconded by Hopman. After a lengthy discussion a vote was taken and the motion failed 4 to 2. Steinberg then made a motion to adapt Ordinance No. 33 as it stands before the Council with 129 time^shar.ing units and l0 employee units; seconded by Palmateer with the amendment that there be no fireplaces in the employee units. The amendment also stated that the minimum size of each employee dwelling unit be 850 square feet with a maximum size of 1,000 square feet per unit. The motion passed 9. to 2 (Ruder and Slifer against). Ordinance No. 34, second reading. Larry Rider asked that. this matter be tabled until the December 5th meeting as there had been only one public notification and two are required. Ruder made a motion far tabling until December 5th; seconded by Hopman. A unanimous vote was recorded. Ordinance No. 35, second reading. Slifer gave a brief description ~~ of this ordinance. It was noted from a member in the audience that the KOA campground could not take any overflow campers during the holiday seasons, A brief discussion occurred relating to~where campers could park during the peak seasons. Wi1to made a motion for approval; seconded by Hopman. A un,an~mou~; vote was recorded. Vail Tawn Council November 7, 1978 Page Two Ordinance No. 36 and 37, first reading. Larry Rider pointed out that these ordinances wexe "bookkeeping" ordinances that Council had previously approved as Ordinance Nos. 7 and 27. The requirement far two public notices had not been fulfilled at that time and he asked that the Council reapprove them as Ordinance Nos. 36 and 37. Steinberg made a motion to approve; seconded by Palmateer. A unanimous vote was recorded. Ordinance No. 38, first reading. Stan Bernstein gave the Coune.l a brief update of the Town`s borrowing capabilities and what they had done in the past, Ruder made a motion to approve with the amendment that under Section 1 the rate not exceed 8%; seconded by Palmateer°. A unanimous vote was recorded. Ordinance No. 39, first reading. There was some discussion from the Council as to how the 14 day time limit was arrived at. Jon Eberly felt that any longer time could become a revenue problem and explained his reasoning. He stated that he was not opposed to people staying longer than that but he wanted them to pay up every 14 days. Wi1ta made a motion for approval; seconded by Steinberg. A unanimous vote was recorded. Ordinance No. 40, first reada.ng. Stan Bernstein gave a brief sumt~ary as to why this ordinance was necessary and what costs the~Town would have to incur. Motion for approval made by Steinberg; seconded by Palmateer. A unanimous vote was recorded. Resolution No. 27. Slifer-gave a brief outline of this resolution and stated that he felt that. this resolution was a step in the right direction in attempting to salve the employee housing problem. It is an outline of what the Council feels are appropriate policies to follow in the years 1978 and 1979. Chuck Og~ilby raised some questions about the density increases and tradeoffs in the residential cluster and multifamily zones and why single family and duplex zones could not also be included within this framework. Discussion of this question followed resulting .n Palmateer making a motion for approval of the resolution as it stands; second by Steinberg. A "unanimous vote was recorded. Emily Bloomfield from Design Review Board introduced two representatives from the Forest Service who gave a presentation as to haw to make builders responsible for damage and for preventing damage to the aspen trees during development. Tom Dines delivered a summary of the aspen trees' growth and how they are damaged. John Lock stated some ways to prevent damage and some of the programs that the Forest Service has initiated in various communities. PJfinger mentioned that he would like to get some people together to work on this problem. Bloomfield said that the members of the Design Review Board would like to see some follow up on this presentation to make the preservation of aspen trees and other vegetation part of the Design Review Board's approval process. Slifer stated that the Council would follow up on it immediately as it is a problem that everyone is concerned with, Sunbird Lodge's appeal of Planning Commission's denial of a request for variances from allowable units per acre and parking provisions. This was continued from the October 17th meeting. Jim Rubin gave a brief summary of what the issues of concern were. Sunbird Lodge wants to convert five accommodation units into five dwelling units by adding efficiency refrigerators, sinks and double burner stoves. This convexsic~n would put them over the maximum allowable density in the Commercial Il zone district. It was pointed out that they are presently over that allowable density. When this came before the Planning Commission, the Commission felt that according to the definitions within the zoning ordinance approval of this request would be allowing an increase in density and that was contrary to th Vail Town Council November 7, 1978 Page Three growth management plan adopted a year ago and contrary to the general feeling within the community. The question before the Council was whether conversion of accommodation units into dwelling units really does change the use of the units and whether it is something that the Council would like to encourage or discourage. John Blish, attorney for the applicant, stated the applicant's position. A lengthy presentation in support of the request, which included a description of the Sunbird Lodge's operation, was given by Ed ~iVimberly, the applicant. Palmateer made a motion to approve the action taken by the Planning Commission denying the Sunbird's request; second by Hopman. A unanimous vote was recorded upholding the Planning Commission's action. Christiania appeal of Planning Commission's approval. Jim Rubin stated that there has been a change from the original request and that the applicant is now requesting a front setback variance of 4 feet and a distance between buildings variance of 112 feet. The original request included three variances with one being required on the western side of a 2 foot setback; the front setback was six feet and now is four feet and the distance between buildings was originally 15 feet and is now 112 feet. This is to add a garage. It was noted that the Planning Commission approved the revised request ~ to 1 and felt that it was upgrading the nea.ghborhood by lessening the amount of outdoor parking and since this house is in a public accommodation zone where 75% of the parking is to be covered, construction of a garage would be bringing this property into conformity with the zone district. Charles Calvin, attorney for the applicant, was present as well as Jim Itgorter, architect representing the applicant. Jim Morter explained that the applicant wished to build a two car garage. If a single car garage was to be built, variances would stx11 be needed for setbacks. Dick Hart, attorney for the appellant (the Chateau Christian Ownerts Association), presented the case for opposition which was based primarily upon view obstruction. Paul Johnston, representing the Chateau Christian, submitted photographs showing the impact that the present open parking has and how Chateau Christian's views would be obstructed if the garage as presently proposed would be obstructed. Questions as to redesign of the garage were raised and Jim Morter addressed them. Comments and questions from Council, and members of the audience were then entertained. Wl.to made ~ mot.on to uphold the de~is-on of the Planning Commission on the distance between buildings ~rarance; second by $opman, The rnota:on failed due to a 3 to 3 Vote. ~Vlto made a motion to reverse the decision of the Planning Colnmssa:on on the setback variance of 4 feet; second by Ruder. ~'lto felt that there was no significant hardship to grant the yar~ance and that further design a~ the proposed garage could ela:minate the need for this particular va~'i:ance, The motion to o~rearturn Planning Comma:ss•i~pn'~s approval passed unani:mausly. Discussion regarding capital improvements program in regard to improving the facilities of the soccer field at Ford Park was not heard as the applicants decided to send a formal letter to be discussed at the time when the complete capital improvements budget is reviewed. Slifer noted that the Dobson Ice Arena would be .in working order by the 15th of December, barring any unforeseen casualties. Chuck Ogilby had some questions and concerns about the Upper Eagle Valley Sanitation District's need to have to go into the stream bed to repair and replace major pipe lines. Under 'County zoning a special use permit is needed. The UEVSD feels that since they are a special district they are exempt from this provision. His objection is that developers have to follow all the rules and regulations and that private utility 1 ~' • Vail Town Council November 7, 1978 Page Four companies don't. He would like to get the Councils reaction to this situation since the Town of Vail will be affected due to pipe replacement in the Bighorn area. Council said they would look into it more closely and address it at their next regular meeting. As there was no further discussion, the meeting was adjourned. r ~ ` ~~. __~_..~.. E~ Mayor ATTEST: !%(/l Town Clerk T~:~~fi~~ ~~ 1~A1L STATE ~~,~~~~~ ~ +:~~~ ~5 1 t'l i.. k ~ t1 1~ 1 °: L'.iE ~ l t~'7 l l 1`1 !i' l..fi t.. ~., pp ~S~^i"i i„~ ~»l~ i ~'(I~ C,r;~:i~{~'"_ir'"~ ('~rt1=.3~ ,~~ •~~i'ii= ~]i~sst'11:.:~1:;.~~~."11`~ ~( k/P~4 (! i,r_ ~~\i...'vl.+iS~.7 ti`f ~~t~ 1 O3'1"l ~... ,~ W ~~~.. 7~V~~v Clrlr ~ .K._ .. ~~~ ~- AGENDA VAIL TOWN COUNCSL REGULAR A'IEETING 21 NOVEMBER 1978 7:30 P.M. 1. PRE5ENTATION OF COM'YIUNITX SIGNAGE PROGRAM ORDINANCES AND RESOLUTIONS 2. Ordinance No. 38, Series of 1978, second reading, enabling the Town Council to borrow up to $30U,000 for working capital. 3. Ordinance No, 39, Series of 1978, second reading, limiting the maximum duration at continuous parking in the Vail Transportation Center. 4. Ordinance No. 40, Series of 197$, second reading, making a supplemental appropriation from the Open Space/Capital Improvements Fund for the purchase of the Gondola I Plaza. 5. Ordinance No. al, Series of 19713, first reading, amending the Vail Municipal Gode by the addition of Chapter 8.28 relating to fireplaces. 6. Ordinance No. 42, Series of 1978, an emergency ordinance amending Chapter 3.28 of the Vail Municipal Code relating to the Policemen's Pension Fund. ' 7. Ordinance No. 43, Series of 1978, first reading, amending Chapter 12.04 of the Vail Municipal Gode relating to excavation and street cut permits. $, Ordinance No. 44, Series of 1978, first reading, imposing zoning districts on the recently annexed Elmore parcels. 9. Resolution No. 28, Series of 1978, approving the Town's leasing of certain equipment. .--~ PRESENTATIONS 10. Branders-Cadmus Real Estate, Tnc. - appeal of Planning and Environmental Commission denial of conditional use permit. 11. Gaynor Miller - appeal of Planning and Environmental Cam- mission approval of conditional use permit for Vail Mountain School. 12. Town Manager - appeal of Design Review Board approval of balcony modifications for Solar Vail Building, Lat $, Block 2, Vail Potato Patch Filing No. l.~ 13. Requests for street cuts. TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS CITIZEN PARTICIPATION w VAIL TOWN COUNCIL .Regular Meeting November 21, 1978 i MEMBERS PRESENT: Mayor Rod Slifer John Donovan Scott Hopman Tom Steinberg Bob Ruder Bill Wilto Paula Palmateer OTHERS: Stan Bernstein A11en Gerstenberger Gary Wa11 Presentation of Community Signage Program. This was iritroducted by Allen Gerstenberger who explained the history of it's inception. A representative from Communications Arts, Boulder, explained the program in detail. Ordinance No 38, Series of 1978, second reading. This is an ordinance enabling the Town Council to borrow up to $300,000 for working capital. Slifer then read the "title" into the record. Stan Bernstein, gave a more detailed explanation of the purpose of_ the ordinance. As there was no discussion, a motion was made by John Donovan to approve the ordinance; seconded by Scott Hopman. A unanimous vote was recorded in favor of the motion. Ordinance No. 39, Series of 1978, second reading. This is an ordinance limiting the maximum duration of continuous parking in the Vail Transportation Center. A motion for approval was made by Bill Wilto; seconded by Scott Hopman. A unanimous vote was recorded in favor. Ordinance No. 40, Series of 1978, second reading. An ordinance making a supplemental appropriation from the Open Space/Capital Improvements Fund for the purchase of the Gondola I Plata. It was noted that the purchase price would be $250,000 and while the Town would only be expending $25,000 in 1978, St ate Statutes require that the Town appropriate the entire sum. Tom Steinberg made a motion for approval; seconded by Bob _~ Ruder. A unanimous vote~was recorded in favor of the motion. Ordinance No. 41, Series of 1978, first reading. This is amending the Vail Municipal Code by the addition of Chapter 8.28 relating to fireplaces. Dennis Murphy, Environmental Health Officer, gave a detailed explanation of the ordinance and its purpose which includes setting a..poll.utrant:.standard index that would be put on the Vail Cable TV and set forth a voluntary burning program. After a lengthy discussion,a motion was made by John Donovan to continue Ordinance No. 41 until the next regular Council meeting; seconded by Ruder. A unanimous vote was recorded to continue discussion of this ordinance until the December 5th meeting. Ordinance No. 42, Series of 1978, an emergency ordinance. This ordinance would amend Chapter 12.04 of the Vail Municipal Code relating to the Policemen's Pension Fund. Slifer read the "title" into the record. Gary Wall gave a summary of the purpose of this ordinance and the reason why it must be passed as an emergency ordinance. Bill Wi1to made a motion for approval; seconded by John Donovan. A unanimous vote was recorded. Vail Town Council November 21, 1978 Page Two i Ordinance No. 43, Series of 1978, first re'ad'ing. This ordinance would amend Chapter 12.04 of the Vail Municipal Code relating to excavation and street cut permits. Dan Corcoran gave an explanation and description of the proposed ordinance. Clarification on the billings, who can obtain a permit and administrating official of the Town are. the three items that are addressed in this ordinance. A lengthy discussion followed.in which it was decided that the Town staff should take a look at the fee schedule and the legal means of collection. John Donovan made a motion for approval with the items outlined above; seconded by Steinberg. A unanimous vote was recorded. Ordinance No. 44, Series of 1975, first reading, imposing zoning districts on the recently annexed Elmore parcels. Slifer pointed out that at the work session it was decided with Mr. Elmore that any decision by the Town Council would be extended for a period of 60 days. Tn relation to the primary/secondary zoning, Mr. Elmore requested that the Town Council go ahead and adopt the Ordinance in regard to that zone district and extend for 60 days the other area which is approximately 12 acres. Slifer then read the "title"-into the record. It was noted that the total parcel is approximately 50 acres and that the Planning Commission approved the primary/secondary zoning parcels (southerly portion refereed to as Parcel "B"). Motion was made by Palmateer to approve Ordinance No. 44 as it relates to Parcel "B" of the map referenced to in order to allow primary/secondary zoning; seconded by j~Vilto. A unanimous vote was recorded in favor of the motion. Palmateer made a motion, which was at the request of the applicant, that Parcels "A" and "C" (reference map) zoning be tabled for 60 days; seconded by Donovan. A unanimous vote was recorded in favor of the motion. Resolution No. 28, Series of equipment. Bill Pyka Pointe Town Manager to proceed with Town has leased in the past. No. 28; seconded by Hopman. the motion. PRESENTATIONS: 1978 approving the Town's leasing of certain ~ out that this resolution authorizes the the leasing of certain equipment that the Donovan made a motion to approve Resolution A unanimous vote was recorded in favor of Branders-Cadmus Real Est'at'e, Tnc. This is an appeal of the Planning and Environmental Commission`s denial of a conditional use permit in order to allow a real estate office on the ground floor in the Casino Building. The applicant was represented by Bob Joyce who gave his presentation against the denial. Larry Rider then pointed out the legal considerations including the questions of estoppel and the application of conditional. use permits. A lengthy discussion followed in which there were many legal questions raised which could not be answer at that time; therefore, John Donovan made a motion to table consideration of the appeal until the next regular Council meeting (December 5th). ,This was seconded by Sob Ruder. The appeal. was unanimously tabled until December 5th. Gaynor Miller - appeal of the Planning and Environmental Commission's approval of a conditional use permit for the Vail Mountain School. At the request of the applicant and the appellant, John Donovan made a motion to table; seconded by Steinberg. The matter was unanimously tabled. Town Manager - appeal of the Design Review Board's approval of balcony modifications for Solar Vail Building. Jim Rubin gave a presentation of the balcony revisions for the Solar Vail. Building. Jay Peterson, representing Bob Lazier, briefly summarized the balcony modifications. Various members of the Design Review Board then spoke in defense of their approval process. After a lengthy discussion Bi11 ~'Vi1ta made a motion to uphold the Design Review Board's approval; seconded by Ruder. A 5-2 vote was recorded in favor of the motion. Opposing votes were cast by Dr. Steinberg and Scott Hopmen;. Vail Town Council November 21, 1978 Page Three Street Cuts -- Dan Corcoran gave an individual, detailed explanation of the following street cut requests. 1} Gold Duplex; contractor: David Floyd; address: 4977 Juniper Lane; occupancy: February, ].979. The request is for two cuts which go into the rand for water and sewer lines. Bill Wilto made a motion to approve this request with the provision that the Public Works Department monitor the temperature and weather conditions and that the cuts be made within a two day period if the Public Works Dept agree that the conditions are suitable; seconded by Tom Steinberg with the provisions that the applicant pay for the Town's monitoring time and that he be liable for damages if it is not compacted properly. Included within the motion was the provisions that the cuts must be made prior to December 1st. A 5-2 vote was recorded. Opposing votes were cast by Bob Ruder and Scott Hopman. 2) Holy Crass Electric's request for an extension of the time limit for setting two new transformers. The first is for a transformer extension by Brooktree and the other is for the Casolar del Norte project. These are electrical cuts. A motion for approval was made by John Donovan with the provision that the work be done by December 15th; seconded by Scott Hopman. A unanimous vote was recorded in favor of the motion. 3) Lot 16, Vail Meadows Filing No. l; Wagner Residence. Bob Ruder made a motion to deny the street cut permit; seconded by Scott Hopman. A 5-2 vote was recorded in favor of the motion to deny. Steinberg and Palmateer cast and opposing votes. Citizen Participation Jay Peterson, representing the Tyrolean Inn, made a request that the present conversion of the restaurant space into employee housing units be able to be reconverted into restaurant space when the employee housing problem is not so critical. Steinberg made a motion to give them a dispensation Pram their abandonment of their building for a period of two years for long-term housing of their employees; seconded by Wilto. A unanimous vote was .recorded in favor of the motion. Donovan voiced his concerns about the time taken to complete the Ice Rink. He requested that the architect be at the next meeting to explain the various delays. John Jake and Earl Eton are the in Vail and they were asked by the F. proposals to the Town Council. They Meadow Mountain to the Bald Mountain Jeep Trail. Concerns were voiced by problem in that area. operators of the snow cat operation crest Service to outline their are moving their operation from area, utilizing the Sprattle Creek the Council about a potential parking As there was no other business, the meeting was adjourned. ATTEST : ~.~.~~~j~ MAYOR ~ -~~ _~. ~I ~ "~ _. TOWI~CLERiC ~• r AGENDA ~ VA~L TOWN COUNCIL REGULAR A4EETING 21 NOVEMBER 197$ 7;3d P_M. 1. PRESENTATIQ?3 OF COM~4UNITY SIGNAGE' PROGRA-M ~ D RESOLUTIONS '~~ ORDINANCE AN 2. Ordinance No. 38, Series of 1978, second reading, enabling the Town Council to bozrow up to $300,ddd for working s capital. 3. Ordinance No. 39, Series a~ 1978, second reading, limiting the maximum duration of continuous parking in the Vail Transportation Center. 4. Ordinance No. ~d, 5eries of 1978, second reading, making a supplemental appropriation from the Open Space/Capital Improvements Fund for the purchase of the Gondola I Plaza. 5. Ordinance No, dl, Series of 1978, first reading, amending the Vail Municipal Code by the addition of Chapter 8.28 relating to fireplaces. C, Ordinance No. 42, 5eries of 1978, an emergency ordinance amending Chapter 3.28.of the Vail Municipal Code relating to the Policemen's Pension Fund. . 7. Ordinance No. 43, Series of 1978, first reading, amending Chapter 12.44 of the Vail Municipal Cade relating to excavation and street cut permits. 8. Ordinance No. X44, Series of 1978, first reading, imposing zoning districts on the recently annexed Elmore parcels. 9. Resolution No. 28, Series of 1978, approving the Town's leasing of certain equipment. PRESENTAT70NS ld. Brandess-Cadmus Real Estate, Inc. - appeal of Planning and Environmental Commission denial of conditional use permit. 11. Gaynor Miller' -- appeal of Plann mission approval of conditional Sehoo~.': 12. Town Manager - appeal of Design balcony modifications for Solar 2, Vail Potato Patch Filing No. ing and Environmental Com- use permit for Vail Mountain Review Board approval of Vail Building, Lot 8, Block 1. 1 ~ _ Regt~~sts for street cuts. ~9~~ CA ~~ ~9~9~ ~M~~o~c~ ~~~~~~ ~~T ~ S - ~ ~, '• - ~Cr~rz~rN.~.r......-^~.r..J~a:~r w`^.sk ~-~ ^~*.~ -- -__,.._ ..........-..~.._~=f ,+! i'..__-._-~.---.:-~. ~ 11F;U ~ _ _ c - '~ -1<~::1~ _ ^.-.. ..-v_ r~-~_._r _ w1~82w ilA3~ J A. OPr. ~ ~?'SF - PR 1!+',R'I LIST FE F. __ ', P,^Cf. ,~ ~;.. Public/Private 0oilst'lcnture ..,..w..~.~. 'y57S,UD'0 Y ~~, $75~,GUt7 ~515,LU0 $1r,OGO 575,G00 ' 04hsorl Arena . landscaping 50,000 . Interior . GonCola 1 Park -design 75,b00 150,000 2,500 lDO,ooo eves ~z in 1979) ~:o,oDD tg5,DC4 2so,o4o zrsD,D4o ! 'Vail V..lley 1}r. Fr.:!n~trfart Walk ~ . Pe~:rstrian Bridge 25,000 , Sidc+:alk 10,00D Covered Bridge Repair 5,000 Bighorn bridges .Bridge Road 45,000 .Lupine Drive 50,000 CoTprehcnsive Sign Program .Arta+ork, Const. Drawings 10,040 • .Directional Signs 15,000 !•4,;;s 8 Directional Signs f 20,000 .Street Signs ~ 10,000 Ski t:use~m Roof Repair Street Paving 2,000 64,400 21,000 ~ ~ 25,000 ! 25,000 .Vail Rd. (0.17 mi. repave} 22,200 : .Pte r..:igan Rd. (0.34 mr drip seal) 5,800 Ch=ck Point Charlie Construction 15,000 Stem SLr+er Sleeve -Gore Creek Or. 2,000 Creaksid-~ Stairs - Replace 4,D 00 lionsl!aad 'malls - Surface Repair i 20,000 t 24,000 0 2G C00 } 20,000 I 26,G00 ~ Street Lights 7,000 7,000 0 7,600 7,OOD ),000 ~ € Lionsf:oad Gus Turn-Around Natl. Bank Intersection Design 3, 00 1,000 # . Atia etic Club Lerner Improvement 33 1,000 ~i HiShv:ay Tree Transplanting f 2,OOD 5,000 5,400 5,000 ~ 5,000 ~ Road ~ Stream Revegetation 4,000 3,000 3,G00 2,000 ~ Sprinkler System - City Ball/Post Office 1,OOp ~ j Post Office Parking Lot - Repave ~.R ?=5C0 f- f ~• Sub-Tate] - Open Space $445,006 ~ f C021~' il';LIED CN tiEXT PAGEi, 1. f+ r: gig. 2 ~979~ ~98~ CAP~TAI~ C~/lP(~CUE~/IEI~TS - ' ; a -- . tt , . 1=1 ° -. .-- -... i!, i 9fi0 ~~ i 581 1532 C'~ GPEiI 8EC ~{ SPACE ~~FEE ~ OTHER ~ ~~ B. OPE!1 SPACE - SEt:Dtir,ARY L35T ~~ Bea Shelters ~ $ 5,OOD hti13 Creek Diversion Headgate ~ ~ 12,000 Sid~r:alk - 4-1,ay sLVa to h;useun,~ _... 4,CD0 Red Sandstone "n d. Realignment t) 12,000 Street Repaving - Forest Road ~' 30,000 Sprsnl;ler Syste:r, - Dvorpass (~rorth) ,r 5,000 hest LionstieaC Entrance 5,000 C. RECREATIL"sal R"ENITiES FEES , Running paths Ford Park ldaterline Bike Paths .Gighorn - lJil?ew I;ay to NLgget Lane .Ocrrpass to Sandstone Rd, .Bighorn to base of pass lions Ridge Park Ratsos Ranch Pzrk - picnic areas f:at`Vi Iiikc Pa :!I - YCYCg~tatC Spri,::,icr Sys L.ns i .Pirate Ship park I ,Ro!Ivr Staub Park Parcours Exerefse Course Strrt;iv:alk - Village along Dore Creek LionsH,rad Tot Lot t San:!>tanc Tot Lot -drinking faun[ain Ford P.trk Dcrmpsters f: ~' Se+I,.Total: Rec P,~nenities Foes ~ , ' 0. f0!:[t: l~R, OTI{fR F1iIlIlING SOtlfiCl_S k Library - Ca~sign ; Construction' Iiunlc:ip.il Parkrnq St.ructur,~ .i Infnrr,a tton ^ Center 5uh-Tat31: DOIIdS ~ l _-•- 6,000 ~ - 6,CD0 6,D00 S10,DDD 17,DOo 13,006 A,000 1,DC0 3,000 11,000 5,600 8,000 2,040 3,0:00 500 2,OOd 535,]DO 517,000 l ,500,0O0 1,141;?,{100 >d,517,CUU 65,000 .~.- ~~3 183 ... .. ~~ 6,000 ctltllltli!F.I) 1)?1 N!iKT I'F,G!:~-'w`- 7 t S "" 19'9.-1983 CAPITAL IfVl~2i ~/EMFN~S ,,, ~j - 1474 ~~ 79II0 1981 ~~ 15$2 ~ 1983 S OPi:t~ ~ RLC ~~ ~ ~ <pACr ... FEE .,~-- OTHER ' ~.~.., - ~ - ..« ~ _ . ~ ~ ~ E. iS30-E3 CAPI7AL PROJECTS t t -- ~ 1'TC ini"Or'ation Cer.tar Expansian ~ } 52D,4DD F:.:nicipal Auildsng :aprovements ! 4 25,000 • Ford Park - Frontage Rd. Parking i & Stairs ~ 44,000 ~lf Ceurse Pond Parking Lot 12,000 - ; reet Curbing Program Dutdo~r Handball Courts ~ 1 9,040 8,000 ' 5,000 5,40D 5,000 5,;rinkler Systa~s 15,.000 27,440 ~',;;nicipal Swi~,~ing Pobl ~ ~ ~ ~ 1,400,n00 L~ ~ ~:~r Ice Arena .__._,.,._.,- ~ ~.. ~ .~. .._ -- - - __' --~~ •- ._ ~ .~_. - • . _ _.._ ._r~ . . 3G0,000 .. ~..._ • F. GN;,~D TOT:.L FOd ALL ~( 5521.600 ~ 585,1CO ~ ~, #~ 54,517,000 E7T,OCO 53,504,G00 { f~ ii ~ I ~~S143,C'D ~ <.70 `o ODO CA7[iGORff:S ~ ~r ~- I .~~ ` ~ ...~, - u - rt ~ ~ F l T '~?: ~. e } k' Y { F 5 1 r d i 'f i +'~l,y~ ~ town o~ uaii box i00 office of the town manager nail, Colorado 81657 (303} 476-5613 STATEMENT February 79, 1979 T0: Jay Peterson Attorney at Law FROM: Diana Isgrig RE: TRANSCRIPT OF DISCUSSION AT TOWN COUiVCIL MEETING OF NOVEMBER 21, 1979 ~ TYROLEAN I~dN 3 hours @ X10.00 per hour .................$30.00 Thank you. Please rake check payable to Diana Isgrig P.O. Box 100 Vail, Co $1657 ~J "~ TRANSCRIPT: THE TYROLEAN INN NOVEMBER 21, 1978 ROD SLIFER: Citizen participation. JAY PETERSON: I've got one, un:~ortunately. The Tyrolean Inn has plans,af putting some employee dormitory roams in the lower floor of the old Blue Cow. It amounts to seven bedrooms, two employees, one in each bedroom, 14 employees. There will bathrooms in there. They can do it because it fits into the zone. The problem is, that it is zoned right now for a restaurant and once we take that ? out it can't go back into a restaurant again. They are spending a large amount of money-doing these dorm rooms and they don't want to take them out until the employee housing problem is solved. But they have no guarantees at that point that they could go back to a restaurant. They have lost a Iot of employees sofar, they've lost two and are about to lose two more employees because they cant find housing. Their going to house 14 of their employees right in Town. They don't have to drive there, they don't have to do anything. SCOTT HOPMAN: What's in that space right now? JAY PETERSON: It's a restaurant, part kitchen, bathroom, party room, pool room. They are taking that out and putting the bedrooms in. ROD SLIFER: Have they started? JAY PETERSON: No, they haven't started. The problem is the Zoning Ordiance on that use is non--conforming use, and once they change it, they will. have to come back in to get the use again. JOHN DONOVAN: Now you no that? JAY PETERSON: Yes. They can't afford to do that, because TYROLEAN INN Page 2 JAY PETERSON: CONTINDED they can't afford to lose the use but during this interim period with the employee housing crunch, they need to do this. JOHN DONOVAN: But Jay you know we can't answer questions that are going to asked of us down the road. JAY PETERSON: But I think Larry, isn't there a way that the Town passed a Resolution that i~':s not going to be deemed abandoned. Otherwise, it just not going to be worth it. Tt can't be done. Because they can't do it. JOHN DONOVAN: Sure they can do it. They'1T have to take the risk that it won't be approved as a restaurant again. JAY PETERSON: But Chats a risk they can't afford to take. JOHN DONOVAN: Well they can't afford not have employees either. JAY PETERSON: Well, everyone is in that boat this year. Their willing to supply housing for their own employees. Otherwise its just going to remain a restaurant this year. ROD SLTFER: Larry da you have something to say. LARk~Y RIDER: What Joh~a's request is, their saying we have now an existing conditional use the ordinance says that if its not used as such within a year for a years period it is deemed abandoned. And what Jay is saying, we don't want to abandoned it, we want to provide the housing but we want to keep the conditia~~al use . What we are asking r1 u • TYROLEAN INN PAGE 3 LARRY RIDER: CONTINUED JAY PETERSON: BILL WILTO: JAY PETERSON: JOHN DONOVAN: JAY PETERSON: UNKNOWN: you to do is recognize not amend it. You can do that by motion. You can just say we recognize that youarri~t abandoning this. It seems rather obvious that we are not going to take it out until employee housing units aren't needed anymore. But once employee housing units are built in Vail that dorm room,. like that, it will be un- occupied. Nobody will. stay in it because its not ~ ,good:. housing. Just like trailers dawn the valley but tH:-~e.~r sure jammed up this year. Its goad and thats all I'm asking for. -But we don't want a set of dorms that are empty five years from now. Isn't this something that should be before the Planning Commission? No, there is no provision for anything in the its got to be done by REsolution. There is no variance proceedures there is no nothizig. T've been through the Zoning Ordinance. There is no procedure to do it, except the Resolution that it would not be deemed abandoned. How many showers are they ,putting in? I don't no the exact number but there is a shower room. There is a men's room, there is a ladies room, there are shower faciliti in each°one, sink facility and toilet. i TYROLEAN INN PAGE 4 JOHN DONOVAN: JAY PETERSON: ROD SLIFER; INAUDIBLE: JOHN DONOVAN: JAY PETERSON: BILL WILTO: DR. STEINBERG: LARRY RIDER: DR. STEINBERG: ROD SLIFER: DR, STEINBERG: JAY PETERSON: BILL WTLTO: ROD SLIFER: In other words, one shower, one sink, one toilet. Your saying that the ideal situation would be 7 and 7, I don't know what the break down is. Don't min that up anyway. There is a hell.of. a lot of people pushed in .that basEment. Inaudible. Its a big roam. It a dorm type like Poor Richards was. I don't have any problem with it. We should pass a Resolution oking it that we're not, we're recognizing not abandoning their rights as a restaurant. I recommend we do it by a motion not a Resolution. Dk. Would you like to make a motion. I make a motion we give them a dispensation from the abandonment of their building to a period of two years for long-term employee housing of their employees no short-term, no condominiumization, no inaudible Its the Tyrolean Inn and the Lancelot because they are both tied together. Seconded. We have a motion and a second. With a two year stipulation and the stipulations that Dr. Steinberg mentioned. x ' ~ .a i TYROLEAN INN PAGE 5 ROD SLIFER: CONTINUED LARRY RIDER: ROD SLIFER: JAY PETERSON: Seconded by Bill Wil.to. Is there any other discussion? Ali in favox....Larry how would this be done, by contract, by letter agreement? They would be ... Jay can just ... his client could pay to have the tape transcribed and gust put the tape in the file I.thi,nk.':.t}~at would be fine. OK. No other da.scussa.on. A17. in favor say aye, Those opposed. UNANIMOUS. Thank you. J ~~ - AGENDA VAIL TOWN COUNCIL SPECIAL MEETING 2$ NOVEMBER 1978 7:30 P.M. 1. Cohen Construc~.ian - presentation regarding Dolasan Arena. 2. Public hearing regarding proposed 1979 Budget and Financia]. Plan. ~~; ~.: MINIiTES VAIL TOWN COUNCIL 51'EGTAL MEETING NOVEMBER 28, 1978 A special meeting for the purpose of holding public hearings on the 1979 proposed budget for the Town of Vail was convened at 7:40 pm, November 2S, 1978, in the Council Chambers of the Vail Municipal Building. Present were Mayor Rodney Slifer and the following Gouncilmembers: Paula Palmateer .john Donovan Tam Steinberg Scott Hopman Bob Ruder Bill Wilto Also present were Town Manager Terrell J. Minger and Finance Director Stan Bernstein. The meeting was called to order by Mayor Slifer. The first matter on the agenda was a presentation and discussion with Cohen Construction regarding the construction schedule of Dobson Arena. Mr. Axt Everitt representing the architects and Mr. Roger Ferrin representing Cohen Construction were present to meet with the Council. Mr. Ferrin stated the reasons for the delays in completion of the Arena by the stated deadline of December 15th. There was a general discussion regarding each of the items causing or potentially causing the delays, between Mr. Ferrin and the Gouncil. After examination of the alternatives, Council, Nir. Everitt and Mr. Ferrin agreed to cease construction on the Arena during the peiciod between December 24th and January 2nd, 1979, to allow use of the ice during that time. Construction would then resume during the days working toward completion. Mr. Everitt and Mr. Ferrin will report to Gouncil at the December 5, 1978 Council meeting with a revised completion date for the arena. The next item on the agenda was a public hearing regarding the proposed 1979 Budget and Financial Plan for the Town of Vail. Mayor Slifer expressed dissappointment at the fact that there had been no public response to the meeting in terms of attendance. The decision was made to continue with the meeting as a "work-session" for Council to examine budgets of departments, as they had done in the afternoon worksession that same day. In the process of examination of departmental budgets, the Council asked for the following reports for study: 1) a report from staff regarding possible re- vision of licensing fees for dogs. 2} a report from staff regarding comparison of costs for trash pick-up (Town of Vail vs Eagle County Trash). 3} a report from staff regarding recreation programs which currently run a deficit budget. Council would like to see them break even. S ti ~~ {_ _ ~ f~AYOR / ATTEST: ~~ T d LERK r~ AGENDA VAIL TOWN COUNCIL ~. REGULAR MEETING 5 DECEMBER 1978 7:30 P.M. ORDINANCES AND RESOLUTIONS 1. Ordinance No. 34, Series of 1978, second reading, adopting by reference the Colorado Model Energy Efficiency Construc- tion and Renov~ationStandards for Nonresidential Buildings. 2. Ordinance No. 36, Series of 1978, second reading, adopting by reference the Uniform Building Code, 1976 Edition. 3. Ordinance No. 37, Series of 1978, second reading, adopting by reference the "Model Traffic Code for Colorado Municipal- ities", 1977 Edition. 4. Ordinance No. 43, Series of 1978, second reading, amending Chapter 12.04 of the Vail Municipal Code relating to exca- vation and street cut permits. 5. Ordinance No. 44, Series of 1978, second reading, imposing zoning districts on the recently annexed Elmore parcels. 6. Ordinance No. 41, Series of 1978, first reading, amending the Vail Municipal Code by the addition of Chapter 8.28 relating to fireplaces. 7. Ordinance No. 45, Series of 1978, first reading, snaking supplemental appropriations from the General Fund and other specified funds. $. Ordinance No. 46, S~:ries of 1978, first reading, adopting a budget and financial plan for the Town of Vail for the fiscal year 1979. 9. Ordinance No. 47, Series of 1978, first reading, establishing a Debt Service Contingency Fund. 10, Ordinance No. 48, Series of 1978, first reading, imposing ~- an occupation tax on all electrical utilities operating within the Town of Vail. 11. Ordinance No. 49, Series of 1978, first reading, granting a franchise by the Town of Vail to Holy Cross Electric Association, Inc. 12. Resolution No. 29, Series of 1978, authorizing the granting of a franchise to Holy Cross Electric Association, Inc. PRESENTATIONS 13. Srandess--Cadmus Real Estate, Inc. - appeal of Planning and Environmental Commission denial of conditional use permit, continued from November 21 meeting. 14. Gaynor Miller - appeal of Planning and Environmental Com- mission approval of conditional use permit for Vail Mountain School, continued from November 21 meeting. 15. Holiday Inn - appeal of Zoning Administrator's denial. regard- ing rental car lease of 10 parking spaces. TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS CITIZEN PARTICIPATION c y ~~ VAIL TOWN COUNCIL Regular Meeting Decembex 5~, 1978 MEMBERS PRESENT Mayor Rod Slifer John Donovan Scott Hopman Paula Palmateer Tom Steinberg Bob Ruder Bill Wilto OTHERS ; Terry D+linger Larry Rider Stan Bernstein J.C. Clark, representing Vail Associates, opened the meeting with the parking policies to be adheared to during the winter season for the "day-skier" lots. - Ordinance No'. 34, Series 'of'~978, second reading. This is an ordinance adopting by reference the Colorado Model Energy~Efficiency Construction and Renovation Standards for non-residential buildings. A motion for approval was made by Donovan; seconded by Hopman. A unanimous vote was recorded in favor of the motion. Ordinance No. 36, Series of 1978, second reading. This is an ordinance adopting by reference the Uniform Building Code,~1976 Edition. A motion for approval was made by Donovan; seconded by Hopman. A unanimous vote was recorded. Ordinance No. 37, Series of 1978, secorid~reading. This amends by reference the "Model Traffic Code for Colorado Municipalities", 19?7 Edition. Bill Wilto made a motion for approval; seconded by Steinberg. A unanimous vote was recorded. Ordinance No. 43, Series of 1978, second reading. This ordinance amends Chapter 12.04 of the Vail Municipal Code relating to excavation and set cut permits. Larry Rider explained the various amendments to s s ordinance. More specifically Section 12.04350, Fees, was amended to ~ ~_~~~ ect a change in the basis fee from $5.00 to $25.00; backfilling, etc. is to b.e charged by time and materials. Paula Palmateer made a oration to apprrove the amended Ordinance No. 43; seconded by Steinberg. A unanimous vats was recorded. Ordinance No. 44, Series of 19?8', second reading imposing zoning districts on the recent~.y annexed Elmore parcels. A motion by Tom Steinberg to approve; seconded by Ruder. A unanimous vote was recorded. Ordinance No. 41, Series of 1'978, first reading. Slifer explained that this is an ordinance amending the Vail Municipal Code by the addition of Chapter 8.29 relating to fireplaces. After a brief discussion a motion to approve was made by Steinberg; seconded by Palmateer. A unanimous vote was recorded. Ordinance No. 45, Series of 1978, first reading. This ordinance would make a supplemental appropriation from the General Fund and other specified funds. Bill Pyka, finance department, responded to the questions from the Council: as did Stan Bernstein, I+'inance Director. A motion to approve was made by Scott Hopman; seconded by Tom Steinberg. A unanimous vote was recorded. Ord~.nance No. 46, Series of ]..978, first reading adopting a budget and financial plan for the Town of Vail for the fes~cal year 1979. Slifer explained that this ordinance was a summary of the budget. After a brief discussion a motion to approve was made by Steenberg; seconded by Wilto. A unanimous vote was recorded. Vail Town Council December 5, X978 Pages Two Ordinance No. d'7, Series of 1975, first reading. This as an ordinance establishing a debt service contingency fund for the Town of Vaal. Stan Bernstein gave a more detailed explanation.af its purpose. A motion to approve Ordinance No. 47 was made by John Donovan with amendments to Paragraph 3.12.020 to say the "Town Council by resolution adopted by five members of the Town Council..." &"Council by affirmative-unanimous vote..."; seconded by Hopman. A unanimous vote was recorded in favor of the amended ordinance,. Ordinance No. 48, Series of 1"978, first reading imposing an occupation tax on all electrical utilities operating within the Town of Vail. Larry Rider explained that this ordinance as wall as the fo7.Zowing two are part of a "franchise package" agreed to by Holy Cross Electric and the Town of Vail. He then discussed each ordinance an more detail. A motion to approve was made by Steinberg; seconded by Hopman. A unanimous vote was recorded. Ordinance No. 49, Series of 1978, first reading, granting a franchise by --t-he Town of Vail to Holy Cross Electric Association, Inc.. A rnotaon to approve was made by Bill Wilto with the amendments that were outlined by Larry Rider and that Holy Cross submit an undergrounding schedule to the Town prior to the next reading; seconded by John Donovan. A unanimous vote was recorded. Resolution No. 29', Series of 1978 authorizing the granting of a franchise to Holy Cross Electric Association, Inc.. Tom Steinberg made a motion to approve; seconded by Scott Hopman. A unanimous vote was recorded. PRESENTATIONS Brandess-Cadmus Real Estate, Iric., Slifer noted that this had been continued from the November 21, 1978 meeting. Larry Rider then addressed the questions that were raised at the prior meeting and noted that the applicant would be willing to agree to the condition that the real estate use would be "personal" to them and that upon transfer or sale of the property, the real estate usage~~would not be transmitted. Sob Joyce, attorney far the applicant, then outlined their position and answered questions from the Council. Bill Wilto made a motion to reverse the Planning Commission's denial of and approve the Conditional Use Permit far Brandess-Cadmus Real Estate with the condition that terms as previously -discussed are worked out at a later date. This was seconded by Tom Steinberg. A 4-3 vote was recorded in savor. Slifer, Hopman and Ruder cast the opposing votes. Gaynor-Mill~:r's Appeal. This is an appeal of the Planning and Environmental Commission's approval of conditional use permit for Vail Mountain School. Jim Rubin stated that a compromise had been reached by the two opposing parties and they had sent a letter setting forth that compromise to me Council. The compromise basically centered around chan~~.ng the location of the building, which had previously been approved by the Planning Commission. Jam Rubin outlined the new location in more detail. Donavan made a motion to uphold the Planning and Environmental's approval of the conditional use permit for the Vail 11!Iountain School subject to the Planning and Environmental Commission's approval of the new site plan. This was seconded by Bob Ruder. A unanimous vote was recorded in favor of the motion. Holiday znn's Appeal. This is an appeal of the Zoning Administrator's denial regarding a;rental car lease of ten parking spaces. Jim Rubin gave the Council the background information on the appeal which centered .round the denial of a business license for Hertz Rent-A~-Car and their lease agreements. Jam Rubin felt that the lease agreement between Hertz and the Holiday Inn was contrary to the intent of the Zoning Ordinance. Vail Town Council December 5, 1978 Page Three L Holiday Inn, cont. A representative from the Holiday Inn responded to questions from the Council. Larry Rider then gave his legal interpretation of the lease agreement and how it related to the zoning ordinance. After a lengthy discussion, John Donovan made a motion to table any decision on this matter until the next regular meeting; seconded by Wilto. A 6-1 vote was recorded in favor of tabling. Hopman cast the opposing vote. 1979 Fee Schedule for the John A. Dobs~ri Tce Arena. After a lengthy discussion a motion was made by Tom Steinberg to adopt the first column `' on the left of the first draft that was presented to~he Council with the balance of the program being one rate; seconded by Palmateer. A 6-1 vote was recorded in favor. Ruder cast the apposing vote. John Donovan expressed some concern about the Red Sandstone Elementary School program and he asked that a representative from the school be at the Council's next meeting. ~` As there was na further business, the meeting was adjourned. ATTEST: ~, T~WfJ CLER{C~ ~! ~~~ .-~ ~~ ~.:~ ~ _ ., Mx[YOR K ~. ~. - s ~ m AG~1DA VAIL TOWN COUNCIL REGULAR MEETING 19 DECEMBER 1978 7:30 P,M. SPECIAL PRESENTATION REGARDING RED ZINGER CLASSIC BICYCLE RACE. ORDINANCES AND RESOLU'T'IONS 1. Ordinance No. 41, Series of 1978, second reading, amending the Vail Municipal Code by the addition of Chapter 8.28 relating to fireplaces. 2. Ordinance No. 45, Series of 1978, second reading, making supplemental appropriations from the General Fund and other specified funds. 3. Ordinance No. 46, Series of 1978, second reading, adopting a budget and financial plan for the Town of Vail for the fiscal year 1979. 4. Ordinance No. 47, Series of 1978, second reading, establish- ing a Debt Service Contingency Fund. 5. Ordinance No. 48, Series of 1978, second reading, imposing an occupation tax an all electrical utilities operating within the Town of Vail. 6. Ordinance No. 49, Series of 1978, second reading, granting a franchise by the Town of Vail to Holy Cross Electric Association, Inc. 7. Ordinance No. 50, Series of 1978, first reading, comprehensively amending Title 18 of the Vail Municipal Code relating to Zoning. $, Ordinance No. 51, Series of 1978, first reading, amending Title 16 of the Vail Municipal Code relating to Signs. PRESENTATIONS 9. Vail Athletic Club - ascu5sion re~aruing special lo;xctin~ zone. 10. Tom Leonard, Vail Associates - request for funds for Manpower Development Program. 11. Appointment of two members to Design Review Board. TOWN MANAGER REPORTS TOWN ATTORNEY REPORTS CITIZEN PARTICIPATION s i i r i MINUTES TOwN Opt UAIL TOWN COUNCIL REGULAR MEETING 1.9 DECEMBER, 1978 7 : 30 PM - ~4 4 The Vail Town Council convened far its regular meeting at 7.30 pm on Tuesday, December, 1978 in the Town Council Chambers of the Vail Municipal Building. Present were: Mayor Rod Slifer, Councilmembers Steinberg, Hopman, Wilto, Palmateer, and Donovan. Also present were: Town Manager Terrell J. Minger and Town Attorney Larry Rider Ordinance # 41, Series of 1978 was read and introduced on first reading by Mayor Slifer. The ordinance amends the Vail Municipal Code by the addition of Chapter 8.28 relating to fireplaces. A representative from Fitzhugh Scott's office spoke in opposition of the proposed amendments. Town of VAi1 Environmental Health Officer Dennis Murphy spoke in favor of the proposals and Building Official Mark Marchus added his comments in support of the amendments. Councilmember Wilto moved to approve Ordinance # 41 on second reading with the change that it apply to any project submect to DRB approval. Councilmember Palmateer seconded the motion with the addition that a fee of $25.00 be charged, All present voted in favor and the motion passed. Ordinance No. 45, Series of 1978, making a supplemental appropriation from the General Fund and other specified funds was introduced and read on second reading by Mayor Slifer. ~~ Mr4 Minger introduced Bi11 Pyka, Town of Vail Comptroller who explained the need for the appropriations. There was no discussion or questions from Council or the Public. Council- member Wopman moved to approve; Councilmember Steinberg seconded the motion; All present voted in favor and the motion passed. Ordinance No. 46, Series of 1978 adopting a budget and financial plan for the Town of Vail for the fiscal year 1979, was introduced and read on second reading by Mayor Slifer. There was no discussion but Councilmember Wi7to pointed, out that copies of the budget were available to the public at the Town Office. CouncilmemHopman moved to approve the adopting ordinance; Councilmember Wilto seconded the motion. A11 present voted in favor and the motion passed . Ordinance No. 47, Series of 1978, establishing a Debt Service Contingency Fund was introduced by Mayor Slifer and read for .second reading. There was a general discussion among the Council regarding changes to be made in the second and last paragraphs of the ordinance. Councilmember Donovan moved to approve; Councilmember Steinberg seconded the motion. All present voted in favor and the motion passed, Ordinance No. 48, Series of 1978, imposing an occupation tax on all electrical utilities operating within the Tawn of Vail was introduced and read on second reading by Mayor Slifer, Tawn Attorney Larry Rider explained the sections of the ordinance. Mayor Slifer pointed ~~'out that the revenues generated in 1979 would amount to approximately $60,000 and would not be passed on the consumers as added utilities costs by the utilities company. Council- member Steinberg moved for approval; seconded by Counei~lmember Hopman. All present voted in favor and the motion passed. Ordinance No. 49, Series of 1978, granting a franchise by the Tawn of Vail to Holy Cross Electric Association, Inc., was introduced and read vn second reading by Mayor Slifer. Larry Rider explained some slight changes made in the ordinance since first reading and requested that the council direct publication of the ordinance in full on second reading. There was no further discussion. Councilmember Donovan moved to approve; Councilmember Steinberg seconded the motion; All present voted in favor and the motion passed. Ordinance No. 50, Series of 1978, comprehensively amending Title 18 of the Vail Municipal Code relating to Zoning was introduced and read on first reading by Mayor Slifer. Zoning Administrator James Rubin explained that the changes were being proposed for clarification of the Zoning codes and to reflect the philosophy and policy statements formulated by the Town Council and Planning Commission. There was a general discussion among the Council and public and support expressed by a member of the Design Review Board for the changes. With no further discussion Councilmember Donovan moved for approval with the suggested amendments to be made prior to second reading. Councilmember Wi1to seconded the motion. A1~.present voted in favor and the motion passed, ,~ ~. Ordinance No. 51, Series of 1978, amending Title 16 of the Vail Municipal Code relating to Signs was introduced and read on first reading by Mayor Slifer. Zoning Administrator Jim Rubin explained the reasons for the proposed changes being a clarification of procedures. There was a general discussion regardi~ig what signs c~?u]d be approved by the Staff and what situations would require approval by the DRB. Councilmember moved to approve the ordinance with the amendment that the words "three square feet" be substituted. f~I?1UT~.S REGULAR MEETING VAIL TOWN COUNCIL DECEMBER 19, 7978 PAGE TWO \~~EVER THE WORDS "ten square feet" currently appear in the ordinance. Councilmember Donovan seconded the motion. Ali present voted in favor and the motion carried. The next item on the agenda was a discussion regarding a sped al request for a loading zone at the Vail Athletic Club. Pepi Gramshammer and Fitzhugh Scott appeared before council to make the request, Council committed to reinstate the bus stop at the Vail Athletic Club but denied the request for a loading zonet Mr. Tom Leonard, Mr. Bab Parker, representing VAiI_ Associates and Mr. Randy Milhoan representing Colorado Mountain College appeared before Council to request funds for support of a proposed Manpower Development Program. The request was specifically for $6,500 initial contribution and an additional $6,500 for use in scholarships. Mayor Slifer requested that no committment be made to the Manpower program until all other requests far Town of Vail contributions had been received from the Community. He further suggested that all other possible avenues for funding of the Manpower program be explored before the Town of Vail could contribute. The Council as a whole then advised the Community to submit requests far special funding contributions from the Town of Vail prior to January 31, 1979 and stated that a selection of those to be funded would be announced at the February meeting. The next matter fou council consideration was the appointment of two members to the Design Review Board. Mayor Slifer called for a secret ballot. Elected by secret ballot to serve on the Design Review Board for two year terms were: Tom Hollis and Chris Siverson. There were no Town Manager Reports, There were no reports from the Town Attorney. in Citizen Participation, Pepi Gramshammer asked about the traffic patterns and street closures causing restriction in access to the core businesses and those on Willow Bridge Road. There was a general discussion regarding the ultimate plans being studied to eliminate cars an that street altogether. Mr. Gramshammer stated his opposition to complete closure and explained the hardship imposed on his business because of closures. The Council stated that the general purpose was to remove as much traffic from the area as possible without damaging his business and- preserving pedestrian safety. The Council agreed in general to give further study to the traffic patterns to determine if a more agreeable situation could be designed. Councilmember Wilto asked for an update on the Ice Arena.. Pat Dodson stated that they were planning to make ice around December 26th and plan to be able to use the ice by January 1st, 1979. ,~ There being no further business before the Council, Councilmember Donovan moved for adjournment; Councilmember Steinberg seconded the motion; all present voted in favor and the motion carried. Meeting was adjourned. ~~~~f ATTEST: TOWN CLERK